Wells Sweeping, LLC et al v. Capital One, National Association et al
| California Eastern District Court | |
| Judge: | Morrison C England, Jr |
| Referred: | Kendall J Newman |
| Case #: | 2:21-cv-00728 |
| Nature of Suit | 380 Torts - Personal Property - Other Personal Property Damage |
| Cause | 28:1331 Fed. Question: Tort Action |
| Case Filed: | Apr 23, 2021 |
| Terminated: | May 13, 2022 |
| Last checked: Wednesday Oct 20, 2021 1:36 AM PDT |
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Defendant
Capital One, National Association
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Represented By
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Defendant
Aaron Ashcraft
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Defendant
Roxy Ashcraft
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Plaintiff
Jay Wells
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Represented By
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Plaintiff
Wells Sweeping, LLC
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Aaron Ashcroft
Terminated: 04/27/2021
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Defendant
Roxy Ashcroft
Terminated: 04/27/2021
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GPO
Jun 22 2021
ORDER signed by Senior Judge Morrison C. England, Jr. on 06/21/21, per 8 Stipulation, EXTENDING the date Capital One shall file its responsive pleading to the Complaint to 07/21/21. (Benson, A.) |
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GPO
Jul 21 2021
ORDER signed by Senior Judge Morrison C. England, Jr. on 7/21/2021 GRANTING 11 Ex Parte Application EXTENDING Time for an additional thirty (30) days from today's date, for Plaintiffs to effectuate service of the Summons and Complaint, or to file a motion for service by publication. (York, M) |
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GPO
Jul 22 2021
e by publication 8/22/2021.(Reader, L)ORDER signed by Senior Judge Morrison C. England, Jr. on 7/21/2021 GRANTING 11 Plaintiffs an additional thirty (30) days from today's date to effectuate service of the Summons and Complaint filed in this matter, or to file a motion for servic |
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GPO
Aug 25 2021
ORDER signed by Senior Judge Morrison C. England, Jr. on 8/25/2021 GRANTING 20 Ex Parte Application to Extend Time to Complete Service. Plaintiffs GRANTED an additional 30 days from today's date to effectuate service of the Summons and Complaint filed in this matter on Aaron Ashcraft and Roxy Ashcraft, or to file a motion for service by publication. (Tupolo, A) |
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GPO
Dec 29 2022
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 12/28/21: The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving this Court's ruling on the last filed dispositive motion. The parties are to set forth in their Notice of Trial Readiness, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the Eastern District of California, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. After review of the parties' Joint Notice of Trial Readiness, the Court will issue an order that sets forth new dates for a final pretrial conference and trial. (Kaminski, H) |
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GPO
May 13 2022
ORDER signed by Senior Judge Morrison C. England, Jr. on 05/12/22 GRANTING 15 Motion to Dismiss without prejudice. Because the Court has determined that the exercise of supplemental jurisdiction is not indicated under the circumstances, and given its dismissal without prejudice, Plaintiffs may refile their claims in the appropriate state court. In accordance with the provisions of 28 U.S.C. § 1367(d), any applicable statute of limitations as to Plaintiffs' state law claims are tolled during the period their lawsuit was pending in this Court, and for 30 days following this dismissal, unless state law provides a longer period. CASE CLOSED (Benson, A.) |
| Docket last updated: 10 hours ago |
| Friday, May 13, 2022 | ||
| 31 | 31
order
Judgment
Fri 05/13 10:34 AM
JUDGMENT dated *05/13/22* pursuant to order signed by Senior Judge Morrison C. England, Jr. on 05/12/22. (Benson, A.) |
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3
pgs
order
Order ~Util - Terminate Civil Case Order on Motion to Dismiss
Fri 05/13 10:34 AM
ORDER signed by Senior Judge Morrison C. England, Jr. on 05/12/22 GRANTING15 Motion to Dismiss without prejudice. Because the Court has determined that the exercise of supplemental jurisdiction is not indicated under the circumstances, and given its dismissal without prejudice, Plaintiffs may refile their claims in the appropriate state court. In accordance with the provisions of 28 U.S.C. § 1367(d), any applicable statute of limitations as to Plaintiffs' state law claims are tolled during the period their lawsuit was pending in this Court, and for 30 days following this dismissal, unless state law provides a longer period. CASE CLOSED (Benson, A.) |
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| Wednesday, February 09, 2022 | ||
| 29 | 29
order
Clerks Entry of Default
Wed 02/09 11:01 AM
CLERK'S ENTRY OF DEFAULT as to *Aaron Ashcraft, Roxy Ashcraft* (Kastilahn, A) |
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| Tuesday, February 08, 2022 | ||
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misc
Request for Entry of Default
Tue 02/08 2:58 PM
