Ben Zakarya v. Wells Fargo Bank, N.A. et al

California Central District Court
Judge:	Sherilyn Peace Garnett
Referred:	Alicia G Rosenberg
Case #:	2:23-cv-08699
Nature of Suit	440 Civil Rights - Other Civil Rights
Cause	28:1441 Notice of Removal - Civil Rights Act

Case Filed:	Oct 16, 2023
Terminated:	Apr 01, 2024
Case in other court:	Los Angeles Superior Court, 23VECV03909

Docket
Parties (3)

Last checked: Saturday Apr 13, 2024 1:29 AM PDT

Defendant Wells Fargo Bank, N.A.	Represented By Katherine Figueroa Severson And Werson Apc contact info Marquis Ian Wraight Severson And Werson, Apc contact info Mark D Lonergan Severson And Werson Apc contact info
Defendant Does
Plaintiff Ben Zakarya 23038 Califa Street Woodland Hills, CA 91367

Docket last updated: 05/02/2025 11:59 PM PDT

Friday, March 21, 2025
40		40 order Minutes of In Chambers Order/Directive - no proceeding held Fri 03/21 5:33 PM MINUTE (IN CHAMBERS) ORDER STRIKING PLAINTIFF'S REPLY39 by Judge Sherilyn Peace Garnett. The Court STRIKES Plaintiffs filing at ECF No. 39.If Plaintiff wishes to pursue new "Civil Action," he should do so by filing a new case and paying the applicable filing fees or by filing a request to proceed in forma pauperis in the new case. (iv) Related: [-]
Monday, March 17, 2025
39		39 respm Reply (Motion related) Mon 03/17 12:55 PM REPLY Response filed by Plaintiff Ben Zakarya.(Zakarya, Ben) Related: [-]
		Att: 1 Civil Cover Sheet
Monday, February 03, 2025
38		38 order Minutes of In Chambers Order/Directive - no proceeding held Mon 02/03 3:41 PM MINUTE (IN CHAMBERS) ORDER DECLINING TO REOPEN CASE31 by Judge Sherilyn Peace Garnett. The Court declines to reopen this case, without prejudice to allowing Plaintiff and Bahnemiri to refile the action. (iv) Related: [-]
Wednesday, September 18, 2024
37		37 4 pgs respm Reply (Motion related) Wed 09/18 8:48 AM REPLY Opposition filed by Plaintiff Ben Zakarya. (Zakarya, Ben) Related: [-]
Friday, August 30, 2024
36		36 order Pro Se Electronic Filing - CV-5 O Fri 08/30 11:57 AM ORDER by Judge Sherilyn Peace Garnett. Granting34 35 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (rolm) Related: [-]
Tuesday, August 20, 2024
33		33 misc Response Tue 08/20 11:31 AM RESPONSE filed by Defendant Wells Fargo Bank, N.A.to REQUEST for Leave31 , Text Only Scheduling Notice,, 32 (Figueroa, Katherine) Related: [-]
Thursday, August 15, 2024
35		35 motion Pro Se Electronic Filing - CV-5 Thu 08/22 2:52 PM APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Ben Zakarya. (twdb) Related: [-]
Monday, August 12, 2024
34		34 motion Pro Se Electronic Filing - CV-5 Wed 08/21 3:22 PM APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Ben Zakarya. (twdb) Related: [-]
Tuesday, August 06, 2024
32		32 textonly Text Only Scheduling Notice Tue 08/06 4:22 PM (IN CHAMBERS) NOTICE by Sherilyn Peace Garnett. The Court is in receipt of Plaintiffs Apology and Request for Permission to File Second Corrected Amendment. (ECF No. 31). The Court construes this filing as a request to reopen the case and file a Second Amended Complaint. Defendants have fourteen (14) days to file a response, if any, to Plaintiffs request, given WMX Technologies, Inc. v. Miller, 104 F.3d 1133 (9th Cir. 1997). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) Related: [-]
Tuesday, July 23, 2024
31		31 motion Leave to File Document Wed 07/24 9:38 AM APOLOGY AND REQUEST FOR PERMISSION TO FILE SECOND CORRECTED AMENDMENT filed by Plaintiff Ben Zakarya. (iv) Related: [-]
Monday, June 03, 2024
30		30 notice Deficiency in Filed Documents (G-112A) - optional html form Thu 06/06 3:52 PM NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Amended Complaint29 . The following error(s) was/were found: No Order from the Judge to file a second amended complaint In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) Related: [-]
