My Old Lawsuit Against BofA
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Click here for Announcement of new lawsuit
This lawsuit was dismissed by the judge because the Bank of America attorney did not tell me that he had filed some kind of motion, which required me to be at court. Therefore, the judge dismissed the case. However, some of the tabs above will also represent the evidence in the new lawsuit I filed, such as my bac letters. Other than that, everything on this page represents the old lawsuit I had filed.
United Law Group Files Suit Against Bank of America on Behalf of John Wright
.DISMISSED
After representing John Wright for 13 months in his quest to negotiate with his lender Bank of American and its subsidiary Countrywide Home Loans, Inc., United Law Group filed a lawsuit against the bank for breaches of contract, violation of state and federal laws, and the distress caused to Mr. Wright by the allegedly unscrupulous and dishonest actions and misrepresentations made by the bank.
Santa Clara, CA (Vocus/PRWEB ) March 23, 2010 — United Law Group filed a complaint (case number 1-10-CV-166846) on March 18, 2010 in the Superior Court of the State of California, County of Santa Clara, against Bank of America and its subsidiary CountrywideHome Loans, Inc. for breaches of contractual obligations, violation of the Restatement (Second) of Contracts Section 205, emotional distress, and violation of California Business and Professions Code Section 17200.
This case states that though John Wright qualified for a mortgage modification under the Federal Home Affordable Modification Program (“HAMP”), he was denied access to the government-sponsored plan.
“I met the qualifications for HAMP and with United Law Group helping me did everything the bank asked,” said Mr. Wright.
Mr. Wright continued to make the required payments in a timely manner and called Bank of America frequently to ensure the success of the process. Each time he was told not to worry.
“At one point a bank representative told me that I had nothing to worry about because I’d done everything right,” said Mr. Wright. “I satisfied the financial terms of the trial modification and submitted the required documentation before the August 2, 2009 deadline, but Bank of America still sent a Notice of Intent to Accelerate.”
At the completion of the Trial Period Bank of America claimed it did not have the necessary paperwork. Despite multiple attempts by Mr. Wright to fax, re-fax and submit the documents by certified carrier, Mr. Wright received a letter on February 16, 2010 refusing his loan modification and demanding that he pay a lump sum payment or risk foreclosure proceedings.
“John Wright and his financial situation havebeen abused by the bank to the point where litigation is his only recourse,” said Robert Buscho, Managing Attorney for United Law Group. “Unfortunately, his case is not unique. Millions of innocent, hard working citizens are being misled and abused by the banks. Unless homeowners take a stand this will not change.”
United Law Group takes an aggressive stance against predatory lending practices and is an outspoken advocate on behalf of honest citizens who have been hurt by the housing and mortgage crisis.
“We filed the caseon behalf of Mr. Wright because the banks cannot be allowed to continue to blatantly disregard this crisis,” said Buscho. “The United States government has asked banks to be a part of the solution and has gone so far as to usetaxpayer dollars as an incentive. We are simply carrying the torch lit by our officials to shed a light on and hopefully remediate predatory practices.”
“The banks use misinformation and misdirection until you can’t distinguish the good guys from the bad guys. They make you afraid to get help,” said Mr. Wright. “It’s ironic to me that United Law Group’s reputation is in question right now. They’ve been honest with me throughout this ordeal and I count my blessings that I have United Law Group on my team.”
The firm made the news recently when a team of officials entered their offices to evaluate the work they are doing for their clients.
“It’s been the banks that have mislead the public,” said Mr. Wright. “United Law Group could have shut their doors and stopped helping people after having their practice was questioned, but they didn’t. They were in the midst of preparing my case before it happened and their attorneys filed my suit against Bank of America seven days later.”
The question in the Wright Vs. Bank of America case might not be about Bank of America metaphorically having the right to own the car, but might be more about if Bank of Abusing America has the right to run over, hit and abuse John Wright with the car. The Federal Court Judge seems to answer the question of if John Wright has a case or not.
