Bowler et al v. Wells Fargo Bank NA et al
| Calvin R Bowler and Amy K Bowler |
| Berryco LLC and Wells Fargo Bank NA |
| 2:2019cv05320 |
| October 3, 2019 |
| US District Court for the District of Arizona |
| Deborah M Fine |
| Neil V Wake |
| Real Property: Foreclosure |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 24, 2020. A more recent docket listing may be available from PACER.
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| Filing 47 *WITHDRAWAL OF DOCUMENT re: #42 MOTION to Dismiss for Failure to State a Claim by Defendant Wells Fargo Bank NA.(Stutman, Erica) *Modified to correct event on 11/22/2019 (GMP). |
| Filing 46 NOTICE TO FILER OF DEFICIENCY re: #44 Notice of Filing - Amended Pleading (LRCiv 15.1(b)) filed by Amy K Bowler, Calvin R Bowler. Document not in compliance with LRCiv 7.1(c) - Documents shall be converted to PDF directly from a word processing program and per Administrative Policies and Procedures Manual must be text searchable. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (GMP) |
| Filing 45 AMENDED COMPLAINT (Second) against Wells Fargo Bank NA filed by Calvin R Bowler, Amy K Bowler. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Hone, Mary) |
| Filing 44 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Amy K Bowler, Calvin R Bowler Notice of Filing Second Amended Complaint. (Hone, Mary) |
| Filing 42 *MOTION to Dismiss for Failure to State a Claim by Wells Fargo Bank NA. (Stutman, Erica) *Modified to correct event type on 11/8/2019 (EJA). |
Filing 41
ORDER: The Stipulation to Extend Time, etc., (Doc. #40 ) is denied, except that Plaintiffs' time to file a second amended complaint is extended to November 19, 2019. No further extension will be granted. FURTHER ORDERED vacating the Case Management Conference set for December 4, 2019 at 2:00 p.m. until further order of the Court. Signed by Senior Judge Neil V Wake on 11/7/19. (EJA)
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| Filing 40 STIPULATION to extend time for plaintiffs to file second amended complaint and for defendant to respond by Amy K Bowler, Calvin R Bowler. (Attachments: #1 Text of Proposed Order)(Hone, Mary) |
| Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS CONFERENCE proceedings held on 10/17/2019, before Judge NEIL V. WAKE. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/29/2020. (RAP) |
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Filing 39
ORDER granting #34 Stipulation. Defendant Wells Fargo Bank, N.A. shall have until November 12, 2019 to file its response to the First Amended Complaint. No further extension will be granted. Signed by Senior Judge Neil V Wake on 10/31/19. (EJA)
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| Filing 37 Additional Attachments to Main Document re: #34 Stipulation For Extension of Time To Answer Complaint, 36 Order by Defendant Wells Fargo Bank NA. (Stutman, Erica) |
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Filing 36
ORDER: IT IS ORDERED that Defendant Wells Fargo Bank, N.A. submit a proposed form of order that is not on law firm stationery, in compliance with Local Rule 7.1(b)(3) re: #34 Stipulation For Extension of Time To Answer Complaint. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVW, vg)
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| Filing 35 TRANSCRIPT REQUEST by Wells Fargo Bank NA for proceedings held on October 17, 2019, Judge Neil V Wake hearing judge(s). (Stutman, Erica) |
| Filing 34 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint, #23 Amended Complaint by Wells Fargo Bank NA. (Attachments: #1 Text of Proposed Order)(Stutman, Erica) |
| Filing 33 NOTICE of Service of Discovery filed by Amy K Bowler, Calvin R Bowler. (Hone, Mary) |
| Filing 38 NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of Scheduling Conference proceedings held on 10/11/2019, before Judge NEIL V. WAKE. [Court Reporter: Laurie A. Adams, RMR, CRR, Telephone number (602) 322-7256]. Amended to reflect the correct middle initial of the Plaintiff on title page. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/14/2019. Redacted Transcript Deadline set for 11/25/2019. Release of Transcript Restriction set for 1/22/2020. (RAP) |
| Filing 32 TRANSCRIPT REQUEST by Wells Fargo Bank NA for proceedings held on October 11, 2019, Judge Neil V Wake hearing judge(s). (Stutman, Erica) |
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Filing 30
ORDER SETTING RULE 16 CASE MANAGEMENT CONFERENCE for 12/4/2019 at 02:00 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Neil V Wake. See document for complete details. Signed by Senior Judge Neil V Wake on 10/17/19. (EJA)
