Yap v. Recontrust Company, et al.
| John Yap |
| PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK, Recontrust Company, Bank of New York Mellon, Wolf Law Firm, Shellpoint Mortgage Servicing, Mortgage Electronic Registration Systems (MERS), Flagstar Bank FSP, J.P. Morgan Chase N.A. and Bank of New York |
| 5:2018cv07618 |
| December 19, 2018 |
| US District Court for the Northern District of California |
| Nathanael M Cousins |
| Edward J Davila |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Petition for Removal- Foreclosure |
| None |
Docket Report
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This docket was last retrieved on March 25, 2019. A more recent docket listing may be available from PACER.
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Filing 29
ORDER re #26 Adopting Magistrate's Report and Recommendations. Plaintiff's Complaint is Dismissed Against all Defendants. The Clerk Shall Close This File. Signed by Judge Edward J. Davila on 3/25/2019. (ejdlc2S, COURT STAFF) (Filed on 3/25/2019)
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| Filing 28 JOINT CASE MANAGEMENT STATEMENT filed by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. (Cahill, Jonathan) (Filed on 3/13/2019) |
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Filing 27
ORDER REASSIGNING CASE. Case reassigned to Judge Edward J. Davila and Magistrate Judge Nathanael M. Cousins remains as the referral judge for all further proceedings. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 3/7/2019. (Attachments: #1 Notice of Eligibility for Video Recording)(cfeS, COURT STAFF) (Filed on 3/7/2019)
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| Filing 26 REQUEST FOR REASSIGNMENT; REPORT AND RECOMMENDATION TO GRANT MOTION TO DISMISS AND DISMISS CASE FOR FAILURE TO PROSECUTE. Re: Dkt. Nos. #13 , #16 . Signed by Judge Nathanael Cousins on 3/6/2019. (lmh, COURT STAFF) (Filed on 3/6/2019) |
| Filing 25 PDF with attached Audio File. Court Date & Time [ 3/6/2019 1:15:23 PM ]. File Size [ 792 KB ]. Run Time [ 00:01:39 ]. (courtspeak). |
| Filing 24 Minute Entry for proceedings held before Judge Nathanael M. Cousins: Hearing re Motion to Dismiss #13 and Motion for Disclosure #19 NOT held on 3/6/2019;No appearance by Plaintiff's counsel; Court to issue report and recommendation. Attorney for PNC Bank: Jonathan Cahill. FTR Time: 1:15pm - 1:17pm. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 3/6/2019) |
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Filing 23
ORDER RE: DEFENDANT'S MOTION TO DISMISS. Re: Dkt. No. #13 . Plaintiff Yap is ORDERED to file his opposition to the motion by 3/5/2019, or the Court will grant PNC's motion as unopposed. Signed by Judge Nathanael Cousins on 3/4/2019. (lmh, COURT STAFF) (Filed on 3/4/2019)
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Filing 22
ORDER GRANTING REQUEST to Appear by Telephone filed by PNC Bank, N.A. #19 . Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for the Court to initiate the call. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 3/4/2019)
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| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR CERTIFICATION ON BEHALF OF PNC BANK,N.A. (Cahill, Jonathan) (Filed on 3/1/2019) |
| Filing 20 Proposed Order re #19 MOTION to Appear by Telephone Telephonically, #14 Request for Judicial Notice, #13 MOTION to Dismiss Plaintiff's Complaint, #5 Initial Case Management Scheduling Order with ADR Deadlines, Request to Appear Telephonically & Proposed Order by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. (Cahill, Jonathan) (Filed on 2/28/2019) |
| Filing 19 MOTION to Appear by Telephone Telephonically filed by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. (Cahill, Jonathan) (Filed on 2/28/2019) |
| Filing 18 ADR Remark: ADR Phone Conference in Early Assessment of Mortgage Foreclosure Case held on 1/22/2019 by Howard Herman (ec, COURT STAFF) (Filed on 1/31/2019) (This is a text-only entry generated by the court. There is no document associated with this entry.) |
