Labriola v. Bank of America, National Association
John Robert Labriola |
Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith Incorp. and Bank of America Corporation |
4:2012cv00079 |
January 5, 2012 |
US District Court for the Northern District of California |
Oakland Office |
San Francisco |
Claudia Wilken |
Labor: Other |
28 U.S.C. § 1331 |
Plaintiff |
Docket Report
This docket was last retrieved on December 27, 2013. A more recent docket listing may be available from PACER.
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Filing 79 STIPULATION WITH PROPOSED ORDER REGARDING EXTENSION OF DEADLINES FOR FUNDING AND DISTRIBUTION OF SETTLEMENT PAYMENTS filed by Merrill Lynch, Pierce, Fenner & Smith Incorp., John Robert LaBriola. (Van Hook, John) (Filed on 12/23/2013) Modified on 12/24/2013 (cpS, COURT STAFF). |
Filing 78 JUDGMENT. ***Civil Case Terminated.*** Signed by Judge Claudia Wilken on 12/20/2013. (ndr, COURT STAFF) (Filed on 12/20/2013) |
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Filing 75 Minute Entry: Motion Hearing held on 12/19/2013 before Claudia Wilken (Date Filed: 12/19/2013). (Recording #2:01:24-2:09.) (ndr, COURT STAFF) (Date Filed: 12/19/2013) |
Filing 74 RESPONSE (re #66 MOTION for Final Approval of Class Settlement ) ; Declaration of John A. Van Hook filed byMerrill Lynch, Pierce, Fenner & Smith Incorp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Van Hook, John) (Filed on 11/20/2013) |
Filing 73 Proposed Order re #67 MOTION for Attorney Fees and Incentive Payment by John Robert Labriola. (Coll, Rebecca) (Filed on 11/6/2013) |
Filing 72 Proposed Order re #66 MOTION for SetFinal Approval of Class Settlement by John Robert Labriola. (Coll, Rebecca) (Filed on 11/6/2013) Modified on 11/7/2013 (kcS, COURT STAFF). |
Filing 71 Declaration of James A. Quadra in Support of #67 MOTION for Attorney Fees and Incentive Payment, #66 MOTION for >Final Approval of Class Settlement filed by John Robert Labriola. (Related document(s) #67 , #66 ) (Coll, Rebecca) (Filed on 11/6/2013) Modified on 11/7/2013 (kcS, COURT STAFF). |
Filing 70 Declaration of Rebecca Coll in Support of #67 MOTION for Attorney Fees and Incentive Payment, #66 MOTION for Final Approval of Class Settlement filed by John Robert Labriola. (Related document(s) #67 , #66 ) (Coll, Rebecca) (Filed on 11/6/2013) Modified on 11/7/2013 (kcS, COURT STAFF). |
Filing 69 Declaration of Julie Redell in Support of #66 MOTION for Final Approval of Class Settlement filed by John Robert Labriola. (Related document(s) #66 ) (Coll, Rebecca) (Filed on 11/6/2013) Modified on 11/7/2013 (kcS, COURT STAFF). |
Filing 68 Declaration of John LaBriola in Support of #67 MOTION for Attorney Fees and Incentive Payment, #66 MOTION for Final Approval of Class Settlement filed by John Robert Labriola. (Related document(s) #67 , #66 ) (Coll, Rebecca) (Filed on 11/6/2013) Modified on 11/7/2013 (kcS, COURT STAFF). |
Filing 67 MOTION for Attorney Fees and Incentive Payment filed by John Robert Labriola. Motion Hearing set for 12/19/2013 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 11/27/2013. Replies due by 12/5/2013. (Coll, Rebecca) (Filed on 11/6/2013) |
Filing 66 MOTION for Final Approval of Class Settlement filed by John Robert Labriola. Motion Hearing set for 12/19/2013 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 11/27/2013. Replies due by 12/5/2013. (Coll, Rebecca) (Filed on 11/6/2013) Modified on 11/7/2013 (kcS, COURT STAFF). |
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See Docket No. #64 . Reset Deadlines/Hearing: Motions due by 11/6/2013; Responses due by 11/27/2013; Replies due by 12/5/2013; Motion Hearing set for 12/19/2013 02:00 PM before Hon. Claudia Wilken. (ndr, COURT STAFF) (Filed on 9/17/2013) |
