Kang v. Wells Fargo Bank, N.A.
| James C Kang and Michael Moses |
| Wells Fargo Bank, N.A. |
| Kirk E Fyson |
| 5:2017cv06220 |
| October 27, 2017 |
| US District Court for the Northern District of California |
| San Jose Office |
| Alameda |
| Virginia K DeMarchi |
| Beth Labson Freeman |
| Susan van Keulen |
| Labor: Other |
| 05 U.S.C. § 704 Labor Litigation |
| Both |
Docket Report
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This docket was last retrieved on October 12, 2022. A more recent docket listing may be available from PACER.
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Filing 159
USCA Memorandum; affirmed. (slh, COURT STAFF) (Filed on 10/12/2022)
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Filing 158
ORDER of USCA. Filed order. The motion to assign this appeal to this panel as a comeback to appeal No. 18-55626 and to expedite (Docket Entry No. 5 ) is granted. We sua sponte expedite briefing. The opening brief is due August 8, 2022. The answering briefs are due August 31, 2022. The optional reply brief is due within 14 days after service of the answering briefs. No streamlined extensions of time to file a brief will be approved. See 9th Cir. R. 31-2.2(a)(1). No written request for an extension of time to file a brief will be approved absent exceptional and unforeseen circumstances. If necessary, the court will schedule oral argument by separate order. (bw, COURT STAFF) (Filed on 7/18/2022)
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Filing 157
LETTER RECEIVED JUNE 1, 2022 DOCKETED per Order #156 . (tsh, COURT STAFF) (Filed on 6/3/2022) Modified on 6/3/2022 (tsh, COURT STAFF).
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Filing 156
ORDER RE LETTER RECEIVED JUNE 1, 2022. Signed by Judge Beth Labson Freeman on 6/2/2022. (blflc1, COURT STAFF) (Filed on 6/2/2022)
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Filing 155
JUDGMENT. Signed by Judge Beth Labson Freeman on 4/18/2022. (blflc1, COURT STAFF) (Filed on 4/18/2022)
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Filing 154
Proposed Judgment (Correction of Docket #153 ) by James C Kang, Michael Moses. (Haffner, Joshua) (Filed on 4/18/2022) Modified on 4/18/2022 (slh, COURT STAFF).
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Filing 153
*Erroneous Entry - Please refer to docket no #154 Proposed Order JUDGMENT by James C Kang, Michael Moses. (Haffner, Joshua) (Filed on 4/18/2022) Modified on 4/18/2022 (slh, COURT STAFF).
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Filing 152
ORDER GRANTING IN PART AND DENYING IN PART #149 OBJECTOR KIRK FYSON'S MOTION FOR ATTORNEYS' FEES AND SERVICE PAYMENT. Signed by Judge Beth Labson Freeman on 4/15/2022. (blflc1, COURT STAFF) (Filed on 4/15/2022)
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Filing 151
REPLY (re #149 MOTION for Attorney Fees and Service Payment ) filed byKirk E Fyson. (Swidler, Justin) (Filed on 1/11/2022)
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Filing 150
OPPOSITION/RESPONSE (re #149 MOTION for Attorney Fees and Service Payment ) PLAINTIFFS RESPONSE TO OBJECTOR FYSONS MOTION FOR ATTORNEYS FEES AND SERVICE PAYMENT filed byJames C Kang. (Stevens, Paul) (Filed on 1/5/2022)
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Filing 149
MOTION for Attorney Fees and Service Payment filed by Kirk E Fyson. Responses due by 1/5/2022. Replies due by 1/12/2022. (Attachments: #1 Declaration of Justin Swidler, #2 Exhibit 1-A Billing Summarie of Objector Counsel, #3 Exhibit 1-B Swidler Class Experience, #4 Declaration of Robert Soloff, #5 Declaration of Marc Silverman, #6 Declaration of Nancy Gray, #7 Declaration of Kirk Fyson)(Swidler, Justin) (Filed on 12/22/2021)
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Filing 148
Transcript of Proceedings held on 9-23-21, before Judge Beth Labson Freeman. Court Reporter Lee-Anne Shortridge, email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #142 Transcript Order ) Release of Transcript Restriction set for 1/20/2022. (Related documents(s) #142 ) (las, ) (Filed on 12/17/2021)
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Filing 147
Transcript of Proceedings held on 9-15-21, before Judge Beth Labson Freeman. Court Reporter Lee-Anne Shortridge, email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #135 Transcript Order ) Release of Transcript Restriction set for 1/20/2022. (Related documents(s) #135 ) (las, ) (Filed on 12/17/2021)
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Filing 146
STATUS REPORT RE IBARRA DISTRIBUTION; STIPULATION AND ORDER (approving #123 in Case 5:17-cv-06220-BLF). Signed by Judge Beth Labson Freeman on 12/8/2021. (blflc1, COURT STAFF) (Filed on 12/8/2021)
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Filing 145
ORDER GRANTING #115 PLAINTIFFS' MOTION FOR FINAL APPROVAL OF CLASS ACTION SETTLEMENT; GRANTING IN PART AND DENYING IN PART #114 PLAINTIFFS' MOTION FOR ATTORNEYS' FEES AND EXPENSES; AND ADDRESSING #116 , #117 OBJECTION OF CLASS MEMBER KIRK E. FYSON. Signed by Judge Beth Labson Freeman on 12/8/2021. (blflc1, COURT STAFF) (Filed on 12/8/2021)
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Filing 144
TRANSCRIPT ORDER for proceedings held on 09/23/2021 before Judge Beth Labson Freeman by James C Kang, Michael Moses, for Court Reporter Lee-Anne Shortridge. (Haffner, Joshua) (Filed on 9/28/2021)
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Filing 143
RESPONSE re #140 Notice (Other), PLAINTIFFS RESPONSE TO OBJECTOR FYSONS NOTICE OF FILING by James C Kang. (Stevens, Paul) (Filed on 9/27/2021)
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Filing 142
TRANSCRIPT ORDER for proceedings held on 9/23/2021 before Judge Beth Labson Freeman by Kirk E Fyson, for Court Reporter Lee-Anne Shortridge. (Swidler, Justin) (Filed on 9/27/2021)
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Filing 141
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 9/23/2021. Total Time in Court: 1:06. Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Joshua Haffner, Paul Stevens, Michael Rubin via Zoom Webinar. Defendant Attorney: Paul Berkowitz via Zoom webinar Objector: Justin Swidler, Robert Soloff, Marc Silverman via Zoom Webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 9/23/2021)
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Filing 140
