Pemberton v. Fifth Third Bancorp. et al.,

Justia Dockets & Filings Seventh Circuit Illinois Northern District Pemberton v. Fifth Third Bancorp. et al.,

Pemberton v. Fifth Third Bancorp. et al.,

Plaintiff:	Stephen Pemberton, Merrill Dill, William Cox, Vince G. Meyer Trust and Peter Hansen
Defendant:	Tayfun Tuzun, Marsha C Williams, Gary R Heminger, Jerry W Burris, C Bryan Daniels, Michael B McCallister, Emerson L Brumback, Jewell D Hoover, Akins K Nicholas, Eileen A Mallesch, Greg D Carmichael, Thomas H Harvey, Katherine B Blackburn, Fifth Third Bancorp, Jorge L Benitez and Frank Forrest
Intervenor:	Wayne County Employees' Retirement System, Thomas Lameier and Todd Augenbaum
Case Number:	1:2020cv04115
Filed:	July 13, 2020
Court:	US District Court for the Northern District of Illinois
Presiding Judge:	Sara L Ellis
Nature of Suit:	Contract: Stockholders Suits
Cause of Action:	28 U.S.C. § 1331 Fed. Question: Securities Violation
Jury Demanded By:	Both

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Docket Report

This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
March 8, 2023	Filing 138 ENTERED JUDGMENT. Signed by the Deputy Clerk on 3/8/2023:Mailed notice(rj, )
March 8, 2023	Filing 137 OPINION AND ORDER. For the reasons stated in the accompanying Opinion and Order, the Court grants Defendants' motion to dismiss #121 . The Court dismisses the amended complaint with prejudice. Civil case terminated. Signed by the Honorable Sara L. Ellis on 3/8/2023:Mailed notice(rj, )
January 30, 2023	Filing 136 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 2/1/2023 and resets it to 3/9/2023 at 1:30 p.m. for ruling on Defendants' motion to dismiss. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
December 2, 2022	Filing 135 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 12/13/2022 and resets it to 2/1/2023 at 9:30 a.m. for ruling on Defendants' motion to dismiss. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email with instructions to join the call. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting 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 (rj, )
September 23, 2022	Filing 134 REPLY by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams to Motion to Dismiss for Failure to State a Claim, #121 (Lape, Marcella)
August 30, 2022	Filing 133 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiff's motion for leave to file under seal #131 . Mailed notice (rj, )
August 23, 2022	Filing 132 NOTICE of Motion by Matthew Thomas Heffner for presentment of motion to seal document,, Sealed motion, #131 before Honorable Sara L. Ellis on 8/30/2022 at 09:45 AM. (Heffner, Matthew)
August 23, 2022	Filing 131 MOTION by Plaintiff Vince G. Meyer Trust to seal document response in opposition to motion, #130 , SEALED MOTION by Plaintiff Vince G. Meyer Trust (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3)(Heffner, Matthew)
August 23, 2022	Filing 130 RESPONSE by Stephen Pemberton, Vince G. Meyer Trustin Opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D #121 (Heffner, Matthew)
July 26, 2022	Filing 129 MINUTE entry before the Honorable Sara L. Ellis:The Court grants Plaintiffs' motion for extension of time #127 . Plaintiffs' response is due by 8/23/2022 and Defendants' reply is due by 9/23/2022. Mailed notice (rj, )
July 22, 2022	Filing 128 NOTICE of Motion by Matthew Todd Hurst for presentment of motion for extension of time to file response/reply #127 before Honorable Sara L. Ellis on 7/27/2022 at 09:45 AM. (Hurst, Matthew)
July 22, 2022	Filing 127 MOTION by Plaintiffs William Cox, Merrill Dill, Peter Hansen, Stephen Pemberton, Vince G. Meyer Trust for extension of time to file response/reply (Unopposed) (Hurst, Matthew)
June 21, 2022	Filing 126 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for leave to file under seal #124 . Mailed notice (rj, )
June 16, 2022	Filing 125 NOTICE of Motion by Marcella Louise Lape for presentment of motion for leave to file, #124 before Honorable Sara L. Ellis on 6/22/2022 at 09:45 AM. (Lape, Marcella)
June 16, 2022	Filing 124 MOTION by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams for leave to file Documents Under Seal (Lape, Marcella)
June 16, 2022	Filing 123 SEALED DOCUMENT by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams (Attachments: #1 Index of Exhibits, #2 Exhibit G, #3 Exhibit H, #4 Exhibit I)(Lape, Marcella)
June 16, 2022	Filing 122 MEMORANDUM by Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams in support of Motion to Dismiss for Failure to State a Claim, #121 (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G - Sealed, #9 Exhibit H - Sealed, #10 Exhibit I - Sealed)(Lape, Marcella)
June 16, 2022	Filing 121 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams Plaintiffs' Amended Shareholder Derivative Complaint (Lape, Marcella)
