St. James v. JP Morgan Chase Bank Corporation et al
||Samuel St. James
||JP Morgan Chase Bank Corporation, Washington Mutual Bank, FSB, Washington Mutual Holding Inc., California Reconveyance Company, Alaw, U.S. Bank N.A., Wells Fargo Bank, N.A., Deborah Brignac and Does 1 through 100
||September 26, 2016
||US District Court for the District of Hawaii
||KEVIN S.C. CHANG
||LESLIE E. KOBAYASHI
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|October 31, 2018
ORDER Denying Motion To Dimiss [DKT. NO. 58] Plaintiff Samuel St. James's Second Amended Complaint.On the basis of the foregoing, JPMorgan, Wells Fargo, CRC, and U.S. Banks Motion to Dismiss [Dkt. No. 58] Plaintiff Samuel St. James 039;s Second Amended Complaint, filed May 25, 2018, is HEREBY DENIED. The Moving Defendants are ORDERED to file their answer to Plaintiff's Second Amended Complaint byNovember 21, 2018. If the Moving Defendants file a motion for reconsideration of the instant Order, it will not affect their deadline to file their answer. If necessary in light of any rulings on a motion for reconsideration, this Court will allow the Moving Defendants to file an amended answer to the Second Amended Complaint. The Clerk's Office is DIRECTED to terminate Defendants Washington Mutual Bank, FSB, Washington Mutual Holding Inc., and Wells Fargo Bank, N.A. because they are not named as parties in the Second Amended Complaint. Signed by JUDGE LESLIE E. KOBAYASHI on 10/31/2018. (cib, )
|September 29, 2017
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS JP MORGAN CHASE BANK, N.A.; WELLS FARGO BANK, N.A.; CALIFORNIA RECONVEYANCE COMPANY; AND U.S. BANK NATIONAL ASSOCIATION'S "MOTION TO DISMISS 10 FIRST AMENDED COMPLAINT"; AND GRANT ING DEFENDANT DEBORAH BRIGNAC'S "MOTION TO DISMISS [ECF NO. 10] FIRST AMENDED COMPLAINT FILED OCTOBER 24, 2016" re 14 Motion to Dismiss; re 32 Motion to Dismiss. Signed by JUDGE LESLIE E. KOBAYASHI on 09/29/2017. The First Amended Complaint is dismissed in its entirety, for lack of subject matter jurisdiction. Plaintiff is granted permission to file a motion seeking leave to file a second amended complaint. Plaintiff must attach his proposed second amended complaint to the Motion for Leave. This Court ORDERS Plaintiff to file his Motion for Leave by November 13, 2017. The Motion for Leave will be referred to the magistrate judge. Plaintiff is CAUTIONED that, if he fail s to file his Motion for Leave by November 13, 2017, the claims that this Court dismissed without prejudice in this Order will be dismissed with prejudice. The Brignac Motion is GRANTED insofar as Plaintiff's claims against Brignac in Counts I and VII are DISMISSED WITH PREJUDICE. There being no remaining claims against her in this case, this Court DIRECTS the Clerk's Office to terminate Brignac as a defendant on October 20, 2017, unless Plaintiff files a motion for reconsideration of this Order by October 16, 2017. (eps, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications served by first class mail on the date of this docket entry
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