ANTON REALTY, LLC et al v. FIFTH THIRD BANK
Plaintiff: ANTON REALTY, LLC and ANDY MOHR TRUCK CENTER, INC.
Defendant: FIFTH THIRD BANK
Case Number: 1:2015cv00199
Filed: February 10, 2015
Court: US District Court for the Southern District of Indiana
Office: Indianapolis Office
Presiding Judge: Tim A Baker
Referring Judge: Richard L Young
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 7, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 7, 2017 Opinion or Order Filing 123 ORDER ON JOINT STIPULATION OF DISMISSAL, WITH PREJUDICE - It is, therefore, ORDERED, ADJUDGED, and DECREED that this matter, shall be, and hereby is, dismissed with prejudice, with each party to bear its own costs and attorneys' fees. Signed by Judge Richard L. Young on 8/7/2017.(JRB)
August 4, 2017 Filing 122 Submission of Order on #121 Joint Stipulation of Dismissal, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia) Modified on 8/7/2017 (JRB).
August 3, 2017 Filing 121 STIPULATION of Dismissal (Joint), filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
July 27, 2017 Opinion or Order Filing 120 ORDER granting Parties' #119 Motion for Extension of Time to File stipulation of dismissal to 8/2/2017. Signed by Magistrate Judge Tim A. Baker on 7/27/2017. (SWM)
July 26, 2017 Filing 119 Motion (Second) Notice of Settlement and Request for Additional Time, filed by Defendant FIFTH THIRD BANK (Attachments: #1 Text of Proposed Order) (Reese, Cynthia) Modified text on 7/27/2017 (TMB).
July 24, 2017 Opinion or Order Filing 118 ORDER granting #117 Motion for Extension of Time to 7/26/2017 to file its stipulation of dismissal. Signed by Magistrate Judge Tim A. Baker on 7/24/2017. (CBU)
July 19, 2017 Filing 117 NOTICE of Settlement and Request for Additional Time, filed by Defendant FIFTH THIRD BANK (Attachments: #1 Text of Proposed Order) (Reese, Cynthia) Modified on 7/20/2017 (TMB).
June 21, 2017 Opinion or Order Filing 116 ORDER: The Court has been advised by counsel that a settlement has been reached in this matter. Accordingly, the joint motion to vacate the June 27, 2017, settlement conference [Filing No. 114] is granted and any other pending motions are denied, without prejudice, as moot, and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are vacated. Parties shall file a stipulation of dismissal within 28 days. Signed by Magistrate Judge Tim A. Baker on 6/21/2017. (SWM)
June 20, 2017 Filing 115 REPORT to Court of Mediation (Attachments: #1 Envelope)(JRB)
June 16, 2017 Filing 114 MOTION to Vacate Settlement Conference and Notice of Settlement, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Text of Proposed Order)(Brodnik, Thomas)
May 8, 2017 Opinion or Order Filing 113 ORDER ON MAY 4, 2017, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING SETTLEMENT CONFERENCE AND RELATED DEADLINES - Parties appeared by counsel May 4, 2017, for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. This matter is set for a settlement conference at 10 a.m. on June 27, 2017, in Room 234, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A. Baker. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)
April 12, 2017 Filing 112 REPLY in Support of Motion re #99 MOTION for Partial Summary Judgment , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael)
April 12, 2017 Filing 111 REPLY in Support of Motion re #102 MOTION for Summary Judgment , filed by Defendant FIFTH THIRD BANK. (Hagenow, Christopher)
March 29, 2017 Filing 110 RESPONSE in Opposition re #99 MOTION for Partial Summary Judgment , filed by Defendant FIFTH THIRD BANK. (Hagenow, Christopher)
March 29, 2017 Filing 109 Appendix of Exhibits in Support of Response in Opposition to Motion re #102 MOTION for Summary Judgment , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Exhibit A--July 24, 2013 Email Correspondence from Mark Beeghley)(McNally, Michael)
March 29, 2017 Filing 108 RESPONSE in Opposition re #102 MOTION for Summary Judgment , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael)
March 15, 2017 Filing 107 ANSWER to #98 Amended Complaint , filed by FIFTH THIRD BANK.(Hagenow, Christopher)
March 9, 2017 Opinion or Order Filing 106 ORDER ON MARCH 3, 2017, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel March 3, 2017, for a telephonic status conference. Discussion held regarding discovery, settlement, and related matters. Counsel shall confer with their clients regarding settlement, then with each other, and contact the Magistrate Judge by March 17, 2017, to provide an update on settlement. Signed by Magistrate Judge Tim A. Baker. (MGG) Modified on 3/9/2017 (MGG). (Main Document 106 replaced on 3/9/2017) (MGG).