NOTICE by Kirk E Fyson of Legal Authorities Regarding Mandate Argument (Attachments: #1 ATSA of California, Inc. v. Continental Ins. Co., 754 F.2d 1394 (9th Cir. 1985), #2 Litman v. Massachusetts Mut. Life Ins. Co., 825 F.2d 1506 (11th Cir. 1987), #3 CBS Broadcasting, Inc., et al. v. Echostar Communications Corp., et al., 472 F.Supp.2d 1367 (S.D. Fla. 2006))(Swidler, Justin) (Filed on 9/23/2021)
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Filing 139
CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR. Motion Hearing as to #114 MOTION for Attorney Fees , #115 MOTION Final Approval of Class Action Settlement set for 9/23/2021 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf A>Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than September 21, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov /zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 9/17/2021)
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Filing 137
NOTICE filed by Wells Fargo Bank, N.A. re NOTICE OF FILING OF DECLARATION REGARDING CAFA NOTICE (Kaufman, Thomas) (Filed on 9/16/2021)
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Filing 138
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held on 9/15/2021. Further Motion Hearing set for 9/23/2021 09:00 AM before Judge Beth Labson Freeman.Total Time in Court: 1:00. Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Joshua Haffner, Paul Stevens, Eileen Goldsmith via Zoom Webinar. Defendant Attorney: Thomas Kauman via Zoom Webinar Objector: Justine Seidler, Marc Silverman, Nancy Gray, Michael Rubin via Zoom Webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 9/15/2021)
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Filing 136
TRANSCRIPT ORDER for proceedings held on 9/15/21 before Judge Beth Labson Freeman by James C Kang, Michael Moses, for Court Reporter Lee-Anne Shortridge. (Haffner, Joshua) (Filed on 9/15/2021)
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Filing 135
TRANSCRIPT ORDER for proceedings held on 9/15/2021 before Judge Beth Labson Freeman by Kirk E Fyson, for Court Reporter Lee-Anne Shortridge. (Swidler, Justin) (Filed on 9/15/2021)
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Filing 134
ORDER DENYING #119 MOTION TO INTERVENE. Signed by Judge Beth Labson Freeman on 9/14/2021. (blflc1S, COURT STAFF) (Filed on 9/14/2021) Modified on 9/14/2021 (blflc1S, COURT STAFF).
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Filing 133
CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR. Motion Hearings as to #114 MOTION for Attorney Fees , #115 MOTION Final Approval of Class Action Settlement set for 9/15/2021 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is n o document associated with this entry.) (tshS, COURT STAFF) (Filed on 9/14/2021)
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Filing 132
STATUS REPORT SUPPLEMENTAL DECLARATION OF CHRIS PIKUS FOR RUST CONSULTING, INC. RE FINAL REPORT OF CLASS MEMBER NOTICE AND RESPONSE by James C Kang. (Stevens, Paul) (Filed on 8/31/2021)
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Filing 131
RESPONSE re #130 Supplemental Brief PLAINTIFFS RESPONSE TO OBJECTOR FYSONS SUPPLEMENTAL BRIEF REGARDING SETTLEMENT OBJECTION AND INTERVENTION by James C Kang. (Stevens, Paul) (Filed on 8/20/2021)
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Filing 130
Supplemental Brief in Support of Objections and Motion to Intervene filed byKirk E Fyson. (Swidler, Justin) (Filed on 8/13/2021)
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Filing 129
ORDER RE PENDING MOTIONS AND REQUESTS. Signed by Judge Beth Labson Freeman on 8/6/2021. (blflc1S, COURT STAFF) (Filed on 8/6/2021)
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Filing 128
OPPOSITION/RESPONSE (re #126 MOTION for Leave to File Supplemental Memorandum of Points and Authorities in Support of his Objection and Motion to Intervene ) PLAINTIFFS' OPPOSITION TO OBJECTOR FYSONS MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION TO INTERVENE filed byJames C Kang. (Haffner, Joshua) (Filed on 8/6/2021)
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Filing 127
MOTION to Enforce Judgment and Mandate filed by Kirk E Fyson. Motion Hearing set for 9/2/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 8/18/2021. Replies due by 8/25/2021. (Attachments: #1 Proposed Order)(Swidler, Justin) (Filed on 8/4/2021)
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Filing 126
MOTION for Leave to File Supplemental Memorandum of Points and Authorities in Support of his Objection and Motion to Intervene filed by Kirk E Fyson. (Attachments: #1 Exhibit Supplemental Memorandum of Points and Authorities, #2 Proposed Order)(Swidler, Justin) (Filed on 8/2/2021)
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Filing 125
Request for Judicial Notice re #117 Objection, #119 MOTION to Intervene filed byKirk E Fyson. (Attachments: #1 Exhibit Hallman Complaint, #2 Exhibit Hallman Stip. to Stay Pending Ibarra, #3 Exhibit Hallman Order Granting Stay Pending Ibarra, #4 Exhibit Hallman Order Lifting Stay Following Ibarra, #5 Exhibit Hallman Notice of Settlement, #6 Exhibit Hallman Unopposed Motion for Preliminary Approval of Class Action Settlement, #7 Exhibit Hallman Decl. of J. Haffner ISO Preliminary Approval, #8 Exhibit Hallman Decl. of P. Stevens ISO Preliminary Approval, #9 Exhibit Hallman Amended Motion for Preliminary Approval, #10 Exhibit Hallman Order Granting Preliminary Approval, #11 Exhibit Hallman Motion for Final Approval of Class Settlement, #12 Exhibit Hallman Decl of J. Haffner ISO of Final Approval, #13 Exhibit Hallman Decl. of P. Stevens ISO of Final Approval, #14 Exhibit Hallman Motion for Attorney's Fees, #15 Exhibit Hallman Decl. of J. Haffner ISO Motion for Attorney's Fees, #16 Exhibit Hallman Decl. of P. Stevens ISO Attorney's Fees, #17 Exhibit Hallman Final Order Approving Settlement, Fees, and Misc. Relief)(Related document(s) #117 , #119 ) (Swidler, Justin) (Filed on 8/2/2021)
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Filing 124
NOTICE by Wells Fargo Bank, N.A. re #120 Opposition/Response to Motion NOTICE OF JOINDER IN OPPOSITION TO OBJECTOR FYSON'S MOTION TO INTERVENE (Kaufman, Thomas) (Filed on 7/27/2021)
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Filing 123
STIPULATION WITH PROPOSED ORDER STATUS REPORT RE IBARRA DISTRIBUTION; STIPULATION AND PROPOSED ORDER filed by James C Kang. (Attachments: #1 Exhibit)(Stevens, Paul) (Filed on 7/26/2021)
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Filing 122
