Malagese v. Fifth Third Bank, National Association
| David Malagese and Gabrielle Chappell |
| Fifth Third Bank and Fifth Third Bank, National Association |
| 3:2017cv00489 |
| August 11, 2017 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Jefferson |
| Regina S Edwards |
| Joseph H McKinley |
| Greg N Stivers |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 84 JUDGMENT by Chief Judge Greg N. Stivers. This matter having come before the Court on Defendant's Motion for Summary Judgment (DN #73 ), and the Court on this date having issued its Memorandum Opinion and Order granting the motion (DN #83 ). IT IS HEREBY ORDERED that judgment be entered in favor of Defendant Fifth Third Bank, N.A. consistent with the Court's Memorandum Opinion and Order. This is a final and appealable order. cc: Counsel (CDF) |
Filing 83
MEMORANDUM OPINION AND ORDER by Chief Judge Greg N. Stivers on 5/26/2020; For the reasons set forth, IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment (DN #73 ) is GRANTED. All of Plaintiffs' claims against Defendant are DISMISSED WITH PREJUDICE. The Clerk is directed to strike this matter from the active docket. cc: Counsel (CDF)
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| Filing 82 STIPULATION re #81 Telephone Conference, Joint Stipulation of the Amount in Controversy Establishing Subject Matter Jurisdiction Pursuant to CAFA by Gabrielle Chappell, David Malagese. (McCune, Richard) |
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Filing 81
ORDER for proceedings held before Chief Judge Greg N. Stivers: Telephone Conference held on 4/13/2020. IT IS HEREBY ORDERED the Plaintiffs shall file a supplement regarding the issue of the amount-in-controversy under 28 U.S.C. Section 1332(d)(2) and (6) on or before April 23, 2020. Counsel for the Defendant will have ten days from the filing of Plaintiffs' supplement to respond. cc: Counsel (CDF)
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Filing 80
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 4/6/2020. IT IS HEREBY ORDERED a Telephone Conference is set for 4/13/2020 at 3:00 PM EDT before Chief Judge Greg N. Stivers. Counsel for the parties shall connect to the telephone conference by dialing 888-808-6929 and entering access code 9986721. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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Filing 79
ORDER Signed by Magistrate Judge Regina S. Edwards on 3/18/2020 granting #78 Joint Motion to Stay All Deadlines Pending Resolution of Fifth Third's Motion for Summary Judgment. After the Court's ruling on Fifth Third's pending Motion for Summary Judgment, the parties shall have 30 days from the date of the Court's ruling to meet and confer to discuss next steps as may be appropriate. cc: Counsel (CDF)
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| Filing 78 Joint MOTION to Stay All Deadlines Pending Resolution of Fifth Third's Motion for Summary Judgment by Defendant Fifth Third Bank, National Association (Attachments: #1 Proposed Order) (Tucker, Joseph) |
| Filing 77 REPLY to Response to Motion re #73 MOTION for Summary Judgment and Memorandum in Support filed by Fifth Third Bank, National Association. (Tucker, Joseph) |
| Filing 76 NOTICE OF FILING by Gabrielle Chappell, David Malagese re #74 Response to Motion,, (Attachments: #1 Exhibit "D" to Kirk Decl (Redacted)-09/2015 Acct Summary) (McCune, Richard) |
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Filing 75
TEXT ORDER by Chief Judge Greg N. Stivers (EBOC) on 1/22/2020. The Plaintiffs filed a document (DN 74-6) which contains the following personal data identifiers: FINANCIAL ACCOUNT NUMBERS (Only the last four numbers of the account number may be identified). Pursuant to Fed. R. Civ. P. 5.2, the personal data identifiers must be redacted. Accordingly, the Clerk of Court is DIRECTED to SEAL (DN 74-6). IT IS ORDERED that within 7 days of the entry date of this Order the Plaintiffs shall file a redacted version of the document that includes a cover page entitled Notice of Filing and links this document to the originally filed document. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel of Record (TJD)
