Menasco et al v. NewRez LLC et al
| James Menasco and Nikii Torres Menasco |
| Newrez LLC dba Shellpoint Mortgage Servicing, National Fire and Marine Insurance Company, Proctor Financial, Inc. and NewRez LLC a limited liability company doing business as Shellpoint Mortgage Servicing |
| 3:2022cv02369 |
| April 15, 2022 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Insurance |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on June 9, 2022. A more recent docket listing may be available from PACER.
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Filing 19
ORDER by Judge Jacqueline Scott Corley granting as modified #18 Stipulation to Attend Mediation, to Dismiss Without Prejudice, to Continue all Hearing Dates. Case Management Statement due by 9/22/2022. Initial Case Management Conference reset for 9/29/2022 at 1:30 p.m. by Zoom videoconference. (ahm, COURT STAFF) (Filed on 6/9/2022)
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| CASE REFERRED to Mediation. (ahm, COURT STAFF) (Filed on 6/9/2022) |
| CASE REFERRED to Private ADR, to be completed by July 29, 2022. (ahm, COURT STAFF) (Filed on 6/9/2022) Modified on 6/9/2022 (ahm, COURT STAFF). |
| Filing 18 STIPULATION WITH PROPOSED ORDER filed by James Menasco, Nikii Torres Menasco. (Attachments: #1 Proposed Order)(Thomas, Randy) (Filed on 6/8/2022) |
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Filing 17
ORDER RESOLVING DIVERSITY JURISDICTION ISSUE. Signed by Judge Jacqueline Scott Corley on 5/18/2022. (ahm, COURT STAFF) (Filed on 5/18/2022)
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| Filing 16 Supplemental Brief in Support of #1 Notice of Removal filed byNational Fire and Marine Insurance Company, Proctor Financial, Inc.. (Attachments: #1 Supplemental Declaration of Scott P. Ward)(Ward, Scott) (Filed on 5/16/2022) Modified on 5/17/2022 (mcl, COURT STAFF). |
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Filing 15
ORDER RE: DIVERSITY JURISDICTION. Signed by Judge Jacqueline Scott Corley on 5/9/2022. (ahm, COURT STAFF) (Filed on 5/9/2022)
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| Filing 14 CLERK'S NOTICE RESETTING MOTION HEARING DATE. Defendant's #8 Motion to Dismiss Pursuant to Rule 12(b)(6) reset for 6/16/2022 at 9:00 a.m. before Judge Jacqueline Scott Corley via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 6/15/2022.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/. (ahm, COURT STAFF) (Filed on 5/3/2022) Modified on 5/3/2022 (ahm, COURT STAFF). |
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Filing 13
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Sallie Kim 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 Clerk on 05/03/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 5/3/2022)
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| Filing 12 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. (mkl, COURT STAFF) (Filed on 5/3/2022) |
| Set Deadlines/Hearings: Joint Case Management Statement due by 7/21/2022. Initial Case Management Conference reset for 7/28/2022 at 2:30 p.m. via a Zoom webinar.Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than 12:00 p.m. on 7/27/2022.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/. (ahm, COURT STAFF) (Filed on 5/3/2022) |
| Filing 11 DEMAND for Trial by Jury by National Fire and Marine Insurance Company, Proctor Financial, Inc.. (Ward, Scott) (Filed on 4/29/2022) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by National Fire and Marine Insurance Company, Proctor Financial, Inc... (Ward, Scott) (Filed on 4/29/2022) |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 4/29/2022. 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 4/29/2022. (mkl, COURT STAFF) (Filed on 4/22/2022) |
| Filing 8 MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by National Fire and Marine Insurance Company, Proctor Financial, Inc.. Motion Hearing set for 6/6/2022 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Sallie Kim. Responses due by 5/6/2022. Replies due by 5/13/2022. (Attachments: #1 Declaration of Scott P. Ward, #2 Request for Judicial Notice, #3 Proposed Order)(Ward, Scott) (Filed on 4/22/2022) |
| Filing 7 NOTICE by National Fire and Marine Insurance Company, Proctor Financial, Inc. of Magistrate Judge Sallie Kim's General Standing Order (Ward, Scott) (Filed on 4/20/2022) |
| Filing 6 CERTIFICATE OF SERVICE by National Fire and Marine Insurance Company, Proctor Financial, Inc. of Notice to Adverse Party of Removal to Federal Court (Ward, Scott) (Filed on 4/20/2022) |
| Filing 5 Certificate of Interested Entities by National Fire and Marine Insurance Company, Proctor Financial, Inc. identifying Corporate Parent New Residential Investment Corp. for NewRez LLC; Corporate Parent Brown & Brown, Inc. for Proctor Financial, Inc.; Corporate Parent Berkshire Hathaway for National Fire and Marine Insurance Company. (Ward, Scott) (Filed on 4/18/2022) Modified on 4/19/2022 (mcl, COURT STAFF). |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/11/2022. Initial Case Management Conference set for 7/18/2022 01:30 PM. (mcl, COURT STAFF) (Filed on 4/18/2022) |
| Filing 3 Case assigned to Magistrate Judge Sallie Kim. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 5/2/2022. (as, COURT STAFF) (Filed on 4/18/2022) |
| #Electronic filing error. Filer did not add all interested parties when prompted. Re-file this document in its entirety and when prompted, do not bypass the screen, enter all affiliates or corporate parents.This filing will not be processed by the clerks office.Re: #2 Certificate of Interested Entities filed by Proctor Financial, Inc., National Fire and Marine Insurance Company. (mcl, COURT STAFF) (Filed on 4/18/2022) |
| Filing 2 Certificate of Interested Entities by National Fire and Marine Insurance Company, Proctor Financial, Inc. (Ward, Scott) (Filed on 4/15/2022) |
| Filing 1 NOTICE OF REMOVAL of Entire Action Pursuant to 28 U.S.C. Section 1441(b) from Alameda County Superior Court. Their case number is 22CV007938. (Filing fee $402 receipt number ACANDC-17091961). Filed byProctor Financial, Inc., National Fire and Marine Insurance Company. (Attachments: #1 Declaration of Scott P. Ward, #2 * copy of Complaint attached - Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration, #7 Exhibit 6 to Declaration, #8 Civil Cover Sheet)(Ward, Scott) (Filed on 4/15/2022) Modified on 4/18/2022 (mcl, COURT STAFF). |
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