LANNING v. WELLS FARGO BANK, N.A.
| Michael Lanning and Marcia Francis |
| WELLS FARGO BANK N.A. |
| 2:2023cv00568 |
| April 5, 2023 |
| US District Court for the Western District of Pennsylvania |
| Robert J Colville |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Other |
| None |
Docket Report
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This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.
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Filing 73
Order of Consolidation. This case is consolidated with 19-587, the lead case. All pleadings, Motions and other papers hereafter filed shall be filed at 19-587. The Clerk of Court shall mark this case closed. Signed by Judge Robert J. Colville on 4/10/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (tk)
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| Filing 72 Case transferred in from District of New York Southern; Case Number 1:20-cv-02055. Original file certified copy of transfer order and docket sheet received. |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York Case Number 1:20-cv-02055 to the United States District Court - Western District of Pennsylvania.(ama) Modified text on 4/6/2023. (cel) |
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Filing 71
ORDER: granting #68 Motion to Transfer Case. it is ORDERED that the motion is GRANTED. IT IS FURTHER ORDERED that this action is TRANSFERRED to the UnitedStates District Court for the Western District of Pennsylvania. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/29/2023) (ama) Transmission to Office of the Clerk of Court for processing.
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| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #70 Proposed Order was reviewed and approved as to form. (km) |
| Filing 70 PROPOSED ORDER. Document filed by Marcia Francis, Michael Lanning. Related Document Number: #68 ..(Schaffer, Brian) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 69 MEMORANDUM OF LAW in Support re: #68 MOTION to Transfer Case (Unopposed). . Document filed by Marcia Francis, Michael Lanning..(Schaffer, Brian) |
| Filing 68 MOTION to Transfer Case (Unopposed). Document filed by Marcia Francis, Michael Lanning..(Schaffer, Brian) |
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Filing 67
SECOND AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: granting #66 Letter Motion for Extension of Time. The following Second Amended Civil Case Management Plan and Schedule is adopted. This second amended plan amends the First Amended Civil Case Management Plan and Schedule entered on July 19, 2022 (Dkt. No. 64). This second amended plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure. Discovery relating to the merits of any named plaintiff's claims and discovery relevant to proving the elements of Rule 23 shall be commenced in time to be completed by November 3, 2023. Plaintiffs' expert report(s) in connection with class certification shall be filed by July 10, 2023. Plaintiffs' experts are to be deposed by August 10, 2023. Defendant's expert report(s) in connection with class certification shall be filed by September 11, 2023. Defendant's experts are to be deposed by October 11, 2023. Plaintiffs' class certification motion shall be filed by November 3, 2023. The motion is returnable before Judge Daniels and shall comply with his Individual Practices. Dispositive motions on the merits of the named plaintiffs' claims, if any, shall be filed by November 30, 2023. The motion is returnable before Judge Daniels and shall comply with his Individual Practices. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/31/2023) (ama)
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| Filing 66 JOINT LETTER MOTION for Extension of Time of Deadlines addressed to Magistrate Judge Gabriel W. Gorenstein from Timothy M. Watson dated January 31, 2023. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Text of Proposed Order Proposed Order - Second Amended Civil Case Management Plan and Schedule).(Watson, Timothy) |
| Set/Reset Deadlines: Deposition due by 10/11/2023. Discovery due by 11/3/2023. Expert Discovery due by 9/11/2023. Motions due by 11/30/2023. (ama) |
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Filing 65
MEMO ENDORSEMENT: on re: #63 Letter filed by Wells Fargo Bank, N.A. ENDORSEMENT: Until a class is certified, the only discovery permitted is discovery relating to the merits of any named plaintiff's claims and discovery relevant to proving the elements of Rule 23. Following any decision on the motion for class certification, the Court will permit additional discovery as to the merits of any certified class or classes if such discovery was outside the limits of permitted discovery as stated herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/19/2022) (ama)
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Filing 64
FIRST AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULE: Amended Pleadings due by 8/26/2022. Joinder of Parties due by 8/26/2022. Plaintiffs experts are to be deposed by February 8, 2023. Plaintiffs class certification motion shall be filed by May 3, 2023. Dispositive motions due by 5/31/2023. Deposition due by 4/10/2023. Discovery due by 5/3/2023. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/19/22) (yv)
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| Filing 63 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Timothy M. Watson dated July 18, 2022 re: Proposed Case Management Plan. Document filed by Wells Fargo Bank, N.A...(Watson, Timothy) |
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Filing 62
