Erhart v. Bofi Holding Inc.

United States District Court Southern District of California
Case #: 3:15-cv-02287
Circuit: 9th
Cause: 18:1514A Civil Action to Protect Against Retaliation in Fraud Cases

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Plaintiffs:

Erhart, Charles

Defendants:

Bank of the Internet,

BofI Federal Bank,

Bofi Holding Inc.,

2022-01-20: Order Conditionally Granting BOFI Holding, Inc.'s Unopposed Ex Parte Application to Seal and Continue (ECF No.249). Provided the parties file this joint status report no later than 1/28/22, trial will be continued from 2/1/22 to 4/26/22 at 9:00 AM. Signed by Judge Cynthia Bashant on 1/20/22. (time re: trial per Chambers) (jmo)

2022-01-13: Order Granting in Part Motion in Limine No. 5 to Exclude Evidence of Any Damages That Require Computation (ECF No. 221). Signed by Judge Cynthia Bashant on 1/13/22. (jmo)

2022-01-12: Order Denying BOFI's Motion in Limine No. 4 to Exclude Evidence of Conduct and Statements that are not Actionable (ECF No. 220). Signed by Judge Cynthia Bashant on 1/12/22. (jmo)

2022-01-11: Order Granting in Part BOFI's Motion in Limine No. 3 to Exclude Evidence of Predicates of Alleged Wrongdoing that the Court has Already Rejected (ECF No. 218). Signed by Judge Cynthia Bashant on 1/11/22. (jmo)

2022-01-10: Order Granting in Part BOFI's Motion in Limine No. 2 to Exclude Inflammatory Evidence that is Untethered to Erhart's Claims (ECF Nos. 215, 232). Signed by Judge Cynthia Bashant on 1/10/22. (jmo)

2022-01-07: ORDER Granting In Part Bofis Motion In Limine No. 1 To Exclude Incomplete Documents And Related Testimony (ECF No.213). Signed by Judge Cynthia Bashant on 1/7/2022. (ddf)

2021-08-19: Order Denying Ex Parte Application to Remove Document from the Public Docket and File it Under Seal (ECF No. 236). Signed by Judge Cynthia Bashant on 8/18/21. (jmo)

2020-04-02: ORDER granting in part and denying in part 128 Charles Erhart's Motion to Exclude Experts. BofI fails to demonstrate that its non-retained expert CFO Micheletti's proposed testimony is admissible under Rule 702. Consequently, the Court grants Erhart's request to preclude Micheletti from testifying as an expert, but the Court recognizes that Micheletti may be able to provide lay opinion testimony on the Bank's lost profits under Rule 701. The Court grants in part and denies in part Erhart's request to exclude BofI's retained expert van Drunen. The Court admits van Drunen's testimony regarding internal audit objectives, standards, and procedures. The Court reaches a mixed result as to van Drunen's more specific opinions on Erhart's conduct. Some of these opinions are appropriate under Rule 702; other opinions either fail to meet Rule 702s requirements or are subject to exclusion under Rule 403. Signed by Judge Cynthia Bashant on 4/1/2020.

2020-03-31: ORDER granting in part and denying in part 127 BofI Federal Bank's Motion for Summary Judgment; granting in part and denying in part 137 Charles Erhart's Motion for Summary Judgment. For the reasons set forth, the Court grants in part BofI's request to summarily adjudicate Erhart's Sarbanes-Oxley, Dodd-Frank, California Labor Code section 1102.5, and wrongful discharge causes of action. The Court otherwise denies BofI's motion. Further, the Court grants in part Erhart's request to summarily adjudicate BofI's claims for fraud, negligence, conversion, and breach of the duty of loyalty in light of California's Uniform Trade Secrets Act. The Court denies Erhart's request to dispose of the remainder of these claims because there are genuine issues for trial. The Court similarly denies Erhart's request for summary judgment on BofI's breach of contract, California Penal Code section 502, and Computer Fraud and Abuse Act claims. Finally, the Court grants Erhart's request for summary judgment on BofI's Unfair Competition Law claim. Subject to the Order of the Chief Judge No. 18, In re Suspension of Jury Trials and Other Proceedings During the Covid-19 Public Emergency (S.D. Cal. Mar. 17, 2020), the Court orders the parties to contact the Magistrate Judges chambers to reset their mandatory settlement conference. Upon conclusion of this conference, the parties shall coordinate with the Magistrate Judge to set new dates for a pretrial conference and trial. Signed by Judge Cynthia Bashant on 3/31/2020.

2019-09-19: ORDER Granting In Part and Denying in Part the Parties' Motions Regarding Filing Documents Under Seal. The Court Directs the Clerk of the Court to complete the various sealing requests that are underlined throughout this order (ECF Nos. 125,130,132,140,141,145,150,153,156,172,161,165). Signed by Judge Cynthia Bashant on 9/19/19. (dlg)

2019-04-30: ORDER granting in part and denying in part Defendant BofI Holdings' 78 Motion for Judgment on the Pleadings; denying Plaintiff Charles Matthew Erhart's 96 Motion for Judgment on the Pleadings. Court grants Defendant's request to dismiss Plaintiff's claims because he names the incorrect defendant. Plaintiff is granted leave to amend for the limited purpose of naming the correct entity defendant. Second Amended Complaint shall be filed by 5/3/2019. Court denies the remainder of Defendant's motion. Signed by Judge Cynthia Bashant on 4/30/2019. (jah) (Main Document 123 replaced on 5/6/2019). Modified on 5/6/2019 - Edited entry. Regenerated NEF (jah).

