Nickolas v. Bank of New York Mellon et al

Plaintiff: Steven Nickolas
Defendant: Bank of New York Mellon, Unknown Parties and Structured Asset Management Mortgage Investments II LLC
Case Number: 2:2019cv00166
Filed: January 10, 2019
Court: US District Court for the District of Arizona
Presiding Judge: John Z Boyle
Referring Judge: Dominic W Lanza
Nature of Suit: Real Property: Other
Cause of Action: 28:1441
Jury Demanded By: None

Docket Report

This docket was last retrieved on May 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2019 Filing 31 RESPONSE to Motion re: #28 MOTION Motion to Clarify Plaintiff and Defendants' Motions Filed at ECF Nos. 7-8 and 16-19; Memorandum of Points and Authorities in Support Thereof re: #7 MOTION to Dismiss for Failure to State a Claim filed by Steven Nickolas. (Horne, Thomas) *Modified text on 3/7/2019 (DXD).
March 6, 2019 Filing 30 NOTICE re: Request for Judicial Notice by Bank of New York Mellon re: #29 MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss Plaintiff's Second Amended Complaint) . (Attachments: #1 Exhibit 1-35 (pt 1), #2 Exhibit 1-35 (pt 2), #3 Exhibit 1-35 (pt 3), #4 Exhibit 1-35 (pt 4))(Edwards, Erin)
March 6, 2019 Filing 29 MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss Plaintiff's Second Amended Complaint) by Bank of New York Mellon. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Dismiss Second Amended Complaint)(Edwards, Erin)
February 26, 2019 Filing 28 *MOTION to Clarify Plaintiff and Defendants' Motions Filed at ECF Nos. 7-8 and 16-19; Memorandum of Points and Authorities in Support Thereof re: #7 MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss Amended Complaint), #8 Request for Judicial Notice Supporting Motion to Dismiss by Bank of New York Mellon. (Attachments: #1 Exhibit Exhibit A)(Edwards, Erin) *Modified text on 2/26/2019 (SLQ).
February 21, 2019 Filing 27 NOTICE re: of filing Verification to 2nd Amended Complaint by Steven Nickolas re: #26 Amended Complaint . (Attachments: #1 Exhibit Verification executed)(Horne, Thomas)
February 21, 2019 Filing 26 AMENDED COMPLAINT SECOND against Steven Nickolas filed by Steven Nickolas. (Attachments: #1 Exhibit Exhibit to 2nd Amended Complaint, #2 Exhibit Exhibit to 2nd Amended Complaint, #3 Exhibit Exhibit to 2nd Amended Complaint)(Horne, Thomas)
February 20, 2019 Filing 25 NOTICE TO FILER OF DEFICIENCY re: #24 Notice of Filing - Amended Pleading (LRCiv 15.1(b)). Document not in compliance with LRCiv 15.1(b) - The amending party must file a separate notice of filing the amended pleading as well as the clean version of the amended complaint. FOLLOW-UP ACTION REQUIRED: Please file the clean version of the amended complaint using event Amended Complaint located under the Amended Pleadings and Service category. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD)
February 20, 2019 Filing 24 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Steven Nickolas with Written Consent and Redlined 2nd Amended Complaint. (Attachments: #1 Exhibit)(Horne, Thomas)
February 19, 2019 Filing 23 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Defendants Bank of New York Mellon, Structured Asset Management Mortgage Investments II LLC. (Edwards, Erin)
February 15, 2019 Filing 22 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Steven Nickolas. (Horne, Thomas)
February 15, 2019 Opinion or Order Filing 21 ORDER: IT IS ORDERED denying as moot the parties' Stipulation to File Second Amended Complaint (Doc. #20 ) because no such stipulation is needed. Plaintiff is ordered to adhere to LRCiv 15.1, which explains the procedure for amending a pleading with the opposing party's written consent. Ordered by Judge Dominic W Lanza on 2/15/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
February 14, 2019 Filing 20 *MOTION to Amend/Correct Complaint Stipulated by Steven Nickolas. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Horne, Thomas) *Modified to correct event on 2/15/2019 (DXD).
February 14, 2019 Filing 19 OBJECTION to Defendant's Request for Judicial Notice of Exhibit 31 re: #8 Request by Plaintiff Steven Nickolas. (Horne, Thomas) *Modified linkage on 2/15/2019 (DXD).
February 14, 2019 Filing 18 MOTION to Amend/Correct Treat Motion to Dismiss as a Motion for Summary Judgment by Steven Nickolas. (Attachments: #1 Text of Proposed Order)(Horne, Thomas)
February 14, 2019 Filing 17 STATEMENT OF FACTS re: #16 Motion for Summary Judgment by Plaintiff Steven Nickolas. (Attachments: #1 Exhibit)(Horne, Thomas) *Modified text on 2/15/2019 (DXD).
