Sparks v. Fifth Third Mortgage Company
Plaintiff: Lundy L. Sparks
Defendant: Fifth Third Mortgage Company
Case Number: 5:2017cv00450
Filed: November 15, 2017
Court: US District Court for the Eastern District of Kentucky
Office: Lexington Office
County: Jessamine
Presiding Judge: Karen K Caldwell
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Opinion or Order Filing 57 OPINION & ORDER: The Court ORDERS that Plaintiff's #52 MOTION to Vacate #51 Judgment is DENIED. Signed by Judge Karen K. Caldwell on 7/22/2019.(GLD)cc: COR
January 23, 2019 ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #52 MOTION to Vacate #51 Judgment, #50 Order by Lundy L. Sparks (KJR)
January 22, 2019 Filing 56 REPLY to Response to Motion re #52 MOTION to Vacate #51 Judgment, #50 Order,, Terminate Motions, by Lundy L. Sparks filed by Lundy L. Sparks. (Regard, Andre)
January 8, 2019 Opinion or Order Filing 55 ORDER: (1) GRANTING Fifth Third's #53 Motion for Extension of Time; (2) Fifth Third will have 30 days from the date of the Courts entry of an orderresolving Plaintiffs pending Rule 59(e) Motion (D.E. 52) in which to file its bill of costs and/or motion for attorneys fees or other nontaxable costs. Signed by Judge Karen K. Caldwell on 1/8/19. (KJR)cc: COR
January 8, 2019 NOTICE OF DOCKET MODIFICATION TO J. Watkins re #53 MOTION for Extension of Time by Fifth Third Mortgage Company To File its Rule 54 Bill of Costs and/or Motion for Attorneys' Fees MOTION for Attorney Fees: Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the Motion for Attorney Fees as requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judges motion report. No further action required by counsel. cc: COR (KJR)
January 7, 2019 Filing 54 RESPONSE in Opposition re #52 MOTION to Vacate #51 Judgment, #50 Order,, Terminate Motions, by Lundy L. Sparks filed by Fifth Third Mortgage Company. (Attachments: #1 Proposed Order Order)(Watkins, J.)
January 7, 2019 Filing 53 MOTION for Extension of Time & MOTION for Attorney Fees by Fifth Third Mortgage Company To File its Rule 54 Bill of Costs and/or Motion for Attorneys' Fees (Attachments: #1 Proposed Order Order)(Watkins, J.). Added MOTION for Attorney Fees on 1/8/2019 (KJR).
December 17, 2018 Filing 52 MOTION to Vacate #51 Judgment, #50 Order,, Terminate Motions, by Lundy L. Sparks (Attachments: #1 Proposed Order)(Regard, Andre)
December 6, 2018 Filing 51 JUDGMENT: (1) GRANTING Fifth Third Mortgage Company's #16 Motion for Judgment on the Pleadings; (2) ALL CLAIMS against Fifth Third Mortgage Company are DISMISSED WITH PREJUDICE; (3) matter is STRICKEN from the docket; (4) judgment is final & appealable. Signed by Judge Karen K. Caldwell on 12/6/18.(KJR)cc: COR,JC,D
December 6, 2018 Opinion or Order Filing 50 OPINION & ORDER: (1) GRANTING dft Fifth Third Mortgage Company's #16 MOTION for Judgment on the Pleadings; (2) ALL CLAIMS against dft Fifth Third Mortgage Company are DISMISSED WITH PREJUDICE; separate judgment to issue. Signed by Judge Karen K. Caldwell on 12/6/18.(KJR)cc: COR
November 19, 2018 Filing 49 NOTICE to Take Deposition of Fifth Third Bank on November 20, 2018 at 11:00 am by Lundy L. Sparks.(Regard, Andre)