29		29 othcmp Amended Complaint Thu 06/06 3:31 PM SECOND AMENDED COMPLAINT amending Amended Complaint17 , filed by Plaintiff Ben Zakarya. (iv) Related: [-]
Thursday, May 23, 2024
28		28 appeal USCA Memorandum/Opinion/Order Fri 05/24 3:08 PM ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals26 filed by Ben Zakarya.Appellant's motion to dismiss this appeal is granted. Fed. R. App. P. 42(b). A copy of this order shall serve as and for the mandate of this court. (mat) Related: [-]
Monday, April 29, 2024
		appeal Appeal Fees Paid Mon 04/29 9:03 AM APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals26 as to Plaintiff Ben Zakarya; Receipt Number: 16480 in the amount of $605. (fa) Related: [-]
Thursday, April 18, 2024
27		27 appeal USCA Notification of Case Number Fri 04/19 11:36 AM NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 24-2459 assigned to Notice of Appeal to 9th Circuit Court of Appeals26 as to Plaintiff Ben Zakarya. (car) Related: [-]
Friday, April 12, 2024
26		26 appeal Appeal to 9th Circuit Court of Appeals Tue 04/16 3:17 PM NOTICE OF APPEAL to the 9th CCA filed by plaintiff Ben Zakarya. Appeal of Order on Motion to Dismiss Case,25 Filed On: 4/1/24; Entered On: 4/1/24; Filing fee $ 605. Billed. (mat) Related: [-]
Monday, April 01, 2024
25		25 order Dismiss Case Mon 04/01 7:36 PM MINUTES (IN CHAMBERS) ORDER GRANTING MOTION TO DISMISS by Judge Sherilyn Peace Garnett: The Court GRANTS Defendant's Motion21 , dismisses Plaintiff's First Amended Complaint against Wells Fargo Bank, N.A., without prejudice, and administratively closes this case. ( MD JS-6. Case Terminated ) Court Reporter: Not Reported. (gk) Related: [-]
24		24 notice Deficiency in Filed Documents (G-112A) - optional html form Mon 04/01 4:16 PM NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Letter filed 3/31/202423 . The following error(s) was/were found: Local Rule 83-2.5 no letters to the Judge. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) Related: [-]
Sunday, March 31, 2024
23		23 misc Letter Mon 04/01 4:12 PM Letter from Ben Zakarya to the Court re Requirements of "To Meet and Confer." (gk) Related: [-]
Thursday, March 28, 2024
22		22 textonly Text Only Scheduling Notice Thu 03/28 3:53 PM (IN CHAMBERS) ORDER TAKING THE MOTION (DKT.NO.21 ) UNDER SUBMISSION by Judge Sherilyn Peace Garnett: The Court has considered the matter raised with respect to DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Motion noticed for hearing on April 3, 2024, has been taken under submission and off calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) Related: [-]
Thursday, February 01, 2024
21		21 motion Dismiss Case Thu 02/01 10:57 AM NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint filed by Defendant Wells Fargo Bank, N.A.. Motion set for hearing on 4/3/2024 at 01:30 PM before Judge Sherilyn Peace Garnett. (Figueroa, Katherine) Related: [-]
		Att: 1 Declaration of Katherine Figueroa,
		Att: 2 Proposed Order
Friday, January 12, 2024
20		20 2 pgs order Order Tue 01/16 2:29 PM ORDER GRANTING STIPULATION FOR PLAINTIFF TO FILE FIRST AMENDED COMLAINT16 by Judge Sherilyn Peace Garnett. Plaintiff, BEN ZAKARYA, is granted leave to Amend to File his first Amended Complaint for Damages, currently e-filed at ECF No. 17. (iv) Related: [-]
Wednesday, January 10, 2024
19		19 notice Notice of Lodging Fri 01/12 8:47 AM NOTICE OF LODGING [PROPOSED] REGARDING THE JOINT STIPULATION TO FILE FIRST AMENDED COMPLAINT filed by Plaintiff Ben Zakarya re Stipulation16 .(iv) Related: [-]
		Att: 1 Proposed Order
Friday, January 05, 2024
