Bank of New York Mellon v. Schwartz et al
| Bank of New York Mellon |
| Mark A. Schwartz, Yajia Hu Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust and Wendy R. Schwartz |
| 1:2023cv03417 |
| December 23, 2023 |
| US District Court for the District of Colorado |
| Charlotte N Sweeney |
| Real Property: Foreclosure |
| 28 U.S.C. § 1332 Diversity - Real Property |
| None |
Docket Report
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This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.
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| Filing 15 CERTIFICATE of Mailing re #13 Order to Remand, mailed to Eagle County Justice Center 885 Chambers Ave, P.O. Box 597, Eagle, CO 81631. (sphil, ) |
| Filing 14 Mail Returned as Undeliverable re: #13 Order,, Terminate Motions, Addressed to District Court of Eagle County. (sphil, ) |
Filing 13
ORDER TO REMAND by Judge Charlotte N. Sweeney on 1/18/2024. ORDERED this case is REMANDED to the District Court of Eagle County, Colorado, where it was originally filed as Case No. 2023-CV-30166. Defendants' Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 8), as well as their Motion to Vacate Order Authorizing Public Trustees Sale and Request for a Hearing (ECF No. 9), are DENIED AS MOOT. (sphil, )
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| Filing 12 NOTICE OF FILING OF REQUESTS FOR ADMISSION TO PETITIONER, BANK OF NEW YORK MELLON PER FED. R. CIV P. 33, 34, & 36 by Respondents Mark A. Schwartz, Wendy R. Schwartz, Yajia Hu Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust (Schwartz, Mark) |
| Filing 11 CASE REASSIGNED pursuant to #10 Minute Order. This case is randomly reassigned to Judge Charlotte N. Sweeney and drawn to Magistrate Judge Michael E. Hegarty for all further proceedings. All future pleadings should be designated as 23-cv-03417-CNS. (Text Only Entry) (jtorr, ) |
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Filing 10
MINUTE ORDER: Respondents have filed an Emergency Motion for a Temporary Restraining Order and Preliminary Injunction. ECF #8 . However, I may only enter an Order on the pending Motion if the Parties unanimously consent to the jurisdiction of a magistrate judge. D.C.COLO.LCivR 72.2; 28 U.S.C. 636(c). Because the Parties have not yet indicated whether they consent to such jurisdiction, I am unable to proceed. Accordingly, I direct the Clerk of the Court to reassign this case. This Court may continue on the case to hear matters referred by the district judge under 28 U.S.C. 636(b), Fed. R. Civ. P. 72, and D.C.Colo.LCivR 72.1(c). Entered by Magistrate Judge Michael E. Hegarty on 1/9/2024. (jtorr, )
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| Filing 9 MOTION to Vacate Order Authorizing Sale (Exhibit I), MOTION for Hearing/Conference by Respondents Mark A. Schwartz, Wendy R. Schwartz, Yajia Hu Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Schwartz, Mark) |
| Filing 8 Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Respondents Mark A. Schwartz, Wendy R. Schwartz, Yajia Hu Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Schwartz, Mark) |
| Filing 7 NOTICE of Entry of Appearance by Mark Alan Schwartz on behalf of Mark A. Schwartz, Wendy R. Schwartz, Yajia Hu Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust (Schwartz, Mark) |
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Filing 6
MINUTE ORDER by Magistrate Judge Michael E. Hegarty on 1/9/2024. Magistrate Judge Consent Form due 2/1/2024. Proposed Scheduling Order due 2/1/2024. Scheduling Conference set for 2/8/2024 at 10:45 a.m. in Courtroom A 501 before Magistrate Judge Michael E. Hegarty. (jtorr, )
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| Filing 5 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (blaws) |
| Filing 4 Case assigned to Magistrate Judge Michael E. Hegarty. Text Only Entry. (blaws) |
| Filing 3 Administrative Notice: Notice to filer of non-compliance with Notice of Removal case opening procedures. It is the responsibility of the attorney or pro se party removing the case to follow Local Rule D.C.COLO.LCivR 81.1, and 28 U.S.C. 1446(a): Each of the state court documents shall be individual PDFs and the state court record is not complete. See Appendix B Notice of Removal, in the User Guide - Attorney Case Opening Procedures document. (Text Only Entry) (blaws) |
| Filing 2 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (blaws) |
| Filing 1 NOTICE OF REMOVAL by Wendy R. Schwartz, Mark A. Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust, Yajia Hu Schwartz from Eagle County Colorado District Court, Case Number 2023CV030166. (Filing fee $ 405, Receipt Number ACODC-9457805), filed by Wendy R. Schwartz, Mark A. Schwartz, Yajia Hu Schwartz, as Trustee for the Yajia Hu Schwartz Revocable Trust, Yajia Hu Schwartz. (Attachments: #1 Exhibit, #2 Exhibit)(Schwartz, Mark) |
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