Axia Financial, LLC v. Mason McDuffie Mortgage Co.
| Axia Financial, LLC doing business as Axia Home Loans |
| Mason McDuffie Mortgage Co. |
| 3:2023cv03256 |
| June 29, 2023 |
| US District Court for the Northern District of California |
| Sallie Kim |
| Trina L Thompson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 26, 2023. A more recent docket listing may be available from PACER.
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| Filing 35 Transcript of Proceedings held on 08/22/23, before Judge Magistrate Judge Sallie Kim. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 8:59 - 9:07. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re #32 Transcript Order ) Redaction Request due 9/18/2023. Redacted Transcript Deadline set for 9/26/2023. Release of Transcript Restriction set for 11/24/2023. (Related documents(s) #32 ) (Jauregui, Tara) (Filed on 8/26/2023) |
| Filing 34 REPLY (re #17 MOTION to Dismiss Plaintiff's Complaint ) filed byMason McDuffie Mortgage Co.. (Al-Sarraf, Amin) (Filed on 8/25/2023) |
| Filing 33 REPLY (re #20 MOTION for Preliminary Injunction ) filed byAxia Financial, LLC. (Schwartz, Eric) (Filed on 8/25/2023) |
| Filing 32 TRANSCRIPT ORDER for proceedings held on 8/22/2023 by Mason McDuffie Mortgage Co., for Court Reporter Recorded Proceeding - San Francisco. (Al-Sarraf, Amin) (Filed on 8/23/2023) |
| Filing 31 Minute Entry for proceedings held by Zoom before Magistrate Judge Sallie Kim: Motion Hearing held on 8/22/2023 re #21 Ex Parte Application And Ex Parte Motion For Leave to Take Limited Expedited Discovery; Memorandum of Points and Authorities In Support Thereof filed by Axia Financial, LLC. The Court grants in part the #21 Application by Plaintiff for expedited discovery. Defendant must produce any documents that Plaintiff's former employees took to Defendant in 2023, by 9/12/2023. Plaintiff may take the deposition of Bartolomucci, Ryan Schaffer, and the CEO of Defendant. Each deposition will take no more than two hours. The depositions must be concluded by 9/22/2023. Digital Recording Time: 8:59-9:07. Attorneys for Plaintiff: Eric Schwartz, Giles Judd, and Marissa Hernandez. Attorneys for Defendant: Nina Huerta and Amin Al-Sarraf. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Date Filed: 8/22/2023) Proceedings transcribed by Tara Jauregui of Echo Reporting (echoreporting@yahoo.com). (bns, COURT STAFF). |
| Filing 30 Request for Judicial Notice re #29 Opposition/Response to Motion, filed byMason McDuffie Mortgage Co.. (Related document(s) #29 ) (Huerta, Nina) (Filed on 8/18/2023) |
| Filing 29 OPPOSITION/RESPONSE (re #20 MOTION for Preliminary Injunction ) filed byMason McDuffie Mortgage Co.. (Attachments: #1 Declaration of Chuck Iverson, #2 Declaration of Don Bartolomucci, #3 Declaration of Jennifer Patrick, #4 Declaration of Kathy Weaver, #5 Declaration of Marisa Gotsch, #6 Declaration of Sue Hall)(Huerta, Nina) (Filed on 8/18/2023) |
| Filing 28 OPPOSITION/RESPONSE (re #17 MOTION to Dismiss Plaintiff's Complaint ) Axia Financial, LLC's Opposition to Mason McDuffie Mortgage, Co.'s Motion To Dismiss filed byAxia Financial, LLC. (Schwartz, Eric) (Filed on 8/18/2023) |
| Filing 27 NOTICE of Appearance by Giles Judd on Behalf of Plaintiff Axia Financial, LLC (Judd, Giles) (Filed on 8/18/2023) |
| Filing 26 CLERK'S NOTICE Setting Hearing: Motion Hearing Re: #21 Ex Parte Application And Ex Parte Motion For Leave to Take Limited Expedited Discovery set for 8/22/2023 09:00 AM in San Francisco - Videoconference Only before Magistrate Judge Sallie Kim. 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/sk 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.)(mkl, COURT STAFF) (Filed on 8/15/2023) |
| Filing 25 NOTICE OF REFERRAL FOR DISCOVERY. Signed by Magistrate Judge Sallie Kim on 8/14/2023. (mkl, COURT STAFF) (Filed on 8/14/2023) |
Filing 24
ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR DISCOVERY. Signed by Judge Trina L. Thompson on 8/10/2023. (rfm, COURT USER) (Filed on 8/10/2023)
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| CASE REFERRED to Magistrate Judge Sallie Kim for Discovery (mkl, COURT STAFF) (Filed on 8/10/2023) |
| Filing 23 OPPOSITION/RESPONSE (re #21 Ex Parte Application And Ex Parte Motion For Leave to Take Limited Expedited Discovery; Memorandum of Points and Authorities In Support Thereof ) filed byMason McDuffie Mortgage Co.. (Al-Sarraf, Amin) (Filed on 8/9/2023) |
| Filing 22 Proposed Order re #17 MOTION to Dismiss Plaintiff's Complaint by Mason McDuffie Mortgage Co.. (Huerta, Nina) (Filed on 8/7/2023) |
| Filing 21 Ex Parte Application And Ex Parte Motion For Leave to Take Limited Expedited Discovery; Memorandum of Points and Authorities In Support Thereof filed by Axia Financial, LLC. (Attachments: #1 Proposed Order Granting Plaintiff's Ex Parte Motion For Leave To Take Limited Expedited Discovery)(Schwartz, Eric) (Filed on 8/4/2023) |
