Mendoza v. Bank of America Corporation
| Miguel Mendoza |
| Bank of America Corporation |
| 3:2019cv02491 |
| May 8, 2019 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Labor: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 24, 2021. A more recent docket listing may be available from PACER.
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Filing 90
ORDER granting (80) Motion for Attorney Fees; granting (83) Motion for Settlement in case 3:19-cv-00316-LB. (Beeler, Laurel) (Filed on 11/24/2021)
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Filing 89
Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motions Hearing held via Zoom on 10/28/2021. Parties to submit their status update by 11/17/2021. Matters are taken under submission. Total Time in Court: 3 minutes. Zoom Webinar Recording Time: 10:13 - 10:16. Plaintiffs' Attorneys: David Markham, Richard Quintilone, II, Stanley Saltzman, Tatiana Avakian, and Jeffrey Green. Defendant's Attorney: Sabrina Alexis Beldner. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 10/28/2021)
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Filing 88
NOTICE of Change In Counsel by Sabrina Alexis Beldner (Beldner, Sabrina) (Filed on 9/20/2021)
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Filing 87
NOTICE of Appearance by Sabrina Alexis Beldner (Beldner, Sabrina) (Filed on 9/10/2021)
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Filing 86
Order granting (85) Joint Stipulation to Approve Amended Class Notice and Clarify Court's Order Granting Preliminary Approval of Class Action Settlement. Associated Cases: 3:19-cv-02491-LB, 3:19-cv-00316-LB(ejkS, COURT STAFF) (Filed on 6/17/2021)
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Filing 85
STIPULATION WITH PROPOSED ORDER Joint Stipulation to Approve Amended Class Notice and Clarify Court's Order Granting Preliminary Approval of Class Action Settlement filed by Miguel Mendoza. (Attachments: #1 Exhibit 1 to Joint Stipulation, #2 Exhibit 2 to Joint Stipulation, #3 Proposed Order Granting Joint Stipulation, #4 Exhibit 2 to Proposed Order)(Avakian, Tatiana) (Filed on 6/16/2021)
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Filing 84
NOTICE by Bank of America Corporation of PROPOSED CLASS ACTION SETTLEMENT PURSUANT TO CLASS ACTION FAIRNESS ACT, 28 U.S.C. 1715 (Kim, Sylvia) (Filed on 6/3/2021)
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Filing 83
PRELIMINARY APPROVAL ORDER. Motion Hearing for Final Approval set for 10/28/2021 at 9:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Signed by Judge Laurel Beeler on 05/27/2021. (ejkS, COURT STAFF) (Filed on 5/27/2021)
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Filing 82
Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom on 5/27/2021. Court to issue order. Total Time in Court: 2 minutes. Zoom Meeting Recording Time: 9:35 - 9:37. Plaintiff's Attorneys: Stanley Saltzman and Tatiana Avakian. Defendant's Attorney: Matthew Kane. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 5/27/2021)
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Filing 81
CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #74 MOTION for Settlement Unopposed Motion for Preliminary Approval of Class Action Settlement set for 5/27/2021 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. This proceeding will be held via a Zoom meeting.Meeting Access: All counsel, members of the public, and media may access the meeting information at #https://www.cand.uscourts.gov/lb. Please DO NOT join the Zoom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. You will be placed in a waiting room and admitted once the settlement conference begins. (Meeting ID: 160 464 1326 Passcode: 106809)General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no documen t associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/27/2021)
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Filing 80
CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE: The court vacates the CMC previously set for 6/10/2021 before Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/17/2021)
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Filing 79
Statement Joint Statement in Response to Court's Notices re Selecting Date for Final Approval Hearing by Miguel Mendoza. (Avakian, Tatiana) (Filed on 5/14/2021)
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Filing 78
CLERK'S NOTICE: The court asks the parties to submit their proposed date for the final fairness hearing today if possible, and if not, by Monday. (See Dkt. Entry 77 (asking for this information but not giving a date).) (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/14/2021)
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Filing 77
CLERK'S NOTICE: The parties proposed a schedule keyed from the issuance of the preliminary-approval order. The court asks them to assume the order will be issued on May 27 and to propose the date for the final fairness hearing (based on the proposed schedule) so that the court does not have to do the math. The date should be on the ordinary Thursday motions calendar. If the date does not work for the court, the court will set it on the next available Thursday. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/11/2021)
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Filing 76
CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing #74 MOTION for Settlement Unopposed Motion for Preliminary Approval of Class Action Settlement set for 5/27/2021 at 9:30 AM in San Francisco - Videoconference Only before Magistrate Judge Laurel Beeler. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only ent ry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/3/2021)