18		18 textonly Text Only Scheduling Notice Fri 01/05 3:55 PM NOTICE TO FILER RE DEFICIENCY by Sherilyn Peace Garnett. On 12/14/23, Plaintiff filed a joint stipulation to amend the complaint, (ECF No. 16), but did not lodge a proposed order with the stipulation and email a Microsoft Word copy of the parties proposed order and PDF copy of the electronically filed stipulation to the chambers e-mail address, SPG_chambers@cacd.uscourts.gov, as is required by Local Rule 5-4.4.2 and the Courts Standing Order. The Court will not rule on the stipulation until it has received the proposed order and PDF copy of the stipulation via email, SPG_chambers@cacd.uscourts.gov. Within five business days, Plaintiff is ordered to cure the filing deficiency in full compliance with the Courts Standing Order and Local Rule 5-4.4.2. If the Court has not received these documents by January 12, 2024, the First Amended Complaint filed at ECF No. 17 will be STRICKEN. If Plaintiff cures the deficiency by the date set by the Court, Defendant will have 21 calendar days from the Courts order on the stipulation to respond to the amended complaint. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) Related: [-]
Wednesday, January 03, 2024
17		17 othcmp Amended Complaint Fri 01/05 9:03 AM FIRST AMENDED COMPLAINT against Defendant Wells Fargo Bank, N.A. amending Notice of Removal (Attorney Civil Case Opening),1 , filed by Plaintiff Ben Zakarya. (iv) Related: [-]
Thursday, December 14, 2023
16		16 27 pgs stip Order Wed 12/20 10:57 AM STIPULATION AND ORDER ALLOWING PLAINTIFF TO FILE FIRST AMENDED COMPLAINT FOR DAMAGES filed by Plaintiff Ben Zakarya.(iv) Related: [-]
Friday, December 01, 2023
14		14 textonly Text Only Scheduling Notice Fri 12/01 11:06 AM SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge Sherilyn Peace Garnett: On 10/23/2023, Defendant filed a motion to dismiss Plaintiffs complaint. (ECF No.10 ). Defendant represents that it complied with the Local Rule 7-3 requirement to meet and confer because it sent an email to Plaintiff with its bases for its motion and an "offer" to discuss, but that they did not discuss on the phone. (ECF No. 10-1 at 3). On November 21, 2023, Plaintiff filed a First Amended Complaint (FAC). (ECF No.11 ). The FAC lacks a signature required under Local Rule 11-1. Furthermore, because the FAC was filed more than 21 days after Defendants 12(b)(6) motion, under Federal Rule of Civil Procedure 15, Plaintiff needed to either seek leave of court or seek a stipulation with Defendant to file an amended pleading prior to filing the FAC. See Fed. R. Civ. P. 15(a)(2). Accordingly, the Court orders as follows: The Court STRIKES Defendant's motion to dismiss (ECF No.10 ) for a failure to meet and confer pursuant to L.R. 7-3 and in accordance with this Court's Standing Order for Newly Assigned Civil Cases; and STRIKES Plaintiff's FAC as untimely per Fed. R. Civ. P. 15. (ECF No.11 ). Within fourteen (14) calendar days of this Order, Plaintiff may file, after meeting and conferring, either a stipulation agreeing to an amended pleading, or a motion for leave to amend the complaint. In the future both parties are advised to comply with the Federal Rules of Civil Procedure, the Local Rules, and this Courts standing orders. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) Related: [-]
Wednesday, November 29, 2023
15		15 othcmp Amended Complaint Wed 12/06 10:08 AM FIRST AMENDED COMPLAINT amending Notice of Removal (Attorney Civil Case Opening),1 ; JURY DEMAND, filed by Plaintiff Ben Zakarya. (iv) Related: [-]
Tuesday, November 28, 2023
