Penuela et al v. Wells Fargo Bank NA et al
| California Southern District Court | |
| Judge: | Anthony J Battaglia |
| Referred: | Benjamin J Cheeks |
| Case #: | 3:24-cv-02098 |
| Nature of Suit | 430 Other Statutes - Banks and Banking |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Nov 08, 2024 |
| Case in other court: | California Northern, 4:24-cv-00766 |
| Last checked: Friday Nov 08, 2024 11:10 AM PST |
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Defendant
Wells Fargo & CO
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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
Koushik Charan
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Represented By
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Plaintiff
Jill Molaris
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Represented By
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Plaintiff
Andrew Penuela
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Represented By
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Plaintiff
Maria Smythe
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Represented By
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Plaintiff
Daymond Walton
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Represented By
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Plaintiff
Jessica Willshire
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Represented By
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| Docket last updated: 11/15/2024 11:59 PM PST |
| Tuesday, November 12, 2024 | ||
| 35 | 35
notice
Notice of Related Case
Tue 11/12 3:47 PM
NOTICE OF RELATED CASE(S) by Wells Fargo Bank N.A., Wells Fargo & CO of case(s) 3:22-cv-01976-LAB-DDL Defendants Notice of Related Case . (Baiardo, Alicia) |
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| Friday, November 08, 2024 | ||
| 34 | 34
misc
Electronic Transfer In
Fri 11/08 10:00 AM
Judge Anthony J. Battaglia and Magistrate Judge Benjamin J. Cheeks assigned to transfer case from Northern District of California. (All non-registered users served via U.S. Mail Service)(no document attached) (jmo) |
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| 33 | 33
cmp
Case Transferred In - District Transfer (Electronic Transfers Only)
Fri 11/08 9:54 AM
Case transferred in from District of California Northern; Case Number 4:24-cv-00766. Original file received electronically (jmo) |
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| Thursday, November 07, 2024 | ||
| Remark Transferring Case Electronically to the Southern District of California. (mbc, COURT STAFF) [Transferred from California Northern on 11/8/2024.] | ||
| Wednesday, November 06, 2024 | ||
| 32 | 32
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS OR TRANSFER re: 19 , Signed by Magistrate Judge Kandis A. Westmore. (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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| Tuesday, October 15, 2024 | ||
| 31 | 31 CLERK'S NOTICE: You are hereby notified that the hearing set for 10/17/2024 at 1:30pm re:19 MOTION to Dismiss Defendants Notice of Motion and Motion to Dismiss or Transfer and20 MOTION to Compel Defendants Notice of Motion and Motion to Compel Arbitration is vacated. Court finds that the matter is appropriate for resolution without oral argument pursuant to Civil Local Rule 7-1(b). (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.] | |
| 30 | 30 NOTICE of Appearance filed by Todd Joseph Dressel on behalf of Wells Fargo & Co., Wells Fargo Bank NA (Dressel, Todd) [Transferred from California Northern on 11/8/2024.] | |
| Thursday, August 22, 2024 | ||
| 29 | 29
Order As Modified by Magistrate Judge Kandis A. Westmore granting 28 Stipulation Continuing Hearing on Wells Fargo's Motions and The Initial Case Management Conference. Motion Hearing set for 10/17/2024 01:30 PM in Oakland, before Magistrate Judge Kandis A. Westmore, this proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: https://www.cand.uscourts.gov/zoom/ (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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| Tuesday, August 20, 2024 | ||
| 28 | 28
STIPULATION WITH PROPOSED ORDER Continuing Hearing on Wells Fargos Motions and The Initial Case Management Conference [Joint] filed by Wells Fargo & Co., Wells Fargo Bank NA.(Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Declaration of Amy Morrissey Turk
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| Friday, August 09, 2024 | ||
| 27 | 27 CLERK'S NOTICE RESETTING MOTION HEARINGS: Parties are hereby notified that the motion hearings previously set for 8/15/2024 as to19 MOTION to Dismiss Defendants Notice of Motion and Motion to Dismiss or Transfer and20 MOTION to Compel Defendants Notice of Motion and Motion to Compel Arbitration are reset to 9/19/2024 01:30 PM in Oakland, before Magistrate Judge Kandis A. Westmore, this proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at [LINK:https://www.cand.uscourts.gov/kaw] General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: [LINK:https://www.cand.uscourts.gov/zoom/] (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.] | |
| Tuesday, July 16, 2024 | ||
| 26 | 26
REPLY Defendants Reply in Support of Its Motion to Compel Arbitration filed byWells Fargo & Co., Wells Fargo Bank NA. (Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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| 25 | 25
REPLY Defendants Reply in Support of Its Motion to Dismiss or Transfer filed byWells Fargo & Co., Wells Fargo Bank NA. (Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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| Thursday, June 27, 2024 | ||
| 24 | 24
OPPOSITION/RESPONSE filed byKoushik Charan, Jill Molaris, Andrew Penuela, Maria Smythe, Daymond Walton, Jessica Willshire. (McCune, Richard) [Transferred from California Northern on 11/8/2024.]
