Rocha et al v. JPMorgan Chase Bank, N.A. et al
| Gwen Rocha and Louis Rocha |
| JPMorgan Chase Bank, N.A., Sierra Asset Servicing LLC and California Reconveyance Company |
| 3:2021cv00870 |
| February 3, 2021 |
| US District Court for the Northern District of California |
| Laurel Beeler |
| Real Property: Foreclosure |
| 28 U.S.C. § 1345 |
| Plaintiff |
Docket Report
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Filing 19
ORDER granting #13 Stipulation. (Beeler, Laurel) (Filed on 5/30/2021)
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| Filing 18 CLERK'S NOTICE. The attached notice reflects the dismissal of the defendants in state court, including Sierra Asset. (Beeler, Laurel) (Filed on 5/30/2021) |
| Filing 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by California Reconveyance Company.. (Addiego, Joseph) (Filed on 5/25/2021) |
| Filing 16 NOTICE of Appearance by Joseph Edward Addiego, III (Addiego, Joseph) (Filed on 5/25/2021) |
| Filing 15 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: The court vacates the CMC set for 5/27/2021. To avoid losing track of the case, the court sets it for 7/1/2021 to allow the parties to take the actions that will allow the court to process the stipulation (as set forth in ECF No. 14).Initial Case Management Conference set for 7/1/2021 at 9:30 AM in San Francisco - Videoconference Only. Case Management Statement due by 6/24/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/21/2021) |
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Filing 14
ORDER. This may be too technical a reading of Rule 41, but the parties submitted the stipulation for dismissal of JPMorganChase and California Reconveyance to the court for approval because technically, California Reconveyance Corporation has not appeared. See Fed. R. Civ. P. 41(a)(1)(A)(ii). Nominal defendant Sierra Asset Servicing has not either (and apparently was never served). Notice of Removal - ECF No. 1 at 2-3. The parties' notice of settlement said that they intended the stipulation to resolve the entire action. Notice of Settlement - ECF No. 10. But the stipulation is only for the dismissal of JPMorgan Chase and California Reconveyance. Stipulation - ECF No. 13. This matters because the court cannot sign a dispositive order (such as an order of dismissal) unless all parties (even a nominal defendant or a non-appearing defendant) consent to magistrate-judge jurisdiction. Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017. This is true even though the nominal defendant's consent is not needed for removal. Assuming that the parties want to dismiss the entire action, then the fastest way to accomplish that is for the plaintiffs to voluntarily dismiss Sierra Asset Servicing, which was never served, and absent good cause, is subject to dismissal anyway. Fed. R. Civ. P. 4(m). Then, counsel for JP Morgan could appear for California Reconveyance (because right now, the appearance is only for JPMorgan Chase) and consent to the court's processing the order. In the unlikely event that the plaintiff wants to proceed against Sierra Asset Servicing, they should let the court know in three business days and agree to the court's severing the case against Sierra to allow the dismissal to be processed as to the other defendants. The court can then issue the standard OSC under Rule 4(m) to allow the plaintiffs to show good cause to allow late service.The court asks for the voluntary dismissal within three business days and the appearance and consent on the same timetable if practicable. In the meantime, the court will vacate next week's CMC. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 5/21/2021)
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| Filing 13 STIPULATION WITH PROPOSED ORDER to Dismiss Defendants JPMorgan Chase Bank, N.A. and California Reconveyance Company with Prejudice and Request to Cancel May 27, 2021 Initial Case Management Conference filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Proposed Order)(Addiego, Joseph) (Filed on 5/20/2021) |
| Filing 12 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE: The plaintiffs filed a notice of settlement on 3/4/2021 that contemplated that the filing of a dismissal within 15 days. That has not happened. Under the circumstances, the court continues the initial CMC to 5/27/2021 at 9:30 a.m. and directs the filing of the dismissal or a short update seven days earlier. 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 remi nded 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.) (shyS, COURT STAFF) (Filed on 4/29/2021) |
| Filing 11 Corporate Disclosure Statement by JPMorgan Chase Bank, N.A. identifying Corporate Parent JP Morgan Chase & Co. for JPMorgan Chase Bank, N.A.. (Addiego, Joseph) (Filed on 4/2/2021) |
| Filing 10 Notice of Settlement of ADA Access Case by Deepa Talwar (Talwar, Deepa) (Filed on 3/4/2021) |
| Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gwen Rocha, Louis Rocha.. (Talwar, Deepa) (Filed on 3/1/2021) |
| Filing 8 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Initial Case Management Conference set for 5/6/2021 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 grant ed 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 3/1/2021) |
| Filing 7 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 3/9/2021. (ejkS, COURT STAFF) (Filed on 2/23/2021) |
| Filing 6 STIPULATION to Extend Defendant JPMorgan Chase Bank N.A.s Deadline to File a Responsive Pleading filed by JPMorgan Chase Bank, N.A.. (Addiego, Joseph) (Filed on 2/10/2021) |
| Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by JPMorgan Chase Bank, N.A... (Freed, John) (Filed on 2/5/2021) |
| Filing 4 NOTICE of Appearance by Joseph Edward Addiego, III (Addiego, Joseph) (Filed on 2/4/2021) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/29/2021. Initial Case Management Conference set for 5/6/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (gbaS, COURT STAFF) (Filed on 2/4/2021) |
| 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 2/18/2021. (mbcS, COURT STAFF) (Filed on 2/4/2021) |
| Filing 1 NOTICE OF REMOVAL of Action from Santa Cruz County Superior Court. Their case number is 20CV00289. (Filing fee $402.00, receipt number 0971-15531164). Filed by JPMorgan Chase Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (Freed, John) (Filed on 2/3/2021) Modified on 2/4/2021 (gbaS, COURT STAFF). |
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