Ames v. Wells Fargo Bank NA
| Linda Ames and Linda Marie Ames |
| Wells Fargo Bank NA |
| 3:2023cv05986 |
| October 30, 2023 |
| US District Court for the Western District of Washington |
| Benjamin H Settle |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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| Filing 51 Final MOTION for Summary Judgment by Plaintiff, filed by Plaintiff Linda Ames. (Attachments: #1 Exhibit affidavit, #2 Exhibit affidavit, #3 Exhibit exhibits, #4 Proposed Judgment proposed judgment) Noting Date 1/12/2024, (Ames, Linda) |
Filing 50
MINUTE ORDER. Pursuant to the request, Dkt. #49 , for a ruling on the Motion to Dismiss, Dkt. #18 , and the Motion for Vexatious Litigant Ruling, Dkt. #24 , those two motions, Dkts. #18 , #24 , are RENOTED to Wednesday, December 13, 2023. Authorized by Judge Benjamin H. Settle. (MW)
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| Filing 49 REQUEST by Defendant Wells Fargo Bank NA for Ruling on Wells Fargo's Motion to Dismiss [Dkt 18] and Motion for Vexatious Litigant Finding [Dkt 24] (Jastrzebski, Justin) |
| Filing 48 NOTICE: Plaintiff Linda Ames has registered to electronically file and receive electronic service in this case. (KB) |
| Filing 47 COMPLAINT against defendant(s) Wells Fargo Bank NA with JURY DEMAND (indicated on Civil Cover Sheet) (Receipt # IFP Granted) filed by Linda Ames. (MW) |
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Filing 46
ORDER granting Plaintiff's #45 Motion for Leave to Proceed In Forma Pauperis. Signed by Magistrate Judge Grady J Leupold.(MW) (cc: Plaintiff via USPS)
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| Filing 45 MOTION for Leave to Proceed In Forma Pauperis before Judge Grady J. Leupold filed by Linda Ames. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(MW) |
| Filing 44 DIVERSITY DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P. 7.1(a)(2). Filed by Wells Fargo Bank NA. (Attachments: #1 Exhibit)(Jastrzebski, Justin) |
| Filing 43 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Wells Fargo & Company for Wells Fargo Bank NA. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Wells Fargo Bank NA. (Jastrzebski, Justin) |
| Filing 42 NOTICE of Association of Attorney by Justin T Jastrzebski on behalf of Defendant Wells Fargo Bank NA. (Jastrzebski, Justin) |
| Filing 41 Notice of Filing Deficiency ***Action Required*** Incorrect IFP Submitted.See attached letter for more information and instructions. Filer has until 11/29/2023 to correct IFP application (Attachments: #1 IFP Form) (AMD)(cc: Pltf via USPS) |
| Filing 40 LETTER from Clerk to parties re receipt of case from District of Northern District of California and advising of WAWD case number and judge assignment. (AMD)(cc: Pltf via USPS) |
| Filing 38 Case transferred in from the Northern District of California, Case Number 4:23-cv-01080. (AMD) |
| Filing 37 Emergency MOTION for Reconsideration re #36 Order Transferring Case, filed by Linda Marie Ames. (Attachments: #1 Exhibit response providing elements)(Ames, Linda) (Filed on 10/30/2023) [Transferred from cand on 10/30/2023.] |
| NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Defendant must file a Corporate Disclosure Statement by 11/6/2023. 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.(AMD) |
| Judge Benjamin H. Settle added. (AMD) |
| case electronically transmitted to the United States District Court for the Western District of Washington. (tn, COURT STAFF) (Filed on 10/30/2023) [Transferred from cand on 10/30/2023.] |
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Filing 36
ORDER TRANSFERRING CASE. Signed by Chief Magistrate Judge Donna M. Ryu on 10/27/2023. (dmrlc1, COURT STAFF) (Filed on 10/27/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.]
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| Filing 35 REPLY (re #18 MOTION to Dismiss Complaint ) response to wells re osc by court ECF 32 33 34 filed byLinda Marie Ames. (Ames, Linda) (Filed on 10/24/2023) [Transferred from cand on 10/30/2023.] |
| Filing 34 RESPONSE TO ORDER TO SHOW CAUSE by Wells Fargo Bank, N.A. Reply in Response to Linda Ames' Response to Court's Order to Show Cause. (Bailey, Robert) (Filed on 10/23/2023) [Transferred from cand on 10/30/2023.] |
| #Electronic filing error Re: #33 Reply to Opposition/Response filed by Linda Marie Ames. Incorrect event used. [err101] Corrected by Clerk's Office. No further action is necessary. (slh, COURT STAFF) (Filed on 10/17/2023) [Transferred from cand on 10/30/2023.] |
| Filing 33 Response to #32 Order to Show Cause by Linda Marie Ames. (Attachments: #1 Exhibit)(Ames, Linda) (Filed on 10/16/2023) Modified on 10/17/2023 (slh, COURT STAFF). [Transferred from cand on 10/30/2023.] |
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Filing 32
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE TRANSFERRED: By no later than 10/19/2023, Plaintiff shall file a statement explaining why this case should not be transferred to the United States District Court for the Western District of Washington. Signed by Chief Magistrate Judge Donna M. Ryu on 10/2/2023. (ig, COURT STAFF) (Filed on 10/2/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.]