REPLY (re #119 MOTION to Intervene ) filed byKirk E Fyson. (Swidler, Justin) (Filed on 7/23/2021)
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Filing 121
Request for Judicial Notice filed byJames C Kang. (Stevens, Paul) (Filed on 7/16/2021)
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Filing 120
OPPOSITION/RESPONSE (re #119 MOTION to Intervene ) filed byJames C Kang. (Stevens, Paul) (Filed on 7/16/2021)
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Filing 119
MOTION to Intervene filed by Kirk E Fyson. Responses due by 7/16/2021. Replies due by 7/23/2021. (Attachments: #1 Exhibit 1 - Demonstrative Exhibit Showing Class Members who Lose Money, #2 Proposed Order)(Swidler, Justin) (Filed on 7/2/2021)
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Filing 118
RESPONSE re #117 Objection, #116 Objection Plaintiffs' Responses to Objector Fyson by James C Kang, Michael Moses. (Attachments: #1 Declaration of Eileen B. Goldsmith)(Haffner, Joshua) (Filed on 6/22/2021)
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Filing 117
OBJECTIONS to re #115 MOTION Final Approval of Class Action Settlement , #116 Objection by Kirk E Fyson. (Attachments: #1 Declaration Ex. 1 - Declaration of Kirk Fyson, #2 Exhibit Ex. 2)(Swidler, Justin) (Filed on 6/15/2021)
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Filing 116
OBJECTIONS to PROPOSED CLASS SETTLEMENT by Kirk E Fyson. (Gray, Nancy) (Filed on 6/14/2021)
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Filing 115
MOTION Final Approval of Class Action Settlement filed by James C Kang, Michael Moses. Motion Hearing set for 9/15/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/11/2021. Replies due by 6/18/2021. (Attachments: #1 Declaration of Joshua Haffner ISO Motion for Final Approval of settlement, #2 Declaration of Paul D. Stevens ISO Motion for Final Approval of settlement, #3 Declaration of Michael Rubin ISO Motion for Final Approval of settlement, #4 Declaration of Chris Pikus ISO Motion for Final Approval of settlement, #5 Declaration of James Kang ISO Motion for Final Approval of settlement, #6 Declaration of Michael Moses ISO Motion for Final Approval of settlement, #7 Proposed Order, #8 [proposed] judgment)(Haffner, Joshua) (Filed on 5/28/2021)
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Filing 114
MOTION for Attorney Fees filed by James C Kang, Michael Moses. Motion Hearing set for 9/15/2021 09:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Beth Labson Freeman. Responses due by 6/11/2021. Replies due by 6/18/2021. (Attachments: #1 Declaration of Joshua H. Haffner ISO Motion for Attorney Fees, #2 Declaration of Paul D. Stevens ISO Motion for Attorney Fees, #3 Declaration of Michael Rubin ISO Motion for Attorney Fees)(Haffner, Joshua) (Filed on 5/28/2021)
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Filing 113
CLERK'S NOTICE RESETTING FINAL APPROVAL HEARING. Final Approval Hearing set for 9/15/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 4/12/2021)
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Filing 112
STIPULATION AND ORDER TO MOVE DATE ON HEARING ON MOTIONS FOR FINAL APPROVAL AND ATTORNEYS' FEES AND EXPENSES. Signed by Judge Beth Labson Freeman on 4/6/2021. Associated Cases: 5:17-cv-06220-BLF, 5:21-cv-00071-BLF(blflc1S, COURT STAFF) (Filed on 4/6/2021)
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Filing 111
STIPULATION WITH PROPOSED ORDER TO MOVE DATE ON HEARING ON MOTIONS FOR FINAL APPROVAL AND ATTORNEYS FEES AND EXPENSES filed by James C Kang. (Stevens, Paul) (Filed on 4/6/2021)
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Filing 110
ORDER GRANTING #96 PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge Beth Labson Freeman on 4/1/2021. Associated Cases: 5:17-cv-06220-BLF, 5:21-cv-00071-BLF(blflc1S, COURT STAFF) (Filed on 4/1/2021)
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Filing 109
Declaration of Joshua H. Haffner in Support of #96 MOTION for Settlement Preliminary Approval of proposed class action settlement filed byJames C Kang, Michael Moses. (Attachments: #1 Proposed Order)(Related document(s) #96 ) (Haffner, Joshua) (Filed on 3/31/2021)
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Filing 108
TRANSCRIPT ORDER for proceedings held on 3/18/2021 before Judge Beth Labson Freeman for Court Reporter Summer Fisher. (sp, COURT STAFF) (Filed on 3/22/2021)
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Filing 107
Transcript of Proceedings held on 03/18/2021, before Judge Beth Labson Freeman. Court Reporter/Transcriber Summer Fisher, telephone number summer_fisher@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #105 Transcript Order ) Redaction Request due 4/9/2021. Redacted Transcript Deadline set for 4/19/2021. Release of Transcript Restriction set for 6/17/2021. (Related documents(s) #105 ) (Fisher, Summer) (Filed on 3/19/2021)
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#Electronic filing error. Duplicate entry. [err103] Re: #106 Transcript Order filed by James C Kang, Michael Moses (sfbS, COURT STAFF) (Filed on 3/19/2021)
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Filing 106
TRANSCRIPT ORDER for proceedings held on 3/18/21 before Judge Beth Labson Freeman by James C Kang, Michael Moses, for Court Reporter Summer Fisher. (Haffner, Joshua) (Filed on 3/18/2021)
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Filing 105
TRANSCRIPT ORDER for proceedings held on 3/18/21 before Judge Beth Labson Freeman by James C Kang, Michael Moses, for Court Reporter Summer Fisher. (Haffner, Joshua) (Filed on 3/18/2021)
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Filing 104
Minute Entry for proceedings held before Judge Beth Labson Freeman: Motion Hearing held by Zoom on 3/18/2021. re (96 in 5:17-cv-06220-BLF) MOTION for Settlement Preliminary Approval of proposed class action settlement filed by James C Kang, Michael Moses Motion for Final Approval Hearing set for 9/16/2021 09:00 AM in San Jose, - Videoconference Only before Judge Beth Labson Freeman.Total Time in Court: 45 minutes. Court Reporter: Summer Fisher. Plaintiff Attorney: Joshua Haffner, Paul Stevens, Eileen Goldsmith. Defendant Attorney: Thomas Kaufman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (pmcS, COURT STAFF) (Date Filed: 3/18/2021)
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Filing 103
