Schak v. Bank of America N.A. et al
| Robert Schak |
| Bank of America N.A. and Bank of America Corporation |
| 3:2024cv00027 |
| January 10, 2024 |
| US District Court for the Western District of North Carolina |
| Kenneth D Bell |
| Max O Cogburn |
| David Keesler |
| Consumer Credit |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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Filing 47
ORDER granting (38) Motion to Consolidate Cases. All further pleadings to be electronically filed to: 3:23cv422 only. Member Cases: 3:24cv27,3:23cv542,3:23cv756,3:23cv908 to be administratively closed in case 3:23-cv-00422-MOC-DCK. The hearing currently set for February 20, 2024 is hereby CONTINUED to a date to be determined. The parties in the Consolidated Action shall confer regarding appointment of interim lead counsel and file any stipulation or motion no later than February 29, 2024. Any responses to any stipulation or motion shall be filed no later March 21, 2024. There will be no replies permitted. Signed by District Judge Max O. Cogburn, Jr on 2/16/2024. (ams)
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| Cases associated: Create association to 3:23-cv-00422-MOC-DCK. (ams) |
| Case reassigned to District Judge Max O. Cogburn, Jr. District Judge Kenneth D. Bell no longer assigned to the case. This is your only notice - you will not receive a separate document.(ams) |
| Filing 46 NOTICE of Motion to Vacate or in the Alternative Continue the Hearing on Motion to Consolidate and Appoint Lead Counsel (filed in case no. 3:23-cv-422-MOC) by Robert Schak (Jackson, Gary) Modified text on 2/16/2024 (mek). |
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Filing 45
ORDER granting with modification #44 Motion to Continue the Deadline to File Defendants' Response to Plaintiff's First Amended Class Action Complaint. Defendant shall have up to and including fourteen (14) days following a decision on the motion for consolidation (Document No. #38 ) in Ballard v. Bank of America, N.A et al, 3:23-CV-422. Signed by US Magistrate Judge David Keesler on 1/29/24. (mga)
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| Motion referred to David Keesler.: #44 Consent MOTION to Continue The Deadline to File Defendants' Response to Plaintiff's First Amended Class Action Complaint (mga) |
| Filing 44 Consent MOTION to Continue The Deadline to File Defendants' Response to Plaintiff's First Amended Class Action Complaint by Bank of America Corporation, Bank of America N.A.. Responses due by 2/7/2024 (Attachments: #1 Proposed Order) (Ireland, Elizabeth) |
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Filing 43
ORDER Setting Hearing on Motion (38 in 3:23-cv-00422-MOC-DCK) MOTION to Consolidate This Case with 3:23cv459; 3:23cv542; 3:23cv756 , (26 in 3:23-cv-00422-MOC-DCK) Amended MOTION to Consolidate This Case with 3:23-cv-459 and 3:23-cv-491 , (18 in 3:23-cv-00422-MOC-DCK) MOTION to Consolidate This Case with 3:23-cv-00459 : Motion Hearing set for 2/20/2024 09:30 AM in Courtroom #5A, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. Signed by District Judge Max O. Cogburn, Jr on 1/17/2024. Associated Cases: 3:23-cv-00422-MOC-DCK, 3:23-cv-00542-KDB-DCK, 3:23-cv-00756-RJC-DCK, 3:24-cv-00027-KDB-DCK(ams)
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Filing 42
ORDER granting #37 Motion for Leave to Appear Pro Hac Vice added Rebecca A. Peterson for Robert Schak (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 1/16/24. (mga)
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Filing 41
ORDER granting #36 Motion for Leave to Appear Pro Hac Vice added Develyn J. Mistriotti for Robert Schak (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 1/16/24. (mga)
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Filing 40
ORDER granting #35 Motion for Leave to Appear Pro Hac Vice added Daniel E Gustafson for Robert Schak (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 1/16/24. (mga)
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Filing 39
ORDER granting #34 Motion for Leave to Appear Pro Hac Vice added Kara Anne Elgersma for Robert Schak.(Pro Hac Vice Attorney served via NEF) Signed by US Magistrate Judge David Keesler on 1/16/24. (mga) NEF regenerated on 1/17/2024 (mga).
