Buycks-Roberson v. Citibank Fed Svg Bk

Buycks-Roberson v. Citibank Federal Savings Bank

Buycks-Roberson v. Citibank Federal Savings Bank

162 F.R.D. 322

162 F.R.D. 338

Buycks-Roberson v. Citibank Federal Savings Bank

Buycks-Roberson v. Citibank Federal Savings Bank

Buycks-Roberson v. Citibank Federal Savings Bank

Buycks-Roberson v. Citibank Federal Savings Bank

Buycks-Roberson v. Citibank Federal Savings Bank

David Mikkelson

COMPLAINT; jury demand - Civil cover sheet - Appearance(s) of Fay Clayton, Michael Allen Childers, Hilary I. Alexis as attorney(s) for plaintiff Selma S Buycks-Roberson with Rule 39 affidavits ( Original and one copy of summons(es) issued.) ( Documents: 1-1 through 1-6) (ar) (Entered: 07/08/1994)

CONTINGENCY FEE AGREEMENT (Not in public case file) (ar) (Entered: 07/08/1994)

RECEIPT regarding payment of filing fee paid; on 7/6/94 in the amount of $ 120.00, receipt # 438268. (ar) (Entered: 07/08/1994)

WAIVER of service of summons as to defendant sent on 7/6/94 (fce) (Entered: 07/27/1994)

WAIVER of service of summons as to defendant sent on 7/6/94 (fce) (Entered: 07/27/1994)

MINUTE ORDER of 8/12/94 by Hon. Ruben Castillo : Status hearing set for 09/16/94 at 9:30 a.m. Parties to file a joint status report by 09/13/94. Plaintiff to notify all other parties of the court's order. (See reverse of minute order.) Mailed notice (fce) (Entered: 08/12/1994)

ANSWER to complaint by defendant; Notice of filing. (fce) (Entered: 09/06/1994)

ATTORNEY APPEARANCE for defendant by Robert J. Kriss, Alan Norris Salpeter, Mary Ann Spiegel (fce) (Entered: 09/06/1994)

RULE 39 Affidavit of Alan Norris Salpeter (fce) (Entered: 09/06/1994)

RULE 39 Affidavit of Mary Ann Spiegel (fce) (Entered: 09/06/1994)

MINUTE ORDER of 9/7/94 by Hon. Ruben Castillo : Status hearing reset for 09/21/94 at 9:00 am. Mailed notice (ar) (Entered: 09/08/1994)

JOINT STATUS REPORT by plaintiff (Attachments); Notice of filing. (fce) (Entered: 09/14/1994)

MINUTE ORDER of 9/21/94 by Hon. Ruben Castillo : Status hearing held; continued to 11/17/94 at 9:00 am. Disocvery cutoff on class issues set for 10/31/94. Plaintiff's motion for class certification due 11/15/94. Defendant's response due 12/15/94. Plaintiff's reply due 01/15/95. Non-expert discovery cutoff set for 02/28/95. Both parties to identify experts and comply with Rule 26(a)(2) by 03/30/95. Parties to identify any rebuttal experts and comply with Rule 26(a)(2) by 04/30/94. Expert discovery to be completed 05/31/95. Any motions to join or amend due 12/30/94. Any dispositive motions to be filed by 06/30/95. Parties granted leave to proceed with the discovery outlined in open court. No notice (ar) (Entered: 09/22/1994)

AGREED MOTION to modify briefing schedule on class certification ; Notice of motion (ar) (Entered: 11/01/1994)

MINUTE ORDER of 10/31/94 by Hon. Ruben Castillo : Granting agreed motion to modify briefing schedule on class certification [14-1]. Defendant to respond to plaintiff's discovery requests by 11/07/94. Plaintiff's motion for class certification due 11/22/94. Status hearing reset for 11/22/94 at 9:00 am . Status hearing set for 11/17/94 is vacated. Mailed notice (ar) (Entered: 11/01/1994)

AGREED MOTION by defendant Citibank Fed Svg Bk for entry of agreed protective order (Attachment) (Exhibit); Notice of motion (ar) (Entered: 11/18/1994)

PROTECTIVE ORDER (Exhibit) (ar) (Entered: 11/18/1994)

