Dolan et al v. Fairbanks Capital Corporation
| Mr. Michael T. Dolan and Mrs. Donna M. Dolan |
| Thomas D. Basmajian, Fairbanks Capital Corporation, PMI Mortgage Insurance Company, Walnut Creek, CA and Fairbanks Capital Holding Corporation |
| 2:2003cv03285 |
| July 7, 2003 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Pamela K Chen |
| A Kathleen Tomlinson |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| Both |
Docket Report
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| Filing 505 AMENDED CLERK'S JUDGMENT: The Court has ordered that all federal claims (including res judicata and the claims brought under the Real Estate Settlement Procedures Act), are dismissed on the merits with prejudice, and each party shall bear its own costs. The state law claim (under N.Y. Gen. Bus. Law 349) is dismissed without prejudice and with leave to renew in state court. Ordered by Deputy Clerk for Clerk of Court on 1/10/2020. (Abdallah, Fida) |
| Filing 504 MANDATE of USCA as to #481 Notice of Appeal filed by Michael T. Dolan. It is Ordered the we AFFIRM the judgment of the District Court, VACATE the District Court's dismissal of Dolans N.Y. Gen. Bus. Law 349 claim, and REMAND to the District Court with instructions to dismiss that claim without prejudice. See document for further details. Issued as Mandate: 12/30/19. USCA #16-3879 (McGee, Mary Ann) |
Filing 503
ORDER of USCA as to #481 Notice of Appeal filed by Michael T. Dolan. It is Ordered that we AFFIRM the judgment of the District Court, VACATE the District Court's dismissal of Dolans N.Y. Gen. Bus. Law 349 claim, and REMAND to the District Court with instructions to dismiss that claim without prejudice. See document for further details. Certified Copy Issued: 12/6/19. USCA:16-3879. Please Note that the USCA Mandate has not yet been issued. (McGee, Mary Ann)
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| Filing 502 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/07/2016, before Judge Chen. Court Reporter/Transcriber Anthony Mancuso, Telephone number 718-613-2419. Email address: anthonymancuso65@msn.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/20/2018. Redacted Transcript Deadline set for 3/2/2018. Release of Transcript Restriction set for 4/30/2018. (Mancuso, Anthony) |
| Filing 501 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/06/2016, before Judge Chen. Court Reporter/Transcriber Anthony Mancuso, Telephone number 718-613-2419. Email address: anthonymancuso65@msn.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/20/2018. Redacted Transcript Deadline set for 3/2/2018. Release of Transcript Restriction set for 4/30/2018. (Mancuso, Anthony) |
| Filing 500 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/05/2016, before Judge Chen. Court Reporter/Transcriber Anthony Mancuso, Telephone number 718-613-2419. Email address: anthonymancuso65@msn.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/20/2018. Redacted Transcript Deadline set for 3/2/2018. Release of Transcript Restriction set for 4/30/2018. (Mancuso, Anthony) |
| First Supplemental Electronic Index to Record on Appeal sent to US Court of Appeals #499 Receipt for Notice of Appeal. (McGee, Mary Ann) |
| Filing 499 USCA Appeal Fees received $ 505.00 receipt number NYEC024083 re #481 Notice of Appeal filed by Michael T. Dolan (McGee, Mary Ann) |
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Filing 498
ORDER of USCA as to #481 Notice of Appeal filed by Michael T. Dolan. By order dated January 4, 2017, the Court granted Appellant's motion to hold this appeal in abeyance pending the District Court's determination of his motion for reconsideration. The District Court denied the motion for reconsideration on September 29, 2017. IT IS HEREBY ORDERED that this appeal is lifted out of abeyance. Within 14 days of the date of this order, Appellant must file Form D-P and his Acknowledgment and Notice of Appearance Form. Certified Copy Issued: 10/18/17. USCA #16-3879. (McGee, Mary Ann)
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Filing 497
ORDER denying #487 Motion for Reconsideration. For the reasons set forth in the attached Memorandum and Order, Plaintiff's motion for judgment as a matter of law pursuant to Rule 50(b), relief from judgment pursuant to Rule 60(b), or a new trial pursuant to Rule 59(a) is denied in its entirety. Ordered by Judge Pamela K. Chen on 9/29/2017. (Fletcher, Camille)
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ORDER. In response to Plaintiff's submission Dkt. #496 , filed on July 12, 2017, seeking to restore his RESPA claims based on "new law", the Court advises him that it considered and rejected almost a year ago the same argument he makes based on Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016). See Dkt. #437 . Therefore, the Court will not consider this argument as part of Plaintiff's pending Motion for Reconsideration "to set aside the verdict" in this case Dkt. #487 , and the defense need not respond to Plaintiff's latest filing. Ordered by Judge Pamela K. Chen on 7/18/2017. (Fletcher, Camille)
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| Filing 496 Plaintiff's "request for Restoration of the RESPA Sections 2605(b) and 2605(c) claims based on 2nd Circuit New Law" filed by Michael T. Dolan (Basnight, Jasmine) |
| Filing 495 Letter in Response to Plaintiff's 5/23/17 Letter by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 494 AFFIDAVIT in Support re #487 MOTION for Reconsideration "to set aside the verdict" by Michael T. Dolan. (Attachments: #1 Proof of Service) (Basnight, Jasmine) |
| Filing 493 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 13, 2016, before Judge Chen. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/23/2017. Redacted Transcript Deadline set for 4/3/2017. Release of Transcript Restriction set for 5/31/2017. (Heading, Charleane) |
| Filing 492 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on October 11, 2016, before Judge Chen. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 3/23/2017. Redacted Transcript Deadline set for 4/3/2017. Release of Transcript Restriction set for 5/31/2017. (Heading, Charleane) |
| Filing 491 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 28, 2016, before Judge Pamela K. Chen. Court Reporter/Transcriber Linda Danelczyk, Telephone number 718-613-2330. Email address: Linda_Danelczyk@nyed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/28/2017. Redacted Transcript Deadline set for 3/10/2017. Release of Transcript Restriction set for 5/8/2017. (Danelczyk, Linda) |
| Filing 489 AFFIDAVIT/DECLARATION in Opposition re #487 MOTION for Reconsideration "to set aside the verdict" filed by Fairbanks Capital Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Memorandum in Opposition, #5 Certificate of Service) (Kramer, Steven) |
| Filing 490 PLAINTIFF'S REPLY to Defendant's #489 Opposition and in Further Support of Plaintiff's #487 Motion for Reconsideration filed by Michael T. Dolan. (Lee, Tiffeny) |
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Filing 488
ORDER of USCA as to #481 Notice of Appeal filed by Michael T. Dolan. Appellant, pro se, filed a motion to hold the appeal in abeyance pending decision on his motion for reconsideration in the District Court. IT IS HEREBY ORDERED that the motion is GRANTED. Certified Copy Issued: 1/4/17. USCA #16-3879 (McGee, Mary Ann)
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ORDER: The Court denies Plaintiff's motion for clarification, for the reasons stated in the Court's 12/5/2016 Order. Plaintiff is further directed not to file any more submissions on the issue of SPS having lied about being a party in the State court proceeding. Ordered by Judge Pamela K. Chen on 12/30/2016. (Gregorio, Heather)
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| Filing 487 MOTION for Reconsideration "to set aside the verdict" by Michael T. Dolan. (Attachments: #1 Exhibits, #2 Proof of Service) (Basnight, Jasmine) |
| Filing 486 "Memorandum of Law for a Clarification of the Order dated 12/5/2016" filed by Michael T. Dolan (Attachments: #1 Exhibits, #2 Proof of Service) (Basnight, Jasmine) |
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ORDER: The Court construes Plaintiff's #485 Motion as a motion for reconsideration of the Court's denial of IFP status. Because Plaintiff has not raised any new arguments or presented facts to the Court that would change its previous decision, the motion for reconsideration is Denied. Ordered by Judge Pamela K. Chen on 12/21/2016. (Gregorio, Heather)
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| Filing 485 Letter MOTION for Leave to Proceed in forma pauperis by Michael T. Dolan. (Attachments: #1 First Motion for IFP, #2 Exhibits, #3 Proof of Service) (Basnight, Jasmine) |
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ORDER: The Court denies Plaintiff's request to impose sanctions on Defendant and its attorneys for allegedly lying to the Court about being a party in the State court action (Dkt. 484). As the Court has previously noted (see, e.g., Pretrial Conference Transcript, 9/29/16 at 23-25), Plaintiff successfully argued, in defeating the defense's summary judgment motion, that Defendant was not a party in the State court action--an assertion that the Court has repeatedly held that he is bound by. Although Plaintiff insisted, on the eve of trial in this matter, that he only made that argument because Defendant had "lied" about not being a party in the State court action, the Court rejected that effort to revisit the issue of claim or issue preclusion because Plaintiff had no excuse for not raising this claim earlier in the almost 13-year history of this case and because all of the facts relevant to this claim have been known to Plaintiff since the filing of this action. Id. At the September 29, 2016 pretrial conference, the Court informed Plaintiff that it would not consider any more arguments related to the State court proceedings. Id. The Court now makes clear that this includes any arguments relating to sanctions against Defendant and its attorneys for alleged lies about SPS being a party in the State court action. The Court reiterates its prior admonitions to Plaintiff on this issue and further advises Plaintiff that to the extent his forthcoming motion for reconsideration raises the same arguments, they will be denied. Ordered by Judge Pamela K. Chen on 12/5/2016. (Gregorio, Heather)
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| Filing 484 MOTION to Compel "Fairbanks and it's Attorneys to be accountable for Sanctions" by Michael T. Dolan. (Basnight, Jasmine) |
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ORDER: The Court grants Plaintiff an extension of time to file a motion for reconsideration to set aside the verdict. Plaintiff's motion is due by December 21, 2016; Defendant's opposition is due by January 20, 2017; and Plaintiff's reply, if any, is due by February 3, 2017. As a courtesy to the Court, the parties are encouraged to not file their motion papers until the motion is fully briefed. If the parties follow this practice, the notice of motion and all supporting papers are to be served on the other parties along with a cover letter setting forth whom the movant represents and the papers being served. Only a copy of the cover letter should be filed electronically, as a letter, not as a motion. On the day the motion is fully briefed, each party shall electronically file its moving papers. Ordered by Judge Pamela K. Chen on 11/23/2016. (Gregorio, Heather)
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ORDER: The Court issues a clarification of its 11/21/16 Order. The Court did not intend to deny Plaintiff in forma pauperis status for purposes of filing his appeal. The Court intended to deny Plaintiff in forma pauperis status in this case for purposes of obtaining a waiver of the transcript fees. If Plaintiff still wishes to file a motion for reconsideration of the Court's denial of in forma pauperis status for the waiver of transcript fees, that motion is due by December 19, 2016, as noted in our previous order, and Defendants' response is due by January 6, 2017. If Plaintiff wishes to seek in forma pauperis status for purposes of filing an appeal, he must file an additional in forma pauperis application for this purpose. The Clerk of Court is respectfully directed to send him another in forma pauperis application. Ordered by Judge Pamela K. Chen on 11/22/2016. (Gregorio, Heather)
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ORDER: The Court issues a clarification of its 11/21/16 Order. The Court did not intend to deny Plaintiff in forma pauperis status for purposes of filing his appeal. The Court intended to deny Plaintiff in forma pauperis status in this case for purposes of obtaining a waiver of the transcript fees. If Plaintiff still wishes to file a motion for reconsideration of the Court's denial of in forma pauperis status for the waiver of transcript fees, that motion is due by December 19, 2016, as noted in our previous order, and Defendant's response is due by January 6, 2017. If Plaintiff wishes to seek in forma pauperis status for purposes of filing an appeal, he must file an additional in forma pauperis application for this purpose. The Clerk of Court is respectfully directed to send him another in forma pauperis application. Ordered by Judge Pamela K. Chen on 11/22/2016. (Abdallah, Fida)
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ORDER: The Court construes Plaintiff's extension requests (Dkt. #480 , #482 ) as requesting more time to submit a motion for reconsideration of the Court's decision denying Plaintiff IFP status for purposes of his pending appeal and to waive the transcript fees for the trial transcript in this matter. (See Dkt. #478 ; 11/02/16 entry.) Contrary to Defendant's response (Dkt. #480 ), the Court has not received any affidavit from Plaintiff containing any substantive argument or suggesting that Plaintiff seeks to file a Rule 59 motion. The Court grants Plaintiff's request to seek reconsideration of the Court's IFP decision, if that was his request, and for no other purpose. That reconsideration motion is due by December 19, 2016, and Defendants' response is due by January 6, 2017. Ordered by Judge Pamela K. Chen on 11/21/2016. (Abdallah, Fida)
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| Filing 480 Letter in response to plaintiff's post-trial motion for an extension of time to file a motion for "reconsideration" by Fairbanks Capital Corporation (Kramer, Steven) |
| Electronic Index to Record on Appeal sent to US Court of Appeals. #481 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (McGee, Mary Ann) |
| Filing 483 AFFIDAVIT in Support re #482 MOTION for Extension of Time to File Motion for Reconsideration filed by Michael T. Dolan. (Basnight, Jasmine) (Main Document 483 replaced on 11/22/2016) (Basnight, Jasmine). |
| Filing 481 NOTICE OF APPEAL as to #475 Clerk's Judgment, by Michael T. Dolan. No fee paid. Service done electronically. (McGee, Mary Ann) |
| Filing 482 MOTION for Extension of Time to File Motion for Reconsideration by Michael T. Dolan. (Basnight, Jasmine) |
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ORDER denying #478 Motion for Leave to Proceed in forma pauperis. Plaintiff's financial form fails to establish that Plaintiff is unable to pay the transcript fees. According to Plaintiff's application, he is receiving two retirement pensions of $8,808 and $8,112. (Dkt. 478 at 1). Additionally, publicly available property value estimates indicate that Plaintiff's home is worth over $500,000 (and Plaintiff states that his mortgage is $220,000). (Dkt. 478 at 2; see also Zillow Estimate for 21 Kent Pl., Smithtown, NY, 11787.) "The purpose of the [IFP statute] is to insure that indigent persons have equal access to the judicial system." Davis v. N.Y.C. Dept of Educ., 10-CV-3812, 2010 WL 3419671, at *1 (E.D.N.Y. Aug. 27, 2010) (internal citations omitted). Plaintiff's IFP application is denied. Ordered by Judge Pamela K. Chen on 11/2/2016. (Gregorio, Heather)
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| Filing 479 Letter in Opposition to Plaintiff's In Forma Pauperis Application by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 478 MOTION for Leave to Proceed in forma pauperis / Request for Waiver of transcript fees by Michael T. Dolan. (Basnight, Jasmine) |
| Filing 477 Letter in Response to Plaintiff's Request for Waiver of Fees by Fairbanks Capital Corporation (Kramer, Steven) |
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ORDER: Plaintiff's #476 request is denied without prejudice. Plaintiff may resubmit his request with supporting documentation such as an in forma pauperis application. The clerk of court is directed to send him an in forma pauperis application. Ordered by Judge Pamela K. Chen on 10/20/2016. (Gregorio, Heather)
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| Filing 476 Letter MOTION for More Definite Statement /Request for Waiver of transcript fees by Michael T. Dolan. (Basnight, Jasmine) |
| Filing 475 CLERK'S JUDGMENT in favor of Fairbanks Capital Corporation against Michael T. Dolan: The Court has ordered that the plaintiff recovers nothing, the action be dismissed on the merits, and each party bear its own costs. This action was tried by a jury with Judge Pamela K. Chen presiding, and the jury has rendered a verdict in favor of defendant. Ordered by Deputy Clerk for Clerk of Court on 10/13/2016. (Abdallah, Fida) |
| Filing 474 Jury Notes marked as court exhibits 3, 4, 5, and 6. (Abdallah, Fida) |
| Filing 473 VERDICT SHEET, marked court exhibit 2. (Abdallah, Fida) |
| Filing 472 Jury Instructions, marked as court exhibit 1. (Abdallah, Fida) |
| Filing 471 Exhibit and Witness List. (Abdallah, Fida) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Jury Trial completed on 10/13/2016. Appearances by Karamvir Dahiya for plaintiff; Steven Kramer and David Mignardi for defendant. Discussions held. Deliberations continued and completed. Exhibits marked. Jury verdict rendered. Jurors excused with thanks of the Court. (Court Reporter Charleane Heading.) (Abdallah, Fida) |
| Filing 469 NOTICE of Appearance by Karamvir Dahiya on behalf of Michael T. Dolan (notification declined or already on case) (Dahiya, Karamvir) |
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Filing 470
Order of Sustenance. Ordered by Judge Pamela K. Chen on 10/11/2016. (Abdallah, Fida)
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| Minute Entry for proceedings held before Judge Pamela K. Chen: Jury Trial held on 10/11/2016. Appearances by Karamvir Dahiya for plaintiff; Steven Kramer and David Mignardi for defendant. Discussion held. Jury trial continued. Summations made. Jurors charged. Exhibits marked and entered into evidence. Deliberations begun and continued to 10/13/2016, at 9:30 a.m. (Court Reporter Charleane Heading.) (Abdallah, Fida) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Jury Trial held on 10/7/2016. Appearances by Karamvir Dahiya for plaintiff; Steven Kramer and David Mignardi for defendant. Discussions held. Trial continued. Witness sworn. Exhibits marked and entered into evidence. Defense rests. Defendant moves for a directed verdict. Arguments heard. For the reasons stated on the record, and because there was insufficient evidence adduced at trial for a reasonable jury to find for Plaintiff thereon, the Court grants a directed verdict with respect to certain bases of Plaintiff's breach of contract and breach of fiduciary duty claims, and Plaintiff shall be precluded from presenting those bases to the jury. Trial continued to 10/11/2016 at 9:30 a.m. (Court Reporter Anthony Mancuso.) (Levanon, Neta) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Jury Trial held on 10/6/2016. Case called. Discussions held. Appearances by Karamvir Dahiya for plaintiff; Steven Kramer and David Mignardi for defendant. Trial continued. Witness sworn. Exhibits marked and entered into evidence. Plaintiff rests. Trial continued to 10/7/2016 at 9:30 a.m. (Court Reporter Anthony Mancuso.) (Abdallah, Fida) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Jury selection and Trial held on 10/5/2016. Appearances by Karamvir Dahiya for plaintiff; Steven Kramer and David Mignardi for defendant. Case called. Discussions held. Plaintiff informs the court that he as retained Mr. Dahiya for trial. Court instructs plaintiff's attorney to file a notice of appearance. Voir dire begun and completed. Jurors sworn. Trial begins. Witness sworn. Exhibits marked and entered into evidence. Trial continued to 10/6/2016 at 9:30 a.m. (Court Reporter Anthony Mancuso.) (Abdallah, Fida) |
| Filing 468 MEMORANDUM in Opposition re #465 Notice of MOTION for Sanctions filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 467 MEMORANDUM in Opposition re #466 Notice of MOTION for More Definite Statement / Requesting Court to take Judicial Notice of the Government Website regarding Balboa and Fairbanks filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 466 Notice of MOTION for More Definite Statement / Requesting Court to take Judicial Notice of the Government Website regarding Balboa and Fairbanks by Michael T. Dolan. (Basnight, Jasmine) |
| Filing 465 Notice of MOTION for Sanctions by Michael T. Dolan. (Basnight, Jasmine) |
| Filing 464 REPLY in Opposition re #452 Proposed Voir Dire filed by Michael T. Dolan.(Attached CD filed in hard copy) (Basnight, Jasmine) |
| Filing 463 STATUS REPORT informing Dolan about the denial of motion to reconsider by Michael T. Dolan (Dahiya, Karamvir) |
| Filing 462 STATUS REPORT regarding informing Mr. Dolan about the trial by Michael T. Dolan (Dahiya, Karamvir) |
| Filing 461 Witness List by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 460 Exhibit List by Fairbanks Capital Corporation. (Kramer, Steven) |
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ORDER DENYING MOTION FOR RECONSIDERATION/TO TAKE JUDICIAL NOTICE: In its 9/28/16 Order, the Court ordered Plaintiff to provide, by 9/30/16, "a list of all [prior sworn statements of an SPS employee made during the State Court Foreclosure Proceeding] he wishes to have admitted, along with the relevant excerpts of transcripts highlighted, for the Court's consideration as potentially admissible under Federal Rule of Evidence 801(d)." (Emphasis in original.) Plaintiff has failed to comply with this Order.Rather than providing a list of an SPS representative's statements in the State Court Foreclosure Proceeding and an accompanying highlighted transcript thereof, Plaintiff has instead submitted 960 pages of material, prefaced by a 6-page memorandum of law, seeking to (1) have the Court take judicial notice of what appears to be the entirety of the record in the State Court Foreclosure Proceeding, and (2) permit Plaintiff to use unidentified deposition and/or trial testimony of SPS representative Tammy Cramer from the State Court Foreclosure Proceeding as evidence and for impeachment, pursuant to Federal Rules of Civil Procedure 32(a)(4)(B) and 32(a)(8) and Federal Rule of Evidence 804(b)(1). The Court denies these motions.The sole testimony of Ms. Cramer that the Court has been able to identify in the voluminous materials Plaintiff submitted consists of 96 pages of what appears to be trial testimony. As an initial matter, therefore, Defendant appears correct that the proffered testimony by Ms. Cramer is not deposition testimony, and therefore Plaintiff's reliance upon Rule 32 of the Federal Rules of Civil Procedure, without more, is wholly inapposite. In addition, Plaintiff's reliance on Rule 804(b)(1) of the Federal Rules of Evidence does not avail him, since he has made no showing that Ms. Cramer is unavailable under any of the criteria set forth in subpart (a) of that Rule.But more importantly, Plaintiff evinces a fundamental misunderstanding of relevance and admissibility under the Federal Rules of Evidence. Plaintiff has failed to even identify the specific documents and/or statements he seeks to admit--either through judicial notice or as prior inconsistent statements--let alone make the requisite showing of relevance and admissibility regarding such documents and/or statements. Instead, he appears to leave it to the Court to slog through his almost-1,000 page submission to attempt to extract therefrom relevant and admissible excerpts, or alternatively, to admit these records wholesale. This is wholly improper. Plaintiff's eleventh-hour request appears to be merely another of Plaintiff's attempts to evade the Court's numerous prior rulings that the State Court Foreclosure Proceeding has no preclusive effect here. The Court having closed the door of issue preclusion of the State Court Foreclosure Proceeding under the doctrine of judicial estoppel, Plaintiff cannot attempt to use the window of judicial notice to accomplish the same impermissible end.Mr. Dahiya is directed to provide notice of this Order to Plaintiff, and to file proof that he did so no later than 11:59pm this evening. Ordered by Judge Pamela K. Chen on 10/3/2016. (Levanon, Neta)
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ORDER: Attorney Karamvir Dahiya, is directed to inform plaintiff of the order issued by this Court on Friday, which states that while the Court grants Mr. Dolan's request to obtain new counsel, the trial shall proceed as scheduled. Mr. Dahiya shall file proof of such service by the end of business today. Ordered by Judge Pamela K. Chen on 10/3/2016. (Abdallah, Fida)
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| Filing 459 MEMORANDUM in Opposition re #457 Letter MOTION to Substitute Attorney filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 458 MEMORANDUM in Opposition re #456 MOTION for Reconsideration Motion to take Judicial Notice and allow Plaintiff to use former testimony filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 457 Letter MOTION to Substitute Attorney by Michael T. Dolan. (Basnight, Jasmine) |
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ORDER: Plaintiff is granted leave to obtain new counsel. However, as previously conveyed to the parties, in light of the case's 13-year pendency and the fact that jury selection and trial was scheduled back in April 2016, the trial currently set for October 5, 2016, at 9:30 a.m., shall proceed as scheduled. Ordered by Judge Pamela K. Chen on 9/30/2016. (Abdallah, Fida)
