Sheckard et al v. Overby-Seawell Company et al
| Scott Sheckard and Margaret Sheckard |
| Overby-Seawell Company and Fulton Bank, N.A. |
| 1:2022cv03708 |
| September 14, 2022 |
| US District Court for the Northern District of Georgia |
| Steven D Grimberg |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 27, 2023. A more recent docket listing may be available from PACER.
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ORDER denying as moot #16 Motion to Dismiss for Failure to State a Claim. Signed by Judge Steven D. Grimberg on 04-27-2023. (SDG)
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ORDER granting #33 Motion for Leave to File Amended Complaint. Plaintiffs ordered to file final Amended Complaint on the docket within 3 days. Signed by Judge Steven D. Grimberg on 04-27-2023. (SDG)
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| Refund in the amount of $150.00 has been processed, effective 3/14/2023 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Filing 33 Consent MOTION for Leave to File Amended Complaint by Margaret Sheckard, Scott Sheckard. (Attachments: #1 Exhibit A - First Amended Complaint, #2 Text of Proposed Order)(Barnow, Ben) |
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Filing 34
ORDER GRANTING #5 Motion to Consolidate Cases in case 1:23-md-03056-SDG. The Sheckard Action and the West Action are hereby consolidated into the MDL Proceeding for consolidated pretrial proceedings. Signed by Judge Steven D. Grimberg on 3/9/2023. Associated Cases: 1:22-cv-03708-SDG, 1:22-cv-03858-SDG(ane)
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| Clerks Approval re #32 Application for Refund of Fees paid online. (mec) |
| Filing 32 Application for Refund of Fees paid online through Pay.gov for receipt number AGANDC-12440091. (Hanks, Taylor) |
| Filing 31 APPLICATION for Admission of Eric Sauter Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12440091).by Overby-Seawell Company. (Hanks, Taylor) Documents for this entry are not available for viewing outside the courthouse. |
| NOTICE OF VIDEO PROCEEDING RE: MDL CASE 23-MD-3056 - #5 Motion to Consolidate Cases. Hearing set for 3/8/2023 at 03:00 PM before Judge Steven D. Grimberg. Connection Instructions: https://ganduscourts.zoomgov.com/j/1610977939 -- Meeting ID: 161 097 7939 -- Passcode: 370771. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (slc) |
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ORDER granting Motion to Stay (ECF #26 ). The Court stays all case deadlines as to all parties for sixty (60) days. The clerk is directed to resubmit to the Court thereafter. APPROVED by Judge Steven D. Grimberg on 03/01/2023. (slc)
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| Filing 30 CERTIFICATE of Compliance (Hanks, Taylor) |
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Filing 29
ORDER granting #24 Motion to Stay. The Court stays all case deadlines as to all parties for sixty (60) days. The clerk is directed to resubmit to the Court thereafter until further notice. Signed by Judge Steven D. Grimberg on 2/21/23. (rlh)
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| Filing 28 Certification of Consent to Substitution of Counsel. Taylor Thomas Hanks replacing attorney Tawana Blocker Johnson. (Hanks, Taylor) |
| Filing 27 NOTICE Of Filing Motion to Consolidate by Overby-Seawell Company (Attachments: #1 Motion to Consolidate)(Hanks, Taylor) |
| Notification of Docket Correction re #25 NOTICE of Related Filing by Overby-Seawell Company. (Attachments: # 1 Defendant Overby-Seawell Company's Motion to Stay, # 2 Proposed Order)(Hanks, Taylor) Modified to edit event text on 2/22/2023 (aaq). (Terminated) |
| Filing 26 Consent MOTION to Stay by Overby-Seawell Company. (Attachments: #1 Text of Proposed Order Proposed Order)(Hanks, Taylor) |
| Filing 25 NOTICE of Related Filing by Overby-Seawell Company. (Attachments: #1 Defendant Overby-Seawell Company's Motion to Stay, #2 Proposed Order)(Hanks, Taylor) Modified to edit event text on 2/22/2023 (aaq). |
| Filing 24 Consent MOTION to Stay with Brief In Support by Fulton Bank, N.A.. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Stay)(Wiech, Christopher) |
| Filing 23 NOTICE of Appearance by Taylor Thomas Hanks on behalf of Overby-Seawell Company (Hanks, Taylor) |
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Filing 22
ORDER granting Fulton Bank, N.A.'s Unopposed Motion to Stay #21 . The Court extends Defendant Fulton Bank, N.A. 's time to file a reply in support of its motion to dismiss until and including 20 days following a ruling by the JPML and stays all other case deadlines until further notice. Signed by Judge Steven D. Grimberg on 12/21/2022. (gas)
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| Filing 21 Consent MOTION to Stay with Brief In Support by Fulton Bank, N.A.. (Attachments: #1 Text of Proposed Order Proposed Order)(Wiech, Christopher) |
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ORDER denying as moot #12 Motion for Extension of Time to Answer Plaintiff's Class Action Complaint. APPROVED by Judge Steven D. Grimberg on 12/11/2022. (slc)
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| Submission of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, to District Judge Steven D. Grimberg. (slc) |
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Filing 20
AMENDED ORDER granting Defendant Overby-Seawell Company's Motion to Stay #15 . The Court extends Defendant Overby-Seawell Company's time to respond to the Class Action Complaint (Dkt. No. #1 ) until twenty (20) days after a ruling by the Judicial Panel on Multidistrict Litigation, In re: KeyBank Customer Data Security Breach Litigation, MDL No. 3056. Signed by Judge Steven D. Grimberg on 12/5/2022. (gas)
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| Filing 19 RESPONSE in Opposition re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Margaret Sheckard, Scott Sheckard. (Barnow, Ben) |
