Case details

Court: cand
Docket #: 5:15-cv-00269
Case Name: Guzman v. Equifax Inc. et al
PACER case #: 283911
Date filed: 2015-01-20
Assigned to: Hon. Beth Labson Freeman
Referred to: Magistrate Judge Nathanael M. Cousins (Settlement)
Case Cause: 28:1441 Petition for Removal - Fair Credit Reporting Act
Nature of Suit: 480 Consumer Credit
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Francisco Guzman
Plaintiff
Elliot Wayne Gale
Sagaria Law, P.C. 333 W San Carlos Street Suite 1750 San Jose, CA 95110 408-279-2288 Fax: 408-279-2299 Email: egale@sagarialaw.com
ATTORNEY TO BE NOTICED

Joseph Brian Angelo
Sagaria Law 333 W San Carlos St #1700 San Jose, CA 95110 408-279-2288
ATTORNEY TO BE NOTICED

Scott Joseph Sagaria
Sagaria Law, P.C. 333 West San Carlos Street Suite 1750 San Jose, CA 95110 408-279-2288 Fax: 408-279-2299 Email: sjsagaria@sagarialaw.com
ATTORNEY TO BE NOTICED

Equifax Inc.
Defendant
TERMINATED: 05/15/2015
Chelsea Lynn Diaz
Doll Amir and Eley LLP 1888 Century Park East Ste 1850 Los Angeles, CA 90067 310-557-9100 Email: cdiaz@dollamir.com
ATTORNEY TO BE NOTICED

Kendra Lin Orr
King & Spalding LLP 101 Second Street Suite 2300 San Francisco, CA 94105 415-318-1200 Fax: 415-318-1300 Email: korr@kslaw.com
ATTORNEY TO BE NOTICED

Barclays Bank Delaware
Defendant
TERMINATED: 03/12/2015
Bayview Loan Servicing, LLC
Defendant
Todd Andrew Boock
Blank Rome LLP 2029 Century Park East 6th Floor Los Angeles, CA 90067 424-239-3409 Fax: 424-239-3804 Email: tboock@blankrome.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brendan F. Hug
Blank Rome LLP 2029 Century Park East Sixth Floor Los Angeles, CA 90067 424-239-3432 Fax: 424-239-3444 Email: bhug@blankrome.com
ATTORNEY TO BE NOTICED

Shawnda M Grady
Blank Rome LLP 2029 Century Park East 6th Floor Los Angeles, CA 90067 415-416-8186 Fax: 424-239-3434 Email: Sgrady@Blankrome.com
ATTORNEY TO BE NOTICED

