Experi-Metal Inc v. Comerica Bank Featured Case
Plaintiff: Experi-Metal Inc
Defendant: Comerica Bank
Case Number: 2:2009cv14890
Filed: December 17, 2009
Court: US District Court for the Eastern District of Michigan
Office: Detroit Office
County: Macomb
Presiding Judge: Duggan
Presiding Judge: Komives
Nature of Suit: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 7, 2011. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2011 Filing 65 RESPONSE to 64 Supplemental Brief by Comerica Bank. (Holleman, Todd)
February 17, 2011 Filing 64 SUPPLEMENTAL BRIEF re 50 Trial Brief on the Good Faith Standard Articulated in Article 4A of the Uniform Commercial Code filed by Experi-Metal Inc. (Tomlinson, Richard)
February 3, 2011 Filing 63 CERTIFICATE OF SERVICE by Comerica Bank re 62 Proposed Findings of Fact, 61 Proposed Findings of Fact (Holleman, Todd)
February 3, 2011 Filing 62 Proposed Findings of Fact by Comerica Bank (Holleman, Todd)[DOCUMENT IS AN AMENDMENT] Modified on 2/3/2011 (TMcg).
February 2, 2011 Filing 61 Proposed Findings of Fact by Comerica Bank (Holleman, Todd)
February 2, 2011 Filing 60 Proposed Findings of Fact by Experi-Metal Inc (Attachments: # 1 Index of Exhibits, # 2 Exhibit Report of Lance James, # 3 Exhibit Treasury Management Services Master Agreement, # 4 Exhibit) (Tomlinson, Richard)
February 1, 2011 Filing 59 Notice of Filing Transcript. (Matthews, N)
February 1, 2011 Filing 58 TRANSCRIPT of BENCH TRIAL (VOLUME 6) held on January 26, 2011. (Court Reporter/Transcriber: Neferitit Jodi Matthews) (Number of Pages: 132) Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/4/2011. Release of Transcript Restriction set for 5/2/2011. Transcript may be viewed at the court public terminal or purchased through WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N)
February 1, 2011 Filing 57 TRANSCRIPT of BENCH TRIAL held on January 25, 2011. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 222) Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/4/2011. Release of Transcript Restriction set for 5/2/2011. Transcript may be viewed at the court public terminal or purchased through WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N)
February 1, 2011 Filing 56 TRANSCRIPT of BENCH TRIAL (VOLUME 4) held on January 24, 2011. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 195) Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/4/2011. Release of Transcript Restriction set for 5/2/2011. Transcript may be viewed at the court public terminal or purchased through WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N)
February 1, 2011 Filing 55 TRANSCRIPT of BENCH TRIAL (VOLUME 3) held on January 21, 2011. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 237) Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/4/2011. Release of Transcript Restriction set for 5/2/2011. Transcript may be viewed at the court public terminal or purchased through WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N)
February 1, 2011 Filing 54 TRANSCRIPT of BENCH TRIAL (VOLUME 2) held on January 20, 2011. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 195) Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/4/2011. Release of Transcript Restriction set for 5/2/2011. Transcript may be viewed at the court public terminal or purchased through WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N)
February 1, 2011 Filing 53 TRANSCRIPT of BENCH TRIAL (VOLUME 1) held on January 19, 2011. (Court Reporter/Transcriber: Nefertiti Jodi Matthews) (Number of Pages: 211) Redaction Request due 2/22/2011. Redacted Transcript Deadline set for 3/4/2011. Release of Transcript Restriction set for 5/2/2011. Transcript may be viewed at the court public terminal or purchased through WWW.TRANSCRIPTORDERS.COM before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Matthews, N)
