Mendaros v. JPMorgan Chase Bank, National Association et al
| Mendaros and Mark A Mendaros |
| JPMorgan Chase Bank, National Association, James E. Albertelli, PA, Select Porfolio Servicing, Inc. and Deutsche Bank National Trust Company |
| 4:2016cv06092 |
| October 21, 2016 |
| US District Court for the Northern District of California |
| Haywood S Gilliam |
| Donna M Ryu |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2017. A more recent docket listing may be available from PACER.
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| Filing 52 JUDGMENT. Signed by Judge Haywood S. Gilliam, Jr. on 8/3/2017. (ndrS, COURT STAFF) (Filed on 8/3/2017) |
Filing 51
ORDER DISMISSING CASE WITH PREJUDICE. ***Civil Case Terminated.*** Signed by Judge Haywood S. Gilliam, Jr. on 8/3/2017. (ndrS, COURT STAFF) (Filed on 8/3/2017)
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| Set Deadline Pursuant to Docket No. 50 : Statement due by 7/12/2017. (ndrS, COURT STAFF) (Filed on 7/6/2017) |
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Filing 50
ORDER by Hon. Haywood S. Gilliam, Jr. DIRECTING Plaintiff TO SHOW CAUSE why the case should not be dismissed for failing to amend the complaint by the June 30, 2017, deadline. Plaintiff shall file a statement of two pages or less by July 12, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc2S, COURT STAFF) (Filed on 7/5/2017)
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| Filing 49 NOTICE by James E. Albertelli, PA Withdrawing Stipulation and Request for an Order Affirming ALAW's Nonmonetary Status and Nonparticipation in This Action (Attachments: #1 Certificate/Proof of Service)(Corriveau, Julie) (Filed on 6/6/2017) |
| Filing 48 NOTICE of Change In Counsel by Gina Lorraine Albertson Removing Namson N. Pham as Counsel for Defendants Deutsche Bank National Trust Company, as Trustee and Select Portfolio Servicing, Inc. (Albertson, Gina) (Filed on 5/31/2017) |
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Filing 47
ORDER by Judge Haywood S. Gilliam, Jr. GRANTING ( #9 , #12 ) MOTIONS TO DISMISS. Amended Pleadings due by 6/30/2017. (ndrS, COURT STAFF) (Filed on 5/31/2017)
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| Filing 46 NOTICE by Deutsche Bank National Trust Company, Select Porfolio Servicing, Inc. of a Matter Under Submission [ECF 12 and 23] (Albertson, Gina) (Filed on 5/4/2017) |
| Filing 45 CLERKS NOTICE REGARDING CHANGE OF LOCATION FOR JUDGE GILLIAM:Effective March 2, 2017, Judge Haywood S. Gilliam, Jr.'s courtroom and chambers will be located in the Ronald V. Dellums Federal Building and United States Courthouse, Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. On or after March 2, 2017, all filings for matters pending on Judge Gilliam's docket, all court appearances, and all deliveries of chambers copies of documents must be made at the Oakland Courthouse. The days and times for law and motion calendars and all currently scheduled proceedings remain unchanged.Please note that all of Judge Gilliam's case files will be moved to the Oakland Courthouse; therefore, all case numbers assigned to him will be changed slightly to reflect the correct location. Previously, all case numbers started with 3 to indicate the San Francisco office (Example: 3:15-cv-1129-HSG). As of March 2, 2017 all of Judge Gilliam's case files will begin with 4 to indicate the Oakland office, but everything else will stay the same (Example: 4:15-cv-1129-HSG). When e-filing, using the short case number format will always avoid problems when searching for the correct case: 12-12345 (YY-NNNNN).For information on the Oakland Courthouse please go to: http://cand.uscourts.gov/locations-oakland (msr, COURT STAFF) (Filed on 3/1/2017) |
| Filing 44 STIPULATION WITH PROPOSED ORDER on Defendant James E. Albertelli, PA DBA Alaw's Nonmonetary Status and NonParticipation in this Action filed by James E. Albertelli, PA. (Attachments: #1 Proposed Order [Proposed] Order on Defendant James E. Albertelli, PA DBA ALAW's Nonmonetary Status and Nonparticipation in this Action, #2 Proof of Service)(Corriveau, Julie) (Filed on 2/16/2017) Modified on 2/17/2017 (alsS, COURT STAFF). Modified on 6/7/2017 (vlkS, COURT STAFF). |
