| Court: | cacd |
| Docket #: | 8:09-cv-01072 |
| Case Name: | Charles Edward Lincoln III v. Steven D Silverstein et al |
| PACER case #: | 453901 |
| Date filed: | 2009-09-16 |
| Date of last filing: | 2011-03-15 |
| Assigned to: | Judge David O. Carter |
| Referred to: | Magistrate Judge Charles F. Eick |
| Case Cause: | 18:1961 Racketeering (RICO) Act |
| Nature of Suit: | 470 Racketeer/Corrupt Organization |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Charles Edward Lincoln, III Plaintiff c/o Peyton Yates Freiman 603 Elmwood Place Suite #6 Austin, TX 78705 512-968-2500 |
Diane Beall |
| Christyna Lynn Gray Plaintiff TERMINATED: 09/14/2010 |
Christyna Lynn Gray |
| Renada Nadine March Plaintiff |
Renada Nadine March |
| Steven D Silverstein Defendant TERMINATED: 03/15/2011 |
Larry Rothman |
| Ron Elter Defendant TERMINATED: 03/15/2011 |
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| GRE Development Inc Defendant as agents and trustees of the 4 Via Corbina Trust TERMINATED: 03/15/2011 |
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| GRE Development Inc Defendant as agents for and trustee of the Via Corbina Trust 4 |
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| John Murk Defendant |
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| Dianne D'Agnolo Defendant |
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| The Honorable Sandra Hutchens Defendant |
Christina M Sprenger David D Lawrence Lyle Riggs |
| The Sheriff of Orange County Defendant |
Christina M Sprenger |
| Cal-Western Reconveyance Defendant |
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| Wells Fargo Bank NA Defendant TERMINATED: 09/14/2010 |
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| Dennis Stacy Defendant |
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| Coldwell Banker Defendant |
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| DOES Defendant John and Jane 1-20 |
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| Christopher Archuleta Defendant |
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| MERS Defendant TERMINATED: 01/27/2011 |
Joshua Andrew Del Castillo |
| Megladon Financial LLP Defendant |
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| Atlas Properties Real Estate Defendant |
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| James Radwan Defendant |
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| Rochelle Matkin Trustee Corps Defendant |
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| Russell Bell Defendant |
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| Quality Loan Service Corp Defendant |
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| First Newport Properties LLC Defendant |
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| JP Morgan Chase Defendant as successor in Interest to Washington Mutual TERMINATED: 09/14/2010 |
Stefan Perovich |
| Onewest Bank NA Defendant as successor in Interest and Alleged assignee of Indymac TERMINATED: 09/14/2010 |
Joshua Andrew Del Castillo |
| Anna Cohen Plaintiff TERMINATED: 09/22/2010 |
Anna Cohen |
| Joseph Cohen Plaintiff |
Joseph Cohen |
| Daniel Mack Plaintiff |
Daniel Mack |
| Richard Mendes Plaintiff |
Richard Mendes |
| Carol Cohen Plaintiff |
Carol Cohen |
| Alicia Singh Plaintiff |
Alicia Singh |
| Aurora I Diaz Movant TERMINATED: 06/30/2010 |
Aurora I Diaz |
| Fay E March Movant |
Fay E March |
| Jerry Brown Defendant Attorney General of California, in his Official Capacity |
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| Eric Holder Defendant United States Attorney General, in his official capacity |
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| John Rampello Defendant |
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| Arnold Alois Schwarzenegger Defendant Governor of the State of California, in his Official Capacity |
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| The State of California Defendant TERMINATED: 03/19/2012 |
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| Aegis Wholesale Corporation Defendant |
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| Edmund G Brown Defendant |
Joel A Davis |
| California Reconveyance Company Defendant |
Stefan Perovich |
| Chase Bank Defendant |
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| DNE associates LLP Defendant |
Larry Rothman |
| IndyMac Bank Defendant |
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| Lighthouse Trust #11, Catherine H. Meyer LLC Defendant |
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| MTC Financial Defendant |
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| Paul Margolis Defendant |
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| Catherine H Meyer Defendant |
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| Kenneth Meyer Defendant |
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| NJB Investment LP Defendant |
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| National T.D. Service Defendant |
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| Wells Fargo Bank Corporation Defendant |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-09-16 | 1 | 0 | Complaint - (Discovery) | COMPLAINT against all defendants. Filing fee $ 350 PAID. Jury Demanded. Filed by Plaintiff Charles Edward Lincoln, III.(smi) (lwag). (Entered: 09/17/2009) | 2009-11-12 06:39:10 | 8ce311aa850ccace414fe0c08c995ba66728ec13 |
| 2009-09-16 | 2 | 0 | Certificate/Notice of Interested Parties | CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Charles Edward Lincoln, III. (smi) (lwag). (Entered: 09/17/2009) | ||
| 2009-09-16 | 3 | 0 | Application for TRO | APPLICATION for Temporary Restraining Order and Memorandum of Points and Authorities in Support filed by Plaintiff Charles Edward Lincoln, III. (smi) (lwag). (Entered: 09/17/2009) | 2009-11-13 23:10:45 | 79fc98d9775868d93b2b85b91fd60677ddbc1257 |
| 2009-09-17 | 4 | 0 | Transferring Case purs GO 08-05 (Related Case (CV 34) | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 08-05 -Related Case- filed. Related Case No: SACV08-01334 DOC (Ex). Case transferred from Magistrate Judge Arthur Nakazato and Judge James V. Selna to Judge David O. Carter and Magistrate Judge Charles F. Eick for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV09-01072 DOC (Ex). Signed by Judge David O. Carter (ade) (Entered: 09/17/2009) | 2009-11-13 23:20:10 | 5965774233edcb68a6af35150f4e3d3c159df8db |