ORDER APPROVING STIPULATION TO CONSOLIDATE CASES. Signed by Judge Beth Labson Freeman on 3/12/2021. (blflc1S, COURT STAFF) (Filed on 3/12/2021)
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Filing 102
STIPULATION WITH PROPOSED ORDER TO CONSOLIDATE CASES filed by James C Kang. (Stevens, Paul) (Filed on 3/12/2021)
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Filing 101
CLERKS NOTICE CONVERTING MOTION HEARING TO ZOOM WEBINAR HEARING. Motion Hearing as to #96 MOTION for Settlement Preliminary Approval of proposed class action settlement. Motion Hearing set for 3/18/2021 09:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscour ts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than March 16, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.usc ourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Filed on 3/11/2021)
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Filing 100
ORDER RE ISSUE TO BE ADDRESSED AT MARCH 18, 2021 HEARING. Signed by Judge Beth Labson Freeman on 3/10/2021. (blflc1S, COURT STAFF) (Filed on 3/10/2021)
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Filing 99
NOTICE of Appearance by Lauren Anaelle Bochurberg (Bochurberg, Lauren) (Filed on 3/3/2021)
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Filing 98
ORDER GRANTING PARTIES' REQUEST TO ADVANCE HEARING ON PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT. Motion Hearing set for 3/18/2021 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 3/1/2021. (blflc1S, COURT STAFF) (Filed on 3/1/2021)
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Filing 97
STATUS REPORT by James C Kang. (Stevens, Paul) (Filed on 2/26/2021)
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Filing 96
MOTION for Settlement Preliminary Approval of proposed class action settlement filed by James C Kang, Michael Moses. Motion Hearing set for 8/5/2021 09:00 AM in Oakland, Courtroom 3, 3rd Floor before Judge Beth Labson Freeman. Responses due by 3/12/2021. Replies due by 3/19/2021. (Attachments: #1 Declaration of Paul D. Stevens in support of Motion for preliminary approval of proposed class action settlement, #2 Declaration of Joshua H. Haffner in support of Motion for preliminary approval of proposed class action settlement, #3 Declaration of Michael Rubin in support of Motion for preliminary approval of proposed class action settlement, #4 Proposed Order)(Haffner, Joshua) (Filed on 2/26/2021)
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Filing 95
ORDER GRANTING PARTIES' REQUEST TO VACATE CASE MANAGEMENT CONFERENCE SET FOR FEBRUARY 11, 2020; AND SETTING DEADLINE OF FEBRUARY 26, 2021 FOR PRELIMINARY APPROVAL MOTION OR STATUS REPORT. Preliminary Approval Motion or Status Report due by 2/26/2021. Signed by Judge Beth Labson Freeman on 2/9/2021. (blflc1S, COURT STAFF) (Filed on 2/9/2021)
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Filing 94
CLERKS NOTICE CONVERTING CASE MANAGMENT CONFERENCE TO ZOOM WEBINAR. Further Case Management Conference set for 2/11/2021 11:00 AM before Judge Beth Labson Freeman will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/blf Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at blfcrd@cand.uscourts.gov no later than February 10, 2021 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no documen t associated with this entry.) (tshS, COURT STAFF) (Filed on 2/8/2021)
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Filing 93
JOINT CASE MANAGEMENT STATEMENT filed by James C Kang. (Stevens, Paul) (Filed on 2/4/2021)
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Case reopened per dkt #91 Order Reopening Case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (sfbS, COURT STAFF) (Filed on 1/7/2021)
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Filing 92
ORDER GRANTING #90 UNOPPOSED ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES SHOULD BE RELATED; AND SETTING CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 2/11/2021 11:00 AM in San Jose, Courtroom 3, 5th Floor. Signed by Judge Beth Labson Freeman on 1/7/2021. (blflc1S, COURT STAFF) (Filed on 1/7/2021)
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Filing 91
ORDER ADMINISTRATIVELY REOPENING CASE. Signed by Judge Beth Labson Freeman on 1/7/2021. (blflc1S, COURT STAFF) (Filed on 1/7/2021)
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Filing 90
ADMINISTRATIVE MOTION relate case Unopposed Administrative Motion to Consider Whether Cases should be Related filed by James C Kang, Michael Moses. Responses due by 1/11/2021. (Attachments: #1 Declaration of Eileen B. Goldsmith, #2 Proposed Order, #3 Supplement Proof of Service)(Goldsmith, Eileen) (Filed on 1/7/2021)
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Filing 89
NOTICE of Appearance by Michael Rubin (Rubin, Michael) (Filed on 1/7/2021)
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Filing 88
STATUS REPORT by James C Kang, Michael Moses. (Haffner, Joshua) (Filed on 12/29/2020)
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Filing 87
ORDER DIRECTING PLAINTIFF TO FILE A DISMISSAL OR STATUS REPORT RE SETTLEMENT ON OR BEFORE DECEMBER 29, 2020; VACATING CASE SCHEDULE; AND ADMINISTRATIVELY CLOSING CASE (addressing #86 ). Status Report due by 12/29/2020. Signed by Judge Beth Labson Freeman on 10/30/2020. (blflc1S, COURT STAFF) (Filed on 10/30/2020)
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Filing 86
NOTICE by James C Kang, Michael Moses of Settlement (Haffner, Joshua) (Filed on 10/29/2020)
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Filing 85
ORDER GRANTING #84 PARTIES' JOINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE AND STAY CASE THROUGH OCTOBER 31, 2020; AND DIRECTING PARTIES TO FILE A STATUS REPORT ON NOVEMBER 2, 2020. Case stayed. Status Report due by 11/2/2020. Signed by Judge Beth Labson Freeman on 7/23/2020. (blflc1S, COURT STAFF) (Filed on 7/23/2020)
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Filing 84
STATUS REPORT JOINT STATUS CONFERENCE STATEMENT by Wells Fargo Bank, N.A.. (Kaufman, Thomas) (Filed on 7/22/2020)
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Filing 83
ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE FROM JUNE 25, 2020 AT 11:00 AM TO JULY 30, 2020 AT 11:00 AM. Case Management Statement due by 7/23/2020. Further Case Management Conference set for 7/30/2020 11:00 AM in San Jose, Courtroom 3, 5th Floor. Signed by Judge Beth Labson Freeman on 6/19/2020. (blflc1S, COURT STAFF) (Filed on 6/19/2020)
