(PS) Morrison v. NCB Management Services, Inc.
| Jennifer Sue Morrison |
| NCB Management Services, Inc. |
| 2:2021cv00170 |
| January 28, 2021 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| Troy L Nunley |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Defendant |
Docket Report
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This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 21 MINUTE ORDER issued by Relief Courtroom Deputy, L. Kennison for Magistrate Judge Carolyn K. Delaney on 3/23/2021: Pursuant to the parties' stipulation for voluntary dismissal (ECF No. #20 ) and Federal Rule of Civil Procedure 41(a)(1)(A)(ii), this action is DISMISSED without prejudice in its entirety, with each party to bear its own costs and fees. Accordingly, all previously set deadlines and hearings in this case are VACATED. Case CLOSED. (Text Only Entry)(Kennison, L) |
| Filing 20 STIPULATION of DISMISSAL by NCB Management Services, Inc.. (Attachments: #1 Proposed Order)(Shaw, Brittany) |
| SERVICE BY MAIL: 21 Minute Order served on Jennifer Sue Morrison. (Kennison, L) |
| Filing 19 MINUTE ORDER (TEXT ONLY) issued by Relief Courtroom Deputy, Lisa Kennison for Magistrate Judge Carolyn K. Delaney on 3/22/2021: On 3/19/2021, the court received plaintiff's request to voluntarily dismiss this case with prejudice. (ECF No. #18 .) However, because defendant has already filed an Answer (ECF No. #5 ), plaintiff can no longer voluntarily dismiss this case without defendant's agreement. See Fed. R. Civ. P. 41(a)(1)(A)(i) (plaintiff may voluntarily dismiss case without court order by filing a notice of dismissal *before* the opposing party serves an answer or motion for summary judgment). If plaintiff wishes to pursue voluntary dismissal, she must instead file a stipulation of dismissal signed by both herself and the defendant. See Fed. R. Civ. P. 41(a)(1)(A)(ii).(Kennison, L) |
| SERVICE BY MAIL: 19 Minute Order served on Jennifer Sue Morrison. (Kennison, L) |
| Filing 18 NOTICE of VOLUNTARY DISMISSAL pursuant to FRCP 41(a)(1)(A)(ii) by Jennifer Sue Morrison. (Coll, A) |
| Filing 17 NOTICE of APPEARANCE by James Kevin Schultz on behalf of NCB Management Services, Inc.. Attorney Schultz, James Kevin added. (Attachments: #1 Proof of Service)(Schultz, James) |
| Filing 16 NOTICE of APPEARANCE by Brittany Lyn Shaw on behalf of NCB Management Services, Inc.. Attorney Shaw, Brittany Lyn added. (Shaw, Brittany) |
| Filing 15 NOTICE of APPEARANCE by Christopher J. Weber on behalf of NCB Management Services, Inc.. Attorney Weber, Christopher J. added. (Weber, Christopher) |
| Filing 14 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 6/30/2021 at 10:00 AM in Courtroom 24 (CKD) before Magistrate Judge Carolyn K. Delaney. (Attachments: #1 Consent Form) (Sant Agata, S) |
| Filing 13 CASE TRANSFERRED IN from District of California Northern; Case Number 3:20-cv-08609. |
| SERVICE BY MAIL: #14 Civil New Case Documents for TLN served on Jennifer Sue Morrison. (Sant Agata, S) |
| Remark: Case File Electronically Transferred to the Eastern District of California. (msrS, COURT STAFF) (Filed on 1/28/2021) [Transferred from cand on 1/28/2021.] |
Filing 12
ORDER. Defendant removed to this Court an action pending in the Superior Court for Yuba County. Dkt. No. 1. Yuba County is in the Eastern District of California. The state court complaint indicates that plaintiff resides in Yuba County. Dkt. No. 1-2. Exh. 1. Defendant's notice further confuses matters by referring to the Central District as the destination for removal, and stating that Yuba County is in the Northern District, which is wrong. Dkt. No. 1 at 1, 3. A notice of removal must be filed "in the district court of the United States for the district and division within which such action is pending." 28 U.S.C. 1446(a); see also id. 1441(a) (same). Because defendant removed to the wrong venue under these provisions, the case is transferred to the Eastern District of California. 28 U.S.C. 1406(a); Costlow v. Weeks, 790 F.2d 1486, 1488 (9th Cir.1986) ("In the absence of a waiver, we can find no reason to hold that the district court erred by raising the issue of defective venue on its own motion."). Signed by Judge James Donato on 1/27/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3S, COURT STAFF) (Filed on 1/27/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/28/2021.]
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Filing 11
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 3/11/2021 10:00 AM in San Francisco. Case Management Statement due by 3/4/2021. Signed by Judge James Donato on 1/22/2021. (lrcS, COURT STAFF) (Filed on 1/22/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/28/2021.]
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Filing 10
ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge James Donato for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 1/21/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 1/21/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/28/2021.]
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| Filing 9 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (mklS, COURT STAFF) (Filed on 1/21/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/28/2021.] |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Jennifer Sue Morrison.. (Morrison, Jennifer) (Filed on 1/21/2021) [Transferred from cand on 1/28/2021.] |
| Filing 7 CLERK'S NOTICE Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge by 1/21/2021. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 1/7/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/28/2021.] |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by NCB Management Services, Inc... (Flynn, Sean) (Filed on 12/21/2020) [Transferred from cand on 1/28/2021.] |
| Filing 5 ANSWER to Complaint with jury demand byNCB Management Services, Inc.. (Flynn, Sean) (Filed on 12/14/2020) [Transferred from cand on 1/28/2021.] |
| Filing 4 Corporate Disclosure Statement by NCB Management Services, Inc. (Flynn, Sean) (Filed on 12/11/2020) [Transferred from cand on 1/28/2021.] |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/1/2021. Initial Case Management Conference set for 3/8/2021 01:30 PM in San Francisco, Courtroom C, 15th Floor. (Attachments: #1 Standing Order, #2 Standing Order, #3 Standing Order)(msrS, COURT STAFF) (Filed on 12/7/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 1/28/2021.] |
| Filing 2 Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/21/2020. (haS, COURT STAFF) (Filed on 12/7/2020) [Transferred from cand on 1/28/2021.] |
| Filing 1 NOTICE OF REMOVAL from Yuba County Superior. Their case number is CVCL20-00035. (Filing fee $402 receipt number 0971-15278421). Filed byNCB Management Services, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Notice of Lodgment of State Court Pleadings)(Flynn, Sean) (Filed on 12/4/2020) [Transferred from cand on 1/28/2021.] |
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| Defendant: NCB Management Services, Inc. | |
| Represented By: | Sean Patrick Flynn |
| Represented By: | Brittany Lyn Shaw |
| Represented By: | Christopher J. Weber |
| Represented By: | James Kevin Schultz |
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| Plaintiff: Jennifer Sue Morrison | |
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