Karlen et al v. Wells Fargo Bank, N.A. et al
| Carla Karlen and Gerard Karlen |
| Wells Fargo Bank, N.A. and Wells Fargo Mortgage Backed Securities 2007-2 Trust |
| 3:2022cv00906 |
| July 15, 2022 |
| US District Court for the District of Connecticut |
| Omar A Williams |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| None |
Docket Report
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This docket was last retrieved on May 8, 2024. A more recent docket listing may be available from PACER.
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Set Deadline: Motion to Dismiss due by 9/16/2022. (Velez, F.)
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Filing 56
ORDER denying #48 MOTION to Stay. Plaintiff has moved to stay the instant action pending the outcome of an appeal of the transfer order in this case. See ECF No. #48 , #37 . In opposing Plaintiff's motion, Defendant attaches an order from the Ninth Circuit dismissing Plaintiff's appeal. See ECF No. #54 . Defendant further represents that it previously failed to file a response to Plaintiff's motion because "Wells Fargo reasonably expected Plaintiffs to withdraw their Motion to Stay." Id. at 9. The court agrees that Plaintiffs should have provided this court notice of a dispositive action with respect to their appeal. In any event, because no appeal is pending, the court hereby denies as moot Plaintiff's motion to stay pending an appeal. Defendant is permitted to renew its motion to dismiss (ECF No. #14 ) on or before September 16, 2022. Signed by Judge Omar A. Williams on 9/1/2022. (Mamillapalli, S.).
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Filing 54
Memorandum in Opposition re #48 MOTION to Stay filed by Wells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust. (Attachments: #1 Exhibit A; 9th Cir. Order Dismissing Appeal)(Higgins, Sean)
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Filing 55
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Omar A. Williams on 8/30/2022. (Velez, F.)
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Filing 53
ORDER granting #50 MOTION to participate in Electronic Filing. Signed by Judge Omar A. Williams on 8/30/2022. (Mamillapalli, S.).
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Filing 52
ORDER. Plaintiffs have moved to stay the instant action pending the appeal of an order from the Northern District of California which transferred the case to the undersigned in the District of Connecticut. See Motion to Stay, ECF No. #48 ; Transfer Order, ECF No. #37 . Defendant represented in the parties' most recent joint status report that "Wells Fargo will oppose Plaintiff's Motion to Stay by August 26, 2022[.]" ECF No. #51 at p. 5. However, Defendant has not yet filed any response to Plaintiffs' motion to stay, nor moved for an extension of time of the response deadline. If Defendant wishes to oppose the motion to stay, Defendant must submit a response to the motion on or before September 14, 2022, along with an explanation as to why Defendant failed to timely submit a response by the August 26 deadline. Defendant also requests leave to renew its motion to dismiss (ECF No. #11 ). In transferring the case to the undersigned, United States District Judge Jacqueline Scott Corley declined to rule on Defendant's pending motion to dismiss. See ECF No. #37 at 5. The court finds it prudent to address Plaintiffs' motion for a stay prior to the renewal of a motion to dismiss. Accordingly, the court hereby denies Defendant's request for leave to renew its motion to dismiss, without prejudice to seeking leave after the court adjudicates Plaintiffs' motion to stay. Signed by Judge Omar A. Williams on 8/30/2022. (Mamillapalli, S.).
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Set Deadline as to #48 MOTION to Stay. Responses due by 9/14/2022. (Mamillapalli, S.).
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Filing 51
Joint STATUS REPORT by Wells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust. (Higgins, Sean)
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Filing 50
MOTION by Self-Represented Litigant to Participate in Electronic Filing by Gerard Karlen. (Barry, L) Modified on 9/1/2022 (Barry, L).
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Filing 49
Consent to Electronic Notice by Self-Represented Litigant by Carla Karlen, Gerard Karlen (Barry, L)
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Filing 48
MOTION for a Stay in Proceedings Pursuant to Rule 8 of the Federal Rules of Appellate Procedure by Carla Karlen, Gerard Karlen.Responses due by 8/26/2022 (Barry, L)
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Filing 47
ORDER. The parties are hereby instructed to submit a joint status report in accordance with the attached order. Signed by Judge Omar A. Williams on 7/28/2022. (Mamillapalli, S.).
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***Entered in Error*** JUDICIAL PROCEEDINGS SURVEY (Fanelle, N.) Modified on 7/28/2022 (Fanelle, N.).
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Set Deadlines: Joint Status Report due by 8/12/2022. (Mamillapalli, S.).
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Docket Entry Correction re: JUDICIAL PROCEEDINGS SURVEY, entered in error. (Fanelle, N.)
