Echard v. Wells Fargo Bank NA et al
| Brian Echard |
| Wells Fargo Bank N.A and Wells Fargo & Company |
| 4:2021cv06984 |
| September 9, 2021 |
| US District Court for the Northern District of California |
| San Francisco Office |
| Jacqueline Scott Corley |
| Jon S Tigar |
| Real Property: Other |
| 15 U.S.C. § 1601 |
| Both |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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| Remark: Case transferred from California Northern has been opened in Southern District of Ohio as case 2:21-cv-05080. (bnsS, COURT STAFF) (Filed on 10/19/2021) |
Filing 55
ORDER GRANTING JOINT ADMINISTRATIVE MOTION AND TRANSFERRING VENUE TO UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO, EASTERN DIVISION by Judge Jon S. Tigar granting #53 Administrative Motion. (mllS, COURT STAFF) (Filed on 10/14/2021)
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| Filing 54 STIPULATION WITH PROPOSED ORDER EXTENDING PLAINTIFFS TIME TO RESPOND TO MOTION TO DISMISS AND CONTINUING HEARING filed by Wells Fargo Bank N.A. (Lui-Kwan, Kalama) (Filed on 10/8/2021) |
| Filing 53 Joint ADMINISTRATIVE MOTION to Withdraw Pending Motions and Transfer Venue filed by Wells Fargo Bank N.A. Responses due by 10/5/2021. (Attachments: #1 Proposed Order)(Andrews, Elizabeth) (Filed on 10/1/2021) |
| Filing 52 MOTION to Dismiss First Amended Complaint filed by Wells Fargo Bank N.A. Motion Hearing set for 11/4/2021 02:00 PM in Oakland, Courtroom 6, 2nd Floor before Judge Jon S. Tigar. Responses due by 10/8/2021. Replies due by 10/15/2021. (Attachments: #1 Proposed Order)(Lui-Kwan, Kalama) (Filed on 9/24/2021) |
| Correcting time of CMC from 2:00 AM to 2:00 PM. Connection information remains the same. Set Deadlines/Hearings: Initial Case Management Conference set for 1/4/2022 02:00 PM in Oakland, - Videoconference Only. (mllS, COURT STAFF) (Filed on 9/24/2021) |
| Filing 51 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 12/28/2021. Initial Case Management Conference set for 1/4/2022 02:00 AM in Oakland, - 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/jst Court Appearances: Advan ced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. One list of names of all counsel appearing for all parties must be sent in one email to the CRD at JSTCRD@cand.uscourts.gov no later than January 3, 2022 by 2:00 p.m.General Order 58. Persons granted 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/. Case Management Statement due by 12/28/2021. Initial Case Management Conference set for 1/4/2022 02:00 AM in Oakland, - Videoconference Only. (mllS, COURT STAFF) (Filed on 9/21/2021) |
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Filing 50
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jon S. Tigar for all further proceedings. Magistrate Judge Jacqueline Scott Corley 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 9/21/21. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 9/21/2021)
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| Filing 49 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. (ahm, COURT STAFF) (Filed on 9/20/2021) |
| Filing 48 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Brian Echard.. (Lowney, Knoll) (Filed on 9/20/2021) |
| Filing 47 Brief Reply in Support of #28 Motion to Stay Discovery Pending Resolution of Defendant's Motion for Judgment on the Pleadings filed byWells Fargo Bank N.A. (Andrews, Elizabeth) (Filed on 9/20/2021) |
| Filing 46 OPPOSITION/RESPONSE (re #40 MOTION for Leave to File Motion for Reconsideration Pursuant to Civil L.R. 7-9 Re: Order of Transfer ) filed byBrian Echard. (Lowney, Knoll) (Filed on 9/14/2021) |
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Filing 45
ORDER by Magistrate Judge Jacqueline Scott Corley granting #42 Motion for Pro Hac Vice as to Knoll Lowney. (ahm, COURT STAFF) (Filed on 9/14/2021)
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| Filing 44 RESPONSE to #28 Defendant's Motion to Stay Discovery by Brian Echard. (Wolfsdorf, Bernard) (Filed on 9/13/2021) Modified on 9/13/2021 (sfbS, COURT STAFF). |
| Filing 43 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wells Fargo Bank N.A.. (Andrews, Elizabeth) (Filed on 9/13/2021) |
