NMS 1539, LLC et al v. Wells Fargo Bank, N.A. et al
| NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC and NMS Northridge, LLC |
| Wells Fargo Bank, National Association, Wells Fargo Bank, N.A., Rialto Capital Advisors, LLC and Does 1-20 |
| 2:2022cv06298 |
| September 2, 2022 |
| US District Court for the Central District of California |
| Andre Birotte |
| Alexander F MacKinnon |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal -- Other Contract |
| None |
Docket Report
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This docket was last retrieved on October 13, 2022. A more recent docket listing may be available from PACER.
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Filing 32
ORDER ON JOINT STIPULATION EXTENDING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFFS FIRST AMENDED COMPLAINT #29 by Judge Andre Birotte Jr. The deadline for Defendants to answer, defend or otherwise respond to Plaintiffs First Amended Complaint (Doc. # 21) is hereby EXTENDED to November 14, 2022. (rolm)
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| Filing 31 Notice of Appearance or Withdrawal of Counsel: for attorney Joel Charles Gerson counsel for Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Adding Joel C. Gerson as counsel of record for Wells Fargo Bank, N.A., et al. and Rialto Capital Advisors, LLC for the reason indicated in the G-123 Notice. Filed by Defendants WELLS FARGO BANK, N.A., ET AL. AND RIALTO CAPITAL ADVISORS, LLC. (Attorney Joel Charles Gerson added to party Rialto Capital Advisors, LLC(pty:dft), Attorney Joel Charles Gerson added to party Wells Fargo Bank, N.A.(pty:dft))(Gerson, Joel) |
| Filing 30 Notice of Appearance or Withdrawal of Counsel: for attorney Stephanie L. Bowlby counsel for Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Stephanie L. Bowlby is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants WELLS FARGO BANK, N.A., ET AL. AND RIALTO CAPITAL ADVISORS, LLC. (Bowlby, Stephanie) |
| Filing 29 Joint STIPULATION for Extension of Time to File Answer to November 14, 2022 re Amended Complaint/Petition, #21 filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order on Joint Stipulation Extending Time for Defendants to Respond to Plaintiffs First Amended Complaint)(Bowlby, Stephanie) |
| Filing 28 REPLY in Support of Motion to Transfer Venue NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #13 filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Bowlby, Stephanie) |
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Filing 27
ORDER GRANTING CONTINUANCE OF HEARING ON DEFENDANTS MOTION TO TRANSFER VENUE #25 by Judge Andre Birotte Jr. The Court APPROVES the parties Stipulation. The hearing on Defendants Motion to Transfer Venue [Doc. #13] is CONTINUED to December 9, 2022 at 10:00 a.m. The deadline to file and serve opposition and reply papers is unchanged. SO ORDERED. (rolm)
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| Filing 26 Notice of Errata Regarding Using the Wrong Event to File Joint Stipulation Requesting Continuance of Hearing on Defendants Motion to Transfer Venue filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Bowlby, Stephanie) |
| Filing 25 Joint STIPULATION to Change Venue to United States District Court for the Southern District of New York filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order Setting Hearing on Defendants' Motion to Transfer Venue)(Bowlby, Stephanie) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Jean Young Rhee counsel for Plaintiffs NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Northridge, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC. Adding Jean Y. Rhee as counsel of record for NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC and NMS Northridge, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiffs NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC and NMS Northridge, LLC. (Attorney Jean Young Rhee added to party NMS 1539, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS 1548, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS 1759, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS Northridge, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS Superior Apartments, LLC(pty:pla), Attorney Jean Young Rhee added to party NMS Warner Center, LLC(pty:pla))(Rhee, Jean) |
| Filing 23 OPPOSITION re: NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #13 filed by Plaintiffs NMS 1539, LLC, NMS 1548, LLC, NMS 1759, LLC, NMS Northridge, LLC, NMS Superior Apartments, LLC, NMS Warner Center, LLC. (Russ, Larry) |
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Filing 22
(IN CHAMBERS) ORDER DEEMING DEFENDANTS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, ETC., AND RIALTO CAPITAL ADVISORS, LLCS MOTION TO DISMISS COMPLAINT AS MOOT (Dkt. No. 14) by Judge Andre Birotte Jr.: In light of the First Amended Complaint (Dkt. No. 21 ), Defendants' Motion to Dismiss is DENIED as MOOT, and the hearing scheduled for November 18, 2022, is hereby VACATED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 21 FIRST AMENDED COMPLAINT against Defendants Does, Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A. amending Complaint - (Discovery),, filed by Plaintiffs NMS 1759, LLC, NMS 1548, LLC, NMS Superior Apartments, LLC, NMS 1539, LLC, NMS Northridge, LLC, NMS Warner Center, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Russ, Larry) |
| Filing 20 Notice filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Bowlby, Stephanie) |
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Filing 19
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/18/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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Filing 18
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, ETC., AND RIALTO CAPITAL ADVISORS, LLC'S MOTION TO DISMISS COMPLAINT #14 by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from November 17, 2022, to November 18, 2022, at 10:00 AM before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 17
