U.S. Bank National Association v. Sepehry-Fard

Justia Dockets & Filings Ninth Circuit California Northern District U.S. Bank National Association v. Sepehry-Fard

U.S. Bank National Association v. Sepehry-Fard

Plaintiff:	U.S. Bank National Association
Cross Claimant:	Fareed Sepehry-Fard
Counter Defendant:	Mary Kate Sullivan, Severson & Werson, APC, Nationstar Mortgage LLC, Adam N. Barasch and Jan T. Chilton
Case Number:	5:2022cv00628
Filed:	January 31, 2022
Court:	US District Court for the Northern District of California
Presiding Judge:	Virginia K DeMarchi
Referring Judge:	Beth Labson Freeman
Nature of Suit:	Contract: Recovery/Enforcement
Cause of Action:	28 U.S.C. § 1441 Petition for Removal- Petition to Quiet Title
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on March 2, 2022. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 2, 2022	Filing 47 ORDER of USCA as to #44 Notice of Appeal to the Ninth Circuit filed by Fareed Sepehry-Fard (msr, COURT STAFF) (Filed on 3/2/2022)
March 2, 2022	Filing 46 USCA Case Number 22-15308 9th Circuit Court of Appeals for #44 Notice of Appeal to the Ninth Circuit filed by Fareed Sepehry-Fard. (msr, COURT STAFF) (Filed on 3/2/2022)
March 2, 2022	Filing 45 Remark: Remand packet mailed to Santa Clara County Superior Court (ark, COURT STAFF) (Filed on 3/2/2022)
February 25, 2022	Filing 44 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Fareed Sepehry-Fard. (Appeal fee FEE NOT PAID.) (Sepehry-Fard, Fareed) (Filed on 2/25/2022)
February 25, 2022	Filing 43 Received Document by Fareed Sepehry-Fard. Letter to Clerk of Court. (Attachments: #1 Envelope)(wsn, COURT STAFF) (Filed on 2/25/2022)
February 25, 2022	Filing 42 NOTICE by Fareed Sepehry-Fard Notice of Appeal of ECF 41 attached as Exhibit A (Sepehry-Fard, Fareed) (Filed on 2/25/2022)
February 25, 2022	Filing 41 ORDER GRANTING #14 MOTION TO REMAND; GRANTING MOTION FOR PREFILING ORDER AS MODIFIED BY THE COURT. Signed by Judge Beth Labson Freeman on 2/25/2022. (blflc4, COURT STAFF) (Filed on 2/25/2022)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)
February 25, 2022	#Electronic filing error. Incorrect event used. The correct event for filing an appeal is Notice of Appeal. [err101]This filing will not be processed by the clerks office and has not been transmitted to any Court of Appeals.Please re-file in its entirety. Re: #42 NOTICE filed by Fareed Sepehry-Fard. (wsn, COURT STAFF) (Filed on 2/25/2022)
February 24, 2022	Filing 40 ORDER STRIKING #39 NOTICE. Signed by Judge Beth Labson Freeman on 2/24/2022. (blflc4, COURT STAFF) (Filed on 2/24/2022)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)
February 23, 2022	Filing 39 NOTICE by Fareed Sepehry-Fard Cross Claimant Notice of Errata Re Void Order at ECF 38 and Errata- Memorandum of Law- Declaration [Re ECF 38--ORDER STRIKING ECF NOS. 34- 35- 37 and ECF 36-Request For Assistance from Associate Justice Elena Kagan as the circuit rider for district court for the united States of America for the northern district of California located at San Jose (Sepehry-Fard, Fareed) (Filed on 2/23/2022)
February 23, 2022	Filing 38 ORDER STRIKING #34 , #35 , #37 NOTICES. Signed by Judge Beth Labson Freeman on 2/23/2022. (blflc4, COURT STAFF) (Filed on 2/23/2022)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)
February 23, 2022	Filing 37 NOTICE by Fareed Sepehry-Fard the natural living man not civilly dead a Secured Party Gives Notice of Notice of Removal and As to All Parties and As to All Causes of Actions from the district court for the united states of America for the northern district of California located at San Jose Case Number 22-cv-00628 to International Criminal Court in the Hague the Netherlands Invoking Original Jurisdiction Under Rome Statute of the International Criminal Court Article 7 Crimes against humanity 1 c-, 1 e -1 f- Torture-1 h- 1k Other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health (Sepehry-Fard, Fareed) (Filed on 2/23/2022)
February 23, 2022	Filing 36 NOTICE by Fareed Sepehry-Fard Request For Assistance from Associate Justice Elena Kagan as the circuit rider for district court for the united States of America for the northern district of California located at San Jose --re ECF 25 ECF 24 ECF 21at Exhibit A Declaration (Sepehry-Fard, Fareed) (Filed on 2/23/2022)
