Yarnell v. Bank of America, N.A.
| Ann Yarnell |
| Bank of America, National Association |
| 1:2021cv00520 |
| June 7, 2021 |
| US District Court for the District of New Mexico |
| Laura Fashing |
| Gregory J Fouratt |
| Judith C Herrera |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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This docket was last retrieved on February 14, 2022. A more recent docket listing may be available from PACER.
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Filing 16
STIPULATION of time to file a reply until August 17, 2021 to the Motion Dismiss #6 by Bank of America, National Association (Edelman, Spencer) Modified text on 7/28/2021 (mjr).
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Filing 15
ORDER by Magistrate Judge Laura Fashing granting #14 Unopposed Motion to Stay Discovery and Pretrial Deadlines Until Resolution of the Motion to Dismiss (Doc. 6). The Rule 16 Conference on 8/10/2021 at 2:45 p.m. is VACATED. (ccp)
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Filing 14
Unopposed MOTION to Stay Discovery and Pretrial Deadlines Until Resolution of Motion to Dismiss by Bank of America, National Association. (Edelman, Spencer)
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Filing 13
RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ann Yarnell. (Marrs, Clinton)
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Filing 12
NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 9. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl)
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Filing 11
PLEASE TAKE NOTICE that this case has been reassigned to United States District Judge Judith C. Herrera as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Gregory J. Fouratt no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 10
STIPULATION re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Extension of Time for Plaintiff to File Response to Motion to Dismiss by Ann Yarnell (Marrs, Clinton)
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Filing 8
NOTICE OF CONSENT SUBMISSION DEADLINE: In light of the pending dispositive motion, and pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that this matter will be reassigned to a district judge as presiding judge if written consents from all parties have not been filed by July 6, 2021. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (gbg)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
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Filing 7
BRIEF re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of America, National Association (Attachments: #1 Exhibit Agreement, #2 Affidavit Affidavit of Jenae Guillory) (Edelman, Spencer)
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Filing 6
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Bank of America, National Association. (Edelman, Spencer)
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Filing 5
SECOND INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing. The Rule 16 Initial Scheduling Conference set on 7/16/2021 at 10:30 a.m. is VACATED. Rule 16 Initial Scheduling Conference SET for 8/10/2021 at 02:45 PM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional due by 8/3/2021. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 6/29/2021. (ccp)
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Filing 4
STIPULATION Agreement for an Extension of Time to Respond to Complaint by Bank of America, National Association (Edelman, Spencer)
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Filing 3
INITIAL SCHEDULING ORDER by Magistrate Judge Laura Fashing. Rule 16 Initial Scheduling Conference set for 7/16/2021 at 10:30 AM in Albuquerque - Telephonic Hearing/Conference before Magistrate Judge Laura Fashing. Joint Status Report and Provisional Discovery Plan due by 7/9/2021. Unless otherwise notified by the Clerk or the Court a notice of consent or non-consent for this case to proceed before the trial Magistrate Judge should be submitted by each party no later than 6/29/2021. (ccp)
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Filing 2
PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Gregory J. Fouratt to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg)
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Filing 1
NOTICE OF REMOVAL by Bank of America, N.A. from First Judicial District Court, County of Santa Fe, case number D-101-cv-2021-00697. ( Filing Fee - Online Payment), filed by Bank of America, N.A.. (Attachments: #1 Exhibit 1, #2 Civil Cover Sheet)(Edelman, Spencer)
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Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7729171 re #1 Notice of Removal, (Payment made via Pay.gov)(Edelman, Spencer)
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United States Magistrate Judge Gregory J. Fouratt and United States Magistrate Judge Laura Fashing assigned. (jg)
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| Plaintiff: Ann Yarnell | |
| Represented By: | Clinton W. Marrs |
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| Defendant: Bank of America, National Association | |
| Represented By: | Spencer L Edelman |
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