Wilmington Savings Fund Society, FSB v. Wallace
| Wilmington Savings Fund Society, FSB dba Christiana, Trust Not in But Solely as Trustee for SC Park Lane 2 Trust 2019-1 doing business as Christiana Trust |
| Paul Wallace |
| 1:2024cv00070 |
| February 14, 2024 |
| US District Court for the District of Hawaii |
| LESLIE E KOBAYASHI |
| ROM TRADER |
| Consumer Credit |
| 28 U.S.C. § 1441 Petition for Removal - Fair Credit Reporting Act |
| None |
Docket Report
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This docket was last retrieved on April 8, 2024. A more recent docket listing may be available from PACER.
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| Filing 22 Mail returned as Undeliverable re 15 Entering Order. Mail sent to Paul Wallace at c/o General Delivery, Pahoa, HI 96778 returned undelivered (unclaimed). (eta) |
| Filing 21 Mail returned as Undeliverable re #12 Entering Order. Mail sent to Paul Wallace at c/o General Delivery, Pahoa, HI 96778 returned undelivered (unclaimed). (eta) |
| Filing 20 EO: COURT ORDER: GRANTING DEFENDANT'S MOTION FOR AN EXTENSION OF TIME TO FILE RESPONSE TO PLAINTIFF'S MOTION TO REMAND; AND DIRECTING DEFENDANT TO FILE A NOTICE INFORMING THIS DISTRICT COURT OF DEFENDANT'S ADDRESS (JUDGE LESLIE E. KOBAYASHI)(afe)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)(afe). |
| Filing 19 Mail returned as Undeliverable re #8 Entering Order sent to Paul Wallace at P.O. Box 2150, Pahoa, HI 96778 returned undelivered. (eta) |
| Filing 18 REQUEST for Extension of Time to File Response to #11 Plaintiff's MOTION to Remand - by Defendant Paul Wallace (Attachments: #1 Exhibit 1)(eta) |
| COURT'S CERTIFICATE of Service - a copy of #8 Minute Order has been resent by First Class Mail to Paul Wallace at the following addresses: P.O. Box 2150, Pahoa, HI 96778 and 14-3420 Nanawale Blvd., Pahoa, HI 96778 on March 20, 2024. The additional addresses were reflected in the Certificate of Service to the Motion to Remand, ECF No. #11 . (eta) |
| Filing 17 Mail returned as Undeliverable re #8 Minute Order sent to Paul Wallace at c/o General Delivery, Pahoa, HI 96778 returned undelivered. (eta) |
| Filing 15 EO: In light of [ECF #11 ] Plaintiff's Motion to Remand pending before the district judge, the Telephonic Rule 16 Scheduling Conference set for 3/18/2024 is CONTINUED to 5/17/2024 at 9:00 a.m. before Magistrate Judge Trader. Scheduling conference statements must be filed by 5/10/2024.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)(rt2)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) |
| COURT'S CERTIFICATE of Service - a copy of 15 Entering Order has been served by First Class Mail to Paul Wallace at the address of record on March 14, 2024. Additionally, the Entering Order was served to Mr. Wallace by email to the following email addresses, mrhawaii1@protonmail.com and mrhawaii1@hawaii.rr.com on March 14, 2024. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 14 Filing fee: $ 405, receipt number Pay.gov Tracking ID: 27CNF08N re #1 Notice of Removal (eta) (Additional attachment(s) added on 3/14/2024: #1 Receipt No. 2837) (eta). |
| Filing 13 Plaintiff's Rule 16 Scheduling Conference Statement . (Attachments: #1 Certificate of Service )(Prather, Charles) Modified on 3/12/2024 (eta). |
Filing 12
EO: ORDER SETTING NON-HEARING BRIEFING SCHEDULE.Plaintiff Wilmington Savings Fund Society, FSB's MOTION #11 to Remand, will be considered by Judge Leslie E. Kobayashi as a Non Hearing Motion.Response Memorandum is due: 3/20/2024.Optional Reply Memorandum is due: 4/3/2024.Plaintiff Wilmington Savings Fund Society, FSB's MOTION #11 to Remand; will be taken under submission thereafter. Court to issue Order. (JUDGE LESLIE E. KOBAYASHI)(afe)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)
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| Filing 16 Defendant's SUPPLEMENTAL STATEMENT in Support of Removal to Article III Federal Circuit Court, Memorandum of Points and Authorities in Support of Removal re #1 - by Paul Wallace. (Attachments: #1 Final Suspension Order)(eta) |