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| 23 | 23
OPPOSITION/RESPONSE filed byKoushik Charan, Jill Molaris, Andrew Penuela, Maria Smythe, Daymond Walton, Jessica Willshire.(McCune, Richard) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Declaration of Richard D. McCune,
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Att: 2
Exhibit 1 - Invoices,
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Att: 3
Exhibit 2 - Authorizations,
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Att: 4
Exhibit 3 - Texeira Declaration,
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Att: 5
Exhibit 4 - Advancing the Future of Dispute,
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Att: 6
Exhibit 5 - Mass Arbitration Shakedown
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| Wednesday, May 29, 2024 | ||
| 22 | 22 CLERK'S NOTICE RESETTING BRIEFING SCHEDULE AS TO19 : Parties are hereby notified that the briefing schedule is modified so that it's consistent with the Court's previous order re:10 . Hearing remains as set. Reset Deadlines as to19 MOTION to Dismiss Defendants Notice of Motion and Motion to Dismiss or Transfer . Responses due by 6/27/2024. Replies due by 7/16/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) , (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.] | |
| Tuesday, May 28, 2024 | ||
| 21 | 21
Declaration of Alicia A. Baiardo in Support of20 MOTION to Compel Defendants Notice of Motion and Motion to Compel Arbitration ,19 MOTION to Dismiss Defendants Notice of Motion and Motion to Dismiss or Transfer filed byWells Fargo & Co., Wells Fargo Bank NA. (Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Exhibit Exhibits 1-30 to the Declaration of Alicia A. Baiardo in Support of Defendants Motion to Dismiss or Transfer and Motion to Compel Arbitration,
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Att: 2
Exhibit Exhibits 31-61 to the Declaration of Alicia A. Baiardo in Support of Defendants Motion to Dismiss or Transfer and Motion to Compel Arbitration
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MOTION to Compel Defendants Notice of Motion and Motion to Compel Arbitration filed by Wells Fargo & Co., Wells Fargo Bank NA. Motion Hearing set for 8/15/2024 01:30 PM before Magistrate Judge Kandis A. Westmore. Responses due by 6/27/2024. Replies due by 7/16/2024.(Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Declaration Declaration of Wendy Hernandez in Support of Defendants Motion to Compel Arbitration,
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Att: 2
Proposed Order Proposed Order Granting Defendants Motion to Compel Arbitration
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| 19 | 19
MOTION to Dismiss Defendants Notice of Motion and Motion to Dismiss or Transfer filed by Wells Fargo & Co., Wells Fargo Bank NA. Motion to Dismiss Hearing set for 8/15/2024 01:30 PM. Responses due by 6/11/2024. Replies due by 6/18/2024.(Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Proposed Order Proposed Order Granting Defendants Motion to Dismiss Or Transfer
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| 18 | 18
Order by Magistrate Judge Kandis A. Westmore granting 17 Motion for Pro Hac Vice as to Amy Morrissey Turk. (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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| Thursday, May 23, 2024 | ||
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MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-19445397.) filed by Wells Fargo & Co., Wells Fargo Bank NA.(Turk, Amy) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Certificate of Good Standing
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| Thursday, May 09, 2024 | ||
| 16 | 16
Order by Magistrate Judge Kandis A. Westmore granting 15 Motion for Pro Hac Vice as to Emily J. Kirk. (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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| Wednesday, May 08, 2024 | ||
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MOTION for leave to appear in Pro Hac Vice by Emily J. Kirk on behalf of Plaintiffs ( Filing fee $ 328, receipt number ACANDC-19397851.) filed by Koushik Charan, Jill Molaris, Andrew Penuela, Maria Smythe, Daymond Walton, Jessica Willshire. (Kirk, Emily) [Transferred from California Northern on 11/8/2024.]
