The Bank of New York Mellon v. Brian et al
Plaintiff: The Bank of New York Mellon and The Bank of New York as Trustee
Defendant: Robert Garviria, John Blanco, Julie M. Brian, Donald A. Brian and Marisela Vasquez
Case Number: 3:2019cv01702
Filed: April 2, 2019
Court: US District Court for the Northern District of California
Presiding Judge: William Alsup
Referring Judge: Nathanael M Cousins
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1444
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 16, 2019 Filing 13 Receipt from Superior Court of CA County of Santa Clara. (amgS, COURT STAFF) (Filed on 5/16/2019)
May 9, 2019 Filing 12 CERTIFICATE OF SERVICE re #10 Order on Report and Recommendations: The deputy clerk hereby certifies that on 5/9/2019, a copy of this order was served by sending it via first-class mail to the address of each non-CM/ECF user listed on the Notice of Electronic Filing.This is a text only docket entry. There is no document associated with this entry. (tlhS, COURT STAFF) (Filed on 5/9/2019)
May 9, 2019 Filing 11 Remark: Remand Transmittal letter (amgS, COURT STAFF) (Filed on 5/9/2019)
May 9, 2019 Opinion or Order Filing 10 ORDER ADOPTING #7 REPORT AND RECOMMENDATION TO REMAND by Judge William Alsup. (whalc1, COURT STAFF) (Filed on 5/9/2019)
April 23, 2019 Filing 9 Case reassigned to Judge William Alsup. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. (Attachments: #1 Notice of Eligibility for Video Recording, #2 Certificate/Proof of Service) (bwS, COURT STAFF) (Filed on 4/23/2019)
April 23, 2019 Filing 8 This case will be randomly reassigned to a District Judge outside the San Jose Division pursuant to the Caseload Rebalancing Pilot Program approved by the Court effective March 1, 2018. For information, visit our web page at #http://cand.uscourts.gov/news/225. (bwS, COURT STAFF) (Filed on 4/23/2019)
April 22, 2019 Opinion or Order Filing 7 ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS; REQUESTING FOR REASSIGNMENT; REPORT AND RECOMMENDATION TO REMAND. Re: Dkt. Nos. #1 , #2 . Any party may object to this order with 14 days. Signed by Judge Nathanael Cousins on 4/22/2019. (Attachments: #1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 4/22/2019)
April 9, 2019 Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Bank of New York Mellon.. (Attachments: #1 Certificate/Proof of Service)(Parto, Parnaz) (Filed on 4/9/2019)
April 2, 2019 Opinion or Order Filing 5 ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE REMANDED TO SANTA CLARA COUNTY SUPERIOR COURT. The Court ORDERS defendant Julie M. Brian to show cause in writing by 4/12/2019, why this case should not be remanded to Santa Clara County Superior Court. Signed by Judge Nathanael Cousins on 4/2/2019. (Attachments: #1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 4/2/2019)
April 2, 2019 Filing 4 CLERK'S NOTICE REGARDING Consent or Declination: The parties shall file a consent or declination to proceed before a magistrate judge by 4/12/2019. 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. (Attachments: #1 Certificate/Proof of Service) (lmh, COURT STAFF) (Filed on 4/2/2019)
April 2, 2019 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/26/2019. Initial Case Management Conference set for 7/3/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. (cv, COURT STAFF) (Filed on 4/2/2019)
April 2, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Julie M. Brian. (cv, COURT STAFF) (Filed on 4/2/2019)
April 2, 2019 Filing 1 NOTICE OF REMOVAL from Superior Court County of Santa Clara. Their case number is 18cv323011.. Filed byJulie M. Brian. (Attachments: #1 COMPLAINT for Unlawful Detainer, #2 Civil Cover Sheet)(cv, COURT STAFF) (Filed on 4/2/2019)

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Defendant: Robert Garviria
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Defendant: John Blanco
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Defendant: Julie M. Brian
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Defendant: Donald A. Brian
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Defendant: Marisela Vasquez
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Plaintiff: The Bank of New York Mellon
Represented By: Kayo Manson-Tompkins
Represented By: Parnaz Parto
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Plaintiff: The Bank of New York as Trustee
Represented By: Kayo Manson-Tompkins
Represented By: Parnaz Parto
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