Case details

Court: cacd
Docket #: 2:10-cv-00929
Case Name: Judith L. Pugh v. America's Servicing Company et al
PACER case #: 464671
Date filed: 2010-02-08
Date terminated: 2011-09-19
Assigned to: Judge George H. King
Referred to: Magistrate Judge John E. McDermott
Case Cause: 28:1441 Notice of Removal
Nature of Suit: 430 Banks and Banking
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Judith L. Pugh
Plaintiff
John M Boyko
John M Boyko Law Offices 3521 Lomita Boulevard Suite 100 Torrance, CA 90505 310-750-6789 Fax: 310-300-0263 Email: jboyko@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

America's Servicing Company
Defendant
TERMINATED: 03/26/2010
Christopher Alan Carr
Anglin Flewelling Rasmussen Campbell and Trytten 199 S Los Robles Ave, Suite 600 Pasadena, CA 91101 626-535-1900 Fax: 626-577-7764 Email: ccarr@afrct.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

US Bank NA
Defendant
As Trustee for GSR Mortgage Loan Trust 2005-9F
Christopher Alan Carr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wells Fargo Bank
Defendant
Christopher Alan Carr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Yaw-Jiun Gene Wu
Anglin, Flewelling, Rasmussen, Campbell and Trytten, LLP 199 South Los Robles Avenue Suite 600 Pasadena, CA 91101-2459 626-535-1900 Fax: 626-577-7764 Email: gwu@afrct.com
TERMINATED: 02/23/2010 ATTORNEY TO BE NOTICED

DOES
Defendant
1 through 100, inclusive
Charles Chartlon
Mediator (ADR Panel)
Law Office of Charles P. Charlton 10100 Santa Monica Boulevard, Suite 300 Los Angeles, Ca 90067
Charles Philip Charlton
Law Offices of Charles P. Charlton 10100 Santa Monica Blvd Suite 300 Los Angeles, CA 90067 310-651-9906 Email: cpc1974@sbcglobal.net
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-02-08 1 0 NOTICE OF REMOVAL from Superior Court State of CA County of Los Angeles, case number NC053942 with CONFORMED copy of summons and complaint. Case assigned to Judge Ronald S.W. Lew, Discovery to Magistrate Judge John E. McDermott. (Filing fee $ 350 PAID), filed by Defendants America's Servicing Company, US Bank NA, Wells Fargo Bank.(car) (ds). (Entered: 02/09/2010)
2010-02-08 2 0 CERTIFICATION AND NOTICE of Interested Parties filed by Defendant America's Servicing Company, US Bank NA, Wells Fargo Bank, identifying Corporate Parent US Bancorp for US Bank NA. (car) (ds). (Entered: 02/09/2010)
2010-02-09 3 0 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Ronald S.W. Lew. ORDER case returned to the Clerk for random reassignment pursuant to General Order 08-05. Case randomly reassigned from Judge Ronald S.W. Lew to Judge George H. King for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 10-00929 GHK (JEMx). (rn) (Entered: 02/09/2010)
2010-02-11 4 0 CERTIFICATE OF SERVICE filed by Defendants America's Servicing Company, US Bank NA, Wells Fargo Bank, of Initial Filing Documents served on February 10, 2010. (Carr, Christopher) (Entered: 02/11/2010)
2010-02-09 5 0 NOTICE TO PARTIES that reference to the ADR Pilot Program is vacated. Further settlements procedures shall be pursuant to Local Rule 16-15. (bm) (Entered: 02/11/2010)
2010-02-11 6 0 NOTICE That State Court Has Received the Removal Notice filed by Defendants America's Servicing Company, US Bank NA, Wells Fargo Bank. (Carr, Christopher) (Entered: 02/11/2010)
2010-02-16 7 0 ORDER RE: CASE MANAGEMENT by Judge George H. King: This case has been assigned to the calendar of Judge George H. King. See document regarding special requirements. (bm) (Entered: 02/17/2010)
2010-02-19 8 0 FIRST STIPULATION Extending Time to Answer the complaint as to filed by Plaintiff Judith L. Pugh.(Boyko, John) (Entered: 02/19/2010)
2010-02-22 9 0 MINUTES OF IN CHAMBERS ORDER re Order to Show Cause held before Judge George H. King: The party seeking to establish jurisdiction bears the burden of proving such. Kokkonen, 511 U.S. at 377. Here, the Notice of Removal is insufficient to do so because Defendants have not provided the required information noted above. Therefore, Defendants are ORDERED TO SHOW CAUSE, in writing, WITHIN TWELVE (12) DAYS, as to why this matter should not be remanded because this court lacks subject matter jurisdiction. Defendants' failure to timely and adequately show cause as required herein shall be deemed Defendants' admission that this Court lacks subject matter jurisdiction. In that event, this action shall be remanded for lack of subject matter jurisdiction. (see document for further details) (bm) (Entered: 02/22/2010)