ORDER re: #61 Proposed Case Management Plan filed by Michael Lanning, Marcia Francis. It appears that the parties' proposed discovery plan (Docket # 61) contains deadlines for the completion of fact discovery (paragraph 3) and expert discovery (paragraph 4), as well as the filing of dispositive motions (paragraph 6). The parties are directed to file a letter explaining why there is a need for the Court to schedule, after the decision on any class certification motion, "(a) a deadline to complete additional fact discovery and/or additional discovery, if any; (b) deadlines for the filing of dispositive motions prior to trial" as stated in paragraph 7. The letter shall be filed on or before July 18, 2022. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/11/2022) (kv)
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| Filing 61 PROPOSED CASE MANAGEMENT PLAN. Document filed by Marcia Francis, Michael Lanning..(Schaffer, Brian) |
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Filing 60
MEMO ENDORSEMENT: on re: #59 Letter filed by Michael Lanning, Marcia Francis. ENDORSEMENT: Extension to July 8, 2022, Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/02/2022) (ama)
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| Filing 59 JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Brian S. Schaffer dated June 1, 2022 re: Status Update. Document filed by Marcia Francis, Michael Lanning..(Schaffer, Brian) |
| Filing 58 NOTICE OF APPEARANCE by Frank Joseph Mazzaferro on behalf of Marcia Francis, Michael Lanning..(Mazzaferro, Frank) |
| Filing 57 MEMO ENDORSEMENT on re: #56 Letter, filed by Michael Lanning, Marcia Francis. ENDORSEMENT: The discovery deadlines are extended sine die. The parties shall file a letter to the undersigned by June 2, 2022, on the status of settlement and propose at that time a new discovery schedule (if needed). (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/8/2022) (ate) |
| Filing 56 JOINT LETTER addressed to Judge George B. Daniels from Brian S. Schaffer dated March 7, 2022 re: Request for Extension of Discovery Deadline. Document filed by Marcia Francis, Michael Lanning. (Attachments: #1 Text of Proposed Order).(Schaffer, Brian) |
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Filing 55
ORDER granting #26 Motion to Appoint Counsel. The Court has considered the motion for appointment of interim class counsel pursuant to Rule 23(g)(3) of the Federal Rules of Civil Procedure filed by counsel for plaintiffs Michael Lanning and Marcia Francis (Docket # 26). There has been no other application for appointment and no opposition has been filed to the motion, notwithstanding notice to counsel in a similar suit (Docket # 52, 54). The Court finds that the proposed attorneys are experienced, qualified to handle employment class actions, and satisfy the criteria listed in Fed. R. Civ. P. 23(g)(1)(A). For the reasons set forth in the memorandum of law accompanying the motion, the Court grants the motion (Docket # 26). Accordingly, Dana Marie Cimera and Brian Scott Schaffer of the law firm Fitapelli & Schaffer, LLP, and Joseph H. Chivers of The Employment Rights Group, LLC are appointed co-interim class counsel pursuant to Fed. R. Civ. P. 23(g)(3). SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/24/2021) (va)
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| Filing 54 CERTIFICATE OF SERVICE of Plaintiffs Motion for Interim Class Counsel (ECF Nos. 26-27), Notice of Supplemental Authority (ECF No. 33), Plaintiffs Letter to Honorable George B. Daniels (ECF No. 46), and the Courts Order dated November 16, 2021 (ECF No. 52) served on Rhonda H. Wills on November 18, 2021. Document filed by Marcia Francis, Michael Lanning..(Cimera, Dana) |
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Filing 53
ORDER: The above-referenced action has been referred to the undersigned for general pre-trial purposes. See 28 U.S.C. 636(b)(1)(A). All pre-trial applications, including those relating to scheduling and discovery, shall be made to the undersigned (except motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification). All applications must comply with this Court's Individual Practices, which are available through the Clerk's Office or at: https://nysd.uscourts.gov/hon-gabriel-w-gorenstein. The parties should write to the Court at any time that they wish to participate in Court- sponsored mediation. All discovery (as well as requests initiated in time to be concluded by the deadline for all discovery. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/16/2021) (ama)
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Filing 52
ORDER: Before the Court is plaintiff's Motion for Appointment of Interim Class Counsel Pursuant to Fed. R. Civ. P. 23(g). (Docket # 26). The Court has been informed that there is another action being litigated in this district, Lau v. Wells Fargo & Company, 20 Civ. 3870, which is proceeding on a complaint that alleges a putative class action that overlaps to some degree with the claims in this case. Because of this overlap in the two actions, the Court will provide counsel for the Lau plaintiff with an opportunity to oppose plaintiff's motion for appointment of interim class counsel. Any opposition by the Lau plaintiff shall be filed by November 23, 2021. Plaintiff's counsel is directed to provide a copy of this order to the counsel for the plaintiff in Lau and to file proof of service with this Court. SO ORDERED., ( Responses due by 11/23/2021) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/16/2021) (ama)