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Filing 46
NOTICE of Appearance by Scott Ofrias on behalf of Wells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust (Ofrias, Scott)
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Filing 45
Notice to counsel in transferred case. Signed by Clerk on 7/27/2022. (Mendez, D)
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Filing 39
NOTICE of Appearance by Sean R. Higgins on behalf of Wells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust (Higgins, Sean)
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Filing 38
Case electronically transferred in from District of California Northern; Case Number 3:22-cv-02127. Modified on 7/19/2022 (Freberg, B).
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Judge Omar A. Williams added. (Freberg, B)
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Transferring case electronically to the District of Connecticut. (gba, COURT STAFF) (Filed on 7/15/2022)
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Filing 37
ORDER by Judge Jacqueline Scott Corley granting #7 Motion to Transfer Case. (ahm, COURT STAFF) (Filed on 7/14/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 36
Minute Entry for proceedings held before Judge Jacqueline Scott Corley: Motion Hearing held and recorded by Zoom videoconference on 7/14/2022 on #7 Defendants' Motion to Transfer Case. The motion is granted and the Court will issue a written order. (Digital Recording: 9:04-9:18)Pro Se Plaintiffs: Gerard Karlen/Carla KarlenAttorney for Defendants: Michael Rapkine (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 7/14/2022)
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Filing 35
OPPOSITION/RESPONSE (re #7 MOTION to Transfer Case ) filed byCarla Karlen. (Karlen, Gerard) (Filed on 7/13/2022)
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Filing 34
OPPOSITION/RESPONSE (re #11 MOTION to Dismiss ) filed byCarla Karlen. (Karlen, Gerard) (Filed on 7/13/2022)
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Filing 33
CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. In light of the pending motions (Dkt. Nos. #7 & #11 ), the Initial Case Management Conference set for 7/7/2022 is continued to 7/14/2022 at 9:00 a.m. by Zoom videoconference. (Meeting ID: 161 366 1817/Password: 924619) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 7/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 32
CASE MANAGEMENT STATEMENT filed by Gerard Karlen. (Karlen, Gerard) (Filed on 6/30/2022)
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Filing 31
CASE MANAGEMENT STATEMENT (Separate) filed by Wells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust. (Shulman, Jeremy) (Filed on 6/30/2022)
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Filing 30
REPLY (re #11 MOTION to Dismiss ) filed byWells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust. (Shulman, Jeremy) (Filed on 6/30/2022)
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Filing 29
REPLY (re #7 MOTION to Transfer Case ) filed byWells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust. (Shulman, Jeremy) (Filed on 6/30/2022)
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Filing 28
NOTICE of Appearance by Michael Rapkine re July 14, 2022 Motion Hearings (Rapkine, Michael) (Filed on 6/29/2022)
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Filing 27
Request for Judicial Notice filed byGerard Karlen. (Attachments: #1 Edgar Home Page for Defendant WFMBS 2007-2 Trust, #2 Pooling and Servicing Agreement, #3 Prospectus for WFMBS 2007-2 Trust)(Karlen, Gerard) (Filed on 6/23/2022)
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Filing 26
OPPOSITION/RESPONSE (re #7 MOTION to Transfer Case ) filed byGerard Karlen. (Karlen, Gerard) (Filed on 6/23/2022)
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Filing 25
OPPOSITION/RESPONSE (re #11 MOTION to Dismiss ) filed byGerard Karlen. (Karlen, Gerard) (Filed on 6/23/2022)
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Filing 24
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Shulman, Jeremy) (Filed on 6/23/2022)
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Filing 23
AFFIDAVIT of Service for Proof of Service served on Wells Fargo Bank, N.A, on 4/26/2022, filed by Gerard Karlen. (Karlen, Gerard) (Filed on 6/22/2022)
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Filing 22
AFFIDAVIT of Service for Proof of Service served on Wells Fargo Mortgage Backed Securities 2007-2 Trust on April 18, 2022, filed by Gerard Karlen. (Karlen, Gerard) (Filed on 6/22/2022)
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Filing 21
AFFIDAVIT Affidavit of Service by Gerard Karlen. (Karlen, Gerard) (Filed on 6/22/2022)
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Filing 20
ORDER by Judge Jacqueline Scott Corley granting #19 Motion for Extension of Time to File Response to #7 Motion to Transfer Case and #11 Motion to Dismiss . Responses due by 6/23/2022. Replies due by 6/30/2022. (ahm, COURT STAFF) (Filed on 6/1/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Order emailed to Plaintiffs on June 1, 2022. Modified on 6/1/2022 (ahm, COURT STAFF).
