Park v. Bank of America, N.A.
| Ji-Hye Park |
| Bank of America, N.A. |
| 1:2022cv00382 |
| August 18, 2022 |
| US District Court for the District of Hawaii |
| JILL A OTAKE |
| WES REBER PORTER |
| Truth in Lending |
| 15 U.S.C. § 1640 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 STIPULATION OF DISMISSAL WITH PREJUDICE by Bank of America, N.A. - Signed by JUDGE JILL A. OTAKE. (jni) |
| Filing 32 EO: Based on the #30 Notice of Settlement, #15 Defendant Bank of America, N.A.'s Motion to Dismiss or Strike Class Allegations is TERMINATED as moot. (JUDGE JILL A. OTAKE)(shm) |
| Filing 31 EO: Based on the Notice of Settlement, ECF No. #30 , the Court VACATES the Telephonic Rule 16 Scheduling Conference set for 2/27/2023. The parties shall submit the appropriate dismissal documents to otake_orders@hid.uscourts.gov no later than 2/17/2023. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 30 NOTICE by Ji-Hye Park (Notice of Settlement) Ji-Hye Park. (Attachments: #1 Certificate of Service)(Guzzo, Andrew) |
| Filing 29 EP: Hearing on #15 Defendant Bank of America, N.A.'s Motion to Dismiss or Strike Class Allegations was conducted by telephone conference. Oral arguments heard. #15 Defendant Bank of America, N.A.'s Motion to Dismiss or Strike Class Allegations - TAKEN UNDER ADVISEMENT.Court to issue a written order.. (Reporter-Debra Read) (JUDGE JILL A. OTAKE)(shm) |
| Filing 28 Letter addressed to Judge Otake from Sabrina Rose-Smith, Esq. and Patricia J. McHenry, Esq., dated January 4, 2023, re: corrected memorandum and corrected reply. (jni) |
| Filing 27 Corrected REPLY re #15 MOTION to Dismiss for failure to State a Claim ; Certificate of Service filed by Bank of America, N.A.. (McHenry, Patricia) Modified on 1/4/2023 (jni) |
| Filing 26 Corrected MEMORANDUM in Support of Motion filed by Bank of America, N.A.. (McHenry, Patricia) Modified on 1/4/2023 (jni) |
| Filing 25 REPLY re #15 MOTION to Dismiss for failure to State a Claim filed by Bank of America, N.A.. (McHenry, Patricia) |
| Filing 24 MEMORANDUM in Opposition re #15 MOTION to Dismiss for failure to State a Claim filed by Ji-Hye Park. (Guzzo, Andrew) |
| Filing 23 EO: Based on the continued hearing date for Defendant's Motion to Dismiss, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 12/19/2022 to 2/27/2023 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 22 EO: At defense counsel's request, see ECF No. 21, the Court CONTINUES the hearing on #15 Defendant Bank of America, N.A.'s Motion to Dismiss or Strike Class Allegations from 12/30/22 to 9:00 AM on 1/6/23 before JUDGE JILL A. OTAKE. The briefing schedule previously set remains in effect. See ECF No. 19. The hearing will be conducted by video teleconference (VTC).The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (JUDGE JILL A. OTAKE)(shm) |
| Filing 21 Letter addressed to Judge Otake from Sabrina Rose-Smith, Esq. and Patricia J. McHenry, Esq., dated November 10, 2022, re: request to continue hearing on motion to dismiss. (jni) |
| Filing 20 INITIAL DISCLOSURE by Bank of America, N.A.. (McHenry, Patricia) |
| Filing 19 NOTICE OF HEARING MOTION: #15 Defendant Bank of America, N.A.'s Motion to Dismiss or Strike Class Allegations is SET for hearing before JUDGE JILL A. OTAKE at 9:00 AM on 12/30/22. Opposition is due 11/18/22, Reply is due 12/2/22. The hearing will be conducted by video teleconference (VTC). The courtroom manager will provide the participants with instructions and information to connect by video prior to the scheduled VTC. Participants must connect to the VTC at least ten (10) minutes prior to the scheduled start time of the hearing. All participants shall mute their lines until directed to speak by the Court. All attorneys participating in the hearing are directed to refrain from using speaker phones. The public may attend this conference (audio only) with the information provided below:1. Dial 1-650-479-3207.2. Enter your Access Code (1607265019) Requests for video access to VTC hearings by anyone who is not a party or attorney for a party must be emailed to otake_orders@hid.uscourts.gov, no later than 24 hours before the hearing. Any request received after this deadline will be automatically denied. Those granted access: (1) must timely log on and mute audio and video and during the proceeding; and (2) are prohibited from: (a) engaging in disruptive behavior, (b) sharing the login information with anyone, and (c) recording the hearing in any fashion. Failure to abide by these rules may result in expulsion from the hearing and/or the imposition of sanctions. (shm) |