| Filing 42 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number 0971-16383952.) filed by Brian Echard. (Attachments: #1 certificate of good standing)(Lowney, Knoll) (Filed on 9/13/2021) |
| Filing 41 NOTICE of Appearance by Bernard Pavel Wolfsdorf (Wolfsdorf, Bernard) (Filed on 9/13/2021) |
| Filing 40 MOTION for Leave to File Motion for Reconsideration Pursuant to Civil L.R. 7-9 Re: Order of Transfer filed by Wells Fargo Bank N.A. (Attachments: #1 Exhibit A - Proposed Motion for Reconsideration, #2 Proposed Order Granting Motion for Leave to File Motion for Reconsideration)(Andrews, Elizabeth) (Filed on 9/10/2021) |
| Filing 39 NOTICE of Appearance by Elizabeth Holt Andrews (Andrews, Elizabeth) (Filed on 9/10/2021) |
| Filing 38 NOTICE of Appearance by Kalama M. Lui-Kwan (Lui-Kwan, Kalama) (Filed on 9/10/2021) |
| Filing 37 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants shall file a consent or declination to proceed before a magistrate judge by September 23, 2021. 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. (ahm, COURT STAFF) (Filed on 9/9/2021) |
| Filing 36 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/2/2021. Initial Case Management Conference set for 12/9/2021 01:30 PM in San Francisco, Courtroom E, 15th Floor. (sfbS, COURT STAFF) (Filed on 9/9/2021) |
| Filing 35 Case transferred in from District of Washington Western; Case Number 2:21-cv-00112. Original file certified copy of transfer order and docket sheet received. |
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Filing 34
ORDER OF TRANSFER re #27 Order to Show Cause. Based on the parties' responses to that order, it appears clear that venue for this matter is most appropriate in the Northern District of California, rather that the Western District of Washington or the Southern District of Ohio. Accordingly, the Court TRANSFERS this case to the United States District Court for the Northern District of California. Signed by U.S. District Judge John C. Coughenour. (PM)
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| Filing 33 DECLARATION of Knoll Lowney re #32 Response to Order to Show Cause by Plaintiff Brian Echard (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zemel, Marc) |
| Filing 32 RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Brian Echard re: #27 Order to Show Cause,, Util - Set/Reset Motion Noting Date, (Zemel, Marc) |
| Filing 31 RESPONSE by Defendants Wells Fargo & Company, Wells Fargo Bank NA re #27 Order to Show Cause,, Util - Set/Reset Motion Noting Date, (Cordell, Franklin) |
| Filing 30 REPLY, filed by Defendants Wells Fargo & Company, Wells Fargo Bank NA, TO RESPONSE to #19 MOTION for Judgment on the Pleadings (Cordell, Franklin) |
| Filing 29 DECLARATION of Jason E. Manning filed by Defendant Wells Fargo Bank NA re #28 MOTION to Stay Discovery Pending Resolution of Defendant's Motion for Judgment on the Pleadings (Cordell, Franklin) |
| Filing 28 MOTION to Stay Discovery Pending Resolution of Defendant's Motion for Judgment on the Pleadings, filed by Defendant Wells Fargo Bank NA. (Attachments: #1 Proposed Order) Noting Date 9/17/2021, (Cordell, Franklin) |
| Filing 27 MINUTE ORDER: The parties are ORDERED TO SHOW CAUSE why venue in this matter should not be transferred to the Southern District of Ohio pursuant to 28 U.S.C. 1391(b) and 1404. The parties must respond to this Minute Order, either jointly or separately, on or before September 3, 2021. The Clerk is DIRECTED to renote Defendant's motion for a judgment on the pleadings (Dkt. No. #19 ) to September 3, 2021. Authorized by U.S. District Judge John C. Coughenour. (MW) |
| Filing 26 DECLARATION of Brian Echard filed by Plaintiff Brian Echard re #19 MOTION for Judgment on the Pleadings (Koepfgen, Alyssa) |
| Filing 25 RESPONSE, by Plaintiff Brian Echard, to #19 MOTION for Judgment on the Pleadings . (Koepfgen, Alyssa) |
| Filing 24 NOTICE of Pendency of Other Action in Northern District of California, Western District of Virginia, Southern District of California, Southern District of California, Eastern District of Pennsylvania, Central District of California, case number(s) in other court 3:20-cv-06009-JD, 5:20-cv-00046, 3:20-cv-01689, 3:20-cv-01838, 2:21-cv-00797, 2:21-cv-00682 ; filed by Plaintiff Brian Echard. (Koepfgen, Alyssa) |
