OHIO VALLEY GRAIN INSPECTION, INC. v. FIFTH THIRD BANK
| OHIO VALLEY GRAIN INSPECTION, INC. |
| FIFTH THIRD BANK |
| 3:2023cv00009 |
| January 27, 2023 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Matthew P Brookman |
| Mark J Dinsmore |
| Richard L Young |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 6, 2023. A more recent docket listing may be available from PACER.
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Filing 53
STIPULATION AND ORDER OF DISMISSAL - IT IS THEREUPON ORDERED, ADJUDGED AND DECREED by the Court that the Complaint filed against Fifth Third Bank be, and the same is, hereby DISMISSED, and with each party to pay their own costs. Signed by District Judge Matthew P. Brookman on 11/06/2023.(AAS)
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| Filing 52 STIPULATION of Dismissal , as to Defendant FIFTH THIRD BANK, filed by OHIO VALLEY GRAIN INSPECTION, INC.. (Freyberger, Greg) |
| Filing 51 Witness List Expert Disclosure, filed by Plaintiff OHIO VALLEY GRAIN INSPECTION, INC.. (Attachments: #1 Exhibit Curriculum Vitae)(Freyberger, Greg) |
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Filing 50
ORDER - Defendant's Motion to Dismiss (Docket No. #18 ) is GRANTED in part and DENIED in part. The motion is GRANTED with respect to Plaintiff's claims for Civil Conversion (Count III), Unjust Enrichment (Count VI), its claims under the Crime Victim's Relief Act (Count IV) and the UCC, Article 4 et seq. (Count V). These Counts are hereby DISMISSED. Defendant's Motion to Dismiss is DENIED with respect to Plaintiff's claims for Breach of Contract (Count I) and Breach of Implied Covenant of Good Faith and Fair Dealing (Count II). These two claims may proceed. Defendant's motion requesting oral argument on its Motion to Dismiss (Docket No. #28 ) is also DENIED as moot. SEE ORDER. Signed by District Judge Matthew P. Brookman on 10/17/2023. (JRB)
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Filing 49
MINUTE ORDER for October 11, 2023 telephonic status conference held before Magistrate Judge Mark J. Dinsmore: The parties appeared by counsel for a telephonic Status Conference. The parties discussed the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on Tuesday, November 21, 2023 at 2:30 p.m. (Central) / 3:30 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore. (AKW)
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Filing 47
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 9/12/2023. Settlement was not achieved. Telephonic Status Conference set for 10/11/2023 at 11:30 AM (Central Time) / 12:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 46
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 7/28/2023. Parties discussed status of discovery & readiness for upcoming settlement conference. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 44
AMENDED SCHEDULING ORDER - The Court, sua sponte, hereby RESCHEDULES the July 31, 2023 Telephonic Status Conference to Friday, July 28, 2023 at 2:00 p.m. (Central) / 3:00 p.m. (Eastern). All other requirements of the Court's Order scheduling the conference Dkt. #43 remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 07/13/2023.(AAS)
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Filing 43
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/30/2023. Parties discussed status of discovery. Telephonic Status Conference set for 7/31/2023 at 2:30 PM (Central Time) / 3:30 PM (Eastern Time) to discuss parties' readiness for upcoming settlement conference. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 40 Exhibit List (Preliminary), filed by Defendant FIFTH THIRD BANK, Witness List (Preliminary), filed by Defendant FIFTH THIRD BANK. (Reichard, Alejandra) |
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Filing 41
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/1/2023. Parties discussed status of discovery. Telephonic Status Conference set for 6/30/2023 at 3:00 PM (Central Time) / 4:00 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 39 NOTICE of Appearance by Kelsey Dilday Miller on behalf of Defendant FIFTH THIRD BANK. (Miller, Kelsey) |
