Ozkay et al v. Equity Wave Lending, Inc., et al
| ESER OZKAY and GULISTAN OZKAY |
| EQUITY WAVE LENDING, INC, SUNWEST TRUST FBO MICHAEL SMITH TRADITIONAL IRA and Equity Wave Lending, Inc. |
| 4:2020cv08263 |
| November 23, 2020 |
| US District Court for the Northern District of California |
| Jon S Tigar |
| Real Property: Foreclosure |
| 42 U.S.C. § 1981 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 21, 2021. A more recent docket listing may be available from PACER.
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Filing 31
ORDER VACATING HEARING re #28 MOTION to Dismiss filed by Equity Wave Lending, Inc., Sunwest Trust FBO Michael Smith Traditional IRA. Signed by Judge Jon S. Tigar on January 21, 2021. (mllS, COURT STAFF) (Filed on 1/21/2021)
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| Filing 30 REPLY to Untimely Opposition to Motion to Dismiss and Request to Dissolve Preliminary Injunction Sua Sponte (re #28 MOTION to Dismiss ) filed by Equity Wave Lending, Inc., Sunwest Trust FBO Michael Smith Traditional IRA. (Goldstein, Jason) (Filed on 1/19/2021) Modified on 1/20/2021 (jmlS, COURT STAFF). |
| Filing 29 OPPOSITION/RESPONSE (re #28 MOTION to Dismiss ) Plaintiff's Complaint filed byEser Ozkay, Gulistan Ozkay. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Mellen, Matthew) (Filed on 1/15/2021) |
| Filing 28 MOTION to Dismiss filed by Equity Wave Lending, Inc., Sunwest Trust FBO Michael Smith Traditional IRA. Motion Hearing set for 2/3/2020 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 1/11/2021. Replies due by 1/19/2021. (Attachments: #1 Proposed Order, #2 Appendix Memorandum of Points and Authorities in Support of, #3 Appendix Request for Judicial Notice and Request for Incorporation by Reference Into Complaint)(Goldstein, Jason) (Filed on 12/28/2020) |
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Filing 27
ORDER GRANTING PRELIMINARY INJUNCTION by Judge Jon S. Tigar re: #13 order to show cause re preliminary injunction. (jstlc2S, COURT STAFF) (Filed on 12/28/2020)
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| Filing 26 Minute Entry for proceedings held before Judge Jon S. Tigar: Show Cause Hearing held on 12/28/2020.Total Time in Court: 22 minutes. Court Reporter: Diane Skillman. Plaintiff Attorney: Elizabeth B. Cermak. Defendant Attorney: Jason E. Goldstein. (amgS, COURT STAFF) (Date Filed: 12/28/2020) |
| Filing 25 RESPONSE to Opposition to Order to Show Cause re #13 Order on Ex Parte Application, #19 Notice (Other), by Eser Ozkay, Gulistan Ozkay. (Cermak, Elizabeth) (Filed on 12/22/2020) Modified on 12/22/2020 (jmlS, COURT STAFF). |
| Filing 24 CLERKS NOTICE SETTING ZOOM HEARING. Order to Show Cause Hearing set for 12/28/2020 09:30 AM. Replies due by 12/21/2020. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than December 22, 2020 by 2:00 p.m.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to #23 Order on Stipulation. Order to Show Cause Hearing set for 12/28/2020 09:30 AM. Replies due by 12/21/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 12/15/2020) |
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Filing 23
ORDER TO CONTINUE HEARING ON ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND EXTEND DEADLINES by Judge Jon S. Tigar granting #22 Stipulation.(mllS, COURT STAFF) (Filed on 12/15/2020)
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| Filing 22 STIPULATION WITH PROPOSED ORDER Continuance re #13 Order on Ex Parte Application filed by Eser Ozkay, Gulistan Ozkay, Equity Wave Lending, Inc. and Sunwest Trust FBO Michael Smith Traditional IRA. (Cermak, Elizabeth) (Filed on 12/15/2020) Modified on 12/16/2020 (jmlS, COURT STAFF). |
| Filing 21 Minute Entry for proceedings held before Judge Jon S. Tigar: Status Conference held on 12/14/2020. Hearing held via Zoom videoconference. Parties will meet and confer and file a stipulation regarding continuing the order to show cause hearing set for December 14, 2020. Total Time in Court: 10 minutes. Court Reporter: Not Reported. Plaintiff Attorney: Elizabeth B. Cermak. Defendant Attorney: Jason E. Goldstein. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Date Filed: 12/14/2020) |
| Filing 20 CLERKS NOTICE SETTING ZOOM HEARING. Status Conference set for 12/14/2020 04:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst General Order 58. Persons granted access to court proceedings held by telep hone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Status Conference set for 12/14/2020 04:00 PM in Oakland, - Videoconference Only before Judge Jon S. Tigar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 12/14/2020) |
| Filing 19 NOTICE by Equity Wave Lending, Inc., Sunwest Trust FBO Michael Smith Traditional IRA re #13 Order on Ex Parte Application, Opposition to Order to Show Cause Re Preliminary Injunction (Attachments: #1 Declaration Decl of Jack Suddarth, #2 Declaration Decl of Jason Goldstein, #3 Declaration Decl of Michael Smith, #4 Evidentiary Objections to Eser Ozkay Decl.)(Goldstein, Jason) (Filed on 12/10/2020) |
| #Electronic filing error. NOTICE TO COUNSEL: Jason E. Goldstein. The docket shows a different address from what is appearing on the document (dkt. #: 15 Notice of Appearance filed by Equity Wave Lending, Inc., Sunwest Trust FBO Michael Smith Traditional IRA). Please update your personal profile on ECF. (jmlS, COURT STAFF) (Filed on 12/4/2020) |
