Archer et al v. Darling et al
Annette Nelson, Donna Wolosin, James Wolosin, Heather Archer, David Hanna, Ryan Archer, Pat Mihalik, Colleen Hanna, Larry Nelson, Daniel Hogan, Susan Kilman, Carol Gullingsrud, Herb Gullingsrud, William Shanahan, Lise Shanahan, Diane Hogan, Larry Scott, Dr. Craig Chan and Lynn Scott |
Indymac Bank, Central Colorado Title Company, Michael Boring, Lakewood Hills Investments, LLC, Indymac Federal, SunTrust Mortgage, Inc., QuadStar Mortgage, National City Mortgage Co., DOES 1-20, Assurity Financial Services, LLC, Land Properties, Inc., Little River Ranch, LLC, Scott McDowell, Universal Real Estate Investments Corp. and Wallace Darling |
3:2008cv01451 |
August 8, 2008 |
US District Court for the Southern District of California |
Truth in Lending Office |
San Diego |
Michael M Anello |
Ruben B Brooks |
Truth in Lending |
18 U.S.C. § 1964 |
Plaintiff |
Docket Report
This docket was last retrieved on August 31, 2009. A more recent docket listing may be available from PACER.
Document Text |
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Filing 66 Transfer Letter Received from District of Colorado. Case number in other court is 09cv1988-PAB-KMT. (leh) |
Filing 65 ORDER Transferring Case to the District of Colorado; denying as moot #40 Motion to Dismiss; granting in part #43 Motion to Dismiss; granting in part #44 Motion to Dismiss for Lack of Jurisdiction; denying as moot #47 Motion to Dismiss; granting in part #49 Motion to Dismiss for Lack of Jurisdiction. For the foregoing reasons, the Court grants Defendants' motions to transfer and transfers this action to the District of Colorado. The Court vacates all existing deadlines in the matter pending assignment of this matter to a Judge of that District. The Clerk of Court is directed to serve a copy of this Order on the Clerk for the District of Colorado, and to close the file. Original file, certified copy of transfer order, and docket sheet sent to District of Colorado. Signed by Judge Michael M. Anello on 8/17/2009. (Attachments: #1 Transfer Letter) (Transfer Package Mailed)(leh) (av1). |
Filing 64 ORDER VACATING Hearing on Motion and Motions submitted: #40 MOTION to Dismiss Plaintiffs' Complaint for failure to state a claim upon which relief can be granted or in the alternative, Motion for a more definite statement under F.R.C.P. 12(e); MOTION to Dismiss Plaintiffs' Complaint for failure to state a claim upon which relief can be granted or in the alternative, Motion for a more definite statement under F.R.C.P. 12(e); #44 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Failure to State a Claim and Uncertainty, #43 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted and Application for Change of Venue on Forum Non Conveniens Grounds, #49 MOTION to Dismiss for Lack of Jurisdiction and Forum Non Conveniens; #47 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted. Pursuant to Civil Local Rule 7.1(d)(1), the Court finds the matters suitable for submission on the papers. Accordingly, the hearing set for May 8, 2009 is hereby VACATED and no appearances are required. Signed by Judge Michael M. Anello on 5/4/2009. (All non-registered users served via U.S. Mail Service).(af) |
Filing 63 REPLY to Response to Motion re #47 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted in Plaintiffs' First Amended Complaint filed by SunTrust Mortgage, Inc.. (Attachments: #1 Proof of Service)(Kemp, Erik) (leh). |
Filing 62 REPLY to Response to Motion re #49 MOTION to Dismiss for Lack of Jurisdiction and Forum Non Conveniens; Declarations of David Martin and Michael Boring REPLY BY DEFENDANTS LITTLE RIVER RANCH, LLC, LAND PROPERTIES, INC., AND DAVID MARTIN IN SUPPORT OF MOTION TO DISMISS FOR (1) LACK OF PERSONAL JURISDICTION AND (2) FORUM NON CONVENIENS filed by Land Properties, Inc., Little River Ranch, LLC. (Attachments: #1 Proof of Service)(Kim, Raymond) (leh). |
Filing 61 Clerk's ENTRY OF DEFAULT as to Scott McDowell. (jah) (jrl). |
