Mewawalla v. Middleman et al
| Rahul Mewawalla |
| Stanley C. Middleman, Michael B. Middleman, Gregory E. Middleman, Erik L. Anderson, Freedom Mortgage Corporation, Xpanse, LLC, Archwell Holdings, LLC, Archwell Solutions, LLC, Archwell Management, LLC and Keystone B2B, LLC |
| 3:2021cv09700 |
| December 16, 2021 |
| US District Court for the Northern District of California |
| Edward M Chen |
| Susan van Keulen |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Both |
Docket Report
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This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.
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Filing 36
Order by Magistrate Judge Kandis A. Westmore granting #34 Stipulation to Continue Pre-Settlement Telephonic Conference. Telephone Conference set for 11/1/2022 11:00 AM in Oakland, - Videoconference Only before Magistrate Judge Kandis A. Westmore. Parties are directed to use the dial-in information contained within #30 . (wft, COURT STAFF) (Filed on 7/1/2022)
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| Filing 35 Proposed Order re #34 STIPULATION WITH PROPOSED ORDER re #30 Clerk's Notice Setting ADR Telephone Conference., by Rahul Mewawalla. (Kitchin, Patrick) (Filed on 6/30/2022) |
| Filing 34 STIPULATION WITH PROPOSED ORDER re #30 Clerk's Notice Setting ADR Telephone Conference., filed by Rahul Mewawalla. (Kitchin, Patrick) (Filed on 6/30/2022) |
| Filing 33 CLERK'S NOTICE CONTINUING MOTION HEARING RE #21 MOTION to Dismiss Countercomplaint. Motion Hearing reset to 7/15/2022 at 09:00 AM by 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. Per sons 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/. (This is a text-only entry generated by the court. There is no document associated with this entr y.)(bxs, COURT STAFF) (Filed on 6/30/2022) |
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Filing 32
CASE MANAGEMENT AND PRETRIAL ORDER FOR JURY TRIAL. Signed by Judge Edward M. Chen on 6/28/2022. Opening Reports due by 4/20/2023. Close of Fact Discovery due by 4/27/2023. Rebuttal Reports due by 5/11/2023. Close of Expert Discovery due by 6/1/2023. Dispositive Motions due by 6/8/2023. Motion Hearing set for 7/13/2023 at 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. Final Pretrial Conference set for 9/26/2023 at 02:30 PM in San Francisco, Courtroom 05, 17th Floor. Jury Selection set for 10/23/2023 at 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. Jury Trial set for 10/23/2023, 10/24/2023, 10/25/2023, 10/27/2023, 10/30/2023, 10/31/2023, 11/1/2023, 11/3/2023, 11/6/2023, 11/7/2023 at 08:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. (Attachments: #1 Juror Questionnaire)(bxs, COURT STAFF) (Filed on 6/28/2022)
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| Filing 31 REPLY (re #21 MOTION to Dismiss Countercomplaint ) filed byRahul Mewawalla. (Attachments: #1 Response to Countercomplainants Evidentiary Objections)(Kitchin, Patrick) (Filed on 6/27/2022) |
| Filing 30 CLERK'S NOTICE SETTING TELEPHONE CONFERENCE. Please note that you must be logged into an ECF account of counsel of record in order to view this document. Telephone Conference set for 10/4/2022 11:30 AM in Oakland, - Telephonic Only before Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) (Filed on 6/27/2022) |
| CASE REFERRED to Magistrate Judge Kandis A. Westmore for Settlement (mkl, COURT STAFF) (Filed on 6/23/2022) |
| Filing 28 OBJECTIONS to re #23 Declaration in Support by Freedom Mortgage Corporation, Xpanse, LLC. (Beral, Arash) (Filed on 6/21/2022) |
| Filing 27 OPPOSITION/RESPONSE (re #21 MOTION to Dismiss Countercomplaint ) filed byFreedom Mortgage Corporation, Xpanse, LLC. (Beral, Arash) (Filed on 6/21/2022) |
| Filing 29 Minute Entry for proceedings held before Judge Edward M Chen: Initial Case Management Conference held via Zoom on 6/14/2022. CASE REFERRED to Magistrate Judge for Settlement Conference. Joint Status Report due by 1/3/2023. Status Conference set for 1/10/2023 at 02:30 PM by Videoconference Only before Judge Edward M Chen. Total Time in Court: 16 minutes. Court Reporter: Ronelle Corbey. Plaintiff Attorney: Patrick Kitchin. Defendant Attorney: Arash Beral, Craig Haring. (bxs, COURT STAFF) (Date Filed: 6/14/2022) |