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Filing 18
ORDER granting Consent Motion to Stay #15 . The Court extends Defendant Overby-Seawell Company's time to respond to the Class Action Complaint until twenty (20) days after a ruling by the Judicial Panel on Multidistrict Litigation, In re: KeyBank Customer Data Security Breach Litigation, MDL No. 3056 Signed by Judge Steven D. Grimberg on 12/5/2022. (gas)
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| Submission of #15 MOTION to Stay or in the Alternative, for Extension of Time to Respond to Plaintiffs Class Action Complaint by Overby-Seawell Company. to District Judge Steven D. Grimberg. (slc) |
| Filing 17 RESPONSE in Opposition re #15 MOTION to Stay or in the Alternative, for Extension of Time to Respond to Plaintiffs Class Action Complaint MOTION for Extension of Time to File Answer filed by Margaret Sheckard, Scott Sheckard. (Barnow, Ben) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Fulton Bank, N.A.. (Attachments: #1 Brief Fulton Bank, NA's Brief in Support of Motion to Dismiss)(Wiech, Christopher) |
| Filing 15 MOTION to Stay or in the Alternative, for Extension of Time to Respond to Plaintiffs Class Action Complaint by Overby-Seawell Company. (Attachments: #1 Text of Proposed Order [Proposed Order] Defendant Overby-Seawell Companys Motion to Stay, #2 Text of Proposed Order [Proposed Order] Defendant Overby-Seawell Companys Extension of Time to Respond to Plaintiffs Class Action Complaint)(Johnson, Tawana) . Added MOTION for Extension of Time to File Answer on 11/8/2022 (gas). |
| Filing 14 CERTIFICATE of Compliance of Chelsea Lamb (Lamb, Chelsea) |
| Filing 13 CERTIFICATE of Compliance of Christopher Wiech (Wiech, Christopher) |
| Filing 12 Consent MOTION for Extension of Time to File Answer Plaintiff's Class Action Complaint by Overby-Seawell Company. (Johnson, Tawana) |
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Filing 11
ORDER GRANTING #10 Consent MOTION for Extension of Time to File Answer to the #1 Complaint. Fulton Bank, N.A. answer due 11/7/2022. Fultons Deadline to file a Motion to Dismiss is 11/7/2022. Plaintiffs Deadline to file a Response in opposition to the Motion to Dismiss is 12/5/2022. Fulton's Deadline to file a Reply in support of its Motion to Dismiss is 12/19/2022. Signed by Judge Steven D. Grimberg on 10/7/2022. (nmb)
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| Filing 10 Consent MOTION for Extension of Time to File Answer re #1 Complaint, with Brief In Support by Fulton Bank, N.A.. (Attachments: #1 Text of Proposed Order for Extension of Time to Respond to Complaint)(Wiech, Christopher) |
| Clerk's Certificate of Mailing to Attorney Riley W. Prince: RE: NEF of Order on Application for Admission PHV. (aaq) |
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ORDER granting #9 Application for Admission Pro Hac Vice of Riley W. Prince. Approved by Judge Steven D. Grimberg on September 30, 2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ash)
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ORDER granting #7 Application for Admission Pro Hac Vice of Anthony L. Parkhill. Approved by Judge Steven D. Grimberg on September 30, 2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ash)
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| APPROVAL by Clerks Office re: #9 APPLICATION for Admission of Riley W. Prince Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12082468). Attorney Riley W. Prince added appearing on behalf of Margaret Sheckard, Scott Sheckard (pdt) |
| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Anthony L. Parkhill Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12082442). Attorney Anthony Lee Parkhill added appearing on behalf of Margaret Sheckard, Scott Sheckard (pdt) |
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ORDER granting #8 Application for Admission Pro Hac Vice of Ben Barnow. Approved by Judge Steven D. Grimberg on September 28, 2022. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ash)
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| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of Ben Barnow Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12082451). Attorney Ben Barnow added appearing on behalf of Margaret Sheckard, Scott Sheckard (cdg) |
| Filing 9 APPLICATION for Admission of Riley W. Prince Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12082468).by Margaret Sheckard, Scott Sheckard. (Evangelista, James) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 8 APPLICATION for Admission of Ben Barnow Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12082451).by Margaret Sheckard, Scott Sheckard. (Evangelista, James) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 7 APPLICATION for Admission of Anthony L. Parkhill Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12082442).by Margaret Sheckard, Scott Sheckard. (Evangelista, James) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 6 CERTIFICATE of Compliance re #4 Order (Evangelista, James) |
| Filing 5 CERTIFICATE of Compliance re #4 Order (McGregor, Kristi) |
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Filing 4
STANDING ORDER Regarding Civil Litigation. Ordered by Judge Steven D. Grimberg on September 16, 2022. (ash)
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| Filing 3 Electronic Summons Issued as to Fulton Bank, N.A. (gas) |
| Filing 2 Electronic Summons Issued as to Overby-Seawell Company. (gas) |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand filed by Scott Sheckard, Margaret Sheckard. (Filing fee $402, receipt number AGANDC-12068050) (Attachments: #1 Civil Cover Sheet)(gas) 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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