January 26, 2011 Minute Entry - Bench Trial held on 1/26/2011, Bench Trial completed on 1/26/2011 before District Judge Patrick J Duggan. Disposition: Taken Under Advisement(Court Reporter Jodi Matthews) (MOre)
January 25, 2011 Filing 52 RESPONSE to 47 MOTION in Limine and Memorandum in Support of Motion, 51 MOTION in Limine Supplemental Filing to Exclude Plaintiff's Expert Witness filed by Experi-Metal Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Jonathan Lance James Curriculum Vitae, # 3 Exhibit "Banking Scam Revealed") (Tomlinson, Richard)
January 25, 2011 Minute Entry - Bench Trial held on 1/25/2011 before District Judge Patrick J Duggan. Disposition: Continued to 1/26/11 at 10:00 a.m.(Court Reporter Jodi Matthews) (MOre)
January 24, 2011 Minute Entry - Bench Trial held on 1/24/2011 before District Judge Patrick J Duggan. Disposition: Continued to 1/25/11 at 10:00 a.m.(Court Reporter Jodi Matthews) (MOre)
January 24, 2011 Minute Entry - Settlement Conference held on 1/24/2011 before District Judge Sean F Cox. Disposition: No Settlement (JHer)
January 21, 2011 Minute Entry - Bench Trial held on 1/21/2011 before District Judge Patrick J Duggan. Disposition: Continued to 1/24/11 at 9:30 a.m.(Court Reporter Jodi Matthews) (MOre)
January 20, 2011 Minute Entry - Bench Trial held on 1/20/2011 before District Judge Patrick J Duggan. Disposition: Continued to 1/21/11 at 9:30 a.m.(Court Reporter Jodi Matthews) (MOre)
January 19, 2011 Filing 51 MOTION in Limine Supplemental Filing to Exclude Plaintiff's Expert Witness by Comerica Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1a, # 3 Exhibit 1b, # 4 Exhibit 1c) (White, Boyd) Modified on 1/20/2011 (PMil).[DOCUMENT TITLED DEFENDANT'S SUPPLEMENTAL FILING TO THEIR MOTION IN LIMINE TO EXCLUDE PLAINITFF'S EXPERT WITNESS]
January 19, 2011 Filing 50 TRIAL BRIEF by Experi-Metal Inc (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1) (Tomlinson, Richard)
January 19, 2011 Filing 49 TRIAL BRIEF by Comerica Bank (Holleman, Todd)
January 19, 2011 Minute Entry - Bench Trial held on 1/19/2011 before District Judge Patrick J Duggan. Disposition: Continued to 1/20/11 at 9:30 a.m.(Court Reporter Jodi Matthews) (MOre)
January 18, 2011 Opinion or Order Filing 48 JOINT FINAL PRETRIAL ORDER Signed by District Judge Patrick J Duggan. (MOre)
January 18, 2011 Filing 47 MOTION in Limine and Memorandum in Support of Motion by Comerica Bank. (Attachments: # 1 Index of Exhibits Exhibit List, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (White, Boyd)
January 18, 2011 Filing 46 NOTICE of Appearance by Boyd White, III on behalf of Comerica Bank. (White, Boyd)
January 18, 2011 Filing 45 MOTION in Limine REGARDING PRESENTATION OF EVIDENCE AT TRIAL by Comerica Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. Opinion and order Denying Defendants Motion for Summary Judgment, # 3 Exhibit B. Mark Goldman v. Radioshack Corporation 2005 WL 1155751 (E.D.Pa.), # 4 Exhibit C. Latino Food Marketers, LLC v. Ole Mexican Foods, Inc. 2004 WL 632872 (W.D.Wis.), # 5 Exhibit D. Erasmo Reyes v. Texas Ezpawn, L.P. 2007 WL 3143315 (S.D.Tex.)) (Holleman, Todd)
January 18, 2011 Minute Entry - Final Pretrial Conference held on 1/18/2011 before District Judge Patrick J Duggan. (MOre)
January 13, 2011 Opinion or Order TEXT-ONLY ORDER GRANTING re 44 MOTION to Withdraw 41 MOTION to Quash Supboena of Daniel McCarty filed by Comerica Bank. Signed by District Judge Patrick J Duggan. (MOre)
December 8, 2010 Filing 44 MOTION to Withdraw 41 MOTION to Quash Supboena of Daniel McCarty by Comerica Bank. (Kapalla, Lara)
