Fifth Third Bank v. Heiskell et al
| Fifth Third Bank |
| Heiskell, Justin S. Heiskell, Heiskell Properties LLC and Jennifer Heiskell |
| Thomas H. Fluharty |
| 1:2015cv00065 |
| April 16, 2015 |
| US District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Monongalia |
| Michael John Aloi |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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Filing 44
ORDER; It is ADJUDGED, ORDERED AND DECREED that the Receiver disburse to Bernstein-Burkley, P.C. the sum of $665.00 and pay to Heiskell Properties LLC the sum of $ 145,899.36. Receiver is released from these proceedings, Report of Sale is approved and this civil action is dismissed with prejudice. Signed by Magistrate Judge Michael John Aloi on 3/16/2015. (copy counsel of record)(jmm)
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| Filing 43 Proposed Order by Thomas H. Fluharty. (Fluharty, Thomas) |
| Filing 42 Report of Sale Other Document re #41 Order on Motion for Miscellaneous Relief,,, filed by Thomas H. Fluharty. (Fluharty, Thomas) |
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Filing 41
ORDER APPROVING SALE OF A CAR WASH, FREE AND CLEAR OF LIENS AND ENCUMBRANCES, APPROVING FEES AND COSTS AND AUTHORIZING THE RECEIVER TO EXECUTE A DEED AND RELATED DOCUMENTS; GRANTS #37 MOTION for Order Approving Sale of a Car Wash, Free & Clear of Liens & Encumbrances, Approving Fees & Costs, & Authorizing the Receiver to Execute a Deed & Related Documents by Thomas H. Fluharty. Signed by Magistrate Judge Michael John Aloi on 12/30/2015. (Copy counsel of record)(jmm)
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| Filing 40 Proposed Order Approving Sale of a Car Wash, Free & Clear of Liens & Encumbrances, Approving Fees & Costs, and Authorizing the Receiver to Execute a Deed & Related Documents re #37 MOTION for Order Approving Sale of a Car Wash, Free & Clear of Liens & Encumbrances, Approving Fees & Costs, & Authorizing the Receiver to Execute a Deed & Related Documents by Thomas H. Fluharty. (Fluharty, Thomas) |
| Filing 39 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Magistrate Judge Michael John Aloi: Motion Hearing held on 12/21/2015 re #37 MOTION for Order Approving Sale of a Car Wash, Free & Clear of Liens & Encumbrances, Approving Fees & Costs, & Authorizing the Receiver to Execute a Deed & Related Documents filed by Thomas H. Fluharty. (Tape #FTR Gold CBG Aloi Fifth Third v Heiskell 1 15 cv 65 12 21 15.) (mh) |
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Filing 38
PAPERLESS ORDER: NOTICE OF HEARING as to #37 MOTION for Order Approving Sale of a Car Wash, Free & Clear of Liens & Encumbrances, Approving Fees & Costs, & Authorizing the Receiver to Execute a Deed & Related Documents . MOTION HEARING is set for Monday, December 21, 2015, at 10:00 AM in Clarksburg Magistrate Judge Courtroom, 3rd Floor before Magistrate Judge Michael John Aloi. Signed by Magistrate Judge Michael John Aloi on December 15, 2015. (cw)
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| Filing 37 MOTION for Order Approving Sale of a Car Wash, Free & Clear of Liens & Encumbrances, Approving Fees & Costs, & Authorizing the Receiver to Execute a Deed & Related Documents by Thomas H. Fluharty. (Fluharty, Thomas) |
| Filing 36 Case Reassigned to Magistrate Judge Michael Aloi per Order entered 10/1/2015 in 3:15-mc-29. Magistrate Judge John S. Kaull no longer assigned to the case. (rjs) |
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Filing 35
ORDER FOLLOWING STATUS CONFERENCE on September 14, 2015. The Court signed the Consent Judgment and ORDERED same filed in DE #34 and hereby CANCELS the bench trial scheduled for 9/16/2015. This case shall remain on the active docket of the Court until December 28, 2015 at which time it SHALL BE DISMISSED if there is no further activity by the parties between the date of the entry of this order and December 28, 2015. Signed by Magistrate Judge John S. Kaull on 9/15/2015. (Copy counsel of record)(jmm) Modified on 9/24/2015 to correct docket text.(cmd)