Filing 60 Clerk's ENTRY OF DEFAULT as to Wallace Darling. (jah) (jrl). |
Filing 59 Request for Entry of Clerk Default against Scott McDowell. (Attachments: #1 Affidavit, #2 Proof of Service)(Alfred, Michael). Modified on 5/1/2009 - Clerk's Default prepared (jah). |
Filing 58 Request for Entry of Clerk Default against Wallace Darling. (Attachments: #1 Affidavit, #2 Proof of Service)(Alfred, Michael). Modified on 5/1/2009 - Clerk's Default prepared (jah). |
Filing 57 REPLY to Response to Motion re #44 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Failure to State a Claim and Uncertainty filed by Central Colorado Title Company. (Attachments: #1 Proof of Service)(Wessel, Darin) (tkl). |
Filing 56 CERTIFICATE OF SERVICE by Assurity Financial Services, LLC re #55 Reply to Response to Motion, (Isbell, Stephen) Modified on 4/30/2009, atty contacted re: doc should have been filed as attachment to reply (leh). |
Filing 55 REPLY to Response to Motion re #43 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted and Application for Change of Venue on Forum Non Conveniens Grounds filed by Assurity Financial Services, LLC. (Isbell, Stephen) (leh). |
Filing 54 CERTIFICATE OF SERVICE by National City Mortgage Co. re #53 Reply - Other of National City Mortgage to Plaintiffs' Opposition to Motion to Dismiss = (Chute, David)(leh). |
Filing 53 REPLY to Response to Motion re #52 Response in Opposition to Motion,to Dismiss filed by National City Mortgage Co.. (Chute, David) Modified on 4/29/2009 to edit text (leh). |
Filing 52 RESPONSE to Motion re #40 MOTION to Dismiss Plaintiffs' Complaint for failure to state a claim upon which relief can be granted or in the alternative, Motion for a more definite statement under F.R.C.P. 12(e); Memorandum of Points and Authorities in support thereof MOTION to Dismiss Plaintiffs' Complaint for failure to state a claim upon which relief can be granted or in the alternative, Motion for a more definite statement under F.R.C.P. 12(e); Memorandum of Points and Authorities in support thereof, #44 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Failure to State a Claim and Uncertainty, #43 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted and Application for Change of Venue on Forum Non Conveniens Grounds, #49 MOTION to Dismiss for Lack of Jurisdiction and Forum Non Conveniens; Declarations of David Martin and Michael Boring, #47 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted filed by Ryan Archer, Heather Archer. (Attachments: #1 Supplement Part 2 of Opposition to Motion, #2 Supplement Part 3 to Opposition to Motion, #3 Supplement Part 4 fo Opposition to Motion, #4 Proof of Service Certificate of Service)(Alfred, Michael) (leh). |
Filing 51 ORDER granting #50 Joint Motion to Change Hearing Date and for an Extension of Time to File Response to Motions to Dismiss re #40 , #43 , #44 , #47 , #49 . It is hereby ordered that the March 13, 2009 motion hearing on Defendants' Motions be continued to May 8, 2009 at 2:30 PM in Courtroom 5. It is further ordered that Plaintiffs' deadline to Respond to the Motions is extended to 4/20/2009. Signed by Judge Michael M. Anello on 2/20/2009. (leh)(jrl). |
Filing 50 Joint MOTION for Extension of Time to File Response/Reply to Motions to Dismiss Filed by Defendants by Ryan Archer. (Alfred, Michael) (leh). |
Filing 49 MOTION to Dismiss for Lack of Jurisdiction and Forum Non Conveniens; Declarations of David Martin and Michael Boring by Land Properties, Inc., Little River Ranch, LLC. (Attachments: #1 Proof of Service)(Belfield, George) (leh). |
Filing 48 SUMMONS Returned Executed by Ryan Archer. Wallace Darling served on 2/11/2009, answer due 3/3/2009. (Alfred, Michael)(leh). |
Filing 47 MOTION to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted by SunTrust Mortgage, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A-E to Request for Judicial Notice, #4 Proof of Service)(Kemp, Erik) (leh). |
