Case details

Court: cacd
Docket #: 5:13-cv-00463
Case Name: Clarisa A Welte v. Wells Fargo Bank National Association et al
PACER case #: 556772
Date filed: 2013-03-12
Assigned to: Judge Jesus G. Bernal
Referred to: Magistrate Judge Sheri Pym
Case Cause: 28:1391 Personal Injury
Nature of Suit: 190 Contract: Other
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Clarisa A Welte
Plaintiff
an individual
Michael R Weinstein
Ferris & Britton APC 501 West Broadway Suite 1450 San Diego, CA 92101 619-233-3131 Fax: 619-232-9316 Email: mweinstein@ferrisbritton.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

William A Lee Biddle
Ferris & Britton APC 501 West Broadway, Suite 1450 San Diego, CA 92101 619-233-3131 Fax: 619-232-9316 Email: lbiddle@ferrisbritton.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wells Fargo Bank National Association
Defendant
a South Dakota corporation
Laura J Petrie
Law Offices of Petrie & Associates 28202 Cabot Road Suite 300 Laguna Niguel, CA 92677 949-365-9160 Fax: 949-861-9645 Email: ljp@petrielaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cathy A Knecht
Barry Gardner & Kincannon APC 2214 Faraday Avenue Carlsbad, CA 92008 760-754-9111 Fax: 760-754-3935
ATTORNEY TO BE NOTICED

Jeffrey Burns Gardner
Barry, Gardner & Kincannon, APC 2214 Faraday Avenue Carlsbad, CA 92008 760-754-9111 Fax: 760-754-3935 Email: jeff.gardner@sbgk.com
ATTORNEY TO BE NOTICED

Federal National Mortgage Association
Defendant
a federally chartered corporation TERMINATED: 05/29/2015
Cathy A Knecht
(See above for address)
ATTORNEY TO BE NOTICED

Jeffrey Burns Gardner
(See above for address)
ATTORNEY TO BE NOTICED

Shaun Donovan
Defendant
Secretary of the US Department of Housing and Urban Development TERMINATED: 02/28/2014
Assistant US Attorney LA-CV
AUSA - Office of US Attorney Civil Division 300 North Los Angeles Street Suite 7516 Los Angeles, CA 90012 213-894-2879 Email: USACAC.Civil@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carol Federighi
US Department of Justice Civil Division - Federal Programs Branch P O Box 883 Washington, DC 20044 202 514-1903 Email: carol.federighi@usdoj.gov
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-03-12 1 0 COMPLAINT against Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. Case assigned to Judge Jesus G. Bernal for all further proceedings. Discovery referred to Magistrate Judge Sheri Pym. (Filing fee $ 350.00 paid) Jury Demanded, filed by plaintiff Clarisa A Welte.(adu) (Entered: 03/13/2013)
2013-03-12 2 0 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Clarisa A Welte.(adu) (Entered: 03/13/2013)
2013-03-14 3 0 MINUTE ORDER (IN CHAMBERS) DENYING PLAINTIFF'S APPLICATIONFOR A TEMPORARY RESTRAINING ORDER 1 by Judge Jesus G. Bernal: (see document image for specifics). Fed. R. Civ. P. 65(b). Here, Plaintiff fails to show proper notice. Plaintiff has not submitted a proof of service on Defendant, nor has she submitted any evidence purporting to show any efforts she made to give notice. Additionally, Plaintiff has not offered a reason notice should not be required. Accordingly, the Court DENIES Plaintiff's TRO WITHOUT PREJUDICE. IT IS SO ORDERED. (ad) (Entered: 03/14/2013)
2013-04-08 4 0 STIPULATION Extending Time to Answer the complaint as to Wells Fargo Bank National Association answer now due 4/12/2013, re Summons Issued, Complaint - (Discovery), 1 filed by Defendants Federal National Mortgage Association; Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 04/08/2013)
2013-04-10 5 0 STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint - (Discovery), 1 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association.(Gardner, Jeffrey) (Entered: 04/10/2013)
2013-04-11 6 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation Extending Time to Answer (30 days or less) 5 . The following error(s) was found: O Other error(s) with document(s): Stipulation is not signed by both parties. 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. (adu) (Entered: 04/11/2013)
