Franco v. Bank Of America
| Juan Franco |
| Bank Of America |
| 3:2009cv01364 |
| June 24, 2009 |
| US District Court for the Southern District of California |
| San Diego Office |
| Los Angeles |
| Larry Alan Burns |
| Barbara Lynn Major |
| Labor: Fair Standards |
| 28 U.S.C. § 1331 |
| Defendant |
Docket Report
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| Filing 45 Transfer Letter Received from District of Kansas. Case number in other court is 2:10cv2217 (jcj) |
| Filing 44 Case transferred to District of Kansas. Files transferred electronically to: *District of District of Kansas*.*500 State Avenue**Kansas City, KS 66101* (kaj) (Additional attachment(s) added on 4/19/2010: #1 Transfer Order) (kaj). |
| Filing 43 NOTICE of MDL Filing: Plaintiff Leilani Del Rosario's Notice of Additional Action t/w Proof of Service (kaj) |
| Filing 42 NOTICE of MDL Filing: Notice of Presentation or Waiver of Oral Argument (kaj) |
| Filing 41 NOTICE of MDL Filing: Notice of Presentation or Waiver of Oral Argument (kaj) |
| Filing 40 NOTICE of MDL Filing: Notice of Hearing Session; Hearing set for March 25, 2010 at the Edward J. Schwartz U.S. Courthouse, Ceremonial Courtroom No. 1, 4th Floor, 940 Front Street, San Diego, CA 92101; In those matters for oral argument, counsel presenting oral argument must be present at 8:30am in order for the Panel to allocate the amount of time for oral argument; Oral argument will commence at 9:30am (kaj) |
Filing 39
ORDER Granting #30 Motion to Stay: This matter, and all proceeding associated therewith are hereby stayed pending the Judicial Panel on Multidistrict Litigation's decision regarding Bank of America's pending MDL Application and Motion for Transfer. The hearing on this matter scheduled for March 8, 2010 is hereby vacated. No appearances will be required on that date in this matter. Signed by Judge Larry Alan Burns on 1/28/10. (pdc) (jrl).
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| Filing 38 NON Opposition re #30 MOTION to Stay In Light of MDL Application filed by Juan Franco. (Bhowmik, Aparajit) Modified to correct link (pdc). |
| Filing 37 NOTICE of MDL Filing: Plaintiffs Brawner, Hamilton, Hardiman, Hernandez, Rush, Masourian, Miller, Schreiber and Gordillo's Rule 7.1(b) Response to Defendants Bank of America Corporation and Bank of America, N.A.'s Motion for Transfer and Consolidation Pursuant to 28 U.S.C. 1407 (Attachments: #1 Plaintiffs Brawner, Hamilton, Hardiman, Hernandez, Rush, Masourian, Miller, Schreiber and Gordillo's Joint Response to Defendants Bank of America Corporation and Bank of America, N.A.'s Motion for Transfer and Consolidation Pursuant to 28 U.S.C. 1407, #2 Certificate of Service)(kaj) |
| Filing 36 NOTICE of MDL Filing: Brief in Opposition to Bank of America Corporation and Bank of America, N.A.'s Motion to Transfer Pursuant to 28 U.S.C. 1407 Regarding Carrero and Blasio, M.D. Fla. 6:09-cv-00862-MSS-DAB t/w Certificate of Service (kaj) |
| Filing 35 NOTICE of MDL Filing: Plaintiff Juan Franco's Response to Defendants Bank of America Corporation and Bank of America, N.A.'s Motion for Transfer and Consolidation Pursuant to 28 U.S.C. 1407 (kaj) |
| Filing 34 NOTICE of MDL Filing: Virginia Kauffman, Judy Chang and Rose Pacheco's Response to Bank of America Corporation's and Bank of America, N.A.'s Motion for Transfer of Actions to the Central District of California Pursuant to 28. U.S.C. 1407 for Coordinated Pretrial Proceedings (Attachments: #1 Virginia Kauffman, Judy Chang and Rose Pacheco's Brief in Response to Bank of America Corporation's and Bank of America, N.A.'s Motion for Transfer of Actions to the Central District of California Pursuant to 28. U.S.C. 1407 for Coordinated Pretrial Proceedings, #2 Declaration of Ryan L. Hicks, #3 Proof of Service)(kaj) |
| Filing 33 NOTICE of MDL Filing: Plaintiff John Paulino's Response to Defendants Bank of America Corporation and Bank of America, N.A.'s Motion for Transfer and Consolidation Pursuant to 28 U.S.C. 1407 (Attachments: #1 Declaration of Louis Benowitz, #2 Certificate of Service)(kaj) |
