Helm Hobbs v. Wells Fargo & Company et al
| Thomas Helm Hobbs |
| Wells Gargo & Company doing business as Wells Fargo, Wells Fargo Bank, National Association, Wells Fargo Central Pacific Holdings, Inc., Does 1 through 100 and Wells Fargo & Company doing business as Wells Fargo |
| Christopher Hobbs |
| 3:2021cv01700 |
| September 29, 2021 |
| US District Court for the Southern District of California |
| Anthony J Battaglia |
| Jill L Burkhardt |
| Janis L Sammartino |
| P.I.: Other |
| 28 U.S.C. § 1332 pi |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
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Filing 42
ORDER Granting Joint Motion for Entry of Stipulated Protective Order [ECF No. 41]]. Signed by Magistrate Judge Jill L. Burkhardt on 4/8/2022. (anh)
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| Filing 41 Joint MOTION for Protective Order Entry of Stipulated Protective Order by Wells Fargo Bank, National Association. (Attachments: #1 Stipulated Protective Order)(Kamka, Mary Kate) (anh). |
| Filing 40 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: A Continued Early Neutral Evaluation Conference was held by video on 3/10/2022 before Judge Burkhardt. The case did not settle. (Plaintiff Attorney Ayman Mourad; Alexander Rynerson) (Defendant Attorney Mary Kate Kamka) (Thomas Helm Hobbs; Christopher Hobbs; Lidia Banda) (no document attached) (lkg) |
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Filing 39
Order: (1) Granting Amended Joint Stipulation to Continue Expert Disclosures and Expert Discovery; and (2) Issuing Amended Scheduling Order [ECF Nos. #21 ; #37 ]. Signed by Magistrate Judge Jill L. Burkhardt on 3/7/2022.(jrm)
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Filing 38
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On or before March 4, 2022, at 4:00 PM, Defendant is ordered to separately lodge a supplement to its confidential settlement statement such that it is in compliance with paragraph 4 of the ENE Order (ECF No. #5 ) that directs: "The settlement position must include a specific and current demand or offer addressing all relief or remedies sought. If a specific demand or offer cannot be made at the time the statement is lodged, then the reasons therefor must be stated along with a statement as to when the party will be in a position to state a demand or offer. A general statement that a party will 'negotiate in good faith,' 'offer a nominal cash sum,' or 'be prepared to make an offer at the conference' is not a specific demand or offer." The confidential supplement should be lodged as required by Judge Burkhardt's civil chambers rules with efile_Burkhardt@casd.uscourts.gov and should not exceed 2 pages. The confidential supplement should not be filed on the docket. This order does not otherwise alter the Court's 10/7/2021, 1/13/2022, and 2/2/2022 Orders. (See ECF Nos. #5 ; 33; 34.) (lkg)
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| Filing 37 NOTICE Joint Stipulation to Continue Expert Disclosures and Expert Discovery by Thomas Helm Hobbs, Christopher Hobbs (Attachments: #1 Proof of Service, #2 Declaration, #3 Proof of Service)(Mourad, Ayman)(jrm). |
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Filing 36
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: For failure to set forth good cause and failure to comply with IV.C.1 of Judge Burkhardt's Civil Chambers Rules, the parties' #35 Joint Stipulation to Continue Expert Disclosures and Expert Discovery is DENIED without prejudice. (lkg)
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| Filing 35 NOTICE Joint Stipulation to Continue Expert Disclosures and Expert Discovery by Thomas Helm Hobbs, Christopher Hobbs (Attachments: #1 Proof of Service)(Mourad, Ayman)(jrm). |
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Filing 34
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Due to a conflict in the Court's calendar, the TIME for the Continued Early Neutral Evaluation Conference scheduled for 3/10/2022 (see ECF No. 33) is RESET to 12:30 PM before Judge Burkhardt. (lkg) Modified on 2/2/2022 to update docket text(als).
