Chesser v. Fifth Third Bank, Inc.
| Beverly Chesser |
| Fifth Third Bank, Inc. |
| 5:2019cv00081 |
| March 4, 2019 |
| US District Court for the Eastern District of Kentucky |
| Danny C Reeves |
| Matthew A Stinnett |
| Contract: Other |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 18, 2020. A more recent docket listing may be available from PACER.
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Filing 80
ORDER: 1. The parties' construed motion [Record No. #79 ] is GRANTED. 2. Plaintiff Beverly Chesser's claims against Defendant Fifth Third Bank National Association are DISMISSED, with prejudice. 3. Unless inconsistent with the parties' settlement agreement, they shall bear their respective costs, attorneys fees, and expenses. 4. The pretrial conference and jury trial scheduled in this matter are CANCELED. 5. This matter is DISMISSED and STRICKEN from the Court's docket. Signed by Judge Danny C. Reeves on 12/18/2020.(JJ)cc: COR,D,JC
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| Filing 79 STIPULATION of Dismissal with Prejudice filed Jointly by Fifth Third Bank, Inc.. (Attachments: #1 Proposed Order Order)(Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #78 Joint Status Report, #77 Joint Status Report (SLH) |
| Filing 78 JOINT STATUS REPORT with permission by Fifth Third Bank, Inc., Beverly Chesser. (Watkins, J.) Modified text and filers on 12/8/2020 (SLH). |
| Filing 77 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser (Watkins, J.) Modified text and filers on 11/3/2020 (SLH). |
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Filing 76
MEMORANDUM ORDER: ORDERED as follows: 1) Dft's #69 Motion to enforce a settlement agreement is DENIED. 2) Pla's #72 proposed Agreed Order of Dismissal, construed as a Motion, is DENIED. 3) This matter is SCHEDULED for a JURY TRIAL on 2/23/2021 at 09:00 AM in LEXINGTON before Judge Danny C. Reeves. Counsel to be present at 08:30 a.m. 4) Parties should not construe the reinstatement of the trial date as a basis for further motion practice. 5) A PRETRIAL CONFERENCE is scheduled for 1/14/2021 at 01:00 PM in LEXINGTON before Judge Danny C. Reeves. 6) Dft's #70 Motion for an Extension of time to file an Agreed Order of Dismissal is DENIED, as moot. 7) Dft's #74 Motion to Strike the Pla's response is DENIED. However, the Pla's 71 Response shall be SEALED. 8) Dft's #75 Motion to Substitute a redacted exhibit is GRANTED. Signed by Judge Danny C. Reeves on 10/16/2020.(MDC)cc: COR, D, JC
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| Filing 75 MOTION for Order by Fifth Third Bank, Inc. to Substitute Exhibit to Motion to Enforce Settlement Agreement and Reply in Further Support of its Motion to Enforce Settlement Agreement (Attachments: #1 Exhibit Exhibit 1 - Settlement Agreement Emails, #2 Proposed Order Proposed Order)(Watkins, J.) |
| NOTICE OF DOCKET MODIFICATION TO J. Tanner Watkins re #73 REPLY; Error: This is a reply and a motion. The document was filed only as a reply when the document should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a Motion to Strike #74 . In the future, when filing multiple documents within one filing, please refer to the ECF User Manual 'Filing Other Types of Documents' for the correct procedure. No further steps required by counsel. cc: COR (KM) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #72 Proposed Agreed Order by Beverly Chesser, #69 MOTION for Order Enforcing the Parties Settlement Agreement by Fifth Third Bank, Inc. (KM) |
| Filing 74 MOTION to Strike 71 Response in Opposition to Motion, by Fifth Third Bank, Inc. (Attachments: #1 Exhibit 1 - Settlement Emails, #2 Proposed Order)Document was combined within the Reply #73 and filed separately pursuant to QC. (KM) |