| Filing 32 NOTICE of MDL Filing: Opposition to Bank of America Corporation and Bank of America, N.A.'s Motion to Transfer Pursuant to 28 U.S.C. 1407 (Attachments: #1 Certificate of Service)(kaj) |
| Filing 30 MOTION to Stay re #28 MOTION to Stay, #29 Notice of MDL Filing, by Bank Of America. (Attachments: #1 Memo of Points and Authorities Signed)(Walker, Michelle) (pdc). |
| Filing 31 NOTICE of MDL Filing: Revised Schedule of Action in Support of Bank of America Corporation's and Bank of America, N.A.'s Motion for Transfer of Actions to the Central District of California Pursuant to 28 U.S.C. 1407 for Coordinated Pretrial Proceedings (Attachments: #1 Revised Proof of Service)(kaj) |
| Filing 29 NOTICE of MDL Filing: Bank of America Corporation's and Bank of America, N.A.'s Motion for Transfer of Actions to the Central District of California Pursuant to 28 U.S.C. 1407 for Coordinated Pretrial Proceedings and Schedule of Actions (Attachments: #1 Brief, #2 Exhibits (pt 1), #3 Exhibits (pt 2), #4 Corporate Disclosure Statement, #5 Notice of Appearance, #6 Proof of Service)(kaj) |
| Filing 28 MOTION to Stay In Light of MDL Application by Bank Of America. (Attachments: #1 Memo of Points and Authorities)(Walker, Michelle) Atty contacted re refiling documents. Motion unsigned (pdc). Modified to term motion. See #30 for refiled Motion (pdc) |
| Filing 27 ANSWER to #25 First Amended Complaint and Demand for Jury Trial by Bank Of America.(Walker, Michelle)(pdc). |
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Filing 26
ORDER Granting in Part and Denying in Part Plaintiff's #20 Motion to Compel Production of Contact Information of Putative Class. Signed by Magistrate Judge Barbara Lynn Major on 12/1/09. (pdc)(jrl).
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| Filing 25 FIRST AMENDED COMPLAINT with Jury Demand against Juan Franco, filed by Juan Franco. (Attachments: #1 Proof of Service)(Blumenthal, Norman) Modified to indicate 'First' (pdc). |
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Filing 24
ORDER Granting In Part #21 Joint Motion for Leave to File Amended Complaint: Leave to amend the complaint is granted. The request to extend the time in which to answer or otherwise respond is denied. Signed by Judge Larry Alan Burns on 11/16/09. (pdc) (jrl).
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| Filing 23 RESPONSE in Opposition to #20 MOTION to Compel Production of Contact Information of Putative Class Members filed by Bank Of America. (Attachments: #1 Declaration Declaration of Lori McCarthy Lopez, #2 Declaration Declaration of Rai A. Otero, #3 Declaration Declaration of Michelle R. Walker, #4 Exhibit Evidentiary Objections, #5 Proof of Service)(Walker, Michelle) (pdc). |
| Filing 21 Joint MOTION for Leave to File an Amended Complaint by Bank Of America, Juan Franco. (Bhowmik, Aparajit) (pdc). |
| Filing 20 MOTION to Compel Production of Contact Information of Putative Class Members by Juan Franco. (Attachments: #1 Memo of Points and Authorities in Support of Motion, #2 Declaration of Juan Franco in Support of Motion, #3 Declaration of Aparajit Bhowmik in Support of Motion, #4 Proof of Service)(Bhowmik, Aparajit) (pdc). |
| Filing 22 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Case Management Conference held on 10/30/2009. Order to follow.(Tape #n/a). (Plaintiff Attorney Aparajit Bhowmik). (Defendant Attorney Michelle Walker). (mnb) |
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Filing 19
ORDER Setting Briefing Schedule for Motion Regarding Bellaire Notice: The parties are ordered to file briefs addressing this issue and providing factual and legal support for their position. Plaintiff's motion must be filed on or before November 4, 2009 and Defendant's opposition must be filed on or before November 9, 2009. Upon completion of the briefing, the Court will take the matter under submission. Signed by Magistrate Judge Barbara Lynn Major on 10/30/09. (pdc) (jrl).
