Estate of Roland Glen Hoefer v. ATC Realty Fifteen, Inc.
Plaintiff: Estate of Roland Glen Hoefer
Defendant: Wells Fargo Bank N.A, U.S. Bank N.A. and ATC Realty Fifteen, Inc.
Case Number: 3:2020cv06698
Filed: September 24, 2020
Court: US District Court for the Northern District of California
Presiding Judge: Jacqueline Scott Corley
Nature of Suit: Insurance
Cause of Action: 28:1391
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 25, 2020 Filing 35 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant shall file a consent or declination to proceed before a magistrate judge by 10/9/2020. 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. (ahm, COURT STAFF) (Filed on 9/25/2020)
September 25, 2020 Filing 33 Case transferred in from District of Delaware; Case Number 1:20-cv-00312. Original file certified copy of transfer order and docket sheet received.
September 24, 2020 Filing 34 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/17/2020. Initial Case Management Conference set for 12/24/2020 01:30 PM in San Francisco, Courtroom E, 15th Floor. (hdjS, COURT STAFF) (Filed on 9/24/2020)
September 24, 2020 Case electronically transferred to the Northern District of California. (fms)
September 24, 2020 Opinion or Order SO ORDERED, re #32 Stipulation and Order for Transfer of Claims Against Defendant ATC Realty Fifteen, Inc. to Northern District of California filed by Estate of Roland Glen Hoefer. Ordered by Judge Colm F. Connolly on 9/24/2020. (fms)
September 23, 2020 Filing 32 STIPULATION and (proposed) Order for Transfer of Claims Against Defendant ATC Realty Fifteen, Inc. to Northern District of California by Estate of Roland Glen Hoefer. (Miller, Daniel)
September 23, 2020 Filing 31 STIPULATION of Dismissal without prejudice of Plaintiff's Claims against Wells Fargo, N.A. by Estate of Roland Glen Hoefer. (Miller, Daniel)
September 11, 2020 Opinion or Order SO ORDERED, re #30 Joint STIPULATION TO EXTEND TIME Briefing on Defendants' Motion to Dismiss to September 28, 2020 and October 12, 2020 filed by Estate of Roland Glen Hoefer, Set Briefing Schedule: re #23 MOTION to Dismiss Based upon lacks personal jurisdiction and fails to state a claim for relief MOTION to Dismiss for Lack of Jurisdiction Over the Person . (Answering Brief due 9/28/2020., Reply Brief due 10/12/2020.) Signed by Judge Colm F. Connolly on 9/11/2020. (nmf)
September 10, 2020 Filing 30 Joint STIPULATION TO EXTEND TIME Briefing on Defendants' Motion to Dismiss to September 28, 2020 and October 12, 2020 - filed by Estate of Roland Glen Hoefer. (Miller, Daniel)
August 12, 2020 Opinion or Order SO ORDERED, re #29 STIPULATION TO EXTEND TIME Briefing on Defendants' Motion to Dismiss to September 14, 2020 and September 28, 2020 filed by Wells Fargo Bank, N.A., ATC Realty Fifteen, Inc. Set Briefing Schedule: re #23 MOTION to Dismiss Based upon lacks personal jurisdiction and fails to state a claim for relief MOTION to Dismiss for Lack of Jurisdiction Over the Person . (Answering Brief due 9/14/2020., Reply Brief due 9/28/2020.). Signed by Judge Colm F. Connolly on 8/12/2020. (fms)
August 12, 2020 Filing 29 STIPULATION TO EXTEND TIME Briefing on Defendants' Motion to Dismiss to September 14, 2020 and September 28, 2020 - filed by ATC Realty Fifteen, Inc., Wells Fargo Bank, N.A.. (Caponi, Steven)
August 12, 2020 Filing 28 NOTICE of Appearance by Daniel R. Miller on behalf of Estate of Roland Glen Hoefer (Miller, Daniel)
August 3, 2020 Opinion or Order SO ORDERED, re #27 STIPULATION TO EXTEND TIME FOR PLAINTIFF'S ANSWERING BRIEF AND DEFENDANTS' REPLY BRIEF ON DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT to AUGUST 14, 2020 and AUGUST 28, 2020 filed by Estate of Roland Glen Hoefer. Set Briefing Schedule: re #23 MOTION to Dismiss Based upon lacks personal jurisdiction and fails to state a claim for relief MOTION to Dismiss for Lack of Jurisdiction Over the Person . (Answering Brief due 8/14/2020., Reply Brief due 8/28/2020.). Signed by Judge Colm F. Connolly on 8/3/2020. (fms)
