Estate of Russel Mechling v. U.S. Bank National Association
| THE ESTATE OF RUSSELL MECHLING, BY ITS EXECUTOR ELLEN ULMER and Estate of Russel Mechling |
| U.S. BANK NATIONAL ASSOCIATION and John Doe |
| 3:2023cv00025 |
| January 6, 2023 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Robert M Spector |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1332 Diversity-Fraud |
| None |
Docket Report
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Filing 29
Memorandum in Opposition re #24 MOTION to Dismiss filed by Estate of Russel Mechling. (Attachments: #1 Exhibit 1 -- Policy No. 97522310, #2 Exhibit 2 -- Policy No. 97522605, #3 Exhibit 3 -- Sample Wire Transaction Reports, #4 Exhibit 4 -- Affidavit of Christopher Nuxoll, #5 Exhibit 5 -- Complaint (and exhibit 1 thereto) in USB v. PHL, #6 Exhibit 6 -- Check for death benefits from PHL, #7 Exhibit 7 -- The Estate's Complaint in the Ohio Action, #8 Exhibit 8 -- U.S. Bank's answer in Ohio state court, #9 Exhibit 9 -- U.S. Bank's Motion for Summary Judgment, #10 Exhibit 10 -- Interrogatories and Document Requests, #11 Exhibit 11 -- Deposition Notice, #12 Exhibit 12 -- Email Correspondence re Rule 26(F) conference report, #13 Exhibit 13 -- U.S. Bank's Motion for a Protective Order.pdf, #14 Exhibit 14 -- Correspondence re Deposition, #15 Exhibit 15 -- Subpoenas, #16 Exhibit 16 -- Garrett v. ITM TwentyFirst (N.D. Cal.), #17 Exhibit 17 -- Garrett Estate's Opposition in D.Conn (excerpted), #18 Exhibit 18 -- U.S. Bank's California Complaint, #19 Exhibit 19 -- U.S. Bank's South Dakota Complaint, #20 Exhibit 20 -- US Bank's California MTD, #21 Exhibit 21 -- US Bank's S.D. MTD, #22 Exhibit 22 -- Order of California court, #23 Exhibit 23 -- USB's Opposition to Motion for Stay in California)(Bleich, Matthew)
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Filing 28
NOTICE of Appearance by Matthew Bleich on behalf of Estate of Russel Mechling (Bleich, Matthew)
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Filing 27
REPLY to Response to #10 Emergency MOTION to Compel Defendant, U.S. Bank to Identify John Doe filed by Estate of Russel Mechling. (Attachments: #1 Exhibit U.S. Bank's Motion for Summary Judgment, #2 Exhibit The Estate's Petition for Pre-Complaint Discovery, #3 Exhibit U.S. Bank's Answer to the Estate's Petition for Pre-Complaint Discovery, #4 Exhibit U.S. Bank's Motion for Summary Judgment, #5 Exhibit The Estate's Interrogatories and Document Requests, #6 Exhibit The Estate's Deposition Notice, #7 Exhibit Email Correspondence re Rule 26(F) Conference Report, #8 Exhibit U.S. Bank's Motion for a Protective Order, #9 Exhibit Correspondence re Deposition, #10 Exhibit Pressma Docket)(Bleich, Matthew)
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Filing 26
Memorandum in Opposition re #10 Emergency MOTION to Compel Defendant, U.S. Bank to Identify John Doe filed by U.S. Bank National Association. (Cryan, Michael)
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Filing 25
Memorandum in Support re #24 MOTION to Dismiss filed by U.S. Bank National Association. (Attachments: #1 Exhibit A - Ohio Action Complaint, #2 Exhibit B - Ohio Action Answer, #3 Exhibit C - Ohio Action Answer to Counterclaims)(Cryan, Michael)
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Filing 24
MOTION to Dismiss by U.S. Bank National Association.Responses due by 3/1/2023 (Cryan, Michael)
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Filing 23
Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association. (Cryan, Michael)
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Filing 22
NOTICE of Appearance by David James Ward on behalf of U.S. Bank National Association (Ward, David)
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Filing 21
TRANSCRIPT of Proceedings: Type of Hearing: Telephone Conference. Held on 1/24/2023 before Judge Victor A. Bolden. Court Reporter: Sharon Montini. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 2/21/2023. Redacted Transcript Deadline set for 3/3/2023. Release of Transcript Restriction set for 5/1/2023. (Montini, S.)
