| Court: | cacd |
| Docket #: | 2:09-cv-04555 |
| Case Name: | Lehman Brothers Holdings, Inc. v. Millennium Mortgage Corp. |
| PACER case #: | 447698 |
| Date filed: | 2009-06-24 |
| Assigned to: | Judge Dale S. Fischer |
| Referred to: | Magistrate Judge Fernando M. Olguin |
| Case Cause: | 28:1332 Diversity-Other Contract |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Lehman Brothers Holdings, Inc. Plaintiff |
Daniel M Reilly Matthew D Spohn Michael Andrew Rollin |
| Millennium Mortgage Corp. Defendant doing business asMillennium Mortgage Capital Company doing business asMillenium Mortgage Capital |
|
| Brent Platt Defendant |
Brent Platt Owen Mascott |
| Millenium Mortgage Capital Defendant |
Owen Mascott |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-06-24 | 1 | 0 | COMPLAINT against Defendant Millennium Mortgage Corp. (Filing fee $ 350 PAID.), filed by Plaintiff Lehman Brothers Holdings, Inc. (et) (Additional attachment(s) added on 7/7/2009: # 1 Notice of Assignment) (ds). (Entered: 06/29/2009) | 2010-01-29 18:34:36 | df2181a0eaaeb554f174c1cd51a7ebfe171c6992 | |
| 1 | 1 | Notice of Assignment | ||||
| 2009-06-24 | 2 | 0 | DISCLOSURE STATEMENT AND NOTICE of Interested Parties filed by Plaintiff Lehman Brothers Holdings, Inc. (et) (ds). (Entered: 06/29/2009) | |||
| 2009-06-24 | 3 | 0 | NOTICE TO PARTIES OF ADR PILOT PROGRAM filed. (et) (Entered: 06/29/2009) | |||
| 2009-06-24 | 4 | 0 | NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Daniel M Reilly for Plaintiff Lehman Brothers Holdings, Inc. (et) (Entered: 06/29/2009) | |||
| 2009-06-24 | 5 | 0 | NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Matthew D Spohn for Plaintiff Lehman Brothers Holdings, Inc. (et) (Entered: 06/29/2009) | |||
| 2009-06-30 | 6 | 0 | STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER by Judge Dale S. Fischer (yl) (Entered: 07/02/2009) | |||
| 2009-07-09 | 7 | 0 | ORDER TO REASSIGN CASE Pursuant to Section 6.0 of General Order 08-05 (identical case) by Judge Gary A. Feess, Case Management and Assignment Committee Chair. All discovery matters are transferred to Magistrate Judge Fernando M. Olguin. Case number now reads as CV 09-04555 DSF(FMOx). (rn) (Entered: 07/09/2009) | |||
| 2009-07-17 | 8 | 0 | MINUTES OF IN CHAMBERS ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION by Judge Dale S. Fischer: This action was filed in this Court on April 28, 2009. However, it appears the Court may lack subject matter jurisdiction for the reason: Jurisdiction is asserted on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332. Some of the parties are corporations. The complaint is deficient because: the jurisdictional averment by plaintiff is patently insufficient under 28 U.S.C. § 1332(c). Accordingly, the Court orders plaintiff to show cause in writing no later than August 27, 2009 why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. If plaintiff requires additional discovery to establish the citizenship of one or more defendants, plaintiff may request additional time to engage in jurisdictional discovery, provided that such a request is made on or before the above deadline. Courtesy copies are to be delivered to Chambers. Failure to respond by the above date will result in the Court dismissing this action. (shb) (Entered: 07/20/2009) | |||
| 2009-07-22 | 9 | 0 | APPLICATION for attorney Matthew D. Spohn to Appear Pro Hac Vice filed by Plaintiff Lehman Brothers Holdings, Inc.. Lodged Proposed Order. (shb) (Entered: 07/23/2009) | |||
