Copeland v. US Bank Cust PC5 Sterling National et al
| MARCIA COPELAND |
| Governor's Office, NAN FAMULAR, Sell-All-Properties, SURETY TITLE COMPANY, Gary Zeitz, ATTORNEY GENERAL OFFICE, CAMDEN COUNTY SHERIFF'S OFFICE, US Bank Cust PC5 Sterling National, US BANK N.A., Law Firm of Gary Zeitz, Robin Zeitz, Tax Office and Wells Fargo N.A. |
| 3:2020cv07016 |
| June 9, 2020 |
| US District Court for the District of New Jersey |
| Other Fraud |
| Plaintiff |
Docket Report
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| Filing 67 Certified Copy of Transfer Order and docket received, Case transferred in from District of Connecticut; Case Number 3:19-cv-01156. Original file certified copy of transfer order and docket sheet received. |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Johnson, D.) |
Filing 66
ORDER: See attached, For the reasons stated herein, the Court orders that this case be transferred pursuant to 28 U.S.C. 1406(a) to the United States District Court for the District of New Jersey. Signed by Judge Michael P. Shea on 5/26/20.(Constantine, A.)
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| Filing 65 MOTION for Multiple Relief by Marcia Copeland. (Peterson, M) |
| Filing 64 NOTICE by Marcia Copeland (Attachments: #1 Attachment) (Peterson, M) |
| Filing 63 OBJECTION re #58 Amended Complaint, by Camden County Sheriff's Office. (Gerarde, Thomas) |
| Filing 62 MOTION and Response by Marcia Copeland. (Peterson, M) |
| Filing 61 RESPONSE filed by Marcia Copeland. (Peterson, M) |
| Filing 60 OBJECTION re #58 Amended Complaint, filed by Law Firm of Gary Zeitz, Surety Title Company, US Bank Cust PC5 Sterling National, Gary Zeitz, Robin Zeitz. (Greene, Gary) |
| Filing 59 OBJECTION to Plaintiff's Fourth Amended Complaint filed by Sell-All-Properties. (Gardner, Kristi) |
| Filing 58 AMENDED COMPLAINT against Attorney General Office, Camden County Sheriff's Office, Nan Famular, Governor's Office, Law Firm of Gary Zeitz, Sell-All-Properties, Surety Title Company, Tax Office, US Bank Cust PC5 Sterling National, US Bank, NA, Wells Fargo N.A., Gary Zeitz, Robin Zeitz, filed by Marcia Copeland.(Peterson, M) |
| Filing 57 OBJECTION to Plaintiff's Motion for Extension of time and Motion Request for Rule 16 Conference filed by Sell-All-Properties. (Gardner, Kristi) |
| Filing 56 MOTION for New Rule 16 Schedule for District Court Preparation of New Summons and Subpoenas by Marcia Copeland. (Attachments: #1 Envelope) (Peterson, M) Modified on 6/1/2020 (Johnson, D.). |
| Filing 55 MOTION for Extension of Time to Complete Individualized Complaints by Marcia Copeland. (Attachments: #1 Envelope) (Peterson, M) |
| Filing 54 MOTION to Dismiss for Lack of Jurisdiction by Camden County Sheriff's Office.Responses due by 4/21/2020 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A, #3 Exhibit Notice to Self-Represented Litigant Concerning Motion to Dismiss)(Gerarde, Thomas) |
| Filing 53 MOTION for Regarding Defendant Wells Fargo Bank, N.A.'s Obligation to File a Motion Response or Answer to the Complaint, As Amended Order by Wells Fargo N.A.. (Bizar, David) |
| Filing 52 MOTION for entry of Nonsuit re #50 Amended Complaint, #49 Amended Complaint, 44 Order on Motion for Order,,,,,,,,,, Order on Motion to Amend/Correct,,,,,,,,,,,,,,,,,,, #51 MOTION for Nonsuit pursuant to Rule 41(b) Order by Law Firm of Gary Zeitz, US Bank Cust PC5 Sterling National, Gary Zeitz, Robin Zeitz.Responses due by 4/15/2020 (Greene, Gary) |
| Filing 51 MOTION for Nonsuit pursuant to Rule 41(b) Order by Sell-All-Properties. (Gardner, Kristi) |
| Filing 50 AMENDED COMPLAINT against Attorney General Office, Camden County Sheriff's Office, Nan Famular, Governor's Office, Law Firm of Gary Zeitz, Sell-All-Properties, Surety Title Company, Tax Office, US Bank Cust PC5 Sterling National, US Bank, NA, Wells Fargo N.A., Gary Zeitz, Robin Zeitz, filed by Marcia Copeland. (Peterson, M) |