March 3, 2017 Filing 105 NOTICE of Appearance by John J. Moore on behalf of Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Moore, John)
March 1, 2017 Filing 104 Appendix of Exhibits in Support of Motion re #102 MOTION for Summary Judgment , filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(Reese, Cynthia)
March 1, 2017 Filing 103 BRIEF/MEMORANDUM in Support re #102 MOTION for Summary Judgment , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
March 1, 2017 Filing 102 MOTION for Summary Judgment , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
March 1, 2017 Filing 101 Appendix of Exhibits in Support of Motion re #99 MOTION for Partial Summary Judgment , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Exhibit A--Mark Smith Deposition Excerpts, #2 Exhibit B--Declaration of Andy Mohr, #3 Exhibit C--Brad Todd Deposition Excerpts, #4 Exhibit D--Kevin Hipskind Deposition Excerpts, #5 Exhibit E--Kevin Hipskind 8-23-13 Email to Brad Todd, #6 Exhibit F--Mark Beeghley Deposition Excerpts, #7 Exhibit G--Mark Beeghley 9-6-13 Email to Mark Smith, #8 Exhibit H--Mark Beeghley 9-8-13 Email to Mark Smith, #9 Exhibit I--Mark Smith 9-10-13 Email to Mark Beeghley, #10 Exhibit J--Payoff Letters, #11 Exhibit K--Kevin Hipskiknd 9-9-13 Email to Mark Beeghley, #12 Exhibit L--Mark Beeghley 9-9-13 Email to Matthew Kirchner, #13 Exhibit M--Declaration of Brad Todd, #14 Exhibit N--Contract for Purchase of Real Estate, #15 Exhibit O--William Olsen Deposition Excerpts, #16 Exhibit P--Fifth Third Assignment Documents, #17 Exhibit Q--Matthew Kirchner 9-16-13 Email to Rob Thomas, #18 Exhibit R--Loan Purchase and Assumption Agreement)(McNally, Michael)
March 1, 2017 Filing 100 BRIEF/MEMORANDUM in Support re #99 MOTION for Partial Summary Judgment , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael)
March 1, 2017 Filing 99 MOTION for Partial Summary Judgment, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael) Modified on 3/2/2017 (TMD).