2013-04-11 7 0 NOTICE OF ERRATA filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. correcting Stipulation Extending Time to Answer (30 days or less) 5 (Attachments: # 1 Exhibit Exhibit A)(Gardner, Jeffrey) (Entered: 04/11/2013)
2013-04-18 8 0 NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) or in the Alternative Motion for Definitive Statement; Memorandum of Points and Authorities in Support Thereof; with Proof of Service filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. Motion set for hearing on 6/3/2013 at 09:00 AM before Judge Jesus G. Bernal. (Knecht, Cathy) (Entered: 04/18/2013)
2013-04-18 9 0 ORDER GRANTING Stipulation Extending Time to Answer (30 days or less) 4 by Judge Jesus G. Bernal: IT IS HEREBY ORDERED THAT the Stipulation is GRANTED. IT IS FURTHER ORDERED that WELLS FARGO BANK, NATIONAL ASSOCIATION shall have until April 19, 2013 to file a responsive pleading to Plaintiffs Complaint. IT IS SO ORDERED. (ad) (Entered: 04/19/2013)
2013-04-19 10 0 Notice of Electronic Filing re Order Extending Answer Due Deadline, 9 e-mailed to jeff.gardner@sbgk.com bounced due to 554 5.4.0 id=19388-06 - Rejected by next-hop MTA on relaying, from MTA(smtp:[127.0.0.1]:10025): 554 5.4.0 Error: too many hops. Primary e-mail address is correct. Possible mail server issues. Notice of Electronic Filing resent addressed to jeff.gardner@sbgk.com. Pursuant to the General Order and Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(tyw) TEXT ONLY ENTRY (Entered: 04/19/2013)
2013-05-13 11 0 MEMORANDUM in Opposition to MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) or in the Alternative Motion for Definitive Statement; Memorandum of Points and Authorities in Support Thereof; with Proof of Service 8 filed by Plaintiff Clarisa A Welte. (Biddle, William) (Entered: 05/13/2013)
2013-05-20 12 0 REPLY in support of MOTION to Dismiss Complaint Pursuant to FRCP 12(b)(6) or in the Alternative Motion for Definitive Statement; Memorandum of Points and Authorities in Support Thereof; with Proof of Service 8 with Proof of Service filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Knecht, Cathy) (Entered: 05/20/2013)
2013-05-23 13 0 STANDING ORDER upon filing of the complaint by Judge Jesus G. Bernal. (mga) (Entered: 05/23/2013)
2013-05-24 14 0 Joint APPLICATION for Leave of Cathy A. Knecht, Esq. to Appear for Telephonic Appearance at Defendants Wells Fargo Bank, National Association's and Federal National Mortgage Association's June 3, 2013 Motion to Dismiss Hearing, or in the alternative, to Continue the Motion to Dismiss to June 17, 2013 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Knecht, Cathy) (Entered: 05/24/2013)
2013-05-24 15 0 NOTICE OF LODGING filed on Proposed Order re Joint APPLICATION for Leave of Cathy A. Knecht, Esq. to Appear for Telephonic Appearance at Defendants Wells Fargo Bank, National Association's and Federal National Mortgage Association's June 3, 2013 Motion to Dismiss Hearing, or in the 14 (Attachments: # 1 Proposed Order Exhibit A - Proposed Order)(Knecht, Cathy) (Entered: 05/24/2013)
2013-05-29 16 0 MINUTES (IN CHAMBERS): ORDER (1) GRANTING IN PART AND DENYING IN PART Defendants' Motion to Dismiss (Doc. No. 8); VACATING the June 3, 2013 Hearing by Judge Jesus G. Bernal: For the foregoing reasons, the Court 1. DISMISSES WITHOUT PREJUDICE Plaintiff's claims as to ALL Defendants for (A) TRO and preliminary injunction; and (B) breach of the implied covenant of good faith and fair dealing; 2. DISMISSES WITHOUT PREJUDICE Plaintiff's claims as to Defendant FNMA only for (A) negligence; (B) negligent misrepresentation; (C) constructive fraud; and (D) elder abuse; 3. DISMISSES WITH LEAVE TO AMEND Plaintiff's claims for (A) negligent misrepresentation; (B) constructive fraud; (C) elder abuse; and (D) unfair business practices; 4. DENIES Defendants' Motion to Dismiss Plaintiff's claims for (A) reformation of contract; and (B) negligence as to Wells Fargo. If Plaintiff chooses to amend her Complaint, she shall file a First Amended Complaint on or before June 24, 2013. 8 (am) (Entered: 05/29/2013)