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Filing 75
NOTICE by Miguel Mendoza Notice of Entry of Order Approving Joint Consent to the Assignment of Kaffishahsavar, et al. v. Bank of America, N.A., to Magistrate Judge Laurel Beeler for the Limited Purpose of Global Settlement Approval (Avakian, Tatiana) (Filed on 4/30/2021)
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Filing 74
MOTION for Settlement Unopposed Motion for Preliminary Approval of Class Action Settlement filed by Miguel Mendoza. Motion Hearing set for 5/27/2021 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 5/6/2021. Replies due by 5/13/2021. (Attachments: #1 Declaration of Stanley D. Saltzman ISO Motion for Preliminary Approval, #2 Exhibit 1 to Declaration of Stanley D. Saltzman, #3 Exhibit 2 to Declaration of Stanley D. Saltzman, #4 Declaration of Tatiana G. Avakian ISO Motion for Preliminary Approval, #5 Declaration of David Markham ISO Motion for Preliminary Approval, #6 Declaration of Rich E. Quintilone ISO Motion for Preliminary Approval, #7 Proposed Order Granting Preliminary Approval)(Avakian, Tatiana) (Filed on 4/22/2021)
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Filing 73
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Further Case Management Conference previously set for 4/29/2021 is reset to 6/10/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 6/3/2021. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov /lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ejkS, COURT STAFF) (Filed on 4/13/2021)
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Filing 72
CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Further Case Management Conference set for 4/29/2021 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons gran ted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)< /i< (ejkS, COURT STAFF) (Filed on 3/1/2021)
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Filing 71
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: In light of the notice of settlement, the court continues the Further Case Management Conference previously set for 1/28/2021 to 4/29/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 4/22/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 1/22/2021)
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Filing 70
STATUS REPORT Joint Status Report Re Settlement by Miguel Mendoza. (Avakian, Tatiana) (Filed on 1/21/2021)
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Filing 69
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: In light of the notice of settlement, the court continues the CMC from 12/10/2020 to 1/28/2021 at 9:30 AM to avoid losing track of the case, and directs the filing of a stipulated dismissal or a short update by 1/21/2021. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-onl y entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 12/4/2020)
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Filing 68
JOINT CASE MANAGEMENT STATEMENT filed by Bank of America Corporation. (Kim, Sylvia) (Filed on 12/3/2020)
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Filing 67
CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE. Further Case Management Conference previously set for 10/22/2020 is reset to 12/10/2020 at 9:30 AM. Case Management Statement due by 12/3/2020. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with th is entry.) (ejkS, COURT STAFF) (Filed on 10/15/2020)
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Filing 66
Order by Magistrate Judge Laurel Beeler granting #65 Stipulation to Continue October 22, 2020 Further Case Management Conference and Maintain Stay to Finalize Terms of Settlement. (ejkS, COURT STAFF) (Filed on 10/15/2020)
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Filing 65
STIPULATION WITH PROPOSED ORDER To Continue October 22, 2020 Further Case Management Conference and Maintain Stay to Finalize Terms of Settlement filed by Bank of America Corporation. (Attachments: #1 Proposed Order)(Kim, Sylvia) (Filed on 10/15/2020)
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Filing 64
CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Further Case Management Conference set for 10/22/2020 at 9:30 AM is reset to 10:30 AM. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/25/ 2020)
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Filing 63
Order by Magistrate Judge Laurel Beeler granting #62 Stipulation to Continue Further Case Management Conference. Further Case Management Conference previously set for 7/23/2020 is reset to 10/22/2020 at 9:30 AM. Case Management Statement due by 10/15/2020. (ejkS, COURT STAFF) (Filed on 7/17/2020)
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Filing 62
STIPULATION WITH PROPOSED ORDER to Continue Further Case Management Conference filed by Bank of America Corporation. (Attachments: #1 Proposed Order)(Kim, Sylvia) (Filed on 7/16/2020)
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Filing 61
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 7/23/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/21/2020)
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Filing 60
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Pursuant to the parties' joint request, the court resets the Case Management Conference previously set for 4/2/2020 to 7/23/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 7/16/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/26/2020)
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Filing 59
JOINT FURTHER CASE MANAGEMENT STATEMENT filed by Bank of America Corporation. (Kim, Sylvia) (Filed on 3/26/2020) Modified on 3/26/2020 (mclS, COURT STAFF).
