Jerry Gustafson v. Bank of America, N.A. et al
| Jerry Gustafson |
| Bank of America, N.A., Suntrust Mortgage, Inc. and Does 1-100, inclusive |
| 3:2014cv01801 |
| July 31, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Cathy Ann Bencivengo |
| Karen S Crawford |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 pr Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 14, 2014. A more recent docket listing may be available from PACER.
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Filing 20
ORDER Granting Joint Motion to Dismiss with Prejudice (Doc. No. #19 ). The joint motion/stipulation is hereby granted and the case is dismissed with prejudice pursuant to the terms of the joint motion/stipulation. Signed by Judge Cathy Ann Bencivengo on 11/14/2014. (All non-registered users served via U.S. Mail Service)(cxl)
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| Filing 19 Stipulated Dismissal with Prejudice by Jerry Gustafson. Filed nunc pro tunc 11/13/2014 (cxl) |
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Filing 18
Notice of Document Discrepancies and Order Thereon by Judge Cathy Ann Bencivengo Accepting Document: Stipulated Dismissal with Prejudice, from Plaintiff Jerry Gustafson. Non-compliance with local rule(s), OTHER: Missing Certificate of Service. Signed by Judge Cathy Ann Bencivengo on 11/13/2014.(All non-registered users served via U.S. Mail Service)(cxl)
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Filing 17
ORDER Denying Plaintiff's Motion to Remand, (Doc. No. #14 ); Granting in part Defendants' Motion to Dismiss (Doc. No. #5 ); and Dismissing Complaint in its entirety without prejudice. Plaintiff's motion to remand, (Doc. No. #14 ), is denied. Defendants motion to dismiss Plaintiff's complaint on the basis of failure to join an indispensable party (Doc. No. #5 ), is granted, and Plaintiff's complaint is dismissed without prejudice and with leave to amend. Plaintiff shall file an amended complaint no later than November 30, 2014, with Ms. Gustafson joined as a party. If an amended complaint is not filed by November 30, 2014, the Clerk of the Court shall terminate the case. Signed by Judge Cathy Ann Bencivengo on 11/3/2014. (All non-registered users served via U.S. Mail Service)(cxl)
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| Filing 16 MINUTE ORDER: Plaintiff's motion to remand suitable for adjudication without oral argument. See CivLR 7.1 (d.I). Accordingly, it is hereby ordered the motion is taken under submission without oral argument and the hearing set for October 14, 2014 is VACATED. The Court will issue an order in due course.(All non-registered users served via U.S. Mail Service)(cxl) |
| Filing 15 RESPONSE in Opposition re #14 MOTION to Remand * Defendants' Opposition to Plaintiff's Motion for Remand * filed by Bank of America, N.A., Suntrust Mortgage, Inc.. (Gerst, Michael) (cxl). |
| Filing 14 Plaintiff's MOTION to Remand by Jerry Gustafson. Filed nunc pro tunc 9/15/2014 (cxl) |
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Filing 13
Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Accepting Document: Plaintiff's Motion to Remand from Jerry Gustafson. Non-compliance with local rule(s), Civ. L. Rule 7.1: Date noticed for hearing not in compliance with rules/documents are not timely. IT IS HEREBY ORDERED: The document is to be filed nunc pro tunc to date received.. Signed by Judge Cathy Ann Bencivengo on 9/15/2014.(All non-registered users served via U.S. Mail Service)(cxl)