| 2009-09-17 | 5 | 0 | Order on Application for TRO | ORDER by Judge David O. Carter Denying 3 Ex Parte Application for Temporary Restraining Order. (See Attached) (rrp) (Entered: 09/17/2009) | 2009-11-13 23:21:31 | 2fcbb57847e853172962b33bbd53f654d0470b1f |
| 2009-09-28 | 6 | 0 | Service of Summons and Complaint Returned Executed (21 days) | PROOF OF SERVICE Executed by Plaintiff Charles Edward Lincoln, III, upon Ron Elter served on 9/25/2009, answer due 10/15/2009. The Complaint were served by Personal service, by Federal statute, upon Elizabeth, Secretary to Defendant Ron Elter. Due Dilligence declaration not attached. Original Summons not returned. (lwag) (Entered: 09/30/2009) | 2009-11-13 23:24:05 | 812dc814ac11a5a4fd88cd9bfd88f45a96bef206 |
| 2009-09-28 | 7 | 0 | Service of Summons and Complaint Returned Executed (21 days) | PROOF OF SERVICE Executed by Plaintiff Charles Edward Lincoln, III, upon Steven D Silverstein served on 9/25/2009, answer due 10/15/2009. The Complaint were served by Personal service, by Federal statute, upon Elizabeth, Secretary to Defendant Steven D. Silverstein. Due Dilligence declaration not attached. Original Summons not returned. (lwag) (Entered: 09/30/2009) | 2009-11-13 23:27:09 | 32641af96c28f9887ec6a5c48dec5518c3722c57 |
| 2009-09-28 | 8 | 0 | Service of Summons and Complaint Returned Executed (21 days) | PROOF OF SERVICE Executed by Plaintiff Charles Edward Lincoln, III, upon GRE Development Inc(Individually) served on 9/25/2009, answer due 10/15/2009. The Complaint were served by Personal service, by Federal statute, upon Elizabeth, Secretary to Defendant GRE Development. Due Dilligence declaration not attached. Original Summons not returned. (lwag) (Entered: 09/30/2009) | 2009-11-13 23:29:06 | b43c9c3e62752577854c827850d6b35468876f76 |
| 2009-09-28 | 9 | 0 | Service of Summons and Complaint Returned Executed (21 days) | PROOF OF SERVICE Executed by Plaintiff Charles Edward Lincoln, III, upon The Complaint were served by Personal service, by Federal statute, upon Elizabeth, Secretary to Defendant 4 Via Corbina Trust. Due Dilligence declaration not attached. Original Summons not returned. (lwag) (Entered: 09/30/2009) | 2009-11-13 23:31:07 | c076f912ee0ab73ab28177123307cacf93129817 |
| 2009-10-13 | 10 | 0 | Motion to Dismiss Case | NOTICE OF MOTION AND First MOTION to Dismiss Case notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r. c.p. rule 12) filed by defendant Steven D Silverstein. Motion set for hearing on 11/16/2009 at 08:30 AM before Judge David O. Carter. (Rothman, Larry) (Entered: 10/13/2009) | 2009-11-12 06:42:48 | 11d76750edf45bd7a8ca1e3c8f8b0d9ac0cac145 |
| 2009-10-13 | 11 | 0 | Declaration (Motion related) | DECLARATION of larry rothman in support of First MOTION to Dismiss Case notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r. c.p. rule 12)First MOTION to Dismiss Case notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r. c.p. rule 12) 10 declaration of larry rothman re: meet and confer filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 10/13/2009) | 2009-11-12 06:45:04 | 9479e195317aa330511ae8a9f3cbdac952e1851b |
| 2009-10-13 | 12 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support of First MOTION to Dismiss Case notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r. c.p. rule 12)First MOTION to Dismiss Case notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r. c.p. rule 12) 10 memorandum of points and authorities in support of motion to dismiss based upon rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r. c.p. rule 12) filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 10/13/2009) | 2009-11-13 23:37:30 | 8d75749e5c6b0cfce5f4f4b29a0ff56e81ca0fb0 |
| 2009-10-13 | 13 | 0 | Certificate/Notice of Interested Parties | certification and notice of interested parties certificate of Interested Parties filed by defendant Steven D Silverstein, (Rothman, Larry) (Entered: 10/13/2009) | 2009-11-13 23:40:05 | 6a1685215d8a588c9b9a2206cc938104606bfe57 |
| 2009-11-03 | 14 | 0 | Application for Extension of Time to File | (Trial-by-Jury Demanded) ExParte APPLICATION for Enlargement of Time, Continuance, and for Leave to File Electronically (ECF) filed by plaintiff Charles Edward Lincoln, III. (db) (Entered: 11/06/2009) | 2009-11-13 23:41:48 | 4a0f704586f2fe3c2d47e62c58d1de877436d1a7 |
| 2009-11-12 | 15 | 0 | Order on Application for Extension of Time to File Document | ORDER re Ex-Parte Application for Enlargement of Time, Continuance of Hearing and Electronic Filing by Judge David O. Carter 14 . Plaintiff Charles Edward Lincoln, III, shall have until 11/30/2009 to file his response to the Defendants' Motion to Dismiss and the hearing is continued until 12/14/2009 at 8:30 a.m. Plainitff's application to utilize electronic court filing is denied. (See Order for further details) (db) (Entered: 11/13/2009) | 2009-11-13 23:43:50 | bda4f5c1dea11e30c6e173968a992e67dc406d17 |
| 2009-11-30 | 16 | 0 | Ex Parte Application for Enlargement of Time to File | SECOND EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Response to Defendants' Motion to Dismiss filed by Plaintiff Charles Edward Lincoln, III.(nbo) (Entered: 12/01/2009) | 2009-12-22 18:00:13 | 7fc7dafa37a67b5c14929d1593eeaf45b72dd568 |
| 2009-12-01 | 17 | 0 | Order on Ex Parte Application for Enlargement of Time to File | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: GRANTING 16 Ex Parte Motion for Enlargement of Time: Because Plaintiff appears pro se and recently had a change of address through which mail sent to Plaintiff by the Court was returnedand notwithstanding Plaintiff's own failure to inform the Court of this changethe Court will grant this extension. However, Plaintiff is advised that further extensions to Plaintiff will not be granted in connection with this motion and will be highly disfavored in connection with any other motions. Furthermore, the Court will not grant any further ex parte motions in this matter which are submitted with no attempt to contact opposing counsel. It is ordered that Plaintiffs opposition to the Motion shall be due on December 7, 2009 and the hearing on this matter shall be moved to December 21, 2009 at 8:30 a.m. The Clerk shall serve this minute order on all parties to the action. (rla) (Entered: 12/02/2009) | 2009-12-02 15:27:24 | 0c90a128d14a6ea61df80219fe0763024a3bb00a |
| 2009-12-07 | 18 | 0 | Response in Opposition to Motion | RESPONSE to Steven D. Silverstein's Motion to Dismiss filed by Plaintiff Charles Edward Lincoln, III 10 . (db) (Entered: 12/08/2009) | 2009-12-09 10:07:59 | e53f2e283896590a7f33ca58d0fb714dc76b8000 |