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Filing 20
NOTICE of Appearance by Holly G. Rogers on behalf of Estate of Russel Mechling Notice of Appearance of Matthew Bleich (pro hac vice) (Rogers, Holly)
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Filing 19
ORDER. Having heard the respective positions of both parties, at this time the Court sees no reason to shorten the time frame for a responsive pleading by Defendant, or expedite the briefing schedule for the pending motion to compel. Signed by Judge Victor A. Bolden on 1/24/2023.(Bartlett, H)
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Filing 18
Minute Entry for proceedings held before Judge Victor A. Bolden: Hearing held on 1/24/2023. Total Time: 0 hours and 12 minutes(Court Reporter Sharon Montini.) (Bartlett, H)
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Filing 17
NOTICE by U.S. Bank National Association re 13 Order,, (LETTER to Court re the January 24 Hearing) (Cryan, Michael)
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Filing 16
NOTICE of Appearance by Michael S. Cryan on behalf of U.S. Bank National Association (Cryan, Michael)
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Filing 15
ORDER granting #14 Motion to Appear Pro Hac Vice for Matthew Bleich, Esq. Signed by Clerk on 1/24/2023. (Imbriani, Susan)
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Filing 14
MOTION for Attorney(s) Matthew Bleich to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-7208063) by Estate of Russel Mechling. (Rogers, Holly)
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Filing 13
ORDER. The Court will hold a Zoom hearing on Plaintiff's emergency motion to compel, ECF No. 10, on January 24, 2023 at 2:00 pm. Because there has been no appearance on behalf of the Defendant, counsel for Plaintiff is required to notify any known counsel about this scheduled proceeding and the corresponding Zoom information. See Dietz v. Bouldin, 579 U.S. 40, 47 (2016) ("[D]istrict courts have the inherent authority to manage their dockets and courtrooms with a view toward the efficient and expedient resolution of cases."). Signed by Judge Victor A. Bolden on 1/21/2023.(Bartlett, H)
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Filing 12
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Zoom Motion Hearing on Emergency Motion to Compel, ECF No. 10, set for 1/24/2023 at 2:00 PM before Judge Victor A. Bolden (Bartlett, H)
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NOTICE regarding hearing via Zoom: The Motion Hearing scheduled for 1/24/2023 at 2:00 p.m. will be conducted via Zoom. The public can access the proceedings by video at https://www.zoomgov.com/j/1601605517?pwd=SXZ1dkt5UnF6ZHFyMDZ6Mit3ZkZSZz09 or by phone at 1 646 828 7666.Meeting ID: 160 160 5517 Meeting Password: 656714Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Bartlett, H)
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Filing 11
Memorandum in Support re #10 Emergency MOTION to Compel Defendant, U.S. Bank to Identify John Doe filed by Estate of Russel Mechling. (Attachments: #1 Exhibit A - Order)(Rogers, Holly)
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Filing 10
Emergency MOTION to Compel Defendant, U.S. Bank to Identify John Doe by Estate of Russel Mechling.Responses due by 2/10/2023 (Rogers, Holly)
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Answer deadline updated for U.S. Bank National Association to 2/1/2023. (Imbriani, Susan)
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Filing 9
AFFIDAVIT of Service for Affidavit of Service served on U.S. Bank National Association on 01/11/2023, filed by Estate of Russel Mechling. (Rogers, Holly)
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Filing 8
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *John Doe* with answer to complaint due within *21* days. Attorney *Holly G. Rogers* *Melick & Porter, LLP* *900 Main Street South, Ste 201* *Southbury, CT 06488*. (Imbriani, Susan)
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Request for Clerk to issue summons as to John Doe. John Doe, c/o U.S. Bank National Association as agent, 425 Walnut St., Cincinnati, OH 45202 (Rogers, Holly)
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Filing 7
ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *U.S. Bank National Association* with answer to complaint due within *21* days. Attorney *Holly G. Rogers* *Melick & Porter, LLP* *900 Main Street South, Ste 201* *Southbury, CT 06488*. (Imbriani, Susan)
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Filing 6
NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #4 Electronic Filing Order, #3 Order on Pretrial Deadlines, 2 Notice re: Disclosure Statement,, #5 Standing Protective Order, #1 Complaint, filed by Estate of Russel Mechling Signed by Clerk on 1/9/2023.(Imbriani, Susan)
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 1/6/2023.(Imbriani, Susan)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 1/6/2023.(Imbriani, Susan)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 3/7/2023; Discovery due by 7/8/2023; Dispositive Motions due by 8/12/2023. Signed by Clerk on 1/6/2023.(Imbriani, Susan)
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Filing 2
Notice: Pursuant to Federal Rule of Civil Procedure 7.1 and Local Rule 7.1, any nongovernmental corporate party must electronically file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. Such disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 1/6/2023.(Anastasio, F.)
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Judge Victor A. Bolden and Judge Robert M. Spector added. (Oliver, T.)
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Filing 1
COMPLAINT against U.S. Bank National Association, John Doe ( Filing fee $402 receipt number ACTDC-7190574.), filed by Estate of Russel Mechling. (Attachments: #1 Civil Cover Sheet)(Rogers, Holly) Modified on 1/9/2023 to correct parties (Anastasio, F.).
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Request for Clerk to issue summons as to U.S. BANK NATIONAL ASSOCIATION. (Rogers, Holly)
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