Smith et al v. Barrett, Daffin, Frappier, Treder & Weiss, LLP et al
Plaintiff: Equann D. Smith and Russell A. Robinson
Defendant: Wells Fargo Bank, NA and Barrett, Daffin, Frappier, Treder & Weiss, LLP
Case Number: 4:2018cv06098
Filed: October 4, 2018
Court: US District Court for the Northern District of California
Presiding Judge: Donna M Ryu
Referring Judge: Kandis A Westmore
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2018 Opinion or Order Filing 26 ORDER to File Dismissal Within 60 Days. Signed by Judge Kandis A. Westmore on 11/15/2018. (kawlc2, COURT STAFF) (Filed on 11/15/2018)
November 13, 2018 Filing 25 NOTICE by Wells Fargo Bank, NA of Settlement in Principle (Rapkine, Michael) (Filed on 11/13/2018)
November 8, 2018 Filing 24 ADR Remark: ADR Phone Conference in Early Assessment of Mortgage Foreclosure Case held on 11/8/2018 by Howard Herman. (cmf, COURT STAFF) (Filed on 11/8/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.)
November 6, 2018 Opinion or Order Filing 23 ORDER by Judge Kandis A. Westmore Discharging #20 Order to Show Cause; Terminating #9 Motion to Dismiss. (kawlc2, COURT STAFF) (Filed on 11/6/2018)
November 2, 2018 Filing 22 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF against All Defendants. Filed by Equann D. Smith, Russell A. Robinson. (Robinson, Russell) (Filed on 11/2/2018) Modified on 11/5/2018 (jmlS, COURT STAFF).
October 31, 2018 Filing 21 NOTICE OF INTENT TO AMEND by Russell A. Robinson, Equann D. Smith re #11 Amended Document, #10 Request for Judicial Notice, #9 MOTION to Dismiss the Complaint, #20 Order to Show Cause, #14 Joinder (Robinson, Russell) (Filed on 10/31/2018) Modified on 11/1/2018 (jmlS, COURT STAFF).
October 30, 2018 Opinion or Order Filing 20 ORDER TO SHOW CAUSE. Show Cause Response due by 11/6/2018. Signed by Judge Kandis A. Westmore on 10/30/2018. (kawlc2S, COURT STAFF) (Filed on 10/30/2018)
October 26, 2018 Filing 19 NOTICE by Wells Fargo Bank, NA that State Court Received Notice of Removal (Attachments: #1 Exhibit A)(Rapkine, Michael) (Filed on 10/26/2018)
October 15, 2018 Filing 18 ADR Clerk's Notice Setting Early Assessment ADR Phone Conference in Mortgage Foreclosure Case on November 8, 2018 at 10:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 10/15/2018)
October 15, 2018 Opinion or Order Filing 17 Order Referring Mortgage Foreclosure Case to ADR for Early Assessment Telephone Conference. Signed by Judge Kandis A. Westmore on 10/15/2018. (kawlc2, COURT STAFF) (Filed on 10/15/2018)
October 15, 2018 Filing 16 CONSENT to Proceed Before a US Magistrate Judge by Wells Fargo Bank, NA. (Rapkine, Michael) (Filed on 10/15/2018) Modified on 10/15/2018 (jmlS, COURT STAFF).
October 15, 2018 Filing 15 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants 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 10/22/2018. (sisS, COURT STAFF) (Filed on 10/15/2018)
October 12, 2018 Filing 14 Joinder re #9 MOTION to Dismiss the Complaint by Barrett, Daffin, Frappier, Treder & Weiss, LLP. (Attachments: #1 Proposed Order)(Lee, James) (Filed on 10/12/2018)
October 12, 2018 Filing 13 CONSENT to Proceed Before a US Magistrate Judge by Barrett, Daffin, Frappier, Treder & Weiss, LLP. (Lee, James) (Filed on 10/12/2018) Modified on 10/15/2018 (jmlS, COURT STAFF).
