Silva-Roland et al v. The Bank of New York Mellon et al
| Jenny Silva-Roland and Edgar Cifuentes |
| The Bank of New York Mellon, Specialized Loan Servicing, LLC, Affinia Default Services, LLC and ServiceLink Agency Sales and Posting LLC |
| 3:2023cv04408 |
| August 25, 2023 |
| US District Court for the Northern District of California |
| Trina L Thompson |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 35 Request for Judicial Notice re #34 Reply to Opposition/Response filed byEdgar Cifuentes, Jenny Silva-Roland. (Related document(s) #34 ) (Goodell, Nelson) (Filed on 10/17/2023) |
| Filing 34 REPLY (re #20 MOTION to Remand ) filed byEdgar Cifuentes, Jenny Silva-Roland. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Goodell, Nelson) (Filed on 10/17/2023) |
| Filing 33 NOTICE by Edgar Cifuentes, Jenny Silva-Roland re #20 MOTION to Remand , #28 Order Reassigning Case,, Case Assigned/Reassigned, (Attachments: #1 Certificate/Proof of Service Proof of Service)(Goodell, Nelson) (Filed on 10/13/2023) |
| Filing 32 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 1/11/2024 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 1/4/2024.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 10/13/2023) |
| Filing 31 Renotice motion hearing re #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6) filed bySpecialized Loan Servicing, LLC, The Bank of New York Mellon. (Related document(s) #7 ) (Schneider, Timothy) (Filed on 10/13/2023) |
| Filing 30 NOTICE by ServiceLink Agency Sales and Posting LLC re #19 Joinder Amended Notice re Consent to Removal (Johnson, Josette) (Filed on 10/13/2023) |
| Filing 29 Renotice motion hearing re #15 MOTION to Dismiss Amended Notice re Motion to Dismiss filed byServiceLink Agency Sales and Posting LLC. (Related document(s) #15 ) (Johnson, Josette) (Filed on 10/13/2023) |
Filing 28
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 Kandis A. Westmore no longer assigned to case. Signed by The Clerk on 10/13/2023. (bar, COURT STAFF) (Filed on 10/13/2023)
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| Set/Reset Deadlines as to #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6). Motion Hearing set for 2/13/2024 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. (rfm, COURT USER) (Filed on 10/13/2023) |
| Set/Reset Deadlines as to #20 MOTION to Remand . Motion Hearing set for 2/13/2024 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. (rfm, COURT USER) (Filed on 10/13/2023) |
| Set/Reset Deadlines as to #15 MOTION to Dismiss . Motion Hearing set for 2/13/2024 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. (rfm, COURT USER) (Filed on 10/13/2023) |
| Filing 27 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. (wft, COURT STAFF) (Filed on 10/12/2023) |
| Filing 26 OPPOSITION/RESPONSE (re #20 MOTION to Remand ) filed bySpecialized Loan Servicing, LLC, The Bank of New York Mellon. (Schneider, Timothy) (Filed on 10/9/2023) |
| Filing 25 Request for Judicial Notice re #24 Opposition/Response to Motion filed byEdgar Cifuentes, Jenny Silva-Roland. (Related document(s) #24 ) (Goodell, Nelson) (Filed on 10/6/2023) |
| Filing 24 OPPOSITION/RESPONSE (re #15 MOTION to Dismiss ) filed byEdgar Cifuentes, Jenny Silva-Roland. (Attachments: #1 Certificate/Proof of Service Proof of Service)(Goodell, Nelson) (Filed on 10/6/2023) |
| Filing 23 CLERK'S NOTICE Re: Consent or Declination: Defendant Affinia Default Services, LLC shall file a consent or declination to proceed before a magistrate judge. 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 10/10/2023. (wft, COURT STAFF) (Filed on 10/3/2023) |
| Filing 22 NOTICE by Edgar Cifuentes, Jenny Silva-Roland re #13 Opposition/Response to Motion, (Attachments: #1 Certificate/Proof of Service Proof of Service)(Goodell, Nelson) (Filed on 9/28/2023) |
| Filing 21 Request for Judicial Notice re #20 MOTION to Remand filed byEdgar Cifuentes, Jenny Silva-Roland. (Related document(s) #20 ) (Goodell, Nelson) (Filed on 9/25/2023) |
| Filing 20 MOTION to Remand filed by Edgar Cifuentes, Jenny Silva-Roland. Motion Hearing set for 11/2/2023 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 10/10/2023. Replies due by 10/17/2023. (Attachments: #1 Declaration DECLARATION OF NELSON GOOD ELL IN SUPPORT OF MOTION TO REMAND AND REQUEST FOR ATTORNEYS FEES AND COSTS UNDER 28 U.S.C. 1447(C), #2 Certificate/Proof of Service Proof of Service)(Goodell, Nelson) (Filed on 9/25/2023) |
