Woodard v. Boeing Employees Credit Union et al
| Noel Woodard |
| Boeing Employees Credit Union, Kaye-Smith Enterprises Inc and Does 1-100 |
| Richard Smith |
| 3:2023cv01165 |
| August 9, 2023 |
| U.S. District Court for the District of Oregon |
| Portland (3) Office |
| Jeff Armistead |
| Personal Injury: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Both |
Docket Report
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| Filing 71 Notice of Appearance of Laura Grace Van Note, Mark Hilliard appearing on behalf of Noel Woodard. Filed by on behalf of Noel Woodard. (Van Note, Laura) |
| Filing 70 Notice of Attorney Withdrawal: Timothy W. Emery, Scott E. Cole and Cody A. Bolce Filed by Noel Woodard. (Van Note, Laura) |
| Filing 69 Notice of Attorney Substitution: Timothy J. Repass is substituted as counsel of record in place of Attorney Kellan W Byrne . Filed by on behalf of Kaye-Smith Enterprises Inc. (Repass, Timothy) |
| Filing 68 Notice of Attorney Withdrawal (via email) by Attorney Christopher T. Wion. (pjg) |
| Filing 67 Clerk's Notice of Mailing and emailing regarding Order 65 to Attorneys Christopher T. Tion, Cody Alexander Bolce, Kellan W. Byrne, Mark J. Hilliard, Scott Edward Cole, Timothy W. Emery. (pjg) |
| Filing 66 Clerk's Notice of Mailing and emailing regarding Order 65 to Attorneys Cody Alexander Bolce, Scott Edward Cole, Christopher T. Wion, Kellan W. Byrne, Timothy W. Emery, Mark J. Hilliard. (pjg) |
Filing 65
ORDER: A Notice to Non-Admitted Counsel 50 was filed on 8/9/2023. On 9/11/2023, the court directed any non-admitted counsel to comply with that Notice 62 . To date, the following counsel have not complied with Local Rule 83 and are directed to comply by September 29, 2023: Plaintiffs counsel: Attorneys Mark J. Hilliard, Timothy W. Emery, Intervenor Plaintiffs counsel: Attorney Ari Y. Brown; Defendants' counsel: Attorneys Christopher T. Wion, Timothy J. Repass, Kellan W. Byrne. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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Filing 64
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #63 for Attorney Laura Grace Van Note. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 63 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Laura Grace Van Note. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9089358. Filed by Noel Woodard. (Van Note, Laura) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Laura Grace Van Note. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9089358 #63 : Reviewed and Ready for Ruling. (dino) |
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Filing 62
Scheduling Order: The court directs any non-admitted counsel to file a Motion for Leave to Appear Pro Hac Vice and obtain local counsel as set forth in the NOTICE TO NON-ADMITTED COUNSEL 50 by 9/20/2023. Once that is accomplished, a status conference will be set to address the status of the case and any motions that were stayed before this case was transferred to our district. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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Filing 61
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #59 filed by Attorney Timothy D. Shea. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 60 Notice of Correction by Clerk regarding #59 Motion for Leave to Appear Pro Hac Vice. A Clerical error has been discovered in the case record: The case number on the PDF did not match the case in which it was filed. The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect one. The Notice of Electronic Filing (NEF) will be regenerated to all parties. (cw) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Timothy D Shea. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9066567 #59 : Reviewed and Ready for Ruling. (dino) |
| Filing 59 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Timothy D Shea. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9066567. Filed by Kaye-Smith Enterprises Inc. (Repass, Timothy) Modified on 8/31/2023 to correct attorney requesting Pro Hac Vice admission (dino). (Main Document 59 replaced on 9/1/2023) (cw). |
| Filing 58 Notice of Appearance of Timothy J. Repass appearing on behalf of Kaye-Smith Enterprises Inc . Filed by on behalf of Kaye-Smith Enterprises Inc. (Repass, Timothy) |
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Filing 57
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #56 for Attorney Amber Thomson. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 56 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amber Thomson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9063356. Filed by Boeing Employees Credit Union. (Thomson, Amber) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amber Thomson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9063356 #56 : Reviewed and Ready for Ruling. (dino) |
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Filing 55
ORDER: Granting Motion for Leave to Appear Pro Hac Vice #54 for attorney Marcus A. Christian. Ordered by Magistrate Judge Jeff Armistead. (pjg)