June 16, 2022	Filing 120 TRANSCRIPT OF PROCEEDINGS held on 04/08/21 before the Honorable Sara L. Ellis. Order Number: 42895. Court Reporter Contact Information: Patrick Mullen, (312) 435-5565, patrick_mullen@ilnd.uscourts.gov. 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 7/7/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/14/2022. (Mullen, Patrick)
May 27, 2022	Filing 119 MINUTE entry before the Honorable Sara L. Ellis: The Court sets the following briefing schedule on Defendants' motion to dismiss: Defendants' motion to dismiss is due by 6/16/2022; Plaintiffs' response is due by 8/9/2022; and Defendants' reply is due by 9/9/2022. The Court grants the parties' motion for leave to file excess pages. The Court sets a limit of 35 pages for Defendants' memorandum in support of their motion to dismiss, 35 pages for Plaintiffs' memorandum in opposition, and 20 pages for Defendants' reply to Plaintiffs' memorandum in opposition. The Court strikes the status date set for 5/31/2022 and resets it to 12/13/2022 at 9:30 a.m. for ruling on Defendants' motion to dismiss. Mailed notice (rj, )
May 25, 2022	Filing 118 STATUS Report (Joint) by Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams (Lape, Marcella)
May 23, 2022	Filing 117 ATTORNEY Appearance for Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams by Alexander James Kasparie (Kasparie, Alexander)
May 5, 2022	Filing 116 DECLARATION of Peter T Hansen regarding amended complaint, #111 (Hurst, Matthew)
May 5, 2022	Filing 115 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiffs' motion for leave to file under seal #112 . Mailed notice (rj, )
April 29, 2022	Filing 114 NOTICE of Motion by Matthew Todd Hurst for presentment of Sealed motion, #112 before Honorable Sara L. Ellis on 5/5/2022 at 01:45 PM. (Hurst, Matthew)
April 29, 2022	Filing 113 DECLARATION regarding Sealed motion, #112 by Phillip Kim (Attachments: #1 Exhibit Confidentiality Agreement)(Hurst, Matthew)
April 29, 2022	Filing 112 SEALED MOTION by Plaintiffs William Cox, Merrill Dill, Peter Hansen, Stephen Pemberton, Vince G. Meyer Trust (Attachments: #1 Exhibit Ex. A - Unredacted Co, #2 Exhibit Ex. 1 to Complaint Unredacted, #3 Exhibit Ex. 2 to Complaint, #4 Exhibit Ex. 3 to Complaint, #5 Exhibit Ex. 4 to Complaint, #6 Exhibit Ex. 5 to Complaint)(Hurst, Matthew)
April 29, 2022	Filing 111 AMENDED complaint by Merrill Dill, Vince G. Meyer Trust, Stephen Pemberton, William Cox, Peter Hansen against All Defendants (Attachments: #1 Exhibit Redacted, #2 Exhibit Audit Committee Membership, #3 Exhibit Risk and Compliance Comm. Membership, #4 Exhibit Compensation Comm. Membership, #5 Exhibit Nominating and Corp. Gov. Committee Membership)(Hurst, Matthew)
April 25, 2022	Filing 110 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiffs' motion for leave to withdraw the appearance of Christopher M. Lash #108 and withdraws the appearance of Christopher M. Lash as counsel for Plaintiffs. Mailed notice (rj, )
April 20, 2022	Filing 109 Notice of Motion for Leave to Withdraw Appearance of Christopher M. Lash NOTICE of Motion by Nina Varindani for presentment of motion to withdraw as attorney #108 before Honorable Sara L. Ellis on 4/26/2022 at 09:45 AM. (Varindani, Nina)
April 20, 2022	Filing 108 MOTION by Attorney Christopher M. Lash to withdraw as attorney for William Cox, Merrill Dill. No party information provided (Varindani, Nina)
March 30, 2022	Filing 107 OPINION AND ORDER. Signed by the Honorable Sara L. Ellis on 3/30/2022. Mailed notice(rj, )
March 30, 2022	Filing 106 MINUTE entry before the Honorable Sara L. Ellis: Enter Opinion and Order. The Court grants Defendants' motion to dismiss #58 . The Court dismisses the consolidated complaint without prejudice. The Court denies Plaintiffs' motion for adjournment of hearing on Defendants' motion to dismiss #100 . The Court gives Plaintiffs until April 29, 2022, to file an amended complaint if they can do so consistent with F.R.C.P. 11 and this Opinion. The Court strikes the status date set for 3/31/2022 and resets it to 5/31/2022 at 9:30 a.m. The parties should file a joint status report by 5/25/2022 indicating whether Defendants intend to respond to the amended consolidated complaint by way of a motion to dismiss and if so, provide the Court with a proposed briefing schedule. Motion for leave to withdraw appearance of Daniel Scime #104 is granted. [For further details see separate order]. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
March 28, 2022	Filing 105 NOTICE of Motion by Daniel James Scime for presentment of motion to withdraw as attorney, #104 before Honorable Sara L. Ellis on 3/31/2022 at 01:45 PM. (Scime, Daniel)
March 28, 2022	Filing 104 MOTION by Attorney Daniel J. Scime to withdraw as attorney for Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams. No party information provided (Scime, Daniel)
