Erickson et al v. JPMorgan Chase Bank NA et al
| John Erickson, Shelley Ann Erickson, MCCARTHY & HOLTHUS and QUALITY LOAN SERVICE CORPORATION |
| JPMORGAN CHASE, N.A., REBECCA DIETRICH, LANCE OLSEN, JPMorgan Chase Bank NA, Tara L Tucker, Heather Smith, McCarthy & Holthus LLP and Does 1-25 |
| 2:2023cv01801 |
| November 21, 2023 |
| US District Court for the Western District of Washington |
| Lauren King |
| Real Property: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 68 DECLARATION re #66 REPLY TO RESPONSE to #21 MOTION to Remand, filed by Plaintiff John Erickson. (SS) |
| Filing 67 DECLARATION re #66 REPLY TO RESPONSE to #21 MOTION to Remand, filed by Plaintiff Shelley Ann Erickson. (SS) |
| Filing 66 REPLY TO RESPONSE to #21 MOTION to Remand, filed by Plaintiffs John Erickson, Shelley Ann Erickson. (SS) |
| Filing 65 CERTIFICATE OF SERVICE by Plaintiff Shelley Ann Erickson re #62 Reply to Response to Motion. (SS) |
Filing 64
ORDER REQUESTING SUPPLEMENTAL BRIEFING: Plaintiffs must file a combined brief addressing the issues outlined in this order and responding to Chase's motion to dismiss (Dkt. No. #48 ) by 1/26/2024. Chase shall file its reply in support of its motion to dismiss by 2/2/2024. The Clerk of the Court is directed to re-note Chase's motion to dismiss (Dkt. No. #48 ) for 2/2/2024. Signed by Judge Lauren King. (SS) (cc: Plaintiff's via USPS)
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| Filing 63 DECLARATION re #62 Reply to Response to Motion, by Plaintiff Shelley Ann Erickson. (Attachments: #1 Exhibit) (SS) Modified file date on 1/10/2024 (MJV). |
| Filing 62 REPLY TO RESPONSE to #25 MOTION Strike Plaintiff's Motion for Default, filed by Plaintiffs John Erickson, Shelley Ann Erickson. (Attachments: #1 Exhibit) (SS) |
| Filing 59 CERTIFICATE OF SERVICE by Defendants McCarthy & Holthus LLP, Lance Olsen, Quality Loan Service Corporation re #57 Notice of Joinder into Motion, #56 Reply to Response to Motion (Gale, Shane) |
| Filing 58 CERTIFICATE OF SERVICE by Defendants McCarthy & Holthus LLP, Lance Olsen, Quality Loan Service Corporation re #54 Notice of Appearance, #55 Notice of Withdrawal of Counsel (Gale, Shane) |
| Filing 57 NOTICE of Joinder JOINING #48 MOTION to Dismiss , by Defendants McCarthy & Holthus LLP, Lance Olsen, Quality Loan Service Corporation. (Gale, Shane) |
| Filing 56 REPLY, filed by Defendants McCarthy & Holthus LLP, Lance Olsen, Quality Loan Service Corporation, TO RESPONSE to #27 MOTION to Dismiss for Failure to State a Claim (Gale, Shane) |
| Filing 55 NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Joseph W. McIntosh for Defendants McCarthy & Holthus LLP, Lance Olsen, Quality Loan Service Corporation. (McIntosh, Joseph) |
| Filing 54 NOTICE of Appearance by attorney Shane Patrick Gale on behalf of Defendants McCarthy & Holthus LLP, Lance Olsen, Quality Loan Service Corporation. (Gale, Shane) |
| Filing 61 DECLARATION re RESPONSE to Defendant's #48 MOTION to Dismiss, filed by Plaintiff Shelley Ann Erickson. (SS) |
| Filing 60 RESPONSE to Defendant's #48 MOTION to Dismiss, by Plaintiffs John Erickson, Shelley Ann Erickson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (SS) |
| Filing 53 NOTICE of Joinder JOINING #48 MOTION to Dismiss , by Defendant Rebecca Dietrich. (Tobin, Thomas) |
| Filing 52 RESPONSE by Defendant Rebecca Dietrich re #36 Response (non motion) (Tobin, Thomas) |