| Filing 19 Joinder re #1 Notice of Removal, Consent to Removal of Action by ServiceLink Agency Sales and Posting LLC. (Johnson, Josette) (Filed on 9/22/2023) |
| Filing 18 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by ServiceLink Agency Sales and Posting LLC.. (Johnson, Josette) (Filed on 9/22/2023) |
| Filing 17 REPLY (re #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6) ) filed bySpecialized Loan Servicing, LLC, The Bank of New York Mellon. (Schneider, Timothy) (Filed on 9/22/2023) |
| Filing 16 CLERK'S NOTICE Re: Consent or Declination: Defendant ServiceLink Agency Sales and Posting LLC shall file a consent or declination to proceed before a magistrate judge. 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 9/29/2023. (wft, COURT STAFF) (Filed on 9/22/2023) |
| Filing 15 MOTION to Dismiss filed by ServiceLink Agency Sales and Posting LLC. Motion Hearing set for 11/16/2023 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 11/2/2023. Replies due by 11/9/2023. (Attachments: #1 Appendix Request for Judicial Notice, #2 Proposed Order Proposed Order, #3 Certificate/Proof of Service Certificate of Service)(Johnson, Josette) (Filed on 9/22/2023) |
| Filing 14 Request for Judicial Notice re #13 Opposition/Response to Motion, filed byEdgar Cifuentes, Jenny Silva-Roland. (Related document(s) #13 ) (Goodell, Nelson) (Filed on 9/18/2023) |
| Filing 13 OPPOSITION/RESPONSE (re #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6) ) filed byEdgar Cifuentes, Jenny Silva-Roland. (Attachments: #1 Certificate/Proof of Service, #2 Declaration Declaration of Nelson Goodell Pursuant to California Northern District Local Rule 51(d)(5) of Technical Failure, #3 Certificate/Proof of Service)(Goodell, Nelson) (Filed on 9/18/2023) |
| Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Specialized Loan Servicing, LLC, The Bank of New York Mellon.. (Schneider, Timothy) (Filed on 9/8/2023) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Edgar Cifuentes, Jenny Silva-Roland.. (Attachments: #1 Certificate/Proof of Service)(Goodell, Nelson) (Filed on 9/8/2023) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. 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.) Consent/Declination due by 9/8/2023. (kc, COURT STAFF) (Filed on 9/1/2023) |
| Filing 9 Request for Judicial Notice re #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6) Corrected filed bySpecialized Loan Servicing, LLC, The Bank of New York Mellon. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4)(Related document(s) #7 ) (Schneider, Timothy) (Filed on 9/1/2023) |
| Filing 8 SEE DOCKET #8 FOR CORRECTED FILINGRequest for Judicial Notice re #7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6) filed bySpecialized Loan Servicing, LLC, The Bank of New York Mellon. (Related document(s) #7 ) (Schneider, Timothy) (Filed on 9/1/2023) Modified on 9/1/2023 (wsn, COURT STAFF). |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint Pursuant to Federal Rule of Civil Procedure 9(b) and 12(b)(6) filed by Specialized Loan Servicing, LLC, The Bank of New York Mellon. Motion Hearing set for 11/16/2023 01:30 PM in Oakland, - To be determined before Magistrate Judge Kandis A. Westmore. Responses due by 9/15/2023. Replies due by 9/22/2023. (Schneider, Timothy) (Filed on 9/1/2023) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/21/2023. Initial Case Management Conference set for 11/28/2023 01:30 PM in Oakland, - To be determined. (hdj, COURT STAFF) (Filed on 8/29/2023) |
| Filing 5 CERTIFICATE OF SERVICE by Specialized Loan Servicing, LLC, The Bank of New York Mellon re 4 Case Assigned by Intake,, (Schneider, Timothy) (Filed on 8/28/2023) |
| Filing 4 Case assigned to Magistrate Judge Kandis A. Westmore. 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 9/11/2023. (as, COURT STAFF) (Filed on 8/28/2023) |
| Filing 3 Joinder re #1 Notice of Removal, by Defendant Affinia Default Services, LLC by Specialized Loan Servicing, LLC, The Bank of New York Mellon. (Schneider, Timothy) (Filed on 8/25/2023) |
| Filing 2 Certificate of Interested Entities by Specialized Loan Servicing, LLC, The Bank of New York Mellon (Schneider, Timothy) (Filed on 8/25/2023) |
| Filing 1 NOTICE OF REMOVAL from San Francisco County Superior Court. Their case number is CGC-23-607732. (Filing fee $402 receipt number ACANDC-18586543). Filed bySpecialized Loan Servicing, LLC, The Bank of New York Mellon. (Attachments: #1 Exhibits 1-5, #2 Civil Cover Sheet)(Schneider, Timothy) (Filed on 8/25/2023) |
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