March 27, 2022	Filing 103 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes ruling and motion #100 date set for 3/29/2022 is stricken and resets to 3/31/2022 at 1:45 PM. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
March 25, 2022	Filing 102 RESPONSE by Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williamsin Opposition to MOTION by Plaintiffs Stephen Pemberton, Vince G. Meyer Trust to continue hearing on motion to dismiss #100 (Lape, Marcella)
March 23, 2022	Filing 101 NOTICE of Motion by Matthew Thomas Heffner for presentment of motion to continue #100 before Honorable Sara L. Ellis on 3/29/2022 at 09:30 AM. (Heffner, Matthew)
March 23, 2022	Filing 100 MOTION by Plaintiffs Stephen Pemberton, Vince G. Meyer Trust to continue hearing on motion to dismiss (Heffner, Matthew)
March 22, 2022	Filing 99 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for leave to withdraw the appearance of counsel #96 and withdraws the appearance of Katherine Morgan as counsel for Defendants. Mailed notice (rj, )
March 21, 2022	Filing 98 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 3/24/22 and resets it to 3/29/22 at 9:30 a.m. for ruling on Defendants' motion to dismiss. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
March 17, 2022	Filing 97 NOTICE of Motion by Katherine Fletcher Morgan for presentment of motion to withdraw as attorney, #96 before Honorable Sara L. Ellis on 3/23/2022 at 09:45 AM. (Morgan, Katherine)
March 17, 2022	Filing 96 MOTION by Attorney Katherine F. Morgan to withdraw as attorney for Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams. No party information provided (Morgan, Katherine)
March 14, 2022	Filing 95 Notice by The City of Miami Fire Fighters' and Police Officers' Retirement Trust of Pending, Related, or Similar Action (Attachments: #1 Exhibit 1)(Malmstrom, Carl)
February 28, 2022	Filing 94 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the status date set for 3/15/22 and resets it to 3/24/22 at 1:30 p.m. for ruling on Defendants' motion to dismiss. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
January 13, 2022	Filing 93 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the ruling date set for 1/20/2022 and resets it to 3/15/2022 at 9:30 a.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
November 22, 2021	Filing 92 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the ruling date set for 12/2/2021 and resets it to 1/20/2022 at 1:30 p.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
October 26, 2021	Filing 91 MINUTE entry before the Honorable Sara L. Ellis: The Court strikes the ruling date set for 11/4/2021 and resets it to 12/2/2021 at 1:30 p.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
September 8, 2021	Filing 90 MINUTE entry before the Honorable Sara L. Ellis:The Court strikes the status hearing set for 9/22/2021 and resets it to 11/4/2021 at 1:30 p.m. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (air, )
August 25, 2021	Filing 89 NOTICE by Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams of Subsequent Event (Lape, Marcella)
August 12, 2021	Filing 88 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' unopposed motion for consolidation #86 . The Court consolidates Reese v. Carmichael, No. 21-cv-1631 (N.D. Ill.), with In re Fifth Third Bancorp Derivative Litigation, 20-cv-4115 (N.D. Ill.). No appearance required on 8/12/2021. Emailed notice (rj, )
August 9, 2021	Filing 87 Unopposed NOTICE of Motion by Marcella Louise Lape for presentment of motion to consolidate cases,, #86 before Honorable Sara L. Ellis on 8/12/2021 at 01:45 PM. (Lape, Marcella)
August 9, 2021	Filing 86 MOTION by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams to consolidate cases Reese v. Carmichael, No. 21-cv-1631 (N.D. Ill.), with In re Fifth Third Bancorp Derivative Litigation, No. 20-cv-4115 (Renewed, Unopposed) (Attachments: #1 Exhibit A)(Lape, Marcella)
June 21, 2021	Filing 85 REPLY by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams to motion to dismiss, #58 (Lape, Marcella)
June 11, 2021	Filing 84 NOTICE by Timothy W Brown of Change of Address (Brown, Timothy)
May 26, 2021	Filing 83 SEALED RESPONSE by Stephen Pemberton, Vince G. Meyer Trust to order on sealed motion, terminate deadlines and hearings #82 (Heffner, Matthew)
May 25, 2021	Filing 82 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiffs' motion for leave to file under seal #80 . Plaintiffs may file their response to Defendants' motion to dismiss under seal. Mailed notice (rj, )
May 19, 2021	Filing 81 NOTICE of Motion by Matthew Thomas Heffner for presentment of Sealed motion #80 before Honorable Sara L. Ellis on 5/26/2021 at 09:45 AM. (Heffner, Matthew)
May 19, 2021	Filing 80 SEALED MOTION by Plaintiffs Stephen Pemberton, Vince G. Meyer Trust Motion for Leave to File Opposition Response Under Seal (Attachments: #1 Ex. 1)(Heffner, Matthew)
