Nieto v. American First Finance, LLC
Plaintiff: Emma Nieto
Defendant: American First Finance, LLC
Case Number: 5:2023cv04560
Filed: September 6, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Nathanael M Cousins
Referring Judge: Beth Labson Freeman
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-(Citizenship)
Jury Demanded By: None
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Docket Report

This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2023 Filing 24 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byEmma Nieto. (Attachments: #1 Exhibit A)(Related document(s) #15 ) (Green, Robert) (Filed on 10/31/2023)
October 20, 2023 Filing 23 STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Relevant to Defendant's Opposition to Plaintiff's Motion to Remand filed byAmerican First Finance, LLC. (Related document(s) #21 ) (Lui-Kwan, Kalama) (Filed on 10/20/2023)
October 18, 2023 Filing 22 REPLY to Opposition (re #15 MOTION to Remand) filed by Emma Nieto. (Attachments: #1 Exhibit A, #2 Declaration of Robert S. Green)(Green, Robert) (Filed on 10/18/2023)
October 12, 2023 Filing 21 OPPOSITION/RESPONSE (re #15 MOTION to Remand ) filed byAmerican First Finance, LLC. (Attachments: #1 Declaration of Kalama Lui-Kwan)(Lui-Kwan, Kalama) (Filed on 10/12/2023)
October 3, 2023 Filing 20 OPPOSITION/RESPONSE (re #6 MOTION to Compel Arbitration or, in the Alternative, to Dismiss ) Notice of Plaintiff's Non-Opposition filed byAmerican First Finance, LLC. (Lui-Kwan, Kalama) (Filed on 10/3/2023)
October 3, 2023 Opinion or Order Filing 19 ORDER GRANTING IN PART #17 PLAINTIFF'S ADMINISTRATIVE MOTION; AND VACATING HEARING ON #15 MOTION TO REMAND. Signed by Judge Beth Labson Freeman on 10/3/2023. (blflc1, COURT STAFF) (Filed on 10/3/2023)
October 3, 2023 Filing 18 OPPOSITION/RESPONSE (re #17 ADMINISTRATIVE MOTION Remove Motion to Compel Arbitration or Dismiss From Calendar re #16 Renotice motion hearing ) filed byAmerican First Finance, LLC. (Attachments: #1 Proposed Order)(Lui-Kwan, Kalama) (Filed on 10/3/2023)
September 29, 2023 Filing 17 ADMINISTRATIVE MOTION Remove Motion to Compel Arbitration or Dismiss From Calendar re #16 Renotice motion hearing filed by Emma Nieto. Responses due by 10/3/2023. (Attachments: #1 Declaration of Robert S. Green, #2 Proposed Order)(Green, Robert) (Filed on 9/29/2023)
September 29, 2023 Filing 16 Renotice motion hearing re #6 MOTION to Compel Arbitration or, in the Alternative, to Dismiss filed byAmerican First Finance, LLC. (Related document(s) #6 ) (Nikdel, Susan) (Filed on 9/29/2023)
September 28, 2023 Filing 15 MOTION to Remand filed by Emma Nieto. Motion Hearing set for 3/14/2024 09:00 AM before Judge Beth Labson Freeman. Responses due by 10/12/2023. Replies due by 10/19/2023. (Attachments: #1 Supplement Revised Memorandum of Points and Authorities in Support of Plaintiff's Motion to Remand and for an Award of Attorneys' Fees, #2 Declaration of Robert S. Green, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order)(Green, Robert) (Filed on 9/28/2023)
September 27, 2023 Opinion or Order Filing 14 ORDER STRIKING #13 MOTION TO REMAND AND FOR AN AWARD OF ATTORNEYS' FEES. Signed by Judge Beth Labson Freeman on 9/27/2023. (blflc1, COURT STAFF) (Filed on 9/27/2023)
September 22, 2023 Filing 13 ***STRICKEN*** MOTION to Remand AND FOR AN AWARD OF ATTORNEYS FEES filed by Emma Nieto. Motion Hearing set for 3/14/2024 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 10/6/2023. Replies due by 10/13/2023. (Attachments: #1 Supplement Memorandum of Points and Authorities in Support of Plaintiff's Motion to Remand and for an Award of Attorneys' Fees, #2 Declaration of Robert S. Green, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order, #6 Declaration of Venue)(Green, Robert) (Filed on 9/22/2023)