2018-11-15: ORDER on Joint Motion for Determination of Discovery Dispute No. 6 97. Court grants in part and denies in part Plaintiff's motion to compel regarding the requests. Unless otherwise specified, where the Court has ordered production, it must take place within 14 days of this Order. Signed by Magistrate Judge Nita L. Stormes on 11/15/2018. (jah)

2018-10-12: ORDER on 88 Joint Motion for Determination of Discovery Dispute No. 5. Court denies without prejudice Defendant BofI's request for Plaintiff to submit to a a mental examination, subject to renewal at a later time if appropriate. Signed by Magistrate Judge Nita L. Stormes on 10/12/2018. (jah)

2018-09-04: ORDER re:70 Joint Motion for Determination of Discovery Dispute No. 4. Court grants in part and denies in part Plaintiff's motion to compel regarding the requests. Unless otherwise specified in this Order, where Court has ordered production, it must take place within 14 days of this Order. Signed by Magistrate Judge Nita L. Stormes on 9/4/2018. (jah)

2017-09-11: ORDER granting in part and denying in part BofI Holding, Inc.'s 35 Motion to Dismiss and 35 Motion to Strike Allegations from First Amended Complaint. Court denies BofI's request to dismiss Erhart's claims for whistleblower retaliation under Sarbanes-Oxley, whistleblower retaliation under Dodd-Frank, and defamation. Court grants BofI's motion to dismiss Erhart's claims for violation of California Confidentiality of Medical Information Act, breach of covenant of good faith and fair dealing, and intentional infliction of emotional distress. Court dismisses these claims with leave to amend. Court denies BofI's motion to strike allegations from Erhart's pleading. If Erhart chooses to file a Second Amended Complaint, he must do so by 9/29/2017. Signed by Judge Cynthia Bashant on 9/11/2017. (jah)

2017-03-02: ORDER Granting Motion to Quash BofI's Subpoena to Testify at a Deposition. Signed by Magistrate Judge Nita L. Stormes on 3/2/2017. (fth)

2017-02-14: ORDER Granting in Part and Denying in Part Bofl Federal Bank's Motion for Summary Adjudication of Charles Matthew Erhart's Twelfth Through Twenty-Fourth Affirmative Defenses. Erhart's 14th, 15th, 21st and 22nd Affirmative Defenses fail as a matter of law. Court summarily adjudicates these defenses in Bofl's favor. Court strikes Erhart's 17th and 18th Affirmative Defenses from his Answer because these defenses are redundant of Erhart's other defenses. Court denies Bofl's request for summary adjudication of Erhart's 12th, 13th, 16th, 19th, 20th, 23rd, and 24th Affirmative Defenses. Signed by Judge Cynthia Bashant on 2/14/2017. (Motion filed as ECF No. 45 in 15cv2353-BAS(NLS)) (jah)

2016-12-08: ORDER denying Bofl Federal Bank's 26 Motion to Clarify or Reconsideration of Order Denying Bofl's Amended Motion for Preliminary Injunction. Court orders the parties to appear on 1/30/2017 10:30 AM in Courtroom 4B before Judge Cynthia Bashant for oral argument. The parties should be prepared to discuss Bofl's motion for summary adjudication of Erhart's 12th through 24th affirmative defenses. Signed by Judge Cynthia Bashant on 12/8/2016. (Motion for Summary Adjudication filed as ECF. 45 in 15cv2353) (jah)

2016-09-26: ORDER granting in part and denying in part Defendant Bofl Holding, Inc.'s 3 Motion to Dismiss and 3 Motion to Strike. Court grants Bofl's motion to dismiss Erhart's first and second claims and dismisses the claims with leave to amend. Court declines to exercise supplemental jurisdiction over Erhart's remaining claims and dismisses these claims without prejudice. Court denies Bofl's motion to strike. If Erhart chooses to file a First Amended Complaint, he must do so by 10/17/2016. Court orders the consolidation of Bofl's Countersuit, 15cv2353-BAS(NLS) with this whistleblower retaliation action. This action is designated as the lead case, and all further filings shall be in this action. Clerk shall file a copy of this Order in Bofl's Countersuit. Signed by Judge Cynthia Bashant on 9/26/2016. (jah)

2016-09-21: ORDER denying defendant BofI Holding, Inc.'s 12 Motion for Imposition of Sanctions for Spoliation of Evidence Against Plaintiff Charles Matthew Erhart. The Court grants BofI's 15 Motion to Seal. The Court orders the Clerk of Court to accept and file under seal the requested documents (ECF No. 16). Signed by Judge Cynthia Bashant on 9/21/16. (kas)