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Filing 58
CLERK'S NOTICE RE: UPDATED CALL-IN INFORMATION FOR CMC/MOTION HEARING: The court circulates the following conference number to allow the equivalent of a public hearing by telephone:Dial In: 877-336-1839Access Code: 8191201# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/19/2020)
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Filing 57
CLERK'S NOTICE RE: CASE MANAGEMENT CONFERENCE / MOTION HEARING: Through at least April 17, 2020, the court will not have any in-person civil case-management conferences or civil motions hearings and instead will have telephonic appearances. For motions hearings, the court is open to hearings by Skype for Business or Google Hangouts (because for now, the court cannot host conferences by Zoom). (This latter approach requires IT staff to provide the court with a web cam so there may be some delay.) Telephonic appearances generally are by CourtCall, but the court also circulates the following conference number, which can accommodate up to 200 people and allow the equivalent of a public hearing by telephone: Dial In: 877-336-1839 Access Code: 8191201#Security Code: 200402# (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/16/2020)
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Filing 56
Order by Magistrate Judge Laurel Beeler granting #55 Stipulation to Stay Proceedings Pending Mediation and Vacate Further Case Management Dates and Deadlines to Facilitate Mediation. To avoid losing track of the case, the court resets the Further Case Management Conference previously set for 3/26/2020 to 4/2/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 3/26/2020. (ejkS, COURT STAFF) (Filed on 2/6/2020)
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Filing 55
STIPULATION WITH PROPOSED ORDER [Joint] to Stay Proceedings Pending Mediation and Vacate Further Case Management Dates and Deadlines filed by Bank of America Corporation. (Attachments: #1 Proposed Order)(Kim, Sylvia) (Filed on 2/6/2020)
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Filing 54
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 2/13/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/3/2020)
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Filing 53
UPDATED CASE MANAGEMENT SCHEDULING ORDER (JURY): Updated joint case management conference statement due 2/6/2020; Further Case Management Conference set for 2/13/2020 at 11:00 a.m.ADR completion date 7/2/2020.Last date to file motions for class certification 7/2/2020.Oppositions to motions for class certification 7/30/2020.Replies to motions for class certification 8/20/2020. Hearing date for motion for class certification 9/10/2020.Non-expert discovery due 12/10/2020.Expert disclosures due 11/11/2020; Rebuttals due 12/17/2020.Expert discovery due 1/28/2021.Last hearing date for dispositive motions and/or further case management conference: 4/1/2021 at 9:30 a.m./11:00 a.m.Meet and confer re pretrial filings due 5/14/2021.Pretrial filings due 5/20/2021; Oppositions, objections, exhibits, and depo designations due 5/27/2021.Final Pretrial Conference set for 6/10/2021 at 01:00 PM in Courtroom B, 15th Floor, San Francisco. Jury Selection set for 6/21/2021 at 8:30 AM. Jury Trial set for 6/21/2021 - 6/25/2021 at 08:30 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. The motion for class certification must be noticed for September 10, 2020 at 9:30 a.m., absent stipulation of the parties and further order of the court. As a calendaring device, the court sets case-management conferences on that day for 11:00 a.m. Signed by Judge Laurel Beeler on 11/25/2019. (ejkS, COURT STAFF) (Filed on 11/25/2019)
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Filing 52
Transcript of Proceedings of the official sound recording held on 11/07/19, before Magistrate Judge Laurel Beeler. FTR/Transcriber Echo Reporting, Inc., telephone number (858) 453-7590. Tape Number: FTR 9:56 - 11:00. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (126 in 3:18-cv-01983-LB) Transcript Order ) Redaction Request due 12/6/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/13/2020. (tgj, COURT STAFF) (Filed on 11/15/2019)