REQUEST FOR ENTRY OF DEFAULT as to Aaron Ashcraft, Roxy Ashcraft by Jay Wells, Wells Sweeping, LLC.(Cleveland, Kevin) |
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Att: 1
Affidavit of KPC ISO Request to Enter Default Against Defendants Aaron Ashcraft and Roxy Ashcraft
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| Wednesday, December 29, 2021 | ||
| 27 | 27
order
Stipulation and Order
Wed 12/29 8:30 AM
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr on 12/28/21: The parties are ordered to file a Joint Notice of Trial Readiness not later than thirty (30) days after receiving this Court's ruling on the last filed dispositive motion. The parties are to set forth in their Notice of Trial Readiness, the appropriateness of special procedures, whether this case is related to any other case(s) on file in the Eastern District of California, the prospect for settlement, their estimated trial length, any request for a jury, and their availability for trial. After review of the parties' Joint Notice of Trial Readiness, the Court will issue an order that sets forth new dates for a final pretrial conference and trial. (Kaminski, H) |
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| Thursday, December 23, 2021 | ||
| 26 | 26
misc
Stipulation and Proposed Order
Thu 12/23 9:17 AM
STIPULATION and PROPOSED ORDER for Extending Discovery Deadlines by Jay Wells, Wells Sweeping, LLC. (Cleveland, Kevin) |
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| Friday, December 17, 2021 | ||
| 25 | 25
misc
Status Report
Fri 12/17 4:36 PM
JOINT STATUS REPORT by Jay Wells, Wells Sweeping, LLC. (Cleveland, Kevin) |
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| Friday, September 10, 2021 | ||
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service
Summons Returned Executed
Fri 09/10 2:47 PM
SUMMONS RETURNED EXECUTED: Roxy Ashcraft served on 9/2/2021, answer due 9/23/2021. (Cleveland, Kevin) |
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service
Summons Returned Executed
Fri 09/10 2:46 PM
SUMMONS RETURNED EXECUTED: Aaron Ashcraft served on 9/2/2021, answer due 9/23/2021. (Cleveland, Kevin) |
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| Wednesday, August 25, 2021 | ||
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1
pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings Order on Ex Parte Application
Wed 08/25 10:04 AM
ORDER signed by Senior Judge Morrison C. England, Jr. on 8/25/2021 GRANTING20 Ex Parte Application to Extend Time to Complete Service. Plaintiffs GRANTED an additional 30 days from today's date to effectuate service of the Summons and Complaint filed in this matter on Aaron Ashcraft and Roxy Ashcraft, or to file a motion for service by publication. (Tupolo, A) |
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| Friday, August 20, 2021 | ||
| 21 | 21
misc
Proposed Order
Fri 08/20 9:49 AM
PROPOSED ORDER re Application for Order Extending Time to Complete Service re20 EX PARTE APPLICATION by Wells Sweeping, LLC for Order Extending Time to Complete Service. by Wells Sweeping, LLC. (Cleveland, Kevin) |
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motion
Ex Parte Application
Fri 08/20 9:45 AM
EX PARTE APPLICATION by Wells Sweeping, LLC for Order Extending Time to Complete Service. (Cleveland, Kevin) |
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| Thursday, August 19, 2021 | ||
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misc
Reply
Thu 08/19 4:36 PM
REPLY by Capital One, National Association re15 Motion to Dismiss,.(Tcheng, Connie) |
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Att: 1
Proof of Service
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| Thursday, August 12, 2021 | ||
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respm
Opposition to Motion
Thu 08/12 5:36 PM
OPPOSITION by Jay Wells, Wells Sweeping, LLC to15 Motion to Dismiss,. (Cleveland, Kevin) |
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| Friday, July 23, 2021 | ||
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order
Minute Order ~Util - 1 Terminate Deadlines and Hearings Order on Motion to Dismiss
Fri 07/23 3:32 PM
MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy for Senior District Judge Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the 8/26/2021 hearing on the15 Motion to Dismiss, is VACATED and SUBMITTED without appearance and argument. The opposition or statement of non-opposition and reply due dates shall be filed in accordance with the original motion hearing date. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (York, M) |
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| Thursday, July 22, 2021 | ||
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pgs
order
Order ~Util - 1 Set/Reset Deadlines and Hearings
Thu 07/22 4:04 PM
ORDER signed by Senior Judge Morrison C. England, Jr. on 7/21/2021 GRANTING11 Plaintiffs an additional thirty (30) days from today's date to effectuate service of the Summons and Complaint filed in this matter, or to file a motion for service by publication 8/22/2021 |
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| Wednesday, July 21, 2021 | ||
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motion
Dismiss
Wed 07/21 4:11 PM
MOTION to DISMISS by Capital One, National Association. Motion Hearing set for 8/26/2021 at 02:00 PM in Courtroom 7 (MCE) before Senior Judge Morrison C. England Jr..(Tcheng, Connie) |
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Att: 1
