Muathe v. Fifth Third Bank et al
| Eric M. Muathe |
| Garrett Combs, Regional Adjustment Bureau, Fletcher Auto Group, Jeremy Hejl, Thompson Coburn LLP, Mark A. Werner, Pendleton and Sutton LLC, Brandy L. Sutton, Fifth Third Bank, Brian S. Mathiot, Daniel Klatt, Anne B. Hall, David M. Mangian, Lauren Mann, Crawford County Sheriff, Experian plc., Law Office of Mark A. Werner, Fifth Third Auto Funding Conduit LLC, Jenni Haak, Equifax, Inc., TransUnion and Fifth Third Holdings Funding LLC |
| 2:2014cv02207 |
| May 2, 2014 |
| US District Court for the District of Kansas |
| Kansas City Office |
| Crawford |
| J Thomas Marten |
| James P O'Hara |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Both |
Docket Report
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Filing 66
ORDER of Supreme Court dated 05/11/2016 closing certiorari filed by Mr. Eric M. Muathe. (Appeal No. 15-3019) (kao)
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| Filing 65 LETTER FROM 10CCA advising petition for writ of certiorari filed re #58 Notice of Appeal - Final Judgment ; assigned Supreme Court No. 15-7645. (Appeal No. 15-3019) (kao) |
| Filing 64 APPEAL MANDATE from 10CCA: AFFIRMING decision of the District Court. (Appeal No. 15-3019) (Attachment: #1 Transmittal Letter)(kao) |
| Filing 63 SUPPLEMENTAL RECORD ON APPEAL transmitted to 10CCA consisting of Supplemental Volume One re #58 Notice of Appeal. (Appeal No. 15-3019) (kao) |
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Filing 62
ORDER of 10CCA to Supplement Record on Appeal as to #58 Notice of Appeal. (Appeal No. 15-3019) (kao)
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| APPEAL FEE PAID in the amount of $505.00 re #58 Notice of Appeal filed by Eric M. Muathe. Receipt No. K4631046650. (Appeal No. 15-03019) (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (ta) |
| Filing 61 RECORD ON APPEAL transmitted to 10CCA electronically (Volume One) re #58 Notice of Appeal. (Appeal No. 15-3019). (kao) |
| Filing 60 APPEAL DOCKETED in 10CCA on 2/2/2015 and assigned Appeal No. 15-3019 re #58 Notice of Appeal filed by Eric M. Muathe. (kao) |
| Filing 59 PRELIMINARY RECORD ON APPEAL transmitted to 10CCA re #58 Notice of Appeal. (Attachment: #1 Preliminary Record)(kao) |
| Filing 58 NOTICE OF APPEAL as to #57 Judgment by Plaintiff Eric M. Muathe. (Attachment: #1 Envelope)(kao) |
| APPEAL FEE STATUS: Filing fee not paid re: #58 Notice of Appeal. (THIS IS A TEXT ONLY ENTRY-NO DOCUMENT IS ASSOCIATED WITH THIS TRANSACTION) (kao) |
| Filing 57 AMENDED JUDGMENT IN A CIVIL CASE in accordance with the Memorandum and Order filed January 20, 2015. Signed by deputy clerk on 1/20/15. Mailed to pro se party Eric M. Muathe by regular mail. (mss) |
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Filing 56
MEMORANDUM AND ORDER granting #49 plaintiff's Motion to Alter Judgment. Signed by Chief Judge J. Thomas Marten on 1/20/15. Mailed to pro se party Eric M. Muathe by regular mail. (mss)
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| Filing 55 NOTICE OF DISMISSAL with prejudice as to Pendleton and Sutton LLC, Brandy L. Sutton, Lauren Mann, Anne B. Hall and Jenni Haak by Eric M. Muathe. (Attachment: #1 Envelope)(kao) |
| Filing 54 NOTICE OF DISMISSAL with prejudice as to Regional Adjustment Bureau by Eric M. Muathe. (Attachment: #1 Envelope)(kao) |
| Filing 53 STIPULATION OF DISMISSAL With Prejudice (Joint) by Regional Adjustment Bureau. (Croker, Paul) |
| Filing 52 MEMORANDUM IN OPPOSITION by Defendants Fifth Third Auto Funding Conduit LLC, Fifth Third Bank, Fifth Third Holdings Funding LLC, Jeremy Hejl, Daniel Klatt, David M. Mangian, Brian S. Mathiot, Thompson Coburn LLP re #49 MOTION to Alter Judgment. (Hohn, Christopher) |
| Filing 51 MEMORANDUM IN OPPOSITION by Defendants Garrett Combs, Crawford County Sheriff re #49 MOTION to Alter Judgment (Pigg, J.) |
