Weekly v. Fifth Third Bank
| Leslie T. Weekly |
| Fifth Third Bank |
| 1:2020cv01786 |
| March 13, 2020 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Telephone Consumer Protection Act (TCPA) |
| 47 U.S.C. § 227 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2021. A more recent docket listing may be available from PACER.
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Filing 38
MINUTE entry before the Honorable Mary M. Rowland: Pursuant to the stipulation of dismissal, this case is dismissed with prejudice. Each party shall bear its own costs and attorneys' fees. Any pending motions or schedules in this case are stricken as moot. Civil case terminated. Mailed notice. (dm, )
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Filing 37
STIPULATION of Dismissal With Prejudice (Daher, Marwan)
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Filing 36
MINUTE entry before the Honorable Mary M. Rowland: The court has reviewed Fifth Third Bank, National Association's status report. Plaintiff is given until 6/16/21 to indicate in a status report whether he intends to pursue this action or whether the parties will agree to dismiss the case, both parties agreeing to bear their own costs. Mailed notice. (dm, )
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Filing 35
STATUS Report by Fifth Third Bank (Sarkar, Richik)
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Filing 34
ATTORNEY Appearance for Defendant Fifth Third Bank by Richik Sarkar (Sarkar, Richik)
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Filing 33
MINUTE entry before the Honorable Mary M. Rowland: Alexander J. Taylor's motion to withdraw as counsel #32 is granted. Attorney Alexander James Taylor's appearance is terminated. Mailed notice. (dm, )
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Filing 32
MOTION by Attorney Alexander J. Taylor to withdraw as attorney for Leslie T. Weekly. No party information provided (Taylor, Alexander)
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Filing 31
REPLY by Fifth Third Bank to memorandum in support of motion #25 (Wright, Alexander)
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Filing 30
MINUTE entry before the Honorable Mary M. Rowland: On 12/22/20 the court ruled on Defendant's motion to dismiss for failure to state a claim. #26 On that same day the defendant filed a motion to dismiss for lack of subject matter jurisdiction. #24 The current motion to dismiss, based on a July 2020 Supreme Court case, is fully briefed. Defendant now requests the court to stay discovery #28 based on a case argued before the Seventh Circuit on 12/8/20, Facebook, Inc., v. Duguid, 19-511. The Seventh Circuit case involves the definition of an Automatic Dialing System (ADS) and may have an impact on this case. The motion to stay discovery is granted. Defendant is required to file a status report regarding the Facebook case on or before 6/15/21. Mailed notice. (dm, )
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Filing 29
RESPONSE by Leslie T. Weeklyin Opposition to MOTION by Defendant Fifth Third Bank to dismiss for lack of jurisdiction #24 (Daher, Marwan)
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Filing 28
MOTION by Defendant Fifth Third Bank to stay (Wright, Alexander)
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Filing 27
MEMORANDUM Opinion and Order. Signed by the Honorable Mary M. Rowland on 12/22/2020. Mailed notice. (dm, )
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Filing 26
MINUTE entry before the Honorable Mary M. Rowland: Defendant's motion to dismiss based on failure to state a claim #13 is denied. Order to follow. Plaintiff is permitted to conduct discovery limited to determining whether Fifth Third used a system with ATDS capabilities as recently defined in Gadelhak v. AT&T Servs., Inc., 950 F.3d 458 (7th Cir. 2020). That limited discovery may commence with Rule 26(a)(1) disclosures by both parties by 1/15/21 to be followed by written discovery to be served by plaintiff on or after 1/29/21. Oral discovery by plaintiff is permitted, limited to the topic outlined. This discovery, limited as it is, should be completed by 3/31/21. All other discovery is stayed. Defendant recently filed a second motion to dismiss alleging lack of subject matter jurisdiction based on Barr v. Am. Ass'n of Political Consultants, 140 S. Ct. 2335 (2020). A response to that motion is due 1/22/21 and reply is due 2/5/21. Parties are to file a joint status report on 3/31/21 indicating the status of the limited discovery; whether there are disputed facts regarding the ATDS at issue and what further discovery each party believes would be required. Parties should also indicate whether a settlement conference would be productive. Mailed notice. (dm, )
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Filing 25
MEMORANDUM by Fifth Third Bank in support of motion to dismiss/lack of jurisdiction #24 Pursuant to Fed. R. Civ. P 12(b)(1) (Wright, Alexander)
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Filing 24