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| Filing 54 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Marcus A Christian. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9045736. Filed by Boeing Employees Credit Union. (Christian, Marcus) |
| Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Marcus A Christian. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9045736 #54 : Reviewed and Ready for Ruling. (dino) |
| Filing 53 Answer to Complaint following a Notice of Removal (Related Doc. #1 ) with Jury Demand . Filed by Boeing Employees Credit Union. (Kampars, Nicholas) |
| Filing 52 Notice of Appearance of Nicholas A. Kampars appearing on behalf of Boeing Employees Credit Union. Filed by on behalf of Boeing Employees Credit Union. (Kampars, Nicholas) |
| Filing 51 Notice of Case Assignment: This case is assigned to Magistrate Judge Jeff Armistead. (eo) |
| Filing 50 NOTICE TO NON-ADMITTED COUNSEL: This case has been transferred to the U.S. District Court for the District of Oregon from the District of Western District of Washington. Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by #LR 83, and information about the admissions process is available on the #admissions page of the Court website. (eo) |
| Filing 49 Case transferred in from District of Washington Western; Case Number 2:23-cv-00033. Electronic file received. |
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Filing 48
MINUTE ORDER: The Court has STAYED consideration of all currently pending motions in this matter. After this case is assigned to a judge in the District of Oregon, the parties may contact the newly assigned judge to establish a briefing schedule on the currently pending motions (Dkt. Nos. #44 , #45 ). The Court directs the Clerk to transfer this case immediately to the District of Oregon. Authorized by Judge Jamal N Whitehead. (SB) [Transferred from Washington Western on 8/9/2023.]
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| Case transferred to the District of Oregon by electronic case transfer on 8/9/2022. (SB) [Transferred from Washington Western on 8/9/2023.] |
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Filing 47
ORDER granting Defendant's #29 Motion for Leave for Limited Intervention to Transfer or Stay Action. Smith is GRANTED limited intervention pursuant to Fed. R. Civ. P. 24(b)(1)(b). Woodard's case and all pending motions are TRANSFERRED to the District of Oregon. Signed by Judge Jamal N Whitehead. (SB) [Transferred from Washington Western on 8/9/2023.]
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Filing 46
ORDER granting in part and denying in part Defendant's #9 Motion to Dismiss. Plaintiff's implied contract and unjust enrichment claims against BECU are dismissed with prejudice, but her CPA claims survives BECU's motion. Signed by Judge Jamal N Whitehead. (SB) [Transferred from Washington Western on 8/9/2023.]
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| Filing 45 MOTION to Stay Proceedings, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 8/18/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 44 MOTION to Dismiss , filed by Defendant Kaye-Smith Enterprises Inc. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 8/4/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 43 NOTICE of Change of Address/Change of Name of Attorney Laura Van Note. Filed by Plaintiff Noel Woodard. (Van Note, Laura) [Transferred from Washington Western on 8/9/2023.] |
| Filing 42 STATUS REPORT Re. Mediation by Defendant Kaye-Smith Enterprises Inc (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
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Filing 41
ORDER granting Parties' #40 Fourth Stipulated MOTION re Discovery & Response Deadline. The deadlines for exchanging initial disclosures and filing pleadings responsive to the complaint are stayed as to Kaye-Smith Enterprises Inc. until after the mediation has been held. The parties are directed to confirm whether they have selected a mediator and to provide the Court with their confirmed mediation date by 6/23/2023. In the event mediation is not successful, Kaye-Smith's response to the complaint is due within five (5) business days following mediation. Signed by Judge Jamal N Whitehead. (SB) [Transferred from Washington Western on 8/9/2023.]
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| Filing 40 Fourth Stipulated MOTION Re. Discovery & Response Deadline, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 6/12/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
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Filing 39
ORDER granting Parties' #38 Third Stipulated MOTION Re. Discovery & Response Deadline. The Initial Disclosure Deadline is 6/14/2023, and Responsive Briefs are due by 6/14/2023. Signed by Judge Jamal N Whitehead. (SS) (Main Document 39 replaced on 6/2/2023 with correct PDF) (SB). [Transferred from Washington Western on 8/9/2023.]