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| Notice to Abou B. Amara, Jr: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/24/2024. (mga) |
| Notice to Kara A. Elgersma: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/24/2024. (mga) |
| Notice to Develyn J. Mistriotti: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/24/2024. (mga) |
| Notice to rapeterson@locklaw.com: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/24/2024. (mga) |
| Notice to Daniel E. Gustafson: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/24/2024. (mga) |
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Filing 38
ORDER granting #33 Motion for Leave to Appear Pro Hac Vice added Abou B. Amara, Jr for Robert Schak (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge David Keesler on 1/16/24. (mga) NEF regenerated on 1/17/2024 (mga).
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| Filing 37 MOTION for Leave to Appear Pro Hac Vice as to Rebecca A. Peterson Filing fee $ 300, receipt number ANCWDC-6366017. by Robert Schak. (Jackson, Gary). Motions referred to David Keesler. |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice as to Develyn J. Mistriotti Filing fee $ 300, receipt number ANCWDC-6366008. by Robert Schak. (Jackson, Gary). Motions referred to David Keesler. |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice as to Daniel E. Gustafson Filing fee $ 300, receipt number ANCWDC-6366002. by Robert Schak. (Jackson, Gary). Motions referred to David Keesler. |
| Filing 34 MOTION for Leave to Appear Pro Hac Vice as to Kara A. Elgersma Filing fee $ 300, receipt number ANCWDC-6366000. by Robert Schak. (Jackson, Gary). Motions referred to David Keesler. |
| Filing 33 MOTION for Leave to Appear Pro Hac Vice as to Abou B. Amara, Jr. Filing fee $ 300, receipt number ANCWDC-6365995. by Robert Schak. (Jackson, Gary). Motions referred to David Keesler. |
| Filing 32 Case transferred in from District of Illinois Northern; Case Number 1:23-cv-06127. Original electronic file and docket sheet received. |
| Filing 31 TRANSFERRED to the USDC Western District of North Carolina the electronic record. (jj, ) [Transferred from Illinois Northern on 1/10/2024.] |
| Case assigned to District Judge Kenneth D. Bell and US Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Clerk's Entry and Service of #Standing Order Requiring an Initial Settlement Conference in Civil Cases assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The parties are directed to click on the link above to retrieve the Order. The filing party is directed to serve a copy of the Order with service. (rth) |
| Notice to Abou B. Amara, Daniel E Gustafson, Daniel J. Nordin, Rebecca Anne Peterson, Robert Kinney Shelquist, Kara Anne Elgersma, Ross Jacob Corbett: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 1/17/2024. (rth) |
| Set/Reset Deadlines: All Defendants Answer due 1/24/2024. (rth) |
| Filing 30 MINUTE entry before the Honorable Andrea R. Wood: The parties' joint motion to transfer venue #29 is GRANTED. The Court finds that this case should be transferred to another court where it could have been brought for the convenience of parties and witnesses. Pursuant to the stipulation and agreement of the parties, the Clerk's Office is thus directed to transfer this action FORTHWITH to the United States District Court for the Western District of North Carolina for all further proceedings. All other pending motions and hearing dates before this Court are stricken. The case will be closed on this Court's docket. Civil case terminated. Mailed notice (lma, ) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 29 MOTION by Plaintiff Robert Schak to transfer case (Joint Motion to Transfer Venue) (Amara, Abou) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 28 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 27 First AMENDED complaint by Robert Schak against Bank of America Corporation, Bank of America N.A. (Amara, Abou) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 26 STATUS Report (Joint) by Bank of America Corporation, Bank of America N.A. (Corbett, Ross) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 25 MINUTE entry before the Honorable Andrea R. Wood: The Court has received notice that the Judicial Panel on Multidistrict Litigation has denied the motion to transfer and consolidate this action with other pending actions pursuant to 18 U.S.C. 1407. Given this decision, by 12/20/2023, the parties shall meet and confer and then file a joint status report stating how the parties intend to proceed. Specifically, defense counsel should state whether they intend to file a motion to transfer this case to the Western District of Norther Carolina pursuant to 18 U.S.C. 1404 and, if not, the parties shall provide the information required for a joint initial status report as described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Telephonic status hearing set for 1/10/2024 at 10:00 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (lma, ) [Transferred from Illinois Northern on 1/10/2024.] |
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Filing 24
ORDER DENYING TRANSFER. (ph, ) [Transferred from Illinois Northern on 1/10/2024.]
