Commerce Home Mortgage LLC v. Federal Home Loan Bank of San Francisco
| Plaintiff's Att Vincent Loh, Commerce Home Mortgage LLC, Attorney Timothy J Garry and Plaintiff's Att Jon-Jamison Hill |
| John M. Landry, Attorney Polly Towill, madalyn macarr and Federal Home Loan Bank of San Francisco |
| Federal Housing Finance Agency |
| 3:2021cv01678 |
| March 9, 2021 |
| US District Court for the Northern District of California |
| Maxine M Chesney |
| Kandis A Westmore |
| Other Fraud |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2021. A more recent docket listing may be available from PACER.
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| Filing 44 REPLY (re #24 MOTION to Remand Notice of Motion and Motion to Remand Action Pursuant to 28 U.S.C. 1447; Memorandum of Points and Authorities in Support ) Commerce Home Mortgage, LLC's Response to Federal Housing Finance Agency's Amicus Brief in Opposition to Motion to Remand filed byCommerce Home Mortgage LLC. (Gorry, Timothy) (Filed on 4/27/2021) |
| Filing 43 REPLY (re #24 MOTION to Remand Notice of Motion and Motion to Remand Action Pursuant to 28 U.S.C. 1447; Memorandum of Points and Authorities in Support ) filed byCommerce Home Mortgage LLC. (Gorry, Timothy) (Filed on 4/16/2021) |
| Filing 42 OPPOSITION/RESPONSE (re #24 MOTION to Remand Notice of Motion and Motion to Remand Action Pursuant to 28 U.S.C. 1447; Memorandum of Points and Authorities in Support ) -AMICUS BRIEF OF PROPOSED INTERVENOR FEDERAL HOUSING FINANCE AGENCY IN OPPOSITION TO MOTION TO REMAND filed byFederal Housing Finance Agency. (Attachments: #1 Exhibit 1)(Winthrop, Douglas) (Filed on 4/16/2021) |
Filing 41
ORDER GRANTING FEDERAL HOUSING FINANCE AGENCY'S ADMINISTRATIVE MOTION UNDER LOCAL RULE 7-11 FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE IN OPPOSITION TO MOTION TO REMAND; SETTING BRIEFING SCHEDULE; CONTINUING HEARING ON MOTION TO REMAND. No later than April 20, 2021, FHFA shall file its Amicus Brief. No later than April 27, 2021, plaintiff shall file its response thereto. The hearing on plaintiff's motion to remand is continued to May 21, 2021, at 9:00 a.m. Signed by Judge Maxine M. Chesney on April 16, 2021.(mmclc1, COURT STAFF) (Filed on 4/16/2021)
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| Set/Reset Deadlines as to #24 MOTION to Remand Notice of Motion and Motion to Remand Action Pursuant to 28 U.S.C. 1447; Memorandum of Points and Authorities in Support. Motion Hearing reset to 5/21/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 4/16/2021) |
| Filing 40 Statement of Non-Opposition Defendant Federal Home Loan Bank of San Francisco's Statement of Nonopposition to the Federal Housing Finance Agency's Administrative Motion filed byFederal Home Loan Bank of San Francisco. (Towill, Polly) (Filed on 4/13/2021) |
| Filing 39 OPPOSITION/RESPONSE (re #37 ADMINISTRATIVE MOTION ADMINISTRATIVE MOTION UNDER LOCAL RULE 7-11 FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE IN OPPOSITION TO MOTION TO REMAND ) filed byCommerce Home Mortgage LLC. (Attachments: #1 Proposed Order [Proposed] Order Denying Federal Housing Finance Agency's Motion Under Local Rule 7-11 for Leave to Participate as Amicus Curiae in Opposition to Motion for Remand)(Loh, Vincent) (Filed on 4/13/2021) |
| Filing 38 REPLY (re #15 MOTION to Intervene -NOTICE OF MOTION AND MOTION TO INTERVENE OF THE FEDERAL HOUSING FINANCE AGENCY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT ) filed byFederal Housing Finance Agency. (Winthrop, Douglas) (Filed on 4/9/2021) |
