Miller et al v. Fifth Third Bank, Inc.
| James T. Miller and Cynthia K. Miller |
| Fifth Third Bank, Inc. |
| 3:2018cv00552 |
| August 15, 2018 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Oldham |
| Regina S Edwards |
| Rebecca Grady Jennings |
| Consumer Credit |
| 15 U.S.C. § 1693 ef |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 7, 2020. A more recent docket listing may be available from PACER.
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Filing 34
ORDER on Joint Stipulation of Dismissal with Prejudice by Judge Rebecca Grady Jennings on 1/7/2020, re #33 Stipulation of Dismissal. cc: Counsel (CDF)
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| Filing 33 STIPULATION of Dismissal by Fifth Third Bank, Inc.. (Watkins, J.) |
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Filing 32
ORDER (EBOC) for proceedings held before Magistrate Judge Regina S. Edwards: Telephonic Status Conference held on 12/11/2019. Based on a discussion, the parties were able to reach a resolution regarding the signing of the settlement agreement. The parties agree that Defendant shall tender the settlement amount to Plaintiff's counsel no later than 12/23/2019. cc: Counsel (CDF)
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Filing 31
TEXT ORDER by Magistrate Judge Regina S. Edwards on 11/20/2019. At the request of counsel, a Telephonic Conference is scheduled for 12/11/2019 at 1:00 PM before Magistrate Judge Regina S. Edwards. 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 30
ORDER by Judge Rebecca Grady Jennings on 10/29/2019: This action be, and the same hereby is, DISMISSED WITHOUT PREJUDICE and STRICKEN from the ACTIVE DOCKET. cc: counsel (JM)
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| Filing 29 REPORT for proceedings held before Magistrate Judge Regina S. Edwards: Settlement Conference held on 10/1/2019. Parties were able to reach an agreement for the resolution of all claims. Magistrate Judge recommends that this action be dismissed as settled, with prejudice, with leave to reinstate within thirty (30) days after entry of the order of dismissal should the parties fail to fulfill the terms of the settlement agreement within that time period. cc: Counsel (CDF) |
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Filing 28
TEXT ORDER by Magistrate Judge Regina S. Edwards on 7/30/2019. At the request of counsel, the Settlement Conference set for 8/14/2019 is RESCHEDULED to 10/1/2019 at 10:00 AM before Magistrate Judge Regina S. Edwards. The terms and provisions of the Court's Order for Settlement Conference ( #27 ) shall remain in full force and effect. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
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Filing 27
ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Regina S. Edwards on 6/26/2019. Settlement Conference set for 8/14/2019 at 10:00 AM in chambers before Magistrate Judge Regina S. Edwards. Counsel are directed to review the entirety of this Order. cc: Counsel (MEJ)
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| Filing 26 REPORT OF TELEPHONIC STATUS CONFERENCE for proceedings held before Magistrate Judge Regina S. Edwards (EBOC). Telephonic Status Conference held on 6/17/2019. Based on a discussion with counsel, a settlement conference will be scheduled, by separate order, before the Honorable Regina S. Edwards, United States Magistrate Judge. cc: Counsel (MEJ) |
| Schedules: Telephone Conference set for 6/17/2019 at 10:15 AM before Magistrate Judge Regina S. Edwards. (MEJ) |
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Filing 25
SCHEDULING ORDER for proceedings held before Magistrate Judge Regina S. Edwards (EBOC). Telephonic Rule 16 Scheduling Conference held on 3/27/2019. Defendant Amended Pleadings due by 5/30/2019. Plaintiff Amended Pleadings due by 5/9/2019. Defendants Joinder of Parties due by 5/30/2019. Plaintiff Joinder of Parties due by 5/9/2019. Expert Witness (Defendant) due by 8/22/2019. Expert Witness (Plaintiff) due by 6/25/2019. Discovery due by 11/21/2019. Joint Status Report due by 11/21/2019. Telephonic Status Conference set for 12/2/2019 at 1:30 PM before Judge Rebecca Grady Jennings. The Court will initiate the call. Dispositive/ Daubert Motion due by 12/26/2019. Pretrial Conference set for 6/15/2020 at 10:00 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. Jury Trial set for 6/23/2020 at 9:30 AM in Louisville Courtroom before Judge Rebecca Grady Jennings. Telephonic Status Conference set for 6/17/2019 at 10:15 AM before Judge Rebecca Grady Jennings. cc: Counsel, Jury (MEJ)
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| Filing 24 REPORT of Rule 26(f) Planning Meeting by Cynthia K. Miller, James T. Miller. (Hemminger, David) |
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Filing 23
ORDER by Magistrate Judge Regina S. Edwards (EBOC) on 2/7/2019. Telephonic Scheduling Conference set for 3/27/2019 10:15 AM before Magistrate Judge Regina S. Edwards. The Court will initiate the call to counsel. The Parties shall comply as set forth in the Order. cc: Counsel (RLJ)
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Filing 22