October 22, 2018 Opinion or Order Filing 48 ORDER: re parties' #47 JOINT MOTION for Extension of Time to Complete Discovery; the Courts Scheduling Order (D.E. 8, as amended D.E. 34 and D.E. 46)is hereby amended to extend fact discovery until November 23, 2018.. Signed by Judge Karen K. Caldwell on 10/22/18.(KJR)cc: COR
October 22, 2018 Filing 47 JOINT MOTION for Extension of Time to Complete Discovery by Lundy L. Sparks (Attachments: #1 Proposed Order)(Regard, Andre)
October 3, 2018 Opinion or Order Filing 46 ORDER: re parties' #44 JOINT MOTION to Amend/Correct #34 Order; Discovery extended to 10/22/2018. Signed by Judge Karen K. Caldwell on 10/3/18.(KJR)cc: COR
October 1, 2018 Filing 45 RESPONSE to Discovery Request by Lundy L. Sparks.(Regard, Andre)
October 1, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Caldwell for review: re #44 JOINT MOTION to Amend/Correct #34 Order,, Terminate Motions,, Set Deadlines, by Lundy L. Sparks (KJR)
September 28, 2018 Filing 44 JOINT MOTION to Amend/Correct #34 Order, by Lundy L. Sparks, Fifth Third Mortgage Company. (Attachments: #1 Proposed Order to amend scheduling order)(Regard, Andre) Modified text on 10/1/2018 (KJR).
September 21, 2018 Filing 43 NOTICE to Take Deposition of Charlene Brandenburg on 9/26/18 1:00 p.m. by Lundy L. Sparks.(Regard, Andre)
September 19, 2018 Filing 42 RE-NOTICE to Take Deposition of Abdul Muhammad on 9/24/18 9:00 a.m. by Lundy L. Sparks.(Regard, Andre) Modified text on 9/20/2018 (KJR).
September 19, 2018 Opinion or Order Filing 41 PROTECTIVE ORDER: GRANTING parties' #40 JOINT MOTION for Protective Order; regarding the settlement agreements & Confidential Material as indicated in this order. Signed by Judge Karen K. Caldwell on 9/18/18.(KJR)cc: COR (Additional attachment(s) added on 9/19/2018: #1 Exhibit A - Confidentiality Agreement) (KJR).
September 19, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: re #40 JOINT MOTION for Protective Order by Lundy L. Sparks (KJR)
September 18, 2018 Filing 40 JOINT MOTION for Protective Order by Lundy L. Sparks, Fifth Third Mortgage Company. (Attachments: #1 Exhibit Confidentiality Agreement, #2 Proposed Order Proposed Agreed Protective Order)(Regard, Andre) Modified text on 9/19/2018 (KJR).
September 6, 2018 Filing 39 NOTICE to Take Deposition of Abdul Muhammad on 9/10/18 10:00 a.m. by Lundy L. Sparks.(Regard, Andre)
September 5, 2018 Filing 38 NOTICE to Take Deposition of Abdul Muhammad on 9/7/18 1:30 p.m. by Lundy L. Sparks.(Regard, Andre)
August 28, 2018 Filing 37 NOTICE to Take Deposition of Fifth Third 30(b)(6) Representative on 9/26/2018 9 a.m. by Lundy L. Sparks.(Regard, Andre)
August 24, 2018 Filing 36 CERTIFICATE OF SERVICE of pla's amended response to dft's first set of interrogatories for Plaintiffs response to 1st set of Interrogatories by Lundy L. Sparks.(Regard, Andre) Modified text on 8/27/2018 (KJR).
August 22, 2018 Filing 35 NOTICE by Lundy L. Sparks INTENT TO SERVE SUBPOENA (Attachments: #1 Exhibit Subpoena)(Regard, Andre)
August 17, 2018 Opinion or Order Filing 34 ORDER re #8 Scheduling Order - re parties' #33 JOINT MOTION to Amend/Correct #8 Scheduling Order: para 1(e) of the Scheduling Order is amended to extend Discovery until 10/1/2018. Signed by Judge Karen K. Caldwell on 8/17/18.(KJR)cc: COR
August 17, 2018 Filing 33 JOINT MOTION to Amend/Correct #8 Scheduling Order,,,,,, by Fifth Third Mortgage Company (Attachments: #1 Proposed Order Order)(Watkins, J.)
