| Court: | cacd |
| Docket #: | 2:12-cv-02911 |
| Case Name: | Stacy Enid Hernandez v. ReconTrust Company N A et al |
| PACER case #: | 528584 |
| Date filed: | 2012-04-03 |
| Date terminated: | 2012-10-02 |
| Date of last filing: | 2013-01-22 |
| Assigned to: | Judge Christina A. Snyder |
| Referred to: | Magistrate Judge Frederick F. Mumm |
| Case Cause: | 15:1601 Truth in Lending |
| Nature of Suit: | 370 Fraud or Truth-In-Lending |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Stacy Enid Hernandez Plaintiff |
Stacy Enid Hernandez |
| ReconTrust Company N A Defendant |
Bradley James Dugan John W Amberg |
| Bank of America N A Defendant |
Bradley James Dugan John W Amberg |
| Blank Rome LLP Defendant TERMINATED: 07/03/2012 |
|
| Thomas P Cialino Defendant TERMINATED: 07/03/2012 |
|
| MERSCORP Defendant Erroneously Sued AsMERSCORP Holdings, Inc. |
Bradley James Dugan John W Amberg |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-04-03 | 1 | 0 | Complaint - (Discovery) | COMPLAINT against Defendants Bank of America N A, Blank Rome LLP, Thomas P Cialino, ReconTrust Company N A. Case assigned to Judge Christina A. Snyder for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm.(Filing fee $ 350:PAID) Jury Demanded., filed by plaintiff Stacy Enid Hernandez.(ghap) (Main Document 1 replaced on 4/11/2012) (et). (Entered: 04/04/2012) | ||
| 2012-04-03 | 2 | 0 | Certificate/Notice of Interested Parties | CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Stacy Enid Hernandez. (ghap) (Entered: 04/04/2012) | ||
| 2012-04-03 | 3 | 0 | Notice to Parties of Court-Directed ADR Program (ADR-8) | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed.(ghap) (Entered: 04/04/2012) | ||
| 2012-04-18 | 4 | 0 | Order | NOTICE TO COUNSEL by Judge Christina A. Snyder: This case has been assigned to the calendar of Judge Christina A. Snyder. Counsel are advised that the Court expects strict compliance with the provisions of the Local Rules and the Federal Rules of Civil Procedure. See document for details. (gk) (Entered: 04/18/2012) | ||
| 2012-04-25 | 5 | 0 | Motion to Dismiss Case | NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Bank of America N A, ReconTrust Company N A. Motion set for hearing on 6/4/2012 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Proposed Order)(Dugan, Bradley) (Entered: 04/25/2012) | ||
| 2012-04-25 | 6 | 0 | Corporate Disclosure Statement | CORPORATE DISCLOSURE STATEMENT filed by Defendants Bank of America N A, ReconTrust Company N A identifying Defendants as Corporate Parent. (Dugan, Bradley) (Entered: 04/25/2012) | ||
| 2012-04-25 | 7 | 0 | Certificate/Notice of Interested Parties | NOTICE of Interested Parties filed by Defendants Bank of America N A, ReconTrust Company N A, (Dugan, Bradley) (Entered: 04/25/2012) | ||
| 2012-04-25 | 8 | 0 | Request for Judicial Notice | REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 5 filed by Defendants Bank of America N A, ReconTrust Company N A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dugan, Bradley) (Entered: 04/25/2012) | ||
| 2012-05-23 | 9 | 0 | Notice (Other) | NOTICE of PLAINTIFF'S NON-OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT filed by Defendants Bank of America N A, ReconTrust Company N A. (Dugan, Bradley) (Entered: 05/23/2012) | ||
