O'BRIEN v. FIFTH THIRD MORTGAGE COMPANY
Plaintiff: JOHN O'BRIEN
Defendant: FIFTH THIRD MORTGAGE COMPANY
Case Number: 2:2014cv04776
Filed: August 14, 2014
Court: US District Court for the Eastern District of Pennsylvania
Office: Philadelphia Office
County: Chester
Presiding Judge: C DARNELL JONES
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 14, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 14, 2015 Opinion or Order Filing 41 ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED FOR THE REASONS SET FORTH HEREIN. THIS CASE IS HEREBY DISMISSED WITH PREJUDICE. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE FOR STATISTICAL AND ALL PURPOSES. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/13/15. 5/15/15 ENTERED AND COPIES E-MAILED.(mbh, )
May 14, 2015 Filing 40 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/13/15. 5/15/15 ENTERED AND COPIES E-MAILED.(mbh, )
February 26, 2015 Filing 39 Defendant's Reply Brief in Support of its Motion for Summary Judgment and to Remove from Arbitration. (mbh, )
February 26, 2015 Opinion or Order Filing 38 ORDER THAT DEFENDANT'S MOTION TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND TO REMOVE FROM ARBITRATION IS GRANTED. THE REPLY BRIEF ATTACHED TO DEFENDANT'S MOTION AS EXHIBIT "A" IS DEEMED FILED WITH THE COURT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/25/15. 2/26/15 ENTERED AND COPIES E-MAILED.(mbh, )
February 23, 2015 Filing 37 MOTION for Leave to File filed by FIFTH THIRD MORTGAGE COMPANY.Memorandum, Certificate of Service. (Attachments: #1 Memorandum Regarding Need to File Reply Brief in Support of Motion for Summary Judgment and to Remove from Arbitration, #2 Exhibit Defendant's Reply Brief in Support of Its Motion for Summary Judgment and to Remove from Arbitration, #3 Text of Proposed Order, #4 Certificate of Service)(THOMAS BATISTA, KATHARINE)
February 23, 2015 Filing 36 Defendant's Response to Plaintiff's Counterstatement of Material Fact and Certificate of Service re #28 MOTION for Summary Judgment and to Remove from or Stay Arbitration filed by FIFTH THIRD MORTGAGE COMPANY. (THOMAS BATISTA, KATHARINE) Modified on 2/24/2015 (fb).
February 17, 2015 Filing 35 Cancellation of Arbitration Hearing Until Further Notice(jwl, )
February 16, 2015 Filing 34 RESPONSE in Opposition re #28 MOTION for Summary Judgment and to Remove from or Stay Arbitration filed by JOHN O'BRIEN. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service, #3 Response to Statement of Facts, #4 Counter-Statement of Facts, #5 Brief, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D, #10 Exhibit E, #11 Exhibit F, #12 Exhibit G, #13 Exhibit H, #14 Exhibit I, #15 Exhibit J, #16 Exhibit K, #17 Exhibit L, #18 Exhibit M, #19 Exhibit N, #20 Exhibit O, #21 Exhibit P-1, #22 Exhibit P-2)(KILGARRIFF, KELLE)
February 13, 2015 Opinion or Order Filing 33 ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND TO REMOVE FROM OR STAY ARBITRATION IS GRANTED AND THE 2/18/15 ARBITRATION IS STAYED PENDING FURTHER ORDER OF THE COURT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/12/15.2/13/15 ENTERED AND COPIES E-MAILED.(mbh, )
February 11, 2015 Filing 32 RESPONSE to Motion re #28 MOTION for Summary Judgment and to Remove from or Stay Arbitration filed by JOHN O'BRIEN. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(KILGARRIFF, KELLE)
February 10, 2015 Opinion or Order Filing 31 ORDER THAT PLAINTIFFS MOTION IS DENIED IN PART AS MOOT WITH RESPECT TO PLAINTIFFS INTERROGATORY NOS. 1, 4. 5 & 6 AND RFP NOS. 1 TO 3, 6 TO 9 AND 14 TO 20 AND PLAINTIFFS MOTION IS DENIED IN PART WITH RESPECT TO PLAINTIFFS RFP NOS. 11, 12 AND 13. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 2/10/15. 2/10/15 ENTERED AND COPIES EMAILED.(rf, )
February 6, 2015 Opinion or Order Filing 30 ORDER THAT PLAINTIFF SHALL RESPOND TO DEFENDANT'S MOTION TO STAY ARBITRATION (RE: DOC. NO. #28 ), BY 2/11/2015, ETC. SIGNED BY HONORABLE C. DARNELL JONES, II ON 2/6/2015. 2/9/2015 ENTERED AND COPIES E-MAILED.(amas)