| Filing 73 REPLY to 71 Response to #69 Motion for Enforcement of Settlement Agreement filed by Fifth Third Bank, Inc.. (Attachments: #1 Exhibit 1 - Settlement Emails, #2 Proposed Order on Motion to Strike and For Costs)(Watkins, J.) Modified text on 10/16/2020 (KM). |
| Filing 72 Proposed Agreed Order by Beverly Chesser. (Erwin, William) |
| Filing 70 MOTION for Extension of Time by Fifth Third Bank, Inc. to File Agreed Order of Dismissal Motions referred to Matthew A. Stinnett. (Attachments: #1 Proposed Order Proposed Order)(Watkins, J.) |
| Filing 69 MOTION for Order by Fifth Third Bank, Inc. Enforcing the Parties Settlement Agreement (Attachments: #1 *SEALED UNREDACTED Exhibit Exhibit 1 - Settlement Agreement Emails, #2 Exhibit Exhibit 2 - Proposed Settlement Agreement, #3 Exhibit Exhibit 3 - W9 Emails, #4 Proposed Order Proposed Order)(Watkins, J.) (Additional attachment(s) added on 10/16/2020: #5 Redacted Exhibit - Settlement Agreement Emails) (MDC). Modified Text/Exh Restriction/Exh Added on 10/16/2020 per #76 Order. (MDC). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #68 Joint Status Report (SLH) |
| Filing 68 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser. (Watkins, J.) Modified text and filers on 10/6/2020 (SLH). |
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Filing 67
ORDER: It is ORDERED that the parties shall tender a proposed Agreed Order of Dismissal With Prejudice within 30 days. Signed by Judge Danny C. Reeves on 9/17/2020.(KM)cc: COR
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| Filing 66 NOTICE of Settlement by Fifth Third Bank, Inc. (Watkins, J.) |
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Filing 65
ORDE: Due to a scheduling conflict, IT IS ORDERED that the jury trial set to begin on September 21, 2020, is CONTINUED GENERALLY. A telephone conference will be scheduled by subsequent Order to set a new trial date at a time convenient for the parties and witnesses. Signed by Judge Danny C. Reeves on 9/17/2020.(GLD)cc: COR,D,JC
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Filing 64
MEMORANDUM OPINION & ORDER: Dft's renewed #54 MOTION in Limine by Fifth Third Bank, Inc. To Exclude Evidence and Testimony of Plaintiff's Compensatory Damages is GRANTED in part and DENIED in part. Signed by Judge Danny C. Reeves on 9/15/2020.(SLH)cc: COR
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| Filing 63 REPLY to #54 filed by Fifth Third Bank, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Chesser Deposition excerpts)(Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #62 Response #60 Response (KM) |
| NOTICE OF DOCKET MODIFICATION TO William Erwin re #62 Response and #60 Response: Error: a link was created to a Motion instead of Objections ; Entry by attorney; Clerk modified the entry to create a link to the appropriate Objections. The appropriate event is Reply not Reply to Motion. In the future, contact the ECF help desk when assistance is needed to select the correct event. No further action required by counsel. NOTICE re DOCUMENT CONVERSION REQUIREMENT TO William Erwin #61 Response #62 Response #60 Response Error: the document was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY when you cannot electronically prepare your documents with word processing software and convert them to PDF format. No further action required by counsel. cc: COR(KM) |
| Filing 62 RESPONSE to Plaintiff's Witness List Objection #52 filed by Beverly Chesser. (Erwin, William) Modified to correct docket entry link on 9/11/2020 (KM). |
| Filing 61 RESPONSE to Motion re #54 MOTION in Limine by Fifth Third Bank, Inc. To Exclude Evidence and Testimony of Plaintiff's Compensatory Damages filed by Beverly Chesser. (Erwin, William) |
| Filing 60 RESPONSE to Defendant's Objection #53 filed by Beverly Chesser. (Erwin, William) Modified to link to correct docket entry on 9/11/2020 (KM). |
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Filing 59