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| Filing 74 RESPONSE to Motion re #73 MOTION for Summary Judgment and Memorandum in Support filed by Gabrielle Chappell, David Malagese. (Attachments: #1 Declaration of David Malagese, #2 Declaration of Emily J Kirk, #3 Exhibit "A" to Kirk Decl (Overdraft Notice), #4 Exhibit "B" to Kirk Decl (06/2014 Acct Summary), #5 Exhibit "C" to Kirk Decl (Depo Excerpts), #6 Exhibit "D" to Kirk Decl (09/2015 Acct Summary), #7 Exhibit "E" to Kirk Decl (excerpt Def Resp to Rogs)) (McCune, Richard) |
| Filing 73 MOTION for Summary Judgment and Memorandum in Support by Defendant Fifth Third Bank, National Association (Attachments: #1 Exhibit A-Malagese Signature Card, #2 Exhibit B-Chappell Signature Card, #3 Exhibit C-2014 Rules and Regulations, #4 Exhibit D-2015 Rules and Regulations, #5 Exhibit E-Mendelsohn Deposition, #6 Exhibit F-Fifth Third's Answers to Interrogatories, #7 Exhibit G-Malagese 9-14-2015 OD Notice, #8 Exhibit H-Chappell 2015 OD Notice, #9 Exhibit I-Malagese 8182015-9172015 Bank Statement, #10 Exhibit J-Chappell October Bank Statement, #11 Proposed Order) (Tucker, Joseph) |
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Filing 72
ORDER ON DEFENDANT'S MOTION FOR ORDER ACKNOWLEDGING NAME CHANGE AND TO CHANGE STYLE OF CASE Signed by Magistrate Judge Regina S. Edwards on 12/20/2019 granting #70 Motion to Modify. The Clerk and the Parties are hereby directed to change the style of the case in future pleadings to reflect that the Defendant in this action is Fifth Third Bank, National Association. cc: Counsel(CDF)
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Filing 71
ORDER GRANTING MOTION TO WITHDRAW PLAINTIFFS' MOTION TO COMPEL DISCOVERY Signed by Magistrate Judge Regina S. Edwards on 12/3/2019 granting #69 Motion to Withdraw and withdrawing #63 Motion to Compel. cc: Counsel (CDF)
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| Filing 70 MOTION to Modify Name Change and Change to Style of Case by Defendant Fifth Third Bank (Attachments: #1 Proposed Order) (Tucker, Joseph) |
| Filing 69 Unopposed MOTION to Withdraw #63 MOTION to Compel Defendant to Produce Documents Responsive to Discovery Requests by Plaintiffs Gabrielle Chappell, David Malagese (Attachments: #1 Proposed Order) (Kirk, Emily) |
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Filing 68
ORDER Signed by Magistrate Judge Regina S. Edwards on 11/17/2019 granting #67 Motion for Extension of Time to File Response to Plaintiffs' Motion to Compel Discovery (DN #63 ). Fifth Third is granted an extension of time up to and including 11/27/2019 in which to file a response. Plaintiffs' deadline to file a reply is extended up to and including 12/11/2019. cc: Counsel (CDF)
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| Filing 67 MOTION for Extension of Time to File Response/Reply as to #63 MOTION to Compel Defendant to Produce Documents Responsive to Discovery Requests by Defendant Fifth Third Bank (Attachments: #1 Proposed Order) (Park, Young-Eun) |
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Filing 66
ORDER Signed by Magistrate Judge Regina S. Edwards on 10/22/2019 granting #65 Motion for Extension of Time to File Response/Reply. Fifth Third's Unopposed Motion for an Extension of Time to File a Response to Plaintiffs' Motion to Compel Discovery is GRANTED. Fifth Third is granted an extension of time up to and including 11/7/2019, in which to file a response to Plaintiffs' Motion to Compel Discovery (D.E. #63 ). Plaintiffs' deadline to file a reply in further support of their Motion to Compel Discovery is extended up to and including 11/21/2019. cc: Counsel (CDF)
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| Filing 65 Unopposed MOTION for Extension of Time to File Response/Reply to Motion to Compel Discovery by Defendant Fifth Third Bank (Attachments: #1 Proposed Order Proposed Order on Motion for Extension of Time) (Park, Young-Eun) |
| Filing 64 ATTACHMENT(s) Plaintiff's Certificate of Compliance re #63 Motion to Compel,,, by Gabrielle Chappell, David Malagese. (McCune, Richard) |
| Filing 63 MOTION to Compel Defendant to Produce Documents Responsive to Discovery Requests by Plaintiffs Gabrielle Chappell, David Malagese (Attachments: #1 Affidavit Affidavit of Emily J. Kirk In Support of Pltf's Motion to Compel, #2 Proposed Order, #3 Exhibit "A" Email, #4 Exhibit "B" Pltaintiff's Request or Production of Documents to Defendant, #5 Exhibit "C" Pltf's 30(b)(6) Deposition Notice to Defendant, #6 Exhibit "D" Email Communication, #7 Exhibit "E" Email Exchange, #8 Exhibit "F" Defendant's Supplemental Responses, #9 Exhibit "G" Emails re Deposition Dates, #10 Exhibit "H" Continuance of Defendant's 30(b)(6) Deposition, #11 Exhibit "I" Depo Excerpts of Ben Mendelsohn, #12 Exhibit "J" Email 6/29/19, #13 Exhibit "K" Email, #14 Exhibit "L" Email) (McCune, Richard) |