Filing 46 Amended Certificate of Service as to #40 Motion to Dismiss Plaintiffs' Complaint by Assurity Financial Services, LLC. (Isbell, Stephen) Modified on 1/28/2009 to edit text; motion termed (leh). |
Filing 45 ORDER granting #42 Joint Motion for Extension of Time to Respond to Plaintiffs' Complaint. It is hereby ordered that SunTrust's deadline to answer, move or otherwise respond to plaintiffs' complaint in this matter is extended from 1/26/2009 to 2/9/2009. Signed by Judge Michael M. Anello on 1/26/2009. (leh) |
Filing 44 MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, Failure to State a Claim and Uncertainty by Central Colorado Title Company. (Attachments: #1 Memo of Points and Authorities in Support of CCT&E's Motion to Dismiss, #2 Declaration of Erika Banghart (with Exh. A), #3 Declaration of Darin L. Wessel (with Exh. B and C), #4 Proof of Service)(Wessel, Darin) (leh). |
Filing 43 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted and Application for Change of Venue on Forum Non Conveniens Grounds by Assurity Financial Services, LLC. (Attachments: #1 Declaration, #2 Proof of Service)(Isbell, Stephen) (leh). |
Filing 42 Joint MOTION for Extension of Time to File Response/Reply to Plaintiffs' Complaint by SunTrust Mortgage, Inc.. (Attachments: #1 Proof of Service)(Kemp, Erik) (leh). |
Filing 41 NOTICE of Party With Financial Interest by National City Mortgage Co. Certification and Notice of Interested Parties (Attachments: #1 Proof of Service)(Chute, David) (leh). |
Filing 40 MOTION to Dismiss Plaintiffs' Complaint for failure to state a claim upon which relief can be granted or in the alternative, Motion for a more definite statement under F.R.C.P. 12(e); Memorandum of Points and Authorities in support thereof by National City Mortgage Co.. (Attachments: #1 Proof of Service)(Chute, David) (leh). |
Filing 39 Summons on First Amended Complaint Issued as to Wallace Darling, Lakewood Hills Investments, LLC, Universal Real Estate Investments Corp., Land Properties, Inc., Little River Ranch, LLC, Michael Boring, Central Colorado Title Company, Scott McDowell, Assurity Financial Services, LLC, SunTrust Mortgage, Inc., National City Mortgage Co., QuadStar Mortgage. (cap) (kaj). |
Filing 38 NOTICE of Change of Address by Michael A Alfred (Alfred, Michael) (leh). |
Filing 37 CERTIFICATE OF SERVICE by Ryan Archer re: #34 , #35 (Alfred, Michael) Modified on 1/14/2009 to link to appropriate documents (leh). |
Filing 36 CERTIFICATE OF SERVICE by Ryan Archer Assurity Financial Services re: #34 , #35 (Alfred, Michael) (leh). |
Filing 35 DECLARATION In Support of First Amended Complaint by Plaintiff Ryan Archer re #34 First Amended Complaint, (Alfred, Michael) Modified on 1/14/2009 to edit text(leh). |
Filing 34 FIRST AMENDED COMPLAINT with Jury Demand against all defendants, filed by Heather Archer. (Attachments: #1 Declaration Plaintiffs' Declaration In Support of First Amended Complaint, #2 Affidavit Certificate of Service)(Alfred, Michael) Modified on 1/13/2009, atty contacted via email re: s/ signature (leh). |
Filing 33 E-FILED IN ERROR: AMENDED COMPLAINT First Amended Complaint against all defendants, filed by Heather Archer.(Alfred, Michael) Modified on 1/13/2009, Document filed with errors, See Doc. #34 For First Amended Complaint (leh). |
Filing 32 ORDER Following November 19, 2008 Status Conference: Plaintiff's Request Leave to Amend the Complaint - Granted. The Court Grants Plaintiff's Leave to Amend. The Amended Complaint shall be filed on or before 1/9/2009. Accordingly, the Court finds the Motions to Dismiss as Moot re: #12 , #13 , #20 . In light of the Court's orders herein, the Motions for Extension of Time to File Answers to the Complaint are Denied as Moot re: #22 , #28 . Signed by Judge Michael M. Anello on 11/19/2008. (leh) |
