(PS) Nelson Rogers v. Washington Mutual Bank, F.A. et al
| Mary Alice Nelson Rogers and Mary Alice Nelson Rogers Family Trust |
| Washington Mutual Bank, F.A., Schools Financial Credit Union, J.P. Morgan Chase Bank N.A. and Quality Loan Services Corporation |
| Internal Revenue Service |
| 2:2021cv02151 |
| November 19, 2021 |
| US District Court for the Eastern District of California |
| John A Mendez |
| Kendall J Newman |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 Petition for Removal- Petition to Quiet Title |
| None |
Docket Report
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This docket was last retrieved on May 10, 2022. A more recent docket listing may be available from PACER.
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Filing 45
ORDER signed by Magistrate Judge Kendall J. Newman on 5/10/2022 DENYING Plaintiff's request to seal. The Clerk shall RETURN to plaintiff the document filed 5/4/2022, entitled "judicial notice of exercise of right to set off." Plaintiff shall CEASE filing documents in this closed case. Any future filings deemed frivolous will be ignored. (Huang, H)
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SERVICE BY MAIL: #45 Order, and Document filed 5/4/2022 entitled "judicial notice of exercise of right to set off" served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Huang, H)
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Filing 44
USCA CASE NUMBER 22-15469 for #42 Notice of Appeal filed by Mary Alice Nelson Rogers Family Trust. (Coll, A)
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Filing 43
APPEAL PROCESSED to Ninth Circuit re #42 Notice of Appeal filed by Mary Alice Nelson Rogers Family Trust. Notice of Appeal filed *3/30/2021*, Complaint filed *11/19/2021* and Appealed Order / Judgment filed *3/16/2022*. Court Reporter: *Kacy Barajas*. *Fee Status: Paid on 3/30/2022 in the amount of $505.00* (Attachments: #1 Appeal Information) (Licea Chavez, V)
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SERVICE BY MAIL: #43 Appeal Processed to USCA, served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Licea Chavez, V)
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Filing 42
NOTICE of APPEAL by Mary Alice Nelson Rogers Family Trust as to #38 Judgment & #37 Order Adopting Findings and Recommendations (Licea Chavez, V)
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RECEIPT number #CAE200120087 $505.00 Appeal Fee fbo Mary Alice Nelson Rogers by Mary Alice Nelson Rogers on 3/30/2022. (Reader, L)
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Filing 41
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 3/25/2022: : The Plaintiff's Motion for Discovery (ECF No. #39 ) is DENIED AS MOOT. The case was closed on 3/16/2022 (see ECF No. #37 ). The Plaintiff is cautioned that future motions filed in this closed case will be disregarded. (Text Only Entry) (Waldrop, A)
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SERVICE BY MAIL: 41 Minute Order served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Waldrop, A)
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Filing 40
NOTICE by Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers re #30 Findings and Recommendations. (Coll, A)
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Filing 39
MOTION for DISCOVERY by Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Attachments: #1 Proof of Service)(Coll, A)
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Filing 38
JUDGMENT dated *3/16/2022* pursuant to order signed by District Judge John A. Mendez on 3/16/2022. (Coll, A)
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Filing 37
ORDER signed by District Judge John A. Mendez on 3/16/2022 DENYING #32 Motion to Disqualify the Magistrate Judge; ADOPTING #30 Findings and Recommendations in full; DENYING #14 Motion to Remand; GRANTING #6 , #12 , & #20 Motions to Dismiss; and DISMISSING plaintiff's Complaint with prejudice. CASE CLOSED. (Coll, A)
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SERVICE BY MAIL: #37 Order Adopting Findings and Recommendations and #38 Judgment served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Coll, A)
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Filing 36
RESPONSE by Mary Alice Nelson Rogers Family Trust to #31 Objections to Findings and Recommendations. (Rodriguez, E)
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Filing 35
RESPONSE by Quality Loan Services Corporation to #31 Objections to Findings and Recommendations. (Attachments: #1 Proof of Service)(Simonson, Todd) Modified on 3/3/2022 (Coll, A).