| Filing 50 RESPONSE by Defendants Law Office of Mark A. Werner, Mark A. Werner re #49 MOTION to Alter Judgment (Werner, Mark) |
| Filing 49 MOTION to Alter or Amend Judgment by Plaintiff Eric M. Muathe. (Attachment: #1 Envelope)(kao) |
| Filing 48 JUDGMENT IN A CIVIL CASE in accordance with the Memorandum and Order filed October 21, 2014. Signed by deputy clerk on 10/21/14. Mailed to pro se party Eric M. Muathe by regular mail. (mss) |
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Filing 47
MEMORANDUM AND ORDER denying #39 plaintiff's Motion for Leave to File; denying #40 plaintiff's Motion for Leave to File; and denying #41 plaintiff's Motion for Leave to File. Plaintiff's complaint is dismissed. Signed by Chief Judge J. Thomas Marten on 10/21/14. Mailed to pro se party Eric M. Muathe by regular mail. (mss)
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| Filing 46 NOTICE OF VOLUNTARY DISMISSAL with prejudice as to defendant Fletcher Auto Group by Eric M. Muathe. (Attachments: #1 Envelope)(mm) |
| Filing 45 REPLY to Response to Motion by Defendants Garrett Combs, Crawford County Sheriff re: #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Pigg, J.) |
| Filing 44 RESPONSE by Plaintiff Eric M. Muathe re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Attachments: #1 Envelope)(mm) |
| Filing 43 MEMORANDUM IN SUPPORT of #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Garrett Combs, Crawford County Sheriff. (Pigg, J.) |
| Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Garrett Combs, Crawford County Sheriff. (Pigg, J.) |
| Filing 41 MOTION for Leave to file Surreply re #16 Motion to Dismiss by Plaintiff Eric M. Muathe. (Attachments: #1 Proposed Surreply, #2 Envelope)(kao) |
| Filing 40 MOTION for Leave to file Surreply as to #14 Motion to Dismiss by Plaintiff Eric M. Muathe. (Attachment: #1 Proposed Surreply)(kao) |
| Filing 39 MOTION for Leave to file Surreply re #12 Motion to Dismiss by Plaintiff Eric M. Muathe. (Attachment: #1 Proposed Surreply)(kao) |
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Filing 38
ORDER striking #36 Reply filed by Eric M. Muathe, #34 Reply filed by Eric M. Muathe, and #35 Reply filed by Eric M. Muathe. Signed by Chief Judge J. Thomas Marten on 9/11/14. Mailed to pro se party Eric M. Muathe by regular mail. (mss)
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| Filing 37 CLERKS ORDER EXTENDING TIME until 09/23/2014 for Defendants Garrett Combs, Crawford County Sheriff to answer or otherwise plead. Signed by deputy clerk on 09/03/2014. (ta) |
| Filing 36 (STRICKEN PER 38 ORDER) REPLY to #28 Reply to Response to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Eric M. Muathe. (Attachment: #1 Envelope)(kao) |
| Filing 35 (STRICKEN PER 38 ORDER) REPLY to #27 Reply to Response to #14 MOTION to Dismiss FOR FAILURE TO STATE A CLAIM by Plaintiff Eric M. Muathe. (Attachment: #1 Envelope)(kao) |
| Filing 34 (STRICKEN PER 38 ORDER) REPLY to #31 Reply to Response to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Eric M. Muathe. (Attachment: #1 Envelope)(kao) |
| Filing 33 SUMMONS RETURNED EXECUTED -- Certified Mail by Eric M. Muathe upon Garrett Combs served on 8/19/2014, answer due 9/9/2014. (Attachment: #1 Envelope)(kao) |
| Filing 32 SUMMONS RETURNED EXECUTED -- Certified Mail by Eric M. Muathe upon Crawford County Sheriff served on 8/19/2014, answer due 9/9/2014. (Attachment: #1 Envelope)(kao) |
| Filing 31 REPLY to Response to Motion by Defendants Law Office of Mark A. Werner, Mark A. Werner re: #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Werner, Mark) |
| Filing 30 SUMMONS RETURNED EXECUTED -- Certified Mail by Eric M. Muathe upon Fletcher Auto Group served on 8/8/2014. (mm) |