| 2009-07-24 | 10 | 0 | FIRST AMENDED COMPLAINT against Defendant Brent Platt, Millennium Mortgage Corp. dba Millennium Mortgage Capital Company and Millenium Mortgage Capital amending Complaint - (Discovery) 1 ,filed by Plaintiff Lehman Brothers Holdings, Inc. (shb) (Additional attachment(s) added on 7/29/2009: # 1 summons on first amended complaint) (shb). (Entered: 07/29/2009) | |||
| 2009-07-29 | 11 | 0 | PROOF OF SERVICE Executed by Plaintiff Lehman Brothers Holdings, Inc., upon Millennium Mortgage Corp. served on 7/7/2009, answer due 7/27/2009. The Summons and Complaint were served by Personal Service service, by F.R.C.P. Rule 4 statute, upon Brent Platt, Authorized Agent. Due Dilligence declaration no. Original Summons not returned. (Spohn, Matthew) (Entered: 07/29/2009) | |||
| 2009-08-04 | 12 | 0 | MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer re lack of prosecution. ORDER TO SHOW CAUSE Response due by 8/24/2009. See Minute Order for specifics. (dp) (Entered: 08/05/2009) | |||
| 2009-08-05 | 13 | 0 | RESPONSE filed by Plaintiff Lehman Brothers Holdings, Inc.to Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings,,,,,,,, 8 (Attachments: # 1 Supplement Proof of Service)(Rollin, Michael) (Entered: 08/05/2009) | |||
| 2009-08-06 | 14 | 0 | MINUTES (IN CHAMBERS) ORDER To Show Cause Why Pro Hac Vice Status Should Not be Denied by Judge Dale S. Fischer: On July 22, 2009, Matthew D. Spohn filed an Application of Non-resident Attorney to Appear in a Specific Case. In his Application, he lists six previous matters in which he has been granted such status within the last nine months. A review of this Courts records indicates that he has been granted such status within the same time period in three additional cases: CV 09-897 AHM(SSx), CV 09-4461 GW(FFMx), and CV 09-242 DSF(FMOx). Spohn is ordered to show cause why the application for pro hac vice status should not be denied. A hearing on the Order to Show Cause will be held on September 14, 2009 at 11:00 a.m. (See document for further details) (yl) (Entered: 08/07/2009) | |||
| 2009-08-12 | 15 | 0 | RESPONSE filed by Plaintiff Lehman Brothers Holdings, Inc.to Minutes of In Chambers Order/Directive - no proceeding held, Set Deadlines/Hearings,,,,,, 14 (Attachments: # 1 Affidavit of Matthew D. Spohn, # 2 Exhibit A to Spohn Declaration, # 3 Exhibit B to Spohn Affidavit)(Rollin, Michael) (Entered: 08/12/2009) | |||
| 2009-08-18 | 16 | 0 | PROOF OF SERVICE Executed by Plaintiff Lehman Brothers Holdings, Inc., upon Millennium Mortgage Corp. served on 7/24/2009, answer due 8/13/2009. The Summons and Complaint were served by personal service, by Federal statute, upon Kelly Ferris. Due Dilligence declaration no. Original Summons no. (Rollin, Michael) (Entered: 08/18/2009) | |||
| 2009-08-18 | 17 | 0 | PROOF OF SERVICE Executed by Plaintiff Lehman Brothers Holdings, Inc., upon Lehman Brothers Holdings, Inc. served on 7/28/2009, answer due 8/17/2009. The Summons and Complaint were served by Substsitute Service service, by Federal statute, upon Kelly Ferris, Loan Processor. Due Dilligence declaration yes. Original Summons no. (Attachments: # 1 Affidavit of Reasonable Diligence)(Rollin, Michael) (Entered: 08/18/2009) | |||
| 2009-08-24 | 18 | 0 | RESPONSE filed by Plaintiff Lehman Brothers Holdings, Inc.to Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause 12 Re Dismissal for Lack of Prosecution (Rollin, Michael) (Entered: 08/24/2009) | |||