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Filing 38
ORDER: The Court acknowledges Plaintiff's counsel's request for substitution of counsel. Dkt. #33 . That request is hereby GRANTED, and the appearance of Crystal Wildeman on behalf of Plaintiff is WITHDRAWN and TERMINATED. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 5/31/2023. (LF)
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| Filing 36 NOTICE of Parties' First Extension of Time re Responding to any written request for discovery or admission, filed by Defendant FIFTH THIRD BANK. (Reichard, Alejandra) |
| Filing 35 Witness List Preliminary, filed by Plaintiff OHIO VALLEY GRAIN INSPECTION, INC., Exhibit List Preliminary, filed by Plaintiff OHIO VALLEY GRAIN INSPECTION, INC.. (Freyberger, Greg) |
| Filing 34 NOTICE of Service of Initial Disclosures , filed by Plaintiff OHIO VALLEY GRAIN INSPECTION, INC.. (Freyberger, Greg) |
| Filing 33 CONSENT Order for Substitution of Counsel by OHIO VALLEY GRAIN INSPECTION, INC.. (Attachments: #1 Text of Proposed Order Order Granting Substitution of Counsel)(Freyberger, Greg) Modified on 5/22/2023 (TMB). |
| Filing 32 NOTICE of Appearance by Greg J. Freyberger on behalf of Plaintiff OHIO VALLEY GRAIN INSPECTION, INC.. (Freyberger, Greg) |
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Filing 31
SCHEDULING ORDER: Final Pretrial Conference set for 9/16/2024 at 1:00 PM (Central Time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before District Judge Matthew P Brookman. Jury Trial set for 10/15/2024 at 9:00 AM (Central Time) in room #301, United States Courthouse, 101 Northwest MLK Boulevard, Evansville, Indiana before District Judge Matthew P Brookman. Signed by District Judge Matthew P Brookman on 5/2/2023.(KAA)
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| Filing 28 MOTION Requesting Oral Argument on Motion to Dismiss, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order)(Reichard, Alejandra) |
| Filing 27 REPLY in Support of Motion re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant FIFTH THIRD BANK. (Reichard, Alejandra) |
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Filing 26
ORDER REGARDING PROTECTIVE ORDERS. Signed by Magistrate Judge Mark J. Dinsmore on 4/21/23.(JRB)
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| Filing 25 RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff OHIO VALLEY GRAIN INSPECTION, INC.. (Attachments: #1 Exhibit 1 transaction history of the account)(Wildeman, Crystal) |
| Filing 23 JOINT PROPOSED CASE MANAGEMENT PLAN TENDERED, filed by Defendant FIFTH THIRD BANK . (Reichard, Alejandra) |
| Filing 22 NOTICE of Reassignment of Case to Judge Matthew P. Brookman and Magistrate Judge Mark J. Dinsmore. Judge Richard L. Young, Magistrate Judge Matthew P. brookman is no longer assigned to this case. Please include the new case number, 3:23-cv-00009-MPB-MJD, on all future filings in this matter. (JRB) |
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Filing 21
SCHEDULING ORDER:TELEPHONIC INITIAL PRETRIAL CONFERENCE set for April 14, 2023 at 9:00 a.m. (CST), is hereby RESCHEDULED for APRIL 21, 2023 at 11:30 a.m. (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 3/30/23.(JRB)
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Filing 20
ORDER granting #19 Unopposed MOTION for Extension of Time to File Response to #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to 4/18/23. Signed by Magistrate Judge Matthew P. Brookman on 3/24/23. (JRB)
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| Filing 19 Unopposed MOTION for Extension of Time to File Response to April 18, 2023 re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Plaintiff OHIO VALLEY GRAIN INSPECTION, INC.. (Attachments: #1 Text of Proposed Order Granting Unopposed Extension of Time)(Wildeman, Crystal) |