October 12, 2018 Filing 12 Certificate of Interested Entities by Barrett, Daffin, Frappier, Treder & Weiss, LLP identifying Corporate Parent WEISS TREDER & KLINGERMAN, LLP, Corporate Parent Barrett Daffin Frappier Turner & Engel, LLP for Barrett, Daffin, Frappier, Treder & Weiss, LLP. (Lee, James) (Filed on 10/12/2018)
October 11, 2018 Filing 11 AMENDED DOCUMENT by Wells Fargo Bank, NA. Certificate of Service to Motion to Dismiss and Order. (Rapkine, Michael) (Filed on 10/11/2018)
October 11, 2018 Filing 10 Request for Judicial Notice re #9 MOTION to Dismiss the Complaint filed byWells Fargo Bank, NA. (Related document(s) #9 ) (Rapkine, Michael) (Filed on 10/11/2018)
October 11, 2018 Filing 9 MOTION to Dismiss the Complaint filed by Wells Fargo Bank, NA. Motion Hearing set for 12/20/2018 01:30 PM before Magistrate Judge Kandis A. Westmore. Responses due by 10/25/2018. Replies due by 11/1/2018. (Attachments: #1 Proposed Order)(Rapkine, Michael) (Filed on 10/11/2018)
October 10, 2018 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Kandis A. Westmore for all further proceedings. Magistrate Judge Donna M. Ryu no longer assigned to the case. Signed by Executive Committee on 10/10/2018. (jmlS, COURT STAFF) (Filed on 10/10/2018)
October 9, 2018 Opinion or Order Filing 7 ORDER OF RECUSAL. Signed by Magistrate Judge Donna M. Ryu on 10/9/2018. (dmrlc1, COURT STAFF) (Filed on 10/9/2018)
October 5, 2018 Filing 6 CERTIFICATE OF SERVICE by Wells Fargo Bank, NA re #3 Joinder, #5 Initial Case Management Scheduling Order with ADR Deadlines, #1 Notice of Removal, 4 Case Assigned by Intake,,, #2 Certificate of Interested Entities of Removal-Related Documents (Rapkine, Michael) (Filed on 10/5/2018)
October 4, 2018 Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/26/2018. Initial Case Management Conference set for 1/2/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (jmlS, COURT STAFF) (Filed on 10/4/2018)
October 4, 2018 Filing 4 Case assigned to Magistrate Judge Donna M. Ryu. 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 10/18/2018. (srnS, COURT STAFF) (Filed on 10/4/2018)
October 4, 2018 Filing 3 Joinder re #1 Notice of Removal, Consent by Defendant Barrett Daffin Frappier Treder & Weiss, LLP by Wells Fargo Bank, NA. (Rapkine, Michael) (Filed on 10/4/2018)
October 4, 2018 Filing 2 Certificate of Interested Entities by Wells Fargo Bank, NA identifying Corporate Parent Wells Fargo & Co. for Wells Fargo Bank, NA. re #1 Notice of Removal, (Rapkine, Michael) (Filed on 10/4/2018)
October 4, 2018 Filing 1 NOTICE OF REMOVAL Pursuant to 28 U.S.C. Sections 1441(b), 1331 and 1334 from Alameda County Superior Court with jury demand (no process). Their case number is RG18910954. (Filing fee $400 receipt number 0971-12735193). Filed by Wells Fargo Bank, NA. (Attachments: #1 Civil Cover Sheet)(Rapkine, Michael) (Filed on 10/4/2018) Modified on 10/4/2018 (jmlS, COURT STAFF).

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Defendant: Wells Fargo Bank, NA
Represented By: Michael Rapkine
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Defendant: Barrett, Daffin, Frappier, Treder & Weiss, LLP
Represented By: James T. Lee
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Plaintiff: Equann D. Smith
Represented By: Russell Alan Robinson
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Plaintiff: Russell A. Robinson
Represented By: Russell Alan Robinson
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