13		13 order Response By Court to Notice of Deficiencies (G-112B) - optional html form Tue 11/28 4:52 PM RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Amended Complaint11 by Judge Sherilyn Peace Garnett. As indicated by the Notice to Filer of Deficiencies filed at Dkt. No. 12, First Amended Complaint lacks signature. The plaintiff shall make the necessary corrections by December 1, 2023. (iv) Related: [-]
Wednesday, November 22, 2023
12		12 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Tue 11/28 11:26 AM NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: Amended Complaint11 . The following error(s) was/were found: Document lacks required signature. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv) Related: [-]
Tuesday, November 21, 2023
11		11 othcmp Amended Complaint Tue 11/28 11:24 AM FIRST AMENDED COMPLAINT amending Notice of Removal (Attorney Civil Case Opening),1 , filed by Plaintiff Ben Zakarya. (iv) Related: [-]
Monday, October 23, 2023
10		10 motion Dismiss Case Mon 10/23 3:09 PM NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Wells Fargo Bank, N.A.. Motion set for hearing on 12/13/2023 at 01:30 PM before Judge Sherilyn Peace Garnett. (Figueroa, Katherine) Related: [-]
		Att: 1 Declaration of Katherine Figueroa,
		Att: 2 Proposed Order
Wednesday, October 18, 2023
9		9 service Proof of Service (subsequent documents) Wed 10/18 3:43 PM CERTIFICATE OF SERVICE filed by Defendant Wells Fargo Bank, N.A., re Initial Order upon Filing of Complaint - form only7 , Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form6 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form5 , Notice of Assignment to United States Judges(CV-18) - optional html form4 served on October 18, 2023. (Figueroa, Katherine) Related: [-]
8		8 service Proof of Service (subsequent documents) Wed 10/18 3:37 PM CERTIFICATE OF SERVICE filed by Defendant Wells Fargo Bank, N.A., re Notice of Removal (Attorney Civil Case Opening),1 , Certificate/Notice of Interested Parties3 , Civil Cover Sheet (CV-71)2 served on October 16, 2023. (Figueroa, Katherine) Related: [-]
7		7 order Initial Order upon Filing of Complaint - form only Wed 10/18 12:18 PM STANDING ORDER upon filing of the complaint by Judge Sherilyn Peace Garnett. (pg) Related: [-]
Tuesday, October 17, 2023
6		6 notice Notice to Counsel Re: Consent to Proceed Before a US Magistrate Judge - optional html form Tue 10/17 5:46 PM Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) Related: [-]
5		5 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Tue 10/17 5:46 PM NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) Related: [-]
4		4 notice Notice of Assignment to United States Judges (CV-18) - optional html form Tue 10/17 5:45 PM NOTICE OF ASSIGNMENT to District Judge Sherilyn Peace Garnett and Magistrate Judge Alicia G. Rosenberg. (lh) Related: [-]
Monday, October 16, 2023
3		3 notice Certificate/Notice of Interested Parties Mon 10/16 12:47 PM CERTIFICATE of Interested Parties filed by Defendant Wells Fargo Bank, N.A., (Figueroa, Katherine) Related: [-]
2		2 misc Civil Cover Sheet (CV-71) Mon 10/16 12:44 PM CIVIL COVER SHEET filed by Defendant Wells Fargo Bank, N.A.. (Figueroa, Katherine) Related: [-]
1		1 notice Notice of Removal (Attorney Civil Case Opening) Mon 10/16 12:41 PM NOTICE OF REMOVAL from Los Angeles Superior Court, case number 23VECV03909 Receipt No: ACACDC-36228296 - Fee: $402, filed by Defendant Wells Fargo Bank, N.A.. (Attorney Katherine Figueroa added to party Wells Fargo Bank, N.A.(pty:dft))(Figueroa, Katherine) Related: [-]
		Att: 1 Exhibit "A"
		cmp Complaint - (Discovery) Tue 10/17 5:51 PM CONFORMED FILED COPY OF COMPLAINT against Defendants Does, Wells Fargo Bank, N.A., filed by Plaintiff Ben Zakarya. (FILED IN LOS ANGELES COUNTY SUPERIOR COURT ON 9/06/2023 SUBMITTED ATTACHED TO NOTICE OF REMOVAL1 ) (lh) Related: [-]

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