2010-02-23 10 0 NOTICE of Change of Attorney Information for attorney Yaw-Jiun Gene Wu counsel for Defendant Wells Fargo Bank. Filed by DEFENDANT WELLS FARGO (Wu, Yaw-Jiun Gene) (Entered: 02/23/2010)
2010-02-24 11 0 NOTICE filed by defendant America's Servicing Company. of Withdrawal of Notice of Change of Attorney Information (Wu, Yaw-Jiun Gene) (Entered: 02/24/2010)
2010-02-25 12 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Change of Attorney Information (G-06) 10 . The following errors were found: Incorrect event selected. The correct event is: Other Filings - Notices - Withdrawal (document or motion) and link to document withdrawing. 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. (ir) (Entered: 02/25/2010)
2010-03-04 13 0 RESPONSE filed by Defendants America's Servicing Company, US Bank NA, Wells Fargo Bankto Minutes of In Chambers Order/Directive - no proceeding held,,, 9 to Order to Show Cause re Remand (Carr, Christopher) (Entered: 03/04/2010)
2010-03-04 14 0 RESPONSE BY THE COURT TO NOTICE TO FILER OF Deficiencies in Electronically filed documents: The document is accepted as filed RE: Notice of withdraw of change of attorney info 11 (ir) (Entered: 03/05/2010)
2010-03-05 15 0 MINUTES OF IN CHAMBERS ORDER re: ORDER TO SHOW CAUSE held before Judge George H. King: On February 22, 2010, we ordered Defendants Wells Fargo Bank, N.A. and U.S. Bank, N.A. (Defendants) to show cause why this case should not be remanded to California state court for lack of subject matter jurisdiction. On March 4, 2010, Defendants timely filed a response to our Order to ShowCause (OSC). Having reviewed Defendants Response, the Court is satisfied that it has subject matter jurisdiction. Accordingly, the OSC is hereby DISCHARGED. re: Minutes of In Chambers Order 9 , Response (non-motion) 13 . (lw) (Entered: 03/05/2010)
2010-03-19 16 0 First Amended Complaint filed by Plaintiff Judith L. Pugh (Boyko, John) *STRICKEN PURSUANT TO RESPONSE BY THE COURT FILED 3/24/10** Modified on 3/25/2010 (ir). (Entered: 03/19/2010)
2010-03-19 17 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents Re document entitled First Amended Complaint ( RE: Miscellaneous Document 16 ). The following error(s) was found: Initiating documents such as Amended Complaints should be manually filed, and a conformed, filed stamped copy should be emailed in PDF format to CivilIntakeCourtDocs-LA@cacd.uscourts.gov. See GO 08-02, Section V.C.1. 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. (mg) (Entered: 03/22/2010)
2010-03-24 18 0 RESPONSE BY THE COURT TO NOTICE TO FILER of Deficiencies in Electronically filed documents: The document is stricken. Plaintiff shall manually filed the First Amended complaint by no later than 3/26/10 See General Order 08-02 RE: First Amended complaint 16 (ir) (Entered: 03/25/2010)
2010-03-26 19 0 FIRST AMENDED COMPLAINT against defendants' DOES, US Bank NA, Wells Fargo Bank; Party America's Servicing Company terminated amending Notice of Removal, 1 ,filed by plaintiff Judith L. Pugh (bp) (Entered: 03/29/2010)
2010-04-12 20 0 ANSWER to First Amended Complaint filed by Defendants America's Servicing Company, US Bank NA, Wells Fargo Bank.(Carr, Christopher) (Entered: 04/12/2010)
2010-04-14 21 0 ORDER SETTING SCHEDULING CONFERENCE by Judge George H. King: Counsel shall read this order carefully and shall have available the Federal Rule of Civil Procedure 26 in complying with this Order. THIS MATTER IS SET FOR SCHEDULING CONFERENCE ON: MONDAY, JUNE 21, 2010 AT 1:30 P.M., at the Roybal Federal Building and Courthouse, 255 E. Temple Street, Suite 650, Los Angeles, California. Counsel primarily responsible for the conduct of this litigation and who has the authority to enter into stipulations and to make admissions regarding all matters that the participants may reasonably anticipate may be discussed, or the party if unrepresented, SHALL ATTEND IN PERSON. By no later than MAY 21, 2010, counsel for all appearing parties and all unrepresented appearing parties, if any, shall meet, in person, and discuss the matters setforth in Federal Rule of Civil Procedure 26(f). By no later than JUNE 07, 2010, counsel for all appearing parties and all unrepresented appearing parties, if any, shall file a joint REPORT OF PARTIES PLANNING MEETING (See document for further details) (ir) (Entered: 04/15/2010)
