Speros v. CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62 et al
| California Southern District Court | |
| Judge: | William Q Hayes |
| Referred: | William V Gallo |
| Case #: | 3:16-cv-02018 |
| Nature of Suit | 290 Real Property - All Other Real Property |
| Cause | 15:1692 Fair Debt Collection Act |
| Case Filed: | Aug 11, 2016 |
| Terminated: | Feb 21, 2017 |
| Last checked: Tuesday Feb 07, 2017 1:16 AM PST |
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Defendant
CWALT, Inc.
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Represented By
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Defendant
CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62
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Represented By
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Defendant
Does 1-10
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Defendant
Roes 1-10
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Defendant
The Bank of New York Mellon
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Represented By
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Defendant
The Certificate Holders of the CWALT, Inc.
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Represented By
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Plaintiff
Markham Speros
4692 Finsen Ave.
San Diego, CA 92122 |
GPO
Nov 29 2016
ORDER: The Motion to Dismiss 5, Motion to Strike 6, Amended Motion to Dismiss 12, and Amended Motion to Strike 13 are Denied as moot. Signed by Judge William Q. Hayes on 11/29/2016. (All non-registered users served via U.S. Mail Service)(dxj) |
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GPO
Feb 17 2017
ORDER: The motion to dismiss filed by BNYM is granted. (Dkt # 18). Plaintiff's amended complaint against all named Defendants is dismissed with prejudice. The motion to strike filed by BNYM is denied as moot. (Dkt # 19). Signed by Judge William Q. Hayes on 2/17/2017. (All non-registered users served via U.S. Mail Service.) (mdc) (jao). |
| Docket last updated: 68 minutes ago |
| Tuesday, November 28, 2017 | ||
| 39 | 39
appeal
USCA Mandate
Tue 11/28 8:55 AM
MANDATE of USCA affirming the decision of the USDC as to34 Notice of Appeal to the 9th Circuit filed by Markham Speros. (akr) |
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| Monday, June 19, 2017 | ||
| 38 | 38
order
Order on Motion for Leave to Appeal In Forma Pauperis
Mon 06/19 11:42 AM
ORDER: IT IS HEREBY ORDERED that Petitioner's35 motion to proceed IFP on appeal is granted. Signed by Judge William Q. Hayes on 6/19/2017. (USCA Case Number 17-55351 Order electronically transmitted to the US Court of Appeals. All non-registered users served via U.S. Mail Service.) (akr) |
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| Friday, March 17, 2017 | ||
| 37 | 37
appeal
USCA Time Schedule Order
Fri 03/17 1:15 PM
USCA Time Schedule Order as to34 Notice of Appeal to 9th Circuit filed by Markham Speros. (akr) |
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| 36 | 36
appeal
USCA Case Number
Fri 03/17 1:13 PM
USCA Case Number 17-55351 for34 Notice of Appeal to 9th Circuit filed by Markham Speros. (akr) |
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| Wednesday, March 15, 2017 | ||
| 35 | 35
motion
Appeal In Forma Pauperis
Thu 03/16 2:11 PM
MOTION/Application to Proceed in District Court without Prepaying Fees or Costs (on appeal), by Markham Speros. (Submitted t/w34 Notice of Appeal.) (akr) |
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| 34 | 34
appeal
Notice of Appeal to 9th Circuit
Thu 03/16 2:08 PM
NOTICE OF APPEAL to the 9th Circuit t/w Application to Proceed in District Court without Prepaying Fees or Costs as to32 Order, by Markham Speros. IFP Filed. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) |
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| Tuesday, February 21, 2017 | ||
| 33 | 33
order
Judgment - Clerk
Tue 02/21 3:50 PM
CLERK'S JUDGMENT: IT IS SO ORDERED AND ADJUDGED that the motion to dismiss is granted. Plaintiff's amended complaint against all named Defendants is dismissed with prejudice. The motion to strike is denied as moot. (All non-registered users served via U.S. Mail Service.) (mdc) |
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| Friday, February 17, 2017 | ||
| 32 | 32
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 02/21 3:27 PM
ORDER: The motion to dismiss filed by BNYM is granted. (Dkt #18 ). Plaintiff's amended complaint against all named Defendants is dismissed with prejudice. The motion to strike filed by BNYM is denied as moot. (Dkt #19 ). Signed by Judge William Q. Hayes on 2/17/2017. (All non-registered users served via U.S. Mail Service.) (mdc) |
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| Friday, December 23, 2016 | ||
| 31 | 31
notice
Notice (Other)
Mon 12/26 9:06 AM
Oral Argument Waiver by Markham Speros. NUNC PRO TUNC 12/19/2016, per Order (Dkt #30 ). (mdc) |
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| 30 | 30
order
Notice and Order of Document Discrepancies
Mon 12/26 9:03 AM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Oral Argument Waiver, from Plaintiff Markham Speros. Non-compliance with local rule(s), Supplemental documents require court order. The document is to be filed Nunc Pro Tunc to date received (12/19/2016). Signed by Judge William Q. Hayes on 12/23/2016. (All non-registered users served via U.S. Mail Service.) (mdc) |
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| 29 | 29
respm
Reply - Other
Fri 12/23 1:07 PM
REPLY - Other re18 MOTION to Dismiss for Failure to State a Claim filed by CWALT, Inc., CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven) |