ORDER RE: COURTROOM DECORUM AND TRIAL PROCEDURES. Signed by Judge Danny C. Reeves on 9/9/20.(JLM)cc: COR
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Filing 58
ORDER: Dft's #55 MOTION to Expedite is GRANTED; 2. The pltf is directed to respond to dft's #54 Motion in Limine on or before 9/11/2020; 3. Dft is directed to file reply on or before 9/14/2020. Signed by Judge Danny C. Reeves on 9/8/2020.(SLH)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #57 Joint Status Report, #56 Proposed Jury Instructions, #53 Objections to Exhibit List, #52 Objections to Witness List (SLH) |
| Filing 57 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser. (Watkins, J.) Modified text and filers on 9/8/2020 (SLH). |
| Filing 56 JOINT Proposed Jury Instructions by Fifth Third Bank, Inc., Beverly Chesser. (Watkins, J.) Modified text and filers on 9/8/2020 (SLH). |
| Filing 55 MOTION to Expedite by Fifth Third Bank, Inc. The Briefing Schedule on Its Renewed Motion in Limine (Attachments: #1 Proposed Order Granting Motion for an Expedited Briefing Schedule)(Watkins, J.) |
| Filing 54 MOTION in Limine by Fifth Third Bank, Inc. To Exclude Evidence and Testimony of Plaintiff's Compensatory Damages (Attachments: #1 Proposed Order Granting Renewed Motion in Limine to Exclude Evidence and Testimony of Plaintiff's Compensatory Damages)(Watkins, J.) |
| Filing 53 OBJECTIONS to #48 Plaintiff's Exhibit List filed by Fifth Third Bank, Inc.. (Watkins, J.) |
| Filing 52 OBJECTIONS to #47 Plaintiff's Witness List filed by Fifth Third Bank, Inc.. (Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #50 Witness List, #51 Pretrial Memorandum, #49 Exhibit List (SLH) |
| Filing 51 PRETRIAL MEMORANDUM by Fifth Third Bank, Inc.. (Attachments: #1 Exhibit 1 - September 8 ltr, #2 Exhibit 2- October 5 ltr, #3 Exhibit 3- November 5 ltr, #4 Exhibit 4- June 3 ltr)(Watkins, J.) |
| Filing 50 Witness List by Fifth Third Bank, Inc.. (Watkins, J.) |
| Filing 49 Exhibit List by Fifth Third Bank, Inc... (Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #48 Exhibit List, #47 Witness List, #46 Trial Brief (SLH) |
| Filing 48 Exhibit List by Beverly Chesser.. (Erwin, William) |
| Filing 47 Witness List by Beverly Chesser. (Erwin, William) |
| Filing 46 TRIAL BRIEF Memorandum by Beverly Chesser. (Erwin, William) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #45 Joint Status Report (SLH) |
| Filing 45 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser. (Watkins, J.) Modified text and filers on 8/4/2020 (SLH). |
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Filing 44
MEMORANDUM OPINION & ORDER: 1. Dft Fifth Third Bank's #34 MOTION in Limine (Omnibus) is GRANTED, in part, and DENIED, in part. The Court RESERVES ruling on : 1) whether certain unspecified undisclosed evidence should be excluded at trial; 2) Whether the 1/22/2020 letter from Fifth Third to Pltf should be excluded from trial; 2. Dft's #35 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Evidence or Testimony of its Financial Conditionis GRANTED; 3. Dft's #36 MOTION in Limine to Exclude Plaintiff's Alleged Compensatory Damages and Attorney's Fees is GRANTED, in part, and DENIED, in part.; 4. Dft's #37 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Argument, Evidence, or Testimony Regarding Punitive Damages is DENIED; 5. Chesser shall disclose documentation and calculations of any compensatory damages ON OR BEFORE 8/28/2020. Failure to comply may result in the exclusion of evidence of such damages at trial. Signed by Judge Danny C. Reeves on 7/14/2020.(SLH)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #43 Joint Status Report (SLH) |
| Filing 43 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser (Watkins, J.) Modified filers and text on 7/7/2020 (SLH). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #42 Joint Status Report (SLH) |
