Porter v. Fifth Third Bank, Inc.
Plaintiff: Marvin Porter
Defendant: Fifth Third Bank, Inc.
Case Number: 0:2016cv00031
Filed: March 9, 2016
Court: US District Court for the Eastern District of Kentucky
Office: Ashland Office
County: Greenup
Presiding Judge: Henry R Wilhoit
Nature of Suit: Consumer Credit
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on April 19, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2017 Opinion or Order Filing 17 ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion to Alter Judgment DE #13 be OVERRULED. Signed by Judge Henry R. Wilhoit, Jr on 4/19/17. (KSS)cc: COR
January 18, 2017 Filing 16 REPLY to Response to Motion re #13 MOTION to Alter Judgment by Marvin Porter filed by Marvin Porter. (Lett, M.)
January 4, 2017 Filing 15 RESPONSE in Opposition re #13 MOTION to Alter Judgment by Marvin Porter filed by Fifth Third Bank, Inc.. (Attachments: #1 Exhibit 1, Affidavit of J. Tanner Watkins, #2 Proposed Order Denying Plaintiff's Motion to Alter or Amend)(Watkins, J.)
December 15, 2016 ***MOTION SUBMITTED TO CHAMBERS of Wilhoit for review: re #13 MOTION to Alter Judgment by Marvin Porter (KSS)
December 15, 2016 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO M. Kevin Lett re #13 MOTION to Alter Judgment and #14 MOTION to Alter Judgment by Marvin Porter Memorandum in Support; Error No. 1: the pleadings were scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. Error No. 2: The Memorandum in Support #14 was incorrectly filed as a separate entry using the event motion. Entry by attorney; Clerk modified the docket text of #14 to state "Memorandum in Support;" In the future, file the memorandum as an attachment to the motion instead of making a separate entry. No further action required by counsel. cc: COR (KSS)
December 14, 2016 Filing 14 MEMORANDUM IN SUPPORT of #13 Motion to Alter Judgment by Marvin Porter (Lett, M.) Modified on 12/15/2016 (KSS).
December 14, 2016 Filing 13 MOTION to Alter Judgment by Marvin Porter (Attachments: #1 Proposed Order)(Lett, M.)
November 16, 2016 Opinion or Order Filing 12 JUDGMENT: In compliance with FRCP 58 IT IS HEREBY ORDERED and ADJUDGED that Defendant's Motion for Summary Judgment be and the same is hereby SUSTAINED and Plaintiff's Complaint be and the same is hereby dismissed WITH PREJUDICE. Signed by Judge Henry R. Wilhoit, Jr on 11/16/16.(KSS)cc: COR
November 16, 2016 Opinion or Order Filing 11 ORDER: IT IS HEREBY ORDERED that Defendant's #10 Motion for Summary Judgment be SUSTAINED. Signed by Judge Henry R. Wilhoit, Jr on 11/16/16. (KSS)cc: COR
August 25, 2016 NOTICE OF DOCKET MODIFICATION TO J. Tanner Watkins re #10 MOTION for Summary Judgment by Fifth Third Bank, Inc.; Error: The exhibit was filed together with the memorandum in support instead of as separate attachment. Entry by Attorney. Correction: Clerk added the exhibit as a separate attachment. In the future, file each exhibit separately from the main document. No further action required by counsel cc: COR (KSS)
August 24, 2016 Filing 10 MOTION for Summary Judgment by Fifth Third Bank, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Watkins, J.) (Additional attachment(s) added on 8/25/2016: #3 Exhibit A-Initial Declination Notices) (KSS).
July 15, 2016 Opinion or Order Filing 9 ORDER: IT IS HEREBY ORDERED that the Pretrial Conference scheduled in this matter on April 17, 2017 is CONTINUED to MONDAY, JUNE 19, 2017 at 10:00 AM in ASHLAND. IT IS FURTHER ORDERED: (1) NLT (7) DAYS prior to the pretrial conference counsel shall FILE electronically with the Clerk an original, shall SUBMIT a copy to the Court's Chambers, and shall PROVIDE a copy to opposing counsel (a) Witness list (b) Exhibit list (c) Pretrial Memorandum; (2) NO LATER THAN SEVEN (7) DAYS prior to PTC counsel shall Pre-Mark all exhibits and provide to opposing counsel and shall SUBMIT to the Court's Chambers a copy of each documentary exhibit; (3) NLT SEVEN (7) DAYS prior to the PTC, counsel shall CONDUCT a conf in person or by telephone to formulate AGREED proposed jury instructions (4) At time of PTC counsel shall FILE electronically with the Clerk and shall SUBMIT a copy to the Court the AGREED proposed jury instructions; (5) At the time of the PTC, counsel shall FILE with Clerk, shall SUBMIT a copy to the Court and shall PROVIDE a copy to opposing counsel any objs to use of depos or admissibility of exhibits; objs not disclosed shall be deemed WAIVED unless excused by the Court for good cause shown. Signed by Judge Henry R. Wilhoit, Jr on 7/15/16.(KSS)cc: COR Modified on 8/25/2016 to reflect copy mailed to Atty Lett (KSS).
