United States Government Publishing Office publisher pbl distributor dst United States United States District Court Northern District of California author aut Government Organization text government publication eng USCOURTS Judicial Publications judicial 2020-01-24 Administrative Office of the United States Courts 2019-05-24 monographic deposited born digital JU 4.15 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927 P0b002ee1a55262dc DGPO 2020-01-24 2020-01-24 USCOURTS-cand-5_13-cv-05927 machine generated eng fdlp USCOURTS USCOURTS-cand-5_13-cv-05927 District cand 9th California 2062 5:13-cv-05927 San Jose civil 190 Other Contract Actions 28:1332 Diversity-Other Contract 5:13-cv-05927 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927 JU 4.15 5:13-cv-05927;13-5927 United States District Court Northern District of California 9th Circuit San Jose U.S. Courts author aut Zela Claiborne Claiborne Zela Mediator Flagstar Bank, FSB Flagstar Bank, FSB Defendant Lisa Strugala Strugala Lisa Plaintiff USCOURTS USCOURTS-cand-5_13-cv-05927 District cand 9th California 2062 5:13-cv-05927 San Jose civil 190 Other Contract Actions 28:1332 Diversity-Other Contract California ORDER VACATING CASE MANAGEMENT CONFERENCE. In light of the pending Motion to Dismiss, the court finds that a conference is premature at this time and hereby VACATES the 4/25/2014 conference. The Court shall set a Case Management Conference, if necessary, in its order on Defendant's Motion to Dismiss. Signed by Judge Edward J. Davila on 4/21/2014. Signed by Judge Edward J. Davila on 4/21/2014. (ecg, COURT STAFF) (Filed on 4/22/2014) 0 2014-04-22 D09002ee1a5625b7b https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-0 cand-5_13-cv-05927_0.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-0 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-0.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-0 0 2014-04-22 ORDER VACATING CASE MANAGEMENT CONFERENCE. In light of the pending Motion to Dismiss, the court finds that a conference is premature at this time and hereby VACATES the 4/25/2014 conference. The Court shall set a Case Management Conference, if necessary, in its order on Defendant's Motion to Dismiss. Signed by Judge Edward J. Davila on 4/21/2014. Signed by Judge Edward J. Davila on 4/21/2014. (ecg, COURT STAFF) (Filed on 4/22/2014) ORDER RE: ATTENDANCE AT MEDIATION. Signed by Judge Maria-Elena James on 9/11/2014. (cdnS, COURT STAFF) (Filed on 9/11/2014) 1 2014-09-11 D09002ee1a5625b7d https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-1 cand-5_13-cv-05927_1.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-1 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-1.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-1 1 2014-09-11 ORDER RE: ATTENDANCE AT MEDIATION. Signed by Judge Maria-Elena James on 9/11/2014. (cdnS, COURT STAFF) (Filed on 9/11/2014) ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Having reviewed the parties' joint statement filed on October 24, 2014, the court finds that a Status Conference is unnecessary at this time. Joint Case Management Statement due by 11/26/2014. Case Management Conference set for 12/5/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 10/27/2014. (ecg, COURT STAFF) (Filed on 10/27/2014) 2 2014-10-27 D09002ee1a5625b7f https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-2 cand-5_13-cv-05927_2.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-2 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-2.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-2 2 2014-10-27 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Having reviewed the parties' joint statement filed on October 24, 2014, the court finds that a Status Conference is unnecessary at this time. Joint Case Management Statement due by 11/26/2014. Case Management Conference set for 12/5/2014 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 10/27/2014. (ecg, COURT STAFF) (Filed on 10/27/2014) ORDER CONTINUING STATUS CONFERENCE. On or before 12/19/2014, the parties shall schedule the session and shall file, by that same date, a Notice which provides to the court the date of the next session and the identity of the mediator. Joint Case Management Statement due by 3/5/2015. Case Management Conference set for 3/12/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Absent a completed agreement to settle this action, the stay entered on September 23, 2014, will be dissolved on that date and the court will re-impose case management deadlines. Please see Order for further specifics. Signed by Judge Edward J. Davila on 12/1/2014. (ecg, COURT STAFF) (Filed on 12/1/2014) 3 2014-12-01 D09002ee1a5625304 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-3 cand-5_13-cv-05927_3.