The Federal Court Judge seems to answer the question of if Mr. Wright has a case or not in the court transcript.
______________________________________________________________________________
Activity in Case 5:10-cv-01723-JF Wright v. Bank of America, N.A. et al Renotice motion hearing
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U.S. District Court
Northern District of California
Notice of Electronic Filing or Other Case Activity
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The following transaction was received from by Price, Stuart entered on 5/18/2010 2:44 PM and filed on 5/18/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-JF
Filer: Bank of America, N.A.
Document Number: 11
Docket Text:
Renotice motion hearing Motion to Dismiss filed byBank of America, N.A.. Motion Hearing set for 7/16/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Price, Stuart) (Filed on 5/18/2010)
5:10-cv-01723-JF Notice has been electronically mailed to:
James Patrick Litwinovich james.litwinovich@bryancave.com
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-JF Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:\\bc.firm.local\irvdfs01\Redir\2q8\My Documents\PACER FILINGS\Wright v. BOA – Amended Notice of Motion to Dismiss.PDF
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=5/18/2010] [FileNumber=6373701-0]
[973b8bb744a32bfcaaf032ef09d9c5209f49e079fcacafe21257ebc7e5149cef263f8
580d3ca1a9f599c25bd72107c16d55abbb746aba492e859e90fd8bc9157]]
___________________________________________________________________________________________________________
Activity in Case 5:10-cv-01723-HRL Wright v. Bank of America, N.A. et al Set Deadlines/Hearings
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The following transaction was received from entered on 5/10/2010 1:21 PM and filed on 5/10/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-HRL
Filer:
Document Number: No document attached
Docket Text:
SetDeadlines/Hearings:, ***Deadlines terminated. [9] Clerk’s Notice of Impending Reassignment. Case Management Statement due by 7/9/2010. CaseManagement Conference set for 7/16/2010 10:30 AM. (pmc, COURT STAFF) (Filed on 5/10/2010)
5:10-cv-01723-HRL Notice has been electronically mailed to:
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-HRL Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
James Patrick Litwinovich
Bryan Cave LLP
3161 Michelson Dr
#1500
Irvine, CA 92612-4414
___________________________________________________________________________________________________________
Activity in Case 5:10-cv-01723-HRL Wright v. Bank of America, N.A. et al ADR Scheduling Order
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***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro selitigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Northern District of California
Notice of Electronic Filing or Other Case Activity
——————————————————————————–
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The following transaction was received from entered on 4/22/2010 3:03 PM and filed on 4/22/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-HRL
Filer:
Document Number: 4
Docket Text:
ADR SCHEDULING ORDER: Case Management Statement due by 7/6/2010. CaseManagement Conference set for 7/13/2010 01:30 PM in Courtroom 2, 5th Floor, San Jose. (Attachments: # (1) Judge Howard R. Lloyd Standing Order re Initial Case Management and Discovery Disputes, # (2) Standing Order Regarding Case Management in Civil Cases for all San Jose Judges, # (3) Standing Standing Orders for All Judges of the Northern District of California Court)(bw, COURT STAFF) (Filed on 4/22/2010)
5:10-cv-01723-HRL Notice has been electronically mailed to:
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-HRL Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
James Patrick Litwinovich
Bryan Cave LLP
3161 Michelson Dr
#1500
Irvine, CA 92612-4414
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:C:\fakepath\20100422144212.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=4/22/2010] [FileNumber=6300200-0]
[ac9775de8f1423e47749687e78d2bf9975f8457d04f2657e8fb276ec1fb1d3b78b918
f043c14152a51a1d1ab4fe52bca0cf97ed864c08316dae99f9b59969ae1]]