May 19, 2021	Filing 79 RESPONSE by Stephen Pemberton, Vince G. Meyer Trustin Opposition to MOTION by Defendants Gary R Heminger, Emerson L Brumback, Greg D Carmichael, Eileen A Mallesch, Fifth Third Bancorp, Katherine B Blackburn, Tayfun Tuzun, C Bryan Daniels, Frank Forrest, Jewell D Hoover, Michael B McCallister, Marsha C Williams, Jerry W #58 REDACTED (Heffner, Matthew)
May 10, 2021	Filing 78 MINUTE entry before the Honorable Sara L. Ellis: Telephone Conference held on 5/10/2021. Motions to intervene #64 , #69 are denied without prejudice. Next status date set for 9/22/2021 for ruling on motion to dismiss. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (866) 434-5269, Access Code: 8087837. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please be sure to keep your phone on mute when you are not speaking. 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 (rj, )
April 12, 2021	Filing 77 NOTICE by Thomas Lameier re MOTION by Intervenor Thomas Lameier to intervene and Stay #69 Notice of Filing of Supplemental Authority (Attachments: #1 Exhibit A)(Prossnitz, Howard)
April 8, 2021	Filing 76 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 4/8/2021. Motion to reassign is GRANTED and consolidate is DENIED WITHOUT PREJUDICE or, in the alternative, stay Reese #61 and Reese case is stayed pending appeal. Motion to intervene #64 and motion to intervene #69 are entered and continued. Telephone conference set for 5/10/2021 at 9:45 AM to report on status of books and records demands in Ohio. No appearance required on 4/20/2021. The Parties are required to use the call-in number (866) 434-5269 and the access code is 8087837 to attend the hearing. Mailed notice (rj, )
April 8, 2021	Filing 75 ORDER: Motions for leave to appear pro hac vice #72 , and #73 are granted. Signed by the Honorable Sara L. Ellis on 4/8/2021. Mailed notice (lma, )
April 7, 2021	Filing 74 MINUTE entry before the Honorable Sara L. Ellis: Motion hearing held on 4/7/2021 regarding motion to reassign case #61 and continued to 4/8/2021 at 1:45 PM. The call-in number is (866) 434-5269 and the access code is 8087837. Mailed notice (rj, )
April 7, 2021	Filing 73 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18098030. Vincent Licata (Prossnitz, Howard)
April 7, 2021	Filing 72 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18097969. Timothy J. MacFall (Prossnitz, Howard)
April 7, 2021	Filing 71 NOTICE of Motion by Howard Brian Prossnitz for presentment of (Prossnitz, Howard)
April 7, 2021	Filing 70 MOTION by Intervenor Thomas Lameier, Plaintiff Thomas Lameier to intervene Memorandum of Law In Support of Motion to Intervene (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Prossnitz, Howard)
April 7, 2021	Filing 69 MOTION by Intervenor Thomas Lameier to intervene and Stay (Prossnitz, Howard)
April 2, 2021	Filing 68 ATTORNEY Appearance for Intervenor Todd Augenbaum by Michael J. Klein (Klein, Michael)
April 1, 2021	Filing 67 [Proposed] Order by Todd Augenbaum to Intervene (Ashman, Kenneth)
April 1, 2021	Filing 66 NOTICE of Motion by Kenneth J. Ashman, J for presentment of motion to intervene #64 before Honorable Sara L. Ellis on 4/8/2021 at 01:45 PM. (Ashman, Kenneth)
April 1, 2021	Filing 65 MEMORANDUM by Todd Augenbaum in support of motion to intervene #64 (Ashman, Kenneth)
April 1, 2021	Filing 64 MOTION by Intervenor Todd Augenbaum to intervene (Permissive Intervention) (Ashman, Kenneth)
April 1, 2021	Filing 63 ATTORNEY Appearance for Intervenor Todd Augenbaum by Kenneth J. Ashman, J (Ashman, Kenneth)
March 30, 2021	Filing 62 NOTICE of Motion by Marcella Louise Lape for presentment of motion to reassign case, #61 before Honorable Sara L. Ellis on 4/7/2021 at 09:45 AM. (Lape, Marcella)
March 30, 2021	Filing 61 MOTION by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams to reassign case and Consolidate or in the Alternative to Stay, Reese v. Carmichael 21-cv-1621 (Lape, Marcella)
March 29, 2021	Filing 60 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion for leave to file excess pages #56 . Defendants' brief shall not exceed 40 pages, Plaintiffs' response brief shall not exceed 40 pages, and Defendants' reply brief shall not exceed 20 pages. Mailed notice (rj, )
March 22, 2021	Filing 59 MEMORANDUM by Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams in support of motion to dismiss, #58 (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Lape, Marcella)
March 22, 2021	Filing 58 MOTION by Defendants Gary R Heminger, Emerson L Brumback, Greg D Carmichael, Eileen A Mallesch, Fifth Third Bancorp, Katherine B Blackburn, Tayfun Tuzun, C Bryan Daniels, Frank Forrest, Jewell D Hoover, Michael B McCallister, Marsha C Williams, Jerry W Burris, Akins K Nicholas, Thomas H Harvey, Jorge L Benitez to dismiss Plaintffs' Consolidated Complaint Dkt. 47 (Lape, Marcella)
