CHERRY et al v. BMO HARRIS BANK, N.A.
Plaintiff: KIMBERLY L. CHERRY and PATRICK L. CHERRY
Defendant: BMO HARRIS BANK, N.A.
Case Number: 1:2019cv04003
Filed: September 24, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Matthew P Brookman
Referring Judge: Richard L Young
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 6, 2020 Filing 38 NOTICE Preliminary Witness and Exhibit Lists, filed by Defendant BMO HARRIS BANK, N.A. (Bradley, Jacob)
March 4, 2020 Opinion or Order Filing 37 NOTICE AND ORDER - TELEPHONIC STATUS CONFERENCE set for August 7, 2020, is hereby RESCHEDULED for AUGUST 3, 2020 at 10:30 a.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 3/4/2020.(AAS)
February 24, 2020 Filing 36 Witness List (Preliminary), filed by Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY, Exhibit List (Preliminary), filed by Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY. (Morse, John)
February 11, 2020 Filing 35 REPLY in Support of Motion re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant BMO HARRIS BANK, N.A.. (Bradley, Jacob)
February 7, 2020 Opinion or Order Filing 34 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Initial Pretrial Conference held on 2/7/2020. Dispositive Motions due by 3/24/2021. Discovery due by 1/24/2020. Settlement Conference set for 10/7/2020 at 09:00 AM (Eastern Time) in room #316, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Matthew P. Brookman. Status Conference set for 8/7/2020 at 11:00 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 2/7/2020.(TMB)
February 4, 2020 Filing 33 RESPONSE in Opposition re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY. (Attachments: #1 Exhibit A)(Morse, John)
January 21, 2020 Opinion or Order Filing 31 ORDER SETTING TELEPHONIC INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 2/7/2020 at 11:00 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed for counsel to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/21/2020.(JRB)
January 14, 2020 Filing 30 BRIEF/MEMORANDUM in Support re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant BMO HARRIS BANK, N.A.. (Bradley, Jacob)
January 14, 2020 Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant BMO HARRIS BANK, N.A.. (Attachments: #1 Text of Proposed Order)(Bradley, Jacob)
January 10, 2020 Opinion or Order Filing 28 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/10/2020. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
December 30, 2019 Opinion or Order Filing 26 ORDER - #25 Unopposed MOTION for Extension of Time to 1/14/2020 to respond re #24 Amended Complaint is GRANTED. Signed by Magistrate Judge Matthew P. Brookman on 12/30/2019. (TMC)
December 23, 2019 Filing 25 Unopposed MOTION for Extension of Time to January 14, 2020 in which to #24 Amended Complaint , filed by Defendant BMO HARRIS BANK, N.A.. (Attachments: #1 Text of Proposed Order)(Bradley, Jacob)
December 17, 2019 Filing 24 AMENDED COMPLAINT against BMO HARRIS BANK, N.A., filed by All Plaintiffs. (Attachments: #1 Exhibit A)(Morse, John)
December 17, 2019 Filing 23 RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY. (Morse, John)
December 12, 2019 Opinion or Order Filing 22 MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Initial Pretrial Conference held on 12/12/2019. Status Conference set for 1/9/2020 at 02:30 PM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
December 9, 2019 Opinion or Order Filing 21 ORDER granting #20 Motion for Extension of Time to File Response to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Amend Complaint to 12/17/19.. Signed by Magistrate Judge Matthew P. Brookman on 12/9/2019. (JRB)
December 5, 2019 Filing 20 Unopposed MOTION for Extension of Time to File Response to 12/17/2019 re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Amend Complaint, filed by Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY. (Attachments: #1 Text of Proposed Order)(Morse, John)
December 5, 2019 Filing 19 Proposed Joint CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY . (Morse, John)
November 25, 2019 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File Response to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to 12/10/19. Signed by Magistrate Judge Matthew P. Brookman on 11/25/2019. (JRB)
November 21, 2019 Filing 16 Unopposed MOTION for Extension of Time to File Response to 12/10/2019 re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Amend Complaint, filed by Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY. (Attachments: #1 Text of Proposed Order)(Morse, John)
November 6, 2019 Opinion or Order Filing 15 ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 12/12/2019 at 12:00 PM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 11/6/2019.(JRB)
November 4, 2019 Filing 14 BRIEF/MEMORANDUM in Support re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant BMO HARRIS BANK, N.A.. (Attachments: #1 Text of Proposed Order)(Bradley, Jacob)
November 4, 2019 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant BMO HARRIS BANK, N.A.. (Bradley, Jacob)
October 22, 2019 Opinion or Order Filing 12 ORDER granting #9 Motion for Extension of Time to File a Response to Plaintiff's Complaint to 11/4/19. Signed by Magistrate Judge Matthew P. Brookman on 10/22/2019. (JRB)
October 21, 2019 Filing 11 NOTICE of Appearance by Jenna M. Shives on behalf of Defendant BMO HARRIS BANK, N.A.. (Shives, Jenna)
October 21, 2019 Filing 10 NOTICE of Appearance by Lucy Renee Dollens on behalf of Defendant BMO HARRIS BANK, N.A.. (Dollens, Lucy)
October 21, 2019 Filing 9 Unopposed MOTION for Extension of Time to November 4, 2019 in which to #1 Complaint , filed by Defendant BMO HARRIS BANK, N.A.. (Attachments: #1 Text of Proposed Order)(Bradley, Jacob)
October 21, 2019 Filing 8 Corporate Disclosure Statement by BMO HARRIS BANK, N.A. identifying Corporate Parent BMO FINANCIAL CORP, Corporate Parent BANK OF MONTREAL, Toronto, Canada for BMO HARRIS BANK, N.A... (Bradley, Jacob)
October 21, 2019 Filing 7 NOTICE of Appearance by Jacob V. Bradley on behalf of Defendant BMO HARRIS BANK, N.A.. (Bradley, Jacob)
September 24, 2019 Filing 6 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB)
September 24, 2019 Filing 5 Summons Issued as to BMO HARRIS BANK, N.A. (JRB)
September 24, 2019 Filing 4 NOTICE of Appearance by Rebekah L. Phillips on behalf of Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY. (Phillips, Rebekah)
September 24, 2019 Filing 3 Proposed Summons submitted for issuance by the clerk as to BMO HARRIS BANK, N.A.. (Morse, John)
September 24, 2019 Filing 2 NOTICE of Appearance by John Joseph Morse on behalf of Plaintiffs KIMBERLY L. CHERRY, PATRICK L. CHERRY. (Morse, John)
September 24, 2019 Filing 1 COMPLAINT against BMO HARRIS BANK, N.A., filed by All Plaintiffs. (Filing fee $400, receipt number 0756-5644524) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Morse, John)

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Defendant: BMO HARRIS BANK, N.A.
Represented By: Lucy Renee Dollens
Represented By: Jenna M. Shives
Represented By: Jacob V. Bradley
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Plaintiff: KIMBERLY L. CHERRY
Represented By: Rebekah L. Phillips
Represented By: John Joseph Morse
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Plaintiff: PATRICK L. CHERRY
Represented By: Rebekah L. Phillips
Represented By: John Joseph Morse
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