Foley et al v. Wells Fargo Bank, N.A.
| Sara Foley |
| Wells Fargo Bank, N.A. and Transamerica |
| 2:2021cv01538 |
| August 19, 2021 |
| US District Court for the District of Nevada |
| Daniel J Albregts |
| Richard F Boulware |
| Elayna J Youchah |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
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Filing 46
ORDER granting #45 Stipulation of dismissal with prejudice. Signed by Judge Richard F. Boulware, II on 8/9/2022.; Case terminated. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 45 STIPULATION FOR DISMISSAL with Prejudice by Plaintiff Sara Foley. (Olsen, Michael) (dismissal) |
| Filing 44 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (HAM) |
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Filing 43
SCHEDULING ORDER granting #42 Discovery Plan and Scheduling Order; Discovery due by 12/9/2022. Motions due by 1/13/2023. Proposed Joint Pretrial Order due by 2/13/2023. Signed by Magistrate Judge Elayna J. Youchah on 7/20/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 42 Stipulated Discovery Plan and Scheduling Order by Defendant Transamerica.. (True, Nicole) |
| Filing 41 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/14/2022 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Thomas Grover, Esq.; Def Counsel: Kelly Dove, Esq., Nicole, True, Esq.; Court Reporter: Patty Ganci; Time of Hearing: 10:28 AM - 10:48 AM; Courtroom: 7C; Plaintiff and Defense counsel are present appearing by videoconferencing for these proceedings. The Court makes preliminary statements and hears representations regarding #9 Motion to Dismiss, #17 Motion to Amend/Correct Complaint, #27 Motion to Dismiss, and #33 Second Motion to Amend/Correct Complaint. For the reasons stated on the record, IT IS ORDERED that #17 Motion to Amend/Correct Complaint and #33 Second Motion to Amend/Correct Complaint are DENIED. IT IS FURTHER ORDERED that #9 Motion to Dismiss is DENIED as moot, as it is effectively superseded by #27 Motion to Dismiss. For the reasons stated on the record, IT IS FURTHER ORDERED that #27 Motion to Dismiss is GRANTED with prejudice. Defendant Wells Fargo is hereby dismissed from this case.Additionally, the Court grants leave for the Plaintiff to file a motion for reconsideration of this order on or before July 14, 2022. In this motion, Plaintiff must be able to specifically make allegations regarding a contract and contract provision that was allegedly breached by Defendant Wells Fargo as directed on the record. Plaintiff must provide a copy of this contract for the Court along with the motion. The transcript of the hearing shall be the Opinion and Order of the Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
| Filing 40 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 6/10/2022. WHEREAS, this Court has found, due to the danger of the global pandemic to the community, including the parties, court staff and the attorneys of parties, that in-person appearances must be restricted whenever necessary and that this case is appropriate to be heard by videoconference; IT IS ORDERED that hearing re: #9 MOTION to Dismiss, #17 COUNTER MOTION to Amend/Correct Complaint, #27 MOTION to Dismiss #24 Amended Complaint, and #33 Second MOTION to Amend/Correct #24 Amended Complaint is set for June 14, 2022 at 10:15 AM by videoconference before Judge Richard F. Boulware, II.IT IS FURTHER ORDERED that members of the public seeking to have access to this hearing must, prior to the day of the hearing, contact the Court by email to request access to and receive permission to listen this hearing by telephone. Members of the public granted such access must join the remote proceedings prior to their official commencement. Once a remote proceeding has begun, no access will be granted to the proceeding.IT IS FURTHER ORDERED that the members of the public may contact the Courtroom Administrator at "blanca_lenzi@nvd.uscourts.gov", or (702) 464-5470 with information on how to participate in the video conference if necessary.IT IS FURTHER ORDERED that no one or entity or organization, including but not limited to counsel, counsel's agents or staff, the Defendant, law enforcement agents/officers, members of the public, who participate in or listen to this proceeding may record it in any manner. Any individual, entity or organization that records this proceeding without written authorization of the Court shall be subject to civil and/or criminal contempt penalties by this Court. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) |
