Lyall v. Bank of America et al
| Marta Lyall and Marta D Lyall |
| Bank of America, US Bank, Rushmore Loan Management Services LLC, First American Title, John and Jane Does 1-7 and Rushmore Loan Management Services |
| 2:2019cv01506 |
| September 19, 2019 |
| US District Court for the Western District of Washington |
| Ricardo S Martinez |
| Real Property: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Document Text |
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| Filing 44 REPLY, filed by Defendant First American Title, TO RESPONSE to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Bollero, Barbara) |
| Filing 43 REPLY, filed by Defendants Rushmore Loan Management Services, US Bank, TO RESPONSE to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Rushmore Loan Management Services and US Bank NA as Legal Title Trustee for Truman 2013 SC3 Title Trust's Motion to Dismiss and Joinder in Defendant Bank of America NA's Motion To Di (Farrell, Michael) |
| Filing 42 REPLY, filed by Defendant Bank of America, TO RESPONSE to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Gibbons, Daniel) |
| At direction of chambers, Noting Date Reset re #39 MOTION Further Order on Plaintiff's Temporary Restraining Order : Noting Date 11/22/2019 (LC) |
| ***Motion terminated: #41 MOTION Request for Judicial Notice in Support of Motion re #39 MOTION Further Order on Plaintiff's Temporary Restraining Order filed by US Bank, Rushmore Loan Management Services. Edited text to reflect this is a Notice and not a Motion, per phone call from counsel. (PM) |
| Filing 41 MOTION REQUEST for Judicial Notice in Support of Motion re #39 MOTION Further Order on Plaintiff's Temporary Restraining Order , filed by Defendants Rushmore Loan Management Services, US Bank. (Attachments: #1 Exhibit A, #2 Exhibit B) Noting Date 11/15/2019, (Farrell, Michael) Modified on 11/4/2019: edited text to reflect this is a Notice and not a Motion, per phone call from counsel (PM). |
| Filing 40 DECLARATION of Michael J. Farrell filed by Defendants Rushmore Loan Management Services, US Bank re #39 MOTION Further Order on Plaintiff's Temporary Restraining Order (Attachments: #1 Exhibit 1)(Farrell, Michael) |
| Filing 39 MOTION Further Order on Plaintiff's Temporary Restraining Order , filed by Defendants Rushmore Loan Management Services, US Bank. (Attachments: #1 Proposed Order) Noting Date 11/15/2019, (Farrell, Michael) |
Filing 38
ORDER denying Plaintiff's #10 Notice to Remand; denying Plaintiff's #28 Motion to Renote and Request Hearing. The motions to dismiss (Dkts. #6 and #12 ) remain noted for the Court's consideration on November 15, 2019. Signed by Judge Ricardo S. Martinez. (PM)
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| Filing 37 REQUEST for Judicial Review by Plaintiff Marta D Lyall for Judicial Notice re #1 Notice of Removal, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Rushmore Loan Management Services and US Bank NA as Legal Title Trustee for Truman 2013 SC3 Title Trust's Motion to Dismiss and Joinder in Defendant Bank of America NA's Motion To Di, #13 Request,, #25 Response to Motion, #10 MOTION to Remand, #28 MOTION Motion to Strike and Renote re #13 Request,, #15 Request, #25 Response to Motion, #10 MOTION to Remand, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant R (Attachments: #1 Exhibit FirstAmendedComplaint)(Lyall, Marta) |
| Filing 36 AMENDED Notice of Appeal (19-35868) as to #26 Notice of Appeal, #27 USCA Scheduling Order, Appeal Number from USCA by Plaintiff Marta D Lyall. (cc: USCA) (Lyall, Marta) |
| Filing 35 NOTICE of Joinder JOINING #31 Response to Motion,, by Defendants Rushmore Loan Management Services, US Bank. (Farrell, Michael) |
| Filing 34 NOTICE of Joinder JOINING #31 Response to #28 Motion to Strike and Motion to Renote, by Defendant Bank of America. (Gibbons, Daniel) Modified on 10/24/2019 to add document link and language to motion (PM). |