Proposed Order Granting Defendant Capital One Bank (USA), N.A.'s Motion to Dismiss First Amended Complaint
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| 14 | 14
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pgs
order
Order on Ex Parte Application
Wed 07/21 2:10 PM
ORDER signed by Senior Judge Morrison C. England, Jr. on 7/21/2021 GRANTING11 Ex Parte Application EXTENDING Time for an additional thirty (30) days from today's date, for Plaintiffs to effectuate service of the Summons and Complaint, or to file a motion for service by publication. (York, M) |
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order
Minute Order
Wed 07/21 12:53 PM
MINUTE ORDER (Text Only) issued by Relief Courtroom Deputy for Senior District Judge Morrison C. England, Jr.: The Court received the11 Ex Parte Application and12 Proposed Order. Pursuant to Local Rule 137(b), regarding the requirements for proper filing of a proposed order, you are required to email the proposed order (in Microsoft Word) to chambers in addition to filing the pdf version via the CM/ECF system. Pursuant to Local Rules 101 and 131(c), the definition for "signature", you may enter /s/ for signatures for all counsel. Please submit your proposed order today in Microsoft Word format to: mceorders@caed.uscourts.gov. (York, M) |
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| Tuesday, July 20, 2021 | ||
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misc
Proposed Order
Tue 07/20 5:29 PM
PROPOSED ORDER re Granting Plaintiffs' Ex Parte Application for Extending Time to Complete Service re11 EX PARTE APPLICATION by Jay Wells, Wells Sweeping, LLC for Extending Time to Complete Service. by Jay Wells, Wells Sweeping, LLC. (Cleveland, Kevin) |
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motion
Ex Parte Application
Tue 07/20 5:27 PM
EX PARTE APPLICATION by Jay Wells, Wells Sweeping, LLC for Extending Time to Complete Service. (Cleveland, Kevin) |
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| Monday, July 19, 2021 | ||
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service
Summons Returned Executed
Mon 07/19 2:33 PM
SUMMONS RETURNED EXECUTED: Capital One, National Association served on 5/5/2021, answer due 5/26/2021. (Cleveland, Kevin) |
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| Tuesday, June 22, 2021 | ||
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pgs
order
Order
Tue 06/22 9:36 AM
ORDER signed by Senior Judge Morrison C. England, Jr. on 06/21/21, per8 Stipulation, EXTENDING the date Capital One shall file its responsive pleading to the Complaint to 07/21/21. (Benson, A.) |
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| Friday, June 18, 2021 | ||
| 8 | 8
misc
Stipulation and Proposed Order
Fri 06/18 2:24 PM
STIPULATION and PROPOSED ORDER for Extension of Time to Respond to First Amended Complaint by Capital One, National Association.(Tcheng, Connie) |
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Att: 1
Proposed Order Granting Second Stipulation to Extend Time to Respond to First Amended Complaint
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| Wednesday, May 26, 2021 | ||
| 7 | 7
misc
Stipulation
Wed 05/26 12:37 PM
STIPULATION TO EXTEND TIME TO RESPOND TO THE COMPLAINT by Capital One, National Association. Attorney Tcheng, Connie Y. added.(Tcheng, Connie) |
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Att: 1
Proof of Service
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| Friday, April 30, 2021 | ||
| 6 | 6
service
Summons
Fri 04/30 2:18 PM
SUMMONS ISSUED as to *Aaron Ashcraft, Roxy Ashcraft* with answer to complaint due within *21* days. Attorney *Kevin P. Cleveland* *Young, Cohen & Durrett, LLP* *1321 Howe Avenue, Suite 100* *Sacramento, CA 95825*. (Mena-Sanchez, L) |
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| Thursday, April 29, 2021 | ||
| 5 | 5
cmp
Amended Complaint
Thu 04/29 11:10 AM
FIRST AMENDED COMPLAINT against All Defendants by Jay Wells, Wells Sweeping, LLC.(Cleveland, Kevin) |
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| Tuesday, April 27, 2021 | ||
| 4 | 4
cmp
Amended Complaint
Tue 04/27 12:03 PM
FIRST AMENDED COMPLAINT against All Defendants by Jay Wells, Wells Sweeping, LLC.(Cleveland, Kevin) |
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Att: 1
Notice Notice of Correction (name of Defendants)
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| Friday, April 23, 2021 | ||
| 3 | 3
misc
Civil New Case Documents for MCE
Fri 04/23 1:33 PM
CIVIL NEW CASE DOCUMENTS ISSUED; (Tupolo, A) |
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Att: 1
Consent Form,
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Att: 2
VDRP
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service
Summons
Fri 04/23 1:32 PM
SUMMONS ISSUED as to *Aaron Ashcroft, Roxy Ashcroft, Capital One, National Association * with answer to complaint due within *21* days. Attorney *Kevin P. Cleveland* *Young, Cohen & Durrett, LLP* *1321 Howe Ave., Suite 100* *95825*. (Tupolo, A) |
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cmp
Complaint
Fri 04/23 11:43 AM
COMPLAINT against All Defendants by Jay Wells, Wells Sweeping, LLC. Attorney Cleveland, Kevin added. (Filing fee $ 402, receipt number 0972-9561666)(Cleveland, Kevin) |
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Att: 1
Civil Cover Sheet
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