Document description: Judge Howard R. Lloyd Standing Order re Initial Case Management and Discovery Disputes
Original filename:C:\fakepath\Standing Order HRL.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=4/22/2010] [FileNumber=6300200-1]
[60ec773dbcdf3ca688b206e23482f1712a70d761a13ad85222d42a9c02ceb83a27f4f
acc382c6ebed231ea30fdeedf26d85b4f6ce8114cfdf48a5a4a9fa3e928]]
Document description: Standing Order Regarding Case Management in Civil Cases for all San Jose Judges
Original filename:C:\fakepath\Standing Orders for San Jose Division Judges Rev 2010.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=4/22/2010] [FileNumber=6300200-2]
[5a474e82293ae52683621ae996ce2cc21cd3c6a0243657424d8471266a42d014ae1e9
5ac0d5b9b1ce03eadf6fc5c8c92fcd380bb47f8bbd9552fc802de3a2e59]]
Document description: Standing Standing Orders for All Judges of the Northern District of California Court
Original filename:C:\fakepath\Standing Order for CAND Judges CM Standing Order 3-1-07.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=4/22/2010] [FileNumber=6300200-3]
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___________________________________________________________________________________________________________
Activity in Case 5:10-cv-01723-HRL Wright v. Bank of America, N.A. et al Order
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U.S. District Court
Northern District of California
Notice of Electronic Filing or Other Case Activity
——————————————————————————–
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——————————————————————————–
If there are two hyperlinks below, the first will lead to the docket and the second will lead to an e-filed document.
If there is no second hyperlink, there is no electronic document available .
See the FAQ posting ‘I havea Notice of Electronic Filing that was e-mailed to me but there’s no hyperlink…’ on the ECF home page at https://ecf.cand.uscourts.gov for more information.
——————————————————————————–
The following transaction was received from entered on 5/10/2010 10:19 AM and filed on 5/10/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-HRL
Filer:
Document Number: 8
Docket Text:
ORDER REASSIGNING CASE TO A DISTRICT COURT JUDGE. Signed by Magistrate Judge Howard R. Lloyd on 5/10/2010. (hrllc1, COURT STAFF) (Filed on 5/10/2010)
5:10-cv-01723-HRL Notice has been electronically mailed to:
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-HRL Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
James Patrick Litwinovich
Bryan Cave LLP
3161 Michelson Dr
#1500
Irvine, CA 92612-4414
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:10-01723_Wright Reassign.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=5/10/2010] [FileNumber=6348429-0]
[a16c4c3e3dda8e308392d4b2a401966d01236ca8cf4cf772a98f0a066516d7332d24d
a04f7552c0237f4293c8c3f94a09fc026d5e213658e6093b15619847511]]
___________________________________________________________________________________________________________
Activity in Case 5:10-cv-01723-JF Wright v. Bank of America, N.A. et al Order Reassigning Case
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***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro selitigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Northern District of California
Notice of Electronic Filing or Other Case Activity
——————————————————————————–
NOTE: Please read this entire notice before calling the Help Desk. If you have questions, please email the Help Desk by replying to this message; include your question or comment along with the original text.
Please note that these Notices are sent for all cases in the system when any case activity occurs, regardless of whether the case is designated for e-filing or not, or whether the activity is the filing of an electronic document or not.
——————————————————————————–
If there are two hyperlinks below, the first will lead to the docket and the second will lead to an e-filed document.
If there is no second hyperlink, there is no electronic document available .
See the FAQ posting ‘I havea Notice of Electronic Filing that was e-mailed to me but there’s no hyperlink…’ on the ECF home page at https://ecf.cand.uscourts.gov for more information.
