Case Details

CourtDistrict of Hawaii
Docket number1:06-cv-00311
Date case filed2006-06-05
Date case closed2007-11-20
Date of latest filing
Assigned toJUDGE SUSAN OKI MOLLWAY
Case cause15:1601 Truth in Lending
Nature of suit890 Other Statutory Actions
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: David Rochlen
Party type: Plaintiff
Attorney name: Gary Victor Dubin
Attorney Contact:
Dubin Law Offices
55 Merchant St Ste 3100
Honolulu, HI 96813
537-2300
Fax: 523-7733
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Long Huy Vu
Attorney Contact:
Dubin Law Offices
55 Merchant St Ste 3100
Honolulu, HI 96813
537-2300
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Maxine Rochlen
Party type: Plaintiff
Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Long Huy Vu
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Meridian Mortgage Company, Inc.
Party type: Defendant
a Hawaii corporation

now known asMeridian Financial Network, Inc., a Nevada corporation
Attorney name: Lauren A. Stern
Attorney Contact:
Steven Chung & Associates LLLC
841 Bishop St Ste 410
Honolulu, HI 96813
539-0699
Fax: 539-0698
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven K.S. Chung
Attorney Contact:
Imanaka Asato, LLLC
Amfac Center Hawaii Tower
745 Fort St 17th Floor
Honolulu, HI 96813
521-9500
Fax: 541-9050
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Option One Mortgage Corporation
Party type: Defendant
a subsidiary of H&R Block, Inc., a Missouri corporation

otherH&R Block, Inc., a Missouri corporation
Attorney name: Lauren A. Stern
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven K.S. Chung
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Does 1-10
Party type: Defendant
Party: Meridian Mortgage Company, Inc.
Party type: Counter Claimant
a Hawaii corporation
Attorney name: Lauren A. Stern
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Steven K.S. Chung
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: David Rochlen
Party type: Counter Defendant
Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Maxine Rochlen
Party type: Counter Defendant
Attorney name: Gary Victor Dubin
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12006-06-05 NOTICE OF REMOVAL OF CIVIL ACTION by Meridian Mortgage Company, Inc.; Removal from Circuit Court of the First Circuit, State of Hawaii, Case number CV 06-1-0878-05 RKOL. ( Filing fee $ 350) (Attachments: # 1 Exhibit A # 2 Certificate of Service)(afc) (Entered: 06/05/2006)
22006-06-05 Civil Cover Sheet re 1 Notice of Removal (afc) (Entered: 06/05/2006)
32006-06-05 Order Setting Rule 16 Scheduling Conference for 09:00AM on 8/28/2006 before JUDGE LESLIE E KOBAYASHI - by Judge HELEN GILLMOR. (afc) (Entered: 06/05/2006)
42006-06-05 Filing fee: $ 350.00, receipt number 235341 (afc) (Entered: 06/05/2006)
52006-06-08 MOTION to Require Tender of Loan Proceeds as Condition for Rescission by Meridian Mortgage Company, Inc.. (Attachments: # 1 Notice of Hearing Meridian Mortgage, Inc.'s Motion# 2 Main Document Motion to Require Tender of Loan Proceeds as Condition for Rescission# 3 Memorandum of Law# 4 Declaration of Neysa Park Kanemura# 5 Exhibit A# 6 Certificate of Service)(Stern, Lauren) (Entered: 06/08/2006)
62006-06-08 NOTICE of Hearing on Motion 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission: Motion Hearing set for 7/31/2006 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, ) (Entered: 06/08/2006)
72006-06-08 ANSWER to Complaint for Rescission and for Damages, Filed 5/22/06 by Meridian Mortgage Company, Inc.. (Attachments: # 1 Certificate of Service)(Stern, Lauren) (Entered: 06/08/2006)
82006-06-29 ANSWER to Complaint (Notice of Removal) by One Mortgage Corporation. (Attachments: # 1 Certificate of Service)(Stern, Lauren) (Entered: 06/29/2006)
92006-06-29 NOTICE by One Mortgage Corporation re 1 Notice of Removal, Consent to Removal by Defendant Meridian Mortgage, Inc. of Civil No. 06-1-0878-05 (RKOL) (Attachments: # 1 Certificate of Service)(Stern, Lauren) (Entered: 06/29/2006)
102006-06-29 Joint MOTION to Require Tender of Loan Proceeds as Condition for Rescission re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission Filed 6/8/06 by One Mortgage Corporation. (Attachments: # 1 Certificate of Service)(Stern, Lauren) (Entered: 06/29/2006)
112006-06-30 NOTICE of Hearing on Motion 10 Joint MOTION to Require Tender of Loan Proceeds as Condition for Rescission re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission Filed 6/8/06: Motion Hearing set for 7/31/2006 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, ) (Entered: 06/30/2006)
122006-06-29 JOINT DECLARATION of David Rochlen and Maxine Rochlen; certificate of service 5 10 (afc) (Entered: 07/03/2006)