| Filing 23 CIVIL TRIAL SCHEDULING ORDER: Pursuant to the parties' joint status report, the Court issues the following scheduling order. All discovery including expert disclosures and all fact and expert depositions must be completed by the discovery cutoff date.Jury instructions must be numbered sequentially. Counsel should submit two copies of proposed jury instructions, one with citations and one without, and should send electronic copies of the instructions to the chambers orders inbox at coughenourorders@wawd.uscourts.gov. Counsel are advised that the Court relies primarily upon the Ninth Circuit Manual for Model Jury Instructions to prepare final instructions for submission to the jury.Counsel are advised that this case is one of several cases set for the week described in this order. Counsel must be prepared to commence trial as scheduled but also be aware that the trial may have to be continued. Counsel are directed to contact the Courtroom Deputy Clerk at gabriel.traber@wawd.uscourts.gov two to four weeks in advance of the trial date to inquire about the Court's calendar.Case management dates are established as follows: 5 to 10 Day Estimate Jury Trial is set for 1/23/2023 at 9:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour. Pretrial Order due by 1/13/2023, Pleading amendment/3rd pty action due by 4/25/2022, 39.1 mediation to be completed by 10/11/2022, Trial briefs to be submitted by 1/19/2023, Proposed voir dire/jury instructions due by 1/19/2023, Discovery completed by 9/26/2022, Dispositive motions due by 10/25/2022. Counsel must attend Courtroom Technology Training at least one month in advance of the trial to become familiar with the new A/V equipment now available in the courtroom. Training is held at 3:00 PM on the 1st and 3rd Wednesday of each month. (GT) |
| Filing 22 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 5-10. (Koepfgen, Alyssa) |
| Filing 21 MINUTE ORDER granting the parties' #20 Stipulated Motion to extend the briefing schedule on Defendant's motion for judgment on the pleadings. Plaintiff's response due 8/2/2021; Defendant's reply due 8/27/2021. Defendant's #19 MOTION for Judgment on the Pleadings is renoted to 8/27/2021. Authorized by U.S. District Judge John C. Coughenour. (PM) |
| Filing 20 Stipulated MOTION for Briefing Schedule and Proposed Order, filed by Plaintiff Brian Echard. Noting Date 6/30/2021, (Koepfgen, Alyssa) |
| Filing 19 MOTION for Judgment on the Pleadings , filed by Defendants Wells Fargo & Company, Wells Fargo Bank NA. (Attachments: #1 Proposed Order) Noting Date 9/3/2021 7/16/2021, (Cordell, Franklin) Modified on 8/25/2021 (MW). |
| Filing 18 REDACTION to #17 Answer to Amended Complaint by Defendants Wells Fargo & Company, Wells Fargo Bank NA (Cordell, Franklin) |
| NOTICE TO FILER: re #17 Answer to Amended Complaint. Document(s) contain personal identifiers (loan number) that must be redacted pursuant to Federal Rule of Civil Procedure 5.2(a) and Local Rule of Civil Procedure 5.2. You must refile a redacted version of your document by going to Other Documents and selecting Redacted Document. This event will allow you to relate back to the original filing and will not affect your original filing date. Pursuant to FRCP 5.2 and LCR 5.2, the document(s) have been administratively sealed by the Court. (PM) |
| Filing 17 SEALED ANSWER to #14 Amended Complaint with JURY DEMAND by Wells Fargo & Company, Wells Fargo Bank NA.(Cordell, Franklin) Modified on 6/2/2021 to seal due to sensitive financial information (PM). |
| Filing 16 MINUTE ORDER granting Defendant's #15 Stipulated Motion Extending Answer Deadline. The deadline for Defendant's answer to the FAC is June 1, 2021. The clerk is DIRECTED to terminate Defendant's motion to dismiss Plaintiff's previous complaint (Dkt. No. #6 ), as it was mooted by the filing of Plaintiff's FAC. Authorized by U.S. District Judge John C. Coughenour. (SR) |
| Filing 15 Stipulated MOTION and Proposed Order Extending Answer Deadline, filed by Defendant Wells Fargo Bank NA. Noting Date 5/7/2021, (Cordell, Franklin) |
| Attorney Eric D Lowney added for Brian Echard; per #14 Amended Complaint. (SR) |
