Montgomery et al v. U.S. Bank, N.A., et al
| Ray Montgomery and Marie Lynne Montgomery |
| U.S. Bank, N.A., As Trustee For MLM1 Trust Series 2006-HE4, Bank of America, Nationstar Mortgage, DBA Mr. Cooper, U.S. Bank, N.A. and Nationstar Mortgage doing business as Mr. Cooper, N.A. |
| 3:2021cv05242 |
| July 7, 2021 |
| US District Court for the Northern District of California |
| Edward M Chen |
| Kandis A Westmore |
| Real Property: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 19 CLERK'S NOTICE RESCHEDULING MOTION TO DISMISS HEARING TO 9/23/2021 AT 1:30PM: Hearing re #8 MOTION to Dismiss Plaintiffs' Complaint is rescheduled to 9/23/2021 at 1:30PM. Responses due by 9/2/2021. Replies due by 9/9/2021. Motion Hearing set for 9/23/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. 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/emcGeneral Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Responses due by 9/2/2021. Replies due by 9/9/2021. Motion Hearing set for 9/23/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afmS, COURT STAFF) (Filed on 8/8/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
Filing 18
Order by Judge Edward M. Chen granting #17 Motion for Leave to File. Opposition to Motion to Dismiss due 9/2/2021; reply due 9/9/2021; hearing on motion reset to 9/23/2021 at 1:30PM.(afmS, COURT STAFF) (Filed on 8/6/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 17 MOTION for Leave to File Amended Complaint filed by Ray Montgomery. (wsnS, COURT STAFF) (Filed on 8/6/2021) |
| Filing 16 NOTICE by Nationstar Mortgage, U.S. Bank, N.A. re #8 MOTION to Dismiss Plaintiffs' Complaint (Baumann, Katalina) (Filed on 8/3/2021) |
| Filing 15 CLERK'S NOTICE RESCHEDULING #8 MOTION TO DISMISS FROM 8/26/2021 TO 9/2/2021 AT 1:30PM: Hearing re #8 MOTION to Dismiss Plaintiffs' Complaint set for 8/26/2021 is vacated and rescheduled for 9/2/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. 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/emcGeneral Order 58. 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.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Moti on Hearing set for 9/2/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 8/3/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 14 CLERK'S NOTICE RE: #13 NOTICE: Clerk clarifies this hearing will be conducted by zoom webinar and will not be held in person. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 8/3/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 13 Renotice motion hearing re #8 MOTION to Dismiss Plaintiffs' Complaint filed by Nationstar Mortgage, U.S. Bank, N.A.. (Baumann, Katalina) (Filed on 8/2/2021) Modified on 8/3/2021 (slhS, COURT STAFF). |
| Filing 12 CLERK'S NOTICE RESCHEDULING MOTION HEARING RE #8 MOTION TO DISMISS FROM 8/19/2021 TO 8/26/2021: Motion hearing re #8 MOTION to Dismiss Plaintiffs' Complaint set for 8/19/2021 is vacated and rescheduled for 8/26/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar. Motion briefing deadlines remain unchanged.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminde d 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 Hearing set for 8/26/2021 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 7/16/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
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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 Edward M. Chen 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 7/16/2021. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 7/16/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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| Filing 10 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (amgS, COURT STAFF) (Filed on 7/15/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| Filing 9 Request for Judicial Notice re #8 MOTION to Dismiss Plaintiffs' Complaint filed byNationstar Mortgage, U.S. Bank, N.A.. (Related document(s) #8 ) (Baumann, Katalina) (Filed on 7/14/2021) |
| Filing 8 MOTION to Dismiss Plaintiffs' Complaint filed by Nationstar Mortgage, U.S. Bank, N.A.. Motion Hearing set for 8/19/2021 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 7/28/2021. Replies due by 8/4/2021. (Attachments: #1 Proposed Order)(Baumann, Katalina) (Filed on 7/14/2021) |
| Filing 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Nationstar Mortgage, U.S. Bank, N.A... (Baumann, Katalina) (Filed on 7/12/2021) |
| Filing 6 CERTIFICATE OF SERVICE by Nationstar Mortgage, U.S. Bank, N.A. re 3 Case Assigned by Intake,,, (Baumann, Katalina) (Filed on 7/8/2021) |
| Filing 5 Certificate of Interested Entities by Nationstar Mortgage, U.S. Bank, N.A. identifying Corporate Parent U.S. Bancorp for U.S. Bank, N.A.; Corporate Parent Nationstar Sub2 LLC, Corporate Parent Nationstar Mortgage Holdings Inc., Corporate Parent Nationstar Sub1 LLC, Corporate Parent KKR Wand Investors Corporation, Corporate Parent Mr. Cooper Group Inc. (formerly known as WMIH Corp.) for Nationstar Mortgage. (Baumann, Katalina) (Filed on 7/8/2021) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/28/2021. Initial Case Management Conference set for 10/5/2021 01:30 PM in Oakland, Courtroom - to be determined. (slhS, COURT STAFF) (Filed on 7/8/2021)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) |
| #Electronic filing error re: #2 Certificate of Interested Entities filed by Nationstar Mortgage, U.S. Bank, N.A.. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, enter all affiliates or corporate parents. (slhS, COURT STAFF) (Filed on 7/8/2021) |
| Filing 3 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 7/21/2021. (anjS, COURT STAFF) (Filed on 7/7/2021) |
| Filing 2 Certificate of Interested Entities by Nationstar Mortgage, U.S. Bank, N.A. (Baumann, Katalina) (Filed on 7/7/2021) |
| Filing 1 NOTICE OF REMOVAL from Contra Costa County Superior Court. Their case number is C21-01183. (Filing fee $402 receipt number 0971-16152521). Filed by U.S. Bank, N.A., Nationstar Mortgage (Attachments: #1 Civil Cover Sheet)(Baumann, Katalina) (Filed on 7/7/2021) Modified on 7/8/2021 (slhS, COURT STAFF). |
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