Granados v. City National Bank et al
| Elizabeth Granados |
| City National Bank and WHARTON NOTE COMPANY |
| 4:2023cv02948 |
| June 15, 2023 |
| U.S. District Court for the Northern District of California |
| Haywood S Gilliam |
| Sallie Kim |
| Real Property: Foreclosure |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 27, 2025. A more recent docket listing may be available from PACER.
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Filing 25
OBJECTIONS to re #22 Brief, 18 Order,, 21 Order,, SUR REPLY REGARDING PLAINTIFFS APPLICATION FOR PRELIMINARY INJUNCTION by WHARTON NOTE COMPANY. (Attachments: #1 Evidentiary Objections, #2 Declaration, #3 Certificate/Proof of Service)(Blake, Steven) (Filed on 8/2/2023)
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Filing 24
ORDER GRANTING #23 STIPULATION. Reset Hearing : Order to Show Cause Hearing set for 8/18/2023 10:00 AM. Signed by Judge Haywood S. Gilliam, Jr. on 8/2/2023. (ndr, COURT STAFF) (Filed on 8/2/2023) Modified on 8/2/2023 to correct time reflected on docket text (ndr, COURT STAFF).
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Filing 23
STIPULATION WITH PROPOSED ORDER re #20 Order on Ex Parte Application,, #16 Amended Complaint, Set Deadlines/Hearings filed by WHARTON NOTE COMPANY. (Attachments: #1 Proposed Order, #2 Certificate/Proof of Service)(Blake, Steven) (Filed on 8/2/2023)
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Filing 22
Brief re #20 Order on Ex Parte Application,, Reply in Support of Preliminary Injunction filed byElizabeth Granados. (Attachments: #1 Declaration of Adair, #2 Declaration of Granados)(Related document(s) #20 ) (Shapero, Sarah) (Filed on 7/28/2023)
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Filing 21
ORDER by Hon. Haywood S. Gilliam, Jr. In its order granting the application for temporary restraining order, the Court provided Plaintiff an opportunity to file a reply brief by Friday, July 28, 2023. To ensure a fulsome record, the Court will also provide Defendant with an opportunity to respond to Plaintiff's reply brief. The Court therefore DIRECTS Defendant to file a sur-reply brief regarding Plaintiff's application for preliminary injunction by August 2, 2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc1, COURT STAFF) (Filed on 7/26/2023)
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Set Deadline/Hearing, See Docket No. #20 : Replies due by 7/28/2023 and Order to Show Cause Hearing set for 8/4/2023 10:00 AM. (ndr, COURT STAFF) (Filed on 7/25/2023)
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Filing 20
ORDER by Hon. Haywood S. Gilliam, Jr. GRANTING Dkt. No. #17 the Application for Temporary Restraining Order. Plaintiff's reply brief is due by 5:00 p.m. on Friday, July 28, 2023. The Court further SETS an in-person show cause hearing on Plaintiff's application for preliminary injunction for Friday, August 4, 2023, at 10:00 a.m. in Courtroom 2, 4th Floor, 1301 Clay Street, Oakland, CA. Signed by Judge Haywood S. Gilliam, Jr. on 7/25/2023. (hsglc1, COURT STAFF) (Filed on 7/25/2023)
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Filing 19
OPPOSITION/RESPONSE (re #17 Ex Parte Application to restrain the Trustee Sale scheduled for July 26,2023 ) filed byWHARTON NOTE COMPANY. (Attachments: #1 Declaration Declaration of Andrew Hall, #2 Affidavit Request for Judicial Notice, #3 Certificate/Proof of Service)(Blake, Steven) (Filed on 7/25/2023)
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Reset Deadline as to #17 Ex Parte Application to restrain the Trustee Sale scheduled for July 26,2023, See Docket No. 18 : Responses due by 7/25/2023. (ndr, COURT STAFF) (Filed on 7/21/2023)
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Filing 18
Order by Hon. Haywood S. Gilliam, Jr. regarding Dkt. No. #17 Motion for Temporary Restraining Order. Defendant Wharton is directed to file any opposition by noon Pacific Time on Tuesday, July 25, 2023, at which time the motion will be submitted on the papers unless otherwise ordered. The Court notes that it views as patently unreasonable Plaintiff's demand, made at 10:45 a.m. on a Friday, that [a]ny opposition should be filed within 24 hours, Dkt. No. 17-3 at paragraph 2, when this case has been pending in this court for over a month. (This is a text-only entry generated by the court. There is no document associated with this entry.) (hsglc3, COURT STAFF) (Filed on 7/21/2023)
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Filing 17
Ex Parte Application to restrain the Trustee Sale scheduled for July 26,2023 filed by Elizabeth Granados. (Attachments: #1 Supplement Memorandum of Points and Authorities, #2 Declaration of Granados, #3 Declaration of Adair, #4 Proposed Order)(Shapero, Sarah) (Filed on 7/21/2023)
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Filing 16
AMENDED COMPLAINT First Amended Complaint against City National Bank, WHARTON NOTE COMPANY. Filed byElizabeth Granados. (Shapero, Sarah) (Filed on 7/21/2023)
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Filing 15
