Thomas W. McNamara v. Wells Fargo and Company et al
| Thomas W McNamara |
| Wells Fargo and Company and Wells Fargo Bank N.A. |
| John Sotoodeh |
| 3:2023cv01259 |
| July 7, 2023 |
| U.S. District Court for the Southern District of California |
| Jill L Burkhardt |
| Larry Alan Burns |
| David D Leshner |
| M James Lorenz |
| Other Statutory Actions |
| None |
Docket Report
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| Filing 32 Minute Entry: Discovery Hearing held on 8/30/2023 before Magistrate Judge David D. Leshner. Jonathan M. Rotter, Logan D. Smith, and Garth A. Spencer appeared for Plaintiff. Molly M. White, Alicia A. Baiardo, David C. Powell, and Anthony Q. Le appeared for Defendants. Matthew J. Jacobs and Jessica S. Heim appeared for non-party John Sotoodeh. Written order to follow. (no document attached) (kmc) |
| Filing 31 NOTICE of Appearance by Logan Daniel Smith on behalf of Thomas W McNamara (Smith, Logan)Attorney Logan Daniel Smith added to party Thomas W McNamara(pty:pla) (rmc). |
| Filing 30 REPLY In Support of Its Motion For A Protective Order As To The Subpoena To John Sotoodeh filed by Wells Fargo Bank N.A., Wells Fargo and Company. (Attachments: #1 Supplemental Declaration of Molly M. White, #2 Exhibit 1 ISO of Declaration of Molly M. White, #3 Exhibit 2 ISO of Declaration of Molly M. White, #4 Exhibit 3 ISO of Declaration of Molly M. White, #5 Exhibit 4 ISO of Declaration of Molly M. White, #6 Exhibit 5 ISO of Declaration of Molly M. White, #7 Exhibit 6 ISO of Declaration of Molly M. White, #8 Exhibit 7 ISO of Declaration of Molly M. White, #9 Exhibit 8 ISO of Declaration of Molly M. White, #10 Exhibit 9 ISO of Declaration of Molly M. White, #11 Exhibit 10 ISO of Declaration of Molly M. White, #12 Declaration of Laura Campoli Yates, #13 Declaration of Anthony Q. Le, #14 Declaration of Kevin B. Frankel)(White, Molly) (jms). |
| Filing 29 RESPONSE re #23 Notice of Joinder [Plaintiff Thomas W. McNamaras Response To John Sotoodehs Joinder To Defendants Motion For Protective Order As To Plaintiffs Subpoena] filed by Thomas W McNamara. (Attachments: #1 Declaration of Jonathan M. Rotter, #2 Exhibit 14 - Jennifer Faulkner Expert Report Excerpts, #3 Exhibit 15 - Steven Lindsey Expert Report Excerpts)(Rotter, Jonathan) (jms). |
| Filing 28 NOTICE of Videoconference Information for Discovery Hearing and Status Conference on August 30, 2023 (rmc) |
| Filing 27 NOTICE of Non-Joinder by Wells Fargo Bank N.A., Wells Fargo and Company re #14 MOTION to File Documents Under Seal (Baiardo, Alicia) (rmc). |
Filing 26
ORDER re #14 MOTION to File Documents Under Seal. On July 10, 2023, Plaintiff filed a motion to file documents under seal. Dkt. No. 14. The basis of the request for sealing is that Defendants designated the documents confidential pursuant to the parties' stipulated Confidentiality Order. Judge Leshner's Chambers Rules, section III.G., require that "[w]here the party requesting sealing is not the designating party... the designating party must file a joinder in the motion to seal within 4 business days of service and must make the required showing that the information is protectable under the law." By not later than August 18, 2023, Defendants must either file a joinder in the motion to seal, or advise the Court that the documents are not subject to sealing. (no document attached) (src)
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| Filing 25 NOTICE of Appearance by Jessica Susan Heim on behalf of John Sotoodeh (Heim, Jessica)Attorney Jessica Susan Heim added to party John Sotoodeh(pty:misc) (rmc). |
| Filing 24 NOTICE of Appearance by Matthew J. Jacobs on behalf of John Sotoodeh (Jacobs, Matthew)Attorney Matthew J. Jacobs added to party John Sotoodeh(pty:misc) (rmc). |
| Filing 23 NOTICE of Joinder by John Sotoodeh re #1 Complaint, (Attachments: #1 Declaration)(Kiefer, Oliver) courtesy QC mail sent re document electronically signed by non-attorney (rmc). |
| Filing 22 NOTICE of Appearance by Oliver M. Kiefer on behalf of John Sotoodeh (Kiefer, Oliver)Attorney Oliver M. Kiefer added to party John Sotoodeh(pty:misc) (rmc). |
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Filing 21