| Filing 29 SUMMONS RETURNED EXECUTED -- Certified Mail by Eric M. Muathe upon Fifth Third Auto Funding Conduit LLC served on 8/11/2014. (mm) |
| Filing 28 REPLY to Response to Motion by Defendants Fifth Third Auto Funding Conduit LLC, Fifth Third Bank, Fifth Third Holdings Funding LLC, Jeremy Hejl, Daniel Klatt, Brian S. Mathiot re: #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Hohn, Christopher) |
| Filing 27 REPLY to Response to Motion by Defendants David M. Mangian, Thompson Coburn LLP re: #14 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Hohn, Christopher) |
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Filing 26
ORDER granting #23 Werner defendants' Motion for Leave to File Reply out of time. Entered by Chief Judge J. Thomas Marten on 8/13/14. Mailed to pro se party Eric M. Muathe by regular mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mss)
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Filing 25
ORDER granting #24 defendants' Motion for Leave to File Reply out of time. Signed by Chief Judge J. Thomas Marten on 8/13/14. Mailed to pro se party Eric M. Muathe by regular mail. (mss)
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| Filing 24 MOTION for Leave to file Reply in Further Support of #16 Motion to Dismiss Out of Time by Defendants Fifth Third Auto Funding Conduit LLC, Fifth Third Bank, Fifth Third Holdings Funding LLC, Jeremy Hejl, Daniel Klatt, David M. Mangian, Brian S. Mathiot, Thompson Coburn LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hohn, Christopher) |
| Filing 23 MOTION for Leave to File Reply in Further Support of #12 Motion to Dismiss Out of Time by Defendants Law Office of Mark A. Werner, Mark A. Werner. (Attachments: #1 Supplement Reply In Further Support of Motion to Dismiss Complaint)(Werner, Mark) |
| Filing 22 RESPONSE by Plaintiff Eric M. Muathe re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Attachment: #1 Envelope)(kao) |
| Filing 21 RESPONSE by Plaintiff Eric M. Muathe re #14 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Attachment: #1 Envelope)(kao) |
| Filing 20 RESPONSE by Plaintiff Eric M. Muathe re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Attachment: #1 Envelope)(kao) |
| Filing 19 CERTIFIED MAIL RECEIPT returned re 8 Order on Motion for Extension of Time to Answer, addressed to Eric Muathe (kg) |
| Filing 18 ANSWER to #1 Complaint by Regional Adjustment Bureau.(Croker, Paul) |
| Filing 17 MEMORANDUM IN SUPPORT of #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Fifth Third Auto Funding Conduit LLC, Fifth Third Bank, Fifth Third Holdings Funding LLC, Jeremy Hejl, Daniel Klatt, Brian S. Mathiot (Attachments: #1 Exhibit A, #2 Exhibit B)(Hohn, Christopher) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Fifth Third Auto Funding Conduit LLC, Fifth Third Bank, Fifth Third Holdings Funding LLC, Jeremy Hejl, Daniel Klatt, Brian S. Mathiot(Hohn, Christopher) |
| Filing 15 MEMORANDUM IN SUPPORT of #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants David M. Mangian, Thompson Coburn LLP. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hohn, Christopher) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response deadline 7/31/2014) by Defendants David M. Mangian, Thompson Coburn LLP. (Hohn, Christopher) |
| Filing 13 MEMORANDUM IN SUPPORT of #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Law Office of Mark A. Werner, Mark A. Werner(Werner, Mark) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Law Office of Mark A. Werner, Mark A. Werner (Attachments: #1 Exhibit Fifth Third Bank v. Muathe Memorandum and Decision, Case No. 2012 LM 356P)(Werner, Mark) |
