Case details

Court: cacd
Docket #: 8:10-cv-01695
Case Name: Ramiro Hernandez v. Erin Capital Management LLC et al
PACER case #: 486873
Date filed: 2010-11-04
Date terminated: 2011-06-27
Assigned to: Judge Andrew J. Guilford
Referred to: Magistrate Judge Robert N. Block
Case Cause: 15:1692 Fair Debt Collection Act
Nature of Suit: 480 Consumer Credit
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Ramiro Hernandez
Plaintiff
 
Daniel A Schlanger
Schlanger and Schlanger LLP
1025 Westchester Avenue
White Plains, NY 10604
914-946-1981
Fax: 914-946-2930
Email: daniel@schlangerlegal.com
PRO HAC VICE
ATTORNEY TO BE NOTICED

Robert Stempler
Consumer Law Office of Robert Stempler APLC
555 South Sunrise Way Suite 200
PO Box 1721
Palm Springs, CA 92263-1721
760-422-2200
Fax: 760-479-5957
Email: Robert@stopcollectionharassment.com
ATTORNEY TO BE NOTICED
Erin Capital Management LLC
Defendant
 
Timothy Peter Johnson
Timothy P. Johnson Law Offices
17821 East 17th Street
Suite290
Tustin, CA 92780
714-832-1170
Fax: 714 832 1179
Email: tjohnson@johnson-chambers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Eltman Eltman and Cooper PC
Defendant
 
Timothy Peter Johnson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
DOES
Defendant
1 to 10

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-11-04 1 0 COMPLAINT against Defendants Erin Capital Management LLC, Eltman Eltman and Cooper PC and DOES. Case assigned to Judge Andrew J. Guilford for all further proceedings. Discovery referred to Magistrate Judge Robert N. Block.(Filing fee $ 350 Paid). Jury Demanded. Filed by Plaintiff Ramiro Hernandez.(lwag) (Entered: 11/05/2010) 2012-03-15 20:13:51 dea6c114784cd74d2a58532f1b3b511a2cf2bf38
2010-11-04 2 0 CERTIFICATE of Interested Parties filed by Plaintiff Ramiro Hernandez. (lwag) (Entered: 11/05/2010)
2010-11-16 3 0 MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: ORDER RE PRETRIAL MATTERS AND THE FEDERAL RULES OF CIVIL PROCEDURE. (ade) (Entered: 11/17/2010)
2010-12-06 4 0 MINUTES OF Scheduling Conference held before Judge Andrew J. Guilford. The Court sets teh following dates: Discovery cut-off 7/18/2011. Final Pretrial Conference set for 10/3/2011 08:30 AM before Judge Andrew J. Guilford. Jury Trial set for 10/18/2011 09:00 AM before Judge Andrew J. Guilford.Court Reporter: Denise Paddock. (db) (Entered: 12/07/2010)
2010-12-06 5 0 ORDER by Judge Andrew J. Guilford Specifying Procedures. (See Order for details) (db) (Entered: 12/07/2010)
2010-12-21 6 0 APPLICATION for attorney Daniel A. Schlanger to Appear Pro Hac Vice. (PHV FEE PAID.) filed by plaintiff Ramiro Hernandez. Lodged order. (twdb) (Entered: 12/29/2010)
2010-12-28 7 0 ORDER by Judge Andrew J. Guilford: granting 6 Application to Appear Pro Hac Vice by Attorney Daniel A Schlanger on behalf of Plaintiff Ramiro Hernandez, designating Robert Stempler as local counsel. (vh) (Entered: 12/29/2010)
2010-12-31 8 0 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Ramiro Hernandez, upon Defendant Erin Capital Management LLC acknowledgment sent by Plaintiff on 12/6/2010, answer due 2/4/2011. Acknowledgment of Service signed by CARL FON, ASSISTANT SECRETARY. (Stempler, Robert) (Entered: 12/31/2010)
2010-12-31 9 0 NOTICE AND ACKNOWLEDGMENT OF SERVICE of Summons and Complaint returned Executed filed by Plaintiff Ramiro Hernandez, upon Defendant Eltman Eltman and Cooper PC acknowledgment sent by Plaintiff on 12/6/2010, answer due 2/4/2011. Acknowledgment of Service signed by LUSLIPA RIYAL, ASSOCIATE ATTORNEY. (Stempler, Robert) (Entered: 12/31/2010)
2011-01-17 10 0 ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. (Attachments: # 1 Certification and Notice of Interested Parties)(Johnson, Timothy) (Entered: 01/17/2011)
