united states district court, central … · 4/10/2011 · on july 8, 2009 binds not only chase...

(AJWx), APPEAL, CLOSED, DISCOVERY

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA(Western Division − Los Angeles)

CIVIL DOCKET FOR CASE #: 2:09−cv−04589−AHM −AJW

Paul Nguyen et al v. Chase Bank USA, N.A. et alAssigned to: Judge A. Howard MatzReferred to: Magistrate Judge Andrew J. WistrichCase in other court: 9th CCA, 10−56612Cause: 15:1601 Truth in Lending

Date Filed: 06/25/2009Date Terminated: 09/15/2010Jury Demand: PlaintiffNature of Suit: 371 Truth in LendingJurisdiction: Federal Question

PlaintiffPaul Nguyen represented by Paul Nguyen

16141 Quartz StreetWestminster, CA 92683714−360−7602Email: [email protected] SE

PlaintiffLaura Nguyenan individual

represented by Laura Nguyen16141 Quartz StreetWestminster, CA 92683714−360−7602Email: [email protected] SE

V.DefendantChase Bank USA, N.A. represented by S Christopher Yoo

AlvaradoSmith APC1 MacArthur Place Suite 200Santa Ana, CA 92707714−852−6800Fax: 714−852−6899Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

DefendantChase Home Finance, LLC represented by S Christopher Yoo

(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

DefendantFirst American Loanstar TrusteeServices

represented by Christina Danielle RoviraWright Finlay &Zak LLP4665 MacArthur Court Suite 280Newport Beach, CA 92660949−477−5050Fax: 949−477−9200Email: [email protected]: 08/25/2010LEAD ATTORNEYATTORNEY TO BE NOTICED

T Robert Finlay

Case: 2:09-cv-04589-AHM -AJW As of: 10/04/2011 01:32 AM PDT 1 of 21

Wright Finlay and Zak LLP4665 MacArthur Court Suite 280Newport Beach, CA 92660949−477−5050Fax: 949−477−9200Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

DefendantFidelity National Title CompanyTERMINATED: 11/23/2009

DefendantDoes1 through 50, inclusiveTERMINATED: 01/11/2010

DefendantJoseph Son Cao TranTERMINATED: 08/20/2010also known asDoe 1TERMINATED: 08/20/2010

represented by Kermit David MarshKermit D Marsh Law Offices9550 Warner Avenue Suite 250Fountain Valley, CA 92708714−593−2321Fax: 714−593−2399Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

DefendantSydney Funding and Realty IncTERMINATED: 09/24/2009also known asDoe 2TERMINATED: 09/24/2009

represented by Martin J KaufmanLee and Kaufman633 W 5th Street 51st FlLos Angeles, CA 90071213−239−9400Fax: 213−239−9409Email: [email protected] ATTORNEYATTORNEY TO BE NOTICED

DefendantSidney TranTERMINATED: 09/24/2009also known asDoe 3TERMINATED: 09/24/2009

represented by Martin J Kaufman(See above for address)LEAD ATTORNEYATTORNEY TO BE NOTICED

DefendantNexus Escrow IncTERMINATED: 09/24/2009also known asDoe 4TERMINATED: 09/24/2009


DefendantJohn NguyenTERMINATED: 09/24/2009also known asDoe 5TERMINATED: 09/24/2009



DefendantRalty Savers IncTERMINATED: 08/05/2009

DefendantPaul Tuan Nguyenan IndividualTERMINATED: 08/05/2009

Date Filed # Docket Text

06/25/2009 1 COMPLAINT against Defendants Chase Bank USA, N.A., Chase Home Finance,LLC, First American Loanstar Trustee Services, Fidelity National Title Company,Does 1 through 50, inclusive. (Filing fee $ 350 PAID.) Jury Demanded., filed byPlaintiffs Paul Nguyen, Laura Nguyen. (Attachments: # 1 CV−18 Notice ofAssignment to U.S. Magistrate Judge for discovery, # 2 Summons, # 3 Civil CoverSheet). (et) (Entered: 06/26/2009)

06/25/2009 20 DAY Summons Issued re Complaint − (Discovery) 1 as to Defendants ChaseBank USA, N.A., Chase Home Finance, LLC, First American Loanstar TrusteeServices, Fidelity National Title Company, Does 1 through 50, inclusive. (et)(Entered: 06/26/2009)

06/25/2009 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs PaulNguyen, Laura Nguyen. (et) (Entered: 06/26/2009)

06/29/2009 3 ORDER RETURNING CASE FOR REASSIGNMENT by Judge Consuelo B.Marshall. ORDER case returned to the Clerk for random reassignment pursuant toGeneral Order 08−05. Case randomly reassigned from Judge Consuelo B. Marshallto Judge A. Howard Matz for all further proceedings. The case number will nowreflect the initials of the transferee Judge CV 09−04589 AHM (AJWx). (rn)(Entered: 06/29/2009)

06/29/2009 5 EX PARTE APPLICATION for Temporary Restraining Order and Order to ShowCause re Preliminary Injunction; Memorandum of Points and Authorities;Declaration filed by Plaintiffs Paul Nguyen, Laura Nguyen. Lodged [Prop]Order.(lom) (Entered: 06/30/2009)

06/29/2009 6 NOTICE of Pendency of Action filed by Plaintiffs Paul Nguyen, Laura Nguyen.(lom) (Entered: 06/30/2009)

06/30/2009 4 MINUTES IN CHAMBERS before Judge A. Howard Matz: Plaintiffs are thereforeORDERED to file declarations establishing that they diligently attempted to informDefendants of the pending Application and that this action has been assigned tothis Court. The declaration should also state whether defendants intend to file anopposition to the Application. The declarations must be filed not laterthan7/7/2009. (jp) (Entered: 06/30/2009)

07/01/2009 7 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TOJUDGE MATZ: Counsel for plaintiff shall serve this Order on all defendant and/ortheir counsel along with the summons and complaint, or if that is not practicable assoon as possible thereafter. If this case was assigned to this Court after beingremoved from State Court, the defendant who removed the case shall serve thisOrder on all other parties. This case has been assigned to the calendar of Judge A.Howard Matz (see document for further details). All documents which are requiredto be filed in an electronic format pursuant to General Order No. 08−02 must befiled electronically no later than midnight on the date due, unless otherwise orderedby the Court. Courtesy copies are required for all e−filed documents and must bedelivered to the drop box in the entrance way to chambers, to the left of Courtroom14, located at 312 N. Spring Street, Spring Street level, no later than noon thefollowing business day. (jp) (Entered: 07/02/2009)

07/06/2009 8 PROOF OF SERVICE Executed by Plaintiffs Paul Nguyen, Laura Nguyen, uponDefendants Chase Bank USA, N.A; Chase Home Finance, LLC; Fidelity National


Title Company served on 6/29/2009, answer due 7/19/2009. The Summons andComplaint were served by Pesonal service, by State statute, upon CT CorporationSystem. Due Dilligence declaration NOT attached. Original SummonsRETURNED. (jp) (Entered: 07/07/2009)

07/06/2009 9 PROOF OF SERVICE Executed by Plaintiffs Paul Nguyen, Laura Nguyen, uponFirst American Loanstar Trustee Services served on 6/29/2009, answer due7/19/2009. The Summons and Complaint were served by Personal service, by Statestatute, upon Timothy P. Sullivan, VP Counsel for defendant. Due Dilligencedeclaration NOT attached. Original Summons RETURNED. (jp) (Entered:07/07/2009)

07/06/2009 10 DECLARATION of PAUL NGUYEN re Notice and Service of Plaintiff's EXPARTE APPLICATION for Temporary Restraining Order and Order to ShowCause re Preliminary Injunction 5 filed by Plaintiff Paul Nguyen. (jp) (Entered:07/07/2009)

07/06/2009 11 DOE AMENDMENTS TO COMPLAINT 1 filed by Plaintiffs Paul Nguyen, LauraNguyen, being ignorant of the true name of the defendant and subsequently havingdiscovered the true name of said defendant, hereby amend their complaint byinserting the true name in the place and stead of such fictitious name wherever theyappear in the complaint as follows: Doe 1: Joseph Son Cao Tran; Doe 2: SydneyFunding and Realty Inc; Doe 3: Sidney Tran; Doe 4: Nexus Escrow inc; Doe 5:John Nguyen. (jp) (Entered: 07/07/2009)

07/08/2009 12 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: The Court thereforeGRANTS Plaintiffs Ex Parte Application for a Temporary Restraining Order 5 ,but only as to Chase Bank USA. Chase Bank USA is enjoined from proceedingwith the foreclosure and sale of the residence located at 16141 Quartz StreetWestminster, California, including providing any information or assistance to theother defendants. Unless renewed by the Court, this TRO will automaticallydissolve the day after the preliminary injunction hearing. Further ORDERED that ahearing for preliminary injunction is set for 7/30/2009 at 10:00 AM. The Court willconstrue Plaintiffs Application as its opening briefon a motion for preliminaryinjunction. Any Defendant wishing to file an opposition brief shall do so no laterthan 7/17/2009. Plaintiffs must file their reply no later than 7/24/2009. Plaintiffsare also ORDERED to serve this Order on all Defendants, including the defendantsrecently added to Plaintiffs Complaint, by not later than 7/10/2009. Plaintiffs shallprovide their e−mail address[es] to the Court, via a filing, by 7/10/2009. (jp)(Entered: 07/09/2009)

07/08/2009 13 FIRST VERIFIED AMENDED COMPLAINT against defendants Ralty SaversInc, Paul Tuan Nguyen, Joseph Son Cao Tran, Chase Bank USA, N.A., SydneyFunding and Realty Inc, Sidney Tran, Nexus Escrow Inc, John Nguyen, ChaseHome Finance, LLC, First American Loanstar Trustee Services, Fidelity NationalTitle Company, Does amending Complaint − (Discovery) 1 with JURYDEMAND, filed by plaintiffs Paul Nguyen, Laura Nguyen. (jp) (Additionalattachment(s) added on 7/10/2009: # 1 20 Days Summons Issued on FirstAmended) (jp). (Entered: 07/09/2009)

07/08/2009 14 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs PaulNguyen, Laura Nguyen. (jp) (Entered: 07/09/2009)