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Filing 34
RESPONSE by Schools Financial Credit Union to #31 Objections to Findings and Recommendations, #33 Response. (Neumann, Katrina)
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Filing 33
RESPONSE by J.P. Morgan Chase Bank N.A. to #31 Objections to Findings and Recommendations. (Freed, John)
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Filing 32
MOTION for Disqualification of Magistrate Judge by Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Mena-Sanchez, L)
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Filing 31
OBJECTIONS to FINDINGS and RECOMMENDATIONS #30 by Plaintiffs Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Mena-Sanchez, L)
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Filing 30
ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 2/9/22 ORDERING that Plaintiff's filings at ECF No. 25 and 26, to the extent they are motions to strike, are DENIED WITHOUT PREJUDICE as improperly noticed. The hearing on SFCU's motion, currently set for March 1, 2022 #20 , is VACATED, and the matter is taken under submission. The initial scheduling conference set for May 24, 2022 #5 is VACATED AND RECOMMENDING that Plaintiff's Motion to Remand #14 be DENIED. Defendants' Motions to Dismiss #6 , #12 , #20 be GRANTED. Plaintiff's complaint be DISMISSED WITH PREJUDICE. The Clerk of the Court be directed to CLOSE this case. F&R referred to District Judge John A. Mendez. Objections to F&R due within fourteen (14) days. (Kaminski, H)
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SERVICE BY MAIL: #30 Order and Findings and Recommendations, served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Kaminski, H)
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Filing 29
JUDICIAL NOTICE by Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers (Kastilahn, A)
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Filing 28
REQUEST for JUDICIAL NOTICE by Mary Alice Nelson Rogers Family Trust. (Kaminski, H)
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Filing 27
MINUTES (Text Only) for proceedings held via video conference (Zoom) before Magistrate Judge Kendall J. Newman: MOTION HEARING held on 1/25/2022. Plaintiff (appearing by phone) and defense counsel all present. The Court heard from parties regarding the Defendants' Motions to Dismiss (ECF Nos. #6 and #12 ) and Plaintiff's Motion to Remand (ECF No. #14 ). The motions were submitted and an order is to issue. Plaintiffs' Counsel Mary Alice Nelson-Rogers (Pro Se) present. Defendants' Counsel Katrina Neumann, Jake Freed, and Todd Simonson present. Court Reporter: Kacy Barajas. (Waldrop, A)
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SERVICE BY MAIL: 27 Motion Hearing minutes served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Waldrop, A)
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Filing 26
REQUEST for JUDICIAL NOTICE by Mary Alice Nelson Rogers in SUPPORT of #14 Motion to Remand. (Mena-Sanchez, L)
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Filing 25
JUDICIAL NOTICE by Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Kastilahn, A)
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SERVICE BY MAIL: Zoom Instruction for 1/25/22 Hearing served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Donati, J)
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Filing 24
CERTIFICATE of SERVICE by Schools Financial Credit Union re #23 Joinder, #22 Notice of Appearance. (Goldstein, Jason)
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Filing 23
JOINDER by Schools Financial Credit Union in re #14 Motion to Remand filed by Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Goldstein, Jason)
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Filing 22
NOTICE of APPEARANCE by Jason Edward Goldstein on behalf of Schools Financial Credit Union. Attorney Goldstein, Jason Edward added. (Goldstein, Jason)
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Filing 21
REQUEST for JUDICIAL NOTICE by Schools Financial Credit Union in re #20 Motion to Dismiss,. (Neumann, Katrina)
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Filing 20
MOTION to DISMISS by Schools Financial Credit Union. Attorney Neumann, Katrina added. Motion Hearing set for 3/1/2022 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Notice of Party with Financial Interest, #2 Proposed Order)(Neumann, Katrina) Modified on 1/13/2022 (Benson, A.).
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Filing 19
CERTIFICATE of SERVICE by J.P. Morgan Chase Bank N.A. re #17 Opposition to Motion. (Freed, John)
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Filing 18
DECLARATION of John D. Freed in support of #17 Opposition. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Freed, John) Modified on 1/12/2022 (Benson, A.).