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Filing 62
FOURTH AGREED ORDER AMENDING SCHEDULING ORDER signed by Magistrate Judge Regina S. Edwards on 8/6/19; granting #61 Motion to Amend/Correct: Amended Pleadings & Joinder of Parties due by 12/16/2019. Discovery due by 9/27/2019. Dispositive Motions due by 12/30/2019. Expert Witness (Defendant) due by 8/17/2020. Expert Witness (Plaintiff) due by 8/17/2020. cc: Counsel(DJT)
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| Filing 61 Joint MOTION to Amend/Correct Scheduling Order by Defendant Fifth Third Bank (Attachments: #1 Proposed Order) (Park, Young-Eun) |
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Filing 60
THIRD ORDER AMENDING SCHEDULING ORDER Signed by Magistrate Judge Regina S. Edwards on 4/10/2019 granting #59 Motion for Extension of Time to Complete Discovery. Initial stage of discovery primarily on Plaintiffs' individual claims as set forth in the Plaintiffs' complaint and proposed amended complaint is to be completed by 7/29/2019. Should Defendant elect not to file a motion challenging Plaintiffs' individual claims after this initial stage of discovery, the discovery cutoff on class and merits issues to be set forth is 8/17/2020. Should initial limited discovery primarily on the individual claims reveal that expert discovery is necessary, the cutoff date for expert disclosures to take place is 6/18/2020. Joinder of Parties and Amended Pleadings due by 10/15/2019. Dispositive Motions due by 10/30/2019. cc: Counsel(CDF)
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| Filing 59 Unopposed MOTION for Extension of Time to Complete Discovery by Defendant Fifth Third Bank (Attachments: #1 Proposed Order) (Park, Young-Eun) |
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Filing 58
SECOND AGREED ORDER AMENDING SCHEDULING ORDER by Magistrate Judge Regina S. Edwards on 2/8/2019 granting #57 Motion to Amend. Initial stage of discovery primarily on Plaintiffs' individual claims as set forth in the Plaintiffs' complaint and proposed amended complaint is to be completed by 4/29/2019. Should Defendant elect not to file a motion challenging Plaintiffs' individual claims after this initial stage of discovery, the discovery cutoff on class and merits issues to be set forth is 5/19/2020. Should initial limited discovery primarily on the individual claims reveal that expert discovery is necessary, the cutoff date for expert disclosures to take place is 3/30/2020. Joinder of Parties and Amended Pleadings due by 7/17/2019. Dispositive Motions due by 8/1/2019. cc: Counsel (CDF)
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| Filing 57 Joint MOTION to Amend/Correct Scheduling Order by Defendant Fifth Third Bank (Attachments: #1 Proposed Order) (Park, Young-Eun) |
| Filing 56 Mail Returned as Undeliverable re #53 . Mail sent to Jae K. Kim (JM) |
| Filing 55 ANSWER to #53 Amended Complaint by Fifth Third Bank. (Park, Young-Eun) |
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Filing 54
TEXT ORDER by Chief Judge Greg N. Stivers pursuant to GO 2018-14, Case reassigned to Chief Judge Greg N. Stivers for all further proceedings. Judge Rebecca Grady Jennings no longer assigned to case. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (MLG)
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| Filing 53 SECOND AMENDED CLASS ACTION COMPLAINT against Fifth Third Bank, filed by David Malagese, Gabrielle Chappell. (DJT) |
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Filing 52
ORDER signed by Judge Rebecca Grady Jennings on 11/29/18; granting #35 Motion for Leave to File Second Amended Complaint. cc: Counsel(DJT)
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Filing 51
AGREED ORDER AMENDING SCHEDULING ORDER Signed by Magistrate Judge Regina S. Edwards on 9/13/2018 - The Joint Motion (DN #50 ) to Amend the Court's Scheduling Order (DN #43 ) is granted. Expert Disclosures due by 1/30/2020. Plaintiffs' Joinder of Parties due by 5/18/2019. Plaintiffs' Amended Pleadings due by 5/18/2019. Defendant's Joinder of Parties due by 5/18/2019. Defendant's Amended Pleadings due by 5/18/2019. Dispositive Motions due by 6/2/2019. Please see Order for further details. cc: Counsel (KD)
