Eberharter v. KeyBank et al
| Stephanie Eberharter |
| Holly Erin White, Julia Lacey, Key Bank, Bank of America, N.A., JPMorgan Chase Bank, N.A., KeyBank, Bank of America NA and JPMorgan Chase Bank NA |
| 2:2022cv01027 |
| July 25, 2022 |
| US District Court for the Western District of Washington |
| Richard A Jones |
| Banks and Banking |
| 28 U.S.C. § 1441 Petition for Removal- Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 13, 2023. A more recent docket listing may be available from PACER.
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Filing 50
STIPULATION AND ORDER OF DISMISSAL signed by Judge Richard A. Jones. It is ORDERED that all of Plaintiff Stephanie Eberharter's claims against Defendant KeyBank, N.A., are dismissed with prejudice, and without an award of attorneys' fees or costs to any party. (VE)
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| Filing 49 Stipulated MOTION and (Proposed) Order for Dismissal, filed by Plaintiff Stephanie Eberharter. Noting Date 7/12/2023, (Trivett, Mark) |
| Filing 48 NOTICE of Unavailability of counsel Mark A Trivett for Plaintiff Stephanie Eberharter from 10/1/2023 - 10/9/2023. (Trivett, Mark) |
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Filing 47
MINUTE ORDER granting #46 Stipulated MOTION for Leave from Discovery Cut-Off. Plaintiff Eberharter is granted leave of the 6/5/2023 discovery cut-off date in order to complete the Fed. R. Civ. P. 30(b)(6) deposition of KeyBank, N.A., and Defendant KeyBank is granted leave of the 6/5/2023 deadline to complete its deposition of third-party witness Irene Laible. Authorized by Judge Richard A. Jones. (VE)
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| Filing 46 Stipulated MOTION and Subjoined Order for Leave from Discovery Cut-Off, filed by Plaintiff Stephanie Eberharter. Noting Date 6/1/2023, (Trivett, Mark) |
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Filing 45
STIPULATION AND ORDER OF DISMISSAL OF PARTY signed by Judge Richard A. Jones. The parties' #44 Stipulated MOTION for Dismissal is granted. It is ORDERED that all of Plaintiff Stephanie Eberharter's claims against Defendant Bank of America, N.A., are dismissed with prejudice and without an award of attorneys' fees or costs to any party. (VE)
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| ***Motion terminated: #44 Stipulated MOTION and (Proposed) Order for Dismissal filed by Stephanie Eberharter. (VE) |
| Filing 44 Stipulated MOTION and (Proposed) Order for Dismissal, filed by Plaintiff Stephanie Eberharter. Noting Date 4/25/2023, (Trivett, Mark) |
| Filing 43 NOTICE of Appearance by attorney Spencer S. Rossini on behalf of Defendant Bank of America NA. (Rossini, Spencer) |
| Filing 42 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Joseph T McCormick, III for Defendant Bank of America NA. (McCormick, Joseph) |
| Filing 41 NOTICE of Appearance by attorney Joseph T. McCormick III Scott S Anders on behalf of Defendant Bank of America NA. (McCormick, Joseph T (Anders, Scott) Modified on 1/10/2023 per filer request to correct attorney name (STP). |
| Filing 40 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Scott S Anders for Defendant Bank of America NA. (Anders, Scott) |
| NOTICE of Docket Text Modification Updated appearing attorney name to Joseph T. McCormick III. Attorney Joseph T McCormick, III added for Bank of America NA. (STP) |
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Filing 39
STIPULATED PROTECTIVE ORDER signed by Judge Richard A. Jones. The parties' #38 Stipulated MOTION for Protective Order is granted. (VE)
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| Filing 38 Stipulated MOTION for Protective Order , filed by Plaintiff Stephanie Eberharter. Noting Date 12/23/2022, (Trivett, Mark) |
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Filing 37
ORDER SETTING TRIAL DATE AND RELATED DATES. Length of Trial: 8 days. Jury Trial is set for 10/2/2023 at 9:00 AM in Courtroom 13106 before Judge Richard A. Jones. Joinder of Parties due by 1/11/2023, Amended Pleadings due by 4/5/2023, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 4/5/2023, Discovery completed by 6/5/2023, Dispositive motions and motions challenging expert witness testimony due by 7/5/2023, Motions in Limine due by 9/5/2023, Pretrial Order due by 9/18/2023, Trial briefs, proposed jury instructions, proposed voir dire, agreed neutral statement of the case, deposition designations, and trial exhibits to be submitted by 9/25/2023. Signed by Judge Richard A. Jones. (VE)