| Filing 11 MOTION to Remand to State Court Charles R. Prather appearing for Plaintiff Wilmington Savings Fund Society, FSB (Attachments: #1 Memorandum MEMORANDUM IN SUPPORT OF MOTION to remand, #2 Declaration Declaration of Counsel, #3 Exhibit Exhibit 1 - State Court Complaint, #4 Exhibit Exhibit 2 - State Court Entry of Default, #5 Exhibit Exhibit 3 - State Court Stip to Set Aside Default, #6 Errata Exhibit 4 - State Court Amended Complaint, #7 Exhibit Exhibit 5 - State Court Motion to Dismiss, #8 Exhibit Exhibit 6 - State Court Order Denying Mtn to Dismiss, #9 Exhibit Exhibit 7 - State Court Order Granting Mtn to Withdraw as Counsel, #10 Exhibit Exhibit 8 - State Court Substitution of Plaintiff, #11 Exhibit Exhibit 9 - State Court Entry of Default, #12 Certificate of Service Certificate of Service re Motion to Remand)(Prather, Charles) |
| Filing 10 Corporate Disclosure Statement by Wilmington Savings Fund Society, FSB. (Attachments: #1 Certificate of Service Certificate of Service for Corporate Disclosure Statement)(Prather, Charles) |
| Filing 9 NOTICE of Appearance by Charles R. Prather on behalf of Wilmington Savings Fund Society, FSB on behalf of Wilmington Savings Fund Society, FSB. (Attachments: #1 Certificate of Service Certificate of Service for Notice of Appearance)(Prather, Charles) |
| Filing 8 EO: COURT ORDER: DIRECTING DEFENDANT TO SUPPLEMENT THE NOTICE OF REMOVAL OF A CIVIL CASE; INFORMING THE PARTIES THAT NO ACTION WILL BE TAKEN ON DEFENDANT'S EMERGENCY APPLICATION FOR A TEMPORARY RESTRAINING ORDER, (TRO), PRELIMINARY INJUNCTION, AND DECLARATORY RELIEF UNTIL DEFENDANT FILES THE SUPPLEMENT AND COMPLIES WITH THE DEFICIENCY ORDER; AND DENYING DEFENDANTS REQUEST FOR A HEARING ON HIS MOTION TO BE HELD ON FEBRUARY 21, 2024... This Court therefore ORDERS Wallace to file a supplement to his Notice of Removal that specifically identifies the document that he contends rendered the case removable. Wallace must file the supplement by March, 6, 2024.This Court will take no action on Wallace's Motion until: 1) Wallace files the supplement to his Notice of Removal; 2) Wallace complies with the Deficiency Order; and 3) this Court determines that it has jurisdiction over the instant case. In light of these unresolved issues, Wallace's request that this Court hold a hearing on the Motion on February 21, 2024 is DENIED.... (JUDGE LESLIE E. KOBAYASHI)(afe)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) |
| COURT'S CERTIFICATE of Service - a copy of #8 EO (Entering Order) has been served by electronic Mail to the email address of record at: mrhawaii1@hawaii.rr.com, mrhawaii1@protonmail.com and by USPS to the address of record for: Paul Wallace. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (afe) |
| Filing 7 (AMENDED) Emergency APPLICATION for a Temporary Restraining Order - by Defendant Paul Wallace (eta) |
| Filing 6 Emergency APPLICATION for a Temporary Restraining Order; (Certificate of Service attached) - by Defendant Paul Wallace (eta) |
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Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 3/18/2024 before MAGISTRATE JUDGE ROM TRADER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/14/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Paul Wallace was served by email to the following email address, mrhawaii1@protonmail.com on February 14, 2024.
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Filing 3
DEFICIENCY ORDER - Signed by CHIEF JUDGE DERRICK K. WATSON on 2/14/2024. (eta)COURT'S CERTIFICATE OF SERVICE - Paul Wallace was served by email to the following email address, mrhawaii1@protonmail.com on February 14, 2024.
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| Filing 2 CIVIL Cover Sheet - by Paul Wallace. (eta) |
| Filing 1 NOTICE OF REMOVAL by Paul Wallace from Third Circuit Court, State of Hawaii, case number 3CC121000100 - filed by Paul Wallace. Exhibit A was not included with the Notice of Removal. (eta) |
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| Plaintiff: Wilmington Savings Fund Society, FSB dba Christiana, Trust Not in But Solely as Trustee for SC Park Lane 2 Trust 2019-1 doing business as Christiana Trust | |
| Represented By: | Charles R. Prather |
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| Defendant: Paul Wallace | |
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