TEXT ORDER by Judge Rebecca Grady Jennings on 2/6/2019; pursuant to 28 U.S.C. 636(b)(1)(A), this matter is REFERRED to U.S. Magistrate Judge Regina S. Edwards for resolution of all litigation planning issues, a scheduling conference, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Edwards is further authorized to conduct a settlement conference in this matter at any time. A separate order scheduling the Rule 16 Conference will be issued by the Chambers of United States Magistrate Judge Edwards. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel, CM-RSE. (ARM)
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| Filing 21 ANSWER to #13 Amended Complaint by Fifth Third Bank, Inc.. (Watkins, J.) |
| Filing 20 NOTICE of Remand of Partial Motion to Dismiss by Fifth Third Bank, Inc. re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Watkins, J.) |
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Filing 19
ORDER Signed by Judge Rebecca Grady Jennings on 1/24/2019 granting #18 Motion for Extension of Time to File Response/Reply. Fifth Third is granted an extension of time up to and including Monday, February 4, 2019 in which to file a reply. cc: Counsel (RLJ)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In Further Support by Defendant Fifth Third Bank, Inc. (Attachments: #1 Proposed Order Unopposed) (Watkins, J.) |
| Filing 17 RESPONSE to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Cynthia K. Miller, James T. Miller. (Attachments: #1 Exhibit Notice of Right to Cansel, #2 Exhibit Account Summary, #3 Exhibit 4.3.208 Fifth Third Correspondence, #4 Exhibit 10.10.2017 Fifth Third Correspondence, #5 Exhibit 8.10.2017 Fifth Third Correspondence) (Hemminger, David) |
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Filing 16
AGREED ORDER by Judge Rebecca Grady Jennings on 12/13/2018; re #15 Proposed Agreed Order/Stipulation filed by James T. Miller, Cynthia K. Miller. Plaintiff's deadline to file his Response to Defendant's Partial Motion to Dismiss Plaintiff's Amended Complaint is hereby extended to1/11/2019. cc: Counsel (MEJ)
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| Filing 15 Proposed Agreed Order/Stipulation by Cynthia K. Miller, James T. Miller. (Hemminger, David) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Watkins, J.) |
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Filing 12
ORDER Signed by Judge Rebecca Grady Jennings on 11/20/2018. Defendant Fifth Third Bank's Partial Motion to Dismiss Plaintiff's Complaint #8 is DENIED as moot. Plaintiffs James T. Miller's and Cynthia K. Miller's Motion for Leave to File Amended Complaint #9 is GRANTED. Defendant Fifth Third's Motion to Withdraw Response to Plaintiffs' Motion for Leave to File Amended Complaint #11 is GRANTED. Defendant Fifth Third shall have up to twenty (20) days after the entry of this Order to file and serve a responsive pleading to the Amended Complaint. cc: Counsel (MEJ)
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| Filing 13 AMENDED COMPLAINT against Fifth Third Bank, Inc., filed by James T. Miller, Cynthia K. Miller. (MEJ) |
| Filing 11 MOTION to Withdraw Response to Plaintiffs' Motion for Leave to File Amended Complaint by Defendant Fifth Third Bank, Inc. (Attachments: #1 Proposed Order) (Watkins, J.) |
| Filing 10 RESPONSE to Motion re #9 MOTION for Leave to file Amended Complaint filed by Fifth Third Bank, Inc.. (Attachments: #1 Proposed Order) (Watkins, J.) |
| Filing 9 MOTION for Leave to file Amended Complaint by Plaintiffs Cynthia K. Miller, James T. Miller (Attachments: #1 Exhibit Amended Complaint, #2 Proposed Order) (Hemminger, David) |
| Filing 8 Partial MOTION to Dismiss Plaintiff's Complaint by Defendant Fifth Third Bank, Inc. (Attachments: #1 Memorandum in Support Memorandum ISO, #2 Proposed Order Order) (Watkins, J.) |
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Filing 7
ORDER Signed by Judge Rebecca Grady Jennings on 10/11/2018 granting #6 Motion for Extension of Time to Answer. Fifth Third be, and hereby is, granted an extension of time up to and including Friday, 10/12/2018 in which to file a response to Plaintiffs' Complaint. [ 1]. cc: Counsel (MEJ)
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| Filing 6 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Defendant Fifth Third Bank, Inc. (Attachments: #1 Proposed Order Proposed Agreed Order) (Watkins, J.) |
| Filing 5 Corporate Disclosure Statement identifying Other Affiliate Fifth Third Bancorp for Fifth Third Bank, Inc.. by Fifth Third Bank, Inc.. (Watkins, J.) |
| Filing 4 NOTICE of Appearance by J. Tanner Watkins on behalf of Fifth Third Bank, Inc. (Watkins, J.) |
| Filing 3 Summons Issued as to Fifth Third Bank, Inc.. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (VS) |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Rebecca Grady Jennings. Magistrate Judge designation: Judge Regina S. Edwards. (VS) |
| Filing 1 COMPLAINT against Fifth Third Bank, Inc., filed by James T. Miller, Cynthia K. Miller. (Filing fee $ 400.00, receipt number 0644-2696792). (Attachments: #1 Cover Sheet) (VS) |
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