| Filing 37 ADMINISTRATIVE MOTION ADMINISTRATIVE MOTION UNDER LOCAL RULE 7-11 FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE IN OPPOSITION TO MOTION TO REMAND filed by Federal Housing Finance Agency. Responses due by 4/13/2021. (Attachments: #1 Declaration Douglas A. Winthrop, #2 Proposed Order)(Winthrop, Douglas) (Filed on 4/9/2021) |
| Filing 36 OPPOSITION/RESPONSE (re #24 MOTION to Remand Notice of Motion and Motion to Remand Action Pursuant to 28 U.S.C. 1447; Memorandum of Points and Authorities in Support ) Defendant Federal Home Loan Bank Of San Franciscos Opposition to Commerce Home Mortgage LLCs Motion To Remand filed byFederal Home Loan Bank of San Francisco. (Attachments: #1 Proposed Order Denying Plaintiff's Motion to Remand)(Towill, Polly) (Filed on 4/9/2021) |
| Filing 35 REPLY (re #9 MOTION to Dismiss with Proposed Order PURSUANT TO FED. R. CIV. P. 12(b)(6) ) filed byFederal Home Loan Bank of San Francisco. (Towill, Polly) (Filed on 4/6/2021) |
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Filing 34
ORDER GRANTING PLAINTIFF'S MOTION TO CHANGE TIME. The hearings on the motion to dismiss and the motion to intervene are vacated and will be reset, as appropriate, after resolution of plaintiff's motion to remand. Signed by Judge Maxine M. Chesney on April 6, 2021. (mmclc1, COURT STAFF) (Filed on 4/6/2021)
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| Filing 33 OPPOSITION/RESPONSE (re #28 MOTION to Continue Plaintiff's Motion to Continue Time of Motion to Dismiss and Motion to Intervene ) filed byFederal Home Loan Bank of San Francisco. (Attachments: #1 Declaration Of Polly Towill In Support Of Defendant Federal Home Loan Bank Of San Franciscos Response To Plaintiffs Motion To Change Time Of Motion To Dismiss And Motion To Intervene, #2 [Proposed] Order Denying Plaintiff Commerce Home Mortgage LLCs Motion To Change Time Of Motion To Dismiss And Motion To Intervene)(Towill, Polly) (Filed on 4/5/2021) |
| Filing 32 REPLY (re #28 MOTION to Continue Plaintiff's Motion to Continue Time of Motion to Dismiss and Motion to Intervene ) filed byFederal Home Loan Bank of San Francisco. (Attachments: #1 Declaration Of Polly Towill In Support Of Defendant Federal Home Loan Bank Of San Franciscos Response To Plaintiffs Motion To Change Time Of Motion To Dismiss And Motion To Intervene, #2 [Proposed] Order Denying Plaintiff Commerce Home Mortgage LLCs Motion To Change Time Of Motion To Dismiss And Motion To Intervene)(Towill, Polly) (Filed on 4/5/2021) |
| Filing 31 OPPOSITION/RESPONSE (re #28 MOTION to Continue Plaintiff's Motion to Continue Time of Motion to Dismiss and Motion to Intervene ) filed byFederal Housing Finance Agency. (Winthrop, Douglas) (Filed on 4/5/2021) |
| Filing 30 OPPOSITION/RESPONSE (re #15 MOTION to Intervene -NOTICE OF MOTION AND MOTION TO INTERVENE OF THE FEDERAL HOUSING FINANCE AGENCY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT ) Opposition to Federal Housing Finance Agency's Motion to Intervene filed byCommerce Home Mortgage LLC. (Attachments: #1 Proposed Order)(Gorry, Timothy) (Filed on 4/2/2021) |
| Filing 29 Statement of Non-Opposition re #15 MOTION to Intervene -NOTICE OF MOTION AND MOTION TO INTERVENE OF THE FEDERAL HOUSING FINANCE AGENCY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed byFederal Home Loan Bank of San Francisco. (Related document(s) #15 ) (Towill, Polly) (Filed on 4/2/2021) |
| Filing 28 MOTION to Continue Plaintiff's Motion to Continue Time of Motion to Dismiss and Motion to Intervene filed by Commerce Home Mortgage LLC. (Attachments: #1 Declaration of Timothy J. Gorry, #2 Proposed Order)(Gorry, Timothy) (Filed on 3/31/2021) |