February 6, 2015 Filing 29 Minute Entry for proceedings held before MAGISTRATE JUDGE LYNNE A. SITARSKI Motion Hearing held on 2/6/2015 re #22 MOTION to Compel filed by JOHN O'BRIEN Court Reporter: ESR. (amas)
February 2, 2015 Filing 28 MOTION for Summary Judgment and to Remove from or Stay Arbitration filed by FIFTH THIRD MORTGAGE COMPANY.Brief, Certificate of Service. (Attachments: #1 Brief Brief in Support of Motion for Summary Judgment, #2 Statement of Undisputed Material Facts, #3 Text of Proposed Order Order, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G, #11 Exhibit H, #12 Exhibit I, #13 Exhibit J, #14 Exhibit K, #15 Exhibit L)(THOMAS BATISTA, KATHARINE)
February 2, 2015 Opinion or Order Filing 27 ORDER THAT HEARING ON PLFF'S MOTION TO STRIKE OBJECTIONS & COMPEL RESPONSES TO INTERROGATORIES & REQUESTS FOR PRODUCTION IN THE ABOVE-CAPTIONED CASE WILL BE HELD ON 2/6/2015 AT 10:00 A.M., BEFORE HONORABLE LYNNE A. SITARSKI, U.S. MAGISTRATE JUDGE, IN COURTROOM 3-E, ETC. SIGNED BY MAGISTRATE JUDGE LYNNE A. SITARSKI ON 1/30/15. 2/2/15 ENTERED AND COPIES E-MAILED.(kw, )
January 27, 2015 Filing 26 REPLY to Response to Motion re #22 MOTION to Compel Responses filed by JOHN O'BRIEN. (Attachments: #1 Exhibit, #2 Certificate of Service)(KILGARRIFF, KELLE)
January 20, 2015 Filing 25 RESPONSE in Opposition re #22 MOTION to Compel filed by FIFTH THIRD MORTGAGE COMPANY. (THOMAS BATISTA, KATHARINE)
January 12, 2015 Opinion or Order Filing 24 ORDER THAT PLFF'S MOTION TO STRIKE OBJECTIONS & COMPEL RESPONSES (DKT. NO. 22), IS HEREBY REFERRED TO THE HONORABLE LYNNE A. SITARSKI FOR DISPOSITION PURSUANT TO 28 U.S.C. SEC. 636(b)(1)(A). SIGNED BY HONORABLE C. DARNELL JONES, II ON 1/12/15. 1/13/15 ENTERED AND COPIES E-MAILED.(kw, )
January 12, 2015 Filing 23 NOTICE of Hearing: ARBITRATION HEARING RESCHEDULED FOR 2/18/2015 09:30 AM IN Philadelphia.(jwl, )
January 2, 2015 Filing 22 MOTION to Compel filed by JOHN O'BRIEN.Brief, Certification of Good Faith, Certificate of Service. (Attachments: #1 Brief, #2 Certificate of Service)(KILGARRIFF, KELLE)
December 24, 2014 Opinion or Order Filing 21 ORDER REFERRING CASE TO ARBITRATION AND APPOINTING THEODORE B. WEISS, GEORGE T. MCCOOL, JR., AND CHRISTOPHER J. EVARTS AS ARBITRATORS.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 12/23/14. 12/24/14 ENTERED AND COPIES E-MAILED.(jwl, )
December 12, 2014 Opinion or Order Filing 20 ORDER THAT THE DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME FOR DISCOVERY AND ARBITRATION (DKT. NO. #19 ) IS GRANTED. THE DISCOVERY DEADLINE SHALL BE EXTENDED TO JANUARY 16TH 2015. THE ARBITRATION HEARING SCHEDULED FOR JANUARY 22, 2015, (DKT NO. #8 ), IS CANCELLED. THE PARTIES SHALL RESCHEDULE THE ARBITRATION HEARING WITH THE OFFICE FOR THE CLERK OF COURT FOR A DATE ON OR ABOUT FEBRUARY 20, 2015. SIGNED BY HONORABLE C. DARNELL JONES, II ON 12/12/14. 12/12/14 ENTERED AND COPIES E-MAILED. (va, )
December 11, 2014 Filing 19 MOTION for Extension of Time to Complete Discovery Unopposed filed by FIFTH THIRD MORTGAGE COMPANY.Certificate of Service.(THOMAS BATISTA, KATHARINE)
December 11, 2014 Opinion or Order Filing 18 ORDER THAT DEFENDANT'S MOTION TO REMOVE MATTER FROM ARBITRATION IS DENIED WITHOUT PREJUDICE. SIGNED BY HONORABLE C. DARNELL JONES, II ON 12/11/14.12/11/14 ENTERED AND COPIES E-MAILED.(mbh, )
December 11, 2014 Opinion or Order Filing 17 ORDER THAT DEFENDANT'S SEPTEMBER 11, 2014 MOTION IS DISMISSED AS MOOT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 12/11/14. 12/11/14 ENTERED AND COPIES E-MAILED.(mbh, )
December 2, 2014 Filing 16 Motion to Remove Matter from Arbitration , Certificate of Service by FIFTH THIRD MORTGAGE COMPANY. (Attachments: #1 Text of Proposed Order)(THOMAS BATISTA, KATHARINE) Modified on 12/3/2014 (fb).