2011-03-03 11 0 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3 days, filed by Plaintiff Ramiro Hernandez.. (Stempler, Robert) (Entered: 03/03/2011)
2011-03-03 12 0 NOTICE AND REQUEST of Settlement Procedure Selection (Sp2) filed; parties request to appear before an attorney selected by the Attorney Settlement Officer Panel or appointed by the Judge for Settlement Proceedings. Filed by Plaintiff Ramiro Hernandez (Attachments: # 1 Proposed Order)(Stempler, Robert) (Entered: 03/03/2011)
2011-03-04 13 0 ORDER by Judge Andrew J. Guilford: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp2). For Settlement Procedure No. 2, counsel are responsible for contacting the settlement officer at the appropriate time to arrange for further proceedings. Upon obtaining the settlement officers consent to serve, counsel shall file Form ADR-02 (Stipulation Regarding Selection of Attorney Settlement Officer) with the court. For Settlement Procedure Nos. 1 and 3, counsel are responsible for contacting the judge or mediator at the appropriate time to arrange for further proceedings. (ade) (Entered: 03/07/2011)
2011-04-04 14 0 STIPULATION for Leave to File First Amended Answer filed by defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. (Attachments: # 1 Proposed Order)(Johnson, Timothy) (Entered: 04/04/2011)
2011-04-07 15 0 ORDER granting stipulation for leave to file first amended answer by Judge Andrew J. Guilford 14 . The court hereby GRANTS the parties stipulation for leave toDefendants Erin Capital Management, LLC and Eltman, Eltman & Cooper, P.C. tofile their First Amended Answer to Plaintiffs Complaint on or before April 15, 2011. (twdb) (Entered: 04/08/2011)
2011-04-08 16 0 AMENDED ANSWER to Complaint - (Discovery), Complaint - (Discovery) 1 filed by defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. (Johnson, Timothy) (Entered: 04/08/2011)
2011-06-08 17 0 STIPULATION to Continue Discovery Cut-Off from July 18, 2011 to August 17, 2011 filed by defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. (Attachments: # 1 Proposed Order)(Johnson, Timothy) (Entered: 06/08/2011)
2011-06-09 18 0 ORDER by Judge Andrew J. Guilford, granting Stipulation Affecting Progress of Case RE Amended the Scheduling Order Specifying Procedures to Continue The Discovery Cut-Off Only for 30 Days 17 (twdb) (Entered: 06/09/2011)
2011-06-25 19 0 NOTICE of Settlement filed by defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. (Johnson, Timothy) (Entered: 06/25/2011)
2011-06-27 20 0 MINUTE ORDER IN CHAMBERS STAYING ACTION PENDING FINAL SETTLEMENT AND REMOVING CASE FROM ACTIVE CASELOAD by Judge Andrew J. Guilford. On June 25, 2011, attorney for the defendant filed a Notice of Settlement. The Court hereby orders all proceedings in the case stayed pending final settlement. It is further ordered that this action is removed from the Court's active caseload, subject to the right, upon good cause shown by July 29, 2011, to reopen the action if settlement is not consummated. Counsel shall file settlement documents and/or a dismissal with this Court by July 28, 2011 The Court retains full jurisdiction over this action and this order shall not prejudice any party in the action. All hearing dates in this matter are ordered VACATED. 19 (Made JS-6. Case Terminated.) (ade) (Entered: 06/27/2011)
2011-07-27 21 0 STIPULATION to Continue DEADLINE TO REOPEN THE ACTION IF SETTLEMENT NOT CONSUMMATED from 07/28/2011 to 8/26/2011 Re: Minutes of In Chambers Order/Directive - no proceeding held, Terminated Case,,,,,, 20 filed by plaintiff Ramiro Hernandez. (Attachments: # 1 Proposed Order)(Stempler, Robert) (Entered: 07/27/2011)
