Goldwater Bank NA v. Caliber Home Loans Incorporated et al
| Goldwater Bank NA |
| Caliber Home Loans Incorporated, Julia M Magler, Amy Waller and Shelly Farris |
| 2:2021cv01190 |
| July 8, 2021 |
| US District Court for the District of Arizona |
| Michael T Morrissey |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 26, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 50 LODGED Proposed Objections to Declaration. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Shelly Farris, Julia M Magler, Amy Waller. (Bourque, Arthur) |
| Filing 49 MOTION for Leave to File Motion by Shelly Farris, Julia M Magler, Amy Waller. (Attachments: #1 Exhibit Declaration, #2 Proposed Order Order)(Bourque, Arthur) |
| Filing 48 REPLY to Response to Motion re: #28 MOTION to Seal Document , #35 MOTION to Seal Document #21 Response in Opposition to Motion Declarations of Magler, Adamson, De La Reyes and Marthaler filed by Goldwater Bank NA. (Krysak, Abbey) |
| Filing 47 *WITHDRAWAL OF DOCUMENT re: #23 MOTION to Compel Arbitration and for Stay by Shelly Farris, Julia M Magler, Amy Waller. (Bourque, Arthur) *Modified to correct event on 9/1/2021 (DXD). |
| Filing 46 REPLY to Response to Motion re: #22 MOTION to Dismiss for Lack of Jurisdiction per FRCP 12(b)(2) filed by Shelly Farris, Julia M Magler, Amy Waller. (Bourque, Arthur) |
| Filing 45 Minute Order: In accordance with 28 USC 636(c), all parties have voluntarily consented to have Magistrate Judge Michael T Morrissey conduct all further proceedings in this case, including trial and entry of final judgment, and conduct all post-judgment proceedings, with direct review by the Ninth Circuit Court of Appeals, if an appeal is filed. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 44 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Filing 42 RESPONSE in Opposition re: #23 MOTION to Compel Arbitration and for Stay filed by Goldwater Bank NA. (Krysak, Abbey) |
| Filing 41 RESPONSE to Motion re: #22 MOTION to Dismiss for Lack of Jurisdiction per FRCP 12(b)(2) filed by Goldwater Bank NA. (Krysak, Abbey) |
| Filing 40 RESPONSE in Opposition re: #35 MOTION to Seal Document #21 Response in Opposition to Motion Declarations of Magler, Adamson, De La Reyes and Marthaler - Opposition by Defendants Julia Magler, Amy Waller, and Shelly Farris to Plaintiffs Motion to Retroactively Seal Certain Documents Filed by the Individual Defendants in Opposition to Goldwater Bank, N.A.s Motion for Temporary Restraining Order and Preliminary Injunction- filed by Shelly Farris, Julia M Magler, Amy Waller. (Suiter, Jeremy) |
| Filing 39 RESPONSE in Opposition re: #28 MOTION to Seal Document - Opposition by Defendants Julia Magler, Amy Waller, and Shelly Farris to Plaintiffs Motion for Leave to File Under Seal Document Related to Goldwater Banks Reply in Support of Motion for Temporary Restraining Order and Preliminary Injunction - filed by Shelly Farris, Julia M Magler, Amy Waller. (Suiter, Jeremy) |
| Filing 38 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
Filing 36
ORDER that the Clerk of Court is directed to seal the Declarations of Julia Magler (doc. [21-1]), Greg Adamson (doc. [21-4]), Steven De La Reyes (doc. [21-7]), and Colin Marthaler (doc. [21-9]), pending the Courts adjudication of Plaintiff's Motion to Retroactively Seal (doc. #35 ). Signed by Magistrate Judge Michael T Morrissey on 8/19/21. (MAP)
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| Filing 35 MOTION to Seal Document #21 Response in Opposition to Motion Declarations of Magler, Adamson, De La Reyes and Marthaler by Goldwater Bank NA. (Attachments: #1 Proposed Order)(Krysak, Abbey) |
| Filing 34 Caliber's ANSWER to #1 Complaint by Caliber Home Loans Incorporated.(DeLucia, Andrew) |