MINUTE ORDER of 11/17/94 by Hon. Ruben Castillo : Granting defendant's agreed motion for entry of agreed protective order [16-1]. Enter agreed protective order. Mailed notice (ar) (Entered: 11/18/1994)

MOTION by plaintiff Selma S Buycks-Roberson for class certification ; Notice of filing (ar) (Entered: 11/28/1994)

MEMORANDUM by plaintiff Selma S Buycks-Roberson in support of her motion for class certification [19-1] (Exhibits) (ar) (Entered: 11/28/1994)

MINUTE ORDER of 11/22/94 by Hon. Ruben Castillo : Status hearing held; continued to 01/27/95 at 9:00 am. No notice (ar) (Entered: 11/28/1994)

PRELIMINARY RESPONSE by defendant Citibank Fed Svg Bk to plaintiff's motion to compel discovery (Exhibit); Notice of filing (ar) (Entered: 12/15/1994)

MOTION by plaintiff Selma S Buycks-Roberson to compel responses to discovery ; Notice of motion (ar) (Entered: 12/19/1994)

AFFIDAVIT of Hilary Alexis, Esq. regarding her motion to compel responses to discovery [23-1] and memorandum in support [24-1] (Attachments) (ar) (Entered: 12/19/1994)

AMENDED MOTION by plaintiff Selma S Buycks-Roberson to to compel responses to discovery [23-1]; Notice of filing (ar) Modified on 12/19/1994 (Entered: 12/19/1994)

AMENDED MEMORANDUM [24-1] by plaintiff Selma S Buycks-Roberson in support of her motion to compel discovery (Attachments) (ar) (Entered: 12/19/1994)

AFFIDAVIT of Hilary Alexis, Esq. regarding plaintiff's amended motion to compel responses to discovery [26-1] and amended memorandum in support [27-1] (Attachments) (ar) (Entered: 12/19/1994)

MINUTE ORDER of 12/15/94 by Hon. Ruben Castillo : Plaintiff's motion to compel discovery [23-1] is withdrawn. Plaintiff's amended motion to compel discovery [26-1] is granted for reasons stated in open court. Defendants to produce the files in question by 12/30/94. Status hearing set for 01/12/95 at 9:00 am. Defendant's response to plaintiff's motion for class certification [19-1] due 12/19/94. Plaintiff's reply due 01/18/95. No notice (ar) (Entered: 12/19/1994)

MEMORANDUM by defendant Citibank Fed Svg Bk in opposition to plaintiff's motion for class certification [19-1]; Notice of filing (ar) (Entered: 12/20/1994)

APPENDIX filed by defendant Citibank Fed Svg Bk of material filed in support of its memorandum in opposition [30-1] to plaintiff's motion for class certification (1 vol.) (ar) (Entered: 12/20/1994)

PRELIMINARY RESPONSE by defendant Citibank Fed Svg Bk to plaintiff's motion for leave to file amended complaint [32-1]; Notice of filing (ar) (Entered: 01/13/1995)

MOTION by plaintiffs for leave to file amended complaint ; Notice of motion (ar) Modified on 01/30/1995 (Entered: 01/13/1995)

MOTION by plaintiff Selma S Buycks-Roberson for leave to file additional appearance ; Notice of motion (ar) (Entered: 01/13/1995)

MOTION by defendant Citibank Fed Svg Bk for leave to subpoena documents from Dr. Alexandra (Exhibits); Notice of motion (ar) Modified on 01/30/1995 (Entered: 01/13/1995)

MINUTE ORDER of 1/12/95 by Hon. Ruben Castillo : Status hearing held; continued to 03/01/95 at 9:00 am. Status hearing set for 01/27/95 is vacated. Plaintiffs' motion for leave to file amended complaint [32-1] is granted. Defendant to answer or otherwise plead to the amended complaint by 02/13/95. Plaintiffs' motion for leave to file additional appearance [34-1] of Judson H. Miner is granted. Parties are granted leave to complete any additional class discovery by 02/27/95. Defendant to file any supplement response by 03/13/95. Defendant's motion for leave to subpoena documents from Dr. Alexandra [35-1] is denied as moot. Plaintiffs to produce the medical records by 01/26/95. Any medical records in dispute should be produced for an in camera inspection by the court. Mailed notice (ar) Modified on 01/13/1995 (Entered: 01/13/1995)

