Van Der Hoek v. Ally Bank et al
| Frits Van Der Hoek |
| Ally Bank and Better Mortgage |
| 2:2021cv00320 |
| May 24, 2021 |
| US District Court for the District of Utah |
| David Barlow |
| Cecilia M Romero |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on November 2, 2021. A more recent docket listing may be available from PACER.
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Filing 32
REQUEST to Submit for Decision re #20 MOTION to Remand to 3rd District, Salt Lake County and Memorandum in Support filed by Plaintiff Frits Van Der Hoek. (Lang, Trevor)
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Filing 31
MEMORANDUM in Support re #20 MOTION to Remand to 3rd District, Salt Lake County and Memorandum in Support filed by Plaintiff Frits Van Der Hoek. (Lyons, Natalie)
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Filing 30
ORDER granting #29 Motion for Admission Pro Hac Vice of Attorney Natalie A. Lyons for Frits Van Der Hoek.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 07/07/2021. (jl)
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Filing 29
MOTION for Admission Pro Hac Vice of Natalie A. Lyons , Registration fee $ 250, receipt number AUTDC-4050110,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Frits Van Der Hoek. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Hull, Jason)
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Filing 28
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 07/06/21. (rep)
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Filing 27
ORDER granting #25 Motion for Leave to File Overlength Opposition to Plaintiff's Motion to Remand. Defendants may file their Opposition of approximately 24 pages. Signed by Judge David Barlow on 07/06/2021. (jl)
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Filing 26
MEMORANDUM in Opposition re #20 MOTION to Remand to 3rd District, Salt Lake County and Memorandum in Support filed by Defendant Better Mortgage. (Attachments: #1 Exhibit A - Supplemental Declaration of Juliet Leibon)(Sorenson, Amy)
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Filing 25
Ex Parte (Not Sealed) MOTION for Leave to File Overlength Opposition to #20 Plaintiff's Motion to Remand filed by Defendant Better Mortgage. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Overlength Opposition to Plaintiff's Motion to Remand)(Sorenson, Amy) Modified by correcting event and linking to #20 on 7/6/2021 (jl).
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Filing 24
ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney J. Gerard Stranch, IV for Frits Van Der Hoek.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 06/30/2021. (jl)
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Filing 23
MOTION for Admission Pro Hac Vice of J. Gerard Stranch, IV , Registration fee $ 250, receipt number AUTDC-4045149,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Frits Van Der Hoek. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission)(Hull, Jason)
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Filing 22
ORDER granting #21 Stipulated Motion for Extension of Time to File Oppositions to #18 , #19 Motions to Dismiss. Plaintiff Frits Van Der Hoek shall have up to and including 28 days after the filing of a reply memorandum in support of his Motion to Remand to file his opposition memoranda to the following motions: (1) Defendant Better Mortgage Corporation's Motion to Dismiss Complaint for Lack of Personal Jurisdiction and Failure to State a Claim; and (2) Defendant Ally Bank's Motion to Dismiss Plaintiff's Complaint. Signed by Judge David Barlow on 06/23/2021. (jl)
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Filing 21
Stipulated MOTION for Extension of Time to File Response/Reply as to #18 Defendant's MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim, #19 MOTION to Dismiss and Memorandum in Support to Dismiss Plaintiff's Complaint and Memorandum in Support filed by Plaintiff Frits Van Der Hoek. (Attachments: #1 Text of Proposed Order)(Hull, Jason)
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Filing 20
MOTION to Remand to 3rd District, Salt Lake County and Memorandum in Support filed by Plaintiff Frits Van Der Hoek. (Lang, Trevor)
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Filing 19
MOTION to Dismiss and Memorandum in Support to Dismiss Plaintiff's Complaint filed by Defendant Ally Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kearl, J.)
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Filing 18
Defendant's MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Defendant Better Mortgage. (Sorenson, Amy)
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Filing 17
ORDER granting #16 Motion for Admission Pro Hac Vice of Attorney Perry A. Napolitano for Ally Bank.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 06/01/2021. (jl)
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Filing 16
MOTION for Admission Pro Hac Vice of Perry A. Napolitano , Registration fee $ 250, receipt number AUTDC-4018861,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Ally Bank. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Kearl, J.)
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Filing 15
Modification of Docket: Error: Document is missing the Motion. Correction: Counsel will refile documents per conversation, document is stricken. re #12 MOTION for Admission Pro Hac Vice of Perry A. Napolitano . (jl)
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Filing 14
ORDER granting #13 Motion for Admission Pro Hac Vice of Attorney Justin J. Kontul for Ally Bank.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 06/01/2021. (jl)
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Filing 13
MOTION for Admission Pro Hac Vice of Justin J. Kontul , Registration fee $ 250, receipt number AUTDC-4018869,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Ally Bank. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Kearl, J.)
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Filing 12
***STRICKEN-DISREGARD*** MOTION for Admission Pro Hac Vice of Perry A. Napolitano , Registration fee $ 250, receipt number AUTDC-4018861,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Ally Bank. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Kearl, J.) Modified by terming motion and striking text as counsel will refile per conversation on 6/1/2021 (jl).
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Filing 11
CLERKS ORDER Granting #8 Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #2 Notice of Removal, signed by Anne Morgan. Answer deadline updated for Ally Bank: answer due 6/14/2021. (jl)
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Filing 10
NOTICE of Appearance by J. Derek Kearl on behalf of Ally Bank (Kearl, J.)
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Filing 9
CLERKS ORDER of Granting Extentsion of Time to Respond to Complaint signed by Anne Morgan, Chief Deputy, Answer deadline updated for Better Mortgage to 6/14/2021. Motions terminated: #7 MOTION for Extension of Time to File Answer filed by Better Mortgage. (alf)
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Filing 8
Ex Parte (Not Sealed) MOTION for Extension of Time to File Answer re #2 Notice of Removal, filed by Defendant Ally Bank. (Attachments: #1 Text of Proposed Order) Attorney Blaine J. Benard added to party Ally Bank(pty:dft)(Benard, Blaine)
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Filing 7
MOTION for Extension of Time to File Answer re #2 Notice of Removal, filed by Defendant Better Mortgage. (Attachments: #1 Text of Proposed Order Granting Ex Parte Motion for Extension of Time to Respond to Complaint)(Sorenson, Amy)
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Filing 6
File Received from 3rd District Court - Salt Lake County consisting of Docket Sheet, Complaint, Notice of Removal and applicable state court returns. (Attachments: #1 Complaint, #2 Return of Service Ally Bank, #3 Return of Service Better Mortgage Corp, #4 Notice of Removal). (jl)
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Filing 5
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney LYNN TO0PS, VESS MILLER, NATALIE LYONS and TYLER EWIGLEBEN, for Plaintiff Frits Van Der Hoek. (mh)
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Filing 4
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney J. GERARD STRANCH, IV, for Plaintiff Frits Van Der Hoek. (mh)
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Filing 3
NOTICE OF ADR, e-mailed or mailed to Defendant Better Mortgage, Plaintiff Frits Van Der Hoek. (mh)
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Filing 2
NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 210902163, (Filing fee $ 402, receipt number AUTDC-4013580) filed by Better Mortgage. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons, #3 Exhibit C - Declaration of Juliet Leibon, #4 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge David Barlow (Sorenson, Amy)
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Filing 1
Case has been indexed and assigned to Judge David Barlow. Defendant Better Mortgage is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (mh)
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