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Filing 51
CASE MANAGEMENT SCHEDULING ORDER (JURY):Updated joint case management conference statement due 3/5/2020; Further Case Management Conference set for 3/12/2020 at 11:00 a.m.ADR completion date 7/2/2020.Date to seek leave to add new parties or amend the pleadings: 2/3/2020. Non-expert discovery due 7/2/2020.Expert disclosures due 7/2/2020; Rebuttals due 8/6/2020.Expert discovery due 8/27/2020.Last hearing date for dispositive motions and/or further case management conference: 11/5/2020 at 9:30 a.m./11:00 a.m.Meet and confer re pretrial filings due 12/1/2020.Pretrial filings due 12/10/2020; Oppositions, objections, exhibits, and depo designations due 12/17/2020.Final Pretrial Conference set for 1/7/2021 at 01:00 PM in Courtroom B, 15th Floor, San Francisco. Jury Selection set for 1/18/2021 at 8:30 AM. Jury Trial set for 1/18/2021 - 1/22/2021 at 08:30 AM in Courtroom B, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler.The motion for class certification must be noticed for August 27, 2020 at 9:30 a.m., absent stipulation of the parties and further order of the court. As a calendaring device, the court sets case-management conferences on that day for 11:00 a.m. Signed by Judge Laurel Beeler on 11/7/2019. (ejkS, COURT STAFF) (Filed on 11/7/2019)
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Filing 50
Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held on 11/7/2019. Scheduling order to issue. (Not Reported). Plaintiff's Attorney (Phone): Tatiana Avakian. Defendant's Attorney: Sylvia Kim. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 11/7/2019)
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Filing 49
Order by Magistrate Judge Laurel Beeler granting #48 Motion to Appear by Telephone. Parties are to make arrangements through CourtCall. (ejkS, COURT STAFF) (Filed on 11/5/2019)
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Filing 48
MOTION to Appear by Telephone filed by Miguel Mendoza. (Attachments: #1 Proposed Order Granting Plaintiff's Request to Appear by Telephone)(Avakian, Tatiana) (Filed on 11/4/2019)
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Filing 47
Defendant's ANSWER to Amended Complaint (Second Amended Class Action) byBank of America Corporation. (Kim, Sylvia) (Filed on 11/4/2019)
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Filing 46
JOINT CASE MANAGEMENT STATEMENT filed by Bank of America Corporation. (Kim, Sylvia) (Filed on 10/31/2019)
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Filing 45
Certificate of Interested Entities by Miguel Mendoza identifying Other Affiliate Bank of America Corporation for Miguel Mendoza. (Avakian, Tatiana) (Filed on 10/30/2019)
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Filing 44
NOTICE by Bank of America Corporation of Withdrawal of Counsel Sean Sullivan (Kim, Sylvia) (Filed on 10/24/2019)
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Filing 43
AMENDED COMPLAINT Second Amended Complaint against Bank of America Corporation. Filed byMiguel Mendoza. (Attachments: #1 Exhibit A - Blackline of Second Amended Complaint)(Avakian, Tatiana) (Filed on 10/21/2019)
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Filing 42
CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 11/7/2019 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/17/2019)
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Filing 41
Order by Magistrate Judge Laurel Beeler granting #40 Stipulation to Continue Case Management Conference and Related Deadlines and to Continue Filing Deadline for Second Amended Complaint.Deadline for Plaintiff to file Second Amended Complaint is extended to 10/21/2019. Initial Case Management Conference previously set for 9/26/2019 is reset to 11/7/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 10/31/2019. (ejkS, COURT STAFF) (Filed on 9/19/2019)
