Spears v. JPMorgan Chase Bank, National Association, Inc.
| Laura May Spears |
| JPMorgan Chase Bank, National Association, Inc. |
| 1:2023cv01466 |
| October 12, 2023 |
| US District Court for the Eastern District of California |
| Barbara A McAuliffe |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.
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Filing 15
MINUTE ORDER (TEXT Only): On November 29, 2023, the parties filed a notice of settlement. (Doc. #13 .) Pursuant to Local Rule 160, this Court ORDERS the parties, no later than December 20, 2023, to file appropriate papers to dismiss this action. This Court VACATES all pending dates and matters. Failure to comply with this order may be grounds for the imposition of sanctions on counsel or parties who contributed to violation of this order. See Local Rule 160 and Local Rule 272. Order signed by Magistrate Judge Barbara A. McAuliffe on 12/1/2023. (Vue, Yee)
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| Filing 14 CERTIFICATE / PROOF of SERVICE by Laura May Spears re #13 Notice of Settlement. (McGoldrick, Snezhana) |
| Filing 13 NOTICE of SETTLEMENT by Laura May Spears. Dispositional Docs due by 12/26/2023. (McGoldrick, Snezhana) |
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Filing 12
MINUTE ORDER (TEXT Only): In light of the pending motion to dismiss (Doc. #7 ), the parties shall submit their Consent/Decline of U.S. Magistrate Judge Jurisdiction forms by November 27, 2023. The forms should not be transmitted to the assigned magistrate judge. There is no obligation to consent, and the parties may consent or withhold consent without any adverse consequences. Further, the judges will be informed of a party's designation only if all parties have consented. If any party requests reassignment to a District Judge, then the Clerk of the Court will randomly assign a District Judge as presiding judge, and due to the District Judges' heavy caseloads, resolution of the motion may be delayed for many months. (See Doc. 4-1.) The hearing on the motion to dismiss currently set for 12/8/2023 is taken off calendar pending receipt of the parties' consent/decline forms. Signed by Magistrate Judge Barbara A. McAuliffe on 11/9/2023. (Vue, Yee)
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| Filing 11 NOTICE of CHANGE of ADDRESS by Catherine M. Lee. (Lee, Catherine) |
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Filing 10
MINUTE ORDER (TEXT Only): On October 12, 2023, this case was removed from Madera County Superior Court. (Doc. #1 .) On October 19, 2023, Defendant JP Morgan Chase Bank, N.A. ("Defendant") filed an ex parte application for administrative relief, requesting an extension of time to file its response to Plaintiff's complaint. (Doc. #6 .) In this application for administrative relief, Defendant noted that it "will be severely prejudiced if it is not given a brief extension of five calendar days to October 24, 2023 to prepare and file its response to Plaintiff's Complaint, which will be a motion to dismiss the nine causes of action in Plaintiff's Complaint." (Doc. #6 at 2.) However, Defendant subsequently filed a motion to dismiss the second through ninth causes of action in Plaintiff's complaint. (Doc. #7 .) Defendant's motion further notes that Defendant "intends to initiate motion practice regarding Plaintiff's [first cause of action] for financial elder abuse, relying on rules of civil procedure that will allow for the consideration of evidence outside the pleadings." (Doc. #7 at 8.) As Defendant filed its contemplated response, Defendant's ex parte application for an extension to file its response (Doc. #6 ) is DENIED AS MOOT. Minute order signed by Magistrate Judge Barbara A. McAuliffe on 10/20/2023. (Valdez, E)
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| Filing 9 PROPOSED ORDER re Granting Motion to Dismiss the Second through Ninth Causes of Action of Plaintiff's Complaint re #7 Motion to Dismiss, #8 Request for Judicial Notice. (Lee, Catherine) |
| Filing 8 REQUEST for JUDICIAL NOTICE by JPMorgan Chase Bank, National Association, Inc. in re #7 Motion to Dismiss. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lee, Catherine) |
| Filing 7 MOTION to DISMISS by JPMorgan Chase Bank, National Association, Inc.. Motion Hearing set for 12/8/2023 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Lee, Catherine) |
| Filing 6 EX PARTE APPLICATION by JPMorgan Chase Bank, National Association, Inc. for Administrative Relief (Initial Ex Parte Extension of Time to Respond To Plaintiff's Complaint). (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order)(Lee, Catherine) |
| Filing 5 CERTIFICATE / PROOF of SERVICE by JPMorgan Chase Bank, National Association, Inc.. (Attachments: #1 Exhibit A)(Lee, Catherine) |
| Filing 4 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/16/2024 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: #1 Appendix A(m), #2 Consent Form, #3 VDRP) (Xiong, J.) |
| Filing 3 CERTIFICATE / PROOF of SERVICE by JPMorgan Chase Bank, N.A., improperly sued as JPMorgan Chase Bank, National Association, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lee, Catherine) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Defendant JPMorgan Chase Bank, N.A., improperly sued as JPMorgan Chase Bank, National Association, Inc.. (Lee, Catherine) |
| Filing 1 NOTICE of REMOVAL from Madera, case number MCV090259 by JPMorgan Chase Bank, N.A., improperly sued as JPMorgan Chase Bank, National Association, Inc.. (Filing fee $ 402, receipt number ACAEDC-11127529) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Lee, Catherine) |
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