2010-06-07 22 0 PARTIES' PLANNING MEETING REPORT of PARTIES' PLANNING MEETING filed by Defendant America's Servicing Company. (Carr, Christopher) (Entered: 06/07/2010)
2010-06-18 23 0 MINUTES: (IN CHAMBERS) ORDER VACATING SCHEDULING CONFERENCE AND SETTING SCHEDULING DATES: This matter is before us for scheduling conference. We have considered the Report of Parties Planning Meeting, and determine that an in-person scheduling conference is unnecessary. Accordingly, the schedulingconference set for Monday, June 21, 2010 is hereby VACATED and TAKEN OFF CALENDAR. We now issue the following scheduling order: 1. Any stipulation or motion to amend as to any claims, defenses and/or parties shall be lodged/filed by no later than July 23, 2010, failing which it shall be deemed that partys waiver of any such amendments in this action. 2. All discovery (fact and expert) shall be COMPLETED by no later than December 17, 2010. Completion means that any discovery that is not received in hand by the requesting party by the completion date will be denied. 3. The parties shall designate their expert witnesses, and make the required disclosures, by no later than September 30, 2010, and do likewise for any rebuttal expert witnesses by no later than October 29, 2010. 4. The parties shall comply with Local Rule 16-15 by no later than January 10, 2011. The parties elect to go before the assigned magistrate judge. We approve this election. If the case settles, counsel shall notify thecourt clerk forthwith. If the case does not settle, counsel shall file a joint status report with the court within 48 hours of termination of settlement discussions. 5. We will set pre-trial conference and trial dates, if necessary, after reviewing the parties joint status report following the settlement conference IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 06/18/2010)
2011-01-13 24 0 STATUS REPORT Joint Report Re Status of Settlement and Compliance with Local Rule 16-15 filed by Defendants America's Servicing Company, US Bank NA, Wells Fargo Bank. (Carr, Christopher) (Entered: 01/13/2011)
2011-01-19 25 0 MINUTE ORDER IN CHAMBERS: ORDER EXTENDING TIME TO COMPLY WITH LOCAL RULE 16-15 by Judge George H. King: re: Status Report 24 . We have reviewed the parties' joint report regarding status of settlement filed on January 13, 2011. We grant the parties' request, and hereby extend the deadline for compliance with Local Rule 16-15 to March 25,2011. (lw) (Entered: 01/19/2011)
2011-03-28 26 0 MINUTE ORDER IN CHAMBERS by Magistrate Judge John E. McDermott re: Scheduling of Settlement Conference 23 . The parties, having elected to have Magistrate Judge McDermott conduct a settlement conference of this matter, are directed to contact Judge McDermott's clerk, ShaRon Anthony, at (213) 894-0216, to schedule the conference at an appropriate time. Prior to contacting the clerk, the parties should confer and agree on at least three possible dates at 10:00 a.m. for the settlement conference. [See Order for further details.] (san) (Entered: 03/28/2011)
2011-06-10 27 0 MINUTE: ORDER TO SHOW CAUSE: The Court on January 19, 2011 issued an order grating the parties an extension of time to comply with Local Rule 16-15 to March 25, 2011. On March 28, 2011, the Magistrate Judge issued an order directing the parties to contact the court clerk to set-up a date for settlement conference. To this day no settlement conference has been set.COUNSEL IS HEREBY ORDERED TO SHOW CAUSE in writing within FOURTEEN (14) DAYS hereof, why the above matter should not be dismissed for failure to diligently prosecute pursuant to Local Rule 41-1 of this Court and for non-compliance with the Courts orders. Local Rule 41-1 provides that actions which have been pending for more than a reasonable length of time without any proceeding having been taken therein during such period, may, after notice, be dismissed by the court for want of prosecution. Failure of plaintiff to adequately and timely respond as required herein will be deemed plaintiffs abandonment of the above action. In that event, the above matter will be dismissed without prejudice for failure to diligently prosecute and for failure to comply with the Courts orders IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 06/10/2011)
2011-06-24 28 0 RESPONSE filed by Plaintiff Judith L. Pughto Minutes of In Chambers Order/Directive - no proceeding held,,,, 27 (Boyko, John) (Entered: 06/24/2011)