——————————————————————————–
The following transaction was received from entered on 5/11/2010 8:32 AM and filed on 5/11/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-JF
Filer:
Document Number: 10
Docket Text:
ORDER REASSIGNING CASE. Case reassigned to District Judge Jeremy Fogelfor all further proceedings and Magistrate Judge Howard R. Lloyd for all discovery matters. Signed by The Executive Committee on 05/11/2010. (tsh, COURT STAFF) (Filed on 5/11/2010)
5:10-cv-01723-JF Notice has been electronically mailed to:
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-JF Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
James Patrick Litwinovich
Bryan Cave LLP
3161 Michelson Dr
#1500
Irvine, CA 92612-4414
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:C:\fakepath\10-1723-HRL-JF.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=5/11/2010] [FileNumber=6351837-0]
[381f2aa3e8b24fa2ec193682b37007d477ec115abcc97ae84940c2465f791f0a5b459
6fe53f6b2cc8f9ae4e645cb1faaa589a37188238c1fd3c65914d433b5aa
___________________________________________________________________________________________________________
Activity in Case 5:10-cv-01723-HRL Wright v. Bank of America, N.A. et al Case Referred to ECF
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***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro selitigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Northern District of California
Notice of Electronic Filing or Other Case Activity
--------------------------------------------------------------------------------
NOTE: Please read this entire notice before calling the Help Desk. If you have questions, please email the Help Desk by replying to this message; include your question or comment along with the original text.
Please note that these Notices are sent for all cases in the system when any case activity occurs, regardless of whether the case is designated for e-filing or not, or whether the activity is the filing of an electronic document or not.
--------------------------------------------------------------------------------
If there are two hyperlinks below, the first will lead to the docket and the second will lead to an e-filed document.
If there is no second hyperlink, there is no electronic document available .
See the FAQ posting 'I havea Notice of Electronic Filing that was e-mailed to me but there's no hyperlink...' on the ECF home page at https://ecf.cand.uscourts.gov for more information.
--------------------------------------------------------------------------------
The following transaction was received from entered on 4/22/2010 3:03 PM and filed on 4/22/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-HRL
Filer:
Document Number: No document attached
Docket Text:
CASE DESIGNATED for Electronic Filing. (bw, COURT STAFF) (Filed on 4/22/2010)
5:10-cv-01723-HRL Notice has been electronically mailed to:
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-HRL Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
James Patrick Litwinovich
Bryan Cave LLP
3161 Michelson Dr
#1500
Irvine, CA 92612-4414
___________________________________________________________________________________________________________
Activity in Case 5:10-cv-01723-HRL Wright v. Bank of America, N.A. et alClerk's Notice of Impending Reassignment
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro selitigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Northern District of California
Notice of Electronic Filing or Other Case Activity
--------------------------------------------------------------------------------
NOTE: Please read this entire notice before calling the Help Desk. If you have questions, please email the Help Desk by replying to this message; include your question or comment along with the original text.
Please note that these Notices are sent for all cases in the system when any case activity occurs, regardless of whether the case is designated for e-filing or not, or whether the activity is the filing of an electronic document or not.
--------------------------------------------------------------------------------
If there are two hyperlinks below, the first will lead to the docket and the second will lead to an e-filed document.
If there is no second hyperlink, there is no electronic document available .
See the FAQ posting 'I havea Notice of Electronic Filing that was e-mailed to me but there's no hyperlink...' on the ECF home page at https://ecf.cand.uscourts.gov for more information.
--------------------------------------------------------------------------------
The following transaction was received from entered on 5/10/2010 1:20 PM and filed on 5/10/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-HRL
Filer:
Document Number: 9
Docket Text:
CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (pmc, COURT STAFF) (Filed on 5/10/2010)
5:10-cv-01723-HRL Notice has been electronically mailed to:
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-HRL Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
James Patrick Litwinovich
Bryan Cave LLP
3161 Michelson Dr
#1500
Irvine, CA 92612-4414
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:C10-01723 notice reassign -jf.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=5/10/2010] [FileNumber=6349625-0]
[3d251b4829a3ce8c824febcdbcaf62cf4281cfec57bb90bf4aeb15f88972f937d30fc
a4200f4048e0b0bb545d62d0fef87e35d9bc38b42b5da1f6f99b80e757d]]
___________________________________________________________________________________________________________
Activity in Case 5:10-cv-01723-HRL Wright v. Bank of America, N.A. et alClerks Notice
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro selitigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Northern District of California
Notice of Electronic Filing or Other Case Activity
——————————————————————————–
NOTE: Please read this entire notice before calling the Help Desk. If you have questions, please email the Help Desk by replying to this message; include your question or comment along with the original text.
