Montes et al v. Capital One, National Association
| Omar Montes, Brandon Masjedian and Donald Nguyen |
| Capital One, National Association |
| 3:2024cv05677 |
| August 22, 2024 |
| US District Court for the Northern District of California |
| Maxine M Chesney |
| Other Fraud |
| 28 U.S.C. § 1441 Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on October 17, 2024. A more recent docket listing may be available from PACER.
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| Filing 23 REPLY (re #9 MOTION to Dismiss Defendant Capital One, National Association's Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), or Alternatively to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) ) filed byCapital One, National Association. (Soukup, Andrew) (Filed on 10/17/2024) |
| Filing 22 OPPOSITION/RESPONSE (re #9 MOTION to Dismiss Defendant Capital One, National Association's Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), or Alternatively to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) ) filed byBrandon Masjedian, Omar Montes, Donald Nguyen. (Attachments: #1 Proposed Order)(Persinger, Annick) (Filed on 10/3/2024) |
| Set/Reset Deadlines as to #9 MOTION to Dismiss Defendant Capital One, National Association's Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), or Alternatively to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f). Opposition due by 10/3/2024. Reply due by 10/17/2024. Motion Hearing reset to 11/8/2024 at 09:00 AM in San Francisco, Courtroom 07, 19th Floor before Judge Maxine M. Chesney. (tl, COURT STAFF) (Filed on 9/12/2024) |
| Filing 21 Renotice motion hearing re #9 MOTION to Dismiss Defendant Capital One, National Association's Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), or Alternatively to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) filed byCapital One, National Association. (Attachments: #1 Proposed Order)(Related document(s) #9 ) (Soukup, Andrew) (Filed on 9/10/2024) |
Filing 20
ORDER by Judge Trina L. Thompson on behalf of Judge Maxine M. Chesney granting #18 Stipulation. The following modification to the briefing schedule is granted: Plaintiffs opposition is due on October 3, 2024. Defendants reply is due October 17, 2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Thompson, Trina) (Filed on 9/6/2024)
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Filing 19
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 12/6/2024 at 10:30 AM in San Francisco, Courtroom 07, 19th Floor.Joint Case Management Statement due by 11/27/2024. Signed by Judge Maxine M. Chesney on 9/6/2024. (tl, COURT STAFF) (Filed on 9/6/2024)
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| Filing 18 STIPULATION WITH PROPOSED ORDER to Modify Briefing Schedule on Capital One's Motion to Dismiss Plaintiffs' First Amended Complaint filed by Brandon Masjedian, Omar Montes, Donald Nguyen. (Persinger, Annick) (Filed on 9/5/2024) |
| Filing 17 NOTICE of Appearance filed by Annick Marie Persinger on behalf of Brandon Masjedian, Omar Montes, Donald Nguyen (Persinger, Annick) (Filed on 9/5/2024) |
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Filing 16
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. Judge William H. Orrick 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 09/05/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 9/5/2024)
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Filing 15
ORDER OF RECUSAL. Signed by Judge William H. Orrick on 09/06/20. (jmd, COURT STAFF) (Filed on 9/5/2024)
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| Filing 14 Renotice motion hearing re #9 MOTION to Dismiss Defendant Capital One, National Association's Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), or Alternatively to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) filed byCapital One, National Association. (Related document(s) #9 ) (Soukup, Andrew) (Filed on 9/4/2024) |
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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 William H. Orrick for all further proceedings. Magistrate Judge Kandis A. Westmore 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 The Clerk on 09/03/2024. (Attachments: #1 Notice of Eligibility for Video Recording)(kxo, COURT STAFF) (Filed on 9/3/2024)
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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. (wft, COURT STAFF) (Filed on 8/30/2024) |
| Filing 11 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Capital One, National Association.. (Soukup, Andrew) (Filed on 8/30/2024) |
| Filing 10 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs and Defendant 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 9/6/2024. (wft, COURT STAFF) (Filed on 8/30/2024) |
| Filing 9 MOTION to Dismiss Defendant Capital One, National Association's Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), or Alternatively to Strike Class Allegations Pursuant to Fed. R. Civ. P. 12(f) filed by Capital One, National Association. Motion to Dismiss Hearing set for 10/17/2024 01:30 PM. Responses due by 9/12/2024. Replies due by 9/19/2024. (Attachments: #1 Declaration of Dominic Booth, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Proposed Order)(Soukup, Andrew) (Filed on 8/29/2024) |
| Filing 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/19/2024. Initial Case Management Conference set for 11/26/2024 01:30 PM in Oakland, - Videoconference Only. (far, COURT STAFF) (Filed on 8/27/2024) |
| Filing 7 NOTICE of Appearance filed by Dominic Booth on behalf of Capital One, National Association (Booth, Dominic) (Filed on 8/23/2024) |
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Filing 6
Order by Magistrate Judge Kandis A. Westmore granting #5 Motion for Pro Hac Vice as to Andrew Soukup. (wft, COURT STAFF) (Filed on 8/23/2024)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)
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| Filing 5 MOTION for leave to appear in Pro Hac Vice for Andrew Soukup ( Filing fee $ 328, receipt number ACANDC-19759715.) filed by Capital One, National Association. (Soukup, Andrew) (Filed on 8/22/2024) |
| Filing 4 Civil Cover Sheet by Capital One, National Association Corrected Civil Coversheet. (Verdin, Matthew) (Filed on 8/22/2024) |
| Filing 3 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 9/5/2024. (as, COURT STAFF) (Filed on 8/22/2024) |
| Filing 2 Certificate of Interested Entities by Capital One, National Association identifying Corporate Parent Capital One Financial Corporation for Capital One, National Association. (Verdin, Matthew) (Filed on 8/22/2024) |
| Filing 1 NOTICE OF REMOVAL from Contra Costa Superior Court. Their case number is C24-01422. (Filing fee $405 receipt number ACANDC-19756986). Filed by Capital One, National Association. (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, #12 Civil Cover Sheet, #13 Certificate/Proof of Service)(Verdin, Matthew) (Filed on 8/22/2024) |
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