McGraw Funding LLC v Kyte
| McGraw Funding LLC |
| Christopher Kyte |
| 3:2020cv03015 |
| May 1, 2020 |
| US District Court for the Northern District of California |
| Joseph C Spero |
| Negotiable Instrument |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| None |
Docket Report
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This docket was last retrieved on January 14, 2021. A more recent docket listing may be available from PACER.
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| Filing 28 NOTICE of Dismissal by McGraw Funding LLC re #1 Complaint. Dismissal without Prejudice (Voisenat, Phyllis) (Filed on 1/14/2021) Modified on 1/14/2021 (arkS, COURT STAFF). |
Filing 27
ORDER by Chief Magistrate Judge Joseph C. Spero GRANTING #26 request to withdraw #22 Motion for Default Judgment and GRANTING leave to file an amended complaint. (jcslc4, COURT STAFF) (Filed on 12/21/2020)
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| Filing 26 Supplemental Response (re #22 MOTION for Default Judgment by the Court as to Christopher Kyte ) filed by McGraw Funding LLC. (Voisenat, Phyllis) (Filed on 12/21/2020) Modified on 12/21/2020 (arkS, COURT STAFF). |
| Filing 25 CLERK'S NOTICE. Vacating Further Case Management Conference set for 12/11/2020 at 2:00 PM. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Filed on 12/9/2020) |
| Filing 24 TRANSCRIPT ORDER for proceedings held on 11/20/2020 before Magistrate Judge Joseph C. Spero by McGraw Funding LLC, for Court Reporter Katherine Sullivan. (Voisenat, Phyllis) (Filed on 11/20/2020) |
| Filing 23 Minute Entry for Zoom proceedings held before Chief Magistrate Judge Joseph C. Spero: Motion Hearing held on 11/20/2020 re #22 MOTION for Default Judgment by the Court as to Christopher Kyte filed by McGraw Funding LLC. Supplemental briefing and materials due thirty (30) days from today. Upon the filing of the supplemental materials, the motion will be under submission. Total Time in Court: 14 M. Court Reporter: Katherine Sullivan. Plaintiff Attorney: Phyllis Voisenat. Defendant Attorney: No Appearance.(klhS, COURT STAFF) (Date Filed: 11/20/2020) |
| Filing 22 MOTION for Default Judgment by the Court as to Christopher Kyte filed by McGraw Funding LLC. Motion Hearing set for 11/20/2020 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 10/19/2020. Replies due by 10/26/2020. (Attachments: #1 Declaration Phyllis Voisenat, #2 Declaration John Kozey, #3 Proposed Order OAH)(Voisenat, Phyllis) (Filed on 10/3/2020) |
| Filing 21 Minute Entry for ZOOM proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 9/18/2020. Motion For Default Judgment due by 10/2/2020. Further Case Management Conference set for 12/11/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. This date will be continued to the hearing date on the Motion for Default Judgment. 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/jcs General Order 58. Persons granted access to court proceedings held by telephone or vi deoconference 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/. Motion For Default Judgment due by 10/2/2020. Further Case Management Conference set for 12/11/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. This date will be continued to the hearing date on the Motion for Default Judgment. FTR Time: Not Reported. Plaintiff Attorney: Phyllis Voisenat. Defendant Attorney: No Appearance. (klhS, COURT STAFF) (Date Filed: 9/21/2020) |
| Filing 20 CASE MANAGEMENT STATEMENT filed by McGraw Funding LLC. (Voisenat, Phyllis) (Filed on 9/10/2020) |
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Filing 19
ORDER DISCHARGING ORDER TO SHOW CASE AND CONTINUING INITIAL CASE MANAGEMENT CONFERNECE. Case Management Statement due by 9/11/2020. Initial Case Management Conference set for 9/18/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to JCSCRD@CAND.USCOURTS.GOV by no later than 09/14/2020 at 3:00 PM PDT. PLEASE NOTE: 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. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial 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.uscour ts.gov/zoom/. Case Management Statement due by 9/11/2020. Initial Case Management Conference set for 9/18/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. Signed by Chief Magistrate Judge Joseph C. Spero on 8/12/2020. (klhS, COURT STAFF) (Filed on 8/12/2020)
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| Filing 18 CASE MANAGEMENT STATEMENT OSC Response, Request to Continue All filed by McGraw Funding LLC. (Voisenat, Phyllis) (Filed on 8/10/2020) |
| Filing 17 Clerk's ENTRY OF DEFAULT as to Christopher Kyte. (This is a text-only entry generated by the court. There is no document associated with this entry.) (arkS, COURT STAFF) (Filed on 8/5/2020) |
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Filing 16