| Filing 43 NOTICE of Withdrawal of Request to Appear Telephonically at the Initial Case Management Conference by James E. Albertelli, PA re 42 Clerk's Notice, (Attachments: #1 Proof of Service)(Corriveau, Julie) (Filed on 1/16/2017) Modified on 1/17/2017 (alsS, COURT STAFF). |
| Filing 42 CLERK'S NOTICE. Notice is hereby given that the case management conference, previously set for February 7, 2017 before Judge Haywood S. Gilliam, Jr. is vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndrS, COURT STAFF) (Filed on 1/13/2017) |
| Filing 41 MOTION to Appear by Telephone at the Initial Case Management Conference scheduled for February 7, 2017 filed by James E. Albertelli, PA. (Attachments: #1 Proposed Order, #2 Proof of Service)(Corriveau, Julie) (Filed on 1/12/2017) |
| Filing 40 NOTICE by Deutsche Bank National Trust Company, Select Porfolio Servicing, Inc. re #28 Opposition/Response to Motion, #31 Reply to Opposition/Response, #12 First MOTION to Dismiss Supplemental Authority (Pham, Namson) (Filed on 1/10/2017) |
| Filing 39 NOTICE by Deutsche Bank National Trust Company re #9 MOTION to Dismiss , #12 First MOTION to Dismiss , CLARIFICATION OF WITHDRAWAL AND SUBSTITUTION OF THE FIRST MOTION TO DISMISS THE COMPLAINT WITH THE SECOND MOTION TO DISMISS (Albertson, Gina) (Filed on 12/23/2016) |
| Filing 38 CLERK'S NOTICE. Notice is hereby given that the Court takes the pending ( #9 , #12 ) motions to dismiss filings under submission. The hearings previously scheduled for December 29, 2016 at 2:00 p.m. is vacated. The Court will issue a written order. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 12/20/2016) |
| Filing 37 First MOTION to Appear by Telephone filed by Mark A Mendaros. (Attachments: #1 Proposed Order)(McCandless, Timothy) (Filed on 12/16/2016) |
| Electronic filing error. Please re-file in its entirety. Re: #33 First MOTION to Appear by Telephone filed by Mark A MendarosDocument signature line is incorrect. Please update signature line reflecting correct Judge. This is a text only docket entry. There is no document associated with this entry. [err400] (als, COURT STAFF) (Filed on 12/16/2016) |
| Filing 36 MOTION to Appear by Telephone filed by James E. Albertelli, PA. (Attachments: #1 Proposed Order, #2 Proof of Service)(Corriveau, Julie) (Filed on 12/15/2016) Modified on 12/16/2016 (als, COURT STAFF). |
| Filing 35 ***DISREGARD. RE-FILED, SEE DOCKET NO. #36 *** NOTICE by James E. Albertelli, PA (Attachments: #1 Proposed Order [PROPOSED] ORDER, #2 Proof of Service)(Corriveau, Julie) (Filed on 12/15/2016) Modified on 12/16/2016 (ndrS, COURT STAFF). |
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Filing 34
ORDER by Judge Haywood S. Gilliam, Jr. Denying #32 Motion to Appear by Telephone. (ndrS, COURT STAFF) (Filed on 12/15/2016)
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| Filing 33 ***FILER REQUESTED TO RE-SUBMIT DOCUMENT***First MOTION to Appear by Telephone filed by Mark A Mendaros. (Attachments: #1 Proposed Order)(McCandless, Timothy) (Filed on 12/15/2016) Modified on 12/16/2016 (als, COURT STAFF). Modified on 12/19/2016 (ndrS, COURT STAFF). |
| Filing 32 MOTION to Appear by Telephone at Hearing re Motion to Dismiss filed by JPMorgan Chase Bank, National Association. (Attachments: #1 Proposed Order)(Liu, David) (Filed on 12/15/2016) |
| Filing 31 REPLY (re #12 First MOTION to Dismiss ) filed byDeutsche Bank National Trust Company, Select Porfolio Servicing, Inc.. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Albertson, Gina) (Filed on 11/29/2016) |
| Filing 30 REPLY (re #9 MOTION to Dismiss ) filed byJPMorgan Chase Bank, National Association. (Liu, David) (Filed on 11/29/2016) |
| Filing 29 OPPOSITION/RESPONSE (re #9 MOTION to Dismiss ) filed byMark A Mendaros. (McCandless, Timothy) (Filed on 11/22/2016) Modified on 11/23/2016 (ecgS, COURT STAFF). |