Filing 18
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE as to Sabrina Rose-Smith, Esq. re #13 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 10/11/2022.Attorney Sabrina Rose-Smith added Pro Hac Vice for Defendant Bank of America, N.A. (jni)
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| Filing 17 EO: Based on Defendant's #15 Motion to Dismiss, the Court CONTINUES the Telephonic Rule 16 Scheduling Conference from 10/17/2022 to 12/19/2022 at 9:30 AM before MAGISTRATE JUDGE WES REBER PORTER via Zoom: Dial in number: 1-833-568-8864; Meeting ID: 161 0084 2470. The public may listen to the proceedings by dialing the Public Dial-in number at 1-650-479-3207 and entering Access code: 1601263445. (MAGISTRATE JUDGE WES REBER PORTER) (jo) |
| Filing 16 Scheduling Conference Statement by Ji-Hye Park. (Attachments: #1 Certificate of Service)(Guzzo, Andrew) |
| Filing 15 MOTION to Dismiss for failure to State a Claim Patricia J. McHenry appearing for Defendant Bank of America, N.A. (Attachments: #1 Memorandum, #2 Certificate of Service)(McHenry, Patricia) |
| Filing 14 Corporate Disclosure Statement by Bank of America, N.A. identifying Corporate Parent BAC North America Holding Company, Other Affiliate NB Holdings Corporation, Other Affiliate Bank of America Corporation for Bank of America, N.A... (McHenry, Patricia) |
| Filing 13 MOTION for Pro Hac Vice [Sabrina Rose-Smith] Filing fee $ 300, receipt number AHIDC-2748515.Patricia J. McHenry appearing for Defendant Bank of America, N.A. (McHenry, Patricia) |
| Filing 12 Joint Rule 26(f) Report REPORT of Planning Meeting . (Attachments: #1 Certificate of Service)(Guzzo, Andrew) Modified on 10/5/2022 (jni) |
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Filing 11
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO J. PATRICK MCNICHOL re #9 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/25/2022. (eta)
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Filing 10
ORDER GRANTING MOTION TO APPEAR PRO HAC VICE AS TO KRISTI C. KELLY re #8 - Signed by MAGISTRATE JUDGE WES REBER PORTER on 8/25/2022. (eta)
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| Filing 9 MOTION for Pro Hac Vice for J. Patrick McNichol Filing fee $ 300, receipt number AHIDC-2725916.Andrew J. Guzzo appearing for Plaintiff Ji-Hye Park (Attachments: #1 Declaration J. Patrick McNichol, #2 Exhibit - Proposed Order)(Guzzo, Andrew) |
| Filing 8 MOTION for Pro Hac Vice for Kristi C. Kelly Filing fee $ 300, receipt number AHIDC-2725913.Andrew J. Guzzo appearing for Plaintiff Ji-Hye Park (Attachments: #1 Declaration of Kristi C. Kelly, #2 Exhibit - Proposed Order)(Guzzo, Andrew) |
| Filing 7 EO: The parties are directed to review the General Civil Case Procedures Before Judge Otake posted on the court's website and are expected to comply with the most recent version that is posted. (JUDGE JILL A. OTAKE)(shm) |
| Filing 6 Summons Issued as to Bank of America, N.A. (jni) |
| Filing 5 Summons (Proposed) (Guzzo, Andrew) |
| 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 Notice of a Lawsuit and Request to Waive Service of a Summons, #2 Waiver of the Service of Summons)(jni) |
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Filing 3
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 10/17/2022 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 8/18/2022. (Attachments: #1 Memo 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.(jni)
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| Filing 2 NOTICE of Case Assignment: Please reflect Civil case number CV 22-00382 JAO-WRP on all further pleadings. (jni) |
| Filing 1 CLASS ACTION COMPLAINT against Bank of America, N.A. ( Filing fee $ 402 receipt number AHIDC-2723906.), filed by Ji-Hye Park. (Attachments: #1 Civil Cover Sheet)(Guzzo, Andrew) Modified on 8/18/2022 (jni) |
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| Plaintiff: Ji-Hye Park | |
| Represented By: | Andrew J. Guzzo |
| Represented By: | J. Patrick McNichol |
| Represented By: | Kristi C. Kelly |
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| Defendant: Bank of America, N.A. | |
| Represented By: | Patricia J. McHenry |
| Represented By: | Sabrina Rose-Smith |
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