Case Details

CourtNorthern District of California
Docket number3:13-cv-02286
Date case filed2013-05-20
Date case closed
Date of latest filing
Assigned toMagistrate Judge Laurel Beeler
Case cause28:1442 Petition for Removal
Nature of suit220 Real Property: Foreclosure
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Angelique M. Aylsworth
Party type: Plaintiff
an individual
Attorney name: September Joy Katje
Attorney Contact:
Consumer Litigation Law Center, APC
100 N. Citrus Street, Suite 408
West Covina, CA 91791
(800) 787-5616
Fax: (888) 909-7647
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Kimberly A Harris Moses
Attorney Contact:
Consumer Litigation Law Center, APC
100 North Citrus, Suite 408
West Covina, CA 91791
800-787-5616
Fax: 888-909-7947
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Wells Fargo Bank, N.A.
Party type: Defendant
Attorney name: Edward Rick Buell , III
Attorney Contact:
Severson & Werson
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
415-398-3344
Fax: 415-956-0439
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Laszlo Ladi , Jr
Attorney Contact:
Severson and Werson
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
(415) 398-3344
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark Douglas Lonergan
Attorney Contact:
Severson & Werson
One Embarcadero Center, Suite 2600
San Francisco, CA 94111
415-398-3344
Fax: 415-956-0439
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Citibank, N.A.
Party type: Defendant
as Trustee for Bear Stearns ARM Trust 2007-4, Mortgage Pass Through Certificates, Series 2007-4
Attorney name: Edward Rick Buell , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Laszlo Ladi , Jr
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark Douglas Lonergan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: Private Mortgage Advisors, LLC
Party type: Defendant
a Delaware Limited Liability Company
Attorney name: Edward Rick Buell , III
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Laszlo Ladi , Jr
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Mark Douglas Lonergan
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: First American Trustee Servicing Solutions, LLC
Party type: Defendant
a Texas Limited Liability Company

formerly known asFirst American Loanstar Trustee Services
Attorney name: Lawrence Daniel Harris
Attorney Contact:
Law Offices of Glenn H. Wechsler
1646 N. California Blvd.
Suite 450
Walnut Creek, CA 94596
925-274-0200
Fax: 925-274-0202
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Glenn Harlan Wechsler
Attorney Contact:
Law Offices of Glenn H. Wechsler
1646 N. California Blvd, Suite 450
Walnut Creek, CA 94596
925 274-0200
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12013-05-20 NOTICE OF REMOVAL from San Mateo County Superior Court. Their case number is CIV 521054. (Filing fee $400 receipt number 34611086206). Filed byPrivate Mortgage Advisors, LLC, Wells Fargo Bank, N.A., Citibank, N.A.. (farS, COURT STAFF) (Filed on 5/20/2013) (farS, COURT STAFF). (Entered: 05/21/2013)
22013-05-20 ADR SCHEDULING ORDER: Case Management Statement due by 8/15/2013. Case Management Conference set for 8/22/2013 11:00 AM in Courtroom C, 15th Floor, San Francisco. (Attachments: # 1 Standing Order)(farS, COURT STAFF) (Filed on 5/20/2013) (Entered: 05/21/2013)
32013-05-20 Certificate of Interested Entities by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A. identifying Corporate Parent Citigroup Inc. for Citibank, N.A.; Corporate Parent Wells Fargo & Company for Wells Fargo Bank, N.A.. (farS, COURT STAFF) (Filed on 5/20/2013) (farS, COURT STAFF). (Entered: 05/21/2013)
42013-05-20 Joinder re 1 Notice of Removal, by First American Trustee Servicing Solutions, LLC. (farS, COURT STAFF) (Filed on 5/20/2013) (farS, COURT STAFF). (Entered: 05/21/2013)
52013-05-20 CERTIFICATE OF SERVICE by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A. re 1 Notice of Removal, 4 Joinder, 3 Certificate of Interested Entities, (farS, COURT STAFF) (Filed on 5/20/2013) (farS, COURT STAFF). (Entered: 05/21/2013)