December 8, 2010 Opinion or Order Filing 43 ORDER ESTABLISHING TRIAL DOCKET FOR JANUARY/FEBRUARY, 2011. Signed by District Judge Patrick J Duggan. (MOre)
November 30, 2010 Opinion or Order Filing 42 ORDER REFERRING MOTION to Magistrate Judge Paul J Komives: 41 MOTION to Quash Supboena of Daniel McCarty filed by Comerica Bank. Signed by District Judge Patrick J Duggan. (MOre)
November 22, 2010 Filing 41 MOTION to Quash Supboena of Daniel McCarty by Comerica Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A. Declaration of D. McCarty, # 3 Exhibit B. November 16, 2010 letter to R. Tomlinson from L. Kapalla, # 4 Exhibit C. November 17, 2010 subpoena to D. McCarty, # 5 Exhibit D. November 18, 2010 letter from R. Tomlinson enclosing Subpoena to D. McCarty, # 6 Exhibit E. Proposed Order) (Holleman, Todd)
October 6, 2010 Opinion or Order Filing 40 STIPULATED ORDER RESOLVING DEFENDANT'S MOTION TO COMPEL. Signed by Magistrate Judge Paul J Komives. (EBut)
September 29, 2010 Filing 39 AMENDED 30 Witness List by Comerica Bank First Amendment (Kapalla, Lara)
September 21, 2010 Opinion or Order Filing 38 OPINION AND ORDER granting 27 Motion to Strike. Signed by District Judge Patrick J Duggan. (MOre)
September 20, 2010 Filing 37 NOTICE of hearing on 34 MOTION to Compel. Motion Hearing set for 10/13/2010 10:00 AM before Magistrate Judge Paul J Komives. (EBut)
September 8, 2010 Filing 36 RESPONSE to 34 MOTION to Compel filed by Experi-Metal Inc. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 09.07.10 letter from Plaintiff's counsel) (Tomlinson, Richard)
August 30, 2010 Opinion or Order Filing 35 ORDER REFERRING MOTION to Magistrate Judge Paul J Komives: 34 MOTION to Compel filed by Comerica Bank. Signed by District Judge Patrick J Duggan. (MOre)
August 30, 2010 Filing 34 MOTION to Compel by Comerica Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Comerica's Interrogatories, Requests for Production, and Requests for Admission, # 3 Exhibit B - Experi-Metal's Responses to Requests for Production, # 4 Exhibit C - July 15, 2010 Holleman letter, # 5 Exhibit D - July 23, 2010 Tomlinson letter, # 6 Exhibit E - March 4, 2009 Department of Justice letter, # 7 Exhibit F - Excerpts of Valiena Allison deposition, # 8 Exhibit G - Proposed Order) (Holleman, Todd)
August 24, 2010 Opinion or Order Filing 33 STIPULATED ORDER EXTENDING SCHEDULING ORDER: Discovery due by 11/1/2010 Dispositive Motion Cut-off set for 11/15/2010 Final Pretrial Conference set for 1/18/2011 02:45 PM, Trial set for January/February, 2011 before District Judge Patrick J Duggan Signed by District Judge Patrick J Duggan. (Refer to image for additional dates) (MOre)
August 10, 2010 Filing 32 NOTICE re 27 MOTION to Strike Plaintiff's Jury Demand, TO BE DECIDED WITHOUT ORAL ARGUMENT (MOre)
August 9, 2010 Filing 31 REPLY to Response re 27 MOTION to Strike Plaintiff's Jury Demand filed by Comerica Bank. (Kapalla, Lara)
August 6, 2010 Filing 30 Defendant Comerica Bank's WITNESS LIST by Comerica Bank (Holleman, Todd)
August 6, 2010 Filing 29 Plaintiff's WITNESS LIST by Experi-Metal Inc (Tomlinson, Richard)
August 2, 2010 Opinion or Order Filing 28 RESPONSE to 27 MOTION to Strike Plaintiff's Jury Demand filed by Experi-Metal Inc. (Tomlinson, Richard)
July 19, 2010 Opinion or Order Filing 27 MOTION to Strike Plaintiff's Jury Demand by Comerica Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Kapalla, Lara)
July 8, 2010 Opinion or Order Filing 26 OPINION AND ORDER denying 13 Motion for Summary Judgment. Signed by District Judge Patrick J Duggan. (MOre)
July 7, 2010 Opinion or Order Filing 25 SUPPLEMENTAL BRIEF re 24 Supplemental Brief, in Opposition filed by Experi-Metal Inc. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Affidavit of Valiena Allison, # 3 Exhibit Exhibit 8) (Tomlinson, Richard)