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| Filing 31 REPLY (re #18 MOTION to Dismiss Complaint ) filed byWells Fargo Bank, N.A.. (Bailey, Robert) (Filed on 6/12/2023) [Transferred from cand on 10/30/2023.] |
| Filing 30 OPPOSITION/RESPONSE to (re #18 MOTION to Dismiss Complaint, re #24 MOTION for Hearing re Vexatious Litigant Ruling ) filed byLinda Ames. (Attachments: #1 Envelope)(tn, COURT STAFF) (Filed on 6/5/2023) [Transferred from cand on 10/30/2023.] |
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Filing 29
ORDER Vacating 6/8/2023 Hearing. Signed by Chief Magistrate Judge Donna M. Ryu on 5/26/2023. (dmrlc1, COURT STAFF) (Filed on 5/26/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.]
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| Filing 28 CLERK'S NOTICE: This case has been reassigned to Chief Magistrate Judge Donna M. Ryu on 4/4/2023. Per Order Reassigning Case filed on 4/4/2023 #8 the Initial Case Management Conference previously set for 6/9/2023 02:00 PM before Magistrate Judge Alex G. Tse has been vacated. The Initial Case Management Conference will be rescheduled by Chief Magistrate Judge Donna M. Ryu as deemed appropriate later. (ig, COURT STAFF) (Filed on 5/17/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.] |
| Filing 27 Response to Order to Show Cause #14 filed by Linda Ames. (Attachments: #1 Envelope)(slh, COURT STAFF) (Filed on 5/15/2023) [Transferred from cand on 10/30/2023.] |
| Filing 26 Response to Court's #14 Order to Show Cause filed by Linda Ames. (Attachments: #1 Envelope)(tn, COURT STAFF) (Filed on 5/15/2023) [Transferred from cand on 10/30/2023.] |
| Filing 25 Request for Judicial Notice re #24 MOTION for Hearing re Vexatious Litigant Ruling filed byWells Fargo Bank, N.A.. (Attachments: #1 Exhibit (1-22) in Support of Request for Judicial Notice re Motion re Vexatious Litigant)(Related document(s) #24 ) (Bailey, Robert) (Filed on 5/4/2023) [Transferred from cand on 10/30/2023.] |
| Filing 24 MOTION for Hearing re Vexatious Litigant Ruling filed by Wells Fargo Bank, N.A.. (Attachments: #1 Proposed Order in Support of Motion re Vexatious Litigant)(Bailey, Robert) (Filed on 5/4/2023) [Transferred from cand on 10/30/2023.] |
| Filing 23 Proposed Order re #18 MOTION to Dismiss Complaint, #19 Request for Judicial Notice by Wells Fargo Bank, N.A.. (Bailey, Robert) (Filed on 5/4/2023) [Transferred from cand on 10/30/2023.] |
| Filing 22 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Linda Ames. (kmg, COURT STAFF) (Filed on 5/4/2023) [Transferred from cand on 10/30/2023.] |
| Filing 21 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wells Fargo Bank, N.A... (Bailey, Robert) (Filed on 4/28/2023) [Transferred from cand on 10/30/2023.] |
| Filing 20 CLERK'S NOTICE Re: Consent or Declination: Defendant has filed a Motion to Dismiss and a hearing has been scheduled for 6/8/2023 at 1:00 PM. Pursuant to 28 U.S.C. section 636, the magistrate judge cannot decide this motion unless all parties consent to proceed before Chief Magistrate Judge Donna M. Ryu.A review of our records discloses that the Consent or Declination to Magistrate Judge Jurisdiction has not been filed in this case. All parties are requested to complete the attached form documenting either consent or request for reassignment and file it with the Court by 5/4/2023. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/4/2023. (ig, COURT STAFF) (Filed on 4/27/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.] |
| Filing 19 Request for Judicial Notice re #18 MOTION to Dismiss Complaint filed byWells Fargo Bank, N.A.. (Related document(s) #18 ) (Bailey, Robert) (Filed on 4/26/2023) [Transferred from cand on 10/30/2023.] |
| Filing 18 MOTION to Dismiss Complaint filed by Wells Fargo Bank, N.A.. Motion Hearing set for 6/8/2023 01:00 PM in Oakland, Courtroom 4, 3rd Floor before Magistrate Judge Donna M. Ryu. Responses due by 5/10/2023. Replies due by 5/17/2023. (Bailey, Robert) (Filed on 4/26/2023) [Transferred from cand on 10/30/2023.] |
| Filing 17 SECOND CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/4/2023. (ig, COURT STAFF) (Filed on 4/20/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.] |
| Filing 16 CLERK'S NOTICE TO DEFENDANT Re: Consent or Declination: Defendant shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 5/3/2023. (ig, COURT STAFF) (Filed on 4/19/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.] |
| Filing 15 NOTICE of Appearance by Robert Arthur Bailey for Defendant Wells Fargo Bank, N.A. (Bailey, Robert) (Filed on 4/13/2023) [Transferred from cand on 10/30/2023.] |
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Filing 14
ORDER TO SHOW CAUSE. Show Cause Response due by 5/11/2023. Signed by Chief Magistrate Judge Donna M. Ryu on 4/12/2023. (dmrlc1, COURT STAFF) (Filed on 4/12/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.]
