Hunter v. Mozil et al

Filing 23

ORDER by Judge Hamilton granting 9 10 Motion to Transfer and denying Motion to Dismiss. (pjhlc1, COURT STAFF) (Filed on 12/5/2008) (Additional attachment(s) added on 12/5/2008: # 1 Certificate of Service) (fj, COURT STAFF). (Additional attachment(s) added on 12/9/2008: # 2 Docket Sheet) (far, COURT STAFF).

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CAND-ECF Page 1 of 6 ADRMOP, CLOSED, E-Filing, ProSe U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:08-cv-04213-PJH Internal Use Only Hunter v. Mozil et al Assigned to: Hon. Phyllis J. Hamilton Case in other court: San Francisco County Superior Court, CGC-08478163 Cause: 28:1441 Petition For Removal--Other Contract Plaintiff Charley T Hunter represented by Charley T Hunter 1516 Jerrold Avenue San Francisco, CA 94124 415-647-3454 Email: carolyn.dawson@att.net PRO SE Date Filed: 09/05/2008 Date Terminated: 12/05/2008 Jury Demand: None Nature of Suit: 190 Contract: Other Jurisdiction: Federal Question V. Defendant Angelo Mozil an individual represented by Andrew Weiss Noble Severson & Werson One Embarcadero Center Suite 2600 San Francisco , CA 94111 415-398-3344 Fax: 415-956-0439 Email: awn@severson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark J. Kenney Severson & Werson One Embarcadero Center Suite 2600 San Francisco , CA 94111 415-398-3344 Fax: 415-956-0439 Email: mjk@severson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117040831712793-L_801_0-1 12/9/2008 CAND-ECF Page 2 of 6 Michael Jan Steiner Severson & Werson One Embarcadero Center Suite 2600 San Francisco , CA 94111 415-398-3344 Fax: 415-956-0439 Email: mjs@severson.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Countrywide Financial Corp. a Delaware corporation represented by Andrew Weiss Noble (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark J. Kenney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Jan Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Countrywide Home Loans Inc. a New York corporation represented by Andrew Weiss Noble (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark J. Kenney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Jan Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Full Spectrum Lending Inc. a California corporation represented by Andrew Weiss Noble (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark J. Kenney https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117040831712793-L_801_0-1 12/9/2008 CAND-ECF Page 3 of 6 (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Jan Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant David Samol an individual represented by Andrew Weiss Noble (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark J. Kenney (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael Jan Steiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed 09/05/2008 # 1 Docket Text NOTICE OF REMOVAL from San Francisco County Superior Court. Their case number is CGC-08-478163. (Filing fee $350 receipt number 34611023145). Filed byCountrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. (far, COURT STAFF) (Filed on 9/5/2008) (far, COURT STAFF). (Entered: 09/08/2008) CASE DESIGNATED for Electronic Filing. (far, COURT STAFF) (Filed on 9/5/2008) (Entered: 09/08/2008) 2 ADR SCHEDULING ORDER: Case Management Statement due by 12/4/2008. Case Management Conference set for 12/11/2008 02:30 PM. (Attachments: # 1 Standing Order) (far, COURT STAFF) (Filed on 9/5/2008) (Entered: 09/08/2008) CERTIFICATE OF SERVICE by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. (Attachments: # 1 Removal papers)(Noble, Andrew) (Filed on 9/8/2008) (Entered: 09/08/2008) First MOTION to Dismiss FOR IMPROPER VENUE; ALTERNATIVELY, TO TRANSFER CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS filed by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp.. Motion Hearing set for 10/22/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Noble, Andrew) (Filed on 9/12/2008) (Entered: 09/12/2008) 09/05/2008 09/05/2008 09/08/2008 3 09/12/2008 4 https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117040831712793-L_801_0-1 12/9/2008 CAND-ECF Page 4 of 6 09/12/2008 5 NOTICE by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. (TO DISMISS FOR IMPROPER VENUE; ALTERNATIVELY, TO TRANSFER CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS) (Noble, Andrew) (Filed on 9/12/2008) (Entered: 09/12/2008) Request for Judicial Notice re 4 First MOTION to Dismiss FOR IMPROPER VENUE; ALTERNATIVELY, TO TRANSFER CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, 5 Notice (Other), Notice (Other) filed byCountrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp.. (Attachments: # 1 Exhibit Exhibits A & B to Request for Judicial Notice) (Related document(s) 4 , 5 ) (Noble, Andrew) (Filed on 9/12/2008) (Entered: 09/12/2008) Proposed Order re 4 First MOTION to Dismiss FOR IMPROPER VENUE; ALTERNATIVELY, TO TRANSFER CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, 5 Notice (Other), Notice (Other), 6 Request for Judicial Notice, by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp.. (Noble, Andrew) (Filed on 9/12/2008) (Entered: 09/12/2008) CERTIFICATE OF SERVICE