| Filing 51 DECLARATION of Heather Smith in Support of Response to Motion for Default filed by Defendant Heather Smith re #21 MOTION to Remand (Attachments: #1 Certificate of Service)(Smith, Heather) |
| Filing 50 RESPONSE, by Defendant Heather Smith, to #21 MOTION to Remand. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Smith, Heather) |
| Filing 49 DECLARATION of Midori Sagara filed by Defendant JPMorgan Chase Bank NA re #48 MOTION to Dismiss (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sagara, Midori) |
| Filing 48 MOTION to Dismiss , filed by Defendant JPMorgan Chase Bank NA. (Attachments: #1 Proposed Order) Noting Date 2/2/2024 1/19/2024, (Sagara, Midori) Modified noting date on 1/12/2024 (SS). |
| Filing 47 PROOF OF SERVICE filed by All Plaintiffs. (SB) |
| Filing 46 DECLARATION of John Erickson filed by Plaintiff John Erickson re Defendant's #27 MOTION to Dismiss for Failure to State a Claim. (SB) |
| Filing 45 DECLARATION of Shelley A. Erickson filed by Plaintiff Shelley Ann Erickson re Defendant's #28 Notice of Joinder into Motion. (SB) |
| Filing 44 RESPONSE in Objection filed by Plaintiffs John Erickson, Shelley Ann Erickson re Defendant's #28 Notice of Joinder into Motion. (SB) |
| Filing 43 SUPPLEMENTAL Pleading filed by Plaintiffs John Erickson, Shelley Ann Erickson in Support of Plaintiffs' Notice and Objection Response to All Listed Defendants. (SB) |
| Filing 42 SUPPLEMENTAL Pleading re #21 MOTION to Remand filed by Plaintiffs John Erickson, Shelley Ann Erickson. (SB) |
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Filing 41
MINUTE ORDER (text only) authorized by Judge Lauren King. The Court STRIKES #40 Plaintiffs' Notice because it seeks a remand to state court and Plaintiffs have already filed a pending motion to remand (docket entry 21). Furthermore, a "notice" is an improper vehicle by which to seek relief; parties seeking relief from the Court must file a motion. Plaintiffs are cautioned that pro se parties, like all other litigants, are required to comply with the Court's Local Civil Rules and the Federal Rules of Civil Procedure; failure to do so may result in sanctions. Finally, Plaintiffs' Notice shows some confusion over the terms "hearing" and "noting date"; Plaintiffs are reminded that under Local Civil Rule 7(b), a "noting date" sets the briefing schedule, and unless ordered by the Court, all motions will be decided without oral argument or a hearing. (cc: Plaintiffs via USPS) (NAW)
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| Filing 40 *STRICKEN* NOTICE of to Short a Notice of a Dated Hearing by Midori Sugara in Violation of Plaintiff's Statutory Rights Red. R. Civ. P. 12(a)(1) 7 A(1)(i)(B)(C) filed by Plaintiffs John Erickson, Shelley Ann Erickson. (SB) Stricken on 12/27/2023 per Dkt. No. 41. (NAW) |
| Filing 39 DECLARATION of Shelley A. Erickson filed by Plaintiff Shelley Ann Erickson re Defendants' #27 MOTION to Dismiss for Failure to State a Claim. (SB) |
| Filing 38 RESPONSE, by Plaintiffs John Erickson, Shelley Ann Erickson, to Defendants' #27 MOTION to Dismiss for Failure to State a Claim. (SB) |
| Filing 37 DECLARATION of Shelley A. Erickson filed by Plaintiff Shelley Ann Erickson re Defendant's #29 Notice of Joinder into Motion. (SB) |
| Filing 36 RESPONSE in Opposition, filed by Plaintiffs John Erickson, Shelley Ann Erickson, re Defendant's #29 Notice of Joinder. (SB) |
| Filing 35 DECLARATION of Shelley A. Erickson filed by Plaintiff Shelley Ann Erickson re #25 MOTION Strike Plaintiff's Motion for Default. (SB) |
