Linton v. Axcess Financial Services, Inc.
| Lakisha Cole Linton |
| Axcess Financial Services, Inc. |
| 3:2023cv01832 |
| April 14, 2023 |
| US District Court for the Northern District of California |
| Charles R Breyer |
| Thomas S Hixson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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This docket was last retrieved on July 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 19 REPLY (re #14 MOTION to Remand ) filed by Lakisha Cole Linton. (Attachments: #1 Certificate/Proof of Service)(Dostart, Zachariah) (Filed on 5/22/2023) Modified on 5/23/2023 (anj, COURT STAFF). |
| Filing 18 OPPOSITION/RESPONSE (re #14 MOTION to Remand ) filed by Axcess Financial Services, Inc.. (Attachments: #1 Declaration Declaration of Kevin Vennemeyer in Support of Defendant Axcess Financial Services, Inc.'s Opposition to Plaintiff's Motion to Remand, #2 Proposed Order Proposed Order Denying Plaintiff's Motion to Remand)(Pearson, Scott) (Filed on 5/15/2023) Modified on 5/16/2023 (anj, COURT STAFF). |
| Filing 17 REPLY (re #8 Defendant Axcess Financial Services, Inc.'s Notice of Motion and Motion to Dismiss for Failure to Join an Indispensable Party, or in the Alternative, to Require that Plaintiff Obtain Joinder f ) filed by Axcess Financial Services, Inc.. (Pearson, Scott) (Filed on 5/12/2023) Modified on 5/15/2023 (anj, COURT STAFF). |
| Filing 16 OPPOSITION/RESPONSE (re #8 Defendant Axcess Financial Services, Inc.'s Notice of Motion and Motion to Dismiss for Failure to Join an Indispensable Party, or in the Alternative, to Require that Plaintiff Obtain Joinder f ) filed byLakisha Cole Linton. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Dostart, Zachariah) (Filed on 5/5/2023) |
| Filing 15 CLERK'S NOTICE VACATING MOTION TO DISMISS hearing set for June 23, 2023 before the Honorable Charles R. Breyer. Motion Hearing set for 6/30/2023 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 5/1/2023) |
| Filing 14 MOTION to Remand filed by Lakisha Cole Linton. Motion Hearing set for 6/30/2023 10:00 AM in San Francisco, Courtroom 6, 17th Floor, before Judge Charles R. Breyer. Responses due by 5/15/2023. Replies due by 5/22/2023. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Dostart, Zachariah) (Filed on 5/1/2023) Modified on 5/1/2023 (anj, COURT STAFF). |
| Filing 13 CLERK'S NOTICE. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion to Dismiss Hearing set for 6/23/2023 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. 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/crb 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 crbcrd@cand.uscourts.gov no later than June 20, 2023 at 3:00 PM PST.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/. Motion Hearing set for 6/23/2023 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 4/24/2023) |
Filing 12
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Thomas S. Hixson 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 4/24/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 4/24/2023)
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| Filing 11 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. (rmm2, COURT STAFF) (Filed on 4/24/2023) |
| Filing 10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lakisha Cole Linton.. (Dostart, Zachariah) (Filed on 4/24/2023) |
| Filing 9 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 4/28/2023. 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. (Party/parties were also notified via telephone or email.) (This is a text-only entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 4/21/2023) |
| Filing 8 Defendant Axcess Financial Services, Inc.'s Notice of Motion and Motion to Dismiss for Failure to Join an Indispensable Party, or in the Alternative, to Require that Plaintiff Obtain Joinder filed by Axcess Financial Services, Inc.. Motion Hearing set for 6/1/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Thomas S. Hixson. Responses due by 5/5/2023. Replies due by 5/12/2023. (Attachments: #1 Declaration of Kevin Vennemeyer, #2 Proposed Order)(Pearson, Scott) (Filed on 4/21/2023) Modified on 4/24/2023 (anj, COURT STAFF). |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/6/2023. Initial Case Management Conference set for 7/13/2023 10:00 AM in San Francisco, Courtroom E, 15th Floor. (anj, COURT STAFF) (Filed on 4/17/2023) |
| Filing 6 Case assigned to Magistrate Judge Thomas S. Hixson. 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 4/28/2023. (jml, COURT STAFF) (Filed on 4/14/2023) |
| Filing 5 CERTIFICATE OF SERVICE by Axcess Financial Services, Inc. re #1 Notice of Removal, #4 Civil Cover Sheet, #3 Certificate of Interested Entities, #2 Certificate of Interested Entities, (Pearson, Scott) (Filed on 4/14/2023) |
| Filing 4 Civil Cover Sheet by Axcess Financial Services, Inc. - Amended. (Pearson, Scott) (Filed on 4/14/2023) |
| Filing 3 Rule 7.1 Disclosures by Axcess Financial Services, Inc. identifying Corporate Parent Axcess Financial Holdings, Inc., Corporate Parent CNG Holdings, Corporate Parent CNG Financial Corp. for Axcess Financial Services, Inc.. (Pearson, Scott) (Filed on 4/14/2023) |
| Filing 2 Certificate of Interested Entities by Axcess Financial Services, Inc. identifying Corporate Parent Axcess Financial Holdings, Inc., Corporate Parent CNG Holdings, Corporate Parent CNG Financial Corp., Other Affiliate Capital Community Bank for Axcess Financial Services, Inc.. (Pearson, Scott) (Filed on 4/14/2023) |
| Filing 1 NOTICE OF REMOVAL from Alameda Superior Court. Their case number is 23CV028384. (Filing fee $402 receipt number ACANDC-18174169). Filed by Axcess Financial Services, Inc.. (Attachments: #1 Appendix of State Court Documents, #2 Declaration of Kevin Vennemeyer, #3 Civil Cover Sheet)(Pearson, Scott) (Filed on 4/14/2023) Modified on 4/17/2023 (anj, COURT STAFF). |
| #Electronic filing error. The Nature of Suit on the Civil Cover Sheet does not match the Nature of Suit entered when opening the case. Please e-file an Amended Civil Cover Sheet only. Event is located at: Other Filings > Other Documents > Civil Cover Sheet Re: [1-3] Re: #1 Notice of Removal, filed by Axcess Financial Services, Inc. (jml, COURT STAFF) (Filed on 4/14/2023) |
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| Plaintiff: Lakisha Cole Linton | |
| Represented By: | James T. Hannink |
| Represented By: | Zachariah Paul Dostart |
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| Defendant: Axcess Financial Services, Inc. | |
| Represented By: | Scott Michael Pearson |
| Represented By: | Christopher Ryan Fisher |
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