March 1, 2017 Filing 98 THIRD AMENDED COMPLAINT with Jury Demand against FIFTH THIRD BANK, filed by ANTON REALTY, LLC and ANDY MOHR TRUCK CENTER, INC.(SWM)
March 1, 2017 Opinion or Order Filing 97 ORDER granting Plaintiff's #90 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Tim A. Baker on 3/1/2017. (SWM)
February 27, 2017 Opinion or Order Filing 96 ORDER granting Defendant's #94 Motion (Request) for Telephonic Attorney Conference. It is, therefore, ORDERED that this cause is set for a telephonic status conference at11:30 a.m. on March 3, 2017, for purposes of discussing the status of the pleadings and deadlines pursuant to the Case Management Plan. Parties shall appear by counsel who shall call the Court at 317-229-3660. Signed by Magistrate Judge Tim A. Baker on 2/27/2017.(SWM)
February 24, 2017 Filing 95 MARGINAL ENTRY denying Defendant's #93 Motion for Extension of Summary Judgment Deadline. This case has been pending more than two years, and further delay of the dispositive motion deadline will jeopardize the trial date. Signed by Magistrate Judge Tim A. Baker on 2/24/2017. (SWM)
February 24, 2017 Filing 94 MOTION Request for Telephonic Attorney conference, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order)(Reese, Cynthia)
February 22, 2017 Filing 93 Unopposed MOTION for Extension of Time to 03/31/2017 of Summary Judgment Deadline, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order)(Reese, Cynthia)
February 3, 2017 Filing 92 REPLY in Support of Motion re #90 MOTION for Leave to File Third Amended Complaint , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Brodnik, Thomas)
January 27, 2017 Filing 91 RESPONSE in Opposition re #90 MOTION for Leave to File Third Amended Complaint , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
January 13, 2017 Filing 90 MOTION for Leave to File Third Amended Complaint, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Exhibit A - Third Amended Complaint, #2 Text of Proposed Order)(Brodnik, Thomas)
January 6, 2017 Opinion or Order Filing 89 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED (Revised CMP). Dispositive Motions due by 3/1/2017. Discovery due by 7/3/2017. Signed by Magistrate Judge Tim A. Baker on 1/6/2017.(SWM)
December 21, 2016 Filing 88 NOTICE to Court to Correct and Clarify, filed by Defendant FIFTH THIRD BANK, re #87 Case Management Plan Tendered by. (Hagenow, Christopher)
December 20, 2016 Filing 87 Proposed Revised CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ANDY MOHR TRUCK CENTER, INC. . (McNally, Michael)
December 9, 2016 Filing 86 DEMAND for Trial by Jury, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Delk, Jason)
November 28, 2016 Filing 85 ANSWER to #52 Amended Complaint (Second), filed by FIFTH THIRD BANK.(Reese, Cynthia)
November 16, 2016 Opinion or Order Filing 84 SCHEDULING ORDER: Status Conference set for 5/4/2017 09:30 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 11/16/2016.(SWM)
November 14, 2016 Opinion or Order Filing 83 ORDER denying Defendant's #53 Motion to Dismiss Second Amended Complaint. Signed by Judge Richard L. Young on 11/14/2016. (TMD)
November 2, 2016 Filing 82 Corporate Disclosure Statement by FIFTH THIRD BANK. (Reese, Cynthia)
October 25, 2016 Opinion or Order Filing 81 ORDER granting #80 Motion to Continue Trial. The current trial setting of 1/23/17 is VACATED AND RESET to 8/28/17 at 9:00 a.m. in Room 349. The final pretrial conference set 1/12/17 is VACATED AND RESET to 8/17/17 at 1:30 p.m. in Room 349. The parties shall file a proposed revised Case Management Planbased upon the new trial date. Signed by Judge Richard L. Young on 10/25/2016.(JRB)
October 21, 2016 Filing 80 Joint MOTION for Continuance to Continue Trial, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order)(Reese, Cynthia)
October 17, 2016 Filing 79 MARGINAL ENTRY denying Defendant's #74 Motion for Telephonic Attorney Conference. See separate rulings on motion to modify CMP and motion to file supplemental response. Signed by Magistrate Judge Tim A. Baker on 10/17/2016. (SWM)
October 17, 2016 Filing 78 MARGINAL ENTRY denying Parties' #73 Joint Motion to Amend CMP. Motion denied, as case is set for trial on January 23, 2017. Signed by Magistrate Judge Tim A. Baker on 10/17/2016. (SWM)