February 23, 2022	Filing 35 NOTICE by Fareed Sepehry-Fard Proof of Service for concurrent removal of this case to 1. UNITED STATES COURT OF FEDERAL CLAIMS -based on Defendant the fictitious entity - UNITED STATES tress passing on the case as a territorial court with no jurisdiction when the fees Petitioner paid and was accepted by the agent of Defendant the fictitious entity UNITED STATES was for an Article III Court of Records; And 2 International Criminal Court in the Hague the Netherlands based on Rome Statute of the International Criminal Court Article 7 Crimes against humanity - 1 c Enslavement- 1 e Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law- 1 f Torture -1 h Persecution against any identifiable group or collectivity on political racial national ethnic cultural religious gender that are universally recognized as impermissible under international law 1 k Other inhumane acts of a similar character intentionally causing great suffering or serious injury to body or to mental or physical health (Sepehry-Fard, Fareed) (Filed on 2/23/2022)
February 23, 2022	Filing 34 NOTICE by Fareed Sepehry-Fard NOTICE OF NOTICE OF REMOVAL Fareed-Sepehry-Fard, the natural living man, not civilly dead, a Secured Party, Gives Notice of Notice of Removal, and As to All Parties and As to All Causes of Actions, from the district court for the united states of America for the northern district of California located at San Jose Case Number 22-cv-00628 to UNITED STATES COURT OF FEDERAL CLAIMS Invoking Jurisdiction Under Tucker Act et al against the Corporate Fiction and Defendant UNITED STATES (Sepehry-Fard, Fareed) (Filed on 2/23/2022)
February 17, 2022	Filing 33 ORDER GRANTING IN PART #31 EX PARTE APPLICATION. Signed by Judge Beth Labson Freeman on 2/17/2022. (blflc4, COURT STAFF) (Filed on 2/17/2022)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)
February 16, 2022	Filing 32 OPPOSITION/RESPONSE (re #31 Ex Parte Application re #16 Certificate of Service, #20 Certificate of Service, #19 Certificate of Service, #14 MOTION to Remand and for a Prefiling Order; Supporting Memorandum of Points and Authorities, #18 Request for Judicial N ) filed byU.S. Bank National Association. (Sullivan, Mary Kate) (Filed on 2/16/2022)
February 16, 2022	HEARING DATE VACATED re #30 ORDER VACATING HEARING ON 14 MOTION FOR REMAND; DENYING 17 MOTION FOR AN ORDER SHORTENING TIME FOR HEARING. (tsh, COURT STAFF) (Filed on 2/16/2022)
February 15, 2022	Filing 31 Ex Parte Application re #16 Certificate of Service, #20 Certificate of Service, #19 Certificate of Service, #14 MOTION to Remand and for a Prefiling Order; Supporting Memorandum of Points and Authorities, #18 Request for Judicial Notice, #15 Request for Judicial Notice, filed by Fareed Sepehry-Fard. (Sepehry-Fard, Fareed) (Filed on 2/15/2022)
February 15, 2022	Filing 30 ORDER VACATING HEARING ON #14 MOTION FOR REMAND; DENYING #17 MOTION FOR AN ORDER SHORTENING TIME FOR HEARING. Signed by Judge Beth Labson Freeman on 2/15/2022. (blflc4, COURT STAFF) (Filed on 2/15/2022)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)
February 15, 2022	Filing 29 ORDER GRANTING #27 ADMINISTRATIVE MOTION TO FILE UNDER SEAL; DENYING #27 EX PARTE APPLICATION FOR STAY OF PROCEEDINGS. Signed by Judge Beth Labson Freeman on 2/15/2022. (blflc4, COURT STAFF) (Filed on 2/15/2022)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)
February 14, 2022	Filing 28 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 5/26/2022. Initial Case Management Conference set for 6/02/2022 11:00 AM in San Jose, Courtroom 3, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 2/14/2022)
February 10, 2022	Filing 27 Amended Administrative Motion to File Under Seal filed by Fareed Sepehry-Fard. (Attachments: #1 Declaration Declaration, #2 Proposed Order Proposed Order, #3 Exhibit Un redacted Physicians and Hospital notes for emergency visits-February 1-2022 and February 9th-2022)(Sepehry-Fard, Fareed) (Filed on 2/10/2022)
February 9, 2022	Filing 26 Administrative Motion to File Under Seal filed by Fareed Sepehry-Fard. (Attachments: #1 Declaration Declaration, #2 Proposed Order Proposed Order, #3 Exhibit Un redacted Physicians and Hospital notes for emergency visits-February 1-2022 and February 9th-2022)(Sepehry-Fard, Fareed) (Filed on 2/9/2022)
February 9, 2022	Filing 25 ORDER DENYING #23 MOTION. Signed by Judge Beth Labson Freeman on 2/9/2022. (blflc4, COURT STAFF) (Filed on 2/9/2022)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)