Suntrust Mortgage, Inc.
Defendant
Hunter Randolph Eley
Doll Amir & Eley LLP 1888 Century Park East, Suite 1850 Los Angeles, CA 90067 310-557-9100 x 18 Email: heley@dollamir.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chelsea Lynn Diaz
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2015-01-20 1 0 NOTICE OF REMOVAL from Santa Clara County Superior Court. Their case number is 1-14-cv-274292. (Filing fee $400 receipt number 0971-9220011). Filed byEquifax Inc.. (Attachments: # 1 Civil Cover Sheet)(Orr, Kendra) (Filed on 1/20/2015) (Entered: 01/20/2015)
2015-01-20 2 0 Declaration of Kendra L. Orr in Support of 1 Notice of Removal, filed byEquifax Inc.. (Related document(s) 1 ) (Orr, Kendra) (Filed on 1/20/2015) (Entered: 01/20/2015)
2015-01-20 3 0 DEMAND for Trial by Jury by Equifax Inc.. (Orr, Kendra) (Filed on 1/20/2015) (Entered: 01/20/2015)
2015-01-20 4 0 Certificate of Interested Entities by Equifax Inc. (Orr, Kendra) (Filed on 1/20/2015) (Entered: 01/20/2015)
2015-01-20 5 0 NOTICE by Equifax Inc. re Disclosure Statement [F.R.C.P. 7.1] (Orr, Kendra) (Filed on 1/20/2015) (Entered: 01/20/2015)
2015-01-20 6 0 Case assigned to Magistrate Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (sv, COURT STAFF) (Filed on 1/20/2015) (Entered: 01/20/2015)
2015-01-21 7 0 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/25/2015. Case Management Conference set for 4/1/2015 10:00 AM at the US District Court, 280 South First St., San Jose, CA 95113 in Courtroom 7, 4th Floor. Signed by Judge Nathanael Cousins on 1/20/15. (srmS, COURT STAFF) (Filed on 1/21/2015) (Entered: 01/21/2015)
2015-01-21 8 0 CERTIFICATE OF SERVICE by Equifax Inc. re 6 Case Assigned by Intake,,, 1 Notice of Removal, Notice to Adverse Parties of Removal to Federal Court (Orr, Kendra) (Filed on 1/21/2015) (Entered: 01/21/2015)
2015-01-27 9 0 ANSWER to Complaint with Jury Demand byEquifax Inc.. (Orr, Kendra) (Filed on 1/27/2015) (Entered: 01/27/2015)
2015-01-28 10 0 STIPULATION TO EXTEND TIME FOR DEFENDANT BAYVIEW LOAN SERVICING, LLC TO RESPOND TO THE COMPLAINT filed by Bayview Loan Servicing, LLC. (Hug, Brendan) (Filed on 1/28/2015) (Entered: 01/28/2015)
2015-02-04 11 0 STIPULATION re 1 Notice of Removal, STIPULATION TO EXTEND TIME FOR DEFENDANT SUNTRUST MORTGAGE, INC. TO RESPOND TO INITIAL COMPLAINT filed by Suntrust Mortgage, Inc.. (Attachments: # 1 Certificate/Proof of Service)(Diaz, Chelsea) (Filed on 2/4/2015) (Entered: 02/04/2015)
2015-02-10 12 0 Further Stipulation to Extend Time for Defendant Bayview Loan Servicing, LLC to Respond to the Complaint re 1 filed by Bayview Loan Servicing, LLC. (Hug, Brendan) (Filed on 2/10/2015) Linkage added on 2/11/2015 (bwS, COURT STAFF). (Entered: 02/10/2015)
2015-02-12 13 0 FURTHER STIPULATION TO EXTEND TIME FOR DEFENDANT SUNTRUST MORTGAGE, INC. TO RESPOND TO INITIAL COMPLAINT re 1 Notice of Removal, filed by Suntrust Mortgage, Inc.. (Diaz, Chelsea) (Filed on 2/12/2015) Modified on 2/13/2015 (bwS, COURT STAFF). (Entered: 02/12/2015)
2015-02-13 14 0 DEFENDANT BAYVIEW LOAN SERVICING LLC'S ANSWER to Complaint byBayview Loan Servicing, LLC. (Hug, Brendan) (Filed on 2/13/2015) (Entered: 02/13/2015)
2015-02-27 15 0 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Suntrust Mortgage, Inc... (Diaz, Chelsea) (Filed on 2/27/2015) (Entered: 02/27/2015)
2015-03-02 16 0 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (lmh, COURT STAFF) (Filed on 3/2/2015) (Entered: 03/02/2015)
2015-03-02 17 0 ORDER REASSIGNING CASE. Case reassigned to Hon. Beth Labson Freeman for all further proceedings. Magistrate Judge Nathanael M. Cousins remains as referral judge assigned o the case. Reassignment Order signed by Executive Committee on 3/2/2015. (bwS, COURT STAFF) (Filed on 3/2/2015) (Entered: 03/02/2015)
