Iron Bridge Mortgage Fund, LLC v. Alvarez
Iron Bridge Mortgage Fund, LLC |
Sergio Alvarez, an individual, BANK OF AMERICA, N.A., a National Association, DOES 1 through 50, Inclusive, Bank of America, N.A. and Sergio Alvarez |
4:2020cv08581 |
December 4, 2020 |
US District Court for the Northern District of California |
Laurel Beeler |
Phyllis J Hamilton |
Contract: Other |
28 U.S.C. § 1332 Diversity-Other Contract |
None |
Docket Report
This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.
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Filing 60 NOTICE of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(I), by Iron Bridge Mortgage Fund, LLC (Attachments: #1 Certificate/Proof of Service Certificate of Service)(Perez, Jacoby) (Filed on 7/30/2021) Modified on 8/2/2021 (jlmS, COURT STAFF). |
Reset hearing as to #56 MOTION to Dismiss Second Amended Complaint. Motion Hearing set for 9/2/2021 at 01:30 PM - Videoconference Only before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 7/29/2021) |
Filing 59 Second Renotice of Motion re #56 Motion to Dismiss Second Amended Complaint, filed by Sergio Alvarez (Daniels, Lawrence) (Filed on 7/28/2021) Modified on 7/29/2021 (jlmS, COURT STAFF). |
Filing 58 Renotice of Motion re #56 Motion to Dismiss Second Amended Complaint, filed by Sergio Alvarez (Daniels, Lawrence) (Filed on 7/26/2021) Modified on 7/27/2021 (jlmS, COURT STAFF). |
Filing 57 CLERK'S NOTICE. Notice is hereby given that counsel must re-notice NOT re- file #56 Motion to Dismiss Second Amended Complaint. Hearing date of September 9th, is vacated due to Judge's unavailability. The briefing schedule remains in effect. Counsel is directed to check the Judge's webpage on the Court's website regarding scheduling before re-noticing the motion for a new hearing date. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 7/26/2021) |
Filing 56 MOTION to Dismiss Second Amended Complaint filed by Sergio Alvarez. Motion Hearing set for 9/9/2021 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 8/6/2021. Replies due by 8/13/2021. (Daniels, Lawrence) (Filed on 7/23/2021) |
Filing 55 SECOND AMENDED COMPLAINT against Sergio Alvarez. Filed by Iron Bridge Mortgage Fund, LLC. (Attachments: #1 Certificate/Proof of Service POS)(Perez, Jacoby) (Filed on 7/8/2021) Modified on 7/9/2021 (jlmS, COURT STAFF). Modified on 7/9/2021 (jlmS, COURT STAFF). |
Filing 54 Order GRANTING #43 Motion to Dismiss. The court allows plaintiff 28 days from the date of the hearing to file a second amended complaint correcting all deficiencies in the remaining claims. Signed by Judge Phyllis J. Hamilton on June 11, 2021.(pjhlc1S, COURT STAFF) (Filed on 6/11/2021) |
Filing 53 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that on 10/21/2021 at 2:00 p.m. the Hon. Phyllis J. Hamilton will conduct the Initial Case Management Conference, previously set for 7/15/2021. Joint Case Management Statement due by 10/14/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 6/10/2021) |
Filing 52 Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 6/10/2021 re #43 MOTION to Dismiss filed by Sergio Alvarez. Amended Pleadings due by 7/8/2021. Court Reporter: Diane Skillman. (kcS, COURT STAFF) (Date Filed: 6/10/2021) |
Filing 51 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing re #43 Motion to Dismiss set for 6/10/2021 at 01:30 PM - Videoconference Only before Judge Phyllis J. Hamilton. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/pjh General Order 58. Persons granted access to court proce edings 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.) (kcS, COURT STAFF) (F iled on 6/9/2021) |
Filing 50 ORDER GRANTING Motion to Dismiss of defendant Bank of America, N.A. #28 . Signed by Judge Phyllis J. Hamilton. (pjhlc1S, COURT STAFF) (Filed on 5/14/2021) |
Filing 49 Reply (re #43 Motion to Dismiss) filed by Sergio Alvarez. (Daniels, Lawrence) (Filed on 5/13/2021) Modified on 5/13/2021 (kcS, COURT STAFF). |