March 18, 2021	Filing 57 (Agreed) NOTICE of Motion by Marcella Louise Lape for presentment of motion for leave to file excess pages, #56 before Honorable Sara L. Ellis on 3/30/2021 at 09:45 AM. (Lape, Marcella)
March 18, 2021	Filing 56 MOTION by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams for leave to file excess pages (Agreed) (Lape, Marcella)
February 23, 2021	Filing 55 MINUTE entry before the Honorable Sara L. Ellis: Telephone conference held on 2/23/2021. Defendants' motion for a staged briefing schedule #52 is denied. Mailed notice (rj, )
February 22, 2021	Filing 54 RESPONSE by William Cox, Merrill Dill, Vince G. Meyer Trustin Opposition to MOTION by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins #52 (Heffner, Matthew)
February 18, 2021	Filing 53 NOTICE of Motion by Marcella Louise Lape for presentment of motion for miscellaneous relief, #52 before Honorable Sara L. Ellis on 2/23/2021 at 09:45 AM. (Lape, Marcella)
February 18, 2021	Filing 52 MOTION by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams for a Staged Briefing Schedule (Attachments: #1 Declaration of Marcella L. Lape, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration)(Lape, Marcella)
January 25, 2021	Filing 51 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiffs' motion for leave to file their amended complaint under seal #48 . Mailed notice. (rj, )
January 20, 2021	Filing 50 NOTICE of Motion by Matthew Todd Hurst for presentment of Sealed motion #48 before Honorable Sara L. Ellis on 1/26/2021 at 09:45 AM. (Hurst, Matthew)
January 20, 2021	Filing 49 AFFIDAVIT by Plaintiffs William Cox, Merrill Dill, Vince G. Meyer Trust in Support of SEALED MOTION by Plaintiffs William Cox, Merrill Dill, Vince G. Meyer Trust #48 (Attachments: #1 Exhibit Ex. 1)(Hurst, Matthew)
January 20, 2021	Filing 48 SEALED MOTION by Plaintiffs William Cox, Merrill Dill, Vince G. Meyer Trust (Attachments: #1 Exhibit Unredacted Consolidated Amended Complaint)(Hurst, Matthew)
January 20, 2021	Filing 47 Consolidated AMENDED complaint by Merrill Dill, William Cox, Vince G. Meyer Trust against All Defendants (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5)(Hurst, Matthew)
December 15, 2020	Filing 46 MINUTE entry before the Honorable Sara L. Ellis: The Court grants Plaintiffs' motion for extension of time #44 . Plaintiffs should file their consolidated complaint by 1/20/2021. The Court modifies Defendants' motion to dismiss briefing schedule as follows: Defendants' motion is due by 3/22/2021; Plaintiffs' response is due by 5/19/2021; and Defendants' reply is due by 6/18/2021. The Court strikes the ruling date of 8/23/2021 and resets it to 9/22/2021 at 9:30 a.m. Mailed notice (rj, )
December 11, 2020	Filing 45 NOTICE of Motion by Matthew Todd Hurst for presentment of extension of time #44 before Honorable Sara L. Ellis on 12/16/2020 at 09:45 AM. (Hurst, Matthew)
December 11, 2020	Filing 44 MOTION by Plaintiff Stephen Pemberton for extension of time for Plaintiffs to File Consolidated Complaint and to Adjust Briefing Schedule for Defendants' Anticipated Motion to Dismiss (Hurst, Matthew)
October 7, 2020	Filing 43 ATTORNEY Appearance for Plaintiffs William Cox, Merrill Dill by Christopher M. Lash (Lash, Christopher)
October 7, 2020	Filing 42 ATTORNEY Appearance for Plaintiffs William Cox, Merrill Dill by Nina Varindani (Varindani, Nina)
October 6, 2020	Filing 41 ATTORNEY Appearance for Plaintiffs William Cox, Merrill Dill by Kyle Alan Shamberg (Shamberg, Kyle)
October 5, 2020	Filing 40 MINUTE entry before the Honorable Sara L. Ellis: In light of the parties' joint status report, the Court strikes the status date set for 10/6/2020 and resets it to 8/23/2021 at 9:30 a.m. for ruling on Defendants' motion to dismiss. Plaintiffs should file their consolidated complaint by 12/15/2020. The Court sets the following briefing schedule on Defendants' motion to dismiss: Defendants' motion is due by 2/12/2021; Plaintiffs' response is due by 4/13/2021; and Defendants' reply is due by 5/13/2021. The Court stays discovery pending ruling on Defendants' motion to dismiss. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning 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 (rj, )
October 1, 2020	Filing 39 STATUS Report (Joint Initial) by Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Frank Forrest, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams (Lape, Marcella)
September 22, 2020	Filing 38 MINUTE entry before the Honorable Sara L. Ellis: The Court grants the parties' motion to reassign for relatedness and consolidate #36 . The Court reassigns Hansen v. Carmichael, No. 20-cv-5339 (N.D. Ill.), and consolidates it with In re Fifth Third Bancorp Derivative Litigation, 20-cv-4115. Mailed notice (rj, )