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Filing 63 Notice of Errata re: Incorrect Document Filed (Dkt. #59 ) and Ommission of Stipulation Regarding Amendment to Settlement by Merrill Lynch, Pierce, Fenner & Smith Incorp.. (Attachments: #1 Exhibit A)(Van Hook, John) (Filed on 8/27/2013) Modified on 8/28/2013 (cpS, COURT STAFF). |
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Filing 61 Declaration of Joseph Bush regarding settlement data filed byMerrill Lynch, Pierce, Fenner & Smith Incorp.. (Van Hook, John) (Filed on 8/7/2013) Modified on 8/8/2013 (cpS, COURT STAFF). |
Filing 60 Proposed Order Amended Order Granting Preliminary Approval of Class Settlement by Merrill Lynch, Pierce, Fenner & Smith Incorp., John Robert Labriola. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Van Hook, John) (Filed on 8/7/2013) Modified on 8/8/2013 (cpS, COURT STAFF). |
Filing 59 STIPULATION Re Class Action Settlement filed by Merrill Lynch, Pierce, Fenner & Smith Incorp., John Robert Labriola. (Van Hook, John) (Filed on 8/7/2013) Modified on 8/8/2013 (cpS, COURT STAFF). |
Filing 58 ***DISREGARD, SEE DOCUMENT NO. #60 .*** (Proposed) Amended Order Granting Preliminary Approval of Class Settlement filed by Merrill Lynch, Pierce, Fenner & Smith Incorp., Merrill Lynch, Pierce, Fenner & Smith Incorp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Van Hook, John) (Filed on 8/7/2013) Modified on 8/8/2013 (cpS, COURT STAFF). Modified on 8/29/2013 (ndr, COURT STAFF). |
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Filing 56 Brief re #54 Order on Stipulation and Status of Settlement filed byJohn Robert Labriola. (Related document(s) #54 ) (Coll, Rebecca) (Filed on 7/24/2013) |
Filing 55 STATUS REPORT by Defendant Regarding Settlement In Response to Scheduling Order (Dkt. #53) by Merrill Lynch, Pierce, Fenner & Smith Incorp.. (Van Hook, John) (Filed on 7/24/2013) |
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Filing 53 STIPULATION WITH PROPOSED ORDER Regarding Request for Case Management Conference filed by Merrill Lynch, Pierce, Fenner & Smith Incorp., John Robert Labriola. (Van Hook, John) (Filed on 7/17/2013) Modified on 7/18/2013 (cpS, COURT STAFF). |
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Filing 51 STIPULATION WITH PROPOSED ORDER re #48 MOTION for Preliminary Approval of Class Settlement filed by John Robert Labriola, Merrill Lynch Pierce Fenner & Smith Incorp. (Attachments: #1 Proposed Order)(Coll, Rebecca) (Filed on 6/4/2013) Modified on 6/5/2013 (cpS, COURT STAFF). |
Filing 50 Minute Entry: Motion Hearing held on 5/30/2013 before Claudia Wilken (Date Filed: 5/30/2013). Motion Hearing set for 10/17/2013 02:00 PM before Hon. Claudia Wilken. (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 5/30/2013) |
Filing 49 Declaration of John LaBriola in Support of #48 MOTION for Preliminary Approval of Class Settlement filed byJohn Robert Labriola. (Related document(s) #48 ) (Coll, Rebecca) (Filed on 5/8/2013) |
CLERKS NOTICE. Notice is hereby given that the Case Management Conference, previously set for Thursday, May 2, 2013, is vacated. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 4/26/2013) |
Filing 48 MOTION for Preliminary Approval of Class Settlement filed by John Robert Labriola. Motion Hearing set for 5/30/2013 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 5/9/2013. Replies due by 5/16/2013. (Attachments: #1 Declaration of Rebecca Coll, #2 Declaration of James Quadra, #3 Declaration of Brandon Schwartz, #4 Proposed Order)(Coll, Rebecca) (Filed on 4/25/2013) Modified on 4/26/2013 (cpS, COURT STAFF). |
Filing 47 JOINT CASE MANAGEMENT STATEMENT filed by Merrill Lynch, Pierce, Fenner & Smith Incorp., John Robert Labriola. (Van Hook, John) (Filed on 4/25/2013) Modified on 4/26/2013 (cpS, COURT STAFF). |
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Reset Deadline/Hearing: Case Management Statement due by 4/25/2013. Further Case Management Conference set for 5/2/2013 02:00 PM. See Docket No. #46 . (ndr, COURT STAFF) (Filed on 3/22/2013) |