07/08/2009 20 DAY Summons Issued on First Amended Complaint 13 as to DefendantsJoseph Son Cao Tran, Chase Bank USA, N.A., Sydney Funding and Realty Inc,Sidney Tran, Nexus Escrow Inc, John Nguyen, Chase Home Finance, LLC, RaltySavers Inc, Paul Tuan Nguyen, First American Loanstar Trustee Services, FidelityNational Title Company, Does. (jp) (Entered: 07/10/2009)

07/09/2009 15 MINUTES IN CHAMBERS before Judge A. Howard Matz: Pursuant to FederalRule of Civil Procedure 65(d)(2), the Temporary Restraining Order ("TRO") issuedon July 8, 2009 binds not only Chase Bank USA, but those "who receive actualnotice of [the TRO] by personal service or otherwise" and "who are in activeconcert or participation with" Chase Bank USA, its officers, agents, servants,employees, and attorneys. (jp) (Entered: 07/10/2009)


07/09/2009 16 NOTICE of Plaintiffs' e−mail address [email protected] filed by plaintiffsPaul Nguyen, Laura Nguyen. (se) (Entered: 07/10/2009)

07/09/2009 17 PROOF OF SERVICE BY MAIL filed by plaintiffs Paul Nguyen, Laura Nguyen,re Order on Ex Parte Application for TRO, Order on Ex Parte Application forOrder to Show Cause 12 served on 7/9/09. (se) (Entered: 07/10/2009)

07/14/2009 18 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz reOrder on Ex Parte Application for TRO, Order on Ex Parte Application for Orderto Show Cause 12 : Preliminary Injunction hearing is continued to 8/3/2009 at10:00 AM before Judge A. Howard Matz. Unless renewed by the Court,theTemporary Restraining Order currently in effect will automatically dissolve theday after the preliminary injunction hearing. All other dates are unaffected. (se)(Entered: 07/14/2009)

07/14/2009 19 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon Realty Savers Incserved on 7/10/2009, answer due 7/30/2009. The Summons and First AmendedComplaint were served by substituted service, by State statute, upon Ho Tran,Office Manager. Due Dilligence declaration not attached. (se) Modified on7/14/2009 (se). (Entered: 07/14/2009)

07/14/2009 20 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon First AmericanLoanstar Trustee Services served on 7/9/2009, answer due 7/29/2009. TheSummons and First Amended Complaint were served by personal service, by statestatute, upon Timothy P. Sullivan, Designated Agent. Due Dilligence declarationnot attached. (se) (Entered: 07/14/2009)

07/14/2009 21 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon Paul TuanNguyen served on 7/10/2009, answer due 7/30/2009. The Summons and FirstAmended Complaint were served by substituted service, by state statute, upon HoTran, Ofice Manager. Due Dilligence declaration not attached. (se) (Entered:07/14/2009)

07/14/2009 22 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon John Nguyenserved on 7/10/2009, answer due 7/30/2009. The Summons and First AmendedComplaint were served by personal service, by state statute, upon John Nguyen.Due Dilligence declaration not attached. (se) (Entered: 07/14/2009)

07/14/2009 23 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon Nexus Escrow Incserved on 7/10/2009, answer due 7/30/2009. The Summons and First AmendedComplaint were served by personal service, by state statute, upon John Nguyen,Designated Service of Process Agent. Due Dilligence declaration not attached. (se)(Entered: 07/14/2009)

07/14/2009 24 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon Sidney Transerved on 7/10/2009, answer due 7/30/2009. The Summons and First AmendedComplaint were served by personal service, by state statute, upon Sidney Tran.Due Dilligence declaration not attached. (se) (Entered: 07/14/2009)

07/14/2009 25 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon Sydney Fundingand Realty Inc served on 7/10/2009, answer due 7/30/2009. The Summons andFirst Amended Complaint were served by personal service, by state statute, uponSidney Tran, Designated Agent for Service of Process. Due Dilligence declarationnot attached. (se) (Entered: 07/14/2009)

07/14/2009 26 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon Chase HomeFinance, LLC served on 7/14/2009, answer due 8/3/2009. The Summons and Firstamended Complaint were served by personal service, by state statute, upon CTCorporation System, Designated Agent for Service of Process. Due Dilligencedeclaration not attached. (se) (Entered: 07/14/2009)

07/14/2009 27 PROOF OF SERVICE Executed by plaintiff Paul Nguyen, upon Joseph Son CaoTran served on 7/10/2009, answer due 7/30/2009. The Summons and FirstAmended Complaint were served by substituted service, by state statute, uponNgoc Nguyen, Office Manager. Due Dilligence declaration not attached. (se)(Entered: 07/14/2009)


07/24/2009 28 NOTICE of Interested Parties filed by Defendants Chase Bank USA, N.A., ChaseHome Finance, LLC, identifying Chase Bank USA, N.A., formerly known asChase Manhattan Bank U.S.A., N.A., is a wholly owned subsidiary of Chase HomeFinance Inc., which is a wholly owned subsidiary of JPMorgan Chase Bank,National Association, which is a wholly owned subsidiary of JPMorgan Chase&Co., a publicly traded corporation. (Yoo, S) (Entered: 07/24/2009)

07/24/2009 29 OPPOSITION OPPOSITION re: EX PARTE APPLICATION for TemporaryRestraining Order as to −− EX PARTE APPLICATION for Order to Show Causere: −− 5 filed by Defendants Chase Bank USA, N.A., Chase Home Finance, LLC.(Yoo, S) (Entered: 07/24/2009)

07/24/2009 30 REQUEST FOR JUDICIAL NOTICE re EX PARTE APPLICATION forTemporary Restraining Order as to −− EX PARTE APPLICATION for Order toShow Cause re: −− 5 filed by defendants Chase Bank USA, N.A., Chase HomeFinance, LLC. (Yoo, S) (Entered: 07/24/2009)

07/30/2009 31 REQUEST to Strike Late Opposition filed by Defendants in Opposition toPlaintiffs EX PARTE APPLICATION for Temporary Restraining Order and Orderto Show Cause re Preliminary Injunction 5 . In the alternative, Plaintiffs Reply toDefendants Opposition filed by plaintiffs Paul Nguyen, Laura Nguyen. (jp)(Entered: 07/30/2009)

07/30/2009 32 FIRST REQUEST FOR JUDICIAL NOTICE filed by plaintiffs Paul Nguyen,Laura Nguyen. (jp) (Entered: 07/30/2009)

07/30/2009 33 FIRST STIPULATION Extending Time to Answer the complaint as to SydneyFunding and Realty Inc answer now due 8/6/2009, filed by Defendant SydneyFunding and Realty Inc.(Kaufman, Martin) (Entered: 07/30/2009)

08/03/2009 34 NOTICE OF MOTION AND MOTION to Dismiss First Amended Complaint forFailure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) filedby Defendants Chase Bank USA, N.A., Chase Home Finance, LLC. Motion set forhearing on 10/19/2009 at 10:00 AM before Judge A. Howard Matz. (Yoo, S)(Entered: 08/03/2009)

08/03/2009 35 REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss First AmendedComplaint for Failure to State a Claim Upon Which Relief Can Be Granted (FRCP12(B)(6)) MOTION to Dismiss First Amended Complaint for Failure to State aClaim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) 34 filed byDefendants Chase Bank USA, N.A., Chase Home Finance, LLC. (Yoo, S)(Entered: 08/03/2009)

08/03/2009 36 MINUTES IN CHAMBERS before Judge A. Howard Matz (see attached Minuteorder for further details). Preliminary injunction is conditioned upon Plaintiffsfiling an authenticated appraisal by August 10, 2009, and presenting evidence thatthey arecapable of tendering the proceeds of the loan. Plaintiffs must show inwriting, by not later than August 24, 2009, that they can tender the proceeds.Defendants may file a response to this showing on or before September 2, 2009,and Plaintiffs may file a reply by September 9, 2009. If Plaintiffs fail to make therequisite showing, the preliminary injunction will expire. Plaintiffs may also file adeclaration by Laura Nguyen regarding the alleged forgery. (jp) (Entered:08/04/2009)

08/03/2009 37 REQUEST to Enter Default against defendant Joseph Son Cao Tran filed byplaintiff Laura Nguyen. (jp) (Entered: 08/04/2009)

08/03/2009 38 REQUEST to Enter Default against defendant First American Loanstar TrusteeServices filed by plaintiffs Paul Nguyen, Laura Nguyen. (jp) (Entered: 08/04/2009)

08/03/2009 45 MINUTES OF Motion Hearing held before Judge A. Howard Matz: Courtcirculates tentative order and hears oral argument. The Court conditionally grantsthe preliminary injunction upon plaintiffs filing an authenticated appraisalbyAugust 10, 2009, and presenting evidence that they are capable of tendering theproceeds of the loan. Plaintiffs must show in writing, by not later than August 24,2009, that they can tender the proceeds. Defendants may file a response to thisshowing on or before September 2, 2009, and plaintiffs may file a reply bySeptember 9, 2009. If Plaintiffs fail to make the requisite showing, the preliminary


injunction will expire. Plaintiffs may also file a declaration by Laura Nguyenregarding the alleged forgery. Order to issue.Court DENIES 31 Request to Strikedefendants' late opposition to plaintiffs' ex parte application for TRO. CourtReporter: Cindy Nirenberg. (se) (Entered: 08/07/2009)

08/04/2009 39 DEFAULT BY CLERK ENTERED on First Amended Complaint as to DefendantJoseph Son Cao Tran. (jp) (Entered: 08/04/2009)

08/04/2009 40 DEFAULT BY CLERK ENTERED on First Amended Complaint as to DefendantFirst American Loanstar Trustee Services. (jp) (Entered: 08/04/2009)

08/06/2009 41 ANSWER to Amended Complaint,, 13 ANSWER OF DEFENDANTS JOHNNGUYEN, SIDNEY TRAN, SYDNEY FUNDING AND REALTY, INC, AND NEXUSESCROW, INC. TO PLAINTIFFS PAUL NGUYEN AND LAURA NGUYEN'SFIRST VERIFIED AMENDED COMPLAINT filed by DEFENDANTS SydneyFunding and Realty Inc, Sidney Tran, Nexus Escrow Inc, John Nguyen.(Kaufman,Martin) (Entered: 08/06/2009)