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Filing 33
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 1/13/2022, counsel for Plaintiff left a voicemail with Judge Burkhardt's chambers indicating three mutually available dates for a Continued Early Neutral Evaluation ("ENE") Conference. (See ECF No. 26.) Accordingly, the Court hereby SETS a Continued ENE Conference by video for March 10, 2022, at 1:45 PM, before Judge Burkhardt. Updated ENE Statements shall be lodged via email at efile_Burkhardt@casd.uscourts.gov no later than March 3, 2022. The parties shall consult and ensure that their Updated ENE Statements comply with Judge Burkhardt's Civil Chambers Rules and the Court's 10/7/2021 Order (ECF No. #5 ). (lkg)
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Filing 32
ORDER Granting Motion to Appoint guardian ad litem ad Litem. The Court appointsChristopher Hobbs as guardian ad litem for Plaintiff Thomas Helm Hobbs for the purposes of this action only.. Signed by Judge Anthony J. Battaglia on 1/10/2022. (jrm)
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Filing 31
ORDER Denying Plaintiffs Motion to Remand (Doc. No. #9 ). Signed by Judge Anthony J. Battaglia on 1/11/2022. (jrm)
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| Filing 30 SUPPLEMENTAL BRIEFING by Plaintiff Thomas Helm Hobbs . (Attachments: #1 Proof of Service, #2 Declaration, #3 Proof of Service, #4 Exhibit A)(Mourad, Ayman)(jrm). |
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Filing 29
ORDER Compelling Supplemental Briefing on Petitioner's Request for Appointment of Guardian Ad Litem (Doc. No. #23 ). the Court ORDERS Hobbs to file a brief with relevant medical documents in support of his request for appointment of guardian ad litem no later than 1/7/2022. The medical documents must evidence Hobbs lack of capacity to understand the nature or consequences of the proceeding, or inability to assist counsel in the preparation of the case. Signed by Judge Anthony J. Battaglia on 12/14/2021.(jrm)
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| Filing 28 REPLY to Response to Motion re #7 MOTION to Remand to State Court filed by Thomas Helm Hobbs. (Attachments: #1 Proof of Service)(Mourad, Ayman)(jrm). |
| Filing 27 RESPONSE in Opposition re #8 MOTION to Remand to State Court , #9 Amended MOTION to Remand to State Court Points & Authorities, #7 MOTION to Remand to State Court filed by Wells Fargo Bank, National Association. (Kamka, Mary Kate) (jrm). |
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Filing 26
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The Continued Early Neutral Evaluation Conference ("ENE") currently set for 12/15/2021 is hereby VACATED. The parties shall leave a joint voicemail message with Judge Burkhardt's chambers no later than 72 hours after a ruling on Plaintiff's pending Motion to Appoint Guardian Ad Litem (ECF No. #23 ) and provide three mutually available dates for the Continued ENE. (lkg)
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| Filing 25 NOTICE of Continued Hearing on Motion #7 MOTION to Remand to State Court , #8 MOTION to Remand to State Court , #9 Amended MOTION to Remand to State Court Points & Authorities : Motion Hearing set for 1/27/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. (no document attached) (sc) |
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Filing 24
AMENDED ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re #23 MOTION to Appoint Guardian ad Litem : Responses due by 12/6/2021; Replies due by 12/13/2021; sur-replies will not be accepted. Status Hearing re Guardian Ad Litem set for 1/27/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) Modified text on 11/22/2021 (lrf).