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Filing 82
CLERK'S NOTICE CONVERTING CIVIL CASE MANAGEMENT CONFERENCES ON 6/25/2020 TO ZOOM WEBINAR. ***REGISTRATION OF COUNSEL IN ADVANCE IS REQUIRED, SEE BELOW*** Pre-registration by counsel with the clerk in advance of the hearing must be done by emailing one list from each side of the names of counsel who will be participating in the hearing to blfcrd@cand.uscourts.gov no later than Wednesday, June 24 at 2:00 PM, PST. All counsel, public, and press will join the webinar as attendees and be able to see and hear the proceedings but will not be able to participate in the proceedings until the Court switches them over to a participant. Before each case is called, counsel who have pre-registered with the clerk in advance of the hearing will be converted from attendee to participant. Once the hearing ends for their case, they will be switched back to attendee. The information below is for all counsel, members of the public and press to use for accessing the hearings set on June 25, 2020, at 11:00 AM. ***All Preregistered Counsel participating in the hearing shall sign in no later than 10:50 AM for check in.*** When: June 25, 2020 at 11:00 AM PST Topic: Judge Freeman - Thursday 6/25/2020 Case Management Conference Calendar Please use the link below to join the webinar: https://cand-uscourts.zoomgov.com/j/1607141430?pwd=OEszVGhPbTcxbjRGZngveGhmRnV5UT09Webinar ID: 160 714 1430Password: 773627 Or iPhone one-tap : US: +16692545252,,1607141430#,,1#,773627# or +16468287666,,1607141430#,,1#,773627# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 669 254 5252 or +1 646 828 7666 Webinar ID: 160 714 1430 Password: 773627 International numbers available: https://cand-uscourts.zoomgov.com/u/ad2COizskYOr an H.323/SIP room system: H.323: 161.199.138.10 (US West) or 161.199.136.10 (US East) Meeting ID: 160 714 1430 Password: 773627 SIP: 1607141430@sip.zoomgov.comFor more case information, please refer to the case docket at: https://www.cand.uscourts.gov/cases-e-filing/cm-ecf/or the judges calendar at: https://apps.cand.uscourts.gov/CEO/cfd.aspx?7149or the list of all upcoming hearings at: https://apps.cand.uscourts.gov/telhrg/ (This is a text-only entry generated by the court. There is no document associated with this entry.) For important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/.(tshS, COURT STAFF) (Filed on 6/19/2020)
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Filing 81
Statement Joint Status Conference Statement by James C Kang, Michael Moses. (Lambert, Graham) (Filed on 6/16/2020)
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Filing 80
NOTICE of Change of Address by Paul Daniel Stevens (Stevens, Paul) (Filed on 6/9/2020)
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Filing 79
ORDER LIFTING STAY AND SETTING CASE MANAGEMENT CONFERENCE FOR JUNE 25, 2020 (addressing #78 ). Case Management Statement due by 6/18/2020. Further Case Management Conference set for 6/25/2020 11:00 AM in San Jose, Courtroom 3, 5th Floor. Signed by Judge Beth Labson Freeman on 6/4/2020. (blflc1S, COURT STAFF) (Filed on 6/4/2020)
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Filing 78
NOTICE by James C Kang, Michael Moses OF JUDGMENT RE DISPOSITION OF APPEAL (Lambert, Graham) (Filed on 6/3/2020)
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Filing 77
ORDER STAYING ACTION. Signed by Judge Beth Labson Freeman on 7/15/2019. (blflc1S, COURT STAFF) (Filed on 7/15/2019)
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Filing 76
STATUS REPORT RE CLOSING OF CLASS PERIOD AND ADVISING COURT WHETHER ACTION SHOULD BE STAYED PURSUANT TO STIPULATED ORDER ISSUED MARCH 29, 2019 by James C Kang, Michael Moses. (Attachments: #1 Declaration of Tarus Dancy Regarding CPT'S Notification and Opt Out Procedure)(Haffner, Joshua) (Filed on 7/12/2019)
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Filing 75
ORDER DIRECTING PARTIES TO FILE STATUS REPORT RE CLOSING OF CLASS PERIOD; AND ADVISING COURT WHETHER ACTION SHOULD BE STAYED PURSUANT TO STIPULATED ORDER ISSUED MARCH 29, 2019. Status Report due by 7/12/2019. Signed by Judge Beth Labson Freeman on 7/5/2019. (blflc1S, COURT STAFF) (Filed on 7/5/2019)
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Filing 74
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Virginia K. DeMarchi for all further discovery matters re #73 Order of Recusal. Magistrate Judge Susan van Keulen no longer assigned to case. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bwS, COURT STAFF) (Filed on 7/1/2019)
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Filing 73
ORDER OF RECUSAL for discovery referral purposes . Signed by Judge Susan van Keulen on 6/28/2019. (dmcS, COURT STAFF) (Filed on 6/28/2019)
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Filing 72
ORDER APPROVING CLASS NOTICE (approving #71 ). Signed by Judge Beth Labson Freeman on 3/29/2019. (blflc1S, COURT STAFF) (Filed on 3/29/2019)
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Filing 71
Proposed Order [proposed] THIRD revised order approving class notice. by James C Kang, Michael Moses. (Attachments: #1 Exhibit 1)(Haffner, Joshua) (Filed on 3/29/2019)
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Filing 70
ORDER DENYING #69 SECOND REVISED STIPULATED REQUEST FOR APPROVAL OF CLASS NOTICE WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 3/25/2019. (blflc1S, COURT STAFF) (Filed on 3/25/2019)
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Filing 69
Proposed Order [PROPOSED] SECOND REVISED ORDER APPROVING CLASS NOTICE by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A)(Kaufman, Thomas) (Filed on 3/25/2019)
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Filing 68
ORDER DENYING #67 REVISED STIPULATED REQUEST FOR APPROVAL OF CLASS NOTICE WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 3/22/2019. (blflc1S, COURT STAFF) (Filed on 3/22/2019)
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Filing 67
Proposed Order [PROPOSED] REVISED ORDER APPROVING CLASS NOTICE by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A)(Kaufman, Thomas) (Filed on 3/22/2019)
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Filing 66
ORDER DENYING #65 STIPULATED REQUEST FOR APPROVAL OF CLASS NOTICE WITHOUT PREJUDICE. Signed by Judge Beth Labson Freeman on 3/21/2019.(blflc1S, COURT STAFF) (Filed on 3/21/2019)
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Filing 65
