Foley v. US Bank National Association et al
| David R. Foley |
| US Bank National Association, Truman 2016 SC6 Title Trust and Attorney Lender Services, Inc. |
| 3:2023cv00877 |
| February 27, 2023 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on September 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 28 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss Plaintiff's Complaint ) (Supplemental) filed byDavid R. Foley. (Foley, David) (Filed on 4/26/2023) |
| Filing 27 CLERK'S NOTICE VACATING 4/27/2023 MOTION HEARING RE #25 Motion to Dismiss. The Court will issue a written ruling based on the motion and responsive briefs. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 4/26/2023)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 26 CLERK'S NOTICE RE #25 , PROVIDING ZOOM ACCESS AND REQUIRING ADVANCE REGISTRATION OF COUNSEL. #7 MOTION to Dismiss Plaintiff's Complaint Hearing reset for 4/27/2023 at 01:00 PM in San Francisco, - Videoconference Only before Judge Vince Chhabria. 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/vc 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 and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, April 21, 2023 by 12:00 PM.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 4/19/2023)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 25
Order by Judge Vince Chhabria granting #24 Joint Administrative Motion to Consider Appearance via Zoom. (bxs, COURT STAFF) (Filed on 4/19/2023)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 24 Joint ADMINISTRATIVE MOTION to Consider Appearance via Zoom re 18 Clerk's Notice, Set Motion and Deadlines/Hearings, #7 MOTION to Dismiss Plaintiff's Complaint filed by Truman 2016 SC6 Title Trust, US Bank National Association. Responses due by 4/17/2023. (Attachments: #1 Proposed Order) (Morris, Darlene) (Filed on 4/12/2023) Modified on 4/12/2023 (kmg, COURT STAFF). |
| Filing 23 REPLY (re #7 MOTION to Dismiss Plaintiff's Complaint ) filed by Truman 2016 SC6 Title Trust, US Bank National Association. (Morris, Darlene) (Filed on 4/7/2023) Modified on 4/7/2023 (kmg, COURT STAFF). |
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Filing 22
Order by Judge Vince Chhabria finding as moot #10 #21 Motion to Consolidate Cases. (vclc1, COURT STAFF) (Filed on 4/5/2023)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 21 MOTION to Consolidate Cases filed by David R. Foley. Motion Hearing set for 5/4/2023 01:00 PM in San Francisco, Courtroom 05, 17th Floor before Judge Vince Chhabria. Responses due by 4/13/2023. Replies due by 4/20/2023. (Attachments: #1 Proposed Order)(Foley, David) (Filed on 3/30/2023) |
| Filing 20 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss Plaintiff's Complaint ) filed byDavid R. Foley. (Foley, David) (Filed on 3/24/2023) |
| Filing 19 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss Plaintiff's Complaint ) filed byDavid R. Foley. (Foley, David) (Filed on 3/23/2023) |
| Filing 18 CLERK'S NOTICE RE #16 . #7 MOTION to Dismiss Plaintiff's Complaint Hearing set for 4/27/2023 at 10:00 AM in San Francisco, Courtroom 05 , 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 3/17/2023)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 17 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Chhabria's available dates, which are listed on his webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Case Management Statement due by 5/26/2023. Initial Case Management Conference set for 6/2/2023 at 10:00 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/vc 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 and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, May 26, 2023 by 10:00 AM.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/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(bxs, COURT STAFF) (Filed on 3/17/2023)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 16 Renotice motion hearing re #7 MOTION to Dismiss Plaintiff's Complaint filed byTruman 2016 SC6 Title Trust. (Related document(s) #7 ) (Morris, Darlene) (Filed on 3/17/2023) |
| Filing 15 Case REASSIGNED to Judge Vince Chhabria for all further proceedings. 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 Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 3/17/2023. (Attachments: #1 Notice of Eligibility for Video Recording) (bw, COURT STAFF) (Filed on 3/17/2023) |
| Filing 14 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 #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 3/17/2023) |
| Filing 13 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (lmh, COURT STAFF) (Filed on 3/16/2023)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 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by David R. Foley. (lmh, COURT STAFF) (Filed on 3/16/2023) |
| Filing 11 **SEE Dkt. #12 Completed Consent/Declination Form. (Filed on 3/14/2023) Modified on 3/16/2023 (lmh, COURT STAFF). |
| Filing 10 MOTION to Consolidate Cases filed by David R. Foley. Responses due by 3/21/2023. Replies due by 3/28/2023. (kmg, COURT STAFF) (Filed on 3/7/2023) |
| Filing 9 CLERK'S NOTICE RE: Consent or Declination. Plaintiff is requested to file a consent or declination to proceed before a magistrate judge by 3/14/2023. 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. (lmh, COURT STAFF) (Filed on 3/7/2023)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 8 Request for Judicial Notice re #7 MOTION to Dismiss Plaintiff's Complaint filed byTruman 2016 SC6 Title Trust. (Attachments: #1 Exhibits 1-12)(Related document(s) #7 ) (Morris, Darlene) (Filed on 3/6/2023) |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint filed by Truman 2016 SC6 Title Trust. Motion Hearing set for 4/19/2023 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 3/20/2023. Replies due by 3/27/2023. (Attachments: #1 Proposed Order)(Morris, Darlene) (Filed on 3/6/2023) |
| Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Truman 2016 SC6 Title Trust.. (Morris, Darlene) (Filed on 3/6/2023) |
| Filing 5 CERTIFICATE OF SERVICE by Truman 2016 SC6 Title Trust re 3 Case Assigned by Intake,, #4 Initial Case Management Scheduling Order with ADR Deadlines, (Morris, Darlene) (Filed on 2/28/2023) |
| Filing 3 Case assigned to Magistrate Judge Nathanael M. Cousins. 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 3/14/2023. (ark, COURT STAFF) (Filed on 2/28/2023) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/24/2023. Initial Case Management Conference set for 5/31/2023 10:00 AM in San Jose, Courtroom 5, 4th Floor. (kmg, COURT STAFF) (Filed on 2/27/2023)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 2 Certificate of Interested Entities by Truman 2016 SC6 Title Trust identifying Corporate Parent U.S. Bancorp, Other Affiliate U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust for Truman 2016 SC6 Title Trust. (Morris, Darlene) (Filed on 2/27/2023) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara Superior Court. Their case number is 22CV401191. (Filing fee $402 receipt number ACANDC-18025703). Filed byTruman 2016 SC6 Title Trust. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Morris, Darlene) (Filed on 2/27/2023) |
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