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| Filing 13 Clerk's DECLINATION OF DEFAULT as to Wells Fargo Bank. Service of summons must be made by a person who is at least 18 years old and not a party. See Rule 4 of the Federal Rules of Civil Procedure. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Related documents(s) #10 )(hdj, COURT STAFF) (Filed on 4/12/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) Modified on 4/12/2023 (hdj, COURT STAFF). [Transferred from cand on 10/30/2023.] |
| Filing 12 Clerk's DECLINATION OF DEFAULT as to Wells Fargo Bank, N.A. (Attachments: #1 Certificate/Proof of Service) (Related documents(s) #10 )(wsn, COURT STAFF) (Filed on 4/11/2023) [Transferred from cand on 10/30/2023.] |
| Filing 11 MOTION for Default Judgment by the Court as to Wells Fargo Bank, N.A., filed by Linda Ames. Responses due by 4/25/2023. Replies due by 5/2/2023. (Attachments: #1 Proposed Order, #2 Envelope)(wsn, COURT STAFF) (Filed on 4/11/2023) Modified on 4/12/2023 (hdj, COURT STAFF). [Transferred from cand on 10/30/2023.] |
| Filing 10 MOTION for Default Judgment by the Clerk as to Wells Fargo Bank, N.A., filed by Linda Ames. (Attachments: #1 Proposed Order, #2 Envelope)(wsn, COURT STAFF) (Filed on 4/11/2023) [Transferred from cand on 10/30/2023.] |
| Filing 9 CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: #http://cand.uscourts.gov/civilforms. Consent/Declination due by 4/19/2023. (ig, COURT STAFF) (Filed on 4/5/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.] |
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Filing 8
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Donna M. Ryu for all further proceedings. Magistrate Judge Alex G. Tse no longer assigned to case. Signed by Clerk on 04/04/2023. (mbc, COURT STAFF) (Filed on 4/4/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.]
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Filing 7
ORDER of Recusal by Magistrate Judge Alex G. Tse. (shy, COURT STAFF) (Filed on 4/4/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.]
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| Filing 6 SUMMONS Returned Executed by Linda Ames. Wells Fargo Bank, N.A. served on 3/20/2023, answer due 4/10/2023. (Attachments: #1 Envelope)(slh, COURT STAFF) (Filed on 3/31/2023) [Transferred from cand on 10/30/2023.] |
| Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 6/2/2023. Initial Case Management Conference set for 6/9/2023 at 2:00 PM in San Francisco, Courtroom A, 15th Floor. (tn, COURT STAFF) (Filed on 3/10/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) [Transferred from cand on 10/30/2023.] |
| Filing 4 Summons Issued as to Wells Fargo Bank, N.A.. (tn, COURT STAFF) (Filed on 3/10/2023) [Transferred from cand on 10/30/2023.] |
| Filing 3 APPLICATION for Leave to Proceed in forma pauperis filed by Linda Ames. (tn, COURT STAFF) (Filed on 3/10/2023) [Transferred from cand on 10/30/2023.] |
| Filing 2 EXHIBITS to re #1 Complaint filed by Linda Ames. (Related document(s) #1 ) (tn, COURT STAFF) (Filed on 3/10/2023) [Transferred from cand on 10/30/2023.] |
| Filing 1 COMPLAINT FOR VIOLATION OF 12 CFR part 1026.10(a) and Cal. Civ. Code 2941.7 FOR FAILURE TO TIMELY RECORD A SATISFACTION OF MORTGAGE;UNIFORM DECEPTIVE TRADE PRACTICES ACT ADOPTED, NO (24-5-0,5-1 TO10) PENDANT STATE CLAIMS WRONGFUL FORECLOSURE, FRAUD, CONCEALMENT, MISREPRESENTATION, AND CIVIL CONSPIRACY against Wells Fargo Bank, N.A., (Filing Fee: ifpp entered 3/10/2023). Filed byLinda Ames. Consent/Declination due by 3/24/2023. (Attachments: #(1) Civil Cover Sheet, #(2) Envelope) (tn, COURT STAFF) (Filed on 3/10/2023) [Transferred from cand on 10/30/2023.] |
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