2013-06-24 17 0 AMENDED DOCUMENT filed by Plaintiff Clarisa A Welte. First Amended Complaint (Attachments: # 1 Exhibit To First Amended Complaint)(Biddle, William) (Entered: 06/24/2013)
2013-06-27 18 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First Amended Complaint 17 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): LR 3-2 Filing of Initiating Documents. Case-initiating documents, and other claim-initiating document s (such as amended complaints) shall be presented to the Clerk for filing in paper format, rather than electronically, in accordance with the applicable Federal Rules of Civil Procedure and the Local Rules of this Court. 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. (ad) (Entered: 06/27/2013)
2013-07-08 19 0 NOTICE OF MOTION AND MOTION to Dismiss FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) OR IN THE ALTERNATIVE MOTION FOR DEFINITE STATEMENT ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. Motion set for hearing on 9/9/2013 at 09:00 AM before Judge Jesus G. Bernal. (Gardner, Jeffrey) (Entered: 07/08/2013)
2013-08-19 20 0 OPPOSITION to MOTION to Dismiss FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) OR IN THE ALTERNATIVE MOTION FOR DEFINITE STATEMENT ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 19 filed by Plaintiff Clarisa A Welte. (Biddle, William) (Entered: 08/19/2013)
2013-08-26 21 0 REPLY In Support of MOTION to Dismiss FIRST AMENDED COMPLAINT PURSUANT TO FRCP 12(b)(6) OR IN THE ALTERNATIVE MOTION FOR DEFINITE STATEMENT ; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF 19 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Gardner, Jeffrey) (Entered: 08/26/2013)
2013-09-04 22 0 SCHEDULING NOTICE (IN CHAMBERS) by Judge Jesus G. Bernal re: MOTION to Dismiss FIRST AMENDED COMPLAINT 19 previously scheduled for 9/9/2013 at 9:00 am has been rescheduled to 9/16/2013 at 09:00 AM before Judge Jesus G. Bernal. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 09/04/2013)
2013-09-11 23 0 PAPERLESS ORDER by Judge Jesus G. Bernal: On the Court's own motion, Defendants Motion to Dismiss First Amended Complaint 19 set for hearing on 9/16/13, is hereby taken off calendar. This matter is appropriate for resolution without a hearing pursuant to Local Rule 7-15 and will stand submitted on the papers timely filed.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 09/11/2013)
2013-12-18 24 0 MINUTES (IN CHAMBERS) ORDER by Judge Jesus G. Bernal (1) DENYING IN PART and GRANTING IN PART Defendants Motion to Dismiss 19 : (see document image for specifics). The Court cannot conclude that amendment of Plaintiffs dismissed claims would be futile. See Miller, 845 F.2d at 214. Accordingly, the Court grants Plaintiff leave to amend the dismissed claims. Plaintiff shall file an amended complaint no later than December 30, 2013. For the foregoing reasons, the Court DENIES IN PART and GRANTS IN PART Defendants motion to dismiss. IT IS SO ORDERED. (ad) (Entered: 12/18/2013)
2013-12-30 25 0 SECOND AMENDED COMPLAINT filed by plaintiff Clarisa A Welte against defendants Federal National Mortgage Association, Wells Fargo Bank National Association, Shaun Donovan amending Complaint 1 . (Attorney William A Lee Biddle added to party Clarisa A Welte(pty:pla))(ad) (adu). (Entered: 12/31/2013)
2013-12-30 26 0 21 DAY Summons Issued re Second Amended Complaint 25 as to defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (ad) (Entered: 12/31/2013)