| Filing 28 OPPOSITION/RESPONSE (re #12 First MOTION to Dismiss ) filed byMark A Mendaros. (McCandless, Timothy) (Filed on 11/22/2016) Modified on 11/23/2016 (ecgS, COURT STAFF). |
| Filing 27 Request for Judicial Notice re #26 MOTION for Joinder Defendant Alaw's Joinder in JPMorgan Chase Bank, N.A., Select Portfolio Servicing, Inc. and Deutsche Bank National Trust Company's Motions to Dismiss Plaintiff's Complaint filed byJames E. Albertelli, PA. (Attachments: #1 Exhibit Exhibits A-C, #2 Certificate/Proof of Service)(Related document(s) #26 ) (Corriveau, Julie) (Filed on 11/15/2016) |
| Filing 26 JOINDER re #9 , #12 Motions to Dismiss Plaintiff's Complaint filed by James E. Albertelli, PA. (Attachments: #1 Certificate/Proof of Service)(Corriveau, Julie) (Filed on 11/15/2016) Modified on 11/15/2016 (ecgS, COURT STAFF). |
| Filing 25 Certificate of Interested Entities by James E. Albertelli, PA dba ALAW (Attachments: #1 Certificate/Proof of Service)(Corriveau, Julie) (Filed on 11/15/2016) |
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Filing 24
ORDER by Judge Haywood S. Gilliam, Jr. Granting #22 Motion to Substitute Attorney. Attorney John M. Sorich; Bryant Steven Delgadillo; and David Ming Liu terminated. (ndrS, COURT STAFF) (Filed on 11/15/2016)
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| Electronic filing error. Re: #26 Motion for Joinder filed by James E. Albertelli, PA. Incorrect event used. [err101] Document not properly linked. [err102] Correct event is JOINDER (located: Civil Events > Other Filings > Other Documents). Corrected by Clerk's office. Motion at #26 is terminated by the Court re: error of filer. No further action is necessary. (ecgS, COURT STAFF) (Filed on 11/15/2016) |
| Reset Hearing as to #12 First MOTION to Dismiss Pursuant to Docket No. #23 : Motion Hearing set for 12/29/2016 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 11/10/2016) |
| Filing 23 Renotice motion hearing re #12 First MOTION to Dismiss filed byDeutsche Bank National Trust Company, Select Porfolio Servicing, Inc.. (Related document(s) #12 ) (Pham, Namson) (Filed on 11/10/2016) |
| Filing 22 MOTION to Substitute Attorney filed by Deutsche Bank National Trust Company. (Albertson, Gina) (Filed on 11/10/2016) |
| Reset Hearing as to #9 MOTION to Dismiss Pursuant to Docket No. #9 : Motion Hearing set for 12/29/2016 02:00 PM before Hon. Haywood S. Gilliam Jr. (ndrS, COURT STAFF) (Filed on 11/10/2016) |
| Filing 21 Renotice motion hearing re #9 MOTION to Dismiss filed byJPMorgan Chase Bank, National Association. (Related document(s) #9 ) (Liu, David) (Filed on 11/9/2016) |
| Electronic filing error. Incorrect event used. [err101] Re: #20 MOTION to Dismiss filed by JPMorgan Chase Bank, National Association Please re-file in its entirety using the correct event Re-Notice Motion (located: Civil Events > Motions and Related Filings > Other Supporting Documents), please link your re-notice motion to your respective applicable pending Motion #9 , or #12 . The clerk shall terminate motion at DI #20 as filed in error. (ecgS, COURT STAFF) (Filed on 11/9/2016) |
| Filing 20 MOTION to Dismiss filed by JPMorgan Chase Bank, National Association. Motion Hearing set for 12/29/2016 02:00 PM in Courtroom 10, 19th Floor, San Francisco before Hon. Haywood S Gilliam Jr.. Responses due by 11/22/2016. Replies due by 11/29/2016. (Liu, David) (Filed on 11/8/2016) |
| Filing 19 NOTICE of Appearance by Namson Nguyen Pham on behalf of Defendants Select Portfolio Servicing, Inc. and Deutsche Bank National Trust Company, as Trustee (Pham, Namson) (Filed on 11/4/2016) |
| Filing 18 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE. Notice is hereby given that a Case Management Conference has been set for February 7, 2017, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m., in Courtroom 10, 19th Floor, 450 Golden Gate Avenue, San Francisco, CA. Case Management Statement due by January 31, 2017. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Counsel must re-notice not re-file the ( #9 , #12 ) motions to dismiss before Judge Gilliam. The briefing schedules remains in effect. Counsel are directed to check the Court's scheduling notes before re-noticing the motion for a new hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ndrS, COURT STAFF) (Filed on 11/4/2016) |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by the Executive Committee on 11/2/2016. (vlk, COURT STAFF) (Filed on 11/2/2016)