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| Filing 12 MINUTE ORDER: On August 7, 2014, Defendants filed a motion to dismiss the complaint (Doc. No. #5 ). On August 21, 2014, Plaintiff filed an opposition to the motion. (Doc. Nos. #7 and #8 ) On September 5, 2014, Defendants filed a reply to the opposition. (Doc. No. #11 ). After a careful review of the parties submissions, the Court deems Defendants motion to dismiss suitable for adjudication without oral argument. See CivLR 7.1 (d.I). Accordingly, IT IS HEREBY ORDERED the motion is taken under submission without oral argument and the hearing set for September 19, 2014 is VACATED. The Court will issue an order in due course.(All non-registered users served via U.S. Mail Service)(cxl) |
| Filing 11 REPLY - Other re #5 MOTION to Dismiss Plaintiff's Verified Complaint * Defendants' Reply Memorandum of Points and Authorities in Support of Motion to Dismiss Plaintiff's Verified Complaint and Request for Judicial Notice * filed by Bank of America, N.A., Suntrust Mortgage, Inc.. (Attachments: #1 Proof of Service)(Gerst, Michael) (cxl). |
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Filing 10
Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Rejecting Document: Plaintiff's Objection to Defendant's Motion to Dismiss from Jerry Gustafson. Non-compliance with local rule(s), OTHER: Document previously submitted and filed on 8/21/2014. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. Signed by Judge Cathy Ann Bencivengo on 8/29/2014.(All non-registered users served via U.S. Mail Service)(cxl)
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Filing 9
Notice of Document Discrepancies by Judge Cathy Ann Bencivengo Rejecting Document: Plaintiff's Objection to Defendant's Request for Judicial Notice from Jerry Gustafson. Non-compliance with local rule(s), OTHER: Document previously submitted and filed on 8/21/2014. IT IS HEREBY ORDERED: The document is NOT to be filed, but instead REJECTED and it is ORDERED that the Clerk serve a copy of this order on all parties. Any further failure to comply with the Local Rules may lead to penalties pursuant to Local Rule 83.1., Rejected document was returned to the filer. Signed by Judge Cathy Ann Bencivengo on 8/29/2014.(All non-registered users served via U.S. Mail Service)(cxl)
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| Filing 8 OBJECTION to Defendants Request for Judicial Notice [ #5 -2] by Jerry Gustafson (All non-registered users served via U.S. Mail Service)(yeb) |
| Filing 7 RESPONSE in Opposition re #5 MOTION to Dismiss Plaintiff's Verified Complaint filed by Jerry Gustafson. (yeb) |
| Filing 6 NOTICE of Party With Financial Interest by Bank of America, N.A., Suntrust Mortgage, Inc. * Certification as to Interested Parties * (Attachments: #1 Proof of Service)(Gerst, Michael) (yeb). |
| Filing 5 MOTION to Dismiss Plaintiff's Verified Complaint by Bank of America, N.A., Suntrust Mortgage, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Proposed Order, #4 Proof of Service)(Gerst, Michael)Attorney Michael Ellis Gerst added to party Bank of America, N.A.(pty:dft) (yeb). |
| Filing 4 MINUTE ORDER: If Plaintiff wishes to pursue a TRO, he shall file a separate ex parte application/motion for TRO in compliance with FRCP 65(b) and this Courts Chamber Rules for Civil Cases. (All non-registered users served via U.S. Mail Service)(yeb) |
| Filing 3 CERTIFICATE OF SERVICE by Suntrust Mortgage, Inc. (Attachments: #1 Exhibit, #2 Proof of Service)(Gerst, Michael) (yeb). |
| Filing 2 NOTICE of Party With Financial Interest by Suntrust Mortgage, Inc. (All non-registered users served via U.S. Mail Service)(dls) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from S.D.C.S.C. - North County Division, case number 37-2014-00019093-CU-OR-NC. (Filing fee $400 receipt number 0974-7252427), filed by Suntrust Mortgage, Inc. (t/w complaint in removal). (Attachments: #1 Exhibit A - Part 1 (State Complaint), #2 Exhibit A - Part 2, #3 Proof of Service, #4 Cover Sheet).The new case number is 3:14-cv-1801-CAB-KSC. Judge Cathy Ann Bencivengo and Magistrate Judge Karen S. Crawford are assigned to the case. (Gerst, Michael)(dls) |
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