Case details

Court: cacd
Docket #: 5:13-cv-01090
Case Name: Julio V Ordonez v. Ocwen Loan Servicing LLC
PACER case #: 564886
Date filed: 2013-06-19
Date terminated: 2014-02-27
Assigned to: Judge John A. Kronstadt
Referred to: Magistrate Judge Oswald Parada
Case Cause: 28:1441 Notice of Removal - Fair Credit Reporting Act
Nature of Suit: 290 Real Property: Other
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Julio C Ordonez
Plaintiff
 
Julio C Ordonez
1370 Oxford Way
Upland, CA 91786
714-519-5662
PRO SE
Ocwen Loan Servicing LLC
Defendant
 
Elizabeth Dolan Scott
Houser and Allison APC
9970 Research Dr
Irvine, CA 92618
949-679-1111
Fax: 949-679-1112
Email: escott@houser-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Eric D Houser
Houser and Allison APC
9970 Research Drive
Irvine, CA 92618
949-679-1111
Fax: 949-679-1112
Email: scleere@houser-law.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-06-19 1 0 NOTICE OF REMOVAL from San Bernardino County Superior Court, Rancho Cucamonga, case number SMCRS1301306 with copy of summons and complaint filed by defendant Ocwen Loan Servicing LLC. Case assigned to Judge Jesus G. Bernal, Discovery to Magistrate Judge Oswald Parada. (Filing fee $400)(ad) (Additional attachment(s) added on 6/24/2013: # 1 Civil Cover Sheet (CV-71), # 2 Notice of Assignment (CV-18)) (ad). (Entered: 06/24/2013)
2013-06-19 2 0 CERTIFICATE of Interested Parties filed by defendant Ocwen Loan Servicing LLC. (ad) (ad). (Entered: 06/24/2013)
2013-06-24 3 0 NOTICE OF REASSIGNMENT of Eastern Division Removal Case. Pursuant to the procedure adopted by the Court, the above entitled case has been returned to the Clerk for random reassignment. This case has been randomly reassigned to Judge John A. Kronstadt for all further proceedings. Case number will now read EDCV13-1090 JAK(OPx). (ad) (Entered: 06/24/2013)
2013-06-24 4 0 CERTIFICATE OF SERVICE filed by Defendant Ocwen Loan Servicing LLC, re Notice of Removal, 1 served on 6/20/13. (Scott, Elizabeth) (Entered: 06/24/2013)
2013-07-01 5 0 (IN CHAMBERS) ORDER REGARDING TRANSFER OF CASE TO JUDGE JOHN A. KRONSTADT by Judge John A. Kronstadt: This action has been reassigned to the Honorable John A. Kronstadt, United States District Judge. The case number will now read: ED CV13-01090 JAK (OPx). Because all pleadings are routed using the judges initials, please be sure to use the initials JAK in place of the initials JGB on all future filings. Judge Kronstadts Courtroom Deputy Clerk, Andrea Keifer, can be reached at 213.894.2156 or at andrea_keifer@cacd.uscourts.gov. 3 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 07/01/2013)
2013-07-01 6 0 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT by Judge John A Kronstadt: Please read this Order carefully. It governs this case and differs in some respect from the Local Rules. The Initial Standing Order can also be found on the Court's Website under Judge Kronstadt's Procedures and Schedules, which is always the most recent and updated version. (ake) (Entered: 07/01/2013)
2013-07-01 7 0 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE by Judge John A Kronstadt: The Scheduling Conference is set for September 23, 2013 at 1:30 pm, with the Joint Report, which shall include the completed Schedule of Pretrial and Trial Dates, to be filed no later than September 13, 2013. (Attachments: # 1 Schedule) (ake) (Entered: 07/01/2013)
2013-07-08 8 0 NOTICE OF MOTION AND MOTION to Dismiss Case Complaint filed by Defendant Ocwen Loan Servicing LLC. Motion set for hearing on 9/30/2013 at 08:30 AM before Judge John A. Kronstadt. (Scott, Elizabeth) (Entered: 07/08/2013)
