Manwarren v. MEB Loan Trust IV, U.S. Bank National Assoc.
| Katherine A. Manwarren |
| MEB Loan Trust IV, U.S. Bank National Association, Affinia Default Services, LLC and Specialized Loan Servicing, LLC |
| 2:2022cv01819 |
| October 14, 2022 |
| US District Court for the Eastern District of California |
| Kendall J Newman |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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| Filing 16 REPLY in Support of #4 Motion to Dismiss by MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC. (Morris, Darlene) Modified on 12/12/2022 (Licea Chavez, V). |
Filing 15
ORDER signed by Magistrate Judge Kendall J. Newman on 12/8/2022 DENYING #14 Substitution of Attorney. (Perdue, C.)
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| Filing 14 SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Katherine A. Manwarren. (Saunders, Gary) |
| Filing 13 OPPOSITION by Katherine A. Manwarren to #4 Motion to Dismiss. (Saunders, Gary) |
| Filing 12 MINUTE ORDER issued by Courtroom Deputy for Chief Magistrate Judge Kendall J. Newman on 11/17/2022: Pending before the court is defendants motion to dismiss (ECF No. #4 ), currently set for a hearing before the undersigned on December 20, 2022 (ECF No. 11). Under Local Rule 230, plaintiff's opposition was due within 14 days notice of motion. Thus, plaintiff's opposition was due by November 16, 2022. This deadline has passed without opposition from plaintiff. The court is granted the authority to consider plaintiff's failure to oppose as consent to defendants' motion. However, in the interests of justice, the court will not order this at this time, and instead VACATES the December 20th hearing. See Local Rule 230(c) ("No party will be entitled to be heard in opposition to a motion at oral arguments if opposition to the motion has not been timely filed by that party."). Plaintiff is ordered to file opposition, or a statement of non-opposition, within 14 days of this order. Defendants are permitted a reply brief within 10 days of plaintiff's filing. After this, the court will take the matter under submission and decide the issues on the papers. (Text Only Entry) (Waldrop, A) |
| Filing 11 NOTICE to RESCHEDULE HEARING on #4 Motion to Dismiss: Motion Hearing set for 12/20/2022 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Norman, Robert) |
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Filing 10
CONSENT MINUTE ORDER (Text Only) signed by Chief Judge Kimberly J. Mueller on 11/2/2022: All parties have consented to the jurisdiction of a United States Magistrate Judge for all further proceedings in this action, including trial and entry of judgment, pursuant to 28 U.S.C. 636(c)(1). Accordingly, this Court AUTHORIZES the action to proceed before the assigned United States Magistrate Judge for all further proceedings including trial and entry of judgment. All further papers filed in this action shall bear the case number 2:22-cv-01819 KJN (SS).(Kastilahn, A)
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| Filing 9 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Saunders, Gary) |
| Filing 8 CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Morris, Darlene) |
| Filing 7 [DISREGARD - Blank form] CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Saunders, Gary) Modified on 10/26/2022 (Coll, A). |
| Filing 6 MINUTE ORDER issued by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 10/24/2022: On October 21, 2022, defendant filed a motion to dismiss and noticed it for a hearing on December 6, 2022 before the undersigned. (ECF No. #4 .) However, a review of the docket indicates that there are still outstanding consent/decline forms to be submitted. (See ECF No. #2 .) The parties are not required to consent to the jurisdiction of a magistrate judge, but the parties' designations are required in order to facilitate any dispositive motions, given that this case was directly assigned to the undersigned pursuant to Appendix A sub. m of the local rules. Simply, if all parties consent, the undersigned may hear defendant's motion, but if a party declines, the clerk will randomly assign a district judge who would hear defendant's motion. Therefore, it is hereby ORDERED: (1) the hearing on defendant's motion to dismiss (ECF No. #4 ) is VACATED; (2) within 7 days of this minute order, all parties shall submit their consent decline forms; and (3) once it is clear which judge should hear defendant's motion, it may be re-noticed for a hearing before that judge, as per the deadlines in Local Rule 230. (Text Only Entry) (Waldrop, A) |
| Filing 5 REQUEST for JUDICIAL NOTICE by MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC in re #4 Motion to Dismiss,. (Attachments: #1 Exhibits 1-10)(Norman, Robert) |
| Filing 4 MOTION to DISMISS by MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC. Motion Hearing SET for 12/20/2022 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: #1 Proposed Order)(Norman, Robert) Modified on 10/24/2022 (Mena-Sanchez, L). Modified on 11/4/2022 (Kastilahn, A). |
| Filing 3 CERTIFICATE / PROOF of SERVICE by MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC re #2 Civil New Case Documents for Magistrate as Presider. (Norman, Robert) |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Coll, A) |
| Filing 1 NOTICE of REMOVAL from Solano County Superior Court, case number FCS058620 by MEB Loan Trust IV, U.S. Bank National Association, Specialized Loan Servicing, LLC. (Filing fee $ 402, receipt number ACAEDC-10494827) (Attachments: #1 Exhibit A - Complaint, #2 Civil Cover Sheet, #3 Certificate of Interested Parties)(Norman, Robert) |
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