Shelton v. Comerica Bank et al
| Joan Shelton |
| Comerica Bank, Conduent Business Services, LLC and Comerica Bank national banking association, d/b/a DIRECT EXPRESS |
| 3:2023cv02815 |
| June 7, 2023 |
| US District Court for the Northern District of California |
| William Alsup |
| Banks and Banking |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 33 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification By Parties And Counsel (Turbenson, Mitchell) (Filed on 8/3/2023) |
| Filing 32 STIPULATION and Proposed Order selecting Private ADR by Joan Shelton filed by Joan Shelton. (Wilcox, Ronald) (Filed on 8/3/2023) |
| Filing 31 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Wilcox, Ronald) (Filed on 8/3/2023) |
| Filing 30 JOINT CASE MANAGEMENT STATEMENT filed by Joan Shelton. (Wilcox, Ronald) (Filed on 8/3/2023) |
| Filing 29 REPLY (re #12 MOTION to Dismiss Defendants Conduent Business Services, LLC's and Comerica Bank's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule 12(B)(6) ) filed byComerica Bank, Conduent Business Services, LLC. (Turbenson, Mitchell) (Filed on 7/26/2023) |
| Filing 28 RESPONSE re #13 Request for Judicial Notice,, by Joan Shelton. (Attachments: #1 Exhibit 1: Declaration Of Joan Shelton In Support Of Plaintiff's Opposition To Defendants' Request For Judicial Notice)(Wilcox, Ronald) (Filed on 7/19/2023) |
| Filing 27 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss Defendants Conduent Business Services, LLC's and Comerica Bank's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule 12(B)(6) ) filed byJoan Shelton. (Wilcox, Ronald) (Filed on 7/19/2023) |
| Filing 26 NOTICE by Joan Shelton of Appearance by Sophia Wang, Esq., Miguel Soto, Esq., Desiree Nguyen Orth, Esq., and Kara Acevedo, Esq. (Wilcox, Ronald) (Filed on 7/17/2023) |
Filing 25
ORDER by Judge William Alsup granting #24 Motion for Pro Hac Vice. (afm, COURT STAFF) (Filed on 7/7/2023)
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| Filing 24 MOTION for leave to appear in Pro Hac Vice for John C. Grugan ( Filing fee $ 317, receipt number ACANDC-18392346.) Filing fee previously paid on 6/26/2023 filed by Comerica Bank, Conduent Business Services, LLC. (Attachments: #1 Certificate of Good Standing)(Grugan, John) (Filed on 7/5/2023) |
| Set/Reset Deadlines as to #12 MOTION to Dismiss. Responses due by 7/19/2023. Replies due by 7/26/2023. Motion Hearing reset for 8/24/2023 08:00 AM in San Francisco, Courtroom 12, 19th Floor before Judge William Alsup. Initial Case Management Conference reset for 8/24/2023 08:00 AM in San Francisco, Courtroom 12, 19th Floor. (afm, COURT STAFF) (Filed on 7/3/2023) |
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Filing 23
ORDER ADOPTING #22 STIPULATION TO MODIFY BRIEFING SCHEDULE. Signed by Judge Alsup. (whalc1, COURT STAFF) (Filed on 7/2/2023)
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| Filing 22 STIPULATION WITH PROPOSED ORDER re #13 Request for Judicial Notice,, #12 MOTION to Dismiss Defendants Conduent Business Services, LLC's and Comerica Bank's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule 12(B)(6), 20 Clerk's Notice,,, Set Motion and Deadlines/Hearings,, filed by Joan Shelton. (Attachments: #1 Declaration of Ronald Wilcox ISO Joint Stipulation)(Wilcox, Ronald) (Filed on 6/29/2023) |
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Filing 21
ORDER DENYING #18 PRO HAC VICE APPLICATION. Signed by Judge William Alsup on 6/28/2023. (afm, COURT STAFF) (Filed on 6/28/2023)
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| Filing 20 CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE AND MOTION TO DISMISS ON REASSIGNMENT: Hearing re: Initial Case Management Conference and motion hearing re #12 MOTION to Dismiss Defendants Conduent Business Services, LLC's and Comerica Bank's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule 12(B)(6) RESET for 8/10/2023 08:00 AM in San Francisco, Courtroom 12, 19th Floor. Joint Case Management Statement due by 8/3/2023. Motion briefing deadlines shall remain unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.)(afm, COURT STAFF) (Filed on 6/27/2023) |
| Filing 19 NOTICE by Comerica Bank, Conduent Business Services, LLC re #17 Order Reassigning Case,,, Case Assigned/Reassigned,, #12 MOTION to Dismiss Defendants Conduent Business Services, LLC's and Comerica Bank's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule 12(B)(6) Re-Notice Of Defendants Conduent Business Services, LLC's And Comerica Bank's Motion To Dismiss Plaintiff's First Amended Complaint Pursuant To Federal Rule 12(B)(6) (Turbenson, Mitchell) (Filed on 6/27/2023) |