| Filing 49 AMENDED COMPLAINT against Attorney General Office, Camden County Sheriff's Office, Nan Famular, Governor's Office, Law Firm of Gary Zeitz, Sell-All-Properties, Surety Title Company, Tax Office, US Bank Cust PC5 Sterling National, US Bank, NA, Wells Fargo N.A., Gary Zeitz, Robin Zeitz, filed by Marcia Copeland. (Peterson, M) |
| Filing 48 AMENDED COMPLAINT against Attorney General Office, Camden County Sheriff's Office, Nan Famular, Governor's Office, Law Firm of Gary Zeitz, Sell-All-Properties, Surety Title Company, Tax Office, US Bank Cust PC5 Sterling National, US Bank, NA, Wells Fargo N.A., Gary Zeitz, Robin Zeitz, filed by Marcia Copeland. (Attachments: #1 Envelope) (Peterson, M) |
| Filing 47 NOTICE by Marcia Copeland (Attachments: #1 Mailing Label) (Peterson, M) |
| Set Deadlines/Hearings: Amended Pleadings due by 3/3/2020 (Constantine, A.) |
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Filing 46
ORDER: The plaintiff's motions for default judgment #33 #34 are denied. First, the plaintiff does not identify to which party the motion is directed. Second, the motions are premature. "Federal Rule of Civil Procedure 55 provides a two-step process to obtain a default judgment." Ramos v. Univ. of Connecticut Health Ctr., No. 3:17CV326(VAB), 2018 WL 2465356, at *2 (D. Conn. June 1, 2018). When a party against whom affirmative relief is sought has failed to plead or otherwise defend, the first step is to seek entry of default. Fed. R. Civ. P. 55(a). "The second step is to seek a default judgment under Fed. R. Civ. P. 55(b)." Ramos, 2018 WL 2465356, at *2. "Under Rule 55(b)(2), a court must determine whether liability is appropriate, based on the facts alleged in the Complaint." Id. Signed by Judge Michael P. Shea on 2/11/20. (Constantine, A.)
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Filing 45
ORDER: The motion to dismiss #40 filed by Sell All Properties is denied without prejudice. Sell All Properties is not a named defendant in the operative complaint #14 . Signed by Judge Michael P. Shea on 2/11/20. (Constantine, A.)
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Filing 44
ORDER: The pro se plaintiff's complaint [ECF #14] is exceedingly difficult to decipher and it is not clear which defendants are accused of what causes of action or when particular conduct occurred. In light of the fact that the plaintiff is self-represented, the Court will permit her an opportunity to amend. She is advised that she is required to set forth "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). "A claim has facial plausibility when the pleaded factual content allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). This means she must set forth in her amended complaint facts regarding what was done to her, who did it, when they did it, and how that has injured her. She should be as specific as possible and clearly identify which defendant has taken particular actions against her. While it is not necessary that she cite statutes or legal authority, she must set forth enough facts from which the Court can discern a plausible legal claim as to each named defendant. The plaintiff may find it helpful to utilize the complaint forms available on the Court's website. The plaintiff shall file any amended complaint within 21 days.Should the plaintiff file an amended complaint in accordance with this order, the Court will deny the motions to dismiss [ECF 27, 39] because they will not address the operative complaint. But defendants will be allowed to move to dismiss any new complaint and incorporate by reference their prior briefing. In light of this Order, the plaintiff's motions to amend #35 #36 are denied as moot. In addition, the Clerk of the Court is directed to terminate the motion for preliminary injunction #15 because it is improperly docketed as a motion instead of an amended complaint. The plaintiff's discovery request directed at Gary and Robin Zeitz #31 is denied because they are not named defendants in the operative complaint [ECF #14] and even if they were, discovery requests are not filed with the Court. D. Conn. L. Civ. 5(f)(1). Signed by Judge Michael P. Shea on 2/11/20. (Constantine, A.)