MOTION by Defendant Fifth Third Bank to dismiss for lack of jurisdiction (Wright, Alexander)
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Filing 23
REPLY by Fifth Third Bank to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank #13 (Wright, Alexander)
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Filing 22
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk8, Docket)
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Filing 21
RESPONSE by Leslie T. Weeklyin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank #13 (Daher, Marwan)
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Filing 20
MINUTE entry before the Honorable Mary M. Rowland: Plaintiff's unopposed motion to extend time to file response #19 is granted. Plaintiff's deadline to respond to Defendant's Motion to Dismiss is extended to June 30, 2020. Defendant's deadline to reply to Plaintiff's Response is extended to July 21, 2020. The Court will rule by mail. Mailed notice. (dm, )
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Filing 19
MOTION by Plaintiff Leslie T. Weekly for extension of time to file response/reply as to Motion to Dismiss for Failure to State a Claim #13 (Attachments: #1 Text of Proposed Order)(Daher, Marwan)
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Filing 18
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, )
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Filing 17
ATTORNEY Appearance for Defendant Fifth Third Bank by Karen S. Hockstad (Hockstad, Karen)
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Filing 16
MINUTE entry before the Honorable Mary M. Rowland: Briefing schedule on Defendant's motion to dismiss #13 is set as follows: Plaintiff's response due 6/16/20; Defendant's reply due 7/7/20. These dates will not be extended by any General Orders entered regarding the coronavirus pandemic without a motion by counsel. The Court will rule by mail. Initial status hearing set for 6/24/20 is stricken. Mailed notice. (dm, )
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Filing 15
NOTICE by Fifth Third Bank re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank #13 , memorandum in support of motion #14 (Wright, Alexander)
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Filing 14
MEMORANDUM by Fifth Third Bank in support of Motion to Dismiss for Failure to State a Claim #13 (Wright, Alexander)
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Filing 13
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank (Wright, Alexander)
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Filing 12
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, )
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Filing 11
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket3, )
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Filing 10
MINUTE entry before the Honorable Mary M. Rowland: Initial status hearing is set for 6/24/20 at 9:30 a.m. No later than five business days before the status hearing, the parties shall file a joint initial status report. A template for the Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Rowland's name and then again on the link entitled 'Initial Status Conference.' The litigants are further ordered to review all of Judge Rowland's standing orders and the information available on her webpage. Mailed notice. (dm, )
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Filing 9
NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fifth Third Bank (Wright, Alexander)
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Filing 8
ATTORNEY Appearance for Defendant Fifth Third Bank by Alexander Nicholas Wright (Wright, Alexander)
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Filing 7
WAIVER OF SERVICE returned executed by Leslie T. Weekly. Fifth Third Bank waiver sent on 3/17/2020, answer due 5/18/2020. (Sulaiman, Omar)
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Filing 6
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (tg, )
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Filing 5
NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (kp, )
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CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Susan E. Cox. Case assignment: Random assignment. (txl, )
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Filing 4
ATTORNEY Appearance for Plaintiff Leslie T. Weekly by Marwan R. Daher (Daher, Marwan)
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Filing 3
ATTORNEY Appearance for Plaintiff Leslie T. Weekly by Alexander James Taylor (Taylor, Alexander)
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Filing 2
ATTORNEY Appearance for Plaintiff Leslie T. Weekly by Omar Tayseer Sulaiman (Sulaiman, Omar)
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Filing 1
COMPLAINT filed by Leslie T. Weekly; Jury Demand. Filing fee $ 400, receipt number 0752-16829365. (Attachments: #1 Civil Cover Sheet)(Sulaiman, Omar)
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