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Filing 18
Protective Order. Signed by Magistrate Judge Barbara Lynn Major on 10/20/09. (pdc) (jrl).
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| Filing 17 Joint MOTION for Protective Order by Bank Of America, Juan Franco. (Walker, Michelle) (pdc). |
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Filing 15
Case Management Conference Order Regulating Discovery and Other Pretrial Proceedings: A telephonic Case Management Conference was held on September 25, 2009. A Mandatory Settlement Conference shall be conducted on July 19, 2010 at 9:30 a.m. in the chambers of Magistrate Judge Barbara L. Major. The final Pretrial Conference is scheduled on the calendar of the Honorable Larry A. Burns on February 28, 2011 at 11:45 a.m. Signed by Magistrate Judge Barbara Lynn Major on 9/28/09. (pdc) (kaj).
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| Filing 16 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Case Management Conference held on 9/25/2009. Order to follow.(Tape #n/a). (Plaintiff Attorney AJ Bhowmik). (Defendant Attorney Michelle Walker). (mnb) |
| Filing 14 Minute Entry for proceedings held before Magistrate Judge Barbara Lynn Major: (T)Early Neutral Evaluation Conference held on 8/27/2009. Case did not settle Order to follow.(Tape #N/A). (Plaintiff Attorney AJ Bhowmik). (Defendant Attorney Michelle Walker). (mnb) |
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Filing 13
ORDER Following Early Neutral Evaluation Conference, Setting Rule 26 Compliance and Notice of Case Management Conference: On August 27, 2009, the Court convened an Early Neutral Evaluation Conference. A telephonic Case Management Conference shall be held on September 25, 2009 at 9:15 a.m. with the chambers of Magistrate Judge Major. Signed by Magistrate Judge Barbara Lynn Major on 8/27/09. (pdc) (jrl).
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| Filing 12 NOTICE of Appearance by Michelle Renee Walker on behalf of Bank Of America (Walker, Michelle) (pdc). |
| Filing 11 NOTICE of Appearance by Sylvia Jihae Kim on behalf of Bank Of America (Kim, Sylvia) (pdc). |
| Filing 10 NOTICE of Appearance by Bethany A. Pelliconi on behalf of Bank Of America (Pelliconi, Bethany) (pdc). |
| Filing 9 CERTIFICATE OF SERVICE by Bank Of America re #8 Jury Demand (Kane, Matthew) (pdc). |
| Filing 8 DEMAND for Trial by Jury by Bank Of America. (Kane, Matthew) Atty contacted re pos (pdc). |
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Filing 7
NOTICE and ORDER Setting Early Neutral Evaluation Conference: An attorneys-only Early Neutral Evaluation will be held on August 27, 2009 at 1:30 p.m. Signed by Magistrate Judge Barbara Lynn Major on 7/30/09. (pdc) (jrl).
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Filing 6
MINUTE ORDER: Magistrate Judge Ruben B. Brooks recuses himself from this case. This case is reassigned to Magistrate Judge Barbara L. Major. The new case number is 09cv1364 LAB(BLM). Signed by Magistrate Judge Ruben B. Brooks on 7/28/09. (pdc) (jrl).
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| Filing 5 CERTIFICATE OF SERVICE by Bank Of America re #4 Answer to Complaint (Kane, Matthew) (pdc). |
| Filing 4 ANSWER to #1 Complaint by Bank Of America.(Kane, Matthew) Atty contacted re pos (pdc). |
| Filing 3 Minute Entry: It is hereby ordered that Judge Louisa Porter hereby recuses from this case. Magistrate Judge Ruben B. Brooks randomly assigned. The new case number is 09cv1364 LAB(RBB)(pdc) (jrl). |
| Filing 2 Summons Issued as to Bank Of America. (pdc) |
| Filing 1 COMPLAINT with Jury Demand against Bank Of America ( Filing fee $ 350 receipt number CAS2301.), filed by Juan Franco.(jer)(kaj). |
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