2013-12-30 27 0 60 DAY Summons Issued re Second Amended Complaint 25 as to defendant Shaun Donovan. (ad) (Entered: 12/31/2013)
2014-01-02 28 0 NOTICE of Appearance filed by attorney Carol Federighi on behalf of Defendant Shaun Donovan (Attorney Carol Federighi added to party Shaun Donovan(pty:dft))(Federighi, Carol) (Entered: 01/02/2014)
2014-01-09 29 0 STIPULATION Extending Time to Answer the complaint as to Federal National Mortgage Association answer now due 1/24/2014; Wells Fargo Bank National Association answer now due 1/24/2014, re Amended Complaint, 25 filed by Defendants Federal National Mortgage Association; Wells Fargo Bank National Association.(Gardner, Jeffrey) (Entered: 01/09/2014)
2014-01-23 30 0 STIPULATION for Extension of Time to File Answer to 02/28/2014 re Amended Complaint, 25 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 01/23/2014)
2014-01-23 31 0 NOTICE OF LODGING filed re Proposed Order re Stipulation to Extend Time to Answer (More than 30 days) 30 (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 01/23/2014)
2014-01-27 32 0 ORDER by Judge Jesus G. Bernal, re Stipulation to Extend Time to Answer (More than 30 days) 30 , ORDER granting defendants Federal National Mortgage Association answer due 2/28/2014; Wells Fargo Bank National Association answer due 2/28/2014. (mrgo) (Entered: 01/31/2014)
2014-02-27 33 0 STIPULATION Extending Time to Answer the complaint as to Federal National Mortgage Association answer now due 3/28/2014; Wells Fargo Bank National Association answer now due 3/28/2014; Shaun Donovan answer now due 3/28/2014, re Amended Complaint, 25 filed by Defendants Federal National Mortgage Association; Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 02/27/2014)
2014-02-28 34 0 Notice of Voluntary Dismissal filed by Plaintiff Clarisa A Welte of defendant Shaun Donovan, Secretary of the U.S. Department of Housing and Urban Development Only (Biddle, William) (Entered: 02/28/2014)
2014-03-11 35 0 ORDER GRANTING Stipulation to Extend Defendants Time to Respond to the Second Amended Complaint 33 by Judge Jesus G. Bernal that the Stipulation is GRANTED. FURTHER ORDERED that the deadline for Defendants to respond to the Second Amended Complaint shall be 3/28/2014. (jp) (Entered: 03/17/2014)
2014-03-25 36 0 STIPULATION Extending Time to Answer the complaint as to Federal National Mortgage Association answer now due 4/25/2014; Wells Fargo Bank National Association answer now due 4/25/2014, re Amended Complaint, 25 filed by Defendants Federal National Mortgage Association; Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 03/25/2014)
2014-04-01 37 0 ORDER granting Stipulation Extending Time to Answer (30 days or less), 36 , by Judge Jesus G. Bernal. IT IS FURTHER ORDERED that the deadline for Defendants to respond to the Second Amended Complaint (SAC) shall be April 25, 2014. (mrgo) (Entered: 04/03/2014)
2014-04-23 38 0 STIPULATION for Extension of Time to File Answer to 10/24/2014 re Amended Complaint, 25 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 04/23/2014)
2014-05-02 39 0 ORDER by Judge Jesus G. Bernal GRANTING Stipulation to Extend Time to Respond to the Second Amended Complaint 38 : The Court having considered the Stipulation to extend WELLS FARGO BANK, NATIONAL ASSOCIATION (Wells Fargo) and FEDERAL NATIONAL MORTGAGE ASSOCIATION (Fannie Mae) (collectively, Defendants) Time to Respond to the Second Amended Complaint, filed by counsel for Defendants, and good cause appearing, IT IS HEREBY ORDERED THAT the Stipulation is GRANTED. IT IS FURTHER ORDERED that the deadline for Defendants to respond to the Second Amended Complaint (SAC) shall be October 24, 2014. IT IS SO ORDERED. (ad) (Entered: 05/07/2014)
2014-09-16 40 0 NOTICE of Change of address by William A Lee Biddle attorney for Plaintiff Clarisa A Welte. Changing attorneys address to 501 West Broadway, Suite 1450, San Diego, CA 92101. Filed by Plaintiff Clarisa A Welte. (Biddle, William) (Entered: 09/16/2014)