| Filing 34 DECLARATION of John Erickson filed by Plaintiff John Erickson re #25 MOTION Strike Plaintiff's Motion for Default. (SB) |
| Filing 33 RESPONSE in Objection, filed by Plaintiffs John Erickson, Shelley Ann Erickson, to Defendant's #25 MOTION Strike Plaintiff's Motion for Default. (SB) |
| Filing 32 AFFIDAVIT of Mailing of Summons and Complaint to Defendants Rebecca Dietrich, JPMorgan Chase Bank NA, McCarthy & Holthus LLP, Lance Olsen, Quality Loan Service Corporation on 12/20/2023, filed by Plaintiffs John Erickson, Shelley Ann Erickson. (SS) Modified to correct filer on 12/21/2023 (SS). |
| Filing 31 DECLARATION of Dorothy A. Washington filed by Defendant JPMorgan Chase Bank NA re #9 MOTION to Remand, #21 MOTION to Remand (Sagara, Midori) |
| Filing 30 RESPONSE, by Defendant JPMorgan Chase Bank NA, to #9 MOTION to Remand, #21 MOTION to Remand. (Sagara, Midori) |
| Filing 29 NOTICE of Joinder JOINING #27 MOTION to Dismiss for Failure to State a Claim , by Defendant Rebecca Dietrich. (Tobin, Thomas) |
| Filing 28 NOTICE of Joinder JOINING #27 MOTION to Dismiss for Failure to State a Claim , by Defendant Heather Smith. (Attachments: #1 Certificate of Service, #2 Proposed Order)(Smith, Heather) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim , filed by Defendants McCarthy & Holthus LLP, Lance Olsen, Quality Loan Service Corporation. (Attachments: #1 Proposed Order, #2 Certificate of Service) Noting Date 1/12/2024, (McIntosh, Joseph) |
| Filing 26 NOTICE: Defendant Heather Smith has registered to electronically file and receive electronic service in this case. The party was directed to enter their appearance in accordance with LCR 83.2. (KB) |
| Filing 25 MOTION Strike Plaintiff's Motion for Default re #24 Declaration, #23 MOTION for Default , filed by Defendant JPMorgan Chase Bank NA. Noting Date 12/29/2023, (Sagara, Midori) |
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Filing 20
ORDER re #16 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Neal A Fisher, Jr for DEFENDANT Rebecca Dietrich, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (MG)
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| Filing 19 CERTIFICATE OF SERVICE by Defendants McCarthy & Holthus LLP, Quality Loan Service Corporation re #18 Corporate/Diversity Disclosure Statement, #17 Corporate/Diversity Disclosure Statement (McIntosh, Joseph) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by McCarthy & Holthus LLP. (McIntosh, Joseph) |
| Filing 17 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 Corporation. (McIntosh, Joseph) |
| Filing 24 DECLARATION re #23 MOTION for Default, filed by Plaintiff Shelley Ann Erickson. (SS) |
| Filing 23 MOTION for Default, filed by Plaintiffs John Erickson, Shelley Ann Erickson. Noted for 12/8/2023. (Attachments: #1 Proposed Order) (SS) |
| Filing 22 DECLARATION re #21 MOTION to Remand and for Entry of Default Judgment, filed by Plaintiff John Erickson. (SS) |
| Filing 21 MOTION to Remand and for Entry of Default Judgment, filed by Plaintiffs John Erickson, Shelley Ann Erickson. Noted for 1/5/2024. (SS) |
| Filing 16 APPLICATION OF ATTORNEY Neal A. Fisher, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Defendant Rebecca Dietrich (Fee Paid) Receipt No. AWAWDC-8271930 (Tobin, Thomas) |
| Application for Leave to Appear Pro Hac Vice #16 by attorney Neal A. Fisher, Jr will not be processed at this time. Attorney must first complete all requirements for PHV admission via PACER. Please contact Admissions Clerk Monique Guillebeau at 206-370-8433 or #WAWD_Admissions@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Neal A. Fisher, Jr) (MG) |
