Lotsoff et al v. Wells Fargo Bank, N.A. et al
| Ashleigh Hartman and Helen Lotsoff |
| FCTI, Inc., Wells Fargo Bank, N.A. and Does 1 - 50 |
| 3:2018cv02033 |
| August 30, 2018 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Mitchell D Dembin |
| Contract: Other |
| 28 U.S.C. § 1332 bc |
| Both |
Docket Report
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This docket was last retrieved on February 20, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 64 RESPONSE in Opposition re #51 MOTION to Dismiss for Failure to State a Claim filed by Ashleigh Hartman, Helen Lotsoff. (Attachments: #1 Appendix of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Carpenter, Todd) (jrm). |
| Filing 63 NOTICE of Change of Attorneys for Defendant Within Law Firm by FCTI, Inc. (McLeod, Kristen)(jrm). |
Filing 62
ORDER BY JUDGE BATTAGLIA, Motion Submitted #47 MOTION to Stay. This motion is suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the motion will be deemed submitted as of this date. (no document attached) (sc)
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| Filing 61 NOTICE of Appearance by Jae Kook Kim on behalf of Ashleigh Hartman, Helen Lotsoff (Kim, Jae)Attorney Jae Kook Kim added to party Ashleigh Hartman(pty:pla), Attorney Jae Kook Kim added to party Helen Lotsoff(pty:pla) (jrm). |
| Filing 60 NOTICE of Change of Attorneys by FCTI, Inc. (McLeod, Kristen) (jrm). |
| Filing 59 REPLY to Response to Motion re #49 MOTION to Dismiss for Failure to State a Claim filed by FCTI, Inc.. (McLeod, Kristen) (jrm). |
| Filing 58 REPLY to Response to Motion re #47 MOTION to Stay This Action Pending the Appeal of the Court's Denial of the Bank's Motion to Compel Arbitration filed by Wells Fargo Bank, N.A.. (Moreno, Alejandro) (jrm). |
| Filing 57 RESPONSE in Opposition re #47 MOTION to Stay this Action Pending Appeal filed by Ashleigh Hartman, Helen Lotsoff. (Attachments: #1 Proof of Service)(Carpenter, Todd) (jrm). |
| Filing 56 RESPONSE in Opposition re #49 MOTION to Dismiss for Failure to State a Claim filed by Ashleigh Hartman, Helen Lotsoff. (Attachments: #1 Proof of Service)(Carpenter, Todd) (jrm). |
| Filing 55 NOTICE of Continued Hearing on Motion #49 MOTION to Dismiss for Failure to State a Claim , #51 MOTION to Dismiss for Failure to State a Claim : Due to the pending Motion to Stay, the motion to dismiss hearing is continued to 3/5/2020 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (sc) |
| Filing 54 DECLARATION re #49 MOTION to Dismiss for Failure to State a Claim by Defendant FCTI, Inc.. (Ren, Yan)(jrm). |
| Filing 53 NOTICE of Withdrawal of Declaration of Yan Ren by FCTI, Inc. re #52 Declaration (Ren, Yan) (jrm). |
| Filing 52 **Document Withdrawn per Dkt. No. #54 ** DECLARATION re #49 MOTION to Dismiss for Failure to State a Claim by Defendant FCTI, Inc.. (Ren, Yan) QC mailer sent re missing s/ signature; withdraw/refile (jrm). Modified to withdraw on 11/13/2019 (jrm). |
| Filing 51 MOTION to Dismiss for Failure to State a Claim by Wells Fargo Bank, N.A.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit 1)(Moreno, Alejandro) |
| Filing 50 NOTICE of Appearance by Jeffrey D Cawdrey on behalf of FCTI, Inc. (Cawdrey, Jeffrey)Attorney Jeffrey D Cawdrey added to party FCTI, Inc.(pty:dft) |
| Filing 49 MOTION to Dismiss for Failure to State a Claim by FCTI, Inc.. (Attachments: #1 Memo of Points and Authorities)(Ren, Yan) |
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Filing 48
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #47 MOTION to Stay : Responses due by 11/19/2019; Replies due by 11/26/2019; sur-replies will not be accepted. Motion hearing scheduled for 1/30/19 at 2:00 p.m. in Courtroom 4A.(All non-registered users served via U.S. Mail Service)(no document attached) (sc)