| 2012-06-04 | 10 | 0 | Order on Motion to Dismiss Case | MINUTES OF Motion Hearing held before Judge Christina A. Snyder: The Court confers with the parties and the parties argue. The Court grants Defendants Reconstrust Company, N.A. and Bank of America, N.A.'s Motion to Dismiss 5 without prejudice. The Court will issue the Proposed Order forthwith, as amended by the Court and stated in Court and on the record. Court Reporter: Laura Elias. (gk) (Entered: 06/05/2012) | ||
| 2012-06-04 | 11 | 0 | Order | ORDER GRANTING DEFENDANTS' MOTION TO DISMISS by Judge Christina A. Snyder: The Court ORDERS that Defendants Recontrust Company, N.A. and Bank of America, N.A.'s Motion to Dismiss 5 is granted in its entirety. The Complaint of Plaintiff Stacy Enid Hernandez is dismissed, in its entirety, without prejudice. Plaintiff shall have 30 days to amend the claims set forth in the Complaint. If plaintiff seeks to add new claims, she must seek leave of Court to do so. (gk) (Entered: 06/05/2012) | ||
| 2012-07-03 | 12 | 0 | Amended Complaint | FIRST AMENDED COMPLAINT against Defendants ReconTrust Company, N.A., Bank of America, N.A., and MERSCORP; Party Blank Rome LLP and Thomas P Cialino terminated; amending Complaint 1 ; with Jury Demand filed by Plaintiff Stacy Enid Hernandez. (gk) (Entered: 07/06/2012) | ||
| 2012-07-03 | 13 | 0 | Certificate/Notice of Interested Parties | FIRST AMENDED CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Stacy Enid Hernandez. (gk) (Entered: 07/06/2012) | ||
| 2012-07-23 | 14 | 0 | Motion to Dismiss (cause or other) | NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint filed by Defendants Bank of America N A, MERSCORP, ReconTrust Company N A. Motion set for hearing on 8/20/2012 at 10:00 AM before Judge Christina A. Snyder. (Attachments: # 1 Proposed Order)(Dugan, Bradley) (Entered: 07/23/2012) | ||
| 2012-07-23 | 15 | 0 | Request for Judicial Notice | REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First Amended Complaint 14 filed by Defendants Bank of America N A, MERSCORP, ReconTrust Company N A. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Dugan, Bradley) (Entered: 07/23/2012) | ||
| 2012-08-01 | 16 | 0 | Text Only Scheduling Notice | SCHEDULING NOTICE CONTINUANCE by Judge Christina A. Snyder re: MOTION to Dismiss First Amended Complaint 14 previously scheduled for 08/20/2012 10:00 am has been rescheduled. Motion hearing is continued to 9/10/2012 at 10:00 AM before Judge Christina A. Snyder, to be heard simultaneously with MOTION to StrikeTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(cj) TEXT ONLY ENTRY (Entered: 08/01/2012) | ||
| 2012-07-27 | 17 | 0 | Motion to Strike | MOTION to Strike Defendant Dugan 12(B)(6) "Motion to Dismiss in Part" 14 filed by Plaintiff Stacy Enid Hernandez. Motion set for hearing on 9/10/2012 at 10:00 AM before Judge Christina A. Snyder. (gk) (Entered: 08/01/2012) | ||
| 2012-08-20 | 18 | 0 | Objection/Opposition (Motion related) | OPPOSITION re: MOTION to Strike Defendant Dugan 12(B)(6) "Motion to Dismiss in Part" MOTION to Dismiss First Amended Complaint 14 17 filed by Defendants Bank of America N A, MERSCORP, ReconTrust Company N A. (Dugan, Bradley) (Entered: 08/20/2012) | ||
| 2012-08-23 | 19 | 0 | Notice (Other) | NOTICE of PLAINTIFF'S NON-OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S FIRST AMENDED COMPLAINT filed by Defendants Bank of America N A, MERSCORP, ReconTrust Company N A. (Dugan, Bradley) (Entered: 08/23/2012) | ||