132006-07-13 Plaintiffs' MEMORANDUM IN RESPONSE to: 5 defendant Meridian Mortgage, Inc's MOTION to Require Tender of Loan Proceeds as Condition for Rescission, and 10 defendant Option One Mortgage Corporation's JOINDER to Motion. (Attachments: # 1 Exhibit 1 # 2 Exhibit 2 # 3 Exhibit 3 # 4 Exhibit 4 # 5 Declaration of Gary Victor Dubin # 6 Certificate of Service)(afc) (Entered: 07/14/2006)
182006-07-20 REPLY re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission, 10 Joint MOTION to Require Tender of Loan Proceeds as Condition for Rescission re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission Filed 6/8/06 filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Certificate of Service)(Stern, Lauren) (Entered: 07/20/2006)
192006-07-25 ORDER REGARDING 5 10 DEFENDANTS' MOTION TO REQUIRE TENDER OF LOAN PROCEEDS AS CONDITION FOR RESCISSION. Signed by Judge SUSAN OKI MOLLWAY on 07/25/2006. (kmk) [ Parties asked to confer with each other about the agreement and procedures for tendering the loan amount and releasing plaintiffs. If the parties are able to reach an agreement, Defendants are asked to withdraw the present motion by 10:30 am, July 27, 2006, so that the court can schedule other matters for the time on July 31, 2006, now set aside for this case. ] Modified on 7/25/2006 (ecs, ). (Entered: 07/25/2006)
202006-07-27 Correspondence re: cc copy to Judge Mollway - letter from Steven K.S. Chung to Gary Victor Dubin (content of letter mentions settlement offer/rescission procedure) (afc) (Entered: 07/28/2006)
212006-07-31 EP: Defendant Meridian Mortgage, Inc.'s Motion to Require Tender of Loan Proceeds as Condition of Rescission; Defendant Option One Mortgage Corporation's Joinder in Defendant Meridian Mortgage, Inc.'s Motion to Require Tender of Loan Proceeds as Condition of Rescission -Discussion held.Parties in agreement, and the instructions to Title Guaranty are modified and initialed by counsel.Instructions filed.This hearing is continued to 9/25/06 @ 9:00 a.m.Parties to try and work the remaining issues.If the continued hearing date is not necessary, parties to contact the CRM. 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission, 10 Joint MOTION to Require Tender of Loan Proceeds as Condition for Rescission re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission Filed 6/8/06, Motion Hearing held on 7/31/2006 re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission filed by Meridian Mortgage Company, Inc.,, 10 Joint MOTION to Require Tender of Loan Proceeds as Condition for Rescission re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission Filed 6/8/06 filed by Option One Mortgage Corporation,. Motion Hearing set for 9/25/2006 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 07/31/2006)
222006-07-31 Letter dated July 26, 2006 with attachments from Steven K.S. Chung, Esq. to Gary Victor Dubin, Esq. re Recission Procedure 5 10 (afc) (Entered: 08/01/2006)
232006-08-22 EO: Rule 16 Scheduling Conference set for 8/28/2006 at 09:00AM is continued to 10/16/2006 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 08/22/2006)
242006-09-22 EO: Rule 16 Scheduling Conference set for 10/16/2006 at 09:00AM is continued to 12/4/2006 at 09:00 AM before JUDGE LESLIE E KOBAYASHI. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 09/22/2006)
252006-09-20 Correspondence re: to Judge Mollway from Steven K.S. Chung. (gab, ) (Entered: 09/22/2006)
262006-11-08 WITHDRAWAL of Motion by Meridian Mortgage Company, Inc. re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission filed by Meridian Mortgage Company, Inc., Filed 6/8/06. (Attachments: # 1 Certificate of Service)(Stern, Lauren) (Entered: 11/08/2006)
272006-11-08 WITHDRAWAL of Motion by Option One Mortgage Corporation re 10 Joint MOTION to Require Tender of Loan Proceeds as Condition for Rescission re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission Filed 6/8/06 filed by Option One Mortgage Corporation, (Joinder Filed 6/29/06). (Attachments: # 1 Certificate of Service)(Stern, Lauren) (Entered: 11/08/2006)
282006-11-09 NOTICE of Hearing:. Status Conference set for 11/13/2006 10:30 AM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, ) (Entered: 11/09/2006)
292006-11-13 EP: Status Conference -Discussion held re: status of settlement.If Mr. Dubin feels that there is a wrongful breach of the settlement agreement, he may file a motion to enforce settlement agreement.Parties to meet and discuss this issue.There is nothing currently pending before this Court. re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission, 10 Joint MOTION to Require Tender of Loan Proceeds as Condition for Rescission re 5 MOTION to Require Tender of Loan Proceeds as Condition for Rescission Filed 6/8/06, Status Conference held on 11/13/2006. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 11/13/2006)
302006-11-14 TRANSCRIPT of Proceedings Motion to Require Tender of Loan Proceeds held on 7/31/06 before Judge Susan Oki Mollway. Court Reporter: Debra Chun. ([email protected]) pp. 16. (Entered: 11/14/2006)