Filing 48 OPPOSITION/RESPONSE (re #43 MOTION to Dismiss ) To Defendant Sergio Alvarez's Motion to Dismiss; Memorandum of Points and Authorities in Support filed byIron Bridge Mortgage Fund, LLC. (Attachments: #1 Certificate/Proof of Service)(Perez, Jacoby) (Filed on 5/5/2021) |
Filing 47 NOTICE of Appearance of Jacoby Ryan Perez as Counsel, filed by Iron Bridge Mortgage Fund, LLC (Perez, Jacoby) (Filed on 4/26/2021) Modified on 4/26/2021 (jlmS, COURT STAFF). |
Filing 46 Notice of Withdrawal of Motion to Dismiss Filed Against Wrong Complaint (Daniels, Lawrence) (Filed on 4/23/2021) |
Filing 45 CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that on July 15, 2021 at 2:00 P.M., via Zoom webinar, the HONORABLE PHYLLIS J. HAMILTON will conduct the Initial Case Management Conference previously noticed for June 10, 2021, in this matter. Joint Case Management Statement due by 7/8/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 4/23/2021) |
Filing 44 NOTICE of Substitution of Counsel: Attorney Adam A. Vukovic will be substituted as counsel and replaced by Samuel Rousseau Melamed, filed by Bank of America, N.A.. (Melamed, Samuel) (Filed on 4/23/2021) Modified on 4/26/2021 (jlmS, COURT STAFF). |
Filing 43 MOTION to Dismiss filed by Sergio Alvarez. Motion Hearing set for 6/10/2021 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 5/6/2021. Replies due by 5/13/2021. (Daniels, Lawrence) (Filed on 4/22/2021) |
Filing 42 Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 4/22/2021 re #28 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT filed by Bank of America, N.A. Court Reporter: Raynee Mercado. (kcS, COURT STAFF) (Date Filed: 4/22/2021) |
#Electronic filing error. REMINDER TO COUNSEL: Counsel is instructed that all future filings shall bear the initials PJH immediately after the case number. Re: #41 MOTION to Dismiss filed by Sergio Alvarez (jmlS, COURT STAFF) (Filed on 4/21/2021) |
Filing 41 MOTION to Dismiss filed by Sergio Alvarez. Motion Hearing set for 6/10/2021 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 5/5/2021. Replies due by 5/12/2021. (Daniels, Lawrence) (Filed on 4/21/2021) |
Filing 40 CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing re #28 Motion to Dismiss First Amended Complaint set for 4/22/2021 at 01:30 PM - Videoconference Only before Judge Phyllis J. Hamilton. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/pjh General Order 58. Persons grant ed 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/. (Related documents(s) #28 ) (This is a text-only entry generated by the court. There is no document associat ed with this entry.) (kcS, COURT STAFF) (Filed on 4/21/2021) |
Filing 39 REPLY (re #28 MOTION to Dismiss), filed byBank of America, N.A.. (Vukovic, Adam) (Filed on 3/18/2021) Modified on 3/19/2021 (jlmS, COURT STAFF). |
Filing 38 OPPOSITION/RESPONSE (re #28 MOTION to Dismiss Amended Complaint, filed by Iron Bridge Mortgage Fund, LLC. (Attachments: #1 Certificate/Proof of Service)(Tungate, Adeline) (Filed on 3/12/2021) Modified on 3/15/2021 (jlmS, COURT STAFF). |
Filing 37 Renotice motion hearing re #28 MOTION to Dismiss filed by Bank of America, N.A. (Attachments: #1 Proposed Order)(Related document(s) #28 , #36 ) (Vukovic, Adam) (Filed on 3/5/2021) Modified on 3/5/2021 (kcS, COURT STAFF). Modified on 3/8/2021 (jlmS, COURT STAFF). |
Filing 36 ***DISREGARD, ENTERED IN ERROR. SEE DOCKET #37 FOR CORRECTED ENTRY***MOTION for Hearing re #28 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT, #34 Order Reassigning Case,, Case Assigned/Reassigned, filed by Bank of America, N.A.. (Attachments: #1 Proposed Order)(Vukovic, Adam) (Filed on 3/5/2021) Modified on 3/5/2021 (kcS, COURT STAFF). Modified on 3/8/2021 (jlmS, COURT STAFF). |
Filing 35 ORDER SETTING CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 6/10/2021. Initial Case Management Conference set for 6/17/2021 at 02:00 PM - Videoconference Only. Signed by Judge Phyllis J. Hamilton on 3/5/2021. (kcS, COURT STAFF) (Filed on 3/5/2021) |
Reset Deadlines as to #28 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT. Motion Hearing set for 4/22/2021 at 01:30 PM in Oakland, - Videoconference Only before Judge Phyllis J. Hamilton. (kcS, COURT STAFF) (Filed on 3/5/2021) |