| Filing 42 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser (Watkins, J.) Modified text and filers on 6/2/2020 (SLH). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #34 MOTION in Limine by Fifth Third Bank, Inc. (Omnibus), #36 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Plaintiff's Alleged Compensatory Damages and Attorney's Fees, #37 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Argument, Evidence, or Testimony Regarding Punitive Damages, #35 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Evidence or Testimony of its Financial Condition (SLH) |
| NOTICE OF DOCKET MODIFICATION TO J. Tanner Watkins re #41 Reply. Error: alink was created to the Response instead of the Motion; Entry by attorney;Clerk modified the entry to create a link to the Motion, thereby placing thereply on the Judges motion report. In the future, create a link to the subjectmotion. The appropriate event is Reply to Response to Motion. No furtheraction required by counsel. cc: COR(SLH) Modified text on 5/7/2020 (SLH). |
| Filing 41 REPLY to Response to Motion re #36 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Plaintiff's Alleged Compensatory Damages and Attorney's Fees, #34 MOTION in Limine by Fifth Third Bank, Inc. (Omnibus), #37 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Argument, Evidence, or Testimony Regarding Punitive Damages, #35 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Evidence or Testimony of its Financial Condition filed by Fifth Third Bank, Inc. (Attachments: #1 Exhibit 1 - City of Dayton Complaint, #2 Exhibit 2 - June 3 2019 Letter)(Watkins, J.) Modified text on 5/7/2020 (SLH). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #40 Joint Status Report (SLH) |
| Filing 40 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser. (Watkins, J.) Modified text and filers on 5/5/2020 (SLH). |
| Filing 39 RESPONSE to Motion re #36 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Plaintiff's Alleged Compensatory Damages and Attorney's Fees, #34 MOTION in Limine by Fifth Third Bank, Inc. (Omnibus), #37 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Argument, Evidence, or Testimony Regarding Punitive Damages, #35 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Evidence or Testimony of its Financial Condition filed by Beverly Chesser. (Erwin, William) |
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Filing 38
ORDER: 1. JURY TRIAL is RESCHDULED for 9/21/2020 at 09:00 AM in LEXINGTON before Judge Danny C. Reeves, counsel to be present at 8:30 am (3 days). 2. The Court's #10 Scheduling Order is AMENDED as follows: (11)Pretrial filings due 8/28/2020. (12) Pre-mark and number all exhibits by 8/28/2020. (13) Agreed Proposed Jury Instructions due 9/4/2020. (14) Objections due by 9/4/2020. (15) Pretrial filings may be submitted to the undersigned at reeves_chambers@kyed.uscourts.gov. (16) Exhibits shall be submitted to the Court's chambers NLT 9/11/2020. 3. The parties shall brief the pending #34 , #35 , #36 & #37 Motions in Limine in accordance with Local Rules of Civil Procedure. Signed by Judge Danny C. Reeves on 4/8/2020.(JJ)cc: COR,D,JC
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| Filing 37 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Argument, Evidence, or Testimony Regarding Punitive Damages (Attachments: #1 Exhibit 1 - Mortgage Agreement, #2 Exhibit 2 - Freddie Mac Guide, #3 Exhibit 3 - September 28 2018 Letter, #4 Exhibit 4 - Plaintiff's Deposition Excerptst, #5 Exhibit 5 - Plaintiff's Discovery Responses, #6 Exhibit 6 - October 5 2018 Letter, #7 Exhibit 7 - November 5 2018 Letter, #8 Exhibit 8 - Plaintiff's Initial Disclosures, #9 Proposed Order on Motion in Limine to Exclude Argument, Evidence, or Testimony Regarding Punitive Damages)(Watkins, J.) |