AMENDED COMPLAINT [1-1] by plaintiff Selma S Buycks-Roberson; adding plaintiffs Calvin R Roberson and Renee Brooks; Notice of filing (ar) (Entered: 01/13/1995)

ATTORNEY APPEARANCE for plaintiffs by Judson H. Miner (ar) (Entered: 01/13/1995)

RULE 39 Affidavit of Judson H. Miner (ar) (Entered: 01/13/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file) (ar) (Entered: 01/13/1995)

CONTINGENCY FEE AGREEMENT (Not in public case file) (ar) (Entered: 01/14/1995)

Document Sealed (pursuant to Court Order) (ar) (Entered: 01/20/1995)

TRANSCRIPT of proceedings for the following date(s): 12/15/94 before Honorable Ruben Castillo (One volume) (fce) (Entered: 01/27/1995)

Document Sealed (pursuant to Court Order) (ar) (Entered: 01/25/1995)

MINUTE ORDER of 1/25/95 by Hon. Ruben Castillo : Counsel for plaintiff advised this court that they have reached a resolution and withdraw their motion to compel further responses to discovery without prejudice. Mailed notice (ar) Modified on 01/30/1995 (Entered: 01/25/1995)

MINUTE ORDER of 1/26/95 by Hon. Ruben Castillo : After an in camera review of the plaintiff's medical records not produced to defendant this court has determined that they are not discoverable under Fed.R.Civ.P. 26 because these records will not lead to potentially admissible evidence. Mailed notice (ar) (Entered: 01/27/1995)

ANSWER TO FIRST AMENDED COMPLAINT by Citibank Fed Svg Bk; Notice of filing. (tlm) (Entered: 02/14/1995)

MOTION by plaintiffs for extension of discovery ; Notice of motion. (fce) (Entered: 03/01/1995)

MINUTE ORDER of 2/23/95 by Hon. Ruben Castillo : Granting plaintiffs' motion for extension of discovery [48-1] Discovery extended to 4/3/95. Status hearing reset to 4/3/95 at 9:00 am. No notice (fce) (Entered: 03/01/1995)

Document Sealed (pursuant to Court Order) (ar) (Entered: 03/13/1995)

NOTICE of filing by defendant Citibank Fed Svg Bk regarding supplemental memorandum in opposition to plaintiffs' motion for class certification [30-1]. (smm) (Entered: 03/15/1995)

REQUEST by defendant for a briefing schedule to respond to plaintiffs' third motion to compel discovery (Exhibit); Notice of filing (fce) (Entered: 03/29/1995)

MOTION by plaintiffs Selma S Buycks-Roberson, Calvin R Roberson, Renee Brooks for extension of discovery ; Notice of motion. (smm) (Entered: 03/31/1995)

MOTION by plaintiffs Selma S Buycks-Roberson, Calvin R Roberson, Renee Brooks for leave to file supplemental memorandum in support of class certification (Attachment); Notice of motion. (smm) (Entered: 03/31/1995)

MINUTE ORDER of 3/30/95 by Hon. Ruben Castillo : Status hearing reset for 5/30/95 at 9:00 a.m. Status hearing set for 4/3/95 is vacated. Defendant's response to plaintiff's third motion to compel discovery due 4/10/95. Plaintiff's reply due 4/24/95. Court will rule by mail. Plaintiff's motion for leave to file supplemental memorandum in support of class certification is granted [55-1]. Plaintiff's motion for extension of discovery is granted [54-1]. Discovery cutoff extended to 7/3/95. Mailed notice. (smm) (Entered: 03/31/1995)

SUPPLEMENTAL MEMORANDUM by plaintiffs Selma S Buycks-Roberson, Calvin R Roberson, Renee Brooks in support of motion for class certification [19-1]. (smm) (Entered: 03/31/1995)

ORDER regarding motion for entry of revised agreed protective order [58-1] (smm) (Entered: 04/04/1995)

MOTION by defendant Citibank Fed Svg Bk for entry of revised agreed protective order (Exhibit); Notice of motion. (smm) (Entered: 04/04/1995)

MINUTE ORDER of 4/3/95 by Hon. Ruben Castillo : Defendant's motion for entry of revised agreed protective order is granted [58-1]. Enter protective order. Mailed notice. (smm) (Entered: 04/04/1995)