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| Filing 16 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. (ig, COURT STAFF) (Filed on 11/1/2016) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mark A Mendaros.. (McCandless, Timothy) (Filed on 11/1/2016) |
| Filing 14 ADR Remark: ADR Phone Conference held on 10/31/2016 with Tamara Lange. (cmf, COURT STAFF) (Filed on 11/1/2016) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Deutsche Bank National Trust Company, Select Porfolio Servicing, Inc... (Albertson, Gina) (Filed on 10/28/2016) |
| Filing 12 First MOTION to Dismiss filed by Deutsche Bank National Trust Company, Select Porfolio Servicing, Inc.. Motion Hearing set for 12/8/2016 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 11/14/2016. Replies due by 11/21/2016. (Attachments: #1 Exhibit Request for Judicial Notice, #2 Proposed Order Proposed Order)(Albertson, Gina) (Filed on 10/28/2016) |
| Filing 11 NOTICE of Appearance by Gina Lorraine Albertson (Albertson, Gina) (Filed on 10/28/2016) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge Consent/Declination due by 11/4/2016. 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. (ig, COURT STAFF) (Filed on 10/28/2016) |
| Filing 9 MOTION to Dismiss filed by Deutsche Bank National Trust Company, JPMorgan Chase Bank, National Association. Motion Hearing set for 12/8/2016 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Donna M. Ryu. Responses due by 11/14/2016. Replies due by 11/21/2016. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to RJN, #3 Exhibit 2 to RJN, #4 Exhibit 3 to RJN, #5 Exhibit 4 to RJN, #6 Exhibit 5 to RJN, #7 Exhibit 6 to RJN, #8 Exhibit 7 to RJN, #9 Exhibit 8 to RJN, #10 Exhibit 9 to RJN, #11 Proposed Order)(Liu, David) (Filed on 10/28/2016) |
| Filing 8 NOTICE by Deutsche Bank National Trust Company, JPMorgan Chase Bank, National Association (Attachments: #1 Standing Order)(Liu, David) (Filed on 10/26/2016) |
| Filing 7 NOTICE by Deutsche Bank National Trust Company, JPMorgan Chase Bank, National Association re #4 Initial Case Management Scheduling Order with ADR Deadlines (Attachments: #1 Order of CMC & ADR Deadlines)(Liu, David) (Filed on 10/26/2016) |
| Filing 6 ADR Clerk's Notice Setting ADR Phone Conference on October 31, 2016 at 3:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 10/25/2016) |
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Filing 5
ORDER Referring Case to ADR Unit for Assessment Telephone Conference. Signed by Magistrate Judge Donna M. Ryu on 10/25/2016. (dmrlc1, COURT STAFF) (Filed on 10/25/2016)
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| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/25/2017. Case Management Conference set for 2/1/2017 01:30 PM. (vlk, COURT STAFF) (Filed on 10/24/2016) |
| Filing 3 Case assigned to Magistrate Judge Donna M. Ryu. 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 11/4/2016. (cjlS, COURT STAFF) (Filed on 10/21/2016) |
| Filing 2 Certificate of Interested Entities by Deutsche Bank National Trust Company, JPMorgan Chase Bank, National Association identifying Corporate Parent JPMorgan Chase & Co. for Deutsche Bank National Trust Company, JPMorgan Chase Bank, National Association. (Liu, David) (Filed on 10/21/2016) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California County of San Francisco. Their case number is CGC-16-554196. (Filing fee $400 receipt number 0971-10870194). Filed byDeutsche Bank National Trust Company, JPMorgan Chase Bank, National Association. (Attachments: #1 Request for Judicial Notice, #2 Exhibit 1 to RJN, #3 Exhibit 2 to RJN, #4 Exhibit 3 to RJN, #5 Exhibit 4 to RJN, #6 Exhibit 5 to RJN, #7 Civil Cover Sheet)(Liu, David) (Filed on 10/21/2016) |
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