October 17, 2016 Filing 77 MARGINAL ENTRY denying Plaintiffs' #69 Motion for Leave to File Supplemental Response to the Defendant's Motion to Dismiss Second Amended Complaint. Motion denied for the reasons setforth in Defendant's Response. Signed by Magistrate Judge Tim A. Baker on 10/17/2016. (SWM)
October 14, 2016 Filing 76 Submission of Proposed Order , re #74 MOTION Request for Telephonic Attorney conference, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
October 14, 2016 Filing 75 Submission of Proposed Order , re #73 Joint MOTION to Amend/Correct #56 Order: Case ManagementSet Deadlines , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
October 12, 2016 Filing 74 MOTION Request for Telephonic Attorney conference, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
October 12, 2016 Filing 73 Joint MOTION to Amend/Correct #56 Order: Case ManagementSet Deadlines , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
October 3, 2016 Filing 72 REPLY in Support of Motion re #69 MOTION for Leave to File Supplemental Response to the Defendant's Motion to Dismiss Second Amended Complaint , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Brodnik, Thomas)
September 22, 2016 Filing 71 RESPONSE in Opposition re #69 MOTION for Leave to File Supplemental Response to the Defendant's Motion to Dismiss Second Amended Complaint , filed by Defendant FIFTH THIRD BANK. (Hagenow, Christopher)
September 14, 2016 Filing 70 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Jason R. Delk hereby notifies the Clerk of the court of changed contact information. Change of Address (Delk, Jason)
September 6, 2016 Filing 69 MOTION for Leave to File Supplemental Response to the Defendant's Motion to Dismiss Second Amended Complaint, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Supplemental Response to Defendant's Motion to Dismiss Second Amended Complaint, #2 Text of Proposed Order)(Brodnik, Thomas)
August 28, 2016 Opinion or Order Filing 68 ORDER ON AUGUST 25, 2016, SETTLEMENT CONFERENCE - Plaintiff and Defendant appeared in person and by counsel August 25, 2016, for a settlement conference. Settlement discussions held, but no settlement was reached. Conference concluded without further order. Signed by Magistrate Judge Tim A. Baker. (MGG)
August 26, 2016 Filing 67 NOTICE of Service of Initial Disclosures Expert Disclosures, filed by Defendant FIFTH THIRD BANK. (Hagenow, Christopher)
August 25, 2016 Filing 66 NOTICE of Appearance by Thomas A. Brodnik on behalf of Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Brodnik, Thomas)
August 5, 2016 Opinion or Order Filing 65 ORDER ON AUGUST 4, 2016, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel August 4, 2016, for a telephonic status conference. Discussion held regarding settlement and related matters. The Court denied Defendant's request to vacate the August 25, 2016, settlement conference. Signed by Magistrate Judge Tim A. Baker. (MGG)
July 28, 2016 Opinion or Order Filing 64 SCHEDULING ORDER: Status Conference set for 8/4/2016 11:00 AM in Telephonic before Magistrate Judge Tim A. Baker. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case status and settlement. Signed by Magistrate Judge Tim A. Baker on 7/28/2016.(SWM)
July 26, 2016 Filing 63 NOTICE of Service of Initial Disclosures , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
July 26, 2016 Filing 62 Exhibit List Preliminary, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
July 26, 2016 Filing 61 Witness List Preliminary, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
July 6, 2016 Filing 60 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Cynthia Reese hereby notifies the Clerk of the court of changed contact information. (Reese, Cynthia)
July 6, 2016 Filing 59 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Christopher Charles Hagenow hereby notifies the Clerk of the court of changed contact information. (Hagenow, Christopher)
June 3, 2016 Filing 58 REPLY in Support of Motion re #53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
May 27, 2016 Filing 57 RESPONSE in Opposition re #53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Delk, Jason)
May 20, 2016 Opinion or Order Filing 56 ORDER: CASE MANAGEMENT PLAN APPROVED AS SUBMITTED. Dispositive Motions due by 10/26/2016. Discovery shall be completed 45 days prior to the final pretrial. Signed by Magistrate Judge Tim A. Baker on 5/20/2016.(CBU)