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Filing 40
STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Related Deadlines and to Continue Filing Deadline for Second Amended Complaint filed by Miguel Mendoza. (Attachments: #1 Proposed Order Approving Joint Stipulation to Continue Case Management Conference and Related Deadlines and to Continue Filing Deadline for Second Amended Complaint)(Avakian, Tatiana) (Filed on 9/18/2019)
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Filing 39
ORDER granting in part and denying in part #30 Motion to Dismiss.In the attached order, the court grants Bank of America's motion to dismiss claims one through five and denies the motion to dismiss claims six and seven. The dismissal is without prejudice, and Mr. Mendoza may file an amended complaint within 21 days. Any amended complaint must attach a blackline of the new amended complaint against the First Amended Complaint. The court dismisses the claim for injunctive relief with prejudice. (Beeler, Laurel) (Filed on 8/30/2019)
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Filing 38
CLERK'S NOTICE REGARDING FIRST AMENDED COMPLAINT. The court notes that the plaintiff did not file the his amended complaint as a standalone docket entry (after receiving the court's leave to amend). The parties are treating the attachment to the joint stipulation for leave to amend, ECF No. 18-1, as the operative complaint, see ECF No. 26. The court confirms for the record that it will treat ECF No. 18-1 as the operative First Amended Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1S, COURT STAFF) (Filed on 8/23/2019)
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Filing 37
CLERK'S NOTICE VACATING MOTION HEARING: The Motion Hearing, which has been noticed for Thursday, August 29, 2019, will be decided on papers submitted without oral argument. Accordingly, the hearing is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 8/23/2019)
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Filing 36
REPLY (re #30 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P 12(b)(6) and/or 12(f) ) filed byBank of America Corporation. (Kane, Matthew) (Filed on 8/15/2019)
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Filing 35
Certificate of Interested Entities by Bank of America Corporation identifying Corporate Parent NB Holdings Corporation, Corporate Parent BAC North America Holding Company, Corporate Parent BANA Holding Corporation, Corporate Parent Bank of America Corporation for Bank of America Corporation. (Supplemental) (Li, Ashley) (Filed on 8/15/2019)
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Filing 34
OPPOSITION/RESPONSE (re #30 MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P 12(b)(6) and/or 12(f) ) filed byMiguel Mendoza. (Attachments: #1 Declaration of Tatiana G. Avakian, Esq. ISO Plaintiff's Opposition to Defendant's Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint, #2 Exhibit 1 to Declaration of Tatiana G. Avakian, Esq., #3 Exhibit 2 to Declaration of Tatiana G. Avakian, Esq.)(Avakian, Tatiana) (Filed on 8/8/2019)
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Filing 33
Order by Magistrate Judge Laurel Beeler granting #32 Joint Stipulation to Continue Case Management Conference and Related Deadlines. Initial Case Management Conference previously set for 8/8/2019 is reset to 9/26/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 9/19/2019. (ejkS, COURT STAFF) (Filed on 7/29/2019)
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Filing 32
STIPULATION WITH PROPOSED ORDER to Continue Case Management Conference and Related Deadlines filed by Miguel Mendoza. (Attachments: #1 Proposed Order Granting Stipulation to Continue CMS and Related Deadlines)(Avakian, Tatiana) (Filed on 7/26/2019)
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Filing 31
Order by Magistrate Judge Laurel Beeler granting #28 Stipulation selecting Private ADR. (ejkS, COURT STAFF) (Filed on 7/26/2019)
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Filing 30