Please note that these Notices are sent for all cases in the system when any case activity occurs, regardless of whether the case is designated for e-filing or not, or whether the activity is the filing of an electronic document or not.
——————————————————————————–
If there are two hyperlinks below, the first will lead to the docket and the second will lead to an e-filed document.
If there is no second hyperlink, there is no electronic document available .
See the FAQ posting ‘I havea Notice of Electronic Filing that was e-mailed to me but there’s no hyperlink…’ on the ECF home page at https://ecf.cand.uscourts.gov for more information.
——————————————————————————–
The following transaction was received from entered on 4/30/2010 9:24 AM and filed on 4/30/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-HRL
Filer:
Document Number: 7
Docket Text:
CLERKS NOTICE RE: DEADLINE FOR CONSENT OR DECLINATION TO PROCEED BEFORE A UNITED STATES MAGISTRATE JUDGE. Consents or declinations due 5/6/2010. (hrllc1, COURT STAFF) (Filed on 4/30/2010)
5:10-cv-01723-HRL Notice has been electronically mailed to:
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-HRL Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
James Patrick Litwinovich
Bryan Cave LLP
3161 Michelson Dr
#1500
Irvine, CA 92612-4414
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:10-01723_Wright Consent Reminder.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=4/30/2010] [FileNumber=6322212-0]
[b1ca6168620b67ef9fc08c3e808851a6f30b89a1d57b94b5f59031aa4837b339202f0
14fda6917adbd214ba7c663dd9320102c409d2e6152d98f3bbb4715078a]]__________________________________________________________________________________________________________
Activity in Case 5:10-cv-01723-HRL Wright v. Bank of America, N.A. et al Certificate of Interested Entities
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U.S. District Court
Northern District of California
Notice of Electronic Filing or Other Case Activity
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The following transaction was received from entered on 4/22/2010 3:00 PM and filed on 4/22/2010
Case Name: Wright v. Bank of America, N.A. et al
Case Number: 5:10-cv-01723-HRL
Filer: Bank of America, N.A.
Countrywide Home Loans, Inc.
Bank of America Home Loan Financing, L.P.
Document Number: 3
Docket Text:
Certification of Interested Partiess by Bank of America Home Loan Financing, L.P., Bank of America, N.A., Countrywide Home Loans, Inc. (bw, COURT STAFF) (Filed on 4/22/2010)
5:10-cv-01723-HRL Notice has been electronically mailed to:
Robert Joseph Buscho rbuscho@unitedlawgroup.com, avonpropst@unitedlawgroup.com, dkruid@unitedlawgroup.com
Stuart Winston Price swprice@bryancave.com, holly.ottiger@bryancave.com
5:10-cv-01723-HRL Please see General Order 45 Section IX C.2 and D; Notice has NOT been electronically mailed to:
James Patrick Litwinovich
Bryan Cave LLP
3161 Michelson Dr
#1500
Irvine, CA 92612-4414
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:C:\fakepath\20100422144158.pdf
Electronic document Stamp:
[STAMP CANDStamp_ID=977336130 [Date=4/22/2010] [FileNumber=6300169-0]
[3b1d71ff56de6089cc542d09b6af04a77905aa6aaddabe76455d4c21ca83b320ed58a
4ca4bbfea14a594ca785dd5b8ef7571e97cf273554c58cc986df05caf62]]
___________________________________________________________________________________________________________
Date: Sat, 19 Jun 2010 19:03:42 +0300
To: Cora_Klein@cand.uscourts.gov; Felicia_Reloba@cand.uscourts.gov
From: jz12345@earthlink.net
Subject: Wright v Bank of America et al (5-10-cv-01723) – Notice to Chief Judge Walker and a request for initiation of corrective actions pursuant to Code of Conduct of US Judges
CC: johns-wright@hotmail.com; rbuscho@unitedlawgroup.com; swprice@bryancave.com; litwinovich@bryancave.com; brian.t.moynihan@bankofamerica.com; Darcy.Smith@usdoj.gov; Thomas.Shell@usdoj.gov; Richard_Wieking@cand.uscourts.gov
June 19, 2010
The Hon Vaughn R. Walker, Chief Judge.
