Case details

Court: caed
Docket #: 2:12-cv-00733
Case Name: Helmer v. Bank of America, N.A.
PACER case #: 236659
Date filed: 2012-03-22
Assigned to: Judge Kimberly J. Mueller
Referred to: Magistrate Judge Gregory G. Hollows
Case Cause: 28:1441 Petition for Removal
Nature of Suit: 220 Real Property: Foreclosure
Jury Demand: Plaintiff
Jurisdiction: Diversity

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-03-22 1 0 NOTICE of REMOVAL from Sutter County Superior Court, case number CVCS12-0348. by Bank of America Corporation. (Attachments: # 1 Exhibit A (civil case cover sheet - state), # 2 Exhibit B (complaint), # 3 Exhibit s C - F (state court pldgs, minute order), # 4 Civil Cover Sheet (federal), # 5 Notice of Interested Parties)(Babcock, Daska) (Entered: 03/22/2012) 2013-03-01 12:54:44 06b62a6bd2a99185c0492151584b63b2650f9b7d
1 1 Exhibit A (civil case cover sheet - state)
1 2 Exhibit B (complaint)
1 3 Exhibit s C - F (state court pldgs, minute order)
1 4 Civil Cover Sheet (federal)
1 5 Notice of Interested Parties
2012-03-23 3 0 CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 08/02/12 at 02:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP Form) (Benson, A.) (Entered: 03/23/2012)
2012-03-23 4 0 MINUTE ORDER issued by Courtroom Deputy A. Shaddox-Waldrop for District Judge Kimberly J. Mueller on 3/23/2012 ORDERING this matter REFERRED to Magistrate Judge Gregory G. Hollows for pretrial scheduling. Accordingly, the Status (Pretrial Scheduling) Conference set for 8/2/2012 before Judge Kimberly J. Mueller is VACATED and RESET for 8/2/2012 at 1:30 PM in Courtroom 9 before Magistrate Judge Gregory G. Hollows. No later than 7 days prior, the parties shall file with Judge Hollows a joint status report. (TEXT ONLY ENTRY) (Shaddox-Waldrop, A) (Entered: 03/23/2012)
2012-03-30 5 0 NOTICE pf filing Notice of Removal with State Court by Bank of America Corporation re 1 Notice of Removal. (Babcock, Daska) Modified on 4/2/2012 (Mena-Sanchez, L). (Entered: 03/30/2012)
2012-04-02 6 0 DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Bank of America Corporation. (Babcock, Daska) (Entered: 04/02/2012)
2012-04-02 7 0 PROOF OF SERVICE re 3 Civil New Case Documents for KJM by Bank of America Corporation. (Babcock, Daska) Modified on 4/3/2012 (Mena-Sanchez, L). (Entered: 04/02/2012)
2012-04-02 8 0 MOTION to DISMISS by Bank of America Corporation. Motion Hearing set for 5/4/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Babcock, Daska) (Entered: 04/02/2012)
2012-04-02 9 0 BRIEF by Bank of America Corporation in SUPPORT of 8 MOTION to DISMISS. (Babcock, Daska) Modified on 4/3/2012 (Mena-Sanchez, L). (Entered: 04/02/2012)
2012-04-02 10 0 REQUEST for JUDICIAL NOTICE by Bank of America Corporation in SUPPORT of 8 Motion to Dismiss. (Attachments: # 1 Exhibit s 1-13)(Babcock, Daska) Modified on 4/3/2012 (Mena-Sanchez, L). (Entered: 04/02/2012)
2012-04-03 11 0 MINUTE ORDER issued by Courtroom Deputy Schultz for District Judge Kimberly J. Mueller on 4/3/2012: The court is in receipt of Defendant's Motion to Dismiss 8 . The motion is noticed for hearing on 5/4/2012, which is not an available law and motion date. The defendant is directed to re-notice the motion for one of the following available dates: 5/18/2012, 6/8/2012 or 6/22/2012 at 10:00 a.m. in Courtroom 3 before District Judge Kimberly J. Mueller. Accordingly the motion hearing date of 5/4/2012 is VACATED. (TEXT ONLY ENTRY) (Schultz, C) (Entered: 04/03/2012)
2012-04-06 12 0 NOTICE to RESCHEDULE HEARING on 8 MOTION to DISMISS : Motion Hearing set for 5/18/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Babcock, Daska) (Entered: 04/06/2012)
2012-04-26 13 0 FIRST AMENDED COMPLAINT against All Defendants by Edward Scott Helmer. (Attachments: # 1 Proof of Service)(Mellen, Matthew) (Entered: 04/26/2012)
2012-05-09 14 0 MINUTE ORDER issued by Courtroom Deputy C. Schultz for Judge Kimberly J. Mueller on 5/9/2012: The court is in receipt of plaintiff's First Amended Complaint 13 . Federal Rules of Civil Procedure 15(a)(1) provides that [a] party may amend its pleading once as a matter of course... 21 days after serving it, or... 21 days after service of a motion under Rule 12(b), (e), or (f) whichever is later. Accordingly, defendants' motion to dismiss 8 is hereby DENIED as MOOT and the 5/18/2012 hearing is VACATED. (TEXT ONLY ENTRY) (Schultz, C) (Entered: 05/09/2012)