2015-03-04 18 0 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE FOLLOWING REASSIGNMENT. Joint Case Management Statement due by 03/26/2015. Case Management Conference set for 04/02/2015 01:30 PM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. All other deadlines associated with the initial case management conference are adjusted accordingly. The Court does not issue a revised Initial Case Management Scheduling Order with ADR Deadlines. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/blf This is a text only docket entry, there is no document associated with this notice. (tsh, COURT STAFF) (Filed on 3/4/2015) (Entered: 03/04/2015)
2015-03-04 19 0 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) and 8(a) of the Federal Rules of Civil Procedure filed by Suntrust Mortgage, Inc. Motion Hearing set for 6/11/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose before Hon. Beth Labson Freeman. Responses due by 3/18/2015. Replies due by 3/25/2015. (Attachments: # 1 Request for Judicial Notice, # 2 Certification of Interested Entities or Persons, # 3 Proposed Order)(Diaz, Chelsea) (Filed on 3/4/2015) Modified on 4/28/2015 (blflc2, COURT STAFF). (Entered: 03/04/2015)
2015-03-10 20 0 STIPULATION WITH PROPOSED ORDER filed by Francisco Guzman. (Gale, Elliot) (Filed on 3/10/2015) (Entered: 03/10/2015)
2015-03-12 21 0 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Diaz, Chelsea) (Filed on 3/12/2015) (Entered: 03/12/2015)
2015-03-12 22 0 ORDER APPROVING 20 STIPULATION TO DISMISS WITH PREJUDICE by Plaintiff Francisco Guzman and Defendant Barclays Bank Delaware. Signed by Hon. Beth Labson Freeman on 3/12/2015. (blflc2, COURT STAFF) (Filed on 3/12/2015) (Entered: 03/12/2015)
2015-03-18 23 0 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Orr, Kendra) (Filed on 3/18/2015) (Entered: 03/18/2015)
2015-03-20 24 0 NOTICE of Appearance by Todd Andrew Boock (Boock, Todd) (Filed on 3/20/2015) (Entered: 03/20/2015)
2015-03-20 25 0 NOTICE of Appearance by Shawnda M Grady (Grady, Shawnda) (Filed on 3/20/2015) (Entered: 03/20/2015)
2015-03-24 26 0 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options BY DEFENDANT BAYVIEW LOAN SERVICING, LLC AND ITS COUNSEL (Hug, Brendan) (Filed on 3/24/2015) (Entered: 03/24/2015)
2015-03-25 27 0 NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) NOTICE OF NEED FOR ADR PHONE CONFERENCE (Attachments: # 1 Certificate/Proof of Service)(Diaz, Chelsea) (Filed on 3/25/2015) (Entered: 03/25/2015)
2015-03-25 28 0 RESPONSE (re 19 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12(b)(6) and 8(a) of the Federal Rules of Civil Procedure ) filed byFrancisco Guzman. (Gale, Elliot) (Filed on 3/25/2015) (Entered: 03/25/2015)
2015-03-25 29 0 Statement re 28 Opposition/Response to Motion (Declaration of Joe Angelo) by Francisco Guzman. (Gale, Elliot) (Filed on 3/25/2015) (Entered: 03/25/2015)
2015-03-26 30 0 ADR Clerk's Notice Setting ADR Phone Conference on March 31, 2015 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. (cmf, COURT STAFF) (Filed on 3/26/2015) (Entered: 03/26/2015)
2015-03-26 31 0 JOINT CASE MANAGEMENT STATEMENT AND RULE 26(f) REPORT filed by Suntrust Mortgage, Inc. (Attachments: # 1 Certificate/Proof of Service)(Diaz, Chelsea) (Filed on 3/26/2015) Modified text to remove duplicated text on 3/27/2015 (srmS, COURT STAFF). (Entered: 03/26/2015)
2015-04-01 32 0 REPLY (re 19 MOTION to Dismiss Plaintiff's Complaint Pursuant to Rule 12 (b) (6) and 8 (a) of the Federal Rules of Civil Procedure ) DEFENDANT SUNTRUST MORTGAGE, INC.'S REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO RULE 12(b)(6) and 8(a) OF THE FEDERAL RULES OF CIVIL PROCEDURE filed bySuntrust Mortgage, Inc.. (Attachments: # 1 Certificate/Proof of Service)(Diaz, Chelsea) (Filed on 4/1/2015) (Entered: 04/01/2015)
2015-04-02 33 0 ORDER REFERRING CASE to Magistrate Judge Nathanael Cousins for Settlement. Signed by Hon. Beth Labson Freeman on 4/2/2015. (blflc2, COURT STAFF) (Filed on 4/2/2015) (Entered: 04/02/2015)
