Fifth Third Bank, National Association v. 1st Choice Renovations And Construction, Inc. et al
| Fifth Third Bank, National Association |
| 1st Choice Renovations And Construction, Inc. and Gregory Lashon Allen |
| The 1 Educators, Inc. |
| 1:2022cv02625 |
| June 30, 2022 |
| US District Court for the Northern District of Georgia |
| Sarah E Geraghty |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on June 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #35 Order to District Judge Sarah E. Geraghty. (sap) |
Filing 35
ORDER TO SHOW CAUSE: The Court DIRECTS Defendants 1st Choice, 1 Educators, and Mr. Allen to SHOW CAUSE in writing by June 6, 2023, why they have failed to comply with the Court's order of March 10, 2023. See Local Rule 83.1 (E)(5), NDGA. The Clerk is DIRECTED to submit this matter to the undersigned on June 7, 2023. Signed by Judge Sarah E. Geraghty on 5/23/2023. (ane)
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| Clerk's Certificate of Mailing as to 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, The 1 Educators, Inc. re #35 Order to Show Cause. (ane) |
| Submission of #34 Order to District Judge Sarah E. Geraghty. (sap) |
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Filing 34
ORDER GRANTING #33 Motion to Withdraw as Attorney. Attorney Kiera L. Harvey terminated as counsel for Defendants 1st Choice Renovations and Construction, Inc., The 1 Educators, Inc., and Gregory Lashon Allen. The Court DIRECTS Defendant Allen to notify the Court in writing by April 3, 2023, whether he intends to proceed pro se or engage another attorney. New counsel for Defendants 1st Choice Renovations and Construction, Inc. and The 1 Educators, Inc. must file a notice of appearance by April 3, 2023. The Clerk is DIRECTED to mail this order to Defendants at the addresses listed in the order. The Clerk is further DIRECTED to submit this matter to the undersigned on April 4, 2023. Signed by Judge Sarah E. Geraghty on 3/10/2023. (ane)
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| Clerk's Certificate of Mailing as to 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, The 1 Educators, Inc. re #34 Order on Motion to Withdraw as Attorney. (ane) |
| Submission of #33 MOTION to Withdraw Kiera L. Harvey as Attorney to District Judge Sarah E. Geraghty. (sap) |
| Filing 33 MOTION to Withdraw Kiera L. Harvey as Attorneyby 1st Choice Renovations And Construction, Inc., 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, Gregory Lashon Allen, The 1 Educators, Inc., The 1 Educators, Inc.. (Harvey, Kiera) |
| Submission of #26 MOTION for Summary Judgment to District Judge Sarah E. Geraghty. (sap) |
| Filing 32 Minute Entry for proceedings held before Judge Sarah E. Geraghty: Telephone Conference held on 01/19/2023 re #29 Notice of Intent to Withdraw as Counsel and #30 Notice of Attempt to Schedule Conference After Discovery. (Court Reporter Melissa Brock) (sap) |
| Filing 31 Amended Notice of Intent to Withdraw as Counsel re #29 Notice by 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, The 1 Educators, Inc. (Harvey, Kiera) Modified text on 1/20/2023 (ane). |
| NOTICE OF HEARING: A Telephone Conference is SCHEDULED for 01/19/2023 at 10:30 AM before Judge Sarah E. Geraghty. (sap) |
| Filing 30 NOTICE of Attempt to Schedule Conference After Discovery by Fifth Third Bank, National Association (Attachments: #1 Exhibit A - Counsel's Correspondence)(Levy, Brian) |
| Filing 29 NOTICE by 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, The 1 Educators, Inc. of Intent to Withdraw as Counsel (Harvey, Kiera) |
| Filing 28 AFFIDAVIT Declaration of Brian J. Levy by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A - Plaintiff's Initial Disclosures, #2 Exhibit B - Plaintiff's First Requests for Admissions to Defendants, #3 Exhibit C - Plaintiff's First Interrogatories to Defendants, #4 Exhibit D - Plaintiff's First Request for Production of Documents to Defendants)(Levy, Brian) |
| Filing 27 AFFIDAVIT Declaration of Andy Morelli by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A - The 1 Educators Credit Card Agreement, #2 Exhibit B - Demand Note, #3 Exhibit C - The 1 Educators Guaranty, #4 Exhibit D - 1st Choice Credit Card Agreement, #5 Exhibit E - Term Note, #6 Exhibit F - 1st Choice Guaranty, #7 Exhibit G - Security Deed, #8 Exhibit H - 1st Choice Notice of Default, #9 Exhibit I - The 1 Educators Notice of Demand, #10 Exhibit J - Release Letter, #11 Exhibit K - Account Statements for The 1 Educators Credit Card Agreement, #12 Exhibit L - Loan History Detail for the Demand Note, #13 Exhibit M - Payoff Letter for The 1 Educators Credit Card Agreement and the Demand Note)(Levy, Brian) |
| Filing 26 MOTION for Summary Judgment with Brief In Support by Fifth Third Bank, National Association. (Attachments: #1 Brief Brief in Support of Plaintiff's Motion for Summary Judgment Against Defendants, #2 Statement of Material Facts Statement of Undisputed Material Facts in Support of Plaintiff's Motion for Summary Judgment Against Defendants)(Levy, Brian) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Submission of #25 MOTION to Dismiss Counterclaim and Strike Affirmative Defenses to District Judge Sarah E. Geraghty. (No response filed) (sap) |
| Filing 25 MOTION to Dismiss Counterclaim and Strike Affirmative Defenses with Brief In Support by Fifth Third Bank, National Association. (Attachments: #1 Brief Brief in Support of Plaintiff's Motion to Dismiss Counterclaim and Strike Affirmative Defenses, #2 Exhibit A - Payoff Letter)(Levy, Brian) . Added MOTION to Strike on 10/17/2022 (ane). |
| Filing 24 AMENDED ANSWER to Fifth Third's #1 Complaint, Amended COUNTERCLAIM against Fifth Third Bank, National Association by 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, The 1 Educators, Inc. (Harvey, Kiera) Modified on 10/3/2022 to edit text (ane). |