2011-06-24 29 0 RESPONSE filed by Plaintiff Judith L. Pughto Minutes of In Chambers Order/Directive - no proceeding held,,,, 27 AMENDED RESPONSE TO OSC (Boyko, John) (Entered: 06/24/2011)
2011-06-29 30 0 MINUTE: (IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE; SETTING PRE-TRIAL CONFERENCE AND TRIAL DATES: On June 10, 2011, we issued our Order to Show Cause (OSC) directing counsel to show cause why this action should not be dismissed for failure to diligently prosecute 27 . We noted in our OSC that despite obtaining an extension of time to comply with Local Rule 16-15 to March 25, 2011, the parties failed to comply with such deadline, and indeed failed to even effectuate a settlement conference to date. We have now reviewed the "Amended Joint Response to Order to Show Cause Order of June 10, 2011" 29 . Thus, we discharge the OSC at this time. Counsel now represent that they have scheduled a settlement conference before Settlement Officer Charles P. Charlton on July 21, 2011. They, along with the parties representatives who have full authority to settle this action, shall attend in person. We expect the parties to act in good faith to attempt to resolve this matter at that time. If the case settles, counsel shall notify the court clerk forthwith. If the case does not settle, counsel shall file a joint status report with the court within 48 hours of termination of settlement discussions. In any event, more than enough time has elapsed for the parties to prepare this matter for trial. Accordingly, notwithstanding the upcoming settlement conference, we now set Pre-trial Conference for Monday, August 8, 2011 at 4:30 p.m. Counsel shall ensure that all requirements of the Local Rules for such Pre-Trial Conference are timely met, failing which the offending party/counsel shall be subject to an appropriate sanction. In the event the parties have any proposed motions in limine, they shall meet and confer in person in real time to attempt to resolve any such disputes. Each side shall be totally prepared at such conference to fully discuss the authorities in support of their respective arguments. If full agreement cannot be achieved, counsel shall file a single fully-integrated joint brief which shall set forth each dispute followed immediately by themoving partys points and authorities in support of such position and followed immediately thereafter by the opposing partys points and authorities. Any further disputes shall be briefed in like manner seriatim. Such jointbrief shall be filed in time under the Local Rules to be heard at the Pre-Trial Conference. Any untimely or nonconforming motion will be denied. Trial is set for Tuesday, August 16, 2011 at 8:30 a.m. The parties request a jury trial. Accordingly, counsel shall meet and confer in person in real time in an attempt to agree to one single set of proposed jury instructions that the court will give to the jury at the end of the case. All agreed-to jury instructions shall be filed as such in a single joint filing. In the event that certain limited disputes remain after such meet and confer, such remaining disputes shall be placed in a separate filing which shall be divided into two parts. In the first part, plaintiffs proposed jury instructions shall be separately stated verbatim followed on the same page by plaintiff's citation of authorities in support thereof, but with no arguments. On the following page, defendants shall state their objection succinctly with citation to authorities, but with no arguments. If there are other instructions that the plaintiff proposes to which the defendants object, such additional disputes shall be set forth in like manner seriatim. After completion of the plaintiff's proposed instructions, the defendants shall set forth their proposed instructions to which plaintiff objects in like manner seriatim. Such agreed-to and disputed instructions shall be filed in conformity with this order by no later than August 9, 2011. If the parties fail to file timely the proposed instructions in the manner as set forth in this Order, we will deem that failure as the parties' waiver of a jury trial. In that event, the jury demand will be stricken, and we will proceed with a court trial on August 16, 2011. Counsel's estimate of five trial days is excessive. We have carefully considered the relatively limitedissues in this case, and now determine that each side will be given 4 hours of trial time, excluding jury selection (if any), opening statements, closing arguments, jury instructions, and jury deliberations. The time expended forexamining or cross-examining a witness will be charged to the respective examining party IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 06/29/2011)