312006-11-29 Scheduling Conference Statement by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Certificate of Service)(Chung, Steven) (Entered: 11/29/2006)
322006-12-01 MEMORANDUM in Response to Defendant's Scheduling Conference Statement and Notice of Scheduling Conflict 31 - filed by David Rochlen, Maxine Rochlen. (Attachments: # 1 Exhibit A# 2 Certificate of Service)(emt, ) (Entered: 12/01/2006)
332006-12-04 EP: Rule 16 Scheduling Conference held on 12/4/2006. Jury Selection/Trial set for 09:00 AM on 10/30/2007 before JUDGE SUSAN OKI MOLLWAY. Final Pretrial Conference set for 9/18/2007 09:00 AM before JUDGE LESLIE E KOBAYASHI. Early Settlement Conference [with Counsel Only] set for 1/9/2007 09:30 AM before JUDGE LESLIE E KOBAYASHI. Motions due by 5/30/2007. Discovery due by 8/31/2007. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 12/05/2006)
342006-12-06 RULE 16 SCHEDULING ORDER - Signed by Judge LESLIE E KOBAYASHI on 12/6/06. (emt, ) (Entered: 12/06/2006)
352007-01-09 EP:Settlement Conference held on 1/9/2007. Court and Counsel discussed Settlement of this Action. No Settlement at this time. Further Settlement Conference on call. (Court Reporter None.) (Judge LESLIE E KOBAYASHI )(lls, ) (Entered: 01/13/2007)
362007-01-16 CERTIFICATE OF SERVICE - by David Rochlen, Maxine Rochlen (emt, ) (Entered: 01/17/2007)
372007-02-12 MOTION to Amend/Correct Answer to Complaint by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Memorandum Memorandum in Support# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2# 4 Declaration Declaration of Steven K. S. Chung# 5 Certificate of Service)(Chung, Steven) (Entered: 02/12/2007)
382007-02-12 MOTION to Amend/Correct Answer to Complaint by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Main Document Defendant Meridian Mortgage, Inc.'s Motion for Leave to Amend Answer and Include Counterclaim Against Plaintiffs and Defendant Option One Corporation's Motion for Leave to Amend Answer# 2 Memorandum Memorandum in Support# 3 Exhibit Exhibit One# 4 Exhibit Exhibit Two# 5 Declaration Declaration of Steven K.S. Chung# 6 Certificate of Service)(Chung, Steven) (Entered: 02/12/2007)
392007-02-13 MOTION to Amend/Correct Answer to Complaint by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Main Document Defendant Meridian Mortgage, Inc.'s Motion for Leave to Amend Answer and Include Counterclaim Against Plaintiffs and Defendant Option One Corporation's Motion for Leave to Amend Answer# 2 Memorandum Memorandum in Support# 3 Exhibit Exhibit 1# 4 Exhibit Exhibit 2# 5 Declaration Declaration of Steven K.S. Chung# 6 Certificate of Service)(Chung, Steven) (Entered: 02/13/2007)
402007-02-13 NOTICE of Hearing on Motion 39 MOTION to Amend/Correct Answer to Complaint : Motion Hearing set for 3/14/2007 at 03:30 PM before JUDGE LESLIE E KOBAYASHI. (wnn, ) (Entered: 02/13/2007)
412007-02-15 CERTIFICATE OF SERVICE by Option One Mortgage Corporation, Meridian Mortgage Company, Inc. (Re: DEFENDANTS MERIDIAN MORTGAGE, INC. AND OPTION ONE MORTGAGE CORPORATION'S RESPONSE TO PLAINTIFFS DAVID ROCHLEN AND MAXINE ROCHLEN'S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS) (Chung, Steven) (Entered: 02/15/2007)
422007-03-02 Plaintiff David Rochlen and Maxine Rochlen's RESPONSE to 39 Defendant Meridian Mortgage, Inc.'s MOTION for Leave to Amend Answer and Include Counterclaim Against Plaintiffs and Defendant Option One Corporation's Motion for Leave to Amend Answer; Certificate of Service - filed by David Rochlen, Maxine Rochlen. (emt, ) (Entered: 03/05/2007)
432007-03-05 REPLY re 42 Response, 39 MOTION to Amend/Correct Answer to Complaint filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Certificate of Service)(Chung, Steven) (Entered: 03/05/2007)
442007-03-05 REPLY re 42 Response, 39 MOTION to Amend/Correct Answer to Complaint, 43 Reply filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Certificate of Service)(Chung, Steven) (Entered: 03/05/2007)
452007-03-13 EO: Hearing date vacated. Motions Taken Under Advisement: 39 MOTION to Amend/Correct Answer to Complaint. (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 03/13/2007)
462007-03-19 ORDER GRANTING DEFENDANT MERIDIAN MORTGAGE, INC.'S 39 MOTION FOR LEAVE TO AMEND ANSWER AND INCLUDE COUNTERCLAIM AGAINST PLAINTIFFS AND DEFENDANT OPTION ONE CORPORATION'S MOTION FOR LEAVE TO AMEND ANSWER - Signed by Judge LESLIE E KOBAYASHI on 3/19/07.[Defendants shall file their respective amended answers by no later than March 30, 2007.] (emt, ) (Entered: 03/19/2007)
472007-03-19 Defendant Meridian Mortgage, Inc.'s First Amended ANSWER to Complaint for Rescission and for Damages, Filed 5/22/06, COUNTERCLAIM against David Rochlen, Maxine Rochlen by Meridian Mortgage Company, Inc..(Stern, Lauren) (Entered: 03/19/2007)