| 2009-12-07 | 19 | 0 | Amended Complaint | FIRST AMENDED COMPLAINT against Defendants Cal-Western Reconveyance, Wells Fargo Bank NA, Dennis Stacy, Coldwell Banker, DOES, Steven D Silverstein, Ron Elter, GRE Development Inc(Individually), GRE Development Inc(as agents for and trustee of the Via Corbina Trust 4), John Murk, Christopher Archuleta, MERS, Megladon Financial LLP, Atlas Properties Real Estate, James Radwan, Rochelle Matkin Trustee Corps, Russell Bell, Dianne D'Agnolo, Quality Loan Service Corp, First Newport Properties LLC, JP Morgan Chase, Onewest Bank NA, Sandra Hutchens and Sheriff of Orange County amending Complaint - (Discovery) 1 filed by Plaintiffs Charles Edward Lincoln, III, Christyna Lynn Gray and Renada Nadine March. (lwag) (Entered: 12/09/2009) | 2009-12-22 18:18:00 | 186d947a1fe7b7e2caab0c30e3b87cedd868b4c8 |
| 2009-12-10 | 20 | 0 | Response in Opposition to Motion | OPPOSITION reply to opposition to motion to dismiss; memorandum of points and authorities in support of thereof filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 12/10/2009) | 2009-12-10 17:49:16 | de4e6dcbed89e34298aeffceeccd2625696a0e71 |
| 2009-12-16 | 21 | 0 | Order on Motion to Dismiss Case | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: GRANTING LEAVE TO AMEND COMPLAINT AND DENYING MOTION TO DISMISS 10 AS MOOT: As Plaintiff has filed his First Amended Complaint, and the Court grants leave to file it, the Court DENIES AS MOOT Defendant's Motion to Dismiss the Complaint without prejudice. Should Defendants file a renewed Motion to Dismiss, Plaintiff is directed to address that motion on the merits and only file a Second Amended Complaint following full briefing and the court's decision on the Motion to Dismiss and grant of leave to file the amended complaint. The Clerk shall serve this minute order on all parties to the action. (rla) (Entered: 12/16/2009) | 2009-12-17 19:52:04 | b1a57e738a0a4e16c2fd84d6a33857cea161ef26 |
| 2009-12-31 | 22 | 0 | Motion to Dismiss (cause or other) | NOTICE OF MOTION AND First MOTION to Dismiss first amended complaint pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12) filed by defendant Steven D Silverstein. Motion set for hearing on 1/25/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 memorandum of points and authorities in support of motion to dismiss based upon rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12))(Rothman, Larry) (Entered: 12/31/2009) | 2010-02-26 04:32:24 | c89fb4cbc421a44cea5dbbe23796bd17c1426e3b |
| 22 | 1 | memorandum of points and authorities in support of motion to dismiss based upon | 2010-02-26 04:38:23 | b591edc438801ad9a043a6857383727eb505e991 | ||
| 2010-01-11 | 23 | 0 | Motion for Extension of Time to File | MOTION to Extend Time to Respond and for Continuance of Hearing set for 01/25/2010 filed by plaintiff Renada Nadine March. (db) (Entered: 01/12/2010) | ||
| 2010-01-14 | 24 | 0 | Objection/Opposition (Motion related) | Opposition Opposition re: APPLICATION for Extension of Time to File Response to Defendants' Motion to Dismiss 14 Opposition to Ex-Parte Application to Respond to the Motion to Dismiss filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 01/14/2010) | 2010-01-19 19:00:18 | 1bdd292a5e47f28310dce22ceedf71e010d37090 |
| 2010-01-19 | 25 | 0 | Order on Motion for Extension of Time to File | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: GRANTING IN PART AND DENYING IN PART PLAINTIFF MARCH'S EX PARTE MOTION TO EXTEND TIME 23 : (See document for further details.) Motion to Dismiss is hereby GRANTED AS UNOPPOSED for Plaintiff Gray. Plaintiff Gray's Complaint is hereby DISMISSED as to Steven D. Silverstein, Ron Elter, and GRE Development, Inc. Plaintiffs March and Lincoln shall have until February 8, 2010 to file their opposition to the Motion to Dismiss, and the hearing on the Motion to Dismiss is CONTINUED to February 22, 2010 at 8:30 a.m. The Clerk shall serve this minute order on all parties to the action. (rla) (Entered: 01/20/2010) | 2010-01-21 21:33:06 | 8d535fe27419209748dde94428572611fcda58dc |
| 2010-02-09 | 26 | 0 | Non-Opposition to Motion | NOTICE OF NON-OPPOSITION to First MOTION to Dismiss first amended complaint pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12)First MOTION to Dismiss first amended complaint pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12) 22 filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 02/09/2010) | 2010-02-10 08:05:06 | 061a7e44bbdc9bd48d6e70ea62554e1e8da58198 |
| 2010-02-10 | 27 | 0 | Response in Opposition to Motion | FIRST AMENDED RESPONSE with Brief and Memorandum of Points and Authorities (in Response to Silverstein's Motion to Dismiss (Doc 22)) filed by Plaintiffs Charles Edward Lincoln, III, Renada Nadine March. (db) (Entered: 02/10/2010) | 2010-02-10 19:42:16 | 44391e18d70a770d4bcc926001355e516e693e08 |
| 2010-02-09 | 28 | 0 | Notice of Document Discrepancies - Granting | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge David O. Carter ORDERING Response brief submitted by Plaintiff Charles Edward Lincoln, III received on 2/8/10 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (ade) (Entered: 02/11/2010) | ||
| 2010-02-08 | 29 | 0 | Response in Opposition to Motion | RESPONSE BRIEF re: 22 . Filed by Plaintiffs Charles Edward Lincoln, III, Renada Nadine March. (ade) (Entered: 02/11/2010) | ||
| 2010-02-16 | 30 | 0 | Reply (Motion related) | REPLY First MOTION to Dismiss first amended complaint pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12)First MOTION to Dismiss first amended complaint pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12) 22 filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 02/16/2010) | 2010-02-16 20:41:07 | 1cb53124ada8fda40080d301d1493209c20bc901 |
| 2010-02-16 | 31 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER held before Judge David O. Carter taking Matter Under Submission. Before the Court is the Motion by Defendant, Steven D. Silverstein to Dismiss 22 , the Court finds the matter appropriate for decision without oral argument. Accordingly, the hearing set for February 22, 2010 is removed from the calendar. (smi) (Entered: 02/16/2010) | ||
| 2010-05-24 | 32 | 0 | Notice (Other) | NOTICE of Filing Appellates Response to Ninth Circuit Clerk's Response to Circuit Rule 3.6 Order to Show Cause filed by Plaintiff Renada Nadine March. (cbr) (Entered: 05/26/2010) | ||