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| Filing 47 MOTION to Stay by Wells Fargo Bank, N.A.. (Attachments: #1 Memo of Points and Authorities)(Moreno, Alejandro)(jrm). |
| Filing 46 USCA Time Schedule Order as to #44 Notice of Appeal to the 9th Circuit filed by Wells Fargo Bank, N.A. (akr) |
| Filing 45 USCA Case Number 19-56240 for #44 Notice of Appeal to the 9th Circuit filed by Wells Fargo Bank, N.A. (akr) |
| Filing 44 NOTICE OF APPEAL to the 9th Circuit by Wells Fargo Bank, N.A., as to #37 Order. (Filing fee $ 505, receipt no. 0974-13096456.) (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) |
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Filing 43
ORDER Granting Joint Motion to Continue Wells Fargo bank, N.A.'s Deadline to Respond to Plaintiffs' First Amended Complaint by Two Weeks to November 8, 2019 (Doc. No. #42 ). Signed by Judge Anthony J. Battaglia on 10/22/2019. (jrm)
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| Filing 42 Joint MOTION to Continue Wells Fargo Bank, N.A.'s Deadline to Respond to Plaintiffs' First Amended Complaint by Two Weeks to November 8, 2019 by Wells Fargo Bank, N.A.. (Moreno, Alejandro) (jrm). |
| Filing 41 NOTICE of Intent Not to Amend Complaint by Ashleigh Hartman, Helen Lotsoff re #37 Order on Motion to Compel, Order on Motion to Dismiss, Order on Motion for Leave to File Document (Carpenter, Todd) (jdt). |
| Filing 40 NOTICE OF WITHDRAWAL OF DOCUMENT by Ashleigh Hartman, Helen Lotsoff re #39 Notice (Other) filed by Ashleigh Hartman, Helen Lotsoff . (Carpenter, Todd) (jdt). |
| Filing 39 ***WITHDRAWN per ECF #40 *** NOTICE of Intent Not to Amend Complaint by Ashleigh Hartman, Helen Lotsoff re #37 Order on Motion to Compel,, Order on Motion to Dismiss,, Order on Motion for Leave to File Document, (Carpenter, Todd). Modified on 10/15/2019 to withdraw (jdt). |
| Filing 38 NOTICE of Appearance of Yan Ren by Yan Ren on behalf of FCTI, Inc. (Ren, Yan)Attorney Yan Ren added to party FCTI, Inc.(pty:dft) (jrm). |
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Filing 37
ORDER: (1) Denying #3 Defendant Wells Fargo Bank's Motion to Compel Arbritration; (2) Granting #17 Plaintiffs' Motion for Leave to File An Amended Complaint; (3) Denying #16 Defendant FCTI Inc.'s Motion to Dismiss. Plaintiffs must file an amended complaint on or before October 11, 2019. Signed by Judge Anthony J. Battaglia on 09/30/19. (mme)
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| Filing 36 RESPONSE re #35 Notice (Other) of New Controlling Authority filed by Wells Fargo Bank, N.A. (Moreno, Alejandro)(acc). |
| Filing 35 NOTICE of New Controlling Authority by Ashleigh Hartman, Helen Lotsoff re #15 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kaliel, Jeffrey) (acc). |
| Filing 34 RESPONSE in Support re #3 MOTION to Compel Arbitration (Response to Plaintiffs' Notice of Supplemental Authority) filed by Wells Fargo Bank, N.A. (Moreno, Alejandro) (acc). |
| Filing 33 NOTICE of Appearance by Kristen Sweaney McLeod on behalf of FCTI, Inc. (McLeod, Kristen)Attorney Kristen Sweaney McLeod added to party FCTI, Inc.(pty:dft) (acc). |
| Filing 32 Corporate Disclosure Statement by FCTI, Inc. identifying Corporate Parent Steven Bank, LTD for FCTI, Inc. (McLeod, Kristen) (acc). |
| Filing 31 NOTICE of Supplemental Authority by Ashleigh Hartman, Helen Lotsoff re #15 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Proof of Service)(Carpenter, Todd) (acc). |
| Filing 30 NOTICE OF CHANGE OF LAW FIRM NAME by Helen Lotsoff (Carpenter, Todd) (acc). |