2011-07-27 22 0 ORDER TO CONTINUE DEADLINE TO REOPEN THE ACTION IF SETTLEMENT NOT CONSUMMATED by Judge Andrew J. Guilford. Pursuant to the stipulation 21 of the parties and good cause appearing: IT IS ORDERED that Court shall continue to retain full jurisdiction over this action through August 26, 2011, so that the final settlement may be consummated and Plaintiff's attorney's fee application filed. Plaintiff's Counsel shall file a motion for fees which will reopen the action or a stipulation of dismissal by August 26, 2011. IT IS SO ORDERED. (dro) (Entered: 07/28/2011)
2011-08-26 23 0 NOTICE OF MOTION AND MOTION for Attorney Fees EXPENSES AND COSTS FOLLOWING ACCEPTANCE OF SETTLEMENT OFFER filed by plaintiff Ramiro Hernandez. Motion set for hearing on 9/26/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 JUDGMENT AND ORDER GRANTING MOTION FOR ATTORNEYS FEES AND EXPENSES FOLLOWING ACCEPTANCE OF SETTLEMENT OFFER, # 2 DECLARATION OF DEBORAH L. RAYMOND IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND EXPENSES, # 3 DECLARATION OF DANIEL A. SCHLANGER IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND EXPENSES, # 4 DECLARATION OF ROBERT STEMPLER IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND EXPENSES PART 1 OF 2, # 5 DECLARATION OF ROBERT STEMPLER IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND EXPENSES PART 2 OF 2)(Stempler, Robert) (Entered: 08/26/2011)
2011-09-13 24 0 OPPOSITION to MOTION for Attorney Fees EXPENSES AND COSTS FOLLOWING ACCEPTANCE OF SETTLEMENT OFFER 23 filed by Defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. (Attachments: # 1 Summary of Disputed Billing Entries, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Declaration, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit)(Johnson, Timothy) (Entered: 09/13/2011)
2011-09-14 25 0 PLAINTIFFS NOTICE AND REQUEST TO EXTEND PLAINTIFF'S TIME TO REPLY TO DEFENDANTS UNTIMELY OPPOSITION TO MOTION FOR ATTORNEYS FEES AND EXPENSES AND COSTS re MOTION for Attorney Fees EXPENSES AND COSTS FOLLOWING ACCEPTANCE OF SETTLEMENT OFFER 23 filed by Plaintiff Ramiro Hernandez. (Stempler, Robert) (Entered: 09/14/2011)
2011-09-14 26 0 NOTICE OF NON-OPPOSITION Motion Related Document, 25 filed by Defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. Declaration of Timothy P. Johnson (Johnson, Timothy) (Entered: 09/14/2011)
2011-09-20 27 0 REPLY in support of MOTION for Attorney Fees EXPENSES AND COSTS FOLLOWING ACCEPTANCE OF SETTLEMENT OFFER 23 filed by Plaintiff Ramiro Hernandez. (Attachments: # 1 Declaration FIRST SUPPLEMENTAL DECLARATION OF ROBERT STEMPLER IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND EXPENSES, WITH EXHIBITS)(Stempler, Robert) (Entered: 09/20/2011)
2011-09-22 28 0 MINUTE ORDER IN CHAMBERS by Judge Andrew J. Guilford: Continuing MOTION for Attorney Fees 23 . The hearings re Motion originally scheduled have been rescheduled. ( Motion set for hearing on 10/3/2011 at 10:00 AM before Judge Andrew J. Guilford.) (twdb) (Entered: 09/22/2011)
2011-09-28 29 0 DECLARATION of Robert Stempler in support of MOTION for Attorney Fees EXPENSES AND COSTS FOLLOWING ACCEPTANCE OF SETTLEMENT OFFER 23 filed by Plaintiff Ramiro Hernandez. (Stempler, Robert) (Entered: 09/28/2011)
2011-09-28 30 0 NOTICE OF ERRATA RE SECOND SUPPLEMENTAL DECLARATION OF ROBERT STEMPLER IN SUPPORT OF MOTION FOR ATTORNEYS FEES AND EXPENSES re MOTION for Attorney Fees EXPENSES AND COSTS FOLLOWING ACCEPTANCE OF SETTLEMENT OFFER 23 filed by Plaintiff Ramiro Hernandez. (Stempler, Robert) (Entered: 09/28/2011)
2011-10-03 31 0 MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: granting 23 Motion for Attorney Fees in the amount of $28,322.93. (ade) (Entered: 10/04/2011)
2011-10-03 32 0 MINUTES OF Motion Hearing held before Judge Andrew J. Guilford: Cause is called for hearing and counsel make their appearances. Matter is argued. The Courtorders that the tentative ruling shall become the order of the Court. Motion GRANTED. A separate motion granting motion to issue.Court Reporter: Denise Paddock. (twdb) (Entered: 10/04/2011)
