Klein v. Fifth Third Bank, N.A.

Klein v. Fifth Third Bank, N.A.

Plaintiff:	Kathleen Klein
Defendant:	Fifth Third Bank, N.A.
Case Number:	3:2020cv00572
Filed:	August 14, 2020
Court:	US District Court for the Western District of Kentucky
Presiding Judge:	David J Hale
Referring Judge:	Colin H Lindsay
2 Judge:	Justin R Walker
Nature of Suit:	Labor: Other
Cause of Action:	29 U.S.C. § 623 Job Discrimination (Age)
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on September 13, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 13, 2023	Filing 64 ORDER by Judge David J. Hale on 9/12/2023: This action stands DISMISSED with prejudice and is STRICKEN from the Court's active docket. cc: Counsel (DLW)
September 11, 2023	Filing 63 NOTICE of Dismissal With Prejudice by Fifth Third Bank, N.A. (Nenni, David)
August 28, 2023	Filing 62 ORDER by Judge David J. Hale on 8/25/2023. This action is DISMISSED without prejudice. All pending motions are DENIED as moot. The parties shall tender an agreed order of dismissal with prejudice within thirty (30) days of entry of this Order. cc: counsel (JM)
August 23, 2023	Filing 61 MEDIATOR'S REPORT TO THE COURT. All claims between the parties have been settled. (SRH)
August 7, 2023	Filing 60 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 8/7/2023. The settlement conference scheduled on 8/8/2023 is REMANDED until further order of the Court. Counsel for the parties shall contact the undersigned's Case Manager, Theresa Burch, at Theresa_Burch@kywd.uscourts.gov to reschedule the conference. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (AEH) Modified on 8/7/2023 (AEH).
June 2, 2023	Filing 59 ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Colin H. Lindsay on 6/1/2023. Settlement Conference set for 8/8/2023 at 10:00 AM in chambers before Magistrate Judge Colin H. Lindsay. cc: counsel (JM)
April 27, 2023	Filing 58 Joint MOTION for Trial by Plaintiff Kathleen Klein (Attachments: #1 Proposed Order) (Zoppoth, Bradley)
April 17, 2023	Filing 57 ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Status Conference held on 4/14/2023. On or before 4/28/2023, the Parties shall jointly file a motion for a trial date. cc: Counsel (DLW)
March 31, 2023	Filing 56 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 3/31/2023. A telephonic status conference is scheduled for 4/14/2023 09:30 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
March 27, 2023	Filing 55 MEMORANDUM AND ORDER Signed by Judge David J. Hale on 3/27/2023: Fifth Third's #40 motion for summary judgment is DENIED as to Klein's ADEA age discrimination and Title VII sex discrimination claims and GRANTED as to Klein's Title VII constructive discharge claim. The Court requests that Magistrate Judge Colin H. Lindsay schedule this matter for a status conference within thirty (30) days of entry of this Memorandum and Order. cc: Counsel (DLW)
November 10, 2022	Filing 54 MEMORANDUM OF HEARING for proceedings held before Judge David J. Hale: Hearing held on 11/9/2022. The motion for summary judgment now stands submitted. The Clerk of Court shall restore the #40 motion to the Court's active docket. (See D.N. #53 ) (Court Reporter: Dena Legg.) cc: Counsel (DLW)
September 27, 2022	Filing 53 ORDER by Judge David J. Hale on 9/27/2022: This matter is set for oral argument on the pending #40 motion for summary judgment on 11/9/2022, at 1:00 p.m. at the Gene Snyder U.S. Courthouse in Louisville, Kentucky before Judge David J. Hale. The #40 motion for summary judgment is ADMINISTRATIVELY REMANDED, to be reinstated following the November 9 hearing. cc: Counsel (DLW)
April 14, 2022	Filing 52 AFFIDAVIT re #51 Order on Motion for Protective Order,,, Order on Motion to Seal Document,, #41 Sealed Document, #40 MOTION for Summary Judgment (Unredacted Declaration of Jeffrey Tischler) by Fifth Third Bank, N.A. by Fifth Third Bank, N.A.. (Nenni, David)
April 7, 2022	Filing 51 MEMORANDUM OPINION AND ORDER Signed by Magistrate Judge Colin H. Lindsay on 4/6/2022: The #34 motion for a protective order and for leave to seal filed by Defendant Fifth Third Bank, N.A. is DENIED. The Clerk of Court is directed to unseal DN #41 and DN #46 . Defendant shall file an unredacted version of the Tischler declaration on or before 4/15/2022. Defendant shall file any motion to permanently seal the sealed and/or redacted documents currently filed in the record on or before 5/15/2022. Responses and replies shall be governed by Local Rule 7.1(c). Any future motion to seal a document in whole or in part shall be filed within ten days of underlying filing that necessitated placing the document in the record. cc: Counsel (DLW)
March 8, 2022	Filing 50 REPLY to Response to Motion re #40 MOTION for Summary Judgment filed by Fifth Third Bank, N.A. (Nenni, David)
February 24, 2022	Filing 49 Sealed Document re #34 by Plaintiff Kathleen Klein (Zoppoth, Bradley)
