Bureau of Consumer Financial Protection v. Fifth Third Bank, N.A.
| Bureau of Consumer Financial Protection |
| Fifth Third Bank, N.A. |
| Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds |
| 1:2020cv01683 |
| March 9, 2020 |
| US District Court for the Northern District of Illinois |
| Andrea R Wood |
| Banks and Banking |
| 15 U.S.C. § 1601 |
| None |
Docket Report
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This docket was last retrieved on February 12, 2021. A more recent docket listing may be available from PACER.
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| Filing 56 MEMORANDUM Opinion and Order Signed by the Honorable Andrea R. Wood on 2/12/2021. Mailed notice (dal, ) |
| Filing 55 MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the accompanying Memorandum Opinion and Order, Defendant's motion to transfer venue #20 is granted. This Clerk is directed to transfer this case to the United States District Court for the Southern District of Ohio. The remaining motions pending on this Court's docket, including the motion to intervene for the limited purpose of obtaining access to improperly redacted exhibits filed on the public docket #43 , are terminated without prejudice to renewal in the transferee court. Civil case terminated. Mailed notice (dal, ) |
| Filing 54 MINUTE entry before the Honorable Andrea R. Wood: Defendant Fifth Third Bank's motion for leave to file sur-reply in opposition to motion to intervene #53 is granted. The Court will consider the sur-reply attached as an exhibit to Defendant's motion [53-1]. Mailed notice (dal, ) |
| Filing 53 MOTION by Defendant Fifth Third Bank, N.A. for leave to file Sur-Reply In Opposition to Motion to Intervene (Attachments: #1 Exhibit Proposed Sur-Reply)(Ferrara, Michael) |
| Filing 52 REPLY by Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds to MOTION by Plaintiff Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Intervenor Parties Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Heavy & General Laborers' Local 472 & 172 Pension and Annuity #43 Proposed Intervenor's Reply to Fifth Third Bank's Opposition to Motion to Intervene for Limited Purposer (Cochran, Brian) |
| Filing 51 MINUTE entry before the Honorable Andrea R. Wood: The Court grants Defendant Fifth-Third Bank NA's unopposed e-mail request for an extension of time to respond to the complaint. Defendant's obligation to answer the complaint is suspended until after the Court's ruling on Defendant's pending motion to transfer venue #20 . Mailed notice (dal, ) |
| Filing 50 RESPONSE by Bureau of Consumer Financial Protection to MOTION by Plaintiff Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Intervenor Parties Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Heavy & General Laborers' Local 472 & 172 Pension and Annuity #43 (Reiferson, Barry) |
| Filing 49 MEMORANDUM by Fifth Third Bank, N.A. in Opposition to motion to intervene, #43 (Attachments: #1 Declaration Declaration of Ryan Scarborough Fifth Third Bank's Memorandum of Law in Opposition to Motion to Intervene)(Ferrara, Michael) |
| Filing 48 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 7/29/2020. Motion by counsel for leave to appear pro hac vice #47 is granted. The Court sets the following briefing schedule for Heavy & General Laborers' Local 472 & 172 Pension and Annuity Fund's motion to intervene for limited purpose of obtaining access to improperly redacted exhibits filed on the public docket #43 : Defendant and Plaintiff shall respond by 8/13/2020 and Intervenor shall reply by 8/24/2020. No further status date is set at this time. Mailed notice (dal, ) |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17256653. (Kinnon, Christopher) |
| Filing 46 MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing set for 7/29/2020 at 9:30 AM regarding Plaintiff's motion to intervene for limited purpose of obtaining access to improperly redacted exhibits filed on the public docket. The call-in information at docket entry #42 remains the same. Mailed notice. (dal, ) |
Filing 45
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk8, Docket)
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| Filing 44 MEMORANDUM OF LAW IN SUPPORT OF MOTION by Intervenor Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds to intervene FOR LIMITED PURPOSE OF OBTAINING ACCESS TO IMPROPERLY REDACTED EXHIBITS FILED ON THE PUBLIC DOCKET (Cochran, Brian) Docket text modified by Clerk's Office on 7/27/2020 (dal, ). |
| Filing 43 MOTION by Plaintiff Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Intervenor Parties Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds to intervene (Cochran, Brian) |
| Filing 42 MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the initial status hearing set for 7/2/2020 is stricken and reset for a telephonic status hearing 7/29/2020 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. 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. Mailed notice. (dal, ) |
| Filing 41 REPLY by Fifth Third Bank, N.A. to memorandum in opposition to motion, #39 to transfer venue (Attachments: #1 Declaration of Aaron Stucky, #2 Declaration of Kenneth Oglesby)(Ferrara, Michael) |
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Filing 40
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, )
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| Filing 39 MEMORANDUM by Bureau of Consumer Financial Protection in Opposition to motion to change venue #20 (Attachments: #1 Declaration of Barry Reiferson, #2 Exhibit No. 1, #3 Exhibit No. 2, #4 Exhibit No. 3, #5 Exhibit No. 4, #6 Exhibit No. 5, #7 Exhibit No. 6, #8 Exhibit No. 7, #9 Exhibit No. 8, #10 Exhibit No. 9, #11 Exhibit No. 10)(Reiferson, Barry) |