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| Friday, April 26, 2024 | ||
| 14 | 14
AMENDED COMPLAINT against Wells Fargo & Co., Wells Fargo Bank NA. Filed by Andrew Penuela.(McCune, Richard) [Transferred from California Northern on 11/8/2024.]
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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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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J
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| Thursday, April 18, 2024 | ||
| 13 | 13
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Wells Fargo & Co., Wells Fargo Bank NA.. (Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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Corporate Disclosure Statement by Wells Fargo & Co., Wells Fargo Bank NA identifying Corporate Parent Wells Fargo & Company for Wells Fargo & Co.. Defendants Wells Fargo Bank, N.A. and Wells Fargo & Companys Corporate Disclosure Statement Pursuant to Fed. R. Civ. P. 7.1 and L.R. 3-15 (Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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| Thursday, April 11, 2024 | ||
| 11 | 11
CLERK'S NOTICE Re: Consent or Declination: Defendants 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:[LINK:http://cand.uscourts.gov/civilforms] . Consent/Declination due by 4/18/2024. (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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Order as Modified by Magistrate Judge Kandis A. Westmore granting 9 Stipulation to Extend Time. Amended Pleadings due by 4/26/2024. Dispositive Motion due by 5/28/2024. Responses due by 6/27/2024. Replies due by 7/16/2024. Motion Hearing set for 8/15/2024 01:30 PM in Oakland, before Magistrate Judge Kandis A. Westmore, this proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: https://www.cand.uscourts.gov/zoom/ (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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STIPULATION WITH PROPOSED ORDER re1 Complaint,8 Order on Stipulation,,,,, to Extend Time filed by Koushik Charan, Andrew Penuela.(McCune, Richard) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Declaration of Richard D. McCune ISO Stipulation to Extend time
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| Monday, April 01, 2024 | ||
| 8 | 8
Order as Modified by Magistrate Judge Kandis A. Westmore granting 7 Stipulation to Extend Time. Plaintiffs' First Amended Complaint due by 4/12/2024. Defendant's Initial Response due by 5/14/2024. Plaintiffs' Opposition due by 6/27/2024. Defendant's Reply due by 6/13/2024. Motion Hearing set for 7/18/2024 01:30 PM in Oakland, this proceeding will be held via a Zoom webinar, before Magistrate Judge Kandis A. Westmore. Joint Case Management Statement due by 9/17/2024. Initial Case Management Conference set for 9/24/2024 01:30 PM in Oakland, this proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: https://www.cand.uscourts.gov/zoom/ (wft, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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| Wednesday, March 27, 2024 | ||
| 7 | 7
STIPULATION WITH PROPOSED ORDER re1 Complaint,4 Initial Case Management Scheduling Order with ADR Deadlines Stipulation and [Proposed] Order to Extend Time filed by Wells Fargo & Co., Wells Fargo Bank NA.(Baiardo, Alicia) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Declaration Declaration of Alicia A. Baiardo in Support of Stipulation and Proposed Order to Extend Time
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| Thursday, February 22, 2024 | ||
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CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Koushik Charan, Andrew Penuela.. (McCune, Richard) [Transferred from California Northern on 11/8/2024.]
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| Thursday, February 08, 2024 | ||
| 5 | 5
Summons Issued as to Wells Fargo & Co., Wells Fargo Bank NA. (far, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/7/2024. Initial Case Management Conference set for 5/14/2024 01:30 PM in Oakland, - To be determined. (far, COURT STAFF) [Transferred from California Northern on 11/8/2024.]
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| 3 | 3 Case assigned to Magistrate Judge Kandis A. Westmore. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/22/2024. (ark, COURT STAFF) [Transferred from California Northern on 11/8/2024.] | |
| 2 | 2
Proposed Summons. (McCune, Richard) [Transferred from California Northern on 11/8/2024.]
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| 1 | 1
COMPLAINT [CLASS ACTION] against All Defendants ( Filing fee $ 405, receipt number ACANDC-19106332.). Filed by Andrew Penuela, Koushik Charan.(McCune, Richard) [Transferred from California Northern on 11/8/2024.]
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Att: 1
Exhibit "A" Opt-in Disclosure,
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Att: 2
Civil Cover Sheet
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