| Filing 36 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Plaintiff's Alleged Compensatory Damages and Attorney's Fees (Attachments: #1 Exhibit 1 - Plaintiff's Initial Disclosures, #2 Exhibit 2 - Plaintiff's Discovery Responses, #3 Exhibit 3 - Plaintiff's Deposition Excerpts, #4 Proposed Order on Motion in Limine to Exclude Plaintiff's Alleged Compensatory Damages and Attorney's Fees)(Watkins, J.) |
| Filing 35 MOTION in Limine by Fifth Third Bank, Inc. to Exclude Evidence or Testimony of its Financial Condition (Attachments: #1 Proposed Order on Motion in Limine to Exclude Evidence or Testimony of Financial Condition)(Watkins, J.) |
| Filing 34 MOTION in Limine by Fifth Third Bank, Inc. (Omnibus) (Attachments: #1 Proposed Order to Omnibus Motion in Limine)(Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #33 Joint Status Report (SLH) |
| Filing 33 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser (Watkins, J.) Modified text and filers on 4/7/2020 (SLH). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #32 Joint Status Report (SLH) |
| Filing 32 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser. (Watkins, J.) Modified text and filers on 3/3/2020 (SLH). |
| Filing 31 NOTICE OF APPEARANCE by Fifth Third Bank, Inc.. (O'Gara, Daniel) |
| Filing 30 TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 02/07/2020 before Judge Danny C. Reeves. Court Reporter: Elaine Haberer, RPR, Telephone number 859-469-7456. Transcript ordered by: BEVERLY CHESSER. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 3/12/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 5/21/2020. |
| Filing 29 TRANSCRIPT REQUEST re Oral Argument Hearing #28 held on 2/7/2020 before Judge Judge Danny C. Reeves by Beverly Chesser (SLH) |
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Filing 28
MINUTE ENTRY ORDER FOR ORAL ARGUMENT HEARING held on 2/7/2020, before Judge Danny C. Reeves: This matter called for oral argument pursuant to Court's prior #25 Memo. Opinion and Order. COR appeared as noted. Pltf Chesser was present but a corp. rep. of dft did not appear for hearing. Parties stated positions on issues raised in dft's motion for summary judgment. It is hereby ORDERED as follows: 1. Dft's motion for summary judgment re the pltf's breach of contract claim is DENIED; 2. This matter remains scheduled of Jury Trial on 5/4/2020 at 9:00 a.m.(3 days) COR to be present at 8:30 a.m. Signed by Judge Danny C. Reeves. (Court Reporter Elaine Haberer.) (SLH)cc: COR,D,JC
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| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #27 Joint Status Report (SLH) |
| Filing 27 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser (Watkins, J.) Modified text and filers on 2/4/2020 (SLH). |
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Filing 26
ORDER: It ORDERED that the HEARING set for 2/7/2020 at 1:00 pm is RESCHEDULED for that same date, beginning at 12:30 PM in LEXINGTON before Judge Danny C. Reeves. Signed by Judge Danny C. Reeves on 1/30/2020.(KM)cc: COR,D
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Filing 25
MEMORANDUM OPINION & ORDER: 1. Dft Fifth Third Bank, National Association's #21 MOTION for Summary Judgment is GRANTED, in part. The Court RESERVES ruling on whether dft is entitled to summary judgment on pltf's breach of contract claim; 2.Parties shall appear for a hearing conducted in accordance w/ order on 2/7/2020 at 01:00 PM in LEXINGTON before Judge Danny C. Reeves. Signed by Judge Danny C. Reeves on 1/21/2020.(SLH)cc: COR,D
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: re #21 MOTION for Summary Judgment by Fifth Third Bank, Inc. (SLH) |
| Filing 24 REPLY to #21 in further support of its Motion for Summary Judgment filed by Fifth Third Bank, Inc.. (Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #23 Joint Status Report (SLH) |
