Walker et al v. Bayview Loan Servicing, LLC
| Leslie Edward Walker and Elahe S. Walker |
| Bayview Loan Servicing, LLC and Bank of America, N.A. |
| 3:2020cv02944 |
| April 29, 2020 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 28 AMENDED COMPLAINT against All Defendants. Filed byLeslie Edward Walker. (Attachments: #1 Supplement)(Smart, David) (Filed on 6/25/2020) |
| Filing 27 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Initial Case Management Conference set for 7/30/2020 at 11:00 AM is reset to 9:30 AM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/24/2020) |
Filing 26
ORDER terminating #22 Motion to Dismiss.The court terminates the motion to dismiss. At the hearing on the related motion to dismiss, the court allowed the plaintiffs to amend, and the contemplated process was that the amendment process mooted the second motion. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 6/24/2020)
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Filing 25
ORDER granting #9 Motion to Dismiss.In the attached order, the court grants the motion to dismiss. The plaintiffs may file an amended complaint by June 25, 2020. (Beeler, Laurel) (Filed on 6/11/2020)
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| Filing 24 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Motion Hearing held via Zoom Webinar on 6/11/2020. Matter is argued, submitted and taken under submission. Court to issue order. Total Time in Court: 22 minutes. Court Reporter: Marla Knox. Plaintiff's Attorney: David Smart. Defendants' Attorneys: Raja Abdel Hafed and Eleanor Roman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 6/11/2020) |
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Filing 23
ORDER.The parties must be prepared to discuss jurisdiction tomorrow (and the court would appreciate Bank of America's attendance too because it implicates its motion). Bayview asserted both federal-question and diversity jurisdiction (and bears the burden on removal). For federal-question jurisdiction, it asserts that the negligence claim, predicated on Cal. Evid. Code 669(a), rests on RESPA and TILA violations, but the three cases it cites in the notice of removal all involve violations of federal statutes. For diversity jurisdiction, the parties are diverse, but the amount in controversy (presumably predicated on the $58,186 in interest) does not necessarily exceed $75,000. The plaintiffs ask for fees in the complaint for the breach-of-contract and negligence claims, but do not specify the legal ground for the ask. Possibly the fourth claim for intentional infliction of emotional distress clears the $75,000 hurdle but the parties need to at least address the issue. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 6/10/2020)
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| Filing 22 MOTION to Dismiss Complaint filed by Bank of America, N.A.. Motion Hearing set for 7/16/2020 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 6/19/2020. Replies due by 6/26/2020. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Roman, Eleanor) (Filed on 6/5/2020) |
| Filing 21 CLERKS NOTICE SETTING ZOOM HEARING FOR MOTION HEARING SET FOR 6/11/2020. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/ This proceeding will be a Zoom video conferencing webinar. Pre-registration by counsel with the clerk in advance of the hearing must be done by sending a list of names of participating counsel to lbcrd@cand.uscourts.gov no later than noon on Wednesday, June 10, 2020. All counsel, members of the public and press please click the link or use the information below to join the webinar:https://us02web.zoom.us/j/82197984689?pwd=bHo2WlRxVlhBRVBKalVhazl5UEVEQT09Meeting ID: 821 9798 4689Password: 839178Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see #https://www.cand.uscourts.gov/zoom/. (Related documents(s) #9 ) (This is a text-only entry generated by the court. There is no document associated with t his entry.) (ejkS, COURT STAFF) (Filed on 6/4/2020) |
| Filing 20 REPLY (re #9 MOTION to Dismiss ) filed byBayview Loan Servicing, LLC. (Hafed, Raja) (Filed on 5/27/2020) |
