Arroyo et al v. Fifth Third Bank, N.A.
| Rogelio Arroyo and Yolanda Ramos |
| Fifth Third Bank, N.A. |
| 1:2022cv04482 |
| August 23, 2022 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Ronald A Guzman |
| Young B Kim |
| Other Statutory Actions |
| Both |
Docket Report
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This docket was last retrieved on April 10, 2023. A more recent docket listing may be available from PACER.
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| Filing 43 ENTERED JUDGMENT. Mailed notice. (kp, ) |
| Filing 42 MINUTE entry before the Honorable Young B. Kim: In light of the dismissal of the case with prejudice (see R. 41), this court's March 31, 2023 order (R. 39; R. 40) is stricken. All matters relating to the referral of this action having been concluded, the referral is closed and the case is returned to the assigned District Judge. Mailed notice (ec ) |
Filing 41
ORDER: Defendant's motion to dismiss the complaint #24 is granted. Plaintiffs' amended complaint is dismissed with prejudice for failure to state an Electronic Fund Transfer Act claim. The dismissal is without prejudice to Plaintiffs' raising any potential state-law claims in an appropriate forum. Civil case terminated. Signed by the Honorable Ronald A. Guzman on 4/10/2023. Mailed notice. (kp, )
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Filing 40
ORDER. Signed by the Honorable Young B. Kim on 3/31/2023. Mailed notice. (pk, )
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| Filing 39 MINUTE entry before the Honorable Young B. Kim: The court has reviewed the parties' joint status report and grants in part and overrules in part their objections. Enter Order. Parties are to comply with this order by April 14, 2023. Written discovery is now closed, except for supplementing earlier discovery responses as ordered herein and required under Rule 26(e) and serving requests to admit and subpoenas for records. If the parties wish to serve supplemental written discovery requests, they must seek leave of court by filing a motion and attaching the proposed set of supplemental requests as an exhibit to the motion. Parties are reminded that they have until May 18, 2023, to complete all fact discovery. Mailed notice. (pk, ) |
| Filing 38 AMENDED motion for miscellaneous relief #37 Amended Joint Status Report on Disputed Written Discovery Issues to Include Exhibits (Attachments: #1 Exhibit A- Plaintiffs' Discovery Requests, #2 Exhibit B -Defendant's Discovery Requests, #3 Exhibit C - Plaintiffs' Discovery Responses, #4 Exhibit D - Defendant's Discovery Responses, #5 Exhibit E - Defendant's Initial Disclosures, #6 Exhibit F - Email Correspondence)(Marco, David) |
| Filing 37 STATUS Report on Disputed Written Discovery Issues (Joint) by Rogelio Arroyo, Yolanda Ramos (Marco, David) |
| Filing 36 MINUTE entry before the Honorable Young B. Kim: Defendant's unopposed motion for extension of time #35 is granted. Parties now have until March 21, 2023, to file the status report ordered on January 19, 2023. This is a firm deadline because the court needs to resolve any remaining written discovery issues as expeditiously as possible so that the parties may move forward with and complete all fact discovery by May 18, 2023, (see R. 28). Mailed notice (Kim, Young) |
| Filing 35 MOTION by Defendant Fifth Third Bank, N.A. for extension of time to File the Joint Status Report (UNOPPOSED) (Morrissey, Anna) |
| Filing 34 MINUTE entry before the Honorable Young B. Kim: Plaintiff's unopposed motion for extension of time #33 is granted. Parties now have until March 17, 2023, to file the status report ordered on January 19, 2023. Mailed notice (Kim, Young) |
| Filing 33 MOTION by Plaintiffs Rogelio Arroyo, Yolanda Ramos for extension of time by one week to file Joint Status Report on Discovery Issues [UNOPPOSED] (Marco, David) |
| Filing 32 REPLY by Fifth Third Bank, N.A. to response to motion #31 to Dismiss (Wright, Alexander) |
| Filing 31 RESPONSE by Rogelio Arroyo, Yolanda Ramos to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank, N.A. #24 (Marco, David) |