Filing 31 Minute Entry for proceedings held before Judge Michael M. Anello:Status Conference re Status of the case. held on 11/19/2008(Plaintiff Attorney Micahel A. Alfred).(Defendant Attorney Mark D. Stavros, David M. Chute, George M. Belfied, Chaise R. Bivin).(af) |
Filing 30 NOTICE OF HEARING: Pursuant to the recent transfer of this case to District Judge Anello, the Court finding good cause, an in person a Status Conference is hereby set for 11/19/2008 10:00 AM in Chambers before District Judge Michael M. Anello. Lead trial counsel for each party shall attend. In the event lead trial counsel is not available, an attorney fully acquainted with the case may be designated to attend the conference. The conference shall he held in chambers, and shall be informal and off the record. Counsel shall be prepared to advise the Court regarding the nature and status of the case. In the event an attorney is not able to attend in person, upon a showing of good cause the Court shall allow them to appear telephonically. If appearing telephonically counsel shall contact the Court 24 hours prior to the status conference at: (619)557-5960. It So Ordered. (ibf) |
Filing 29 ORDER Setting Hearing on Motions: Pending before the Court in this matter are motions to dismiss filed by Defendants Boring, Land Properties Inc., Little River Ranch LLC, Central Colorado Title Company, and Sun Trust Mortgage Inc. #12 #13 #20 . The motions were previously scheduled for hearing on December 12, 2008, however this date has been vacated subsequent to the transfer of this case to presiding District Judge Anello. Accordingly, all three pending motions to dismiss shall be heard on January 23, 2009 at 2:30 p.m. in Courtroom 05 before Judge Michael M. Anello. (amk) |
Filing 28 JOINT MOTION for Extension of Time to File Answer 12/5/08 by Ryan Archer in re: Assurity Financial Services. (Alfred, Michael) Modified on 11/7/2008, to edit text (leh). |
Filing 26 NOTICE of Voluntary Dismissal as to Defendant Indymac Bank by Ryan Archer (Alfred, Michael) Modified on 11/7/2008, to edit text. Atty contacted via email re: s/ signature (leh). |
Filing 27 NOTICE: Pursuant to Order of Transfer of Cases #25 the motion hearings scheduled before Judge Jeffrey T. Miller on November 21, 2008 and December 12, 2008 are vacated. Motion hearing dates will be reset by Judge Michael M. Anello. (nsp) |
Filing 25 Order transferring case to Judge Michael M. Anello. Judge Jeffrey T. Miller no longer assigned to case. New case number is 08cv1451-MMA(RBB). Signed by Judge Jeffrey T. Miller on 10/30/08. (mam) |
Filing 24 CERTIFICATE OF SERVICE by National City Mortgage Co. re #22 Joint MOTION for Extension of Time to File Answer re #1 Complaint,, #23 MOTION for Order Granting Extension of Time to Respond to Complaint (Chute, David) (leh). |
Filing 23 E-FILED IN ERROR: MOTION for Order Granting Extension of Time to Respond to Complaint by National City Mortgage Co.. (Chute, David) Modified on 11/7/2008, atty contacted via email re: proposed orders never to be efiled; motion termed (leh). |
Filing 22 Joint MOTION for Extension of Time to File Answer re #1 Complaint, by National City Mortgage Co.. (Chute, David) Modified on 11/7/2008, Attorney Contacted via email re: s/ signature, document need not be refiled (leh). |
Filing 21 NOTICE of Party With Financial Interest by SunTrust Mortgage, Inc. (Attachments: #1 Proof of Service)(Kemp, Erik) (tkl). |
Filing 20 MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted by SunTrust Mortgage, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit Exhibits A-D of RJN, #4 Affidavit Certificate of Service)(Kemp, Erik) (tkl). |
Filing 19 WAIVER OF SERVICE Returned Executed by Ryan Archer. SunTrust Mortgage, Inc. waiver sent on 8/15/2008, answer due 10/14/2008. (Attachments: #1 Proof of Service Declaration of Service)(Alfred, Michael) (tkl). |
Filing 18 SUMMONS and complaint Returned Executed on 8/27/08; nunc pro tunc 10/9/08 (tkl) |