August 1, 2020 Filing 27 STIPULATION TO EXTEND TIME FOR PLAINTIFF'S ANSWERING BRIEF AND DEFENDANTS' REPLY BRIEF ON DEFENDANTS' MOTION TO DISMISS THE FIRST AMENDED COMPLAINT to AUGUST 14, 2020 and AUGUST 28, 2020 - filed by Estate of Roland Glen Hoefer. (Gouge, Donald)
July 10, 2020 Opinion or Order SO ORDERED, re #26 STIPULATION TO EXTEND TIME Stipulation to extend time for plaintiff's answering brief and defendant's reply brief on the defendant's motion to dismiss the first amended complaint to July 31, 2020 and August 14, 2020 respectively to filed by Estate of Roland Glen Hoefer, Set Briefing Schedule: (Answering Brief due 7/31/2020., Reply Brief due 8/14/2020.). Signed by Judge Colm F. Connolly on 7/10/2020. (fms)
July 9, 2020 Filing 26 STIPULATION TO EXTEND TIME Stipulation to extend time for plaintiff's answering brief and defendant's reply brief on the defendant's motion to dismiss the first amended complaint to July 31, 2020 and August 14, 2020 respectively to - filed by Estate of Roland Glen Hoefer. (Gouge, Donald) Modified on 7/10/2020 (fms).
June 26, 2020 Filing 25 DECLARATION re #24 Opening Brief in Support, of Defendants' Motion To Dismiss Plaintiff's First Amended Complaint by ATC Realty Fifteen, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit A-G)(Caponi, Steven)
June 26, 2020 Filing 24 OPENING BRIEF in Support re #23 MOTION to Dismiss Based upon lacks personal jurisdiction and fails to state a claim for relief MOTION to Dismiss for Lack of Jurisdiction Over the Person filed by ATC Realty Fifteen, Inc..Answering Brief/Response due date per Local Rules is 7/10/2020. (Caponi, Steven)
June 26, 2020 Filing 23 MOTION to Dismiss Based upon lacks personal jurisdiction and fails to state a claim for relief, MOTION to Dismiss for Lack of Jurisdiction Over the Person - filed by ATC Realty Fifteen, Inc., Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Caponi, Steven)
June 11, 2020 Opinion or Order SO ORDERED, re #22 STIPULATION TO EXTEND TIME to Answer First Amended Complaint to June 26, 2020 filed by Wells Fargo Bank, N.A., ATC Realty Fifteen, Inc. Set/Reset Answer Deadlines: ATC Realty Fifteen, Inc. answer due 6/26/2020; Wells Fargo Bank, N.A. answer due 6/26/2020. Signed by Judge Colm F. Connolly on 6/11/2020. (fms)
June 11, 2020 Filing 22 STIPULATION TO EXTEND TIME to Answer First Amended Complaint to June 26, 2020 - filed by ATC Realty Fifteen, Inc., Wells Fargo Bank, N.A.. (Caponi, Steven)
April 27, 2020 Opinion or Order SO ORDERED, re #21 STIPULATION TO EXTEND TIME Answer First Amended Complaint to June 12, 2020 filed by Estate of Roland Glen Hoefer. Set/Reset Answer Deadlines: ATC Realty Fifteen, Inc. answer due 6/12/2020; Wells Fargo Bank, N.A. answer due 6/12/2020. Signed by Judge Colm F. Connolly on 4/27/2020. (fms)
April 27, 2020 Filing 21 STIPULATION TO EXTEND TIME Answer First Amended Complaint to June 12, 2020 - filed by Estate of Roland Glen Hoefer. (Gouge, Donald)
April 27, 2020 Filing 20 NOTICE of Appearance by Matthew B. Goeller on behalf of ATC Realty Fifteen, Inc. (Goeller, Matthew)
April 14, 2020 Remark: The corrected summons form at D.I. #20 has been removed from the docket. Counsel just has to complete and use without requiring the Clerk to print, sign, and seal. (fms)
April 14, 2020 Remark: The summons form attached to the Amended Complaint at D.I. #19 has been removed from the docket and will not be issued. Counsel is advised to look at the court's website: www.ded.uscourts.gov, under CURRENT NEWS AND ANNOUNCEMENTS, click 'view all' and find the summons form under 3/23/2020. New Electronic Summons Form - AO 440. In an effort to reduce the handling of paper copies, The District Court has created an Electronic Civil Summons form (AO 440) for Counsel to complete and use without requiring the Clerk to print, sign, seal and handle the originals. Any questions please call the Clerk's office at 302-573-6170. (fms)