| Filing 26 CLERK'S NOTICE SETTING ZOOM HEARING AND CHANGING TIME OF HEARING. Initial Case Management Conference reset from 6/14/2022, at 1:30 PM to 6/14/2022, at 3:00 PM 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/emcGeneral Order 58. b> 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/. (This is a text-only entry generated by the court. There is no document associated with thi s entry.) (vla, COURT STAFF) (Filed on 6/10/2022) |
| Filing 25 JOINT CASE MANAGEMENT STATEMENT filed by Freedom Mortgage Corporation, Gregory E. Middleman, Michael B. Middleman, Stanley C. Middleman, Xpanse, LLC. (Haring, Craig) (Filed on 6/7/2022) |
| Filing 24 Proposed Order re #22 Brief, #23 Declaration in Support, #21 MOTION to Dismiss Countercomplaint by Rahul Mewawalla. (Kitchin, Patrick) (Filed on 6/6/2022) |
| Filing 23 Declaration of Rahul Mewawalla in Support of #22 Brief, #21 MOTION to Dismiss Countercomplaint filed by Rahul Mewawalla. (Related document(s) #22 , #21 ) (Kitchin, Patrick) (Filed on 6/6/2022) |
| Filing 22 Brief in Support #21 MOTION to Dismiss Countercomplaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) filed by Rahul Mewawalla. (Kitchin, Patrick) (Filed on 6/6/2022) Modified on 6/7/2022 (slh, COURT STAFF). |
| Filing 21 NOTICE OF MOTION AND MOTION TO DISMISS COUNTERCOMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(6) filed by Rahul Mewawalla. Motion Hearing set for 7/14/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M Chen. Responses due by 6/20/2022. Replies due by 6/27/2022. (Kitchin, Patrick) (Filed on 6/6/2022) |
| Filing 20 ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against Rahul Mewawalla byFreedom Mortgage Corporation, Michael B. Middleman, Xpanse, LLC, Stanley C. Middleman, Gregory E. Middleman. (Beral, Arash) (Filed on 5/16/2022) |
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Filing 19
ORDER by Judge Edward M. Chen Granting in Part and Denying in Part #12 Defendants' Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 5/2/2022)
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Filing 18
Order. Signed 3/16/2022 by Judge Edward M. Chen granting #17 Stipulation To Continue Initial Case Mgmt Conference.(klh, COURT STAFF) (Filed on 3/16/2022)
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| See Order #18 Set Deadlines/Hearings: Case Management Statement due by 6/7/2022. Initial Case Management Conference set for 6/14/2022 01:30 PM 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/emcCounsel shall log into the Zoom Webinar by 1:00 P M.General 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/. (klh, COURT STAFF) (Filed on 3/16/2022) |
| Filing 17 STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference filed by Erik L. Anderson, Archwell Holdings, LLC, Archwell Management, LLC, Archwell Solutions, LLC, Freedom Mortgage Corporation, Keystone B2B, LLC, Gregory E. Middleman, Michael B. Middleman, Stanley C. Middleman, Xpanse, LLC. (Attachments: #1 Declaration of Craig N. Haring, #2 Proposed Order)(Beral, Arash) (Filed on 3/14/2022) |
| Filing 16 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing set for 2/3/2022 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 2/1/202 2) |
| Filing 15 REPLY (re #12 MOTION to Dismiss ) filed byErik L. Anderson, Archwell Holdings, LLC, Archwell Management, LLC, Archwell Solutions, LLC, Freedom Mortgage Corporation, Keystone B2B, LLC, Gregory E. Middleman, Michael B. Middleman, Stanley C. Middleman, Xpanse, LLC. (Beral, Arash) (Filed on 1/13/2022) |
| Filing 14 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss ) filed byRahul Mewawalla. (Attachments: #1 Declaration of Rahul Mewawalla in Support of Opposition to Motion to Dismiss, #2 Declaration of Patrick R. Kitchin in Support of Opposition to Motion to Dismiss)(Kitchin, Patrick) (Filed on 1/6/2022) |