| Filing 23 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser (Watkins, J.) Modified text and filers on 1/7/2020 (SLH). |
| Filing 22 RESPONSE to Motion re #21 MOTION for Summary Judgment by Fifth Third Bank, Inc. filed by Beverly Chesser. (Erwin, William) |
| Filing 21 MOTION for Summary Judgment by Fifth Third Bank, Inc. (Attachments: #1 Memorandum in Support of Motion for Summary Judgment, #2 Exhibit 1 - Chesser Mortgage, #3 Exhibit 2 - Freddie Mac Guidelines, #4 Exhibit 3 - Chesser Deposition Excerpts (Collective), #5 Exhibit 4 - Chesser's Responses to Fifth Third's Discovery Requests, #6 Exhibit 5 - June 3, 2019 Letter to Chesser, #7 Exhibit 6 - Fifth Third's Responses to Chesser's Discovery Requests, #8 Proposed Order on Motion for Summary Judgment)(Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #20 Joint Status Report (SLH) |
| Filing 20 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser (Watkins, J.) Modified filers on 12/3/2019 (SLH). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #19 Notice by Fifth Third Bank, Inc. Change of Party Name (SLH) |
| Filing 19 NOTICE by Fifth Third Bank, Inc. Change of Party Name (Watkins, J.) |
| Filing 18 NOTICE OF FILING by Beverly Chesser (Erwin, William) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Danny C. Reeves for review: #17 Joint Status Report (SLH) |
| Filing 17 JOINT STATUS REPORT by Fifth Third Bank, Inc., Beverly Chesser (Watkins, J.) Modified filers on 11/5/2019 (SLH). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #16 Status Report (JLM) |
| Filing 16 JOINT STATUS REPORT by Fifth Third Bank, Inc.. (Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #15 Status Report (JLM) |
| Filing 15 JOINT STATUS REPORT by Fifth Third Bank, Inc.. (Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #14 Status Report (JLM) |
| Filing 14 JOINT STATUS REPORT by Fifth Third Bank, Inc.. (Watkins, J.) |
| Filing 13 JOINT STATUS REPORT by Fifth Third Bank, Inc.. (Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #13 Status Report (JLM) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #12 Status Report (JLM) |
| Filing 12 JOINT STATUS REPORT by Fifth Third Bank, Inc.. (Watkins, J.) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #11 Joint Status Report (JLM) |
| Filing 11 JOINT STATUS REPORT by Fifth Third Bank, Inc.. (Watkins, J.) |
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Filing 10
SCHEDULING ORDER: (1) NLT 5/6/2019, parties shall exchange disclosures. (2) NLT 9/23/2019 Plaintiff shall disclose expert witnesses. NLT 10/21/2019 Defendant shall disclose expert witnesses. (3) Supplementation shall be due within 30 days of the discovery of new information, but NLT 30 days prior to the close of discovery. (4) NLT 11/25/2019, parties shall complete all discovery. (5) Maximum duration of each deposition shall be limited to 7 hours. (6) All discovery disputes are referred to the United States Magistrate selected by random draw (Magistrate Judge Matthew A. Stinnett). (7) All motions for extensions of time shall be referred to the undersigned for disposition. The parties are advised in advance that such motions are not favored and must be accompanied by a memorandum and affidavit of counsel outlining sufficient grounds for granting the relief sought. (8) Parties may not, by agreement, extend any of the deadlines set forth in this Scheduling Order. (9) NLT 8/5/2019, plaintiff shall file any motion to amend pleadings and/or join additional parties. NLT 8/19/2019, defendant shall file any motion to amend pleading and/or join additional parties. (10) NLT 12/23/2019, parties shall file all dispositive motions and Daubert motions. (11) On or before 4/10/2020, counsel shall file, submit to the Court's chambers, and provide to opposing counsel, the following: (a) a witness lists with a brief summary of the expected testimony of each witness, (b) a