June 28, 2010 Opinion or Order Filing 24 SUPPLEMENTAL BRIEF re 13 Amended MOTION for Summary Judgment Supplemental Filing in Support of Motion for Summary Judgment filed by Comerica Bank. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 13 - Comerica NetVision Implementation Worksheet, # 3 Exhibit 13a - Declaration of Anne R. Goldman) (Holleman, Todd)
June 23, 2010 Opinion or Order Minute Entry - Motion Hearing held on 6/23/2010 re 13 Amended MOTION for Summary Judgment filed by Comerica Bank before District Judge Patrick J Duggan. Disposition: Taken Under Advisement(Court Reporter Jodi Matthews) (MOre)
May 27, 2010 Opinion or Order Filing 23 NOTICE of hearing on 13 Amended MOTION for Summary Judgment. Motion Hearing set for 6/23/2010 02:00 PM before District Judge Patrick J Duggan. (MOre)
May 18, 2010 Opinion or Order Filing 22 DECLARATION by Timothy Haber, Denise Ling and Terry Ennis re 13 Amended MOTION for Summary Judgment to Authenticate Documents Submitted in Support of Comerica Bank's Motion for Summary Judgment filed by Comerica Bank (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 10 - Declaration of Timothy Haber, # 3 Exhibit 11 - Declaration of Denise Ling, # 4 Exhibit 12 - Declaration of Terry Ennis) (Holleman, Todd)
May 7, 2010 Opinion or Order Filing 21 ORDER granting 18 Motion for Leave to File Excess Pages. Signed by District Judge Patrick J Duggan. (MOre)
May 6, 2010 Opinion or Order Filing 20 EXHIBIT 9B re 19 Reply to Response to Motion, by Comerica Bank (Attachments: # 1 Exhibit 9B-pg 1 April 2008 Letter, # 2 Exhibit 9B-pg 2 April 2008 Letter, # 3 Exhibit 9B-pg 3 April 2008 letter) (Kapalla, Lara)
May 6, 2010 Opinion or Order Filing 19 REPLY to Response re 13 Amended MOTION for Summary Judgment filed by Comerica Bank. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 6A-Phone records, # 3 Exhibit 9-Nosanchuk Declaration, # 4 Exhibit 9A-Records of Experi-Metal's Training, # 5 Exhibit 10-Letter re Name Change, # 6 Exhibit 11-Excerpt of 2008 Experi-Metal Activity on TM Connect Web, # 7 Exhibit 12-NetVision User Guide) (Kapalla, Lara)
May 6, 2010 Opinion or Order Filing 18 MOTION for Leave to File Excess Pages for Its Reply brief Supporting Its Summary Judgment Motion by Comerica Bank. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A - Todd Holleman letter) (Kapalla, Lara)
April 26, 2010 Opinion or Order Filing 17 RESPONSE to 13 Amended MOTION for Summary Judgment filed by Experi-Metal Inc. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Affidavit of Valiena Allison, # 3 Exhibit Declaration of Lance James, # 4 Exhibit Wire Transfer Authorization, # 5 Exhibit Affidavit of Keith Maslowski, # 6 Exhibit Comerica Emails to Experi-Metal, # 7 Exhibit Unsolicited Email from Comerica) (Tomlinson, Richard)
April 20, 2010 Opinion or Order Filing 16 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Comerica Bank identifying Corporate Parent Comerica Incorporated for Comerica Bank. (Kapalla, Lara)
April 20, 2010 Opinion or Order Filing 15 STIPULATION AND ORDER for Substitution of Defendant. Signed by District Judge Patrick J Duggan. (BSoc)
April 19, 2010 Opinion or Order Filing 14 RESPONSE to 12 MOTION to Amend/Correct Complaint filed by Comerica Bank. (Attachments: # 1 Exhibit A - Correspondence to opposing counsel with proposed stipulation and order, # 2 Exhibit B - Wire Transfer Agreement) (Holleman, Todd)
April 5, 2010 Opinion or Order Filing 13 Amended MOTION for Summary Judgment by Comerica Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Treasury Management Services Agreement for Comerica NetVision Wire Transfer, # 3 Exhibit 2 - Debra S. Nosanchuk Affidavit, # 4 Exhibit 3 - Claudia Cassa email warning, # 5 Exhibit 4 - FTC phishing advisory 2006 consumer Alert, # 6 Exhibit 5 - Catherine A. Davis Affidavit, # 7 Exhibit 6 - Denise Ling Affidavit, # 8 Exhibit 7 - Centre-Pointe case, # 9 Exhibit 8 - 12-1-2007 Wire Transfer Authorization and Security Procedure with No Call Back) (Holleman, Todd)
