Bank of America, N.A. v. Schultz
| Bank of America, N.A. |
| Devri Lynne Schultz |
| Renee M. Furuta-Barnum, Jason Oliver, Nelson and Kennard, Judge Blaine Kobayashi and State of Hawaii |
| 1:2022cv00342 |
| July 28, 2022 |
| US District Court for the District of Hawaii |
| SUSAN OKI MOLLWAY |
| ROM TRADER |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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| Filing 14 FINDINGS AND RECOMMENDATIONS TO GRANT PLAINTIFF'S MOTION TO REMAND ACTION REMOVED FROM THE DISTRICT COURT OF THE SECOND CIRCUIT, WAILUKU DIVISION, STATE OF HAWAII re #7 - Signed by MAGISTRATE JUDGE ROM TRADER on 9/20/2022. Based on the foregoing, the Court FINDS that the removal of this action is untimely and the court lacks jurisdiction. The Court thus RECOMMENDS that Plaintiff's request for an order of remand be GRANTED.COURT'S CERTIFICATE OF SERVICE - Devri Lynne Schultz shall be served by First Class Mail on 9/21/2022 to the address of record listed on the Notice of Electronic Filing (NEF). Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the (NEF). (jni) |
| Filing 13 NOTICE of Case Reassignment: Please reflect Civil Case Number CV 22-00342 SOM-RT on all further pleadings. (jo)COURT'S CERTIFICATE OF SERVICE - Devri Lynne Schultz will be served by First Class Mail on August 31, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). |
| Filing 12 EO: The Clerk's Office is directed to assign this case to a District Judge. Magistrate Judge Trader to remain as the assigned Magistrate Judge.(MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| ADVISORY ENTRY-Incomplete Filing- Please be advised that the Proposed Summonses submitted with ECF No. #10 [THIRD PARTY] COMPLAINT For Damages For Violations of the Fair-Debt-Collection-Practices-Act, 15 U.S.C. 1692, Violation of the Administrative Procedures Act of 1946, Obstruction of the Administration of Justice, Deprivation of Rights Under Color of Law, 42 U.S.C. 1983, and Breach of Contract against Renee M. Furuta-Barnum, Jason Oliver, Nelson and Kennard, Blaine Kobayashi, State of Hawaii (filed by Devri Lynne Schultz) cannot be issued. The filing party shall submit form HID 441 (found on our website: www.hid.uscourts.gov) for issuance by the Clerk's Office. (jo) |
| Filing 11 Plaintiff's RESPONSE in Opposition to Jason Oliver's Motion to Remand Action Removed from the District Court of the Second Circuit, Wailuku Division, State of Hawaii re: #7 - filed by Devri Lynne Schultz (Attachments: #1 Mailing Envelope) (jo) |
| Filing 10 [THIRD PARTY] COMPLAINT For Damages For Violations of the Fair-Debt-Collection-Practices-Act, 15 U.S.C. 1692, Violation of the Administrative Procedures Act of 1946, Obstruction of the Administration of Justice, Deprivation of Rights Under Color of Law, 42 U.S.C. 1983, and Breach of Contract against Renee M. Furuta-Barnum, Jason Oliver, Nelson and Kennard, Blaine Kobayashi, State of Hawaii - filed by Devri Lynne Schultz (Attachments: #1 (Proposed) Summonses, #2 Mailing Envelope) (jo) |
| Filing 9 Consent Election Form |
| Filing 8 Corporate Disclosure Statement by Bank of America, N.A.. (Oliver, Jason) |
| Filing 7 MOTION to Remand Jason M. Oliver appearing for Plaintiff Bank of America, N.A. (Attachments: #1 Memorandum Memorandum in Support, #2 Declaration Declaration of Counsel, #3 Certificate of Service, #4 Exhibit Exhibit 1, #5 Exhibit Exhibit 2)(Oliver, Jason) |
| Filing 6 Due to a conflict in the Court's schedule, the Telephonic Rule 16 Scheduling Conference set for 9/26/2022 at 09:00AM before MAGISTRATE JUDGE ROM TRADER is CONTINUED to 11/8/2022 at 09:30AM. Scheduling conference statements must be filed by 11/1/2022. Parties and other participants must call-in at least five (5) minutes prior to the scheduled start time of the conference. Call-in instructions are below:Dial in number: 1-833-568-8864 (toll-free).Meeting ID: 161 5641 6035. (MAGISTRATE JUDGE ROM TRADER)(laa)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| Filing 5 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE YOU MUST COMPLETE AND FILE THE ATTACHED ELECTION FORM Each party must indicate consent or decline to consent by completing the attached Election Form and returning it to the Clerk's Office no later than twenty-one 21 days after entry of appearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. FILING INSTRUCTIONS: After completing the form, ALL registered CM/ECF participants are now required to e-file this document. Use the event Consent Election Form , found under Civil Events; Other Filings; Consent Election Form. All other parties MUST file the form by mail, or in person, at the Clerks Office: U.S. District Court, 300 Ala Moana Blvd Room C-338 Honolulu, HI 96850, Attention: Consent Clerk. The form can be found on the court's website http://www.hid.uscourts.gov ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (jo) COURT'S CERTIFICATE OF SERVICE - Devri Lynne Schultz will be served by First Class Mail on July 29, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the (NEF). |
| Filing 4 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure (Attachments: #1 AO 398 Notice of Lawsuit and Request to Waive Service of Summons, #2 AO 399 Waiver of Service of Summons) (jo) |
Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference for 09:00 AM on 9/26/2022 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 7/28/2022. (Attachments: #1 Memo from Clerk Re: Corporate Disclosures) (jo)COURT'S CERTIFICATE OF SERVICE - Devri Lynne Schultz will be served by First Class Mail on July 29, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). Participants registered to receive electronic notifications received this document electronically at the e-mail address listed on the (NEF).
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| Filing 2 Filing fee received: $402.00; receipt number HI033114 re #1 Notice of Removal (jo) Update: check was returned by bank because of missing MICR line. New check in the amount of $402.00 receipted on 8/16/2022, receipt number HI033258. Modified on 9/15/2022 (jni) |
| Filing 1 NOTICE OF REMOVAL to United States District Court from District Court of the Second Circuit, Wailuku Division, State of Hawaii, Case Number: 2DRC-21-0000820 - filed by Devri Lynne Schultz (Attachments: #1 Mailing Envelope) (jo) |
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