Cathy Anne Carswell Reis v. Fifth Third Bank et al
| Cathy Anne Carswell Reis |
| Does 1-10 and Fifth Third Bank |
| 8:2020cv01189 |
| July 6, 2020 |
| US District Court for the Central District of California |
| Karen E Scott |
| James V Selna |
| Josephine L Staton |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 TEXT-ONLY ENTRY - RECEIVED Notice of Receipt of Electronic Case Transfer from Western District of North Carolina, 5:20-cv-00160 filed 10/5/2020. (iv) |
| Filing 43 MINUTES OF Telephonic Hearing re Defendant's Motion to Dismiss (Dkt 9) Hearing held before Magistrate Judge Karen E. Scott: Case is called. Appearances are made telephonically. Oral arguments are heard. The Court takes the motion under submission. Court Reporter: AT&T 10/2/20. (es) |
Filing 42
MINUTES (IN CHAMBERS) Order GRANTING Motion to Transfer Due to Improper Venue (Dkt. 9) by Magistrate Judge Karen E. Scott: IT IS HEREBY ORDERED THAT: 1. Defendant's motion to dismiss (Dkt. 9) is GRANTED; 2. Plaintiff's motion to compel discovery on the merits of her claims (Dkt. 26) is DENIED WITHOUT PREJUDICE; and 3. This action is TRANSFERRED to the U.S. District Court for the Western District of North Carolina. [See order for details.] (es)
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| Filing 41 Evidentiary Objection and Request to Strike the Supplemental Brief and Exhibit in Response to re: NOTICE OF MOTION AND MOTION to Dismiss for Improper Venue Pursuant to Fed.R.Civ.P.12(b)(3) and NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(b)(2) #9 filed by Defendant Fifth Third Bank. (Chen, Dillon) |
| Filing 40 SUPPLEMENT EXHIBITS IN RESPONSE TO MOTION to Dismiss #9 filed by Plaintiff Cathy Anne Carswell Reis. (lom) |
| Filing 39 Evidentiary Objection to the Declaration of Roxy L. Root and Exhibits filed by Plaintiff In Support of her Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss for Improper Venue Pursuant to Fed.R.Civ.P.12(b)(3) and NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(b)(2) #9 filed by Defendant Fifth Third Bank. (Kroeger, Shelby) |
| Filing 38 REPLY In Support Of Motion to Dismiss for (1) Improper Venue Pursuant to Fed.R.Civ.P. 12(b)(3) and (2) Lack of Jurisdiction pursuant to Fed.R.Civ.P. 12(b)(2) filed by Defendant Fifth Third Bank. (Kroeger, Shelby) |
| Filing 37 SCHEDULING NOTICE by Magistrate Judge Karen E. Scott re: Motion to Dismiss and for Lack of Jurisdiction #9 . This Motion is set for telephonic hearing on 10/2/2020 at 10:00 AM before Magistrate Judge Karen E. Scott. Defendant's reply to Plaintiff's opposition is due by 9/30/2020. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jdo) TEXT ONLY ENTRY |
| Filing 36 DECLARATION OF ROXY ROOT IN RESPONSE TO MOTION TO DISMISS #9 filed by Plaintiff Cathy Anne Carswell Reis. (lom) |
| Filing 35 REQUEST FOR JUDICIAL NOTICE IN RESPONSE TO MOTION TO DISMISS #9 filed by Plaintiff Cathy Anne Carswell Reis. (lom) |
| Filing 34 EXHIBIT IN RESPONSE TO MOTION TO DISMISS #9 filed by Plaintiff Cathy Anne Carswell Reis. (lom) |
| Filing 33 MEMORANDUM POINTS AND AUTHORITIES IN RESPONSE TO MOTION TO DISMISS #9 filed by Plaintiff Cathy Anne Carswell Reis. (lom) |
| Filing 32 CONSENT TO PROCEED before United States Magistrate Judge by all parties pursuant to GO 18-11 is approved by District Judge Josephine L. Staton and Magistrate Judge Karen E. Scott. This case is hereby reassigned to Magistrate Judge Karen E. Scott for all further proceedings. Case number will now read 8:20-cv-01189 KES. (rn) |
| Filing 31 NOTICE OF LODGING filed by Fifth Third Bank, National Association re Complaint - (Discovery), #1 (Attachments: #1 Exhibit A)(Chen, Dillon) |
| Filing 30 MINUTES OF Telephonic Conference re Discovery Motion (Dkt 26) Hearing held before Magistrate Judge Karen E. Scott: Case is called. Appearances are made telephonically. Discovery conference is held. The Court takes the motion under submission. Court Reporter: AT&T 9/14/20. (es) |
| Filing 29 SUPPLEMENTAL BRIEF filed by plaintiff Cathy Anne Carswell Reis. (es) |
| Filing 28 NOTICE OF MOTION AND MOTION to Supplement Motion Regarding Discovery Conference Filed 9-10-2020 re MOTION for Hearing Discovery Conference and Telephonic Conference #26 filed by Defendant Fifth Third Bank. Motion set for hearing on 9/14/2020 at 09:30 AM before Magistrate Judge Karen E. Scott. (Attachments: #1 Exhibit (Exhibit A-Letter Brief))(Chen, Dillon) |
| Filing 27 PROOF OF SERVICE filed by Defendant Fifth Third Bank, re MOTION for Hearing Discovery Conference and Telephonic Conference #26 served on September 10, 2020. (Kroeger, Shelby) |
| Filing 26 NOTICE OF MOTION AND MOTION for Hearing Discovery Conference and Telephonic Conference filed by Defendant Fifth Third Bank. Motion set for hearing on 9/14/2020 at 09:30 AM before Magistrate Judge Karen E. Scott. (Kroeger, Shelby) |
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Filing 24
ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge Josephine L. Staton: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: APPLICATION for Clerk to Enter Default against defendant Fifth Third Bank #21 , for the following reasons: Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. (jp)
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| Filing 23 NOTICE OF DEFICIENCY Re: APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANT FIFTH THIRD BANK #21 . The Clerk cannot enter the requested relief as: Answer and/or Motion for Summary Judgment and/or Motion to Dismiss on file. (bm) |