MINUTE ORDER: A Discovery Motion Hearing is currently set in the instant matter for August 31, 2023, at 2:00 p.m., and was set to run concurrently with a Status Conference in related case no. 3:21-cv-1245-LAB-DDL ("Related Case") previously set for the same date and time. On August 3, 2023, the Court granted the parties' Joint Stipulation to reschedule the Status Conference and Discovery Motion Hearing, and the Status Conference was reset to August 30, 2023, at 12:00 p.m. in the Related Case. See Related Case at Dkt. No. 150.In light of this change, the remote Discovery Motion Hearing in the instant matter is reset to August 30, 2023, at 12:00 p.m. Instructions for remote appearances will be provided in advance of the hearing date. The parties shall comply with all other deadlines set forth in the Court Order in the instant matter at Dkt. No. 20.Signed by Magistrate Judge David D. Leshner on August 3, 2023. (Discovery Hearing set for 8/30/2023 12:00 PM before Magistrate Judge David D. Leshner.) (CC: matt.jacobs@us.dlapiper.com; jess.heim@us.dlapiper.com; oliver.kiefer@dlapiper.com) (no document attached) (kmc)
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| Filing 20 MINUTE ORDER: For the reasons set forth in the Court's Order dated July 24, 2023, in the matter of McNamara v. Wells Fargo & Company, et al., 3:21-cv-01245-LAB-DDL (Dkt. No. 148), the Court hereby ORDERS as follows:1. By not later than August 4, 2023, non-party John Sotoodeh shall file in the instant matter a copy of the Notice of Joinder to Defendants' Motion for Protective Order [originally filed in Case No. 3:21-cv-01245-LAB-DDL at Dkt. No. 144].2. By not later than August 24, 2023, Plaintiff shall file in the instant matter a response to Sotoodeh's Notice of Joinder to Defendants' Motion for Protective Order. The response shall not exceed three pages in length, excluding exhibits.3. A remote Discovery Hearing on Defendants' Motion for Protective Order in the instant matter (Dkt. No. #1 ) is set for August 31, 2023. Instructions for remote appearances will be provided in advance of the hearing.(Discovery Hearing set for 8/31/2023 02:00 PM before Magistrate Judge David D. Leshner.) (no document attached) (CC: matt.jacobs@us.dlapiper.com; jess.heim@us.dlapiper.com; oliver.kiefer@dlapiper.com) (kmc) |
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Filing 19
ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE, re #18 Notice of Related Case, #14 MOTION to File Documents Under Seal. Case reassigned to Judge Larry Alan Burns and Magistrate Judge David D. Leshner for all further proceedings. Judge M. James Lorenz, Magistrate Judge Jill L. Burkhardt no longer assigned to case. Create association to 3:21-cv-01245-LAB-DDL. The new case number is 23cv1259-LAB-DDL. Signed by Judge M. James Lorenz on 07/11/2023. Signed by Judge Larry Alan Burns on 07/11/2023. Motions set before David D. Leshner.(cxl1)
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| Filing 18 NOTICE OF RELATED CASE(S) of case(s) 21cv1245-LAB-DDL. (cxl1) |
| Filing 17 NOTICE OF RELATED CASE(S) by Thomas W McNamara of case(s) 3:21-CV-01245-LAB-DDL . (Rotter, Jonathan) (cxl1). |
| Filing 16 RESPONSE re #1 Complaint, filed by Thomas W McNamara. (Attachments: #1 Declaration of Jonathan M. Rotter, #2 Exhibit 1 - Subpoena, #3 Exhibit 2 - Complaint, #4 Exhibit 3 - Supplemental Responses, #5 Exhibit 4 - Order, #6 Exhibit 6 - Deferred Prosecution Agreement, #7 Exhibit 7 - Testa Deposition Transcript Excerpts, #8 Exhibit 8 - First Set Of Requests For Production, #9 Exhibit 9 - Sales Practices Investigation Report, #10 Exhibit 10 - Email)(Rotter, Jonathan) (cxl1). |
| Filing 15 SEALED LODGED Proposed Document re: #14 MOTION to File Documents Under Seal. Document to be filed by Clerk if Motion to Seal is granted. (With attachments)(Rotter, Jonathan) (cxl1). |
| Filing 14 MOTION to File Documents Under Seal (Rotter, Jonathan) (cxl1). |
| Filing 13 Judge M. James Lorenz and Magistrate Judge Jill L. Burkhardt assigned to transfer case from Cental District of California. (no document attached) (jpp) |
| Filing 12 Case transferred in from the Central District of California; Case Number 2:23-mc-00089-JFW-E. Original file received electronically. |
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Filing 11
ORDER GRANTING JOINT STIPULATION FOR AN ORDER TRANSFERRING WELLS FARGO'S MOTION FOR PROTECTIVE ORDER TO THE SOUTHERN DISTRICT OF CALIFORNIA #10 by Magistrate Judge Charles F. Eick transferring case to Southern District of California. Case transferred electronically. (MD JS-6. Case Terminated.) (et) [Transferred from California Central on 7/7/2023.]
