McCreary v. Wells Fargo Bank, N.A.
| James McCreary and Cheryl McCreary |
| Wells Fargo Bank, N.A., Fay Servicing, LLC and Wilmington Trust, National Association, not in its individual capacity but solely as Trustee for MFRA Trust 2016-1 |
| 3:2018cv04200 |
| July 13, 2018 |
| US District Court for the Northern District of California |
| Vince Chhabria |
| Kandis A Westmore |
| Real Property: Other |
| Both |
Docket Report
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This docket was last retrieved on May 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 26 MOTION to Dismiss Defendant Wells Fargo Bank, N.A.'s Notice of Motion and Motion to Dismiss Plaintiffs' First Complaint Pursuant to FRCP 12(b)(6); Memorandum of Points and Authorities filed by Wells Fargo Bank, N.A.. Motion Hearing set for 10/25/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 9/21/2018. Replies due by 9/28/2018. (Attachments: #1 Request for Dismissal, #2 Proposed Order)(Duong, Le) (Filed on 9/7/2018) |
Filing 25
ORDER TO VACATE HEARING. Signed by Judge Vince Chhabria on 9/6/2018. (knm, COURT STAFF) (Filed on 9/6/2018)
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| Filing 24 Notice of Withdrawal of Motion Defendant Wells Fargo Bank, N.A.'s Notice of Motion and Motion to Withdraw Motion to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(B)(6) (Duong, Le) (Filed on 9/4/2018) |
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Filing 23
ORDER RE AMENDED COMPLAINT. Signed by Judge Vince Chhabria on 8/31/2018. (knm, COURT STAFF) (Filed on 8/31/2018)
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| Filing 22 Brief re #12 MOTION to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities Request to Maintain Existing Heraing on Motion to Disiss Plaintiff's Complaint filed byFay Servicing, LLC, Wilmington Trust, National Association, not in its individual capacity but solely as Trustee for MFRA Trust 2016-1. (Related document(s) #12 ) (Brady, Jennifer) (Filed on 8/29/2018) |
| Filing 21 AMENDED COMPLAINT against All Defendants. Filed byJames McCreary, Cheryl McCreary. (Shapero, Sarah) (Filed on 8/24/2018) |
| Filing 20 OPPOSITION/RESPONSE (re #16 MOTION to Dismiss Defendant Wells Fargo Bank N.A.'s Notice of Motion and Motion to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6); Memorandum of Points and Authorities ) Non-Opposition and Intent to File Amended Complaint filed byJames McCreary. (Shapero, Sarah) (Filed on 8/18/2018) |
| Filing 19 REPLY (re #12 MOTION to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities ) filed byFay Servicing, LLC, Wilmington Trust, National Association, not in its individual capacity but solely as Trustee for MFRA Trust 2016-1. (Brady, Jennifer) (Filed on 8/10/2018) |
| Filing 18 CLERK'S NOTICE RESCHEDULING THE HEARING RE #12 MOTION to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities FROM 9/6/2018 TO 9/13/2018 TO BE HEARD WITH THE OTHER MOTION TO DISMISS. The change in hearing date does not change the briefing schedule set upon the filing of the motion. Motion Hearing set for 9/13/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 8/6/2018) |
| Filing 17 OPPOSITION/RESPONSE (re #12 MOTION to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities ) filed byJames McCreary. (Attachments: #1 Certificate/Proof of Service)(Shapero, Sarah) (Filed on 8/3/2018) |
| Filing 16 MOTION to Dismiss Defendant Wells Fargo Bank N.A.'s Notice of Motion and Motion to Dismiss Plaintiff's Complaint Pursuant to FRCP 12(b)(6); Memorandum of Points and Authorities filed by Wells Fargo Bank, N.A.. Motion Hearing set for 9/13/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 8/17/2018. Replies due by 8/24/2018. (Attachments: #1 Request for Judicial Notice, #2 Proposed Order)(Duong, Le) (Filed on 8/3/2018) |
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Filing 15