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| Filing 29 MINUTE ENTRY for proceedings held before Senior Judge Neil V Wake: Status Conference held on 10/17/2019. APPEARANCES: Mary Hone and Shelton Freeman for Plaintiffs. Plaintiff Calvin Bowler is also present. Erica Stutman for Defendant. (Court Reporter Candy Potter.) Hearing held 2:01 PM to 2:26 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 28 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Amy K Bowler, Calvin R Bowler . (Hone, Mary) |
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Filing 27
ORDER - Having received Plaintiffs' Motion for Withdrawal of Application of Temporary Restraining Order and Request for Status Conference (Doc. #25 ), and good cause appearing, IT IS HEREBY ORDERED granting Plaintiffs' Motion (Doc. #25 ). IT IS FURTHER ORDERED that the hearing now scheduled for Thursday, October 17, 2019, at 2:00 p.m. be conducted as a Status Conference to discuss the remaining claims. Signed by Senior Judge Neil V Wake on 10/16/19. (LAD)
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Filing 26
ORDER - IT IS ORDERED Plaintiffs comply with LRCiv 15.1(b) no later than Friday, October 18, 2019 or the Amended Complaint (Doc. #23 ) may be stricken. Signed by Senior Judge Neil V Wake on 10/16/19. (LAD)
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| Filing 25 MOTION to Withdraw #15 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order by Amy K Bowler, Calvin R Bowler. (Attachments: #1 Text of Proposed Order Proposed Order)(Hone, Mary) |
| Filing 24 RESPONSE in Opposition re: #15 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order Re: Sale of Real Property filed by Berryco LLC. (Lynde, Lawrence) |
| Filing 23 AMENDED COMPLAINT against Wells Fargo Bank NA filed by Calvin R Bowler, Amy K Bowler. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H)(Hone, Mary) |
| Filing 31 *(AMENDED TRANSCRIPT FILED AT DOC. #38 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Scheduling Conference proceedings held on 10/11/2019, before Judge NEIL V. WAKE. [Court Reporter: Laurie A. Adams, RMR, CRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/4/2019. Redacted Transcript Deadline set for 11/14/2019. Release of Transcript Restriction set for 1/13/2020. (RAP) *Modified to reference amended version on 10/29/2019 (RAP). |
| Filing 22 NOTICE of Appearance by Lawrence Keith Lynde on behalf of Berryco LLC. (Lynde, Lawrence) |
| Filing 21 TRANSCRIPT REQUEST by Wells Fargo Bank NA for proceedings held on 10/11/2019, Judge Neil V Wake hearing judge(s). (Stutman, Erica) |
| Filing 20 MINUTE ENTRY for proceedings held on 10/11/2019 before Senior Judge Neil V Wake. This is the time set for Scheduling Conference. Discussion held. Plaintiffs' request for continuance to attempt to resolve issues raised at this hearing is granted. APPEARANCES: Mary Hone for Plaintiffs, who are also present. Erica Stutman for Defendant Wells Fargo Bank, NA. Lawrence Lynde (telephonically) for Defendant Berryco, LLC. Scheduling Conference reset for 10/17/2019 at 2:00 PM in Courtroom 401, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge Neil V Wake. (Court Reporter Laurie Adams.) Hearing held 11:02 AM to 11:42 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (KFZ) |
| Filing 19 SERVICE EXECUTED filed by Amy K Bowler, Calvin R Bowler: Affidavit of Service re: Notice of Court Date; MO for TRO; Affidavit of MTH; Order for TRO upon Stat Agent for WFB on 10.10.2019. (Hone, Mary) |
| Filing 18 NOTICE of Appearance by Erica Julie Stutman on behalf of Wells Fargo Bank NA. (Stutman, Erica) |
| Filing 17 NOTICE TO FILER OF DEFICIENCY re: #15 Emergency MOTION for Preliminary Injunction and/or Temporary Restraining Order MOTION for Temporary Restraining Order filed by Amy K Bowler, Calvin R Bowler. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMV) |
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Filing 16
ORDER - IT IS ORDERED that Plaintiff's Application for Preliminary Injunction and/or Temporary Restraining Order (Without Notice) Re: Sale of Real Property (Doc. #15 ) is denied without notice. IT IS FURTHER ORDERED setting a scheduling conference on Friday, October 11, 2019, at 11:00 a.m. concerning Plaintiff's Application for Preliminary Injunction and/or Temporary Restraining Order (Without Notice) Re: Sale of Real Property (Doc. #15 ) and that Plaintiff serve the Application on Defendants' counsel immediately and give Defendants' counsel immediate actual notice of this order and of the October 11, 2019 scheduling conference. Signed by Senior Judge Neil V Wake on 10/9/19. (LAD)