08/06/2009 42 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. Thefollowing error(s) was found: no certification of interested parties RE: Answer toComplaint (Discovery), Answer to Complaint (Discovery) 41 . In response to thisnotice the court may order (1) an amended or correct document to be filed (2) thedocument stricken or (3) take other action as the court deems appropriate. (se)(Entered: 08/06/2009)

08/07/2009 43 ORDER SETTING SCHEDULING CONFERENCE by Judge A. Howard Matz:Scheduling Conference set for 11/2/2009 at 01:30 PM before Judge A. HowardMatz. (se) (Entered: 08/07/2009)

08/07/2009 44 CERTIFICATION AND NOTICE of Interested Parties filed by DEFENDANTSSydney Funding and Realty Inc, Sidney Tran, Nexus Escrow Inc, John Nguyen,identifying Paul Nguyen − Plaintiff, Laura Nguyen − Plaintiff, Chase Bank USA,NA − Defendant, First American Loanstar Trustee Services − Defendant, SydneyFunding and Realty, Inc. − Defendant, Sidney Tran − Defendant, Nexus Escrow,Inc. − Defendant, John Nguyen − Defendant, Joseph Son Cao Tran − Defendant,Realty Savers, Inc. − Defendant, Nguyen Paul Tuan − Defendant. (Kaufman,Martin) (Entered: 08/07/2009)

08/07/2009 50 NOTICE OF DISMISSAL filed by plaintiffs Laura Nguyen, John Nguyen pursuantto FRCP 41a(1) as to Realty Savers Inc, Paul Tuan Nguyen. (se) Modified on8/12/2009 (se). (Entered: 08/12/2009)

08/10/2009 46 NOTICE OF MOTION AND First MOTION to Dismiss Complaint filed bydefendant Joseph Son Cao Tran. Motion set for hearing on 10/19/2009 at 10:00AM before Judge A. Howard Matz. (Attachments: # 1 Motion to Dismiss12b6)(Marsh, Kermit) (Entered: 08/10/2009)

08/10/2009 47 NOTICE property value obtained from Chase Bank website for Property 16141Quartz Street, Westminster, CA 92683 pursuant to court order on 8/3/09 filed byplaintiff Paul Nguyen. (se) (Entered: 08/11/2009)

08/10/2009 48 NOTICE of declaration of plaintiff Laura Nguyen in support of PreliminaryInjunction filed by PLAINTIFF Paul Nguyen. (se) (Entered: 08/11/2009)

08/11/2009 49 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A.Howard Matz ordering that the Notice of Dismissal be filed and processed. (kbr)(Entered: 08/12/2009)

08/14/2009 51 MINUTES IN CHAMBERS by Judge A. Howard Matz: On 8/3/2009, this Courtgranted a Preliminary Injunction enjoining the foreclosre and sale of Plaintiff home45 . The Court finds that this evidence is sufficient to show that no bond isnecessary and that Defendants are unlikely to suffer irreparable injury as a result ofthe preliminary injunction. (jp) (Entered: 08/17/2009)

08/28/2009 52 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: re:Minutes of In Chambers 36 and Order on Request to Strike, Motion 45 . The Courtintends to formally lift the preliminary injunction by September 3, 2009 unlessPlaintiffs show cause in writing by noon on that day either that they have satisfied


the tender condition, or why they should not be required to satisfy that condition.(kbr) (Entered: 08/31/2009)

08/28/2009 53 MINUTES IN CHAMBERS (No Proceedings Held) by Judge A. Howard Matz: Asof today, this Court has no record that Plaintiffs filed any papers on orbeforeAugust 24, 2009 showing that they can tender the loan proceeds. The Courttherefore intends to formally lift the preliminary injunction by September 3, 2009unless Plaintiffs show cause in writing by noon on that day either that they havesatisfied the tender condition, or why they should not be required to satisfy thatcondition. See minute order for further details. (ca) (Entered: 08/31/2009)

09/02/2009 54 REPLY opposition EX PARTE APPLICATION for Temporary Restraining Orderas to −− EX PARTE APPLICATION for Order to Show Cause re: −− 5 filed byDefendant Chase Bank USA, N.A.. (Yoo, S) (Entered: 09/02/2009)

09/02/2009 56 PLAINTIFFS SHOWING that they can meet the tender requirement Pursuant toCourt Order on 8/3/2009, Plaintiff Laura Nguyen Declaration in support thereof.(jp) (Entered: 09/03/2009)

09/03/2009 55 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz reMinutes of In Chambers Order 36 , Order 45 : Defendants' responses due by11/9/2009, Plaintifs' replies due by 9/14/2009. (se) (Entered: 09/03/2009)

09/09/2009 57 REPLY Defendants' Reply to Plaintiffs' Showing That They Can Meet the TenderRequirement Pursuant to Court Order of Conditional Preliminary Injunction EXPARTE APPLICATION for Temporary Restraining Order as to −− EX PARTEAPPLICATION for Order to Show Cause re: −− 5 filed by Defendants Chase BankUSA, N.A., Chase Home Finance, LLC. (Yoo, S) (Entered: 09/09/2009)

09/09/2009 58 REQUEST FOR JUDICIAL NOTICE in Support of Defendants' Reply toPlaintiffs' Showing That They Can Meet the Tender Requirement filed byDefendants Chase Bank USA, N.A., Chase Home Finance, LLC. (Yoo, S)(Entered: 09/09/2009)

09/14/2009 59 NOTICE of Handwriting Expert's Opinion in Support of TRO and OSC rePreliminary Injunction filed by plaintiffs Paul Nguyen, Laura Nguyen. (se)(Entered: 09/15/2009)

09/14/2009 60 PLAINTIFFS' EXPERT DESIGNATION Filed filed by Plaintiffs Paul Nguyen,Laura Nguyen. (se) (Entered: 09/15/2009)

09/14/2009 61 PLAINTIFFS' REPLY to Defendant's Reply (Motion related) 57 to Plaintiffs'Tender Ability pursuant to court order on 9/3/09 filed by Plaintiffs Paul Nguyen,Laura Nguyen. (se) (Entered: 09/15/2009)

09/15/2009 62 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : OnAugust 28, 2009 the Court ordered the parties to file briefs on Plaintiffs ability totender the proceeds of the loan pursuant to the Truth in Lending Act(TILA).Plaintiffs raise in their reply brief the theory that they are not required totender the proceeds of the loan because Defendants failed to satisfy theirobligations under 15 U.S.C. § 1635(b). Plaintiffs also asserted that they could meetthe tender requirements based on their equity in the subject property. The CourtORDERS Chase to file a surreply not to exceed ten pages, addressing only thesetwo issues, by not later than September 18, 2009. The brief shall be addressed tothe relevant law, and shall not raise any new factual issues. (se) (Entered:09/15/2009)

09/18/2009 63 REPLY Defendants' Surreply to Plaintiffs' Showing That They Can Meet TheTender Requirement Pursuant to Court Order of Contitional Preliminary Injunctionfiled by Defendants Chase Bank USA, N.A., Chase Home Finance, LLC. (Yoo, S)(Entered: 09/18/2009)

09/23/2009 64 APPLICATION for Default Judgment against defendant First American LoanstarTrustee Services filed by plaintiffs Paul Nguyen, Laura Nguyen. (se) (Entered:09/24/2009)

09/23/2009 65 APPLICATION for Default Judgment against defendant Joseph Son Cao Tran filedby plaintiffs Paul Nguyen, Laura Nguyen. (se) (Entered: 09/24/2009)


09/23/2009 66 Additional Authorities in Support of Preliminary Injunction filed by plaintiffs PaulNguyen, Laura Nguyen. Re: Minutes of In Chambers Order 51 . (se) (Entered:09/24/2009)

09/24/2009 67 STIPULATION to Dismiss Case filed by DEFENDANTS Sydney Funding andRealty Inc, Sidney Tran, Nexus Escrow Inc, John Nguyen. (Attachments: # 1Proposed Order FOR VOLUNTARY DISMISSAL)(Kaufman, Martin) (Entered:09/24/2009)

09/24/2009 68 ORDER FOR VOLUNTARY DISMISSAL by Judge A. Howard Matz, reStipulation 67 of the parties, and good cause appearing therefore, that pursuant toFRCP 41(a)(1)(A)(ii), all Plaintiffs claims as to Defendants Sydney Funding andRealty Inc; Sidney Tran; Nexus Escrow Inc and John Nguyen be dismissed in theirentirety, with prejudice. (jp) (Entered: 09/25/2009)

09/25/2009 69 MINUTES (IN CHAMBERS): ORDER by Judge A. Howard Matz: denying 64Application for Default Judgment; denying 65 Application for Default Judgment.(se) (Entered: 09/25/2009)

09/25/2009 70 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz reOrder on Request to Strike, Motion Hearing 45 : the Court declines to lift thepreliminary injunction. See document for specific information. (se) (Entered:09/25/2009)

10/08/2009 71 REPLY re: Non−Opposition MOTION to Dismiss First Amended Complaint forFailure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6))MOTION to Dismiss First Amended Complaint for Failure to State a Claim UponWhich Relief Can Be Granted (FRCP 12(B)(6)) 34 filed by Defendants ChaseBank USA, N.A., Chase Home Finance, LLC. (Yoo, S) (Entered: 10/08/2009)

10/09/2009 72 REPLY reply re: non−opposition MOTION to Dismiss First Amended Complaintfor Failure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6))MOTION to Dismiss First Amended Complaint for Failure to State a Claim UponWhich Relief Can Be Granted (FRCP 12(B)(6)) 34 filed by Defendants ChaseBank USA, N.A., Chase Home Finance, LLC. (Yoo, S) (Entered: 10/09/2009)

10/12/2009 73 REPLY First MOTION to Dismiss Complaint 46 Defendant Joseph Son CaoTran's Reply Re: No Opposition by Plaintiff Laura Nguyen to Motion to DismissFirsat Amended Complaint for Failure to State a Claim; Decl. of Kermit D. Marsh;Proof of Service filed by Defendant Joseph Son Cao Tran. (Marsh, Kermit)(Entered: 10/12/2009)

10/12/2009 74 REPLY First MOTION to Dismiss Complaint 46 Defendant Joseph Son CaoTran's Reply Re: No Opposition by Plaintiff Paul Nguyen to Motion to DismissComplaint for Failure to State a Claim; Decl. of Kermit D. Marsh; Proof ofService filed by Defendant Joseph Son Cao Tran. (Marsh, Kermit) (Entered:10/12/2009)