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-3 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-3.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-3 3 2014-12-01 ORDER CONTINUING STATUS CONFERENCE. On or before 12/19/2014, the parties shall schedule the session and shall file, by that same date, a Notice which provides to the court the date of the next session and the identity of the mediator. Joint Case Management Statement due by 3/5/2015. Case Management Conference set for 3/12/2015 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Absent a completed agreement to settle this action, the stay entered on September 23, 2014, will be dissolved on that date and the court will re-impose case management deadlines. Please see Order for further specifics. Signed by Judge Edward J. Davila on 12/1/2014. (ecg, COURT STAFF) (Filed on 12/1/2014) ndicates whether, and when, this action may be finally settled. Signed by Judge Edward J. Davila on 12/22/2014. (ecg, COURT STAFF) (Filed on 12/22/2014) Modified text on 12/29/2014 (ecg, COURT STAFF).ORDER RE: SETTLEMENT STATUS. In light of the fact that the parties are now in direct discussions, the parties shall file a joint statement on or before January 9, 2015, which updates the court on the progress of their settlement discussions and i 4 2014-12-22 D09002ee1a5625b79 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-4 cand-5_13-cv-05927_4.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-4 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-4.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-4 4 2014-12-22 ndicates whether, and when, this action may be finally settled. Signed by Judge Edward J. Davila on 12/22/2014. (ecg, COURT STAFF) (Filed on 12/22/2014) Modified text on 12/29/2014 (ecg, COURT STAFF).ORDER RE: SETTLEMENT STATUS. In light of the fact that the parties are now in direct discussions, the parties shall file a joint statement on or before January 9, 2015, which updates the court on the progress of their settlement discussions and i SECOND ORDER RE SETTLEMENT STATUS re 47 Status Report filed by Flagstar Bank, FSB. Having reviewed the parties' Status Report filed on January 9, 2015, and in light of their request for additional time to report whether or not they have reached an agreement in principle, the parties shall file a joint statement on or before January 30, 2015, which updates the court on the progress of their settlement discussions and indicates whether, and when, this action may be finally settled. Signed by Judge Edward J. Davila on 1/12/2015.(ecg, COURT STAFF) (Filed on 1/12/2015) 5 2015-01-12 D09002ee1a5625b7a https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-5 cand-5_13-cv-05927_5.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-5 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-5.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-5 5 2015-01-12 SECOND ORDER RE SETTLEMENT STATUS re 47 Status Report filed by Flagstar Bank, FSB. Having reviewed the parties' Status Report filed on January 9, 2015, and in light of their request for additional time to report whether or not they have reached an agreement in principle, the parties shall file a joint statement on or before January 30, 2015, which updates the court on the progress of their settlement discussions and indicates whether, and when, this action may be finally settled. Signed by Judge Edward J. Davila on 1/12/2015.(ecg, COURT STAFF) (Filed on 1/12/2015) THIRD ORDER RE SETTLEMENT STATUS RE 49 Status Report filed by Flagstar Bank, FSB. On or before February 16, 2015, the parties shall file an updated joint statement which indicates whether or not they have reached an agreement in principle to settle. The Case Management Conference currently scheduled for March 12, 2015, shall remain as presently set and will not be continued further, even if settlement negotiations are continuing. Accordingly, unless a Notice of Settlement is filed, the parties shall file a Joint Case Management Statement on or before March 5, 2015, which contains, inter alia, a proposed schedule for this action. Signed by Judge Edward J. Davila on 2/3/2015. (ecg, COURT STAFF) (Filed on 2/3/2015) 6 2015-02-03 D09002ee1a5625bbb https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-6 cand-5_13-cv-05927_6.