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| Filing 34 CONSENT JUDGMENT in favor of Fifth Third Bank against Heiskell Properties LLC, Jennifer Heiskell, Justin S. Heiskell in re #32 Stipulation. Signed by Magistrate Judge John S. Kaull on 9/14/2015. (Copy counsel of record)(jmm) Modified on 9/19/2015 to link to DE 32(jmm). |
| Filing 33 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Magistrate Judge John S. Kaull. Status Conference held on 9/14/2015. (Court Reporter FTR Gold cbg kaull fifth third bank v heiskell 1 15 cv 65 9 14 2015.) (dk) |
| Filing 32 STIPULATION of the Parties for Settlement, Security Agremeent, Power of the Receiver to Sell Receivership Assets and for the Entry of Judgment by Consent by Fifth Third Bank. (Riley, Arch) |
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Filing 31
PAPERLESS ORDER (Telephonic Status Conference set for 9/14/2015, 04:00 PM, before Magistrate Judge John S. Kaull. Counsel for all parties and Thomas Fluharty shall participate. Arch W. Riley, Jr., is directed to initiate the teleconference and connect the Court at 304-623-7177.) Signed by Magistrate Judge John S. Kaull on 9/10/2015. (cml)
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Filing 30
STIPULATED ORDER ENLARGING PLAINTIFF FIFTH THIRD BANK'S TIME FRAME TO FILE RULE 60(B)MOTION. It is ORDERED filing of Motion is enlarged until 7/20/2015. Court will establish new dates for response and motion hearing. Signed by Magistrate Judge John S. Kaull on 7/6/2015. (Copy counsel of record)(jmm) Modified on 7/6/2015 corrected Motion date NEF regenerated (jmm).
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| Filing 29 Proposed Stipulated Order Enlarging Time Frame to File Rule 60(b) Motion re #28 Order,, Set Motion, Evidentiary, R&R and Social Security Oral Argument Deadlines/Hearings,, Set Deadlines/Hearings, by Fifth Third Bank. (Riley, Arch) |
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Filing 28
ORDER. Motions due by 7/3/2015. Responses due by 7/14/2015. Motion Hearing set for 7/27/2015 11:00 AM in Clarksburg Magistrate Judge Courtroom, 3rd Floor before Magistrate Judge John S. Kaull. Bench Trial set for 9/16/2015 09:00 AM in Clarksburg Magistrate Judge Courtroom, 3rd Floor before Magistrate Judge John S. Kaull. Signed by Magistrate Judge John S. Kaull on 6/19/15. (mh)
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| Filing 27 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Magistrate Judge John S. Kaull: Scheduling Conference/Status Conference held on 6/19/2015. (Tape #FTR Gold CBG Kaull Fifth Third Bank v Heiskell et al 1 15 cv 65 6 19 15.) (mh) |
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Filing 26
ORDER; Court, hereby, SCHEDULES a telephonic status and scheduling conference for Friday, June 19, 2015, at 2:00 p.m. Counsel for Plaintiff is directed to initiate the conference call and connect the Court at 1-304-623-7177. Counsel for Plaintiff is further directed to connect appointed receiver Thomas Fluharty on the conference call. Signed by Magistrate Judge John S. Kaull on 6/10/2015. (Copy counsel of record)(jmm)
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Filing 25
ORDER APPOINTING RECEIVER; granting #11 Motion to Appoint Receiver. Thomas H. Fluharty is hereby appointed as Receiver. Signed by Magistrate Judge John S. Kaull on 6/10/2015. (copy counsel of record)(jmm)
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| Filing 24 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Magistrate Judge John S. Kaull: Motion Hearing held on 6/10/2015 re #11 Emergency MOTION to Appoint Receiver filed by Fifth Third Bank. (Tape #cbg kaull fifth third bank v heiskell properties llc 1 15 cv 65.) (jmm) |
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Filing 23
ORDER Referring Case with All Parties Consent to Jurisdiction by US Magistrate Judge; granting #21 Motion to Refer Case. Case reassigned to Magistrate Judge John S. Kaull for all further proceedings. Signed by District Judge Irene M. Keeley on 6/10/2015. (Copy counsel of record)(jmm)