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| Filing 50 Joint MOTION to Amend/Correct #43 Scheduling Order,,, by Defendant Fifth Third Bank (Attachments: #1 Proposed Order) (Tucker, Joseph) |
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Filing 49
ORDER GRANTING MOTION TO WITHDRAW JAE (EDDIE) K. KIM AS COUNSEL PRO HAC VICE Signed by Judge Rebecca Grady Jennings on 8/13/2018, granting #47 Motion to Withdraw as Attorney. cc: Counsel (KD)
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Filing 48
ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE #46 as to Emily J. Kirk signed by Judge Rebecca Grady Jennings on 8/8/2018. cc: Counsel (KD)
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| Filing 47 MOTION to Withdraw as Attorney Jae (Eddie) K. Kim as Counsel Pro Hac Vice. by Plaintiff David Malagese (Attachments: #1 Proposed Order) (McCune, Richard) |
| Filing 46 MOTION for Emily J. Kirk to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2687194. by Plaintiff David Malagese (Attachments: #1 Affidavit of Emily J. Kirk, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (McCune, Richard) |
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Filing 45
TEXT ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to GO 2018-08, Case referred to United States Magistrate Judge Edwards. Case no longer referred to United States Magistrate Whalin. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KJA)
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| Filing 44 NOTICE of Withdrawal of Jae (Eddie) K. Kim as Pro Hac Vice Counsel for Plaintiffs by David Malagese (McCune, Richard) |
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Filing 43
JOINT SCHEDULING ORDER by Magistrate Judge Dave Whalin on 5/15/2018. The Parties shall exchange the initial disclosures required by Rule 26(a)(1) no later than 5/24/2018. The initial stage of discovery primarily on Plaintiffs' individual claims as set forth in the Plaintiffs' complaint and proposed amended complaint be commenced in time to be completed by 10/30/2018. Should Defendant elect not to file a motion challenging Plaintiffs' individual claims after this initial stage of discovery, the parties agree to a discovery cutoff on class and merits issues to be set forth 11/22/2019. The parties agree to expert disclosures take place by 9/30/2019. Plaintiffs shall join any additional party or amend their pleadings by 1/18/2019. Defendant shall join any additional party or amend their pleadings by 1/18/2019. All dispositive motions on Plaintiffs' individual claims shall be filed by 2/1/2019. cc: Counsel (KD)
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| Filing 42 AMENDED JOINT REPORT OUTLINING PROPOSED DISCOVERY PLAN by David Malagese. Amendment to #36 Report of Rule 26(f) Planning Meeting by David Malagese. (Whitfield, John) Modified on 5/4/2018 to clarify (MEJ). |
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Filing 41
ORDER for proceedings held before Magistrate Judge Dave Whalin (EBOC). A telephonic status conference was held on 4/25/2018. Parties will submit an agreed scheduling order for the Court's consideration within ten (10) days of the date of entry of this order. cc: Counsel (KD)
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Filing 40
TEXT ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to GO 2018-03, Case reassigned to Judge Rebecca G. Jennings for all further proceedings. Chief Judge Joseph H. McKinley, Jr. no longer assigned to case. cc:counsel (MLG)
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Filing 39
TEXT ORDER by Chief Judge Joseph H. McKinley, Jr.; Pursuant to GO 2018-03, Case reassigned to Rebecca G. Jennings for all further proceedings. Chief Judge Joseph H. McKinley, Jr. no longer assigned to case.cc:counsel (MLG)
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Filing 38
ORDER (EBOC) for proceedings held before Magistrate Judge Dave Whalin: Scheduling Conference held on 4/17/2018. A scheduling order will not be entered at this time. Telephone Conference set for 4/25/2018 at 3:00 PM before Magistrate Judge Dave Whalin. cc: counsel (JM)
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Filing 37
