Liu v. Bank of America, N.A.
Plaintiff: Shin-Lin Liu
Defendant: Bank of America, N.A.
Case Number: 4:2023cv05211
Filed: October 12, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Kandis A Westmore
Referring Judge: Jeffrey S White
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Account Receivable
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2023 Opinion or Order Filing 23 ORDER DENYING MOTION TO REMAND, DENYING MOTION TO STRIKE, AND DENYING, IN PART, MOTION TO CONTINUE by Judge Jeffrey S. White denying #12 , #22 Motion to Retain Jurisdiction; denying #15 Motion to Strike, granting in part and denying in part #21 Motion to Continue. (kkp, COURT STAFF) (Filed on 11/29/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
November 17, 2023 Filing 22 REFILE THE MOTION TO RETAIN JURISDICTION filed by Shin-Lin Liu. Responses due by 12/1/2023. Replies due by 12/8/2023. (bar, COURT STAFF) (Filed on 11/17/2023) Modified on 11/20/2023 (sfb, COURT STAFF).
November 17, 2023 Filing 21 MOTION To Continue filed by Shin-Lin Liu. Responses due by 12/1/2023. Replies due by 12/8/2023. (bar, COURT STAFF) (Filed on 11/17/2023)
November 13, 2023 Filing 20 OPPOSITION/RESPONSE (re #15 MOTION to Strike Defendant Bank of America, N.A.'s Amended Notice of Motion and Motion to Strike Plaintiff's Entire Complaint; Memorandum of Points and Authorities ) filed byShin-Lin Liu. (bar, COURT STAFF) (Filed on 11/13/2023)
November 13, 2023 Filing 19 CERTIFICATE OF SERVICE by Shin-Lin Liu (bar, COURT STAFF) (Filed on 11/13/2023)
November 13, 2023 Filing 18 REPLY (re #15 MOTION to Strike Defendant Bank of America, N.A.'s Amended Notice of Motion and Motion to Strike Plaintiff's Entire Complaint; Memorandum of Points and Authorities ) Reply Memorandum of Points and Authorities In Support of Motion to Strike Complaint filed byBank of America, N.A.. (Kenney, Austin) (Filed on 11/13/2023)
November 6, 2023 Filing 17 OPPOSITION/RESPONSE (re #12 MOTION to Retain Jurisdiction ) Memorandum of Points and Authorities in Opposition to Motion to Retain Jurisdictions/Remand to State Court filed byBank of America, N.A.. (Kenney, Austin) (Filed on 11/6/2023)
November 3, 2023 Opinion or Order Filing 16 ORDER REGARDING PENDING MOTIONS re #7 MOTION to Strike, #12 MOTION to Retain Jurisdiction #15 MOTION to Strike Defendant Bank of America, N.A.'s Amended Notice of Motion and Motion to Strike Plaintiff's Entire Complaint; Memorandum of Points and Authorities. Signed by Judge Jeffrey S. White on 11/3/2023. #12 Motion Hearing set for 12/8/2023 09:00 AM before Judge Jeffrey S. White - Videoconference Only. (kkp, COURT STAFF) (Filed on 11/3/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
November 3, 2023 Filing 15 MOTION to Strike Defendant Bank of America, N.A.'s Amended Notice of Motion and Motion to Strike Plaintiff's Entire Complaint; Memorandum of Points and Authorities filed by Bank of America, N.A.. Motion Hearing set for 12/8/2023 09:00 AM in Oakland, Courtroom 5, 2nd Floor before Judge Jeffrey S. White. Responses due by 11/17/2023. Replies due by 11/24/2023. (Kenney, Austin) (Filed on 11/3/2023)
November 2, 2023 Opinion or Order Filing 14 ORDER SETTING CASE MANAGEMENT CONFERENCE AND REQUIRING JOINT CASE MANAGEMENT CONFERENCE STATEMENT. Signed by Judge Jeffrey S. White on 11/2/2023. Joint Case Management Statement due by 2/9/2024. Initial Case Management Conference set for 2/16/2024 11:00 AM - Videoconference Only. (kkp, COURT STAFF) (Filed on 11/2/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
November 2, 2023 Filing 13 CLERK'S NOTICE DIRECTING COUNSEL TO RE-NOTICE MOTION. YOU ARE HEREBY NOTIFIED that counsel must re-notice not re-file the #7 Motion to Strike. The briefing schedule remains in effect. Motion hearings before Judge White are heard on Fridays at 9:00 a.m.. Counsel is directed to check the Court's Scheduling Notes before re-noticing the motion for a new hearing date. All motions set before Judge White are set by terminal digit, the last number in the case number. (kkp, COURT STAFF) (Filed on 11/2/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
