Kaemmerer v. Fifth Third Bank, N.A. et al
| Bradley Keith Kaemmerer |
| Fifth Third Bank, N.A. and The Roth Morgan Firm Corp. |
| 1:2017cv03720 |
| May 18, 2017 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Edmond E Chang |
| Consumer Credit |
| 15 U.S.C. § 1692 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 28 STIPULATION of Dismissal as to Fifth- Third Bank, N.A. only (Volheim, Nathan) |
| Filing 27 ENTERED JUDGMENT on 9/6/2017:Emailed notice(slb, ) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for default judgment against The Roth Morgan Firm Corporation #24 . Defendant Roth Morgan failed to answer by the extended deadline, despite the prior order, see R. 23. Despite a couple of communications to Plaintiff's counsel from another lawyer purportedly on behalf of Roth Morgan, no appearance has been filed (not even after the prior in-court hearing). Therefore, the motion is granted. It is hereby ordered that default judgment is entered in favor of Plaintiff and against Defendant The Roth Morgan Firm Corporation in the total amount $5,707.81, comprised of statutory damages in the amount of $500.00 and reasonable attorneys' fees and costs in the amount of $5,207.81. A separate AO-450 judgment shall be entered. With regard to Defendant Fifth Third Bank, Plaintiff's counsel reported that the settlement terms are finalized and consideration will be effectuated soon. As to Fifth Third Bank, the case is dismissed without prejudice and with full leave to reinstate via motion filed by 10/23/2017. If no motion to reinstate is filed by that date, then the dismissal will automatically convert to a dismissal with prejudice, without further action by the Court. Civil case terminated. Emailed notice (slb, ) |
| Filing 25 NOTICE of Motion by Nathan Charles Volheim for presentment of motion for default judgment #24 before Honorable Edmond E. Chang on 9/6/2017 at 08:30 AM. (Volheim, Nathan) |
| Filing 24 MOTION by Plaintiff Bradley Keith Kaemmerer for default judgment as to (Attachments: #1 Exhibit A, #2 Exhibit B)(Volheim, Nathan) |
| Filing 23 MINUTE entry before the Honorable Edmond E. Chang: Status and motion hearing held on Plaintiff's motion for default judgment as to the Roth Morgan Firm Corporation #17 . An attorney appeared on behalf of Roth Morgan Firm Corporation and made a verbal request for leave to file his appearance and a request to vacate the entry of default entered by the court on 06/29/2017. Although it is a very close question, given the absence of a confirmed explanation for the delay, both requests are granted -- but Roth Morgan shall ***strictly*** adhere to all deadlines and extensions shall not be expected. Plaintiff's motion for default judgment #17 is terminated without prejudice. Defendant Roth's answer due 08/21/2017. Rule 26(a)(1) disclosures due 08/28/2017. The first-round of written discovery requests to be issued no later than 08/28/2017. Fact discovery deadline set for 12/11/2017. The parties shall engage in prompt settlement negotiations. Status hearing set for 09/21/2017 at 9:30 a.m. The stipulated dismissal with Defendant Fifth Third Bank should be filed well in advance of the next status hearing.Emailed notice (slb, ) |
| Filing 22 Notice of Settlement as to Fifth- Third Bank, N.A. by Bradley Keith Kaemmerer (Volheim, Nathan) |
| Filing 21 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fifth Third Bank, N.A. (Tung, Josephine) |
| Filing 20 ANSWER to Complaint and Affirmative Defenses by Fifth Third Bank, N.A.(Tung, Josephine) |
| Filing 19 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Josephine Tung (Tung, Josephine) |
| Filing 18 NOTICE of Motion by Nathan Charles Volheim for presentment of motion for default judgment #17 before Honorable Edmond E. Chang on 8/10/2017 at 09:00 AM. (Volheim, Nathan) |