May 13, 2016 Opinion or Order Filing 8 SCHEDULING ORDER: (1) No later than 7/1/16 parties to file motions to amend pleadings and join additional parties; (2) No later than 10/1/16 plaintiff disclose experts and provide written reports; (2A) No later than 11/1/16 defendant disclose experts and provide written reports; (3) No later than 30 days thereafter parties shall disclose rebuttal expert witnesses; (4) NLT 1/31/17 parties to complete discovery; (5) NLT 3/1/17 parties to FILE dispositive motions; (6) PRETRIAL CONFERENCE set for Monday, April 17, 2017 at 10:00 a.m. AT ASHLAND, KY before Judge Henry R. Wilhoit, Jr.; (7) NLT SEVEN (7) DAYS prior to PTC parties to file with the Clerk, submit to the Court and provide to opposing counsel, copies of witness list and summary of testimony, LIST OF EXHIBITS, PRETRIAL MEMORANDUM (8) NLT SEVEN (7) DAYS prior to PTC parties shall pre-mark and provide to opposing counsel and Court's chambers, a copy of all exhibits; (9) NLT SEVEN (7) DAYS prior to PTC parties shall formulate AGREED proposed jury instructions; (10) At the time of the PTC, parties shall electronically FILE and SUBMIT copy to the Court of AGREED proposed jury instructions; (11) At the time of the PTC, parties shall electronically FILE, shall SUBMIT copy to Court, and PROVIDE opposing counsel all objections to discovery materials. Signed by Judge Henry R. Wilhoit, Jr on 5/13/16.(KSS)cc: COR Modified on 8/25/2016 to reflect copy mailed to Atty Lett (KSS).
April 18, 2016 ***FILE SUBMITTED TO CHAMBERS of Wilhoit for review upon filing of: #7 Report of Rule 26(f) Planning Meeting (KSS)
April 15, 2016 Filing 7 JOINT REPORT of Rule 26(f) Planning Meeting. (Watkins, J.)
March 17, 2016 Opinion or Order Filing 6 ORDER FOR MEETING AND REPORT 1) NLT 3/31/16 parties conduct of meeting of parties 2) at meeting parties exchange disclosures 3) NLT Rule 26 Meeting Report due by 4/15/2016 w/ a) views and proposals b) length of time to complete all pretrial discovery c) length of time to file disp motions d) length of trial and issues to submit to jury. Signed by Judge Henry R. Wilhoit, Jr on 3/17/16.(SMT)cc: COR
March 17, 2016 ***FILE SUBMITTED TO CHAMBERS of Wilhoit for review: #5 Answer to Complaint (Notice of Removal) (KSS)
March 16, 2016 Filing 5 DEFENDANT FIFTH THIRD BANK, INC.'S ANSWER to Complaint (Notice of Removal) by Fifth Third Bank, Inc.. (Watkins, J.)
March 10, 2016 Opinion or Order Filing 4 ORDER ; before court upon dfts Notice of Removal; having reviewed the notice; IT IS THEREFORE ORDERED AND ADJUDGED that the removal of action shall be sustained. Signed by Judge Henry R. Wilhoit, Jr on 3/10/16.(SMT)cc: COR, Atty Lett via USMail w/General Order and electronic filing requirements
March 10, 2016 ***FILE SUBMITTED TO CHAMBERS of Wilhoit for review: for Jurisdiction Order #1 Notice of Removal, (SMT)
March 9, 2016 Filing 3 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Fifth Third Bank, Inc. identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank, Inc... (Watkins, J.)
March 9, 2016 Filing 1 NOTICE OF REMOVAL from Boyd Circuit Court, case number 16-CI-00098. ( Filing fee $400; receipt number 0643-3433044), filed by Fifth Third Bank, Inc.. (Attachments: #1 State Court Record, #2 Notice of Filing of Removal, #3 Civil Cover Sheet)(SMT)
March 9, 2016 Conflict Check run. (SMT)

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Plaintiff: Marvin Porter
Represented By: M. Kevin Lett
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Defendant: Fifth Third Bank, Inc.
Represented By: Daniel J. O'Gara
Represented By: J. Tanner Watkins
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