MARTIN et al v. FIFTH THIRD BANK
| DEBBRA MARTIN and BILLY MARTIN |
| FIFTH THIRD BANK |
| 3:2019cv00011 |
| January 17, 2019 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Richard L Young |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on November 15, 2021. A more recent docket listing may be available from PACER.
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Filing 65
ORDER OF DISMISSAL WITH PREJUDICE - WHEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that the above cause of action is dismissed with prejudice, each party to bear their own costs. Signed by Judge Richard L. Young on 11/15/2021.(AAS)
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| Filing 64 STIPULATION of Dismissal , as to Defendant FIFTH THIRD BANK, Plaintiffs BILLY MARTIN, DEBBRA MARTIN, filed by FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order Order of Dismissal with Prejudice)(Kreighbaum, John) |
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Filing 63
ORDER - The Court has been advised by counsel that a settlement has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within sixty days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge Matthew P. Brookman on 10/22/2021.(AAS)
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| Filing 62 NOTICE of Status of Case, filed by Defendant FIFTH THIRD BANK (Kreighbaum, John) |
| Filing 61 NOTICE of Mediation, filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN (Armstrong, Sacha) |
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Filing 60
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 5/13/2021. The parties are ORDERED to engage in a private mediation on or before October 20, 2021. On or before August 2, 2021, the parties shall file a Notice with the Court containing the date of the mediation and name of the mediator. Within seven (7) days of the date of the mediation, the mediator shall file a report with the Court. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 58
SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE on MAY 13, 2021 at 9:30 a.m., Evansville time (CDT), 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 4/30/2021.(JRB)
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Filing 57
ENTRY ON DEFENDANT'S MOTION TO PRECLUDE PLAINTIFFS' EXPERT TESTIMONY AND MOTION FOR SUMMARY JUDGMENT - Fifth Third's motion to preclude his testimony ( #39 is DENIED. Fifth Third's Motion for Summary Judgment #36 is alsoDENIED. SEE ORDER. Signed by Judge Richard L. Young on 3/30/2021. (JRB)
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Filing 56
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/15/2021. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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| Filing 54 Statement of Defenses by FIFTH THIRD BANK. (Kreighbaum, John) |
| Filing 53 Statement of Claims by All Plaintiffs. (Armstrong, Sacha) |
| Filing 52 REPLY in Support of Motion re #36 MOTION for Summary Judgment , filed by Defendant FIFTH THIRD BANK. (Kreighbaum, John) |
| Filing 51 REPLY in Support of Motion re #39 MOTION Objection to Testimony From Plaintiffs' Expert and Motion to Preclude Expert Testimony , filed by Defendant FIFTH THIRD BANK. (Kreighbaum, John) |
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Filing 50
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 6/12/2020. Telephonic Status Conference set for 1/15/2021 at 09:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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| Filing 49 RESPONSE in Opposition re #39 MOTION Objection to Testimony From Plaintiffs' Expert and Motion to Preclude Expert Testimony , filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Attachments: #1 Exhibit Exhibit 1 - Keith Bergman CV, #2 Exhibit Exhibit 2 - Keith Bergman Engineering Report, #3 Exhibit Exhibit 3 - Depo of Joan Mercer, #4 Exhibit Exhibit 4- Depo of Paula Schweizer, #5 Exhibit Exhibit 5 - Depo of Maegen Greenwell, #6 Exhibit Exhibit 6 - Affidavit of Keith Bergman, #7 Exhibit Exhibit 7 - Posey County National Bank blueprints, #8 Exhibit Exhibit 8 - Herb Goff Report, #9 Exhibit Exhibit 9 - Depo of Herb Goff)(Armstrong, Sacha) |
| Filing 48 Designation of Evidence re #47 Response in Opposition to Motion , filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Attachments: #1 Exhibit Exhibit 1 - Deposition of Debbra Martin, #2 Exhibit Exhibit 2 - Herb Goff Engineering Report, #3 Exhibit Exhibit 3 - Posey County National Bank blueprint, #4 Exhibit Exhibit 4 - Keith Bergman Engineering Report, #5 Exhibit Exhibit 5 - Deposition of Joan Mercer, #6 Exhibit Exhibit 6 - Deposition of Paula Schweizer, #7 Exhibit Exhibit 7 - Deposition of Maegen Greenwell, #8 Exhibit Exhibit 8 - Affidavit of Keith Bergman)(Armstrong, Sacha) |
| Filing 47 RESPONSE in Opposition re #36 MOTION for Summary Judgment , filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Armstrong, Sacha) |
