Williams v. TCF National Bank
| Cindy Williams |
| TCF National Bank |
| 1:2012cv05115 |
| June 26, 2012 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 38 MINUTE entry before Honorable Edmond E. Chang: Pursuant to the stipulated dismissal, R. 37, the case as to Plaintiff Williams is dismissed with prejudice and the case as to class-action members (which technically was not certified and thus never formally part of the case) is dismissed without prejudice, each side to bear their own costs and fees. Status hearing of 04/18/13 is vacated. Civil case terminated. Mailed notice (slb, ) |
| Filing 37 STIPULATION of Dismissal (Siprut, Joseph) |
| Filing 36 MINUTE entry before Honorable Edmond E. Chang: The parties' counsel called the courtroom deputy on a conference call, and reported that the case has settled. The parties asked for 2 weeks to finalize the settlement agreement. Status hearing of 04/04/13 is reset to 04/18/13 at 9:00 a.m. The Court expects that a stipulated dismissal will be filed before that date; if so, the status hearing will be vacated. Mailed notice (slb, ) |
| Filing 35 Enter Memorandum Opinion and Order signed by Honorable Edmond E. Chang. For the reasons stated in the Opinion, Defendant TCF's motion to compel arbitration #10 is granted. Status hearing of 02/28/13 is reset to 04/04/13 at 10:30 a.m. On or before 04/02/13, the parties shall file a joint status report on the status of the arbitration. Mailed notice(slb, ) |
| Filing 34 Joint Jurisdictional STATEMENT by TCF National Bank, Cindy Williams (Lewis, Roger) |
| Filing 33 MINUTE entry before Honorable Edmond E. Chang:It is almost certain that subject matter jurisdiction exists under 28 U.S.C. 1332(d)(2), but the parties shall file a concise joint jurisdictional statement that addresses the following: (1) TCF National Bank's citizenship, as a national banking association, under 28 U.S.C. 1348 and Wachovia Bank v. Schmidt, 546 U.S. 303, 307 & n.1 (2006) (in other words, where is TCF "located," meaning where is its main office, as set forth in its articles of association); and (2) the approximate National Class size in Paragraph 70 (knowing the approximate size will permit the Court to accept that the $35 overdraft fee multiplied by the class size will meet the $5 million amount-in-controversy requirement of 1332(d)(2). The jurisdictional statement is due on or before 02/11/13.Mailed notice (slb, ) |
| Filing 32 MINUTE entry before Honorable Edmond E. Chang: Defendant TCF's motion to compel arbitration #10 is under advisement. Status hearing of 01/22/13 is reset to 02/28/13 at 9:00 a.m. Mailed notice (slb, ) |
| Filing 31 RESPONSE by Defendant TCF National Bank ( Defendant's Supplemental Memorandum of Law In Response to Plaintiff's Surreply and Citation of Additional Authority ) (Lewis, Roger) |
| Filing 30 MINUTE entry before Honorable Edmond E. Chang:Plaintiff's motion to file sur-reply #26 is granted, although it does not really appear that Defendant made new arguments in the reply. Plaintiff's motion to file supplemental authority #28 is granted. On or before 12/05/12, Defendant may file a supplement to its motion, limited to 5 pages, that addresses the sur-reply and supplemental authority. No more briefs after that. Status hearing of 11/28/12 is reset to 01/22/13 at 9:00 a.m. Mailed notice (slb, ) |
| Filing 29 NOTICE of Motion by Joseph J Siprut for presentment of motion for leave to file #28 before Honorable Edmond E. Chang on 11/28/2012 at 08:30 AM. (Siprut, Joseph) |
| Filing 28 MOTION by Plaintiff Cindy Williams for leave to file Supplemental Authority (Attachments: #1 Exhibit A)(Siprut, Joseph) |
| Filing 27 NOTICE of Motion by Joseph J Siprut for presentment of motion for leave to file #26 before Honorable Edmond E. Chang on 11/28/2012 at 08:30 AM. (Siprut, Joseph) |
| Filing 26 MOTION by Plaintiff Cindy Williams for leave to file Surreply (Siprut, Joseph) |
| Filing 25 REPLY by TCF National Bank to MOTION by Defendant TCF National Bank to stay Further Proceedings andMOTION by Defendant TCF National Bank to compel Arbitration #10 ( Defendant's Reply Memorandum of Law in Support of Motion to Stay Further Proceedings and to Compel Arbitration ) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lewis, Roger) |
| Filing 24 TRANSCRIPT OF PROCEEDINGS held on 09-10-12 before the Honorable Edmond E. Chang. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov, 312-435-5567. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/24/2012. Redacted Transcript Deadline set for 11/5/2012. Release of Transcript Restriction set for 1/2/2013. (Burgeson, Krista) |
| Filing 23 TRANSCRIPT OF PROCEEDINGS held on 07-19-12 before the Honorable Edmond E. Chang. Court Reporter Contact Information: Krista Burgeson, krista_burgeson@ilnd.uscourts.gov, 312-435-5567. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 10/24/2012. Redacted Transcript Deadline set for 11/5/2012. Release of Transcript Restriction set for 1/2/2013. (Burgeson, Krista) |
| Filing 22 RESPONSE by Cindy Williamsin Opposition to MOTION by Defendant TCF National Bank to stay Further Proceedings andMOTION by Defendant TCF National Bank to compel Arbitration #10 (Attachments: #1 Affidavit Affidavit of Cindy Williams)(Siprut, Joseph) |