| Filing 18 BRIEF/MEMORANDUM in Support re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Exhibit A - MTMA, #2 Exhibit B- Terms and Conditions (Signature Card), #3 Exhibit C - Deposit Account Rules)(Reichard, Alejandra) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant FIFTH THIRD BANK. (Reichard, Alejandra) |
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Filing 16
ORDER granting #15 Motion for Extension of Time - For good cause shown, the Court hereby GRANTS the Motion and ORDERS that the deadline for Fifth Third Bank to answer Plaintiff's Complaint is extended to March 13, 2023. Signed by Magistrate Judge Matthew P. Brookman on 03/06/2023. (AAS)
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| Filing 15 MOTION for Extension of Time to March 13, 2023 to Respond to Plaintiff's Complaint, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order Proposed Order)(Reichard, Alejandra) |
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Filing 14
ORDER granting #13 UNOPPOSED MOTION TO EXTEND ANSWER DEADLINE - As Plaintiff does not oppose the proposed extension, and for good cause shown, the Court hereby GRANTS the Motion and ORDERS that the deadline for Fifth Third Bank to answer Plaintiff's Complaint is extended to March 3, 2023. Signed by Magistrate Judge Matthew P. Brookman on 02/24/2023. (AAS)
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| Filing 13 Unopposed MOTION for Extension of Time to March 3, 2023 to Respond to Plaintiff's Complaint, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order)(Reichard, Alejandra) |
| Filing 12 Rule 7.1 Disclosure Statement by OHIO VALLEY GRAIN INSPECTION, INC.. (Wildeman, Crystal) |
| Filing 11 Statement RESPONDING TO THE NOTICE OF REMOVAL by OHIO VALLEY GRAIN INSPECTION, INC.. (Wildeman, Crystal) |
| Filing 10 NOTICE of Appearance by Crystal Spivey Wildeman on behalf of Plaintiff OHIO VALLEY GRAIN INSPECTION, INC.. (Wildeman, Crystal) |
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Filing 9
ORDER granting #8 UNOPPOSED MOTION TO EXTEND ANSWER DEADLINE - As Plaintiff does not oppose the proposed extension, and for good cause shown, the Court hereby GRANTS the Motion and ORDERS that the deadline for Fifth Third Bank to answer Plaintiff's Complaint is extended to February 22, 2023. Signed by Magistrate Judge Matthew P. Brookman on 02/06/2023. (AAS)
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| Filing 8 Unopposed MOTION for Extension of Time to February 22, 2023 to Answer Plaintiff's Complaint, filed by Defendant FIFTH THIRD BANK. (Attachments: #1 Text of Proposed Order Proposed Order)(Reichard, Alejandra) |
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Filing 7
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - The above case is hereby assigned for an INITIAL PRETRIAL CONFERENCE on April 14, 2023 at 9:00 a.m., Evansville Time (CST), TELEPHONIC, before the Honorable Matthew P. Brookman, United States Magistrate Judge. 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 02/01/2023.(AAS)
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| Filing 6 NOTICE of Appearance by Michael H. Gottschlich on behalf of Defendant FIFTH THIRD BANK. (Gottschlich, Michael) |
| Filing 5 Rule 7.1 Disclosure Statement by FIFTH THIRD BANK identifying Corporate Parent FIFTH THIRD BANCORP for FIFTH THIRD BANK.. (Reichard, Alejandra) |
| Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AAS) |
| Filing 3 Notice to File Rule 7.1 Disclosure Statement. (RAGS) (AAS) |
| Filing 2 NOTICE of Appearance by Alejandra Reichard on behalf of Defendant FIFTH THIRD BANK. (Reichard, Alejandra) |
| Filing 1 NOTICE OF REMOVAL from Vanderburgh Superior Court, case number 82D07-2212-PL-005942, filed by FIFTH THIRD BANK. (Filing fee $402, receipt number AINSDC-7478329) (Attachments: #1 State Court Record (Ex. C - Docket Sheet, Wildeman Appearance, Summons Indiana, Summons Ohio, Complaint for Damages and Request for Jury Trial, Appearance Reichard and Gottschlich, Notice of Automatic Extension of Time), #2 Exhibit (Ex. A - Operative Complaint), #3 Civil Cover Sheet, #4 Exhibit (Ex. B to Notice of Removal))(Reichard, Alejandra) |
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