482007-03-19 First Amended ANSWER to Complaint for Rescission and for Damages, Filed 5/22/06, by Option One Mortgage Corporation.(Stern, Lauren) (Entered: 03/19/2007)
492007-03-26 CERTIFICATE OF SERVICE by Option One Mortgage Corporation, Meridian Mortgage Company, Inc. Re: Defendants' First Request for Production of Documents and Things to Plaintiffs (Chung, Steven) (Entered: 03/26/2007)
502007-04-13 Plaintiffs David Rochlen and Maxine Rochlen's REPLY to Defendant Meridian Mortgage, Inc.'s Counterclaim filed March 19, 2007; Certificate of Service - by David Rochlen, Maxine Rochlen.(emt, ) (Entered: 04/16/2007)
512007-04-30 NOTICE by Option One Mortgage Corporation, Meridian Mortgage Company, Inc. Notice of Taking Deposition Upon Oral Examination [David Rochlen and Maxine Rochlen]; Certificate of Service Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) (Entered: 04/30/2007)
522007-08-07 CERTIFICATE OF SERVICE by Option One Mortgage Corporation, Meridian Mortgage Company, Inc. Re: First Amended Notice of Taking Deposition Upon Oral Examination (Chung, Steven) (Entered: 08/07/2007)
532007-09-11 Pretrial Conference Statement by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) (Entered: 09/11/2007)
542007-09-11 Plaintiffs' FINAL PRETRIAL STATEMENT - by David Rochlen, Maxine Rochlen. (Attachments: # 1 Exhibit A# 2 Certificate of Service)(emt, ) (Entered: 09/12/2007)
552007-09-14 Transmittal Memorandum from Steven K. S. Chung, Esq. regarding courtesy copies, dated September 12, 2007. (emt, ) (Entered: 09/14/2007)
562007-09-18 EP: Final Pretrial Conference held on 9/18/2007. (Court Reporter Courtroom 7-No Record) (Judge LESLIE E KOBAYASHI )(wnn, ) (Entered: 09/18/2007)
572007-10-09 Witness List. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) (Entered: 10/09/2007)
582007-10-09 Designation of Transcripts of Deposition of David Rochlen. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) (Entered: 10/09/2007)
592007-10-09 Designation of Transcripts of Deposition of Maxine Rochlen. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) (Entered: 10/09/2007)
602007-10-10 Plaintiffs' Final Witness List; Certificate of Service - filed by David Rochlen, Maxine Rochlen.(emt, ) (Entered: 10/11/2007)
612007-10-09 Transmittal Memorandum regarding courtesy copies from Steven K. S. Chung, Esq., dated October 9, 2007. (emt, ) (Entered: 10/11/2007)
622007-10-16 TRIAL BRIEF. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) (Entered: 10/16/2007)
632007-10-16 Proposed Voir Dire. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) (Entered: 10/16/2007)
642007-10-16 Plaintiffs' Proposed Voir Dire Inquiries for the Jury Panel; Certificate of Service - filed by David Rochlen, Maxine Rochlen.(emt, ) (Entered: 10/17/2007)
652007-10-16 Plaintiffs' Proposed Additional Jury Instructions; Certificate of Service - filed by David Rochlen, Maxine Rochlen.(emt, ) (Entered: 10/17/2007)
662007-10-16 Plaintiffs' Proposed Special Verdict Form; Certificate of Service - filed by David Rochlen, Maxine Rochlen.(emt, ) (Entered: 10/17/2007)
672007-10-16 Plaintiffs' Proposed Concise Statement of the Case; Certificate of Service - filed by David Rochlen, Maxine Rochlen.(emt, ) (Entered: 10/17/2007)
682007-10-16 Plaintiffs' Understanding of the Agreement of the Parties Pertaining to the Authenticity of Their Trial Exhibits; Certificate of Service - by David Rochlen, Maxine Rochlen. (emt, ) (Entered: 10/17/2007)
692007-10-16 Plaintiffs' TRIAL BRIEF; Certificate of Service - filed by David Rochlen, Maxine Rochlen. (Attachments: # 1 Exhibit A# 2 Certificate of Service)(emt, ) (Entered: 10/17/2007)
702007-10-18 Transmittal Memorandum from Steven Chung, Esq. regarding courtesy copies, dated October 17, 2007. (emt, ) (Entered: 10/18/2007)
712007-10-22 Proposed Jury Instructions. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) (Entered: 10/22/2007)
722007-10-22 Special Verdict Form. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) (Entered: 10/22/2007)
732007-10-22 TRIAL BRIEF Defendants' Proposed Concise Statement of the Case. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) Modified on 10/23/2007 strike text(emt, ). (Entered: 10/22/2007)
742007-10-24 EP: Telephone Conference - held in chambers.Discussion held re: trial issues.Issue of the settlement agreement is not an issue for trial.Mr. Chung to submit all exhibits tomorrow.Discussion held re: trial schedule: Plaintiff to put on its case; Defendant to put on its case, and to include the counterclaim evidence; Plaintiff to address Defendants case and the counterclaim issue; and Defendants will be allowed a sur rebuttal case limited to the counterclaim issue.Court to review and revise the concise statement and will incorporate it into the preliminary jury instructions.Estimate of opening statements: Plaintiff and Defendant hour each.Settlement of jury instructions estimated to take place after trial on 10/31/07.Parties instructed to bring copies of the jury instructions and the Courts standard civil jury instructions.Telephone Conference held on 10/24/2007. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 10/24/2007)