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| Filing 10 Joint STIPULATION for Order to Transfer Motion for Protective Order to the Southern District of California filed by Plaintiff Thomas W. McNamara. (Attachments: #1 Proposed Order)(Rotter, Jonathan) [Transferred from California Central on 7/7/2023.] |
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Filing 9
MINUTE ORDER IN CHAMBERS by Magistrate Judge Charles F. Eick re MISC - Motion Related to Subpoena from Another District. #1 On June 20, 2023, Wells Fargo & Company and Wells Fargo Bank N.A. ("Wells Fargo") filed Defendants' Motion for a Protective Order, etc. ("the Motion"). On June 23, 2023, the District Judge referred the Motion to the Magistrate Judge. (See document for details) (vmun) [Transferred from California Central on 7/7/2023.]
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Filing 8
TEXT ENTRY ORDER by Judge John F. Walter re: MISC - Motion Related to Subpoena from Another District, #1 . The Court hereby refers this matter to Magistrate Judge Eick. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY [Transferred from California Central on 7/7/2023.]
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| Filing 7 Notice of Appearance or Withdrawal of Counsel: for attorney Melissa C. Wright counsel for Plaintiff Thomas W. McNamara. Adding Melissa Wright as counsel of record for Plaintiff Thomas W. McNamara for the reason indicated in the G-123 Notice. Filed by Plaintiff Thomas W. McNamara. (Attorney Melissa C. Wright added to party Thomas W. McNamara(pty:pla))(Wright, Melissa) [Transferred from California Central on 7/7/2023.] |
| Filing 6 Notice of Appearance or Withdrawal of Counsel: for attorney Garth A. Spencer counsel for Plaintiff Thomas W. McNamara. Adding Garth Spencer as counsel of record for Plaintiff Thomas W. McNamara and Apex Capital Group, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Thomas W. McNamara and Apex Capital Group, LLC. (Attorney Garth A. Spencer added to party Thomas W. McNamara(pty:pla))(Spencer, Garth) [Transferred from California Central on 7/7/2023.] |
| Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Jonathan M Rotter counsel for Plaintiff Thomas W. McNamara. Adding Jonathan M. Rotter as counsel of record for Plaintiff Thomas W. McNamara and Apex Capital Group, LLC for the reason indicated in the G-123 Notice. Filed by Plaintiff Thomas W. McNamara and Apex Capital Group, LLC. (Attorney Jonathan M Rotter added to party Thomas W. McNamara(pty:pla))(Rotter, Jonathan) [Transferred from California Central on 7/7/2023.] |
| Filing 4 Certification and Notice of Interested Parties filed by Defendant Wells Fargo Bank, N.A., Wells Fargo and Company, (Baiardo, Alicia) [Transferred from California Central on 7/7/2023.] |
| Filing 3 NOTICE OF DEFICIENCIES in Attorney Case Opening. The following error(s) was found: No Notice of Interested Parties has been filed. A Notice of Interested Parties must be filed with every partys first appearance. See Local Rule 7.1-1. Counsel must file a Notice of Interested Parties immediately. Failure to do so may be addressed by judicial action, including sanctions. See Local Rule 83-7. (lh) [Transferred from California Central on 7/7/2023.] |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Charles F. Eick. (lh) [Transferred from California Central on 7/7/2023.] |
| Filing 1 MOTION RELATED TO A SUBPOENA FROM ANOTHER DISTRICT Receipt No: ACACDC-35524432 - Fee: $49, filed by Defendant Wells Fargo & Company, Wells Fargo Bank, N.A.. (Attachments: #1 Declaration of Molly White and Exhibits A-L, #2 Proposed Order) (Attorney Alicia A Baiardo added to party Wells Fargo & Company(pty:dft), Attorney Alicia A Baiardo added to party Wells Fargo Bank, N.A.(pty:dft))(Baiardo, Alicia) [Transferred from California Central on 7/7/2023.] |
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