| 2010-06-10 | 33 | 0 | Motion to Intervene | Lincoln & Diaz Joint MOTION for Leave to Intervene, and/or to Consolidate Cases and to Continue Cases and to Continue Hearing Until July 19 to Allow Joint Argument and to Call Live Witnesses, Regarding Civil Rights Injunction & Removal filed by plaintiffs/movants Aurora I Diaz, Charles Edward Lincoln, III, Fay E March, Renada Nadine March. (Attachments: # 1 Part 2)(db) (Entered: 06/16/2010) | ||
| 2010-06-16 | 34 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES OF IN CHAMBERS ORDER by Judge David O. Carter, REQUESTING SUPPLEMENTAL BRIEFING REGARDING MOTION TO DISMISS 22 : Supplemental briefing on this issue is required. The parties are directed to file the following: 1. Defendant shall file a supplemental brief addressing whether the doctrines ofcollateral attack and collateral estoppel apply in this action, and if so, to whichclaims those doctrines apply within ten (10) days of this order; 2. Plaintiffs shall file an opposition supplemental brief addressing the same issues within twenty (20) days of this order. At the same time, Plaintiffs shall file the docket sheet, operative complaint, and all orders by the state court in each of their unlawful detainer actions and any other state court actions relating to their subject property.(rla) (Entered: 06/16/2010) | ||
| 2010-06-24 | 35 | 0 | Supplement(Motion related) | SUPPLEMENT to First MOTION to Dismiss first amended complaint pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12)First MOTION to Dismiss first amended complaint pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12) 22 PURSUANT TO COURT ORDER OF JUNE 16, 2010 filed by Defendant Steven D Silverstein. (Attachments: # 1 Exhibit REQUEST FOR JUDICIAL NOTICE)(Rothman, Larry) (Entered: 06/24/2010) | ||
| 2010-06-30 | 36 | 0 | Order on Motion to Intervene | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: denying 33 Motion to Intervene and or consolidate cases and to continue hearing to allow joint argument and call live witnesses. (twdb) (Entered: 07/01/2010) | ||
| 2010-07-01 | 37 | 0 | Order on Motion to Dismiss | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: granting in part and denying in part 22 Motion to Dismiss. Defendants Steven D. Silverstein, Ron Elter, and GRE Development, Inc.s Motion to Dismiss is GRANTED IN PART AND DENIED IN PART. The Court GRANTS the Motion to Dismiss as to Counts I - IV, VII - XI, and XIII with leave to amend. The Court DENIES AS MOOT Defendants Motion to Dismiss Count V and VI as the Counts do not appear to assert any claims against those Defendants. The Court DENIES the Motion to Dismiss as to Count XII. Finally, the Court DENIES the Motion to Dismiss for Lack of Subject Matter Jurisdiction. The Court GRANTS AS UNOPPOSED Defendants Motion to Dismiss all claims asserted by Plaintiff Gray. Should Plaintiffs choose to amend their complaint, they shall do so within twenty (20) days of this Order. Any amended complaint shall specify in the caption for each claim for relief which Defendants the claim is being asserted against and which Plaintiffs are asserting that claim. Defendants shall bring any further Motion to Dismiss within twenty (20) days thereafter. (ade) (Entered: 07/02/2010) | ||
| 2010-07-19 | 38 | 0 | Motion for Extension of Time to Amend | MOTION for Extension of Time to Amend First Amended Complaint 19 filed by plaintiff Charles Edward Lincoln, III. Motion set for hearing on 8/30/2010 at 08:30 AM before Judge David O. Carter. (twdb) (Entered: 07/20/2010) | ||
| 2010-07-20 | 39 | 0 | Motion for Enlargement of Time to File Document | CORRECTED MOTION for Enlargement of Time to File Second Amended Complaint filed by plaintiff Charles Edward Lincoln, III. Motion set for hearing on 8/30/2010 at 08:30 AM before Judge David O. Carter. (nca) (Entered: 07/21/2010) | ||
| 2010-07-26 | 40 | 0 | Answer to Complaint (Discovery) | ANSWER to Amended Complaint,, 19 filed by DEFENDANTS Steven D Silverstein.(Rothman, Larry) (Entered: 07/26/2010) | ||
| 2010-07-29 | 41 | 0 | Order on Motion for Extension of Time to Amend | MINUTES (IN CHAMBERS) ORDER Granting Motion for Enlargement of Time by Judge David O. Carter 38 39 . Plaintiffs Motion for Enlargement of Time is GRANTED, although not for the period sought by Plaintiff, which is excessive. Plaintiff shall receive twenty (20) additional days to file the amended complaint from the date of this order. (db) (Entered: 07/29/2010) | ||
| 2010-08-20 | 42 | 0 | Notice (Other) | NOTICE NOTICE THAT NO FURTHER AMENDED COMPLAINTS CAN filed by DEFENDANT Steven D Silverstein. (Rothman, Larry) (Entered: 08/20/2010) | ||
| 2010-08-20 | 43 | 0 | Motion for Leave | MOTION for Leave to File Second Amended Complaint filed by plaintiffs Charles Edward Lincoln, III, Renada Nadine March. Motion set for hearing on 9/20/2010 at 08:30 AM before Judge David O. Carter. Lodged Second Amended Complaint. (db) (Entered: 08/23/2010) | ||
| 2010-08-26 | 44 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge David O. Carter Taking Matter Under Submission. Before the Court is Plaintiffs Motion for Enlargement of the Time to File Second Amended Complaint (Docket 39). The court finds this matter appropriate for decision without oral argument. Fed.R.Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for August 30, 2010 at 8:30 a.m. is removed from the calendar. Parties will be served with the Courts ruling. (db) (Entered: 08/26/2010) | ||
| 2010-08-30 | 45 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTE ORDER IN CHAMBERS by Judge David O. Carter Vacating Minute Order of 08/26/2010. On August 26, 2010, the Court issued a Minute Order Taking Matter Under Submission in Case No. SACV 09-1072 (Docket 44). The above-referenced Minute Order was issued in error, as it purported to take under submission Plaintiffs Motion for Enlargement of Time to File Second Amended Complaint (Docket 39). The Motion for Enlargement of Time to File Second Amended Complaint was granted by the Court on July 29, 2010, extending the deadline for filing the second amended complaint by twenty (20) days. As such, the Courts Minute Order of August 26, 2010 (Docket 44) was issued in error. On its own motion, the Court hereby VACATES the Minute Order issued August 26, 2010 (Docket 44). The (db) (Entered: 09/01/2010) | ||