| Filing 30 MINUTE entry before the Honorable Young B. Kim: In light of the January 18, 2023 order (R. 28), the parties are ordered to adhere to the following written discovery schedule: (1) serve answers to written discovery requests---which have already been served on each side (R. 26 at 2)---by February 17, 2023; (2) confer about the adequacy of the discovery responses by March 3, 2023; and (3) file a joint status report identifying each side's written discovery issues (must identify the specific interrogatories and requests to produce), along with the relevant written discovery responses as exhibits, by March 10, 2023. The court will not consider general objections to written discovery requests if the court must address and rule on written discovery disputes. If the parties do not have any disputed written discovery issues, a status report is not required. Pursuant to Rule of Evidence 502(d), this court orders that inadvertent disclosures of attorney-client privileged and attorney work materials will not constitute a waiver of the associated privilege. The court further orders that upon written notification (including emails) from the opposing side that an inadvertent disclosure has occurred, the party shall return and/or destroy the materials at issue or file a motion for a determination on the claimed privilege within seven calendar days of the written notification. Mailed notice (ec) |
| Filing 29 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Young B. Kim for the purpose of holding proceedings related to and all discovery disputes without authority to extend the discovery cutoff date. Mailed notice. (kp, ) |
| Filing 28 MINUTE entry before the Honorable Ronald A. Guzman: In-person status hearing held on 1/18/2023 and continued to 5/23/2023 at 10:30 a.m. All fact discovery shall be completed by 5/18/2023. Discovery supervision and all discovery motions and discovery disputes, including requests for and entry of any protective orders, are referred to the magistrate judge without authority to extend discovery deadlines. Mailed notice. (kp, ) |
| Filing 27 MINUTE entry before the Honorable Ronald A. Guzman: Plaintiffs shall respond to Defendant's motion to dismiss #24 by 2/2/2023. Any reply shall be filed by 2/16/2023. The status set for 1/18/2023 at 9:00 AM is stricken and reset to 1/18/2023 at 11:00 a.m. (TIME CHANGE ONLY). Instead of being a telephonic hearing as previously stated in open court, the hearing will be in person. Mailed notice. (kp, ) |
| Filing 26 MOTION by Defendant Fifth Third Bank, N.A. to stay Temporary Stay of Discovery (Morrissey, Anna) |
| Filing 25 MEMORANDUM by Fifth Third Bank, N.A. in support of Motion to Dismiss for Failure to State a Claim #24 (Morrissey, Anna) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank, N.A. (Morrissey, Anna) |
| Filing 23 STATUS Report by Rogelio Arroyo, Yolanda Ramos (Marco, David) |
| Filing 22 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 21
ORDER OF THE EXECUTIVE COMMITTEE. The Honorable Gary S. Feinerman will resign his Commission as a United States District Judge effective December 31, 2022. IT IS HEREBY ORDERED That the civil cases on the attached list are to be reassigned to the other judges of this Court as indicated, pursuant to Local Rule 40.1(f). IT IS ALSO ORDERED That any civil case that was assigned to the Honorable Gary S. Feinerman and may require further judicial action in the future, shall be reassigned by lot to a judge of this Court. Case reassigned to the Honorable Ronald A. Guzman for all further proceedings. Honorable Gary Feinerman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 12/28/2022. (ph, )
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| Filing 20 NOTICE by Larry Paul Smith of Change of Address (Smith, Larry) |
| Filing 19 MINUTE entry before the Honorable Gary Feinerman:Given the filing of an amended complaint #18 , the motion to dismiss #14 is denied as moot. The amended complaint is Plaintiffs' sole amendment of right. Defendant shall file a responsive pleading by 1/12/2023. Mailed notice. (jlj, ) Modified on 12/28/2022 (jlj, ). |
| Filing 18 First AMENDED complaint by Rogelio Arroyo, Yolanda Ramos against Fifth Third Bank, N.A. (Attachments: #1 Exhibit A-Check No. 208, #2 Exhibit B-Check No. 209, #3 Exhibit C-Check No. 210, #4 Exhibit D-Check No. 211)(Marco, David) |