752007-10-26 EO: Any party intending to call an expert witness at trial shall provide this court, no later than 4:30 p.m. on Friday, October 26, 2007, with a copy of each such expert's report that was (1) prepared in compliance with Rule 26(a)(2) of the Federal Rules of Civil Procedure, and (2) disclosed by the deadline set forth in the most recent Scheduling Order. An expert witness who did not comply with Rule 26 or the Scheduling Order will not be allowed to testify at trial absent good cause. cc: all counsel electronically or by fax.. (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 10/26/2007)
762007-10-26 Transmittal Memorandum from Steven Chung, Esq., regarding courtesy copies, dated October 23, 2007. (emt, ) (Entered: 10/26/2007)
772007-10-26 Expert Witness Disclosure. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Stern, Lauren) Modified on 10/29/2007 NOTE: Exhibit A has been restricted from public viewing. The filer has submitted a redacted version - please refer to docket entry 80 . (emt, ). (Entered: 10/26/2007)
782007-10-28 Plaintiffs' Supplemental MEMORANDUM IN RESPONSE to This Court's October 26, 2007, Order Pertaining to Expert Disclosures; Certificate of Service 75 - filed by David Rochlen, Maxine Rochlen. (emt, ) (Entered: 10/29/2007)
792007-10-26 Plaintiffs' Counsel's DECLARATION in Response to This Court's October 26, 2007, Order Pertaining to Expert Disclosures 75 - by David Rochlen, Maxine Rochlen (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Certificate of Service)(emt, ) Modified on 10/29/2007 NOTE: Viewing of Exhibit 4 has been restricted to case participants only. (emt, ). (Entered: 10/29/2007)
802007-10-29 Defendants Meridian Mortgage, Inc. and Option One Mortgage Corporation's REDACTED EXPERT WITNESS DISCLOSURE; Exhibit A; Certificate of Service Additional Exhibits to 77 Expert Witness Disclosure, Corrective Entry,,, Redacted Expert Witness Disclosure; Exhibit A; Certificate of Service filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) Modified on 10/30/2007 to add/strike text (emt, ). (Entered: 10/29/2007)
812007-10-29 TRIAL BRIEF Supplemental Trial Brief. filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc..(Chung, Steven) (Entered: 10/29/2007)
822007-10-29 MEMORANDUM re 79 Declaration, 78 Response Opposition filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) (Entered: 10/29/2007)
832007-10-29 Plaintiffs' Counsel's REDACTED EXHIBIT 4 to 79 Declaration in Response to This Court's October 26, 2007, Order Pertaining to Expert Disclosures; Certificate of Service - filed by David Rochlen, Maxine Rochlen. (Attachments: # 1 Exhibit 4# 2 Certificate of Service)(emt, ) (Entered: 10/30/2007)
842007-10-30 EP: Jury Selection/Trial -43 Prospective Jurors present.A panel of 8 Jurors selected.No objection to the manner in which this panel was selected, nor to the make up of this panel.Jurors sworn.Court preliminarily instructs the Jurors.1:20 p.m. - Discussion held without the Jurors re: the experts report.Jurors present.Opening statements by the parties.Plaintiffs Witness: Maxine Rochlen CST for direct examination and cross examination.Plaintiffs Admitted Exhibits: 1, 2, 5, and 3.Defendants Admitted Exhibits: 141, 207, 134, 135, 136, 137, 138, 104, 101, 102, 103, 105, 206, 196, 197, 146, 147, 205, and 143.Jurors excused.Discussion held re: scheduling.Settling of jury instructions to be held tomorrow 10/31/07 @ 3:30 p.m.Instructions to be placed on the record @ 8:45 a.m. 11/1/07.Further Jury Trial 10/31/07 @ 9:00 a.m.Jury Selection held on 10/31/2007, Jury Trial held on 10/31/2007. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 10/31/2007)
852007-10-29 Transmittal Memorandum from Steven Chung, Esq., regarding courtesy copies, dated October 29, 2007. (emt, ) (Entered: 10/31/2007)
