Reese v. Carmichael et al
| Robert L. Reese |
| James P. Hackett, Katherine B. Blackburn, Greg D Carmichael, B. Evan Bayh, III, Fifth Third Bancorp, Marsha C Williams, Gary R Heminger, Frank Forrest, Eileen A Mallesch, Darryl F. Allen, Emerson L Brumback, Jorge L Benitez, Tayfun Tuzun, Ulysses L. Bridgeman, Jr., Jerry W Burris, Hendrik G. Meijer, C Bryan Daniels, Nicholas K Akins, Jewell D Hoover, Michael B McCallister, Thomas H Harvey and Kevin T. Kabat |
| 1:2021cv01631 |
| March 25, 2021 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Sara L Ellis |
| Matthew F Kennelly |
| Securities/Commodities |
| 15 U.S.C. § 78 m(a) Securities Exchange Act |
| Plaintiff |
Docket Report
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Filing 32
MINUTE entry before the Honorable Sara L. Ellis: The Court grants Defendants' motion to dismiss 121 in related case of Stephen Pemberton v. Fifth Third Bancorp. et al., 20-cv-4115. The Court dismisses the amended complaint with prejudice. Civil case terminated. Mailed notice (rj, )
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Filing 31
ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, )
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Filing 30
EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Sara L. Ellis for all further proceedings. Honorable Matthew F. Kennelly no longer assigned to the case. Signed by Executive Committee on 4/22/2021. (bg, )
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Filing 29
MINUTE entry before the Honorable Matthew F. Kennelly: Based on the undersigned judge's review of the record in this case, it appears that counsel should promptly make a motion before Judge Ellis seeking a finding of relatedness to Case No. 20-cv-4115 pursuant to Local Rule 40.4. (mk)
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Filing 28
RECEIVED from Ohio Southern; Case Number 1:20-cv-00886 (rp)
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Filing 27
ORDER GRANTING MOTION TO TRANSFER VENUE OR STAY (Doc. #16 ). Signed by Judge Matthew W. McFarland on 03/24/2021. (kaf) [Transferred from Ohio Southern on 3/25/2021.]
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Case transferred Northern District of Illinois. Case file and docket sheet sent Electronically. (kaf) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 26
ORDER ON MOTION FOR A TEMPORARY STAY (Doc. #18 ): This case is hereby STAYED pending resolution of Defendants' motion to transfer (Doc. #16 ). Signed by Judge Matthew W. McFarland on 02/26/2021. (kaf) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 25
NOTICE OF WITHDRAWAL OF DOCUMENT by Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams re #22 Reply to Response to Motion,, (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 24
REPLY to Response to Motion re #16 MOTION to Change Venue Transfer Venue or Stay - Corrected filed by Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams. (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 23
REPLY to Response to Motion re #18 MOTION to Stay Temporarily Pending Resolution of Pending Motion to Transfer filed by Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams. (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 22
REPLY to Response to Motion re #16 MOTION to Change Venue Transfer Venue or Stay filed by Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams. (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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NOTATION ORDER: For good cause shown, Defendants' Unopposed Motion for Extension of Time (Doc. #21 ) is GRANTED. Defendants shall have until February 12, 2021 to file replies in support of their motions (Docs. #16 & #18 ). IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 02/01/2021. (kaf) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 21
Unopposed MOTION for Extension of Time to File Response/Reply New date requested 2/12/2021. by Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams. (Attachments: #1 Text of Proposed Order) (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 20
RESPONSE in Opposition re #18 MOTION to Stay Temporarily Pending Resolution of Pending Motion to Transfer filed by Plaintiff Robert L. Reese. (Biller, Andrew) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 19
RESPONSE in Opposition re #16 MOTION to Change Venue Transfer Venue or Stay filed by Plaintiff Robert L. Reese. (Attachments: #1 Exhibit Declaration of Benjamin Sachs-Michaels, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Biller, Andrew) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 18
MOTION to Stay Temporarily Pending Resolution of Pending Motion to Transfer by Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams. (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 17
NOTICE of Appearance by Marcella Lape for Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams (Lape, Marcella) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 16
MOTION to Change Venue Transfer Venue or Stay by Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams. (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 15
Corporate Disclosure Statement by Defendant Fifth Third Bancorp. (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 14
NOTICE of Appearance by Victor A Walton, Jr for Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams (Walton, Victor) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 13
NOTICE of Appearance by Wesley Abrams for Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams (Abrams, Wesley) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 12
NOTICE of Appearance by Jacob D. Mahle for Defendants Nicholas K. Akins, Darryl F. Allen, B. Evan Bayh, III, Jorge L. Benitez, Katherine B. Blackburn, Ulysses L. Bridgeman, Jr, Emerson L. Brumback, Jerry W. Burris, Greg D. Carmichael, C. Bryan Daniels, Fifth Third Bancorp, Frank Forrest, James P. Hackett, Thomas H. Harvey, Gary R. Heminger, Jewell D. Hoover, Kevin T. Kabat, Eileen A. Mallesch, Michael B. McCallister, Hendrik G. Meijer, Tayfun Tuzun, Marsha C. Williams (Mahle, Jacob) [Transferred from Ohio Southern on 3/25/2021.]