| Noting Date Set/Reset: Plaintiffs' #9 MOTION to Remand re-noted to 12/22/2023, per LCR7(d)(3). (SS) |
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Filing 15
ORDER: M&H and QLS are accordingly ORDERED to file amended corporate disclosure statements no later than 12/11/2023, complying with Local Civil Rule 7.1 and Federal Rule of Civil Procedure 7.1. Failure to do so may result in sanctions. Signed by Judge Lauren King. (SS) (cc: Plaintiffs via USPS)
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| NOTICE of Docket Text Modification re #11 Corporate/Diversity Disclosure Statement: Modified on 12/4/2023 to strike docket entry at request of filer - docket entry made in error. (KB) |
| Filing 14 CERTIFICATE OF SERVICE by Defendants McCarthy & Holthus LLP, Quality Loan Service Corporation re #12 Corporate/Diversity Disclosure Statement, #13 Corporate/Diversity Disclosure Statement (McIntosh, Joseph) |
| Filing 13 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 Corporation. (McIntosh, Joseph) |
| Filing 12 CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by McCarthy & Holthus LLP. (McIntosh, Joseph) |
| Filing 11 PLEASE DISREGARD CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by McCarthy & Holthus LLP. (McIntosh, Joseph) Modified on 12/4/2023 to strike docket entry at request of filer (KB). |
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Filing 8
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 7
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 10 DECLARATION of Shelley Ann Erickson re #9 MOTION to Remand, filed by Plaintiff Shelley Ann Erickson. (Attachments: #1 Exhibit) (SS) |
| Filing 9 MOTION to Remand, filed by Plaintiffs John Erickson, Shelley Ann Erickson. Noted for 12/22/2023 12/15/2023. (Attachments: #1 Exhibit) (SS) Modified noting date on 12/7/2023 (SS). |
| Filing 6 LETTER from Clerk re receipt of case from King County Superior Court and advising of WAWD case number and judge assignment. JURY DEMAND - properly submitted state court jury demand on file for plaintiffs. (cc plaintiff via USPS) (RE) |
| Judge Lauren King added. (RE) |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Defendant(s) Quality Loan Service Corporation and McCarthy & Holthus LLP must file a Corporate Disclosure Statement by 12/5/2023. 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.(RE) |
| Filing 4 NOTICE of Joinder JOINING #1 Notice of Removal,, by Defendant REBECCA DIETRICH. (Tobin, Thomas) |
| Filing 3 CORPORATE AND DIVERSITY DISCLOSURE STATEMENT identifying Other Affiliate JPMorgan Chase & Co., Other Affiliate The Vanguard Group, Inc. for JPMORGAN CHASE, N.A.. Filed pursuant to Fed.R.Civ.P 7.1(a)(1) and (2). Filed by JPMORGAN CHASE, N.A.. (Sagara, Midori) |
| Filing 2 VERIFICATION OF STATE COURT RECORDS re #1 Notice of Removal, by Defendant JPMORGAN CHASE, N.A. (Attachments: #1 Exhibit A-M)(Sagara, Midori) |
| Filing 1 NOTICE OF REMOVAL from King County Superior Court, case number 23-2-19627-9; (Receipt # AWAWDC-8250236) Attorney Midori R Sagara added to party JPMORGAN CHASE, N.A.(pty:dft) filed by JPMORGAN CHASE, N.A.. (Attachments: #1 Exhibit A-M, #2 Civil Cover Sheet)(Sagara, Midori) (Additional attachment(s) added on 11/28/2023: #3 Complaint) (RE). (Attachment 2 replaced on 11/29/2023 due to malformed PDF) (CDA). |
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