862007-10-31 EP: Further Jury Trial - 2nd Day -Plaintiffs Witnesses: Maxine Rochlen resumed for continued cross examination, re direct examination, re cross examination, and re re direct examination; David Rochlen CST for direct examination, cross examination, re direct examination, re cross examination, re re direct examination, and re re cross examination.Defendants Admitted Exhibits: 148, 149, 166, 169, 161, 211, 154, 117, 118, 111, 112, 114, 127, 128, 120, 121, 202, 203, 200, and 109.Depositions of Maxine Rochlen and David Rochlen filed.2:27 p.m. - Plaintiffs rest.Jurors excused.Discussion held re: defendants expert witness - Mr. Chung to fax to chambers the experts publications and retention letter. Copies will be made for Mr. Dubin.Defendants' motion for judgment as a matter of law: Denied to the extent the motion seeks a ruling that plaintiffs each received 2 copies of the notice of the right to cancel. That matter turns on whether plaintiffs have credibly rebutted the presumption that they did receive the required copies, a matter for the jury. Court reserves ruling on portion of motion seeking a ruling that failure to provide 2 copies does not give rise to a right to rescind. Court further states that, assuming plaintiffs' rescission claim proceeds, it rests only on defendants' alleged failure to provide each borrower with 2 copies of the notice of right to cancel. Alleged failures to properly disclose the variable interest rate and prepayment penalty, while relevant to plaintiffs' desire to cancel their loan, cannot themselves serve as the basis of a claim in this case, given the lack of mention of those alleged TILA violations in the complaint.Defendants Witness: Terry Hayashi CST for direct examination.Jurors excused.Mr. Chung to e mail Mr. Dubin the numbers of hours the expert witness used, any publications, and her education and training by 8:00 p.m. tonight.Discussion held re: scheduling.Parties anticipate closing arguments to be given on Friday.Instructions to be settled tomorrow 11/1/07 after trial.Court informed the parties that it may not rule on the portion of the motion that was reserved before the case goes to the jury.Further Jury Trial 11/1/07 @ 9:00 a.m. SOM. Jury Trial held on 11/1/2007. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 11/01/2007)
872007-11-01 EP: Further Jury Trial - 3rd Day -Defendants Witnesses: Terry Hayashi resumed for continued direct examination and cross examination, James Chen CST for direct examination, cross examination, and re direct examination, Jerry Park CST for direct examination, cross examination and re direct examination and Anna DeSimone (expert in mortgage lending practices, mortgage fraud and auditing) CST for direct examination.Jurors excused and instructed to return tomorrow @ 9:00 a.m.Settling of jury instructions.Instructions to be placed on the record 8:45 a.m. 11/2/07. Jury Trial held on 11/1/2007. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 11/02/2007)
882007-11-02 Transmittal Memorandum from Steven Chung, Esq., dated October 31, 2007, re: Anna DeSimone updated resume. (emt, ) (Entered: 11/02/2007)
892007-11-02 EP: Further Jury Trial - 4th Day -Jury instructions and verdict form placed on the record.Defendants Witness: Anna DeSimone (expert in mortgage lending practices, mortgage fraud and auditing) resumed for continued direct examination, cross examination, re direct examination, re cross examination, re re direct examination and re re cross examination.DefendantsAdmitted Exhibit: 167.2:20 p.m. - Defendants rests.Jurors excused.Plaintiffs motion for judgment as a matter of law re: counterclaim - Denied without prejudice.Jurors present.Plaintiffs Rebuttal Witness: Maxine Rochlen resumed for direct examination, cross examination, re direct examination, re cross examination, re re direct examination and re re cross examination.Plaintiffs Admitted Exhibit: 20. Defendants Admitted Exhibits: 188, 106, 173 - 177, 122 and 123. Further Jury Trial 11/6/07 @ 9:00 a.m. SOM.Jury Trial held on 11/2/2007. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 11/02/2007)
902007-11-06 EP: Further Jury Trial - 5th Day -Plaintiffs' Rebuttal Witness: David Rochlen resumed for direct examination and cross examination.Defendants' Admitted Exhibits: 151 and 153.10:05 a.m. - Parties rest.Jurors excused.Discussion held re: verdict form and jury instructions.Jurors present.Court instructs the Jurors.No objection to the manner or order in which the instructions were read.Plaintiffs' renewed motion for judgment as a matter of law on the counterclaims is denied.Defendants' renewed motion for judgment as a matter of law on the plaintiffs' case is denied to the extent it seeks a ruling that the factual issues should not go to the jury, but to the extent the motion seeks a legal ruling on the remedy available if TILA was violated, the court reserves its ruling.Closing arguments by the parties.12:20 p.m. - Jurors begin their deliberation.2:45 p.m. - Jurors notified the Court that they have reached a verdict.3:10 p.m. - Jurors present and inform the Court that they have reached a verdict, and that it is unanimous.Verdict published.Jurors polled.Jurors discharged.In light of the Jury's response to Question #1, the Court finds it unnecessary to rule on the portion of Defendants' motion for judgment as a matter of law that was reserved - Defendants withdraw the motion.Jury Trial completed on 11/6/2007. (Court Reporter Debra Chun.) (Judge SUSAN OKI MOLLWAY )(tbf, ) (Entered: 11/07/2007)
