Wilson et al v. JPMorgan Chase Bank NA et al
| John Wilson and Jacqueline Wilson |
| JPMorgan Chase Bank NA and Quality Loan Service Corp of Washington |
| 2:2023cv00805 |
| May 30, 2023 |
| US District Court for the Western District of Washington |
| Lauren King |
| Real Property: Foreclosure |
| 28 U.S.C. § 1444 Petition for Removal- Foreclosure |
| None |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 REPLY, filed by Defendant JPMorgan Chase Bank NA, TO RESPONSE to #19 MOTION to Dismiss for Failure to State a Claim Re First Amended Complaint (McCullough, Hugh) |
| Filing 32 CERTIFICATE OF SERVICE by Plaintiff John Wilson re #31 Response to Motion (MJV) |
| Filing 31 RESPONSE to #19 MOTION to Dismiss for Failure to State a Claim Re First Amended Complaint, by Plaintiffs Jacqueline Wilson, John Wilson. (Attachments: #1 Exhibit) (SS) (Attachment 1 replaced on 7/26/2023 to correct error) (SS). |
Filing 30
MINUTE ORDER (text only) authorized by Judge Lauren King. The Court has reviewed Plaintiff's #29 letter regarding Defendant JP Morgan Chase Bank, N.A.'s #26 Response to Order to Show Cause. The Court's Order to Show Cause remains discharged. Dkt. No. 28. (cc: Plaintiffs via USPS) (NAW)
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| Filing 29 LETTER from Plaintiff re Defendant's #26 Response to Order to Show Cause, filed by John Wilson. (MJV) |
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Filing 28
MINUTE ORDER (text only) authorized by Judge Lauren King. In light of Defendant's Response to Order to Show Cause, Dkt. No. 26, the Court DISCHARGES its Order to Show Cause, Dkt. No. 22. The Court further acknowledges the requirements of Federal Rule of Civil Procedure 16(b), but finds good cause to defer entry of an initial case scheduling order. (cc: Plaintiffs via USPS) (NAW)
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| Filing 27 DECLARATION of Caleah Whitten re #26 Response to Order to Show Cause by Defendant JPMorgan Chase Bank NA (Attachments: #1 Exhibit A, #2 Exhibit B)(McCullough, Hugh) |
| Filing 26 RESPONSE TO ORDER TO SHOW CAUSE by Defendant JPMorgan Chase Bank NA re: 22 Order to Show Cause,,,, (McCullough, Hugh) |
| Filing 25 RESPONSE, by Defendant JPMorgan Chase Bank NA, to #11 MOTION to Remand. (Attachments: #1 Proposed Order)(McCullough, Hugh) |
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Filing 24
STANDING ORDER FOR ALL CIVIL CASES. The procedures in this Order supplement, and in some cases, supersede the local rules. The parties are responsible for being familiar with the procedures in this Order. Failure to comply with the procedures may result in sanctions. Signed by Judge Lauren King. (cc: Plaintiffs via USPS) (NAW)
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Filing 23
STANDING ORDER REGARDING 28 U.S.C. 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by Judge Lauren King. (cc: Plaintiffs via USPS) (NAW)
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| Filing 22 MINUTE ENTRY (text only) authorized by Judge Lauren King. Section IV.F. of the Court's Standing Order for All Civil Cases instructs parties to "make a meaningful effort to confer prior to filing a dispositive motion," and requires any dispositive motion to "contain a certification of conferral" that is "clearly visible within either the first substantive paragraph or the final paragraph of the motion." Defendant JPMorgan Chase Bank NA's #19 Motion to Dismiss does not contain a proper certification of conferral. Accordingly, JPMorgan Chase is ORDERED TO SHOW CAUSE why its motion should not be stricken within 10 days of the date of this Order. The Court will discharge this order to show cause if Chase (1) certifies that it has made a meaningful effort to confer with Plaintiffs regarding the substance of its motion to dismiss; and (2) describes whether that effort has resulted in agreement on any aspects of the motion. Chase is also ORDERED TO SHOW CAUSE within 10 days why the Court should not deny as moot its #7 Motion to Enforce Referral to Bankruptcy Court since that motion asks the Court to transfer--rather than dismiss with prejudice--this case. (cc: Plaintiffs via USPS) (NAW) |
| Filing 21 NOTICE of Joinder JOINING #19 MOTION to Dismiss for Failure to State a Claim Re First Amended Complaint, by Defendant Quality Loan Service Corp of Washington. (McDonald, Robert) |
| Filing 20 REQUEST by Defendant JPMorgan Chase Bank NA for Judicial Notice in Support of Motion to Dismiss re #19 MOTION to Dismiss for Failure to State a Claim Re First Amended Complaint (Attachments: #1 Exhibit A, #2 Exhibit B)(McCullough, Hugh) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim Re First Amended Complaint, filed by Defendant JPMorgan Chase Bank NA. (Attachments: #1 Proposed Order) Noting Date 7/28/2023, (McCullough, Hugh) |
| Filing 18 RESPONSE, by Plaintiff John Wilson, to #7 MOTION to Enforce Referral to Bankruptcy Court. (SS) |
| Filing 17 MOTION to Remand and for Rejection of Chase Bank's Motion to Enforce Referral, filed by Plaintiff John Wilson. Noted for 7/21/2023. (SS) Modified to terminate motion as duplicative of dkt #11 on 6/30/2023 (SS). |
| Filing 16 LETTER to Judge Lauren King re Certified Word Count for #14 Surreply, filed by John Wilson. (SS) |