| #Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials JST immediately after the case number. Re: #15 N otice of Appearance filed by Equity Wave Lending, Inc., Sunwest Trust FBO Michael Smith Traditional IRA, #16 STIPULATION WITH PROPOSED ORDER (jmlS, COURT STAFF) (Filed on 12/4/2020) |
| Filing 18 CLERKS NOTICE SETTING ZOOM HEARING. Order to Show Cause Hearing set for 12/16/2020 09:30 AM. Responses due by 12/10/2020. Replies due by 12/14/2020. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than December 15, 2020 by Noon.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/., Set/Reset Deadlines as to [17 ] Order on Stipulation. Order to Show Cause Hearing set for 12/16/2020 09:30 AM. Responses due by 12/10/2020. Replies due by 12/14/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 12/4/2020) |
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Filing 17
ORDER TO CONTINUE HEARING ON ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND EXTEND DEADLINES by Judge Jon S. Tigar granting #16 Stipulation. (mllS, COURT STAFF) (Filed on 12/4/2020)
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| Filing 16 STIPULATION WITH PROPOSED ORDER TO CONTINUE HEARING ON ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND EXTEND DEADLINES filed by Equity Wave Lending, Inc., Sunwest Trust FBO Michael Smith Traditional IRA, Eser Ozkay and Gulistan Ozkay. (Goldstein, Jason) (Filed on 12/4/2020) Modified on 12/7/2020 (jmlS, COURT STAFF). |
| Filing 15 NOTICE of Appearance by Jason Edward Goldstein (Goldstein, Jason) (Filed on 12/4/2020) |
| Filing 14 CLERKS NOTICE SETTING ZOOM HEARING. Order to Show Cause Hearing set for 12/9/2020 09:30 AM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jst Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appear ance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than December 8, 2020 by Noon.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Order to Show Cause Hearing set for 12/9/2020 09:30 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mllS, COURT STAFF) (Filed on 11/25/2020) |
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Filing 13
ORDER GRANTING TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION by Judge Jon S. Tigar granting #9 Ex Parte Application. Replies due by 12/7/2020. Responses due by 12/4/2020. Order to Show Cause Hearing set for 12/9/2020 09:30 AM.(mllS, COURT STAFF) (Filed on 11/25/2020)
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| Filing 12 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 2/23/2021. Initial Case Management Conference set for 3/2/2021 02:00 PM in Oakland, - Videoconference Only. (mllS, COURT STAFF) (Filed on 11/25/2020) |
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Filing 11
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 11/25/20. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 11/25/2020)
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| Filing 10 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 11/25/2020) |
| Filing 9 Ex Parte Application for a Temporary Restraining Order filed by Eser Ozkay, Gulistan Ozkay. (Attachments: #1 Declaration Declaration of Brenna Wood Fitzpatrick re Notice, #2 Declaration Declaration of Eser Ozkay, #3 Proposed Order)(Mellen, Matthew) (Filed on 11/24/2020) |
| Filing 8 Summons Issued as to Sunwest Trust FBO Michael Smith Traditional IRA. (tnS, COURT STAFF) (Filed on 11/24/2020) |
| Filing 7 Summons Issued as to Equity Wave Lending, Inc.. (tnS, COURT STAFF) (Filed on 11/24/2020) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 2/15/2021. Initial Case Management Conference set for 2/22/2021 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 11/24/2020) |
| Filing 4 Civil Cover Sheet by ESER OZKAY, GULISTAN OZKAY Case Type 220 Foreclosure. (Mellen, Matthew) (Filed on 11/24/2020) |
| #Electronic filing error. Case has been randomly assigned to judge, however incorrect Civil Cover Sheet CAND 44 (Rev. 07/19) used at case opening. Please complete and re-file as a separate docket entry correct Civil Cover Sheet JS-CAND 44 (Rev. 10/20 re: #4 Civil Cover Sheet filed by GULISTAN OZKAY, ESER OZKAY (bwS, COURT STAFF) (Filed on 11/24/2020) |
| Filing 5 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/7/2020. (bwS, COURT STAFF) (Filed on 11/23/2020) |
| Filing 3 Proposed Summons. (Mellen, Matthew) (Filed on 11/23/2020) |
| Filing 2 Proposed Summons. (Mellen, Matthew) (Filed on 11/23/2020) |
| Filing 1 COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF: 1.Violation of California Civil Code Civil Code section 2924c; 2.Breach of Contract; 3.Breach of the Covenant of Good Faith and Fair Dealing; 4.Violation of 42 U.S. Code 1981; 5.Violation of 15 U.S. Code 1691 et seq.; 6.Violation of California Civil Code 1788, et seq.; 7.Violation of Business and Professions Code 17200, et seq.; 8.Negligence; DEMAND FOR JURY TRIAL against EQUITY WAVE LENDING, INC, SUNWEST TRUST FBO MICHAEL SMITH TRADITIONAL IRA, (Filing Fee: $400.00, receipt number 0971-15231609). Filed by ESER OZKAY, GULISTAN OZKAY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibits A-B)(Mellen, Matthew) (Filed on 11/23/2020) Modified on 11/24/2020 (tnS, COURT STAFF). |
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