2014-10-23 41 0 STIPULATION for Extension of Time to File Answer to 01/16/2015 re Amended Complaint, 25 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 10/23/2014)
2014-10-23 42 0 ORDER GRANTING Stipulation to Extend Time to Respond to the Second Amended Complaint 41 by Judge Jesus G. Bernal. FURTHER ORDERED that the deadline for Defendants to respond to theSecond Amended Complaint 1/16/2015 (jp) (Entered: 10/30/2014)
2015-01-14 43 0 STIPULATION for Extension of Time to File Answer to 03/20/2015 re Amended Complaint, 25 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 01/14/2015)
2015-01-20 44 0 ORDER granting Stipulation to Extend Time to File Response to Second Amended Complaint (More than 30 days) 43 , defendants Federal National Mortgage Association answer due 3/20/2015; Wells Fargo Bank National Association answer due 3/20/2015 by Judge Jesus G. Bernal. (mrgo) (Entered: 01/21/2015)
2015-03-18 45 0 STIPULATION for Extension of Time to File Answer to 05/29/2015 re Amended Complaint, 25 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 03/18/2015)
2015-03-23 46 0 ORDER by Judge Jesus G. Bernal granting Stipulation to Extend Time to Answer (More than 30 days) 45 , defendants Federal National Mortgage Association answer due 5/29/2015; Wells Fargo Bank National Association answer due 5/29/2015. (mrgo) (Entered: 03/24/2015)
2015-05-29 47 0 NOTICE OF DISMISSAL filed by Plaintiff Clarisa A Welte pursuant to FRCP 41a(1) without prejudice of action as to Federal National Mortgage Association. (Biddle, William) (Entered: 05/29/2015)
2015-05-29 48 0 STIPULATION to Dismiss Defendant Wells Fargo Bank National Association filed by Plaintiff Clarisa A Welte. (Attachments: # 1 Proposed Order)(Biddle, William) (Entered: 05/29/2015)
2015-06-03 49 0 ORDER DISMISSING WITHOUT PREJUDICE CERTAIN CAUSES OF ACTION BY PLAINTIFF AGAINST DEFENDANT, WELLS FARGO BANK, NATIONAL ASSOCIATION by Judge Jesus G. Bernal, re Stipulation to Dismiss 48 . (mrgo) (Entered: 06/05/2015)
2015-06-17 50 0 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Prosecution re: Second Amended Complaint Pursuant to FRCP12(b)(6) or in the Alternative Motion for Definite Statement filed by Defendant Wells Fargo Bank National Association. Motion set for hearing on 7/20/2015 at 09:00 AM before Judge Jesus G. Bernal. (Gardner, Jeffrey) (Entered: 06/17/2015)
2015-06-17 51 0 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss for Lack of Prosecution re: Second Amended Complaint Pursuant to FRCP12(b)(6) or in the Alternative Motion for Definite Statement 50 filed by Defendant Wells Fargo Bank National Association. (Gardner, Jeffrey) (Entered: 06/17/2015)
2015-06-26 52 0 MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Prosecution re: Second Amended Complaint Pursuant to FRCP12(b)(6) or in the Alternative Motion for Definite Statement 50 filed by Plaintiff Clarisa A Welte. (Biddle, William) (Entered: 06/26/2015)
2015-07-12 53 0 REPLY to Plaintiff's Opposition re: MOTION to Dismiss for Lack of Prosecution re: Second Amended Complaint Pursuant to FRCP12(b)(6) or in the Alternative Motion for Definite Statement 50 filed by Defendant Wells Fargo Bank National Association. (Gardner, Jeffrey) (Entered: 07/12/2015)
2015-07-14 54 0 MINUTES (IN CHAMBERS) Order (1) DENYING Defendants Motion to Dismiss (Doc. No. 50); and (2) VACATING the July 20, 2015 Hearing by Judge Jesus G. Bernal re: 50 MOTION to Dismiss for Lack of Prosecution. (See document for specifics) (mrgo) (Entered: 07/14/2015) 2016-04-25 11:46:18 8d5a807b802665e10085ba02f09121875f2271e4
2015-07-28 55 0 ANSWER to Amended Complaint, 25 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association.(Gardner, Jeffrey) (Entered: 07/28/2015)