May 20, 2016 Opinion or Order Filing 55 ORDER Setting Settlement Conference and Related Deadlines: Settlement Conference set for 8/25/2016 09:00 AM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. Three business days before the scheduled conference, the parties shall submit (not file) to the Magistrate Judge a confidential settlement statement (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 5/20/2016.(SWM)
May 16, 2016 Filing 54 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC . (McNally, Michael)
May 10, 2016 Filing 53 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Complaint, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
May 3, 2016 Filing 52 AMENDED COMPLAINT (Second) against All Defendants, filed by All Plaintiffs.(Delk, Jason)
April 26, 2016 Opinion or Order Filing 51 ORDER granting Plaintiff's #33 Motion for Leave to File Second Amended Complaint and granting Plaintiff's #32 Motion for Reconsideration re #27 Order on Motion to Dismiss for Failure to State a Claim. Court's order is AMENDED to reflect that Count IV (tortious interference with a contractual relationship) and Count VI (civil conspiracy) are DISMISSED WITHOUT PREJUDICE. Plaintiffs shall be provided an opportunity to amend their Complaint to plausibly state a claim for relief on those counts. Signed by Judge Richard L. Young on 4/26/2016. (TMD)
April 19, 2016 Opinion or Order Filing 50 ORDER ON APRIL 18, 2016, TELEPHONIC STATUS CONFERENCE - Parties appeared by counsel April 18, 2016, for a telephonic status conference. Discussion held regarding discovery, settlement and related matters. Defendant's second motion to amend the Case Management Plan [Filing No. 45] is granted to the extent that all CMP deadlines are vacated. The parties shall file a proposed revised CMP within 14 days after a ruling on the pending motion to amend the complaint [Filing No. 33] and the motion for reconsideration. [Filing No. 32.] The proposed revised CMP shall indicate the parties' desire with respect to the timing of a settlement conference. The May 17, 2016, settlement conference is vacated. Signed by Magistrate Judge Tim A. Baker. (MGG)
April 8, 2016 Opinion or Order Filing 49 ORDER granting #46 Motion for conference-TELEPHONIC Status Conference set for 4/18/2016 at 2:30 PM before Magistrate Judge Tim A. Baker to discuss the status of the pleadings and deadlines pursuant to the CMP. Signed by Magistrate Judge Tim A. Baker on 4/8/2016.(CBU) (Main Document 49 replaced on 4/15/2016) (MGG).
April 8, 2016 Filing 48 Submission of Proposed Order , re #46 MOTION Request for Telephonic Attorney conference, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
April 8, 2016 Filing 47 Submission of Proposed Order , re #45 Second MOTION to Amend/Correct #23 Order: Case ManagementScheduling Order , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
April 5, 2016 Filing 46 MOTION Request for Telephonic Attorney conference, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
April 5, 2016 Filing 45 Second MOTION to Amend #23 Case Management Plan , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia) Modified on 4/6/2016 to correct text(NRN).
March 18, 2016 Filing 44 NOTICE of Service of Plaintiffs' Expert Disclosure, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC (Delk, Jason)
February 2, 2016 Opinion or Order Filing 43 ORDER ON JANUARY 27, 2016, TELEPHONIC STATUS CONFERENCE AND ORDER SETTING SETTLEMENT CONFERENCE AND RELATED DEADLINES - Parties appeared by counsel January 27, 2016, for a telephonic status conference. Discussion held regarding settlement, and related matters. This matter is set for a settlement conference at 9:00 a.m. on May 17, 2016, in Room 234, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Tim A. Baker. **SEE ORDER** Signed by Magistrate Judge Tim A. Baker. (MGG)
January 29, 2016 Opinion or Order Filing 42 ORDER granting Defendant's #41 Motion to Amend CMP (see Order for established deadlines). Signed by Magistrate Judge Tim A. Baker on 1/29/2016.(SWM)
January 19, 2016 Filing 41 MOTION to Amend/Correct #23 Case Management Plan, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order)(Reese, Cynthia) Modified on 1/20/2016 (NRN).