10/13/2009 77 OPPOSITION to Defendants MOTION to Dismiss First Amended Complaint forFailure to State a Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) 34filed by Plaintiffs Paul Nguyen, Laura Nguyen. (jp) (Entered: 10/16/2009)

10/14/2009 75 MINUTES IN CHAMBERS by Judge A. Howard Matz: Given the longstandingprinciple that claims should be resolved on the merits where possible, the Courtwill accept Plaintiffs' late filing of their opposition to Defendants Chase BankUSA, N.A. and Chase Home Finance LLC's (collectively Defendants) Motion toDismiss the First Amended Complaint. The Court grants Defendants until October20, 2009 to file a reply and will be taking the matter under submission afterDefendants reply is filed. (jp) (Entered: 10/15/2009)

10/15/2009 76 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: On the Court's ownmotion, the Court hereby takes OFF−CALENDAR and UNDER SUBMISSIONthe Motion to Dismiss Complaint Filed by Defendant Joseph Son Cao Tran 46 .The parties will be notified if a hearing is necessary. (jp) (Entered: 10/15/2009)

10/20/2009 78 REPLY Support MOTION to Dismiss First Amended Complaint for Failure toState a Claim Upon Which Relief Can Be Granted (FRCP 12(B)(6)) MOTION toDismiss First Amended Complaint for Failure to State a Claim Upon Which Relief


Can Be Granted (FRCP 12(B)(6)) 34 Supplemental Reply filed by DefendantsChase Bank USA, N.A., Chase Home Finance, LLC. (Yoo, S) (Entered:10/20/2009)

10/20/2009 79 NOTICE OF MOTION AND MOTION for Default Judgment against defendantFirst American Loanstar Trustee Services (FRCP &Local Rule, Rule 55);Dedlaration in Suport (FRCP 55(b)(2)) filed by plaintiffs Paul Nguyen, LauraNguyen. Motion set for hearing on 11/16/2009 at 10:00 AM before Judge A.Howard Matz. (jp) (Entered: 10/22/2009)

10/20/2009 80 STIPULATION regarding Default and Motion to Dismiss filed by plaintiffs PaulNguyen, Laura Nguyen. (jp) (Entered: 10/22/2009)

10/20/2009 81 NOTICE OF MOTION AND MOTION for Order to Show Cause re: Whydefendants Chase Bank USA, NA, Chase Home Finance LLC and First AmericanLoanstar Trustee Services Should not be held in Contempt in violating PreliminaryInjunction Order; Memorandum of Points and Authorities in support thereof, filedby plaintiffs Paul Nguyen, Laura Nguyen. Motion set for hearing on 11/16/2009 at10:00 AM before Judge A. Howard Matz. (jp) (Entered: 10/22/2009)

10/29/2009 82 REPORT of Unilateral 16(b) Report filed by Defendants Chase Bank USA, N.A.,Chase Home Finance, LLC. (Yoo, S) (Entered: 10/29/2009)

10/30/2009 83 JOINT REPORT Rule 26(f); estimated length of trial 5 days, filed by PlaintiffsPaul Nguyen, Laura Nguyen. (jp) (Entered: 11/02/2009)

11/02/2009 84 APPLICATION for Relief from Entry of Default Memorandum of Points andAuthorities in Support; Declaration of Alfonso Perez filed by Defendant FirstAmerican Loanstar Trustee Services. Application set for hearing on 11/16/2009 at10:00 AM before Judge A. Howard Matz. (Finlay, T) (Entered: 11/02/2009)

11/02/2009 85 DECLARATION of DeeAnn Gregory re APPLICATION for Relief from Entry ofDefault Memorandum of Points and Authorities in Support; Declaration of AlfonsoPerez 84 Declaration of Non−Monetary Status filed by Defendant First AmericanLoanstar Trustee Services. (Finlay, T) (Entered: 11/02/2009)

11/02/2009 86 opposition opposition to motion for an order to show cause re: MOTION for Orderto Show Cause re: Why defendants Chase Bank USA, NA, Chase Home FinanceLLC and First American Loanstar Trustee Services Should not be held in Contemptin violating Preliminary Injunction Order 81 filed by Defendants Chase Bank USA,N.A., Chase Home Finance, LLC. (Yoo, S) (Entered: 11/02/2009)

11/02/2009 87 OPPOSITION to APPLICATION for Relief from Entry of Default Memorandumof Points and Authorities in Support; Declaration of Alfonso Perez 84 Oppositionto Plaintiffs' Notice of Motion and Motion for Default Judgment filed by DefendantFirst American Loanstar Trustee Services. (Finlay, T) (Entered: 11/02/2009)

11/02/2009 88 OPPOSITION to Plaintiff's Motion for OSC re Contempt; Memorandum of Pointsand Authorities in Support Thereof; Declaration of Alfonso Perez filed byDefendant First American Loanstar Trustee Services. (Finlay, T) (Entered:11/02/2009)

11/02/2009 89 MINUTES Scheduling Conference held before Judge A. Howard Matz: Courtorders Laura Nguyen to file her declaration and supporting documents by not laterthan 11/6/2009 or the Court will lift the current injunction. Court orders the datesas indicated on Scheduling and Case Management Order filed this date and refersthis matter to Magistrate Judge Andrew J. Wistrich for settlement purposes.Defendants shall notify Magistrate Judge Wistrich immediately of the Court'sreferral and presumptive schedule and file a status report with this Courtconfirming same. At the conclusion of the mediation, plaintiff shall file anotherstatus report notifying the Court of the outcome. Court Reporter: Cindy Nirenberg.(jp) (Entered: 11/04/2009)

11/02/2009 90 SCHEDULING AND CASE MANAGEMENT ORDER by Judge A. HowardMatz that the Court schedule of trial and pretrial date as following: Trial date (Jury)(Estimated length 4 days) set for 9/7/2010 at 8:00 AM. File Findings of Fact andConclusions of Law and Summaries of Direct Testimony N/A. Final PretrialConference; Hearing on Motions in Limine; File Agreed Upon Set of Jury


Instructions and Verdict Forms and Joint Statement re Disputed Instructions andVerdict Forms; File Proposed Voir Dire Qs and Agreed−to Statement of Case at11:00 AM on 8/23/2010. Lodge Pretrial Conference Order; Memo of Contentionsof Fact and Law; Exhibit List; Witness Lists; Status Report re Settlement due by8/9/2010. Last day for hand−serving Motions in Limine on 7/26/2010; Last Day toMeet Before Final Pretrial Conference (L.R. 16−2) 7/12/2010; Last day for hearingMotions at 10:00 AM on 7/12/2010. Last day for hand−serving motions and filing(other than Motions in Limine) due 6/7/2010. Non−expert Discovery cut−off5/24/2010. ADDITIONAL MATTERS TO BE DETERMINED ATSCHEDULING CONFERENCE: L.R. 16−15 Settlement Choice: (1) USMJ:Expert discovery cut−off on 7/26/2010; Rebuttal Expert Witness Disclosure6/28/2010; Opening Expert Witness Disclosure [See F.R.Civ.P. 26(a)(2)] 6/1/2010;Last date to conduct settlement conference is 5/31/2010. Last day to amendpleadings or add parties due by 1/11/2010. (jp) (Entered: 11/04/2009)

11/06/2009 91 DECLARATION Re Forgery of Deed of Trust and Non−Receipt of Notice ofRight ot Rescind, pursuant to this Court Ordert at the Status Conference on11/2/2009 89 filed by Plaintiffs Paul Nguyen, Laura Nguyen. (jp) (Entered:11/06/2009)

11/09/2009 92 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: the Court GRANTS inpart and DENIES in part Motion to Dismiss Plaintiffs' First Amended Complaint34 . Specifically, the Court GRANTS Defendants' motion to dismiss claim one forfraud, DENIES Defendants' motion to dismiss claim two for fraud by forgery,GRANTS Defendants' motion to dismiss claim three for forgery, DENIESDefendants' motion to dismiss claim four insofar as it states a claim for rescission,GRANTS Defendants' motions to dismiss claims five and six for RESPAviolations, GRANTS Defendants motion to dismiss claim seven for rescission,DENIES Defendants' motion to dismiss claim eight for violations of California'sUCL but only insofar as their claim is predicated on any of Plaintiffs' survivingclaims, and GRANTS Defendants' motion to dismiss claim nine for declaratoryrelief. Any amended complaint must be filed by not later than 11/23/2009. Nohearing is necessary. FRCP 78; LR 7−15. This order is not intended for publicationor for inclusion in the LEXIS and Westlaw databases. (jp) (Entered: 11/09/2009)

11/16/2009 93 MINUTES Motion Hearing held before Judge A. Howard Matz: Court hears oralargument and DENIES Plaintiffs Motion for Default Judgment Against DefendantFirst American Loanstar Trustee Services 79 ; Court DENIES Plaintiffs Motion forOrder to Show Cause 81 ; Court GRANTS Defendant First American LoanstarTrustee Services Application for Relief From entry of Default 84 . Defendant firstAmerican Loanstar Trustee Services shall file an Answer to the Complaint.Defendant Chase Bank USA, N.A. shall file, not later than 11/20/2009, a proposedOrder cancelling all foreclosure proceedings against plaintiffs in this case, pendingresolution of this case. Court Reporter: Cindy Nirenberg. (jp) (Entered:11/16/2009)

11/17/2009 94 ORDER by Judge A. Howard Matz DENYING MOTION for Order to ShowCause Why defendants Chase Bank USA, NA, Chase Home Finance LLC and FirstAmerican Loanstar Trustee Services Should not be held in Contempt in violatingPreliminary Injunction Order 81 . No sanctions are awarded against Defendants.However, the Court ORDERS Defendants to cancel the subject foreclosure saleand any other foreclosure proceedings related to the Subject Property, pendingresolution of this case. (jp) (Entered: 11/18/2009)

11/20/2009 95 ANSWER AND AFFIRMATIVE DEFENSES filed by Defendant First AmericanLoanstar Trustee Services.(Finlay, T) (Entered: 11/20/2009)