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Filing 39
ORDER granting #38 Discovery Plan and Scheduling Order. Signed by Magistrate Judge Elayna J. Youchah on 1/18/2022. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 38 First Stipulated Discovery Plan and Scheduling Order by Plaintiff Sara Foley. (Olsen, Michael) |
| Filing 37 REPLY to Response to #27 Motion to Dismiss by Defendant Wells Fargo Bank, N.A.. (Dove, Kelly) |
| Filing 36 CERTIFICATE of Interested Parties by Transamerica that identifies all parties that have an interest in the outcome of this case. Corporate Parent AEGON N.V., Corporate Parent Commonwealth General Corporation for Transamerica added. (True, Nicole) |
| Filing 35 ANSWER to #24 Amended Complaint filed by Transamerica. Discovery Plan/Scheduling Order due by 1/29/2022.(True, Nicole) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Filing 34 CERTIFICATE OF SERVICE for #32 Response, #33 Motion to Amend/Correct by Plaintiff Sara Foley. (Olsen, Michael) |
| Filing 33 Second MOTION to Amend/Correct #24 Amended Complaint by Plaintiff Sara Foley. Responses due by 12/23/2021. (Attachments: #1 Exhibit Exhibits) (Olsen, Michael) |
| Filing 32 RESPONSE to #27 Motion to Dismiss by Plaintiff Sara Foley. Replies due by 12/16/2021. (Attachments: #1 Exhibit Exhibits) (Olsen, Michael) |
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Filing 31
ORDER granting #30 Stipulation Re: #24 Amended Complaint. Transamerica answer due 12/15/2021. Signed by Magistrate Judge Elayna J. Youchah on 11/29/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 30 STIPULATION FOR EXTENSION OF TIME (First Request) for Transamerica to Respond to Amended Complaint by Defendant Transamerica. (True, Nicole) |
| Filing 29 NOTICE of Appearance by attorney Nicole Marie True on behalf of Defendant Transamerica. (True, Nicole) |
| Filing 28 DECLARATION of Service re #24 Amended Complaint by Plaintiff Sara Foley. (Olsen, Michael) |
| Filing 27 MOTION to Dismiss #24 Amended Complaint by Defendant Wells Fargo Bank, N.A.. Responses due by 11/29/2021. (Attachments: #1 Exhibit 1) (Dove, Kelly) |
| Filing 26 SUMMONS ISSUED as to Transamerica re #24 Amended Complaint. (HAM) |
| Filing 25 PROPOSED SUMMONS to be issued Summons in a Civil Action by Plaintiff Sara Foley. (Olsen, Michael) |
| Filing 24 First AMENDED COMPLAINT against Sara Foley by Sara Foley. No changes to parties. (Olsen, Michael) |
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Filing 23
ORDER granting #22 Stipulation to Amend Caption to Sarah Foley, Plaintiff, v. Wells Fargo Bank, N.A., Transamerica; and DOES and ROES I-X, Defendants. Signed by Magistrate Judge Elayna J. Youchah on 10/29/2021. (Copies have been distributed pursuant to the NEF - HAM) Modified on 10/29/2021 (HAM).
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| Filing 22 First STIPULATION to Amend Caption by Plaintiff Sara Foley. (Attachments: #1 Exhibit 1) (Olsen, Michael) |
| Filing 21 CLERK'S NOTICE re: #20 Proposed Summons to be Issued. Summons not issued by Clerk's Office. Summons not submitted on correct form and Transamerica is not a named Defendant in this case. (no image attached) (EDS) |
| Filing 20 PROPOSED SUMMONS to be issued to TRANSAMERICA by Plaintiff Sara Foley. (Olsen, Michael) |
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Filing 19
ORDER granting #11 Motion to Stay Discovery. Signed by Magistrate Judge Elayna J. Youchah on 10/18/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 18 REPLY to Response to #9 Motion to Dismiss, #17 Motion to Amend/Correct, by Defendant Wells Fargo Bank, N.A.. (Dove, Kelly) |
| Filing 17 COUNTER MOTION to Amend/Correct Complaint by Plaintiff Sara Foley. Responses due by 10/27/2021. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Olsen, Michael) Modified text on 10/13/2021 (EDS). |
| Filing 16 RESPONSE to #9 Motion to Dismiss by Plaintiff Sara Foley. Replies due by 10/20/2021. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Olsen, Michael) |