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| Filing 456 MOTION for Reconsideration Motion to take Judicial Notice and allow Plaintiff to use former testimony by Michael T. Dolan. (Attachments: #1 Exhibit Complaint and exhibits, #2 Exhibit report of sale, #3 Exhibit Order to show cause by Dolan, #4 Exhibit dolan poor person affidavit, #5 Exhibit Dolan moving the court pro se, #6 Exhibit Katz Opposing the OSC, #7 Exhibit Katz addtional objections, #8 Exhibit dolan for stay, #9 Exhibit dolan further request for vacatur, #10 Exhibit Katz opposition, #11 Exhibit courts order to expedite hearing, #12 Exhibit court grants stay, #13 Exhibit Katz rigole moves for sanctions, #14 Exhibit Katz addtional affirmaiton for sanctions, #15 Exhibit Katz request for removal, #16 Exhibit Dolan Memorandum, #17 Exhibit Dolan memorandum, #18 Exhibit Dolan Post trial memorandum, #19 Exhibit transcript of evidentiary, #20 Exhibit transcript of evidentiary 2, #21 Exhibit transcripts of the second day, #22 Exhibit transcripts of the second day, #23 Exhibit Judge Wilen Decision, #24 Exhibit Verified Answer filed by Dolan, #25 Exhibit motion for summary decision, #26 Exhibit Dolan objection to Summary Decision, #27 Exhibit denial of summary judgment, #28 Exhibit Final trial transcript, #29 Exhibit Judge Baisely decision) (Dahiya, Karamvir) |
| Filing 455 Letter in response to plaintiff's identification of claimed "unauthorized fees" by Fairbanks Capital Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Kramer, Steven) |
| Filing 454 DECLARATION re #453 Order on Motion in Limine,,,, Order on Motion for Judgment as a Matter of Law, Pretrial Conference - Final,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,, elements of unauthorized fees by Michael T. Dolan (Dahiya, Karamvir) |
| Filing 453 Minute entry for final pre-trial conference held before Judge Pamela K. Chen on 9/28/16: Appearances by Karamvir Dahiya for Plaintiff; by Steven Kramer and David Mignardi for Defendant. Case called. Discussion held.The parties were reminded that trial shall be bifurcated, such that trial beginning on 10/5/16 shall be as to liability alone. The parties were directed to the Court's prior rulings on the admissibility of evidence, namely the exhibits and witnesses listed in the #421 Joint Pre-trial Order, and were presented with a chart, which the Court has attached here, that delineates the legal claims remaining to be tried, based on the history of this case and the Court's prior orders. With respect to Plaintiff's breach of contract claim, Plaintiff shall file a letter today, 9/28/16, identifying precisely the unauthorized fees that form a basis of his breach of contract claim.The Court made rulings on the parties' motions in limine for the reasons stated on the record. Specifically with respect to #447 Plaintiff's motion in limine seeking, essentially, judgment as a matter of law, or alternatively, to preclude Defendant from asserting any defense in this action, the Court reiterated its prior ruling that Plaintiff is judicially estopped from arguing issue preclusion, since he argued in opposition to summary judgment in January 2014 that the State Court Foreclosure Proceeding on which he now bases his motion was "a different proceeding dealing with different party [sic] and dealing with different issue [sic]," the "State Court action did not involve the present defendant," and "did not require any determination of [SPS's] liability to the Plaintiff[] for the alleged wrongdoing under... RESPA... and his state law claims for breach of contract, negligence, and breach of fiduciary duty." (Dkt. #383 at 5-8.) The Court also reiterated that Plaintiff's issue preclusion motion was and remains untimely. Given the Court's significant concerns that Plaintiff's opening will go beyond the limited scope of the claims to be tried and the Court's prior orders, and will potentially prejudice the jury, Plaintiff was advised that he will be required to proffer to the Court the substance of his opening on 10/5/16, prior to presenting it to the jury.With respect to trial logistics, Plaintiff intends to call Plaintiff and his wife, Mrs. Dolan, as well as Diane Weinberger, a SPS representative, who is being called in Defendant's case-in-chief. Plaintiff shall also endeavor to bring a representative from Balboa for purposes of establishing his force placed insurance breach of fiduciary duty claim, though he was advised that a trial subpoena at this late date may be subject to a motion to quash, which the Court would entertain. The parties shall file their exhibit lists no later than close of business on 10/3/16. The parties were advised that they should assume they will not need to lay a foundation with respect to any exhibit offered into evidence unless there is an objection, which the Court will address on an ad hoc basis. (Court Reporter Linda Danelczyk.) (Levanon, Neta) |
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ORDER: Though Plaintiff has failed to timely raise this issue and to raise it in an appropriate form--i.e., a motion in limine--the Court is revisiting his oral request -- made at the Final Pretrial Conference on September 28, 2016 -- to admit, as substantive evidence, prior sworn statements of an SPS employee made during the State Court Proceeding. By 9/30/16, Plaintiff must submit a list of all such statements he wishes to have admitted, along with the relevant excerpts of transcripts highlighted, for the Court's consideration as potentially admissible under Federal Rule of Evidence 801(d). Defendant shall have the opportunity to respond, no later than 10/4/16, as to why such statements are inadmissible, under that rule or otherwise. This does not alter the Court's ruling with respect to the inadmissibility of any other aspects of and/or materials from the State Court Proceeding. Nor does it alter the Court's ruling that Plaintiff may not use the purported statements of the SPS employee to impeach Ms. Weinberger at trial. Ordered by Judge Pamela K. Chen on 9/28/2016. (Levanon, Neta) Modified on 9/28/2016 to correct typographical error. (Abdallah, Fida).
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| Filing 452 Proposed Voir Dire by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 451 Proposed Jury Instructions by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 450 Letter re status of joint proposed jury charges by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 449 STATUS REPORT Mr. Kramer was served with Plaintiff proposed jury instruction with objections at 600 PM by Michael T. Dolan (Dahiya, Karamvir) |
| Filing 448 Letter regarding voir dire by Michael T. Dolan (Dahiya, Karamvir) |
| Minute entry for telephone conference before Judge Pamela K. Chen on 9/26/16: Appearances by Karamvir Dahiya for Plaintiff; Steven Kramer for Defendant. Case called. Discussion held. Plaintiff was instructed, yet again, that the parties must file proposed jury instructions in joint form, rather than each party filing their own set. To the extent Plaintiff wishes to include certain instructions, or object to Defendant's, he must do so in the document that Defendant's counsel has sent him, such that Defendant shall file a single document that incorporates both parties' proposed jury instructions and objections. Plaintiff was advised that, should he file individual jury instructions, rather than complying with the Court's order to file jointly, his jury instructions will be disregarded. (Tape FTR#: 5:00-5:10.) (Levanon, Neta) |
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ORDER: Having been advised telephonically that, as of 6:05pm, Defendant's counsel had still not received Plaintiff's portion of the joint proposed jury instructions, the Court permits Defendant until tomorrow, 9/27/16, to file the joint proposed instructions. Defendant should advise the Court by 12:00pm tomorrow if it has still not received Plaintiff's portion of the jury instructions. Ordered by Judge Pamela K. Chen on 9/26/2016. (Levanon, Neta)
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ORDER: Having reviewed Defendant's #441 #442 #444 #445 motions in limine and Plaintiff's #447 motion for judgment as a matter of law qua motion in limine filed thus far, the parties are directed not to file written responses. Any opposition argument shall be heard, and these motions shall be resolved, on the record at the final pre-trial conference before the Court on 9/28/16 at 10:00am. Ordered by Judge Pamela K. Chen on 9/23/2016. (Levanon, Neta)
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| Filing 447 MOTION for Judgment as a Matter of Law and precluding SPS offering any defense to claims by Michael T. Dolan. (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A., #3 Exhibit Ex. B., #4 Exhibit Ex. C., #5 Exhibit Ex. D., #6 Exhibit Ex. E., #7 Exhibit Ex. F., #8 Exhibit Ex. H., #9 Exhibit Ex. I., #10 Exhibit Ex. J., #11 Exhibit Ex. K., #12 Exhibit Ex. L, #13 Exhibit Ex. M, #14 Exhibit Ex. N., #15 Exhibit Ex. O., #16 Exhibit Ex. P.) (Dahiya, Karamvir) |
| Filing 446 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #444 MOTION in Limine TO LIMIT PLAINTIFFS USE OF DOCUMENTS AND/OR TRANSCRIPTS FROM THE STATE COURT FORECLOSURE ACTION FOR CROSS-EXAMINATION AND IMPEACHMENT PURPOSES corrected (Kramer, Steven) |
| Filing 445 MOTION in Limine to Limit Plaintiff's Breach of Fiduciary Duty Claim Regarding Lender-Placed Insurance to that Stipulated by Plaintiff in Open Court by Fairbanks Capital Corporation. (Attachments: #1 Memorandum in Support, #2 Certificate of Service) (Kramer, Steven) |
| Filing 444 MOTION in Limine TO LIMIT PLAINTIFFS USE OF DOCUMENTS AND/OR TRANSCRIPTS FROM THE STATE COURT FORECLOSURE ACTION FOR CROSS-EXAMINATION AND IMPEACHMENT PURPOSES by Fairbanks Capital Corporation. (Attachments: #1 Memorandum in Support, #2 Certificate of Service) (Kramer, Steven) |
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ORDER: Given the 13-year pendency of this action, and the belatedness of Plaintiff's request for an adjournment--the October 2016 trial date has been set for five months--the Court denies Plaintiff's #440 request for an adjournment. Trial shall proceed as scheduled, with jury selection taking place on 10/5/16 at 9:30am.With respect to Defendant's #443 objections to Plaintiff's proposed jury charges, the parties are reminded that they are to file joint proposed jury instructions by 9/26/16. These proposed instructions should be limited to the substantive charges, and to the extent the parties object to one another's proposals, the parties should endeavor to resolve these issues amongst themselves. If there remain charges on which the parties cannot agree, the joint proposed charges that are filed on 9/26/16 should reflect each side's proposed instruction, along with any objections to the other side's proposed instruction, and the Court will consider those objections at that time. Defendant shall also submit to the Court a Word version of the proposed instructions, to be either emailed to chambers or submitted in hard copy via flashdrive or CD. Ordered by Judge Pamela K. Chen on 9/14/2016. (Levanon, Neta)
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| Filing 443 Letter in Response to Plaintiff's Adjournment Request by Fairbanks Capital Corporation (Attachments: #1 Exhibit A) (Kramer, Steven) |
| Filing 442 MOTION in Limine to Limit Donna M. Dolan's Trial Testimony by Fairbanks Capital Corporation. (Attachments: #1 Declaration of Steven R. Kramer, #2 Exhibit A, #3 Memorandum in Support, #4 Certificate of Service) (Kramer, Steven) |
| Filing 441 MOTION in Limine to Limit Plaintiff's Trial Testimony by Fairbanks Capital Corporation. (Attachments: #1 Declaration of Steven R. Kramer, #2 Exhibit A, #3 Memorandum in Support, #4 Certificate of Service) (Kramer, Steven) |
| Filing 440 Letter requesting guidance by Michael T. Dolan (Attachments: #1 Dolan Letter) (Dahiya, Karamvir) |
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SCHEDULING ORDER: Due to the Rosh Hashanah holiday on October 3 and 4, 2016, jury selection for the trial shall take place on Wednesday, October 5, 2016 at 9:30 a.m. The parties are required to be in court by 9:00 a.m. In addition, the trial may extend into the week of October 10, 2016, except for October 10 itself, which is the federal Columbus Day holiday. Depending on the jury's availability on October 11, 2016, which is the Yom Kippur holiday, trial may resume on that date. Ordered by Judge Pamela K. Chen on 8/19/2016. (Abdallah, Fida)
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| Filing 439 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04-28-16, before Judge Chen. Court Reporter/Transcriber N. CANALES, Telephone number 718-613-2509. Email address: cnlsnic@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/29/2016. Redacted Transcript Deadline set for 9/8/2016. Release of Transcript Restriction set for 11/7/2016. (Canales, Nicole) |
| Filing 438 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 04-28-16, before Judge Chen. Court Reporter/Transcriber N. CANALES, Telephone number 718-613-2509. Email address: cnlsnic@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/29/2016. Redacted Transcript Deadline set for 9/8/2016. Release of Transcript Restriction set for 11/7/2016. (Canales, Nicole) |
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Filing 437
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S #423 #432 MOTION FOR SUMMARY JUDGMENT: For the reasons stated in the attached Memorandum & Order, Defendant's motion for summary judgment is GRANTED IN PART and DENIED IN PART. Defendant's motion is GRANTED as to Plaintiff's claims under Section 2605(b) and (c) of RESPA; Plaintiff shall be precluded from pursuing those claims at trial. However, Defendant's motion is DENIED, yet again, as to Plaintiff's force-placed insurance theory of breach of fiduciary duty. Ordered by Judge Pamela K. Chen on 8/2/2016. (Levanon, Neta)
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Filing 436
ORDER denying #433 Motion for Reconsideration: For the reasons stated in the attached Memorandum & Order, Defendant's motion for reconsideration of the Court's #430 6/22/16 MSJ Order is DENIED. Plaintiff shall be permitted to pursue at trial his claim that Defendant breached its fiduciary duty by charging and paying for allegedly unnecessary and excessive premiums for force-placed insurance from Plaintiff's escrow account under the Third Forbearance Agreement. Ordered by Judge Pamela K. Chen on 7/21/2016. (Levanon, Neta)
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| Filing 435 Letter with Spokeo Case Law by Fairbanks Capital Corporation (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Kramer, Steven) |
| Filing 434 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 6-27-16, before Judge Chen. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/28/2016. Redacted Transcript Deadline set for 8/8/2016. Release of Transcript Restriction set for 10/5/2016. (Nardone, Michele) |
| Filing 433 MOTION for Reconsideration re #430 Order on Motion for Summary Judgment,,, by Fairbanks Capital Corporation. (Attachments: #1 Declaration in Support of Motion for Reconsideration, #2 Exhibit A, #3 Memorandum in Support of Motion for Reconsideration) (Kramer, Steven) |
| Minute entry for oral argument held before Judge Pamela K. Chen on 6/27/16: Appearances by Karamvir Dahiya for Plaintiff; Steven Kramer and David Mignardi for Defendant. Case called. Discussion held. The Court made certain rulings regarding the admissibility of the evidence at issue in Plaintiff's #424 5/30/16 letter, for the reasons stated on the record.Also for the reasons stated on the record, the Court denied Defendant's #423 motion for summary judgment on Plaintiff's Real Estate Settlement Procedures Act ("RESPA") claim under Section 2605(e), though the Court held that Plaintiff would be barred from pursuing that claim based on the alleged June 2003 Qualified Written Request, asserted for the first time in Plaintiff's #429 Rule 56.1 statement submitted in opposition to Defendant's summary judgment motion. With respect to Defendant's motion on Plaintiff's other RESPA claims, under Sections 2605(b) and (c), as well as Defendant's #432 supplemental motion on Plaintiff's breach of fiduciary duty claim--both relating to Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016)--the Court took those motions under advisement. In connection therewith, the Court granted Defendant leave to file, by 7/8/16, a letter presenting any district court cases interpreting the Supreme Court's decision in Spokeo. Plaintiff shall have until 7/15/16 to respond to that letter.In addition, based on the arguments of the parties and for the reasons stated on the record, the Court modified its #430 summary judgment order with respect to Plaintiff's force-placed insurance theory of breach of fiduciary duty, to preclude Plaintiff from presenting argument or evidence of Defendant's alleged kickback scheme. This is because Plaintiff has failed to proffer any admissible or credible evidence that Defendant was involved in such a scheme with respect to the Balboa insurance policy that Plaintiff allegedly was forced to pay for. (Court Reporter Michelle Nardone.) (Levanon, Neta) |
| Filing 432 Letter Supplementing Spokeo Application by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 431 RESPONSE in Opposition re #423 Letter MOTION for Leave to File Motion for Summary Judgment Objections to Plaintiff's Resonse to SPS's Rule 56.1 Statement filed by Fairbanks Capital Corporation. (Kramer, Steven) |
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Filing 430
ORDER granting in part and denying in part #413 Motion for Summary Judgment: For the reasons stated in the attached Memorandum & Order, Defendant's motion for summary judgment is GRANTED IN PART and DENIED IN PART. Plaintiff shall be permitted to proceed to trial on his breach of fiduciary duty claim on the theory that Defendant charged premiums to his escrow account for excessive, unnecessary, and unauthorized force-placed insurance, and Plaintiff shall be permitted to proffer the testimony of a Balboa witness in connection with that claim. Plaintiff, however, is foreclosed from presenting a breach of fiduciary duty claim on the theory that Defendant negotiated, offered, and enforced the Third Forbearance Agreement. Ordered by Judge Pamela K. Chen on 6/22/2016. (Levanon, Neta)
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| Filing 429 RULE 56.1 STATEMENT re #427 Declaration,, filed by Michael T. Dolan. (Dahiya, Karamvir) |
| Filing 428 RULE 56.1 STATEMENT of Uncontested Material Facts filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 427 DECLARATION of Steven R. Kramer by Fairbanks Capital Corporation (Attachments: #1 Exhibit A - Note, #2 Exhibit B - Mortgage, #3 Exhibit C - letter dated November 7, 2000, #4 Exhibit D - check dated November 20, 2000, #5 Exhibit E - letter dated June 13, 2003, #6 Exhibit F - check dated September 23, 2002, #7 Exhibit G - letter dated December 18, 2000, #8 Exhibit H - letter dated February 16, 2001, #9 Exhibit I - letter dated April 10, 2001, #10 Exhibit J - tax bills for 2001, 2002 and 2003, #11 Exhibit K - transcript of Plaintiffs August 22, 2011 Deposition, #12 Exhibit L - transcript of Plaintiffs September 14, 2011 Deposition) (Kramer, Steven) |
| Filing 426 Letter Request to Adjourn Oral Argument by Fairbanks Capital Corporation (Kramer, Steven) |
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SCHEDULING ORDER: On 6/22/16 at 10:00am in Courtroom 4F North, the Court shall hear oral argument on the parties' #423 #425 summary judgment submissions regarding the impact, if any, of the Supreme Court's holding in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (U.S. 2016), with respect to Plaintiff's standing to assert claims under the Real Estate Settlement Procedures Act. Should the parties wish to submit any evidence relevant to this issue, including any statements of undisputed fact under Rule 56.1, they must do so no later than 6/17/16. At the oral argument, the Court shall also address the admissibility of the evidence at issue in Plaintiff's #424 5/30/16 letter. Ordered by Judge Pamela K. Chen on 6/7/2016. (Levanon, Neta)
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SCHEDULING ORDER: On consent, Defendant's #426 request to adjourn the oral argument currently scheduled for 6/22/16 is granted. Oral argument shall be held on 6/24/16 at 10:00am in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 6/7/2016. (Levanon, Neta)
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SCHEDULING ORDER: The Court amends its scheduling order of earlier today. Due to a conflict in the Court's calendar, the oral argument adjourned to 6/24/16 shall be held on 6/27/16, still at 10:00am in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 6/7/2016. (Levanon, Neta)
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| Filing 425 Letter regarding "injury in fact" standing by Michael T. Dolan (Dahiya, Karamvir) |
| Filing 424 Letter about the relevancy of the witnesses by Michael T. Dolan (Dahiya, Karamvir) |
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ORDER re #423 Motion for Leave to File: The Court construes Defendant's #423 most recent submission as a request for a pre-motion conference regarding its proposed motion for summary judgment. Plaintiff shall respond, via letter of no more than three (3) pages, no later than 6/2/2016. Ordered by Judge Pamela K. Chen on 5/27/2016. (Abdallah, Fida)
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| Filing 423 Letter MOTION for Leave to File Motion for Summary Judgment by Fairbanks Capital Corporation. (Kramer, Steven) |
| Minute entry for pre-trial conference held before Judge Pamela K. Chen on 4/28/16: Appearances by Karamvir Dahiya for Plaintiff; Steven R. Kramer and David Mignardi for Defendant. Case called. Discussion held. The Court advised the parties it would set aside five (5) days for trial, and the parties agreed to seat eight (8) jurors. Jury selection set for 10/3/16, with trial to proceed thereafter. The final pre-trial conference shall be held on 9/28/16 at 10:00am in Courtroom 4F North. Parties to submit proposed voir dire, names and terms with unusual spelling, and joint proposed jury instructions by 9/26/16. With respect to the jury instructions, Defendant shall submit to Plaintiff proposed jury instructions by 8/29/16; Plaintiff shall have until 9/12/16 to submit to Defendant any changes thereto; and Defendant shall file the joint proposed instructions on 9/26/16, with a Word version to be either emailed to chambers or submitted in hard copy via flashdrive or CD.The Court reviewed the Third Amended Joint Pre-Trial Order ("3AJPTO") with the parties, and made rulings on the admissibility of the parties' proposed trial exhibits, for the reasons stated on the record. Plaintiff was reminded that the trial shall be bifurcated into liability and damages phases, such that the proposed testimony of many of his witnesses is overly broad for the liability phase and shall not be permitted in that phase. For the reasons stated on the record, Plaintiff is to file, no later than 5/30/16, a submission of no more than ten (10) pages proffering the relevance, if any, of the proposed testimony of Mr. Basmajian, Mr. Hollingsworth, Wilshire Credit Corp., and GMAC, as well as the relevance of proposed Exhibit 10, tying the two checks described to Defendant itself. Defendant was directed not to respond to this proffer unless requested to do so by the Court. With respect to proposed testimony from Balboa Life and Casualty Insurance Company, the Court advised the parties that it would decide the admissibility of that testimony as part of its ruling on Defendant's pending summary judgment motion.With respect to Defendant's witnesses, Defendant withdrew its designations of Mrs. Dolan's deposition, in light of her anticipated cross-examination. In addition, Plaintiff shall file, no later than 7/29/16, any counter-designations of Mr. Dolan's deposition testimony necessary for completeness; Defendant shall have until 8/12/16 to file any objections thereto. Moreover, Plaintiff advised the Court he would seek to exclude the testimony of Defendant's proposed expert, James F. Lynn. While Plaintiff was advised the Court was unlikely to exclude Mr. Lynn's testimony, for the reasons stated on the record, the Court set the following briefing schedule for Plaintiff's Daubert motion: Plaintiff shall file his Daubert motion by 6/30/16; Defendant shall file its response by 7/14/16; and Plaintiff shall file his reply, if any, by 7/28/16.With respect to the parties' proposed in limine motions, the Court made various rulings as stated on the record. The parties were directed not to file those motions that deal with evidence already excluded by the Court or, at this stage, those motions related to damages evidence and/or testimony.The Court denied Plaintiff's motion for issue preclusion based on rulings in the State Court foreclosure action as untimely and having been waived, for the reasons discussed on the record. The Court further advised Plaintiff that other claims raised at the eleventh hour would similarly be denied as untimely and/or having been waived, as this case has been pending for more than a decade and Plaintiff's counsel has represented Plaintiff for more than two years, such that the time for discovery of additional claims and theories has long passed.Regarding #417 #418 #419 #422 Defendant's proposed sanctions against Plaintiff's counsel for his failure to timely and adequately submit Plaintiff's portion of the 3AJPTO pursuant to the Court's 12/1/15 Order, the Court imposed a sanction of $250 against Plaintiff's counsel, to be paid to Defendant's counsel by 5/6/16. (Court Reporter Nicole Canales.) (Levanon, Neta) |
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ORDER finding as moot #417 Motion to Stay: In light of the Court's Orders, dated 3/10/16 and 3/16/16, the scheduling of a pre-trial conference on 4/28/16 at 10am in Courtroom 4F North, and Defendant's #421 filing of the Third Amended Joint Pre-Trial Order ("JPTO") on 3/30/16, Defendant's request to stay the filing deadline for the JPTO and schedule a pre-trial conference is hereby deemed moot. Ordered by Judge Pamela K. Chen on 4/12/2016. (Levanon, Neta)