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| Filing 43 NOTICE of Appearance by Craig A. Fontaine on behalf of Sell-All-Properties (Fontaine, Craig) |
| Filing 42 NOTICE of Appearance by Kristi Marie Gardner on behalf of Sell-All-Properties (Gardner, Kristi) |
| Filing 41 OBJECTION re #34 MOTION for Default Judgment as to any Defendant without an August 28, 2019 Answer to this Complaint, #36 MOTION to Amend/Correct, #33 MOTION for Default Judgment as to Any Defendant without An August 28, 2019 Answer to this Compliant, #35 MOTION to Amend/Correct #14 Amended Complaint,, #31 MOTION for filed by Law Firm of Gary Zeitz, Surety Title Company, US Bank Cust PC5 Sterling National, Gary Zeitz, Robin Zeitz. (Greene, Gary) |
| Filing 40 MOTION to Dismiss by Sell-All-Properties.Responses due by 10/31/2019 (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Supplement Notice to Self Rep Litigant)(Gardner, Kristi) |
| Filing 39 MOTION to Dismiss for Lack of Jurisdiction by Camden County Sheriff's Office.Responses due by 10/21/2019 (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A, #3 Exhibit Notice to Self-Represented Litigant Concerning Motion to Dismiss)(Gerarde, Thomas) |
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Filing 38
ORDER: The #37 motion is GRANTED. If the plaintiff's #35 #36 motions to amend are granted, Wells Fargo shall answer, move, or otherwise respond to the operative complaint 14 days after the proposed second amended complaint is docketed. If the #35 #36 motions to amend are denied, Wells Fargo shall answer, move, or otherwise respond to the operative complaint 14 days after the denials. In addition, these deadlines to answer, move, or otherwise respond to the operative complaint shall apply to all defendants. Signed by Judge Michael P. Shea on 9/30/2019. (Ram, Megha)
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| Filing 37 MOTION for Extension of Time until 14 Days After the Proposed Second Amended Complaint is Docketed if the Motions are Allowed, or Until 14 Days After the Denial of the Motions to Answer, Move, or Otherwise Respond to the Second Amended Complaint by Wells Fargo N.A.. (Bizar, David) |
| Filing 36 MOTION to Amend or Add: Additional Federal and Criminal Title of Action Codes by Marcia Copeland. Responses due by 10/16/2019 (Attachments: #1 Envelope) (Peterson, M) |
| Filing 35 MOTION to Amend #14 Amended Complaint by Marcia Copeland. Responses due by 10/16/2019 (Attachments: #1 Envelope) (Peterson, M) |
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Filing 32
ORDER: The #30 motion for extension is GRANTED. Defendant Sell-All-Properties shall have until October 12, 2019 to file a response to plaintiff's amended complaint. Signed by Judge Michael P. Shea on 9/16/2019. (Ram, Megha)
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| Answer deadline updated for Sell-All-Properties to 10/12/2019. (Johnson, D.) |
| Filing 34 MOTION for Default Judgment as to any Defendant without an August 28, 2019 Answer to this Complaint by Marcia Copeland. (Attachments: #1 Envelope)(Peterson, M) |
| Filing 33 MOTION for Default Judgment as to any Defendant without an August 28, 2019 Answer to this Complaint by Marcia Copeland. (Attachments: #1 Envelope) (Peterson, M) |
| Filing 31 MOTION for Order by Marcia Copeland. (Attachments: #1 Envelope) (Peterson, M) |
| Filing 30 MOTION for Extension of Time until October 12, 2019 to Plead by Sell-All-Properties. (Gardner, Kristi) |
| Filing 29 NOTICE of Appearance by Kristi Marie Gardner on behalf of Sell-All-Properties (Gardner, Kristi) |
| Filing 28 NOTICE of Appearance by Craig A. Fontaine on behalf of Sell-All-Properties (Fontaine, Craig) |
| Filing 27 MOTION to Dismiss for Lack of Jurisdiction by Law Firm of Gary Zeitz, Surety Title Company, US Bank Cust PC5 Sterling National, Gary Zeitz, Robin Zeitz.Responses due by 9/26/2019 (Attachments: #1 Notice to Defendant, #2 Exhibit A, #3 Exhibit B, #4 Affidavit)(Greene, Gary) |