| Filing 17 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Alexander Nicholas Wright (Wright, Alexander) |
| Filing 16 MINUTE entry before the Honorable Gary Feinerman:Motion to dismiss #14 is entered and continued to 1/18/2023 at 9:00 a.m. Plaintiffs shall respond to the motion by 12/19/2022; Defendant shall reply by 1/9/2023. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, 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. (jlj, ) |
| Filing 15 MEMORANDUM by Fifth Third Bank, N.A. in support of Motion to Dismiss for Failure to State a Claim #14 (Attachments: #1 Exhibit A, #2 Exhibit B)(Morrissey, Anna) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank, N.A. (Morrissey, Anna) |
| Filing 13 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #12 is granted. The deadline for Defendant to file a responsive pleading is extended to 11/22/2022. Mailed notice. (jlj, ) |
| Filing 12 MOTION by Defendant Fifth Third Bank, N.A. for extension of time to file answer regarding complaint #1 SECOND UNOPPOSED (Morrissey, Anna) |
| Filing 11 MINUTE entry before the Honorable Gary Feinerman: Rule 26(a)(1) disclosures shall be served by 11/15/2022. Written discovery requests shall be served by 12/28/2022. Motions to amend the pleadings and add new parties shall be filed by 2/10/2023. Fact discovery shall be completed by 5/12/2023. Plaintiff's Rule 26(a)(2) disclosures shall be served by 6/9/2023. Defendant's Rule 26(a)(2) disclosures shall be served by 7/7/2023. Experts shall be deposed by 8/11/2023. Dispositive motions shall be filed by 9/8/2023. The status hearing set for 10/24/2022 #5 is stricken and re-set for 1/18/2023 at 9:00 a.m. By 1/11/2023, the parties shall file a joint status report addressing: (1) the discovery they have completed; (2) the discovery that remains to be taken; (3) any foreseeable obstacles to meeting the deadlines set forth in this order; (4) whether both sides would like a settlement conference with the Magistrate Judge; and (5) whether there is a need for the 1/18/2023 status hearing. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, 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. (jlj, ) |
| Filing 10 REPORT of Rule 26(f) Planning Meeting by Rogelio Arroyo, Yolanda Ramos (Marco, David) |
| Filing 9 MINUTE entry before the Honorable Gary Feinerman:Motion for extension of time to answer #8 is granted. The deadline for Defendant to file a responsive pleading is extended to 11/1/2022. Mailed notice. (jlj, ) |
| Filing 8 MOTION by Defendant Fifth Third Bank, N.A. for extension of time to file answer regarding complaint #1 (Morrissey, Anna) |
| Filing 7 Corporate Disclosure STATEMENT by Fifth Third Bank, N.A. (Morrissey, Anna) |
| Filing 6 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Anna S. Morrissey (Morrissey, Anna) |
| SUMMONS Issued as to Defendant Fifth Third Bank, N.A. (smb, ) |
| Filing 5 MINUTE entry before the Honorable Gary Feinerman:Initial status hearing set for 10/24/2022 at 9:00 a.m. Initial Status Report shall be filed by 10/17/2022. Please see Judge Feinerman's web page (http://www.ilnd.uscourts.gov) for details on the Initial Status Hearing and Initial Status Report. Attorneys/Parties should appear for the hearing by calling the Toll-Free Number: (877) 336-1828, Access Code: 4082461. Members of the public and media will be able to call in to listen to this hearing (use toll free number). Please, 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. (jlj, ) |
| Filing 4 ATTORNEY Appearance for Plaintiffs Rogelio Arroyo, Yolanda Ramos by Larry Paul Smith (Smith, Larry) |
| Filing 3 ATTORNEY Appearance for Plaintiffs Rogelio Arroyo, Yolanda Ramos by David M. Marco (Marco, David) |
| Filing 2 CIVIL Cover Sheet (Marco, David) |
| Filing 1 COMPLAINT with Jury Demand filed by Rogelio Arroyo, Yolanda Ramos; Jury Demand. Filing fee $ 402, receipt number AILNDC-19769725.(Marco, David) |
| CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (kra, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (kra, ) |
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