2015-07-29 56 0 ORDER SETTING SCHEDULING CONFERENCE by Judge Jesus G. Bernal. Scheduling Conference set for 9/21/2015 at 11:00 AM before Judge Jesus G. Bernal. (vp) (Entered: 07/29/2015)
2015-08-18 57 0 STIPULATION to Continue Scheduling Conference from 09/21/15 to 11/20/15 Re: Initial Order Setting R26 Scheduling Conference - form only 56 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 08/18/2015)
2015-09-03 58 0 ORDER by Judge Jesus G. Bernal re: Stipulation to Continue, 57 . (Scheduling Conference continued to 11/23/2015 at 02:00 PM before Judge Jesus G. Bernal.) (See document for specifics.) (iva) (Entered: 09/03/2015)
2015-11-09 59 0 BRIEF filed by Plaintiff Clarisa A Welte. Joint Rule 26(f) Report (Biddle, William) (Entered: 11/09/2015)
2015-11-13 60 0 BRIEF filed by Plaintiff Clarisa A Welte. Joint Motion and Order re: Protective Order (Biddle, William) (Entered: 11/13/2015)
2015-11-13 61 0 STIPULATION for Discovery as to Joint Motion and Order regarding Inadvertent Disclosure Rule 502 filed by Plaintiff Clarisa A Welte.(Biddle, William) (Entered: 11/13/2015)
2015-11-16 62 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Discovery 61 , Brief (non-motion non-appeal) 60 . The following error(s) was found: Incorrect event selected.Proposed Document was not submitted as separate attachment. The correct event is: Discovery Motions > Protective Order. 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. (mrgo) (Entered: 11/17/2015)
2015-11-17 63 0 SCHEDULING NOTICE by Judge Jesus G. Bernal Take Notice that the Scheduling Conference set for 11/23/2015 shall be heard at 11:00 a.m, instead of 2:00 p.m. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mga) TEXT ONLY ENTRY (Entered: 11/17/2015)
2015-11-24 64 0 JOINT MOTION AND ORDER by Magistrate Judge Sheri Pym (SEE ORDER FOR DETAILS). (kca) (Entered: 11/25/2015)
2015-11-24 65 0 JOINT MOTION AND ORDER RE: CONFIDENTIAL INFORMATION [FRCP, Rule 26] by Magistrate Judge Sheri Pym: [NOTE CHANGES MADE BY THE COURT IN 2.03 AND 3.05] (SEE ORDER FOR DETAILS). (kca) (Entered: 11/25/2015)
2015-12-01 66 0 CIVIL TRIAL SCHEDULING ORDER by Judge Jesus G. Bernal. Amended Pleadings due by 12/1/2015. Discovery cut-off 4/8/2016. Motions due by 5/23/2016. Last date to conduct settlement conference is 3/18/2016 (Magistrate Judge). Final Pretrial Conference set for 7/11/2016 11:00 AM before Judge Jesus G. Bernal. Jury Trial set for 7/26/2016 09:00 AM before Judge Jesus G. Bernal. See Order for details. (ima) (Entered: 12/01/2015)
2016-02-22 67 0 STIPULATION for Extension of Time to File Settlement Conference Statement, Designation of Expert Witnesses, and Rebuttal Designations filed by Plaintiff Clarisa A Welte. (Attachments: # 1 Proposed Order re: Joint Motion to Extend Deadlines)(Weinstein, Michael) (Entered: 02/22/2016)
2016-02-23 68 0 ORDER by Judge Jesus G. Bernal re: Stipulation for Extension of Time to File, 67 . (See document for specifics.) (iva) (Entered: 02/23/2016)
2016-02-29 69 0 ORDER RE SETTLEMENT CONFERENCE by Magistrate Judge Sheri Pym, This case has been referred to Magistrate Judge Sheri Pym for settlement proceedings.The Settlement Conference is placed on calendar for April 11, 2016, at 9:30a.m., in Courtroom 4 of the United States District Court, Riverside Courthouse, located at 3470 Twelfth Street in Riverside, California (SEE ORDER FOR DETAILS). (kca) (Entered: 03/01/2016)
2016-03-16 70 0 [DOCUMENT ORDERED STRICKEN PER DOCUMENT NO. 72] NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 4/22/2016 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Gardner, Jeffrey) Modified on 3/17/2016 (iva). (Entered: 03/16/2016)