by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. (Noble, Andrew) (Filed on 9/12/2008) (Entered: 09/12/2008) *** FILED IN ERROR. PLEASE REFER TO DOCUMENT 10 . *** AMENDED MOTION to Dismiss FOR IMPROPER VENUE re 4 Motion; ALTERNATIVELY, TO TRANSFER CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS filed by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. Motion Hearing set for 11/5/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Noble, Andrew) (Filed on 9/16/2008) Modified on 9/17/2008 (far, COURT STAFF). Modified on 9/18/2008 (feriab, COURT STAFF). (Entered: 09/16/2008) Renotice motion hearing CORRECTION OF DOCKET 9 filed by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. Motion Hearing set for 11/5/2008 09:00 AM in Courtroom 3, 17th Floor, San Francisco. (Noble, Andrew) (Filed on 9/16/2008) Modified on 9/17/2008 (far, COURT STAFF). (Entered: 09/16/2008) (Court only) ***Motions terminated: 4 First MOTION to Dismiss FOR IMPROPER VENUE; ALTERNATIVELY, TO TRANSFER CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS filed by Full Spectrum Lending Inc., David Samol, Countrywide Home Loans Inc., Countrywide Financial Corp., Angelo Mozil. (far, COURT STAFF) (Filed on 9/16/2008) (Entered: 09/17/2008) 09/12/2008 6 09/12/2008 7 09/12/2008 8 09/16/2008 9 09/16/2008 10 09/16/2008 10/22/2008 11 REPLY to 10 Motion To Dismiss For Improper Venue; Alternatively, To Transfer Case To The U.S. District Court For The Southern District Of Texas filed by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. (Noble, Andrew) (Filed on 10/22/2008) Modified on 10/22/2008 (far, COURT STAFF). (Entered: 10/22/2008) Minute Entry: Motion Hearing held on 11/5/2008 before Phyllis J. Hamilton re 4 First MOTION to Dismiss FOR IMPROPER VENUE; ALTERNATIVELY, TO TRANSFER CASE 11/05/2008 12 https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117040831712793-L_801_0-1 12/9/2008 CAND-ECF Page 5 of 6 TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS filed by Full Spectrum Lending Inc., David Samol, Countrywide Home Loans Inc., Countrywide Financial Corp., Angelo Mozil. (Court Reporter Sahar McVickar (415) 626-6060) (nah, COURT STAFF) (Date Filed: 11/5/2008) Modified on 11/5/2008 (far, COURT STAFF). (Entered: 11/05/2008) 11/10/2008 11/10/2008 13 14 MOTION for Intervention filed by Charley T Hunter. (far, COURT STAFF) (Filed on 11/10/2008) (Entered: 11/12/2008) RESPONSE to 9 Amended MOTION to Dismiss FOR IMPROPER VENUE re 4 ; ALTERNATIVELY, TO TRANSFER CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS filed byCharley T Hunter. (far, COURT STAFF) (Filed on 11/10/2008) (Entered: 11/12/2008) ADDENDUM re 14 Response by Charley T Hunter. (far, COURT STAFF) (Filed on 11/17/2008) (Entered: 11/18/2008) REPLY re 9 Motion to Dismiss for Improper Venue; Alternatively, to Transfer Case to the U.S. District Court for the Southern District of Texas filed by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. (Noble, Andrew) (Filed on 11/19/2008) Modified on 11/20/2008 (far, COURT STAFF). (Entered: 11/19/2008) ADR Clerk's Notice Re: Non-Compliance with Court Order (ls7, COURT STAFF) (Filed on 12/1/2008) (Entered: 12/01/2008) Certificate of Interested Entities by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. (Noble, Andrew) (Filed on 12/3/2008) (Entered: 12/03/2008) JOINT CASE MANAGEMENT STATEMENT AND FRCP 26(F) STATEMENT filed by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp.. (Noble, Andrew) (Filed on 12/4/2008) (Entered: 12/04/2008) STIPULATION and Proposed Order selecting Early Neutral Evaluation by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. (Noble, Andrew) (Filed on 12/4/2008) (Entered: 12/04/2008) *** FILED IN ERROR. PLEASE SEE DOCKET # 22 . *** CERTIFICATE OF SERVICE by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. re 19 Joint Case Management Statement, 20 Stipulation and Proposed Order selecting Early Neutral Evaluation (Noble, Andrew) (Filed on 12/4/2008) Modified on 12/5/2008 (ewn, COURT STAFF). (Entered: 12/04/2008) CERTIFICATE OF SERVICE by Countrywide Home Loans Inc., Full Spectrum Lending Inc., David Samol, Angelo Mozil, Countrywide Financial Corp. re 19 Joint Case Management Statement, 20 Stipulation and Proposed Order selecting Early Neutral Evaluation (corrected) (Noble, Andrew) (Filed on 12/4/2008) (Entered: 12/04/2008) ORDER by Judge Hamilton granting 9 10 Motion to Transfer and denying Motion to Dismiss. (pjhlc1, COURT STAFF) (Filed on 12/5/2008) (Additional attachment(s) added on 12/5/2008: # 1 Certificate of Service) (fj, COURT STAFF). (Entered: 12/05/2008) 11/17/2008 11/19/2008 15 16 12/01/2008 12/03/2008 17 18 12/04/2008 19 12/04/2008 20 12/04/2008 21 12/04/2008 22 12/05/2008 23 https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117040831712793-L_801_0-1 12/9/2008 CAND-ECF Page 6 of 6 12/05/2008 12/05/2008 24 Certificate of Interested Entities by Charley T Hunter (far, COURT STAFF) (Filed on 12/5/2008) (Entered: 12/08/2008) (Court only) ***Civil Case Terminated. (far, COURT STAFF) (Filed on 12/5/2008) (Entered: 12/08/2008) https://ecf.cand.circ9.dcn/cgi-bin/DktRpt.pl?117040831712793-L_801_0-1 12/9/2008

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