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Filing 19
MOTION for Extension of Time to File Response/Reply filed by Gerard Karlen. (Attachments: #1 Affidavit Affidavit in Support of Motion, #2 Proposed Order Proposed Order)(Karlen, Gerard) (Filed on 6/1/2022)
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Set/Reset Deadlines as to #7 MOTION to Transfer Case . Responses due by 6/23/2022. Replies due by 6/30/2022. (ahm, COURT STAFF) (Filed on 6/1/2022)
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Set/Reset Deadlines as to #7 MOTION to Transfer Case and #11 MOTION to Dismiss reset for 7/14/2022 at 9:00 a.m. before Judge Jacqueline Scott Corley 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/jsc Court Appearances: Advanced notice is required of counsel or parties who wish t o be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 7/13/2022.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/. (ahm, COURT STAFF) (Filed on 6/1/2022)
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Filing 18
Renotice motion hearing re #7 MOTION to Transfer Case Scheduled for June 16, 2022, re New Time and Department filed byWells Fargo Bank, N.A.. (Related document(s) #7 ) (Shulman, Jeremy) (Filed on 5/19/2022)
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Filing 17
Renotice motion hearing re #11 MOTION to Dismiss Scheduled for June 16, 2022, re New Time and Department filed byWells Fargo Bank, N.A.. (Related document(s) #11 ) (Shulman, Jeremy) (Filed on 5/19/2022)
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Filing 16
AMENDED CLERK'S NOTICE RESETTING MOTION HEARING DATE. Set/Reset Deadlines as to #7 Motion to Transfer Case and #11 Motion to Dismiss reset for 6/16/2022 at 9:00 a.m. before Judge Jacqueline Scott Corley 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/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 6/15/2022.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/. (ahm, COURT STAFF) (Filed on 5/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 5/19/2022 (ahm, COURT STAFF).
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Filing 15
CLERK'S NOTICE RESETTING MOTION HEARING DATE. Set/Reset Deadlines as to #7 Motion to Transfer Case and #11 Motion to Dismiss reset for 6/16/2022 at 9:00 a.m. before Judge Jacqueline Scott Corley 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/jsc Court Appearances: Advanced notice i s 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 6/15/2022.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/. (ahm, COURT STAFF) (Filed on 5/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 05/19/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(jlg, COURT STAFF) (Filed on 5/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 13
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. (tshlc1, COURT STAFF) (Filed on 5/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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The initial case management conference set for July 7, 2022 at 1:30 p.m. before Judge Jaqueline Scott Corley 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/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on July 6, 2022.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/. (ahm, COURT STAFF) (Filed on 5/19/2022)
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Filing 12
Request for Judicial Notice re #11 MOTION to Dismiss filed byWells Fargo Bank, N.A.. (Related document(s) #11 ) (Shulman, Jeremy) (Filed on 5/9/2022)
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Filing 11
MOTION to Dismiss filed by Wells Fargo Bank, N.A.. Motion Hearing set for 6/16/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 5/23/2022. Replies due by 5/31/2022. (Attachments: #1 Proposed Order)(Shulman, Jeremy) (Filed on 5/9/2022)
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Filing 10
CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 5/16/2022. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 5/9/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 9
Certificate of Interested Entities by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Co, Corporate Parent Wells Fargo Bank, N.A for Wells Fargo Bank, N.A.. re #7 MOTION to Transfer Case (Shulman, Jeremy) (Filed on 5/9/2022)
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Filing 8
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wells Fargo Bank, N.A... (Shulman, Jeremy) (Filed on 5/9/2022)
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Filing 7
MOTION to Transfer Case filed by Wells Fargo Bank, N.A.. Motion Hearing set for 6/16/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 5/23/2022. Replies due by 5/31/2022. (Attachments: #1 Declaration of Jeremy E. Shulman iso Motion to Transfer, #2 Proposed Order)(Shulman, Jeremy) (Filed on 5/9/2022)
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Filing 6
ORDER by Judge Thomas S. Hixson granting #2 Motion for Permission for Electronic Case Filing. (tshlc2, COURT STAFF) (Filed on 4/11/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 5
Notice Regarding Resources Available to Pro Se Litigants. Signed by Judge Thomas S. Hixson on March 30, 2022. (gba, COURT STAFF) (Filed on 4/4/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 4
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/30/2022. Initial Case Management Conference set for 7/7/2022 10:00 AM in San Francisco, Courtroom G, 15th Floor. (gba, COURT STAFF) (Filed on 4/4/2022) Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 3
Summons Issued as to Wells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust. (gba, COURT STAFF) (Filed on 4/4/2022)
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Filing 2
MOTION for Permission for Electronic Case Filing filed by Carla Karlen, Gerard Karlen. (Attachments: #1 Proposed Order) (gba, COURT STAFF) (Filed on 4/4/2022)
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Filing 1
COMPLAINT against Wells Fargo Bank, N.A., Wells Fargo Mortgage Backed Securities 2007-2 Trust (Filing fee $ 402.00, Receipt Number 34611159004). Filed by Gerard Karlen, Carla Karlen. Consent/Declination due by 4/18/2022. (Attachments: #1 Civil Cover Sheet, #2 Receipt) (gba, COURT STAFF) (Filed on 4/4/2022)
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