Hoang et al v. Bank of America, N.A. et al
| Jerry Hoang and Le Uyen Thi Hoang |
| Bank of America, N.A., Federal National Mortgage Association, Bank of America NA, Mortgage Electronic Registration Systems Inc and BAC Home Loans Servicing, LP |
| 2:2017cv00874 |
| June 7, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| James L Robart |
| Torts to Land |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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Filing 75
ORDER OF DISMISSAL: Counsel having notified the Court of settlement of this case, and it appearing that no issue remains for the Court's determination, IT IS ORDERED that this action and all claims asserted herein are DISMISSED with prejudice and without costs to any party. In the event that settlement is not perfected, any party may move to reopen the case within 60 days of the date of this order. Any trial date and pretrial dates previously set are hereby VACATED. Signed by Judge James L. Robart. (LH)
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Filing 74
ANSWER to #72 Amended Complaint by Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc.(Stastny, Douglas)
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Filing 73
AMENDED MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *3-4 days*. Jury Trial is set for 6/21/2021 at 01:30 PM in Courtroom 14106 before Judge James L. Robart. Joinder of Parties due by 5/8/2020, Amended Pleadings due by 12/23/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/23/2020, Motions due by 1/22/2021, Discovery completed by 2/22/2021, Dispositive motions due by 3/23/2021, Attorney settlement conference to be held by 4/22/2021, Motions in Limine due by 5/10/2021, Pretrial Order due by 6/1/2021, Deposition Designations due by 6/2/2021, Pretrial Conference set for 6/7/2021 at 02:00 PM in Courtroom 14106 before Judge James L. Robart. Trial briefs to be submitted by 6/14/2021, Proposed voir dire/jury instructions due by 6/14/2021, by Judge James L. Robart. (AD)
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Filing 72
AMENDED COMPLAINT against All Defendants with JURY DEMAND, filed by Jerry Hoang, Le Uyen Thi Hoang.(Stafne, Scott)
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Filing 71
ORDER: The court GRANTS Plaintiffs' motion to amend (Dkt. #51 ) and authorizes Plaintiffs to file their amended complaint in the form attached as Exhibit 1 to the motion (Dkt. #51 -1) within four (4) days of the entry of the order. The court additionally DENIES Plaintiffs' motion for summary judgment (Dkt. #55 ) and GRANTS summary judgment to Defendants on that issue. The court GRANTS in part and DENIES in part Defendants' motion for summary judgment (Dkt. #46 ). Signed by Judge James L. Robart. (LH)
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Filing 70
REPLY, filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang, TO RESPONSE to #55 CROSS-MOTION re #46 MOTION for Summary Judgment . (Stafne, Scott)
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Filing 69
RESPONSE, by Defendants Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc, to #55 CROSS-MOTION re #46 MOTION for Summary Judgment .. (Stastny, Douglas)
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Filing 68
DECLARATION of Scott E. Stafne filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang re #51 MOTION for Leave to File Amended Complaint (Stafne, Scott)
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Filing 67
REPLY, filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang, TO RESPONSE to #51 MOTION for Leave to File Amended Complaint (Stafne, Scott)
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Filing 66
DECLARATION of Douglas Stastny filed by Defendants Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc re #46 MOTION for Summary Judgment (Stastny, Douglas)
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Filing 65
REPLY, filed by Defendants Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc, TO RESPONSE to #46 MOTION for Summary Judgment (Stastny, Douglas)
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Filing 64
RESPONSE, by Defendants Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc, to #51 MOTION for Leave to File Amended Complaint. (Stastny, Douglas)
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Filing 63
PRAECIPE to attach document (Corrected signature page) re #60 Declaration by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang (Stafne, Scott)
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Filing 62
PRAECIPE to attach document (Corrected signature page) re #59 Declaration by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang (Stafne, Scott)
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NOTICE REGARDING LACK OF PROPER SIGNATURE. The #59 and #60 Declarations were improperly signed by Declarants Jerry Hoang and Le Uyen Nguyen. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with #ECF Filing Procedures. Please file corrected signature pages using Praecipe to Attach event and link to original filings. (LH)
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Filing 61
DECLARATION of Scott E. Stafne filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang re #46 MOTION for Summary Judgment (Stafne, Scott)
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Filing 60