| Filing 33 NOTICE of Appearance by Arthur J Bourque on behalf of Shelly Farris, Julia M Magler, Amy Waller. (Bourque, Arthur) |
| Filing 32 *MOTION (REQUEST) for Hearing on Motion by Plaintiff Goldwater Bank NA. (Guilliam, Michael) *Modified to correct event, attorney noticed on 8/19/2021 (LAD). |
| Remark: Pro hac vice motion(s) granted for Andrew Michael DeLucia on behalf of Defendant Caliber Home Loans Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 31 REPLY to Response to Motion re: #9 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Reply to Individual Defendants' Response in Opposition filed by Goldwater Bank NA. (Attachments: #1 Exhibit Declaration of N. Raich)(Krysak, Abbey) |
| Filing 30 REPLY to Response to Motion re: #9 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Reply to Caliber Home Loans, Inc's Response in Opposition filed by Goldwater Bank NA. (Krysak, Abbey) |
| Filing 29 SEALED LODGED Proposed Exhibit 1 to Plaintiffs Reply to Individual Defendants in Support of Motion for Temporary Restraining Order and Preliminary Injunction re: #28 MOTION to Seal Document . Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Goldwater Bank NA. (Krysak, Abbey) |
| Filing 28 MOTION to Seal Document by Goldwater Bank NA. (Attachments: #1 Proposed Order)(Krysak, Abbey) |
| Filing 27 Magistrate Election Form Deadline. (Attachments: #1 Consent Form)(MAP) |
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Filing 26
ORDER - IT IS THEREFORE ORDERED that Caliber shall answer Plaintiff's Complaint or otherwise respond by appropriate motion on or before August 18, 2021. Signed by Magistrate Judge Michael T Morrissey on 8/12/2021. (WLP)
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| Filing 25 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint by Caliber Home Loans Incorporated. (Attachments: #1 Text of Proposed Order)(Vella, Theresa) |
| Filing 24 RESPONSE in Opposition re: #9 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Caliber Home Loans Incorporated. (Vella, Theresa) |
| Filing 23 MOTION to Compel Arbitration and for Stay by Julia M Magler. (Attachments: #1 Text of Proposed Order)(Suiter, Jeremy) |
| Filing 22 MOTION to Dismiss for Lack of Jurisdiction per FRCP 12(b)(2) by Shelly Farris, Amy Waller. (Attachments: #1 Affidavit Declaration of Amy Waller, #2 Affidavit Declaration of Shelly Farris)(Suiter, Jeremy) |
| Filing 21 *RESPONSE in Opposition re: #9 First MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Shelly Farris, Julia M Magler, Amy Waller. (Attachments: #1 Affidavit Declaration of Julia Magler, #2 Exhibit Exhibit 1 to Declaration of Julia Magler, #3 Affidavit Declaration of Jessica Peterson, #4 Affidavit Declaration of Greg Adamson, #5 Affidavit Declaration of Jessica Bonfe, #6 Affidavit Declaration of Joe Bonfe, #7 Affidavit Declaration of Steven De La Reyes, #8 Affidavit Declaration of Lisa Weber, #9 Affidavit Declaration of Colin Marthaler)(Suiter, Jeremy) *Modified to Seal Certain Attachments Pursuant to Doc. #36 on 8/19/2021 (MAP). |
| Filing 20 SERVICE EXECUTED filed by Goldwater Bank NA: Rule 4 Waiver of Service of Summons. Waiver sent on 8/3/21 to Amy Waller . (Guilliam, Michael) |
| Filing 19 SERVICE EXECUTED filed by Goldwater Bank NA: Rule 4 Waiver of Service of Summons. Waiver sent on 8/3/21 to Shelly Farris . (Guilliam, Michael) |
| Filing 18 SERVICE EXECUTED filed by Goldwater Bank NA: Rule 4 Waiver of Service of Summons. Waiver sent on 8/3/21 to Julia Magler . (Guilliam, Michael) |
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Filing 17
ORDER granting #16 Motion for Extension of Time to File. All Defendants shall file their response to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction on or before August 10, 2021. Signed by Magistrate Judge Michael T Morrissey on 8/6/2021. (WLP)