| 2009-08-26 | 19 | 0 | PROOF OF SERVICE Executed by Plaintiff Lehman Brothers Holdings, Inc., upon Brent Platt served on 8/20/2009, answer due 9/9/2009. The Summons and Complaint were served by Personal service, by F.R.C.P. Rule 4 statute, upon Brent Platt, Defendant. Due Dilligence declaration no. Original Summons no. (Rollin, Michael) (Entered: 08/26/2009) | |||
| 2009-08-26 | 20 | 0 | NOTICE of Errata filed by plaintiff Lehman Brothers Holdings, Inc.. (Attachments: # 1 Exhibit A -- Proof of Service on Brent Platt)(Rollin, Michael) (Entered: 08/26/2009) | |||
| 2009-09-11 | 21 | 0 | MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer: re: Minutes of In Chambers Order/Directive - no proceeding held, Order to Show Cause 12 .The Court has considered Matthew Spohns response to the Order to Show Cause.The Court declines to determine at this time whether Mr. Spohns activities constitute regularly engag[ing] in business, professional or other similar activities in California, in light of Mr. Spohns application to take the California Bar exam. Mr. Spohn is ordered to advise this Court immediately if he later decides not to sit for that exam. The Order to Show Cause is discharged. Mr. Spohn is granted pro hac vice status. IT IS SO ORDERED. (shb) (Entered: 09/11/2009) | |||
| 2009-09-11 | 22 | 0 | MINUTES (IN CHAMBERS) ORDER DISMISSING ORDER TO SHOW CAUSE RE DISMISSAL held before Judge Dale S. Fischer: The Court has received and reviewed plaintiffs response to Order to Show Cause re Dismissal. The Order to Show Cause is DISCHARGED. (yl) (Entered: 09/11/2009) | |||
| 2009-09-17 | 23 | 0 | FIRST STIPULATION Extending Time to Answer the complaint as to Millennium Mortgage Corp. answer now due 9/30/2009, filed by plaintiff Lehman Brothers Holdings, Inc..(Spohn, Matthew) (Entered: 09/17/2009) | |||
| 2009-10-05 | 24 | 0 | NOTICE OF DISCREPANCY AND ORDER: by Judge Dale S. Fischer, ORDERING Motion to Dismiss for Failure to State a Claim, etc submitted by Defendants Brent Platt, Millennium Mortgage Corp. received on 10/2/09 is not to be filed but instead rejected. Denial based on: Case is designated for e-filing. (yl) (Entered: 10/06/2009) | |||
| 2009-10-07 | 25 | 0 | NOTICE OF MOTION AND MOTION to Dismiss defendants Millenium Mortgage Capital, Brent Platt filed by defendants Millenium Mortgage Capital, Brent Platt. Motion set for hearing on 11/9/2009 at 01:30 PM before Judge Dale S. Fischer. (Mascott, Owen) (Entered: 10/07/2009) | |||
| 2009-10-07 | 26 | 0 | NOTICE OF MOTION AND MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital filed by defendants Brent Platt, Millenium Mortgage Capital. Motion set for hearing on 11/9/2009 at 01:30 PM before Judge Dale S. Fischer. (Mascott, Owen) (Entered: 10/07/2009) | |||
| 2009-10-07 | 27 | 0 | NOTICE OF MOTION AND MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital filed by defendants Brent Platt, Millenium Mortgage Capital. Motion set for hearing on 11/9/2009 at 01:30 PM before Judge Dale S. Fischer. (Mascott, Owen) (Entered: 10/07/2009) | |||
| 2009-10-07 | 28 | 0 | NOTICE OF MOTION AND MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital filed by defendants Brent Platt, Millenium Mortgage Capital. Motion set for hearing on 11/9/2009 at 01:30 PM before Judge Dale S. Fischer. (Mascott, Owen) (Entered: 10/07/2009) | |||