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| Filing 422 Letter to Judge Chen itemizing time spent on TAJPTO by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 421 Proposed Pretrial Order by Fairbanks Capital Corporation (Kramer, Steven) |
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ORDER: Good cause having been shown by Defendant's representations that the fees and costs at issue are "competitively sensitive" in nature and "not publicly known," the Court grants #420 Defendant's request to file its letter itemizing the fees and costs of preparing the Third Amended Joint Pre-Trial Order under seal. Ordered by Judge Pamela K. Chen on 3/30/2016. (Levanon, Neta)
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| Filing 420 Letter to Judge Chen requesting itemizing letter be filed under seal by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 419 Letter in response to plaintiff's counsel March 14, 2016 letter by Fairbanks Capital Corporation (Kramer, Steven) |
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SCHEDULING ORDER: In light of Plaintiff's counsel's representation #418 that he inadvertently sent Defendant's counsel an old version of the Third Amended Joint Pre-Trial Order ("JPTO"), rather than his revised version -- a claim that the Court views with skepticism, given Plaintiff's counsel's history of delays and similar excuses -- Defendant is directed to review the revised version of Plaintiff's portion of the Third Amended JPTO (attached to Plaintiff's most recent submission #418 ), incorporate therein any additional changes set forth in Defendant's letter of 3/8/16 #417 , and file the Third Amended JPTO by the original deadline of 3/30/16, along with a letter itemizing Defendant's fees and costs as directed in the Court's 3/10/16 Order. The Court will defer ruling on Defendant's sanctions request. As requested by Defendant #419 , an in-person pre-trial conference is scheduled for 4/28/16 at 10am in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 3/16/2016. (Levanon, Neta)
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| Filing 418 Letter requesting conference with the court by Michael T. Dolan (Attachments: #1 Exhibit, #2 Exhibit) (Dahiya, Karamvir) |
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ORDER: In light of Plaintiff counsel's repeated failures to comply with the Court's orders regarding amendment of the Joint Pretrial Order (JPTO) and Plaintiff counsel's having once again failed to comply with the Court's explicit directions regarding amendment of the JPTO by the imposed deadline and having failed to request an extension of time in writing, as specifically directed by chambers -- instead foisting the duties of compliance and proper notice of non-compliance on Defendant's counsel -- the Court deems Plaintiff as having waived his right to object to amendment of JPTO consistent with the Court's prior directions, as summarized in Defendant's letter of March 8, 2016 #417 . Defendant shall submit a Third Amended JPTO incorporating the changes set forth in its March 8 letter, accompanied by a letter itemizing, in detail, the fees and costs expended by Defendant in preparing the Third Amended Pretrial Order, excluding fees and costs associated with defense counsel's initial review of Plaintiff's "11th hour" version of his portion of the JPTO. The Court will defer ruling on Defendant's sanctions request. Ordered by Judge Pamela K. Chen on 3/10/2016. (Abdallah, Fida)
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| Filing 417 MOTION to Stay re Pretrial Conference - Interim,,,,,,, letter motion to stay SPS's time to respond to plaintiff's portion of the 3rd amended joint pretrial order, request for pretrial conference and request for award of counsel fees by Fairbanks Capital Corporation. (Kramer, Steven) |
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ORDER re #413 MOTION for Summary Judgment: Defendant is reminded that, consistent with rule 1.D of the Court's Individual Practices & Rules, Defendant must file a double-sided courtesy copy of its moving papers and related exhibits, particularly as that submission #413 is almost 500 pages. Ordered by Judge Pamela K. Chen on 3/1/2016. (Levanon, Neta)
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| Filing 416 REPLY in Support re #413 MOTION for Summary Judgment filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 415 MEMORANDUM in Opposition re #413 MOTION for Summary Judgment filed by Donna M. Dolan. (Attachments: #1 Rule 56.1 Statement, #2 Exhibit, #3 Exhibit) (Dahiya, Karamvir) |
| Incorrect Entries: Transcripts filed as document numbers 415, 416, and 417 were entered in error and have since been removed. (Abdallah, Fida) |
| Filing 414 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Court Reporter/Transcriber N. Canales, Telephone number 718-613-2509. Email address: cnlsnic@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/10/2016. Redacted Transcript Deadline set for 2/22/2016. Release of Transcript Restriction set for 4/19/2016. (Canales, Nicole) |
| Filing 413 MOTION for Summary Judgment by Fairbanks Capital Corporation. (Attachments: #1 Declaration of Steven R. Kramer, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Rule 56.1 Statement, #19 Memorandum in Support of Select Portfolio's Serving, Inc fka Fairbanks Capital Corp MSJ, #20 Certificate of Service as to of Select Portfolio's Serving, Inc fka Fairbanks Capital Corp's MSJ) (Kramer, Steven) |
| Filing 412 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings before Judge Chen. Court Reporter/Transcriber N. Canales, Telephone number 718-613-2509. Email address: cnlsnic@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/11/2016. Redacted Transcript Deadline set for 1/21/2016. Release of Transcript Restriction set for 3/21/2016. (Canales, Nicole) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Interim Pretrial Conference held on 12/1/2015. Appearances by Karamvir Dahiya for Plaintiff, and Steven Kramer and David Mignardi for Defendant. Case called. Discussion held. The parties' Joint Pre-Trial Order ("JPTO") was discussed, as was the parties' briefing regarding Defendant's objections to Plaintiff's portion thereof #408 #409 #410 . Various portions were stricken from Plaintiff's statement of claims. Plaintiff was instructed to enumerate his exhibits individually, and the parties were instructed to discuss the exhibits and witnesses to which Defendant objects in the hopes of informally resolving some, if not all, of those objections. Plaintiff shall serve his revised portion of the JPTO on Defendant by 2/29/16, and Defendant shall serve its portion of the JPTO on Plaintiff and Plaintiff shall file the JPTO by 3/30/16. In addition, the Court ordered expedited summary judgment briefing on two issues newly raised by Plaintiff: (1) whether, as a matter of law, a breach of fiduciary duty claim is colorable on the theory that Defendant negotiated, offered, and enforced the 9/23/02 allegedly unconscionable and overreaching forbearance agreement, and (2) whether, as matter of law, the alleged imposition of "force placed" insurance without prior notice to Plaintiff is colorable as the basis of a breach of fiduciary duty claim. The Court set the following briefing schedule: Defendant shall file and serve its opening brief and Rule 56.1 statement, along with any other materials, on 1/15/16; Plaintiff shall file and serve opposition papers on 2/15/16; and Defendant shall file and serve reply papers on 2/29/16. The parties were directed to provide one courtesy copy of all summary judgment submissions to the Court. (Court Reporter Nicole Canales.) (Levanon, Neta) |
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SCHEDULING ORDER: To address Defendant's motion to preclude #408 and related briefing #409 #410 , and to clarify the issues implicated therein in advance of trial, a pre-trial conference shall be held on 12/1/2015 at 11:00a.m. in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 11/20/2015. (Levanon, Neta)
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| Filing 411 Letter to Hon. Pamela K. Chen Re: Second Amended Joint Pre-Trial Order by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 410 Letter Motion to Judge Chen by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 409 AFFIDAVIT/AFFIRMATION re #408 Letter, Scheduling Order by Michael T. Dolan (Dahiya, Karamvir) |
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SCHEDULING ORDER: Should Plaintiff wish to respond to Defendants' letter/motion to preclude #408 , Plaintiff must do so no later than 11/4/2015. Ordered by Judge Pamela K. Chen on 10/29/2015. (Levanon, Neta)
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| Filing 408 Letter / Motion to Preclude; filed by Fairbanks Capital Corporation W/Attachments #1 Exhibit A: Joint Pretrial Order, #2 Exhibit B: Amended Joint Pretrial Order. (Kramer, Steven) (Modified) |
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ORDER: The Court denies Defendant's motion to dismiss the entire case (Dkt. #406 ), but re-directs Plaintiff to provide to Defendant, by October 16, 2015: (1) a revised statement of claims relating only to liability (ie., without damages theories) that contains a one-paragraph description for each of Plaintiff's remaining four claims -- ie., RESPA; breach of contract; negligence; and breach of fiduciary duty -- for a total of four paragraphs; (2) revised exhibit and witness lists that include only liability-phase evidence; and (3) a complete set of marked Plaintiff's liability-phase exhibits. The Court accordingly modifies the schedule for the preparation and filing of the Second Amended Joint Pretrial Order ("JPTO"): Defendant will provides its portions of the JPTO, including its objections to Plaintiff's exhibits, accompanied by a complete set of marked defense exhibits, to Plaintiff by November 13, 2015; and the combined Second Amended JPTO, including Plaintiff's objections to the defense's witnesses and exhibits, will be filed by Plaintiff by December 4, 2015. The Court also clarifies that, if a damages phase is necessary, the parties will be required to prepare and submit a damages-only Joint Pretrial Order in advance of any trial on damages. Ordered by Judge Pamela K. Chen on 10/6/2015. (Abdallah, Fida)
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| Filing 407 RESPONSE to Motion re #406 Letter MOTION to Dismiss /Preclude filed by Michael T. Dolan. (Dahiya, Karamvir) |
| Filing 406 Letter MOTION to Dismiss /Preclude by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 405 NOTICE of Appearance by David Vincent Mignardi on behalf of Fairbanks Capital Corporation (aty to be noticed) (Mignardi, David) |
| Minute Entry for proceedings held before Judge Pamela K. Chen: Pretrial Conference held on 7/20/2015. Appearances by Karamvir Dahiya for plaintiff, Steven Kramer and David Mignardi for defendant. The parties will submit a second amended joint pretrial order ("JPTO"), which will be limited to a trial on liability only. The second amended JPTO order will contain a revised statement of claims by Plaintiff that relates only to liability--Plaintiff is limited to one paragraph per claim-- as well revised exhibit and witness lists (to exclude damage-related evidence) and a revised list of proposed motions in limine. The parties will adhere to the following schedule with respect to the preparation and filing of the second amended JPTO: Plaintiff will provide his portions of the JPTO, accompanied by a copy of all individually marked Plaintiff's exhibits, to Defendant by 9/30/2015; Defendant will provide its portions of the JPTO, accompanied by a copy of all individually marked defense exhibits, and its objections to Plaintiff's witnesses and exhibits, to Plaintiff by 10/21/2015; and the combined JPTO, including Plaintiff's objections to the defense's witnesses and exhibits, will be filed by Plaintiff on or before 11/11/2015. (Court Reporter Mary Agnes Drury.) (Abdallah, Fida) |
| Filing 404 Proposed Pretrial Order (Amended) by Fairbanks Capital Corporation (Bhimani, Riyaz) |
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ORDER granting #402 Motion for Extension of Time to File the Joint Pretrial Order, and granting #403 Motion to Adjourn Conference: The Joint Pretrial Order shall be filed by 7/10/2015. The conference is adjourned to July 20, 2015, at 2:30 p.m. No further extensions will be granted absent extraordinary circumstances. Ordered by Judge Pamela K. Chen on 6/18/2015. (Abdallah, Fida)
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| Filing 403 Letter requesting additional 15 days by Michael T. Dolan (Dahiya, Karamvir) Modified on 6/17/2015 to correct ECF filing event. (Abdallah, Fida) |
| Filing 402 Letter requesting guidance Re: Submission of the Amended Joint Pretrial Order by Fairbanks Capital Corporation (Kramer, Steven) Modified on 6/17/2015 to correct ECF filing event. (Abdallah, Fida) |
| Minute Entry for proceedings held before Judge Pamela K. Chen on 4/30/2015. Pre-Trial Conference held: Appearances by Karamvir Dahiya for plaintiff and Steven Kramer for defendant. The #398 Proposed Joint Pre-Trial Order was reviewed with the parties. An amended proposed pretrial order is to be filed by 6/15/2015. The parties are encouraged to discuss settlement and to contact Judge Tomlinson to schedule a settlement conference if they feel one would be fruitful. Next pretrial conference is scheduled for 6/23/2015, at 10:30 a.m. (Court Reporter Lisa Schwam.) (Driscoll, Katherine) |
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Filing 401
ORDER re #400 Notice(Other) Withdrawal of Appearance filed by Fairbanks Capital Corporation. Attorney Geraldine Ann Cheverko terminated. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/16/2015. (Ryan, Mary)
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| Filing 400 NOTICE by Fairbanks Capital Corporation Withdrawal of Appearance (Cheverko, Geraldine) |
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ORDER granting #399 Motion to Adjourn Conference: On consent, Plaintiff's request to adjourn the pretrial conference is granted. The pretrial conference will be held on 4/30/15 at 11AM in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 3/2/2015. (Driscoll, Katherine)
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| Filing 399 Consent MOTION to Adjourn Conference to April 30th, 2015 at 11:00 AM by Michael T. Dolan. (Dahiya, Karamvir) |
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SCHEDULING ORDER: A Pretrial Conference will be held on 4/1/2015 at 2:00 p.m., in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 2/17/2015. (Abdallah, Fida)
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| Filing 398 Proposed Pretrial Order by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 397 MOTION for Extension of Time to File Joint Pretrial Order by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
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ORDER granting #397 Motion for Extension of Time to File: The time to file the Joint Pretrial Order is extended to February 13, 2015. Ordered by Judge Pamela K. Chen on 2/2/2015. (Abdallah, Fida)
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| Filing 396 Letter MOTION for Extension of Time to File Joint Pretrial Order by Michael T. Dolan. (Dahiya, Karamvir) |
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ORDER granting #396 Motion for Extension of Time to File: On consent, Plaintiff's request for an extension of time for the parties to submit the Joint Pre-Trial Order is granted. The Pre-Trial Order shall be submitted on or before 2/3/15. Ordered by Judge Pamela K. Chen on 12/15/2014. (Driscoll, Katherine)
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| Filing 395 Letter MOTION for Extension of Time to File Joint Pre-Trial by Michael T. Dolan. (Dahiya, Karamvir) |
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ORDER granting #395 Motion for Extension of Time to File: On consent, Plaintiff's request for an extension of time for the parties to submit the Joint Pretrial Order is granted. The Joint Pretrial Order shall be submitted on or before 12/15/14. Ordered by Judge Pamela K. Chen on 12/3/2014. (Driscoll, Katherine)
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ORDER granting #394 Motion for Extension of Time to File. On consent, Defendant's request for an extension of time for the parties to submit the Joint Pretrial Order is granted. The parties shall submit the Joint Pretrial Order on 12/3/14. Ordered by Judge Pamela K. Chen on 10/22/2014. (Driscoll, Katherine)
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| Filing 394 Joint MOTION for Extension of Time to File Joint Pretrial Order by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
| Filing 393 Letter confirming my contiuing representation of Mr. Dolan until case conclusion by Michael T. Dolan (Dahiya, Karamvir) |
| Filing 392 Letter Withdrawing Motion for Reconsideration/Reargument by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 391 Letter Re: Motion for Reconsideration/Reargument by Fairbanks Capital Corporation (Bhimani, Riyaz) |
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ORDER re #390 Letter filed by Michael T. Dolan: In response to Plaintiff's letter #390 , the Court advises Mr. Dayiha that his appointment as counsel was limited to the summary judgment motion proceeding, which Mr. Dahiya has successfully handled on behalf of Plaintiff. The Court is grateful to Mr. Dahiya for his pro bono service in this matter. Although Mr. Dahiya is free to discontinue his representation of Plaintiff, given the possibility of renewed settlement discussions and/or trial in this matter, the Court encourages Mr. Dahiya to remain in the case. The Court notes that attorneys' fees, as well as treble damages, are available under RESPA, should Plaintiff prevail in this matter. Given the pending deadline of 11/3/14 for submission of the parties' joint pretrial order, Mr. Dahiya respectfully is directed to apprise the Court whether he will continue to represent Plaintiff in any capacity no later than 10/7/14. Ordered by Judge Pamela K. Chen on 9/23/2014. (Doerr, Mark)
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| Filing 390 Letter requesting instructions from the court by Michael T. Dolan (Attachments: #1 Exhibit) (Dahiya, Karamvir) |
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Filing 389
ORDER granting in part and denying in part #378 Motion for Summary Judgment: For the reasons set forth in the attached Memorandum & Order and as stated on the record at the motion hearing of September 17, 2014, Defendant's motion for summary judgment is denied, in part, and granted, in part. Ordered by Judge Pamela K. Chen on 9/18/2014. (Doerr, Mark)
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| Minute Entry for proceedings held before Judge Pamela K. Chen: Motion Hearing held on 9/17/2014 re #378 MOTION for Summary Judgment filed by Fairbanks Capital Corporation. Appearances by Karam Vir Dahiya for Plaintiff; Steven Kramer for Defendant. For the reasons stated on the record at the hearing, and as set forth in the Court's forthcoming Memorandum & Order, the Court grants Defendant's motion for summary judgment with respect to Plaintiff's claim pursuant to the New York General Business Law 349, and denies the motion in all other respects. Pursuant to the Court's Individual Practices & Rules, the parties shall submit to the Court a joint pretrial order on or before 11/3/14. (Court Reporter Anthony Frisolone.) (Doerr, Mark) |
| Filing 388 Letter requesting adjournment by Michael T. Dolan (Dahiya, Karamvir) |
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SCHEDULING ORDER re #388 Letter filed by Michael T. Dolan: On consent, Plaintiff's request for an adjournment of the motion hearing is granted. Motion Hearing set for 9/17/2014 at 12:00 PM in Courtroom 4F North before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 9/9/2014. (Doerr, Mark)
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SCHEDULING ORDER re #378 MOTION for Summary Judgment filed by Fairbanks Capital Corporation: Motion Hearing set for 9/10/2014 at 12:00 PM in Courtroom 4F North before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 8/19/2014. (Doerr, Mark)
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| Filing 387 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #386 Rule 56.1 Statement, #385 Reply in Support (Kramer, Steven) |
| Filing 386 RULE 56.1 STATEMENT re #378 MOTION for Summary Judgment SPS' Objections to Plaintiff's Response to Statement of Uncontested Facts filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 385 REPLY in Support re #378 MOTION for Summary Judgment filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 384 RULE 56.1 STATEMENT re #378 MOTION for Summary Judgment Plaintiff's Rule 56.1 Statement filed by Fairbanks Capital Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Kramer, Steven) |
| Filing 383 MEMORANDUM in Opposition re #378 MOTION for Summary Judgment Plaintiff's Opposition filed by Fairbanks Capital Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Kramer, Steven) |
| Filing 382 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #379 Affidavit in Support of Motion, #378 MOTION for Summary Judgment , #381 Rule 56.1 Statement, #380 Memorandum in Support (Kramer, Steven) |
| Filing 381 RULE 56.1 STATEMENT re #378 MOTION for Summary Judgment filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 380 MEMORANDUM in Support re #378 MOTION for Summary Judgment filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 379 AFFIDAVIT/DECLARATION in Support re #378 MOTION for Summary Judgment filed by Fairbanks Capital Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (Kramer, Steven) |
| Filing 378 MOTION for Summary Judgment by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 377 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/16/13, before Judge Chen. Court Reporter/Transcriber G. Rudolph, Telephone number 718-613-2538. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/30/2014. Redacted Transcript Deadline set for 2/10/2014. Release of Transcript Restriction set for 4/9/2014. (Rudolph, Gene) |
| Filing 376 MOTION for Extension of Time to File Response/Reply to Summary Judgment by Donna M. Dolan, Michael T. Dolan. (Dahiya, Karamvir) |
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ORDER granting #376 Motion for Extension of Time to File Response/Reply: On consent, the request for an extension of time is granted. The modified briefing schedule set forth in Plaintiff's letter request hereby is SO ORDERED. Ordered by Judge Pamela K. Chen on 12/6/2013. (Doerr, Mark)
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| Minute Entry for proceedings held before Judge Pamela K. Chen: Pre Motion Conference held on 10/16/2013. The parties shall proceed with briefing on Defendant's motion for summary judgment. In accordance with the Court's Individual Practices and Rules, Defendant shall serve the motion upon Plaintiffs on or before November 6, 2013; Plaintiffs shall serve their response upon Defendant by December 6; and Defendant shall file its reply, if any, and the parties shall submit to the Court the fully briefed motion, on or before December 20. (Court Reporter Gene Rudolph.) (Doerr, Mark) |
| Filing 375 Letter in response to defendant pre-motion request by Donna M. Dolan, Michael T. Dolan (Dahiya, Karamvir) |
| Filing 374 MOTION for Extension of Time to File Response/Reply as to Order on Motion to Adjourn Conference by Michael T. Dolan. (Dahiya, Karamvir) |
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ORDER granting #374 Motion for Extension of Time to File Response/Reply: Plaintiff's request is granted. Ordered by Judge Pamela K. Chen on 10/9/2013. (Doerr, Mark)
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| Filing 373 Letter MOTION to Adjourn Conference scheduled for October 16, 2013 at 10:00 a.m. to October 16, 2013 at 3:00 p.m. or later that day if convenient for the Court by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
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ORDER granting #373 Motion to Adjourn Conference on October 16, 2013 at 10:00 a.m. to 3:00 p.m. on that same day. Ordered by Judge Pamela K. Chen on 10/1/2013. (Abdallah, Fida)
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ORDER granting #372 Motion to Adjourn Conference: On consent, Plaintiff's request to adjourn the conference is granted. The premotion conference is adjourned to October 16, 2013 at 10:00 am in Courtroom 4F North. If either party requests a further adjournment, such request must be submitted on or before September 30. Plaintiff hereby is ordered, on or before October 9, to submit a response to Defendant's letter requesting a premotion conference (Dkt. 368) wherein Plaintiff shall set forth the reasons why this action is not barred on the basis of res judicata. Ordered by Judge Pamela K. Chen on 9/3/2013. (Doerr, Mark)
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| Filing 372 Letter MOTION to Adjourn Conference by Donna M. Dolan, Michael T. Dolan. (Dahiya, Karamvir) |
| Filing 371 NOTICE of Appearance by Karamvir Dahiya on behalf of All Plaintiffs (aty to be noticed) (Dahiya, Karamvir) |
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SCHEDULING ORDER: In light of Judge Tomlinson's order granting Plaintiff's request for pro bono counsel (Dkt. 370), the conference currently scheduled for Wednesday, August 7 hereby is adjourned. Pre Motion Hearing set for 9/4/2013 12:00 Noon in Courtroom 4F North before Judge Pamela K. Chen. Ordered by Judge Pamela K. Chen on 8/5/2013. (Doerr, Mark) Modified on 8/6/2013 to correct time. (Abdallah, Fida)
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Filing 370
ORDER granting #367 Motion to Appoint Counsel. SEE ATTACHED ORDER. A copy of this Order is being sent to the pro se plaintiff by mail. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/2/2013. (Tomlinson, A.)