| Filing 33 REPLY, filed by Defendant Bank of America, TO RESPONSE to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Gibbons, Daniel) |
| Filing 32 REQUEST by Defendant First American Title for Judicial Notice re #31 Response to Motion to Strike #28 , (Attachments: #1 Exhibit 19)(Bollero, Barbara) Modified on 10/23/2019 to add document link to motion to strike (PM). |
| Filing 31 RESPONSE, by Defendant First American Title, to #28 MOTION Motion to Strike and Renote re #13 Request,, #15 Request, #25 Response to Motion, #10 MOTION to Remand, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant R. (Bollero, Barbara) |
| Filing 30 EXHIBIT Additional Exhibits by Plaintiff Marta D Lyall (Attachments: #1 Exhibit VW Payment Ledger, #2 Exhibit VW TrusteeMailedPayment, #3 Exhibit 2013 Ch 13 Plan Confirmed, #4 Exhibit Diane Roark PBS Transcript, #5 Exhibit Kimball-Letter, #6 Exhibit Report-US-Attorney) re: #28 Motion to Strike (Lyall, Marta) Modified on 10/21/2019 to add document link to motion to strike(PM). |
| Filing 29 EXHIBIT Additional Exhibit by Plaintiff Marta D Lyall (Lyall, Marta) |
| Filing 28 MOTION Motion to Strike and Renote re #13 Request,, #15 Request, #25 Response to Motion, #10 MOTION to Remand, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Rushmore Loan Management Services and US Bank NA as Legal Title Trustee for Truman 2013 SC3 Title Trust's Motion to Dismiss and Joinder in Defendant Bank of America NA's Motion To Di, #11 Notice-Other, #7 Request, #14 Notice of Joinder into Motion , filed by Plaintiff Marta D Lyall. Oral Argument Requested. (Attachments: #1 Exhibit FirstAmendedComplaint, #2 Exhibit NotebookEntryRoark, #3 Exhibit State-Civil-RICO-Statute, #4 Proposed Order Motion Granted) Noting Date 10/18/2019, (Lyall, Marta) |
| Noting Date Reset re Plaintiff's #28 MOTION to Strike and Renote re #13 Request,, #15 Request, #25 Response to Motion, #10 MOTION to Remand, #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant R : Noting Date 10/25/2019, per direction of chambers and per LCR 7(d)(2). (PM) |
| Filing 27 TIME SCHEDULE ORDER ( #19-35868) as to #26 Notice of Appeal filed by Marta D Lyall (CDA) |
| Filing 26 NOTICE OF APPEAL to Ninth Circuit re #22 Minute Order, by Plaintiff Marta D Lyall. (Receipt Number SEA098266). (cc: USCA) (GT) |
| Filing 25 RESPONSE, by Defendant First American Title, to #10 MOTION to Remand. (Bollero, Barbara) |
| Filing 24 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by US Bank (Farrell, Michael) |
| Filing 23 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Rushmore Loan Management Services (Farrell, Michael) |
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Filing 22
MINUTE ORDER STRIKING the following documents filed by Plaintiff Marta D. Lyall: #17 Notice for Judicial Review, #18 Notice Additional Exhibit #19 Exhibit Additional Exhibit, #20 Notice - Amended Notice Judicial Review and #21 Notice Corrected Cover Sheet- Case type. Authorized by Judge Ricardo S. Martinez. (PM)
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| Filing 21 NOTICE Corrected Cover Sheet-Case type ; filed by Plaintiff Marta D Lyall. (Attachments: #1 Exhibit Plaintiffs-Notice-Remand)(Lyall, Marta) |
| Filing 20 NOTICE Amended Notice Judical Review ; filed by Plaintiff Marta D Lyall. (Attachments: #1 Exhibit Bollero Notice State Court, #2 Exhibit State RICO Statute, #3 Exhibit TRO signed)(Lyall, Marta) |
| Filing 19 EXHIBIT Additional Exhibit (Notice of Removal) by Plaintiff Marta D Lyall (Lyall, Marta) Modified on 9/27/2019 to name exhibit (PM). |
| Filing 18 NOTICE Additional Exhibit (Notice of Removal) ; filed by Plaintiff Marta D Lyall. (Lyall, Marta) Modified on 9/27/2019 to name Exhibit (PM). |
| Filing 17 NOTICE for Judicial Review ; filed by Plaintiff Marta D Lyall. (Attachments: #1 Exhibit TRO)(Lyall, Marta) |