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| Filing 22 NOTICE of Appearance by Jason E. Wingfield on behalf of All Defendants (Wingfield, Jason) |
| Filing 21 Proposed (consent) Order referring case to United States Magistrate Kaull by Fifth Third Bank. (Riley, Arch) Modified on 6/10/2015 changed to a motion (jmm). |
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Filing 20
ORDER; Motion Hearing set for 6/10/2015 10:00 AM in Clarksburg Magistrate Judge Courtroom, 3rd Floor before Magistrate Judge John S. Kaull, re #11 Emergency MOTION to Appoint Receiver filed by Fifth Third Bank. Defendants responses due by 6/9/2015. Signed by Magistrate Judge John S. Kaull on 6/5/2015. (copy counsel of record via CM/ECF) (jmm)
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Filing 19
ORDER FOLLOWING STATUS CONFERENCE. Signed by District Judge Irene M. Keeley on 6/5/2015. (jmm)
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Filing 18
ORDER OF REFERRAL: Court REFERS this action to the Honorable John S. Kaull, United States Magistrate Judge, who is hereby designated and authorized to consider the record and rule on the Emergency Motion to Appoint Receiver dkt. no. #11 , and any discovery request or subsequent non-dispositive pre-trial motions filed in the case including, without limitation, conducting a hearing on the motions, if necessary, and entering into the record an order or report and recommendation as to the appropriate disposition of the motions. Signed by District Judge Irene M. Keeley on 6/4/2015. (Copy JSK, counsel of record)(jmm)
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| Filing 17 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Irene M. Keeley. Status Conference held on 6/4/2015. (Court Reporter Linda Bachman) (dk) |
| Filing 16 NOTICE of Appearance by Arch W. Riley, Jr on behalf of Fifth Third Bank (Riley, Arch) |
| Filing 15 ANSWER to #1 Complaint, #6 Amended Complaint , ANSWER to #1 Complaint, #6 Amended Complaint by Jennifer Heiskell, Justin S. Heiskell, Heiskell Properties LLC.(Jecklin, David) |
| Filing 14 NOTICE of Appearance by David M. Jecklin on behalf of All Defendants (Jecklin, David) |
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Filing 13
ORDER SCHEDULING STATUS CONFERENCE for 6/4/2015 11:30 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Irene M. Keeley, for the purpose of scheduling a hearing on the emergency motion #11 . Signed by District Judge Irene M. Keeley on 5/28/2015. (Copy counsel of record, copy of order, DE #11 and DE #12 to defendants via certified mail)(jmm) (Additional attachment(s) added on 5/29/2015: #1 Certified Mail Return Receipt) (jmm).
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| Filing 12 Memorandum in Support re #11 Emergency MOTION to Appoint Receiver filed by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Burkley, Kirk) |
| Filing 11 Emergency MOTION to Appoint Receiver by Fifth Third Bank. (Attachments: #1 Proposed Order)(Burkley, Kirk) |
| Filing 10 SUMMONS Returned Executed as to Heiskell Properties LLC served on 5/16/2015. (Burkley, Kirk) |
| Filing 9 SUMMONS Returned Executed as to Jennifer Heiskell served on 4/25/2015. (Burkley, Kirk) |
| Filing 8 SUMMONS Returned Executed as to Justin S. Heiskell served on 4/25/2015. (Burkley, Kirk) |
| Filing 6 AMENDED COMPLAINT against Jennifer Heiskell, Justin S. Heiskell, filed by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Summons)(Burkley, Kirk) |
| Filing 5 Corporate Disclosure Statement by Fifth Third Bank. (Burkley, Kirk) |
| Filing 4 Verification Of Attorney Admission for Shawn P. McClure. (via CM/ECF) (jmm) |
| Filing 1 COMPLAINT against Jennifer Heiskell, Justin S. Heiskell, filed by Fifth Third Bank. (Attachments: #1 Exhibit A Fifth Third Bank Term Note, #2 Exhibit B Fifth Third Bank Continuing Guaranty Agreement, #3 Civil Cover Sheet) Filing Fee $ 400.00. Receipt #0424-1874911.(jmm) |
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