Filing 34 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Phyllis J. Hamilton for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case,. Signed by The Clerk on 3/4/21. (haS, COURT STAFF) (Filed on 3/4/2021) |
Filing 33 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. (ejkS, COURT STAFF) (Filed on 3/3/2021) |
Filing 32 Declaration of Darlene Hernandez in Support of #31 Stipulation JOINT STIPULATION FOR REASSIGNMENT TO UNITED STATES DISTRICT JUDGE filed byIron Bridge Mortgage Fund, LLC. (Related document(s) #31 ) (Hernandez, Darlene) (Filed on 3/2/2021) |
Filing 31 STIPULATION JOINT STIPULATION FOR REASSIGNMENT TO UNITED STATES DISTRICT JUDGE filed by Iron Bridge Mortgage Fund, LLC. (Attachments: #1 Certificate/Proof of Service)(Hernandez, Darlene) (Filed on 3/2/2021) |
Filing 30 CLERKS NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME. Initial Case Management Conference set for 5/27/2021 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons gran ted 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.) i> (ejkS, COURT STAFF) (Filed on 3/2/2021) |
Filing 29 ORDER. Bank of America has filed a motion to dismiss at ECF No. 28. The court cannot address the pending motion without the full consent of the parties, even defendants who have not appeared. See Williams v. King, 875 F.3d 500, 503-04 (9th Cir. 2017). Sometimes the court can sever a party, and the court generally does under Federal Rule of Civil Procedure 21 for a defaulting defendant where there is an independent basis for jurisdiction and the parties agree. In that process, the court opens a separate, related case and addresses any issues for the defaulting defendant at the end, either directly (through dismissal) or with a report and recommendation (for any default-judgment motion). The main case thus can move forward. Alternatively, the court can reassign the whole case to a district judge. Here, the issues are (1) defendant Alvarez has not appeared or consented to the court's jurisdiction and his response to the FAC is not due until 3/15/2021, and (2) it is unclear from the FAC whether diversity jurisdiction exists between the plaintiff and defendant Alvarez if the parties wish to sever the case against Mr. Alvarez. Johnson v. Columbia Props. Anchorage, LP , 437 F.3d 894, 899 (9th Cir. 2006) ("an LLC is a citizen of every state of which its owners/members are citizens"). The court thus asks the parties to confer and submit a joint statement on proposed next steps. The statement should include the parties' views on (1) the appearance of defendant Alvarez, (2) whether reassignment or severance would be appropriate, and (3) the basis for diversity jurisdiction between the plaintiff and Alvarez if the parties wish to sever the case against him. The parties may also consider adjusting the briefing schedule or hearing date for the pending motion to allow for Mr. Alvarez's appearance. The joint statement is due Wednesday 3/3/2021. Signed by Judge Laurel Beeler on 2/26/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 2/26/2021) |
Filing 28 MOTION to Dismiss PLAINTIFFS FIRST AMENDED COMPLAINT filed by Bank of America, N.A.. Motion Hearing set for 4/8/2021 09:30 AM in San Francisco, Courtroom B, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 3/12/2021. Replies due by 3/19/2021. (Attachments: #1 Proposed Order)(Vukovic, Adam) (Filed on 2/26/2021) |
Filing 27 NOTICE of Appearance by Austin Benjamin Kenney (Kenney, Austin) (Filed on 2/26/2021) |
Filing 26 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Given the contemplated motion and the deadline regarding default, the court continues the CMC to 5/27/2021 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 5/20/2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/26/2021) |
Filing 25 Corporate Disclosure Statement by Iron Bridge Mortgage Fund, LLC (Attachments: #1 Certificate/Proof of Service)(Hernandez, Darlene) (Filed on 2/25/2021) |
Filing 24 SUMMONS Returned Executed by Iron Bridge Mortgage Fund, LLC. Sergio Alvarez served on 2/22/2021, answer due 3/15/2021. (Hernandez, Darlene) (Filed on 2/25/2021) |