62013-05-22 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by First American Trustee Servicing Solutions, LLC.. (Wechsler, Glenn) (Filed on 5/22/2013) (Entered: 05/22/2013)
72013-05-22 Certificate of Interested Entities by First American Trustee Servicing Solutions, LLC identifying Corporate Parent First American Trustee Servicing Solutions, LLC for First American Trustee Servicing Solutions, LLC. re 6 Consent/Declination to Proceed Before a US Magistrate Judge (Wechsler, Glenn) (Filed on 5/22/2013) (Entered: 05/22/2013)
82013-05-22 MOTION to Dismiss for Failure to State a Claim; Memorandum of Points and Authorities filed by First American Trustee Servicing Solutions, LLC. Motion Hearing set for 7/18/2013 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 6/5/2013. Replies due by 6/12/2013. (Wechsler, Glenn) (Filed on 5/22/2013) (Entered: 05/22/2013)
92013-05-22 Request for Judicial Notice re 8 MOTION to Dismiss for Failure to State a Claim; Memorandum of Points and Authorities filed byFirst American Trustee Servicing Solutions, LLC. (Related document(s) 8 ) (Wechsler, Glenn) (Filed on 5/22/2013) (Entered: 05/22/2013)
102013-05-22 Proposed Order re 8 MOTION to Dismiss for Failure to State a Claim; Memorandum of Points and Authorities, 9 Request for Judicial Notice, by First American Trustee Servicing Solutions, LLC. (Wechsler, Glenn) (Filed on 5/22/2013) (Entered: 05/22/2013)
112013-05-23 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Angelique M. Aylsworth.. (Katje, September) (Filed on 5/23/2013) (Entered: 05/23/2013)
122013-05-28 MOTION to Dismiss ; Notice thereof filed by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. Motion Hearing set for 7/18/2013 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 6/11/2013. Replies due by 6/18/2013. (Attachments: # 1 Proposed Order)(Ladi, Laszlo) (Filed on 5/28/2013) (Entered: 05/28/2013)
132013-05-28 Brief re 12 MOTION to Dismiss ; Notice thereof (Memorandum of Points and Authorities) filed byCitibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Related document(s) 12 ) (Ladi, Laszlo) (Filed on 5/28/2013) (Entered: 05/28/2013)
142013-05-28 Request for Judicial Notice re 12 MOTION to Dismiss ; Notice thereof filed byCitibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 12 ) (Ladi, Laszlo) (Filed on 5/28/2013) (Entered: 05/28/2013)
152013-05-28 CLERK'S NOTICE Re: Consent or Declination: Defendant (Wells Fargo Bank, N.A.) shall file a consent or declination to proceed before a magistrate judge due June 10, 2013. (ls, COURT STAFF) (Filed on 5/28/2013) (Entered: 05/28/2013)
162013-06-10 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A... (Ladi, Laszlo) (Filed on 6/10/2013) (Entered: 06/10/2013)
172013-06-11 AMENDED COMPLAINT against All Defendants. Filed byAngelique M. Aylsworth. (Attachments: # 1 Certificate/Proof of Service)(Katje, September) (Filed on 6/11/2013) (Entered: 06/11/2013)
182013-06-21 NOTICE by First American Trustee Servicing Solutions, LLC Notice of Correction of Mailing Address (Wechsler, Glenn) (Filed on 6/21/2013) (Entered: 06/21/2013)
192013-06-24 STIPULATION WITH PROPOSED ORDER and Request to Stay Litigation filed by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: # 1 Proposed Order)(Ladi, Laszlo) (Filed on 6/24/2013) (Entered: 06/24/2013)
202013-06-26 ORDER GRANTING JOINT STIPULATION TO STAY LITIGATION by Magistrate Judge Laurel Beeler: Granting 19 Stipulation. Case Management Conference set for 10/31/2013 at 11:00 a.m. A Joint Case Management Conference Statement due 10/24/2013. (lsS, COURT STAFF) (Filed on 6/26/2013) (Entered: 06/26/2013)
212013-07-30 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Ladi, Laszlo) (Filed on 7/30/2013) (Entered: 07/30/2013)
222013-08-01 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Katje, September) (Filed on 8/1/2013) (Entered: 08/01/2013)
232013-08-27 STIPULATION WITH PROPOSED ORDER To Stay Litigation filed by Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: # 1 Proposed Order)(Ladi, Laszlo) (Filed on 8/27/2013) (Entered: 08/27/2013)
242013-09-04 ORDER GRANTING STIPULATION TO STAY LITIGATION by Magistrate Judge Laurel Beeler: Granting 23 Stipulation. (ls, COURT STAFF) (Filed on 9/4/2013) (Entered: 09/04/2013)