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| Filing 23 STATUS Report (Joint) by Bank of America Corporation, Bank of America N.A. (Corbett, Ross) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 22 MINUTE entry before the Honorable Andrea R. Wood: Defendants' consent motion to stay proceedings pending a decision by the Judicial Panel on Multidistrict Litigation #16 is granted. This case is stayed pending a decision on a motion for transfer and consolidation before the Judicial Panel on Multidistrict Litigation. Accordingly, telephonic status hearing set for 11/2/2023 and accompanying requirement to file a joint initial status report are stricken. Instead, by 11/27/2023, the parties shall file a joint status report to inform the Court of the status of the pending motion before the Judicial Panel on Multidistrict Litigation. The status report shall also state whether any circumstances have changed such that any party believes modification or lifting of the stay may be appropriate. Mailed notice (lma, ) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 21 ATTORNEY Appearance for Defendants Bank of America Corporation, Bank of America N.A. by Elizabeth Jeanne Ireland (Ireland, Elizabeth) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 20 ATTORNEY Appearance for Defendants Bank of America Corporation, Bank of America N.A. by Amanda L Groves (Groves, Amanda) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 19 MINUTE entry before the Honorable Andrea R. Wood: Motions to appear pro hac vice #17 and #18 are granted. Mailed notice (lma, ) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21159008. (Groves, Amanda) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21157639. (Ireland, Elizabeth) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 16 MOTION by Defendants Bank of America Corporation, Bank of America N.A. to stay Proceedings Pending A Decision By The Judicial Panel On Multidistrict Litigation (Agreed) (Corbett, Ross) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 15 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bank of America Corporation (Corbett, Ross) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Bank of America N.A. (Corbett, Ross) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 13 ATTORNEY Appearance for Defendants Bank of America Corporation, Bank of America N.A. by Ross Jacob Corbett (Corbett, Ross) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 12 ATTORNEY Appearance for Plaintiff Robert Schak by Robert Kinney Shelquist (Shelquist, Robert) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 11 ATTORNEY Appearance for Plaintiff Robert Schak by Rebecca Anne Peterson (Peterson, Rebecca) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 10 AFFIDAVIT of Service filed by Plaintiff Robert Schak regarding Complaint, Summons and Civil Cover Sheet served on Bank of America, N.A. on 8/30/2023 (Elgersma, Kara) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 9 AFFIDAVIT of Service filed by Plaintiff Robert Schak regarding Complaint and Civil Cover Sheet served on Bank of America Corporation on 8/30/2023 (Elgersma, Kara) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 8 MINUTE entry before the Honorable Andrea R. Wood: Telephonic initial status hearing set for 11/2/2023 at 9:15 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Motions to appear pro hac vice #3 , #4 , #5 , and #6 are granted. Mailed notice (lma, ) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 6 MOTION by Plaintiff Robert Schak to amend/correct MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21004556. #5 (Amara, Abou) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 7 EXECUTIVE COMMITTEE ORDER REASSINING: Case reassigned to the Honorable Andrea R. Wood for all further proceedings. Honorable Elaine E. Bucklo no longer assigned to the case. Signed by Executive Committee on 9/5/23.(gcy, ) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21004556. (Amara, Abou) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20984424. (Nordin, Daniel) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-20984374. (Gustafson, Daniel) [Transferred from Illinois Northern on 1/10/2024.] |
| SUMMONS Issued as to Defendants Bank of America Corporation, Bank of America N.A. (mek) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 2 ATTORNEY Appearance for Plaintiff Robert Schak by Kara Anne Elgersma (Elgersma, Kara) [Transferred from Illinois Northern on 1/10/2024.] |
| Filing 1 COMPLAINT Plaintiffs' Class Action Complaint filed by Robert Schak; Jury Demand. Filing fee $ 402, receipt number AILNDC-20970000. (Attachments: #1 Civil Cover Sheet)(Elgersma, Kara) [Transferred from Illinois Northern on 1/10/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mcp, ) [Transferred from Illinois Northern on 1/10/2024.] |
| CASE ASSIGNED to the Honorable Elaine E. Bucklo. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. Case assignment: Random assignment. (mcp, ) [Transferred from Illinois Northern on 1/10/2024.] |
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