| 2010-09-14 | 46 | 0 | Order on Motion for Leave | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: DENYING AS MOOT MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT 43 : Plaintiffs' Second Amended Complaint, lodged on August 20, 2010 is hereby FILED. The Court, however, notes Plaintiffs' assertion in its Motion for Leave to File Second Amended Complaint, that Plaintiffs "will be seeking further leave to amend and file their 3rd Amended Complaint within 7 days." Pl.'s Mot. at 1. The Court hereby ORDERS that if Plaintiffs wish to file a Third Amended Complaint, they must do so no later than September 22, 2010. Defendants shall file their answer or motion with respect to the operative amended complaint no later than October 13, 2010. All parties shall take notice that the hearing currently set for this matter on September 20, 2010 is removed from the Courts calendar. (rla) (Entered: 09/17/2010) | ||
| 2010-09-14 | 47 | 0 | Amended Complaint | SECOND AMENDED COMPLAINT against defendants Christopher Archuleta, Atlas Properties Real Estate, Russell Bell, Jerry Brown, Cal-Western Reconveyance, Coldwell Banker, Dianne D'Agnolo, Ron Elter, First Newport Properties LLC, GRE Development Inc(Individually), GRE Development Inc(as agents for and trustee of the Via Corbina Trust 4), Eric Holder, Sandra Hutchens, MERS, Megladon Financial LLP, John Murk, Quality Loan Service Corp, James Radwan, John Rampello, Rochelle Matkin Trustee Corps, Arnold Alois Schwarzenegger, Sheriff of Orange County, Steven D Silverstein, Dennis Stacy, The State of California; Party Wells Fargo Bank NA, JP Morgan Chase and Onewest Bank NA terminated amending Complaint - (Discovery) 1 ;filed by plaintiffs Anna Cohen, Joseph Cohen, Charles Edward Lincoln, III, Daniel Mack, Renada Nadine March, Richard Mendes (Attachments: # 1 part 2)(rla) (Entered: 09/17/2010) | ||
| 2010-09-22 | 48 | 0 | Amended Complaint | THIRD AMENDED COMPLAINT against defendants Aegis Wholesale Corporation, Christopher Archuleta, Atlas Properties Real Estate, Russell Bell, Edmund G Brown, Jerry Brown, Cal-Western Reconveyance, California Reconveyance Company, Chase Bank, Coldwell Banker, Dianne D'Agnolo, DNE associates LLP, DOES, Ron Elter, First Newport Properties LLC, GRE Development Inc(Individually), GRE Development Inc(as agents and trustees of the 4 Via Corbina Trust), Eric Holder, Sandra Hutchens, IndyMac Bank, Lighthouse Trust #11, Catherine H. Meyer LLC, MERS, MTC Financial, Paul Margolis, Megladon Financial LLP, Catherine H Meyer, Kenneth Meyer, John Murk, NJB Investment LP, National T.D. Service, Quality Loan Service Corp, James Radwan, John Rampello, Rochelle Matkin Trustee Corps, Arnold Alois Schwarzenegger, Sheriff of Orange County, Steven D Silverstein, Dennis Stacy, The State of California, Wells Fargo Bank Corporation amending Complaint - (Discovery) 1 ,filed by plaintiffs Carol Cohen, Joseph Cohen, Charles Edward Lincoln, III, Daniel Mack, Renada Nadine March, Richard Mendes, Alicia Singh (Attachments: # 1 PART 2, # 2 PART 3, # 3 PART 4)(rla) (Additional attachment(s) added on 1/12/2012: # 4 summons, # 5 summons 2) (twdb). (Entered: 09/27/2010) | 2010-11-04 01:36:20 | ca890cb32f2f34716225449f42a2245dd32c95f6 |
| 48 | 1 | PART 2 | ||||
| 48 | 2 | PART 3 | ||||
| 48 | 3 | PART 4 | ||||
| 2010-10-12 | 49 | 0 | Motion to Dismiss Case | NOTICE OF MOTION AND MOTION to Dismiss Case Third Amended Complaint filed by Defendants MERS, Onewest Bank NA. Motion set for hearing on 11/22/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order, # 2 Proof of Service)(Del Castillo, Joshua) (Entered: 10/12/2010) | ||
| 2010-10-12 | 50 | 0 | Motion Related Document | REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Third Amended Complaint 49 filed by Defendants MERS, Onewest Bank NA. (Attachments: # 1 Exhibit 1 through 7, # 2 Exhibit 8 through 11, # 3 Proof of Sservice)(Del Castillo, Joshua) (Entered: 10/12/2010) | ||
| 2010-10-13 | 51 | 0 | Motion to Strike | NOTICE OF MOTION AND MOTION to Strike 3rd Amended Complaint based upon anti-SLAPP filed by defendant Steven D Silverstein. Motion set for hearing on 11/22/2010 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum Points and Authorities in Support of Motion to Strike)(Rothman, Larry) (Entered: 10/13/2010) | 2010-10-30 11:55:12 | c47cda4a31af13440bcfd4a565af8b2bab5cd7b9 |
| 51 | 1 | Memorandum Points and Authorities in Support of Motion to Strike | ||||
| 2010-10-14 | 52 | 0 | Memorandum in Support of Motion | MEMORANDUM in Support memorandum of points and authorities in support of motion to dismiss third amended complaint pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 10/14/2010) | ||
| 2010-10-14 | 53 | 0 | Motion to Dismiss (cause or other) | notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure re First MOTION to Dismiss Case notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r. c.p. rule 12)First MOTION to Dismiss Case notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r. c.p. rule 12) 10 notice of motion and motion to dismiss pursuant to rules 12(b)(1) and 12(b)(6) of the federal rules of civil procedure (f.r.c.p. rule 12) filed by Defendant Steven D Silverstein. (Rothman, Larry) Modified on 10/21/2010 (wr). (Entered: 10/14/2010) | ||
| 2010-10-21 | 54 | 0 | Notice of Deficiency in Electronically Filed Documents (G-112) | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Dismiss 53 . The following error(s) was found: Incorrect event selected. The correct event is: Motion -- Dismiss (cause or other). In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (wr) (Entered: 10/21/2010) | ||
| 2010-10-26 | 55 | 0 | Application to Substitute Attorney | Ex-Parte APPLICATION to Substitute attorney Diane Beall Templin in place of attorney Charles Lincoln pro per; Notice of Appearance filed by plaintiff Charles Edward Lincoln, III. Lodged order. (twdb) (Entered: 10/27/2010) | ||
| 2010-10-28 | 56 | 0 | Objection/Opposition (Motion related) | OPPOSITION OF MERS AND ONEWEST BANK, FSB TO EX PARTE APPLICATION OF PLAINTIFF CHARLES EDWARD LINCOLN, III re: APPLICATION to Substitute attorney Diane Beall Templin in place of attorney Charles Lincoln pro per 55 (with Proof of Service) filed by Defendants MERS, Onewest Bank NA. (Del Castillo, Joshua) (Entered: 10/28/2010) | ||