252013-09-27 STIPULATION WITH PROPOSED ORDER To Stay Litigation filed by Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: # 1 Proposed Order)(Ladi, Laszlo) (Filed on 9/27/2013) (Entered: 09/27/2013)
262013-10-01 ORDER GRANTING JOINT STIPULATION TO STAY LITIGATION by Magistrate Judge Laurel Beeler: Granting 25 Stipulation. (ls, COURT STAFF) (Filed on 10/1/2013) (Entered: 10/01/2013)
272013-10-10 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Katje, September) (Filed on 10/10/2013) (Entered: 10/10/2013)
282013-10-15 ADR Clerks Notice Setting ADR Phone Conference on Wednesday, October 23, 2013 at 11:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 10/15/2013) (Entered: 10/15/2013)
292013-10-23 JOINT CASE MANAGEMENT STATEMENT filed by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Ladi, Laszlo) (Filed on 10/23/2013) (Entered: 10/23/2013)
302013-10-24 MOTION to Appear by Telephone at Case Management Conference filed by First American Trustee Servicing Solutions, LLC. (Attachments: # 1 Proposed Order Granting Application for Telephone Appearance at Case Management Conference)(Wechsler, Glenn) (Filed on 10/24/2013) (Entered: 10/24/2013)
312013-10-25 CLERKS NOTICE: The parties have submitted a case management statement that does not ask for a further stay or, alternatively, propose the case management dates required by the court's standing order. They should do one or the other. To allow this to happen, the court continues the case management conference to November 7, 2013 at 11:00 a.m. and directs the parties to file an updated case management statement with their dates or request by October 31, 2013. A Joint Case Management Statement (with updated information as outlined above) due by 10/31/2013. Case Management Conference set for 11/7/2013 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. (This is a docket text entry only. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 10/25/2013) (Entered: 10/25/2013)
322013-10-25 ORDER GRANTING APPLICATION FOR TELEPHONIC APPEARANCE AT CASE MANAGEMENT CONFERENCE by Magistrate Judge Laurel Beeler: Granting 30 Motion to Appear by Telephone. Counsel to make the necessary arrangements through CourtCall. (ls, COURT STAFF) (Filed on 10/25/2013) (Entered: 10/25/2013)
332013-10-29 JOINT CASE MANAGEMENT STATEMENT filed by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Ladi, Laszlo) (Filed on 10/29/2013) (Entered: 10/29/2013)
342013-10-31 NOTICE of Appearance by Kimberly A Harris Moses (Attachments: # 1 Certificate/Proof of Service)(Moses, Kimberly) (Filed on 10/31/2013) (Entered: 10/31/2013)
352013-10-31 MOTION to Appear by Telephone filed by Angelique M. Aylsworth. (Attachments: # 1 Proposed Order)(Moses, Kimberly) (Filed on 10/31/2013) (Entered: 10/31/2013)
362013-11-01 MOTION to Dismiss First Amended Complaint for Failure to State a Claim; Memornaudm of Points and Authorities filed by First American Trustee Servicing Solutions, LLC. Motion Hearing set for 1/16/2014 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 11/15/2013. Replies due by 11/22/2013. (Wechsler, Glenn) (Filed on 11/1/2013) (Entered: 11/01/2013)
372013-11-01 Proposed Order re 36 MOTION to Dismiss First Amended Complaint for Failure to State a Claim; Memornaudm of Points and Authorities by First American Trustee Servicing Solutions, LLC. (Wechsler, Glenn) (Filed on 11/1/2013) (Entered: 11/01/2013)
382013-11-01 ORDER LIFTING STAY AND CONTINUING THE CASE MANAGEMENT CONFERENCE. The court makes clear that the stay of this action is LIFTED and CONTINUES the initial case management conference, which currently is set for November 7, 2013, to January 23, 2013 at 11:00 a.m. in Courtroom C, 15th Floor, United States District Court, 450 Golden Gate Avenue, San Francisco, California, 94102. Furthermore, in light of this continuance, Plaintiff's administrative to appear by telephone at it is DENIED AS MOOT. Signed by Judge Laurel Beeler on 11/1/2013. (lblc2, COURT STAFF) (Filed on 11/1/2013) (Entered: 11/01/2013)
