Krauss v. Rushmore Loan Management Services LLC et al
Plaintiff: Hector Krauss
Defendant: Rushmore Loan Management Services LLC and ELLINGTON FINANCIAL REIT LENDING CORP.
Case Number: 3:2023cv04511
Filed: August 31, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Jacqueline Scott Corley
Referring Judge: Sallie Kim
Nature of Suit: Real Property: Other
Cause of Action: 15 U.S.C. § 1640 Truth in Lending
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 24, 2023 Filing 20 MOTION to Appear by Telephone /Zoom at PLAINTIFFS MOTION TO WITHDRAW AS COUNSEL Hearing Scheduled for 12/7/2023 filed by ELLINGTON FINANCIAL REIT LENDING CORP., Rushmore Loan Management Services LLC. (Houser, Eric) (Filed on 10/24/2023)
October 23, 2023 Opinion or Order Filing 19 ORDER HOLDING MOTION TO DISMISS IN ABEYANCE. Signed by Judge Jacqueline Scott Corley on 10/23/2023. (ahm, COURT STAFF) (Filed on 10/23/2023)
October 19, 2023 Filing 18 MOTION to Withdraw as Attorney for Plaintiff filed by Hector Krauss. Motion Hearing set for 12/7/2023 10:00 AM in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Responses due by 11/2/2023. Replies due by 11/9/2023. (Cara, Anthony) (Filed on 10/19/2023)
October 6, 2023 Filing 17 CLERK'S NOTICE CONTINUING MOTION HEARING. Please take notice the hearing on Defendants' #6 Motion to Dismiss set for 10/19/2023 is CONTINUED to 11/2/2023 at 10:00 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 10/6/2023)
September 28, 2023 Filing 16 REPLY (re #6 MOTION to Dismiss ) filed byELLINGTON FINANCIAL REIT LENDING CORP., Rushmore Loan Management Services LLC. (Houser, Eric) (Filed on 9/28/2023)
September 26, 2023 Filing 15 OPPOSITION/RESPONSE (re #6 MOTION to Dismiss ) filed byHector Krauss. (Cara, Anthony) (Filed on 9/26/2023)
September 26, 2023 Filing 14 REPLY (re #6 MOTION to Dismiss ) filed byELLINGTON FINANCIAL REIT LENDING CORP., Rushmore Loan Management Services LLC. (Houser, Eric) (Filed on 9/26/2023)
September 8, 2023 Filing 13 CLERKS NOTICE PROVIDING ZOOM ACCESS INFORMATION. Initial Case Management Conference is reset for 12/7/2023 at 1:30 p.m. before Judge Jacqueline Scott Corley by a Zoom videoconference. Case Management Statement is due by 11/30/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc 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 must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 12/6/2023.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.) (ahm, COURT STAFF) (Filed on 9/8/2023)
September 8, 2023 Filing 12 CLERK'S NOTICE RESETTING MOTION HEARING DATE AND INITIAL CMC.Reset Deadlines as to #6 MOTION to Dismiss . Motion Hearing reset for 10/19/2023 at 10:00 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 9/8/2023)
September 8, 2023 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Sallie Kim 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 9/08/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 9/8/2023)
September 8, 2023 Filing 10 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. (mkl, COURT STAFF) (Filed on 9/8/2023)
September 8, 2023 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Hector Krauss.. (Cara, Anthony) (Filed on 9/8/2023)
September 8, 2023 Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff/Defendants shall file a consent or declination to proceed before a magistrate judge by 9/15/2023. 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. Consent/Declination due by 9/15/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mkl, COURT STAFF) (Filed on 9/8/2023)
September 7, 2023 Filing 7 Request for Judicial Notice re #6 MOTION to Dismiss filed byELLINGTON FINANCIAL REIT LENDING CORP., Rushmore Loan Management Services LLC. (Attachments: #1 Exhibit "1", #2 Exhibit "2", #3 Exhibit "3", #4 Exhibit "4", #5 Exhibit "5", #6 Exhibit "6", #7 Exhibit "7", #8 Exhibit "8", #9 Exhibit "9", #10 Exhibit "10", #11 Exhibit "11")(Related document(s) #6 ) (Houser, Eric) (Filed on 9/7/2023)
September 7, 2023 Filing 6 MOTION to Dismiss filed by ELLINGTON FINANCIAL REIT LENDING CORP., Rushmore Loan Management Services LLC. Motion Hearing set for 10/16/2023 09:30 AM in Do Not Use Videoconference Only before Magistrate Judge Sallie Kim. Responses due by 9/21/2023. Replies due by 9/28/2023. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Proposed Order)(Houser, Eric) (Filed on 9/7/2023)
September 5, 2023 Filing 5 CERTIFICATE OF SERVICE by ELLINGTON FINANCIAL REIT LENDING CORP., Rushmore Loan Management Services LLC re 3 Case Assigned by Intake,, (Houser, Eric) (Filed on 9/5/2023)
September 1, 2023 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/27/2023. Initial Case Management Conference set for 12/4/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (bar, COURT STAFF) (Filed on 9/1/2023)
August 31, 2023 Filing 3 Case assigned to Magistrate Judge Sallie Kim. 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 9/14/2023. (bar, COURT STAFF) (Filed on 8/31/2023)
August 31, 2023 Filing 2 Certificate of Interested Entities by ELLINGTON FINANCIAL REIT LENDING CORP., Rushmore Loan Management Services LLC (Houser, Eric) (Filed on 8/31/2023)
August 31, 2023 Filing 1 NOTICE OF REMOVAL from Contra Costa Superior Court. Their case number is C23-01748. (Filing fee $402 receipt number ACANDC-18606336). Filed byELLINGTON FINANCIAL REIT LENDING CORP., Rushmore Loan Management Services LLC. (Attachments: #1 Exhibit "1" - Complaint, #2 Civil Cover Sheet)(Houser, Eric) (Filed on 8/31/2023)

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Plaintiff: Hector Krauss
Represented By: Fernando Leone
Represented By: Anthony Paul Cara
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Defendant: Rushmore Loan Management Services LLC
Represented By: Eric D. Houser
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Defendant: ELLINGTON FINANCIAL REIT LENDING CORP.
Represented By: Eric D. Houser
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