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Filing 15
MINUTE ORDER (text only) authorized by Judge Lauren King. The Court construes Plaintiff's #14 "Re: Reply in Support of Motion to Enforce Referral to Bankruptcy Court" as a procedurally improper surreply and STRIKES the submission. See, e.g., Murphy v. Wedan, No. 3:21-CV-05707-BHS, 2022 WL 3018256, at *2 n.3 (W.D. Wash. July 29, 2022). The Local Civil Rules restrict the filing of surreply briefs to one situation: when a party moves to "strike material contained in or attached to a reply brief[.]" LCR 7(g). Plaintiff's submission violates LCR 7(g) because (1) it is not "strictly limited" to a request to strike and instead addresses arguments advanced in Defendant's #13 reply brief; (2) Plaintiff did not "file a notice of intent to file a surreply as soon after receiving the reply brief as practicable"; and (3) Plaintiff's submission lacks the requisite word count certification--an error the Court has already flagged with respect to Plaintiff's other filings. LCR 7(g)(1)-(3); see also Dkt. No. 12; LCR 7(e)(6). Future violations of applicable law may result in sanctions. (cc: Plaintiffs via USPS) (NAW)
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| Filing 14 *STRICKEN* SURREPLY filed by Plaintiff John Wilson re #11 MOTION to Remand. (SS) Modified on 6/27/2023 per Dkt. No. 15. (NAW) |
| Filing 13 REPLY, filed by Defendant JPMorgan Chase Bank NA, TO RESPONSE to #7 MOTION to Enforce Referral to Bankruptcy Court (McCullough, Hugh) |
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Filing 12
MINUTE ORDER (text only) authorized by Judge Lauren King. Plaintiff's #8 Response to J.P. Morgan Chase Bank, N.A.'s Notice of Removal and Motion to Enforce Referral to Bankruptcy Court and #11 Motion for Remand and for Rejection of Chase's Motion to Enforce Referral violate the Local Civil Rules. Effective February 1, 2023, motions aimed at changing the forum (e.g., motions to remand and motions to transfer) and briefs in opposition to such motions "shall not exceed 8,400 words[.]" LCR 7(e)(3). To enforce these word count limitations, Local Civil Rule 7(e)(6) requires the signature block to include "a certification of the signer as to the number of words, substantially as follows: 'I certify that this memorandum contains __ words, in compliance with the Local Civil Rules.'" Neither of Plaintiff's aforementioned submissions includes such certification. Accordingly, no later than June 28, 2023, Plaintiff must file a certification of word count for Docket Numbers #8 and #11 and identify any overlength portion(s) of those submissions. The Court will not consider any overlength portion(s). Should Plaintiff fail to file a timely certification, the Court will strike Docket Numbers #8 and #11 in their entirety. (cc: Plaintiffs via USPS) (NAW)
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| Filing 11 MOTION to Remand and for Rejection of Defendant Chase Bank's Motion to Enforce Referral, filed by Plaintiff John Wilson. Noted for 7/14/2023. (Attachments: #1 Proposed Order, #2 Exhibit) |
| Filing 10 LETTER re #9 Verification of State Court Records, and Notice of Intent to File Motion to Remand, by John Wilson. (SS) |
| Filing 9 VERIFICATION OF STATE COURT RECORDS by Defendant JPMorgan Chase Bank NA (Attachments: #1 Exhibit A)(McCullough, Hugh) |
| Filing 8 RESPONSE, by Plaintiff John Wilson, to #7 MOTION to Enforce Referral to Bankruptcy Court. (SS) |
| Filing 7 MOTION to Enforce Referral to Bankruptcy Court, filed by Defendant JPMorgan Chase Bank NA. (Attachments: #1 Proposed Order) Noting Date 6/23/2023, (McCullough, Hugh) |
| Filing 6 MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Lauren King for all further proceedings. Magistrate Judge David W. Christel no longer assigned to case, by Clerk, Ravi Subramanian. (KEB) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Quality Loan Service Corp of Washington. (McDonald, Robert) |
| Filing 4 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT OR DECLINE FORM. If consent or decline, return the executed form by 7/5/2023. Please Note: Forms must not be electronically filed with the Court. (cc: Plaintiffs via USPS) (KEB) |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Defendant(s) must file a Corporate Disclosure Statement by 6/9/2023. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (MG) |
| Filing 3 LETTER from Clerk re receipt of case from Snohomish County Superior Court and advising of WAWD case number and judge assignment. (MG) |
| Judge David W. Christel added. (MG) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent JPMorgan Chase & Co for JPMorgan Chase Bank NA. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by JPMorgan Chase Bank NA. (McCullough, Hugh) |
| Filing 1 NOTICE OF REMOVAL from Snohomish County Superior Court, case number 23-2-03142-31; (Receipt # AWAWDC-8027542) Attorney Hugh R McCullough added to party JPMorgan Chase Bank NA(pty:dft) filed by JPMorgan Chase Bank NA. (Attachments: #1 Exhibit A Operative First Amended Complaint, #2 Exhibit B Complaint, #3 Civil Cover Sheet)(McCullough, Hugh) |
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