February 9, 2022	Filing 24 ORDER DENYING DEFENDANT'S #22 MOTION TO STRIKE. Signed by Judge Beth Labson Freeman on 2/9/2022. (blflc4, COURT STAFF) (Filed on 2/9/2022)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)
February 8, 2022	Filing 23 MOTION Proof of Authority of Severson and Werson APC Attorneys to Represent the Alleged U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR GREENPOINT MORTGAGE TRUST MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2007-AR2 or US Bank as Trustee filed by Fareed Sepehry-Fard. Motion Hearing set for 6/2/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 2/22/2022. Replies due by 3/1/2022. (Sepehry-Fard, Fareed) (Filed on 2/8/2022)
February 8, 2022	Filing 22 MOTION to Strike filed by Fareed Sepehry-Fard. Motion Hearing set for 6/2/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 2/22/2022. Replies due by 3/1/2022. (Attachments: #1 Exhibit A-of BAR Acquiescence to Facts A, B and C Which are BAR Acquiescence--Through Issuance of CLE Credits to BAR Agents, to wit: A) NONE OF THE ENTITIES NAMED IN THE ASSIGNMENT COULD CLAIM OWNERSHIP OF THE MORTGAGE LIEN; AND, B) NO ENTITY HAS THE LIKELIHOOD OF ESTABLISHING RIGHT TO FORECLOSE; AND, C) NONE OF THE ENTITIES NAMED IN THE ASSIGNMENT, IF ANY, WILL RECEIVE THE CASH PROCEEDS FROM THE FINAL LIQUIDATION (SALE TO THIRD PARTY) OF THE FORECLOSED PROPERTY, #2 Exhibit B- 12 CFR Part 1024 (Regulation X) SECTION 1024.2(b)(29)(5) IS THE VEHICLE TO SANCTION SEVERSON ATTORNEYS SINCE THEY ARE ALSO SERVICERS AND COMMITED NUMEOROUS MISCONDUCT)(Sepehry-Fard, Fareed) (Filed on 2/8/2022)
February 8, 2022	Filing 21 ORDER DENYING #9 EX PARTE APPLICATION. Signed by Judge Beth Labson Freeman on 2/8/2022. (blflc4, COURT STAFF) (Filed on 2/8/2022)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)
February 8, 2022	Filing 20 CERTIFICATE OF SERVICE by U.S. Bank National Association re #17 MOTION to Shorten Time for Hearing on Motion to Remand and for a Prefiling Order; Memorandum of Points and Authorities in Support Thereof, #18 Request for Judicial Notice, (Sullivan, Mary Kate) (Filed on 2/8/2022)
February 8, 2022	Filing 19 CERTIFICATE OF SERVICE by U.S. Bank National Association re #14 MOTION to Remand and for a Prefiling Order; Supporting Memorandum of Points and Authorities, #15 Request for Judicial Notice, (Sullivan, Mary Kate) (Filed on 2/8/2022)
February 8, 2022	Filing 18 Request for Judicial Notice re #17 MOTION to Shorten Time for Hearing on Motion to Remand and for a Prefiling Order; Memorandum of Points and Authorities in Support Thereof filed byU.S. Bank National Association. (Related document(s) #17 ) (Sullivan, Mary Kate) (Filed on 2/8/2022)
February 8, 2022	Filing 17 MOTION to Shorten Time for Hearing on Motion to Remand and for a Prefiling Order; Memorandum of Points and Authorities in Support Thereof filed by U.S. Bank National Association. (Attachments: #1 Declaration of Mary Kate Sullivan in Support Thereof, #2 Proposed Order)(Sullivan, Mary Kate) (Filed on 2/8/2022)
February 8, 2022	Filing 16 CERTIFICATE OF SERVICE by U.S. Bank National Association re #12 Request for Judicial Notice, #11 Opposition/Response to Motion Ex Parte Application for an Order to the Alleged Cross-Defendant U.S. Bank National Association (Sullivan, Mary Kate) (Filed on 2/8/2022)
February 8, 2022	Filing 15 Request for Judicial Notice re #14 MOTION to Remand and for a Prefiling Order; Supporting Memorandum of Points and Authorities filed byU.S. Bank National Association. (Related document(s) #14 ) (Sullivan, Mary Kate) (Filed on 2/8/2022)
February 8, 2022	Filing 14 MOTION to Remand and for a Prefiling Order; Supporting Memorandum of Points and Authorities filed by U.S. Bank National Association. Motion Hearing set for 6/2/2022 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 2/22/2022. Replies due by 3/1/2022. (Attachments: #1 Declaration of Mary Kate Sullivan in Support Thereof, #2 Proposed Order)(Sullivan, Mary Kate) (Filed on 2/8/2022)