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| Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Telephone Conference held on 11/16/2021. The form to order the transcript from a telephonic conference may be obtained from: https://www.nysd.uscourts.gov/forms/electronic-court-recording-transcript-request-form-ecr (cf) |
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Filing 51
ORDER: A telephone conference in this matter shall take place on November 16, 2021, at 10:30 a.m. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitted only to listen.) When dialing in to the conference, the parties must be in a quiet location, must not be outdoors or in a vehicle, and must not use a speakerphone. The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. And as set forth herein. SO ORDERED., ( Telephone Conference set for 11/16/2021 at 10:30 AM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/12/2021) (ama)
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Filing 50
AMENDED ORDER OF REFERENCE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). and Specific Non-Dispositive Motions/Dispute: Motion to Appoint Class Counsel (ECF No. 26). Referred to Magistrate Judge Gabriel W. Gorenstein. SO ORDERED. Motions referred to Gabriel W. Gorenstein. (Signed by Judge George B. Daniels on 11/09/2021) (ama)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gabriel W. Gorenstein. Please note that this is a reassignment of the designation only..(wb) |
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Filing 49
ORDER re: #48 Proposed Order for Withdrawal of Attorney filed by Wells Fargo Bank, N.A. Gina Merrill, Esq. ("Merrill") submitted a proposed order, Docket Entry No.48, which, if endorsed by the Court, would permit her to withdraw as counsel to the defendant. Local Civil Rule 1.4 of this court explains that satisfactory reasons for the requested withdrawal by counsel to a party must be presented to the Court, via affidavit or other means, before the Court may issue an order of withdrawal. Merrill failed to provide any reason for her request to withdraw as defendant's counsel. Therefore, the request that Court endorse the withdrawal order appearing at Docket Entry No. 48 is denied. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/13/2021) (va)
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| Filing 48 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Wells Fargo Bank, N.A...(Merrill, Gina) |
| Filing 47 NOTICE OF APPEARANCE by Matthew James Gagnon on behalf of Wells Fargo Bank, N.A...(Gagnon, Matthew) |
| Filing 46 LETTER addressed to Judge George B. Daniels from Brian S. Schaffer dated August 23, 2021 re: Plaintiffs Motion for Appointment of Interim Class Counsel. Document filed by Marcia Francis, Michael Lanning..(Schaffer, Brian) |
| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 5/13/2021. (Potter, Elizabeth) |
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Filing 45
ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above-captioned action on May 13, 2021, at 3:00 p.m. All parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 5/13/2021 at 03:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/10/2021) (va)
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Filing 44
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement), Specific Non-Dispositive Motion/Dispute: April 30, 2021 Joint Discovery Dispute Letter (ECF No 42). Referred to Magistrate Judge Kevin Nathaniel Fox. Motions referred to Kevin Nathaniel Fox. (Signed by Judge George B. Daniels on 5/3/2021) (mro)
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Filing 43
ORDER: The initial conference scheduled to occur on May 5, 2021 at 9:45 a.m. is hereby cancelled in light of this Court's referral to Magistrate Judge Fox for General Pretrial and Specific Non-Dispositive Motion/Dispute. (Signed by Judge George B. Daniels on 5/3/2021) (mro)
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| Filing 42 JOINT LETTER addressed to Judge George B. Daniels from Brian S. Schaffer & Timothy M. Watson dated April 30, 2021 re: Discovery Dispute. Document filed by Marcia Francis, Michael Lanning..(Schaffer, Brian) |
| Filing 41 MEMO ENDORSEMENT on re: #40 Letter filed by Wells Fargo Bank, N.A. ENDORSEMENT: The status conference set for April 28, 2021 at 9:45 a.m. is adjourned to May 5, 2021 at 9:45 a.m. ( Status Conference set for 5/5/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 4/27/2021) (mro) |
| Filing 40 LETTER addressed to Judge George B. Daniels from Timothy M. Watson dated April 26, 2021 re: Status Conference. Document filed by Wells Fargo Bank, N.A...(Watson, Timothy) |
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Filing 39
ORDER: The status conference scheduled for April 21, 2021 is adjourned to April 28, 2021 at 9:45 am. So Ordered. (Status Conference set for 4/28/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 4/19/2021) (js)
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| Filing 38 LETTER addressed to Judge George B. Daniels from Timothy M. Watson dated April 16, 2021 re: Status Conference. Document filed by Wells Fargo Bank, N.A...(Watson, Timothy) |
| Filing 37 LETTER addressed to Judge George B. Daniels from Timothy M. Watson dated April 16, 2021 re: Status Conference. Document filed by Wells Fargo Bank, N.A...(Watson, Timothy) |
| Filing 36 LETTER addressed to Judge George B. Daniels from Brian S. Schaffer dated April 15, 2021 re: Status Conference. Document filed by Marcia Francis, Michael Lanning..(Schaffer, Brian) |
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Filing 35
MEMO ENDORSEMENT on dkt #36 . ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 4/5/2021) (ks) Modified on 4/7/2021 (ks).