| 2012-09-10 | 20 | 0 | Order on Motion to Dismiss | MINUTES: DEFENDANTS MOTION TO DISMISS FIRST AMENDED COMPLAINT 14 filed July 23, 2012, PLAINTIFF'S MOTION TO STRIKE DEFENDANT DUGAN 12(B)(6) "MOTION TO DISMISS IN PART" 17 July 27, 2012: The Court hereby DISMISSES plaintiff's first and second claims for relief with prejudice and DENIES plaintiff's motion to strike. Plaintiff may seek leave of the Court to file an amended complaint addressing the deficiencies noted herein within 20 (twenty) days. Failure to do so may result in the dismissal of plaintiff's case with prejudice IT IS SO ORDERED by Judge Christina A. Snyder Court Reporter: Laura Elias. (ir) (Entered: 09/12/2012) | ||
| 2012-09-10 | 21 | 0 | Motion to Strike | MOTION to Strike Defendant Dugan's opposition filed by Plaintiff Stacy Enid Hernandez. Motion set for hearing on 10/15/2012 at 10:00 AM before Judge Christina A. Snyder. (ir) (Entered: 09/12/2012) | ||
| 2012-09-13 | 22 | 0 | Order on Motion to Strike | MINUTES (IN CHAMBERS) by Judge Christina A. Snyder: The Court held a hearing on 9/10/2012. On 9/10/2012, the Court denied Plaintiff's Motion to Strike Defendant's Motion to Dismiss, and dismissed the First Amended Complaint. On 9/10/2012, Plaintiff filed a Motion to Strike Defendant's Opposition to her Motion to Strike 21 . Plaintiff's motion to strike fails because Defendant's opposition is not redundant, immaterial, impertinent or scandalous. Instead, the opposition was well-taken, as plaintiff's 7/27/2012 motion to strike was denied by order dated 9/10/2012. Court Reporter: Not Present. (gk) (Entered: 09/14/2012) | ||
| 2012-09-19 | 23 | 0 | Amended Complaint | SECOND AMENDED COMPLAINT against Defendants ReconTrust Company, N.A., Bank of America, N.A., and MERSCORP; amending First Amended Complaint 12 ; with Jury Demand filed by Plaintiff Stacy Enid Hernandez. (Attachments: # 1 Issued Summons on Second Amended Complaint)(gk) (Entered: 09/20/2012) | 2012-11-26 17:33:29 | ac0c8158583e9c4d1f233ebe51d104315fc3856f |
| 23 | 1 | Issued Summons on Second Amended Complaint | ||||
| 2012-09-19 | 24 | 0 | Certificate/Notice of Interested Parties | SECOND AMENDED CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Stacy Enid Hernandez. (gk) (Entered: 09/20/2012) | ||
| 2012-09-21 | 25 | 0 | Service of Summons and Complaint Returned Executed (21 days) | PROOF OF SERVICE Executed by Plaintiff Stacy Enid Hernandez, upon Defendant MERSCORP served on 9/20/2012, answer due 10/11/2012. Service of the Summons and Complaint were executed by personal service, and by mail with two copies of the Notice and Acknowledgment of Receipt Form, in compliance with California Code of Civil Procedure. (gk) (Entered: 09/21/2012) | ||
| 2012-09-21 | 26 | 0 | Service of Summons and Complaint Returned Executed (21 days) | PROOF OF SERVICE Executed by Plaintiff Stacy Enid Hernandez, upon Defendant Bank of America N.A. served on 9/20/2012, answer due 10/11/2012. Service of the Summons and Complaint were executed by personal service, and by mail with two copies of the Notice and Acknowledgment of Receipt Form, in compliance with California Code of Civil Procedure. (gk) (Entered: 09/21/2012) | ||
| 2012-09-21 | 27 | 0 | Service of Summons and Complaint Returned Executed (21 days) | PROOF OF SERVICE Executed by Plaintiff Stacy Enid Hernandez, upon Defendant ReconTrust N.A. served on 9/20/2012, answer due 10/11/2012. Service of the Summons and Complaint were executed by personal service, name of individual served is not indicated, and by mail with two copies of the Notice and Acknowledgment of Receipt Form, in compliance with California Code of Civil Procedure. (gk) (Entered: 09/21/2012) | ||
