Kirkpatrick v. Wells Fargo Bank, N.A.
| West Virginia Southern District Court | |
| Judge: | Frank W Volk |
| Case #: | 5:24-cv-00169 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Apr 03, 2024 |
| Case in other court: | Circuit Court of Raleigh County, 24-C-78 |
| Last checked: Monday Sep 30, 2024 4:40 AM EDT |
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Defendant
HSBC Bank USA, N.A.
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Represented By
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Defendant
Wells Fargo Bank, N.A.
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Represented By
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Plaintiff
David A. Kirkpatrick
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Represented By
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| Docket last updated: 04/24/2025 11:59 PM EDT |
| Monday, March 24, 2025 | ||
| 44 | 44
adr
Report Of Mediation
Mon 03/24 3:33 PM
REPORT OF MEDIATIOR. (msa) |
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Att: 1
Cover Letter,
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Att: 2
Envelope
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| Tuesday, February 11, 2025 | ||
| 43 | 43
1
pgs
order
Order Cancelling Deadline ~Util - Terminate Motions
Tue 02/11 10:42 AM
ORDER Pursuant to the hearing held on 2/4/2025 and in accordance with the bench rulings as more fully set forth on the record, the Court GRANTS AS MOULDED the parties'39 JOINT MOTION to Amend Current Scheduling Order. The Court's operative Scheduling Order is suspended to permit the parties to devote the time necessary for mediation. Signed by Chief Judge Frank W. Volk on 2/11/2025. (cc: counsel of record and any unrepresented party) (arb) |
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| Tuesday, February 04, 2025 | ||
| 42 | 42
minutes
Status Conference
Tue 02/04 2:20 PM
STATUS CONFERENCE held by Chief Judge Frank W. Volk on 2/4/2025; Court Reporter: Amanda Pickens. (tab) |
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| Wednesday, January 29, 2025 | ||
| 41 | 41
notice
Notice (Other)
Wed 01/29 12:22 PM
NOTICE OF MEDIATION by David A. Kirkpatrick (Causey, Jason) |
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| 40 | 40
1
pgs
order
Order ~Util - Set/Reset Deadlines/Hearings
Wed 01/29 11:01 AM
ORDER directing that a Status Conference is set for 2/4/2025 at 2:00 p.m. in Charleston; Lead counsel shall attend in person. Signed by Chief Judge Frank W. Volk on 1/29/2025. (cc: counsel of record; any unrepresented party) (msa) |
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| Friday, January 24, 2025 | ||
| 39 | 39
motion
Amend
Fri 01/24 12:01 PM
JOINT MOTION by Wells Fargo Bank, N.A., HSBC Bank USA, N.A. to Amend25 Judge Volk's Second Amended Scheduling Order,,,,,,,,,33 Order,, Set Motion and R&R Deadlines/Hearings,, Terminate Motions,(Thomas, Elizabeth) |
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Att: 1
Proposed Order
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| Wednesday, January 15, 2025 | ||
| 38 | 38
misc
Stipulation
Wed 01/15 3:38 PM
STIPULATION EXTENDING TIME for the parties to attempt to resolve any potential discovery disputes regarding their respective responses to the outstanding discovery requests served by each party, which shall go through 3/31/2025; to include preserving the Parties' right to file any motions with respect to any subpoenas issued in this matter by David A. Kirkpatrick, Wells Fargo Bank, N.A., HSBC Bank USA, N.A. (Causey, Jason) (Modified on 1/15/2025 to add party filers) (mk) |
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| Thursday, January 09, 2025 | ||
| 37 | 37
notice
Notice Of Attorney Appearance
Thu 01/09 3:55 PM
NOTICE OF ATTORNEY APPEARANCE by Denali S. Hedrick on behalf of David A. Kirkpatrick. (Hedrick, Denali) |
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| 36 | 36
notice
Notice Of Attorney Appearance
Thu 01/09 3:53 PM
NOTICE OF ATTORNEY APPEARANCE by Jonathan R. Marshall on behalf of David A. Kirkpatrick. (Marshall, Jonathan) |
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| 35 | 35
notice