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| Filing 38 Third Stipulated MOTION Re. Discovery & Response Deadline, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 5/26/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 37 REPLY, filed by Intervenor Plaintiff Richard Smith, TO RESPONSE to #29 MOTION to Intervene Limited Intervention and to Transfer or Stay This Action (Brown, Ari) [Transferred from Washington Western on 8/9/2023.] |
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Filing 36
ORDER granting Parties' #32 Second Stipulated MOTION Re Discovery & Response Deadline. The deadlines for exchanging initial disclosures and filing pleadings responsive to the complaint are extended as to Kaye-Smith Enterprises Inc. by 30 days to 5/31/2023. Signed by Judge Jamal N Whitehead. (SS) [Transferred from Washington Western on 8/9/2023.]
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| Filing 35 RESPONSE, by Defendant Boeing Employees Credit Union, to #29 MOTION to Intervene Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Noel Woodard(pty:pla). (Wion, Christopher) Modified docket text on 5/9/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Filing 34 RESPONSE, by Plaintiff Noel Woodard, to #29 MOTION to Intervene Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Noel Woodard(pty:pla). (Bolce, Cody) Modified docket text on 5/9/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Filing 33 RESPONSE, by Defendant Kaye-Smith Enterprises Inc, to #29 MOTION to Intervene Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Noel Woodard(pty:pla). (Shea, Timothy) Modified docket text on 5/9/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Filing 32 Second Stipulated MOTION Re. Discovery & Response Deadline, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 4/21/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 31 NOTICE that the following is RE-NOTED: #29 MOTION to Intervene Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Noel Woodard(pty:pla). Filed by Intervenor Plaintiff Richard Smith Noel Woodard. Noting Date 5/12/2023, (Heenan, John) Modified Parties on 4/21/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Filing 30 EXHIBIT A re #29 MOTION to Intervene Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Noel Woodard(pty:pla) by Intervenor Plaintiff Richard Smith Noel Woodard (Brown, Ari) Modified Parties on 4/21/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Noting Date Set/Reset re #29 MOTION to Intervene Limited Intervention and to Transfer or Stay This Action; Noting Date 4/28/2023 (MJV) [Transferred from Washington Western on 8/9/2023.] |
| Filing 29 MOTION to Intervene Limited Intervention and to Transfer or Stay This Action Attorney Ari Y Brown added to party Richard Smith(intvp:pty) Noel Woodard(pty:pla), filed by Intervenor Plaintiff Richard Smith Noel Woodard. (Attachments: #1 Proposed Order) Noting Date 5/12/2023 4/28/2023 4/13/2023, (Brown, Ari) Modified Noting Date on 4/14/2023 (MJV). Modified Noting Date and Parties on 4/21/2023 (MJV). [Transferred from Washington Western on 8/9/2023.] |
| Case Reassigned to Judge Jamal N. Whitehead. Judge Robert S. Lasnik no longer assigned to the case. (VE) [Transferred from Washington Western on 8/9/2023.] |
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Filing 28
ORDER re Parties' #27 Stipulated MOTION Re. Discovery & Response Deadline. The discovery deadlines, including initial disclosures, pre-trial deadlines, including deadlines to respond to the complaint, are extended as to Kaye-Smith by 45 days from March 16, 2023 to May 1, 2023. The parties further stipulate that Plaintiff shall have an additional 30 days to respond to a FRCP 12(b) motion from Kaye-Smith, if any. Signed by Judge Robert S. Lasnik. (LH) [Transferred from Washington Western on 8/9/2023.]
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| Filing 27 Stipulated MOTION Re. Discovery & Response Deadline, filed by Defendant Kaye-Smith Enterprises Inc. (Attachments: #1 Proposed Order) Noting Date 3/29/2023, (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Attorney Kellan W Byrne added for Kaye-Smith Enterprises Inc; per #25 Notice of Appearance (LH) [Transferred from Washington Western on 8/9/2023.] |
| Filing 26 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Kaye-Smith Enterprises Inc. (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 25 NOTICE of Appearance by attorney Timothy D Shea on behalf of Defendant Kaye-Smith Enterprises Inc. (Shea, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 24 SERVICE OF SUMMONS and Complaint returned executed upon defendant Kaye-Smith Enterprises Inc on 2/12/2023 (Bolce, Cody) [Transferred from Washington Western on 8/9/2023.] |
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Filing 23
ORDER re #18 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Scott Edward Cole for Plaintiff Noel Woodard by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) [Transferred from Washington Western on 8/9/2023.]