11/23/2009 96 SECOND VERIFIED AMENDED COMPLAINT against defendants Joseph SonCao Tran, Chase Bank USA, N.A., Chase Home Finance, LLC, First AmericanLoanstar Trustee Services; Party Fidelity National Title Company terminated;amending First Verified Amended Complaint 13 with Jury Demand, filed byPlaintiffs Paul Nguyen, Laura Nguyen. (Attachments: # 1 20 Days SummonsIssued). (jp) (Entered: 11/24/2009)

11/23/2009 20 DAY Summons Issued re Second Verified Amended Complaint 96 as toDefendants Joseph Son Cao Tran, Chase Bank USA, N.A., Chase Home Finance,


LLC, First American Loanstar Trustee Services. (jp) (Entered: 11/24/2009)

12/16/2009 97 ANSWER to Amended Complaint, 96 Answer and Affirmative Defenses ofDefendant First American Loanstar Trustee Services, LLC to Plaintiff's' SecondAmended Complaint filed by Defendant First American Loanstar TrusteeServices.(Rovira, Christina) (Entered: 12/16/2009)

12/17/2009 98 ANSWER to Amended Complaint, 96 filed by defendants Chase Bank USA, N.A.,Chase Home Finance, LLC.(Yoo, S) (Entered: 12/17/2009)

01/04/2010 99 NOTICE OF MOTION AND MOTION for Order to Show Cause Why DefendantsChase Bank USA NA, Chase Home Finance LLC and First American LoanstarTrustee Services Should Not Be Held in Contempt In Violating PreliminaryInjunction Order (45); and Order Cancelling all Foreclosure Proceedings (93) filedby plaintiffs Paul Nguyen, Laura Nguyen. Motion set for hearing on 2/1/2010 at10:00 AM before Judge A. Howard Matz. (se) (Entered: 01/06/2010)

01/04/2010 100 DECLARATION of Laura Nguyen in support of MOTION for Order to ShowCause re: Why Defendants Chase Bank USA NA, Chase Home Finance LLC andFirst American Loanstar Trustee Services Should Not Be Held in Contempt InViolating Preliminary Injunction Order (45); and Order Cancelling all ForeclosureMOTION for Order to Show Cause re: Why Defendants Chase Bank USA NA,Chase Home Finance LLC and First American Loanstar Trustee Services ShouldNot Be Held in Contempt In Violating Preliminary Injunction Order (45); andOrder Cancelling all Foreclosure 99 filed by Plaintiff Laura Nguyen. (se) (Entered:01/06/2010)

01/04/2010 101 DECLARATION of Paul Nguyen in support of MOTION for Order to Show CauseWhy Defendants Chase Bank USA NA, Chase Home Finance LLC and FirstAmerican Loanstar Trustee Services Should Not Be Held in Contempt In ViolatingPreliminary Injunction Order (45); and Order Cancelling all Foreclosure MOTIONfor Order to Show Cause 99 filed by Plaintiff Paul Nguyen. (se) (Entered:01/06/2010)

01/04/2010 102 REQUEST FOR JUDICIAL NOTICE re MOTION for Order to Show Cause WhyDefendants Chase Bank USA NA, Chase Home Finance LLC and First AmericanLoanstar Trustee Services Should Not Be Held in Contempt In ViolatingPreliminary Injunction Order (45); and Order Cancelling all Foreclosure 99 filedby plaintiffs Paul Nguyen, Laura Nguyen. (se) (Entered: 01/06/2010)

01/15/2010 103 OPPOSITION opposition re: MOTION for Order to Show Cause re: WhyDefendants Chase Bank USA NA, Chase Home Finance LLC and First AmericanLoanstar Trustee Services Should Not Be Held in Contempt In ViolatingPreliminary Injunction Order (45); and Order Cancelling all Foreclosure MOTIONfor Order to Show Cause re: Why Defendants Chase Bank USA NA, Chase HomeFinance LLC and First American Loanstar Trustee Services Should Not Be Held inContempt In Violating Preliminary Injunction Order (45); and Order Cancelling allForeclosure 99 filed by Defendants Chase Bank USA, N.A., Chase Home Finance,LLC. (Yoo, S) (Entered: 01/15/2010)

01/15/2010 104 Opposition opposition re: MOTION for Order to Show Cause re: Why DefendantsChase Bank USA NA, Chase Home Finance LLC and First American LoanstarTrustee Services Should Not Be Held in Contempt In Violating PreliminaryInjunction Order (45); and Order Cancelling all Foreclosure MOTION for Order toShow Cause re: Why Defendants Chase Bank USA NA, Chase Home Finance LLCand First American Loanstar Trustee Services Should Not Be Held in Contempt InViolating Preliminary Injunction Order (45); and Order Cancelling all Foreclosure99 Opposition to Plaintiff's Motion for OSC Re Contempt; Memorandum of Pointsand Authorities in Support Thereof; Declaration of Deeann Gregory filed byDefendant First American Loanstar Trustee Services. (Rovira, Christina) (Entered:01/15/2010)

01/26/2010 105 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: This matter is before theCourt on Plaintiffs' Motion for an Order to Show Cause why Defendants Shouldnot be Held in Contempt. For the reasons stated below (see attached Minute orderfor further information), the Court DENIES Plaintiff's Request for an OrderHolding Defendants in contempt 99 . However, if in the future any Defendat,


especially Loanstar, violates the Court's 8/3/2009 and 11/17/2009 Orders, the courtwill be readily inclined to find the basis for a contempt citation and to impose suchsanctions. No hearing is necessary. Fed. R. Civ. P. 78; L. R. 7−15. This Order isnot intended for publication or for inclusion in the databases of Westlaw or LEXIS.(jp) (Entered: 01/27/2010)

08/16/2010 106 MINUTES IN CHAMBERS by Judge A. Howard Matz: Plaintiffs are herebyORDERED TO SHOW CAUSE in writing, by not later than noon on 8/20/2010,why this case should not be dismissed for lack of prosecution. See Local Rule 12.Should Plaintiffs fail to timely show cause, the Court may dismiss this case withoutprejudice. (jp) (Entered: 08/16/2010)

08/16/2010 107 PLAINTIFFS' FINAL PRETRIAL CONFERENCE STATEMENT (se) (Entered:08/16/2010)

08/17/2010 108 RESPONSE filed by Plaintiffs Laura Nguyen, Paul Nguyen to Minutes of InChambers Order to Show Cause re Failure to Prosecute 106 . (se) (Entered:08/18/2010)

08/17/2010 109 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: CourtDISCHARGES its 8/16/10 OSC re Minutes of In Chambers Order 106 . CourtORDERS Defendants Chase Bank USA, N.A. and Chase Home Finance, LLC toSHOW CAUSE in writing by not later than August 20 2010, at 9:00 a.m., withcourtesy copies delivered to chambers, why default judgment should not be enteredagainst them. (se) (Entered: 08/19/2010)

08/20/2010 110 DECLARATION re Minutes of In Chambers Order/Directive − no proceedingheld, Terminate Deadlines, Set Deadlines,,, 109 Declaration of S. Christopher Yooin Response to Order to Show Cause re: Why Default Judgment Should Not BeEntered Against Defendants Chase Home Finance LLC and Chase Bank, USA,N.A. filed by Defendants Chase Bank USA, N.A., Chase Home Finance, LLC.(Yoo, S) (Entered: 08/20/2010)

08/20/2010 111 STIPULATION to Dismiss defendant Joseph Son Cao Tran filed by defendantJoseph Son Cao Tran.(Marsh, Kermit) (Entered: 08/20/2010)

08/20/2010 112 STIPULATION to Dismiss defendant Joseph Son Cao Tran filed by defendantJoseph Son Cao Tran. (Attachments: # 1 Proposed Order)(Marsh, Kermit)(Entered: 08/20/2010)

08/20/2010 114 DECLARATION in Re Declaration of S. Christopher Yoo in Response to Order toShow Cause re why Default Judgment should not be entered against defendantsChase Home Finance LLC and Chase Bank USA N.A 109 filed by Plaintiffs LauraNguyen, Paul Nguyen. (jp) (Entered: 08/23/2010)

08/23/2010 113 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:Stipulation to Dismiss Party 111 . The following error(s) was found: DefendantJoseph Son Cao Tran was terminated, per DE 111. In response to this notice thecourt may order (1) an amended or correct document to be filed (2) the documentstricken or (3) take other action as the court deems appropriate. You need not takeany action in response to this notice unless and until the court directs you to do so.(se) (Entered: 08/23/2010)

08/23/2010 115 MINUTES OF Final Pretrial Conference held before Judge A. Howard Matz: Forreasons and findings stated on the record, the Court will enter default judgmentagainst defendants Chase Home Finance, LLC and Chase Bank USA, N.A. forrescission of the loan, voidance of the deed of trust, quiet title, and possiblyforfeiture of the loan. Plaintiffs shall also be entitled to costs. Plaintiffs mustprepare and submit a proposed judgment by not later than 8/30/2010. Defendantsmay respond to the proposed judgment by not later than 9/1/2010 and any replythereto must be filed by not later than 9/3/2010. If the parties are unable to agree toa proposed judgment, then plaintiffs must file a motion for entry of judgment bynot later than 9/13/2010. The Court will hold in abeyance all claims againstdefendant First American Loanstar. The Court has made a careful and considereddetermination of its decision to enter judgment and will not be receptive to thefiling of a motion for reconsideration. Court Reporter: Cindy Nirenberg. (jp)(Entered: 08/24/2010)


08/25/2010 116 NOTICE of Change of Attorney Information for attorney T Robert Finlay counselfor Defendant First American Loanstar Trustee Services.Christina D. Rovira is nolonger attorney of record for the aforementioned party in this case for the reasonindicated in the G−06 Notice. Filed by Defendant First American Loanstar TrusteeServices (Finlay, T) (Entered: 08/25/2010)

09/01/2010 117 ***THIS DOCUMENT IS WITHDRAWN PURSUANT TO DE 119***Objection to [Proposed] Order of Default Judgment and Other Equitable ReliefAgainst Chase Bank USA, N.A.; Chase Home Finance, LLC and First AmericanLoanstar Trustee Services re: APPLICATION for Default Judgment againstdefendant First American Loanstar Trustee Services 64 , MOTION for Order toShow Cause re: Why Defendants Chase Bank USA NA, Chase Home Finance LLCand First American Loanstar Trustee Services Should Not Be Held in Contempt InViolating Preliminary Injunction Order (45); and Order Cancelling all ForeclosureMOTION for Order to Show Cause re: Why Defendants Chase Bank USA NA,Chase Home Finance LLC and First American Loanstar Trustee Services ShouldNot Be Held in Contempt In Violating Preliminary Injunction Order (45); andOrder Cancelling all Foreclosure 99 filed by Defendants Chase Bank USA, N.A.,Chase Home Finance, LLC. (Yoo, S) Modified on 9/2/2010 (se). (Entered:09/01/2010)