MOTION to Dismiss and/or Strike First Amended Complaint Pursuant to Fed. R. Civ. P 12(b)(6) and/or 12(f) filed by Bank of America Corporation. Motion Hearing set for 8/29/2019 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 8/8/2019. Replies due by 8/15/2019. (Attachments: #1 Proposed Order)(Kane, Matthew) (Filed on 7/25/2019)
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Filing 29
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options Plaintiff's ADR Certification (Avakian, Tatiana) (Filed on 7/25/2019)
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Filing 28
STIPULATION and Proposed Order selecting Private ADR by Bank of America Corporation filed by Bank of America Corporation. (Kim, Sylvia) (Filed on 7/25/2019)
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Filing 27
ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmfS, COURT STAFF) (Filed on 7/23/2019)
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Filing 26
Order by Magistrate Judge Laurel Beeler granting #24 Joint Stipulation to Extend Time To Respond to First Amended Complaint. Deadline for Defendant to respond to Plaintiff's First Amended Complaint is extended to 7/25/2019. (ejkS, COURT STAFF) (Filed on 7/10/2019)
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Filing 25
NOTICE of Appearance by Tatiana G. Avakian (Avakian, Tatiana) (Filed on 7/9/2019)
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Filing 24
STIPULATION WITH PROPOSED ORDER Granting Joint Stipulation to Extend Time to Respond to First Amended Complaint [DKT. #18-1,20] filed by Bank of America Corporation. (Attachments: #1 Proposed Order)(Kim, Sylvia) (Filed on 7/9/2019)
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Filing 21
Order by Magistrate Judge Laurel Beeler granting #19 Motion for Extension of Time to File. The court has terminated the pending motion to dismiss as moot because the parties have agreed that the plaintiffs may file an amended complaint.(ejkS, COURT STAFF) (Filed on 6/11/2019)
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Filing 20
Order by Magistrate Judge Laurel Beeler granting #18 Joint Stipulation for Leave to Permit Plaintiff to File First Amended Complaint and to Extend Time for Defendant to File its Responsive Pleading Thereto. (ejkS, COURT STAFF) (Filed on 6/11/2019)
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| Filing 19 MOTION for Extension of Time to File Statement of Non-Opposition filed by Miguel Mendoza. (Attachments: #1 Declaration of Bradley R. Fagnani, Esq. in Support of Plaintiff's Motion for Extension of Time to File Statement of Non-Opposition, #2 Exhibit A to Declaration of Bradley R. Fagnani, Esq., #3 Exhibit B to Declaration of Bradley R. Fagnani, Esq., #4 Exhibit C to Declaration of Bradley R. Fagnani, Esq., #5 Proposed Order Granting Plaintiff's Motion for Extension of Time to File Statement of Non-Opposition)(Fagnani, Bradley) (Filed on 6/10/2019) |
| Filing 18 JOINT STIPULATION AND [PROPOSED] ORDER for Leave to Permit Plaintiff to File First Amended Complaint and to Extend Time for Defendant to File its Responsive Pleading Thereto filed by Miguel Mendoza. (Attachments: #1 Exhibit A to Joint Stipulation for Leave to Permit Plaintiff to File First Amended Complaint and to Extend Time for Defendant to File Its Responsive Pleading Thereto, #2 Proposed Order Approving Joint Stipulation for Leave to Permit Plaintiff to File First Amended Complaint and to Extend Time for Defendant to File Its Responsive Pleading Thereto)(Fagnani, Bradley) (Filed on 6/10/2019) |
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Filing 23
ORDER RELATING CASE. The court finds that the cases are related C18-1202 and C19-2491. Signed by Judge Laurel Beeler on 06/07/2019. (ejkS, COURT STAFF) (Filed on 6/7/2019)
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Filing 22
ORDER RELATING CASE. The court finds that the cases are related C18-1983 and C19-2491. Signed by Judge Laurel Beeler on 06/07/2019. (ejkS, COURT STAFF) (Filed on 6/7/2019)