| 2009-10-08 | 29 | 0 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event to be used is: Motions & Related documents - Declaration. Notice of Lodging - Proposed Order; Service of Subsequent documents - Proof of Service RE: MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 27 , MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 28 , MOTION to Dismiss defendants Millenium Mortgage Capital, Brent Platt 25 . 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. (shb) (Entered: 10/08/2009) | |||
| 2009-10-08 | 30 | 0 | MINUTES OF IN CHAMBERS ORDER Re Local Rule 7-3 held before Judge Dale S. Fischer: see attached for details. (sce) (Entered: 10/09/2009) | |||
| 2009-10-12 | 31 | 0 | MEMORANDUM in Opposition to MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 26 filed by Plaintiff Lehman Brothers Holdings, Inc.. (Attachments: # 1 Declaration of Matthew D. Spohn, # 2 Exhibit A to Spohn Declaration Supporting Plaintiff's Memorandum in Opposition to Motion to Dismiss)(Spohn, Matthew) (Entered: 10/12/2009) | |||
| 2009-10-12 | 32 | 0 | REQUEST for Clerk to Enter Default against Defendant Millennium Mortgage Corp. filed by Plaintiff Lehman Brothers Holdings, Inc.. (Attachments: # 1 Declaration of Matthew D. Spohn Supporting Plaintiff's Request for Entry of Default, # 2 Exhibit A to Spohn Declaration Supporting Plaintiff's Request for Entry of Default)(Spohn, Matthew) (Entered: 10/12/2009) | |||
| 2009-10-13 | 33 | 0 | Amendment to MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 27 , MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 28 , MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 26 , MOTION to Dismiss defendants Millenium Mortgage Capital, Brent Platt 25 Rule 7-3 Statement filed by Defendants Brent Platt, Millenium Mortgage Capital. (Mascott, Owen) (Entered: 10/13/2009) | |||
| 2009-10-21 | 34 | 0 | MINUTES OF IN CHAMBERS ORDER RE: ELECTRONIC FILING, SUBMISSION OF PAPER CHAMBERS COPIES, AND EMAILING PROPOSED DOCUMENTS by Judge Dale S. Fischer: (shb) (Entered: 10/22/2009) | |||
| 2009-10-23 | 35 | 0 | NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Millennium Mortgage Corp. 32 . The Clerk cannot enter the requested relief as Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. (shb) (Entered: 10/23/2009) | |||
| 2009-10-30 | 36 | 0 | WITHDRAWAL OF MOTION TO DISMISS BY MILLENIUM MORTGAGE CAPITAL & PLATT re MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 27 , MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 28 , MOTION to Dismiss defendants Brent Platt, Millenium Mortgage Capital 26 , MOTION to Dismiss defendants Millenium Mortgage Capital, Brent Platt 25 filed by Defendants Brent Platt, Millenium Mortgage Capital. (Mascott, Owen) (Entered: 10/30/2009) | |||
| 2009-10-30 | 37 | 0 | Renewed REQUEST for Clerk to Enter Default against Defendant Millennium Mortgage Corp. filed by Plaintiff Lehman Brothers Holdings, Inc.. (Spohn, Matthew) (Entered: 10/30/2009) | |||
| 2009-11-02 | 38 | 0 | ANSWER to Amended Complaint, 10 filed by defendant Brent Platt.(Mascott, Owen) (Entered: 11/02/2009) | |||
| 2009-11-02 | 39 | 0 | ANSWER to Amended Complaint, 10 filed by defendant Millenium Mortgage Capital.(Mascott, Owen) (Entered: 11/02/2009) | |||
| 2009-11-02 | 40 | 0 | MINUTES (IN CHAMBERS): ORDER Order DENYING Motion to Dismiss by Judge Dale S. Fischer: Defendants Brent Platt and Millennium Mortgage Capital have filed a motion to dismiss Plaintiff's alter ego claim as not adequately pleaded and to dismiss the entire first amended complaint as barred by laches. The motion to dismiss is DENIED 26 (See minute order for further details) (yl) (Entered: 11/02/2009) | |||