Filing 23 SUMMONS Returned Executed by Iron Bridge Mortgage Fund, LLC. Bank of America, N.A. served on 2/19/2021, answer due 3/12/2021. (Hernandez, Darlene) (Filed on 2/25/2021) |
Filing 22 JOINT CASE MANAGEMENT STATEMENT filed by Iron Bridge Mortgage Fund, LLC. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Hernandez, Darlene) (Filed on 2/25/2021) |
Filing 21 First Amended Complaint Summons Issued as to Sergio Alvarez, Bank of America, N.A. (mclS, COURT STAFF) (Filed on 2/16/2021) |
Filing 20 Proposed Summons. (Hernandez, Darlene) (Filed on 2/12/2021) |
Filing 19 AMENDED COMPLAINT NEGLIGENCE; BREACH OF WARRANTY AS TO PAYMENT TO AUTHORIZED PERSON; BREACH OF CONTRACT; DECLARATORY RELIEF; VIOLATION OF BUSINESS & PROFESSIONS CODE; FRAUD against All Defendants. Filed byIron Bridge Mortgage Fund, LLC. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-6)(Hernandez, Darlene) (Filed on 2/12/2021) |
Filing 18 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Vukovic, Adam) (Filed on 2/12/2021) |
Filing 17 STIPULATION to Set Deadline for Plaintiff to File First Amended Complaint filed by Bank of America, N.A.. (Vukovic, Adam) (Filed on 1/29/2021) |
Filing 16 CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 3/4/2021 at 11:00 AM is reset to 9:30 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/lb General Order 58. Persons granted access to court pr oceedings 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.) (ejkS, COURT STAFF) (Filed on 1/19/2021) |
Filing 15 STIPULATION re #1 Complaint, to Further Extend Time to Respond to Complaint filed by Bank of America, N.A.. (Vukovic, Adam) (Filed on 1/11/2021) |
Filing 14 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Iron Bridge Mortgage Fund, LLC.. (Nagata, Marisol) (Filed on 1/5/2021) |
Filing 13 SUMMONS Returned Executed by Iron Bridge Mortgage Fund, LLC. Sergio Alvarez served on 12/24/2020, answer due 1/14/2021. (Nagata, Marisol) (Filed on 12/30/2020) |
Filing 12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bank of America, N.A... (Vukovic, Adam) (Filed on 12/29/2020) |
Filing 11 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 1/12/2021. (ejkS, COURT STAFF) (Filed on 12/29/2020) |
Filing 10 STIPULATION re #1 Complaint, to Extend Time for Defendant to Respond to Complaint filed by Bank of America, N.A.. (Vukovic, Adam) (Filed on 12/23/2020) |
Filing 9 SUMMONS Returned Executed by Iron Bridge Mortgage Fund, LLC. Bank of America, N.A. served on 12/14/2020, answer due 1/4/2021. (Nagata, Marisol) (Filed on 12/15/2020) |
Filing 8 Summons Issued as to Sergio Alvarez, Bank of America, N.A.. (slhS, COURT STAFF) (Filed on 12/7/2020) |
Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/25/2021. Initial Case Management Conference set for 3/4/2021 11:00 AM in San Francisco, Courtroom B, 15th Floor. (slhS, COURT STAFF) (Filed on 12/7/2020) |
Filing 6 Certificate of Interested Entities by Iron Bridge Mortgage Fund, LLC re #1 Complaint, (Nagata, Marisol) (Filed on 12/7/2020) |
Filing 5 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Laurel Beeler for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case,. Signed by Clerk on 12/04/2020. (mbcS, COURT STAFF) (Filed on 12/4/2020) |
Filing 4 ORDER of Recusal by Magistrate Judge Alex G. Tse. (shyS, COURT STAFF) (Filed on 12/4/2020) |
Filing 3 Case assigned to Magistrate Judge Alex G. Tse. 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 12/18/2020. (anjS, COURT STAFF) (Filed on 12/4/2020) |
Filing 2 Proposed Summons. (Nagata, Marisol) (Filed on 12/4/2020) |
Filing 1 COMPLAINT for Negligence, Breach of Warranty as to Payment to Authorized Person, Breach of Contract against Bank of America, N.A., Sergio Alvarez (Filing fee $ 402, receipt number 0971-15275384). Filed by Iron Bridge Mortgage Fund, LLC. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-6, #3 Civil Cover Sheet)(Nagata, Marisol) (Filed on 12/4/2020) Modified on 12/7/2020 (slhS, COURT STAFF). |
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