| 2010-10-29 | 57 | 0 | Order on Application to Substitute Attorney | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: granting in part and denying in part 55 Application to Substitute Attorney. Plaintiff requests leave to substitute Diane Beall Templin as his attorney. Plaintiff further requests that the Court enter an order vacating the hearing on Defendants' Motion to Dismiss currently scheduled for November 22, 2010 and granting Plaintiff leave to file a Fourth Amended Complaint. Plaintiff's request to substitute Diane Beall Templin as his attorney is hereby GRANTED. The remainder of Plaintiff's Application is DENIED. (rla) (Entered: 10/29/2010) | ||
| 2010-11-08 | 58 | 0 | Ex Parte Application to Continue | EX PARTE APPLICATION for Continuance of Hearing on Defendants' Motions to Dismiss, Anti-Slapp, and Judicial Notice, now set for 8:30 a.m. on Monday, November 22, 2010 filed by plaintiffs Anna Cohen, Carol Cohen, Joseph Cohen, Charles Edward Lincoln, III, Daniel Mack, Renada Nadine March, Richard Mendes, Alicia Singh. Lodged Order.(db) (Entered: 11/09/2010) | ||
| 2010-11-09 | 59 | 0 | Order on Ex Parte Application to Continue | MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter Continuing Hearing; Setting Briefing Deadlines. The Court is in receipt of Plaintiffs Ex Parte Application for Continuance of Hearing on Defendants Motions to Dismiss, Anti-SLAAP Motion to Strike and Request for Judicial Notice 58 . The hearing date for Defendants Motion to Dismiss, Anti-SLAAP Motion to Strike and Request for Judicial Notice (collectively, Defendants Motions) is set for November 22, 2010. The Court hereby CONTINUES the hearing date on these motions from November 22, 2010 to December 6, 2010. Any Opposition to Defendants Motions shall be filed no later than November 24, 2010. Any reply by Defendants shall be due no later than December 1, 2010. (db) (Entered: 11/09/2010) | ||
| 2010-11-22 | 61 | 0 | Response (non-motion) | RESPONSE filed by Plaintiffs Carol Cohen, Joseph Cohen, Charles Edward Lincoln, III, Daniel Mack, Renada Nadine March, Richard Mendes, Alicia Singh to MOTION to Strike 3rd Amended Complaint based upon anti-SLAPP 51 , Memorandum in Support of Motion, 52 , Motion Related Document 50 , MOTION to Dismiss Case Third Amended Complaint 49 . (rla) (Entered: 11/24/2010) | 2011-06-20 22:29:07 | e3fbe4eb1918d84f87275e201f481d763a67ab99 |
| 2010-11-30 | 63 | 0 | Order on Motion to Dismiss Case | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter, TAKING MATTER UNDER SUBMISSION re: 49 Motion to Dismiss; 51 Motion to Strike; and 53 Motion to Dismiss. Accordingly, the hearing set for December 6, 2010 at 8:30 a.m. is removed from the calendar. Parties will be served with the Court's ruling. (rla) (Entered: 11/30/2010) | 2011-06-20 16:36:43 | 73b71a3e93bf407bfe5a2c008f75a809c3241776 |
| 2010-12-01 | 64 | 0 | Reply (Motion related) | REPLY REPLY IS IN SUPPORT OF MOTION MOTION to Dismiss 53 AND MOTION TO STRIKE (ANTI-SLAPP) filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 12/01/2010) | ||
| 2010-12-01 | 65 | 0 | Reply (Motion related) | REPLY TO PLAINTIFFS' COMBINED RESPONSE TO DOCUMENTS 49, 50, 51-1 & 52 AND IN SUPPORT OF MOTION to Dismiss Case Third Amended Complaint 49 (with Proof of Service) filed by Defendants MERS, Onewest Bank NA. (Del Castillo, Joshua) (Entered: 12/01/2010) | ||
| 2011-01-27 | 67 | 0 | Order on Motion to Dismiss Case | MINUTES (IN CHAMBERS) ORDER by Judge David O. Carter granting 49 Motion to Dismiss Case. The Court GRANTS the Moving Defendants' Motion to Dismiss. Plaintiff's claims against Moving Defendants are DISMISSED WITH PREJUDICE. (See document for further details.) (jba) (Entered: 01/28/2011) | 2011-06-20 16:37:14 | 9ac13f03b76dcf58b2917a10304305f745ab56ab |
| 2011-03-15 | 69 | 0 | Order on Motion to Strike | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: GRANTING MOTION TO DISMISS CLAIMS AGAINSTDEFENDANTS SILVERSTEIN, ELTER AND GREDEVELOPMENT, INC. 51 . (See document for details.) Moving Defendants' Motion is hereby GRANTED. Plaintiffs' claims against Moving Defendants are DISMISSED WITH PREJUDICE. (rla) (Entered: 03/16/2011) | 2011-06-20 16:38:33 | c8562923ee1a83c25e0156c886520d319d9d8528 |
| 2011-03-15 | 70 | 0 | Minutes of In Chambers Order/Directive - no proceeding held | MINUTES: IN CHAMBERS by Judge David O. Carter: ORDER DENYING MOTION to Strike 3rd Amended Complaint AS MOOT 51 . (twdb) (Entered: 03/16/2011) | 2011-06-20 16:59:42 | d5881c684108e8437fff366fbe4eee31f966d5d9 |
| 2011-06-27 | 75 | 0 | MOTION for Extension of Time for entry of Final Judgment and to Reconsider and Set Aside or Clarify Order of Dismissal entered filed by plaintiff Renada Nadine March. Motion set for hearing on 7/25/2011 at 08:30 AM before Judge David O. Carter. (twdb) (Entered: 06/28/2011) | |||
| 2011-06-29 | 76 | 0 | OPPOSITION OF MERS AND ONEWEST BANK, FSB re: MOTION for Extension of Time to File for entry of Final Judgment 75 (with Proof of Service) filed by Defendants MERS, Onewest Bank NA. (Del Castillo, Joshua) (Entered: 06/29/2011) | |||
| 2011-06-29 | 77 | 0 | REQUEST FOR JUDICIAL NOTICE IN OPPOSITION TO re MOTION for Extension of Time to File for entry of Final Judgment 75 (with Proof of Service) filed by Defendants MERS, Onewest Bank NA. (Del Castillo, Joshua) (Entered: 06/29/2011) | |||
| 2011-07-18 | 78 | 0 | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: denying 75 Motion for Extension of Time to File. The hearing on the motion presently set for 7/25/11 is removed from the Court's calendar. (twdb) (Entered: 07/19/2011) | |||
| 2011-08-31 | 82 | 0 | MINUTE ORDER IN CHAMBERS by Judge David O. Carter: order to show cause why this case should not be dismissed for lack of prosecution. See minute order for more information.( Show Cause Response due by 9/30/2011.) (twdb) (Entered: 09/01/2011) | |||
| 2011-09-30 | 86 | 0 | RESPONSE to ORDER TO SHOW CAUSE 82 and REQUEST FOR JUDICAL NOTICE OF LEGAL MALPRACTICE; filed by Plaintiffs Charles Edward Lincoln, III, Daniel Mack, Renada Nadine March, Richard Mendes (Attachments: # 1 PART 2, # 2 PART 3)(rla) (Entered: 10/04/2011) | 2011-10-05 22:40:51 | beff9f90ede7903e6f0d0213ed4989b12c23e335 | |
| 2011-10-17 | 87 | 0 | MINUTE ORDER IN CHAMBERS by Judge David O. Carter Setting Deadline to Serve Remaining Defendants. The Plaintiffs are given to January 17, 2012 to serve all remaining defendants in this action. Failure to serve remaining defendants will result in a dismissal of the case for lack of prosecution. (db) (Entered: 10/17/2011) | |||
| 2012-01-24 | 89 | 0 | PROOF OF SERVICE Executed by Plaintiff Daniel Mack, upon defendant Sandra Hutchens served on not indicated. Service of the Summons and Complaint were executed upon Sandra Hutchens Asian female early 40's in compliance with statute not specified by personal service. Original Summons NOT returned. (twdb) (Entered: 01/25/2012) | |||