| Filing 15 CLERK'S NOTICE. Attorney Action Required to ECF No. #14 Responsive Brief. ERROR: 1) Wrong event selected. 2) For each type of relief requested or purpose, a separate document must be filed. 3) The signatory must be the attorney or pro se party who electronically files the document. Counsel is advised to refile the document as a Response to Motion and as a Countermotion, using the correct CM/ECF events and using the CM/ECF account for signing attorney, Thomas R. Grover. Document #14 has been terminated by the Clerk's Office as filed in error. (no image attached) (EDS) |
| Filing 14 ERROR: Filed incorrectly. Counsel advised to refile. RESPONSIVE BRIEF by Plaintiff Sara Foley. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) (Olsen, Michael) |
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Filing 13
ORDER Granting #12 Stipulation for Extension of Time re #9 Motion to Dismiss (First Request). Responses due by 10/8/2021. Signed by Judge Richard F. Boulware, II on 9/30/2021. (Copies have been distributed pursuant to the NEF - MR)
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| Filing 12 STIPULATION FOR EXTENSION OF TIME (First Request) to Extend Deadline to Oppose #9 Defendant Wells Fargo, N.A.'s Motion to Dismiss Complaint by Plaintiff Sara Foley. (Olsen, Michael) Modified on 9/30/2021 (EDS). |
| Filing 11 MOTION to Stay Discovery by Defendant Wells Fargo Bank, N.A.. (Dove, Kelly) |
| Filing 10 REQUEST for Judicial Notice re #9 Motion to Dismiss by Defendant Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1-Petition to Appoint Administrator for Issuance of Letters of Administration and for General Administration dated December 23, 2014, #2 Exhibit 2-Order Appointing Administrator, Issuing Letters of Administration, and for General Administration dated February 6, 2015, #3 Exhibit 3-Letters of Administration dated February 9, 2015) (Dove, Kelly) |
| Filing 9 MOTION to Dismiss by Defendant Wells Fargo Bank, N.A.. Responses due by 9/30/2021. (Attachments: #1 Exhibit 1-Account Agreement 2014) (Dove, Kelly) |
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Filing 8
ORDER granting #4 Motion to Extend Time to Respond Re: #1 Complaint. Wells Fargo Bank, N.A. answer due 9/16/2021. Signed by Magistrate Judge Elayna J. Youchah on 9/3/2021. (Copies have been distributed pursuant to the NEF - HAM)
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| Filing 7 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Elayna J. Youchah on 8/26/2021. By Judicial Assistant: E. Santiago.Before the Court is Defendant Wells Fargo Bank, N.A.'s Motion to Extend Time to Respond to Complaint (ECF No. 4). Plaintiff's counsel is to advise the Court no later than the close of business on Monday, August 30, 2021, if she opposes Defendant's Motion. (no image attached) (Copies have been distributed pursuant to the NEF - ES) |
| Filing 6 CLERK'S NOTICE that this case is randomly reassigned to Magistrate Judge Elayna J. Youchah for all further proceedings. All further documents must bear the correct case number 2:21-cv-01538-RFB-EJY. (no image attached) (EDS) |
| Filing 5 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Daniel J. Albregts on 8/25/2021. By Judicial Assistant: K. LaPointe. With good cause appearing, the Honorable Magistrate Judge Daniel J. Albregts recuses himself in this action. IT IS ORDERED that this action is referred to the Clerk for random reassignment of this case for all further proceedings. (no image attached) (Copies have been distributed pursuant to the NEF - KL) |
| Filing 4 First MOTION to Extend Time (First Request) to Respond to Complaint re #1 Petition for Removal,, by Defendant Wells Fargo Bank, N.A.. (Dove, Kelly) |
| Filing 3 STANDING ORDER. This case has been assigned to the Honorable Judge Richard F. Boulware, II. Judge Boulware's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov. (Copies have been distributed pursuant to the NEF - EDS) |
| Filing 2 CERTIFICATE of Interested Parties by Wells Fargo Bank, N.A. that identifies all parties that have an interest in the outcome of this case. Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A. added. (Dove, Kelly) |
| Filing 1 PETITION FOR REMOVAL from Eighth Judicial District Court, Case Number A-21-838738-C, (Filing fee $ 402 receipt number 0978-6601978) by Wells Fargo Bank, N.A.. (Attachments: #1 Exhibit 1-Complaint, #2 Exhibit 2-Copy of check, #3 Civil Cover Sheet) (Dove, Kelly) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. |
| Case randomly assigned to Judge Richard F. Boulware, II and Magistrate Judge Daniel J. Albregts. (HAM) |
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