Document Sealed (pursuant to Court Order) (smm) (Entered: 04/11/1995)

TRANSCRIPT of proceedings for the following date(s): 3/30/95 Before Honorable Ruben Castillo (smm) (Entered: 04/12/1995)

TRANSCRIPT of proceedings for the following date(s): 2/23/95 Before Honorable Ruben Castillo (smm) (Entered: 04/12/1995)

SCHEDULE set on 4/24/95 by Hon. Ruben Castillo : Status hearing reset to May 31, 1995 at 9:00 a.m. Status hearing set for May 30, 1995 is vacated. Mailed notice (rao) (Entered: 04/24/1995)

REPLY by plaintiffs in support of their motion to compel (Exhibits); Notice of filing (fce) (Entered: 04/26/1995)

RESPONSE by defendant to plaintiffs' sur-reply (Exhibits); Notice of filing (eav) (Entered: 05/15/1996)

RESPONSE by defendant Citibank Fed Svg Bk to plaintiffs' motion for leave to cite additional authority; Notice of filing (fce) (Entered: 06/01/1995)

MOTION by plaintiffs Selma S Buycks-Roberson, Renee Brooks, Calvin R Roberson for leave to cite additional authority in support of their third motion to compel (Exhibits); Notice of motion. (smm) (Entered: 05/26/1995)

MINUTE ORDER of 5/25/95 by Hon. Ruben Castillo : Plaintiffs' motion for leave to cite additional authority in support of their third motion to compel is granted [65-1]. The court will evaluate the defendant's response when it considers this new authority. Mailed notice. (smm) (Entered: 05/26/1995)

SCHEDULE set on 5/26/95 by Hon. Ruben Castillo : Status hearing reset to June 8, 1995 at 9:00 a.m. Mailed notice (rao) (Entered: 05/26/1995)

MOTION by plaintiffs for leave to file the appearances of Jeffrey I. Cummings and Barrack Obama as additional attorneys ; Notice of motion. (fce) (Entered: 06/08/1995)

MINUTE ORDER of 6/7/95 by Hon. Ruben Castillo : Granting plaintiffs' motion for leave to file the appearances of Jeffrey I. Cummings and Barrack Obama as additional attorneys [68-1] for the plaintiffs. Status hearing set for 6/8/95 is stricken. Telephoned notice (fce) (Entered: 06/08/1995)

ATTORNEY APPEARANCE for plaintiffs by Barack H. Obama, Jeffrey Irvine Cummings (fce) (Entered: 06/08/1995)

RULE 39 Affidavit of Jeffrey Irvine Cummings (fce) (Entered: 06/08/1995)

RULE 39 Affidavit of Barack H. Obama (fce) (Entered: 06/08/1995)

MEMORANDUM by defendant in opposition to plaintiffs' motion for sanctions; Notice of filing (fce) (Entered: 06/09/1995)

Document Sealed (pursuant to Court Order) (fce) (Entered: 06/09/1995)

MOTION by defendant Citibank Fed Svg Bk to stay production pursuant to subpoena served on DHM appraisals (Attachments) (Exhibit); Notice of filing. (smm) (Entered: 06/14/1995)

MINUTE ORDER of 6/13/95 by Hon. Ruben Castillo : Defendant's motion to stay production pursuant to subpoena served on DHM appraisals [75-1] is entered and continued generally until the court rules on the pending fully briefed motions. Mailed notice. (smm) (Entered: 06/14/1995)

MOTION by plaintiffs Selma S Buycks-Roberson, Renee Brooks, Calvin R Roberson for discovery sanctions (Attachments); Notice of motion. (smm) (Entered: 06/14/1995)

MINUTE ORDER of 6/13/95 by Hon. Ruben Castillo : Plaintiffs' motion for discovery sanctions [77-1] is entered and continued generally until the court rules on the pending fully briefed motions. Telephone notice. (smm) (Entered: 06/14/1995)

Document Sealed (pursuant to Court Order); Notice of filing.(smm) Modified on 06/14/1995 (Entered: 06/14/1995)

MINUTE ORDER of 6/13/95 by Hon. Ruben Castillo : Plaintiffs' fourth motion to compel discovery is entered and continued generally until the court rules on the pending fully briefed motions. Mailed notice. (smm) (Entered: 06/14/1995)