TEXT ORDER by Magistrate Judge Dave Whalin on 4/12/2018. On the Court's motion, the Telephonic Scheduling Conference set for 4/17/2018 will be conducted at 2:30 PM, instead of 11:00 AM, before Magistrate Judge Dave Whalin. The Court will initiate the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
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| Filing 36 Joint REPORT of Rule 26(f) Planning Meeting by David Malagese. (Kim, Jae) |
| Filing 35 MOTION for Leave to File Second Amended Complaint by Plaintiff David Malagese (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - 2nd Amended Complaint (CLEAN), #3 Exhibit 2 - 2nd Amended Complaint (REDLINED), #4 Proposed Order) (McCune, Richard) |
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Filing 34
ORDER Signed by Magistrate Judge Dave Whalin on 3/12/2018 granting #33 Motion to Continue Scheduling Conference. Telephonic Scheduling Conference set for 4/17/2018 at 11:00 AM before Magistrate Judge Dave Whalin. Rule 26 Meeting Report due by 4/10/2018. cc: Counsel (JM)
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| Filing 33 MOTION to Continue Rule 16 Scheduling Conference and Rule 26 Joint Report by Plaintiff David Malagese (Attachments: #1 Proposed Order) (McCune, Richard) |
| Filing 32 NOTICE of Appearance by Robert B. Herrick on behalf of Fifth Third Bank (Herrick, Robert) |
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Filing 31
ORDER Signed by Magistrate Judge Dave Whalin on 1/17/2018 granting #30 Motion to Continue: Telephonic Scheduling Conference reset for 3/13/2018 at 10:45 AM before Magistrate Judge Dave Whalin. Rule 26 Meeting Report due 7 days prior to the continued Rule 16 Scheduling Conference. cc: Counsel(JM)
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| Filing 30 Unopposed MOTION to Continue Rule 16 Scheduling Conference and Rule 16 Joint Report Filing Date by Plaintiff David Malagese (Attachments: #1 Proposed Order) (Ostrow, Jeffrey) |
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Filing 29
ORDER (EBOC) by Chief Judge Joseph H. McKinley, Jr. on 12/11/2017: Telephonic Scheduling Conference set for 1/24/2018 at 11:30 AM before Magistrate Judge Dave Whalin. Rule 26 Meeting Report due by 1/16/2018. cc: counsel, AH (JM)
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| Filing 28 ANSWER to #20 Amended Complaint by Fifth Third Bank. (Tucker, Joseph) |
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Filing 27
ORDER Signed by Magistrate Judge Dave Whalin on 11/13/2017 granting #24 Motion for Extension of Time to File Answer: Fifth Third shall have through 12/7/2017 to file a response to Plaintiff's Amended Complaint. cc: Counsel (JBM)
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Filing 26
TEXT ORDER by Chief Judge Joseph H. McKinley, Jr. on 11/8/2017: This action is REFERRED to Magistrate Judge Dave Whalin, for determination of nondispositive matters, pursuant to Title 28, U.S.C. 636(b)(1)(A). Said Magistrate Judge is empowered to conduct any hearings necessary for their resolution. IT IS SO ORDERED. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel, A. Henry (EAS)
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Filing 25
ORDER OF RECUSAL by Magistrate Judge Colin H. Lindsay on 11/7/2017: Upon review of this matter and on the Court's own motion, the undersigned hereby RECUSES himself from the above-styled action pursuant to 28 U.S.C. 455. cc: counsel, ES (JBM)
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| Magistrate Judge Colin H. Lindsay no longer assigned to case. (JBM) |
| Filing 24 Unopposed MOTION for Extension of Time to File Response/Reply as to #20 Amended Complaint by Defendant Fifth Third Bank (Attachments: #1 Proposed Order) (Tucker, Joseph) |
| Filing 23 Corporate Disclosure Statement by Fifth Third Bank. (Tucker, Joseph) |
| Filing 22 WAIVER OF SERVICE Returned Executed by David Malagese. All Defendants. (Attachments: #1 Summons Waiver of The Service of Summons) (Whitfield, John) |
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Filing 21
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 9/11/2017 granting #13 Motion for Jeffrey M. Ostrow to Appear Pro Hac Vice; granting #14 Motion for Eddie K. Kim to Appear Pro Hac Vice; granting #15 Motion for Richard McCune to Appear Pro Hac Vice; granting #16 Motion for Taras Kick to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(TLB)