US District Court, Northern District of California
C/O Court Staff: Ms Cora Klein, Ms Felicia Reloba
By email:
Cora_Klein@cand.uscourts.gov
Felicia_Reloba@cand.uscourts.gov
RE: Wright v Bank of America et al (5-10-cv-01723) – Notice to Chief Judge Walker and a request for initiation of corrective actions pursuant to Code of Conduct of US Judges
Dear Chief Judge Walker:
Please accept this notice regarding Wright v Bank of America et al (5-10-cv-01723) at the US District Court, Northern District of California, as request that you initiate investigation of the allegations, detailed below, and initiate corrective actions, as you deem fit, regarding conduct of counsel and court personnel, pursuant to Code of Conduct of US Judges.
Upon review of the records in the case, [1] it was noted that Counsel for Defendants in the case in question failed to sign the Certificate of Interested Parties [2] as “Attorneys of Record”, as required by Local Rules of Court, Rule 3-16. [3] Instead, the Certificate was signed by: “Attorneys for Defendants”.
In addition, there is no Notice of Appearance by Counsel for Defendant to be found, neither is there on record a Corporate Disclosure. Moreover, nowhere in court records in the case is there any evidence of communication between Defendants and their Counsel.
Such matters must not be taken lightly. As detailed in Memorandum Opinion [4] by the Hon Jeff Bohm, US Bankruptcy Judge, and a year-long study by the US Trustee, cited in the Memorandum, Countrywide Financial Corporation routinely engaged under Chief Legal Officer Sandor Samuels in conduct in courts throughout the US, which was rebuked in the Memorandum, and which should have been deemed fraud on the courts. Most notable among other schemes, were appearances of Counsel who were not Counsel of Record, with “no communications with client clause”.
As detailed in complaint recently filed with the US Securities and Exchange Commission and with the US office of Comptroller of the Currency, [5] such conduct was brought to an end following the takeover of Countrywide Financial Corporation by Bank of America Corporation, July 1, 2008, under the tenure of Timothy Mayopoulos as General Counsel. However, such conduct was resumed within 24 hours after the ouster of Mr Mayopoulos on December 10, 2008, and the appointment of Brian Moynihan as his replacement as General Counsel.
It should be further noted, that various Certificates of Service by Court personnel, found in the case in question, combined with review of the Local Rules of Court, [6] General Order 45, [7] and the Users Manual [8] of the US District Court, Northern District of California, would lead a reasonable person to conclude that conditions prevailing at the Court regarding authentication of judicial records and construction of dockets are vague and ambiguous.
Similar conditions, prevailing at the US District Court, Central District of California, were analyzed in detail in a paper soon to be submitted for international peer review, titled: Data Mining of the Online Judicial Records of the Networked US Federal Courts . [9]
The paper stated:
“… although entirely excluded from presentation in the current report, records obtained from multiple cases in various US courts across the United States document the tight relationship between conditions at the US courts, and the current financial crisis. There simply is no way to institute honest and effective banking regulation absent honest enforcement at the US courts.”
The paper concluded:
“Transition of the courts to digital administration entailed a sea change in procedures of the US courts. The transition took place over a relatively short time, was independently executed by the US courts through the Administrative Office of the Courts, under insufficient public accountability. The transition resulted in precipitous deterioration in integrity of the courts, human rights, and enforcement by regulatory agencies in the United States.”