Filing 45 JOINT STATUS CONFERENCE STATEMENT by Merrill Lynch, Pierce, Fenner & Smith Incorp., John Robert Labriola. (Attachments: #1 Exhibit)(Van Hook, John) (Filed on 3/21/2013) Modified on 3/22/2013 (cpS, COURT STAFF). |
Filing 44 STIPULATION WITH PROPOSED ORDER TO CONTINUE STATUS CONFERENCE STATEMENT filed by Merrill Lynch, Pierce, Fenner & Smith Incorp., John Robert Labriola. (Van Hook, John) (Filed on 3/21/2013) Modified on 3/22/2013 (cpS, COURT STAFF). |
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Filing 42 STIPULATION WITH PROPOSED ORDER TO VACATE LITIGATION DATES filed by John Robert Labriola, Merrill Lynch, Pierce, Fenner & Smith Incorp.. (Coll, Rebecca) (Filed on 1/18/2013) Modified on 1/22/2013 (cp, COURT STAFF). |
CLERKS NOTICE. Notice is hereby given that Jury Selection and the Jury Trial, previously set for Monday, January 20, 2014, are continued to Tuesday, January 21, 2014, at 8:30 a.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. Monday January 20, 2014 is a holiday. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 9/18/2012) |
Reset Deadlines/Hearings: Motions due by 8/15/2013. Responses /Cross Motions due by 8/29/2013. Replies due by 9/5/2013. Replies due by 9/12/2013. Case Management Statement due by 9/26/2013. Motion/ Further Case Management Conference set for 10/3/2013 02:00 PM. Final Pretrial Conference set for 1/8/2014 02:00 PM. Jury Selection set for 1/20/2014 08:30 AM before Hon. Claudia Wilken. Jury Trial (5 day)set for 1/20/2014 08:30 AM before Hon. Claudia Wilken. See Docket No. 41. (ndr, COURT STAFF) (Filed on 9/18/2012) |
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Filing 40 STIPULATION WITH PROPOSED ORDER To Continue Pre-Trial Dates and To Mediate filed by John Robert Labriola, Merrill Lynch, Pierce, Fenner & Smith Incorp. (Coll, Rebecca) (Filed on 9/14/2012) Modified on 9/17/2012 (cpS, COURT STAFF). |
Set/Reset Hearing ENE Hearing set for 10/11/2012 at 09:30 AM in the Evaluator's office. (cmf, COURT STAFF) (Filed on 8/13/2012) |
Filing 39 Transcript of Proceedings held on May 30, 2012, Court Reporter Raynee H. Mercado, Telephone number 510-451-7530, raynee_mercado@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 8/16/2012. Redacted Transcript Deadline set for 8/27/2012. Release of Transcript Restriction set for 10/24/2012. (rhm, ) (Filed on 7/26/2012) |
Filing 38 ADR Clerk's Notice Appointing Martin H. Dodd as ENE Evaluator. (cmf, COURT STAFF) (Filed on 7/26/2012) |
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Filing 36 RESPONSE (re #35 MOTION to Vacate Order to Mediation ) filed byMerrill Lynch, Pierce, Fenner & Smith Incorp.. (Van Hook, John) (Filed on 7/16/2012) |
Filing 35 MOTION to Vacate Order to Mediation filed by John Robert Labriola. Responses due by 7/16/2012. (Attachments: #1 Proposed Order)(Coll, Rebecca) (Filed on 7/12/2012) |
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Filing 33 STIPULATION WITH PROPOSED ORDER PROTECTIVE ORDER FOR STANDARD LITIGATION filed by John Robert Labriola, Bank of America Corporation. (Coll, Rebecca) (Filed on 6/20/2012) Modified on 6/21/2012 (cp, COURT STAFF). |
Filing 32 Minute Entry AND CASE MANAGEMENT ORDER: Initial Case Management Conference held on 5/30/2012 before Claudia Wilken (Date Filed: 5/30/2012). Motions due by 4/18/2013. Responses/Cross Motions due by 5/2/2013. Replies due by 5/9/2013. Replies due by 5/16/2013. Motion Hearing set for 6/6/2013 02:00 PM before Hon. Claudia Wilken. Case Management Statement due by 5/30/2013. Further Case Management Conference set for 6/6/2013 02:00 PM. Motion Hearing set for 12/13/2012 02:00 PM before Hon. Claudia Wilken. Final Pretrial Conference set for 9/11/2013 02:00 PM. Jury Selection set for 9/23/2013 08:30 AM before Hon. Claudia Wilken. Jury Trial set for 9/23/2013 08:30 AM before Hon. Claudia Wilken. (Court Reporter Raynee Mercado.) (ndr, COURT STAFF) (Date Filed: 5/30/2012) Modified on 6/5/2012 (cpS, COURT STAFF). |