DECLARATION of Le Uyen Nguyen filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang re #46 MOTION for Summary Judgment (Stafne, Scott)
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Filing 59
DECLARATION of Jerry Hoang filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang re #46 MOTION for Summary Judgment (Stafne, Scott)
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Filing 58
RESPONSE, by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang, to #46 MOTION for Summary Judgment . (Stafne, Scott)
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Filing 57
DECLARATION of Jerry Hoang filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang re #55 CROSS-MOTION re #46 MOTION for Summary Judgment . (Stafne, Scott)
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Filing 56
DECLARATION of Scott E. Stafne filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang re #55 CROSS-MOTION re #46 MOTION for Summary Judgment . (Stafne, Scott)
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Filing 55
CROSS-MOTION re #46 MOTION for Summary Judgment ., filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang. (Attachments: #1 Proposed Order) Noting Date 1/22/2021, (Stafne, Scott)
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Filing 54
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent ICE Mortgage Services LLC for Mortgage Electronic Registration Systems Inc. Filed pursuant to Fed.R.Civ.P 7.1. Filed by BAC Home Loans Servicing, LP, Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc (Stastny, Douglas)
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Filing 53
PROPOSED ORDER (Unsigned) re #51 MOTION for Leave to File Amended Complaint (Stafne, Scott)
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Filing 52
DECLARATION of Scott E. Stafne filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang re #51 MOTION for Leave to File Amended Complaint (Stafne, Scott)
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Filing 51
MOTION for Leave to File Amended Complaint, filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang. (Attachments: #1 Amended Complaint Proposed Complaint and Exhibits) Noting Date 1/8/2021, (Stafne, Scott)
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Filing 50
NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Charles T Meyer for Defendants BAC Home Loans Servicing, LP, Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc. (Stastny, Douglas)
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Filing 49
DECLARATION of Susan E Magaddino filed by Defendants Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc re #46 MOTION for Summary Judgment (Stastny, Douglas)
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Filing 48
DECLARATION of Noemi C. Garcia filed by Defendants Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc re #46 MOTION for Summary Judgment (Stastny, Douglas)
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Filing 47
DECLARATION of Douglas C. Stastny filed by Defendants Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc re #46 MOTION for Summary Judgment (Stastny, Douglas)
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Filing 46
MOTION for Summary Judgment , filed by Defendants Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems Inc. (Attachments: #1 Proposed Order) Noting Date 1/8/2021, (Stastny, Douglas)
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Filing 45
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge James L. Robart; Length of Trial: *3-4 days*. Bench Trial is set for 6/21/2021 at 01:30 PM in Courtroom 14106 before Judge James L. Robart. Joinder of Parties due by 5/8/2020, Amended Pleadings due by 12/23/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 12/23/2020, Motions due by 1/22/2021, Discovery completed by 2/22/2021, Dispositive motions due by 3/23/2021, Attorney settlement conference to be held by 4/22/2021, Motions in Limine due by 5/10/2021, Pretrial Order due by 6/1/2021, Deposition Designations due by 6/2/2021, Pretrial Conference set for 6/7/2021 at 02:00 PM in Courtroom 14106 before Judge James L. Robart. Trial briefs to be submitted by 6/14/2021, Proposed Findings of Fact and Conclusions of Law to be submitted by 6/14/2021. (AD)
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Filing 44
SCHEDULING ORDER re parties' #42 Amended Second Stipulated Motion to Reschedule Order Setting Trial Dates. The Court has considered the parties stipulated motion to reschedule order setting trial dates and finding good cause GRANTS the motion. The Court will issue a new scheduling order. Signed by Judge James L. Robart. (PM)
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Filing 43
PLEASE DISREGARD. CLERK TO REPOST THIS ORDER. ORDER re parties' #42 Amended Stipulated Motion to Reschedule Order Setting Trial Dates. Bench Trial is set for 10/5/2020 at 01:30 PM before Judge James L. Robart, Amended Pleadings due by 4/8/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/8/2020, Motions related to discovery due by 5/8/2020, Discovery completed by 6/8/2020, Dispositive motions due by 7/7/2020, Agreed Pretrial Order due by 9/14/2020, Deposition designation must be submitted to the court (not filed on CM/ECF) by 9/16/2020, Pretrial Conference set for 9/21/2020 at 02:30 PM before Judge James L. Robart. Trial briefs to be submitted by 9/28/2020. Signed by Judge James L. Robart. (PM) Modified on 4/10/2020 (PM).
