Ha v. Capital One Financial Corporation
Plaintiff: Sally Ha
Defendant: Capital One Financial Corporation doing business as Capital One Services
Case Number: 3:2024cv00364
Filed: January 22, 2024
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Trina L Thompson
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 8, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 8, 2024 Set/Reset Deadlines as to #8 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities. Motion Hearing set for 5/7/2024 02:00 PM in San Francisco, Courtroom 09, 19th Floor before Judge Trina L Thompson. (rfm, COURT USER) (Filed on 3/8/2024)
March 7, 2024 Filing 19 REPLY (re #8 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities ) filed byCapital One Financial Corporation. (Choi, William) (Filed on 3/7/2024)
March 7, 2024 Filing 18 Renotice motion hearing re #8 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities filed byCapital One Financial Corporation. (Attachments: #1 Exhibit A)(Related document(s) #8 ) (Choi, William) (Filed on 3/7/2024)
February 29, 2024 #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #17 Reply to Opposition/Response, filed by Sally Ha (cv, COURT STAFF) (Filed on 2/29/2024)
February 28, 2024 Filing 17 OPPOSITION (re #8 MOTION to Dismiss filed by Sally Ha. (Attachments: #1 certificate OF SERVICE for opposition brief)(Ha, Sally) (Filed on 2/28/2024) Modified on 2/29/2024 (cv, COURT STAFF).
February 28, 2024 Filing 16 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. All pending motions will be taken off-calendar and must be re-noticed by the moving party for a new hearing according to Judge Thompson's available dates, dates of unavailability are listed on her webpage under the section "Scheduling Notes." The new hearing date must be at least five weeks from the date the motion was filed and at least three weeks from the date the re-notice is filed. The due date for any opposition or reply papers not yet filed shall be calculated in accordance with Civil Local Rule 7-3. Initial Case Management Conference set for 5/2/2024 at 2:00 PM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar. Joint Case Management Statement due by 4/25/2024. 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 2/28/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
February 28, 2024 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 Trina L Thompson for all further proceedings. Magistrate Judge Nathaniel M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 2/28/2024. (bw, COURT STAFF) (Filed on 2/28/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
February 28, 2024 Filing 14 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #https://cand.uscourts.gov/notices/northern-district-extends-caseload-rebalancing-pilot-program/. (bw, COURT STAFF) (Filed on 2/28/2024)
February 27, 2024 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (lmh, COURT STAFF) (Filed on 2/27/2024)
February 27, 2024 Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Capital One Financial Corporation.. (Eley, Hunter) (Filed on 2/27/2024)
February 26, 2024 Filing 11 SECOND CLERK'S NOTICE RE: Consent or Declination. Defendant is requested to 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 2/27/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/26/2024)
February 16, 2024 Filing 10 Certificate of Interested Entities by Capital One Financial Corporation identifying Corporate Parent Capital One Financial Corporation for Capital One Financial Corporation. (Attachments: #1 Certificate/Proof of Service)(Eley, Hunter) (Filed on 2/16/2024)
February 15, 2024 Filing 9 CLERK'S NOTICE Re: Consent or Declination. Defendant is requested to 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 2/22/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/15/2024)
February 15, 2024 Filing 8 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; Memorandum of Points and Authorities filed by Capital One Financial Corporation. Motion to Dismiss Hearing set for 4/3/2024 11:00 AM. Responses due by 2/29/2024. Replies due by 3/7/2024. (Attachments: #1 Proposed Order Granting Defendant Capital One, N.A.'s Motion to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure)(Choi, William) (Filed on 2/15/2024)
February 9, 2024 Filing 7 AMENDED COMPLAINT against All Defendants. Filed by Sally Ha. (Attachments: #1 Certificate/Proof of Service amended complaint)(Ha, Sally) (Filed on 2/9/2024)
February 1, 2024 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sally Ha.. (Ha, Sally) (Filed on 2/1/2024)
February 1, 2024 Filing 5 CLERK'S NOTICE RE: Consent or Declination. Plaintiff is requested to 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 2/15/2024. (lmh, COURT STAFF) (Filed on 2/1/2024)
January 25, 2024 Filing 4 CERTIFICATE OF SERVICE by Sally Ha (Ha, Sally) (Filed on 1/25/2024)
January 22, 2024 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/17/2024. Initial Case Management Conference set for 4/24/2024 10:00 AM in San Jose, Courtroom 5, 4th Floor. (cv, COURT STAFF) (Filed on 1/22/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
January 22, 2024 Filing 2 Summons Issued as to Capital One Financial Corporation. (cv, COURT STAFF) (Filed on 1/22/2024)
January 22, 2024 Filing 1 COMPLAINT against Capital One Financial Corporation (Filing fee $ 405.). Filed by Sally Ha. Consent/Declination due by 2/5/2024. (Attachments: #1 Exhibit, #2 receipt, #3 Civil Cover Sheet)(cv, COURT STAFF) (Filed on 1/22/2024)

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Plaintiff: Sally Ha
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Defendant: Capital One Financial Corporation doing business as Capital One Services
Represented By: Hunter Randolph Eley
Represented By: William Choi
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