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Filing 22
ORDER granting Defendant's #14 Motion to Stay Discovery. Discovery is hereby STAYED as to BECU. Signed by Judge Robert S. Lasnik. (LH) [Transferred from Washington Western on 8/9/2023.]
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| Filing 21 REPLY, filed by Defendant Boeing Employees Credit Union, TO RESPONSE to #9 MOTION to Dismiss the Complaint (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 20 RESPONSE, by Plaintiff Noel Woodard, to #9 MOTION to Dismiss the Complaint. (Bolce, Cody) [Transferred from Washington Western on 8/9/2023.] |
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Filing 19
ORDER re #17 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Cody Alexander Bolce for Plaintiff Noel Woodard by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) [Transferred from Washington Western on 8/9/2023.]
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| Filing 18 APPLICATION OF ATTORNEY Scott Edward Cole FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Noel Woodard (Fee Paid) Receipt No. AWAWDC-7887359 (Emery, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 17 APPLICATION OF ATTORNEY Cody Alexander Bolce FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Noel Woodard (Fee Paid) Receipt No. AWAWDC-7887349 (Emery, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 16 NOTICE of Appearance by attorney Timothy W Emery on behalf of Plaintiff Noel Woodard. (Emery, Timothy) [Transferred from Washington Western on 8/9/2023.] |
| Filing 15 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 10. (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 14 MOTION to Stay Discovery, filed by Defendant Boeing Employees Credit Union. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 2/17/2023, (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
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Filing 13
ORDER denying Plaintiff's #11 Motion for Limited Exemption from Local Counsel Rule. Signed by Judge Robert S. Lasnik. (LH) [Transferred from Washington Western on 8/9/2023.]
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| Filing 12 NOTICE that the following is RE-NOTED: #9 MOTION to Dismiss the Complaint. Filed by Defendant Boeing Employees Credit Union. Noting Date 2/24/2023, (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 11 MOTION FOR LIMITED EXCEPTION FROM LOCAL COUNSEL RULE re APPLICATION OF ATTORNEY Mark J. Hilliard FOR LEAVE TO APPEAR PRO HAC VICE of Scott Edward Cole and Cody Bolce for Plaintiff Noel Woodard (Fee Paid) Receipt No. AWAWDC-7856207 (Hilliard, Mark) Modified on 1/23/2023 correct title of document and Pro Hac attorney names (CDA). [Transferred from Washington Western on 8/9/2023.] |
| Filing 10 DECLARATION of Christopher T. Wion filed by Defendant Boeing Employees Credit Union re #9 MOTION to Dismiss the Complaint (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 9 MOTION to Dismiss the Complaint, filed by Defendant Boeing Employees Credit Union. Oral Argument Requested. (Attachments: #1 Proposed Order) Noting Date 2/24/2023 2/10/2023, (Wion, Christopher) Modified noting date on 1/30/2023, per #12 Notice (LH). [Transferred from Washington Western on 8/9/2023.] |
| Filing 8 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Noel Woodard (Hilliard, Mark) [Transferred from Washington Western on 8/9/2023.] |
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Filing 7
ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT signed by Judge Robert S. Lasnik. Joint Status Report due by 2/8/2023. (VE) [Transferred from Washington Western on 8/9/2023.]
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| Filing 6 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. JURY DEMAND - properly submitted state court jury demand on file (RE) [Transferred from Washington Western on 8/9/2023.] |
| Judge Robert S. Lasnik added. (RE) [Transferred from Washington Western on 8/9/2023.] |
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Filing 5
ORDER re #4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Marcus A Christian for Defendant BECU by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC) [Transferred from Washington Western on 8/9/2023.]
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| Filing 4 APPLICATION OF ATTORNEY Marcus A. Christian FOR LEAVE TO APPEAR PRO HAC VICE for Defendant BECU (Fee Paid) Receipt No. AWAWDC-7842949 (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by BECU (Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 2 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Defendant BECU (Attachments: #1 Exhibit State Records)(Wion, Christopher) [Transferred from Washington Western on 8/9/2023.] |
| Filing 1 NOTICE OF REMOVAL with State Court JURY DEMAND by Plaintiff indicated in Complaint; from King County Superior Court, case number 22-2-17671-7 SEA; (Receipt # AWAWDC-7839162), filed by BECU. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(Wion, Christopher) (Attachment 2 replaced on 1/11/2023 due to malformed PDF) (CDA). [Transferred from Washington Western on 8/9/2023.] |
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