| Filing 27 OPPOSITION/RESPONSE (re #9 MOTION to Dismiss with Proposed Order PURSUANT TO FED. R. CIV. P. 12(b)(6) ) Opposition to Federal Home Loan Bank of San Francisco's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed byCommerce Home Mortgage LLC. (Attachments: #1 Declaration of Timothy J. Gorry, #2 Proposed Order)(Gorry, Timothy) (Filed on 3/30/2021) |
| Filing 26 NOTICE by Commerce Home Mortgage LLC Notice of Case Management Conference Order and Standing Order (Loh, Vincent) (Filed on 3/30/2021) |
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Filing 25
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 6/11/2021 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor. Joint Case Management Statement due by 6/4/2021.. Signed by Judge Maxine M. Chesney on 3/29/2021. (tlS, COURT STAFF) (Filed on 3/29/2021)
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| Filing 24 MOTION to Remand Notice of Motion and Motion to Remand Action Pursuant to 28 U.S.C. 1447; Memorandum of Points and Authorities in Support filed by Commerce Home Mortgage LLC. Motion Hearing set for 4/30/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 4/9/2021. Replies due by 4/16/2021. (Attachments: #1 Proposed Order)(Gorry, Timothy) (Filed on 3/26/2021) |
| Set/Reset Deadlines as to #9 MOTION to Dismiss with Proposed Order PURSUANT TO FED. R. CIV. P. 12(b)(6). Motion Hearing set for 4/23/2021 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tlS, COURT STAFF) (Filed on 3/24/2021) |
| Filing 23 DEMAND for Trial by Jury by Commerce Home Mortgage LLC. (Loh, Vincent) (Filed on 3/23/2021) |
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Filing 22
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Kyle Lyons-Burke is granted. Signed by Judge Maxine M. Chesney on March 22, 2021. (mmclc1, COURT STAFF) (Filed on 3/22/2021)
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Filing 21
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Mei-Wah Lee is granted. Signed by Judge Maxine M. Chesney on March 22, 2021. (mmclc1, COURT STAFF) (Filed on 3/22/2021)
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Filing 20
ORDER GRANTING APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. The application of Asim Varma is granted. Signed by Judge Maxine M. Chesney on March 22, 2021. (mmclc1, COURT STAFF) (Filed on 3/22/2021)
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| Filing 19 MOTION for leave to appear in Pro Hac Vice -Application for Admission of Attorney Pro Hac Vice - Kyle Lyons-Burke ( Filing fee $ 317, receipt number 0971-15727159.) filed by Federal Housing Finance Agency. (Winthrop, Douglas) (Filed on 3/19/2021) |
| Filing 18 MOTION for leave to appear in Pro Hac Vice -Application for Admission of Attorney Pro Hac Vice - Mei-Wah Lee ( Filing fee $ 317, receipt number 0971-15727123.) filed by Federal Housing Finance Agency. (Winthrop, Douglas) (Filed on 3/19/2021) |
| Filing 17 MOTION for leave to appear in Pro Hac Vice -Application for Admission of Attorney Pro Hac Vice - Asim Varma ( Filing fee $ 317, receipt number 0971-15727064.) filed by Federal Housing Finance Agency. (Winthrop, Douglas) (Filed on 3/19/2021) |
| Filing 16 Request for Judicial Notice re #15 MOTION to Intervene -NOTICE OF MOTION AND MOTION TO INTERVENE OF THE FEDERAL HOUSING FINANCE AGENCY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed byFederal Housing Finance Agency. (Attachments: #1 Declaration Douglas A. Winthrop)(Related document(s) #15 ) (Winthrop, Douglas) (Filed on 3/19/2021) |