2013-07-08 9 0 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case Complaint 8 filed by Defendant Ocwen Loan Servicing LLC. (Scott, Elizabeth) (Entered: 07/08/2013)
2013-07-09 10 0 (IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO DISMISS (DKT. 8) AND SCHEDULING CONFERENCE by Judge John A Kronstadt: The Court, on its own motion, continues Defendant's Motion from September 30, 2013 to October 7, 2013 at 8:30 a.m. The Scheduling Conference is also continued from September 23, 2013 to October 7, 2013 at 8:30 a.m. so that both matters can be heard on the same date and time. The parties' joint report shall be filed no later than September 27, 2013. 8 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(ake) TEXT ONLY ENTRY (Entered: 07/09/2013)
2013-07-30 11 0 MINUTE ORDER IN CHAMBERS: MINUTE ORDER IN CHAMBERS: (IN CHAMBERS) ORDER RE PILOT PROGRAM FOR UNDER SEAL DOCUMENTS by Judge John A. Kronstadt: This Court is participating in a pilot program regarding the submission of sealed documents. Effective July 8, 2013, all proposed sealed documents must be submitted via email to the Judge's Chambers' email at: jak_chambers@cacd.uscourts.gov consistent with this Order. (dv) (Entered: 07/26/2013) (kd) (Entered: 07/30/2013)
2013-09-10 12 0 NOTICE OF DISCREPANCY AND ORDER: by Judge John A. Kronstadt, ORDERING First Amended Complaint submitted by Plaintiff Julio C Ordonez received on 9/3/2013 is not to be filed but instead rejected. Denial based on: Does not comply with Rule 15. (rne) (Entered: 09/10/2013)
2013-10-01 13 0 STIPULATION for Leave to File First Amended Complaint filed by Defendant Ocwen Loan Servicing LLC.(Scott, Elizabeth) (Entered: 10/01/2013)
2013-10-03 14 0 OPPOSITION to Motion to Dismiss Case Complaint 8 filed by Plaintiff Julio C Ordonez. (ir) (Entered: 10/04/2013)
2013-10-07 15 0 MINUTES OF DEFENDANT'S MOTION TO DISMISS (DKT.8) SCHEDULING CONFERENCE held before Judge John A. Kronstad. The Court grants the parties' Stipulation for Filing of First Amended Complaint (Dkt. 13). Defendant's Motion to Dismiss is therefore MOOT. Plaintiff shall file the Amended Complaint on or before October 28, 2013. The Court reminds Plaintiff that failure to file by that date may result in dismissal for failure to follow Court orders. The parties are reminded to file such a stipulation with a proposed order earlier, if possible, in the future so as to save time and resources. The scheduling conference is held. The Court confers with counsel regarding the status of the case and sets the following deadlines: 10/28/2013. Last day to amend or add parties. 3/28/2014. Expert Discovery Cut-Off. 4/7/2014. Last Day to hear motions. 5/11/2014 03:00 PM; Final Pretrial Conference/Motions in Limine. 6/3/2014 09:00 AM; Jury Trial (est. tbd days). 11/18/2013 01:30 PM; Status Conference re Settlement. 5/30/2014 03:00 PM; Status Conference re Exhibits. Court Reporter: Alex Joko. (bp) (Entered: 10/09/2013)
2013-10-14 16 0 ORDER ON COURT/JURY TRIAL by Judge John A Kronstadt: The Court sets the following trial dates: Jury Trial - June 3, 2014 at 9:00 a.m.; Status Conference re Exhibits - May 30, 2014 at 3:00 p.m.; and Final Pretrial Conference - May 11, 2014 at 3:00 p.m. Counsel for all parties shall comply with this Courts standing orders with respect to documents to be prepared and filed in connection with the Final Pretrial Conference. (ake) (Entered: 10/14/2013)
2013-10-28 17 0 FIRST AMENDED COMPLAINT against Defendant Ocwen Loan Servicing LLC amending Notice of Removal, 1 ; JURY DEMAND, filed by Plaintiff Julio C Ordonez (shb) (Entered: 10/30/2013)
2013-10-28 18 0 DEMAND for Jury Trial filed by Plaintiff Julio C Ordonez.. (shb) (Entered: 10/30/2013)