April 14, 2020 CORRECTING ENTRY: The docket text of D.I. #19 has been corrected to add ATC Realty Fifteen, Inc. as a defendant. Counsel should have added the party through the filing of the Amended Complaint. The party has now been added by the docket clerk. (fms)
April 13, 2020 Filing 19 AMENDED COMPLAINT against Wells Fargo Bank, N.A. and ATC Realty Fifteen, Inc. - filed by Estate of Roland Glen Hoefer. (Gouge, Donald) Modified on 4/14/2020 (fms).
April 3, 2020 Pro Hac Vice Attorney Christopher S. Comstock for Wells Fargo Bank, N.A. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
April 2, 2020 Opinion or Order SO ORDERED, re #18 MOTION for Pro Hac Vice Appearance of Attorney Christopher S. Comstock filed by Wells Fargo Bank, N.A. Signed by Judge Colm F. Connolly on 4/2/2020. (fms)
April 2, 2020 Filing 18 MOTION for Pro Hac Vice Appearance of Attorney Christopher S. Comstock - filed by Wells Fargo Bank, N.A.. (Caponi, Steven)
April 2, 2020 Filing 17 DECLARATION re #12 MOTION to Dismiss Declaration of Christine Tucker in Support of the Motion to Dismiss by Defendant U.S. Bank, N.A., as Securities Intermediary by U.S. Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Seaman, John)
April 2, 2020 Filing 16 NOTICE of Withdrawal of Plaintiffs Renewed Motion for Leave to Conduct Limited Immediate Discovery from Defendant U.S. Bank, N.A. by Estate of Roland Glen Hoefer re #8 Supplemental MOTION for Discovery Immediate (Gouge, Donald)
April 1, 2020 Pro Hac Vice Attorneys Harry S. Davis and Bayard P. Brown for U.S. Bank, N.A. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd)
April 1, 2020 Opinion or Order SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Harry S. Davis and Bayard P. Brown of Schulte Roth & Zabel LLP filed by U.S. Bank, N.A. Signed by Judge Colm F. Connolly on 4/1/2020. (fms)
March 31, 2020 Filing 15 DECLARATION re #12 MOTION to Dismiss /Declaration of Christopher J. Nuxoll in Support of the Motion to Dismiss by Defendant U.S. Bank, N.A., as Securities Intermediary by U.S. Bank, N.A.. (Attachments: #1 Exhibit A)(Seaman, John)
March 31, 2020 Filing 14 DECLARATION re #12 MOTION to Dismiss /Declaration of Andrea Serra in Support of the Motion to Dismiss by Defendant U.S. Bank, N.A., as Securities Intermediary by U.S. Bank, N.A.. (Attachments: #1 Exhibit A)(Seaman, John)
March 31, 2020 Filing 13 OPENING BRIEF in Support re #12 MOTION to Dismiss /Memorandum of Law in Support of Motion to Dismiss by Defendant U.S. Bank, N.A., as Securities Intermediary filed by U.S. Bank, N.A..Answering Brief/Response due date per Local Rules is 4/14/2020. (Attachments: #1 Word Count Certification)(Seaman, John)
March 31, 2020 Filing 12 MOTION to Dismiss - filed by U.S. Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Seaman, John)
March 31, 2020 Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Harry S. Davis and Bayard P. Brown of Schulte Roth & Zabel LLP - filed by U.S. Bank, N.A.. (Attachments: #1 Certification of Harry S. Davis of Schulte Roth & Zabel LLP, #2 Certification of Bayard P. Brown of Schulte Roth & Zabel LLP, #3 Text of Proposed Order)(Seaman, John)
March 31, 2020 Filing 10 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent U.S. Bancorp for U.S. Bank, N.A. filed by U.S. Bank, N.A.. (Seaman, John)
March 31, 2020 Filing 9 NOTICE of Entry of Appearance of Kevin G. Abrams, Esq. and John M. Seaman, Esq. of Abrams & Bayliss LLP on behalf of defendant U.S. Bank, N.A., as Securities Intermediary by U.S. Bank, N.A. (Seaman, John)
March 27, 2020 CORRECTING ENTRY: Per request of filer, Exhibit A to D.I. #8 has been removed and replaced. (fms)
March 26, 2020 Filing 8 Supplemental MOTION for Discovery Immediate - filed by Estate of Roland Glen Hoefer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order, #4 Certificate of Service)(Gouge, Donald) (Attachment 1 replaced on 3/27/2020) (fms).