Document Sealed (pursuant to Court Order); Notice of filing. (smm) (Entered: 06/28/1995)

RESPONSE by defendant Citibank Fed Svg Bk to plaintiffs' motion to vacate 7/3/95 discovery cutoff; Notice of filing. (smm) (Entered: 06/28/1995)

MOTION by plaintiffs to vacate the 07/03/95 discovery cutoff pending the court's ruling on their two outstanding motions to compel (Exhibits); Notice of motion (fce) (Entered: 06/28/1995)

MINUTE ORDER of 6/28/95 by Hon. Ruben Castillo : Granting plaintiffs' motion to vacate the 07/03/95 discovery cutoff pending the court's ruling on their two outstanding motions to compel [84-1]. The 07/03/95 discovery cutoff is hereby vacated. Mailed notice (fce) (Entered: 06/28/1995)

MEMORANDUM OPINION AND ORDER (smm) (Entered: 06/30/1995)

MINUTE ORDER of 6/29/95 by Hon. Ruben Castillo : Enter memorandum opinion and order. Plaintiffs' third motion to compel and plaintiffs' fourth motion to compel are granted. Plaintiffs' motion for sanctions is denied [77-1]. Fact discovery cutoff is extended to 12/29/95. Mailed notice. (smm) (Entered: 06/30/1995)

MEMORANDUM OPINION AND ORDER (smm) (Entered: 06/30/1995)

MINUTE ORDER of 6/29/95 by Hon. Ruben Castillo : Status hearing set to 7/24/95 at 9:00 a.m. Plaintiffs' motion for class certification is granted under Rule 23(b)(2) for purposes of injunctive relief only [19-1]. Plaintiffs are directed to file a joint proposed discovery and litigation schedule before 7/20/95. Mailed notice. (smm) (Entered: 06/30/1995)

MINUTE ORDER of 6/29/95 by Hon. Ruben Castillo : Defendant's motion for a briefing schedule is denied as moot [52-1]. No notice. (smm) (Entered: 06/30/1995)

SECOND AMENDED COMPLAINT [37-1] by plaintiff; Notice of filing (fce) (Entered: 07/14/1995)

MINUTE ORDER of 7/14/95 by Hon. Ruben Castillo : Plaintiffs are granted leave to file a second amended complaint pursuant to the court's prior order which certified the class. No notice. (smm) (Entered: 07/19/1995)

JOINT DISCOVERY plan by plaintiffs Selma S Buycks-Roberson, Calvin R Roberson, Renee Brooks, defendant Citibank Fed Svg Bk; Notice of filing. (smm) (Entered: 07/21/1995)

MOTION by plaintiffs Selma S Buycks-Roberson, Calvin R Roberson, Renee Brooks for leave to to file additional appearance (Attachments); Notice of motion. (smm) (Entered: 07/25/1995)

JOINT DISCOVERY plan by plaintiffs Selma S Buycks-Roberson, Calvin R Roberson, Renee Brooks, defendant Citibank Fed Svg Bk; Notice of filing. (smm) (Entered: 07/25/1995)

AMENDMENT by plaintiffs Selma S Buycks-Roberson, Calvin R Roberson, Renee Brooks, defendant Citibank Fed Svg Bk to protective order [17-1]. (smm) (Entered: 07/25/1995)

MINUTE ORDER of 7/24/95 by Hon. Ruben Castillo : Status hearing held; continued to 8/29/95 at 9:00 a.m. Enter joint discovery plan. All fact discovery to be completed by 12/31/95. All expert discovery to be completed by 7/29/96. Any dispositive motions to be filed by 9/15/96. Enter amendment to protective order. Plaintiffs' agreed motion for leave to to file additional appearance of Sara N. Love is granted [94-1]. Mailed notice. (smm) (Entered: 07/25/1995)

ATTORNEY APPEARANCE for plaintiffs Selma S Buycks-Roberson, Renee Brooks by Sara Norris Love (smm) (Entered: 07/25/1995)

RULE 39 Affidavit of Sara Norris Love (smm) (Entered: 07/25/1995)

ANSWER by defendant Citibank Fed Svg Bk to second amended complaint; Notice of filing. (smm) (Entered: 08/03/1995)