| Filing 29 NOTICE of New Authority by Wells Fargo Bank, N.A. re #3 MOTION to Compel Arbitration (Attachments: #1 Exhibit A, #2 Proof of Service)(Moreno, Alejandro) (acc). |
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Filing 28
ORDER BY JUDGE BATTAGLIA, Motions Submitted #17 MOTION for Leave to File Second Amended Complaint, #3 MOTION to Compel Arbitration, #16 MOTION to Dismiss Plaintiffs' First Amended Complaint. These motions are suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1.d.1. Accordingly, no appearances are required and the motions will be deemed submitted as of this date. (no document attached) (sc)
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| Filing 27 REPLY to Response to Motion re #17 MOTION for Leave to File Second Amended Complaint filed by Ashleigh Hartman, Helen Lotsoff. (Attachments: #1 Proof of Service)(Carpenter, Todd) (acc). |
| Filing 26 RESPONSE in Opposition re #17 MOTION for Leave to File Second Amended Complaint filed by FCTI, Inc. (Attachments: #1 Declaration of Benjamin T. Morton)(Morton, Benjamin) (acc). |
| Filing 25 RESPONSE in Opposition re #20 Joint MOTION for Extension of Time to File Response/Reply as to 18 Order Setting Briefing Schedule, #17 MOTION for Leave to File Second Amended Complaint filed by Wells Fargo Bank, N.A. (Moreno, Alejandro) (acc). |
| Filing 24 REPLY to Response to Motion re #16 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by FCTI, Inc. (Morton, Benjamin) (acc). |
| Filing 23 RESPONSE in Opposition re #16 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by Ashleigh Hartman, Helen Lotsoff. (Attachments: #1 Proof of Service)(Carpenter, Todd) (acc). |
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Filing 22
ORDER Granting #20 Joint Motion to Modify Briefing Schedule on Plaintiffs' Motion for Leave to Amend. Oppositions due by 11/6/2018 Replies due by 11/20/2018. The hearing on the Motion for Leave to Amend will remain as set on 1/10/2019. Signed by Judge Anthony J. Battaglia on 10/22/2018. (acc)
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| Filing 21 REPLY to Response to Motion re #3 MOTION to Compel Arbitration filed by Wells Fargo Bank, N.A.. (Attachments: #1 Request for Judicial Notice, #2 Exhibit A, #3 Proof of Service)(Moreno, Alejandro) (ajs). |
| Filing 20 Joint MOTION for Extension of Time to File Response/Reply as to 18 Order Setting Briefing Schedule, by Wells Fargo Bank, N.A.. (Attachments: #1 Proof of Service)(Moreno, Alejandro) (ajs). |
| Filing 19 NOTICE of Continued Hearing on Motion #3 MOTION to Compel Arbitration : Motion Hearing continued to 1/10/2019 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (sc) |
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Filing 18
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #17 MOTION for Leave to File Second Amended Complaint, #16 MOTION to Dismiss Plaintiffs' First Amended Complaint : Responses due by 10/23/2018; Replies due by 10/30/2018; sur-replies will not be accepted. Motion hearing scheduled for 1/10/19 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
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| Filing 17 MOTION for Leave to File Second Amended Complaint by Ashleigh Hartman, Helen Lotsoff. (Attachments: #1 Memo of Points and Authorities, #2 Declaration, #3 Proof of Service)(Carpenter, Todd) (acc). |
| Filing 16 MOTION to Dismiss Plaintiffs' First Amended Complaint by FCTI, Inc. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Benjamin Morton)(Morton, Benjamin) (acc). |
| Filing 15 RESPONSE in Opposition re #3 MOTION to Compel Arbitration filed by Ashleigh Hartman, Helen Lotsoff. (Attachments: #1 Declaration, #2 Proof of Service)(Carpenter, Todd) (acc). |