September 18, 2020	Filing 37 Agreed NOTICE of Motion by Marcella Louise Lape for presentment of motion to reassign case, #36 before Honorable Sara L. Ellis on 9/23/2020 at 09:45 AM. (Lape, Marcella)
September 18, 2020	Filing 36 MOTION by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams to reassign case and Consolidate, Hansen v. Carmichael 20-cv-5339 (Agreed) (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Lape, Marcella)
September 10, 2020	Filing 35 MINUTE entry before the Honorable Sara L. Ellis: The Court denies Wayne County Employees' Retirement System's motion for intervention, reconsideration, and to stay proceedings #20 without prejudice. Wayne County's motion did not attach "a pleading that sets out the claim or defense for which" Wayne County seeks intervention, as Federal Rule of Civil Procedure 24 requires. Fed. R. Civ. P. 24(c); Hankins v. Alpha Kappa Alpha Sorority, Inc., 447 F. Supp. 3d 672, 69192 (N.D. Ill. 2020) (failure to comply with Rule 24(c) alone justifies denying intervention). Wayne County may renew its motion at a later time, provided that the motion complies with Rule 24(c) and is accompanied by a proposed complaint setting forth the bases on which Wayne County seeks to intervene. Because the Court is not permitting Wayne County to become a party to this litigation at this time, it also denies Wayne County's request for reconsideration of the Court's appointment of Lead Counsel and its request to stay the proceedings. See Dickinson v. Petroleum Conversion Corp., 338 U.S. 507, 513 (1950) ("When the application for intervention is denied, the would-be intervenor is foreclosed from further action in the case and its proceedings cannot affect him nor can he affect them."). If Wayne County renews its motion to intervene, it may renew these requests at that time. Mailed notice (rj, )
August 28, 2020	Filing 34 DECLARATION of Phillip Kim regarding response in opposition to motion #33 of Wayne County Employees' Retirement System for intervention, reconsideration and stay (Attachments: #1 Exhibit Ex. A)(Hurst, Matthew)
August 28, 2020	Filing 33 RESPONSE by Stephen Pembertonin Opposition to MOTION by Intervenor Wayne County Employees' Retirement System to intervene and Stay Proceedings #20 (Hurst, Matthew)
August 24, 2020	Filing 32 MINUTE entry before the Honorable Sara L. Ellis: The Court grants the parties' motion to reassign for relatedness and consolidate #29 . The Court reassigns Cox v. Carmichael, No. 20-cv-4660 (N.D. Ill.), and consolidates it with In re Fifth Third Bancorp Derivative Litigation, 20-cv-4115. Mailed notice (rj, )
August 24, 2020	Filing 31 MINUTE entry before the Honorable Sara L. Ellis: The parties are required to file the joint initial status report by 10/1/2020. Mailed notice (rj, )
August 18, 2020	Filing 30 Agreed NOTICE of Motion by Charles F. Smith, Jr for presentment of motion to reassign case, #29 before Honorable Sara L. Ellis on 8/25/2020 at 09:30 AM. (Smith, Charles)
August 18, 2020	Filing 29 MOTION by Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams, Frank Forrest to reassign case and Consolidate, Cox v. Carmichael 20-cv-4660 (Agreed) (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Smith, Charles)
August 14, 2020	Filing 28 RESPONSE by Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams to MOTION by Intervenor Wayne County Employees' Retirement System to intervene and Stay Proceedings #20 (Smith, Charles)
August 13, 2020	Filing 27 MINUTE entry before the Honorable Sara L. Ellis: Unopposed motion for extension of time to respond to motion for intervention, reconsideration, and to stay proceedings #25 is granted. Plaintiff's response to Wayne County's motion is due by 8/28/2020; Wayne County's reply is due by 9/11/2020. Hearing date of 8/25/2020 is cancelled. Mailed notice (rj, )
August 12, 2020	Filing 26 NOTICE of Motion by Matthew Todd Hurst for presentment of motion for extension of time to file response/reply #25 before Honorable Sara L. Ellis on 8/25/2020 at 09:30 AM. (Hurst, Matthew)
August 12, 2020	Filing 25 MOTION by Plaintiff Stephen Pemberton for extension of time to file response/reply as to terminate hearings,,,,,,, set/reset hearings,,,,,,, set motion and R&R deadlines/hearings,,,,,, #24 , motion to intervene #20 (Hurst, Matthew)
August 3, 2020	Filing 24 MINUTE entry before the Honorable Sara L. Ellis: The Court orders the parties to file a response to Wayne County Employees' Retirement System has motion for intervention, reconsideration, and to stay proceedings #20 by 8/14/2020. Movant's reply is due by 8/28/2020. The Court stays these proceedings pending ruling on Movant's motion #20 . The Court strikes the status date set for 9/16/2020 and resets it to 10/6/2020 at 9:30 a.m. (via teleconference) for ruling on Movant's motion. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning 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 (rj, )