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ORDER granting #369 Motion to Adjourn Conference: The premotion conference regarding Defendants' proposed motion for summary judgment is rescheduled to Wednesday, August 7, 2013 at 1:00 pm in Courtroom 4F North. Ordered by Judge Pamela K. Chen on 7/23/2013. (Doerr, Mark)
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| Filing 369 Letter MOTION to Adjourn Conference of August 1, 2013 by Fairbanks Capital Corporation. (Kramer, Steven) |
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ORDER denying #367 Motion to Change Venue: Plaintiff's motion to reassign this action to Magistrate Judge Tomlinson, which the Court construes as a motion for trial by magistrate by consent pursuant to Fed. R. Civ. Proc. 73, is DENIED. Under Rule 73, all parties must consent to a magistrate conducting a civil action, and Plaintiff fails to establish that Defendant consents thereto. Ordered by Judge Pamela K. Chen on 7/16/2013. (Doerr, Mark)
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SCHEDULING ORDER re #368 Letter filed by Fairbanks Capital Corporation: Pre Motion Conference set for 8/1/2013 at 11:15 AM in Courtroom 4F North before Judge Pamela K. Chen. The Parties shall be prepared to discuss, inter alia, (1) why Plaintiff's amended complaint should not be dismissed on the basis of res judicata arising from the resolution of Plaintiff's claims in the state court matter; and (2) whether Plaintiff is proceeding pro se or through counsel. Ordered by Judge Pamela K. Chen on 7/16/2013. (Doerr, Mark)
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| Filing 368 Letter Requesting Leave to Move for Summary Judgment by Fairbanks Capital Corporation (Kramer, Steven) |
| Filing 367 MOTION to Change Venue , MOTION to Appoint Counsel by Michael T. Dolan. (Siegfried, Evan) |
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Filing 366
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Settlement Conference held on 5/20/2013. Unfortunately, this case is not amenable to settlement at this time. The matter is referred back to Judge Chen for trial. Ordered by Judge A. Kathleen Tomlinson on 5/20/13. (Tomlinson, A.)
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| Judge Pamela K. Chen added. Judge Denis R. Hurley no longer assigned to case. (Gapinski, Michele) |
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ORDER granting #364 Motion to Adjourn Conference. The Settlement Conference is adjourned to May 20, 2013 at 2 p.m. The parties' respective settlement statements are to be submitted ex parte to the Court by May 16, 2013. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/2/2013. (Tomlinson, A.)
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| Filing 365 NOTICE of Appearance by Alan E. Marder on behalf of Michael T. Dolan (aty to be noticed) (Marder, Alan) |
| Filing 364 Letter MOTION to Adjourn Conference by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
| Filing 363 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #362 Order on Motion to Appoint Counsel, (Attachments: #1 Cover Letter with Service of March 27, 2013 Order) (Bhimani, Riyaz) |
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Filing 362
ORDER granting #360 : For the reasons set forth in the attached Order, plaintiff's application is granted to the limited extent that counsel will be appointed for the purpose of representing plaintiff at the upcoming settlement conference before Magistrate Judge A. Kathleen Tomlinson. Counsel for FCC is directed to serve a copy of the attached Order upon pro se plaintiff forthwith and file proof of service on ECF. Ordered by Judge Denis R. Hurley on 3/27/2013. (Monaco, Laura)
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| Filing 361 RESPONSE to Motion re #360 MOTION to Appoint Counsel (with Certificate of Service) filed by Fairbanks Capital Corporation. (Kramer, Steven) |
| Filing 360 Letter MOTION to Appoint Counsel from Michael T. Dolan to Honorable Denis R. Hurley, U.S.D.C. Senior Judge, dated March 21, 2013 re: To request to renew pltff's #200 Motion for Appointment of Counsel. (Fagan, Linda) (Additional attachment(s) added on 3/26/2013: #1 Proof of Service) (Fagan, Linda). Modified on 3/26/2013 (Fagan, Linda). |
| Filing 359 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 3/20/2013. SEE ATTACHED ORDER. (Sofio, Lisa) |
| Filing 358 NOTICE of Appearance by Steven R. Kramer on behalf of Fairbanks Capital Corporation (aty to be noticed) (Kramer, Steven) |
| Filing 357 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation of Court's March 14, 2013 Order (Attachments: #1 Cover Letter with Court's March 14, 2013 Order) (Bhimani, Riyaz) |
| Filing 356 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation of March 13, 2013 Order (Attachments: #1 Cover Letter and March 13, 2013 Order (D.N. 355)) (Bhimani, Riyaz) |
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SCHEDULING ORDER: A telephone conference is scheduled for March 20, 2013 at 2:00 p.m. to discuss the Pre-Trial Order and Pre-Trial Conference. Counsel for defendant is directed to initiate the Call to Chambers with all parties on the line. Counsel for defendants are further directed to serve a copy of this Order on plaintiff pro se forthwith and file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/14/2013. (Sofio, Lisa)
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Filing 355
ORDER re #346 , #347 : For the reasons set forth in the attached Memorandum & Order, PMI's motion for summary judgment is granted in its entirety. FCC's motion for summary judgment is granted in part and denied in part. Plaintiff and FCC are directed to contact Magistrate Judge A. Kathleen Tomlinson to schedule deadlines for the submission of a Joint Pretrial Order and Pretrial Conference. Counsel for FCC is directed serve a copy of the attached Memorandum & Order upon pro se plaintiff forthwith and file proof of service on ECF. Ordered by Judge Denis R. Hurley on 3/13/2013. (Monaco, Laura)
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| Filing 354 REPLY in Opposition re #353 Response in Opposition to Motion, filed by Michael T. Dolan. (Attachments: #1 Proof of Service) (Fagan, Linda) |
| Filing 353 RESPONSE in Opposition re #347 MOTION for Summary Judgment Response in Opposition to "Plaintiff's Motion/Affidavit is Made in Further Support of the Answer in Opposition to Defendant's Summary Judgements" (Docket Entry #352) filed by Fairbanks Capital Corporation. (Attachments: #1 Certificate of Service) (Bhimani, Riyaz) |
| Filing 352 EXHIBIT in further Support re: #348 Response in Opposition to Motion, filed by Michael T. Dolan. (Fagan, Linda) |
| Filing 351 CERTIFICATE of Counsel (Certificate of Service re Summary Judgment Papers) by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 350 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #349 Reply in Support, of Reply Memorandum of Law in Further Support of Select Portfolio Servicing, Inc.'s, formerly known as Fairbanks Capital Corporation, Motion for Summary Judgment (Bhimani, Riyaz) |
| Filing 349 REPLY in Support re #347 MOTION for Summary Judgment Reply Memorandum of Law in Further Support of Select Portfolio Servicing, Inc.'s, formerly known as Fairbanks Capital Corporation, Motion for Summary Judgment filed by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
| Filing 348 RESPONSE in Opposition re #347 MOTION for Summary Judgment , #346 MOTION for Summary Judgment PLAINTIFF'S ANSWER IN OPPOSITION TO DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT filed by Michael T. Dolan. (Bhimani, Riyaz) |
| Filing 347 MOTION for Summary Judgment by Fairbanks Capital Corporation. (Attachments: #1 Rule 56.1 Statement, #2 Declaration of Riyaz G. Bhimani, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Memorandum in Support, #18 Certificate of Service, #19 Notice to Pro Se Litigant Who Opposes a Motion for Summary Judgment, #20 Rule 56 and Local Rule 56.1, #21 Certificate of Service) (Bhimani, Riyaz) |
| Filing 346 MOTION for Summary Judgment by PMI Mortgage Insurance Company, Walnut Creek, CA. (Attachments: #1 Memorandum in Support (PMI Opening Brief), #2 Affidavit in Support (Altieri Declaration), #3 Exhibit (Exh A to Altieri Dec), #4 Exhibit (Exh B to Altieri Dec), #5 Exhibit (Exh C to Altieri Dec), #6 Exhibit (Exh D to Altieri Dec), #7 Affidavit (Shuster Declaration w Exhibits), #8 Affidavit (Katzman Declaration), #9 Rule 56.1 Statement (PMI Rule 56.1 Statement), #10 Memorandum in Support (PMI Reply Brief)) (Altieri, John) |
| Filing 345 RESPONSE in Opposition re: Defts' motions for summary judgment (Served May 20, 2011 but not filed. ) filed by Michael T. Dolan. (Fagan, Linda) |
| Filing 344 NOTICE of Appearance by Samuel P. Trumbull on behalf of Fairbanks Capital Corporation (aty to be noticed) (Trumbull, Samuel) |
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Filing 343
ORDER granting #339 Motion for Leave to Appear. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/23/2012. (Sofio, Lisa)
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| Filing 342 NOTICE of Appearance by Dorothy Ann Davis on behalf of Fairbanks Capital Corporation (aty to be noticed) (Davis, Dorothy) |
| Filing 341 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation of March 16, 2012 Order (Attachments: #1 Cover Letter, #2 March 16, 2012 Order) (Bhimani, Riyaz) |
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ORDER re #340 : The Court hereby sets the following briefing schedule on SPS and PMI's motions for summary judgment: Opposition papers shall be served (not filed) on or before May 15, 2012; Defendants shall serve reply papers and file all papers with the Court, including a courtesy copy to Chambers, on or before June 11, 2012. After consultation with Judge Tomlinson's Chambers, the deadline for filing the Joint Pretrial Order and the Pretrial Conference are adjourned pending a decision on the motions. Once the motions are resolved, the parties are to contact Judge Tomlinson's Chambers to set new dates. Counsel for SPS is directed to serve a copy of this Order upon plaintiff pro se forthwith and file proof of service on ECF. Ordered by Senior Judge Denis R. Hurley on 3/16/2012. (Monaco, Laura)
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| Filing 340 Letter requesting briefing schedule on defendants' motions for summary judgment by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 339 Notice of MOTION for Leave to Appear Pro Hac Vice of Samuel P. Trumbull Filing fee $ 25, receipt number 0207-5358712. by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
| Filing 338 NOTICE of Appearance by Riyaz Gulam Bhimani on behalf of Fairbanks Capital Corporation. (aty to be noticed) (Bhimani, Riyaz) Modified on 3/16/2012 to correct docket text. Incorrect document attached. Attached motion re-filed as doc. #339. (Mahon, Cinthia). |
| Filing 337 Letter from Michael T. Dolan to Honorable Denis R. Hurley, U.S.D.C. Senior Judge, dated February 28, 2012 in Response re: The Court's 2/21/2012 ORDER regarding [333 Letter] (Fagan, Linda) |
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ORDER re #334 Notice. The Clerks' Office is requested to terminate Attorney Jessica Priselac as counsel of record for Defendant Fairbanks Capital Corp. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/22/2012. (Spatola, Richard)
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| Filing 336 Letter of Rebuttal from Michael T. Dolan to The Honorable A. Kathleen Tomlinson, U.S.D.C. Magistrate Judge, dated February 21, 2012 re: "Deft SPS use of Expert Witness Report". (Attachments: #1 part II) (Fagan, Linda) |
| Filing 335 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation (Attachments: #1 Cover letter to service of February 21, 2012 order, #2 February 21, 2012 order, #3 February 17, 2012 letter) (Bhimani, Riyaz) |
| Filing 334 NOTICE by Fairbanks Capital Corporation re #240 Notice of Appearance of Withdrawal of Appearance of Jessica Ann Priselac (Bhimani, Riyaz) |
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ORDER re #333 Letter filed by Fairbanks Capital Corporation. Plaintiff shall file a brief response to defendants' scheduling request (see letter dated 2/17/12) by 2/29/12. Defendants shall serve plaintiff pro se with a copy of this Order as well as the subject request and file proof of same. Ordered by Senior Judge Denis R. Hurley on 2/21/2012. (Malley, Sean)
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| Filing 333 Letter application for briefing schedule on defendants' summary judgment motions by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Motions terminated, docketed incorrectly: #332 MOTION for Disclosure filed by Fairbanks Capital Corporation. (Montero, Edher) |
| Filing 332 MOTION for Disclosure by Fairbanks Capital Corporation. (Attachments: #1 Exhibit A -- Report of James F. Lynn, #2 Exhibit B -- Supplemental Information to the Report of James F. Lynn, #3 Exhibit C -- Resume of James F. Lynn, #4 Certificate of Service) (Bhimani, Riyaz) |
| Filing 331 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #330 Order on Motion for Extension of Time to Complete Discovery, (Priselac, Jessica) |
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Filing 330
ORDER granting #329 Motion for Extension of Time to Complete Discovery: Attorney Priselac is directed to serve a copy of this Order upon plaintiff pro se forthwith and to file proof of service on ECF. (Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/23/11). (Montero, Edher)
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| Filing 329 MOTION for Extension of Time to Complete Discovery by Fairbanks Capital Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Bhimani, Riyaz) |
| Filing 328 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #327 Order dated December 21, 2011 (Bhimani, Riyaz) |
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Filing 327
ORDER. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/21/2011. (Sofio, Lisa)
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| Filing 326 Letter to Judge Tomlinson dated 12/20/11 by Fairbanks Capital Corporation (Attachments: #1 Letter to Plaintiff dated 12/19/11, #2 Certificate of Service) (Bhimani, Riyaz) |
| Filing 325 Letter to U.S. Magistrate Judge A. Kathleen Tomlinson dated December 16,2011 by Fairbanks Capital Corporation (Attachments: #1 Certificate of Service) (Bhimani, Riyaz) |
| Filing 324 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation of the Electronic Order of U.S. Magistrate Judge A. Kathleen Tomlinson, dated December 13, 2011 (Bhimani, Riyaz) |
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ORDER. The Court's December 8, 2011 Order, DE #322 , did not specify the date by which Defendant SPS's response to Item No. 1 in Plaintiff's letter is due by. The affidavit described on page 3 of the Court's December 8 Order, if necessary, must be provided by December 20, 2011. Counsel for SPS is directed to serve a copy of this Electronic Order on Plaintiff. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/13/2011. (Sofio, Lisa)
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| Filing 323 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #322 Order on Motion for Leave to File, Order on Motion for Reconsideration,, (Bhimani, Riyaz) |
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Filing 322
ORDER granting #313 Motion for Leave to File; granting #316 Motion for Reconsideration; re #321 Letter. SEE ATTACHED ORDER for my detailed rulings. A Pretrial Conference is scheduled for April 23, 2012. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/8/2011. (Sofio, Lisa)
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| Filing 321 Letter from Michael T. Dolan to Honorable A. Kathleen Tomlinsohn, U.S.D.C. Magistrate Judge, dated November 16, 2011 re: re: Objecting to Deft SPS response in their letter dated November 10, 2011. (Fagan, Linda) |
| Filing 320 Letter from Michael T. Dolan to Honorable A. Kathleen Tomlinson, U.S.D.C. Magistrate Judge, dated November 16, 2011 re: Objecting to Deft SPS request for additional documents ("1990's years of income" ) made in their letter, dated November 7, 2011. (Fagan, Linda) |
| Filing 319 Letter from Michael T. Dolan to Hon. to Honorable A. Kathleen Tomlinson, U.S.D.C. Magistrate Judge, dated November 11, 2011 re: Objecting to Deft SPS use of Expert Witness Report. (Attachments: #1 Part II) (Fagan, Linda) |
| Filing 318 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #317 Scheduling Order, (Priselac, Jessica) |
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Filing 317
SCHEDULING ORDER: re #316 Letter MOTION for Reconsideration re #290 Order,, filed by Fairbanks Capital Corporation. Plaintiff's opposition to Fairbankss motion for reconsideration must be filed by no later than November 16, 2011. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/8/2011. (Sofio, Lisa)
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| Filing 316 Letter MOTION for Reconsideration re #290 Order,, by Fairbanks Capital Corporation. (Attachments: #1 Certificate of Service, #2 Exhibit A) (Priselac, Jessica) |
| Filing 315 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #314 Scheduling Order, (Priselac, Jessica) |
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Filing 314
SCHEDULING ORDER: re #313 Letter MOTION for Leave to File An Expert Report filed by Fairbanks Capital Corporation.Plaintiff's opposition to Fairbanks's motion for leave to file an expert report must be filed by no later than November 11, 2011. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/7/2011. (Sofio, Lisa)
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| Filing 313 Letter MOTION for Leave to File An Expert Report by Fairbanks Capital Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit C, #5 Certificate of Service) (Priselac, Jessica) |
| Filing 312 Letter from pro se plaintiff to chambers dtd. 10/14/11. (Montero, Edher) |
| Filing 311 Letter from Ecker Seamans dtd. 10/11/11 to Pro se Plaintiff. (Montero, Edher) |
| Filing 310 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 309 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #307 Status Conference (Bhimani, Riyaz) |
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Filing 308
ORDER amending #307 Status Conference. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/1/2011. (Sofio, Lisa)
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| Filing 307 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 10/31/2011. SEE ATTACHED ORDER for my detailed rulings regarding plaintiff's October 14, 2011 letter. (Sofio, Lisa) |
| Filing 306 AFFIDAVIT of Service for Order dated October 27, 2011 (under Document 305) served on Michael T. Dolan on October 27, 2011, filed by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
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Filing 305
SCHEDULING ORDER: Due to a conflict in the Courts calendar, the telephone status conference scheduled for October 26, 2011 at 3:30 p.m. to discuss the contents of Plaintiffs October 14, 2011 letter is hereby ADJOURNED to October 31, 2011 at 10:30 a.m. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/27/2011. (Sofio, Lisa)
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| Filing 304 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #303 Scheduling Order, (Bhimani, Riyaz) |
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Filing 303
SCHEDULING ORDER: A telephone conference is hereby scheduled for October 26, 2011 at 3:30 p.m. to discuss the contents of Plaintiff's October 14, 2011 letter. Counsel for the Fairbanks Defendants are directed to serve a copy of this Order on Plaintiff pro se forthwith and file proof of service on ECF. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/21/2011. (Sofio, Lisa)