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-6 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-6.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-6 6 2015-02-03 THIRD ORDER RE SETTLEMENT STATUS RE 49 Status Report filed by Flagstar Bank, FSB. On or before February 16, 2015, the parties shall file an updated joint statement which indicates whether or not they have reached an agreement in principle to settle. The Case Management Conference currently scheduled for March 12, 2015, shall remain as presently set and will not be continued further, even if settlement negotiations are continuing. Accordingly, unless a Notice of Settlement is filed, the parties shall file a Joint Case Management Statement on or before March 5, 2015, which contains, inter alia, a proposed schedule for this action. Signed by Judge Edward J. Davila on 2/3/2015. (ecg, COURT STAFF) (Filed on 2/3/2015) ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Defendant shall file the anticipated Motion to Dismiss discussed in the statement on or before March 31, 2015, and shall notice the motion for hearing at 9:00 a.m. on May 21, 2015. The Case Management Conference currently scheduled for March 12, 2015, is CONTINUED to 10:00 a.m. on July 2, 2015. The parties shall file an updated Joint Case Management Conference Statement on or before June 25, 2015. Signed by Judge Edward J. Davila on 3/9/2015. (ecg, COURT STAFF) (Filed on 3/9/2015) 7 2015-03-09 D09002ee1a5625302 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-7 cand-5_13-cv-05927_7.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-7 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-7.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-7 7 2015-03-09 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Defendant shall file the anticipated Motion to Dismiss discussed in the statement on or before March 31, 2015, and shall notice the motion for hearing at 9:00 a.m. on May 21, 2015. The Case Management Conference currently scheduled for March 12, 2015, is CONTINUED to 10:00 a.m. on July 2, 2015. The parties shall file an updated Joint Case Management Conference Statement on or before June 25, 2015. Signed by Judge Edward J. Davila on 3/9/2015. (ecg, COURT STAFF) (Filed on 3/9/2015) ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The court finds that a scheduling conference is premature at this time. Accordingly, the Case Management Conference scheduled for July 2, 2015, is CONTINUED to 10:00 a.m. on September 3, 2015. The parties shall file an updated Joint Case Management Conference Statement on or before August 27, 2015. Joint Case Management Statement due by 8/27/2015. Case Management Conference set for 9/3/2015 10:00AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 6/29/2015. (ecg, COURT STAFF) (Filed on 6/29/2015) 8 2015-06-29 D09002ee1a5625b78 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-8 cand-5_13-cv-05927_8.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-8 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-8.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-8 8 2015-06-29 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The court finds that a scheduling conference is premature at this time. Accordingly, the Case Management Conference scheduled for July 2, 2015, is CONTINUED to 10:00 a.m. on September 3, 2015. The parties shall file an updated Joint Case Management Conference Statement on or before August 27, 2015. Joint Case Management Statement due by 8/27/2015. Case Management Conference set for 9/3/2015 10:00AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Judge Edward J. Davila on 6/29/2015. (ecg, COURT STAFF) (Filed on 6/29/2015) ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The court finds that a scheduling conference is premature at this time. Accordingly, the Case Management Conference scheduled for 9/3/2015, is CONTINUED to 10:00 a.m. on 11/19/2015. The parties shall file an updated Joint Case Management Conference Statement on or before 11/12/2015. Signed by Judge Edward J. Davila on 8/31/2015. (ecg, COURT STAFF) (Filed on 8/31/2015) 9 2015-08-31 D09002ee1a5625b7e https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-9 cand-5_13-cv-05927_9.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-9 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-9.