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS, WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE, ETC., AND RIALTO CAPITAL ADVISORS, LLC'S MOTION TO TRANSFER VENUE #13 by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from October 20, 2022 to October 21, 2022, at 10:00 a.m. before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 16
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb)
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| Filing 15 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Alka Sagar to Judge Andre Birotte Jr for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alexander F. MacKinnon. The case number will now reflect the initials of the transferee Judges 2:22-cv-06298 AB(AFMx). (rn) |
| Filing 14 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Motion set for hearing on 11/17/2022 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Exhibit to Motion to Dismiss, #2 Exhibit to Motion to Dismiss, #3 Proposed Order to Motion to Dismiss) (Bowlby, Stephanie) |
| Filing 13 NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. Motion set for hearing on 10/20/2022 at 10:00 AM before Magistrate Judge Alka Sagar. (Attachments: #1 Declaration of Llynn White ISO Motion to Transfer, #2 Exhibit A to Declaration of Llynn White - Part 1, #3 Exhibit A to Declaration of Llynn White - Part 2, #4 Exhibit A to Declaration of Llynn White - Part 3, #5 Proposed Order on Motion to Transfer) (Bowlby, Stephanie) |
| Filing 12 CIVIL COVER SHEET filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Bowlby, Stephanie) |
| Filing 11 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: Notice of Removal (Attorney Civil Case Opening) #1 by Magistrate Judge Alka Sagar. Counsel is ordered to file a Civil Cover Sheet, that cures the deficiency listed on the "Notice of Deficiencies" (Docket No. 7), by no later than noon on September 12, 2022. Counsel may contact the Help Desk at (213) 894-0242 or ecf-helpdesk@cacd.uscourts.gov for assistance in properly e-filing the document. (et) |
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Filing 10
MINUTES (In Chambers) ORDER by Magistrate Judge Alka Sagar: This action has been assigned to the calendar of Magistrate Judge Alka Sagar under the Civil Consent Pilot Project. The parties are reminded to review the time requirements for consent set forth in the Notice to Counsel that was issued at the time of the filing of the complaint. Plaintiff is instructed to forthwith serve a copy of this Order on all parties that have already been served with the summons and complaint, or to serve all parties with a copy of this Order at the time of service of the summons and complaint. (et)
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Filing 9
ORDER by Magistrate Judge Alka Sagar: Granting #8 Non-Resident Attorney Llynn K White APPLICATION to Appear Pro Hac Vice on behalf of Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A., designating Stephanie L Bowlby as local counsel. (et)
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| Filing 8 APPLICATION of Non-Resident Attorney Llynn K. White to Appear Pro Hac Vice on behalf of Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33931374) filed by Defendants Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Bowlby, Stephanie) |
| Filing 7 NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Notice of Removal (Attorney Civil Case Opening) #1 . The following error(s) was found: Other error(s) with document(s): Attachment(s): # 1 Civil Cover Sheet should not have been attached to the Notice of Removal. The document should have been filed separately. You are not required to take any action to correct this deficiency unless the Court so directs. (sh) |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Alka Sagar. (Attachments: #1 CV-11C) (sh) |
| CONFORMED E-FILED COPY OF COMPLAINT against Defendants Does, Rialto Capital Advisors, LLC, Wells Fargo Bank, N.A., filed by Plaintiff NMS 1759, LLC, NMS 1548, LLC, NMS Superior Apartments, LLC, NMS 1539, LLC, NMS Northridge, LLC, NMS Warner Center, LLC.[FILED IN STATE COURT 07/28/2022 SUBMITTED AS ATTACHMENT NO. 4 EXHIBIT EXHIBIT B TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 5 PROOF OF SERVICE filed by Defendant Wells Fargo Bank, National Association, re Certificate/Notice of Interested Parties #3 , Notice of Appearance or Withdrawal of Counsel (G-123), #4 , Certificate/Notice of Interested Parties #2 , Notice of Removal (Attorney Civil Case Opening),, #1 served on 09/02/2022. (Bowlby, Stephanie) |
| Filing 4 Notice of Appearance or Withdrawal of Counsel: for attorney Stephanie L Bowlby counsel for Defendant Wells Fargo Bank, National Association. Adding Stephanie L. Bowlby as counsel of record for Wells Fargo Bank, N.A., et al. for the reason indicated in the G-123 Notice. Filed by Defendant Wells Fargo Bank, N.A., et al.. (Bowlby, Stephanie) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendant Wells Fargo Bank, National Association, identifying Rialto Capital Advisors, LLC. (Bowlby, Stephanie) |
| Filing 2 CERTIFICATE of Interested Parties filed by Defendant Wells Fargo Bank, National Association, identifying Wells Fargo Bank, N.A.. (Bowlby, Stephanie) |
| Filing 1 NOTICE OF REMOVAL from Los Angeles Superior Court, case number 22STCV24407 Receipt No: ACACDC-33925267 - Fee: $402, filed by Defendant Wells Fargo Bank, National Association. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1A in support of Notice of Removal, #3 Exhibit 1B in support of Notice of Removal, #4 Exhibit 1C - Part 1- in Support of Notice of Removal, #5 Exhibit 1C - Part 2- in Support of Notice of Removal, #6 Exhibit 1C - Part 3- in Support of Notice of Removal, #7 Exhibit 1C - Part 4 - in Support of Notice of Removal, #8 Exhibit 2 in Support of Notice of Removal) (Attorney Stephanie L Bowlby added to party Wells Fargo Bank, National Association(pty:dft))(Bowlby, Stephanie) |
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