July 31, 2020	Filing 23 ATTORNEY Appearance for Intervenor Wayne County Employees' Retirement System by Mark Stanley Hamill (Hamill, Mark)
July 30, 2020	Filing 22 ATTORNEY Appearance for Intervenor Wayne County Employees' Retirement System by Adam J. Levitt (Levitt, Adam)
July 30, 2020	Filing 21 ATTORNEY Appearance for Intervenor Wayne County Employees' Retirement System by Peter E. Borkon (Borkon, Peter)
July 30, 2020	Filing 20 MOTION by Intervenor Wayne County Employees' Retirement System to intervene and Stay Proceedings (Attachments: #1 Notice of Filing)(Levitt, Adam)
July 29, 2020	Filing 19 ORDER: The Court grants the parties' motion for consolidation, appointment of leadership structure for Plaintiffs' counsel in the consolidated action, and for extension of time to answer or otherwise plead #16 . The Court consolidates Stephen Pemberton v. Greg D. Carmichael, et al., Case No. 1:20-cv-04115 ("Pemberton Action") and Vince G. Meyer, As Trustee Of The Vince G. Meyer Trust v. Greg D. Carmichael, et al., Case No. 1:20-cv-04244 ("Meyer Action"). The Pemberton and Meyer consolidated action will be known as In Re Fifth Third Bankcorp Derivative Litigation, 20-cv-4115. The Court appoints The Rosen Law Firm, P.A. and the Brown Law Firm, P.C. as co-lead counsel and Heffner Hurst as liaison counsel for Plaintiffs in the consolidated action. The Court will set a responsive pleading date for Defendants once the Court has received a proposed schedule from the parties. The Court sets the initial status date for 9/16/2020 at 9:30 a.m., with a joint initial status report due by 9/1/2020. The Court strikes any previously set dates. Signed by the Honorable Sara L. Ellis on 7/29/2020. Mailed notice. (sxb, )
July 29, 2020	Filing 18 MINUTE entry before the Honorable Sara L. Ellis: Telephonic motion hearing set for 7/31/2020 at 9:30 a.m. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (866) 434-5269 and the access code is 8087837. Counsel of record will receive an email the morning 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 (rj, )
July 28, 2020	Filing 17 NOTICE of Motion by Matthew Todd Hurst for presentment of motion to consolidate cases #16 before Honorable Sara L. Ellis on 7/31/2020 at 09:30 AM. (Hurst, Matthew)
July 28, 2020	Filing 16 MOTION by Plaintiff Stephen Pemberton to consolidate cases and appoint a leadership structure (Attachments: #1 Exhibit Ex A - RLF Firm Resume, #2 Exhibit Ex. B - BLF Resume)(Hurst, Matthew)
July 27, 2020	Filing 15 EXECUTIVE COMMITTEE ORDER: In accordance with the provisions of Local Rule 40.4 of this Court, I find the above captioned case, presently pending on the calendar of Judge Joan B. Gottschall to be related to 20-cv-2176 which is pending on my calendar. Accordingly, I request that the Executive Committee order said case to be reassigned to my calendar as a related case. Case reassigned to the Honorable Sara L. Ellis for all further proceedings. Honorable Joan B. Gottschall no longer assigned to the case. Signed by Executive Committee on 7/27/2020. (ph, )
July 22, 2020	Filing 14 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Fifth Third Bancorp (Lape, Marcella)
July 22, 2020	Filing 13 ATTORNEY Appearance for Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams by Daniel James Scime (Scime, Daniel)
July 22, 2020	Filing 12 ATTORNEY Appearance for Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams by Katherine Fletcher Morgan (Morgan, Katherine)
July 22, 2020	Filing 11 ATTORNEY Appearance for Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams by Marcella Louise Lape (Lape, Marcella)
July 22, 2020	Filing 10 ATTORNEY Appearance for Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams by Charles F. Smith, Jr (Smith, Charles)
July 17, 2020	Filing 9 MINUTE entry before the Honorable Joan B. Gottschall: Attorney Phillip Kim's motion to appear pro hac vice #4 on behalf of the plaintiff is granted. Attorney Timothy Brown's motion to appear pro hac vice #6 on behalf of the plaintiff is granted. Mailed notice (mjc, )
July 17, 2020	Filing 8 ORDER: An initial status report and, if appropriate, case management plan is due on or before September 11, 2020. The parties are directed to consult Judge Gottschall's website for specific requirements for all written status reports and for the discovery plans. In conformity with Fifth Amended General Order 20-12 and due to the need for social distancing during the COVID-19 pandemic, this court is ordering written status reports instead of routine oral status hearings. This includes initial status hearings and scheduling conferences under Fed. R. Civ. P. 16(b). See Judge Gottschall's website for the procedure for requesting a hearing. No Rule 26(f) discovery plan should be submitted until all defendants have been served. If all defendants have not been served by the deadline for filing an initial status report, the report should so state and propose a deadline for filing a discovery plan. The parties are directed to discuss settlement and whether they consent to proceed before the Magistrate Judge. They are further directed to meet and confer regarding a proposed discovery plan. See Judge Gottschall's civil case management packet regarding pretrial case management procedures at: http://www.ilnd.uscourts.gov. Signed by the Honorable Joan B. Gottschall on 7/17/2020. Mailed notice(mjc, )