ORDER TO SHOW CAUSE. Order to Show Cause Hearing set for 8/14/2020 02:00 PM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to jcscrd@cand.uscourts.gov by no later than << October 19, 2020 by 3:00 PM PDT . PLEASE NOTE: 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. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial 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/. Order to Show Cause Hearing set for 8/14/2020 02:00 PM. Signed by Chief Magistrate Judge Joseph C. Spero on 8/3/2020. (klhS, COURT STAFF) (Filed on 8/3/2020)
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| Filing 15 Minute Entry for Zoom proceedings held before Magistrate Judge Joseph C. Spero: Initial Case Management Conference NOT held on 7/31/2020. Status Conference held on 8/3/2020. Order to Show Cause to issue. Show Cause Hearing and Initial Case Management Conference set for 8/14/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to jcscrd@cand.uscourts.gov by no later than Monday, August 10, 2020, by 3:00 PM PDT . PLEASE NOTE: 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. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial 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/.Show Cause Hearing and Initial Case Management Conference set for 8/14/2020 02:00 PM in San Francisco, Cour troom F, 15th Floor.FTR Time: Not Reported. Plaintiff Attorney: No Appearance. Defendant Attorney: No Appearance. (klhS, COURT STAFF) (Date Filed: 8/3/2020) |
| Filing 14 CLERK'S NOTICE SETTING ZOOM HEARING. (This is a text-only entry generated by the court. There is no document associated with this entry.). Initial Case Management Conference set for 7/31/2020 02:00 PM will be held by ZOOM. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL IS REQUIRED and must be done by emailing a list of names and emails of counsel who will be participating in the hearing to jcscrd@cand.uscourts.gov by no later than July 27, 2020 by 3:00 PM PDT. PLEASE NOTE: 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. See General Order 58 at Paragraph III.Case participants may also receive an email invitation from the court with different information which should be followed.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1619260804?pwd=RE5qWDhGOTdWWTZUOFlOKzhNc3pjZz09Meeting ID: 161 926 0804Password: 050855Dial 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.uscourt s.gov/zoom/. (klhS, COURT STAFF) (Filed on 7/22/2020) |
| Filing 13 Clerk's DECLINATION OF DEFAULT as to Christopher Kyte. Service under California Code of Civil Procedures 415.20 not complete. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #12 )(arkS, COURT STAFF) (Filed on 6/26/2020) Modified on 6/29/2020 (arkS, COURT STAFF). |
| Filing 12 MOTION for Entry of Default filed by McGraw Funding LLC. (Voisenat, Phyllis) (Filed on 6/24/2020) |
| Filing 11 SUMMONS Returned Executed by McGraw Funding LLC. Christopher Kyte served on 5/21/2020, answer due 6/11/2020. (Voisenat, Phyllis) (Filed on 6/24/2020) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by McGraw Funding LLC.. (Voisenat, Phyllis) (Filed on 6/5/2020) |
| Filing 9 NOTICE by McGraw Funding LLC Consent to Magistrate Jurisdiction (Voisenat, Phyllis) (Filed on 6/5/2020) |
| #Electronic filing error. Incorrect event used. [err101]This filing will not be processed by the clerks office.Please re-file in its entirety. Re: #9 Notice (Other) filed by McG raw Funding LLC (arkS, COURT STAFF) (Filed on 6/5/2020) |
| Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 6/2/2020. (klhS, COURT STAFF) (Filed on 5/19/2020) |
| Filing 7 Summons Issued as to Christopher Kyte. (arkS, COURT STAFF) (Filed on 5/6/2020) |
| Filing 6 Proposed Summons. (Voisenat, Phyllis) (Filed on 5/6/2020) |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/24/2020. Initial Case Management Conference set for 7/31/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (arkS, COURT STAFF) (Filed on 5/4/2020) |
| #Electronic filing error. This filing will not be processed by the clerks office. Please re-file summons without doe defendants listed. Re: #2 Proposed Summons filed by McGraw F unding LLC (arkS, COURT STAFF) (Filed on 5/4/2020) |
| Filing 4 Case assigned to Magistrate Judge Joseph C. Spero. 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 5/15/2020. (haS, COURT STAFF) (Filed on 5/1/2020) |
| Filing 3 Notice of Additional Parties: the following parties are listed on #1 Complaint and have been added to this case: Christopher Kyte. (This is a text-only entry.) (Voisenat, Phyllis) (Filed on 5/1/2020) |
| Filing 2 Proposed Summons. (Voisenat-Rafter, Phyllis) (Filed on 5/1/2020) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 400, receipt number 0971-14429956.). Filed byMcGraw Funding LLC. (Attachments: #1 Civil Cover Sheet)(Voisenat-Rafter, Phyllis) (Filed on 5/1/2020) |
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| Plaintiff: McGraw Funding LLC | |
| Represented By: | Phyllis Voisenat |
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| Defendant: Christopher Kyte | |
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