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Filing 17
OPPOSITION by J.P. Morgan Chase Bank N.A. to #14 Motion to Remand. (Freed, John)
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Filing 16
CERTIFICATE of SERVICE by Mary Alice Nelson Rogers Family Trust re #14 Motion to Remand. (Rodriguez, E)
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Filing 15
MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 12/28/2021: Currently pending before the undersigned are Motions to Dismiss from Defendants Quality and JP (ECF #6 , #12 ), set for a hearing before the undersigned on 1/25/2022 at 9:00 AM. Plaintiff filed a motion to remand (ECF #14 ), setting it for a January 4, 2022 hearing. However, Local Rule 230(b) requires any motion to be set for a hearing "not less than twenty-eight (28) days after service and filing of the motion." For judicial economy, Plaintiff's motion to remand shall be heard on 1/25/2022 alongside Defendants' motions to dismiss (as well as the matters in 2:21-cv-01908-JAM-KJN). Thus, the hearing set for 1/4/2022 is VACATED. Defendants' opposition to the motion to remand is due by January 11, 2022 with Plaintiff's optional reply due by January 18, 2022. The hearing will take place via Zoom and parties will receive instructions on how to appear from the Court closer to the hearing date. (TEXT ONLY ENTRY) (Waldrop, A)
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SERVICE BY MAIL: 15 Minute Order served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Waldrop, A)
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Filing 13
CERTIFICATE of SERVICE filed by Defendant Quality Loan Services Corporation re #12 Motion to Dismiss. (Simonson, Todd) Modified on 12/27/2021 (Benson, A.).
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Filing 12
MOTION to DISMISS by Quality Loan Services Corporation. Attorney Simonson, Todd Christopher added. Motion Hearing set for 1/25/2022 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Notice, #2 Request for Judicial Notice and Exhibits 1-6, #3 Declaration)(Simonson, Todd) Modified on 12/27/2021 (Benson, A.).
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Filing 11
REQUEST for JUDICIAL NOTICE re #14 Motion to Remand Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Benson, A.) Modified on 12/27/2021 (Benson, A.).
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Filing 14
MOTION to REMAND by Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. Motion Hearing set for 1/4/2022 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Benson, A.)
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Filing 10
CERTIFICATE of SERVICE by J.P. Morgan Chase Bank N.A. re #6 Motion to Dismiss. (Freed, John)
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Filing 9
CERTIFICATE of SERVICE by J.P. Morgan Chase Bank N.A. re #1 Notice of Removal,. (Freed, John)
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Filing 8
PROPOSED ORDER re #6 Motion to Dismiss. (Freed, John) Modified on 11/29/2021 (Coll, A).
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Filing 7
REQUEST for JUDICIAL NOTICE by J.P. Morgan Chase Bank N.A. in re #6 Motion to Dismiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Freed, John)
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Filing 6
MOTION to DISMISS by J.P. Morgan Chase Bank N.A. Motion Hearing set for 1/25/2022 at 09:00 AM before Magistrate Judge Kendall J. Newman. (Freed, John)
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Filing 5
CIVIL NEW CASE DOCUMENTS ISSUED Initial Scheduling Conference set for 5/24/2022 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Consent Form) (Coll, A)
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SERVICE BY MAIL: #5 Civil New Case Documents for JAM served on Mary Alice Nelson Rogers Family Trust, Mary Alice Nelson Rogers. (Coll, A)
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Filing 4
CERTIFICATE of SERVICE by J.P. Morgan Chase Bank N.A. re #1 Notice of Removal, #2 Corporate Disclosure Statement, #3 Notice of Appearance. (Freed, John)
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Filing 3
NOTICE of APPEARANCE by Joseph E. Addiego, III on behalf of J.P. Morgan Chase Bank N.A.. Attorney Addiego, Joseph E. added. (Addiego, Joseph)
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Filing 2
CORPORATE DISCLOSURE STATEMENT by Defendant J.P. Morgan Chase Bank N.A.. (Freed, John)
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Filing 1
NOTICE of REMOVAL from Superior Court of California, County of Sacramento, case number 34-2021-00309810-CU-PT-GDS by JPMorgan Chase Bank, N.A. (Filing fee $ 402, receipt number ACAEDC-9938090) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Notice of Interested Parties)(Freed, John)
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