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Filing 23
SCHEDULING ORDER re #20 Joint Preliminary Report and Discovery Plan: This case shall proceed on a 4-month discovery track to end on December 29, 2022. Defendants shall have until September 30, 2022, to file their amended answer and counterclaim. Daubert motions with regard to expert testimony shall be filed no later than 30 days after the close of discovery. The parties are required to confer on or before October 14, 2022, to discuss the possibility of settlement. Signed by Judge Sarah E. Geraghty on 9/27/2022. (sap)
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| Filing 22 Corporate Disclosure Statement by 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, The 1 Educators, Inc..(Harvey, Kiera) |
| Filing 21 CERTIFICATE OF SERVICE filed by 1st Choice Renovations And Construction, Inc., 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, Gregory Lashon Allen, The 1 Educators, Inc., The 1 Educators, Inc. Defendants' Initial Disclosures (Harvey, Kiera) |
| Filing 20 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Fifth Third Bank, National Association. (Callanan, Grace) |
| Filing 19 CERTIFICATE OF SERVICE Plaintiff's First Interrogatories to Defendants by Fifth Third Bank, National Association.(Levy, Brian) |
| Filing 18 CERTIFICATE OF SERVICE Plaintiff's First Requests for Admissions to Defendants by Fifth Third Bank, National Association.(Levy, Brian) |
| Filing 17 CERTIFICATE OF SERVICE Plaintiff's First Request for Production of Documents to Defendants by Fifth Third Bank, National Association.(Levy, Brian) |
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Filing 16
ORDER: The Court DIRECTS the Clerk to VACATE the entry of default that was entered on August 3, 2022. The relief that Fifth Third seeks in its #12 Motion to Strike is DENIED. The parties are DIRECTED to file their joint preliminary report and discovery plan by September 26, 2022. Defendants are ORDERED to file their certificates of interested persons and/or corporate disclosure statements by September 26, 2022. Signed by Judge Sarah E. Geraghty on 9/14/2022. (ane)
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| Filing 15 CERTIFICATE OF SERVICE Plaintiff's Initial Disclosures by Fifth Third Bank, National Association.(Levy, Brian) |
| Filing 14 ANSWER to #8 Counterclaim Plaintiff's Answer and Affirmative Defenses to Defendants' Counterclaim by Fifth Third Bank, National Association.(Levy, Brian) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 13 NOTICE of Appearance by Kiera L. Harvey on behalf of 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, The 1 Educators, Inc. (Harvey, Kiera) |
| Filing 12 MOTION to Strike Defendant's #8 Answer to Complaint and Counterclaims as to Corporate Defendants and Incorporated Brief in Support by Fifth Third Bank, National Association. (Levy, Brian) Modified on 8/15/2022 to edit text (ane). |
| Filing 11 NOTICE of Appearance by Grace Brennagh Callanan on behalf of Fifth Third Bank, National Association (Callanan, Grace) |
| Filing 10 Certificate of Interested Persons and Corporate Disclosure Statement by Fifth Third Bank, National Association identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank, National Association. (Levy, Brian) |
| Clerk's Entry of Default as to 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, and The 1 Educators, Inc. (aaq) |
| Filing 7 MOTION for Clerks Entry of Default Application for Clerk's Entry of Default Against Defendants by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A - Declaration for Clerk's Entry of Default)(Levy, Brian) |
| Filing 9 NOTICE of Change of Address by 1st Choice Renovations And Construction, Inc., 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, Gregory Lashon Allen, The 1 Educators, Inc., The 1 Educators, Inc. (nmb) |
| Filing 8 ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 12/29/2022.), COUNTERCLAIM against Fifth Third Bank, National Association with Jury Demand by The 1 Educators, Inc., 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen.(nmb) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 6
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 7/13/2022. (sap)
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| Filing 5 Return of Service Executed by Fifth Third Bank, National Association. 1st Choice Renovations And Construction, Inc. served on 7/11/2022, answer due 8/1/2022. (Levy, Brian) Modified on 7/12/2022 to correct docket text (adg). |
| Filing 4 Return of Service Executed by Fifth Third Bank, National Association. The 1 Educators, Inc. served on 7/11/2022, answer due 8/1/2022. (Levy, Brian) Modified on 7/12/2022 to correct docket text (adg). |
| Filing 3 Return of Service Executed by Fifth Third Bank, National Association. Gregory Lashon Allen served on 7/11/2022, answer due 8/1/2022. (Levy, Brian) Modified on 7/12/2022 to correct docket text(adg). |
| Filing 2 Electronic Summons Issued as to 1st Choice Renovations And Construction, Inc., Gregory Lashon Allen, The 1 Educators, Inc. (Attachments: #1 Summons, #2 Summons)(kxm) |
| Filing 1 COMPLAINT (Filing fee $402, receipt number AGANDC-11900559) filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A - Demand Note, #2 Exhibit B - 1 Educators Guaranty, #3 Exhibit C - Credit Card Agreement, #4 Exhibit D - Term Note, #5 Exhibit E - First Choice Guaranty, #6 Exhibit F - First 1st Choice Notice of Default, #7 Exhibit G - Second 1st Choice Notice of Default, #8 Exhibit H - First The 1 Educators Notice of Demand, #9 Exhibit I - Second The 1 Educators Notice of Demand, #10 Civil Cover Sheet)(kxm) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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