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| Filing 36 JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 7 to 8 days. (Trivett, Mark) |
| Filing 35 NOTICE of Appearance by attorney KC Lynne Hovda on behalf of Defendant KeyBank. (Hovda, KC) |
| Filing 34 ANSWER to #26 Amended Complaint by KeyBank.(Palomares, Jesus) |
| Filing 33 ANSWER to #26 Amended Complaint by Bank of America NA.(Anders, Scott) |
| Filing 32 RECEIPT from King County Superior Court re #30 Remand Letter to State Court. (SR) |
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Filing 31
ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 9/29/2022, Initial Disclosure Deadline is 10/6/2022, Joint Status Report due by 10/13/2022, by Judge Richard A. Jones. (VE)
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| Filing 30 LETTER to King County Superior Court Partially Remanding Case to State Court (LH) (cc: Defendants White and Lacey via US mail) (cc: King County Superior Court via US mail. Enclosures: certified copy of Order and docket) Modified on 9/9/2022 to correct typo (LH). |
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Filing 29
ORDER granting Plaintiff's #23 Unopposed Motion to Sever and Remand. Plaintiff's claims against Defendants Holly Erin White and Julia Lacey shall be severed from this action and remanded back to King County Superior Court (the "State Court") for purposes of collecting on judgment. Signed by Judge Richard A. Jones. (LH) (cc: Defendants White and Lacey via US mail)
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| Filing 28 DEMAND for JURY TRIAL by Plaintiff Stephanie Eberharter (Trivett, Mark) |
| Filing 27 Notice of Filing Deficiency re #26 Amended Complaint. ***Action Required*** Jury Demand Improperly Indicated.See attached letter for more information and instructions. (SR) |
| Filing 26 Second AMENDED COMPLAINT against defendant(s) Bank of America NA, Key Bank, Julia Lacey, Holly Erin White with JURY DEMAND, filed by Stephanie Eberharter.(Trivett, Mark) |
| Filing 25 NOTICE to Withdraw Pending Motion re #19 MOTION for Leave to File Second Amended Complaint ; by Plaintiff Stephanie Eberharter. (Trivett, Mark) |
| Filing 24 NOTICE of Consent to Plaintiff's Proposed Second Amended Complaint Compliance by Defendant Bank of America NA. (Anders, Scott) Modified on 9/2/2022 to edit title (SR). |
| Filing 23 Unopposed MOTION to Sever and Remand Case to State Court, filed by Plaintiff Stephanie Eberharter. (Attachments: #1 Proposed Order) Noting Date 8/31/2022, (Trivett, Mark) |
| Filing 22 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney John S Devlin, III and Angela Foster for Defendant JPMorgan Chase Bank NA. (Devlin, John) |
| Filing 21 NOTICE of Unavailability of counsel Mark A Trivett for Plaintiff Stephanie Eberharter from 09/01/2022 - 09/21/2022. (Trivett, Mark) |
| Filing 20 DECLARATION of Mark Trivett filed by Plaintiff Stephanie Eberharter re #19 MOTION for Leave to File Second Amended Complaint (Trivett, Mark) |
| Filing 19 MOTION for Leave to File Second Amended Complaint, filed by Plaintiff Stephanie Eberharter. (Attachments: #1 Exhibit Appendix One, #2 Exhibit Appendix Two, #3 Proposed Order) Noting Date 9/9/2022, (Trivett, Mark) |
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Filing 18
MINUTE ORDER (text only) granting #17 Stipulated MOTION to Stay Rule 81(c) Deadline. The deadline for filing an answer to the complaint or other responsive pleading is stayed until 14 days after: (1) Plaintiff's filing of her Second Amended Complaint with the consent of Defendants BANA and KeyBank or (2) the Court's order on the Plaintiff's Motion for Leave to Amend if their consent is not forthcoming. Authorized by Judge Richard A. Jones. (VE)
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| Filing 17 Stipulated MOTION to Stay Rule 81(c) Deadline, filed by Plaintiff Stephanie Eberharter. (Attachments: #1 Proposed Order) Noting Date 8/15/2022, (Trivett, Mark) |