January 14, 2016 Filing 40 REPLY in Support of Motion re #33 MOTION to Amend/Correct Amended Complaint , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Delk, Jason)
January 14, 2016 Filing 39 REPLY in Support of Motion re #32 MOTION for Reconsideration re #27 Order on Motion to Dismiss for Failure to State a Claim , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Delk, Jason)
January 4, 2016 Filing 38 RESPONSE in Opposition re #33 MOTION to Amend/Correct Amended Complaint , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
January 4, 2016 Filing 37 RESPONSE in Opposition re #32 MOTION for Reconsideration re #27 Order on Motion to Dismiss for Failure to State a Claim , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
December 30, 2015 Opinion or Order Filing 36 ORDER granting Defendant's #35 Motion for Extension of Time to File response to Plaintiff Amended Complaint. It is, therefore, ORDERED, ADJUDGED and DECREED that Fifth Third Bank is granted an extension of time to respond to the Amended Complaint or the Second Amended Complaint as the case may be, to and including fourteen (14) days after this Court's disposition of the issues raised by Plaintiffs' Motion for Reconsideration and Plaintiffs' Motion to Amend/Correct Amended Complaint. Signed by Magistrate Judge Tim A. Baker on 12/30/2015. (SWM)
December 23, 2015 Filing 35 MOTION for Extension of Time in which to File Answer to #8 Amended Complaint , filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order Order)(Reese, Cynthia) Modified on 12/28/2015 (NRN).
December 21, 2015 Filing 34 CERTIFICATE OF SERVICE by All Plaintiffs re #31 Notice of Appearance (Delk, Jason)
December 18, 2015 Filing 33 MOTION to Amend/Correct Amended Complaint, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Exhibit Exhibit A--Proposed Second Amended Complaint, #2 Text of Proposed Order Order Granting Motion for Leave to Amend)(Delk, Jason)
December 18, 2015 Filing 32 MOTION for Reconsideration re #27 Order on Motion to Dismiss for Failure to State a Claim , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Text of Proposed Order Order Granting Motion to Reconsider)(Delk, Jason)
December 18, 2015 Filing 31 NOTICE of Appearance by Jason R. Delk on behalf of Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Delk, Jason)
December 18, 2015 Filing 30 Witness List , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
December 18, 2015 Filing 29 Exhibit List , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
December 18, 2015 Opinion or Order Filing 28 ORDER SETTING TELEPHONIC STATUS CONFERENCE - This cause is set for a telephonic status conference at 2:30 p.m. on January 27, 2016. Parties shall participate in this conference by counsel, who shall call the Court at 317-229-3660. The purpose of this conference is to address case status and settlement.. Signed by Magistrate Judge Tim A. Baker on 12/18/2015.(MGG)
December 11, 2015 Opinion or Order Filing 27 ORDER granting in part and denying in part Defendant's #9 Motion to Dismiss for Failure to State a Claim. Court denies #16 motion to strike. Signed by Judge Richard L. Young on 12/11/2015. (TMD) Modified on 12/14/2015 (NRN).
November 18, 2015 Filing 26 Exhibit List Preliminary, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael)
November 18, 2015 Filing 25 Witness List Preliminary, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael)
October 29, 2015 Opinion or Order Filing 24 SCHEDULING ORDER: Final Pretrial Conference is set for 1/12/2017 at 11:00 AM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Richard L. Young. Bench Trial (3 days) is set for 1/23/2017 at 9:00 AM in room #349, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Richard L. Young. Signed by Judge Richard L. Young on 10/29/2015.(TMD)
October 29, 2015 Opinion or Order Filing 23 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 5/15/2016. Discovery due by 3/14/2016. Signed by Magistrate Judge Tim A. Baker on 10/29/2015.(SWM)
September 18, 2015 Filing 22 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC . (McNally, Michael)
August 26, 2015 Opinion or Order Filing 21 MINUTE ORDER for proceedings held before Magistrate Judge Tim A. Baker: Parties appeared by counsel on August 19, 2015, for an initial pretrial conference. The Case Management Plan at [Filing No. 20] is denied. The parties shall file a revised Case Management Plan by September 19, 2015, that contains actual dates rather than dates linked to a ruling on the Motion to Dismiss Signed by Magistrate Judge Tim A. Baker. (MGG)
August 18, 2015 Filing 20 Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC . (McNally, Michael)
July 13, 2015 Opinion or Order Filing 19 SCHEDULING ORDER: Initial Pretrial Conference set for 8/19/2015 02:00 PM in room #234, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Tim A. Baker. The parties shall file the proposed CMP no less than seven days prior to the pretrial conference (see Order for additional information). Signed by Magistrate Judge Tim A. Baker on 7/13/2015.(SWM)
July 9, 2015 Opinion or Order Filing 18 ORDER denying as moot #7 Motion for More Definite Statement as a result of Plaintiffs' amended complaint (marginal). Signed by Magistrate Judge Tim A. Baker on 7/9/2015. (CBU)
July 6, 2015 Filing 17 RESPONSE in Opposition re #16 MOTION TO STRIKE, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Exhibit A - Declaration of Malia K. Braun, #2 Exhibit B - Declaration of Michael T. McNally)(McNally, Michael) Modified on 7/9/2015 (ADH).
