Drakeford et al v. Capital Benefit, Inc. et al
| Reginald Drakeford and Rhonda Drakeford |
| Marcel Breutsch, Richard Westin, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Capital Benefit, Inc. and Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999 |
| 3:2020cv04161 |
| June 24, 2020 |
| US District Court for the Northern District of California |
| William H Orrick |
| Donna M Ryu |
| Truth in Lending |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 ANSWER TO COUNTERCLAIM #22 Answer to Complaint,, Counterclaim, byReginald Drakeford, Rhonda Drakeford. (Fredman, Peter) (Filed on 8/19/2020) |
| Filing 27 NOTICE OF TELEPHONIC SCHEDULING CONFERENCE FOR SETTLEMENT CONFERENCE. Telephonic Scheduling Conference set for 8/27/2020 09:00 AM in San Francisco, Chambers before Magistrate Judge Sallie Kim. Signed by Magistrate Judge Sallie Kim on 8/17/2020. (mklS, COURT STAFF) (Filed on 8/17/2020) |
| CASE REFERRED to Magistrate Judge Sallie Kim for Settlement (ahm, COURT STAFF) (Filed on 8/14/2020) |
| Filing 26 Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 8/13/2020. CASE REFERRED to Magistrate Judge (random) for Settlement Conference. The #20 Motion for Preliminary Injunction is granted. Close of Fact Discovery: 11/16/2020. Dispositive Motions to be heard by 12/2/2020. Pretrial Conference set for 1/4/2021 02:00 PM and Jury Trial set for 1/25/2021 08:30 AM. both in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Total Time in Court: 15 minutes. Court Reporter: Katherine Sullivan. Plaintiff Attorney: Peter B. Fredman. Defendant Attorney: Jason Edward Goldstein. (jmdS, COURT STAFF) (Date Filed: 8/13/2020) |
| Filing 25 NOTICE of Lis Pendens by Peter B. Fredman (Fredman, Peter) (Filed on 8/11/2020) |
| Filing 24 CLERKS NOTICE SETTING ZOOM HEARING - The Motion Hearing set for 8/12/2020 02:00 PM before Judge William H. Orrick will be a Zoom video conferencing webinar. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/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.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/1611812513?pwd=anFJWCtUaHVhY2RYLzNtVDMxU3NVQT09Meeting ID: 161 181 2513Password: 478314Dial 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 8/10/2020) |
| Filing 23 REPLY (re #20 MOTION for Preliminary Injunction ) filed byReginald Drakeford, Rhonda Drakeford. (Attachments: #1 Reply Declaration of Reginald and Rhonda Drakeford)(Fredman, Peter) (Filed on 8/3/2020) Modified on 8/3/2020 (mclS, COURT STAFF). |
| Filing 22 ANSWER to Complaint with Jury Demand , COUNTERCLAIM against Reginald Drakeford, Rhonda Drakeford byWaltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999. (Attachments: #1 Exhibit 1 - 12)(Goldstein, Jason) (Filed on 7/29/2020) |
| #Electronic filing error. Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings. Re:[2 1] Opposition/Response to Motion, filed by Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin. (mclS, COURT STAFF) (Filed on 7/28/2020) |
| Filing 21 OPPOSITION/RESPONSE (re #20 MOTION for Preliminary Injunction ) filed byMarcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin. (Attachments: #1 Declaration of Marcel Bruetsch, #2Exhibits to Declaration of Marcel Bruetsch, #3 Declaration of Jason Goldstein, #4 Exhibits to Declaration of Jason Goldstein, #5 Declaration of Fred Mayer, #6 Exhibits to Declaration of Fred Mayer, #7 Objections to Plaintiffs' Declaration, #8 Objections to Declaration of Plaintiffs' Counsel)(Goldstein, Jason) (Filed on 7/27/2020) Modified on 7/28/2020 (mclS, COURT STAFF). |
| Filing 20 MOTION for Preliminary Injunction filed by Reginald Drakeford, Rhonda Drakeford. Motion Hearing set for 8/12/2020 02:00 PM before Judge William H. Orrick. Responses due by 7/27/2020. Replies due by 8/3/2020. (Attachments: #1 Declaration of Reginald and Rhonda Drakeford, #2 Declaration of Peter Fredman, #3 Exhibit Ex. 1 to Fredman Decl., #4 Exhibit Ex. 2 to Fredman Decl., #5 Exhibit Ex. 3 to Fredman Decl.)(Fredman, Peter) (Filed on 7/11/2020) Modified on 7/13/2020 (mclS, COURT STAFF). |
Filing 19
Order by Judge Jeffrey S. White (as Duty Judge) granting #8 Ex Parte Application STAYING Foreclosure. Motion for a preliminary injunction due by 7/13/2020. Responses due by 7/27/2020. Reply due by 8/3/2020. Preliminary Injunction Hearing set for 8/12/2020 02:00 PM.(wholc3, COURT STAFF) (Filed on 6/30/2020)
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| Filing 18 AMENDED DOCUMENT by Marcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin. Amendment to #17 Declaration in Opposition,, . (Goldstein, Jason) (Filed on 6/30/2020) |