| Filing 38 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Leanne Elizabeth Hartmann (Hartmann, Leanne) |
| Filing 37 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Lane Chessin Powell (Powell, Lane) |
| Filing 36 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Barry E Reiferson (Reiferson, Barry) |
| Filing 35 MINUTE entry before the Honorable Andrea R. Wood: Pursuant to the agreement of the parties, the Court extends the briefing schedule on Defendant's motion to transfer venue #20 as follows : Plaintiff shall respond by 5/22/2020 and Defendant shall reply by 6/1/2020. Mailed notice. (dal, ) |
| Filing 33 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by John K. Villa (Villa, John) |
| Filing 32 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel for leave to appear pro hac vice #28 is granted. Mailed notice. (dal, ) |
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Filing 34
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, )
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| Filing 31 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Meghan Sherman Cater (Cater, Meghan) |
| Filing 30 MINUTE entry before the Honorable Andrea R. Wood: The motion presentment hearing set for 5/6/2020 is stricken. No appearance is required. Mailed notice. (dal, ) |
| Filing 29 MINUTE entry before the Honorable Andrea R. Wood: Pursuant to the agreement of the parties, the Court sets the following briefing schedule on Defendant's motion to transfer venue #20 : Plaintiff shall respond by 5/8/2020 and Defendant shall reply by 5/18/2020. The parties' obligation to hold a Rule 26(f) planning conference is held in abeyance pending resolution of the motion to transfer. Initial status hearing set for 5/13/2020 #11 is stricken and reset for 7/2/2020 at 9:00 AM. Mailed notice. (dal, ) |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16944648. (Villa, John) |
| Filing 27 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Enu Abhilasha Mainigi (Mainigi, Enu) |
| Filing 26 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Yifan Wang (Wang, Yifan) |
| Filing 25 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Ryan Thomas Scarborough (Scarborough, Ryan) |
| Filing 24 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Jason J. Mendro (Mendro, Jason) |
| Filing 23 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Joshua M. Wesneski (Wesneski, Joshua) |
| Filing 22 MINUTE entry before the Honorable Andrea R. Wood: Motions by counsel for leave to appear pro hac vice #6 , #7 , #8 , #9 , #15 , #16 , #17 , #18 , and #19 are granted. Mailed notice. (dal, ) |
| Filing 21 NOTICE of Motion by Michael James Ferrara for presentment of motion to change venue #20 before Honorable Andrea R. Wood on 5/6/2020 at 09:00 AM. (Ferrara, Michael) |
| Filing 20 MOTION by Defendant Fifth Third Bank, N.A. to change venue (Attachments: #1 Declaration of Gregory Elmore in Support of Motion to Transfer Venue)(Ferrara, Michael) |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16942041. (Wang, Yifan) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16941785. (Mainigi, Enu) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16941717. (Scarborough, Ryan) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16941698. (Mendro, Jason) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16941670. (Wesneski, Joshua) |
| Filing 14 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Michael James Ferrara (Ferrara, Michael) |
| Filing 13 WAIVER OF SERVICE returned executed by Bureau of Consumer Financial Protection. Fifth Third Bank, N.A. waiver sent on 4/9/2020, answer due 6/8/2020. (Olson, Mary) |
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Filing 12
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket8, )
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| SUMMONS Issued as to Defendant Fifth Third Bank, N.A. (tg, ) |
| Filing 11 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 5/13/2020 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) |
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Filing 10
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (tg, )
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| Filing 9 (Motion for Leave to Appear Pro Hac Vice) MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Counsel (Motion for Leave to Appear Pro Hac Vice) (Cater, Meghan) Modified on 3/12/2020 (las, ). |
| Filing 8 MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Counsel, Pro Hac Vice (Powell, Lane) Modified on 3/12/2020 (las, ). |
| Filing 7 MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Counsel, Pro Hac Vice (Hartmann, Leanne) |
| Filing 6 (Motion for Leave to Appear Pro Hac Vice, Barry Reiferson) MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Counsel (Motion for Leave to Appear Pro Hac Vice, Barry Reiferson) (Reiferson, Barry) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pk, ) |
| Filing 4 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Mary Elizabeth Olson (Olson, Mary) |
| Filing 3 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Michael G. Salemi (Salemi, Michael) |
| Filing 2 CIVIL Cover Sheet (Salemi, Michael) |
| Filing 1 COMPLAINT filed by Bureau of Consumer Financial Protection; (Salemi, Michael) |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (acm, ) |
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