912007-10-31 DEPOSITION of Maxine Rochlen 86 (Attachments: # 1 Correction Sheet Re: Deposition of Maxine Rochlen# 2 Letter to Maxine Rochlen from Ralph Rosenberg Court Reporters, Inc.)(emt, ) (Entered: 11/07/2007)
922007-10-31 DEPOSITION of David Rochlen 86 (Attachments: # 1 Correction Sheet Re: Deposition of David Rochlen# 2 Letter to David Rochlen from Ralph Rosenberg Court Reporters, Inc.# 3 NOTE: The following exhibits were stapled to the back of the deposition transcript: Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7)(emt, ) (Entered: 11/07/2007)
932007-11-06 JURY INSTRUCTIONS.(emt, ) (Entered: 11/07/2007)
942007-11-06 Verdict set Aside pursuant to the Court's "Order Vacating Judgment and Dismissing all Claims with Prejudice" filed May 27, 2008, docket number 124 SPECIAL VERDICT FORM. (emt, ) Modified on 5/27/2008 (afc). (Entered: 11/07/2007)
952007-11-06 Defendants Meridian Mortgage, Inc. and Option One Mortgage Corporation's FINAL WITNESS LIST; Certificate of Service - filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.(emt, ) (Entered: 11/07/2007)
962007-11-06 Plaintiffs' FINAL WITNESS LIST; Certificate of Service - filed by David Rochlen, Maxine Rochlen.(emt, ) (Entered: 11/07/2007)
972007-11-06 EXHIBIT LIST.(emt, ) (Entered: 11/07/2007)
982007-11-20 JUDGMENT SET ASIDE pursuant to 124 JUDGMENT entered on 11/20/07 pursuant to 94 SPECIAL VERDICT FORM. (emt, ) Modified on 5/27/2008 (afc). (Entered: 11/20/2007)
992007-12-05 (Notice of Motion); Plaintiffs' Rule 59 F.R.C.P. MOTION to Set Aside Jury Verdict and November 20, 2007 Judgment, and MOTION for New Trial - by David Rochlen, Maxine Rochlen. (Attachments: # 1 Plaintiffs' Rule 59 FRCP Motion to Set Aside Jury Verdict and November 20, 2007, Judgment, and for New Trial# 2 Memorandum in Support of Motion# 3 Declaration of Richard D. Linberg# 4 Joint Declaration of Maxine and David Rochlen# 5 Exhibit 1# 6 Exhibit 2# 7 Exhibit 3# 8 Exhibit 4# 9 Exhibit 5# 10 Certificate of Service)(emt, ) Modified on 5/27/2008: Pursuant to 124 the Order Vacating Judgment and Dismissing all Claims with Prejudice, the motion is withdrawn (afc). (Entered: 12/06/2007)
1002007-12-11 BILL OF COSTS (Request for Costs) by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Attachments: # 1 Bill of Costs# 2 Memorandum in Support of Bill of Costs# 3 Declaration of Steven K.S. Chung# 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Certificate of Service)(Chung, Steven) (Entered: 12/11/2007)
1012007-12-12 NOTICE of Hearing on Motion 99 MOTION to Set Aside Verdict MOTION for New Trial :. Motion Hearing set for 2/4/2008 10:30 AM before JUDGE SUSAN OKI MOLLWAY. (tbf, ) (Entered: 12/12/2007)
1022007-12-27 Costs Taxed in amount of $2,021.88 against Plaintiffs (gls, ) (Entered: 12/27/2007)
1032008-01-16 MEMORANDUM in Opposition re 99 MOTION to Set Aside Verdict MOTION for New Trial Certificate of Service filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) (Entered: 01/16/2008)
1042008-01-16 AMENDED MEMORANDUM in Opposition re 99 MOTION to Set Aside Verdict MOTION for New Trial Certificate of Service filed by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) Modified on 1/17/2008 to add text (emt, ). (Entered: 01/16/2008)
1052008-01-22 CERTIFICATE OF SERVICE by Option One Mortgage Corporation, Meridian Mortgage Company, Inc. re 104 Memorandum in Opposition to Motion, Amended (Chung, Steven) (Entered: 01/22/2008)
1062008-01-23 Transmittal Memorandum from Steven K. S. Chung, Esq., regarding courtesy copies, dated January 18, 2008. (emt, ) (Entered: 01/23/2008)
1072008-01-24 Plaintiffs' REPLY MEMORANDUM in Further Support of Plaintiffs' Motion to Set Aside Jury Verdict and November 20, 2007 Judgment, and for New Trial; Certificate of Service 99 - filed by David Rochlen, Maxine Rochlen. (emt, ) (Entered: 01/25/2008)
1082008-01-25 Transmittal Memorandum fro Steven Chung, Esq., regarding courtesy copies, dated January 23, 2008. (emt, ) (Entered: 01/28/2008)
1092008-02-04 EP: : Plaintiffs Rule 59 Motion to Set Aside Jury Verdict and 11/20/07 Judgment, and for New Trial -Arguments.Discussion held off record re: settlement.Mr. Dubin to speak with his clients.Mr. Dubin will order the trial transcript, and this hearing is continued to 5/27/08 @ 9:00 a.m.Mr. Dubin to file a supplemental brief, maximum of 2,000 words, by 9:00 a.m. 5/16/08.Mr. Chung to file a response, maximum of 2,000 words, by 9:00 a.m. 5/21/08.Mr. Dubin to notify the court reporter by 12:00 p.m. 2/11/08 whether or not he will be ordering the trial transcript.If Mr. Dubin does not order the transcript, and the case is not settled, Court to rule on the papers.Motion Hearing held on 2/4/2008 re 99 MOTION to Set Aside Verdict MOTION for New Trial filed by David Rochlen, Maxine Rochlen, 99 MOTION to Set Aside Verdict MOTION for New Trial. Motion Hearing set for 5/27/2008 09:00 AM before JUDGE SUSAN OKI MOLLWAY. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, ) (Entered: 02/04/2008)