| Filing 16 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Bank of America Corporation, Corporate Parent NB Holdings Corporation, Corporate Parent BANA Holding Corporation, Corporate Parent BAC North America Holding Company, Other Affiliate Berkshire Hathaway Inc for Bank of America. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Bank of America (Gibbons, Daniel) |
| Filing 15 REQUEST by Defendant First American Title for Judicial Notice re #14 Notice of Joinder into #6 Motion to Dismiss (Attachments: #1 Exhibit 1-18)(Bollero, Barbara) Modified on 9/27/2019 to add link to motion (PM). |
| Filing 14 NOTICE of Joinder JOINING #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , by Defendant First American Title. (Attachments: #1 Proposed Order)(Bollero, Barbara) |
| Filing 13 REQUEST by Defendants Rushmore Loan Management Services, US Bank for Defendant Rushmore Loan Management Services and US Bank NA as Legal Title Trustee for Truman 2013 SC3 Title Trust's Request for Judicial Notice in Support of Motion To Dismiss re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Rushmore Loan Management Services and US Bank NA as Legal Title Trustee for Truman 2013 SC3 Title Trust's Motion to Dismiss and Joinder in Defendant Bank of America NA's Motion To Di (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Purcell, Thomas) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendant Rushmore Loan Management Services and US Bank NA as Legal Title Trustee for Truman 2013 SC3 Title Trust's Motion to Dismiss and Joinder in Defendant Bank of America NA's #6 Motion To Dismiss, filed by Defendants Rushmore Loan Management Services, US Bank. (Attachments: #1 Proposed Order) Noting Date 11/15/2019, (Purcell, Thomas) Modified on 9/26/2019 to add link to BOA's motion to dismiss (PM). |
| Noting Date Set re Plaintiff's #10 MOTION/NOTICE to Remand: Noting Date 10/18/2019. (PM) |
| Filing 11 NOTICE Additional Exhibit to #10 Notice of Remand; filed by Plaintiff Marta D Lyall. (Lyall, Marta) Modified on 9/24/2019 to add document link (PM). |
| Filing 10 MOTION/NOTICE of REMAND re #1 Notice of Removal, ; filed by Plaintiff Marta D Lyall. (Attachments: #1 Exhibit Order, #2 Exhibit Order, #3 Exhibit Proof-service, #4 Exhibit Proof-Service)(Lyall, Marta) Modified on 9/24/2019 to turn into a motion per direction of chambers (PM). |
| Filing 9 NOTICE: Plaintiff Marta D Lyall has registered to electronically file and receive electronic service in this case. (PS) |
| Judge Ricardo S. Martinez added. Judge J Richard Creatura no longer assigned to case. (ERA) |
| Filing 8 NOTICE of Appearance by attorney Ann T Marshall on behalf of Defendant First American Title. (Marshall, Ann) |
| Filing 7 REQUEST for Judicial Notice by Defendant Bank of America re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Gibbons, Daniel) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant Bank of America. (Attachments: #1 Proposed Order) Noting Date 11/15/2019, (Gibbons, Daniel) |
| Filing 5 NOTICE TO FILER: re #1 Notice of Removal,. Notice of Filing Deficiency** Action Required ** See attached letter for more information and instructions. (SNP) |
| Filing 4 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment (cc: plaintiff via US Mail). (SNP) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Defendant(s) must file a Corporate Disclosure Statement by 9/27/2019. (SNP) |
| Judge J Richard Creatura added. (SNP) |
| Filing 3 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal by Defendant First American Title (Bollero, Barbara) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent First American Financial Corporation for First American Title. Filed pursuant to Fed.R.Civ.P 7.1. Filed by First American Title (Bollero, Barbara) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 19-2-20601-2 SEA; (Receipt # 0981-5933245), filed by First American Title. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A). (Additional attachment(s) added on 9/20/2019: #3 Complaint) (SNP). |
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