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Filing 45
NOTICE AND ORDER - The TELEPHONIC STATUS CONFERENCE set for June 12, 2020 at 9:00 a.m. (CST), is hereby RESCHEDULED for JUNE 12, 2020 at 1:30 p.m., Evansville time (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. Please note that this is a time change ONLY. 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 5/13/2020.(AAS)
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| Filing 44 Witness List Final, filed by Defendant FIFTH THIRD BANK, Exhibit List Final, filed by Defendant FIFTH THIRD BANK. (Kreighbaum, John) |
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Filing 43
ORDER granting #41 Unopposed Motion for Extension of Time to Respond to Defendants Motion for Summary Judgment, Motion to Preclude Expert Testimony, and Extend Discovery Deadline - Plaintiffs, Debbra Martin and Billy Martin, are granted an extension of time up to and including June 15, 2020, in which to complete witness depositions, expert discovery, and to respond to Defendants Motion for Summary Judgment #36 and Motion to Preclude Expert Testimony #39 . Signed by Magistrate Judge Matthew P. Brookman on 4/21/2020.(AAS)
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| Filing 42 Witness List Final, filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN, Exhibit List Final, filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Armstrong, Sacha) |
| Filing 41 Unopposed MOTION for Extension of Time to File Response to 6/15/2020 re #36 MOTION for Summary Judgment , #39 MOTION Objection to Testimony From Plaintiffs' Expert and Motion to Preclude Expert Testimony and Extend Discovery Deadline, filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Attachments: #1 Text of Proposed Order)(Armstrong, Sacha) |
| Filing 40 BRIEF/MEMORANDUM in Support re #39 MOTION Objection to Testimony From Plaintiffs' Expert and Motion to Preclude Expert Testimony , filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Exhibit 1 Excerpts from Engineering Report of Keith A. Bergman, P.E.)(Kreighbaum, John) |
| Filing 39 MOTION Objection to Testimony From Plaintiffs' Expert and Motion to Preclude Expert Testimony, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order Order Precluding Expert Testimony of Keith Bergman, P.E.)(Kreighbaum, John) |
| Filing 38 Appendix of Exhibits in Support of Motion re #36 MOTION for Summary Judgment Designated Evidence in Support, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Exhibit A-Affidavit of Herb Goff, PE, PG, CEFI, #2 Exhibit B-Engineering Report of Keith A. Bergman, PE, excerpt, #3 Exhibit C-Deposition of Maegen Greenwell, #4 Exhibit D-Deposition of Joan Mercer, #5 Exhibit E-Deposition of Paula Schweizer)(Kreighbaum, John) |
| Filing 37 BRIEF/MEMORANDUM in Support re #36 MOTION for Summary Judgment , filed by Defendant FIFTH THIRD BANK. (Kreighbaum, John) |
| Filing 36 MOTION for Summary Judgment , filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order Entry of Summary Judgment)(Kreighbaum, John) |
| Filing 35 NOTICE of Service of Plaintiffs' Expert Disclosures Pursuant to Rule 26(A)(2), filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN (Armstrong, Sacha) |
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Answer/Respond to Plaintiffs' Discovery Requests to 03/18/2020. Signed by Magistrate Judge Matthew P. Brookman on 2/12/2020. (AAS)
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| Filing 33 MOTION for Extension of Time to March 18, 2020 , filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order Granting Additional Time for Defendant to Answer/Respond to Plaintiffs' Discovery Requests)(Kreighbaum, John) |
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Filing 32
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/10/2020. Plaintiffs Motion for Extension of Deadlines (Docket No. #28 ) shall be granted in part by a separate order. Status Conference set for 6/12/2020 09:00 AM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 31
ORDER granting in part #28 Motion Extending Deadlines - Dispositive Motions due by 4/15/2020. Discovery due by 5/1/2020. SEE ORDER FOR OTHE RDEADLINES. Signed by Magistrate Judge Matthew P. Brookman on 1/10/2020.(JRB)
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Filing 29
SCHEDULING ORDER: This matter is before the Court on Plaintiffs Motion for Extension of Deadlines (Dkt. No. 28). The Court hereby VACATES the Telephonic Status Conference set for April 3, 2020 at 9:00 a.m. (CST) and RESETS the TELEPHONIC STATUS CONFERENCE for JANUARY 10, 2020 at 1:30 p.m. (CST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed to participate in this telephone conference will be provided by a separate notification. Signed by Magistrate Judge Matthew P. Brookman on 1/3/2020.(JRB) Modified to correct year on 1/3/2020 (TMB). (Main Document 29 replaced on 1/3/2020) (TMB).