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-9 9 2015-08-31 ORDER CONTINUING CASE MANAGEMENT CONFERENCE. The court finds that a scheduling conference is premature at this time. Accordingly, the Case Management Conference scheduled for 9/3/2015, is CONTINUED to 10:00 a.m. on 11/19/2015. The parties shall file an updated Joint Case Management Conference Statement on or before 11/12/2015. Signed by Judge Edward J. Davila on 8/31/2015. (ecg, COURT STAFF) (Filed on 8/31/2015) ORDER granting in part and denying in part 55 Motion to Dismiss. This action is otherwise STAYED. The clerk shall ADMINISTRATIVELY CLOSE this file. Strugala shall submit a brief Status Report which describes the status of proceedings before the IRS on 3/6/2016 and continuing every six months thereafter. Furthermore, within 10 days of obtaining an official opinion from the IRS, Strugala shall file a Notice informing the court of such development and request that this matter be reopened and that a Case Management Conference be scheduled. The Case Management Conference scheduled for 11/19/2015 is VACATED. Signed by Judge Edward J. Davila on 9/4/2015. (ejdlc1S, COURT STAFF) (Filed on 9/4/2015) 10 2015-09-04 D09002ee1a5625b81 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-10 cand-5_13-cv-05927_10.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-10 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-10.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-10 10 2015-09-04 ORDER granting in part and denying in part 55 Motion to Dismiss. This action is otherwise STAYED. The clerk shall ADMINISTRATIVELY CLOSE this file. Strugala shall submit a brief Status Report which describes the status of proceedings before the IRS on 3/6/2016 and continuing every six months thereafter. Furthermore, within 10 days of obtaining an official opinion from the IRS, Strugala shall file a Notice informing the court of such development and request that this matter be reopened and that a Case Management Conference be scheduled. The Case Management Conference scheduled for 11/19/2015 is VACATED. Signed by Judge Edward J. Davila on 9/4/2015. (ejdlc1S, COURT STAFF) (Filed on 9/4/2015) ORDER GRANTING IN PART AND DENYING IN PART 85 DEFENDANT'S MOTION TO DISMISS. Signed by Judge Edward J. Davila on 9/1/2017. The 9/7/2017 hearing is VACATED. No appearance necessary. (ejdlc2S, COURT STAFF) (Filed on 9/1/2017) 11 2017-09-01 D09002ee1a5625b7c https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-11 cand-5_13-cv-05927_11.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-11 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-11.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-11 11 2017-09-01 ORDER GRANTING IN PART AND DENYING IN PART 85 DEFENDANT'S MOTION TO DISMISS. Signed by Judge Edward J. Davila on 9/1/2017. The 9/7/2017 hearing is VACATED. No appearance necessary. (ejdlc2S, COURT STAFF) (Filed on 9/1/2017) ORDER RE: STATUS REPORT. Signed by Judge Edward J. Davila on 11/27/2017. (ejdlc2S, COURT STAFF) (Filed on 11/27/2017) 12 2017-11-27 D09002ee1a5625b80 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-12 cand-5_13-cv-05927_12.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-12 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-12.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-12 12 2017-11-27 ORDER RE: STATUS REPORT. Signed by Judge Edward J. Davila on 11/27/2017. (ejdlc2S, COURT STAFF) (Filed on 11/27/2017) 26, 2019. Signed by Judge Edward J. Davila on 5/24/2019. (ejdlc2S, COURT STAFF) (Filed on 5/24/2019)ORDER Granting in Part and Denying in Part 102 Defendant's Motion to Dismiss. The Parties Shall Appear for a Case Management Conference on September 5, 2019. The Parties Shall File an Updated Case Management Statement on or Before August 13 2019-05-24 D09002ee1a5625303 https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-13 cand-5_13-cv-05927_13.pdf https://www.govinfo.gov/app/details/USCOURTS-cand-5_13-cv-05927/USCOURTS-cand-5_13-cv-05927-13 https://www.govinfo.gov/content/pkg/USCOURTS-cand-5_13-cv-05927/pdf/USCOURTS-cand-5_13-cv-05927-13.pdf USCOURTS 5:13-cv-05927; Strugala v. Flagstar Bank, FSB; United States District Court Northern District of California California USCOURTS-cand-5_13-cv-05927-13 13 2019-05-24 26, 2019. Signed by Judge Edward J. Davila on 5/24/2019. (ejdlc2S, COURT STAFF) (Filed on 5/24/2019)ORDER Granting in Part and Denying in Part 102 Defendant's Motion to Dismiss. The Parties Shall Appear for a Case Management Conference on September 5, 2019. The Parties Shall File an Updated Case Management Statement on or Before August