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Att: 1
Proof of Service
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| Monday, December 19, 2016 | ||
| 28 | 28
respm
Response in Opposition to Motion
Tue 12/20 10:46 AM
RESPONSE in Opposition re18 MOTION to Dismiss for Failure to State a Claim filed by Markham Speros. NUNC PRO TUNC 12/12/2016, per Order (Dkt #27 ). (mdc) |
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| 27 | 27
order
Notice and Order of Document Discrepancies
Tue 12/20 10:45 AM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Oposition to Motion to Dismiss, from Plaintiff Markham Speros. Non-compliance with local rule(s), OTHER: Duplicate Filing - See Doc # 21-22. The document is to be filed Nunc Pro Tunc to date received (12/12/2016). Signed by Judge William Q. Hayes on 12/19/2016. (All non-registered users served via U.S. Mail Service.) (mdc) |
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| 26 | 26
misc
Letter
Tue 12/20 10:37 AM
Letter from Plaintiff Markham Speros. NUNC PRO TUNC 12/12/2016, per Order (Dkt #25 ). (mdc) |
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| 25 | 25
order
Notice and Order of Document Discrepancies
Tue 12/20 10:35 AM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Ex Parte Letter, from Plaintiff Markham Speros. Non-compliance with local rule(s), OTHER: Ex Parte Communication; No provisions for acceptance. The document is to be filed Nunc Pro Tunc to date received (12/12/2016). Signed by Judge William Q. Hayes on 12/19/2016. (All non-registered users served via U.S. Mail Service.) (mdc) |
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| 24 | 24
respm
Non Opposition to Motion
Mon 12/19 11:12 AM
NON Opposition re19 MOTION to Strike Portions of Plaintiff's First Amended Complaint filed by CWALT, Inc., CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven) |
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Att: 1
Proof of Service
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| 23 | 23
respm
Reply to Response to Motion
Mon 12/19 11:09 AM
REPLY to Response to Motion re18 MOTION to Dismiss for Failure to State a Claim filed by CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven) |
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Att: 1
Proof of Service
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| Wednesday, December 07, 2016 | ||
| 22 | 22
respm
Response in Opposition to Motion
Wed 12/07 1:40 PM
Plaintiff's Opposition To Defendants' Motion to Dismmiss Plaintiff's First Amended Complaint With Prejudice Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6) re18 MOTION to Dismiss for Failure to State a Claim filed by Markham Speros. NUNC PRO TUNC 12/5/2016, per Order (Dkt #21 ) (All non-registered users served via U.S. Mail Service(dxj). |
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| 21 | 21
order
Notice and Order of Document Discrepancies
Wed 12/07 1:21 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Plaintiff's Opposition to Defendants' Motion to Dismiss Plaintiff's First Amended Complaint With Prejudice Pursuant to Federal Rules of Civil Procedure 12(B)(1) and 12(B)(6), from Plaintiff Markham Speros. Non-compliance with local rule(s), Civ. L. Rule 7.1: Missing table of contents. Nunc Pro Tunc 12/5/2016. Signed by Judge William Q. Hayes on 12/7/2016.(All non-registered users served via U.S. Mail Service)(dxj) |
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| Tuesday, November 29, 2016 | ||
| 20 | 20
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike
Wed 11/30 10:25 AM
ORDER: The Motion to Dismiss5 , Motion to Strike6 , Amended Motion to Dismiss12 , and Amended Motion to Strike13 are Denied as moot. Signed by Judge William Q. Hayes on 11/29/2016. (All non-registered users served via U.S. Mail Service)(dxj) |
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| Monday, November 21, 2016 | ||
| 19 | 19
motion
Strike
Mon 11/21 4:30 PM
MOTION to Strike Portions of Plaintiff's First Amended Complaint by CWALT, Inc., CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Proof of Service
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| 18 | 18
motion
Dismiss for Failure to State a Claim
Mon 11/21 4:28 PM
MOTION to Dismiss for Failure to State a Claim by CWALT, Inc., CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Proof of Service,
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Att: 3
Request for Judicial Notice,
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Att: 4
Exhibit A through Q,
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Att: 5
Proof of Service
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| Wednesday, November 16, 2016 | ||
| 17 | 17
misc
Letter
Thu 11/17 1:25 PM
Letter to The Court from Plaintiff Markham Speros. NUNC PRO TUNC 11/15/2016, per Order (Dkt #16 ). (mdc) |
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| 16 | 16
order
Notice and Order of Document Discrepancies
Thu 11/17 1:21 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Letter (Ex Parte) and Amended Complaint, from Plaintiff Markham Speros. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. The document is to be filed Nunc Pro Tunc to date received (11/15/2016). Signed by Judge William Q. Hayes on 11/16/2016. (All non-registered users served via U.S. Mail Service. Docket address (4692 Finsen Ave., San Diego, CA) matches pleading address.) (mdc) |
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| 15 | 15
cmp
Amended Complaint
Wed 11/16 1:12 PM