| Filing 21 MINUTE entry before Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion to compel discovery #18 . For the reasons stated in open court, Plaintiff's motion #18 is denied in most part and granted in part. In sum, most of Plaintiff's requests ask for information that is not relevant to the procedural or substantive unconscionability of the arbitration provision between Plaintiff and Defendant, and on the issue of overdraft-fee disputes in particular. And even if weakly relevant, the requests are unduly burdensome and seek an enormous amount of information. But Defendant shall disclose, for the time period during which Plaintiff had a TCF account, a list of actual and threatened arbitrations (redacted for confidentiality if necessary) concerning overdraft-fee disputes, as well as the resolution or outcome of the arbitration. That information is targeted at the specific type of dispute at issue in this case, and could shed light on the efficacy of the arbitration provision. Defendant's disclosure is due by 09/14/12. Plaintiff's response date to the motion to compel arbitration #10 is extended to 09/24/12. Defendant's reply due 10/11/12. Status hearing of 10/30/12 is reset to 11/28/12 at 8:30 a.m. Mailed notice (slb, ) |
| Filing 20 MEMORANDUM by TCF National Bank in Opposition to motion to compel, motion to clarify #18 (Attachments: #1 Exhibit A (part 1), #2 Exhibit A (part 2), #3 Exhibit A (part 3))(Lewis, Roger) |
| Filing 19 NOTICE of Motion by Aleksandra M. S. Vold for presentment of motion to compel, motion to clarify #18 before Honorable Edmond E. Chang on 9/10/2012 at 08:30 AM. (Vold, Aleksandra) |
| Filing 18 MOTION by Plaintiff Cindy Williams to compel Discovery, MOTION by Plaintiff Cindy Williams to clarify July 19, 2012 Order (Attachments: #1 Exhibit A)(Vold, Aleksandra) |
| Filing 17 NOTICE by Joseph J Siprut of Change of Address (Siprut, Joseph) |
| Filing 16 NOTICE by Aleksandra M. S. Vold of Change of Address (Vold, Aleksandra) |
| Filing 15 MINUTE entry before Honorable Edmond E. Chang: Motion hearing held on Defendant's motion to stay proceedings and to compel arbitration #10 . The Court discussed setting a response date that accommodates the potential for limited discovery into the enforceability of the arbitration agreement. The parties must confer over what should be disclosed (disclosure is not a waiver of whether the disclosed facts are relevant to the motion; rather, voluntary disclosure may speed along the briefing of the motion). Any disputes must be promptly brought to the Court's attention by way of motion, after good-faith conferral. Plaintiff's response to the motion is due 09/17/12. Defendant's reply due 10/01/12. The status hearing of 08/08/12 is reset to 10/30/12 at 8:30 a.m. Mailed notice (slb, ) |
| Filing 14 MINUTE entry before Honorable Edmond E. Chang: Plaintiff's Damasco-related class-certification motion #4 is entered and continued generally in light of the early stage of the case. The parties should still appear for tomorrow's noticed-up motion to compel arbitration #10 . Plaintiff will be permitted to respond in writing after tomorrow, but the Court has a few questions. Mailed notice (slb, ) |
| Filing 13 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by TCF National Bank (Lewis, Roger) |
| Filing 12 NOTICE of Motion by Roger Andrew Lewis for presentment of motion to stay,, motion to compel, #10 before Honorable Edmond E. Chang on 7/19/2012 at 08:30 AM. (Lewis, Roger) |
| Filing 11 MEMORANDUM by TCF National Bank in support of motion to stay,, motion to compel, #10 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lewis, Roger) |
| Filing 10 MOTION by Defendant TCF National Bank to stay Further Proceedings and, MOTION by Defendant TCF National Bank to compel Arbitration (Attachments: #1 Exhibit 1 - Declaration of Mark W. Gault, #2 Exhibit 1 - A, #3 Exhibit 1 - B, #4 Exhibit 1 - C)(Lewis, Roger) |
| Filing 9 ATTORNEY Appearance for Defendant TCF National Bank by Roger Andrew Lewis (Lewis, Roger) |
| Filing 8 ATTORNEY Appearance for Defendant TCF National Bank by Frederic R. Klein (Klein, Frederic) |
| Filing 7 MINUTE entry before Honorable Edmond E. Chang:Status hearing set for August 8, 2012 at 9:00 a.m. The parties must file a joint initial status report with the content described in the attached order at least 3 business days before the initial status hearing. Mailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 6 SUMMONS Returned Executed by Cindy Williams as to TCF National Bank on 6/29/2012, answer due 7/20/2012. (Attachments: #1 Affidavit)(Vold, Aleksandra) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Geraldine Soat Brown. (mh, ) |
| SUMMONS Issued as to Defendant TCF National Bank. (mr, ) |
| Filing 5 ATTORNEY Appearance for Plaintiff Cindy Williams by Aleksandra M. S. Vold (Vold, Aleksandra) |
| Filing 4 MOTION by Plaintiff Cindy Williams to certify class (Siprut, Joseph) |
| Filing 3 ATTORNEY Appearance for Plaintiff Cindy Williams by Joseph J Siprut (Siprut, Joseph) |
| Filing 2 CIVIL Cover Sheet (Siprut, Joseph) |
| Filing 1 COMPLAINT filed by Cindy Williams; Jury Demand. Filing fee $ 350, receipt number 0752-7294915. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Siprut, Joseph) |
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| Plaintiff: Cindy Williams | |
| Represented By: | Joseph J Siprut |
| Represented By: | Aleksandra M. S. Vold |
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| Defendant: TCF National Bank | |
| Represented By: | Frederic R. Klein |
| Represented By: | Roger Andrew Lewis |
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