Miller et al v. Wells Fargo Bank, N.A. et al
Plaintiff: Wyatt Miller doing business as Hellam's Tobacco and Wine Shop and Aguilar Auto Repair, Inc.
Defendant: Wells Fargo Bank, N.A., Priority Technology Holdings, Inc., Priority Payment Systems, LLC and The Credit Wholesale Company, Inc.
Case Number: 3:2023cv06265
Filed: December 4, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Sallie Kim
Referring Judge: Araceli Martinez-Olguin
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1446 Petition for Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 10, 2024 Filing 21 STIPULATION Extending Deadline for Defendants' Response to Class Action Complaint filed by Priority Payment Systems, LLC, Priority Technology Holdings, Inc.. (Voigts, Anne) (Filed on 1/10/2024)
December 22, 2023 Opinion or Order Filing 20 Order by Judge Araceli Martinez-Olguin granting #18 Motion for Pro Hac Vice as to Billie Pritchard. (ads, COURT STAFF) (Filed on 12/22/2023)
December 22, 2023 Opinion or Order Filing 19 Order by Judge Araceli Martinez-Olguin granting #17 Motion for Pro Hac Vice as to Phyllis B. Sumner. (ads, COURT STAFF) (Filed on 12/22/2023)
December 21, 2023 Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-18965108.) filed by Priority Payment Systems, LLC, Priority Technology Holdings, Inc.. (Attachments: #1 Certificate of Good Standing)(Pritchard, Billie) (Filed on 12/21/2023)
December 21, 2023 Filing 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-18965103.) filed by Priority Payment Systems, LLC, Priority Technology Holdings, Inc.. (Attachments: #1 Certificate of Good Standing)(Sumner, Phyllis) (Filed on 12/21/2023)
December 12, 2023 Filing 16 Clerk's Notice on Reassignment. You are noticed that the Court has scheduled an Initial Case Management Conference before Judge Araceli Martinez-Olguin upon reassignment. For a copy of Judge Martinez-Olguin's Standing Order and other information, please refer to the Court's website at #https://www.cand.uscourts.gov/judges/martinez-olguin-araceli-amo/. Case Management Statement due by 3/7/2024 no later than 12:00 PM PST. Initial Case Management Conference set for 3/14/2024 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor. Advanced notice is required of counsel or parties who wish to address the court or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at amocrd@cand.uscourts.gov no later than 3/12/2024 at 12:00 PM PST. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 12/12/2023)
December 11, 2023 Opinion or Order Filing 15 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Araceli Martinez-Olguin 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 12/11/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 12/11/2023)
December 11, 2023 Filing 14 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. (bxl, COURT STAFF) (Filed on 12/11/2023)
December 11, 2023 Filing 13 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aguilar Auto Repair, Inc., Wyatt Miller.. (Swetland, Benjamin) (Filed on 12/11/2023)
December 8, 2023 Opinion or Order Filing 12 Order by Magistrate Judge Sallie Kim granting #10 Motion for Pro Hac Vice as to Benjamin R. Swetland. (bxl, COURT STAFF) (Filed on 12/8/2023)
December 8, 2023 Opinion or Order Filing 11 Order by Magistrate Judge Sallie Kim granting #9 Motion for Pro Hac Vice as to Jacie C. Zolna. (bxl, COURT STAFF) (Filed on 12/8/2023)
December 8, 2023 Filing 10 MOTION for leave to appear in Pro Hac Vice by Benjamin R. Swetland ( Filing fee $ 328, receipt number ACANDC-18918900.) filed by Aguilar Auto Repair, Inc., Wyatt Miller. (Attachments: #1 Supplement Letter of Good Standing)(Swetland, Benjamin) (Filed on 12/8/2023)
December 7, 2023 Filing 9 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-18915394.) filed by Aguilar Auto Repair, Inc., Wyatt Miller. (Zolna, Jacie) (Filed on 12/7/2023)