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| Filing 28 MOTION for Extension of Deadlines, filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Attachments: #1 Text of Proposed Order)(Armstrong, Sacha) |
| Filing 27 NOTICE of Appearance by Sacha L. Armstrong on behalf of Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Armstrong, Sacha) |
| Filing 26 NOTICE of Service of Defendant, Fifth Third Bank's Expert Witness Disclosure Pursuant to Rule 26(a)(2), filed by Defendant FIFTH THIRD BANK (Kreighbaum, John) |
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Filing 25
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 11/4/2019. Telephonic Status Conference set for 4/3/2020 at 09:00 AM (Central Time) before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 23
ORDER granting #22 Motion for Continuance of Settlement Conference - Settlement Conference scheduled for November 4, 2019 is VACATED and the Court SETS a TELEPHONIC STATUS CONFERENCE for November 4, 2019 at 1:00 P.M., Central Time. 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 10/22/2019.(JRB)
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| Filing 22 MOTION for Continuance of November 4, 2019 Settlement Conference, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order Order Continuing Settlement Conference and Setting Telephonic Scheduling Conference)(Kreighbaum, John) |
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Filing 21
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 9/5/2019. Parties were represented by counsel. No further orders are entered at this time. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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| Filing 19 Exhibit List Preliminary, filed by Defendant FIFTH THIRD BANK, Witness List Preliminary, filed by Defendant FIFTH THIRD BANK. (Kreighbaum, John) |
| Filing 18 Exhibit List , filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN, Witness List , filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Hawley, Richard) |
| Filing 17 NOTICE of Service of Initial Disclosures , filed by Defendant FIFTH THIRD BANK. (Kreighbaum, John) |
| Filing 16 NOTICE of Service of Initial Disclosures , filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Hawley, Richard) |
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Filing 15
SCHEDULING ORDER: TELEPHONIC STATUS CONFERENCE set for September 3, 2019, is hereby RESCHEDULED for SEPTEMBER 5, 2019 at 10:30 a.m., Evansville time (CST), 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 5/14/2019.(JRB)
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Filing 14
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Initial Pretrial Conference held on 4/15/2019. Discovery due by 1/20/2020. Dispositive Motions due by 2/28/2020. Settlement Conference set for 11/4/2019 at 01:00 PM (Central Time) in room #328, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before Magistrate Judge Matthew P. Brookman. Status Conference set for 9/3/2019 at 10:30 AM (Central Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 4/16/2019.(TMB)
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| Filing 12 CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs BILLY MARTIN, DEBBRA MARTIN . (Hawley, Richard) |
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Filing 11
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 4/15/2019 at 11:30 AM (Central 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 3/20/2019.(JRB) Modified on 3/20/2019 (JRB).
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| Filing 10 ANSWER to #1 Complaint with Affirmative Defenses and Jury Demand, filed by FIFTH THIRD BANK.(Kreighbaum, John) |
| Filing 9 Corporate Disclosure Statement by FIFTH THIRD BANK identifying Corporate Parent FIFTH THIRD BANCORP, Other Affiliate T. ROWE PRICE for FIFTH THIRD BANK.. (Kreighbaum, John) |
| Filing 8 NOTICE of Parties' First Extension of Time, filed by Defendant FIFTH THIRD BANK. (Kreighbaum, John) |
| Filing 7 NOTICE of Appearance by Danny E. Glass on behalf of Defendant FIFTH THIRD BANK. (Glass, Danny) |
| Filing 6 NOTICE of Appearance by John J. Kreighbaum on behalf of Defendant FIFTH THIRD BANK. (Kreighbaum, John) |
| Filing 5 SUMMONS Returned Executed by All Plaintiffs. FIFTH THIRD BANK served on 1/22/2019. (Attachments: #1 Exhibit Return Receipt)(Hawley, Richard) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB) |
| Filing 3 Summons Issued as to FIFTH THIRD BANK. (JRB) |
| Filing 2 NOTICE of Appearance by Richard O. Hawley, Jr on behalf of Plaintiffs BILLY MARTIN, DEBBRA MARTIN. (Hawley, Richard) |
| Filing 1 COMPLAINT 0756-5242523 against FIFTH THIRD BANK, filed by All Plaintiffs. (No fee paid with this filing) (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons)(Hawley, Richard) |
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