Guzzo v. Mason McDuffie Mortgage Co. et al
| Libby Guzzo |
| Mason McDuffie Mortgage Co., Adam Rosen, Greenbox Loans, Inc. and Newfi Lending |
| 3:2023cv05788 |
| November 9, 2023 |
| US District Court for the Northern District of California |
| Maxine M Chesney |
| Banks and Banking |
| 28 U.S.C. § 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 18 STIPULATION WITH PROPOSED ORDER re #5 MOTION to Dismiss Pursuant to Rule 12 (b)(6) filed by Newfi Lending. (Brody, James) (Filed on 1/5/2024) |
Filing 17
ORDER APPROVING JOINT STIPULATION. Mason McDuffie Mortgage's date to respond to plaintiff's Complaint is extended to January 8, 2024. Signed by Judge Maxine M. Chesney on December 7, 2023. (mmclc1, COURT STAFF) (Filed on 12/7/2023)
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| Filing 16 MOTION for Extension of Time to File DEFENDANT MASON MCDUFFIE MORTGAGE'S AND PLAINTIFF'S JOINT STIPULATION PURSUANT TO LOCAL RULE 61(a) TO EXTEND TIME TO RESPOND filed by Mason McDuffie Mortgage Co.. (Krutzsch, Robin) (Filed on 12/6/2023) |
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Filing 15
ORDER DIRECTING DEFENDANT NEWFI LENDING TO SUBMIT COURTESY COPIES OF NOTICE OF REMOVAL AND EXHIBITS ATTACHED THERETO. Signed by Judge Maxine M. Chesney on November 29, 2023. (mmclc1, COURT STAFF) (Filed on 11/29/2023)
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Filing 14
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 2/9/2024 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor.Joint Case Management Statement due by 2/2/2024. Signed by Judge Maxine M. Chesney on 11/29/2023. (tl, COURT STAFF) (Filed on 11/29/2023)
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Filing 13
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Maxine M. Chesney 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 11/29/2023. (Attachments: #1 Criminal Cover Sheet)(mbc, COURT STAFF) (Filed on 11/29/2023)
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| Filing 12 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. (ejk, COURT STAFF) (Filed on 11/29/2023) |
| Filing 11 Statement re 10 Order,,,,, by Newfi Lending. (Brody, James) (Filed on 11/28/2023) |
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Filing 10
ORDER. A dispositive motion has been filed but some defendants (Mason McDuffie Mortgage Co., Adam Rosen, and Greenbox Loans, Inc.) have not appeared or consented to magistrate-judge jurisdiction yet. The plaintiff also has not filed a consent or declination yet. All parties, even non-appearing parties, must consent to magistrate-judge jurisdiction before the court can rule on a dispositive motion. Williams v. King, 875 F.3d 500, 503-05 (9th Cir. 2017). A defendant's consent to magistrate-judge jurisdiction does not waive any defenses, including a defense of lack of service. Feng v. Cnty. of Santa Clara, No. 19-cv-06877-LB, 2019 WL 7194475, at *1 n.1 (N.D. Cal. Dec. 26, 2019); Harper v. City of Cortez, No. 14-cv-02984-KLM, 2015 WL 4113825, at *3 (D. Colo. July 8, 2015); Geiche v. City & Cnty. of San Francisco, No. C 08-3233 JL, 2009 WL 1948830, at *9 (N.D. Cal. July 2, 2009). Thus, even if defendants have not otherwise generally appeared, they can consent to magistrate-judge jurisdiction and the court can decide the pending motion. Cf. Williams, 875 F.3d at 503-05. The court thus asks the plaintiff and Newfi Lending to file, by 11/28/2023, a short joint statement on how they would like to proceed. Signed by Judge Laurel Beeler on November 22, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc1, COURT STAFF) (Filed on 11/22/2023)
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| Filing 9 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Brody, James) (Filed on 11/22/2023) |
| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Newfi Lending.. (Brody, James) (Filed on 11/22/2023) |
| Filing 7 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. Consent/Declination due by 11/22/2023. (ejk, COURT STAFF) (Filed on 11/16/2023) |
| Filing 6 CLERK'S NOTICE SETTING IN-PERSON MOTION HEARING: Motion Hearing #5 MOTION to Dismiss Pursuant to Rule 12 (b)(6) set for 1/11/2024 at 9:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 11/30/2023. Replies due by 12/7/2023. Parties may stipulate to a hearing by videoconference one week before any hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 11/16/2023) |
| Filing 5 MOTION to Dismiss Pursuant to Rule 12 (b)(6) filed by Newfi Lending. Motion to Dismiss Hearing set for 1/11/2024 09:30 AM in San Francisco, - Videoconference Only. Responses due by 11/30/2023. Replies due by 12/7/2023. (Attachments: #1 Proposed Order)(Brody, James) (Filed on 11/16/2023) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/1/2024. Initial Case Management Conference set for 2/8/2024 11:00 AM in San Francisco, Courtroom B, 15th Floor. (hdj, COURT STAFF) (Filed on 11/15/2023) |
| Filing 3 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 11/28/2023. (as, COURT STAFF) (Filed on 11/14/2023) |
| Filing 2 NOTICE OF REMOVAL from CGC- 23-605699. Their case number is CGC- 23-605699. (). Filed by Newfi Lending. (Attachments: #1 Civil Cover Sheet Amended Civil Case Cover Sheet)(Brody, James) (Filed on 11/9/2023) |
| Filing 1 NOTICE OF REMOVAL from CGC- 23-605699. Their case number is CGC- 23-605699. (Filing fee $402 receipt number ACANDC-18823799). Filed by Newfi Lending. (Attachments: #1 Civil Cover Sheet)(Brody, James) (Filed on 11/9/2023) |
| #Electronic filing error. Nature of Suit in ECF does not match on Civil Cover Sheet. Please correct Civil Cover Sheet and re-file. This filing will not be processed by the clerks office. Re: #1 Notice of Removal filed by Newfi Lending (kmg, COURT STAFF) (Filed on 11/9/2023) |
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