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| Filing 17 CLERK'S NOTICE. The plaintiff's opposition to the defendant's motion to dismiss was due 14 days after the motion was filed, i.e., 5/29/2019. N.D. Cal. Civ. L.R. 7-3(a). The plaintiff did not file an opposition. The plaintiff also had 21 days, i.e., until 6/5/2019, to amend his complaint once as a matter of course. Fed. R. Civ. P. 15(a)(1)(B). The plaintiff did not do so. The court directs the plaintiff to file, by 6/10/2019, a motion for extension of time explaining why he did not timely file an opposition together with a proposed opposition, or a statement of non-opposition. If the plaintiff does not comply, the court may grant the defendant's motion to dismiss without further notice for the plaintiff's failure to oppose. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1S, COURT STAFF) (Filed on 6/6/2019) |
| Filing 16 NOTICE by Bank of America Corporation of Lodging of Defendant's Motion to Consider Whether Cases Should Be Related (Frausto) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kim, Sylvia) (Filed on 6/3/2019) |
| Filing 15 NOTICE by Bank of America Corporation of Lodging of Defendant's Motion to Consider Whether Cases Should Be Related (Suarez) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kim, Sylvia) (Filed on 6/3/2019) |
| Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Miguel Mendoza.. (Fagnani, Bradley) (Filed on 5/22/2019) |
| Filing 13 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. 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. Consent/Declination due by 5/23/2019. (ejkS, COURT STAFF) (Filed on 5/16/2019) |
| Filing 12 MOTION to Dismiss and/or Strike Complaint Pursuant to Fed.R.Civ.P. 12(b)(6) and/or 12(f) filed by Bank of America Corporation. Motion Hearing set for 6/27/2019 09:30 AM before Magistrate Judge Laurel Beeler. Responses due by 5/29/2019. Replies due by 6/5/2019. (Attachments: #(1) [Proposed] Order)(Kane, Matthew) (Filed on 5/15/2019) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bank of America Corporation.. (Kane, Matthew) (Filed on 5/15/2019) |
| Filing 10 NOTICE of Appearance by Sean M. Sullivan (Sullivan, Sean) (Filed on 5/15/2019) |
| Filing 9 NOTICE of Appearance by Ashley Robinson Li (Li, Ashley) (Filed on 5/15/2019) |
| Filing 8 NOTICE of Appearance by Sylvia Jihae Kim (Kim, Sylvia) (Filed on 5/15/2019) |
| Filing 7 NOTICE by Bank of America Corporation re #1 Notice of Removal, SUPPLEMENT TO NOTICE OF REMOVAL OF CIVIL ACTION FROM STATE COURT (Kane, Matthew) (Filed on 5/10/2019) |
| Filing 6 CERTIFICATE OF SERVICE by Bank of America Corporation of New Case Documents (Kane, Matthew) (Filed on 5/9/2019) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: This case may fall within the Pilot Program for Initial Discovery Protocols for Employment Cases Alleging Adverse Action. See #General Order 71. Parties and Counsel are directed to review General Order 71 to determine whether it applies to this case, and to comply with that General Order if applicable. Case Management Statement due by 8/ 1/2019. Initial Case Management Conference set for 8/8/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 5/9/2019) |
| Filing 4 Case assigned to Magistrate Judge Laurel Beeler. 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 5/22/2019. (ajsS, COURT STAFF) (Filed on 5/8/2019) |
| Filing 3 NOTICE by Bank of America Corporation of Pendency of Other Action or Proceedings (Kane, Matthew) (Filed on 5/8/2019) |
| Filing 2 Certificate of Interested Entities by Bank of America Corporation identifying Other Affiliate Bank of America, N.A., Other Affiliate NB Holdings Corporation, Other Affiliate BANA Holding Corporation for Bank of America Corporation. re #1 Notice of Removal, (Kane, Matthew) (Filed on 5/8/2019) |
| Filing 1 NOTICE OF REMOVAL from Contra Costa Superior Court. Their case number is C19-00575. (Filing fee $400 receipt number 0971-13329382). Filed byBank of America Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Civil Cover Sheet)(Kane, Matthew) (Filed on 5/8/2019) |
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