| Filing 17 MOTION by Plaintiff Bradley Keith Kaemmerer for default judgment as to The Roth Morgan Firm Corp. On A Sum Certain (Attachments: #1 Exhibit A, #2 Exhibit B)(Volheim, Nathan) |
| Filing 16 MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for entry of default as to Defendant The Roth Morgan Firm Corporation #12 . Defendant Roth Morgan did not appear. Defendant has failed to answer or appear, and the time for answering the Complaint has expired. Therefore, the Court finds Defendant Roth Morgan Firm Corporation to be in default. The motion #12 is granted. Emailed notice (slb, ) |
| Filing 15 MINUTE entry before the Honorable Edmond E. Chang: Hearing on Plaintiff's motion for entry of default is reset to June 29, 2017 at 8:45 a.m. Emailed notice (slb, ) |
| Filing 14 SUMMONS Returned Executed by Bradley Keith Kaemmerer as to Fifth Third Bank, N.A. on 6/22/2017, answer due 7/13/2017. (Volheim, Nathan) |
| Filing 13 NOTICE of Motion by Nathan Charles Volheim for presentment of motion for entry of default #12 before Honorable Edmond E. Chang on 6/29/2017 at 08:30 AM. (Volheim, Nathan) |
| Filing 12 MOTION by Plaintiff Bradley Keith Kaemmerer for entry of default (Attachments: #1 Affidavit for Entry of Default)(Volheim, Nathan) |
| Filing 11 MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's motion to reset initial status hearing #9 is granted. The status hearing of 06/27/2017 is reset to 08/10/2017 at 9:00 a.m. The joint initial status report is due 3 business days in advance. If Defendant Roth Morgan Firm still has not answered and is in default, then Plaintiff shall file a motion for default to be presented at the next status hearing. Emailed notice (slb, ) |
| Filing 10 NOTICE of Motion by Nathan Charles Volheim for presentment of extension of time #9 before Honorable Edmond E. Chang on 6/22/2017 at 08:30 AM. (Volheim, Nathan) |
| Filing 9 MOTION by Plaintiff Bradley Keith Kaemmerer for extension of time for Initial Status Hearing (Volheim, Nathan) |
| ALIAS Summons Issued as to Defendant Fifth Third Bank, N.A.. (pg, ) |
| SUMMONS Issued as to Defendant Fifth Third Bank, N.A. (pg, ) |
| Filing 8 SUMMONS Returned Executed by Bradley Keith Kaemmerer as to The Roth Morgan Firm Corp. on 5/24/2017, answer due 6/14/2017. (Volheim, Nathan) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang:Initial status hearing set for 06/27/2017 at 9:45 a.m. The parties must file a joint initial status report with the content described in the attached status report requirements at least 3 business days before the initial status hearing. Plaintiff must still file the report even if not all Defendants have been served or have responded to requests to craft a joint report. Because the Procedures are occasionally revised, counsel must read them anew even if counsel has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (slb, ) |
| Filing 6 ATTORNEY Appearance for Plaintiff Bradley Keith Kaemmerer by Taxiarchis Hatzidimitriadis (Hatzidimitriadis, Taxiarchis) |
| Filing 5 ATTORNEY Appearance for Plaintiff Bradley Keith Kaemmerer by Mohammed Omar Badwan (Badwan, Mohammed) |
| Filing 4 ATTORNEY Appearance for Plaintiff Bradley Keith Kaemmerer by Ahmad Tayseer Sulaiman (Sulaiman, Ahmad) |
| Filing 3 ATTORNEY Appearance for Plaintiff Bradley Keith Kaemmerer by Nathan Charles Volheim (Volheim, Nathan) |
| Filing 2 CIVIL Cover Sheet (Volheim, Nathan) |
| Filing 1 COMPLAINT filed by Bradley Keith Kaemmerer; Jury Demand. Filing fee $ 400, receipt number 0752-13188201.(Volheim, Nathan) |
| SUMMONS Issued as to Defendant The Roth Morgan Firm Corp. (pg, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable M. David Weisman. (lcw, ) |
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