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NOTATION ORDER granting #11 Motion for Leave to Appear Pro Hac Vice of Benjamin I. Sachs-Michaels. Co-Counsel is directed to register for efiling through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 12/18/20. (eh) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 11
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-7881703) of Benjamin I. Sachs-Michaels by Plaintiff Robert L. Reese. (Kimble, Andrew) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 10
REDACTED COMPLAINT with JURY DEMAND against All Defendants, filed by Robert L. Reese. (Kimble, Andrew) Modified docket text on 12/17/2020 (eh). [Transferred from Ohio Southern on 3/25/2021.]
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Filing 9
ORDER GRANTING PLAINTIFF'S AMENDED MOTION TO SEAL (Doc. #7 ). Signed by Judge Matthew W. McFarland on 12/14/2020. (kaf) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 8
CERTIFICATE OF SERVICE by Plaintiff Robert L. Reese re #7 Amended MOTION to Seal Verified Shareholder Derivative Complaint and Permit Filing of Redacted Version Certificate of Service and Notice of Non-Opposition to Plaintiff's Amended Motion to Seal Verified Shareholder Derivative Complaint and Permit Filing of Redacted Version (Doc. 7) (Kimble, Andrew) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 7
Amended MOTION to Seal Verified Shareholder Derivative Complaint and Permit Filing of Redacted Version by Plaintiff Robert L. Reese. (Attachments: #1 Exhibit Redacted Complaint) (Kimble, Andrew) [Transferred from Ohio Southern on 3/25/2021.]
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Case unsealed per 11/19/2020 Notation Order. (kaf) [Transferred from Ohio Southern on 3/25/2021.]
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NOTATION ORDER: This matter is before the Court on Plaintiff's Motion to Clarify (Doc. #5 ). Since the majority of Plaintiff's concerns are addressed by the Court's Order on Plaintiff's Motion to Seal (Doc. #6 ), Plaintiff's Motion to Clarify is DENIED AS MOOT. The Complaint that is already filed (Doc. 1 ) shall remain sealed conditioned upon the Court granting a request by Plaintiff to file a redacted version of his Complaint under seal. However, the rest of this case is hereby ordered unsealed. Signed by Judge Matthew W. McFarland on 11/19/2020. (kaf) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 6
ORDER ON PLAINTIFF'S MOTION TO SEAL VERIFIED SHAREHOLDER DERIVATIVE COMPLAINT (Doc. #2 ): Plaintiff's Motion to Seal (Doc. #2 ) is DENIED. However, Plaintiff may still seek leave to file a version of his Complaint with the portions containing confidential proprietary information redacted. Such redactions must comply with the requirements set forth by the Sixth Circuit. See Shane Group, 825 F.3d at 305; Kondash, 767 F. App'x at 637. If Plaintiff so chooses, he must submit a motion and supporting memorandum (not to exceed five pages), along with the proposed redacted version his Complaint, within fourteen days of this Order. The Complaint that is already filed (Doc. 1 ) shall remain sealed conditioned upon the Court granting a request by Plaintiff to file a redacted version of his Complaint under seal. Signed by Judge Matthew W. McFarland on 11/20/2020. (kaf) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 5
MOTION to Clarify Order re #2 MOTION to Seal Document 1 Complaint by Plaintiff Robert L. Reese. (kl) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 4
WAIVER OF SERVICE Returned Executed. Waiver sent to Nicholas K. Akins on 11/10/2020, answer due 1/9/2021; Darryl F. Allen on 11/10/2020, answer due 1/9/2021; B. Evan Bayh, III on 11/10/2020, answer due 1/9/2021; Jorge L. Benitez on 11/10/2020, answer due 1/9/2021; Katherine B. Blackburn on 11/10/2020, answer due 1/9/2021; Ulysses L. Bridgeman, Jr on 11/10/2020, answer due 1/9/2021; Emerson L. Brumback on 11/10/2020, answer due 1/9/2021; Jerry W. Burris on 11/10/2020, answer due 1/9/2021; Greg D. Carmichael on 11/10/2020, answer due 1/9/2021; C. Bryan Daniels on 11/10/2020, answer due 1/9/2021; Fifth Third Bancorp on 11/10/2020, answer due 1/9/2021; Frank Forrest on 11/10/2020, answer due 1/9/2021; James P. Hackett on 11/10/2020, answer due 1/9/2021; Thomas H. Harvey on 11/10/2020, answer due 1/9/2021; Gary R. Heminger on 11/10/2020, answer due 1/9/2021; Jewell D. Hoover on 11/10/2020, answer due 1/9/2021; Kevin T. Kabat on 11/10/2020, answer due 1/9/2021; Eileen A. Mallesch on 11/10/2020, answer due 1/9/2021; Michael B. McCallister on 11/10/2020, answer due 1/9/2021; Hendrik G. Meijer on 11/10/2020, answer due 1/9/2021; Tayfun Tuzun on 11/10/2020, answer due 1/9/2021; Marsha C. Williams on 11/10/2020, answer due 1/9/2021. (kl) [Transferred from Ohio Southern on 3/25/2021.]
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If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (eh) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 3
Summons Issued as to All Defendants. (eh) [Transferred from Ohio Southern on 3/25/2021.]
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Filing 2
MOTION to Seal 1 Verified Shareholder Derivative Complaint by Plaintiff Robert L. Reese. (Attachments: #1 Text of Proposed Order) (eh) [Transferred from Ohio Southern on 3/25/2021.]
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Filing fee: $ 400.00, receipt number 100CIN040564 (eh) [Transferred from Ohio Southern on 3/25/2021.]
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