July 17, 2020	Filing 7 SUMMONS Returned Executed by Stephen Pemberton as to Fifth Third Bancorp on 7/15/2020, answer due 8/5/2020. (Hurst, Matthew)
July 15, 2020	Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17216826. (brown, timothy)
July 14, 2020	Filing 4 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17216361. on behalf of Plaintiff Stephen Pemberton (Kim, Phillip)
July 14, 2020	CASE ASSIGNED to the Honorable Joan B. Gottschall. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (sxh, )
July 14, 2020	SUMMONS Issued as to Defendants Jorge L Benitez, Katherine B Blackburn, Emerson L Brumback, Jerry W Burris, Greg D Carmichael, C Bryan Daniels, Fifth Third Bancorp, Thomas H Harvey, Gary R Heminger, Jewell D Hoover, Eileen A Mallesch, Michael B McCallister, Akins K Nicholas, Tayfun Tuzun, Marsha C Williams, (ng, )
July 13, 2020	Filing 3 ATTORNEY Appearance for Plaintiff Stephen Pemberton by Matthew Thomas Heffner (Heffner, Matthew)
July 13, 2020	Filing 2 CIVIL Cover Sheet (Heffner, Matthew)
July 13, 2020	Filing 1 COMPLAINT filed by Stephen Pemberton; Jury Demand. Filing fee $ 400, receipt number 0752-17211095. (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Verification)(Heffner, Matthew)

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Search for this case: Pemberton v. Fifth Third Bancorp. et al.,
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Defendant: Tayfun Tuzun
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Marsha C Williams
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Gary R Heminger
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Jerry W Burris
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: C Bryan Daniels
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Michael B McCallister
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Emerson L Brumback
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Jewell D Hoover
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Akins K Nicholas
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Eileen A Mallesch
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Greg D Carmichael
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Thomas H Harvey
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Katherine B Blackburn
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Fifth Third Bancorp
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Jorge L Benitez
Represented By:	Charles F. Smith, Jr.
Represented By:	Marcella Louise Lape
Represented By:	Katherine Fletcher Morgan
Represented By:	Daniel James Scime
Represented By:	Alexander James Kasparie
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Defendant: Frank Forrest
Represented By:	Marcella Louise Lape
Represented By:	Alexander James Kasparie
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Plaintiff: Stephen Pemberton
Represented By:	Matthew Thomas Heffner
Represented By:	Phillip C Kim
Represented By:	timothy w brown
Represented By:	Matthew Todd Hurst
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Plaintiff: Merrill Dill
Represented By:	Kyle Alan Shamberg
Represented By:	Christopher M. Lash
Represented By:	Nina Varindani
Represented By:	Matthew Todd Hurst
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Plaintiff: William Cox
Represented By:	Kyle Alan Shamberg
Represented By:	Christopher M. Lash
Represented By:	Nina Varindani
Represented By:	Matthew Todd Hurst
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Plaintiff: Vince G. Meyer Trust
Represented By:	Matthew Todd Hurst
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Plaintiff: Peter Hansen
Represented By:	Matthew Todd Hurst
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Intervenor: Wayne County Employees' Retirement System
Represented By:	Adam J. Levitt
Represented By:	Peter E. Borkon
Represented By:	Mark Stanley Hamill
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Intervenor: Thomas Lameier
Represented By:	Timothy J. Macfall
Represented By:	Howard Brian Prossnitz
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Intervenor: Todd Augenbaum
Represented By:	Kenneth J. Ashman, J.
Represented By:	Michael J. Klein
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