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| Filing 16 Joint MOTION for Extension of Time to File and Uniform Date to Oppose Plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction (First Request) by Caliber Home Loans Incorporated, Shelly Farris, Julia M Magler, Amy Waller. (Attachments: #1 Text of Proposed Order)(Suiter, Jeremy) |
| Remark: Pro hac vice motion(s) granted for Jeremy Glenn Suiter on behalf of Defendants Shelly Farris, Julia M Magler, Amy Waller. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 15 NOTICE TO FILER OF DEFICIENCY re: #14 Amended Document (NOT Motion/Complaint) filed by Goldwater Bank NA, #13 Service Executed filed by Goldwater Bank NA. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Abbey M Krysak but submitted using the log-in and password belonging to attorney Benjamin Naylor. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (WLP) |
| Filing 14 AMENDED DOCUMENT by Goldwater Bank NA. Amendment to #13 Service Executed (Amended Certificate of Service). (Naylor, Benjamin) |
| Filing 13 SERVICE EXECUTED filed by Goldwater Bank NA: Affidavit of Service re: Summons, Complaint, and Motion for Temporary Restraining Order upon Caliber Home Loans, Inc. on July 20, 2021. (Attachments: #1 Exhibit)(Naylor, Benjamin) |
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Filing 12
ORDER - IT IS THEREFORE ORDERED that Plaintiff shall provide proof of service of the Motion for Temporary Restraining Order and Motion for Preliminary Injunction (doc. #9 ) on or before Monday, August 9, 2021. IT IS FURTHER ORDERED that Defendants shall have fourteen (14) days after service of the motion to serve and file a responsive memorandum in accordance with Local Rule of Civil Procedure 7.2(c). See document for complete details. Signed by Magistrate Judge Michael T Morrissey on 8/2/2021. (WLP)
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| Remark: Pro hac vice motion(s) granted for Abbey M Krysak on behalf of Plaintiff Goldwater Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 11 Agreement to Magistrate Judge Jurisdiction. Party agrees to Magistrate Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) |
| Remark: Out of state attorney Abbey Krysak terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 9 *First MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Goldwater Bank NA. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Declaration of Jon Edwards, #3 Exhibit Exhibits A-G to Declaration of Jon Edwards)(Naylor, Benjamin). *Added MOTION for Preliminary Injunction on 7/19/2021 (REK). |
| Filing 8 Summons Issued as to All Defendants. (Attachments: #1 Summons, #2 Summons, #3 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 7 SUMMONS Submitted by Goldwater Bank NA. (Naylor, Benjamin) |
| Filing 6 SUMMONS Submitted by Goldwater Bank NA. (Naylor, Benjamin) |
| Filing 5 SUMMONS Submitted by Goldwater Bank NA. (Naylor, Benjamin) |
| Filing 4 SUMMONS Submitted by Goldwater Bank NA. (Naylor, Benjamin) |
| Remark: Pro hac vice motion(s) granted for Sean Charles Wagner on behalf of Plaintiff Goldwater Bank NA. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 3 Filing fee paid, receipt number 0970-19648035. This case has been assigned to the Honorable Michael T Morrissey. All future pleadings or documents should bear the correct case number: CV-21-1190-PHX-MTM. Magistrate Election form attached. (MYE) |
| Filing 2 Corporate Disclosure Statement by Goldwater Bank NA. (Naylor, Benjamin) (MYE) |
| Filing 1 COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number 0970-19648035 filed by Goldwater Bank NA. (Naylor, Benjamin) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A & B)(MYE) |
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