2013-11-13 19 0 STATEMENT Status Conference re: Settlement filed by Defendant Ocwen Loan Servicing LLC (Scott, Elizabeth) (Entered: 11/13/2013)
2013-11-17 20 0 (IN CHAMBERS) ORDER TAKING NOVEMBER 18, 2013 STATUS CONFERENCE RE SETTLEMENT OFF CALENDAR by Judge John A Kronstadt: The Court has reviewed the Defendant's Status Conference Statement re Settlement (Dkt. 19) and takes the November 18, 2013 Status Conference off calendar. The parties shall be prepared to discuss their settlement efforts at the May 11, 2014 Final Pretrial Conference. 19 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 11/17/2013)
2013-11-18 21 0 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Ocwen Loan Servicing LLC. Motion set for hearing on 2/3/2014 at 08:30 AM before Judge John A. Kronstadt. (Scott, Elizabeth) (Entered: 11/18/2013)
2013-11-20 22 0 (IN CHAMBERS) ORDER CONTINUING DEFENDANT'S MOTION TO DISMISS (DKT. 21) by Judge John A Kronstadt: The Court, on its own motion, continues Defendant's Motion from February 3, 2014 to February 10, 2014 at 8:30 a.m. Counsel shall refer to the Court's Standing Order with respect to briefing. 21 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ake) TEXT ONLY ENTRY (Entered: 11/20/2013)
2014-01-27 23 0 (IN CHAMBERS) ORDER RE OPPOSITION TO DEFENDANTS MOTION TO DISMISS (DKT. 21) by Judge John A Kronstadt: Pursuant to Local Rules 6-1 and 7-9 and this Courts Standing Orders (p. 6, 9(b)), a response to the Motion was to have been filed. The Court directs Plaintiff to file an opposition no later than January 28, 2014 at 5pm. Additionally, Plaintiff shall file a separate request by January 28, 2014 at 5pm, which shall explain the reason why the opposition was not filed timely and why the Court should accept the late-filed opposition. The Court will determine whether the request will be granted at the hearing or in its ruling should it determine that a hearing is not necessary. If the opposition and request are filed in accordance with this Order, Defendant shall file a reply by February 4, 2014. If the opposition and request are not filed by January 28, 2014 at 5pm, the Court will deem the Motion unopposed and the Court will make its determination upon the papers that have been submitted. Defendant's counsel is directed to notify Plaintiff of this order by phone by 5pm today and file a proof of service with respect to such notice. 21 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc3, ) TEXT ONLY ENTRY (Entered: 01/27/2014)
2014-01-27 24 0 (IN CHAMBERS) AMENDED ORDER RE OPPOSITION TO DEFENDANT'S MOTION TO DISMISS (Dkt. 21) by Judge John A. Kronstadt. Pursuant to Local Rules 6-1 and 7-9 and this Court's Standing Orders (p. 6, 9(b)), a response to the Motion was to have been filed. Additionally, Defendant's Motion to Dismiss (Dkt. 21) states that Defendant filed a Request for Judicial Notice concurrently with the Motion. However, Defendant has not filed this Request or the relevant exhibits on the docket. Defendant shall file an amended motion with an attached Request for Judicial Notice and exhibits, as well as a proof of service showing that the Request and exhibits were previously served on Plaintiff when the Motion was filed, by 5pm today. If the Request and exhibits were not served on Plaintiff when the initial Motion was filed, Defendant shall serve Plaintiff by email at the address noted on the Complaint by 5pm today and by personal service with delivery to be completed by January 28, 2014 at 12pm. Plaintiff's opposition to the Motion shall be filed no later than January 30, 2014 at 5pm. Additionally, Plaintiff