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| Filing 23 MOTION to Appoint Guardian ad Litem by Thomas Helm Hobbs. (Attachments: #1 Memo of Points and Authorities, #2 Proof of Service, #3 Declaration, #4 Proof of Service, #5 Proposed Order, #6 Proof of Service, #7 Exhibit A)(Mourad, Ayman) QC mailer sent, proposed orders should not be attached (zda). |
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Filing 22
ORDER Granting Stipulated Request to Continue Briefing Schedule on the Pending Motion to Remand. Wells Fargo's opposition to the Motion to Remand is due on or before 12/6/2021. Plaintiff's reply in support of the Motion to Remand is due on or before 12/13/2021. Signed by Judge Anthony J. Battaglia on 11/18/2021.(jrm)
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Filing 21
Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. Final Pretrial Conference set for 10/13/2022 02:00 PM before Judge Anthony J. Battaglia. Mandatory Settlement Conference set for 6/6/2022 01:45 PM before Magistrate Judge Jill L. Burkhardt. Proposed Pretrial Order due by 10/6/2022. Signed by Magistrate Judge Jill L. Burkhardt on 11/17/2021. (jrm)
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| Filing 20 MOTION to Continue the Briefing Schedule on the Pending Motion to Remand by Wells Fargo & Company. (Kamka, Mary Kate)(jrm). |
| Filing 19 MOTION to Withdraw as Attorney Hyun Wook (Vincent) Shin by Wells Fargo & Company. (Attachments: #1 Declaration)(Kamka, Mary Kate)Attorney Mary Kate Kamka added to party Wells Fargo & Company(pty:dft)(jrm). |
| Filing 18 NOTICE of Appearance by Mary Kate Kamka on behalf of Wells Fargo Bank, National Association (Kamka, Mary Kate)Attorney Mary Kate Kamka added to party Wells Fargo Bank, National Association(pty:dft) (jrm). |
| Filing 17 NOTICE of Change of Hearing: Continued Early Neutral Evaluation RESET to 12/15/2021, at 9:00 AM, before Magistrate Judge Jill L. Burkhardt. (no document attached) (lkg) |
| Filing 16 Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation Conference held on 11/15/2021 by video conference. The case did not settle. Case Management Conference also held on 11/15/2021 by video conference. Continued Early Neutral Evaluation Conference SET for 12/15/2021, at 9:15 AM before Magistrate Judge Jill L. Burkhardt. Scheduling Order to follow. (Plaintiff Attorney Ayman Mourad) (Defendant Attorney Hyun Wook Shin) (Thomas Helm Hobbs; Christopher Hobbs; Herb Leney) (no document attached) (lkg) |
| Filing 15 JOINT DISCOVERY PLAN by Thomas Helm Hobbs (Attachments: #1 Proof of Service)(Mourad, Ayman)(jrm). |
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Filing 14
ORDER Granting in Part Joint Motion for a Briefing Schedule on Motion to Remand (Doc. No. #10 ). Wells Fargo's opposition to the Motion to Remand due on or before 11/22/2021; and Plaintiff's reply in support of the Motion to Remand due on or before 11/29/2021. Motion hearing remains as currently scheduled. Signed by Judge Anthony J. Battaglia on 11/8/2021.(jrm)
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Filing 13
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On or before November 10, 2021, at 12:00 PM, both Plaintiff and Defendant are ordered to separately lodge supplements to their confidential settlement statements such that they are in compliance with paragraphs 3 and 4 of the ENE Order (ECF No. #5 ) and Judge Burkhardt's civil chamber rules, and that direct: (1) "In addition to counsel who will try the case, a party or party representative with full settlement authority must appear at the ENE. In the case of an entity, an authorized representative of the entity who is not retained counsel must be present and must have discretionary authority to commit the entity to pay an amount up to the amount of the Plaintiffs prayer (excluding punitive damages prayers);" (2) "The settlement position must include a specific and current demand or offer addressing all relief or remedies sought. If a specific demand or offer cannot be made at the time the statement is lodged, then the reasons therefor must be stated along with a statement as to when the party will be in a position to state a demand or offer. A general statement that a party will 'negotiate in good faith,' 'offer a nominal cash sum,' or 'be prepared to make an offer at the conference' is not a specific demand or offer;" and (3) the statement shall also list "(i) all attorney and non-attorney conference attendees for that