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ING Bank, FSB v. Fazah

February 19, 2010

ING BANK, FSB, PLAINTIFF,
v.
RAMON P. FAZAH, DEFENDANT.



STATUS (PRETRIAL SCHEDULING) ORDER

This action was referred to the undersigned under Eastern District of California Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). On January 20, 2010, the case was before the undersigned for a status (pretrial scheduling) conference. Attorney Lawrence A. Callaghan appeared on behalf of plaintiff; defendant appeared pro se. After hearing, and pursuant to the parties' status reports filed January 14 and 15, 2010, the court enters the following scheduling order:

NATURE OF CASE

Plaintiff's amended complaint, filed May 11, 2009, seeks declaratory relief under the Truth in Lending Act ("TILA"), 15 U.S.C. §§ 1601 et seq., and alleges claims for breach of contract and judicial foreclosure as a result of defendant's alleged failure to pay the amounts due on his loan with plaintiff. Dckt. No. 5.

SERVICE OF PROCESS

Service of process is undisputed and defendant has answered.

JOINDER OF PARTIES/AMENDMENTS

No further joinder of parties or amendments to pleadings is permitted except with leave of court, good cause having been shown.

JURISDICTION/VENUE

Jurisdiction and venue are undisputed and are hereby found to be proper.

MOTION HEARING SCHEDULES

All law and motion, except as to discovery, shall be completed by October 27, 2010. The word "completed" in this context means that all law and motion matters must be heard by the above date. Counsel (and/or pro se parties)*fn1 are cautioned to refer to the Local Rules regarding the requirements for noticing such motions on the court's regularly scheduled law and motion calendar. This paragraph does not preclude motions for continuances, temporary restraining orders or other emergency applications, and is subject to any special scheduling set forth in the "MISCELLANEOUS PROVISIONS" paragraph below.

The parties should keep in mind that the purpose of law and motion is to narrow and refine the legal issues raised by the case, and to dispose of by pretrial motion those issues that are susceptible to resolution without trial. To accomplish that purpose, the parties need to identify and fully research the issues presented by the case, and then examine those issues in light of the evidence gleaned through discovery. If it appears to counsel after examining the legal issues and facts that an issue can be resolved by pretrial motion, counsel are to file the appropriate motion by the law and motion cutoff set forth above.

ALL PURELY LEGAL ISSUES ARE TO BE RESOLVED BY TIMELY PRETRIAL MOTION

Counsel are reminded that motions in limine are procedural devices designed to address the ...


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