Kindle v. Fifth Third Bank et al
| Edward S. Kindle |
| Lynn M. Zal and Fifth Third Bank |
| 1:2014cv06502 |
| August 21, 2014 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Lake |
| Marvin E Aspen |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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| ***Civil Case Terminated. (mgh, ) |
| Filing 42 MEMORANDUM Opinion and Order Signed by the Honorable Marvin E. Aspen on 9/1/2015.Mailed notice(lxs, ) |
| Filing 41 MINUTE entry before the Honorable Marvin E. Aspen: For the reasons stated in the Memorandum Opinion and Order issued today, Plaintiff's Motion to Consider is denied. Defendant's Motion to Dismiss is granted. Accordingly, Plaintiff's ADA and Illinois Restrooms Access Act Claims are dismissed with prejudice, and his remaining state tort claims are dismissed without prejudice for lack of jurisdiction. Finally, Plaintiff's Motion for Counsel is denied as moot. It is so ordered. Mailed notice (lxs, ) |
| Filing 40 MOTION by Plaintiff Edward S. Kindle to reconsider. (tlm) |
| Filing 39 MINUTE entry before the Honorable Marvin E. Aspen: Status hearing of 8/27/2015 is stricken and reset for 9/17/2015 at 10:30 AM.Mailed notice (mad, ) |
| Filing 38 MINUTE entry before the Honorable Marvin E. Aspen: Status hearing of 8/6/2015 is stricken and reset for 8/27/2015 at 10:30 AM.Mailed and telephoned notice (mad, ) |
Filing 37
ORDER: Defendants' motion to withdraw and substitute counsel #34 is granted. Melanie I. Stewart is given leave to file appearance on behalf of defendant and Melissa A. Carrington is withdrawn as counsel for defendant. Motion is stricken from the court's call of July 16, 2015. Signed by the Honorable Marvin E. Aspen on 7/14/2015. (jh, )
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| Filing 36 MINUTE entry before the Honorable Marvin E. Aspen: Status hearing of 7/30/2015 stricken and reset for 8/6/2015 at 10:30 AM by agreement.Mailed and telephoned notice (mad, ) |
| Filing 35 NOTICE OF MOTION TO WITHDRAW AND SUBSTITUTE ATTORNEY NOTICE of Motion by Melissa Ammann Carrington for presentment of motion to substitute attorney #34 before Honorable Marvin E. Aspen on 7/16/2015 at 10:30 AM. (Carrington, Melissa) |
| Filing 34 MOTION by Defendants Fifth Third Bank, Lynn M. Zal to substitute attorney DEFENDANTS' MOTION TO WITHDRAW AND SUBSTITUTE ATTORNEY (Carrington, Melissa) |
| Filing 33 ATTORNEY Appearance for Defendants Fifth Third Bank, Lynn M. Zal by Melanie I Stewart ATTORNEY APPEARANCE (Stewart, Melanie) |
| Filing 32 MINUTE entry before the Honorable Marvin E. Aspen: Status hearing of 7/2/2015 is stricken and reset for 7/30/2015 at 10:30 AM.Mailed notice (mad, ) |
| Filing 31 RESPONSE by Fifth Third Bank, Lynn M. Zal to MOTION by Plaintiff Edward S. KindleMOTION not to Dimiss #30 DEFENDANTS' RESPONSE TO PLAINTIFF'S MOTION NOT TO DISMISS (Carrington, Melissa) |
| Filing 30 MOTION NOT TO DISMISS by Plaintiff Edward S. Kindle (Exhibits). (kp, ) |
| Filing 29 REPLY by Defendants Fifth Third Bank, Lynn M. Zal to motion to dismiss #24 DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFF'S COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 12(b)(1) and 12(b)(6) (Carrington, Melissa) |
| Filing 28 MOTION by Plaintiff Edward S. Kindle for attorney representation. (lf, ) |
| Filing 27 MINUTE entry before the Honorable Marvin E. Aspen:Response to defendants' motion to dismiss #24 is due by 5/18/2015. Reply is due by 5/28/2015. This motion is stricken from the Court's call of 4/16/2015 and will not be called in court. Status hearing is set for 7/2/2015 at 10:30 AM.Mailed notice (mad, ) |
| Filing 26 NOTICE OF MOTION TO DISMISS NOTICE of Motion by Melissa Ammann Carrington for presentment of motion to dismiss #24 before Honorable Marvin E. Aspen on 4/16/2015 at 10:30 AM. (Carrington, Melissa) |
| Filing 25 MEMORANDUM by Fifth Third Bank, Lynn M. Zal in support of motion to dismiss #24 MEMORANDUM IN SUPPORT OF MOTION TO DISMISS (Attachments: #1 Exhibit Exhibit A)(Carrington, Melissa) |
| Filing 24 MOTION by Defendants Lynn M. Zal, Fifth Third Bank to dismiss MOTION TO DISMISS (Carrington, Melissa) |
| Filing 23 ATTORNEY Appearance for Defendants Fifth Third Bank, Lynn M. Zal by Joseph J Lynnet (Lynnet, Joseph) |