2015-04-02 34 0 Minute Entry for proceedings held before Hon. Beth Labson Freeman: Initial Case Management Conference held on 4/2/2015.FTR Time: 2:04 - 2:13. Plaintiff Attorney: Scott Johnson. Defendant Attorney: Kendra Orr, Shawnda Grady,. This is a text only Minute Entry (tsh, COURT STAFF) (Date Filed: 4/2/2015) (Entered: 04/02/2015)
2015-04-02 35 0 CASE MANAGMENT ORDER. Last Day to Hear Dispositive Motions set for 03/24/2016 at 9:00 AM. Final Pretrial Conference set for 6/30/2016 02:30 PM. Jury Selection/Trial set for 7/18/2016, 7/19/2016, 7/20/2016, 7/22/2016, 7/25/2016 09:00 AM before Hon. Beth Labson Freeman. Signed by Judge Beth Labson Freeman on 04/02/2015. (tsh, COURT STAFF) (Filed on 4/2/2015) (Entered: 04/03/2015)
2015-04-06 36 0 NOTICE OF SETTLEMENT CONFERENCE AND ORDER - Settlement Conference set for 6/9/2015 09:30 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 4/6/2015. (Attachments: # 1 Standing Order)(lmh, COURT STAFF) (Filed on 4/6/2015) (Entered: 04/06/2015)
2015-05-15 37 0 STIPULATION WITH PROPOSED ORDER of Dismissal With Prejudice filed by Equifax Inc.. (Orr, Kendra) (Filed on 5/15/2015) (Entered: 05/15/2015)
2015-05-15 38 0 ORDER APPROVING 37 STIPULATION OF DISMISSAL WITH PREJUDICE by Plaintiff Francisco Guzman and Defendant Equifax Inc. Signed by Hon. Beth Labson Freeman on 5/15/2015. (blflc2, COURT STAFF) (Filed on 5/15/2015) (Entered: 05/15/2015)
2015-06-03 39 0 STIPULATION WITH PROPOSED ORDER to Continue Settlement Conference filed by Suntrust Mortgage, Inc.. (Eley, Hunter) (Filed on 6/3/2015) (Entered: 06/03/2015)
2015-06-03 40 0 ORDER GRANTING STIPULATION to Continue Settlement Conference 39 . Settlement Conference set for 6/30/2015 09:30 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 6/3/2015. (lmh, COURT STAFF) (Filed on 6/3/2015) (Entered: 06/03/2015)
2015-06-10 41 0 STIPULATION WITH PROPOSED ORDER TO CONTINUE HEARING ON DEFENDANT SUNTRUST MORTGAGE, INC.'S MOTION TO DISMISS COMPLAINT filed by Suntrust Mortgage, Inc.. (Eley, Hunter) (Filed on 6/10/2015) (Entered: 06/10/2015)
2015-06-10 42 0 ORDER APPROVING 41 STIPULATION TO CONTINUE HEARING ON DEFENDANT SUNTRUST MORTGAGE, INC.'S MOTION TO DISMISS COMPLAINT. Motion Hearing continued to 8/27/2015 09:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Hon. Beth Labson Freeman on 6/10/2015. (blflc2, COURT STAFF) (Filed on 6/10/2015) (Entered: 06/10/2015)
2015-06-23 43 0 STIPULATION WITH PROPOSED ORDER re 40 Order, Set Hearings, Terminate Motions STIPULATION AND [PROPOSED] ORDER ON STIPULATION CONTINUING SETTLEMENT CONFERENCE filed by Suntrust Mortgage, Inc.. (Attachments: # 1 Certificate/Proof of Service)(Eley, Hunter) (Filed on 6/23/2015) (Entered: 06/23/2015)
2015-06-25 44 0 STIPULATION WITH PROPOSED ORDER TO EXTEND DEADLINE FOR SETTLEMENT CONFERENCE filed by Suntrust Mortgage, Inc.. (Eley, Hunter) (Filed on 6/25/2015) (Entered: 06/25/2015)
2015-06-26 45 0 ORDER APPROVING 44 STIPULATION TO EXTEND DEADLINE FOR SETTLEMENT CONFERENCE. Signed by Hon. Beth Labson Freeman on 6/26/2015. (blflc2, COURT STAFF) (Filed on 6/26/2015) (Entered: 06/26/2015)
2015-06-26 46 0 Minute Entry for proceedings held before Magistrate Judge Nathanael M. Cousins: Telephonic Conference held on 6/26/2015. Parties to submit by email by 7/31 regarding settlement status; Settlement Conference to be continued. Plaintiff's Attorney Elliot Wayne Gale. Defendants' Attorneys Brendan F. Hug, Cristine Reynaert. (FTR Not recorded.) This is a text only Minute Entry. (lmh, COURT STAFF) (Date Filed: 6/26/2015) (Entered: 06/26/2015)
2015-06-29 47 0 ORDER GRANTING STIPULATION TO CONTINUE SETTLEMENT CONFERENCE 43 . Settlement Conference set for 8/27/2015 01:00 PM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 6/29/2015. (lmh, COURT STAFF) (Filed on 6/29/2015) (Entered: 06/29/2015)