November 21, 2014 Opinion or Order Filing 15 ORDER THAT DEFENDANT'S MOTION TO FILE A REPLY BRIEF IS DENIED AS MOOT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/20/14. 11/24/14 ENTERED AND COPIES E-MAILED.(mbh, )
November 17, 2014 Opinion or Order Filing 14 ORDER THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS AND TO STAY ARBITRATION AND DISCOVERY IS DENIED. THIS CASE REMAINS REFERRED FOR AN ARBITRATION HEARING SCHEDULED ON 1/22/15 AT 9:30 AM. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/13/14. 11/17/14 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )
November 17, 2014 Filing 13 Memorandum Regarding Request To File Reply Brief In Support of Motion For Judgment On The Pleadings re #9 MOTION for Judgment on the Pleadings and to Stay Arbitration and Discovery filed by FIFTH THIRD MORTGAGE COMPANY. (Attachments: #1 Exhibit A - Defendant's Proposed Reply in Support of Motion for Judgment on the Pleadings, #2 Certificate of Service)(THOMAS BATISTA, KATHARINE)
November 10, 2014 Filing 12 RESPONSE in Opposition re #9 MOTION for Judgment on the Pleadings and to Stay Arbitration and Discovery filed by JOHN O'BRIEN. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Exhibit, #4 Certificate of Service)(KILGARRIFF, KELLE)
November 5, 2014 Opinion or Order Filing 11 ORDER THAT THE APPLICATION OF SCOTT A. CARROLL, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/5/14. 11/6/14 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, )
November 4, 2014 Filing 10 Amended MOTION for Pro Hac Vice of Scott A. Carroll filed by FIFTH THIRD MORTGAGE COMPANY.Declaration, Certificate of Counsel, Certificate of Service.(THOMAS BATISTA, KATHARINE)
October 27, 2014 Filing 9 MOTION for Judgment on the Pleadings and to Stay Arbitration and Discovery filed by FIFTH THIRD MORTGAGE COMPANY.Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum of Law In Support of Its Motion For Judgment on the Pleadings and to Stay Arbitration and Discovery, #3 Certificate of Service)(THOMAS BATISTA, KATHARINE)
October 2, 2014 Filing 8 NOTICE of Hearing: ARBITRATION HEARING SET FOR 1/22/2015 09:30 AM IN Philadelphia.(jwl, )
September 26, 2014 Filing 7 ANSWER to #1 Complaint and Affirmative Defenses by FIFTH THIRD MORTGAGE COMPANY.(THOMAS BATISTA, KATHARINE)
September 19, 2014 Filing 6 Disclosure Statement Form pursuant to FRCP 7.1 including Fifth Third Financial Corporation and Fifth Third Bancorp with Certificate of Service by FIFTH THIRD MORTGAGE COMPANY.(THOMAS BATISTA, KATHARINE)
September 12, 2014 Filing 5 MOTION for Pro Hac Vice for Scott A. Carroll filed by FIFTH THIRD MORTGAGE COMPANY.Declaration, Certificate of Counsel, Certificate of Service.(THOMAS BATISTA, KATHARINE)(FILING FEE PAID $40 RECEIPT NO107687) Modified on 9/12/2014 (kp, ).
September 11, 2014 Filing 4 NOTICE of Appearance by KATHARINE THOMAS BATISTA on behalf of FIFTH THIRD MORTGAGE COMPANY with Certificate of Service(THOMAS BATISTA, KATHARINE)
August 28, 2014 Filing 3 SUMMONS Returned Executed by JOHN O'BRIEN re: Richard Kreitzer served Summons and Complaint upon FIFTH THIRD MORTGAGE COMPANY by Personal. FIFTH THIRD MORTGAGE COMPANY served on 8/22/2014, answer due 9/12/2014. (CURLEY, CHARLES)
August 26, 2014 Filing 2 Praecipe for entry of Appearance by KELLE A. KILGARRIFF on behalf of JOHN O'BRIEN with Certificate of Service (Attachments: #1 Certificate of Service)(KILGARRIFF, KELLE) Modified on 9/8/2014 (lvj, ).
August 14, 2014 Filing 1 COMPLAINT against FIFTH THIRD MORTGAGE COMPANY ( Filing fee $ 400 receipt number 106118.), filed by JOHN O'BRIEN. (Attachments: #1 Case Management Track Form, #2 Civil Cover Sheet, #3 Designation Form, #4 Exhibit)(jwl, )
August 14, 2014 Summons Issued as to FIFTH THIRD MORTGAGE COMPANY. One Forwarded To: Counsel on 8/14/14 (jwl, )
August 14, 2014 Case Eligible for Arbitration(jwl, )
August 14, 2014 DEMAND for Trial by Jury by JOHN O'BRIEN. (jwl, )

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Plaintiff: JOHN O'BRIEN
Represented By: CHARLES V. CURLEY
Represented By: KELLE A. KILGARRIFF
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Defendant: FIFTH THIRD MORTGAGE COMPANY
Represented By: SCOTT A. CARROLL
Represented By: KATHARINE THOMAS BATISTA
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