2016-03-17 71 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Extend Discovery Cut-Off Date to 4/22/2016 70 . The following error(s) was found: Incorrect event selected.Proposed Document was not submitted as separate attachment.Other error(s) with document(s) are specified below: Request should be submitted as a stipulation using the following event: Order located under Civil Events; Other Filings; Stipulations. A separate prop. order directed to the district judge must be attached. Per General Order 08-02, Section VI, B: a WordPerfect or Word copy of the proposed document, along with a copy of the PDF electronically filed main document, shall be e-mailed to the judge's generic chambers e-mail address. 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. (iva) (Entered: 03/17/2016)
2016-03-17 72 0 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Notice of Deficiency in Electronically Filed Documents (G-112A), 71 by Clerk of Court. The document is stricken and counsel is ordered to file an amended or corrected document. (iva) (Entered: 03/17/2016)
2016-03-18 73 0 STIPULATION to Continue Deadline to Complete Expert Depositions from April 8, 2016 to April 22, 2016 filed by Defendants Federal National Mortgage Association, Wells Fargo Bank National Association. (Attachments: # 1 Proposed Order)(Gardner, Jeffrey) (Entered: 03/18/2016)
2016-03-23 74 0 ORDER by Judge Jesus G. Bernal re: Stipulation to Continue, 73 . IT IS SO ORDERED. The parties may complete expert depositions after the April 8, 2016 discovery cut-off, to be completed by no later than April 22, 2016. (iva) (Entered: 03/23/2016)
2016-04-11 75 0 NOTICE OF MOTION AND MOTION for Summary Judgment as to Partial Summary Judgment and/or For an Order Treating Certain Material Facts as established as to the claims by Clarisa A. Welte filed by Defendant Wells Fargo Bank National Association. Motion set for hearing on 5/9/2016 at 09:00 AM before Judge Jesus G. Bernal. (Attachments: # 1 Notice of Motion for Summary Judgment, # 2 Statement of Uncontroverted Facts, # 3 Request for Judicial Notice, # 4 Declaration of Jeffrey Taylor, # 5 Declaration of Cathy Knecht Robinson with Exhibit I, # 6 Excerpt of Savala Deposition, # 7 Excerpt of Sparrow Deposition, # 8 Excerpt Welte Deposition, # 9 Proposed Order, # 10 Proposed Judgment) (Gardner, Jeffrey) (Entered: 04/11/2016)
2016-04-11 76 0 MINUTES OF Settlement Conference held before Magistrate Judge Sheri Pym: Court and counsel engaged in settlement discussions off the record. The parties wereunable to reach a settlement. The parties were advised to contact the Magistrate Judges Court Clerk if they would like to set up a follow-up settlement conference after the ruling on the Summary Judgment Motion. (kca) (Entered: 04/11/2016)
2016-04-12 77 0 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Summary Judgment as to Partial Summary Judgment and/or For an Order Treating Certain Material Facts as established as to the claims by Clarisa A. Welte 75 . The following error(s) was found: Incorrect document is attached to the docket entry.Other error(s) with document(s) are specified below: The main document is a Memorandum of Points and Authorities instead of the Notice of Motion. 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. (iva) (Entered: 04/12/2016)
2016-04-18 78 0 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Summary Judgment as to Partial Summary Judgment and/or For an Order Treating Certain Material Facts as established as to the claims by Clarisa A. Welte 75 filed by Plaintiff Clarisa A Welte. (Attachments: # 1 Exhibit Evidence in Support of Plaintiff's Opposition to Motion for Summary Judgment, Part One, # 2 Exhibit Evidence in Support of Plaintiff's Opposition to Motion for Summary Judgment, Part Two, # 3 Exhibit Evidence in Support of Plaintiff's Opposition to Motion for Summary Judgment, Part Three, # 4 Supplement Statement of Genuine Disputes in Support of Plaintiff's Opposition to Motion for Summary Judgment, # 5 Supplement Plaintiff's Evidentiary Objections to Defendant's Evidence in Support of its Motion for Summary Judgment)(Weinstein, Michael) (Entered: 04/18/2016)