STIPULATION WITH PROPOSED ORDER STIPULATION TO CLASS NOTICE filed by Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order, #2 Exhibit Exhibit A to Stipulation and Proposed Order)(Kaufman, Thomas) (Filed on 3/21/2019)
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Pre-Trial and Jury Trial Dates VACATED re #63 Order on Stipulation. (tshS, COURT STAFF) (Filed on 2/27/2019)
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Filing 64
AMENDED COMPLAINT First against Wells Fargo Bank, N.A.. Filed byJames C Kang, Michael Moses. (Haffner, Joshua) (Filed on 2/27/2019)
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Filing 63
ORDER GRANTING #62 AMENDED JOINT MOTION STIPULATING TO AMENDMENT OF COMPLAINT,CERTIFICATION OF PLAINTIFF'S REST BREAK CLAIMS, AND STAY OF ACTION PENDING DECISION IN IBARRA MATTER. Signed by Judge Beth Labson Freeman on 2/27/2019.(blflc1S, COURT STAFF) (Filed on 2/27/2019)
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Filing 62
STIPULATION WITH PROPOSED ORDER AMENDED JOINT MOTION STIPULATING TO AMENDMENT OF COMPLAINT, CERTIFICATION OF PLAINTIFFS REST BREAK CLAIMS, AND STAY OF ACTION PENDING DECISION IN IBARRA MATTER filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit Exhibit 1 to Joint Motion, #2 Proposed Order, #3 Exhibit Exhibit 1 to Proposed Order)(Kaufman, Thomas) (Filed on 2/26/2019)
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Filing 61
ORDER REQUESTING CLARIFICATION RE #60 AMENDED JOINT MOTION. Signed by Judge Beth Labson Freeman on 2/13/2019. (blflc1S, COURT STAFF) (Filed on 2/13/2019)
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Filing 60
STIPULATION WITH PROPOSED ORDER AMENDED JOINT MOTION STIPULATING TO AMENDMENT OF COMPLAINT, CERTIFICATION OF PLAINTIFFS REST BREAK CLAIMS, AND STAY OF ACTION PENDING DECISION IN IBARRA MATTER filed by Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order Order Approving AMENDED Stipulation to Amendment to Complaint)(Kaufman, Thomas) (Filed on 2/11/2019)
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Filing 59
ORDER RELATING CASES. This action is hereby related to Moses v. Wells Fargo Bank, N.A., Case No. 18-cv-06679-RS. Signed by Judge Beth Labson Freeman on 2/11/2019. (blflc2S, COURT STAFF) (Filed on 2/11/2019)
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Filing 58
ORDER for referral for related case determination. Signed by Judge Richard Seeborg on 2/7/19. (cl, COURT STAFF) (Filed on 2/8/2019)
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Filing 57
ORDER CONSTRUING #56 MOTION TO WITHDRAW AS COUNSEL UNDER CIVIL LOCAL RULE 11-5 AS A NOTICE OF CHANGE IN COUNSEL UNDER CIVIL LOCAL RULE 5-1; DIRECTING CLERK TO TERMINATE ATTORNEY JASON P. BROWN PURSUANT TO NOTICE; AND VACATING HEARING DATE. Signed by Judge Beth Labson Freeman on 2/7/2019. (blflc1S, COURT STAFF) (Filed on 2/7/2019)
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Filing 56
MOTION to Withdraw as Attorney Jason P. Brown's Motion to Withdraw as Counsel of Record for Wells Fargo Bank, N.A.; [Proposed] Order filed by Wells Fargo Bank, N.A.. Motion Hearing set for 6/20/2019 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 2/21/2019. Replies due by 2/28/2019. (Brown, Jason) (Filed on 2/7/2019)
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Filing 55
STIPULATION WITH PROPOSED ORDER JOINT MOTION STIPULATING TO AMENDMENT OF COMPLAINT, CERTIFICATION OF PLAINTIFF'S REST BREAK CLAIMS, AND STAY OF ACTION PENDING DECISION IN IBARRA MATTER filed by Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order Approving Stipulation)(Kaufman, Thomas) (Filed on 2/6/2019)
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Filing 54
ORDER GRANTING #40 PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. Signed by Judge Beth Labson Freeman on 2/6/2019.(blflc1S, COURT STAFF) (Filed on 2/6/2019)
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Filing 53
NOTICE by Wells Fargo Bank, N.A. DEFENDANT WELLS FARGO BANK, N.A.S NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS (Kaufman, Thomas) (Filed on 1/7/2019)
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Filing 52
Transcript of Proceedings held on 11-29-18, before Judge Beth Labson Freeman. Court Reporter/Transcriber Lee-Anne Shortridge, telephone number 408-287-4580 email: lee-anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #51 Transcript Order ) Release of Transcript Restriction set for 3/18/2019. (Related documents(s) #51 ) (las, ) (Filed on 12/18/2018)
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Filing 51
TRANSCRIPT ORDER for proceedings held on November 29, 2018 before Judge Beth Labson Freeman by Wells Fargo Bank, N.A., for Court Reporter Lee-Anne Shortridge. (Kaufman, Thomas) (Filed on 12/17/2018)
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Filing 50
First Amended ANSWER to Complaint byWells Fargo Bank, N.A.. (Kaufman, Thomas) (Filed on 12/6/2018)
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Filing 49
ORDER APPROVING #48 JOINT STIPULATION GRANTING DEFENDANT WELLS FARGO BANK, N.A. LEAVE TO FILE FIRST AMENDED ANSWER **AS MODIFIED**. Defendant shall file the First Amended Answer as a separate docket entry upon receipt of this Order. Signed by Judge Beth Labson Freeman on 12/6/2018.(blflc1S, COURT STAFF) (Filed on 12/6/2018)
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Filing 48
STIPULATION WITH PROPOSED ORDER Joint Stipulation Granting Defendant Wells Fargo Bank, N.A. Leave to File First Amended Answer filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Kaufman, Thomas) (Filed on 12/5/2018)
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Filing 47
Minute Entry for proceedings held before Hon. Beth Labson Freeman: Motion Hearing held on 11/29/2018 in re: #40 MOTION to Certify Class Plaintiff's Notice of Motion and Motion For Rule 23 Class Certification filed by James C Kang.A forthcoming Order will memorialize all relevant information, deadlines, and rulings from the hearing. Time in Court: 37 minutes. Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Joshua Haffner, Paul Stevens. Defendant Attorney: Thomas Kaufman.(This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 11/29/2018)
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Filing 46
REPLY (re #40 MOTION to Certify Class Plaintiff's Notice of Motion and Motion For Rule 23 Class Certification ) filed byJames C Kang. (Attachments: #1 Declaration of Joshua H. Haffner re Plaintiff's reply in support of Motion for rule 23 Class Certification)(Haffner, Joshua) (Filed on 11/14/2018)