09/01/2010 118 OBJECTIONS to [Proposed] Order of Default Judgment and other EquitableRelief Against Chase Bank USA, N.A.; Chase Home Finance, LLC and FirstAmerican Loanstar Trustee Services; Joinder in Objection filed by Chase BankUSA, N.A. and Chase Home Finance LLC filed by Defendant First AmericanLoanstar Trustee Services. (Neff, Nicole) (Entered: 09/01/2010)

09/01/2010 119 Notice of Withdrawal of Objection/Opposition (Motion related),Objection/Opposition (Motion related), Objection/Opposition (Motion related),Objection/Opposition (Motion related) 117 filed by Defendants Chase Bank USA,N.A., Chase Home Finance, LLC. (Yoo, S) (Entered: 09/01/2010)

09/01/2010 120 OBJECTIONS to [proposed] order of default judgment and other equitable reliefagainst Chase Bank USA, N.A and First American Loanstar Trustee Services filedby Defendants Chase Bank USA, N.A., Chase Home Finance, LLC. (Yoo, S)(Entered: 09/01/2010)

09/03/2010 121 REPLY to Objections to [proposed] order of default judgment and other equitablerelief against Chase Bank USA, N.A and First American Loanstar Trustee Services120 filed by Plaintiff Paul Nguyen. (jp) (Entered: 09/03/2010)

09/03/2010 122 REPLY filed by Plaintiff Laura Nguyen to Objection to (Proposed) Order ofDefault Judgment and Other Equitable Relief. (se) (Entered: 09/03/2010)

09/13/2010 123 NOTICE OF PLAINTIFFS' MOTION AND MOTION for Entry of DefaultJudgment filed by plaintiffs Laura Nguyen, Paul Nguyen. Motion set for hearing on10/4/2010 at 10:00 AM before Judge A. Howard Matz. (jp) (Entered: 09/14/2010)

09/13/2010 124 MEMORANDUM OF POINTS AND AUTHORITIES in Support of PlaitiffsMOTION for Entry of Default Judgment 123 filed by Plaintiffs Laura Nguyen,Paul Nguyen. (jp) (Entered: 09/14/2010)

09/14/2010 126 MINUTES (IN CHAMBERS) by Judge A. Howard Matz: The Court has reviewedthe objections of the "Chase Defendants" and of First American Loanstar TrusteeServices, LLC to the proposed Order of Default Judgment and overrules most ofthose objections. The Court has therefore separately entered an Order of DefaultJudgment and Judgment against those parties. Consequently, it is unnecessary forDefendants to respond to Plaintiffs Motion for Entry Default Judgment 123 andthat motion is DENIED as moot. (jp) (Entered: 09/15/2010)

09/15/2010 125 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:MOTION for Default Judgment 123 . The following error(s) was found: Hearinginformation is not timely. In response to this notice the court may order (1) anamended or correct document to be filed (2) the document stricken or (3) take otheraction as the court deems appropriate. You need not take any action in response tothis notice unless and until the court directs you to do so. (se) (Entered:09/15/2010)


09/15/2010 127 ORDER OF DEFAULT JUDGMENT by Judge A. Howard Matz: Therefore, it isORDERED, ADJUDGED and DECREED as follows: This Court has jurisdictionover the subject matter of this case and over the Defendants. Default judgment ishereby entered against Chase Bank USA, N.A. and Chase Home Finance, LLC andin favor of Plaintiffs Paul Nguyen and Laura Nguyen on all claims in Plaintiffs'Second Amended Complaint. IT IS THEREFORE ORDERED that the Deed ofTrust recorded with Orange County Recorder as instrument No. 2007000731120on 12/12/2007 is wholly voided as to plaintiff Laura Nguyen. (See DefaultJudgment for further information). FURTHER ORDERED that Plaintiffs areawarded their costs of suit, to be paid by Defendants Chase Bank USA, N.A. andChase Home Finance, LLC, in an amount to be determined by the Clerk of theCourt. (MD JS−6. Case Terminated ) (jp) (Entered: 09/15/2010)

09/20/2010 128 NOTICE OF APPLICATION to the Clerk to Tax Costs filed by plaintiffs LauraNguyen, Paul Nguyen. Application set for hearing on 10/7/2010 at 10:00 AMbefore Clerk of Court. (jp) (Entered: 09/21/2010)

10/05/2010 129 NOTICE OF MOTION AND MOTION to Alter Judgment re Default Judgment,,,127 . Or Amend Default Judgment filed by defendants Chase Bank USA, N.A.,Chase Home Finance, LLC. Motion set for hearing on 11/8/2010 at 10:00 AMbefore Judge A. Howard Matz. (Yoo, S) (Entered: 10/05/2010)

10/05/2010 130 EX PARTE APPLICATION to Stay pending Enforcement of Judgment filed bydefendants Chase Bank USA, N.A., Chase Home Finance, LLC.(Yoo, S) (Entered:10/05/2010)

10/05/2010 131 NOTICE OF MOTION AND MOTION for Relief from Judgment under Rule60(b) of Federal Rules of Civil Procedure and Relief from Default under Rule55(c) re Default Judgment,,, 127 filed by defendants Chase Bank USA, N.A.,Chase Home Finance, LLC. Motion set for hearing on 11/8/2010 at 10:00 AMbefore Judge A. Howard Matz. (Yoo, S) (Entered: 10/05/2010)

10/05/2010 139 NOTICE OF MOTION AND MOTION for Issuance of Writ of Execution (FRCP69; L.R. 69−1); Plaintiff's Affidavit &Memorandum of Points and Authorities filedby plaintiff Paul Nguyen. Motion set for hearing on 11/1/2010 at 10:00 AM beforeJudge A. Howard Matz. (jp) (Entered: 10/07/2010)

10/06/2010 132 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:MOTION to Alter Judgment re Default Judgment 127 Or Amend Default Judgment129 . The following error(s) was found: Other error(s) with document(s) arespecified below: Proposed order not submitted pursuant to Local Rule 52−4.1.Notes: Event to be use is: Notice of Lodging − under Category − "NOTICE". Inresponse to this notice the court may order (1) an amended or correct document tobe filed (2) the document stricken or (3) take other action as the court deemsappropriate. You need not take any action in response to this notice unless and untilthe court directs you to do so. (jp) (Entered: 10/06/2010)

10/06/2010 133 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:EX PARTE APPLICATION to Stay pending Enforcement of Judgment 130 . Thefollowing error(s) was found: Other error(s) with document(s) are specified below:Proposed order not submitted pursuant to Local Rule 52−4.1. Notes: Event to beuse is: Notice of Lodging − under Category − "NOTICE". In response to this noticethe court may order (1) an amended or correct document to be filed (2) thedocument stricken or (3) take other action as the court deems appropriate. Youneed not take any action in response to this notice unless and until the court directsyou to do so. (jp) (Entered: 10/06/2010)

10/06/2010 134 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:MOTION for Relief from Judgment 131 . The following error(s) was found: Othererror(s) with document(s) are specified below: Proposed order not submittedpursuant to Local Rule 52−4.1. Notes: Event to be use is: Notice of Lodging −under Category − "NOTICE". In response to this notice the court may order (1) anamended or correct document to be filed (2) the document stricken or (3) take otheraction as the court deems appropriate. You need not take any action in response tothis notice unless and until the court directs you to do so. (jp) (Entered:10/06/2010)


10/06/2010 135 DENIED BY ORDER of Judge A. Howard Matz as to Ex Parte Application to StayEnforcement of Judgment 130 . (jp) (Entered: 10/06/2010)

10/06/2010 136 EX PARTE APPLICATION to Enforce Judgment for Specific Act by FirstAmerican Loanstar Trustee Services, filed by Plaintiffs Laura Nguyen and PaulNguyen.(kbr) (Entered: 10/07/2010)

10/06/2010 137 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to EXPARTE APPLICATION for a Stay Pursuant to federal Rules of Civil ProcedureRule 62 130 , filed by Plaintiffs Laura Nguyen and Paul Nguyen. (kbr) (Entered:10/07/2010)

10/07/2010 138 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A.Howard Matz, ORDERING Motion for Issuance of Writ of Exeuction; Affidavit;Memorandum of Points and Authorities submitted by Plaintiff Paul Nguyenreceived on 10/5/2010 to be filed and processed; filed date to be the date thedocument was stamped Received but not Filed with the Clerk. (jp) (Entered:10/07/2010)

10/07/2010 140 OPPOSITION re: EX PARTE APPLICATION to Enforce Judgment for SpecificAct by First American Loanstar Trustee Services 136 filed by Defendants ChaseBank USA, N.A., Chase Home Finance, LLC. (Yoo, S) (Entered: 10/07/2010)

10/07/2010 141 OPPOSITION to EX PARTE APPLICATION to Enforce Judgment for SpecificAct by First American Loanstar Trustee Services 136 First American LoanstarTrustee Services, LLC's Response to Plaintiffs' Ex Parte Application for SpecificAct; Declaration of T. Robert Finlay filed by Defendant First American LoanstarTrustee Services. (Finlay, T) (Entered: 10/07/2010)

10/09/2010 142 NOTICE OF APPEAL to the 9th CCA filed by defendants Chase Bank USA, N.A.,Chase Home Finance, LLC. Appeal of Default Judgment,,, 127 (Appeal fee FEENOT PAID.) (Yoo, S) (Entered: 10/09/2010)

10/09/2010 143 Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE:Notice of Appeal to 9th Circuit Court of Appeals 142 (Yoo, S) (Entered:10/09/2010)

10/12/2010 144 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition toDefendants MOTION to Alter Judgment re Default Judgment Or Amend Judgment129 . Proposed Order, filed by Plaintiffs Laura Nguyen, Paul Nguyen. (jp)(Entered: 10/13/2010)