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NOTICE of Docket Text Modification re #43 Order on Stipulated Motion: DISREGARD docket entry #43 . Clerk to repost order directly without establishing deadlines. (PM)
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Filing 42
Second Stipulated MOTION TO RESCHEDULE ORDER SETTING TRIAL DATES, filed by Plaintiff Jerry Hoang. (Attachments: #1 Proposed Order) Noting Date 4/9/2020, (Stafne, Scott)
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Filing 41
ORDER denying the parties' #40 stipulated motion to modify the court's scheduling order. If the parties wish to move to the end of the trial calendar, they should file a new stipulated motion to that effect within 14 days of the date of this order. Signed by Judge James L. Robart. (PM)
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Filing 40
Stipulated MOTION TO RESCHEDULE ORDER SETTING TRIAL DATES, filed by Plaintiff Jerry Hoang. (Attachments: #1 Proposed Order) Noting Date 4/17/2020, (Stafne, Scott)
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Filing 39
MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge James L. Robart; Length of Trial: *3-4 days*. Bench Trial is set for 10/5/2020 at 01:30 PM in Courtroom 14106 before Judge James L. Robart. Joinder of Parties due by 7/8/2019, Amended Pleadings due by 4/8/2020, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/8/2020, Motions due by 5/8/2020, Discovery completed by 6/8/2020, Dispositive motions due by 7/7/2020, Attorney settlement conference to be held by 8/6/2020, Motions in Limine due by 8/24/2020, Pretrial Order due by 9/14/2020, Deposition Designations due by 9/16/2020, Pretrial Conference set for 9/21/2020 at 02:30 PM before Judge James L. Robart. Trial briefs to be submitted by 9/28/2020, Proposed Findings of Fact and Conclusions of Law to be submitted by 9/28/2020. (AD)
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Filing 38
JOINT STATUS REPORT signed by all parties estimated Trial Days: 3-4 days. (Stastny, Douglas)
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Filing 37
ORDER ON RESPONSE TO #33 ORDER TO SHOW CAUSE. Parties are ordered to file a Joint Status Report no later than 6/3/2019. Signed by Judge James L. Robart. (SWT)
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Filing 36
DECLARATION of SCOTT E. STAFNE by Plaintiff Jerry Hoang (Stafne, Scott)
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Filing 35
DECLARATION of SCOTT E. STAFNE re #33 Order to Show Cause, by Plaintiff Jerry Hoang (Stafne, Scott)
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Filing 34
NOTICE of Appearance by attorney Douglas C Stastny on behalf of Defendants BAC Home Loans Servicing, LP, Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems, Inc.. (Stastny, Douglas)
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Filing 33
SHOW CAUSE MINUTE ORDER - It is ORDERED that counsel show cause by May 10, 2019, why this action should not be dismissed for failing to comply with Order requiring Status Report signed March 26, 2019, and due April 25, 2019. Absent a timely response to this Order, the action SHALL BE DISMISSED without prejudice. (AD)
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Filing 32
NOTICE of Appearance by attorney Scott E Stafne on behalf of Plaintiffs Jerry Hoang, Le Uyen Thi Hoang. (Stafne, Scott)
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Reset Deadlines: FRCP 26f Conference Deadline is now due 4/10/2019, Initial Disclosure Deadline is now due 4/5/2019, Joint Status Report is now due 4/25/2019. (AD) cc: plaintiff via US mail