| Filing 18 MOTION for leave to appear in Pro Hac Vice for John C. Grugan ( Filing fee $ 317, receipt number ACANDC-18392346.) filed by Comerica Bank, Conduent Business Services, LLC. (Attachments: #1 Certificate of Good Standing)(Grugan, John) (Filed on 6/26/2023) |
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Filing 17
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William Alsup for all further proceedings. Magistrate Judge Laurel Beeler 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 6/23/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 6/23/2023)
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| Filing 16 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now 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. (shy, COURT STAFF) (Filed on 6/22/2023) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Joan Shelton.. (Wilcox, Ronald) (Filed on 6/21/2023) |
| Filing 14 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination. Plaintiffs shall file a consent or declination to proceed before a magistrate judge by 6/28/2023. 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. (shy, COURT STAFF) (Filed on 6/21/2023) |
| Filing 13 Request for Judicial Notice re #12 MOTION to Dismiss Defendants Conduent Business Services, LLC's and Comerica Bank's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule 12(B)(6) Defendants Conduent Business Services, LLC's and Comerica Bank's Request for Judicial Notice and Incorporation by Reference in Support of Motion to Dismiss Plaintiff's First Amended Complaint filed byComerica Bank, Conduent Business Services, LLC. (Related document(s) #12 ) (Turbenson, Mitchell) (Filed on 6/21/2023) |
| Filing 12 MOTION to Dismiss Defendants Conduent Business Services, LLC's and Comerica Bank's Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint Pursuant to Federal Rule 12(B)(6) filed by Comerica Bank, Conduent Business Services, LLC. Motion Hearing set for 7/27/2023 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 7/5/2023. Replies due by 7/12/2023. (Attachments: #1 Declaration Declaration of Janell Solis, #2 Exhibit A, #3 Proposed Order)(Turbenson, Mitchell) (Filed on 6/21/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Comerica Bank, Conduent Business Services, LLC.. (Turbenson, Mitchell) (Filed on 6/21/2023) |
| Filing 10 STIPULATION Joint Stipulation For Extension Of Time To Respond To Complaint filed by Comerica Bank, Conduent Business Services, LLC. (Turbenson, Mitchell) (Filed on 6/14/2023) |
| Filing 9 NOTICE by Comerica Bank, Conduent Business Services, LLC re #8 Initial Case Management Scheduling Order with ADR Deadlines, Notice of Service (Turbenson, Mitchell) (Filed on 6/8/2023) |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/31/2023. Initial Case Management Conference set for 9/7/2023 11:00 AM in San Francisco, Courtroom B, 15th Floor. (ark, COURT STAFF) (Filed on 6/8/2023) |
| Filing 7 NOTICE by Comerica Bank, Conduent Business Services, LLC Notice of Service (Turbenson, Mitchell) (Filed on 6/8/2023) |
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Filing 6
Order by Magistrate Judge Laurel Beeler granting #4 Motion for Pro Hac Vice. Attorney Jenny N. Perkins representing Defendants. (ejk, COURT STAFF) (Filed on 6/8/2023)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 5 Case assigned to Magistrate Judge Laurel Beeler. 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 6/22/2023. (ark, COURT STAFF) (Filed on 6/8/2023) |
| Filing 4 MOTION for leave to appear in Pro Hac Vice for Jenny N. Perkins ( Filing fee $ 317, receipt number ACANDC-18340587.) filed by Comerica Bank, Conduent Business Services, LLC. (Attachments: #1 Supplement Certificate of Good Standing)(Perkins, Jenny) (Filed on 6/8/2023) |
| Filing 3 Certificate of Interested Entities by Comerica Bank Comerica Bank's Certificate of Interested Entities and Persons (Turbenson, Mitchell) (Filed on 6/7/2023) |
| Filing 2 Certificate of Interested Entities by Conduent Business Services, LLC Conduent Business Services, LLC's Certificate of Interested Entities and Persons (Turbenson, Mitchell) (Filed on 6/7/2023) |
| Filing 1 NOTICE OF REMOVAL Notice of Removal from Alameda County Superior Court. Their case number is 23CV029575. (Filing fee $402 receipt number ACANDC-18339513). Filed byConduent Business Services, LLC, Comerica Bank. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Turbenson, Mitchell) (Filed on 6/7/2023) |
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