| 2012-01-24 | 90 | 0 | PROOF OF SERVICE Executed by Plaintiff Daniel Mack, upon Defendant JP Morgan Chase Bank NA served on 1/17/2012, answer due 2/7/2012. Service of the Summons and Complaint were executed upon Jeffrey K. Nickels, Jr no title, in compliance with statute not specified by personal service. Original Summons NOT returned. (twdb) (Entered: 01/25/2012) | |||
| 2012-01-24 | 91 | 0 | PROOF OF SERVICE Executed by Plaintiff Daniel Mack, upon Defendant Steven D Silverstein Attorney At Law served on 1/17/2012, answer due 2/7/2012. Service of the Summons and Complaint were executed upon Steven D. Silverstein in compliance with statute not specified by personal service. Original Summons NOT returned. (twdb) (Entered: 01/25/2012) | |||
| 2012-01-24 | 92 | 0 | PROOF OF SERVICE Executed by Plaintiff Daniel Mack, upon Debra Bowen, Secretary of State of California served on 1/17/2012, answer due 2/7/2012. Service of the Summons and Complaint were executed upon Sharon Hawkins in compliance with statute not specified by personal service. Original Summons NOT returned. (twdb) (Entered: 01/25/2012) | |||
| 2012-01-24 | 93 | 0 | PROOF OF SERVICE Executed by Plaintiff Daniel Mack, upon Kamala D. Harris, Attorney General of the State of California Service of the Summons and Complaint were executed upon Yolanda Sagarminaga in compliance with statute not specified by personal service. Original Summons NOT returned. (twdb) (Entered: 01/26/2012) | |||
| 2012-01-24 | 94 | 0 | PROOF OF SERVICE Executed by Plaintiff Daniel Mack, upon Defendant DNE associates served on 1/17/2012, answer due 2/7/2012. Service of the Summons and Complaint were executed upon white female (late 50's) in compliance with statute not specified by personal service. Original Summons NOT returned. (twdb) (Entered: 01/26/2012) | |||
| 2012-02-02 | 95 | 0 | CERTIFICATE of Interested Parties filed by Defendant Sandra Hutchens, Sheriff of Orange County, (Sprenger, Christina) (Entered: 02/02/2012) | |||
| 2012-02-02 | 96 | 0 | EX PARTE APPLICATION for Extend Time to File Answer to 2/28/2012 re Amended Complaint,,,, 48 filed by Defendant Sandra Hutchens, Sheriff of Orange County. (Attachments: # 1 Proposed Order)(Sprenger, Christina) (Entered: 02/02/2012) | |||
| 2012-02-06 | 97 | 0 | ORDER by Judge David O. Carter: GRANTING DEFENDANT HUTCHENS ADDITIONAL TIME TO RESPOND TO PLAINTIFFS' THIRD AMENDED COMPLAINT: Granting 96 Ex Parte Application for Extension of Time to Answer. Sandra Hutchens responsive pleading due 2/28/2012. (rla) (Entered: 02/06/2012) | |||
| 2012-02-07 | 98 | 0 | NOTICE OR CERTIFICATE OF INTERESTED PARTY of Interested Parties filed by DEFENDANT DNE associates LLP, identifying DNE ASSOCIATES, LLP. (Rothman, Larry) (Entered: 02/07/2012) | |||
| 2012-02-07 | 99 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Case filed by DEFENDANT DNE associates LLP. Motion set for hearing on 3/12/2012 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS 3RD AMENDED COMPLAINT BY SILVERSTEIN AND DNE, # 2 Exhibit REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS 3RD AMENDED COMPLAINT, # 3 Declaration DECLARATION OF LARRY ROTHMAN UNDER LOCAL RULE 7-3)(Rothman, Larry) (Entered: 02/07/2012) | |||
| 2012-02-07 | 100 | 0 | NOTICE OF MOTION AND MOTION to Strike MOTION TO STRIKE 3RD AMENDED COMPLAINT BASED UPON ANTI-SLAPP Amended Complaint,,,, 48 filed by DEFENDANT DNE associates LLP. Motion set for hearing on 3/12/2012 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO STRIKE (ANTI-SLAPP) THIRD AMENDED COMPLAINT, # 2 Exhibit REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO STRIKE, # 3 Declaration DECLARATION OF LARRY ROTHMAN UNDER LOCAL RULE 7-3, # 4 Declaration DECLARATION OF LARRY ROTHMAN IN SUPPORT OF ATTORNEY FEES REQUESTED AGAINST EACH PLAINTIFF)(Rothman, Larry) (Entered: 02/07/2012) | |||
| 2012-02-07 | 101 | 0 | NOTICE OF ERRATA filed by Defendant DNE associates LLP. correcting MOTION to Strike MOTION TO STRIKE 3RD AMENDED COMPLAINT BASED UPON ANTI-SLAPP Amended Complaint,,,, 48 MOTION to Strike MOTION TO STRIKE 3RD AMENDED COMPLAINT BASED UPON ANTI-SLAPP Amended Complaint,,,, 48 MOTION to Strike MOTION TO STRIKE 3RD AMENDED COMPLAINT BASED UPON ANTI-SLAPP Amended Complaint,,,, 48 100 CORRECTING REQUEST FOR JUDICIAL NOTICE - ERRANDUM (Rothman, Larry) (Entered: 02/07/2012) | |||
| 2012-02-07 | 102 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) filed by Defendants California Reconveyance Company, JP Morgan Chase. Motion set for hearing on 4/2/2012 at 08:30 AM before Judge David O. Carter. (Perovich, Stefan) (Entered: 02/07/2012) | |||
| 2012-02-07 | 103 | 0 | MEMORANDUM in Support of MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) 102 filed by Defendants California Reconveyance Company, JP Morgan Chase. (Perovich, Stefan) (Entered: 02/07/2012) | |||
| 2012-02-07 | 104 | 0 | INITIAL DISCLOSURE re MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) 102 filed by Defendants California Reconveyance Company, JP Morgan Chase (Perovich, Stefan) (Entered: 02/07/2012) | |||
| 2012-02-07 | 105 | 0 | Certificate of Interested Parties filed by Defendants California Reconveyance Company, JP Morgan Chase, identifying JPMORGAN CHASE BANK, N.A. and CALIFORNIA RECONVEYANCE COMPANY. (Perovich, Stefan) (Entered: 02/07/2012) | |||
| 2012-02-10 | 106 | 0 | EX PARTE APPLICATION of Diane Beall to Withdraw as Attorney for Plaintiff Charles Edward Lincoln III filed by Plaintiff Charles Edward Lincoln, III. (Attachments: # 1 Declaration, # 2 Proposed Order)(Beall, Diane) (Entered: 02/10/2012) | 2012-02-14 14:37:35 | 297cf3e621b56bd66ff8f58f51a89d8d290a60f7 | |
| 106 | 1 | Declaration | 2012-02-14 14:41:01 | f0f46d14e96ed6a855f919e6c04815683d106eda | ||
| 106 | 2 | Proposed Order | ||||
| 2012-02-14 | 107 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Case Third Amended Complaint filed by defendant Edmund G Brown. Motion set for hearing on 3/12/2012 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proof of Service)(Davis, Joel) (Entered: 02/14/2012) | |||
| 2012-02-15 | 108 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:MOTION to Dismiss Case 107 . The following error(s) was found: Proposed Document was not submitted as a separate attachment. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (twdb) (Entered: 02/15/2012) | |||