February 7, 2022	Filing 13 REPLY (re #9 Ex Parte Application ) filed byFareed Sepehry-Fard. (Attachments: #1 Exhibit 1- True and correct certified copies of Cross Claimant's land patent and its certified translation, #2 Exhibit 2-True and correct copies of Judge Overton Order re service of process, #3 Exhibit 3-True and correct certified copies of the audio and video transcripts of the void sale that took place on July 6th 2017, #4 Exhibit 4-True and correct copies of some of the affidavits signed under penalty of perjury that based on Mister Kulkarni direction one of 4 deputies physically assaulted Cross Claimant by making his left hand to bleed, all because, Cross Claimant demanded an evidentiary hearing to establish the standing of the alleged claimant and its existence--violation of 18 USC sections 241 and 242 and Title 42 sections 1983 and 1985; among many other violations of law committed and perfected by Mister Kulkarni., #5 Exhibit 5-True and correct copies of two affidavits of two witnesses as to the void sale that took place on July 6th 2017 in spite of false notice of postponement of sale furnished by the auctioneer Clear Recon Corp and Nationstar Mortgage LLC)(Sepehry-Fard, Fareed) (Filed on 2/7/2022)
February 7, 2022	Filing 12 Request for Judicial Notice re #11 Opposition/Response to Motion EX PARTE APPLICATION FOR AN ORDER TO THE ALLEGED CROSS-DEFENDANT U.S. BANK NATIONAL ASSOCIATION filed byU.S. Bank National Association. (Related document(s) #11 ) (Sullivan, Mary Kate) (Filed on 2/7/2022)
February 7, 2022	Filing 11 OPPOSITION/RESPONSE (re #9 Ex Parte Application ) FOR AN ORDER TO THE ALLEGED CROSS-DEFENDANT U.S. BANK NATIONAL ASSOCIATION filed byU.S. Bank National Association. (Sullivan, Mary Kate) (Filed on 2/7/2022)
February 7, 2022	Filing 9 Ex Parte Application filed by Fareed Sepehry-Fard. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Sepehry-Fard, Fareed) (Filed on 2/7/2022)
February 7, 2022	Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freemani for all further proceedings. 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 Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 2/7/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 2/7/2022)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)
February 4, 2022	Filing 10 CERTIFICATE OF SERVICE by Fareed Sepehry-Fard re #3 Summons Issued, #1 Notice of Removal,, (msr, COURT STAFF) (Filed on 2/4/2022)
February 4, 2022	Filing 7 CERTIFICATE OF SERVICE by U.S. Bank National Association re #5 Consent/Declination to Proceed Before a US Magistrate Judge, #4 Notice of Substitution of Counsel (Sullivan, Mary Kate) (Filed on 2/4/2022)
February 4, 2022	Filing 6 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. This is a text only docket entry; there is no document associated with this notice. (amk, COURT STAFF) (Filed on 2/4/2022)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)
February 4, 2022	Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Bank National Association.. (Sullivan, Mary Kate) (Filed on 2/4/2022)
February 4, 2022	Filing 4 NOTICE of Substitution of Counsel by Mary Kate Sullivan (Sullivan, Mary Kate) (Filed on 2/4/2022)
January 31, 2022	Filing 3 Summons Issued as to Adam N. Barasch, Jan T. Chilton, Nationstar Mortgage LLC, Severson & Werson, APC, Mary Kate Sullivan, U.S. Bank National Association. (wsn, COURT STAFF) (Filed on 1/31/2022)
January 31, 2022	Filing 2 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/26/2022. Initial Case Management Conference set for 5/3/2022 at 1:30 PM in San Jose, Courtroom 2, 5th Floor. (wsn, COURT STAFF) (Filed on 1/31/2022)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)
January 31, 2022	Filing 1 NOTICE OF REMOVAL from Santa Clara County Superior Court. Their case number is 17-cv-314286. ( Filing fee $402, receipt 34611158065 ). Filed by Fareed Sepehry-Fard. Consent/Declination due by 2/14/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit D used twice, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Civil Cover Sheet, #24 Receipt)(wsn, COURT STAFF) (Filed on 1/31/2022)

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Plaintiff: U.S. Bank National Association
Represented By:	Joseph Guzzetta
Represented By:	Mary Kate Sullivan
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Cross claimant: Fareed Sepehry-Fard
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Counter defendant: Mary Kate Sullivan
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Counter defendant: Severson & Werson, APC
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Counter defendant: Nationstar Mortgage LLC
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Counter defendant: Adam N. Barasch
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Counter defendant: Jan T. Chilton
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