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| Filing 34 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Wells Fargo Bank, N.A...(Dabashi, Kaveh) |
| Filing 33 NOTICE of Supplemental Authority re: #26 MOTION to Appoint Counsel .. Document filed by Marcia Francis, Michael Lanning. (Attachments: #1 Exhibit A - Decision in Bruno v. Wells Fargo).(Schaffer, Brian) |
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Filing 32
ORDER granting #31 Motion to Adjourn Conference. The status conference is adjourned from March 3, 2021 to April 21, 2021 at 9:45 a.m. The Clerk of Court is directed to close the letter motion at ECF No. 31. SO ORDERED.. (Signed by Judge George B. Daniels on 3/1/2021) Status Conference set for 4/21/2021 at 09:45 AM before Judge George B. Daniels. (ks)
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| Filing 31 JOINT LETTER MOTION to Adjourn Conference scheduled for March 3, 2021 addressed to Judge George B. Daniels from Gina R. Merrill dated February 25, 2021. Document filed by Wells Fargo Bank, N.A...(Merrill, Gina) |
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Filing 30
RULE 502(d) ORDER: The production of privileged or work-product protected documents, electronically stored information ("ESI") or other information, whether inadvertent or otherwise, is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502(d). Nothing contained herein is intended to or shall serve to limit a party's right to conduct a review of documents, ESI or other information (including metadata) for relevance, responsiveness and/or segregation of privileged and/or protected information before production. SO ORDERED. (Signed by Judge George B. Daniels on 2/4/2021) (ks)
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Filing 29
AGREED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: #28 JOINT MOTION for Protective Order Joint Motion for Entry of Agreed Protective Order and Order Implementing Federal Rule of Evidence 502(d). filed by Wells Fargo Bank, N.A.. SO ORDERED. (Signed by Judge George B. Daniels on 2/4/2021) (ks)
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| Filing 28 JOINT MOTION for Protective Order Joint Motion for Entry of Agreed Protective Order and Order Implementing Federal Rule of Evidence 502(d). Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Agreed Protective Order, #2 Rule 502(d) Order).(Merrill, Gina) |
| Filing 27 MEMORANDUM OF LAW in Support re: #26 MOTION to Appoint Counsel . . Document filed by Marcia Francis, Michael Lanning. (Attachments: #1 Text of Proposed Order).(Schaffer, Brian) |
| Filing 26 MOTION to Appoint Counsel . Document filed by Marcia Francis, Michael Lanning..(Schaffer, Brian) |
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Filing 25
ORDER: The initial conference scheduled for November 4, 2020 at 9:30 am is canceled. SO ORDERED. (Signed by Judge George B. Daniels on 10/29/2020) (ama)
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Filing 24
CIVIL CASE MANAGEMENT PLAN AND SCHEDULE: No additional parties may be joined after January 4, 2021, except with leave of the Court. No amendment to the pleadings will be permitted after January 4, 2021. Except for good cause shown, all discovery shall be commenced in time to be completed by May 10, 2022. A final pretrial conference will be held 7/6/2022 at 9:45 a.m. The Joint Pretrial Order shall be filed no later than July 1, 2022. The parties shall be ready for trial within 48 hours notice on or after September 6, 2022. The estimated trial time is 7-10 days, and this is a nonjury trial. A Status Management Conference will be held on 3/3/2021 at 9:45 a.m. (As further set forth in this Order.) Amended Pleadings due by 1/4/2021. Joinder of Parties due by 1/4/2021. Discovery due by 5/10/2022. Final Pretrial Conference set for 7/6/2020 at 09:45 AM before Judge George B. Daniels. Status Conference set for 3/3/2021 at 09:45 AM before Judge George B. Daniels. Pretrial Order due by 7/1/2022. Ready for Trial by 9/6/2022. (Signed by Judge George B. Daniels on 10/28/2020) (cf)
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| Filing 23 PROPOSED CASE MANAGEMENT PLAN. Document filed by Wells Fargo Bank, N.A...(Watson, Timothy) |
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Filing 22
ORDER denying as moot #8 Motion to Dismiss: Defendant's motion to dismiss dated May 11, 2020, (ECF No. 8), is DENIED as moot, because Plaintiffs subsequently filed an amended complaint, (ECF No. 15), to which Defendant has filed an answer. (Signed by Judge George B. Daniels on 10/15/2020) (jwh)
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Filing 21
ORDER: The initial conference is adjourned from September 16, 2020 to November 4, 2020 at 9:30 am. Initial Conference set for 11/4/2020 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 9/8/2020) (cf)
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE: granting #19 Motion for Joseph H. Chivers to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 6/29/2020) (nb)