November 1, 2023 Filing 12 MOTION to Retain Jurisdiction filed by Shin-Lin Liu. Responses due by 11/15/2023. Replies due by 11/22/2023. (cjl, COURT STAFF) (Filed on 11/1/2023)
October 30, 2023 Opinion or Order Filing 11 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jeffrey S. White for all further proceedings. Magistrate Judge Kandis A. Westmore 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 10/30/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bar, COURT STAFF) (Filed on 10/30/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
October 30, 2023 Filing 10 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (wft, COURT STAFF) (Filed on 10/30/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
October 20, 2023 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bank of America, N.A... (Howard, Benjamin) (Filed on 10/20/2023)
October 20, 2023 Filing 8 CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendant 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 10/27/2023. (wft, COURT STAFF) (Filed on 10/20/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
October 19, 2023 Filing 7 MOTION to Strike Defendant Bank of America, N.A.'s Notice of Motion and Motion to Strike Plaintiff's Entire Complaint; Memorandum of Points and Authorities filed by Bank of America, N.A.. Motion Hearing set for 12/7/2023 01:30 PM in Oakland, - Telephonic Only before Magistrate Judge Kandis A. Westmore. Responses due by 11/2/2023. Replies due by 11/9/2023. (Attachments: #1 Proposed Order)(Howard, Benjamin) (Filed on 10/19/2023)
October 13, 2023 #Electronic filing error. Electronic filing error.. Name of Interested Entities must be entered. Correct event is found under Civil Events > Other Filings > Notices > Certificate of Interested Entities, Corporate Disclosure Statement, or Rule 7.1 Disclosures Re: #2 Certificate of Interested Entities filed by Bank of America, N.A. (bar, COURT STAFF) (Filed on 10/13/2023)
October 12, 2023 Filing 6 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/9/2024. Initial Case Management Conference set for 10/16/2024 01:30 PM in Oakland, - To be determined. (bar, COURT STAFF) (Filed on 10/12/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
October 12, 2023 Filing 5 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 10/26/2023. (bar, COURT STAFF) (Filed on 10/12/2023)
October 12, 2023 Filing 4 Civil Cover Sheet by Bank of America, N.A. Re: #1 Notice of Removal. (Howard, Benjamin) (Filed on 10/12/2023)
October 12, 2023 Filing 3 Civil Cover Sheet by Bank of America, N.A. Re: #1 Notice of Removal. (Howard, Benjamin) (Filed on 10/12/2023)
October 12, 2023 Filing 2 Certificate of Interested Entities by Bank of America, N.A. (Howard, Benjamin) (Filed on 10/12/2023)
October 12, 2023 Filing 1 NOTICE OF REMOVAL No Process from Alameda County Superior Court. Their case number is 23CV042940. (Filing fee $402 receipt number ACANDC-18731700). Filed byBank of America, N.A.. (Attachments: #1 Civil Cover Sheet)(Howard, Benjamin) (Filed on 10/12/2023) Modified on 10/12/2023 (bar, COURT STAFF).
October 12, 2023 #Electronic filing error. Civil Cover Sheet Nature of Suit code incompatible with Diversity. Please choose a different nature of suit or change to a different Basis of Jurisdiction Section II Code. No judge assignment will be made until the Amended Civil Cover Sheet is e-filed. Submit your amended civil cover sheet using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #3 Civil Cover Sheet filed by Bank of America, N.A. (bar, COURT STAFF) (Filed on 10/12/2023)
October 12, 2023 #Electronic filing error. Civil Cover Sheet missing Section IV Nature of Suit. No judge assignment will be made until the amended civil cover sheet is e-filed. Submit your amended civil cover sheet using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 Notice of Removal, filed by Bank of America, N.A. (bar, COURT STAFF) (Filed on 10/12/2023)

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Plaintiff: Shin-Lin Liu
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Defendant: Bank of America, N.A.
Represented By: Benjamin J Howard
Represented By: Austin Benjamin Kenney
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