April 2, 2010 Opinion or Order Filing 12 MOTION to Amend/Correct Complaint by Experi-Metal Inc. (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit Complaint, # 3 Exhibit Notice of Removal, # 4 Exhibit Statement of Disclosure, # 5 Exhibit Letter of 3.24.10, # 6 Exhibit Treasury Management Services Agreement, # 7 Exhibit Notice of Scheduling Conference and Scheduling Order, # 8 Exhibit First Amended Complaint) (Tomlinson, Richard)
April 2, 2010 Opinion or Order Filing 11 NOTICE REGARDING MOTION PRACTICE (MOre)
April 2, 2010 Opinion or Order Filing 10 MOTION for Summary Judgment by Comerica Bank. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Treasury Management Services Agreement for Comerica NetVision Wire Transfer, # 3 Exhibit Debra S. Nosanchuk Affidavit, # 4 Exhibit TM Connect Web User Guide, # 5 Exhibit Treasury Management Services Master Agreement, # 6 Exhibit Claudia Cassa email warning, # 7 Exhibit FTC phishing advisory 2006 consumer Alert, # 8 Exhibit Catherine A. Davis Affidavit, # 9 Exhibit Denise Ling Affidavit, # 10 Exhibit Centre-Pointe case, # 11 Exhibit 12-1-2007 Wire Transfer Authorization and Security Procedure With No Call Back) (Holleman, Todd)
March 15, 2010 Opinion or Order Filing 9 SUBSTITUTION OF ATTORNEYS, CONSENT TO SUBSTITUTION AND ORDER FOR SUBSTITUTION, Attorney Todd A. Holleman for Comerica Bank added. Attorney David F. Wells terminated. Signed by District Judge Patrick J Duggan. (PMil) Modified on 3/16/2010 (PMil).
March 15, 2010 Opinion or Order Filing 8 NOTICE of Appearance by Lara L. Kapalla on behalf of Comerica Bank. (Kapalla, Lara)
March 15, 2010 Opinion or Order Filing 7 NOTICE of Appearance by Todd A. Holleman on behalf of Comerica Bank. (Holleman, Todd)
January 13, 2010 Opinion or Order Filing 6 SCHEDULING ORDER: Dispositive Motion Cut-off set for 9/15/2009 Discovery due by 9/1/2010 Final Pretrial Conference set for 11/16/2010 02:00 PM, Trial set for November/December, 2010 before District Judge Patrick J Duggan Signed by District Judge Patrick J Duggan. (Refer to image for additional dates) (MOre)
January 13, 2010 Opinion or Order Filing 5 NOTICE of Appearance by David F. Wells on behalf of Comerica Bank. (Wells, David)
January 13, 2010 Opinion or Order Minute Entry - Scheduling Conference held on 1/13/2010 before District Judge Patrick J Duggan. (MOre)
December 23, 2009 Opinion or Order Filing 4 NOTICE TO APPEAR: Scheduling Conference set for 1/13/2010 03:15 PM before District Judge Patrick J Duggan (MOre)
December 23, 2009 Opinion or Order Filing 3 ANSWER to Complaint with Affirmative Defenses by Comerica Bank. (Stancato, Henry)
December 18, 2009 Opinion or Order Filing 2 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Comerica Bank (Stancato, Henry)
December 18, 2009 Opinion or Order A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (NHol)
December 17, 2009 Opinion or Order Filing 1 NOTICE OF REMOVAL by Comerica Bank from Macomb County Circuit Court, case number 09-5138-CZ. Receipt No: 06450000000002276096 - Fee: $ 350 [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Exhibit Complaint and Jury Demand from State Court Case) (Stancato, Henry)

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Plaintiff: Experi-Metal Inc
Represented By: Richard B. Tomlinson
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Defendant: Comerica Bank
Represented By: David F. Wells
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