FIRST AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Markham Speros. NUNC PRO TUNC 11/4/2016, per Order (Dkt #14 ). (mdc) |
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| 14 | 14
order
Notice and Order of Document Discrepancies
Wed 11/16 1:07 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Amended Complaint, from Plaintiff Markham Speros. Non-compliance with local rule(s), OTHER: Supplemental documents require court order. The document is to be filed Nunc Pro Tunc to date received (11/4/2016). Signed by Judge William Q. Hayes on 11/16/2016. (All non-registered users served via U.S. Mail Service to both plaintiff's docket address (4692 Finsen Ave., San Diego, CA) and amended complaint address (1063 Via Alta, Burbank, CA).) (mdc) |
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| Wednesday, November 02, 2016 | ||
| 13 | 13
motion
Strike
Wed 11/02 5:52 PM
Amended MOTION to Strike Portions of Plaintiff's Complaint by CWALT, Inc., CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Proof of Service
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| 12 | 12
motion
Dismiss for Failure to State a Claim
Wed 11/02 5:47 PM
Amended MOTION to Dismiss for Failure to State a Claim by CWALT, Inc., CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Proof of Service,
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Att: 3
Request for Judicial Notice,
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Att: 4
Exhibit A - Q,
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Att: 5
Proof of Service
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| 11 | 11
respm
Response in Opposition to Motion
Wed 11/02 2:52 PM
RESPONSE in Opposition re Dkt #5 MOTION to Dismiss for Failure to State a Claim filed by Markham Speros. NUNC PRO TUNC 10/28/2016, per Order (Dkt #10 ). (mdc) |
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| 10 | 10
order
Notice and Order of Document Discrepancies
Wed 11/02 2:50 PM
Notice of Document Discrepancies and Order Thereon by Judge William Q. Hayes Accepting Document: Opposition to Motion To Dismiss Complaint, from Plaintiff Markham Speros. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation. The document is to be filed Nunc Pro Tunc to date received (10/28/2016). Signed by Judge William Q. Hayes on 11/2/2016. (All non-registered users served via U.S. Mail Service.) (mdc) |
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| Friday, October 14, 2016 | ||
| 9 | 9
service
Waiver of Service Executed
Wed 10/19 2:32 PM
WAIVER OF SERVICE Returned Executed by Markham Speros, as to CWALT, Inc. (mdc) (10/18/2016 - Document recd in docketing.) (mdc) |
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| 8 | 8
service
Waiver of Service Executed
Wed 10/19 2:28 PM
WAIVER OF SERVICE Returned Executed by Markham Speros, as to CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62. (mdc) (10/18/2016 - Document recd in docketing.) (mdc) |
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| 7 | 7
service
Waiver of Service Executed
Wed 10/19 2:24 PM
WAIVER OF SERVICE Returned Executed by Markham Speros, as to The Bank of New York Mellon. (mdc) (10/18/2016 - Document recd in docketing.) (mdc) |
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| 6 | 6
motion
Strike
Fri 10/14 5:24 PM
MOTION to Strike Portions of Plaintiff's Complaint by CWALT, Inc., CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Proof of Service
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| 5 | 5
motion
Dismiss for Failure to State a Claim
Fri 10/14 5:22 PM
MOTION to Dismiss for Failure to State a Claim by CWALT, Inc., CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62, The Bank of New York Mellon, The Certificate Holders of the CWALT, Inc..(Dailey, Steven)Attorney Steven M. Dailey added to party CWALT, Inc.(pty:dft), Attorney Steven M. Dailey added to party CWALT, Inc. Alternative Loan Trust 2005-62 Mortgage Pass-Through Certificates, Series 2005-62(pty:dft), Attorney Steven M. Dailey added to party The Bank of New York Mellon(pty:dft), Attorney Steven M. Dailey added to party The Certificate Holders of the CWALT, Inc. (pty:dft) |
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Att: 1
Memo of Points and Authorities,
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Att: 2
Proof of Service,
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Att: 3
Request for Judicial Notice,
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Att: 4
Exhibits A - Q,
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Att: 5
Proof of Service
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| Wednesday, September 14, 2016 | ||
| 4 | 4
service
Summons Issued
Wed 09/14 4:17 PM
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (fth) |
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| Thursday, September 01, 2016 | ||
| 3 | 3
notice
Notice of Change of Address
Fri 09/02 11:55 AM
NOTICE of Change of Address by Markham Speros (dlg) |
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| Thursday, August 11, 2016 | ||
| 2 | 2
notice
Notice of Party With Financial Interest
Thu 08/11 4:47 PM
NOTICE of Party With Financial Interest by Markham Speros. No Parties With Financial Interest. (fth) |
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| 1 | 1
cmp
Complaint
Thu 08/11 4:46 PM
COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400 receipt number CAS084046.), filed by Markham Speros. The new case number is 3:16-cv-2018-WQH-WVG. Judge William Q. Hayes and Magistrate Judge William V. Gallo are assigned to the case.(fth) |
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Att: 1
Civil Cover Sheet
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