| Filing 20 MOTION for Preliminary Injunction filed by Axia Financial, LLC. Motion Hearing set for 11/7/2023 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. Responses due by 8/18/2023. Replies due by 8/25/2023. (Attachments: #1 Declaration of Kevin Hoyt In Support of Motion for Preliminary Injunction and Ex Parte Motion, #2 Exhibit A to Hoyt Declaration, #3 Exhibit B to Hoyt Declaration, #4 Declaration of Robert L. Petty In Support, #5 Exhibit C to Petty Declaration, #6 Exhibit D to Petty Declaration, #7 Declaration of Eric Schwartz In Support, #8 Exhibit 1 to Schwartz Declaration, #9 Exhibit 2 to Schwartz Declaration, #10 Exhibit 3 to Schwartz Declaration, #11 Exhibit 4 to Schwartz Declaration, #12 Exhibit 5 to Schwartz Declaration, #13 Proposed Order Granting Plaintiff's Motion For Preliminary Injunction)(Schwartz, Eric) (Filed on 8/4/2023) |
| Filing 19 CLERK'S NOTICE Continuing Motion Hearing as to #17 MOTION to Dismiss Plaintiff's Complaint. Motion Hearing set for 11/1/2023 is re-set for 11/7/2023 at 2:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 8/4/2023) |
| Filing 18 Certificate of Interested Entities by Mason McDuffie Mortgage Co. Defendant's Certification of Interested Persons or Entities (Local Rule 3-15) and Corporate Disclosure Statement (Huerta, Nina) (Filed on 8/4/2023) |
| Filing 17 MOTION to Dismiss Plaintiff's Complaint filed by Mason McDuffie Mortgage Co.. Motion Hearing set for 11/1/2023 02:00 PM before Judge Trina L Thompson. Responses due by 8/18/2023. Replies due by 8/25/2023. (Huerta, Nina) (Filed on 8/4/2023) |
| Filing 16 STIPULATION for Extension of Time for Defendant to Respond to Complaint filed by Mason McDuffie Mortgage Co.. (Al-Sarraf, Amin) (Filed on 7/21/2023) |
| Filing 15 CLERKS NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Trina L. Thompson upon reassignment. For a copy of Judge Thompson's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 10/12/2023 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 10/5/2023.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/trina-l-thompson/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.) (rfm, COURT USER) (Filed on 7/18/2023) |
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Filing 14
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Trina L Thompson for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case,. Signed by Clerk on 7/17/2023. (ark, COURT STAFF) (Filed on 7/17/2023)
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| 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 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. (jaf, COURT STAFF) (Filed on 7/17/2023) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Mason McDuffie Mortgage Co... (Al-Sarraf, Amin) (Filed on 7/14/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Axia Financial, LLC.. (Schwartz, Eric) (Filed on 7/12/2023) |
| Filing 10 NOTICE of Appearance by Marissa Hernandez (Hernandez, Marissa) (Filed on 7/7/2023) |
| Filing 9 NOTICE of Appearance by Chad Samuel Hummel (Hummel, Chad) (Filed on 7/7/2023) |
| Filing 8 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Standing Order for All Judges of the No. District of CA, Notice of Assignment of Case to a US Magistrate Judge, Civil Standing Order of Judge Spero, Standing Order re Covid-19 Procedures, ECF Reg. Information, Axia's Corporate Disclosure Statement, Order Setting Initial Case Management Statement Conference and ADR Deadlines, Axia's Certificate of Interested Parties served on John Radin, Registered Agent for Mason McDuffie Mortgage Co. on 07/03/2023, filed by Axia Financial, LLC. (Schwartz, Eric) (Filed on 7/7/2023) |
| Filing 7 Summons Issued as to Mason McDuffie Mortgage Co.. (far, COURT STAFF) (Filed on 6/30/2023) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/29/2023. Initial Case Management Conference set for 10/6/2023 02:00 PM in San Francisco, Courtroom F, 15th Floor. (far, COURT STAFF) (Filed on 6/30/2023) |
| Filing 5 Case assigned to Magistrate Judge Joseph C. Spero. 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 7/14/2023. (ark, COURT STAFF) (Filed on 6/30/2023) |
| Filing 4 Corporate Disclosure Statement by Axia Financial, LLC (Schwartz, Eric) (Filed on 6/29/2023) |
| Filing 3 Certificate of Interested Entities by Axia Financial, LLC (Schwartz, Eric) (Filed on 6/29/2023) |
| Filing 2 Proposed Summons. (Schwartz, Eric) (Filed on 6/29/2023) |
| Filing 1 COMPLAINT against Mason McDuffie Mortgage Co. ( Filing fee $ 402, receipt number ACANDC-18408888.). Filed byAxia Financial, LLC. (Attachments: #1 Civil Cover Sheet)(Schwartz, Eric) (Filed on 6/29/2023) |
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