June 23, 2015 Filing 16 REPLY in Support of Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Motion to Strike, filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
June 19, 2015 Opinion or Order Filing 15 ORDER granting Plaintiffs' #13 Motion to Withdraw Dkt. 11 and Dkt. 12. Signed by Magistrate Judge Tim A. Baker on 6/19/2015. (SWM)
June 18, 2015 Filing 14 RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael)
June 18, 2015 Filing 13 MOTION to Withdraw #12 Submission, #11 Response in Opposition to Motion , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw)(McNally, Michael)
June 16, 2015 Filing 12 *** WITHDRAWN PER ORDER DATED 6/19/2015 *** Submission of Correct Document, filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Exhibit A - Response to Defendant's Motion to Dismiss)(McNally, Michael) Modified on 6/19/2015 (SWM).
June 15, 2015 Filing 11 *** WITHDRAWN PER ORDER DATED 6/19/2015 *** RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael) Modified on 6/19/2015 (SWM).
May 28, 2015 Filing 10 BRIEF/MEMORANDUM in Support re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
May 28, 2015 Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant FIFTH THIRD BANK. (Reese, Cynthia)
May 14, 2015 Filing 8 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Exhibit A - Contract for Purchase of Real Estate, #2 Exhibit B - 9.9.2013 Payoff Letter, #3 Exhibit C - Limited Warranty Deed, #4 Exhibit D - Vendor's Affidavit, #5 Exhibit E - Master Settlement Statement, #6 Exhibit F - Transfer Notice, #7 Exhibit G - 9.11.2013 Correspondence, #8 Exhibit H - 9.18.2013 Correspondence)(McNally, Michael)
May 14, 2015 Filing 7 MOTION for More Definite Statement , filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order)(Reese, Cynthia)
May 14, 2015 Filing 6 NOTICE of Appearance by Cynthia Reese on behalf of Defendant FIFTH THIRD BANK. (Reese, Cynthia)
May 14, 2015 Filing 5 NOTICE of Appearance by Christopher Charles Hagenow on behalf of Defendant FIFTH THIRD BANK. (Hagenow, Christopher)
May 8, 2015 Filing 4 Corporate Disclosure Statement by ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (McNally, Michael)
February 11, 2015 Filing 3 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (MEH)
February 10, 2015 Filing 2 NOTICE of Appearance by Michael T. McNally on behalf of Plaintiffs ANDY MOHR TRUCK CENTER, INC., ANTON REALTY, LLC. (Attachments: #1 Envelope) (MEH)
February 10, 2015 Filing 1 COMPLAINT against FIFTH THIRD BANK, filed by ANTON REALTY, LLC, ANDY MOHR TRUCK CENTER, INC.. (Filing fee $400, receipt number IP044515) (Attachments: #1 Civil Cover Sheet, #2 Envelope)(MEH)

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Search for this case: ANTON REALTY, LLC et al v. FIFTH THIRD BANK
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Plaintiff: ANTON REALTY, LLC
Represented By: Michael T. McNally
Represented By: Thomas A. Brodnik
Represented By: Jason R. Delk
Represented By: John J. Moore
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Plaintiff: ANDY MOHR TRUCK CENTER, INC.
Represented By: Michael T. McNally
Represented By: Thomas A. Brodnik
Represented By: Jason R. Delk
Represented By: John J. Moore
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Defendant: FIFTH THIRD BANK
Represented By: Cynthia Reese
Represented By: Christopher Charles Hagenow
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