February 14, 2019 Filing 16 RESPONSE in Opposition re: #7 MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss Amended Complaint), MOTION for Summary Judgment filed by Steven Nickolas. (Attachments: #1 Exhibit)(Horne, Thomas) *Modified to add motion on 2/15/2019 (DXD).
January 30, 2019 Opinion or Order Filing 15 ORDER: IT IS ORDERED granting the parties' Stipulation (Doc. #14 ). The deadline for Plaintiff's response to the pending motion to dismiss is extended to February 14, 2019; the deadline for Defendants' reply is extended to February 27, 2019. Ordered by Judge Dominic W Lanza on 1/30/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
January 30, 2019 Filing 14 MOTION to Continue Deadline for Plaintiff to Respond to Motion to Dismiss Stipulated by Plaintiff and Defendants by Steven Nickolas. (Horne, Thomas)
January 22, 2019 Opinion or Order Filing 13 PRELIMINARY ORDER [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/22/19. (Attachments: #1 Notice - MIDP, #2 MIDP User Manual)(MAW)
January 22, 2019 Filing 12 MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Dominic W. Lanza. All further pleadings/papers should now list the following COMPLETE case number: CV-19-166-PHX-DWL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
January 22, 2019 Filing 11 Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP)
January 18, 2019 Remark: Pro hac vice motion granted for Erin E Edwards on behalf of Bank of New York Mellon and Structured Asset Mortgage Inv. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
January 18, 2019 Filing 9 NOTICE of Appearance by Thomas C Horne on behalf of Steven Nickolas. (Horne, Thomas)
January 17, 2019 Filing 8 *REQUEST for Judicial Notice Supporting Motion to Dismiss Amended Complaint by Defendant Bank of New York Mellon and Structured Asset Management Mortgage Investments II LLC. (Attachments: #1 Exhibit 1-1 to Request for Judicial Notice, #2 Exhibit 1-2 to Request for Judicial Notice, #3 Exhibit 1-3 to Request for Judicial Notice, #4 Exhibit 1-4 to Request for Judicial Notice)(Balser, Justin) *Modified to correct filers on 1/17/2019 (SLQ).
January 17, 2019 Filing 7 *MOTION to Dismiss for Failure to State a Claim (Motion to Dismiss Amended Complaint) by Bank of New York Mellon and Structured Asset Management Mortgage Investments II LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Dismiss Plaintiff's Amended Complaint)(Balser, Justin) *Modified to correct filers on 1/17/2019 (SLQ).
January 14, 2019 Filing 6 NOTICE re: of Lodging by Bank of New York Mellon . (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit A-3, #4 Exhibit A-4, #5 Exhibit A-5, #6 Exhibit A-6)(Balser, Justin)
January 10, 2019 Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MFR)
January 10, 2019 Filing 4 Filing fee paid, receipt number 0970-16388914. This case has been assigned to the Honorable John Z Boyle. All future pleadings or documents should bear the correct case number: CV-19-0166-PHX-JZB. Magistrate Election form attached. PLEASE NOTE: Plaintiff(s) and defendants that have already appeared in this case are required to file the attached Magistrate Election form within FOURTEEN (14) days of this filing. Please read attached instructions. (MFR)
January 10, 2019 Filing 3 Corporate Disclosure Statement by Structured Asset Management Mortgage Investments II LLC. (Balser, Justin)(MFR)
January 10, 2019 Filing 2 Corporate Disclosure Statement by Bank of New York Mellon. (Balser, Justin) (MFR)
January 10, 2019 Filing 1 *NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2018-008345. Filing fee received: $ 400.00, receipt number 0970-16388914 filed by Bank of New York Mellon, Structured Asset Management Mortgage Investments II LLC. (Balser, Justin) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C)(MFR) *Modified to reflect correct filers on 1/11/2019 (MFR).

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Defendant: Bank of New York Mellon
Represented By: Justin Donald Balser
Represented By: Erin E Edwards
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Defendant: Unknown Parties
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Defendant: Structured Asset Management Mortgage Investments II LLC
Represented By: Justin Donald Balser
Represented By: Erin E Edwards
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Plaintiff: Steven Nickolas
Represented By: David Wendell Williams
Represented By: Thomas C Horne
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