| 2009-11-09 | 41 | 0 | ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer: Scheduling Conference set for 12/7/2009 11:00 AM before Judge Dale S. Fischer. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. Parties are reminded of their obligations to disclose information to confer on a discovery plan not later than 21 days prior to the scheduling conference and to file a report with the Court entitled "Joint Rule 26(f) Report" not later than 14 days after they confer; Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions (See document for further details)(shb) (Entered: 11/09/2009) | |||
| 2009-11-20 | 42 | 0 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiff Lehman Brothers Holdings, Inc... (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Spohn, Matthew) (Entered: 11/20/2009) | |||
| 2009-11-20 | 43 | 0 | ADR PILOT PROGRAM QUESTIONNAIRE filed by Plaintiff Lehman Brothers Holdings, Inc..(Spohn, Matthew) (Entered: 11/20/2009) | |||
| 2009-11-24 | 44 | 0 | PROOF OF SERVICE filed by defendants Brent Platt, Millenium Mortgage Capital, re Answer to Complaint (Discovery) 38 , Answer to Complaint (Discovery) 39 served on 11-02-2009. (Mascott, Owen) (Entered: 11/24/2009) | |||
| 2009-11-24 | 45 | 0 | MINUTES OF IN CHAMBERS ORDER held before Judge Dale S. Fischer: The Court, having taken off-calendar the Scheduling Conference set on Monday, December 7, 2009 at 11:00 a.m., establishes the case management dates as proposed by the parties in their Joint Rule 26(f) Report, and as further described in the Schedule of Pretrial and Trial dates. (See Order re Trial for specific dates and times.) (sce) (Entered: 11/30/2009) | |||
| 2009-11-24 | 46 | 0 | ORDER by Judge Dale S. Fischer, case ordered to Attorney Settlement Officer Panel for a Local Rule 16-15 settlement conference. Within 10 days, plaintiff shall notify the ADR Program Coordinator of name of Attorney Settlement Officer who will conduct the settlement conference. (sce) (Entered: 11/30/2009) | |||
| 2009-11-25 | 47 | 0 | ORDER by Judge Dale S. Fischer,( Discovery cut-off 5/31/2010. Court Trial set for 10/19/2010 08:00 AM. Final Pretrial Conference set for 9/20/2010 03:00 PM before Judge Dale S. Fischer.) (sce) (Entered: 11/30/2009) | |||
| 2010-01-20 | 48 | 0 | NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Millennium Mortgage Corp. filed by Plaintiff Lehman Brothers Holdings, Inc.. Motion set for hearing on 3/1/2010 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Memorandum of Points and Authorities in Support of Motion for Default Judgment, # 2 Declaration Matthew D. Spohn, # 3 Declaration Zachary Trumpp, # 4 Exhibit A to Declaration of Trumpp, # 5 Exhibit B to Declaration of Trumpp, # 6 Exhibit C to Declaration of Trumpp, # 7 Exhibit D to Declaration of Trumpp, # 8 Exhibit E to Declaration of Trumpp, # 9 Exhibit F to Declaration of Trumpp, # 10 Exhibit G to Declaration of Trumpp, # 11 Proposed Order Granting Motion for Default Judgment, # 12 Proposed Default Judgment, # 13 Declaration of Service of Notice of Motion and Motion for Default Judgment and Supporting Documents)(Spohn, Matthew) (Entered: 01/20/2010) | |||
| 2010-01-25 | 49 | 0 | CONSENT ORDER by Judge Dale S. Fischer Granting Substitution of Brent Platt, in Pro per in place and stead of attorney Owen Mascott. (ir) (Entered: 01/27/2010) |