| Filing 22 MINUTE entry before the Honorable Marvin E. Aspen:Defendants' motion for extension of time to 4/13/2015 to respond to plaintiff's complaint #18 is granted. Motion hearing date of 3/26/2015 is stricken and the motion will not be called in court.Mailed notice (mad, ) |
| Filing 21 MINUTE entry before the Honorable Marvin E. Aspen:Application of Joseph J. Lynett for leave to appear pro hac vice on behalf of defendants #14 is granted.Mailed notice (mad, ) |
| Filing 20 SUMMONS Returned Executed via Steve Hoff, Private Investigator as to Fifth Third Bank on 3/9/2015, answer due 3/30/2015; Lynn M. Zak on 3/9/2015, answer due 3/30/2015. (Attachments: #1 Supplement)(ks, ) |
| Filing 19 NOTICE OF MOTION NOTICE of Motion by Melissa Ammann Carrington for presentment of motion for extension of time to file answer #18 before Honorable Marvin E. Aspen on 3/26/2015 at 10:30 AM. (Carrington, Melissa) |
| Filing 18 MOTION by Defendants Fifth Third Bank, Lynn M. Zal for extension of time to file answer AGREED MOTION FOR EXTENSION OF TIME TO RESPOND (Carrington, Melissa) |
| Filing 17 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fifth Third Bank CORPORATE DISCLOSURE STATEMENT (Carrington, Melissa) |
| Filing 16 CERTIFICATE of Service by Defendants Fifth Third Bank, Lynn M. Zal regarding MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10437290. #14 , attorney appearance #15 CERTIFICATE OF SERVICE (Carrington, Melissa) |
| Filing 15 ATTORNEY Appearance for Defendants Fifth Third Bank, Lynn M. Zal by Melissa Ammann Carrington APPEARANCE (Carrington, Melissa) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 0752-10437290. (Attachments: #1 Certificate of Good Standing-SDNY)(Lynnet, Joseph) |
| SUMMONS Issued, 2 originals and 2 copies, along with 2 copies of the original complaint as to Defendants Fifth Third Bank and Lynn M. Zal. Summonses and copies mailed to plaintiff by U.S. Mail per his request. (tlm) |
| Filing 12 MINUTE entry before the Honorable Marvin E. Aspen:On November 5, 2014, Plaintiff Edward Kindle paid the filing fee to proceed with his complaint in this court. To date, however, he has not effectuated service of process on Defendants as required by Federal Rule of Civil Procedure 4. We hereby extend the deadline for Plaintiff to complete service of process. Plaintiff must properly serve Defendants on or by Tuesday, March 31, 2015. If he fails to do so, we will dismiss this action without prejudice pursuant to Rule 4(m). It is so ordered.Mailed notice (mad, ) |
| Filing 13 COMPLAINT filed by Edward S. Kindle (Exhibits); Jury Demand. (tlm) |
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Filing 10
ORDER. We deny Plaintiff's motion for reconsideration #7 and amended application to proceed in forma pauperis #8 . We also deny the motion to amend the complaint #9 as premature. If Plaintiff wishes to proceed with this federal lawsuit, he must pay the $400 civil case filing fee by November 21, 2014. If Plaintiff takes no action by November 21, 2014, this case will be dismissed. It is so ordered. Signed by the Honorable Marvin E. Aspen on 10/30/2014. Notice mailed by judge's staff (ntf, )
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| Filing 9 MOTION by plaintiff Edward S. Kindle to amend complaint. (mjc, ) |
| Filing 8 MOTION by plaintiff Edward S. Kindle for leave to proceed in forma pauperis. (mjc, ) |
| Filing 7 MOTION by plaintiff Edward S. Kindle to reconsider filing fee. (mjc, ) |
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Filing 6
ORDER. We deny Plaintiff's application to proceed in forma pauperis #4 and his motion for appointment of counsel #5 . If Plaintiff wishes to proceed with this federal lawsuit, he must pay the $400 civil case filing fee by October 6, 2014. If Plaintiff takes no action by October 6, 2014, this federal case will be dismissed. Signed by the Honorable Marvin E. Aspen on 9/15/2014. Notice mailed by judge's staff (ntf, )
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| Filing 5 MOTION by Plaintiff Edward S. Kindle for attorney representation. (mgh, ) |
| Filing 4 APPLICATION by Plaintiff Edward S. Kindle for leave to proceed in forma pauperis. (mgh, ) |
| Filing 3 PRO SE Appearance by Plaintiff Edward S. Kindle (mgh, ). |
| Filing 2 CIVIL Cover Sheet (mgh, ) |
| Filing 1 RECEIVED Complaint and 2 copies by Edward S. Kindle (mgh, ) |
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