Filing 17 Discrepancy Order accepting document: proof of service from Plaintiffs Ryan Archer, et al, non-compliance with local rule 5.4. Signed by the Chambers of Judge Jeffrey T. Miller on 10/16/08. (tkl) |
Filing 16 ORDER granting #11 joint Motion for Extension of Time to respond to complaint.Sun Trusts deadline to answer is extended to 10/29/08. Signed by Judge Jeffrey T. Miller on 10/16/08. (tkl) |
Filing 15 DECLARATION re #13 MOTION to Dismiss for Lack of Jurisdiction (Transfer Venue and for More Definite Statement) of Darin L. Wessel and Exhibits B and C by Defendant Central Colorado Title Company. (Wessel, Darin) |
Filing 14 DECLARATION re #13 MOTION to Dismiss for Lack of Jurisdiction (Transfer Venue and for More Definite Statement) of Arika Banghart and Exhibit A by Defendant Central Colorado Title Company. (Wessel, Darin) (tkl). Emailed atty. This should be efiled as an attachment to the motion. |
Filing 13 MOTION to Dismiss for Lack of Jurisdiction (Transfer Venue and for More Definite Statement) by Central Colorado Title Company. (Wessel, Darin) Modified on 10/20/2008 (tkl). Emailed atty re S/ on proof of service and mem of p/a should be efiled as an attachment to the motion. |
Filing 12 MOTION to Dismiss for Lack of Jurisdiction and Forum Non Conveniens; Declarations In Support Thereof by Land Properties, Inc., Little River Ranch, LLC, Michael Boring. (Belfield, George) Modified on 10/20/2008 (tkl). Emailed atty re S/ on proof of service. |
Filing 11 Joint MOTION for Extension of Time to File Response/Reply For An Extension of Time To Respond To Plaintiffs' Complaint by SunTrust Mortgage, Inc.. (Kemp, Erik) (tkl). |
Filing 10 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re #8 Waiver of Service Executed, #6 Waiver of Service Executed, #7 Waiver of Service Executed, #9 Waiver of Service Executed (All non-registered users served via U.S. Mail Service).(tkl) |
Filing 9 WAIVER OF SERVICE Returned Executed by Ryan Archer, et al. Assurity Financial Services, LLC waiver sent on 9/30/2008, answer due 12/1/2008. (tkl) |
Filing 8 WAIVER OF SERVICE Returned Executed by Ryan Archer et al. Scott McDowell waiver sent on 9/22/2008, answer due 11/21/2008, nunc pro tunc 10/2/08 (tkl) |
Filing 7 WAIVER OF SERVICE Returned Executed by Ryan Archer, et al. Little River Ranch, LLC waiver sent on 9/16/2008, answer due 11/17/2008. (tkl) |
Filing 6 WAIVER OF SERVICE Returned Executed by Ryan Archer, et al. National City Mortgage Co. waiver sent on 9/8/2008, answer due 11/7/2008. (tkl) |
Filing 5 Discrepancy Order accepting document: Waiver of Service of Summons from Plaintiff Ryan Archer, et al non-compliance with local rule other: missing original signatures. Signed by the Chambers of Judge Jeffrey T. Miller on 10/3/08. (All non-registered users served via U.S. Mail Service).(tkl) |
Filing 4 Minute Entry. Magistrate Judge Barbara Lynn Major recuses herself in this case. Magistrate Judge Ruben B. Brooks added. Magistrate Judge Barbara Lynn Major no longer assigned to case. (cmh) |
Filing 3 Minute Order. Judge Napoleon A. Jones, Jr recuses from this case and requests another district judge be assigned. Judge Jeffrey T. Miller randomly assigned. New case number 08cv1451 JM(BLM). (jcj) |
Filing 2 Summons Issued as to Wallace Darling, Lakewood Hills Investments, LLC, Universal Real Estate Investments Corp., Land Properties, Inc., Little River Ranch, LLC, Michael Boring, Central Colorado Title Company, Scott McDowell, Assurity Financial Services, LLC, SunTrust Mortgage, Inc., National City Mortgage Co., QuadStar Mortgage, DOES, Indymac Bank. (cge) |
Filing 1 COMPLAINT with Jury Demand against all defendants ( Filing fee $ 350 receipt number 153851.), filed by David Hanna, Colleen Hanna, Daniel Hogan, Diane Hogan, Susan Kilman, Ryan Archer, Pat Mihalik, Larry Nelson, Annette Nelson, Larry Scott, Lynn Scott, William Shanahan, Lise Shanahan, Donna Wolosin, James Wolosin, Heather Archer, Dr. Craig Chan, Herb Gullingsrud, Carol Gullingsrud.(cge) |
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