list of exhibits to be used at trial, and (c) a pretrial memorandum. (12) On or before 4/10/2020, counsel shall pre-mark and number all exhibits. (13) On or before 4/17/2020 any objections to the use of depositions or to the admissibility of exhibits. (15)The above listed pretrial filings may be submitted to the undersigned at reeves_chambers@kyed.uscourts.gov. (16) NLT 4/24/2020, parties shall submit to the Court's chambers a copy of each exhibit. (17) JURY TRIAL set for 5/4/2020 at 09:00 AM in LEXINGTON before Judge Danny C. Reeves, with counsel to be present at 8:30 a.m. (3 days). (18) The parties are directed to file a joint status report the first Monday of each month. Failure to timely comply with this requirement shall result in the matter being set for a status conference, requiring the attendance of counsel and the parties. (19) Parties are directed to use the service of a private mediator in the event they seek to mediate their dispute. Signed by Judge Danny C. Reeves on 4/25/2019.(JJ)cc: COR,D,JC
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| Filing 9 JOINT REPORT of Rule 26(f) Planning Meeting. (Watkins, J.) |
| Filing 8 FIRST DISCLOSURES Federal Rule 26(a) by Beverly Chesser.(Erwin, William) |
| NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re [#7] First Disclosures of Plaintiff was an INCOMPLETE PDF document filed as main document; Attorney shall re-file the corrected First Disclosures of Plaintiff within seven (7) calendar days. *cd* cc: COR (JLM) |
| Filing 7 STRICKEN FROM DOCKET: BLANK DOCUMENT - PURSUANT to Notice of Action Striking Document filed on 4/23/19. Modified on 4/23/2019 (JLM). |
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Filing 6
ORDER: denying #5 Motion to Withdraw as Attorney by William R. Erwin. Signed by Judge Danny C. Reeves on 4/10/19. (JLM)cc: COR
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| Filing 5 MOTION to Withdraw as Attorney by Beverly Chesser (Attachments: #1 Proposed Order Order to Withdraw as Counsel)(Erwin, William) |
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Filing 4
ORDER: 1. NLT 30 days from the date of entry of this order, parties shall conduct meeting of parties to discuss the possibilities of prompt settlement or resolution of the case and to develop a proposed discovery plan; 2. At the meeting, counsel for the parties shall exchange the disclosures and, in the future, make supplemental disclosures when required; 3. NLT 10 days after meeting, the parties shall file a joint written report outlining the proposed discovery plan. Signed by Judge Danny C. Reeves on 3/20/19. (Attachments: #1 Magistrate Consent Form)(JLM)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Reeves for review: #1 Notice of Removal, (JLM) |
| Filing 3 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Fifth Third Bank, Inc. identifying Other Affiliate Fifth Third Bankcorp for Fifth Third Bank, Inc... (Watkins, J.) |
| ANSWER to Complaint (Notice of Removal) by Fifth Third Bank, Inc. (filed in state court, see doc. #1 ). (JLM) |
| Filing 1 NOTICE OF REMOVAL from Boyle Circuit Court, case number 19-CI-00045. Filing fee $400; receipt number 0643-4300499, filed by Fifth Third Bank, Inc. (Attachments: #1 State Court Record Exhibit 1-All pleadings filed in state court, #2 State Court Record Exhibit 2-Notice of filing notice of removal, #3 Civil Cover Sheet) (Exhibit 3-Fifth Third's Corporate Disclosure was blank-to be refiled)(JLM) |
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| Plaintiff: Beverly Chesser | |
| Represented By: | William R. Erwin |
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| Defendant: Fifth Third Bank, Inc. | |
| Represented By: | J. Tanner Watkins |
| Represented By: | Young-Eun Park |
| Represented By: | Daniel J. O'Gara |
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