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| Filing 20 AMENDED COMPLAINT against All Defendants, filed by David Malagese. (Attachments: #1 Exhibit Fifth Third Rules and Regulations Applicable to all Fifth Third Consumer and Business Banking Accounts and Cards) (Whitfield, John) |
| NOTICE of email confirmation as to Jeffrey Ostrow re #19 Request for Fee Refund. (MLG) |
| NOTICE of email confirmation as to John Whitfield re #18 Request for Fee Refund (MLG) |
| Filing 19 Request for Fee Refund by David Malagese. (Ostrow, Jeffrey) |
| Filing 18 Request for Fee Refund by David Malagese. (Whitfield, John) |
| Filing 17 Request for Fee Refund by David Malagese. (Whitfield, John) |
| Filing 16 MOTION for Taras Kick to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2503908. by Plaintiff David Malagese (Attachments: #1 Exhibit Declaration of Taras Kick, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Whitfield, John) |
| Filing 15 MOTION to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2503907. by Plaintiff David Malagese (Attachments: #1 Affidavit Richared McCune Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Whitfield, John) |
| Filing 14 MOTION for Jae "Eddie" K. Kim to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2503906. by Plaintiff David Malagese (Attachments: #1 Affidavit Jae "Eddie" K. Kim Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Whitfield, John) |
| Filing 13 MOTION for Jeffrey M. Ostrow to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2503693. by Plaintiff David Malagese (Attachments: #1 Exhibit Declaration of Jeffrey M Ostrow, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Ostrow, Jeffrey) |
| Filing 12 SERVICE BY SECRETARY OF STATE as to Fifth Third Bank COMPLETED on 8/31/2017. Secretary of State return states Item was delivered on 8/24/2017. (JBM) |
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Filing 11
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 8/25/2017 granting #10 Motion for Gary E. Mason to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(TLB)
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| Filing 10 MOTION for Gary E. Mason to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2496553. by Plaintiff David Malagese (Attachments: #1 Exhibit Declaration of Gary E. Mason, #2 Exhibit Certificate of Good Standing, #3 Proposed Order) (Mason, Gary) |
| Filing 9 NOTICE of Deficiency as to Gary E. Mason re #1 Complaint;Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 9/5/2017. (MLG) |
| Filing 8 NOTICE of Deficiency as to Jeffrey M. Ostrow re #1 Complaint;Reason for Deficiency: No Admission or Pro Hac Vice Motion filed.. Failure to comply will be brought to the attention of the Court. Response due by 9/5/2017. (MLG) |
| Filing 7 NOTICE of Deficiency as to Jae K. Kim re #1 Complaint;Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 9/8/2017. (MLG) |
| Filing 6 NOTICE of Deficiency as to Richard D. McCune re #1 Complaint;Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 9/8/2017. (MLG) |
| Filing 5 NOTICE of Deficiency as to Taras P. Kick re #1 Complaint;Reason for Deficiency: No Admission or Pro Hac Vice motion filed. Failure to comply will be brought to the attention of the Court. Response due by 9/8/2017. (MLG) |
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Filing 4
TEXT ORDER by Chief Judge Joseph H. McKinley, Jr. on 8/17/2017: This action is hereby referred to Magistrate Judge Colin H. Lindsay, for determination of nondispositive matters, pursuant to Title 28, U.S.C. 636(b)(1)(A). Said Magistrate Judge is empowered to conduct any hearings necessary for their resolution. IT IS SO ORDERED. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel, T. Burch (EAS)
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| Filing 3 Summons Issued as to Fifth Third Bank. Counsel for Plaintiff is responsible for printing and serving the attached issued summons(es). (MNM) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Chief Judge Joseph H. McKinley, Jr. Magistrate Judge designation: Magistrate Judge Colin H. Lindsay. (MNM) |
| Filing 1 COMPLAINT against Fifth Third Bank. Filing fee $400, receipt number 0644-2490384, filed by David Malagese. (Attachments: #1 Exhibit A - Fifth Third Rules and Regulations, #2 Cover Sheet, #3 Cover Sheet Addendum - Plaintiff Attorneys, #4 Summons Tendered) (MNM) |
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