| Filing 16 NOTICE of Errata State Court Pleadings re #15 Verification of State Court Records ; filed by Defendant Bank of America NA. (Attachments: #1 Exhibit A)(Anders, Scott) |
| Filing 15 VERIFICATION OF STATE COURT RECORDS by Defendant Bank of America NA (Anders, Scott) |
| ***Deadlines terminated: The initial case scheduling deadlines set forth in the Court's #6 ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT are terminated pending the parties' stipulated motion to permit Plaintiff leave to amend the complaint or the filing of Plaintiff's motion to amend the complaint. (cc: Defendants Holly Erin White and Julia Lacey via US Mail) (VE) |
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Filing 14
MINUTE ORDER (text only) authorized by Judge Richard A. Jones granting #12 Stipulated MOTION to Modify Rule 81(c) Deadline. The deadline for Defendant Bank of America, N.A. to file an answer to the Complaint or other responsive pleading, as provided in Fed. R. Civ. P. 81(c)(2)(C), is extended to 8/15/2022. (cc: Defendants Holly Erin White and Julia Lacey via US Mail) (VE)
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| Filing 13 ANSWER to Complaint (Notice of Removal) re: #1 Notice of Removal, by Key Bank.(Palomares, Jesus) |
| Filing 12 Stipulated MOTION to Modify Rule 81(c) Deadline, filed by Plaintiff Stephanie Eberharter. (Attachments: #1 Proposed Order) Noting Date 8/1/2022, (Trivett, Mark) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent KeyCorp for Key Bank. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Key Bank (Palomares, Jesus) |
| Filing 10 NOTICE of Voluntary Dismissal as to party(s) JPMorgan Chase Bank NA, filed by Plaintiff Stephanie Eberharter. (Trivett, Mark) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent JPMorgan Chase & Company for JPMorgan Chase Bank NA. Filed pursuant to Fed.R.Civ.P 7.1. Filed by JPMorgan Chase Bank NA (Devlin, John) |
| Filing 8 NOTICE of Appearance by attorney Scott S Anders on behalf of Defendant Bank of America NA. (Anders, Scott) |
| Filing 7 NOTICE of Change of Address/Change of Name of Attorney Lukasz I Wozniak. Filed by Defendant Bank of America NA. (Wozniak, Lukasz) |
| NOTICE Pursuant to Fed.R.Civ.P 7.1, Key Bank and JP Morgan Chase Bank must file a Corporate Disclosure Statement by 8/3/2022. (CDA) |
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Filing 6
ORDER REGARDING FRCP 26(f) CONFERENCE, INITIAL DISCLOSURES, AND JOINT STATUS REPORT. FRCP 26(f) Conference Deadline is 8/9/2022, Initial Disclosure Deadline is 8/16/2022, Joint Status Report due by 8/23/2022, by Judge Richard A. Jones. (cc: Defendants Holly Erin White and Julia Lacey via US Mail) (VE)
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| Filing 5 STANDING ORDER for Civil Cases Assigned to Judge Richard A. Jones. (cc: Defendants Holly Erin White and Julia Lacey via US Mail) (VE) |
| Filing 4 Notice of Filing Deficiency re #1 Notice of Removal,. ***Action Required*** Attorney Admission, Notice of Removal - Jury Demand Improperly Submitted.See attached letter for more information and instructions. (MJV) |
| Filing 3 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. JURY DEMAND - not submitted properly (Please refer to #LCR 101(b)(3) to file a proper jury demand) (MJV) |
| FILING FEE RECEIVED: $ 402.00, receipt number SEA107703. (RE) |
| Judge Richard A. Jones added. (MJV) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Bank of America Corporation, BAC of North America Holding Company, and NB Holdings Corporation for Bank of America, N.A.. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Bank of America, N.A. (Wozniak, Lukasz) Modified on 7/27/2022 add additional corporate parent names (CDA). |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 22-2-02569-7-SEA; (), filed by Bank of America, N.A.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Wozniak, Lukasz) (Fee Pending) (Additional attachment(s) added on 7/26/2022: #4 Amended Complaint) (MJV). (Attachment 3 replaced on 7/27/2022 due to malformed PDF) (CDA). (Additional attachment(s) added on 8/8/2022: #5 Complaint) (SR). |
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