McCullough v. Bank of America Bank, N.A.
| Derrol E. Estrella, Larry W. McCullough and Juanita F. Estrella |
| Doe Defendants 1-50, Quicken Loans, Inc., Damion C. Clark, Gentry L. Clark, Mortgage Electronic Registration Systems Inc., American Savings Bank, F.S.B., James Sor, Bank of America Bank, N.A. and Bank of America, N.A. |
| 1:2019cv00350 |
| July 3, 2019 |
| US District Court for the District of Hawaii |
| WES REBER PORTER |
| J MICHAEL SEABRIGHT |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 27 EP: EARLY GLOBAL SETTLEMENT held. The Court met with the parties. Settlement discussions held.No settlement reached at this time.Parties may contact Magistrate Judge Kenneth J. Mansfield's courtroom Manager, Bernie Aurio at (808) 541-1298, if they so wish further assistance in settlement with the Court. (KJM Chambers 9:00 - 10:45.) (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
Filing 26
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ELIZABETH M.Z. TIMMERMANS re: #23 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/15/2019. ELIZABETH M.Z. TIMMERMANS, ESQ. (Law Firm: McGuireWoods LLP) added as attorney Pro Hac Vice for Defendants BANK OF AMERICA, N.A. and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (jo)
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Filing 25
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO ROBERT A. MUCKENFUSS re: #22 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/15/2019. ROBERT A. MUCKENFUSS, ESQ. (Law Firm: McGuireWoods LLP) added as attorney Pro Hac Vice for Defendants BANK OF AMERICA, N.A. and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. (jo)
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| Filing 24 EO: This order is issued in the following four cases:Kumuhone v. Bank of America, Civ. No. 19-00348 JMS-KJM Benge v. Bank of America, Civ. No. 19-00349 JMS-KJM McCullough v. Bank of America, Civ. No. 19-00350 JMS-WRP Mattison v. Bank of America, Civ. No. 19-00354 JMS-WRPAt request of Defendants Bank of America and MERS, the hearing on the motions to remand is continued from October 28, 2019 to November 4, 2019 at 10:00 a.m. Oppositions must be filed by October 7, 2019. Optional Replies must be filed by October 21, 2019.Although the cases are not consolidated, Defendants Bank of America and MERS and Plaintiffs may file identical joint Opposition and Reply Memoranda. The court allows each side an additional five pages (or equivalent word count) if necessary to allow the parties to address any issues that are unique to a particular case. Joint memoranda will be filed in each case, and should have a common caption reflecting the four cases. The court only requires one set of two courtesy copies.Any other Defendant not named in all four cases need only file a response in their particular case. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 23 MOTION for Pro Hac Vice Elizabeth M.Z. Timmermans Filing fee $ 300, receipt number 0975-2246560.Patricia J. McHenry appearing for Defendants Bank of America, N.A., Mortgage Electronic Registration Systems Inc. (Attachments: #1 Declaration of Elizabeth M.Z. Timmermans, #2 Exhibit A)(McHenry, Patricia) |
| Filing 22 MOTION for Pro Hac Vice Robert A. Muckenfuss Filing fee $ 300, receipt number 0975-2246557.Patricia J. McHenry appearing for Defendants Bank of America, N.A., Mortgage Electronic Registration Systems Inc. (Attachments: #1 Declaration of Robert A. Muckenfuss, #2 Exhibit A)(McHenry, Patricia) |
| Filing 21 RESPONSE Letter to Chief Judge J. Michael Seabright from Patricia J. McHenry, Esq. filed by Bank of America, N.A., Mortgage Electronic Registration Systems Inc.. (McHenry, Patricia) |
| Filing 20 Errata re #19 Notice (Other), Defendant Bank of America, N.A.s Notice of Removal Directed at First Amended Complaint, Filed August 8, 2019. (Attachments: #1 Exhibit H, #2 Certificate of Service)(McHenry, Patricia) |
| Filing 19 NOTICE by Bank of America, N.A. of Removal Directed at First Amended Complaint Bank of America, N.A.. (Attachments: #1 Declaration of Patricia J. McHenry, #2 Exhibit 1, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Certificate of Service)(McHenry, Patricia) |