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Filing 45
OPPOSITION/RESPONSE (re #40 MOTION to Certify Class Plaintiff's Notice of Motion and Motion For Rule 23 Class Certification ) Memorandum of Points and Authorities in Support of Opposition to Plaintiff's Motion for Class Certification filed byWells Fargo Bank, N.A.. (Kaufman, Thomas) (Filed on 11/9/2018)
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Filing 44
ORDER STRIKING #42 DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION; DIRECTING DEFENDANT TO REFILE BRIEF ON OR BEFORE NOVEMBER 13, 2018; AND STRIKING #43 DEFENDANT'S OBJECTIONS TO EVIDENCE IN OPPOSITION TO PLAINTIFF'S MOTION FOR CLASS CERTIFICATION. Signed by Judge Beth Labson Freeman on 11/8/2018. (blflc1S, COURT STAFF) (Filed on 11/8/2018)
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Filing 43
OPPOSITION/RESPONSE (re #40 MOTION to Certify Class Plaintiff's Notice of Motion and Motion For Rule 23 Class Certification ) Objections to Evidence in Opposition to Plaintiff's Motion for Class Certification filed byWells Fargo Bank, N.A.. (Kaufman, Thomas) (Filed on 11/8/2018)
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Filing 42
OPPOSITION/RESPONSE (re #40 MOTION to Certify Class Plaintiff's Notice of Motion and Motion For Rule 23 Class Certification ) filed byWells Fargo Bank, N.A.. (Attachments: #1 Defendant's Compendium of Putative Class Member Declarations In Opposition to Pltf's Motion for Class Cert, #2 Appendix Appendix of Evidence Vol 1 (Exhibits A-F), #3 Appendix Appendix of Evidence Vol 2 (Exhibits G-N))(Kaufman, Thomas) (Filed on 11/7/2018)
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Filing 41
Declaration of Paul D. Stevens in Support of #40 MOTION to Certify Class Plaintiff's Notice of Motion and Motion For Rule 23 Class Certification filed byJames C Kang. (Attachments: #1 Exhibits 1-4 to Declaration of Paul D. Stevens In Support of Plaintiff's Motion For Rule 23 Class Certification, #2 Exhibits 5-20 to Declaration of Paul D. Stevens In Support of Plaintiff's Motion For Rule 23 Class Certification, #3 Exhibits 21-22 to Declaration of Paul D. Stevens In Support of Plaintiff's Motion For Rule 23 Class Certification, #4 Exhibits 23-24 to Declaration of Paul D. Stevens In Support of Plaintiff's Motion For Rule 23 Class Certification, #5 Exhibits 25 to Declaration of Paul D. Stevens In Support of Plaintiff's Motion For Rule 23 Class Certification)(Related document(s) #40 ) (Stevens, Paul) (Filed on 10/15/2018)
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Filing 40
MOTION to Certify Class Plaintiff's Notice of Motion and Motion For Rule 23 Class Certification filed by James C Kang. Motion Hearing set for 11/29/2018 09:00 AM before Judge Beth Labson Freeman. Responses due by 11/7/2018. Replies due by 11/15/2018. (Attachments: #1 Declaration of Joshua H. Haffner In Support of Plaintiff's Motion for Rule 23 Class Certification, #2 Declaration of James C. Kang In Support of Plaintiff's Motion for Rule 23 Class Certification, #3 [Proposed] Order Granting Plaintiff's Motion For Class Certification)(Stevens, Paul) (Filed on 10/15/2018)
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Set Deadlines as to Motion for Class Certification: Class Certification Motion due 10/15/2018; Oppositions to Class Certification due 11/7/2018; Reply to Opposition to Class Certification due 11/15/2018; Class Certification Motion Hearing set for 11/29/2018 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. (tshS, COURT STAFF) (Filed on 10/9/2018)
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Filing 39
ORDER APPROVING #38 STIPULATION RE BRIEFING CLASS CERTIFICATION. Signed by Judge Beth Labson Freeman on 10/9/2018.(blflc1S, COURT STAFF) (Filed on 10/9/2018)
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Filing 38
STIPULATION WITH PROPOSED ORDER STIPULATION RE BRIEFING CLASS CERTIFICATION filed by Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Kaufman, Thomas) (Filed on 10/9/2018)
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Filing 37
STIPULATED PROTECTIVE ORDER, granting ECF No. #36 . Signed by Magistrate Judge Susan van Keulen on 6/27/2018. (ofr, COURT STAFF) (Filed on 6/27/2018)
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Filing 36
STIPULATION WITH PROPOSED ORDER STIPULATED PROTECTIVE ORDER filed by Wells Fargo Bank, N.A.. (Brown, Jason) (Filed on 6/26/2018)
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Filing 35
ORDER RE DISCLOSURE. Signed by Magistrate Judge Susan van Keulen on 5/16/2018. (ofr, COURT STAFF) (Filed on 5/16/2018)
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Filing 34
ORDER GRANTING #33 STIPULATION RE CASE MANAGEMENT SCHEDULE AS MODIFIED BY COURT. Signed by Judge Beth Labson Freeman on 2/26/2018. (blflc4S, COURT STAFF) (Filed on 2/26/2018)
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Filing 33
STIPULATION WITH PROPOSED ORDER STIPULATION RE CASE MANAGEMENT filed by Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order)(Kaufman, Thomas) (Filed on 2/23/2018)
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Filing 32
CASE MANAGEMENT ORDER re 31 Case Management Conference - Initial, Motions for Class Certification set for 11/29/2018 09:00 AM. Last Day to Hear Dispositive Motions set for 9/19/2019 09:00 AM. Final Pretrial Conference set for 12/12/2019 01:30 PM. Jury Selection set for 1/24/2020, 1/27/2020 09:00 AM. Jury Trial set for 1/27/2020, 1/28/2020, 1/29/2020, 1/30/2020, 1/31/2020, 2/3/2020, 2/4/2020, 2/5/2020, 2/6/2020, 2/7/2020 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 2/01/2018. (tshS, COURT STAFF) (Filed on 2/1/2018)
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Filing 31
Minute Entry for proceedings held before Judge Beth Labson Freeman: Initial Case Management Conference held on 2/1/2018.FTR Time: 11:10 - 11:22. Plaintiff Attorney: Joshua Haffner via Courtcall, Paul Steven via Courtcall. Defendant Attorney: Thomas Kaufman via Courtcall. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshS, COURT STAFF) (Date Filed: 2/1/2018)
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Filing 30
ORDER GRANTING #29 PLAINTIFF'S ADMINISTRATIVE MOTION TO MAKE TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 1/29/2018.(blflc1S, COURT STAFF) (Filed on 1/29/2018)