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| Filing 302 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #301 Status Conference, Service of Civil Conference Minute Order from October 19, 2011 Status Conference By Telephone (Bhimani, Riyaz) |
| Filing 301 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 10/19/2011. SEE ATTACHED ORDER for my detailed rulings. Counsel for defendant Fairbanks is directed to serve a copy of this Order on plaintiff pro se forthwith and to file proof of service on ECF. (Sofio, Lisa) |
| Filing 300 AFFIDAVIT of Service for Civil Conference Minute Order of 10/03/11 Telephone Status Conference served on Michael T. Dolan on October 19, 2011, filed by Fairbanks Capital Corporation. (Priselac, Jessica) |
| Filing 299 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 10/03/2011. SEE ATTACHED ORDER. (Sofio, Lisa) |
| Filing 298 NOTICE of Appearance by Edmund J. Boutin on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (notification declined or already on case) (Boutin, Edmund) |
| Filing 297 PROOF OF SERVICE by Michael T. Dolan (Padilla, Kristin) |
| Filing 296 Letter from pro se Plaintiff to Judge Tomlinson dated 9/30/11. (Montero, Edher) |
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Filing 294
ORDER. The Court has received a letter from Plaintiff dated September 26, 2011 attaching various documents. Some of the attachments contain personal data identifiers (social security numbers, tax identification numbers, and financial account numbers) that the Court is barred from filing electronically by Administrative Order 2004-09 of the United States District Court for the Eastern District of New York. SEE ATTACHED ORDER for further information. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/30/2011. (Sofio, Lisa)
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| Filing 293 Letter dated September 29, 2011 by Fairbanks Capital Corporation (Attachments: #1 Affidavit of Service) (Priselac, Jessica) |
| Filing 295 Status Letter from pro se plaintiff dated 9/26/11. Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix) (Montero, Edher) |
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Filing 292
ORDER granting #289 Motion for Leave to Appear. Attorney Edmund J. Boutin is permitted to argue or try this case in whole or in part ascounsel or advocate. By October 4, 2011, Mr. Boutin shall register for ECF. Registration isavailable online at the EDNYs homepage. Once registered, Mr. Boutin shall file a notice ofappearance and ensure that he receives electronic notification of activity in this case. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/20/2011. (Sofio, Lisa)
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| Filing 291 CERTIFICATE of Counsel re #290 Order,, certificate of service by Jessica Priselac on behalf of Fairbanks Capital Corporation (Priselac, Jessica) |
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Filing 290
ORDER. The parties contacted me today during the deposition of Plaintiff Michael T. Dolan. Counsel for Defendants made several applications. The full rulings of the Court are included in the record of the transcript taken by the court reporter transcribing the testimony. SEE ATTACHED ORDER for a brief summary of the rulings. Attorney Priselac is directed to serve a copy of this Order on Plaintiff pro se forthwith and file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/14/2011. (Sofio, Lisa)
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| Filing 289 MOTION for Leave to Appear Pro Hac Vice for Edmund J. Boutin Filing fee $ 25, receipt number 0207-5005127. by PMI Mortgage Insurance Company, Walnut Creek, CA. (Attachments: #1 Declaration Boutin Declaration, #2 Exhibit Boutin Cert. of Good Standing, #3 Proposed Order Proposed Order, #4 Notice of Motion Notice of Motion) (Altieri, John) |
| Filing 288 Letter from pro se plaintiff dated 8/31/11. (Montero, Edher) |
| Filing 286 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #285 Letter (Bhimani, Riyaz) |
| Filing 285 Letter to plaintiff regarding information reported to credit reporting agencies regarding plaintiff's loan by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 284 CERTIFICATE of Counsel Certificate of Service of D.E. 280 by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 283 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on AUGUST 22, 2011, CIVIL CAUSE FOR CONFERENCE HELD before MAG. JUDGE A KATHLEEN TOMLINSON. Court Reporter/Transcriber LINDA FERRARA @ TRANSCRIPTION PLUS II, INC. 3859 TIANA STREET SEAFORD, NEW YORK. 11783, Telephone number LINDA FERRARA (718) 987-4285. Email address: transcriptions2@verizon.net. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2011. Redacted Transcript Deadline set for 9/26/2011. Release of Transcript Restriction set for 11/22/2011.KEITH ANGELO JONES. (Jones, Keith) |
| Filing 282 CERTIFICATE of Counsel of August 22, 2011 Civil Conference Minute Order by Jessica Priselac on behalf of Fairbanks Capital Corporation (Priselac, Jessica) |
| Filing 281 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on 8/22/2011. THE FOLLOWING RULINGS WERE MADE: It was determined that plaintiff Dolan's deposition would end for the day and would resume on September 14, 2011. Fairbanks' counsel will provide the Diane Weinberger-related documents to plaintiff pro se by this Wednesday, August 24, 2011. Ms. Weinberger's deposition will proceed on September 8, 2011 as agreed by all parties today. Attorney Priselac will provide a letter to the plaintiff, with a copy to the Court, confirming that Fairbanks has produced all of the documents in its possession, custody and control in relation to Balboa and the plaintiff and that no other documents exist as far as Fairbanks is aware. That letter is to be provided promptly. Attorney Priselac is directed to serve a copy of this Order upon plaintiff pro se forthwith and to file proof of service on ECF. (Sofio, Lisa) |
| Filing 280 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on 8/15/2011. THE FOLLOWING RULINGS WERE MADE: I advised Mr. Dolan that certain written questions he proposed to send to witnesses were improper based upon either their lack of relevancy to the claims and/or defenses in the case, that the answers in certain cases called for a legal conclusion, that certain questions were leading and assumed facts not in evidence, provided inappropriate characterizations, etc. The following questions for Mr. Katzman were precluded by my ruling: 1, 7, 9, 18, 19, 23, 26, 27, 29, 31 and 32. The other questions, as edited, are permitted and the witness will proceed to answer them. Counsel for defendant PMI is directed to serve a copy of this Order upon the plaintiff pro se forthwith and to file proof of service on ECF. SEE ATTACHED ORDER for further information. (Sofio, Lisa) |
| Filing 279 CERTIFICATE of Counsel Certificate of Service of Answers to Written Deposition Questions by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 278 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on AUGUST 10, 2011,CIVIL CAUSE FOR CONFERENCE HELD before MAG. JUDGE A. KATHLEEN TOMLINSON. Court Reporter/Transcriber ELIZABETH BARRON OF ARIA TRANSCRIPTIONS @102 sparrow ridge road Carmel, New York. 10512, Telephone number (215) 767-7700. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/7/2011. Redacted Transcript Deadline set for 9/19/2011. Release of Transcript Restriction set for 11/15/2011.KEITH ANGELO JONES. (Jones, Keith) |
| Filing 287 Letter from pro se plaintiff re: deposition schedules (Montero, Edher) |
| Filing 277 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #276 Telephone Conference, (Bhimani, Riyaz) |
| Filing 276 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Telephone Conference held on 8/10/2011. SCHEDULING: The next conference will be held by telephone on October 3, 2011. SEE ATTACHED ORDER for a summary of the rulings made at today's conference. Counsel for Fairbanks is directed to serve a copy of the attached Order forthwith upon plaintiff pro se and to file proof of service on ECF. (Reifman, Marli) |
| Filing 274 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #273 Scheduling Order, (Bhimani, Riyaz) |
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Filing 273
SCHEDULING ORDER: The telephone status conference currently scheduled for today is hereby ADJOURNED to August 10, 2011. Counsel for Defendant Fairbanks is directed to get all parties on the line and initiate the call to Chambers. Counsel for Defendant Fairbanks is further directed to serve a copy of this Order on Plaintiff pro se forthwith and to file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/8/2011. (Reifman, Marli)
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| Filing 272 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #271 Status Report, Select Portfolio Servicing, Inc.'s Response to Plaintiff's "Letter to Chambers" dated July 28, 2011 (Bhimani, Riyaz) |
| Filing 271 STATUS REPORT Select Portfolio Servicing, Inc.'s Response to Plaintiff's "Letter to Chambers" dated July 28, 2011 by Fairbanks Capital Corporation (Attachments: #1 Exhibit A -- Plaintiff's July 28, 2011 "Letter to Chambers", #2 Exhibit B -- SPS Letter) (Bhimani, Riyaz) |
| Filing 270 Letter to Judge Tomlinson enclosing documents in advance of conference. (Montero, Edher) |
| Filing 269 CERTIFICATE of Counsel re #268 Letter, Select Portfolio Servicing Inc.'s Status Report Regarding Deposition Scheduling dated August 3, 2011 by Riyaz Gulam Bhimani on behalf of Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 268 Letter Select Portfolio Serving, Inc.'s Status Report Regarding Deposition Scheduling by Fairbanks Capital Corporation (Attachments: #1 Exhibit A -- August 2, 2011 Letter to Plaintiff, #2 Exhibit B -- Notice of Deposition to Plaintiff, #3 Exhibit C -- Notice of Subpoena) (Bhimani, Riyaz) |
| Filing 267 CERTIFICATE of Counsel re #266 Scheduling Order,, Service upon plaintiff pro se by Riyaz Gulam Bhimani on behalf of Fairbanks Capital Corporation (Bhimani, Riyaz) |
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Filing 266
SCHEDULING ORDER: The Court has reviewed the recent letters of the parties. In light of the issues outlined therein, a telephone status conference is hereby set for August 8, 2011. Counsel for Fairbanks is directed to get all parties on the line and initiate the call the Chambers. Counsel for Fairbanks is further directed to serve a copy of the attached Order on Plaintiff pro se forthwith and to file proof of service on ECF. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/2/2011. (Reifman, Marli)
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| Filing 265 CERTIFICATE of Counsel re #262 Letter Certificate of Service of D.E. 262 by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
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Filing 264
ORDER granting #258 Motion for Leave to Appear. Attorney Dorothy A. Davis is permitted to argue or try this case in whole or in part as counsel or advocate. By August 15, 2011, Ms. Davis shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Davis shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Counsel for Fairbanks is directed to serve a copy of this Order on Plaintiff pro se forthwith and to file proof of service on ECF. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 8/1/2011. (Reifman, Marli)
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| Filing 275 Letter from Michael T. Dolan to Honorable A. Kathleen Tomlinson, U.S.D.C., dated July 28, 2011 re: To notify the Court that defts have not complied with this Court's Order, dated 7/12/2011, with respect to discovery documents. (Fagan, Linda) (Main Document 275 replaced on 8/9/2011) (Fagan, Linda). |
| Filing 263 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on JULY 12, 2011, CIVIL CAUSE FOR TELEPHONIC CONFERENC HELD before MAG. JUDGE A. KATHLEEN TOMLINSON. Court Reporter/Transcriber RUTH ANN HAGER @ TYPEWRITE WORD PROCESSING SERVICE 211 N. MILTON ROAD SARATOGA SPRINGS, NEW YORK. 12866, Telephone number RUTH ANN HAGER C/O SHARI RIEMER (718) 967-1401 or (518) 581-8973; FAX (718) 967-4843. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2011. Redacted Transcript Deadline set for 8/29/2011. Release of Transcript Restriction set for 10/26/2011.KEITH ANGELO JONES. (Jones, Keith) |
| Filing 262 Letter Report by PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 261 Letter Status Report regarding Deposition Scheduling and Response to Plaintiff's "Letter of Additional Information for Request from Defendants on their Unreleased Discovery Documents" by Fairbanks Capital Corporation (Attachments: #1 US District Court of Massachusetts Settlement Agreement and Release, #2 Letter dated July 15, 2011, #3 Letter dated July 26, 2011, #4 Letter dated July 28, 2011, #5 Affidavit of service) (Bhimani, Riyaz) |
| Filing 260 Letter to Plaintiff in compliance with July 12, 2011 order by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 258 Notice of MOTION for Leave to Appear Pro Hac Vice by Riyaz Bhimani Filing fee $ 25, receipt number 0207-4916407. by Fairbanks Capital Corporation. (Attachments: #1 Affidavit in Support of Dorothy A Davis, #2 Affidavit of Dorothy A Davis, #3 Certificate of Good Standing, #4 Proposed Order, #5 Affidavit of Service) (Bhimani, Riyaz) |
| Filing 259 Letter from Michael T. Dolan to Honorable A. Kathleen Tomlinson, U.S.D.C. Magistrate Judge, dated 7/18/2011 re: To supply the Court with additional information regarding Fairbanks Capital Corp., Select Portfolio Servicing - 2003' - 2007' USDC-MA Modified Settlement Agreement, as per the Court's Order, dated 7/12/11. " (Fagan, Linda) |
| Filing 257 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #256 Status Conference,, of July 12, 2011 Civil Conference Minute Order (Bhimani, Riyaz) |
| Filing 256 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 7/12/2011. THE FOLLOWING RULINGS WERE MADE: (1) The Defendants' 30(b)(6) depositions, as well as Plaintiff's deposition, must be completed by August 22. (2) I set the following schedule for the remainder of the summary judgment briefing: Plaintiff's Opposition to Defendants' Motions for Summary Judgment shall be served by: September 26, 2011; Defendants' Reply Briefs shall be served by: October 18, 2011. SEE ATTACHED ORDER FOR FURTHER DIRECTIVES AND INFORMATION. Attorney Priselac is directed to serve a copy of this Order on Plaintiff pro se and to file proof of service on ECF. (Reifman, Marli) |
| Filing 255 STATUS REPORT by PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 254 Letter from pro se plaintiff-re: topics for deposing defendants' witnesses. (Montero, Edher) |
| Filing 253 CERTIFICATE of Counsel Certificate of Service of Doc. 252 by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
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Filing 252
ORDER. SEE ATTACHED ORDER for rulings on outstanding discovery disputes. Counsel for Defendant PMI is directed to serve a copy of the attached Order on Plaintiff pro se forthwith and to file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 6/15/2011. (Reifman, Marli)
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| Filing 251 NOTICE of Appearance by Geraldine Ann Cheverko on behalf of Fairbanks Capital Corporation (aty to be noticed) (Cheverko, Geraldine) |
| Filing 250 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on APRIL 28, 2011, CIVIL CAUSE FOR CONFERENCE HELD before MAG. JUDGE A. KATHLEEN TOMLINSON. Court Reporter/Transcriber ELIZABETH BARRON @ ARIA TRANSCRIPTIONS 102 SPARROW RIDGE ROAD CARMEL, NEW YORK. 10512, Telephone number ELIZABETH BARRON (215) 767-7700. Tape Number: FTR/DRIVE/TIME:. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/16/2011. Redacted Transcript Deadline set for 6/27/2011. Release of Transcript Restriction set for 8/24/2011.KEITH ANGELO JONES. (Jones, Keith) |
| Filing 249 Letter to U.S.M.J. Tomlinson re: SPS's Objection to Plaintiff's Deposition List by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 248 Amended ANSWER to Complaint Plaintiff's Second Amended and Third Amended Complaints on behalf of Select Portfolio Servicing, Inc., formerly known as Fairbanks Capital Corporation by Fairbanks Capital Corporation. (Attachments: #1 Certificate of Service) (Bhimani, Riyaz) |
| Filing 246 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation (Attachments: #1 Cover Letter, #2 May 18, 2011 Order Granting SPS's Motion for Leave to File and Serve Amended Answer to Plaintiff's Second Amended and Third Amended Complaints, #3 ECF notice of order granting motion) (Bhimani, Riyaz) |
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Filing 244
ORDER granting #242 : For the reasons set forth in the attached Memorandum & Order, FCC's motion for leave to serve and file an Amended Answer to the Second and Third Amended Complaints is granted. FCC is directed to serve and file the Amended Answer within ten (10) days of the date of this Order. Counsel for FCC is directed to serve a copy of this Memorandum & Order upon Plaintiff Pro Se forthwith and file proof of service on ECF. Ordered by Senior Judge Denis R. Hurley on 5/18/2011. (Monaco, Laura)
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| Filing 245 Letter to Judge Tomlinson from Pro Se Plaintiff-re: depositions. (Montero, Edher) |
| Filing 243 AFFIDAVIT/DECLARATION in Support re #242 MOTION to Amend/Correct/Supplement Motion for Leave to File and Serve the Amended Answer to Plaintiff's Second Amended and Third Amended Complaints (Notice of Motion) MOTION to Amend/Correct/Supplement Motion for Leave to File and Serve the Amended Answer to Plaintiff's Second Amended and Third Amended Complaints (Notice of Motion) Declaration of Riyaz G. Bhimani in Further Support of Motion filed by Fairbanks Capital Corporation. (Attachments: #1 Certificate of Service) (Bhimani, Riyaz) |
| Filing 242 MOTION to Amend/Correct/Supplement Motion for Leave to File and Serve the Amended Answer to Plaintiff's Second Amended and Third Amended Complaints (Notice of Motion) by Fairbanks Capital Corporation. (Attachments: #1 Declaration of Riyaz G. Bhimani in Support of Motion, #2 Exhibit A (part 1), #3 Exhibit A (part 2), #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Memorandum in Support, #8 Certificate of Service) (Bhimani, Riyaz) |
| Filing 241 Letter to U.S.M.J. Tomlinson re: remaining unresolved discovery issues between Plaintiff and SPS by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 247 Letter from pro se Plaintiff to Judge Tomlinson (Attachments are filed in hard copy in chambers file). (Montero, Edher) |
| Filing 240 NOTICE of Appearance by Jessica Priselac on behalf of Fairbanks Capital Corporation (aty to be noticed) (Priselac, Jessica) |
| Filing 239 CERTIFICATE of Counsel Certificate of Service re DE 237 by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 238 CERTIFICATE of Counsel Certificate of Service for May 2 Order re DE 234 and 236 by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
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Filing 237
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 4/28/2011. The rulings issued at today's conference are set forth in the ATTACHED ORDER. Counsel for Defendant PMI is directed to serve a copy of this Order upon Plaintiff pro se forthwith either (A) by overnight mail and regular mail or (B) by fax and regular mail and to file proof of service on ECF. Ordered by Judge A. Kathleen Tomlinson on 4/28/11. (Tomlinson, A.)
