Case 6:11-ap-01001-SC Doc 13 Filed 03/14/11 Entered 03/14/11 14:54:08 Desc

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FILED & ENTERED

Gary Harre, ESQ. (Bar No. #86398)
1
Global Capital Law
MAR 14 2011
2 8700 Warner Avenue, Suite #200
Fountain Valley, CA 92708
3 CLERK U.S. BANKRUPTCY COURT
Phone: (714) 907-4182 Central District of California
BY zamora DEPUTY CLERK
4 Fax: (714) 907-4175
Attorney for Plaintiff, Brian W Davies
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UNITED STATES BANKRUPTCY COURT
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CENTRAL DISTRICT OF CALIFORNIA
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In re: ) Chapter 7
10 BRIAN W DAVIES, )
11 Debtor. ) Case No.: 10-bk-37900-SC
_______________________________ )
12 BRIAN W DAVIES, ) Case No. : 11-ap-01001-SC
13 )
Plaintiff, )
14 vs. )
15 )
DEUTSCHE BANK NATIONAL ) SCHEDULING AND CASE
16 TRUST COMPANY AS TRUSTEE OF ) MANAGEMENT ORDER
17 THE RESIDENTIAL ASSET )
SECUITIZATION TRUST 2007-A5, )
18 MORTGAGE PASS THROUGH )
19 SERIES 2007-E, UNDER THE )
POOLING AND SERVICING )
20 AGREEMENT DATED MARCH 1, )
21 2007, ITS ASSIGNS AND/OR )
SUCCESSORS IN INTEREST; and all )
22 persons claiming by, through, or under )
such persons, all persons unknown, )
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claiming any legal or equitable right, title, )
24 estate, lien, or interest in the property )
described in the complaint adverse to )
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plaintiff’s title thereto; and DOES 1-150, )
26 Inclusive; )
)
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Defendants. )
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SCHEDULING AND CASE MANAGEMENT ORDER

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1 On March 3, 2011, after the Status Conference hearing on the above captioned
2 matter and after full agreement of the parties to accept the tentative ruling, the Court ruled
3 as follows:
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5 The underlying Chapter 7 case was filed on 8/31/2010. The Adversary Proceeding
6 was filed on January 1, 2011 and the Answer was filed on February 4, 2011. The parties
7 have asserted in their timely filed Status Conference Report that all Rule 7026
8 requirements have been completed.
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10 At the Status Conference hearing, the Court also ruled that:
11 1. All appearances shall be in person and in Courtroom 5C in Santa Ana, California
12 and no telephonic appearances are allowed in the future.
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14 2. All "Motions on the Pleadings" which Plaintiff intends to file in reference to the
15 Third Claim for Relief under 15 U.S.C. § 1461(g), shall be filed by April 5, 2011. The
16 hearing on all motions on the pleadings is scheduled for May 3, 2011 at 1:30 p.m.
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18 3. The discovery cut-off date shall be June 30, 2011. All motions related to discovery
19 shall be concluded by that time. No exceptions will be granted.
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21 4. Any Motions for Summary Judgment or related motions shall be filed no later than
22 July 6, 2011, and all hearings on all Motions for Summary Judgment and related motions
23 shall be heard on August 11, 2011 at 10:00 a.m.
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25 5. The Pre-Trial hearing is scheduled for September 6, 2011 at 1:30 p.m. The
26 proposed Pre-Trial Order shall be prepared and lodged according to the Court's local rules.
27 No unilateral pre-trial orders are acceptable. The Pre-Trial Order shall set out all motions in
28 limine, and all motions in limine shall be filed on or before September 5, 2011.

SCHEDULING AND CASE MANAGEMENT ORDER

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1 5. Trial date is scheduled for September 26, 2011 at 10:00 a.m. No continuances will be
2 granted.
3 IT IS SO ORDERED.
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28 DATED: March 14, 2011
United States Bankruptcy Judge

SCHEDULING AND CASE MANAGEMENT ORDER

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NOTE: When using this form to indicate service of a proposed order, DO NOT list any person or entity in
1 Category I.
Proposed orders do not generate an NEF because only orders that have been entered are placed on the
2 CM/ECF docket.