| Filing 14 AMENDED COMPLAINT against defendant(s) Wells Fargo Bank NA with JURY DEMAND, filed by Brian Echard.(Koepfgen, Alyssa) |
| Filing 13 RESPONSE, by Plaintiff Brian Echard, to #6 MOTION to Dismiss . (Koepfgen, Alyssa) |
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Filing 12
ORDER re #10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Jason E Manning for Defendants Wells Fargo & Company and for Wells Fargo Bank NA, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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Filing 11
ORDER re #9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney John C Lynch for Defendants Wells Fargo & Company and Wells Fargo Bank NA, by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS)
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| Filing 10 APPLICATION OF ATTORNEY Jason E. Manning FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Wells Fargo & Company, Wells Fargo Bank NA (Fee Paid) Receipt No. AWAWDC-7040335 (Cordell, Franklin) |
| Filing 9 APPLICATION OF ATTORNEY John C. Lynch FOR LEAVE TO APPEAR PRO HAC VICE for Defendants Wells Fargo & Company, Wells Fargo Bank NA (Fee Paid) Receipt No. AWAWDC-7040250 (Cordell, Franklin) |
| Filing 8 MINUTE ENTRY SETTING INITIAL CASE MANAGEMENT DATES All counsel and any pro se parties are directed to meet and confer and to provide the Court with a combined Joint Status Report (the Report) by the deadline set below. This meet-and-confer must be a face-to-face meeting or a telephonic conference. If the parties are unable to agree on any part of the Report, they may answer in separate paragraphs; no separate reports are to be filed. The Report must contain the following information: 1. An estimate of the number of days needed for trial; 2. The date by which the case will be ready for trial; and 3. Whether the parties intend to mediate per LCR 39.1 and, if so, when the parties expect to complete mediation.The deadlines below may be extended only by court order. Any request for extension of these deadlines should be made by email to Courtroom Deputy Clerk Gabriel Traber at gabriel_traber@wawd.uscourts.gov. The parties who have appeared in this matter must meet and confer before contacting the Court to request an extension. If this case involves claims that are exempt from the requirements of FRCP 26(a) and 26(f), please notify the Courtroom Deputy Clerk. Please note: Initial Disclosures are not to be filed. FRCP 26(f) Conference Deadline is 7/12/2021, Initial Disclosure Deadline is 7/19/2021, Joint Status Report due by 7/26/2021. (GT) |
| Attorney Miles C Bludorn added as counsel for Wells Fargo & Company and Wells Fargo Bank NA per #5 Notice of Appearance. (PM) |
| Filing 7 REQUEST for Judicial Notice by Defendants Wells Fargo & Company, Wells Fargo Bank NA re #6 MOTION to Dismiss (Cordell, Franklin) |
| Filing 6 MOTION to Dismiss , filed by Defendants Wells Fargo & Company, Wells Fargo Bank NA. (Attachments: #1 Proposed Order) Noting Date 5/7/2021, (Cordell, Franklin) |
| Filing 5 NOTICE of Appearance by attorney Franklin Dennis Cordell on behalf of Defendants Wells Fargo & Company, Wells Fargo Bank NA. (Cordell, Franklin) |
| Filing 4 WAIVER OF SERVICE of Summons upon defendant All Defendants (Englebrecht, Alyssa) |
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Filing 3
ORDER REGARDING DISCOVERY AND DEPOSITIONS by U.S. District Judge John C. Coughenour. (GT)
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| DISREGARD - DOCKETED IN ERROR.NOTICE OF RESCHEDULED HEARING TIME. The Hearing time has been changed: Jury Trial is set for 4/5/2021 at 09:30 AM in Courtroom 16206 before U.S. District Judge John C. Coughenour.(GT) Modified on 2/1/2021 (GT). |
| ***Deadlines/Hearings terminated. Jury Trial 4/5/21 terminated, docketed in error. (GT) |
| Filing 2 Summons(es) Electronically Issued as to defendant(s) Wells Fargo & Company, Wells Fargo Bank NA. (Attachments: #1 Summons-Wells Fargo Bank NA)(RE) |
| U.S. District Judge John C. Coughenour added. (RE) |
| Filing 1 COMPLAINT against All Defendants with JURY DEMAND (Receipt # AWAWDC-6907711), filed by Brian Echard. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Englebrecht, Alyssa) |
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