| Filing 11 SUMMONS RETURNED EXECUTED -- Certified Mail by Eric M. Muathe upon Fifth Third Bank, Fifth Third Holdings Funding LLC, Mark A. Werner, Law Office of Mark A. Werner, Thompson Coburn LLP, David M. Mangian, Regional Adjustment Bureau. (Attachments: #1 Fifth Third Holdings Funding LLC, #2 Mark A. Werner, #3 Law Office of Mark A. Werner, #4 Thompson Coburn LLP, #5 David M. Mangian, #6 Regional Adjustment Bureau, #7 Envelope)(kao) |
| Filing 10 SUMMONS RETURNED EXECUTED -- Certified Mail by Eric M. Muathe upon Pendleton and Sutton LLC served on 5/22/2014, answer due 6/12/2014. (kao) |
| Filing 9 SUMMONS RETURNED EXECUTED -- Certified Mail by Eric M. Muathe upon Brandy L. Sutton served on 5/20/2014, answer due 6/10/2014. (kao) |
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Filing 8
ORDER granting #7 defendant Regional Adjustment Bureau's motion for an extension of time to answer or otherwise respond to plaintiff's complaint. For good cause shown and consistent with the court's previous order 6 granting other moving defendants an extension of time to answer or otherwise respond to plaintiff's complaint, defendant Regional Adjustment Bureau has until 7/10/14, to answer or otherwise respond to plaintiff's complaint. Signed by Magistrate Judge James P. O'Hara on 06/09/2014. Mailed to pro se party Eric Muathe, 1410 Bitner Terrace, Pittsburg, KS 66762 by regular and certified mail. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mb)
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| Filing 7 MOTION for Extension of Time to File Answer or Otherwise Respond by Defendant Regional Adjustment Bureau. (Croker, Paul) |
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Filing 6
ORDER granting #5 the moving defendants' unopposed motion for an extension of time until 7/10/14, to answer or otherwise respond to plaintiff's complaint. Signed by Magistrate Judge James P. O'Hara on 06/05/2014. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (mb)
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| Filing 5 CONSENT MOTION for Extension of Time to File Answer re #1 Complaint by Defendants Fifth Third Auto Funding Conduit LLC, Fifth Third Bank, Fifth Third Holdings Funding LLC, Jeremy Hejl, Daniel Klatt, David M. Mangian, Brian S. Mathiot, Thompson Coburn LLP. (Hohn, Christopher) |
| Filing 4 ENTRY OF APPEARANCE by Christopher M. Hohn on behalf of Fifth Third Auto Funding Conduit LLC, Fifth Third Bank, Fifth Third Holdings Funding LLC, Jeremy Hejl, Daniel Klatt, David M. Mangian, Brian S. Mathiot, Thompson Coburn LLP. (Hohn, Christopher) |
| SUMMONS ISSUED as to Garrett Combs, Crawford County Sheriff, Equifax Inc, Experian PLC, Fifth Third Auto Funding Conduit LLC, Fifth Third Bank, Fifth Third Holdings Funding LLC, Fletcher Auto Group, Jenni Haak, Anne B. Hall, Jeremy Hejl, Daniel Klatt, Law Office of Mark A. Werner, Lauren Mann, Brian S. Mathiot, Pendleton and Sutton LLC, Regional Adjustment Bureau, Thompson Coburn LLP, Transunion. Summons issued and emailed to Plaintiff for service. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) |
| SUMMONS ISSUED as to David M. Mangian, Brandy L. Sutton, Mark A. Werner. Summons mailed to Plaintiff for service. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ta) |
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Filing 3
ORDER OF RECUSAL. District Judge John W. Lungstrum recused. Case reassigned to Chief Judge J. Thomas Marten for all further proceedings. Signed by District Judge John W. Lungstrum on 05/05/2014.Mailed to pro se party Eric M. Muathe by regular mail (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(ses)
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| Filing 2 CIVIL COVER SHEET re #1 Complaint by Plaintiff Eric M. Muathe. (ta) |
| Filing 1 COMPLAINT (No Summons Issued) with trial location of Kansas City, filed by Eric M. Muathe.(ta) |
| FILING FEE PAID: in the amount of $400.00, receipt number K4631043135. (ta) |
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