Notice Of Attorney Appearance
Thu 01/09 3:53 PM
NOTICE OF ATTORNEY APPEARANCE by Patricia M. Kipnis on behalf of David A. Kirkpatrick. (Kipnis, Patricia) |
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| Wednesday, January 08, 2025 | ||
| 34 | 34
notice
Notice To Take Or Amend Deposition
Wed 01/08 2:25 PM
NOTICE OF RULE 30(b)(6) DEPOSITION by David A. Kirkpatrick of Wells Fargo representative on to be determined at to be determined (Causey, Jason) |
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| Monday, December 16, 2024 | ||
| 33 | 33
1
pgs
order
Order ~Util - Set/Reset Motion And R&R Deadlines/Hearings ~Util - Terminate Motions
Mon 12/16 4:59 PM
ORDER granting the32 JOINT MOTION to Amend25 Order and Incorporated Memorandum of Law; continuing the hearing on Plaintiff's motion for class certification to 8/8/2025 at 10:00 AM in Beckley; apart from the modified date contained herein, the requirements and directives of the previously operative scheduling order(s) remain in full force and effect. Signed by Chief Judge Frank W. Volk on 12/16/2024. (cc: counsel of record; any unrepresented parties) (btm) |
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| Wednesday, December 11, 2024 | ||
| 32 | 32
motion
Amend
Wed 12/11 2:18 PM
JOINT MOTION by Wells Fargo Bank, N.A., HSBC Bank USA, N.A., David A. Kirkpatrick to Amend25 Order and Incorporated Memorandum of Law (Attachment: #1 Proposed Order)(Thomas, Elizabeth) (Modified on 12/11/2024 to add party filer) (mk) |
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| Wednesday, November 27, 2024 | ||
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order
Protective Order
Wed 11/27 8:47 AM
PROTECTIVE ORDER Setting forth the terms for the handling of confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 11/27/2024. (cc: counsel of record; any unrepresented party) (lca) |
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| 30 | 30
7
pgs
order
Order
Wed 11/27 8:45 AM
AGREED ORDER GOVERNING THE INADVERTENT DISCLOSURE OF DOCUMENTS OR OTHER MATERIAL UNDER RULE 502(b) directing that the following procedures herein shall govern the inadvertent production of privileged or confidential documents. Signed by Magistrate Judge Omar J. Aboulhosn on 11/27/2024. (cc: counsel of record; any unrepresented party) (lca) |
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| Tuesday, November 26, 2024 | ||
| 29 | 29
motion
Protective Order
Tue 11/26 5:42 PM
JOINT MOTION by Wells Fargo Bank, N.A., HSBC Bank USA, N.A., David A. Kirkpatrick for Protective Order and Order Governing Inadvertent Disclosure(Thomas, Elizabeth) (Modified on 11/26/2024 to add party filer) (mk) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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utility
Motions Referred
Tue 11/26 5:54 PM
MOTION REFERRED to Magistrate Judge Omar J. Aboulhosn:29 JOINT MOTION by Wells Fargo Bank, N.A., HSBC Bank USA, N.A., David A. Kirkpatrick for Protective Order and Order Governing Inadvertent Disclosure (mk) |
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| Friday, October 04, 2024 | ||
| 28 | 28
respm
Response To Court Order
Fri 10/04 4:14 PM
RESPONSE by HSBC Bank USA, N.A., Wells Fargo Bank, N.A., David A. Kirkpatrick to the Court's25 Order. (Thomas, Elizabeth) (Modified on 10/4/2024 to change party filer) (mk) |
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| 27 | 27
misc
Stipulation
Fri 10/04 2:42 PM
STIPULATION EXTENDING TIME for the Parties to have additional time to attempt to resolve any potential discovery disputes regarding the Parties' respective responses to the outstanding discovery requests served by each party to 1/15/2024 by HSBC Bank USA, N.A., Wells Fargo Bank, N.A., David A. Kirkpatrick. This stipulation of time shall include preserving the Parties' right to file any motions with respect to the subpoenas issued in this matter; and this stipulation is intended to (1) preserve each Parties' right to file a motion to compel pursuant to L.R. Civ. P. 37.1(c) while the Parties continue conferring in good faith, and (2) avoid involving the Court while the Parties work in good faith towards a resolution of mutual alleged deficiencies in written discovery and document productions (Thomas, Elizabeth) (Modified on 10/4/2024 to add party filer) (mk) |