| Filing 15 MOTION to Intervene -NOTICE OF MOTION AND MOTION TO INTERVENE OF THE FEDERAL HOUSING FINANCE AGENCY; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT filed by Federal Housing Finance Agency. Motion Hearing set for 4/23/2021 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. Responses due by 4/2/2021. Replies due by 4/9/2021. (Attachments: #1 Exhibit Motion to Dismiss, #2 Proposed Order)(Winthrop, Douglas) (Filed on 3/19/2021) |
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Filing 14
ORDER DIRECTING DEFENDANT TO SUBMIT CHAMBERS COPIES. Signed by Judge Maxine M. Chesney on March 18, 2021.(mmclc1, COURT STAFF)(Filed on 3/18/2021)
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| Filing 13 NOTICE by Commerce Home Mortgage LLC Notice of Standing Orders for Civil Cases Assigned to the Hon. Maxine M. Chesney (Loh, Vincent) (Filed on 3/18/2021) |
| Filing 12 Renotice motion hearing re #9 MOTION to Dismiss with Proposed Order PURSUANT TO FED. R. CIV. P. 12(b)(6) filed byFederal Home Loan Bank of San Francisco. (Attachments: #1 Proposed Order [Proposed] Order Granting Defendant Federal Home Loan Bank Of San Franciscos Motion To Dismiss Pursuant To Fed. R. Civ. P. 12(b)(6))(Related document(s) #9 ) (Towill, Polly) (Filed on 3/17/2021) |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney for all further proceedings. Magistrate Judge Kandis A. Westmore 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 3/17/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 3/17/2021)
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| Filing 10 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. (dtmS, COURT STAFF) (Filed on 3/17/2021) |
| Filing 9 MOTION to Dismiss with Proposed Order PURSUANT TO FED. R. CIV. P. 12(b)(6) filed by Federal Home Loan Bank of San Francisco. Motion Hearing set for 5/6/2021 11:00 AM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 3/30/2021. Replies due by 4/6/2021. (Attachments: #1 Proposed Order Proposed Order Granting Defendant FHLB of San Francisco's Motion to Dismiss Pursuant to Fed.R.Civ.P.12(b)(6))(Towill, Polly) (Filed on 3/16/2021) Modified on 3/17/2021 (anjS, COURT STAFF). |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Federal Home Loan Bank of San Francisco.. (Towill, Polly) (Filed on 3/16/2021) |
| Filing 7 Notice Of Standing Order by Federal Home Loan Bank of San Francisco (Towill, Polly) (Filed on 3/11/2021) Modified on 3/12/2021 (bnsS, COURT STAFF). |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/1/2021. Initial Case Management Conference set for 6/8/2021 01:30 PM. (bnsS, COURT STAFF) (Filed on 3/11/2021) |
| #Electronic filing error. REMINDER: Counsel Timothy J. Gorry must update ECF profile with current contact information. [err102] Re: #1 Notice of Removal, filed by Federal Home Loa n Bank of San Francisco (bnsS, COURT STAFF) (Filed on 3/11/2021) |
| Filing 5 NOTICE of Appearance by Chung H. Chan (Chan, Chung) (Filed on 3/10/2021) |
| Filing 4 NOTICE of Appearance by John Michael Landry (Landry, John) (Filed on 3/10/2021) |
| Filing 3 NOTICE of Appearance by Polly Towill (Towill, Polly) (Filed on 3/10/2021) |
| Filing 2 Case assigned to Magistrate Judge Kandis A. Westmore. 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 3/24/2021. (haS, COURT STAFF) (Filed on 3/10/2021) |
| Filing 1 NOTICE OF REMOVAL Defendant Federal Home Loan Bank of San Francisco's Notice of Removal of Civil Action Under 28 USC Section 1441 (Federal Question Jurisdiction) from Superior Court of the State of California County of San Francisco. Their case number is No. CGC-21-588997. (Filing fee $402 receipt number 0971-15679454). Filed byFederal Home Loan Bank of San Francisco. (Attachments: #1 Civil Cover Sheet, #2 Declaration of Madalyn Macarr w/Exhibits A and B)(Macarr, Madalyn) (Filed on 3/9/2021) |
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