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ORDER re #236 , #234 : Defendants PMI and SPS request, by separate letters dated April 29, 2011, an extension of time through May 20, 2011 to serve their respective motion papers. Based on Defendants' representations that Plaintiff Pro Se has consented to these requests, the applications are granted. The parties are directed to inform the Court when Plaintiff has completed his depositions so the Court may set the remainder of the briefing schedules. Counsel for PMI is directed to serve a copy of this Order upon Plaintiff Pro Se forthwith and file proof of service on ECF. Ordered by Senior Judge Denis R. Hurley on 5/2/2011. (Monaco, Laura)
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| Filing 236 Letter Application for an Extension of Time until May 20, 2011 for SPS to Move for Summary Judgment by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 235 CERTIFICATE of Counsel Certificate of Service of DE 234 by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 234 Letter Application for an Extension of Time until May 20, 2011 to Serve PMI's Summary Judgment Motion by PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
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Filing 233
ORDER granting #231 Motion for Leave to Appear. Attorney Jessica Ann Priselac is permitted to argue or try this case in whole or in part as counsel or advocate. By May 12, 2011, Ms. Priselac shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Priselac shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 4/28/2011. (Reifman, Marli)
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| Filing 232 Letter from pro se plaintiff. (Montero, Edher) |
| Filing 231 Notice of MOTION for leave to Appear Pro Hac Vice by Riyaz Bhimani on behalf Fairbanks Capital Corporation. (Attachments: #1 Affidavit in Support Affidavit of Jessica Ann Priselac, #2 Certificate of Good Standing, #3 Affidavit of Service) (Bhimani, Riyaz) Modified on 4/25/2011. Counsel inadvertently filed under the incorrect docketing event. (Coleman, Laurie). (Additional attachment(s) added on 4/27/2011: #4 Receipt for Payment) (Fagan, Linda). |
| Filing 230 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation of Order re #229 Granting SPS Leave to Move for Summary Judgment (Attachments: #1 Cover Letter, #2 Order re #229 Granting SPS Leave to Move for Summary Judgment) (Bhimani, Riyaz) |
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ORDER re #229 : For the reasons set forth in the Court's April 1, 2011 Order, SPS is granted leave to move for summary judgment as follows: SPS shall serve (but not file) moving papers on or before May 2, 2011. The parties are directed to inform the Court when Plaintiff has completed his depositions so the Court may set the remainder of the briefing schedule. Counsel for SPS is directed to serve a copy of this Order upon Plaintiff Pro Se forthwith and file proof of service on ECF. Ordered by Senior Judge Denis R. Hurley on 4/8/2011. (Monaco, Laura)
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| Filing 229 Letter Application for a Pre-Motion Conference with respect to the filing of a Motion for Summary Judgment --for leave to move for Summary Judgment by Fairbanks Capital Corporation. (Bhimani, Riyaz) Modified on 4/7/2011 (Fagan, Linda). |
| Motions terminated, docketed incorrectly: #229 Letter MOTION for Summary Judgment --for leave to move for Summary Judgment filed by Fairbanks Capital Corporation. ( The document should have been filed as a "LETTER" application, and the Court will address the document as such. All corrections have been made.) (Fagan, Linda) |
| Filing 228 CERTIFICATE of Counsel (Certificate of Service of Order re 224) by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
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ORDER re #224 : The Court has reviewed Defendant PMI's March 28, 2011 letter, as well as the Civil Conference Minute Order from the parties' March 18, 2011 status conference before Magistrate Judge Tomlinson, which was referenced in PMI's letter. PMI is granted leave to move for summary judgment as follows: PMI shall serve (but not file) moving papers on or before May 2, 2011. The parties are directed to inform the Court when Plaintiff has completed his depositions so the Court may set the remainder of the briefing schedule. Counsel for PMI is directed to serve a copy of this Order upon Plaintiff Pro Se forthwith and file proof of service on ECF. Ordered by Senior Judge Denis R. Hurley on 4/1/2011. (Monaco, Laura)
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| Filing 227 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation (Attachments: #1 Cover Letter, #2 March 29, 2011 Order Adopting Briefing Schedule) (Bhimani, Riyaz) |
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ORDER re #222 : The Court has received Defendant SPS's March 28, 2011 letter. The parties' proposed briefing schedule for SPS's motion to amend, as set forth therein, is hereby adopted. Counsel for Defendant SPS is directed to serve a copy of this Order upon Plaintiff Pro Se forthwith and file proof of service on ECF. Ordered by Senior Judge Denis R. Hurley on 3/29/2011. (Monaco, Laura)
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| Incorrect Case/Document/Entry Information. Document #222 Letter has been deleted. (A duplicate document was filed as document #223 with the text altered. Document #223 will be edited to #222 and subsequent document numbers will also be edited to the correct sequence of document numbers. All corrections have been made) (Fagan, Linda) |
| Motions terminated, docketed incorrectly: #224 Letter MOTION for Leave to File Motion for Summary Judgment filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (The document should have been filed as a LETTER application for a pre-motion conference, and the Court will address the document as such. All corrections have been made.) (Fagan, Linda) |
| Filing 226 Letter Discovery Status Report by PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) Modified on 3/29/2011 (Fagan, Linda). |
| Filing 225 CERTIFICATE of Counsel Certificate of Service of D.E. 225 by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) Modified on 3/29/2011 (Fagan, Linda). |
| Filing 224 Letter Application for a Pre-Motion Conference with respect to the Filing of a Motion for Summary Judgment by PMI Mortgage Insurance Company, Walnut Creek, CA. (Altieri, John) Modified on 3/29/2011 (Fagan, Linda). Modified on 3/29/2011 (Fagan, Linda). |
| Filing 223 REVISED DEPOSITION LIST by Michael T. Dolan. (Fagan, Linda) Modified on 3/29/2011 (Fagan, Linda). |
| Filing 222 Letter to USDJ Hurley submitting agreed to briefing schedule for SPS's motion for leave to file and serve an amended answer to Plaintiff's Second Amended and Third Amended Complaints by Fairbanks Capital Corporation (Bhimani, Riyaz) Modified on 3/29/2011 (Fagan, Linda). |
| Filing 221 Letter Report to Magistrate Tomlinson re: Outstanding Discovery Issues by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 220 CERTIFICATE of Counsel Certificate of Service of Document 219 by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 219 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 3/18/2011. SCHEDULING: The next conference will be held by telephone on April 28, 2011. Counsel for PMI is directed to serve the attached Order on Plaintiff forthwith and to file proof of service on ECF. SEE ATTACHED ORDER FOR FURTHER RULINGS AND INFORMATION. (Reifman, Marli) |
| Filing 218 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation of Courts January 26, 2011 order, which adjourned the January 28, 2011 status conference to March 18, 2011 at 2:30 p.m. (Attachments: #1 Cover letter, #2 January 26, 2011 order, which adjourned the January 28, 2011 status conference to March 18, 2011 at 2:30 p.m., #3 ECF notice of Courts January 26, 2011 order, which adjourned the January 28, 2011 status conference to March 18, 2011 at 2:30 p.m) (Bhimani, Riyaz) |
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Filing 217
ORDER granting #215 Motion to Adjourn Conference. In light of Judge Hurley's Order appointing counsel to Plaintiff (DE 213), the status conference currently scheduled for January 28, 2011 is hereby ADJOURNED to March 18, 2011. SEE ATTACHED ORDER. Counsel for Defendants is directed to serve the attached Order on Plaintiff Pro Se forthwith and to file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/26/2011. (Reifman, Marli)
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| Filing 216 RESPONSE in Opposition re {208] Letter Application, filed by Michael T. Dolan. (Fagan, Linda) |
| Filing 215 Letter MOTION to Adjourn Conference scheduled for January 28, 2011 at 2:00 p.m. by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
| Filing 214 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation of Court's January 26, 2011 order granting plaintiff's motion to appoint counsel (Attachments: #1 Cover Letter with service of January 26, 2011 order, #2 January 26, 2011 order, #3 ECF text-portion of January 26, 2011 order) (Bhimani, Riyaz) |
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Filing 213
ORDER granting #200 : For the reasons set forth in the attached Order, Plaintiff's motion to appoint counsel is GRANTED. Once Plaintiff's appointed counsel files a notice of appearance, the parties are directed to submit a joint proposed briefing schedule for Defendant's motion to amend for Court endorsement. Counsel for Defendant is directed to serve a copy of the attached Order upon Plaintiff Pro Se forthwith. Ordered by Senior Judge Denis R. Hurley on 1/26/2011. (Monaco, Laura)
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ORDER re #212 : The Court is in receipt of Defendant's January 20, 2011 letter. The Court waives its pre-motion conference requirement and grants Defendant leave to file a motion to amend the Answer. Plaintiff's motion to appoint counsel remains pending, however. Accordingly, a briefing schedule will be set by the Court when Plaintiff's motion to appoint counsel is resolved. Ordered by Senior Judge Denis R. Hurley on 1/21/2011. (Monaco, Laura)
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| Filing 212 Letter to USDJ Hurley submitting agreed to briefing schedule for SPS's motion for leave to file and serve an amended answer to Plaintiff's Second Amended and Third Amended Complaints by Fairbanks Capital Corporation (Bhimani, Riyaz) |
| Filing 211 RESPONSE in Opposition re #207 Notice of MOTION to Amend/Correct/Supplement and for Leave to File and Serve Amended Answer to Plaintiff's Second Amended and Third Amended Complaints, filed by Donna M. Dolan. (Fagan, Linda) |
| Filing 210 Letter Follow Up re Nov. 17, 2010 Conference by PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
| Filing 209 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation of Court's December 30, 2010 order (Attachments: #1 Cover letter to plaintiff requesting call to discuss briefing schedule, #2 December 30, 2010 order) (Bhimani, Riyaz) |
| Motions terminated, docketed incorrectly: #208 Letter MOTION for pre motion conference to file and serve amended answer to Plaintiff's Second Amended and Third Amended Complaints filed by Fairbanks Capital Corporation. (The document should have been filed as a LETTER application, and the Court will address the document as such. All corrections have been made.) (Fagan, Linda) |
| Filing 208 Letter application for pre motion conference to file and serve amended answer to Plaintiff's Second Amended and Third Amended Complaints by Fairbanks Capital Corporation. (Bhimani, Riyaz) Modified on 1/3/2011 (Fagan, Linda). |
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ORDER re #207 : Defendant SPS filed this motion in contravention of Rule 3(D) and Rule 3(F) of the Court's Individual Practice Rules. Pursuant thereto, any motion filed with the Court must include "a separate initial memorandum [of law]." In addition, the motion may not be filed with the Court until it is fully briefed in accordance with this Court's "Bundle Rule." The parties are directed to confer with each other and submit a proposed briefing schedule for the Court's endorsement. The above motion is hereby administratively terminated without prejudice and may by refiled in accordance with the Court's Rules. Defendant SPS is directed to serve a copy of this Order upon Plaintiff Pro Se forthwith and file proof of service on ECF. Ordered by Senior Judge Denis R. Hurley on 12/30/2010. (Monaco, Laura)
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| Filing 207 Notice of MOTION to Amend/Correct/Supplement and for Leave to File and Serve Amended Answer to Plaintiff's Second Amended and Third Amended Complaints by Fairbanks Capital Corporation. (Attachments: #1 Declaration of Riyaz G. Bhimani in Support of Motion, #2 Exhibit A -- Second Amended Complaint, Part 1, #3 Exhibit A -- Second Amended Complaint, Part 2, #4 Exhibit B -- Third Amended Complaint, #5 Exhibit C -- Answer to Third Amended Complaint, #6 Exhibit D -- Proposed Amended Answer to Plaintiff's Second Amended and Third Amended Complaints, #7 Certificate of Service) (Bhimani, Riyaz) |
| Filing 206 FINANCIAL AFFIDAVIT in support of #200 application for Pro Bono Counsel. Filed by Michael T. Dolan. (Attachments: #1 continued, #2 continued) (Coleman, Laurie) |
| Filing 205 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re #204 Order,, of November 22, 2010 (Attachments: #1 Cover Letter, #2 November 22, 2010 order) (Bhimani, Riyaz) |
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Filing 204
ORDER re #201 Notice of Consent to Change Attorney filed by Fairbanks Capital Corporation. The stipulation filed by Defendant Fairbanks Capital Corporation is hereby "SO ORDERED." Riyaz Bhimani, Esq. of Eckert Seamans Cherin & Mellott, LLC is to be substituted as counsel of record for Fairbanks Capital Corporation in place of Ted May, Esq. of Sheldon May & Associates, P.C. Counsel for Defendant Fairbanks Capital Corporation is directed to serve the attached Order on Plaintiff Pro Se forthwith and file proof of service on ECF. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/22/2010. (Reifman, Marli)
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| Filing 203 Letter from Pro Se Office, E.D.N.Y., By: /s/C. Vukovich, dated 11/22/2010 re: To advise pltff that the Court is in receipt of his motion to appoint pro bono counsel; that pltff's motion cannot be considered unless and until the enclosed financial affidavit is filed; and that pltff is reminded that a copy of his financial affidavit must be sent to opposing counsel. (Fagan, Linda) |
| Filing 202 ANSWER to #76 Amended Complaint : Defendant Fairbanks Capital Corp.'s Answer to Plaintiff's Third Amended Complaint, dated February 6, 2007, by Fairbanks Capital Corporation. (Bhimani, Riyaz) |
| Filing 201 NOTICE of Consent to Change Attorney by Riyaz Gulam Bhimani (filed as proposed Consent Order Granting Substitution of Attorney) (Bhimani, Riyaz) |
| Filing 200 MOTION to Appoint Counsel by Michael T. Dolan. (Fagan, Linda) |
| Filing 199 CERTIFICATE of Counsel (Certificate of Service of Order on Plaintiff) by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Altieri, John) |
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Filing 198
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Status Conference held on 11/17/2010. SCHEDULING: The next conference will be held on January 28, 2011 at 2 p.m. The rulings issued during today's conference are set forth in the ATTACHED ORDER. Counsel for Defendant PMI is directed to serve a copy of the Order upon Plaintiff Pro Se forthwith and to file proof of service on ECF. Ordered by Judge A. Kathleen Tomlinson on 11/17/10. (Tomlinson, A.)
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| Filing 197 NOTICE of Appearance by John L. Altieri, Jr on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (aty to be noticed) (Altieri, John) |
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SCHEDULING ORDER: Due to a scheduling conflice, the Status Conference scheduled for 11/15/10 has been rescheduled to 11/17/10 at 3:00 PM before Magistrate Judge A. Kathleen Tomlinson. (Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/12/10). (Montero, Edher) Modified on 11/12/2010 (Montero, Edher).
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| Filing 196 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation (Attachments: #1 Letter, #2 November 5, 2010 order, #3 Notice of Appearance) (Bhimani, Riyaz) |
| Filing 195 NOTICE of Appearance by Riyaz Gulam Bhimani on behalf of Fairbanks Capital Corporation (aty to be noticed) (Attachments: #1 Certificate of Service) (Bhimani, Riyaz) |
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Filing 194
SCHEDULING ORDER: In light of the representations made in Plaintiff's November 3, 2010 submission to the Court [DE 193], the parties are directed to appear for a status conference on November 15, 2010. SEE ATTACHED ORDER FOR FURTHER INFORMATION. Defendants' counsel is directed to serve a copy of the attached Order upon Plaintiff Pro Se forthwith and to file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 11/5/2010. (Reifman, Marli)
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| Filing 193 RESPONSE re #191 Order, filed by Michael T. Dolan. (Fagan, Linda) |
| Filing 192 Mail Receipt; For Certified Mail, Return Receipt Requested, Article Number 7006-2150-0001-2097-5654, Article Addressed to: Michael T. Dolan, Pro Se 21 Kent Place Smithtown, NY 11787, Received by: Michael T. Dolan, Date of Delivery: not advised. (Fagan, Linda) |
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Filing 191
ORDER TO SHOW CAUSE directing Plaintiff to report on status of case. See attached Order. The Clerk of the Court is directed to serve Plaintiff with a copy of this Order via certified mail. Ordered by Senior Judge Denis R. Hurley on 10/8/2010.
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| Filing 190 AFFIDAVIT of Service for Memorandum and Order served on Michael T. Dolan and Matthew D. Powers, Esq. on October 2, 2008, filed by Fairbanks Capital Corporation. (May, Ted) |
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Filing 189
MEMORANDUM AND ORDER; adopting Report and Recommendations as to #186 Report and Recommendations; denying #104 Motion to Dismiss. The Court adopts Magistrate Judge Tomlinson's September 8, 2008 Report and Recommendation (docket no. 186) in its entirety. Accordingly, FCC's motion to dismiss the Third Amended Complaint (docket no. 104) is denied. FCC's motion to strike is granted in part and denied in part. The following allegations are struck from Pltff's Third Amended Complaint: (1) all but the first sentence of paragraph 30; (2) paragraphs 31, 32, 36, and 37; and (3) all but the first sentence of paragraph 41. Counsel for defts are directed to serve pltff with a copy of this order. ( Ordered by Senior Judge Denis R. Hurley on 9/30/08.) c/m c/ecf (Fagan, Linda)
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| Filing 188 OBJECTION to #186 Report and Recommendations, filed by Michael T. Dolan. (Attachments: #1 Proof of Service) (Fagan, Linda) |
| Filing 187 AFFIDAVIT of Service for Report and Recommendation served on Michael T. Dolan and Matthew D. Powers, Esq. on September 8, 2008, filed by Fairbanks Capital Corporation. (May, Ted) |
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Filing 186
REPORT AND RECOMMENDATIONS re #104 MOTION to Dismiss third amended complaint filed by Fairbanks Capital Corporation. Objections to R&R due by 9/25/2008. For all the reasons set forth in this Report, it is my recommendation to District Judge Hurley that FCC's motion to dismiss the Third Amended Complaint be DENIED. I further recommend the allegations specified in Section IV(C) of this Report be struck from the Third Amended Complaint. Counsel for Defendant FCC is hereby directed to serve a copy of this Report and Recommendation upon Plaintiff Pro Se by overnight mail and file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 09/08/08. (Monaco, Laura) Modified on 9/8/2008 (Montero, Edher).
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| Filing 185 NOTICE of Change of Address by Matthew D. Powers (Powers, Matthew) |
| Filing 184 Letter from Michael T. Dolan to The Honorable A. Kathleen Tomlinson, dated 2/21/08 re: To respond to the #181 Order of this Court. (Attachments: #1 Proof of Service) (Fagan, Linda) |
| Filing 183 AFFIDAVIT/AFFIRMATION affidavit of attempted service of the Order dated February 14, 2008 by Fairbanks Capital Corporation (May, Ted) |
| Filing 182 AFFIDAVIT of Service for Order dated February 14, 2008 served on Michael T. Dolan on 2/14/2008, filed by Fairbanks Capital Corporation. (Attachments: #1 Exhibit) (May, Ted) |
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Filing 181
ORDER re #180 Letter, filed by PMI Mortgage Insurance Company, Walnut Creek, CA, #179 Letter filed by Fairbanks Capital Corporation, #175 Letter filed by PMI Mortgage Insurance Company, Walnut Creek, CA. SEE ATTACHED ORDER. Defendants are directed to serve a copy of this order forthwith upon Plaintiff Pro Se by facsimile and overnight mail, and file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 02/14/08. (Monaco, Laura)
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| Filing 180 Letter Report on Mr. Dolan's Amended Discovery Responses per the Court's Order at the January 8, 2008 Status Conference by PMI Mortgage Insurance Company, Walnut Creek, CA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit c) (Powers, Matthew) |
| Filing 179 Letter by Fairbanks Capital Corporation (May, Ted) |
| Filing 178 TRANSCRIPT of Civil Cause for Status Conference held on 12/18/07 before The Honorable A. Kathleen Tomlinson, United States Magistrate Judge. Court Reporter: Carla Nutter, TypeWrite Word Processing Service, 356 Eltingville Boulevard, Staten Island, New York 10312. (Fagan, Linda) |
| Filing 177 TRANSCRIPT of Civil Cause for Status Conference held on 12/19/07 before The Honorable A. Kathleen Tomlinson, United States Magistrate Judge. Court Reporter: Carla Nutter, TypeWrite Word Processing Service, 356 Eltingville Boulevard, Staten Island, New York 10312. (Fagan, Linda) |
| Filing 176 TRANSCRIPT of Civil Cause for Status Conference held on 12/21/07 before The Honorable A. Kathleen Tomlinson, United States Magistrate Judge. Court Reporter: Carla Nutter, TypeWrite Word Processing Service 356 Eltingville Boulevard, Staten Island, New York 10312. (Fagan, Linda) |
| Filing 175 Letter Brief re Deposition Logistics; Identity of Mr. Dolans Requested Deponent from PMI; and PMIS Anticipated Motion for Summary Judgment by PMI Mortgage Insurance Company, Walnut Creek, CA (Powers, Matthew) |
| Filing 174 AFFIDAVIT of Service for Order Entered 1/17/08 Directing Plaintiff Pro Se to File Written Clarification of Any Requests for Court Action that are Contained in his January 12, 2008 Letter to the Court served on Michael T. Dolan (Plaintiff Pro Se) on January 17, 2008, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
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ELECTRONIC ORDER re #172 Letter. Plaintiff Pro Se is directed to file written clarification of any requests for Court action that are contained in his January 12, 2008 letter to the Court [DE 172]. Defendant's counsel is directed to file a copy of this Order upon Plaintiff Pro Se and file proof of service via ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 01/17/08. (Monaco, Laura)
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| Filing 173 PROPOSED DEPOSITION LIST by Michael T. Dolan (Fagan, Linda) |
| Filing 172 Letter from Michael T. Dolan, Pltff, Pro Se non-attorney to Honorable A. Kathleen Tomlinson, U.S.D.J., dated 1/12/08 re: "Discovery Items listed from your 1/08/08 Order." (Attachments: #1 part ii, #2 part iii, #3 part iv) (Fagan, Linda) |
| Filing 171 AFFIDAVIT of Service for Order Entered 1/9/08 (Docket No,. 169) served on Michael T. Dolan (Plaintiff Pro se) on 1/14/08, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 170 AFFIDAVIT of Service for Civil Conference Minute Order, Entered 1/9/08 (Docket No. 168) served on Michael T. Dolan (Plaintiff pro se) and Donna Dolan on 1/14/08, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
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Filing 169
ORDER deeming as verified under the Federal Rules Plaintiff Pro Se's responses to Defendants' various discovery demands on the record at the December 17, 18 and 21 discovery hearings. SEE ATTACHED ORDER. Defendants' counsel is directed to serve a copy of this Order upon Plaintiff Pro Se forthwith and to file proof of service on ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 1/8/08. (Tomlinson, A.)
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Filing 168
Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson:Status Conference held on 1/8/2008. The rulings made at today's conference are set forth in the attached Order. Defendant's counsel is directed to serve a copy of the Order upon Plaintiff Pro Se forthwith and to file proof of service. Ordered by Judge A. Kathleen Tomlinson on 1/8/08. (Tomlinson, A.)