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Filing 31
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. FRCP 26f Conference Deadline is 4/1/2019, Initial Disclosure Deadline is 4/5/2019, Joint Status Report due by 4/9/2019. (AD) cc: Plaintiffs via US mail
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Filing 30
ORDER granting Plaintiffs' #28 Motion for an order of substitution to proceed pro se. The Clerk is directed to terminate James A. Wexler and Jill J. Smith as counsel for Mr. Hoang and Ms. Hoang in this matter. Signed by Judge James L. Robart. (PM) cc: Plaintiffs via first class mail
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Filing 29
JOINT STATUS REPORT signed by all parties (Meyer, Charles)
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Filing 28
MOTION for Substitution to Proceed as Pro Se, filed by Plaintiff Jerry Hoang. Noted by Clerk for 4/5/2019, (TH)
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Filing 27
ORDER FOLLOWING REMAND FROM THE NINTH CIRCUIT COURT OF APPEALS; vacating #16 Order Granting Defendants Bank of America, NA and Federal National Mortgage Association's Motion to Dismiss Plaintiffs' Complaint ; parties are to file a Joint Status Report within 14 days of the date of this Order ; granting Jerry Hoang an order of substitution to proceed pro se per Mr. Hoang's #25 Notice of Appearance ; the court ORDERS Ms. Hoang to either (1) appoint another attorney, or (2) seek an order of substitution to proceed pro se. Signed by Judge James L. Robart. (SWT) Attorneys Jill J. Smith and James A. Wexler terminated as to Jerry Hoang. (cc: Jerry Hoang via USPS)
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Filing 26
ANSWER to Complaint; Attorney Charles T. Meyer added to party Mortgage Electronic Registration Systems, Inc. (pty:dft), Attorney Charles T. Meyer added to party BAC Home Loans Servicing, LP(pty:dft) by Bank of America NA, Federal National Mortgage Association, Mortgage Electronic Registration Systems, Inc., BAC Home Loans Servicing, LP.(Meyer, Charles)
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Filing 25
NOTICE of Appearance (pro se) by Plaintiff Jerry Hoang (SWT)
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Filing 24
ORDER of USCA (17-35993) as to #19 Notice of Appeal, filed by Jerry Hoang, Le Uyen Thi Hoang (CDA)
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Filing 23
MANDATE of USCA (17-35993) as to #19 Notice of Appeal, filed by Jerry Hoang, Le Uyen Thi Hoang. The judgment of this Court, entered December 06, 2018, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule4 1(a) of the Federal Rules of Appellate Procedure. Costs are taxed against the appellee in the amount of $112.70 REVERSE AND REMAND(SG)
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Filing 22
OPINION of USCA (NOT THE MANDATE 17-35993) as to #19 Notice of Appeal, filed by Jerry Hoang, Le Uyen Thi Hoang. REVERSE AND REMAND (CDA)
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Filing 21
TIME SCHEDULE ORDER (17-35993) as to #19 Notice of Appeal filed by Jerry Hoang, Le Uyen Thi Hoang (CDA)
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Filing 20
NOTICE of Appearance by attorney Jill J. Smith on behalf of Plaintiffs Jerry Hoang, Le Uyen Thi Hoang. (Smith, Jill)
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Filing 19
NOTICE OF APPEAL to Ninth Circuit (17-35993) re #16 Order on Motion to Dismiss for Failure to State a Claim, #17 Judgment by Court by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang. Filing Fee $505, Receipt number 0981-5122919. (Smith, Jill) Modified on 12/11/2017 to add CCA # (CDA).