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Filing 29
MOTION to Appear by Telephone at Case Management Conference set for February 1, 2018 filed by James C Kang. (Stevens, Paul) (Filed on 1/29/2018)
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Filing 28
MOTION to Appear by Telephone at Case Management Conference set for February 1, 2018 filed by James C Kang. (Haffner, Joshua) (Filed on 1/29/2018)
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Filing 27
ORDER GRANTING #26 DEFENDANT WELLS FARGO BANK, N.A.'S ADMINISTRATIVE MOTION TO MAKE TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCE. Signed by Judge Beth Labson Freeman on 1/26/2018.(blflc1S, COURT STAFF) (Filed on 1/26/2018)
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Filing 26
ADMINISTRATIVE MOTION TO MAKE TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCE re 12 Clerk's Notice,,, Set Motion and Deadlines/Hearings,, filed by Wells Fargo Bank, N.A.. Responses due by 1/30/2018. (Kaufman, Thomas) (Filed on 1/26/2018)
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Filing 25
REPORT of Rule 26(f) Planning Meeting JOINT RULE 26(f) REPORT. (Kaufman, Thomas) (Filed on 1/25/2018)
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Filing 24
Notice of Withdrawal of Motion DEFENDANT WELLS FARGO BANK, N.A.S NOTICE OF WITHDRAWAL OF MOTION TO TRANSFER (Kaufman, Thomas) (Filed on 1/24/2018)
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Filing 23
Certificate of Interested Entities by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Brown, Jason) (Filed on 1/22/2018)
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Filing 22
STIPULATION AND ORDER SELECTING ADR PROCESS (granting #20 ). Signed by Judge Beth Labson Freeman on 1/22/2018.(blflc1S, COURT STAFF) (Filed on 1/22/2018)
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Filing 21
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Kaufman, Thomas) (Filed on 1/19/2018)
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Filing 20
STIPULATION and Proposed Order selecting Private ADR by Wells Fargo Bank, N.A. filed by Wells Fargo Bank, N.A.. (Kaufman, Thomas) (Filed on 1/19/2018)
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Filing 19
ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 1/16/2018)
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Filing 18
REPLY (re #14 MOTION to Transfer Case ) filed byWells Fargo Bank, N.A.. (Kaufman, Thomas) (Filed on 12/4/2017)
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Filing 17
OPPOSITION/RESPONSE (re #14 MOTION to Transfer Case ) filed byJames C Kang. (Haffner, Joshua) (Filed on 11/30/2017)
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Filing 16
NOTICE of Appearance by Paul Berkowitz (Berkowitz, Paul) (Filed on 11/16/2017)
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Filing 15
NOTICE of Appearance by Jason Patrick Brown (Brown, Jason) (Filed on 11/16/2017)
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Filing 14
MOTION to Transfer Case filed by Wells Fargo Bank, N.A.. Motion Hearing set for 2/1/2018 09:00 AM in Courtroom 3, 5th Floor, San Jose before Judge Beth Labson Freeman. Responses due by 11/30/2017. Replies due by 12/7/2017. (Attachments: #1 Declaration of Thomas R. Kaufman, #2 Exhibit to T. Kaufman Declaration (A through I))(Kaufman, Thomas) (Filed on 11/16/2017)
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Filing 13
ANSWER to Complaint byWells Fargo Bank, N.A.. (Kaufman, Thomas) (Filed on 11/16/2017)
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Filing 12
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 1/25/2018. Case Management Conference set for 2/01/2018 11:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. All other deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/blf This is a text only docket entry, there is no document associated with this notice. (tshS, COURT STAFF) (Filed on 11/1/2017)
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Filing 11
WAIVER OF SERVICE Returned Executed filed by James C Kang. Service waived by Wells Fargo Bank, N.A. waiver sent on 10/31/2017, answer due 1/2/2018. (Haffner, Joshua) (Filed on 10/31/2017)
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Judge Beth Labson Freeman and Magistrate Judge Susan van Keulen for all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 10/30/17. (Attachments: #1 Notice of Eligibility for Video Recording)(cv, COURT STAFF) (Filed on 10/30/2017)
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Filing 9
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ofr, COURT STAFF) (Filed on 10/30/2017)
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Filing 8
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by James C Kang.. (Haffner, Joshua) (Filed on 10/30/2017)
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Filing 7
Summons Issued as to Wells Fargo Bank, N.A.. (cv, COURT STAFF) (Filed on 10/27/2017)
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/23/2018. Initial Case Management Conference set for 1/30/2018 09:30 AM in Courtroom 6, 4th Floor, San Jose. (cv, COURT STAFF) (Filed on 10/27/2017)
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Filing 5
Case assigned to Magistrate Judge Susan van Keulen. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/13/2017. (srnS, COURT STAFF) (Filed on 10/27/2017)
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Filing 4
Civil Cover Sheet by James C Kang . (Haffner, Joshua) (Filed on 10/27/2017)
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Filing 3
Proposed Summons. (Haffner, Joshua) (Filed on 10/27/2017)
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Filing 2
*** POSTED ERROR *** please see #4 Civil Cover Sheet by James C Kang . (Haffner, Joshua) (Filed on 10/27/2017) Modified on 10/27/2017 (cv, COURT STAFF).
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Filing 1
COMPLAINT against Wells Fargo Bank, N.A. ( Filing fee $ 400, receipt number 0971-11832593.). Filed byJames C Kang. (Haffner, Joshua) (Filed on 10/27/2017)
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Electronic filing error. Please complete the Northern District of California's civil cover sheet and docket. Our court's civil cover sheet is available on our website. Please re-file in its entirety. Thank you. Re: #2 Civil Cover Sheet filed by James C Kang (srnS, COURT STAFF) (Filed on 10/27/2017)
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