side, including the name(s) and title(s)/position(s) of the party/party representative(s) who will appear and have settlement authority at the conference; (ii) an e-mail address for each participant to receive the Zoom video conference invitation; and (iii) a telephone number where each participant may be reached so that if technical difficulties arise, the Court will be in a position to proceed telephonically instead of by video conference." The confidential supplements should be lodged as required by Judge Burkhardt's civil chambers rules with efile_Burkhardt@casd.uscourts.gov and should not exceed 2 pages. The confidential supplements should not be filed on the docket. This Order does not otherwise alter the Court's 10/7/2021 Order. (See ECF No. #5 .) (lkg)
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Filing 12
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: Early Neutral Evaluation (ENE) Statements were due to the Court by 11/5/2021. (See ECF No. #5 .) The Court is not in receipt of Defendants' ENE Statement. Accordingly, no later than tomorrow, 11/9/2021, at 12:00 PM, Defendants shall LODGE their ENE Statement via e-mail at efile_Burkhardt@casd.uscourts.gov. The ENE Statement shall address why it is being lodged after the court-ordered deadline. Defendants should otherwise consult and ensure that their ENE Statement complies with Judge Burkhardt's Civil Chambers Rules and the Court's 10/7/2021 Order (ECF No. #5 ). (lkg)
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Filing 11
MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: On 11/4/2021, the parties filed a request for Continuance of All Deadlines Associated with the Discovery Plan. (ECF No. #10 .) Because the request is untimely and not adequately supported by good cause, the parties' request is DENIED. Accordingly, no later than Wednesday, 11/10/2021, at 12:00 PM, the parties SHALL FILE their Joint Discovery Plan (ensuring it complies with the Court's 10/7/2021 Order, ECF No. #5 ). (lkg)
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| Filing 10 JOINT DISCOVERY PLAN by Wells Fargo Bank, National Association re #9 Amended MOTION to Remand to State Court Points & Authorities and Continuance (Attachments: #1 Proof of Service)(Shin, Hyun) (jmo). |
| Filing 9 Amended MOTION to Remand to State Court Points & Authorities by Thomas Helm Hobbs. (Attachments: #1 Proof of Service)(Mourad, Ayman) |
| Filing 8 MOTION to Remand to State Court by Thomas Helm Hobbs. (Attachments: #1 Proof of Service, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Proof of Service, #10 Request for Judicial Notice, #11 Exhibit A, #12 Exhibit B, #13 Exhibit C, #14 Exhibit D, #15 Exhibit E, #16 Exhibit F, #17 Proof of Service)(Mourad, Ayman) |
| Filing 7 MOTION to Remand to State Court by Thomas Helm Hobbs. (Mourad, Ayman) |
| Filing 6 DEMAND for Trial by Jury by Thomas Helm Hobbs. (Attachments: #1 Proof of Service)(Mourad, Ayman)(jrm). |
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Filing 5
NOTICE AND ORDER Setting Early Neutral Evaluation and Case Management Conference. Early Neutral Evaluation and Case Management Conference set for 11/15/2021 09:15 AM before Magistrate Judge Jill L. Burkhardt. Joint Discovery Plan due 11/5/2021. Signed by Magistrate Judge Jill L. Burkhardt on 10/7/2021.(jrm)
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| Filing 4 ANSWER to Complaint and Affirmative Defenses by Wells Fargo Bank, National Association.(Shin, Hyun)(jrm). |
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Filing 3
ORDER: (1) Recusing from Case; and (2) Requesting Reassignment. Judge Janis L. Sammartino is no longer assigned. Case reassigned to Judge Anthony J. Battaglia for all further proceedings. The new case number is 21-cv-01700-JLS-JLB. Signed by Judge Janis L. Sammartino on 10/1/2021. (tcf)
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| Filing 2 NOTICE of Party With Financial Interest by Wells Fargo Bank, National Association. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, National Association. (Shin, Hyun) (tcf). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand ( Filing fee $ 402 receipt number ACASDC-16178743.), filed by Wells Fargo Bank, National Association. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)The new case number is 3:21-cv-1700-JLS-JLB. Judge Janis L. Sammartino and Magistrate Judge Jill L. Burkhardt are assigned to the case. (fth) |
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