STIPULATION to Dismiss Answering Defendant, City National Bank filed by Elizabeth Granados. (Shapero, Sarah) (Filed on 7/21/2023)
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*** Party City National Bank (a corporation) Terminated, See Docket No. #15 .*** (ndr, COURT STAFF) (Filed on 7/21/2023)
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Filing 14
OPPOSITION/RESPONSE (re #13 MOTION to Dismiss ) Notice of Non-Oppo and Intent to Amend filed byElizabeth Granados. (Shapero, Sarah) (Filed on 7/20/2023)
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Filing 13
MOTION to Dismiss filed by WHARTON NOTE COMPANY. Motion Hearing set for 10/5/2023 02:00 PM in Oakland, - Telephonic Only before Judge Haywood S Gilliam Jr.. Responses due by 7/20/2023. Replies due by 7/27/2023. (Attachments: #1 Request for Judicial Notice, #2 Notice of Motion to Dismiss, #3 Certificate/Proof of Service)(Blake, Steven) (Filed on 7/6/2023)
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Filing 12
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by City National Bank.. (Crastz, Jennifer) (Filed on 6/29/2023)
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Filing 11
Rule 7.1 Disclosures by City National Bank with Certificate of Service (Crastz, Jennifer) (Filed on 6/29/2023)
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Filing 10
CLERK'S NOTICE. Notice is hereby given that the Telephonic Case Management Conference, previously set for September 19, 2023, is continued to September 26, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by September 19th. The September 26, 2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. PLEASE NOTE: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 6/28/2023)
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Filing 9
CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE FOR REASSIGNED CIVIL CASE.Notice is hereby given that a Case Management Conference has been set for September 19, 2023, before Judge Haywood S. Gilliam, Jr., at 2:00 p.m. Case Management Statement due by September 12th. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. All future filings should reflect the case number as 4:23-cv-02948-HSG. The September 19, 2023 proceeding will be held by AT&T Conference Line. The parties are advised that in the event of an audio problem, counsel should be prepared to attend the hearing via Zoom conference at the Courts direction. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-808-6929Access Code: 6064255The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines. The parties are further advised to ensure that the Court can hear and understand them clearly before speaking at length.PLEASE NOTE: 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. See General Order 58 at Paragraph III. NOTE REGARDING TELEPHONIC CASE MANAGEMENT CONFERENCES: All attorneys and pro se litigants appearing for a telephonic case management conference are required to dial-in at least 15 minutes before the hearing to check-in with the CRD. (This is a text-only entry generated by the court. There is no document associated with this entry.)(ndr, COURT STAFF) (Filed on 6/21/2023)
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Haywood S Gilliam, Jr for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case. Signed by Clerk on 06/21/2023. (mbc, COURT STAFF) (Filed on 6/21/2023)
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Filing 7
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. (mkl, COURT STAFF) (Filed on 6/21/2023)
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Filing 6
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Elizabeth Granados.. (Shapero, Sarah) (Filed on 6/21/2023)
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Filing 5
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by WHARTON NOTE COMPANY.. (Attachments: #1 Certificate/Proof of Service)(Blake, Steven) (Filed on 6/20/2023)
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Filing 4
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by WHARTON NOTE COMPANY.. (Attachments: #1 Certificate/Proof of Service)(Blake, Steven) (Filed on 6/20/2023)
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Filing 3
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/11/2023. Initial Case Management Conference set for 9/18/2023 01:30 PM in San Francisco, Courtroom C, 15th Floor. (hdj, COURT STAFF) (Filed on 6/16/2023)
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Answer to Removed Complaint. (hdj, COURT STAFF) (Filed on 6/16/2023)
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Filing 2
Case assigned to Magistrate Judge Sallie Kim. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/29/2023. (as, COURT STAFF) (Filed on 6/15/2023)
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Filing 1
NOTICE OF REMOVAL OF CIVIL ACTION BY DEFENDANT WHARTON NOTE COMPANY PURSUANT TO 28 U.S.C. 1331 from C23-00857. Their case number is C23-00857. (Filing fee $402 receipt number ACANDC-18364379). Filed byWHARTON NOTE COMPANY. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Blake, Steven) (Filed on 6/15/2023)
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