| Answer deadline updated for Camden County Sheriff's Office to 9/30/2019. (Johnson, D.) |
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Filing 26
ORDER: The #25 motion for extension by Camden County Sheriff's Office is GRANTED. Camden County Sheriff's Office shall have until September 30, 2019 to file an answer or other response to the plaintiff's amended complaint. Signed by Judge Michael P. Shea on 9/3/2019. (Ram, Megha)
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| Filing 25 MOTION for Extension of Time until September 30, 2019 to File a Responsive Pleading #14 Amended Complaint, by Camden County Sheriff's Office. (Gerarde, Thomas) |
| Filing 24 NOTICE of Appearance by Kaitlin Kontyko on behalf of Camden County Sheriff's Office (Kontyko, Kaitlin) |
| Filing 23 NOTICE of Appearance by Thomas R. Gerarde on behalf of Camden County Sheriff's Office (Gerarde, Thomas) |
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Filing 22
ORDER Returning Submission as Deficient: Complaint, Addendum to Original returned to Plaintiff Marcia Copeland Signed by Judge Michael P. Shea on 08/28/2019.(Murphy, Tatihana)
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Filing 21
NOTICE: The Court received a set of papers mailed directly to chambers by plaintiff. This is not proper. The plaintiff is advised that she cannot send documents directly to chambers or to the judge. The plaintiff may - and shall - bring any matter related to the case she wishes to the Court's attention by filing a pleading or motion on the docket. To do that, she should either file an appearance and request to participate in e-filing or she must send the document to the Clerk's Office to be docketed as a motion or a pleading. Accordingly, the Clerk shall return the papers to the plaintiff and shall not docket them. The Clerk shall also mail a copy of this order to plaintiff. Signed by Judge Michael P. Shea on 8/28/2019. (Ram, Megha)
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| Answer deadline updated for Wells Fargo N.A. to 9/30/2019. (Johnson, D.) |
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Filing 20
ORDER: The plaintiff mailed a set of papers to the Clerk's Office entitled "Amendmened Complaint and Request for Injunction." The Court notes that the Clerk's Office filed this document on the docket twice -- once as an #14 amended complaint and once as a #15 motion for preliminary injunction. The Court further notes that there is only one operative complaint. Now that the plaintiff has filed an #14 amended complaint, that document is the operative complaint. The plaintiff is advised that any allegations in the #1 original complaint that are not also in the #14 amended complaint will not be considered by the Court. Accordingly, the #12 motion to dismiss by Law Firm of Gary Zeitz, Surety Title Company, US Bank Cust PC5 Sterling National, Gary Zeitz, and Robin Zeitz is DENIED AS MOOT as it no longer refers to the operative complaint. However, these defendants may renew their motion to dismiss in light of the amended complaint and incorporate by reference any prior briefing. In addition, the #18 motion for extension by Wells Fargo N.A. is GRANTED. Wells Fargo N.A. shall have until September 30, 2019 to file an answer or other response to the plaintiff's amended complaintSigned by Judge Michael P. Shea on 8/27/2019. (Ram, Megha)
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| Filing 19 NOTICE by Law Firm of Gary Zeitz, Surety Title Company, Gary Zeitz, Robin Zeitz re #11 Notice (Other) (Greene, Gary) |
| Filing 18 MOTION for Extension of Time until September 30, 2019 to Answer, Move, or Otherwise Respond to the #1 Complaint by Wells Fargo N.A.. (Bizar, David) |
| Filing 17 Corporate Disclosure Statement by Wells Fargo N.A. identifying Corporate Parent Wells Fargo & Company for Wells Fargo N.A.. (Bizar, David) |