August 13, 2018 Filing 32 Notice of Service of pla's responses to dft's first set of interrogatories, requests for production of documents & admissions to dft by Lundy L. Sparks.(Regard, Andre) Modified text on 8/14/2018 (KJR).
June 13, 2018 Opinion or Order Filing 31 ORDER: The Court, on its own motion, and to reflect the current status, rescinds the referrals to the undersigned on all referred civil cases. The presiding District Judge may enter a substitute referral, or issue other appropriate Orders, in his or her discretion. The Clerk shall docket this Order in all appropriate cases. Signed by Judge Robert E. Wier on 6/13/2018.(JJ)cc: COR Modified date filed on 6/14/2018 (JJ).
June 7, 2018 Opinion or Order Filing 30 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 6/7/2018 before Magistrate Judge Robert E. Wier: The Court addressed the schedule & procedural posture of the case. The Court reminds the parties to litigate in compliance with the Scheduling Order #8 . The Court further addressed the possibility of a court-conducted settlement conference. The Parties may file a joint motion if seeking court assistance. The Court does not require a mediation. Signed by Magistrate Judge Robert E. Wier on 6/7/2018. (Court Reporter None.) (KM)cc: COR
May 17, 2018 Opinion or Order Filing 28 ORDER OF RECUSAL: It is ordered that Judge Claria Horn Boom RECUSES from this matter, the action is REASSIGNED to Judge Karen K. Caldwell for all further proceedings. COR are requested to change the CV number to reflect the initials KKC on all further pleadings. Signed by Judge Claria Horn Boom on 5/16/2018.(SCD)cc: COR
May 10, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Boom for review: re #16 MOTION for Judgment on the Pleadings by Fifth Third Mortgage Company (KJR)
May 9, 2018 Filing 27 REPLY to response re #16 MOTION for Judgment on the Pleadings filed by Fifth Third Mortgage Company. (Watkins, J.) Modified text on 5/10/2018 (KJR).
May 3, 2018 Opinion or Order Filing 26 ORDER: DENYING dft's #19 MOTION to Stay re #16 MOTION for Judgment on the Pleadings; TELEPHONE CONFERENCE FOR COUNSEL ONLY set for 6/7/2018 at 10:30 AM before Magistrate Judge Robert E. Wier with the court sitting in Lexington; DE #11 's call mechanics persist. Signed by Magistrate Judge Robert E. Wier on 5/3/18.(KJR)cc: COR,D
May 3, 2018 ***MOTION SUBMITTED TO CHAMBERS of Judge Boom for review: re #19 MOTION to Stay re #16 MOTION for Judgment on the Pleadings by Fifth Third Mortgage Company by Fifth Third Mortgage Company (KJR)
May 2, 2018 Filing 25 REPLY to #19 of its Motion to Stay Discovery Pending Resolution of Fifth Third's Motion for Judgment on the Pleadings filed by Fifth Third Mortgage Company. (Watkins, J.)
May 1, 2018 NOTICE OF DOCKET MODIFICATION TO Andre Regard re #24 RESPONSE: Error: a link was created to the Order instead of the Motion. Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the response on the Judges motion report; In the future, create a link to the Motion. No further action required by counsel. cc: COR (KJR)
April 30, 2018 Filing 24 RESPONSE to #19 MOTION to Stay filed by Lundy L. Sparks. (Attachments: #1 Proposed Order)(Regard, Andre) Modified text on 5/1/2018 (KJR).
April 25, 2018 Filing 23 RESPONSE to #16 MOTION for Judgment on the Pleadings filed by Lundy L. Sparks. (Attachments: #1 Proposed Order Proposed order)(Regard, Andre) Modified text on 5/1/2018 (KJR).