December 6, 2023 Filing 8 Certificate of Interested Entities by Priority Payment Systems, LLC, Priority Technology Holdings, Inc. identifying Other Affiliate Priority Holdings, LLC, Other Affiliate Priority Finance, LLC, Other Affiliate Priority Hospitality Technology, LLC, Other Affiliate Priority Payright Health Solutions, LLC, Other Affiliate Priority Real Estate Technology, LLC, Other Affiliate Priority Ovvi, LLC, Other Affiliate Priority Commerce Canada, Inc., Other Affiliate Priority Commercial Payments, LLC, Other Affiliate Plastiq, Powered by Priority, LLC, Other Affiliate Plastiq Canada, Inc., Other Affiliate Finxera Holdings, Inc., Other Affiliate Finxera Intermediate, LLC, Other Affiliate Finxera, Inc., Other Affiliate Priority IDC Private Limited, Other Affiliate Enhanced Capital RETC Fund XII, LLC, Other Affiliate Priority Account Administration Services, Inc., Other Affiliate Priority Tech Ventures, LLC, Other Affiliate Priority Ambient Solutions, LLC, Other Affiliate Priority Property Rev, LLC, Other Affiliate Priority Build, LLC, Other Affiliate Thomas C. Priore, Other Affiliate John Priore, Other Affiliate Priority Wave, LLC for Priority Payment Systems, LLC, Priority Technology Holdings, Inc.. (Voigts, Anne) (Filed on 12/6/2023)
December 6, 2023 Filing 7 Rule 7.1 Disclosures by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Peterson, John) (Filed on 12/6/2023)
December 6, 2023 Filing 6 STIPULATION Extending the Deadline for Defendants' Response to Class Action Complaint filed by Priority Payment Systems, LLC, Priority Technology Holdings, Inc.. (Voigts, Anne) (Filed on 12/6/2023)
December 6, 2023 Filing 5 Rule 7.1 Disclosures by Priority Payment Systems, LLC, Priority Technology Holdings, Inc. (Voigts, Anne) (Filed on 12/6/2023)
December 5, 2023 Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/26/2024. Initial Case Management Conference set for 3/4/2024 01:30 PM in San Francisco, Courtroom C, 15th Floor. (msr, COURT STAFF) (Filed on 12/5/2023)
December 5, 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 12/19/2023. (ark, COURT STAFF) (Filed on 12/5/2023)
December 5, 2023 Filing 2 Civil Cover Sheet by Wells Fargo Bank, N.A. . (Peterson, John) (Filed on 12/5/2023)
December 5, 2023 #Electronic filing error. Civil Cover Sheet missing. No judge assignment will be made until the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover SheetThis filing will not be processed by the clerks office. Re: #1 Notice of Removal, filed by Wells Fargo Bank, N.A. (kmg, COURT STAFF) (Filed on 12/5/2023)
December 4, 2023 Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of San Francisco. Their case number is CGC-23-609643. (Filing fee $405 receipt number BCANDC-18901699). Filed by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit California Secretary of State report for Aguilar Auto, #2 Exhibit Superior Court filings, #3 Exhibit Texas Secretary of State report for Wholesale, #4 Exhibit Article showing owner of Hellam's Tobacco, #5 Exhibit Westlaw People Search for F. Wyatt Miller, #6 Exhibit Defendants' Consents to Removal)(Peterson, John) (Filed on 12/4/2023)

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Plaintiff: Wyatt Miller doing business as Hellam's Tobacco and Wine Shop
Represented By: Jennie Lee Anderson
Represented By: Benjamin Rodgers Swetland
Represented By: Jacie Campbell Zolna
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Plaintiff: Aguilar Auto Repair, Inc.
Represented By: Benjamin Rodgers Swetland
Represented By: Jacie Campbell Zolna
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Defendant: Wells Fargo Bank, N.A.
Represented By: John Wellington Peterson
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Defendant: Priority Technology Holdings, Inc.
Represented By: Anne Margaret Voigts
Represented By: Phyllis B. Sumner
Represented By: Billie Pritchard
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Defendant: Priority Payment Systems, LLC
Represented By: Anne Margaret Voigts
Represented By: Billie Pritchard
Represented By: Phyllis B. Sumner
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Defendant: The Credit Wholesale Company, Inc.
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