10/12/2010 145 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition toDefendants MOTION for Relief from Judgment under Rule 60(b) and Relief fromDefault under Rule 55(c) 131 . Proposed Order. filed by Plaintiffs Laura Nguyen,Paul Nguyen. (jp) (Entered: 10/13/2010)

10/13/2010 146 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 142 as toDefendants Chase Bank USA, N.A. and Chase Home Finance, LLC; ReceiptNumber: LA001097 in the amount of $455. (dmap) (Entered: 10/14/2010)

10/13/2010 147 NOTIFICATION by Circuit Court of Appellate Docket Number 10−56612, 9thCCA regarding Notice of Appeal to 9th Circuit Court of Appeals 142 as toDefendants Chase Bank USA, N.A., Chase Home Finance, LLC. (lr) (Entered:10/14/2010)

10/25/2010 148 REPLY to Opposition to MOTION to Alter Judgment re Default Judgment,,, 127 .Or Amend Default Judgment MOTION to Alter Judgment re Default Judgment,,,127 . Or Amend Default Judgment 129 filed by Defendants Chase Bank USA,N.A., Chase Home Finance, LLC. (Sorich, John) (Entered: 10/25/2010)

10/25/2010 149 REPLY to Opposition to MOTION for Relief from Judgment under Rule 60(b) ofFederal Rules of Civil Procedure and Relief from Default under Rule 55(c) reDefault Judgment,,, 127 MOTION for Relief from Judgment under Rule 60(b) ofFederal Rules of Civil Procedure and Relief from Default under Rule 55(c) reDefault Judgment,,, 127 131 filed by Defendants Chase Bank USA, N.A., ChaseHome Finance, LLC. (Sorich, John) (Entered: 10/25/2010)


10/29/2010 150 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: The hearing forPlaintiffs MOTION for Issuance of Writ of Execution 139 currently on calendar for11/1/2010 at 10:00 AM., is hereby recalendared to 11/8/2010 at 10:00 AM. Allother dates are unaffected. (jp) (Entered: 10/29/2010)

10/29/2010 151 NOTICE OF MOTION AND MOTION for Sanctions pursuant to Rule 11 of theFederal Rules of Civil Procedure, filed by Plaintiffs Laura Nguyen and PaulNguyen. Motion set for hearing on 11/22/2010 at 10:00 AM before Judge A.Howard Matz. (kbr) (Entered: 10/29/2010)

10/29/2010 152 CERTIFICATE OF SERVICE filed by Plaintiffs Laura Nguyen and Paul Nguyen,re MOTION for Sanctions 151 served on 10/29/10. (kbr) (Entered: 10/29/2010)

11/01/2010 153 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: Given the plethoraof motions now before the Court, and without there being any basis for the partiesto infer how the Court will rule on those motions, the Court directs each of theParties in this matter separately to provide the further information specified below,by no later than 11/5/2010. (See attached Minute Order for further information).(jp) (Entered: 11/01/2010)

11/05/2010 154 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz. Defendants arehereby ORDERED to tell this Court in writing by no later than 4:00 PM today,November 5, 2010, how they intend to proceed given the Ninth Circuit's November4, 2010 Order (No. 10−56612), 9 . (kbr) (Entered: 11/05/2010)

11/05/2010 155 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz. On the Court'sown motion, the Court continues the hearing on (1) the MOTION to AlterJudgment re Default Judgment 129 ; (2) the MOTION for Relief from Judgment131 ; and (3) the MOTION for Issuance of Writ of Execution 139 from November8, 2010 to Wednesday, November 10, 2010 at 10:00 a.m. (kbr) (Entered:11/05/2010)

11/05/2010 156 AMENDED MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: Onthe court own motion, the Court CONTINUES the hearing on (1) the MOTION toAlter Judgment re Default Judgment Or Amend Default Judgment filed bydefendants Chase Bank USA, N.A., Chase Home Finance, LLC 129 ; (2) theMOTION for Relief from Judgment under Rule 60(b) of Federal Rules of CivilProcedure and Relief from Default under Rule 55(c) re Default Judgment filed bydefendants Chase Bank USA, N.A., Chase Home Finance, LLC 131 ; and (3) theMOTION for Issuance of Writ of Execution (FRCP 69; L.R. 69−1) filed byplaintiff Paul Nguyen 139 from 11/8/2010 to 11/10/2010 at 2:00 PM. (jp) (Entered:11/05/2010)

11/05/2010 157 RESPONSE filed by Defendants Chase Bank USA, N.A., Chase Home Finance,LLCto Minutes of In Chambers Order/Directive − no proceeding held, 153 (Yoo,S) (Entered: 11/05/2010)

11/05/2010 158 RESPONSE to Court Order Dated Nov. 1, 2010 153 , filed by Plaintiffs LauraNguyen and Paul Nguyen. (kbr) (Entered: 11/05/2010)

11/05/2010 159 BRIEF filed by Defendant First American Loanstar Trustee Services. Re TILAHypothetical (Finlay, T) (Entered: 11/05/2010)

11/08/2010 160 MINUTE IN CHAMBERS by Judge A. Howard Matz: Counsel for DefendantChase Bank USA, N.A., is hereby ORDERED to show cause in writing by no laterthan 10:00 AM Wednesday, 11/10/2010 why they should not be fined as followsfor failing to comply with the Court 11/5/2010 Order (Docket No. 154): John M.Sorich: $500.00; Theodore E. Bacon: $500.00; S. Christopher Yoo: $750.00. (jp)(Entered: 11/08/2010)

11/08/2010 161 NOTICE Change of Firm Name filed by defendants Chase Bank USA, N.A., ChaseHome Finance, LLC. (Yoo, S) (Entered: 11/08/2010)

11/08/2010 162 RESPONSE filed by Defendants Chase Bank USA, N.A., Chase Home Finance,LLCto Minutes of In Chambers Order/Directive − no proceeding held, 154 (Yoo,S) (Entered: 11/08/2010)


11/08/2010 163 DECLARATION of S. Christopher Yoo re Minutes of In ChambersOrder/Directive − no proceeding held, Set/Reset Deadlines,, 160 filed byDefendants Chase Bank USA, N.A., Chase Home Finance, LLC. (Yoo, S)(Entered: 11/08/2010)

11/08/2010 164 DECLARATION of John M. Sorich re Minutes of In Chambers Order/Directive −no proceeding held, Set/Reset Deadlines,, 160 filed by Defendants Chase BankUSA, N.A., Chase Home Finance, LLC. (Sorich, John) (Entered: 11/08/2010)

11/09/2010 165 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz. The Court will notimpose sanctions on counsel for the Chase defendants for their failure to respondtimely to the Court's November 5, 2010 Order. Accordingly, the Court dischargesits November 8, 2010 order to show cause. (kbr) (Entered: 11/09/2010)

11/09/2010 166 NOTICE Change of Firm Name filed by Defendants Chase Bank USA, N.A.,Chase Home Finance, LLC. (Bacon, Theodore) (Entered: 11/09/2010)

11/09/2010 167 DECLARATION of Theodore E. Bacon re Minutes of In ChambersOrder/Directive − no proceeding held, Set/Reset Deadlines,, 160 Declaration inResponse to Court Order Dated November 8, 2010 filed by Defendants ChaseBank USA, N.A., Chase Home Finance, LLC. (Bacon, Theodore) (Entered:11/09/2010)

11/10/2010 168 MINUTES OF Motion Hearing held before Judge A. Howard Matz: As to MotionsDE 129, DE 131, and DE 139, Court hears oral argument and takes the motionsunder submission. Court Reporter: Cindy Nirenberg. (se) (Entered: 11/10/2010)

11/10/2010 169 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: The Court ordersPlaintiff Paul Nguyen to file a declaration under penalty of perjury by no later thanFriday, November 12, 2010, containing the full information about the statementmade in Court today regarding his phone conversation with Mr. S. Christopher Yoothat took place two weeks prior to his May 2009 deposition. Mr. Yoo may respondto Plaintiffs declaration by no later than Monday, November 14, 2010. (se)(Entered: 11/10/2010)

11/12/2010 170 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz. The Court ordersPlaintiff Paul Nguyen to file a declaration under penalty of perjury by no later thanFriday, November 12, 2010, containing the full information about the statementmade in Court today regarding his phone conversation with Mr. S. Christopher Yoothat took place two weeks prior to his May 2009 deposition. Mr. Yoo may respondto Plaintiff's declaration by no later than Monday, November 15, 2010. (kbr)(Entered: 11/12/2010)

11/12/2010 171 TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: severalbetween 08−16−10 through 11−16−10; Court Reporter: Cindy Nirenberg; Court ofAppeals Case Number: 10−56612; Re: 142 (Yoo, S) (Entered: 11/12/2010)

11/12/2010 172 DECLARATION of Paul Nguyen Pursuant to Court Order dated 11/10/10 169 ,filed by Plaintiff Paul Nguyen. (kbr) (Entered: 11/12/2010)

11/15/2010 173 DECLARATION of S. Christopher Yoo re Minutes of In ChambersOrder/Directive − no proceeding held, 170 filed by Defendants Chase Bank USA,N.A., Chase Home Finance, LLC. (Yoo, S) (Entered: 11/15/2010)

11/17/2010 174 MINUTE IN CHAMBERS by Judge A. Howard Matz: On the Court own motion,the Court hereby takes OFF−CALENDAR and UNDER SUBMISSION PlaintiffsMotion for Sanctions Pursuant to Rule 11 of FRCP 151 . The parties will benotified if a hearing is necessary. (jp) (Entered: 11/17/2010)

12/01/2010 175 STIPULATION REGARDING SELECTION of Attorney Settlement Officer Filed;Parties stipulate that Hon. Howard Matz or any Magistrate Judge may serve asAttorney Settlement Officer for an early settlement conference. Filed byDefendants Chase Bank USA, N.A., Chase Home Finance, LLC (Attachments: # 1Proposed Order)(Yoo, S) (Entered: 12/01/2010)

12/07/2010 176 Payment of $455.00 was processed via Pay.gov on 10/8/2010 tracking ID NO:0973−7641975. On October 13, 2010, a payment of $455.00 was mailed via Checksee document control number 146. A refund of $455.00 will be returned as a


duplicate payment re: Notice of Appeal to 9th Circuit Court of Appeals 142 .(Attachments: # 1 Request for refund) (dmap) (Entered: 12/07/2010)