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| Filing 19 MOTION for Joseph H. Chivers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20401760. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Marcia Francis, Michael Lanning. (Attachments: #1 Affidavit, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Chivers, Joseph) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Joseph H. Chivers to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20401760. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) |
| Filing 18 ANSWER to #15 Amended Complaint. Document filed by Wells Fargo Bank, N.A...(Watson, Timothy) |
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Filing 17
ORDER: The initial conference is adjourned from June 17, 2020 to September 16, 2020 at 9:30 am. (Initial Conference set for 9/16/2020 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/8/2020) (rro)
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Filing 16
ORDER GRANTING PRO HAC VICE ADMISSION ON WRITTEN MOTION granting #12 Motion for Timothy M. Watson to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 5/28/2020) (jwh)
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| Filing 15 FIRST AMENDED COMPLAINT amending #14 Amended Complaint, against Wells Fargo Bank, N.A..Document filed by Michael Lanning, Marcia Francis. Related document: #14 Amended Complaint,..(Schaffer, Brian) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Brian Scott Schaffer to RE-FILE Document No. #14 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title reads "Class Action Complaint". Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 14 FILING ERROR - DEFICIENT PLEADING - PDF ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against Wells Fargo Bank, N.A..Document filed by Michael Lanning, Marcia Francis. Related document: #1 Complaint..(Schaffer, Brian) Modified on 5/27/2020 (pc). |
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Filing 13
ORDER GRANTING DEFENDANT'S MOTION FOR ADMISSION OF COUNSEL PRO HAC VICE granting #11 MOTION for John P. Phillips to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 5/21/2020) (jca)
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| Filing 12 MOTION for Timothy M. Watson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19930795. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit of Timothy Watson in Support, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order).(Watson, Timothy) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Timothy M. Watson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19930795. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 11 MOTION for John P. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19873941. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Wells Fargo Bank, N.A.. (Attachments: #1 Affidavit of John P. Phillips in Support, #2 Exhibit A - Certificates of Good Standing, #3 Proposed Order).(Merrill, Gina) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for John P. Phillips to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19873941. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) |
| Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. Document filed by Wells Fargo Bank, N.A...(Merrill, Gina) |
| Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION to Dismiss Count IX of Plaintiff's Complaint. . Document filed by Wells Fargo Bank, N.A...(Merrill, Gina) |
| Filing 8 MOTION to Dismiss Count IX of Plaintiff's Complaint. Document filed by Wells Fargo Bank, N.A...(Merrill, Gina) |
| Filing 7 NOTICE OF APPEARANCE by Kaveh Dabashi on behalf of Wells Fargo Bank, N.A...(Dabashi, Kaveh) |
| Filing 6 NOTICE OF APPEARANCE by Gina Renee Merrill on behalf of Wells Fargo Bank, N.A...(Merrill, Gina) |
| Filing 5 WAIVER OF SERVICE RETURNED EXECUTED. Wells Fargo Bank, N.A. waiver sent on 3/12/2020, answer due 5/11/2020. Document filed by Michael Lanning..(Cimera, Dana) |
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Filing 4
INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/17/2020 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 3/12/2020) (jwh)
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| NOTICE OF CASE REASSIGNMENT to Judge George B. Daniels. Judge Mary Kay Vyskocil is no longer assigned to the case..(wb) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne) |
| Case Designated ECF. (pne) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Brian Scott Schaffer. The following case opening statistical information was erroneously selected/entered: Cause of Action code 28:1715; County code New York. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332; the County code has been modified to XX Out of State. (pne) |
| Filing 3 NOTICE OF APPEARANCE by Dana Marie Cimera on behalf of Michael Lanning..(Cimera, Dana) |
| Filing 2 CIVIL COVER SHEET filed..(Schaffer, Brian) |
| Filing 1 COMPLAINT against Wells Fargo Bank, N.A.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19038192)Document filed by Michael Lanning..(Schaffer, Brian) |
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