1102008-02-06 Letter to Judge Susan Oki Mollway from Gary Victor Dubin, Esq., dated February 4, 2008. (emt, ) (Entered: 02/06/2008)
1112008-02-06 Letter from Steven Chung, Esq., dated February 6, 2008. (emt, ) (Entered: 02/07/2008)
1122008-02-13 Letter addressed to Judge Susan Oki Mollway from Gary Victor Dubin, Esq., dated February 11, 2008. (emt, ) (Entered: 02/13/2008)
1132008-03-12 NOTICE of Hearing:. Telephone Conference is set for 3/19/2008 10:30 AM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, ) (Entered: 03/12/2008)
1142008-03-12 NOTICE of Hearing:. Telephone Conference set for 3/19/2008 10:30 AM before JUDGE SUSAN OKI MOLLWAY. Parties notified.(tbf, ) (Entered: 03/12/2008)
1152008-03-19 EP: Telephone Conference - discussion held off record re: terms of a settlement agreement.Terms of a settlement agreement placed on the record - plaintiff in agreement.Mr. Chung to order the transcript and confer with his client.Mr. Chung to file a statement as to whether or not his client will or will not agree to this settlement agreement by 12:00 p.m. 3/28/08. Mr. Chung to serve Mr. Dubin with the statement.If defendant is in agreement, the Court will issue an order dismissing the complaint, counterclaim and action. The judgment will be vacated, and the verdict will be set aside.. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, ) (Entered: 03/19/2008)
1162008-03-28 SETTLEMENT AGREEMENT (Conditional) by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) (Entered: 03/28/2008)
1172008-03-31 Plaintiffs' Conditional Acceptance of Settlement Agreement; Certificate of Service - by David Rochlen, Maxine Rochlen. (emt, ) (Entered: 03/31/2008)
1182008-03-31 Transmittal Memorandum from Steven Chung, Esq. regarding courtesy copies, dated March 28, 2008. (emt, ) (Entered: 03/31/2008)
1192008-04-03 SETTLEMENT AGREEMENT (Rejection of) by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) (Entered: 04/03/2008)
1202008-04-04 SETTLEMENT AGREEMENT (Amended Rejection of Plaintiffs' Conditional Acceptance of) by Option One Mortgage Corporation, Meridian Mortgage Company, Inc.. (Chung, Steven) (Entered: 04/04/2008)
1212008-04-08 Transmittal Memorandum from Steven Chung, Esq., regarding courtesy copies, dated April 4, 2008. (emt, ) (Entered: 04/08/2008)
1222008-05-21 EO: The parties are directed to discuss yet again whether they are able to resolve the issue of the settlement language. The court has reviewed the disputed language identified in the parties' filings and concludes that the remaining dispute does not justify the cost of continued litigation. The time and expense of appearing at the hearing scheduled for May 27, 2008, far exceeds what remains in dispute, not to mention the costs of any retrial or appeal if the matter is not settled.. (JUDGE SUSAN OKI MOLLWAY)(tbf, ) (Entered: 05/21/2008)
1232008-05-27 EP: Continued Hearing on Plaintiffs' Rule 59 Motion to Set Aside Jury Verdict and 11/20/07 Judgment, and for New Trial 99 -Long Vu present, and is authorized to stand in for Mr. Dubin who is not present.Discussion held off record re: settlement.Parties in agreement to modify the settlement agreement that was placed on the record on 3/19/08.Settlement placed on the record, and all counsel represent that they have authority to settle on behalf of their clients.Plaintiffs' Rule 59 Motion to Set Aside Jury Verdict and 11/20/07 Judgment, and for New Trial 99 - withdrawn.Court will prepare an order today vacating the judgment and dismissing all claims and counterclaims pursuant to the settlement agreement.Motions terminated: 99 MOTION to Set Aside Verdict MOTION for New Trial filed by David Rochlen, Maxine Rochlen, Motion Hearing held on 5/27/2008 re 99 MOTION to Set Aside Verdict MOTION for New Trial filed by David Rochlen, Maxine Rochlen, re 98 Clerk's Judgment. (Court Reporter Debra Chun.) (JUDGE SUSAN OKI MOLLWAY)(tbf, ) (Entered: 05/27/2008)
1242008-05-27 ORDER VACATING JUDGMENT AND DISMISSING ALL CLAIMS WITH PREJUDICE 99 MOTION to Set Aside Verdict MOTION for New Trial filed by David Rochlen, Maxine Rochlen, 98 Clerk's Judgment, Motions terminated: [The judgment on the Complaint and on the Counterclaim in this case is vacated 98 . The verdict is set aside pursuant to the settlement placed on the record on March 19, 2008, and modified on the record on May 27, 2008. All claims and counterclaims are dismissed with prejudice pursuant to the parties' settlement. The Rochlens' Motion to Set Aside Jury Verdict and for a New Trial 99 , filed on December 5, 2007, is withdrawn. Each party will bear its own fees and costs.The Clerk of Court is directed to terminate this action and to close the case.] Signed by JUDGE SUSAN OKI MOLLWAY on 5/27/08. (afc) (Entered: 05/27/2008)