| Filing 13 DEMAND for Trial by Jury by Rahul Mewawalla. (Kitchin, Patrick) (Filed on 12/28/2021) |
| Filing 12 MOTION to Dismiss filed by Erik L. Anderson, Archwell Holdings, LLC, Archwell Management, LLC, Archwell Solutions, LLC, Freedom Mortgage Corporation, Keystone B2B, LLC, Gregory E. Middleman, Michael B. Middleman, Stanley C. Middleman, Xpanse, LLC. Motion Hearing set for 2/3/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 1/6/2022. Replies due by 1/13/2022. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants' Motion to Dismiss Plaintiff's Complaint Pursuant to Federal Rules of Civil Procedure 12(B)(2) and (6), #2 Declaration of Stanley C. Middleman in Support of Defendants' Motion to Dismiss Plaintiff's Complaint, #3 Declaration of Gregory E. Middleman in Support of Defendants' Motion to Dismiss Plaintiff's Complaint, #4 Declaration of Michael B. Middleman in Support of Defendants' Motion to Dismiss Plaintiff's Complaint, #5 Declaration of Erik L. Anderson in Support of Defendants' Motion to Dismiss Plaintiff's Complaint, #6 Proposed Order)(Beral, Arash) (Filed on 12/23/2021) |
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Filing 11
CASE MANAGEMENT CONFERENCE ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 4/12/2022 01:30 PM in San Francisco, - Videoconference Only. Joint Case Management Statement due by 4/5/2022. Signed by Judge Edward M. Chen on 12/23/2021. (afm, COURT STAFF) (Filed on 12/23/2021)
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| Filing 10 Case reassigned to Judge Edward M. Chen. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Susan Van Keulen no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 12/17/2021) |
| Filing 9 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bw, COURT STAFF) (Filed on 12/17/2021) |
| Filing 8 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. (jhf, COURT STAFF) (Filed on 12/17/2021)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 7 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Erik L. Anderson, Archwell Holdings, LLC, Archwell Management, LLC, Archwell Solutions, LLC, Freedom Mortgage Corporation, Gregory E. Middleman, Michael B. Middleman, Stanley C. Middleman, Xpanse, LLC.. (Beral, Arash) (Filed on 12/17/2021) |
| Filing 6 NOTICE of Appearance by Caroline Donelan (Donelan, Caroline) (Filed on 12/16/2021) |
| Filing 5 NOTICE of Appearance by Craig Nelson Haring (Haring, Craig) (Filed on 12/16/2021) |
| Filing 4 CERTIFICATE OF SERVICE by Erik L. Anderson, Archwell Holdings, LLC, Archwell Management, LLC, Archwell Solutions, LLC, Freedom Mortgage Corporation, Keystone B2B, LLC, Gregory E. Middleman re #2 Certificate of Interested Entities,, #1 Notice of Removal, (Beral, Arash) (Filed on 12/16/2021) |
| Filing 3 Case assigned to Magistrate Judge Susan van Keulen. 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 12/30/2021. (as, COURT STAFF) (Filed on 12/16/2021) |
| Filing 2 Certificate of Interested Entities by Erik L. Anderson, Archwell Holdings, LLC, Archwell Management, LLC, Archwell Solutions, LLC, Freedom Mortgage Corporation, Keystone B2B, LLC, Gregory E. Middleman identifying Corporate Parent Michael B. Middleman Family Trust and Gregory E. Middleman Family Trust for Archwell Holdings, LLC, Archwell Management, LLC, Archwell Solutions, LLC, Erik L. Anderson, Freedom Mortgage Corporation, Gregory E. Middleman, Keystone B2B, LLC. (Beral, Arash) (Filed on 12/16/2021) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Santa Clara. Their case number is 21CV388444. (Filing Fee: ). Filed by Freedom Mortgage Corporation, Keystone B2B, LLC, Michael B. Middleman, Xpanse, LLC, Archwell Solutions, LLC, Stanley C. Middleman, Archwell Holdings, LLC, Gregory E. Middleman, Archwell Management, LLC, Erik L. Anderson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Beral, Arash) (Filed on 12/16/2021) |
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