Filing 31 Answer to Amended Complaint #7 Amended Complaint, byMerrill Lynch, Pierce, Fenner & Smith Incorp.. (Mandel, Michael) (Filed on 5/24/2012) |
Filing 30 CASE MANAGEMENT STATEMENT AND JOINT RULE 26(F) REPORT filed by John Robert Labriola, Merrill Lynch, Pierce, Fenner & Smith Incorp. (Coll, Rebecca) (Filed on 5/21/2012) Modified on 5/22/2012 (cpS, COURT STAFF). |
Filing 29 NOTICE of Appearance by Christopher Anthony Killens (Killens, Christopher) (Filed on 5/11/2012) |
Filing 28 NOTICE of Appearance by Van Hook Arthur John (John, Van Hook) (Filed on 5/11/2012) |
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Filing 26 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Coll, Rebecca) (Filed on 5/10/2012) |
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Filing 24 STIPULATION and Proposed Order selecting Private ADR by Bank of America Corporation, Bank of America, National Association filed by Bank of America Corporation, Bank of America, National Association, John Robert Labriola. (Mandel, Michael) (Filed on 5/9/2012) Modified on 5/10/2012 (cp, COURT STAFF). |
Filing 23 Minute Entry: Motion Hearing held on 4/12/2012 before Claudia Wilken (Date Filed: 4/12/2012). (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 4/12/2012) |
Filing 22 REPLY (re #9 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 12(f) and/or 23(d)(1)(D) ) filed byMerrill Lynch, Pierce, Fenner & Smith Incorp.. (Mandel, Michael) (Filed on 3/29/2012) |
Filing 21 Request for Judicial Notice re #20 Opposition/Response to Motion to Dismiss and/or Strike filed byJohn Robert Labriola. (Attachments: #1 Exhibit A)(Related document(s) #20 ) (Coll, Rebecca) (Filed on 3/22/2012) |
Filing 20 RESPONSE (re #9 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 12(f) and/or 23(d)(1)(D) ) filed byJohn Robert Labriola. (Coll, Rebecca) (Filed on 3/22/2012) |
Filing 19 NOTICE of Substitution of Counsel; (Proposed) Order by Rebecca Coll (Coll, Rebecca) (Filed on 3/21/2012) Modified on 3/22/2012 (cp, COURT STAFF). |
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Set/Reset Deadlines as to #9 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 12(f) and/or 23(d)(1)(D). Responses due by 3/22/2012. Replies due by 3/29/2012. Motion Hearing set for 4/12/2012 02:00 PM before Hon. Claudia Wilken. See Text Order (Docket No. 18) (ndr, COURT STAFF) (Filed on 2/29/2012) |
CLERKS NOTICE. Notice is hereby given that the Case Management Conference, previously set for Wednesday, April 25, 2012, is continued to Wednesday, May 30, 2012, at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. Case Management Statement due by. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 2/29/2012) |
Filing 17 Notice of Withdrawal of Motion OF PLAINTIFFS ADMINISTRATIVE MOTION TO ENLARGE TIME TO OPPOSE TO DEFENDANTS MOTION TO DISMISS PURSUANT TO LOCAL RULES 6-3, 7-11 (Attachments: #1 Certificate/Proof of Service)(Hebert, William) (Filed on 2/28/2012) |
Filing 16 STIPULATION WITH PROPOSED ORDER Extending briefing schedule re #9 MOTION to Dismiss and/or Strike First Amended Complaint and Rescheduling CMC filed by John Robert Labriola, Merrill Lynch Pierce Fenner & Smith Incorporated. (Attachments: #1 Certificate/Proof of Service)(Hebert, William) (Filed on 2/28/2012) Modified on 2/29/2012 (cp, COURT STAFF). |
Filing 15 MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 12(f) and/or 23(d)(1)(D) filed by John Robert Labriola. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Hebert, William) (Filed on 2/27/2012) |
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Filing 13 STIPULATION WITH PROPOSED ORDER TO DISMISS DEFENDANTS BANK OF AMERICA, N.A. AND BANK OF AMERICA CORPORATION filed by Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith Incorp, John Robert Labriola.. (Mandel, Michael) (Filed on 2/23/2012) Modified on 2/24/2012 (cp, COURT STAFF). |