392013-11-01 AMENDED ORDER LIFTING STAY AND CONTINUING THE CASE MANAGEMENT CONFERENCE. The court amends its prior order to make clear that the case management conference is continued to January 23, 2014, not January 23, 2013. Signed by Judge Laurel Beeler on 11/1/2013. (lblc2, COURT STAFF) (Filed on 11/1/2013) (Entered: 11/01/2013)
402013-11-05 MOTION to Dismiss First Amended Complaint filed by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. Motion Hearing set for 1/16/2014 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 11/19/2013. Replies due by 11/26/2013. (Attachments: # 1 Proposed Order)(Ladi, Laszlo) (Filed on 11/5/2013) (Entered: 11/05/2013)
412013-11-05 Request for Judicial Notice re 40 MOTION to Dismiss First Amended Complaint filed byCitibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Attachments: # 1 Exhibit A-E)(Related document(s) 40 ) (Ladi, Laszlo) (Filed on 11/5/2013) (Entered: 11/05/2013)
422013-11-15 RESPONSE (re 36 MOTION to Dismiss First Amended Complaint for Failure to State a Claim; Memornaudm of Points and Authorities ) filed byAngelique M. Aylsworth. (Attachments: # 1 Certificate/Proof of Service)(Katje, September) (Filed on 11/15/2013) (Entered: 11/15/2013)
432013-11-19 RESPONSE (re 40 MOTION to Dismiss First Amended Complaint ) filed byAngelique M. Aylsworth. (Attachments: # 1 Certificate/Proof of Service)(Moses, Kimberly) (Filed on 11/19/2013) (Entered: 11/19/2013)
442013-11-22 REPLY (re 36 MOTION to Dismiss First Amended Complaint for Failure to State a Claim; Memornaudm of Points and Authorities ) filed byFirst American Trustee Servicing Solutions, LLC. (Wechsler, Glenn) (Filed on 11/22/2013) (Entered: 11/22/2013)
452013-11-22 REPLY (re 40 MOTION to Dismiss First Amended Complaint ) filed byCitibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Ladi, Laszlo) (Filed on 11/22/2013) (Entered: 11/22/2013)
462014-01-09 MOTION to Appear by Telephone at Hearing on Motion to Dismiss filed by First American Trustee Servicing Solutions, LLC. (Wechsler, Glenn) (Filed on 1/9/2014) (Entered: 01/09/2014)
472014-01-09 Proposed Order re 46 MOTION to Appear by Telephone at Hearing on Motion to Dismiss by First American Trustee Servicing Solutions, LLC. (Wechsler, Glenn) (Filed on 1/9/2014) (Entered: 01/09/2014)
482014-01-10 MOTION to Appear by Telephone filed by Angelique M. Aylsworth. (Attachments: # 1 Proposed Order)(Moses, Kimberly) (Filed on 1/10/2014) (Entered: 01/10/2014)
492014-01-10 ORDER GRANTING APPLICATION FOR TELEPHONIC APPEARANCE AT HEARING ON MOTION TO DISMISS by Magistrate Judge Laurel Beeler: Granting 48 Motion to Appear by Telephone. Counsel to make the necessary arrangements through CourtCall. (ls, COURT STAFF) (Filed on 1/10/2014) (Entered: 01/10/2014)
502014-01-13 ORDER GRANTING APPLICATION TO APPEAR TELEPHONICALLY by Magistrate Judge Laurel Beeler: Granting 46 Motion to Appear by Telephone. Counsel to make the necessary arrangements through CourtCall. (ls, COURT STAFF) (Filed on 1/13/2014) (Entered: 01/13/2014)
512014-01-13 JOINT CASE MANAGEMENT STATEMENT filed by Citibank, N.A., Private Mortgage Advisors, LLC, Wells Fargo Bank, N.A.. (Ladi, Laszlo) (Filed on 1/13/2014) (Entered: 01/13/2014)
522014-01-15 CLERKS NOTICE VACATING MOTIONS TO DISMISS HEARING set for January 16, 2014 at 9:30 a.m. before Magistrate Judge Laurel Beeler. The motions will be determined on the pleadings. (This is a docket text entry only. There are no documents associated with this entry.) (ls, COURT STAFF) (Filed on 1/15/2014) (Entered: 01/15/2014)
532014-01-15 CLERKS NOTICE VACATING CASE MANAGEMENT CONFERENCE on January 23, 2014 at 11:00 a.m. before Magistrate Judge Laurel Beeler. A Joint Case Management Statement due by 3/20/2014. Case Management Conference set for 3/27/2014 at 11:00 AM in Courtroom C, 15th Floor, San Francisco. (This is a docket text entry only. There are no documents associated with this entry.) (ls, COURT STAFF) (Filed on 1/15/2014) (Entered: 01/15/2014)
542014-01-17 ORDER by Judge Laurel Beeler granting 36 Motion to Dismiss; granting 40 Motion to Dismiss (lblc1S, COURT STAFF) (Filed on 1/17/2014) (Entered: 01/17/2014)