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| Tuesday, September 24, 2024 | ||
| 26 | 26
misc
Certificate Of Service
Tue 09/24 5:19 PM
CERTIFICATE OF SERVICE by Wells Fargo Bank, N.A. for Wells Fargo's Responses and Objections to Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Wells Fargo Bank, N.A.. (Thomas, Elizabeth) |
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| Thursday, September 19, 2024 | ||
| 25 | 25
5
pgs
order
Judge Volk's Second Amended Scheduling Order
Thu 09/19 4:24 PM
ORDER granting24 JOINT MOTION and Incorporated Memorandum of Law by HSBC Bank USA, N.A., Wells Fargo Bank, N.A., David A. Kirkpatrick to Amend re:17 Order; directing that the following schedule is ADOPTED: Deadline for written fact discovery related to class certification - 1/30/2025. Deadline for fact witness depositions related to class certification - 3/3/2025. Deadline for plaintiff to serve expert reports supporting class certification - 3/12/2025. Deadline to serve motion for class certification - 3/24/2025. Deadline for defendants to depose plaintiff's expert witnesses on class certification - 4/11/2025. Deadline for defendants to serve expert reports supporting class certification - 4/11/2025. Deadline for response to motion for class certification - 4/30/2025. Deadline for plaintiff to depose defendants' expert witnesses on class certification - 6/27/2025. Deadline for plaintiff's reply supporting their motion for class certification - 7/7/2025. Hearing on plaintiff's motion for class certification - 5/9/2025 at 11:00 AM. Amending the pleadings or joining parties - 2/3/2025. Last date to serve discovery requests - 5/19/2025. Opening Rule 26 expert disclosures - 5/5/2025. Responsive Rule 26 expert disclosures - 6/2/2025. Rebuttal Rule 26 expert disclosure - 6/18/2025. Discovery to close - 7/2/2025. Dispositive motions deadline - 7/22/2025. Response to dispositive motion - 8/5/2025. Reply to response to dispositive motion - 8/12/2025. Settlement Meeting - 9/22/2025. Motion in limine deadline - 9/29/2025. Responses for motions in limine deadline - 10/6/2025. Proposed pretrial order to defendant - 9/26/2025. Integrated pretrial order - 10/3/2025. Pretrial Conference on 10/17/2025 at 10:00 AM. Proposed jury charge - 11/3/2025. Final settlement conference on 11/14/2025 at 10:00 AM. Civil Jury Trial on 11/18/2025 at 9:00 AM. All proceedings shall be held by the court at the Robert C. Byrd United States Courthouse, Beckley, West Virginia. Signed by Chief Judge Frank W. Volk on 9/19/2024. (cc: counsel of record; any unrepresented parties) (mfo) |
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| Friday, September 13, 2024 | ||
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motion
Amend
Fri 09/13 12:22 PM
JOINT MOTION and Incorporated Memorandum of Law by HSBC Bank USA, N.A., Wells Fargo Bank, N.A., David A. Kirkpatrick to Amend re:17 Order (Attachment: #1 Proposed Order)(Thomas, Elizabeth) (Modified on 9/13/2024 to add party filer) (mk) |
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| Friday, August 02, 2024 | ||
| 23 | 23
misc
Certificate Of Service
Fri 08/02 4:27 PM
CERTIFICATE OF SERVICE by David A. Kirkpatrick for Plaintiff's First Set of Interrogatories and Requests for Production of Documents to Defendant Wells Fargo Bank, NA. (Causey, Jason) |
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| Friday, July 26, 2024 | ||
| 22 | 22
misc
Certificate Of Service
Fri 07/26 12:36 PM
CERTIFICATE OF SERVICE by David A. Kirkpatrick for Answers to Defendants' First Set of Interrogatories. (Causey, Jason) |
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| Wednesday, July 24, 2024 | ||
| 21 | 21
misc
Certificate Of Service
Wed 07/24 4:46 PM
CERTIFICATE OF SERVICE by David A. Kirkpatrick for Plaintiff's Responses to Defendants' First Set of Requests for Production of Documents. (Causey, Jason) |
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| Monday, July 08, 2024 | ||
| 20 | 20
misc
Certificate Of Service
Mon 07/08 4:55 PM