| Filing 18 At parties request, an Early Global Settlement Conference is set for 08/21/2019 at 9:00 a.m. in Chambers of Magistrate Judge Kenneth J. Mansfield before MAGISTRATE JUDGE KENNETH J. MANSFIELD. Settlement Conference Statements are due by 08/14/2019 and shall be emailed to mansfield_orders@hid.uscourts.govRelated cases: Akana, Case No. 19-342 JAO-WRP;Apilado, Case No. 19-285 JAO-KJM; Benge, Case No. 19-349 JMS-KJM;Boyd, Case No. 19-353 LEK-KJM;Camat, Case No. 19-340 JAO-WRP;Ege, Case No. 19-351 LEK-KJM;Kumuhone, Case No. 19-348 JMS-KJM;Llanes, Case No. 19-356 DKW-WRP;Mattison, Case No. 19-354 JMS-WRP;McCullough, Case No. 19-350 JMS-WRP;DeGamo, Case No. 13-141 JAO-KJM. (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 17 EO: In light of the pending motion for remand, the Rule 16 Scheduling Conference is CONTINUED from 8/19/2019 to 11/12/2019 at 9:30AM in the Chambers of MAGISTRATE JUDGE WES REBER PORTER. (MAGISTRATE JUDGE WES REBER PORTER) (agh) |
| Filing 16 Letter to Chief Judge J. Michael Seabright, dated August 6, 2019, from Attorney James J. Bickerton in response to ECF #15 (jo) |
| Filing 15 EO: The court will hear the Motions to Remand on October 28, 2019 at 10:00 a.m. Oppositions must be filed by September 30, 2019. Optional Replies must be filed by October 15, 2019.Counsel for Plaintiffs and Defendants Bank of America and MERS must notify the court by August 12, 2019 whether they agree with or object to the proposed procedures for joint briefing set forth in the attached minute order. Letters emailed to seabright_orders@hid.uscourt.gov are sufficient.Motion Hearing is set for 10/28/2019 10:00 AM in Aha Kaulike before CHIEF JUDGE J. MICHAEL SEABRIGHT. (CHIEF JUDGE J. MICHAEL SEABRIGHT)(rlfh) |
| Filing 14 MOTION to Remand James J. Bickerton appearing for Plaintiffs Juanita F. Estrella, Derrol E. Estrella, Larry W. McCullough (Attachments: #1 Memorandum, #2 Declaration of James J. Bickerton, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Certificate of Compliance, #11 Certificate of Service)(Bickerton, James) |
| Filing 13 NOTICE of Appearance by Madisson Leigh Heinze on behalf of Mortgage Electronic Registration Systems Inc. on behalf of Mortgage Electronic Registration Systems Inc.. (Heinze, Madisson) |
| Filing 12 NOTICE of Appearance by James Blaine Rogers, III on behalf of Mortgage Electronic Registration Systems Inc. on behalf of Mortgage Electronic Registration Systems Inc.. (Rogers, James) |
| Filing 11 SUMMONS Returned Executed by Juanita F. Estrella, Derrol E. Estrella, Larry W. McCullough. Bank of America, N.A.. (Bickerton, James) |
| Filing 10 Summons Issued as to Bank of America, N.A. (Re: First Amended Complaint)(jo) |
| Filing 9 Summons (Proposed) (Bickerton, James) |
| Filing 8 Summons Issued as to Bank of America, N.A. (jo) |
| Filing 7 Summons (Proposed) (Bickerton, James) |
| Filing 6 EO: The Rule 16 Scheduling Conference set for 08/05/2019 is CONTINUED to 8/19/2019 at 09:30AM in Chambers of MAGISTRATE JUDGE WES REBER PORTER before MAGISTRATE JUDGE WES REBER PORTER. Counsel for Plaintiffs shall notify Defendants of the Rule 16 Scheduling Conference set by the Court. (MAGISTRATE JUDGE WES REBER PORTER)(mrf) |
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Filing 5
Order Setting Rule 16 Scheduling Conference is set for 09:00AM on 8/5/2019 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/3/2019. (Attachments: #1 Memo from Clerk Re: Corporate Disclosure Statements) ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER AND MEMO RE: CORPORATE DISCLOSURES MUST BE SERVED WITH THE DOCUMENT. (emt, )
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| Filing 4 NOTICE of Case Assignment: Please reflect Civil case number CV 19-00350 JMS-WRP on all further pleadings. (emt, ) |
| Filing 3 Corporate Disclosure Statement by Bank of America Bank, N.A.. (McHenry, Patricia) |
| Filing 2 NOTICE by Bank of America Bank, N.A. of Related Case Bank of America Bank, N.A.. (McHenry, Patricia) |
| Filing 1 NOTICE OF REMOVAL by Bank of America Bank, N.A. from Third Circuit Court, case number 19-1-0105K. ( Filing fee $ 400 receipt number 0975-2227168), filed by Bank of America Bank, N.A.. (Attachments: #1 Declaration Patricia J. McHenry, #2 Exhibit 1, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Certificate of Service, #8 Civil Cover Sheet)(McHenry, Patricia) |
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