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| Filing 167 Letter pursuant to rulings on December 19, 2007 by Fairbanks Capital Corporation (May, Ted) |
| Filing 166 Letter To Court Re Deponent List by PMI Mortgage Insurance Company, Walnut Creek, CA (Attachments: #1 Exhibit A, #2 Exhibit B) (Powers, Matthew) |
| Filing 165 Witness List by Fairbanks Capital Corporation (May, Ted) |
| Filing 164 DISCOVERY NOTICE (For extension of time granted and not needed) filed by pro se, plaintiff on 12/31/07. (Montero, Edher) |
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ORDER terminating #163 Motion for Extension of Time to Answer. (See 12/28/07 Order.) ( Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/28/07.) (Fagan, Linda)
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| Filing 162 AFFIDAVIT of Service for Order Entered December 28, 2007 Granting Plaintiff Dolan's Motion for Extension of Time to Answer Document Request and Interrogatories served on Michael T. Dolan, Plaintiff pro se on December 28, 2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
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ORDER granting #161 Motion for Extension of Time to Answer Document Request and Interrogatories. Given the circumstances, I reluctantly grant Plaintiff's request for an extension of time. Plaintiff's responses must be served no later than January 4, 2008. No further extensions shall be granted. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/28/07. (Jacobwitz, Beth)
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| Filing 163 Letter MOTION for Extension of Time to File Answer to Document Requests and Interrogatories. by Michael T. Dolan. (Fagan, Linda) |
| Filing 161 Letter MOTION for Extension of Time to File Answer by Michael T. Dolan. (Duong, Susan) |
| Filing 159 AFFIDAVIT of Service for Civil Conference Minute Order Entered 12/18/07; Order Entered 12/18/07 Resolving Objections As To The Sufficiency Of Defendant Pmi's Responses To Plaintiff's First Set Of Interrogatories; Civil Conference Minute Order Entered 12/19/07; Order Entered 12/19/07 Resolving Objections As To The Sufficiency Of Plaintiff's Responses To Defendant's Pmi's First Set Of Interrogatories And Civil Conference Minute Order Entered 12/21/07 served on Michael T. Dolan on 12/21/2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 158 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Discovery Hearing held on 12/21/2007. The Court's rulings from the December 21, 2007 conference are set forth in the attached Order. In addition, the Court's rulings as to Plaintiff's responses to Defendant FCC's First Request for Documents and First Set of Interrogatories are set forth in a separate written order. SEE ATTACHED ORDER. (Monaco, Laura) |
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Filing 157
ORDER resolving objections as to the sufficiency of Plaintiff's responses to Defendant's PMI's First Set of Interrogatories. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/19/07. (Monaco, Laura)
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Filing 155
ORDER resolving objections as to the sufficiency of Defendant PMI's responses to Plaintiff's First Set of Interrogatories. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/18/07. (Monaco, Laura)
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| Filing 154 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Discovery Hearing held on 12/18/2007. The Court's rulings from the December 18, 2007 conference are set forth in the attached Order. In addition, the Court's rulings as to the sufficiency of Defendant PMI's responses to Plaintiff's First Set of Interrogatories and Plaintiff's objections as to the sufficiency of those responses are set forth in a separate Order. (Monaco, Laura) |
| Filing 156 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Discovery Hearing held on 12/19/2007. The Court's rulings from the December 19, 2007 discovery conference are set forth in the attached Order. In addition, the Court's rulings on Plaintiff's amended responses to Defendant PMI's First Set of Interrogatories and PMI's objections as to the sufficiency of those response are set forth in a separate Order. SEE ATTACHED ORDER. (Monaco, Laura) Modified on 12/28/2007 (Montero, Edher). |
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Filing 160
ORDER re #129 Motion to Compel. it is hereby ORDERED, that Defendant PMI has sufficiently answered Plaintiff's interrogatory Numbers 2,3,5,8,10, 13,17,18,19, and 20, and need not make any further responses, and it is hereby ORDERED, that the parties appear for a telephone conference to continue discussing the remaining unresolved discovery issues on December 19, 2007 @3:30 p.m.. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/18/07. (Mierzejewski, Elizabeth)
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| Filing 153 Letter Supplemental Letter Report in Advance of December 18, 2007 Hearing on the Parties' Disputes Over Written Discovery by PMI Mortgage Insurance Company, Walnut Creek, CA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Powers, Matthew) |
| Filing 152 AFFIDAVIT of Service for Letter in Compliance with Courts ruling by Fairbanks Capital Corporation served on Michael T. Dolan and Matthew Powers, Esq. on December 11, 2007, filed by Fairbanks Capital Corporation. (May, Ted) |
| Filing 151 Letter Report on the Status of the Parties' Disputes Over Written Discovery by PMI Mortgage Insurance Company, Walnut Creek, CA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Supplement F) (Powers, Matthew) |
| Filing 150 Letter in compliance with courts ruling by Fairbanks Capital Corporation (May, Ted) |
| Filing 149 Mail receipt as to Donna M. Dolan. (Duong, Susan) |
| Filing 148 Mail receipt as to Michael T. Dolan. (Duong, Susan) |
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ORDER terminating 137 Sealed Motion; terminating 138 Sealed Motion. (See #141 Order.) ( Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/5/07.) (Fagan, Linda)
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| Filing 147 AFFIDAVIT of Service for Order Entered 12/4/07 Denying Non-Party Donna Dolan's Motion to Quash (Court Document No. 143) served on Michael T. Dolan (Plaintiff pro se); Donna Dolan (Non-Party) on December 5, 2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 146 AFFIDAVIT of Service for Order Entered 12/4/07 Denying Non-Party Donna Dolan's Motion to Quash (Court Document No. 142) served on Michael T. Dolan (plaintiff pro se); Donna Dolan (Non-Party) on December 5, 2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 145 AFFIDAVIT of Service for Order Entered 12/4/07 re Plaintiff's 11/27/07 Motion to Postpone his Deposition Noticed by Defendant PMI and Plaintiff's 11/29/07 Motion to Postpone his Deposition Noticed by Defendant Fairbanks (Court Document No. 141) served on Michael T. Dolan (Plaintiff pro se) on December 5, 2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 144 AFFIDAVIT of Service for Civil Conference Minute Order Entered 12/4/07 (Court Document No. 140) served on Michael T. Dolan (Plaintiff pro se) on December 5, 2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
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Filing 143
ORDER denying #133 Motion to Quash. Non-party Donna Dolan's motion to quash the subpoena served upon her by Defendant Fairbanks Capital Corporation is denied. Both Plaintiff and non-party Donna Dolan shall be deposed by Defendants on successive days. A copy of this Order will be sent to non-party Donna Dolan by first class mail and registered mail with return receipt. Defendants are directed to serve a copy of this Order on Pro Se Plaintiff and file an affidavit of service via ECF. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/05/07. (Monaco, Laura)
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Filing 142
ORDER denying #131 Motion to Quash. Non-party Donna Dolan's motion to quash the subpoena served upon her by Defendant PMI is denied. Both Plaintiff and non-party Donna Dolan shall be deposed by Defendants on sucessive days. A copy of this Order will be sent to non-party Donna Dolan by first class mail and registered mail with return receipt. Defendants are directed to serve a copy of this Order on Pro Se Plaintiff and file an affidavit of service via ECF. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/05/07. (Monaco, Laura)
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Filing 141
ELECTRONIC ORDER granting Plaintiff's motions, filed under seal, for an extension of time to submit to a deposition by Defendants. Plaintiff's motions are granted to the limited extent set forth in the attached order. All depositions must be completed by January 22, 2008. The parties are to arrange a mutually agreeable date for Plaintiff's deposition and Plaintiff is directed to make himself available at that time. Plaintiff's deposition may be videotaped. Plaintiff must provide the Defendants and the Court with a list of individuals whom he wishes to depose no later than the date of his deposition. SEE ATTACHED ORDER. Defendants are directed to serve a copy of this Order on Pro Se Plaintiff and file an affidavit of service via ECF. Ordered by Magistrate Judge A. Kathleen Tomlinson on 12/05/07. (Monaco, Laura)
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| Filing 140 Minute Entry for proceedings held before Magistrate Judge A. Kathleen Tomlinson: Telephone Conference held on 12/5/2007. SCHEDULING: A telephone status conference will be held on December 18, 2007 at 3:00 p.m. THE FOLLOWING RULINGS WERE MADE: Plaintiff's motions, filed under seal, for an extension of time to appear for his deposition are granted to the limited extent set forth in my written order, which will be entered separately. The parties' written confirmations of the discovery issues that could not be resolved during their forthcoming December 6th telephone conference must be filed with the Court no later than December 11, 2007. All depositions must be completed by January 22, 2008. The parties are to arrange a mutually agreeable date for Plaintiff's deposition and Plaintiff is directed to make himself available at that time. Non-party Donna Dolan's motions to quash [DE 131, 133] are denied for the reasons set forth in my written orders, which will be entered separately. Defendants are directed to serve a copy of this Minute Entry on Pro Se Plaintiff and file an affidavit of service via ECF. SEE ATTACHED ORDER. (Monaco, Laura) |
| MOTIONS REFERRED: #104 MOTION to Dismiss third amended complaint referred to A. Kathleen Tomlinson. (See Order dated 12/4/07.) (Fagan, Linda) |
| Filing 139 AFFIDAVIT of Service of Order re #104 served on Michael T. Dolan on 12/04/07, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
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ORDER re #104 : Defendant's motion to dismiss is respectfully referred out to Magistrate Judge Tomlinson for a Report and Recommendation. Defendant shall serve plaintiff with a copy of this Order forthwith. Ordered by Senior Judge Denis R. Hurley on 12-4-07. (Hurley, Denis)
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| Filing 136 RESPONSE in Opposition re: Defts' subpoena requests for videotaped deposition, by Michael T. Dolan. (Fagan, Linda) |
| Filing 135 Subpoena by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 134 RESPONSE to Motion re #133 MOTION to Quash defts' subpoena requests for videotaped deposition, as well as Response to Michael Dolan's motion for an extension of time to be deposed filed by Fairbanks Capital Corporation. (May, Ted) |
| Filing 133 MOTION to Quash defts' subpoena requests for videotaped deposition, by Donna M. Dolan. (Attachments: #1 Exhibits, #2 Proof of Service) (Fagan, Linda) |
| Filing 132 Letter in Response to Dolan's Discovery Motion for an Extension of Time Filed Nov. 27, 2007 and to Dolan's Motion to Quash Filed on Nov. 26, 2007 by PMI Mortgage Insurance Company, Walnut Creek, CA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Powers, Matthew) |
| Filing 131 MOTION to Quash defts' subpoena requests for videotaped deposition, by Donna M. Dolan. (Fagan, Linda) |
| Filing 130 Letter Report on the Status of Discovery by PMI Mortgage Insurance Company, Walnut Creek, CA (Attachments: #1 Exhibit A, #2 Exhibit B) (Powers, Matthew) |
| Filing 129 Letter MOTION to Compel defts. to answer interrogatories and request for the production of documents, by Michael T. Dolan. (Fagan, Linda) |
| Filing 128 AFFIDAVIT of Service for Order Denying Defendant PMI Mortgage Insurance Co.'s Request for Leave to Move for Summary Judgment served on Michael T. Dolan on 11/07/2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
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ORDER re #126 and #127 : Defendant PMI Mortgage Insurance Co.'s request for laeave to move for summary judgment is denied without prejudice to renew upon the completion of discovery. Defendant shall serve Plaintiff with a copy of this order forthwith. Ordered by Judge Denis R. Hurley on 11-7-07. (Hurley, Denis)
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| Filing 127 RESPONSE in Opposition re #126 Letter, by Michael T. Dolan. (Fagan, Linda) |
| Filing 126 Letter Request for Leave to File a Motion for Summary Judgment by PMI Mortgage Insurance Company, Walnut Creek, CA (Powers, Matthew) |
| Filing 125 AFFIDAVIT of Service for Civil Conference Minute Order served on Michael T. Dolan and O'Melveny & Myers, LLP on 9/27/2007, filed by Fairbanks Capital Corporation. (May, Ted) |
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Filing 124
Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 9/27/2007. SCHEDULING: The next conference will be held on November 20, 2007 at 2:30 p.m. Attorney Powers is authorized to attend by telephone. THE FOLLOWING RULINGS WERE MADE: I reviewed a number of discovery issues with the parties at today's conference. The directives to the parties are contained in the attached Order. Counsel for Defendant Fairbanks is directed to serve a copy of the Order upon Plaintiff Pro Se forthwith and to file proof of service on ECF. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 9/27/07. (Tomlinson, A.)
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ENDORSED ORDER re #120 Stipulation filed by PMI Mortgage Insurance Company. The Stipulation and Order of Confidentiality is hereby "So Ordered." Ordered by Judge A. Kathleen Tomlinson on 9/27/07. (Jacobwitz, Beth)
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| Filing 123 Letter Amended Letter Report on the Status of Discovery in Advance of the Upcoming Status Conference On September 27, 2007 by PMI Mortgage Insurance Company, Walnut Creek, CA (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D) (Powers, Matthew) |
| Filing 122 Letter Report on the Status of Discovery in Advance of the Upcoming Status Conference on September 27, 2007 by PMI Mortgage Insurance Company, Walnut Creek, CA (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D) (Powers, Matthew) |
| Filing 121 AFFIDAVIT of Service for Stipulated Confidentiality Agreement and [Proposed] Protective Order served on Michael T. Dolan on 09/05/2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 120 STIPULATION /Confidentiality Agreement and [Proposed] Protective Order by PMI Mortgage Insurance Company, Walnut Creek, CA (Savage, Anne) |
| Filing 119 AFFIDAVIT of Service for Court's August 17, 2007 Electronic Order Granting Plaintiff's Motion for an Extension of Time to Complete Discovery served on Michael Dolan on August 17, 2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 118 Letter MOTION for Extension of Time to Complete Discovery . Filed by Michael T. Dolan. (Montero, Edher) |
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ELECTRONIC ORDER granting #118 Motion for Extension of Time to Complete Discovery. Based on the representations made in Plaintiff's August 15, 2007 letter DE #118 , the motion for an extension of time to comply with the deadlines set forth in my August 7, 2007 Order DE #117 is hereby GRANTED. Plaintiff's time to serve amended Rule 26(a) disclosures, responses to Defendants' interrogatories document demands and Plaintiff's own request for interrogatories and document demands is extended to September 21, 2007. Counsel for PMI Mortgage Co. is directed to serve Plaintiff Pro Se with a copy of this Order and to file proof of service on ECF. Ordered by Judge A. Kathleen Tomlinson on 8/17/07. (Cass, Luke)
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Filing 117
Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference held on 8/7/2007. SCHEDULING: The next status conference will be held on September 27, 2007 at 10 a.m. in Courtroom 910. (NOTE: The previously scheduled September 19 conference date is hereby moved to the September 27 date noted.) THE FOLLOWING RULINGS WERE MADE: After lengthy discussions with the parties concerning various discovery issues as reflected in today's record, I have made the following rulings: 1. Plaintiff is directed to serve Amended Rule 26(a) disclosures, listing any witnesses with information which may be relevant to the claims or defenses in this action, upon Defendants no later than August 17, 2007. 2. Plaintiff has until August 21, 2007 to serve his answers to Defendants' interrogatories and document requests. 3.Plaintiff has until August 21, 2007 to serve any interrogatories or document requests of his own upon Defendants. 4.The parties are directed to confer in good faith pursuant to Local Civil Rule 37.3 regarding the proposed Stipulation and Order of Confidentiality. If they are unable to reach an agreement after having done so, they may apply to the Court for appropriate relief. 5. In light of the new dates for service of discovery, the previously scheduled September 19 status conference is re-scheduled to September 27. PMI's counsel, Matthew Powers, Esq., may attend by telephone given his office location in San Francisco. 6. Defendant Fairbanks' counsel, Ted May, Esq., is directed to serve a copy of this Order forthwith by fax to Plaintiff Pro Se. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 8/7/07. (Tomlinson, A.)
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| Motions terminated, docketed incorrectly: #110 MOTION to Compel Defendants to provide plaintiff with required discovery and requested records. Filed filed by Michael T. Dolan. (Montero, Edher) |
| Filing 116 Letter Report on the Status of Discovery by PMI Mortgage Insurance Company, Walnut Creek, CA (Powers, Matthew) |
| Filing 115 AFFIDAVIT of Service for Order Granting Defendant PMI's August 3, 2007 Letter Motion for Leave to Appear Telephonically at Status Conference Scheduled for August 7, 2007, at 10:00 a.m. served on Michael Dolan on 08/03/2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 114 Letter Motion to Appear Telephonically at Status Conference Scheduled for August 7, 2007, at 10:00 a.m. by PMI Mortgage Insurance Company, Walnut Creek, CA (Powers, Matthew) |
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ELECTRONIC ORDER re #114 Letter filed by PMI Mortgage Insurance Company, Walnut Creek, CA. Based on the representations made in counsel for PMI's August 3, 2007 letter DE #114 , the motion to appear by telephone for the August 7 status conference is hereby GRANTED. Counsel for PMI is directed to call chambers at (631) 712-5760 several minutes prior to 10 a.m. on August 7. Counsel for PMI is further directed to serve a copy of this Order upon Plaintiff Pro Se and to file proof of service on ECF. Ordered by Judge A. Kathleen Tomlinson on 8/3/07. (Cass, Luke)
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| Filing 113 NOTICE of Appearance by Anne Jeffrey Savage on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (aty to be noticed) (Savage, Anne) |
| Filing 112 Letter by Fairbanks Capital Corporation (May, Ted) |
| Filing 111 RESPONSE to Motion re #110 MOTION to Compel Defendants to provide plaintiff with required discovery and requested records. Filed Letter Response to Plaintiff's Discovery Motion filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Affidavit Affidavit of Service) (Powers, Matthew) |
| Filing 110 LETTER requesting discovery and requested records. Filed by Michael T. Dolan. (Montero, Edher) Modified on 8/7/2007 (Montero, Edher). |
| Filing 107 AFFIDAVIT of Service for Civil Conference Minute Order served on Michael T. Dolan on 06/12/2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Powers, Matthew) |
| Filing 106 RESPONSE in Support re #104 MOTION to Dismiss third amended complaint filed by Fairbanks Capital Corporation. (Attachments: #1 affidavit of service) (May, Ted) |
| Filing 105 RESPONSE in Opposition re #104 MOTION to Dismiss third amended complaint filed by Fairbanks Capital Corporation. (Attachments: #1 plaintiffs response to motion) (May, Ted) |
| Filing 104 MOTION to Dismiss third amended complaint by Fairbanks Capital Corporation. (May, Ted) |
| Filing 108 TRANSCRIPT of Status Conference held on 5/2/07 before The Honorable A. Kathleen Tomlinson, United States Magistrate Judge. Court Reporter: Ruth Ann Hager, Typewrite Word Processing Service 356 Eltingville Boulevard Staten Island, New York 10312. (Fagan, Linda) |
| Filing 103 DISCLOSURE of Interested Parties by Fairbanks Capital Corporation. (May, Ted) |
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Filing 109
ORDER re #102 Minute Entry; By copy of this Order, I am striking docket entry no. 98 and directing the Clerk's Office to remove the document from ECF since the document was filed in violation of Local Rule 5.1. ( Ordered by Judge A. Kathleen Tomlinson on 6/1/07. ) (Fagan, Linda)
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| Incorrect Case/Document/Entry Information. Document 98 Disclosure of Interested parties has been deleted. ( See #109 Order.) (Fagan, Linda) |
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Filing 102
Minute Entry for proceedings held before A. Kathleen Tomlinson : Telephone Status Conference held on 6/1/2007, Status Conference held on 6/1/2007. THE FOLLOWING RULINGS WERE MADE: 1. This conference was set to discuss the issues raised in Plaintiff's May 22, 2007 Notice. Counsel for Defendant Fairbanks Capital Corp. states that Fairbanks automatic disclosures under Rule 26(a) were inadvertently filed on ECF as DE 98. Plaintiff Pro Se acknowledged that no personal information of his appeared on the inadvertently filed Fairbanks discovery document. 2. By copy of this Order, I am striking docket entry no. 98 and directing the Clerk's Office to remove the document from ECF since the document was filed in violation of Local Rule 5.1. 3. Counsel for Defendant Fairbanks is directed to serve a copy of this Order upon Plaintiff Pro Se forthwith and to file proof of service on ECF. SEE ATTACHED ORDER FOR ADDITIONAL INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 6/1/07. (Tomlinson, A.)
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| Filing 101 AFFIDAVIT/AFFIRMATION of Service of Electronic Order Entered May 25, 2007 by PMI Mortgage Insurance Company, Walnut Creek, CA (Powers, Matthew) |
| Filing 100 RESPONSE in opposition re: Defts motions to dismiss. by Michael T. Dolan. (Attachments: #1 part 2.) (Fagan, Linda) |
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ELECTRONIC ORDER re #99 Plaintiff's Notice of Local 5.1 Discovery Violation. A telephone status conference is scheduled for June 1, 2007 at 2 p.m. to discuss the issues raised in Plaintiff's May 22, 2007 Notice DE #99 . Counsel for Defendant PMI Mortgage Company is directed to initiate the telephone call to chambers, to serve Plaintiff Pro Se with a copy of this Order and to file proof of service on ECF. Ordered by Judge A. Kathleen Tomlinson on 5/25/07. c/m (Cass, Luke)
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| Filing 99 NOTICE Of Local Rule 5.1 Discovery Violation, by Michael T. Dolan. (Fagan, Linda) |
| Filing 97 NOTICE of Appearance by Matthew D. Powers on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (aty to be noticed) (Powers, Matthew) |
| Filing 96 AFFIDAVIT/AFFIRMATION of service of Case Management and Scheduling Order by Fairbanks Capital Corporation (Attachments: #1 Exhibit) (May, Ted) |
| Filing 95 AFFIDAVIT/AFFIRMATION of service of Minutes Entry by Fairbanks Capital Corporation (Attachments: #1 Exhibit) (May, Ted) |
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Filing 94
CASE MANAGEMENT AND SCHEDULING ORDER: DEADLINES AND COURT APPEARANCES: Deadline for completion of initial disclosures required by Rule 26(a) is May 14, 2007; First request for production of documents and first request for interrogatories due by June 28, 2007; Deadline for joinder of additional parties and amendment of pleadings is August 1, 2007; Initial Status onference set for August 7, 2007 at 10 a.m.; Second Status Conference set for September 19, 2007, at 11:30 a.m.; All discovery, including production of all expert reports, if any, to be completed by January 3, 2008; Dispositive motion process started by January 9, 2008; Joint pretrial order due byJanuary 23, 2008; Pretrial Conference set for January 30, 2008, at 11:30. SEE ATTACHED ORDER. DEFENDANTS' COUNSEL IS DIRECTED TO SERVE A COPY OF THIS ORDER AS WELL AS THE CIVIL CONFERENCE MINUTE ORDER DATED 5/2/07 UPON PLAINTIFF PRO SE FORTHWITH. Ordered by Judge A. Kathleen Tomlinson on 5/2/07. (Tomlinson, A.)
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Filing 93
Minute Entry for proceedings held before A. Kathleen Tomlinson : Status Conference/Initial Conference Hearing held on 5/2/2007. SCHEDULING:The next conference will be held on August 7, 2007 at 10 a.m.; a second status conference will be held on September 19, 2007 at 11:30 a.m. THE FOLLOWING RULINGS WERE MADE: 1.On July 14, 2005, Magistrate Judge James Orenstein, who was then assigned to this matter, issued an Order staying discovery. In view of the current posture of the case, I am hereby lifting that stay. 2. During today's conference, I conferred with the parties to finalize an appropriate discovery plan at this juncture. A Case Management and Scheduling Order will be entered separately. Initial disclosures under Rule 26(a) must be served by all parties no later than May 14, 2007. 3. I advised Plaintiff that in serving document demands or demands for interrogatory responses, he must keep in mind that the scope of his requests is limited to the claims now left in the case as a result of Judge Hurley's December 15, 2006 Memorandum and Order. 4. At the August 7, 2007 conference, we will discuss the status of discovery and determine all other issues regarding depositions and the completion of discovery. 5. A second discovery status conference will be held on September 19. SEE ATTACHED ORDER FOR ADDITIONAL RULINGS AND INFORMATION. Ordered by Judge A. Kathleen Tomlinson on 5/2/07 (Tomlinson, A.)
