Greene et al v. Bank of America, N.A.
| Timothy L. Greene and Karen L. Greene |
| Bank of America, N.A. and Doe Defendants 1-50 |
| 1:2021cv00093 |
| February 16, 2021 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| JILL A OTAKE |
| Real Property: Other |
| 28 U.S.C. § 1444 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 16, 2021. A more recent docket listing may be available from PACER.
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| Filing 14 Transmittal Letter to the Circuit Court of the Third Circuit, State of Hawaii re ECF No. #13 STIPULATION TO REMAND CASE BACK TO THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAII AND ORDER, dated April 16, 2021. (emt, ) |
| COURT'S CERTIFICATE of Service - a certified copy of #13 STIPULATION TO REMAND CASE BACK TO THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAII AND ORDER and Docket have been served by First Class Mail to the Circuit Court of the Third Circuit, State of Hawaii on April 16, 2021. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (emt, ) |
Filing 13
STIPULATION TO REMAND CASE BACK TO THE CIRCUIT COURT OF THE THIRD CIRCUIT, STATE OF HAWAII AND ORDER re #7 - Signed by JUDGE JILL A. OTAKE.(emt, )
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| Filing 12 NOTICE of Withdrawal of Prematurely Filed by Bank of America, N.A. re #11 Stipulation to Remand Case Back to the Circuit Court of the Third Circuit, State of Hawaii and Order Bank of America, N.A.. (McHenry, Patricia) Modified on 4/15/2021 (emt, ). |
| Filing 11 STIPULATION to Remand Case Back to the Circuit Court of the Third Circuit, State of Hawaii and [Proposed] Order by Bank of America, N.A.. (McHenry, Patricia) |
| Filing 10 EO: Defendant is directed to submit a response by 4/16/21, not to exceed three (3) pages, explaining why the Court should not remand for the same reasons articulated in its Order Granting Plaintiff's Motion for Order of Remand in Daligcon v. Bank of America, N.A., Civil No. 21-00020 JAO-RT. The Court recognizes that this case involves a different procedural history than Daligcon, but notes that the state court's severance order directed that the post-severance complaints would relate back to the original complaint and waived filing fees for the post-severance cases. As such, Daligcon's reasoning is applicable. The Court holds in abeyance the current briefing schedule pending Defendant's response. (JUDGE JILL A. OTAKE)(otake1) |
| Filing 9 EO: On 3/18/2021, Plaintiffs filed the #7 Motion for Order of Remand. Opposition is due on 4/23/2021. Reply is due 5/7/2021. Once the briefing is filed, the Court will determine whether a hearing is necessary.(JUDGE JILL A. OTAKE)(shm) |
| Filing 8 EO: In light of the #7 Motion to Remand, the Rule 16 Scheduling Conference previously set for 03/22/2021 IS CONTINUED TO 05/10/2021 at 9:00 a.m. before MAGISTRATE JUDGE KENNETH J. MANSFIELD via telephone.In accordance with the United States District Court for the District of Hawaii's latest Temporary General Order Regarding District of Hawaii Response to COVID-19 Emergency and the Order Authorizing the Use of Telephonic and Video Hearings, due to the ongoing COVID-19 pandemic and public health emergency, including the anticipated long term need to maintain certain social distancing and other measures intended to protect the public, court employees, and counsel from being exposed to the COVID-19 virus, while at the same time regulating civil matters in a manner consistent with equity and fairness, the hearing will be held telephonically. Parties are to participate via telephone through our AT&T Service. Call-in information for this conference is below. Parties must connect to the conference at least five (5) minutes prior to the scheduled start time of the hearing.Dial in number is 1-877-848-7030Access Code is 2123668 (MAGISTRATE JUDGE KENNETH J. MANSFIELD)(bbb) |
| Filing 7 MOTION for Order of Remand James J. Bickerton appearing for Plaintiffs Karen L. Greene, Timothy L. Greene (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of James J. Bickerton, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Certificate of Compliance, #9 Certificate of Service)(Bickerton, James) Modified on 3/19/2021 (emt, ). |
| Filing 6 Defendant Bank of America, N.A.'s Scheduling Conference Statement . (McHenry, Patricia) Modified on 3/16/2021 (emt, ). |
| Filing 5 ANSWER to Complaint by Bank of America, N.A..(McHenry, Patricia) |
| Filing 4 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake on the court's website. (JUDGE JILL A. OTAKE)(shm) |
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Filing 3
Order Setting Rule 16 Scheduling Conference is set for 09:30AM on 3/22/2021 before MAGISTRATE JUDGE KENNETH J. MANSFIELD - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 2/16/2021. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) 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 2 NOTICE of Case Assignment: Please reflect Civil case number CV 21-00093 JAO-KJM on all further pleadings. (emt, ) |
| Filing 1 NOTICE OF REMOVAL; Exhibits A to C by Bank of America, N.A. from Circuit Court of the Third Circuit, State of Hawaii, case number 3CCV-20-0000444. ( Filing fee $ 402 receipt number 0975-2485524), filed by Bank of America, N.A.. (Attachments: #1 Civil Cover Sheet, #2 Corporate Disclosure, #3 Notice of Related Case, #4 Certificate of Service)(McHenry, Patricia) Modified on 2/16/2021 to add corporate parents/other affiliates referenced in the Corporate Disclosure Statement (emt, ). |
| ADVISORY ENTRY. Exhibits Not Attached as Separate PDFS - Please be advised that the exhibits included in Document #1 Notice of Removal filed by Bank of America, N.A. are comprised of several exhibits and not submitted as separate pdf attachments. See Section 5.0 Exhibits, of the CM/ECF Procedures Guide, for additional instructions on how to file exhibits as separate attachments to the main document. Additionally, please be advised that the Notice of Related Case and Corporate Disclosure Statement, attached to the Notice of Removal should have been filed as separate docket entries. For future e-filing information only, please use docketing event "Notice (Other)", ("Notice" category), for the filing of the Notice of Related Case and "Corporate Disclosure Statement", ("Other Documents") category. (emt, ) |
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