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Filing 14
ORDER granting #10 Joint Motion to Extend Briefing Schedule Re Motion to Compel Arbitration. Responses due by 10/5/2018. Replies due by 10/19/2018. Signed by Judge Anthony J. Battaglia on 9/19/2018. (acc)
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Filing 13
ORDER Granting #8 Joint Motion to Extend Time for FCTI, Inc. to Respond to Complaint. FCTI, Inc. answer due 10/5/2018. Signed by Judge Anthony J. Battaglia on 9/19/2018. (acc)
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| Filing 12 NOTICE of Appearance by Jeffrey Douglas Kaliel on behalf of Ashleigh Hartman, Helen Lotsoff (Kaliel, Jeffrey)Attorney Jeffrey Douglas Kaliel added to party Ashleigh Hartman(pty:pla), Attorney Jeffrey Douglas Kaliel added to party Helen Lotsoff(pty:pla)(acc). |
| Filing 11 NOTICE of Appearance by Sophia Goren Gold on behalf of Ashleigh Hartman, Helen Lotsoff (Gold, Sophia)Attorney Sophia Goren Gold added to party Ashleigh Hartman(pty:pla), Attorney Sophia Goren Gold added to party Helen Lotsoff(pty:pla) (acc). |
| Filing 10 Joint MOTION for Extension of Time to File Response/Reply by Ashleigh Hartman, Helen Lotsoff. (Attachments: #1 Declaration, #2 Proof of Service)(Carpenter, Todd) (acc). |
| Filing 9 NOTICE of Appearance by Shelby Poteet on behalf of FCTI, Inc. (Poteet, Shelby)Attorney Shelby Poteet added to party FCTI, Inc.(pty:dft) (acc). |
| Filing 8 Joint MOTION for Extension of Time to File Response to Complaint by FCTI, Inc. (Morton, Benjamin) Modified on 9/13/2018 to correct event type (acc). |
| Filing 7 NOTICE of Appearance by Benjamin Taliaferro Morton on behalf of FCTI, Inc. (Morton, Benjamin)Attorney Benjamin Taliaferro Morton added to party FCTI, Inc.(pty:dft) (acc). |
| Filing 6 NOTICE of Party With Financial Interest by FCTI, Inc. . Identifying Corporate Parent Seven-Eleven Japan Co., LTD, Corporate Parent Seven and I Holdings Co., Ltd., Corporate Parent Seven Bank Ltd. for FCTI, Inc. (Attachments: #1 Proof of Service, #2 Proof of Service)(Lam, Scott) (acc). |
| Filing 5 NOTICE of Removal by FCTI, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proof of Service, #6 Proof of Service)(Lam, Scott)Attorney Scott Lam added to party FCTI, Inc.(pty:dft) (acc). |
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Filing 4
ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #3 MOTION to Compel Arbitration : Responses due by 9/21/2018; Replies due by 9/28/2018; sur-replies will not be accepted. Motion hearing scheduled for 12/13/18 at 2:00 p.m. in Courtroom 4A.(no document attached) (sc)
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| Filing 3 MOTION to Compel Arbitration by Wells Fargo Bank, N.A.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Exhibit A, #4 Proof of Service)(Moreno, Alejandro)Attorney Alejandro E. Moreno added to party Wells Fargo Bank, N.A.(pty:dft) (acc). |
| Filing 2 NOTICE of Party With Financial Interest by Wells Fargo Bank, N.A. re #1 Notice of Removal, Identifying Corporate Parent Wells Fargo & Co. for Wells Fargo Bank, N.A. (sjm) (jao). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California, County of San Diego, case number 37-2018-00026392-CU-CO-CTL. ( Filing fee $ 400 receipt number 0974-11620369), filed by Wells Fargo Bank, N.A. (Attachments: #1 Civil Cover Sheet, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proof of Service)The new case number is 3:18-cv-2033-AJB-MDD. Judge Anthony J. Battaglia and Magistrate Judge Mitchell D. Dembin are assigned to the case.(sjm) (jao). |
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