3
PROOF OF SERVICE OF DOCUMENT
4
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business
5 address is: 8700 Warner Avenue, Suite 200, Fountain Valley, CA 92807

6 A true and correct copy of the foregoing document described as Scheduling and Case Management
Order will be served or was served (a) on the judge in chambers in the form and manner required by LBR
7 5005-2(d); and (b) in the manner indicated below:

8
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) – Pursuant to
9 controlling General Order(s) and Local Bankruptcy Rule(s) (“LBR”), the foregoing document will be served
by the court via NEF and hyperlink to the document. On March 8, 2011, I checked the CM/ECF docket for
10 this bankruptcy case or adversary proceeding and determined that the following person(s) are on the
Electronic Mail Notice List to receive NEF transmission at the email address(es) indicated below:
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II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or entity served):
14 On March 8, 2011, I served the following person(s) and/or entity(ies) at the last known address(es) in this
bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope
15 in the United States Mail, first class, postage prepaid, and/or with an overnight mail service addressed as
follows. Listing the judge here constitutes a declaration that mailing to the judge will be completed no later
16 than 24 hours after the document is filed.
17 Honorable Scott C. Clarkson
411 W. Fourth Street, Suite 5130
18 Santa Ana, CA 92701
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III. SERVED BY PERSONAL DELIVERY, FACSIMILE TRANSMISSION OR EMAIL (indicate method for
21 each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on , I served the following
person(s) and/or entity(ies) by personal delivery, or (for those who consented in writing to such service
22 method), by facsimile transmission and/or email as follows. Listing the judge here constitutes a
declaration that personal delivery on the judge will be completed no later than 24 hours after the
23 document is filed.
24 I declare under penalty of perjury under the laws of the United States of America that the foregoing is true
and correct.
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26 March 8, 2011 Delores Jackson /s/ Delores Jackson
27 Date Type Name Signature
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SCHEDULING AND CASE MANAGEMENT ORDER

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1 NOTE TO USERS OF THIS FORM:

1) Attach this form to the last page of a proposed Order or Judgment. Do not file as a separate document.
2 2) The title of the judgment or order and all service information must be filled in by the party lodging the order.
3) Category I. below: The United States trustee and case trustee (if any) will always be in this category.
3 4) Category II. below: List ONLY addresses for debtor (and attorney), movant (or attorney) and person/entity (or
attorney) who filed an opposition to the requested relief. DO NOT list an address if person/entity is listed in category I.
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5 NOTICE OF ENTERED ORDER AND SERVICE LIST
6 Notice is given by the court that a judgment or order entitled (specify) Scheduling and Case
Management Order was entered on the date indicated as Entered on the first page of this judgment or
7 order and will be served in the manner indicated below:
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I. SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (ANEF@) B Pursuant to controlling
9 General Order(s) and Local Bankruptcy Rule(s), the foregoing document was served on the following
person(s) by the court via NEF and hyperlink to the judgment or order. As of March 8, 2011, the following
10 person(s) are currently on the Electronic Mail Notice List for this bankruptcy case or adversary proceeding
to receive NEF transmission at the email address(es) indicated below.
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12 • Robert L Firth masonlegal@gmail.com
• Gary L Harre ghcmecf@gmail.com
13 • Christopher Hoo choo@millerlaw.biz
• Loraine L Pedowitz lpedowitz@allenmatkins.com
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• Ramesh Singh claims@recoverycorp.com
15 • United States Trustee (RS) ustpregion16.rs.ecf@usdoj.gov
• Patricia J Zimmermann (TR) pjztrustee@aol.com,
16 pzimmermann@ecf.epiqsystems.com
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Service information continued on attached page
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II. SERVED BY THE COURT VIA U.S. MAIL: A copy of this notice and a true copy of this judgment or
19 order was sent by United States Mail, first class, postage prepaid, to the following person(s) and/or
entity(ies) at the address(es) indicated below:
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21 Service information continued on attached page

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III. TO BE SERVED BY THE LODGING PARTY: Within 72 hours after receipt of a copy of this judgment
23 or order which bears an Entered stamp, the party lodging the judgment or order will serve a complete
copy bearing an Entered stamp by U.S. Mail, overnight mail, facsimile transmission or email and file a
24 proof of service of the entered order on the following person(s) and/or entity(ies) at the address(es),
facsimile transmission number(s), and/or email address(es) indicated below:
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Service information continued on attached page
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SCHEDULING AND CASE MANAGEMENT ORDER