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Filing 19
ORDER by Judge Josephine L. Staton: granting #18 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (bm)
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| Filing 18 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by plaintiff Cathy Anne Carswell Reis. (bm) |
| Filing 22 PROOF OF SERVICE filed by plaintiff Cathy Anne Carswell Reis, re Certificate/Notice of Interested Parties #20 , APPLICATION for Entry of Default Judgment #21 , served on 8/18/2020. (bm) |
| Filing 21 [DOCUMENT STRICKEN PER ORDER DATED ON 8/24/2020, SEE DOCKET ENTRY NO. #24 ] - APPLICATION FOR ENTRY OF DEFAULT AGAINST DEFENDANT FIFTH THIRD BANK filed by plaintiff Cathy Anne Carswell Reis. (bm). Modified on 8/24/2020 (jp). |
| Filing 20 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Cathy Anne Carswell Reis. (bm) |
| Filing 17 NOTICE of Interested Parties filed by Defendant Fifth Third Bank, identifying Fifth Third Bancorp, a publicly-traded corporation. (Kroeger, Shelby) |
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Filing 16
MINUTE ORDER (IN CHAMBERS) ORDER RESETTING HEARING ON DEFENDANTS' MOTION TO DISMISS #9 AND VACATING SCHEDULING CONFERENCE by Judge Josephine L. Staton: In light of the transfer of this action to the calendar of the Honorable Josephine I. Staton, the Court, on its own motion, hereby RESETS Defendant's Motion to Dismiss #9 to Friday. January 22. 2021 at 10:30 a.m. in Courtroom 10D before District Judge Josephine L. Staton. Additionally, the Court hereby VACATES the Scheduling Conference set for September 21, 2020 before the Honorable James V. Selna. The Court shall issue a separate Order Setting Scheduling Conference forthwith. (bm)
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Filing 15
ORDER SETTING RULE 26(f) SCHEDULING CONFERENCE by Judge Josephine L. Staton. Scheduling Conference set for 10/30/2020 at 10:30 a.m. (mku)
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| Filing 14 INITIAL STANDING ORDER FOR CASES ASSIGNED TO JUDGE JOSEPHINE L. STATON (mku) |
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Filing 13
ORDER RETURNING CASE FOR REASSIGNMENT by Judge James V. Selna. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge James V. Selna to Judge Josephine L. Staton for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:20-cv-01189 JLS(KESx). (rn)
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| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Dismiss for Improper Venue Pursuant to Fed.R.Civ.P.12(b)(3) and NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(b)(2) #9 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es) |
| Filing 11 Notice of Appearance or Withdrawal of Counsel: for attorney Shelby Kathryn Kroeger counsel for Defendant Fifth Third Bank. Adding Shelby K. Kroeger as counsel of record for Fifth Third Bank, National Association for the reason indicated in the G-123 Notice. Filed by Defendant Fifth Third Bank, National Association. (Attorney Shelby Kathryn Kroeger added to party Fifth Third Bank(pty:dft))(Kroeger, Shelby) |
| Filing 10 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss for Improper Venue Pursuant to Fed.R.Civ.P.12(b)(3) and NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(b)(2) #9 filed by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1)(Chen, Dillon) |
| Filing 9 NOTICE OF MOTION AND MOTION to Dismiss for Improper Venue Pursuant to Fed.R.Civ.P.12(b)(3) and , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction Pursuant to Fed.R.Civ.P.12(b)(2) filed by Defendant Fifth Third Bank. Motion set for hearing on 9/14/2020 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of Thomas Ross In Support of Motion to Dismiss for (1) Improper Venue Pursuant to Fed.R.Civ.P.12(b)(3) and) (Attorney Dillon D Chen added to party Fifth Third Bank(pty:dft)) (Chen, Dillon) |
| Filing 25 PROOF OF SERVICE Executed by Plaintiff Cathy Anne Carswell Reis, upon Fifth Third Bank. Service of the Summons and Complaint were executed upon (unknown person) in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (yl) |
| Filing 8 PROOF OF SERVICE filed by plaintiff Cathy Anne Carswell Reis, served on 7/31/2020. (es) |
| Filing 7 PROOF OF SERVICE Executed by Plaintiff Cathy Anne Carswell Reis, upon Defendant Fifth Third Bank served on 7/21/2020, answer due 8/11/2020. Service of the Summons and Complaint were executed upon Fifth Third Bank in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (es) |
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Filing 6
Order Setting Rule 26(f) Scheduling Conference set for 9/14/2020 at 11:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 9/7/2020. (lb)
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| Filing 5 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Fifth Third Bank. (es) |
| Filing 4 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE SELNA (lb) |
| Filing 3 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (lh) |
| Filing 1 COMPLAINT against Defendants Does 1-10, Fifth Third Bank. Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Karen E. Scott.(Filing fee $ 400 PAID) Jury Demanded, filed by Plaintiff Cathy Anne Carswell Reis. (Attachments: #1 Civil Cover Sheet) (lh) |
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