You are kindly requested to investigate the alleged perversion of justice in the case of Wright v Bank of America et al (5-10-cv-01723), and to initiate of corrective actions, as you deem fit, pursuant to Code of Conduct of US Judges.
This notice is copied to US Marshal Service, in hope that they assist you in these matters.
Truly,
Joseph Zernik, PhD
Human Rights Alert (HRA), NGO
http://human-rights-alert.blogspot.com/
http://www.scribd.com/Human_Rights_Alert
CC:
1) John Wright, Plaintiff
<johns-wright@hotmail.com>
2) Stuart Winston Price, Bryan Cave LLP
swprice@bryancave.com
3) James Patrick Litwinovich, Bryan Cave LLP
litwinovich@bryancave.com
4) Robert Joseph Buscho, United Law Group
rbuscho@unitedlawgroup.com
5) Brian T Moynihan, President/CEO (BofA)
brian.t.moynihan@bankofamerica.com
6) Darcy Smith, US Marshal Service
<Darcy.Smith@usdoj.gov>,
7) Thomas Shell, US Marshal Service
<Thomas.Shell@usdoj.gov>
8) Richard W. Wieking, Clerk of Court
Richard_Wieking@cand.uscourts.gov
LINKS
[1] Most records in Wright v Bank of America et al (5-10-cv-01723), together with LocalRules of Court, pertinent General Orders, and CM/ECF Users Manual, as downloaded from PACER – the Court’s public access system – and the Court’s website, can be viewed at archive: http://inproperinla.com/ , by search (control-F) on the archive page for: “01723″, or for “wright” (without the quotes).
[2] Certificate of Interested Parties
http://inproperinla.com/00-00-00-us-dist-ct-sj-wright-v-bac-03-bac-certificate-of-interested-parties.pdf
[3] Local Rules of Court
http://inproperinla.com/00-00-00-us-dist-ct-sj-wa-c-civil-local-rules.pdf
[4] Memorandum Opinion by the Hon Jeff Bohm, US Bankruptcy Judge
[5] 10-06-11-Dr-Zernik-s-Complaints-Filed-with-Office-of-Comptroller-of-the-Currency-and-SEC-against-Countrywide-Bank-of-America-NYSE-BAC-and-Brian-Moynihan
[6] Civil Local Rules, US District Court, Northern District of California
http://inproperinla.com/00-00-00-us-dist-ct-sj-wa-c-civil-local-rules.pdf
[7] General Order 45, US District Court, Northern District of California
http://inproperinla.com/00-00-00-us-dist-ct-sj-wa-d-general-order-45.pdf
[8] Users Manual, US District Court, Northern District of California
http://inproperinla.com/00-00-00-us-dist-ct-sj-wa-f-ecf-california-northern-ecf_manual-s.pdf
[9] Data Mining of the Online Judicial Records of the Networked US Federal Courts
http://inproperinla.com/10-06-18-paper-2-courts-s.pdf

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2 Comments
Give them hell John my thoughts and prayers are with you tomorrow as you are in court If theres justice in this country they will kick B of A’s motion to the curb . after all they are liars and cheats who take from good people like us who work hard and just needed a little in this suffering economy. they know their safe in their ivory towers thats good enough for them who cares about the little people sure as hell isn’t them. They got their bailout and we got kicked in the ass. as i said John give them HELL!!!!!!!!!!
Terri Loera
ISUPPORT JOHN WRIGHT AND ALL THE PEOPLE WHO HAVE BEEN ABUSED BY
BANK OF AMERICA
Well done John keep up the great wotk for the American people. We must protect our property rights or this great nation will fail to continue to remain free.
Give them hell, I stand in support of your issues.
Gregory Dean Lemke
Past Candidate for State Representative Washington State 38th Distrct
2002 ending returns 41% of the vote