| Filing 16 NOTICE of Appearance by David M. Bizar on behalf of Wells Fargo N.A. (Bizar, David) |
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Filing 13
ORDER: Defendants filed a #12 motion to dismiss and a #11 notice to self-represented litigant. Pursuant to Local Rule 12(a), the movant "shall attach to the notice [to self-represented litigant] copies of the full text of Rule 12 of the Federal Rules of Civil Procedure and Local Civil Rule 7." Defendants did not attach copies of these rules to the #11 notice to self-represented litigant. Defendants shall refile, by August 27, 2019, the notice to self-represented litigant along with copies of the full text of Rule 12 of the Federal Rules of Civil Procedure and Local Civil Rule 7. Signed by Judge Michael P. Shea on 8/26/2019. (Ram, Megha)
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| Filing 12 MOTION to Dismiss for Lack of Jurisdiction by Law Firm of Gary Zeitz, Surety Title Company, US Bank Cust PC5 Sterling National, Gary Zeitz, Robin Zeitz.Responses due by 9/13/2019 (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Unreported Case)(Greene, Gary) |
| Filing 11 NOTICE by Law Firm of Gary Zeitz, Surety Title Company, US Bank Cust PC5 Sterling National, Gary Zeitz, Robin Zeitz of Filing Motion to Dismiss pursuant to Rule 12(a) (Greene, Gary) |
| Filing 10 NOTICE of Appearance by Gary Joseph Greene on behalf of Law Firm of Gary Zeitz, Surety Title Company, US Bank Cust PC5 Sterling National, Gary Zeitz, Robin Zeitz (Greene, Gary) |
| Filing 15 MOTION for Preliminary Injunction by Marcia Copeland. Responses due by 9/12/2019 (Attachments: #1 Envelope) (Peterson, M) |
| Filing 14 AMENDED COMPLAINT against Attorney General Office, Camden County Sheriff's Office, Nan Famular, Governor's Office, Law Firm of Gary Zeitz, Sell-All-Properties, Surety Title Company, Tax Office, US Bank Cust PC5 Sterling National, US Bank, NA, Wells Fargo N.A., Gary Zeitz, Robin Zeitz, filed by Marcia Copeland. (Attachments: #1 Envelope) (Peterson, M) |
| Filing 9 NOTICE: Amend Caption to Include the Following Additional Defendants by Marcia Copeland (Attachments: #1 Envelope) (Peterson, M) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Attorney General Office, Camden County Sheriff's Office, Nan Famular, Governor's Office, Law Firm of Gary Zeitz, Sell-All-Properties, Surety Title Company, Tax Office, US Bank Cust PC5 Sterling National, US Bank, NA, Wells Fargo N.A., Gary Zeitz, Robin Zeitz* with answer to complaint due within *21* days. *Marcia Copeland* *2 Apple Ridge Way* *East Brunswick, NJ 08816* (Fazekas, J.) |
| Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Electronic Filing Order, #3 Order on Pretrial Deadlines, #1 Complaint filed by Marcia Copeland, #5 Standing Protective Order, #2 Notice of Manual Filing filed by Marcia Copeland Signed by Clerk on 7/29/2019.(Fazekas, J.) |
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Filing 6
ENTERED IN ERROR - STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 7/26/2019.(Fazekas, J.) Modified on 7/29/2019 (Fazekas, J.).
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 7/26/2019.(Fazekas, J.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 7/26/2019.(Fazekas, J.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 9/24/2019. Discovery due by 1/25/2020. Dispositive Motions due by 2/29/2020. Signed by Clerk on 7/26/2019.(Fazekas, J.)
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| Filing 2 NOTICE of Manual Filing of CD of Court Hearing, Camden District Court by Marcia Copeland (Fazekas, J.) On MSD1 (Blough, B.). |
| Filing 1 COMPLAINT against All Defendants, filed by Marcia Copeland.(Fazekas, J.) |
| Filing fee received from Jackson Anesthesia LLC: $400.00, receipt number CTXB00010418. (Fazekas, J.) |
| Request for Clerk to issue summons as to All Defendants. (Fazekas, J.) Modified on 7/29/2019 to correct file date (Fazekas, J.). |
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