2011-07-11 31 0 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed; Parties stipulate that Charles Chartlon may serve as Attorney Settlement Officer for Settlement Proceedings The Plaintiff obtained the consent of the Attorney Settlement Officer. Filed by Plaintiff Judith L. Pugh(Boyko, John) (Entered: 07/11/2011)
2011-07-18 32 0 NOTICE OF ASSIGNMENT of Attorney Settlement Officer. Charles Charlton has been assigned to serve as Attorney Settlement Officer. (mb) (Entered: 07/18/2011)
2011-07-25 33 0 ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT Filed by Attorney Settlement Officer Charles Chartlon: Settlement Proceedings were held on July 21, 2011 the case has been partially resolved and the attorney settlement officer has advised the parties to file a joint stipulation regarding those claims which have been resolved. The Proceeding was continued with the consent of all parties and counsel.(mb) (Entered: 07/25/2011)
2011-07-25 34 0 STATUS REPORT Joint Status Report filed by Defendant Wells Fargo Bank. (Carr, Christopher) (Entered: 07/25/2011)
2011-08-01 35 0 ATTORNEY SETTLEMENT OFFICER PROCEEDING REPORT Filed by Attorney Settlement Officer Charles Chartlon: Settlement Proceedings were held on July 21, 2011 and the case has been completely settled. Immediately after the conclusion of the settlement proceeding, the attorney settlement officer advised the parties to notify the trial judges deputy courtroom clerk of the fact of settlement and to promptly file documents regarding the final disposition of the case.(Charlton, Charles) (Entered: 08/01/2011)
2011-08-02 36 0 NOTICE of Settlement (Joint Notice) filed by Plaintiff Judith L. Pugh. (Boyko, John) (Entered: 08/02/2011)
2011-08-09 37 0 MINUTES: (IN CHAMBERS) ORDER: The Court is in receipt of the parties Joint Notice of Settlement e-filed on August 2, 2011 36 , informing theCourt that the parties have reach a settlement in the above case. Counsel shall have THIRTY (30) DAYS in which to file a stipulation for dismissal or SHOW CAUSE in writing within the same time period, why the above action should not be dismissed. Failure to timely respond as required herein will be deemed plaintiffs abandonment of the above action. In that event, the above matter will be dismissed without prejudice by reason of settlement. The present pretrial conference and trial dates are hereby VACATED IT IS SO ORDERED by Judge George H. King. (ir) (Entered: 08/09/2011)
2011-09-12 38 0 NOTICE of Voluntary Dismissal filed by Defendants America's Servicing Company, US Bank NA, Wells Fargo Bank. Dismissal is with prejudice. (Carr, Christopher) (Entered: 09/12/2011)
2011-09-13 39 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Dismissal with prejudice 38 . The following error was found: Document linked incorrectly to the wrong docket entry. Incorrect event selected. Proposed Order was not submitted as a separate attachment. The correct event is: Stipulation - Civil Events - Other Filings. 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. (ir) (Entered: 09/13/2011)
2011-09-14 40 0 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS 39 by Clerk of Court Other: Document is accepted subject to the filing of a "Notice of Lodging" proposed order by no later than September 16, 2011. RE: Stipulation for Dismissal with Prejudice 38 . (bm) (Entered: 09/15/2011)
2011-09-15 41 0 NOTICE OF LODGING filed re Response By Court to Notice of Deficiencies (G-112B), Response By Court to Notice of Deficiencies (G-112B) 40 (Attachments: # 1 Proposed Order Re Notice of Lodging of Proposed Order on Stipulation of Dismissal)(Carr, Christopher) (Entered: 09/15/2011)
2011-09-19 42 0 ORDER ON STIPULATION TO DISMISS CASE WITH PREJUDICE by Judge George H. King: The Court is in receipt of the Stipulation for Dismissal with Prejudice pursuant to FED. R. CIV. P. 41(a) filed on September 12, 2011 (the "Stipulation"). The Court, having read and fully considered the Stipulation, and good cause showing, hereby ORDERS: 1. The entire complaint is dismissed with prejudice as to all defendants and every cause of action. (Made JS-6. Case Terminated.) (bm) (Entered: 09/19/2011)