| 2012-02-17 | 109 | 0 | NOTICE OF MOTION AND MOTION to Amended MOTION to Dismiss Case Third Amended Complaint 107 , Notice of Deficiency in Electronically Filed Documents (G-112), Notice of Deficiency in Electronically Filed Documents (G-112) 108 filed by defendant Edmund G Brown. Motion set for hearing on 3/26/2013 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proof of Service)(Davis, Joel) (Entered: 02/17/2012) | |||
| 2012-02-15 | 110 | 0 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge David O. Carter: ORDERING Opposition; Counter motion; Opposition; Motion for continuance; submitted by Plaintiff Daniel Mack; received on 2/13/12 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (rla) (Entered: 02/22/2012) | |||
| 2012-02-13 | 111 | 0 | 1) Notice of Opposition to Defendant Silverstein's Motion to Strike and to Dismiss and 2) Counter-motion to strike Silverstein's Motion pursuant to 12(b)(e) and 12(b)(f); 3) Notice of Opposition to Diane Beall's Motion to Withdraw as Attorney of Record and 4) Notice of Motion and Motion for Continuance of all hearings set for 3/12/12 and request that question of continuance be decided first (no oral argument necessary); filed by plaintiff Daniel Mack. Motion set for hearing on 3/12/2012 at 08:30 AM before Judge David O. Carter. (rla) (Entered: 02/22/2012) | |||
| 2012-02-23 | 112 | 0 | OF SERVICE filed by Defendants California Reconveyance Company, JP Morgan Chase, re Certificate/Notice of Interested Parties 105 , Memorandum in Support of Motion, 103 , Disclosure, 104 , MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) 102 served on February 23, 2012. (Perovich, Stefan) (Entered: 02/23/2012) | |||
| 2012-02-24 | 113 | 0 | ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. READ IMMEDIATELY. Scheduling Conference set for 5/7/2012 at 08:30 a.m. before Judge David O. Carter. (see document for details). (dro) (Entered: 02/24/2012) | |||
| 2012-02-24 | 114 | 0 | ORDER Setting Scheduling Conference by Judge David O. Carter. Scheduling Conference set for 5/7/2012 at 08:30 AM before Judge David O. Carter in Courtroom 9-D. READ IMMEDIATELY. (See order for further details) (nca) (Entered: 02/27/2012) | |||
| 2012-02-27 | 115 | 0 | OPPOSITION to MOTION to Strike Motion MOTION to Continue all hearings set for 3/12/12 111 REPLY TO OPPOSITION TO MOTION TO STRIKE (ANTI-SLAPP) filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 02/27/2012) | |||
| 2012-02-28 | 116 | 0 | NOTICE OF MOTION AND MOTION to Dismiss Case /PLAINTIFFS' THIRD AMENDED COMPLAINT filed by Defendant Sandra Hutchens. Motion set for hearing on 4/2/2012 at 08:30 AM before Judge David O. Carter. (Attachments: # 1 Proposed Order DISMISSING DEFENDANT SHERIFF S. HUTCHENS)(Sprenger, Christina) (Entered: 02/28/2012) | |||
| 2012-02-28 | 117 | 0 | REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case /PLAINTIFFS' THIRD AMENDED COMPLAINT 116 filed by Defendant Sandra Hutchens. (Sprenger, Christina) (Entered: 02/28/2012) | |||
| 2012-02-29 | 118 | 0 | SUPPLEMENT REPLY TO OPPOSITION TO MOTION TO DISMISS filed by Defendant Steven D Silverstein. (Rothman, Larry) (Entered: 02/29/2012) | |||
| 2012-03-06 | 119 | 0 | Emergency EX PARTE APPLICATION of Diane Beall to Withdraw as Attorney filed by Attorney of Record for Plaintiff Charles Lincoln Charles Edward Lincoln, III.(Beall, Diane) (Entered: 03/06/2012) | |||
| 2012-03-06 | 120 | 0 | OF SERVICE filed by Attorney of Record for Plaintiff Charles Lincoln Charles Edward Lincoln, III, re Emergency EX PARTE APPLICATION of Diane Beall to Withdraw as Attorney 119 of Record for Charles Edward Lincoln III served on March 6 2012. (Beall, Diane) (Entered: 03/06/2012) | 2012-03-07 10:10:28 | 4b0fd01d34887956a1da68ec862b7d61415d76e6 | |
| 2012-03-07 | 121 | 0 | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: TAKING MATTER UNDER SUBMISSION: 99 Motion to Dismiss Case ; and 100 Motion to Strike. Accordingly, the hearing set for March 12, 2012 at 8:30 a.m. is removed from the calendar. Parties will be served with the Court's ruling. (rla) (Entered: 03/07/2012) | 2012-03-30 23:08:27 | b417e065482dc998a06d869c5f24234f8ce261e3 | |
| 2012-03-16 | 122 | 0 | REPLY SUPPORTING MOTION TO DISMISS MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) MOTION to Dismiss Case UNDER FRCP 12(b)(6), IN THE ALTERNATIVE, MOTION FOR A MORE DEFINITE STATEMENT UNDER FRCP 12(e) 102 filed by Defendants California Reconveyance Company, JP Morgan Chase. (Perovich, Stefan) (Entered: 03/16/2012) | |||
| 2012-03-19 | 123 | 0 | OF SERVICE filed by Defendants California Reconveyance Company, JP Morgan Chase, re Reply (Motion related), Reply (Motion related) 122 served on 3.19.2012. (Perovich, Stefan) (Entered: 03/19/2012) | |||
| 2012-03-19 | 124 | 0 | AMENDED PROOF OF SERVICE filed by Defendants California Reconveyance Company, JP Morgan Chase, re Reply (Motion related), Reply (Motion related) 122 served on 3.19.2012. (Perovich, Stefan) (Entered: 03/19/2012) | |||
| 2012-03-19 | 125 | 0 | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: GRANTING UNOPPOSED MOTION TO DISMISS 107 109 : Plaintiff's Complaint is DISMISSED as to Defendant The State of California. Because the State of California is immune from suit under the Eleventh Amendment, Plaintiffs' Complaint against the State of California is DISMISSED WITH PREJUDICE. (rla) (Entered: 03/19/2012) | |||
| 2012-03-19 | 126 | 0 | RESPONSE IN SUPPORT of MOTION to Dismiss Case /PLAINTIFFS' THIRD AMENDED COMPLAINT 116 filed by Defendant Sandra Hutchens. (Sprenger, Christina) (Entered: 03/19/2012) | |||
| 2012-03-27 | 127 | 0 | NOTICE OF DISCREPANCY AND ORDER: by Judge David O. Carter, ORDERING letter submitted by Plaintiff Charles Edward Lincoln, III received on 3/26/12 is not to be filed but instead rejected. Denial based on: Local Rule 83-2.11 - Attorneys or parties to an action shall refrain from writing letters to the judge. (twdb) (Entered: 03/29/2012) | 2012-03-30 23:09:22 | 31f06e4b50a78ee23949191deac8be6c61f6f893 | |
| 2012-03-30 | 128 | 0 | MINUTES (IN CHAMBERS): ORDER by Judge David O. Carter: GRANTING UNOPPOSED MOTIONS TO DISMISS: RE 102 Motion to Dismiss; AND 116 Motion to Dismiss. (rla) (Entered: 03/30/2012) | 2012-03-30 23:05:50 | 3cee8b33d88f881577f9c51f556dfbeae7795901 | |
| 2012-04-26 | 133 | 0 | ORDER DISMISSING CIVIL ACTION by Judge David O. Carter, Case Terminated. Made JS-6. (twdb) | 2012-04-26 07:16:32 | d4a8f55c030d4cd0cb260c85b6581def76bcbd53 |