| Filing 17 CLERK'S NOTICE REGARDING Consent or Declination: All parties except defendant PNC shall file a consent or declination to proceed before a magistrate judge by 1/25/2019. Pursuant to 28 U.S.C. section 636, the magistrate judge cannot decide the pending motion unless all parties consent. 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. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/21/2019) |
| Filing 16 MOTION for Disclosure in support of PNC Motion to Dismiss filed by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. Motion Hearing set for 3/6/2019 01:00 PM in San Jose, Courtroom 4, 5th Floor before Judge Nathanael M. Cousins. Responses due by 2/1/2019. Replies due by 2/8/2019. (Cahill, Jonathan) (Filed on 1/18/2019) |
| Filing 15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK.. (Cahill, Jonathan) (Filed on 1/18/2019) |
| Filing 14 Request for Judicial Notice re #13 MOTION to Dismiss Plaintiff's Complaint filed byPNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. (Related document(s) #13 ) (Cahill, Jonathan) (Filed on 1/18/2019) |
| Filing 13 MOTION to Dismiss Plaintiff's Complaint filed by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. Motion Hearing set for 3/6/2019 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 2/1/2019. Replies due by 2/8/2019. (Cahill, Jonathan) (Filed on 1/18/2019) |
| Filing 12 Request for Judicial Notice re #11 Response ( Non Motion ), #6 Order,, Set Deadlines/Hearings, filed byPNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. (Related document(s) #11 , #6 ) (Cahill, Jonathan) (Filed on 1/18/2019) |
| Filing 11 RESPONSE to re #6 Order,, Set Deadlines/Hearings, by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. (Cahill, Jonathan) (Filed on 1/18/2019) |
| Filing 10 NOTICE of Change In Counsel by Jonathan Cahill (Cahill, Jonathan) (Filed on 1/15/2019) |
| Filing 8 ADR Clerk's Notice Setting Early Assessment ADR Phone Conference in Mortgage Foreclosure Case on 1/22/19 at 11:30 a.m.. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (ec, COURT STAFF) (Filed on 1/10/2019) |
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Filing 9
ORDER REFERRING CASE TO ADR UNIT FOR ASSESSMENT TELEPHONE CONFERENCE. Signed by Judge Nathanael Cousins on 1/9/2019. (lmh, COURT STAFF) (Filed on 1/9/2019)
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| Filing 7 SEE DOCKET NO. #9 (refiled with correct Event Type for statistical purpose). Modified on 1/10/2019 (lmh, COURT STAFF). |
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Filing 6
ORDER TO SHOW CAUSE RE: SUBJECT MATTER JURISDICTION. Show cause due by January 18, 2019, as to why this case should not be remanded to state court for lack of subject matter jurisdiction. Respond due by January 25, 2019. Signed by Judge Nathanael M. Cousins on 01/2/19. (djmS, COURT STAFF) (Filed on 1/2/2019)
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| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/13/2019. Initial Case Management Conference set for 3/20/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (sfbS, COURT STAFF) (Filed on 12/20/2018) |
| Filing 4 Case assigned to Judge Nathanael M. Cousins. 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 1/2/2019. (haS, COURT STAFF) (Filed on 12/19/2018) |
| Filing 3 Certificate of Interested Entities by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK identifying Corporate Parent National City Bank for PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. re #1 Notice of Removal, #2 Civil Cover Sheet (Bryan, Joshua) (Filed on 12/19/2018) |
| Filing 2 Civil Cover Sheet by PNC BANK, N.A, as successor by merger to NATIONAL CITY BANK NOTICE OF REMOVAL. (Bryan, Joshua) (Filed on 12/19/2018) |
| Filing 1 NOTICE OF REMOVAL from Santa Clara County Superior Court. Their case number is 18CV338444. (Filing fee $400 receipt number 0971-12941944). Filed byPNC BANK, N.A, as successor by merger to NATIONAL CITY BANK. (Bryan, Joshua) (Filed on 12/19/2018) |
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