September 22, 2023 Filing 12 CLERK'S NOTICE RESETTING MOTION AND CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT.Motion Hearing as to #6 MOTION to Compel Arbitration or, in the Alternative, to Dismiss set for 3/14/2024 09:00 AM and Initial Case Management Conference set for 3/14/2024 11:00 AM before Judge Beth Labson Freeman. Case Management Statement due by 3/7/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.)(tsh, COURT STAFF) (Filed on 9/22/2023)
September 21, 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 Beth Labson Freeman 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 Nathanael M. Cousins remains as referral judge assigned to case. Reassignment Order signed by Clerk on 9/21/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 9/21/2023)
September 20, 2023 Filing 10 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 a party has not consented to the jurisdiction of a Magistrate Judge. 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. (lmh, COURT STAFF) (Filed on 9/20/2023)
September 20, 2023 Filing 9 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American First Finance, LLC.. (Nikdel, Susan) (Filed on 9/20/2023)
September 18, 2023 Filing 8 CLERK'S NOTICE RESETTING Hearing re: Motion to Compel Arbitration, ECF #6 . Please take notice the motion is reset for 11:00 AM on 10/25/2023 in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M.Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/18/2023)
September 13, 2023 Filing 7 CLERK'S NOTICE RE: Consent or Declination. Defendant is requested to file 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 9/20/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 9/13/2023)
September 13, 2023 Filing 6 MOTION to Compel Arbitration or, in the Alternative, to Dismiss filed by American First Finance, LLC. Motion Hearing set for 10/25/2023 01:00 PM in San Jose, Courtroom 5, 4th Floor before Magistrate Judge Nathanael M. Cousins. Responses due by 9/27/2023. Replies due by 10/4/2023. (Attachments: #1 Declaration of T. Nusspickel, #2 Proposed Order, #3 Proposed Order)(Nikdel, Susan) (Filed on 9/13/2023)
September 8, 2023 Filing 5 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Emma Nieto.. (Green, Robert) (Filed on 9/8/2023)
September 7, 2023 Filing 4 CERTIFICATE OF SERVICE by American First Finance, LLC (Lui-Kwan, Kalama) (Filed on 9/7/2023)
September 6, 2023 Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/29/2023. Initial Case Management Conference set for 12/6/2023 10:00 AM in San Jose, Courtroom 4, 5th Floor. (ecg, COURT STAFF) (Filed on 9/6/2023)
September 6, 2023 Filing 2 Case assigned to Magistrate 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/20/2023. (sec, COURT STAFF) (Filed on 9/6/2023)
September 6, 2023 Filing 1 NOTICE OF REMOVAL from Superior Court of California County of Santa Clara. Their case number is 23CV419209. (Filing fee $402 receipt number ACANDC-18617428). Filed byAmerican First Finance, LLC. (Attachments: #1 Exhibit A. Summons and Complaint, #2 Exhibit B. State Court Action Documents, #3 Civil Cover Sheet)(Nikdel, Susan) (Filed on 9/6/2023)
September 6, 2023 #Electronic filing error. Attorney Michael Yaghi is reminded to update their ECF profile information to their current firm. Local change has been submitted for this case only. Re: #1 Notice of Removal, filed by American First Finance, LLC (ecg, COURT STAFF) (Filed on 9/6/2023)

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Plaintiff: Emma Nieto
Represented By: Alicia Hinton
Represented By: Emrah M. Sumer
Represented By: Robert S. Green
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Defendant: American First Finance, LLC
Represented By: Kalama M. Lui-Kwan
Represented By: Michael Yaghi
Represented By: Susan N. Nikdel
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