2011-10-12 33 0 NOTICE OF LODGING filed re Order on Motion for Attorney Fees 31 (Attachments: # 1 PROPOSED JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANTS)(Stempler, Robert) (Entered: 10/12/2011)
2011-10-13 34 0 JUDGMENT by Judge Andrew J. Guilford, in favor of Ramiro Hernandez against Eltman Eltman and Cooper PC, Erin Capital Management LLC. Costs were denied. Related to: MOTION for Attorney Fees EXPENSES AND COSTS FOLLOWING ACCEPTANCE OF SETTLEMENT OFFER 23 (twdb) (Entered: 10/13/2011) 2011-10-16 00:58:38 7efd2963b72d20ee6a4704f8e193196665237da5
2011-11-10 35 0 NOTICE OF APPEAL to the 9th CCA filed by defendant Erin Capital Management LLC. Appeal of Judgment 34 . Filed On: 10/13/2011; Entered On: 10/13/2011; Filing fee $ 455 billed. (dmap) (Main Document 35 replaced on 11/15/2011) (dmap). (Entered: 11/15/2011)
2011-11-15 36 0 FILING FEE LETTER issued as to Defendant Erin Capital Management LLC, re Notice of Appeal to 9th Circuit Court of Appeals 35 . (dmap) (Entered: 11/15/2011)
2011-11-10 37 0 NOTICE OF APPEAL to the 9th CCA filed by Defendant Erin Capital Management LLC. Appeal of Judgment, 34 Filed On: 10/13/11; Entered On: 10/13/11; Filing fee $455. PAID; receipt number SA003195. (car) (Entered: 11/15/2011)
2011-11-15 38 0 NOTICE OF CLERICAL ERROR: Due to clerical error duplicate entry Re: Notice of Appeal to 9th Circuit Court of Appeals 37 . Filing Fee Letter (A-15) 36 was issued in error. Appeal Fee has been paid for Notice of Appeal item 35 , Receipt number SA003195. (car) (Entered: 11/15/2011)
2011-11-16 39 0 NOTIFICATION by Circuit Court of Appellate Docket Number 11-57001, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 35 as to Plaintiff Ramiro Hernandez. (car) (Entered: 11/16/2011)
2011-12-06 40 0 NOTICE OF LODGING filed re Judgment, 34 (Attachments: # 1 PROPOSED CERTIFICATION OF JUDGMENT)(Stempler, Robert) (Entered: 12/06/2011)
2011-12-12 41 0 TRANSCRIPT ORDER for date of proceedings 10/3/2011 to 10/3/2011 re: Motion Hearing, 32 , Order on Motion for Attorney Fees 31 , Notice of Appeal to 9th Circuit Court of Appeals 35 , as to plaintiff Ramiro Hernandez Court Reporter Denise Paddock. Order for: Hernandez. Transcript portion requested: Other: 10/3/2011. Category: Ordinary. Ordinary Transcript Order due by 1/11/2012. (Stempler, Robert) (Entered: 12/12/2011)
2011-12-13 42 0 NOTICE OF MOTION AND MOTION for Bond supersedeas amount filed by defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. (Johnson, Timothy) (Entered: 12/13/2011)
2011-12-14 43 0 NOTICE OF NON-OPPOSITION to MOTION for Bond supersedeas amount 42 BEING SET AT $36,000 filed by Plaintiff Ramiro Hernandez. (Attachments: # 1 Proposed Order)(Stempler, Robert) (Entered: 12/14/2011)
2011-12-20 44 0 MINUTES (IN CHAMBERS): ORDER by Judge Andrew J. Guilford: granting 42 Motion for Supersedeas Bond. The Court GRANTS Defendants Motion. Enforcement will be stayed upon the posting of a supersedeas bond in the amount of $28,322.93. (twdb) (Entered: 12/21/2011)
2011-12-21 45 0 NOTICE OF MOTION AND MOTION for Bond approval of supersedeas bond filed by defendants Eltman Eltman and Cooper PC, Erin Capital Management LLC. (Johnson, Timothy) (Entered: 12/21/2011)
2012-02-10 46 0 TRANSCRIPT for proceedings held on 100311 DCCD GUILFORD 10D HERNANDEZ. Court Reporter/Electronic Court Recorder: Denise Paddock, phone number transcripts@ocrecord.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER WWW.PACERTRANSCRIPTS.COM. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 3/2/2012. Redacted Transcript Deadline set for 3/12/2012. Release of Transcript Restriction set for 5/10/2012. (Paddock, Denise) (Entered: 02/10/2012)