| 2012-10-02 | 28 | 0 | Order Dismissing Case | MINUTES: Proceedings: (In Chambers) ORDER DISMISSING CASE WITH PREJUDICE by Judge Christina A. Snyder: Plaintiff's filed a Second Amended Complaint on 9/19/2012. Plaintiff's Second Amended Complaint fails to allege any facts that support her conclusion that defendants made insufficient responses to qualified written requests, and does not in any other way allege a claim for relief under RESPA. Accordingly, the Court hereby DISMISSES this case with prejudice. (Made JS-6. Case Terminated.) (jp) (Entered: 10/03/2012) | ||
| 2012-10-12 | 29 | 0 | Notice of Appeal to 9th Circuit Court of Appeals | NOTICE OF APPEAL to the 9th CCA filed by plaintiff Stacy Enid Hernandez. Appeal of Order Dismissing Case, 28 Filed On: 10/2/12; Entered On: 10/3/12; Filing fee $455 PAID; receipt number LA054942. (car) (Entered: 10/15/2012) | ||
| 2012-10-16 | 30 | 0 | 9th CCA Assigned Case Number Notice | NOTIFICATION by Circuit Court of Appellate Docket Number 12-56865, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 29 as to plaintiff Stacy Enid Hernandez. (car) (Entered: 10/17/2012) | ||
| 2013-01-22 | 31 | 0 | USCA Order | ORDER from 9th CCA filed, CCA # 12-56865. Appellant has not demonstrated that this case warrants the intervention of this court by means of the extraordinary remedy of mandamus. Accordingly, the October 30, 2012 petition is denied. Order received in this district on 1/22/13. (car) (Entered: 01/24/2013) | ||
| 2013-05-02 | 32 | 0 | TRANSCRIPT ORDER re: Motion to Dismiss (cause or other), 14 , Motion to Dismiss Case 5 , as to Defendant Bank of America N A, MERSCORP, ReconTrust Company N A Court Reporter. Court will contact Michelle Hicks at michelle.hicks@bryancave.com with any questions regarding this order. Transcript portion requested: Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Dugan, Bradley) (Entered: 05/02/2013) | |||
| 2013-05-07 | 33 | 0 | TRANSCRIPT ORDER re: Order on Motion to Dismiss, Order on Motion to Strike, Motion Hearing,,,,,, 20 , as to Defendants Bank of America N A, MERSCORP, ReconTrust Company N A Court Reporter. Court will contact Michelle Hicks at michelle.hicks@bryancave.com with any questions regarding this order. Transcript portion requested: Other: September 10, 2012 Hearing on Motion to Stike First Amended Complaint. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Dugan, Bradley) (Entered: 05/07/2013) | |||
| 2013-05-09 | 34 | 0 | TRANSCRIPT for proceedings held on 06-04-2012 10:17 a.m.. Court Reporter/Electronic Court Recorder: LAURA MILLER ELIAS, CSR 10019, phone number (213)620-0890. 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. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/30/2013. Redacted Transcript Deadline set for 6/9/2013. Release of Transcript Restriction set for 8/7/2013. (Duvall, Richard) (Entered: 05/09/2013) | |||
| 2013-05-09 | 35 | 0 | TRANSCRIPT for proceedings held on 09-10-2012 11:00 a.m.. Court Reporter/Electronic Court Recorder: LAURA MILLER ELIAS, CSR 10019, phone number (213) 620-0890. 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. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/30/2013. Redacted Transcript Deadline set for 6/9/2013. Release of Transcript Restriction set for 8/7/2013. (Duvall, Richard) (Entered: 05/09/2013) | |||
| 2013-05-09 | 36 | 0 | NOTICE OF FILING TRANSCRIPT filed for proceedings 06-04-2012 10:17 a.m. / 09-10-2012 11:00 a.m. re Transcript 35 , 34 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(Duvall, Richard) TEXT ONLY ENTRY (Entered: 05/09/2013) |