shall file a separate request by January 30, 2014 at 5pm, which shall explain the reason why the opposition was not filed timely and why the Court should accept the late-filed opposition. The Court will determine whether the request will be granted at the hearing or in its ruling should it determine that a hearing is not necessary. If the opposition and request are filed in accordance with this Order, Defendant shall file a reply by February 4, 2014. If the opposition and request are not filed by January 30, 2014 at 5pm, the Court will deem the Motion unopposed and the Court will make its determination upon the papers that have been submitted. Defendant's counsel is directed to notify Plaintiff of this order by phone and email at the address noted on the complaint by 5pm today and file a proof of service with respect to such notice. 21 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc3, ) TEXT ONLY ENTRY (Entered: 01/27/2014)
2014-01-27 25 0 DECLARATION re Text Only Scheduling Notice,,,, 23 as Proof of Service of Order filed by Defendant Ocwen Loan Servicing LLC. (Scott, Elizabeth) (Entered: 01/27/2014)
2014-01-27 26 0 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 21 filed by Defendant Ocwen Loan Servicing LLC. (Scott, Elizabeth) (Entered: 01/27/2014)
2014-01-28 27 0 OPPOSITION TO MOTION to Dismiss Case 21 filed by Plaintiff Julio C Ordonez. (shb) (Entered: 01/29/2014) 2014-02-08 03:29:17 119fddbcf1f844bd7dbedfe509aa68ffdbcffbb7
2014-02-04 28 0 REPLY in support of MOTION to Dismiss Case 21 filed by Defendant Ocwen Loan Servicing LLC. (Scott, Elizabeth) (Entered: 02/04/2014)
2014-02-06 29 0 (IN CHAMBERS) ORDER TAKING DEFENDANTS MOTION TO DISMISS (the "Motion") (Dkt. 21) UNDER SUBMISSION by Judge John A Kronstadt: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the above-referenced motion, noticed for hearing on February 10, 2014, has been taken under submission and off the motion calendar. No appearance by counsel is necessary. Counsel shall give telephonic notice of this Order to pro se plaintiff by the close of business February 6, 2014. 21 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jaklc2, ) TEXT ONLY ENTRY (Entered: 02/06/2014)
2014-02-10 30 0 MINUTES (IN CHAMBERS): ORDER re Motion to Dismiss Case 21 by Judge John A. Kronstadt: For the foregoing reasons, the Court GRANTS the Motion. However, Plaintiff is granted leave to amend his second and third causes of action subject to the conditions stated in this Order. As noted, any amended pleading must be filed on or before February 21, 2014. A failure to do so will result in the dismissal of this action with prejudice. IT IS SO ORDERED. (See order for details.) (kti) (Entered: 02/10/2014) 2014-02-16 23:20:26 44fdf15996311fa9709560629b4750473db0b8b2
2014-02-27 31 0 MINUTE ORDER IN CHAMBERS by Judge John A. Kronstadt: On February 10, 2014, the Court granted Defendants motion to dismiss Plaintiffs first amended complaint. 30 . Plaintiff was granted leave to amend as to his second and third causes of action. However, the order provided that any amended pleading was to be filed on or before February 21, 2014, and that a failure to do so would result in dismissal of the action with prejudice. Plaintiff did not timely file an amended complaint as ordered. The action is therefore DISMISSED with prejudice provided, however, that this Order is stayed for one week. It will become final unless, on or before March 5, 2014, Plaintiff files a declaration as to why the amended complaint was not timely filed and attaches a proposed amended complaint. IT IS SO ORDERED. (Case Terminated. Made JS-6.) (kti) (Entered: 02/27/2014)