Order by Judge Vince Chhabria granting #14 Stipulation for Extensoin of Time for Defendant Wells Fargo Bank, N.A. to Respond to Complaint.(knm, COURT STAFF) (Filed on 7/23/2018)
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| Filing 14 STIPULATION WITH PROPOSED ORDER Stipulation and [Proposed] Order for Extensoin of Time for Defendant Wells Fargo Bank, N.A. to Respond to Complaint filed by Wells Fargo Bank, N.A.. (Duong, Le) (Filed on 7/20/2018) |
| Filing 13 Request for Judicial Notice re #12 MOTION to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities filed byFay Servicing, LLC, Wilmington Trust, National Association, not in its individual capacity but solely as Trustee for MFRA Trust 2016-1. (Related document(s) #12 ) (Brady, Jennifer) (Filed on 7/20/2018) |
| Filing 12 MOTION to Dismiss Plaintiff's Complaint; Memorandum of Points and Authorities filed by Fay Servicing, LLC, Wilmington Trust, National Association, not in its individual capacity but solely as Trustee for MFRA Trust 2016-1. Motion Hearing set for 9/6/2018 10:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria. Responses due by 8/3/2018. Replies due by 8/10/2018. (Brady, Jennifer) (Filed on 7/20/2018) |
| Filing 11 REASSIGNED CASE - NOTICE OF NEW HEARING DATE: You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Case Management Statement due by 10/9/2018. Initial Case Management Conference set for 10/16/2018 01:30 PM in San Francisco, Courtroom 04, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (knm, COURT STAFF) (Filed on 7/19/2018) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Judge Vince Chhabria for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 7/18/2018. (Attachments: #1 Notice of Eligibility for Video Recording)(jmlS, COURT STAFF) (Filed on 7/18/2018)
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| Filing 9 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. (sisS, COURT STAFF) (Filed on 7/18/2018) |
| Filing 8 DECLINATION to Proceed Before a US Magistrate Judge by Fay Servicing, LLC. (Brady, Jennifer) (Filed on 7/17/2018) Modified on 7/17/2018 (jmlS, COURT STAFF). |
| Filing 7 CERTIFICATE OF SERVICE by Wells Fargo Bank, N.A. re #3 Civil Cover Sheet, #1 Notice of Removal, #5 Certificate of Interested Entities Proof of Service (Duong, Le) (Filed on 7/16/2018) |
| Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/9/2018. Initial Case Management Conference set for 10/16/2018 01:30 PM. (jmlS, COURT STAFF) (Filed on 7/13/2018) |
| Filing 5 Certificate of Interested Entities by Wells Fargo Bank, N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (Duong, Le) (Filed on 7/13/2018) |
| Filing 4 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. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/27/2018. (srnS, COURT STAFF) (Filed on 7/13/2018) |
| Filing 3 Civil Cover Sheet by Wells Fargo Bank, N.A. . (Duong, Le) (Filed on 7/13/2018) |
| Filing 2 ***ERRONEOUS ENTRY, PLEASE SEE DOCUMENT NO. #5 *** Certificate of Interested Entities by Wells Fargo Bank, N.A. Defendant Wells Fargo Bank, N.A.'s Certification of Interested Entities or Persons (Duong, Le) (Filed on 7/13/2018) Modified on 7/13/2018 (jlmS, COURT STAFF). |
| Filing 1 NOTICE OF REMOVAL Civil Action Under 28 U.S.C. 1331 and 1441 from Contra Costa County Superior. Their case number is C18-01162. (Filing fee $400 receipt number 0971-12510518). Filed byWells Fargo Bank, N.A.. (Attachments: #1 Exhibit A to Notice of Removal)(Duong, Le) (Filed on 7/13/2018) Modified on 7/13/2018 (jmlS, COURT STAFF). |
| #Electronic filing error. Names of interested entities or person MUST be entered at the prompt. This filing will not be processed by the clerks office. Please re-file in its entirety. Re: #2 Certificate of Interested Entities filed by Wells Fargo Bank, N.A. (jmlS, COURT STAFF) (Filed on 7/13/2018) |
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