| #Electronic filing error. Judge name or initials are incorrect. Counsel need not re-file the document, but should reference the correct judge name/initials on future filings. Re: #13 Opposition/Response to Motion, filed by Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin, #15 Objection, filed by Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin, #17 Declaration in Opposition,, filed by Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin, #16 Declaration in Opposition,, filed by Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin, #18 Amended Document, filed by Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin, #14 Objection, filed by Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin. (mclS, COURT STAFF) (Filed on 6/30/2020) |
| Filing 17 DECLARATION of Jason E. Goldstein in Opposition to #8 Ex Parte Application for TRO/OSC to Enjoin Non-Judicial Foreclosure Scheduled for July 2, 2020 filed byMarcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin. (Attachments: #1 Exhibit 1)(Related document(s) #8 ) (Goldstein, Jason) (Filed on 6/29/2020) |
| Filing 16 DECLARATION of Marcel Breutsch in Opposition to #8 Ex Parte Application for TRO/OSC to Enjoin Non-Judicial Foreclosure Scheduled for July 2, 2020 filed byMarcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin. (Attachments: #1 Errata 1 - 12)(Related document(s) #8 ) (Goldstein, Jason) (Filed on 6/29/2020) |
| Filing 15 OBJECTIONS to re #8 Ex Parte Application for TRO/OSC to Enjoin Non-Judicial Foreclosure Scheduled for July 2, 2020 by Marcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin. (Goldstein, Jason) (Filed on 6/29/2020) |
| Filing 14 OBJECTIONS to re #8 Ex Parte Application for TRO/OSC to Enjoin Non-Judicial Foreclosure Scheduled for July 2, 2020 by Marcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin. (Goldstein, Jason) (Filed on 6/29/2020) |
| Filing 13 OPPOSITION/RESPONSE (re #8 Ex Parte Application for TRO/OSC to Enjoin Non-Judicial Foreclosure Scheduled for July 2, 2020 ) filed byMarcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin. (Attachments: #1 Proposed Order)(Goldstein, Jason) (Filed on 6/29/2020) |
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Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 6/26/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 6/26/2020)
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| Filing 11 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. (napS, COURT STAFF) (Filed on 6/26/2020) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Marcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin.. (Goldstein, Jason) (Filed on 6/26/2020) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Reginald Drakeford, Rhonda Drakeford.. (Fredman, Peter) (Filed on 6/25/2020) |
| Filing 8 Ex Parte Application for TRO/OSC to Enjoin Non-Judicial Foreclosure Scheduled for July 2, 2020 filed by Reginald Drakeford, Rhonda Drakeford. (Attachments: #1 Declaration Declaration of Reginald and Rhonda Drakeford, #2 Declaration Declaration of Peter Fredman, Esq., #3 Exhibit Exhibit 1 to Fredman Declaration, #4 Exhibit Exhibit 2 to Fredman Declaration, #5 Proposed Order Proposed Order Granting TRO/OSC)(Fredman, Peter) (Filed on 6/25/2020) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/23/2020. Initial Case Management Conference set for 9/30/2020 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 6/25/2020) |
| Filing 6 NOTICE of Appearance by Pamela Dawn Simmons (Simmons, Pamela) (Filed on 6/24/2020) |
| Filing 5 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 7/8/2020. (ajsS, COURT STAFF) (Filed on 6/24/2020) |
| Filing 4 NOTICE of Appearance by Peter B. Fredman (Fredman, Peter) (Filed on 6/24/2020) |
| Filing 3 NOTICE of Appearance by Jason Edward Goldstein (Goldstein, Jason) (Filed on 6/24/2020) |
| Filing 2 Rule 7.1 Disclosures by Marcel Breutsch, Capital Benefit, Inc., Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Waltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Richard Westin re #1 Notice of Removal, (Goldstein, Jason) (Filed on 6/24/2020) |
| Filing 1 NOTICE OF REMOVAL from Alameda County Superior Court. Their case number is RG20062541. (Filing fee $400 receipt number 0971-14617153). Filed byWaltraud M. Williams, Trustee of the Williams Family Trust dated September 17, 1999, Marcel Breutsch, Capital Benefit, Inc., Richard Westin, Robert V. Williams, Trustee of the Williams Family Trust dated September 17, 1999. (Attachments: #1 Exhibit A-B, #2 Civil Cover Sheet)(Goldstein, Jason) (Filed on 6/24/2020) |
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