2012-05-25 15 0 SUMMONS ISSUED as to *Bank of America, N.A.* with answer to complaint due within *21* days. Attorney *Michael Mercado, Esquire* *Mellen Law Firm* *411 Borel Avenue, Suite 230* *San Mateo, California 94402*. (Reader, L) (Entered: 05/25/2012)
2012-06-04 16 0 SUMMONS RETURNED EXECUTED: Bank of America, N.A. served on 5/29/2012, answer due 6/19/2012. (Mellen, Matthew) (Entered: 06/04/2012)
2012-06-20 17 0 MOTION to DISMISS and [proposed order] by Bank of America, N.A. Attorney Babcock, Daska P. added. Motion Hearing set for 7/27/2012 at 10:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Attachments: # 1 Memorandum, # 2 Proposed Order)(Babcock, Daska) Modified on 6/20/2012 (Becknal, R). (Entered: 06/20/2012)
2012-06-20 18 0 REQUEST for JUDICIAL NOTICE by Bank of America, N.A. in re 17 Motion to Dismiss,. (Babcock, Daska) (Entered: 06/20/2012)
2012-06-20 19 0 EXHIBITS 1 - 8 to Request for Judicial Notice re 17 MOTION to DISMISS filed by Bank of America, N.A.. (Babcock, Daska) Modified on 6/20/2012 (Becknal, R). (Entered: 06/20/2012)
2012-06-20 20 0 EXHIBITS 9 - 13 to Request for Judicial Notice re 17 MOTION to DISMISS filed by Bank of America, N.A.. (Babcock, Daska) Modified on 6/20/2012 (Becknal, R). (Entered: 06/20/2012)
2012-06-20 21 0 EXHIBIT 14 to Request for Judicial Notice re 17 MOTION to DISMISS filed by Bank of America, N.A.. (Babcock, Daska) Modified on 6/20/2012 (Becknal, R). (Entered: 06/20/2012)
2012-06-20 22 0 EXHIBIT 15 re 17 MOTION to DISMISS filed by Bank of America, N.A.. (Babcock, Daska) Modified on 6/20/2012 (Becknal, R). (Entered: 06/20/2012)
2012-06-20 23 0 EXHIBITS 16 and 17 to Request for Judicial Notice re 17 MOTION to DISMISS filed by Bank of America, N.A. (Attachments: # 1 Exhibit 16 part 2, # 2 Exhibit 17 part 1, # 3 Exhibit 17 part 2)(Babcock, Daska) Modified on 6/20/2012 (Becknal, R). (Entered: 06/20/2012)
2012-07-13 24 0 OPPOSITION to 17 Motion to Dismiss by Edward Scott Helmer. (Attachments: # 1 Proof of Service) (Mellen, Matthew) Modified on 7/16/2012 (Michel, G). (Entered: 07/13/2012)
2012-07-18 25 0 REQUEST for Telephonic Appearance at the Motion Hearing as to 17 Motion to Dismiss set for 7/27/2012 at 10:00 AM by Edward Scott Helmer. (Mellen, Matthew) Modified on 7/19/2012 (Michel, G). (Entered: 07/18/2012)
2012-07-20 26 0 MINUTE ORDER issued by Courtroom Deputy C. Schultz for District Judge Kimberly J. Mueller: On the court's own motion and pursuant to Local Rule 230(g), defendant's motion to dismiss 17 is SUBMITTED without oral argument. Accordingly, the hearing date of 7/27/2012 is VACATED and plaintiff's request 25 for telephonic appearance is DENIED as MOOT. If the court determines that oral argument is needed, it will be scheduled at a later date. (Text Only Entry) (Schultz, C) (Entered: 07/20/2012)
2012-07-27 27 0 MINUTE ORDER: [text entry only] Pursuant to the minute order issued 07/20/12, defendant's motion to dismiss is submitted. Therefore, the STATUS (PRETRIAL SCHEDULING) CONFERENCE set before Magistrate Judge Gregory Hollows on August 2, 2012, at 1:30 p.m. is unnecessary, at this time, and is hereby VACATED, signed by Magistrate Judge Gregory G. Hollows on 07/27/2012. (Eichhorn, D) (Entered: 07/27/2012)
2013-03-23 29 0 ORDER signed by Judge Kimberly J. Mueller on 3/21/2013 ORDERING 17 Plaintiff's claims for wrongful foreclosure, intentional infliction of emotional distress, and violation of California's Unfair Competition Law are DISMISSED with leave t o amend. Any amended complaint must be filed within 21 days of this order. Plaintiff's claims for quiet title and breach of the covenant of good faith and fair dealing are DISMISSED without leave to amend. Defendant's motion to dismiss plaintiff's promissory estoppel claim is DENIED. (Reader, L) 2013-03-23 07:28:09 28287751a375584b20353cc657a3d7084abf2451
2013-08-28 43 0 ORDER granting 37 Motion to Dismiss signed by District Judge Troy L. Nunley on 8/26/13: Plaintiff's claims for wrongful foreclosure, IIED, and unfair competition are DISMISSED without leave to amend. Defendant is hereby directed to submit a timely answer to Plaintiff's claim for promissory estoppel. (Kaminski, H) 2013-08-28 07:19:53 2c08b9e4df05ec419bc94307e28b3896a427bbfd