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| Filing 92 AFFIDAVIT/AFFIRMATION of service with Order by Fairbanks Capital Corporation (Attachments: #1 Exhibit) (May, Ted) |
| Filing 91 STATUS REPORT LETTER STATUS REPORT by PMI Mortgage Insurance Company, Walnut Creek, CA (Powers, Matthew) |
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NOTICE re #89 Order. Due to a scheduling conflict, the May 2, 2007 status conference will be held at 3 p.m. instead of 3:30 p.m. Approved by Judge A. Kathleen Tomlinson on 4/20/07. (Cass, Luke)
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| Filing 90 AFFIDAVIT/AFFIRMATION of service by Fairbanks Capital Corporation (Attachments: #1) (May, Ted) |
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Filing 89
ORDER. A status conference will be held on May 2, 2007 to resolve all outstanding issues concerning the completion of discovery in this matter. Counsel for Defendant Fairbanks Capital Corp. is directed to serve a copy of this Order upon Plaintiff Pro Se and to file proof of service on ECF. SEE ATTACHED ORDER. Ordered by Judge A. Kathleen Tomlinson on 4/12/07. (Cass, Luke)
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| Filing 88 AFFIDAVIT/AFFIRMATION affidavit of service by Fairbanks Capital Corporation (May, Ted) |
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ORDER re #79 (Letter Requesting Pre-motion Conference, filed by Fairbanks Capital Corp.), #87 (Letter supporting Fairbanks' Request, filed by PMI Mortgage Ins. Co.): The Court is in receipt of the Defendant Fairbanks' letter requesting a pre-motion conference and Defendant PMI's letter supporting Fairbanks' request; there is no response on record from Plaintiff. The Court waives its pre-motion conference requirement and sets the following briefing schedule on Defendant Fairbanks' motion to dismiss: Defendant Fairbanks shall serve moving papers on or before April 30, 2007; Plaintiff shall serve opposition papers on or before May 28, 2007; Defendant Fairbanks shall serve reply papers, if any, and file all papers with the Court, including courtesy copies for Chambers, on or before June 11, 2007. Defendant Fairbanks is also directed to serve this Order upon Plaintiff and file a corresponding Affidavit of Service with the Court. So Ordered by Judge Denis R. Hurley on 04/02/07. (Hurley, Denis)
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| Filing 87 Letter in support of defendant Fairbank's February 6, 2007 letter by PMI Mortgage Insurance Company, Walnut Creek, CA (Slusser, Amy) |
| Filing 86 AFFIDAVIT of Service for Order served on Michael T. Dolan, Ted Eric May, Esq. on February 28, 2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Slusser, Amy) |
| Filing 85 AFFIDAVIT of Service for Order served on Michael T. Dolan, Ted Eric May, Esq. on February 28, 2007, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Slusser, Amy) |
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Filing 84
ORDER granting #81 Motion for Randell William Edwards Leave to Appear pro hac vice. Ordered by JudgeMichael L. Orenstein on 2/15/07. (Imrie, Robert)
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Filing 83
ORDER granting #82 Motion for Matthew David Powers Leave to Appear pro hac vice. Ordered by JudgeMichael L. Orenstein on 2/15/07. (Imrie, Robert)
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| Filing 82 Notice of MOTION for Leave to Appear Pro Hac Vice Matt Powers by PMI Mortgage Insurance Company, Walnut Creek, CA. (Slusser, Amy) |
| Filing 81 Notice of MOTION for Leave to Appear Pro Hac Vice of Randall Edwards by PMI Mortgage Insurance Company, Walnut Creek, CA. (Slusser, Amy) |
| Filing 80 NOTICE Of "No Answer" re #76 Amended Complaint. (Fagan, Linda) |
| Filing 79 Letter to court for permission to file motion by Fairbanks Capital Corporation (May, Ted) |
| Filing 78 ANSWER to Amended Complaint (3rd) by PMI Mortgage Insurance Company, Walnut Creek, CA. (Slusser, Amy) |
| Filing 77 NOTICE of Appearance by Amy E. Slusser on behalf of PMI Mortgage Insurance Company, Walnut Creek, CA (Slusser, Amy) |
| Filing 76 AMENDED COMPLAINT (Third) against PMI Mortgage Insurance Company, Walnut Creek, CA, Fairbanks Capital Corporation, filed by Michael T. Dolan. (Fagan, Linda) |
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Filing 75
ORDER granting in part and denying in part Defendants' Motions to Dismiss #66 and #70 -- see attached decision. C/M to Plaintiff. Ordered by JudgeDenis R. Hurley on 12-15-06. (Hurley, Denis)
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ORDER: the Court is in receipt of the parties' letters #73 #74 . Because Plaintiff is not entitled to file a sur-reply absent leave of Court, which is only granted if the Court decides that further briefing on an issue is warranted, and because Plaintiff now has a copy of Defendants' reply papers, the Court denies Plaintiff's request to file a cross-motion in response to Defendants' reply papers based upon late service. Upon review of the parties' briefs, should the Court feel that further briefing is required, it will so inform the parties. Copy of Order mailed by Chambers to Plaintiff. Ordered by Judge Denis R. Hurley on 6-28-06. (Hurley, Denis)
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| Filing 74 Letter to Judge Hurley by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 73 NOTICE to PMI Defendant for "Not Serving Plaintiff"/REQUEST for leave to file Cross-motion in response, by Michael T. Dolan. (Fagan, Linda) |
| Filing 72 RESPONSE in Support re #70 MOTION to Dismiss filed by Fairbanks Capital Corporation. (Attachments: #1 affidavit of service)(May, Ted) |
| Filing 71 RESPONSE in Opposition re #70 MOTION to Dismiss the Amended Complant filed by Michael T. Dolan filed by Fairbanks Capital Corporation. (May, Ted) |
| Filing 70 MOTION to Dismiss by Fairbanks Capital Corporation. (May, Ted) |
| Filing 69 REPLY to Response to Motion re #66 MOTION to Dismiss the Amended Complaint filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 68 RESPONSE in Opposition re #66 MOTION to Dismiss the Amended Complaint filed by Michael T. Dolan. (Schwartz, Joshua) |
| Filing 67 RESPONSE in Support re #66 MOTION to Dismiss the Amended Complaint filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 66 MOTION to Dismiss the Amended Complaint by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 65 REPLY in Opposition to Dfts' Dismiss Motions filed by Michael T. Dolan. (Valle, Christine) |
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ORDER terminating #64 Motion to Dismiss: Defendant filed this motion in contravention of this Court's April 3, 2006 Order as well as Rule 2(G) of the Court's Individual Practice Rules. Accordingly, the above motion is hereby administratively terminated without prejudice and may be refiled in accordance with the Court's "Bundle Rule" as set forth in the Court's April 3, 2006 Order.Ordered by Judge Denis R. Hurley on 5-3-06. (Hurley, Denis)
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| Filing 64 MOTION to Dismiss the Second Amended Complaint by Fairbanks Capital Corporation. (Attachments: #1 affidavit of service)(May, Ted) |
| Filing 63 AFFIDAVIT of service of Order by Fairbanks Capital Corporation. (Attachments: #1 order)(May, Ted) |
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ORDER: the Court is in receipt of the parties' letters #60 - #62 . The Court waives its pre-motion conference requirement and sets the following briefing schedule on defendants' motions to dismiss: Defendants shall serve moving papers on or before May 1, 2006; Plaintiff shall serve opposition papers on or before May 30, 2006; Defendants shall serve reply papers, if any, and file all papers with the Court, including a courtesy copy for Chambers, on or before June 13, 2006. Ordered by Judge Denis R. Hurley on 4-3-06. (Hurley, Denis)
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| Mag. Judge A. Kathleen Tomlinson added. Mag. Judge James Orenstein no longer assigned to case. (Vaughn, Terry) |
| Filing 62 OBJECTION to Defts' request for conference and leave to file motions to dismiss, Pltff's case, by Michael T. Dolan (Fagan, Linda) |
| Filing 61 Letter from Joshua Schwatz, Esq. to The Honorable Denis R. Hurley, by PMI Mortgage Insurance Co. dated 3/20/06 re: To request leave to file a motion to dismiss Pltff Michael Dolan's second Amended Complaint. (Fagan, Linda) |
| Filing 60 Letter by Fairbanks Capital Corporation. (May, Ted) |
| Incorrect Case/Document/Entry Information. Document #59 MOTION, filed on 3/20/06 has been deleted. (The document was filed as a Motion, and should have been filed as a Letter request. The Court will address the document as a Letter request. All corrections have been made.) (Fagan, Linda) |
| Motions terminated, docketed incorrectly #59 MOTION for Leave to File a Motion to Dismiss Plaintiff Michael Dolan's Second Amended Complaint, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Fagan, Linda) |
| Filing 59 LETTER re: request for Leave to File a Motion to Dismiss Plaintiff Michael Dolan's Second Amended Complaint, by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) Modified on 3/21/2006 (Fagan, Linda). |
| Filing 58 SECOND AMENDED COMPLAINT against Thomas D. Basmajian(and his officers, employees, and agents), Fairbanks Capital Holding Corporation(a Delaward corporation), PMI Mortgage Insurance Company, Walnut Creek, CA, Fairbanks Capital Corporation, filed by Michael T. Dolan. (Attachments: #1 Part II)(Fagan, Linda) Modified on 3/6/2006 (Fagan, Linda). |
| Filing 57 AFFIDAVIT of Service re Order on Motion for Sanctions,, by Fairbanks Capital Holding Corporation. (May, Ted) Modified on 2/24/2006 (Fagan, Linda). |
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ORDER denying #54 Motion for Sanctions because, inter alia, Plaintiff failed to comply with the requirements set forth in Federal Rule of Civil Procedure 11(1)(A). Moreover, the Court notes that there has been no prejudice to Plaintiff resulting from Defendants' failure to timely serve Plaintiff as Defendants have withdrawn their motions to dismiss for lack of prosecution and the Court has given Plaintiff an additional 30 days to amend his Complaint.Defendants are directed to serve Plaintiff with a copy of this Order. Ordered by Judge Denis R. Hurley on 2-22-06.(Hurley, Denis)
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| Filing 56 RESPONSE to Motion re #54 MOTION for Sanctions against defts Fairbanks Capital Corp, PMI and Counsels, purs. to Rule 11 of the F.R.C.P. filed by Fairbanks Capital Corporation. (May, Ted) |
| Filing 55 Letter to the Honorable Denis R. Hurley requesting a pre-motion conference by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 54 MOTION for Sanctions against defts Fairbanks Capital Corp, PMI and Counsels, purs. to Rule 11 of the F.R.C.P. by Michael T. Dolan. (Fagan, Linda) |
| Filing 53 CERTIFICATE OF SERVICE by Fairbanks Capital Corporation re Order on Motion for Leave to File,, (May, Ted) |
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ORDER granting #48 : After review of the parties' submissions, Plaintiff is hereby granted thirty (30) days from the date of this Order to serve and file a Second Amended Complaint in compliance with the Court's August 16, 2005 Memorandum of Decision and Order. The Defendants' requests to file motions pursuant to Rule 41(b) have been withdrawn. In addition, Plaintiff's "Motion for Justiciable Evidence Rejoinder" is denied. Defendants are directed to serve Plaintiff with a copy of this Order forthwith. Ordered by Judge Denis R. Hurley on 2-3-06. (Hurley, Denis)
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| Filing 52 Letter to the Honorable Denis R. Hurley by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 51 RESPONSE to Motion re #48 MOTION for Leave to File a Second Amended Complaint, Letter filed by Fairbanks Capital Holding Corporation. (Attachments: #1 Exhibit #2)(May, Ted) |
| Filing 50 RESPONSE in Opposition re: "Fairbanks Capital Corp et al., Thomas D. Basmajian and PMI et al., ie., all defts Refusal to comply with Court's Order.", by Michael T. Dolan. (Fagan, Linda) |
| Filing 49 RESPONSE in Opposition re: "PMI defts refusal to answer Court's Orders", by Michael T. Dolan. (Fagan, Linda) |
| Filing 48 MOTION for Leave to File a Second Amended Complaint, by Michael T. Dolan. (Fagan, Linda) |
| Filing 47 Letter by Fairbanks Capital Corporation. (May, Ted) |
| Filing 46 Letter requesting a pre-motion conference by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
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ORDER re #45 : Defendants are hereby directed to respond to Plaintiff's "Motion" on or before February 1, 2006, and in response, shall advise the Court how the decision by the New York State Supreme Court, a copy of which is attached to Plaintiff's motion, affects the instant action, if at all. Ordered by Judge Denis R. Hurley on 1-11-06. Defendants are directed to serve Plaintiff with a copy of this Order. (Hurley, Denis) Modified on 1/11/2006 (Fagan, Linda). Modified on 1/11/2006 (Fagan, Linda).
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Incorrect Case/Document/Entry Information. The Order dated 1/11/06 has been edited to read that Defts are directed to respond to pltff' s "Motion" on or before 2/1/06; and also edited to reflect that the document was signed by Judge Hurley on 1/11/06. (All corrections have been made.) (Fagan, Linda)
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| Filing 45 NOTICE OF MOTION for justiciable evidence rejoinder of Decision on motions after hearing by Michael T. Dolan (Mierzejewski, Elizabeth) |
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Filing 44
ORDER the motions by defendants Fairbanks Capital Holding Corp. and Thomas D. Basmajian #32 to dismiss the Amended Complaint are GRANTED in their entirety. The motion by PMI Mortgage Insurance Company to dismiss the Amended Complaint #25 is granted with respect to all of Plaintiff's claims except his antitrust claims. The motion by defendant Fairbanks Capital Corp. #32 to dismiss the Amended Complaint is granted with respect to counts I through X of the Amended Complaint. To the extent the Amended Complaint asserts claims under 42 U.S.C. 1983, the Patriot Act, or the RICO statute, Plaintiff's claims are dismissed. Thus, Plaintiff's RESPA claims against FCC, as well as his antitrust claims against FCC and PMI, survive these motions. Plaintiff is granted leave to amend with regard to his FDCPA claims against FCC only and his fraud and/or RICO claims against all Defendants. Plaintiff shall file a Second Amended Complaint in accordance with this decision within thirty days. Defendants are directed to serve a copy of this Order on Plaintiff forthwith. Ordered by Judge Denis R. Hurley on 8-15-05.(Hurley, Denis)
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ORDER Re: #40 Motion for Discovery -- Discovery is stayed pending the determination of the motions to dismiss. The parties are reminded that this case is assigned to James Orenstein. Mr. Schwartz is directed to serve this order on Mr. Dolan upon receipt. Approved by Judge James Orenstein on 7/14/05. (Branciforte, Ralph)
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| Filing 43 CERTIFICATE OF SERVICE by PMI Mortgage Insurance Company, Walnut Creek, CA re #41 Response in Opposition to Motion (Schwartz, Joshua) |
| Filing 42 RESPONSE to Motion re #40 MOTION for Discovery filed by Fairbanks Capital Corporation. (Attachments: #1 Affidavit)(May, Ted) |
| Filing 41 RESPONSE in Opposition re #40 MOTION for Discovery filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 40 MOTION for Discovery by Michael T. Dolan. (Attachments: #1 Notice of Discovery Request#2 Notice of Service)(Valle, Christine) |
| Filing 39 RESPONSE in Opposition re #25 MOTION to Dismiss Amended Complaint, filed by Michael T. Dolan. (Fagan, Linda) |
| Filing 38 Letter from Joshua R. Schwartz to Honorable Denis R. Hurley Regarding Plaintiff's brief filed on 3/11/05. (Schwartz, Joshua) |
| Filing 37 RESPONSE in Support re #32 MOTION to Dismiss with Affirmation in Support of Motion to Dismiss Complaint of Plaintiff filed by Fairbanks Capital Corporation. (May, Ted) |
| Filing 36 AFFIDAVIT to Delivery of Service for Pltff's Answer in Opposition to the Defts Second Motion to Dismiss, served on Law Offices of Sheldon May & Associates, P.C., on 3/11/05, filed by Michael T. Dolan. (Fagan, Linda) |
| Filing 35 RESPONSE in Opposition re #32 MOTION to Dismiss with Affirmation in Support of Motion to Dismiss Complaint of Plaintiff; #25 MOTION to Dismiss Amended Complaint, filed by Michael T. Dolan. (Attachments: #1 Part II#2 Affidavit of Service(Fagan, Linda) |
| Filing 34 AFFIDAVIT of Service for Affirmation in Support of Motion to Dismiss the Complaint of Plaintiff and Memorandum of Law in Support of Motion of Defendants Fairbanks Capital Corporation, Fairbanks Capital Holding Corporation and Thomas D. Basmajian, served on Michael T. Dolan, Plaintiff Pro Se, and O'Melveny & Myers LLP, Defendant PMI on 1/27/2005, filed by Thomas D. Basmajian, Fairbanks Capital Holding Corporation, Fairbanks Capital Corporation. (May, Ted) |
| Filing 33 MEMORANDUM in Support re #32 MOTION to Dismiss with Affirmation in Support of Motion to Dismiss Complaint of Plaintiff by Thomas D. Basmajian, Fairbanks Capital Holding Corporation, Fairbanks Capital Corporation. (May, Ted) |
| Filing 32 MOTION to Dismiss with Affirmation in Support of Motion to Dismiss Complaint of Plaintiff by Thomas D. Basmajian, Fairbanks Capital Holding Corporation, Fairbanks Capital Corporation. Responses due by 3/11/2005 (Attachments: #1 Exhibit)(May, Ted) |
| Filing 31 AFFIDAVIT of Service for Reply Memorandum of Law in Support of Defendant PMI Mortgage Insurance Co.'s Motion to Dismiss Amended Complaint served on Michael T Dolan, Ted Eric May, Esq., Fairbanks Capital Corp., Thomas D. Basmajian, Fairbanks Capital Holding Corporation on January 21, 2005, filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 30 Letter from Joshua Schwartz to The Honorable Denis R. Hurley Regarding Motion to Dismiss. (Schwartz, Joshua) |
| Filing 29 REPLY to Response to Motion re #25 MOTION to Dismiss Amended Complaint filed by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 28 RESPONSE in Opposition re #25 MOTION to Dismiss Amended Complaint filed by Michael T. Dolan. (Schwartz, Joshua) |
| Filing 27 CERTIFICATE OF SERVICE by PMI Mortgage Insurance Company, Walnut Creek, CA re #26 Memorandum in Support, #25 MOTION to Dismiss Amended Complaint (Schwartz, Joshua) |
| Filing 26 MEMORANDUM in Support re #25 MOTION to Dismiss Amended Complaint by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 25 MOTION to Dismiss Amended Complaint by PMI Mortgage Insurance Company, Walnut Creek, CA. (Schwartz, Joshua) |
| Filing 24 LETTER APPLICATION dtd 1/7/05 from Ted Eric May to Judge Hurley re: Request that this Court grant the Defendant a reasonable extension of time in which to serve the motion to dismiss the complaint. (Mierzejewski, Elizabeth) |
| Filing 23 RESPONSE in Opposition re: The Motion for an Extension of Time in the Letter dated 1/7/05 by defts Fairbanks et al., by Michael T. Dolan. (Fagan, Linda) |
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ORDER re #23 - The Court is in receipt of Defendants' letter requesting an extension of time to file their motion to dismiss, and Plaintiff's objections to same. For the reasons set forth in Defendants' letter, the Court grants a short extension of the briefing schedule, as follows: Defendants shall serve their motion papers on or before February 11, 2005; Plaintiff shall serve its opposition papers on or before March 11, 2005; Defendants shall serve its reply, if any, and file all papers, including a hard courtesy copy for chambers, on or before March 25, 2005. The Court notes that it is in receipt of Plaintiff's opposition papers filed on January 7, 2005. If Plaintiff chooses not to submit additional opposition papers, the Court will rely on its January 7th submission. Signed by Judge Denis R. Hurley on 1/10/05.
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| Filing 22 RESPONSE in Opposition in Opposition re: Deft. PMI's Motion to Dismiss, by Michael T. Dolan. (Fagan, Linda) |
| Filing 21 Letter from Michael T. Dolan to Hon. Judge Hurley U.S.D.C.J., (not dated) received in chambers on 12/9/04 re: To "ask the Court to have Defts pay all costs incurred by Pltff and abide by Court's decided orders". (Fagan, Linda) |
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ORDER - The Court is in receipt of Plaintiff's letter requesting that the Court "have Defendants pay all costs incurred by Plaintiff." Plaintiff's application is denied. Apparently Plaintiff is dissatisfied with the method used by Defendants to serve their motion papers on Plaintiff. Both parties are directed to serve all motion papers in accordance with the applicable Federal Rules of Civil Procedure and the individual rules of this Court. Signed by Judge Denis R. Hurley on 12/09/04.
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Filing 18
ORDER re #16 Letter - The Court grants Defendants' request to file a motion for summary judgment, see attached order. Signed by Judge Denis R. Hurley on 10/25/04.
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| Filing 20 Letter from Michael T. Dolan to The Honorable Denis R. Hurley, dated 10/18/04 re: To object to the (3) page letter dated 10/12/04 signed by Elizabeth Seabur, Esq. (10/12/04 letter attached). (Fagan, Linda) |
| Filing 19 Letter from Ted Eric May to Honorable Denis R. Hurley, dated 10/7/04 re: To request that Defts be granted leave to move to dismiss the complaint. (Fagan, Linda) |
| Filing 17 NOTICE by PMI Mortgage Insurance Company, Walnut Creek, CA Rule 7.1 Disclosure Statement (Seabury, Elizabeth) |
| Filing 16 Letter from O'Melveny & Myers (Elizabeth Seabury) to The Honorable Denis R. Hurley Regarding Leave to file a motion to dismiss the Amended Complaint pursuant to Individual Practice Rule 2B. (Seabury, Elizabeth) |
| Filing 15 AFFIDAVIT Of Service for Summons and Amended Complaint, by Michael T. Dolan. Fairbanks. Capital Corporation served on 9/21/04, answer due 10/11/04. (Fagan, Linda) |
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Filing 14
ORDER; denying 13 Motion to Compel. For the reasons set forth herein, Pltff's application is denied.( Signed by JudgeDenis R. Hurley on 7/13/04.) c/m (Fagan, Linda)
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| Case reassigned to Judge James Orenstein. Judge Michael L. Orenstein no longer assigned to the case. (Bowens, Priscilla) |
| Filing 13 MOTION to Compel the Court to issue an order directing (1) the Secretary of State of Utah to serve the complaint on deft Fairbanks Capital Corporation, located in Utah; (2) the Secretary of State of Delaware to serve the complaint on defts Fairbanks Capital Holding Corp. and Thomas Basmajian, both at the same location in Delaware; and (2) the Secretary of State of Arizona to serve the complaint on deft PMI Mortgage Company, located in Arizona; Alternatively, that the Court issue an order directing defts to waive service, or to allow service by the U.S. Marshals. File date: 7/13/04; Service date: (not advised); Filed by Michael T. Dolan. (Fagan, Linda) Modified on 7/26/2004 (Fagan, Linda). |
| Filing 12 AMENDED COMPLAINT against PMI Mortgage Insurance Company, Walnut Creek, CA, Thomas D. Basmajian, Fairbanks Capital Holding Corporation, Fairbanks Capital Corporation PMI Mortgage Insurance Company, Walnut Creek, CA, filed by Donna M. Dolan. (Fagan, Linda) Modified on 6/8/2004 (Fagan, Linda). |
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Filing 11
MEMORANDUM AND OPINION that the motion by Plaintiff for an extension of time to serve the complaint is denied as academic. Plaintiff's complaint is dismissed. Plaintif may file an amended complaint within thirty days of the date of this order. Failure to file an amended complaint within thirty days will result in dismissal of the action with prejudice. Failure to address the pleading concerns enumciated in this order may result in dismissal with prejudice. . Signed by Judge Denis R. Hurley on 3/23/04. cm(Mierzejewski, Elizabeth)
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| Filing 10 AFFIDAVIT/AFFIRMATION/MEMORANDUM OF LAW in Support of the 9 MOTION for Extension of Time to serve the complaint; filed by Michael T. Dolan. (Branciforte, Ralph) |
| Filing 9 MOTION for Extension of Time to Serve the complaint; filed by Michael T. Dolan. (Branciforte, Ralph) Modified on 11/7/2003 (Branciforte, Ralph). |
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Filing 8
Proposed ORDER TO SHOW CAUSE and Supporting Paperwork: Based on the information provided, including the purported basis for this court's jurisdiction, the court respectufly declines to sign this Order to Show Cause.. Unsigned by Judge Denis R. Hurley on 8/27/03. (Barhome, Sydelle)
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| Filing 7 Letter dtd 7/29/03 from Lorraine Sapienza to Mr. and Mrs. Dolan Regarding Enclosed instructions on how to complete service as the motion to proceed in forma pauperis has been denied. The filing fee must be submitted.. (Mierzejewski, Elizabeth) |
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Filing 6
ORDER denying 5 Motion for Leave to Proceed in forma pauperis. Signed by JudgeDenis R. Hurley on 7/28/03.cm (Mierzejewski, Elizabeth)
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| Filing 5 MOTION for Leave to Proceed in forma pauperis by Michael T. Dolan. (Mierzejewski, Elizabeth) |
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Filing 4
ORDER denying 2 Motion for Leave to Proceed in forma pauperis. Signed by JudgeDenis R. Hurley on 7/23/03. cm (Mierzejewski, Elizabeth)
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| Filing 3 Letter from Lorraine Sapienza to the Pro Se Litigant Regarding Acknowledgment of receipt of the Summons and Complaint with instructions on how to proceed.. (Mierzejewski, Elizabeth) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Donna M. Dolan, Michael T. Dolan. (Duong, Susan) |
| Filing 1 COMPLAINT against Fairbanks Capital Corporation Summons not issued., filed by Donna M. Dolan, Michael T. Dolan. (Attachments: #1 Civil Cover Sheet)(Duong, Susan) |
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