March 26, 2020 Opinion or Order SO ORDERED, re #7 STIPULATION TO EXTEND TIME for Defendant Wells Fargo Bank, N.A. to Answer or Otherwise Respond to Complaint to April 27, 2020 filed by Wells Fargo Bank, N.A., Set/Reset Answer Deadlines: Wells Fargo Bank, N.A. answer due 4/27/2020. Signed by Judge Colm F. Connolly on 3/26/2020. (nmf)
March 26, 2020 Filing 7 STIPULATION TO EXTEND TIME for Defendant Wells Fargo Bank, N.A. to Answer or Otherwise Respond to Complaint to April 27, 2020 - filed by Wells Fargo Bank, N.A.. (Caponi, Steven)
March 12, 2020 Opinion or Order Filing 6 ORDER denying without prejudice #4 Motion for Discovery. Signed by Judge Colm F. Connolly on 3/12/2020. (nmf)
March 12, 2020 Filing 5 AFFIDAVIT of Service for Complaint, Summons, Civil Cover Sheet served on U.S. Bank, N.A. on March 10, 2020, filed by Estate of Roland Glen Hoefer. (Gouge, Donald)
March 11, 2020 Filing 4 MOTION for Discovery Plaintiff's Motion for Leave to Conduct Limited Immediate Discovery - filed by Estate of Roland Glen Hoefer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Gouge, Donald)
March 10, 2020 Filing 3 AFFIDAVIT of Service for Complaint, Summons, Civil Cover Sheet served on Rodney Samuels for Wells Fargo Bank, N.A. on March 9, 2020, filed by Estate of Roland Glen Hoefer. (Gouge, Donald)
March 4, 2020 Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb)
March 2, 2020 Summons Issued with Magistrate Consent Notice attached as to U.S. Bank, N.A. and Wells Fargo Bank, N.A. on 3/2/2020. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (amf)
March 2, 2020 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (amf)
March 2, 2020 Filing 1 COMPLAINT filed with Jury Demand against U.S. Bank, N.A. and Wells Fargo Bank, N.A. - Magistrate Consent Notice to Pltf. (Filing fee $ 400, receipt number 0311-2867913) - filed by Estate of Roland Glen Hoefer. (Attachments: #1 Civil Cover Sheet)(amf) (Main Document 1 replaced on 3/3/2020) (amf).

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Defendant: Wells Fargo Bank N.A
Represented By: Christopher S. Comstock
Represented By: Steven L. Caponi
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Defendant: U.S. Bank N.A.
Represented By: John M. Seaman
Represented By: Harry S. Davis
Represented By: Bayard P. Brown
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Defendant: ATC Realty Fifteen, Inc.
Represented By: Steven L. Caponi
Represented By: Matthew B. Goeller
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Plaintiff: Estate of Roland Glen Hoefer
Represented By: Donald L. Gouge, Jr.
Represented By: Daniel R. Miller
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