12/10/2010 177 MINUTE IN CHAMBERS by Judge A. Howard Matz: The Court GRANTS theParties request to pursue a settlement conference. Magistrate Judge Wistrich hasagreed to serve as the mediator. The Parties should contact Judge Wistrich clerk ofrecord to set a date for the mediation, with the expectation that the date probablywill be in mid−January 2011. The Parties will be required to conform scrupulouslyto Judge Wistrichs rules and procedures for settlement conferences. The motionscurrently pending before this Court will be taken under submission pending theresult of the settlement conference. (jp) (Entered: 12/10/2010)

12/15/2010 178 MINUTE ORDER SCHEDULING SETTLEMENT CONFERENCE by MagistrateJudge Andrew J. Wistrich. The parties are directed to appear for a settlementconference on January 10, 2011, 3:30 p.m. Each party shall deliver a confidentialsettlement conference statement to the chambers of the Magistrate Judge on orbefore January 3, 2011. IT IS SO ORDERED. (mz) (Entered: 12/15/2010)

12/16/2010 179 MINUTE ORDER RESCHEDULING SETTLEMENT CONFERENCE TIME,178 by Magistrate Judge Andrew J. Wistrich. Due to a clerical error, the minuteorder dated December 15, 2010 stated the settlement conference is calendared forJanuary 10, 2011 at 3:30 p.m. The parties are informed the correct time for thesettlement conference is 1:30 p.m. on January 10, 2011. IT IS SO ORDERED.(mz) (Entered: 12/16/2010)

01/11/2011 180 MINUTE ORDER IN CHAMBERS by Magistrate Judge Andrew J. Wistrich:,ORDER by Magistrate Judge Andrew J. Wistrich Set hearings( SettlementConference set for 2/9/2011, 01:30 PM before Magistrate Judge Andrew J.Wistrich.) (yb) (Entered: 01/11/2011)

01/11/2011 181 MINUTES OF Settlement Conference held before Magistrate Judge Andrew J.Wistrich:No settlement was achieved, but significant progress was made. Theparties are directed to contact the clerk promptly for the purposes of scheduling afurther settlement conference to occur within approximately three weeks. (yb)(Entered: 01/11/2011)

01/26/2011 182 First AMENDED TRANSCRIPT DESIGNATION AND ORDERING FORM ForDates: 08/23/2010; Court Reporter: Cindy Nirenberg; Court of Appeals CaseNumber: 10−56612; Re: 142 (Yoo, S) (Entered: 01/26/2011)

02/04/2011 183 TRANSCRIPT for proceedings held on 8/23/10 11:00 am. Court Reporter: CindyNirenberg, www.cindynirenberg.com. Transcript may be viewed at the court publicterminal or purchased through the Court Reporter before the deadline for Releaseof Transcript Restriction. After that date it may be obtained through the CourtReporter or PACER. Notice of Intent to Redact due within 7 days of this date.Redaction Request due 2/25/2011. Redacted Transcript Deadline set for 3/7/2011.Release of Transcript Restriction set for 5/5/2011. (Nirenberg, Cindy) (Entered:02/04/2011)

02/04/2011 184 NOTICE OF FILING TRANSCRIPT filed for proceedings 8/23/10 11:00 am(Nirenberg, Cindy) (Entered: 02/04/2011)

02/09/2011 185 MINUTES OF Settlement Conference held before Magistrate Judge Andrew J.Wistrich. The Court conducted a further settlement conference in this caseonFebruary 9, 2011. Appropriate representatives of all parties were present.Although no settlement was achieved during the conference, the parties madesubstantial progress toward settlement. The parties will continue their efforts tosettle this case. If no settlement has been reached by March 1, 2011, theparties aredirected to contact the clerk for the purpose of scheduling a further settlementconference. IT IS SO ORDERED. (mz) (Entered: 02/10/2011)

03/01/2011 186 MINUTE ORDER SETTING FURTHER SETTLEMENT CONFERENCE byMagistrate Judge Andrew J. Wistrich. The parties are directed to appear for afurther settlement conference on March 23, 2011, at 3:30 p.m. IT IS SOORDERED. (mz) (Entered: 03/01/2011)


03/24/2011 187 MINUTES OF Settlement Conference held before Magistrate Judge Andrew J.Wistrich: No settlement was achieved, however the parties will be continuing theirefforts to reach a settlement. Defendant's counsel is directed to contact the clerkwithin 21 days to inform the court of the status of settlement negotiations and toschedule a further settlement conference, if necessary. (yb) (Entered: 03/24/2011)

04/14/2011 188 MINUTE ORDER SETTING FURTHER SETTLEMENT CONFERENCE byMagistrate Judge Andrew J. Wistrich. The parties are directed to appear for afurther settlement conference on June 14, 2011, at 3:30 p.m. IT IS SO ORDERED.(mz) (Entered: 04/14/2011)

04/19/2011 189 MINUTE ORDER REGARDING SETTLEMENT CONFERENCECALENDARED ON JUNE 14, 2011 by Magistrate Judge Andrew J. Wistrich. Toavoid any confusion, both plaintiffs − Paul Nguyen and Laura Nguyen− aredirected to attend in person the settlement conference calendared for June 14, 2011,at 3:30 p.m. in Courtroom 690 located at the Roybal Federal Courthouse, 255 E.Temple Street, Los Angeles, California. Ms. Nguyen may have counsel with herduring the pendency of the settlement discussions. IT IS SO ORDERED. (mz)(Entered: 04/19/2011)

06/15/2011 190 MINUTES OF FurtherSettlement Conference held before Magistrate JudgeAndrew J. Wistrich: No settlement was achieved. (yb) (Entered: 06/15/2011)

06/22/2011 191 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: Status Conferenceset for 6/30/2011 at 11:00 AM before Judge A. Howard Matz. Parties shall fileseparate status reports. (se) (Entered: 06/22/2011)

06/22/2011 192 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: re: Minutes of InChambers Order 191 : Status Reports due by 6/28/2011. (se) (Entered: 06/22/2011)

06/28/2011 193 STATUS REPORT IN RESPONSE TO ORDER DATED JUNE 22, 2011 filed byDefendants Chase Bank USA, N.A., Chase Home Finance, LLC. (Yoo, S)(Entered: 06/28/2011)

06/29/2011 194 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A.Howard Matz ORDERING Status Report in Response to Order Dated June 22,2011 submitted by Plaintiffs Laura Nguyen, Paul Nguyen received on 6/29/2011 tobe filed and processed; filed date to be the date the document was stampedReceived but not Filed with the Clerk. (jp) (Entered: 06/30/2011)

06/29/2011 195 STATUS REPORT in Response to Order Dated June 22, 2011 filed by PlaintiffsLaura Nguyen, Paul Nguyen. (jp) (Entered: 06/30/2011)

06/30/2011 196 MINUTES OF STATUS CONFERENCE FOLLOWING FAILED MEDIATIONbefore Judge A. Howard Matz: Status Conference held. Mr. Sorich shall submit astatus report to the Court. Mr. Sorich shall also file a statement summarizingDefendants analysis of how much money Defendants claim Mr. Nguyen wouldhave to provide them in order to consummate rescission. Mr. Nguyen shall providethe Court with the contact information and State Bar Number of Ms. Diane Beall,counsel to Ms. Laura Nguyen in the divorce proceedings. The pending motions(five total) remain under submission. All previous orders of this Court remain inplace. No foreclosure proceedings or any other actions are to be taken against theproperty at issue. Court Reporter: Cindy Nirenberg. (jp) (Entered: 07/01/2011)

07/20/2011 197 TRANSCRIPT for proceedings held on 6/30/11 11:00 am. Court Reporter: CindyNirenberg, www.cindynirenberg.com. Transcript may be viewed at the court publicterminal or purchased through the Court Reporter before the deadline for Releaseof Transcript Restriction. After that date it may be obtained through the CourtReporter or PACER. Notice of Intent to Redact due within 7 days of this date.Redaction Request due 8/10/2011. Redacted Transcript Deadline set for 8/20/2011.Release of Transcript Restriction set for 10/18/2011. (Nirenberg, Cindy) (Entered:07/20/2011)

07/20/2011 198 NOTICE OF FILING TRANSCRIPT filed for proceedings 6/30/11 11:00 am(Nirenberg, Cindy) (Entered: 07/20/2011)

07/28/2011 199 STATUS REPORT in response to Order dated June 30, 2011 filed by DefendantsChase Bank USA, N.A., Chase Home Finance, LLC. (Sorich, John) (Entered:


07/28/2011)

07/29/2011 200 STATEMENT summarizing rescission in response to Order dated June 30, 2011re: Order on Motion to Alter Judgment, Order on Motion for Relief, Order on ExParte Application to Enforce, Order on Motion for Issuance, Order on Motion forSanctions, Status Conference,,,,,,,,,,,, 196 . (Sorich, John) (Entered: 07/29/2011)

08/12/2011 201 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz. The Court hasreviewed the transcript of the June 30, 2011 status conference, the Status Reportfiled by the Chase parties 199 and the "Statement Summarizing Rescission" filedby those parties 200 . The Court has provided those materials to Magistrate JudgeWistrich. The Court expects to be able to discuss with Judge Wistrich what steps totake next, sometime toward late August. Meanwhile, the parties need not, andshould not, take further steps to litigate this action. (kbr) (Entered: 08/12/2011)

09/15/2011 202 MINUTE ORDER IN CHAMBERS by Judge A. Howard Matz: Court issuesFindings, and orders plaintiffs and Chase Bank to attend mediation as ordered. (se)(Entered: 09/16/2011)

09/30/2011 203 MINUTE IN CHAMBERS by Judge A. Howard Matz: With the parties' consent,the Court hereby sets a mediation hearing date of Friday, October 14, 2011 at 1:30PM. (jp) (Entered: 09/30/2011)

10/03/2011 204 ORDER REGARDING SETTLEMENT CONFERENCE BEFORE THIS COURTby Judge A. Howard Matz: The Court has agreed to conduct the settlementconference in this matter. TheCourt has a keen interest in helping the partiesachieve settlement. To facilitate the settlement conference, the Court hereby ordersas follows: Settlement Conference set for 10/14/2011 at 1:30 PM. (See attachedOrder for further information.) (jp) (Entered: 10/03/2011)