| Filing 19 STIPULATION of Plaintiffs and Bank of America, N.A. for Extension of Time for Bank of America, N.A. to Respond to Complaint up to and including June 5, 2020 L.R. 6-1(a) filed by Bank of America, N.A.. (Roman, Eleanor) (Filed on 5/21/2020) |
| Filing 18 OPPOSITION/RESPONSE (re #9 MOTION to Dismiss ) filed byLeslie Edward Walker. (Smart, David) (Filed on 5/20/2020) |
| Filing 17 NOTICE by Bank of America, N.A. OF LODGING OF FILE ENDORSED DEMURRER PLEADINGS (Roman, Eleanor) (Filed on 5/18/2020) |
| Filing 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bank of America, N.A... (Roman, Eleanor) (Filed on 5/18/2020) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Leslie Edward Walker.. (Smart, David) (Filed on 5/13/2020) |
| Filing 14 CLERK'S NOTICE Re: Consent or Declination: Defendant Bank of America, N.A. 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 5/18/2020. (ejkS, COURT STAFF) (Filed on 5/11/2020) |
| Filing 13 Corporate Disclosure Statement by Bank of America, N.A. (Roman, Eleanor) (Filed on 5/8/2020) |
| Filing 12 Joinder re #1 Notice of Removal, by Bank of America, N.A.. (Attachments: #1 Declaration of Eleanor M. Roman In Support of Defendant, Bank of America, N.A.s Notice of Joinder In Removal, #2 Request for Judicial Notice In Support of Defendant, Bank of America, N.A.s Notice of Joinder In Removal, #3 Proof of Service)(Roman, Eleanor) (Filed on 5/8/2020) |
| Filing 11 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 5/13/2020. (ejkS, COURT STAFF) (Filed on 5/6/2020) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bayview Loan Servicing, LLC.. (Attachments: #1 Certificate/Proof of Service)(Hafed, Raja) (Filed on 5/6/2020) |
| Filing 9 MOTION to Dismiss filed by Bayview Loan Servicing, LLC. Motion Hearing set for 6/11/2020 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 5/20/2020. Replies due by 5/27/2020. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order, #3 Certificate/Proof of Service)(Hafed, Raja) (Filed on 5/6/2020) |
| Filing 8 CERTIFICATE OF SERVICE by Bayview Loan Servicing, LLC re #7 Initial Case Management Scheduling Order with ADR Deadlines, and Brochure on Consenting to Jurisdiction of a Magistrate Judge (Hafed, Raja) (Filed on 5/4/2020) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/23/2020. Initial Case Management Conference set for 7/30/2020 11:00 AM in San Francisco, Courtroom B, 15th Floor. (elyS, COURT STAFF) (Filed on 5/1/2020) |
| Filing 6 Corporate Disclosure Statement by Bayview Loan Servicing, LLC identifying Corporate Parent Bayview Loan Servicing LLC for Bayview Loan Servicing, LLC. (Attachments: #1 Certificate/Proof of Service)(Hafed, Raja) (Filed on 4/30/2020) |
| Filing 5 Certificate of Interested Entities by Bayview Loan Servicing, LLC identifying Corporate Parent Bayview Loan Servicing LLC for Bayview Loan Servicing, LLC. (Attachments: #1 Certificate/Proof of Service)(Hafed, Raja) (Filed on 4/30/2020) |
| Filing 4 CERTIFICATE OF SERVICE by Bayview Loan Servicing, LLC re 2 Case Assigned by Intake,,, Service of Judge's Standing Orders on Plaintiffs' Counsel (Hafed, Raja) (Filed on 4/30/2020) |
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Filing 3
NOTICE AND ORDER: The attached notice and order notifies the plaintiff of resources available, attaches the district's handbook for litigants who do not have a lawyer, includes a flyer for contacting the court's help desk and instructs the plaintiff about serving the defendants. Signed by Judge Laurel Beeler on 04/29/2020. (Attachments: #1 Certificate/Proof of Service, #2 Self Help Flyer, #3 Pro Se Handbook)(ejkS, COURT STAFF) (Filed on 4/29/2020)
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| Filing 2 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 5/13/2020. (bwS, COURT STAFF) (Filed on 4/29/2020) |
| Filing 1 NOTICE OF REMOVAL from Contra Costa County Superior. Their case number is C20-00137. (Filing fee $400 receipt number 0971-14421808). Filed byBayview Loan Servicing, LLC. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Declaration, #4 Certificate/Proof of Service)(Hafed, Raja) (Filed on 4/29/2020) |
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