April 23, 2018 Filing 21 NOTICE OF GENERAL ORDER REASSIGNING CASE: Judge Karen K. Caldwell is no longer assigned to case. Case reassigned to Judge Claria Horn Boom for all further proceedings pursuant to General Order No. 18-04. (SCD)
April 23, 2018 Opinion or Order Filing 20 ORDER re Fifth Third Mortgage Company's #19 MOTION to Stay & MOTION for Judgment on the Pleadings; pla respond within 7 days; dft MAY reply within 3 days; the matter will then stand submitted; the court CANCELS the Telephonic Conference scheduled for 5/1/18; court will reset the call if it denies the sought stay or depending upon the outcome of DE 16. Signed by Magistrate Judge Robert E. Wier on 4/23/18.(KJR)cc: COR,D
April 23, 2018 Filing 19 MOTION to Stay re #16 MOTION for Judgment on the Pleadings by Fifth Third Mortgage Company by Fifth Third Mortgage Company Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Order)(Watkins, J.)
April 20, 2018 Opinion or Order Filing 18 ORDER: DENYING dft's #17 Motion for telephonic status conference; given the nature of the apparent dispute, the court chooses to forgo the normal pre-motion process & give dft Fifth Third leaving to file a formal motion on the subject matter; if dft files a motion, the court will set a briefing schedule. Signed by Magistrate Judge Robert E. Wier on 4/20/18. (KJR)cc: COR
April 19, 2018 Filing 17 MOTION for Hearing by Fifth Third Mortgage Company For Telephonic Conference Regarding An Unresolved Discovery Dispute Motions referred to Robert E. Wier. (Attachments: #1 Proposed Order Order)(Watkins, J.)
April 4, 2018 Filing 16 MOTION for Judgment on the Pleadings by Fifth Third Mortgage Company. (Attachments: #1 Memorandum in Support, #2 Exhibit A Motion #3 Proposed Order)(Watkins, J.) Modified text on 4/5/2018 (KJR).
April 4, 2018 Filing 15 NOTICE by Lundy L. Sparks Request for Production of Documents (Regard, Andre)
February 20, 2018 Filing 14 AMENDED FRCP 7.1 DISCLOSURE STATEMENT by Fifth Third Mortgage Company identifying Other Affiliate Fifth Third Bankcorp, Other Affiliate T. Rowe Price for Fifth Third Mortgage Company.. (Watkins, J.)
January 11, 2018 Filing 13 NOTICE by Lundy L. Sparks of Service of Plaintiffs Initial Disclosures to Defendant (Regard, Andre)
January 11, 2018 Filing 12 NOTICE by Lundy L. Sparks of Plaintiff's Initial Disclosures to Defendant (Regard, Andre)
December 14, 2017 Opinion or Order Filing 11 ORDER: The Court SCHEDULES a TELEPHONIC CONFERENCE, for counsel only, for 5/1/2018 at 10:30 AM in LEXINGTON before Magistrate Judge Robert E. Wier, to discussed the schedule, discovery progress, and any pretrial concerns raised by the respective parties. Signed by Magistrate Judge Robert E. Wier on 12/14/2017.(KM)cc: COR,D
December 14, 2017 Opinion or Order Filing 9 PRETRIAL ORDER: 1. NLT 21 days before PTC counsel shall file: a. list of witnesses & exhibits; b. motions in limine; c. transcripts of all evidentiary depositions with any motion for ruling upon any objection made to an evidentiary deposition to be used at trial; d. pretrial memorandum brief; e. proposed agreed jury instructions; f. proposed voir dire; 2. NLT 14 days before PTC parties shall file: a. written objections to witnesses & exhibits; b. responses to any motion's in limine; c. responses to motions for ruling upon objections to evidentiary hearings;. 3. At PTC counsel shall be prepared to: a. discuss possible stipulations of admissibility; b. disclose demonstrative or summary exhibits intended for use at trial; c. display to court pre-marked exhibits intended to be used at trial; d. discuss the possibility of settlement; e. advise the court of anticipated technological issues that may arise at trial; 4. PTC shall be attended by all attorneys who will be trying the case along with parties and/or representatives. Signed by Judge Karen K. Caldwell on 12/14/2017.(KM)cc: COR