Filing 12 Second Amended Certificate of Interested Entities by Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith Incorp. (Mandel, Michael) (Filed on 2/14/2012) Modified on 2/15/2012 (cp, COURT STAFF). |
Filing 11 NOTICE of Errata re #9 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 12(f) and/or 23(d)(1)(D) by Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith Incorp. (Mandel, Michael) (Filed on 2/14/2012) Modified on 2/15/2012 (cp, COURT STAFF). |
Filing 10 AMENDED CERTIFICATE OF INTERESTED ENTITIES. by Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith Incorp.. Amendment to #3 Certificate of Interested Entities, (Mandel, Michael) (Filed on 2/13/2012) Modified on 2/14/2012 (cp, COURT STAFF). |
Filing 9 MOTION to Dismiss and/or Strike Plaintiff's First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6), 12(f) and/or 23(d)(1)(D) filed by Bank of America Corporation, Bank of America, National Association, Merrill Lynch, Pierce, Fenner & Smith Incorp.. Motion Hearing set for 3/22/2012 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 2/27/2012. Replies due by 3/5/2012. (Attachments: #1 Proposed Order Granting Motion to Dismiss and/or Strike First Amended Complaint)(Mandel, Michael) (Filed on 2/13/2012) |
Filing 8 Summons Issued as to Bank of America Corporation, Merrill Lynch, Pierce, Fenner & Smith Incorp.. (Attachments: #1 Merril Lynch Pierce Fenner & Smith Inc)(cp, COURT STAFF) (Filed on 1/19/2012) |
Filing 7 AMENDED COMPLAINT; Jury Demand against All Defendants. Filed byJohn Robert Labriola. (Attachments: #1 Civil Cover Sheet, #2 Certificate/Proof of Service Certificate of Interested Parties or Entities, #3 Summons Defendant Bank of America Corporation, #4 Summons Defendant MLPFS Incorp., #5 Certificate/Proof of Service Proof of Service)(Coll, Rebecca) (Filed on 1/13/2012) Modified on 1/17/2012 (cp, COURT STAFF). |
Filing 6 STIPULATION TO EXTEND TIME TO RESPOND TO INITIAL COMPLAINT by Bank of America, National Association, John Robert Labriola. (Mandel, Michael) (Filed on 1/12/2012) Modified on 1/13/2012 (cp, COURT STAFF). |
CLERKS NOTICE. Notice is hereby given that the Case Management Conference, previously set for Wednesday, April 18, 2012, is continued to Wednesday, April 25, 2012, at 2:00 p.m., in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA 94612. Case Management Statement due by April 18, 2012. (This is a text only docket entry, there is no document associated with this notice.) (ndr, COURT STAFF) (Filed on 1/10/2012) |
Filing 5 ADR SCHEDULING ORDER: Case Management Statement due by 4/11/2012. Case Management Conference set for 4/18/2012 at 02:00 PM before Hon. Claudia Wilken. (Attachments: #1 Standing Order)(kc, COURT STAFF) (Filed on 1/5/2012) |
Filing 4 NOTICE of No Related Cases by Bank of America, National Association (kc, COURT STAFF) (Filed on 1/5/2012) |
Filing 3 Certificate of Interested Entities by Bank of America, National Association identifying Other Affiliate NB Holdings Corporation, Other Affiliate BAC North America Holding Company, Other Affiliate BANA Holding Corporation, Other Affiliate Merrill Lynch, Pierce, Fenner & Smith, Inc, Other Affiliate Bank of America, N.A., Other Affiliate Merrill Lynch & Co., Inc., Other Affiliate Bank of America Corporation for Bank of America, National Association. (kc, COURT STAFF) (Filed on 1/5/2012) |
Filing 2 Declaration of Robert M. Drozynski in Support of #1 Notice of Removal filed byBank of America, National Association. (Related document(s) #1 ) (kc, COURT STAFF) (Filed on 1/5/2012) |
Filing 1 NOTICE OF REMOVAL, no process, from San Francisco County Superior Court. Their case number is CGC-11-516307. (Filing fee $350 receipt number 34611068857). Filed byBank of America, National Association. (Attachments: #1 Civil Cover Sheet)(kc, COURT STAFF) (Filed on 1/5/2012) |
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