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Filing 18
**DUPLICATE ENTRY** NOTICE OF APPEAL to Ninth Circuit re #16 Order on Motion to Dismiss for Failure to State a Claim, #17 Judgment by Court by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang. (Smith, Jill) Modified on 12/11/2017 see Docket no #19 Notice of Appeal (CDA).
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Filing 17
JUDGMENT BY COURT: Plaintiffs Jerry Hoang and Le Uyen Thi Nguyen's complaint is DISMISSED with prejudice (Order (Dkt. #16 )). (SWT)
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Filing 16
ORDER granting defendants' #4 Motion to Dismiss for Failure to State a Claim, signed by Judge James L. Robart. (SWT)
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Filing 15
REPLY, filed by Defendants Bank of America NA, Federal National Mortgage Association, TO RESPONSE to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Varallo, Christopher)
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Filing 14
REPLY, filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang, TO RESPONSE to #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Wexler, James)
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Filing 13
ORDER granting Plaintiffs' #9 Motion for extension of time to respond to the #4 Motion to dismiss. Response due 7/31/2017; Motion to dismiss #4 is re-noted for 8/4/2017. Signed by Judge James L. Robart (PM)
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Filing 12
DECLARATION of Christopher G. Varallo re #11 Response to Order to Show Cause by Defendants Bank of America NA, Federal National Mortgage Association (Attachments: #1 Exhibit A, #2 Exhibit B)(Varallo, Christopher)
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Filing 11
RESPONSE TO ORDER TO SHOW CAUSE by Defendants Bank of America NA, Federal National Mortgage Association (Varallo, Christopher)
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Filing 10
RESPONSE, by Defendants Bank of America NA, Federal National Mortgage Association, to #9 MOTION for Extension of Time to File Reply Motion. (Varallo, Christopher)
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Noting Date Reset at the direction of chambers re Plaintiffs' MOTION for Extension of Time to File Reply Motion (Dkt. #9 ): Noting Date 7/14/2017. (AD)
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Filing 9
MOTION for Extension of Time to File Reply Motion, filed by Plaintiffs Jerry Hoang, Le Uyen Thi Hoang. (Attachments: #1 Declaration, #2 Proposed Order, #3 Certificate of Service) Noting Date 6/30/2017, (Wexler, James)
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Filing 8
VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Defendants Bank of America NA, Federal National Mortgage Association (Attachments: #1 Exhibit)(Varallo, Christopher)
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Filing 7
ORDER TO SHOW CAUSE Show Cause Response due by 7/7/2017, by Judge James L. Robart. (RS)
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Filing 6
CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Bank of America Corporation for Bank of America NA. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Bank of America NA, Federal National Mortgage Association (Varallo, Christopher)
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Filing 5
DECLARATION of Christopher G. Varallo filed by Defendants Bank of America NA, Federal National Mortgage Association re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit)(Varallo, Christopher)
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Filing 4
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendants Bank of America NA, Federal National Mortgage Association. (Attachments: #1 Proposed Order) Noting Date 7/7/2017, (Varallo, Christopher)
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Filing 3
LETTER from Clerk to counsel re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. (RE)
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NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant(s) Bank of America, N.A. and Federal National Mortgage Association must file a Corporate Disclosure Statement by 6/15/2017. (RE)
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Judge James L. Robart added. (RE)
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Filing 2
NOTICE TO PLAINTIFFS re #1 Notice of Removal, ; filed by Defendants Bank of America, N.A., Federal National Mortgage Association. (Attachments: #1 Notice of Removal, #2 Notice of State Court Clerk of Removal to Federal Court)(Varallo, Christopher)
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Filing 1
NOTICE OF REMOVAL from King County Superior Court, case number 17-2-11754-4 SEA; (Receipt # 0981-4901546) Attorney Christopher G. Varallo added to party Bank of America, N.A.(pty:dft), Attorney Christopher G. Varallo added to party Federal National Mortgage Association(pty:dft), filed by Federal National Mortgage Association, Bank of America, N.A.. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Varallo, Christopher)
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