December 14, 2017 Opinion or Order Filing 8 SCHEDULING ORDER: The following deadlines shall be observed in this action: a. Parties shall exchange information required by Rule 26(a)(1) by 1/11/2018; b. Motions to amended pleadings & to join additional parties due by 6/29/2018; c. Supplementation of disclosures and responses as required by Rule 26(e); d. Rule 26(a)(2) reports due for plaintiff by 10/15/2018, and for defendant by 11/30/2018; e. NLT 8/31/2018 fact discovery due, NLT 1/11/2019 expert discovery due; f. Dispositive Motions due by 2/15/2019; 2. No motions to compel, nor any other motions relating to a discovery dispute, shall be filed unless all counsel involved in such dispute have first conferred as directed by Fed.R.Civ.P. 37(a)(2)(A); 3. Parties shall observe directives as listed within order regarding the filing of discovery materials in this case unless the court otherwise specifically orders; 4. No extensions of the deadlines set in this order, or those contained in the separate pretrial conference order also entered this date shall be granted unless an appropriate motion is filed prior to expiration of the deadline in question, and upon a showing of good cause; 5. This matter is assigned for a TELEPHONIC PRETRIAL CONFERENCE on 7/17/2019 at 01:00 PM in LEXINGTON before Judge Karen K. Caldwell; 6. This action is set for JURY TRIAL on 8/19/2019 at 09:00 AM in LEXINGTON before Judge Karen K. Caldwell. IT IS FURTHER ORDERED, this matter is referred to the Magistrate Judge (Wier) chosen by random draw for the purposes of managing all discovery & pretrial scheduling issues. Parties shall attempt to resolved disputes as list within this order. Signed by Judge Karen K. Caldwell on 12/14/2017. (KM)cc: COR,D,JC
December 14, 2017 Set/Reset Deadlines: Discovery deadline updated. (KM)
December 13, 2017 Filing 7 JOINT REPORT of Rule 26(f) Planning Meeting. (Regard, Andre)
December 13, 2017 ***FILE SUBMITTED TO CHAMBERS of Judge Caldwell for review: #7 Report of Rule 26(f) Planning Meeting (KM)
November 22, 2017 Opinion or Order Filing 6 ORDER FOR MEETING AND REPORT: The court hereby ORDERS: 1. Within 21 days from the date of service of this Order, parties shall meet to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case, to make or arrange for the disclosures and to develop a propose discover plan; 2. Within 10 days after meeting file a joint status report. Signed by Judge Karen K. Caldwell on 11/22/2017.(KM)cc: COR
November 22, 2017 Filing 5 ANSWER to Complaint by Fifth Third Mortgage Company.(Watkins, J.)
November 16, 2017 Filing 4 NOTICE: that the undersigned's stepson, Lloyd R. Cress, Jr. is employed as a non-equity member of Dinsmore & Shohl, LLP. Signed by Judge Karen K. Caldwell on 11/16/17.(KJR)cc: COR
November 16, 2017 Conflict Check run. (KM)
November 15, 2017 Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Fifth Third Mortgage Company identifying Corporate Parent Fifth Third Bancorp, Corporate Parent Fifth Third Bank for Fifth Third Mortgage Company. (KM)
November 15, 2017 Filing 1 NOTICE OF REMOVAL from Jessamine Circuit Court, case number 17-CI-623. ( Filing fee $400; receipt number 0643-3939616), filed by Fifth Third Mortgage Company. (Attachments: #1 Exhibit - State Court Record, #2 Civil Cover Sheet)(KM)

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Plaintiff: Lundy L. Sparks
Represented By: Andre F. Regard
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Defendant: Fifth Third Mortgage Company
Represented By: J. Tanner Watkins
Represented By: Glenn Lukus Burton
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