Todd et al v. Fifth Third Bank National Association et al
| Jetta Todd and Charles B. Foltz |
| Fifth Third Bank National Association and Safeguard Properties Management, LLC |
| Brittany Brown |
| 0:2023cv00098 |
| October 11, 2023 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| David L Bunning |
| Candace J Smith |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Contract Dispute |
| Both |
Docket Report
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| Filing 12 REPORT AND RECOMMENDATIONS: IT IS RECOMMENDED that Pla's #7 MOTION to Remand BE GRANTED and this case BE REMANDED to the Boyd Circuit Court. Particularized objections must be filed w/i 14 days. A party may respond to another's objection w/i 14 days of being served with a copy. Signed by Judge David L. Bunning on 11/29/23.(JLS)cc: COR |
Filing 11
ORDER: The parties' Joint Motion to #10 Hold the Case in Abeyance is GRANTED. This case is hereby held in abeyance pending further Order of the Court. Signed by Magistrate Judge Candace J. Smith on 11/16/23. (JLS)cc: COR
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| Filing 10 JOINT MOTION Hold Case in Abeyance re #6 Order For Meeting and Report.until the Court rules on Plaintiffs' Motion to Remand [D.E. 7] Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Proposed Order)(Watkins, J.) Modified on 11/13/2023 to add filers (JLS). |
| ***MOTION SUBMITTED TO CHAMBERS of Smith for review: re #10 JOINT MOTION Hold Case in Abeyance re #6 Order For Meeting and Report,,, by Fifth Third Bank National Association until the Court rules on Plaintiffs' Motion to Remand [D.E. 7] (JLS) |
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Filing 8
ORDER : this matter is REASSIGNED to Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Edward B. Atkins on 10/31/23.(JLS)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Smith for review: #8 Order. (JLS) |
| Filing 7 MOTION to Remand to State Court by Brittany Brown, Brittany Brown, Charles B. Foltz, Jetta Todd (Attachments: #1 Exhibit Stipulation of Damages, #2 Exhibit Peace slip copy, #3 Proposed Order Proposed Order)(Wheeler, Andrew) |
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Filing 6
ORDER FOR MEETING AND REPORT: (1) Within 21 days from date of entry of this Order, the parties, by counsel, shall meet (2) Within 10 days after the meeting, the parties shall file a joint status report containing (a) prop discovery plan (b) parties estimate of time necessary to file pretrial motions (c) the parties' belief as to whether the matter is suitable for some form of alternative dispute resolution such as mediation (d) the parties' estimate as to the probable length of trial; and (e) whether the parties will consent to the jurisdiction of a Magistrate Judge Atkins for all further proceedings (consent form attached) (3) Should the parties find that a joint report is not possible, the parties shall each file individual reports, which the Court shall entertain for the purpose of setting out its Scheduling Order or other appropriate Orders. Signed by Judge David L. Bunning on 10/12/23. (Attachments: #1 Magistrate Judge Consent form)(KSS)cc: COR
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Filing 5
STANDING REFERRAL ORDER: 1. Case is hereby referred to Magistrate Judge Edward B. Atkins to supervise discovery and pretrial proceedings. Unless otherwise ordered by the Court, the case will revert back to the undersigned to hold the final pretrial conference and trial. 2. That in connection with such reference, Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required and to rule on nondispositive motions, except motions in limine Dispositive motions and motions in limine will be referred by the Clerk to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will also be before the undersigned, unless the parties agree to a trial by a Magistrate Judge pursuant to 28 U.S.C. 636(c). 3. Discovery disputes shall be resolved in the following manner: (1) Parties shall meet/or confer in an attempt to resolve disputes between themselves, w/o judicial intervention (2) if parties are unable to resolve such disputes informally, they shall attempt to resolve their disagreement by telephone conference with the MJ (3) if, and only if, the parties are unable to resolve their diputes after conference with the MJ, they may file appropriate written motions with the Court. Written motions re discovery shall include the certification as required by LR 37.1. Signed by Judge David L. Bunning on 8/15/22.(KSS)cc: COR
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| Filing 4 CONSENT TO REMOVAL by Safeguard Properties Management, LLC, re #1 Notice of Removal by Fifth Third Bank, National Association(KSS) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Fifth Third Bank National Association identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank National Association, Corporate Parent The Vanguard Group, Inc. (KSS) |
| Filing 1 NOTICE OF REMOVAL from Boyd Circuit Court, case number 23-CI-00621. ( Filing fee $402; receipt number AKYEDC-5671039)filed by Fifth Third Bank National Association. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit D - Notice of Filing Notice of Removal, #3 Civil Cover Sheet)(KSS) |
| Conflict Check run. (KSS) |
| ANSWER to Complaint by Fifth Third Bank National Association contained in Exhibit A State Court Record #1 (KSS) |
| ANSWER to Complaint with Jury Demand by Safeguard Properties Management, LLC. contained in Exhibit A State Court Record(KSS) |
| ***FILE SUBMITTED TO CHAMBERS of Bunning for jurisdictional review: #1 Notice of Removal (KSS) |
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