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| Filing 15 ** WITHDRAWN BY #27 ORDER ** Emergency MOTION for Preliminary Injunction and/or MOTION Temporary Restraining Order by Amy K Bowler, Calvin R Bowler. (Attachments: #1 Affidavit of Mary T. Hone, Esq. in Support of Motion/Application for TRO, #2 Text of Proposed Order TRO re: Sale of Real Property)(Hone, Mary). *Added MOTION for Temporary Restraining Order on 10/10/2019. Document not in compliance with LRCiv 7.1(a)(3). Attorney noticed on 10/10/2019 (RMV). Modified on 10/16/2019 (LAD). |
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Filing 14
ORDER that motions pursuant to Fed. R. Civ. P. 12(b)(6) and 12(c) are discouraged if the defect can be cured by filing an amended pleading. Therefore, the parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED if any Defendants file a motion to dismiss under Rule 12(b)(6) or 12(c) and if Plaintiffs contend any further amendment of their Complaint (Doc. #1 ) can cure any alleged deficiency, Plaintiffs must submit, no later than the time they file a response to a motion to dismiss, a proposed amended complaint containing all further allegations Plaintiffs could make. See order for complete details. Signed by Senior Judge Neil V. Wake on 10/8/19. (NKS)
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| Filing 13 *SERVICE EXECUTED filed by Amy K Bowler, Calvin R Bowler: Affidavit of Service re: Summons, Complaint, Notice of Errata, Emergency Motion for Order to Show Cause, Affidavit, Order to Show Cause upon Wells Fargo Bank NA on 10/4/2019. (Hone, Mary) *Modified to correct event and add filer Calvin R Bowler on 10/8/2019 (RMV). |
| Filing 12 *SERVICE EXECUTED filed by Amy K Bowler, Calvin R Bowler: Affidavit of Service re: Summons, Complaint, Notice of Errata, Emergency Motion for Order to Show Cause, Affidavit, Order to Show Cause upon Berryco LLC on 10/4/2019. (Hone, Mary) *Modified to correct event and add filer Calvin R Bowler on 10/8/2019 (RMV). |
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Filing 11
ORDER: Plaintiffs' Emergency Motion for Order to Show Cause (Doc. #8 ) is denied, without prejudice to other proper relief that Plaintiffs may seek. Signed by Senior Judge Neil V Wake on 10/4/19. (EJA)
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| Filing 10 MINUTE ORDER: That having this case been assigned to the Honorable G Murray Snow in error, this case is hereby reassigned to the Honorable Neil V Wake for all further proceedings. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-5320-PHX-NVW. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
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Filing 9
ORDER OF RECUSAL. That this case be reassigned, by lot, to another Judge in the District of Arizona. FURTHER ORDERED that this matter has been reassigned by random lot to the Honorable G. Murray Snow. All future pleadings and papers submitted for filing shall bear the following complete case number: CV-19-5320-PHX-GMS. Signed by Magistrate Judge Deborah M Fine on 10/4/19. (cc: GMS)(MAP)
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| Filing 8 *Emergency MOTION for Order to Show Cause by Amy K Bowler, Calvin R Bowler. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit of Plaintiffs' Counsel in Support of OSC)(Hone, Mary) *Modified to remove Ex Parte designation on 10/4/2019 (EJA). |
| Filing 7 NOTICE of Errata re: #1 Complaint Exhibit C and Exhibit F by Plaintiffs Amy K Bowler, Calvin R Bowler.. (Attachments: #1 Exhibit Exhibit C, #2 Exhibit Exhibit F)(Hone, Mary) |
| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #1 Complaint filed by Amy K Bowler, Calvin R Bowler. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MCO) |
| Filing 5 Summons Issued as to Berryco LLC, Wells Fargo Bank NA. (Attachments: #1 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 4 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. (MCO) |
| Filing 3 Filing fee paid, receipt number 0970-17476998. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-19-05320-PHX-DMF. Magistrate Election form attached. (MCO) |
| Filing 2 SUMMONS Submitted by Amy K Bowler, Calvin R Bowler. (Hone, Mary) (Attachments: #1 Summons)(MCO) |
| Filing 1 COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-17476998 filed by Calvin R Bowler, Amy K Bowler. (Hone, Mary) (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(MCO) |
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