CERTIFICATE OF SERVICE by David A. Kirkpatrick for Rule 26(a)(1) Initial Disclosures. (Causey, Jason) |
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| 19 | 19
misc
Certificate Of Service
Mon 07/08 3:18 PM
CERTIFICATE OF SERVICE by HSBC Bank USA, N.A. for Rule 26(a)(1) Initial Disclosures. (Thomas, Elizabeth) |
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| 18 | 18
misc
Certificate Of Service
Mon 07/08 3:17 PM
CERTIFICATE OF SERVICE by Wells Fargo Bank, N.A. for Rule 26(a)(1) Initial Disclosures. (Thomas, Elizabeth) |
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| Monday, June 24, 2024 | ||
| 17 | 17
5
pgs
order
Judge Volk's Scheduling Order - No Motion
Mon 06/24 3:43 PM
ORDER canceling the telephonic scheduling conference and directing that this case shall proceed as follows: Respecting the deadlines applicable to class certification: Deadline for written fact discovery related to class certification - 10/31/2024. Deadline for fact witness depositions related to class certification - 11/30/2024. Deadline for plaintiffs to serve expert reports supporting class certification - 12/10/2024. Deadline to serve motion for class certification - 12/20/2024. Deadline for Defendants to depose Plaintiff's expert witnesses on class certification - 1/10/2025. Deadline for Defendants to serve expert reports supporting class certification - 1/10/2025. Deadline for response to motion for class certification - 1/29/2025. Deadline for Plaintiff to depose Defendants expert witnesses on class certification - 3/28/2025. Deadline for Plaintiff's reply supporting their motion for class certification - 4/5/2025. Hearing on Plaintiff's motion for class certification - 5/9/2025 at 11:00 a.m. Respecting the deadlines applicable to the remainder of the case: Amending the pleadings or joining parties - 11/1/2024. Last date to serve discovery requests - 2/17/2025. Opening Rule 26 expert disclosures - 1/31/2025. Responsive Rule 26 expert disclosures - 3/3/2025. Rebuttal Rule 26 expert disclosure - 3/18/2025. Discovery to close - 4/1/2025. Dispositive motions deadline - 4/21/2025. Response to dispositive motion - 5/5/2025. Reply to response to dispositive motion - 5/12/2025. Settlement Meeting - 6/23/2025. Motion in limine deadline - 6/30/2025. Responses for motions in limine deadline - 7/7/2025. Proposed pretrial order to defendant - 6/26/2025. Integrated pretrial order - 7/3/2025. Pretrial Conference on 7/11/2025 at 10:00 AM. Proposed jury charge - 8/4/2025. Final settlement conference on 8/15/2025 at 10:00 AM. Civil Jury Trial on 8/19/2025 at 9:00 AM. Counsel are directed, in the event of trial, to have witnesses available to testify at all times commencing at jury selection. All proceedings shall be held by the court at the Robert C. Byrd United States Courthouse, Beckley, West Virginia. Signed by Judge Frank W. Volk on 6/24/2024. (cc: counsel of record; any unrepresented parties) (btm) |
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| Monday, June 10, 2024 | ||
| 16 | 16
misc
Rule 26(f) Report Of Planning Meeting
Mon 06/10 12:25 PM
RULE 26(f) REPORT OF PLANNING MEETING by HSBC Bank USA, N.A., Wells Fargo Bank, N.A., David A. Kirkpatrick. (Thomas, Elizabeth) (Modified on 6/10/2024 to add party filer) (mk) |
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| Tuesday, June 04, 2024 | ||
| 15 | 15
misc
Certificate Of Service
Tue 06/04 5:58 PM
CERTIFICATE OF SERVICE by HSBC Bank USA, N.A., Wells Fargo Bank, N.A. for Defendants' First Set of Requests for Production of Documents to Plaintiff. (Thomas, Elizabeth) |
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| 14 | 14
misc
Certificate Of Service
Tue 06/04 5:56 PM
CERTIFICATE OF SERVICE by HSBC Bank USA, N.A., Wells Fargo Bank, N.A. for Defendants' First Set of Interrogatories to Plaintiff. (Thomas, Elizabeth) |
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| Friday, May 24, 2024 | ||
| 13 | 13
notice
Notice Of Appearance
Fri 05/24 1:35 PM
NOTICE OF APPEARANCE by Carrie Goodwin Fenwick on behalf of HSBC Bank USA, N.A. (Fenwick, Carrie) |
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| 12 | 12
misc
Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters
Fri 05/24 1:29 PM
STATEMENT OF VISITING ATTORNEY from K. Issac deVyver on behalf of Wells Fargo Bank, N.A. Local counsel: Carrie Goodwin Fenwick. Fee $50.00. Receipt # AWVSDC-8660859. (Fenwick, Carrie) |
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| 11 | 11
misc
Statement Of Visiting Attorney - DO NOT USE FOR BANKRUPTCY PHV Matters
Fri 05/24 1:26 PM
STATEMENT OF VISITING ATTORNEY from Karla L. Johnson on behalf of Wells Fargo Bank, N.A. Local counsel: Carrie Goodwin Fenwick. Fee $50.00. Receipt # AWVSDC-8660858. (Fenwick, Carrie) |
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| 10 | 10
notice
Notice Of Appearance
Fri 05/24 1:23 PM
NOTICE OF APPEARANCE by Carrie Goodwin Fenwick on behalf of Wells Fargo Bank, N.A. (Fenwick, Carrie) |
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| Tuesday, May 07, 2024 | ||
| 9 | 9
misc
Disclosure Statement Pursuant To Rule 7.1, FRCivP
Tue 05/07 9:10 AM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant HSBC Bank USA, N.A. (Thomas, Elizabeth) |
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| Monday, May 06, 2024 | ||
| 8 | 8
answer
Answer To Complaint
Mon 05/06 2:51 PM
ANSWER and Affirmative Defenses to Class Action Complaint attached to1 Notice of Removal by HSBC Bank USA, N.A.(Thomas, Elizabeth) (Modified on 5/6/2024 to add link to #1 notice of removal) (mk) |
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| 7 | 7
answer
Answer To Complaint
Mon 05/06 2:49 PM
ANSWER and Affirmative Defenses to Class Action Complaint attached to1 Notice of Removal by Wells Fargo Bank, N.A. (Thomas, Elizabeth) (Modified on 5/6/2024 to add link to #1 notice of removal) (mk) |
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| Wednesday, April 10, 2024 | ||
| 6 | 6
misc
Disclosure Statement Pursuant To Rule 7.1, FRCivP
Wed 04/10 4:59 PM
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wells Fargo Bank, N.A. (Thomas, Elizabeth) |
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| Monday, April 08, 2024 | ||
| 5 | 5
misc
Stipulation Extending Time
Mon 04/08 4:36 PM
STIPULATION EXTENDING TIME to 5/6/2024 to respond to Plaintiff's Class Action Complaint by HSBC Bank USA, N.A., Wells Fargo Bank, N.A. (Thomas, Elizabeth) |
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order
~Util - Set/Reset Deadlines/Hearings
Wed 04/10 1:35 PM
SET ANSWER DEADLINE for HSBC Bank USA, N.A. and Wells Fargo Bank, N.A. to 5/6/2024 pursuant to5 Stipulation. (mk) |
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| Friday, April 05, 2024 | ||
| 4 | 4
order
Judge Volk's Order and Notice
Fri 04/05 10:08 AM
ORDER AND NOTICE: Motions under FR Civ P 12(b) - 5/6/2024. Last day for Rule 26(f) meeting - 6/3/2024. Last day to file Report of Parties Planning Meeting and Scheduling Order Worksheet - 6/10/2024. Telephonic Scheduling Conference at 4:30 PM on 6/24/2024, before the undersigned, unless canceled. Entry of Scheduling Order - 7/5/2024. Last day to serve FR Civ P 26(a)(1) disclosures - 7/8/2024. Signed by Judge Frank W. Volk on 4/5/2024. (cc: counsel of record; any unrepresented parties) (mfo) |
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| Thursday, April 04, 2024 | ||
| 3 | 3
order
Mag. Judge Aboulhosn - Standing Order For Assignment And Referral of Civil Actions And Matters
Thu 04/04 12:30 PM
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: counsel of record and any pro se party) (lca) |
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| Wednesday, April 03, 2024 | ||
| 2 | 2
notice
Notice (Other)
Thu 04/04 10:24 AM
CONSENT TO REMOVAL by HSBC Bank USA, N.A. (lca) |
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| 1 | 1
cmp
Notice Of Removal
Thu 04/04 10:21 AM
NOTICE OF REMOVAL by Wells Fargo Bank, N.A. with summons, complaint, docket sheet, and other miscellaneous documents from Circuit Court of Raleigh County. Filing Fee $405.00. Receipt #AWVSDC-8625428. (lca) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Civil Cover Sheet
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utility
Case Assigned
Thu 04/04 10:48 AM
CASE assigned to Judge Frank W. Volk. (klc) |
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