February 24, 2022	Filing 48 Sealed Document re #34 by Plaintiff Kathleen Klein (Zoppoth, Bradley)
February 24, 2022	Filing 47 Sealed Document re #34 by Plaintiff Kathleen Klein (Zoppoth, Bradley)
February 24, 2022	Filing 46 Sealed Document re #34 by Plaintiff Kathleen Klein (Zoppoth, Bradley)
February 24, 2022	Filing 45 SUPPLEMENT re #34 Motion for Protective Order, Motion for Leave to Seal Document, (Attachments: #1 Exhibit 1 - Redacted Kristof Schneider Performance Reviews, #2 Exhibit 8 - Redacted Schneider Offer Approval Request Emails, #3 Exhibit 10 - Redacted Text Messages between Olds & Schneider, #4 Exhibit 13 - Redacted Text Messages re Schneider Offer) by Kathleen Klein. (Zoppoth, Bradley)
February 22, 2022	Filing 44 RESPONSE to Motion re #40 MOTION for Summary Judgment filed by Kathleen Klein. (Attachments: #1 Affidavit Declaration of Kathleen Klein, #2 Exhibit Kathleen Klein Deposition Transcript Pages, #3 Exhibit Jeffrey Tischler Deposition Transcript Pages, #4 Exhibit 1 - Redacted Kristof Schneider Performance Reviews, #5 Exhibit 2 - Kathy Klein Performance Reviews, #6 Exhibit 3 - 5.9.19 Emails re SCO Position, #7 Exhibit 4 - 5.1.19 Text Messages, #8 Exhibit 5 - Tischler & Schneider Text Messages, #9 Exhibit 6 - Additional Tischler & Schneider Text Messages, #10 Exhibit 7 - 6.3.19 "Devise a Plan" Text Message, #11 Exhibit 8 - Redacted Schneider Offer Approval Request Emails, #12 Exhibit 9 - Fifth Third Handwritten Notes, #13 Exhibit 10 - Redacted 6.2019 Text Messages between Olds & Schneider, #14 Exhibit 11 - 5.1.2019 Text Messages between Tischler & Schneider, #15 Exhibit 12 - 5.31.19 Emails with Klein re SCO Job PostingPosition, #16 Exhibit 13 - Redacted Text Messages re Schneider Offer, #17 Exhibit 14 - 6.8.19 Text Messages between Olds & Schneider re SCO Offer, #18 Index Notice of Filing of Unpublished Cases, #19 Supplement Unpublished Cases, #20 Proposed Order Denying Fifth Third's MSJ) (Zoppoth, Bradley)
February 2, 2022	Filing 43 DEPOSITION of Kevin Patrick McCormick taken on November 3, 2021 by Fifth Third Bank, N.A. (Nenni, David) Modified on 2/4/2022 to link to #40 Motion for Summary Judgment (DLW).
February 2, 2022	Filing 42 NOTICE of Filing Deposition Excerpts in Support of its Motion for Summary Judgment by Fifth Third Bank, N.A. (Nenni, David) Modified on 2/4/2022 to link to #40 Motion for Summary Judgment (DLW).
February 1, 2022	Filing 41 Sealed Document re #34 by Defendant Fifth Third Bank, N.A. (Nenni, David)
February 1, 2022	Filing 40 MOTION for Summary Judgment by Defendant Fifth Third Bank, N.A. (Attachments: #1 Proposed Order) (Nenni, David)
February 1, 2022	Filing 39 NOTICE of Filing Unpublished Cases in Support of its Motion for Summary Judgment by Fifth Third Bank, N.A. (Attachments: #1 Unpublished Cases in Support of Motion for Summary Judgment) (Nenni, David) Modified on 2/4/2022 to link to #40 Motion for Summary Judgment (DLW).
February 1, 2022	Filing 38 AFFIDAVIT (Declaration) of Jeffrey Tischler by Fifth Third Bank, N.A. (Nenni, David) Modified on 2/4/2022 to link to #40 Motion for Summary Judgment (DLW).
February 1, 2022	Filing 37 DEPOSITION of Jeffrey Tischler taken on November 16, 2021 by Fifth Third Bank, N.A. (Attachments: #1 Deposition Exhibits) (Nenni, David) Modified on 2/4/2022 to link to #40 Motion for Summary Judgment (DLW).
February 1, 2022	Filing 36 DEPOSITION of Kathleen Klein taken on November 2, 2021 by Fifth Third Bank, N.A. (Attachments: #1 Deposition Exhibits) (Nenni, David) Modified on 2/4/2022 to link to #40 Motion for Summary Judgment (DLW).
February 1, 2022	Filing 35 NOTICE of Filing Documents in Support of its Motion for Summary Judgment by Fifth Third Bank, N.A. (Nenni, David) Modified on 2/4/2022 to link to #40 Motion for Summary Judgment (DLW).
February 1, 2022	Filing 34 MOTION for Protective Order, MOTION for Leave to Seal Document by Defendant Fifth Third Bank, N.A. (Attachments: #1 Exhibit A - Redacted Copy of Jeffrey Tischler's Declaration, #2 Proposed Order Granting Motion for Leave to File Under Seal, #3 Proposed Order Granting Protective Order) (Nenni, David)
January 14, 2022	Filing 33 SETTLEMENT CONFERENCE REPORT for proceedings held before Magistrate Judge Colin H. Lindsay: Settlement Conference held on 1/13/2022. Although settlement discussions were conducted in good faith, the parties were unable to come to an agreement. cc: Counsel (DLW)
September 22, 2021	Filing 32 ORDER FOR SETTLEMENT CONFERENCE by Magistrate Judge Colin H. Lindsay on 9/21/2021: Settlement Conference set for 1/13/2022 at 10:00 AM via Video Conference before Magistrate Judge Colin H. Lindsay. cc: Counsel (DLW)
September 21, 2021	Filing 31 REPORT OF STATUS CONFERENCE for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Status Conference held on 9/20/2021. cc: Counsel (DLW)
August 31, 2021	Filing 30 ORDER Signed by Magistrate Judge Colin H. Lindsay on 8/30/2021 granting #28 Joint Motion for Extension of Time to Complete Discovery. Fact Discovery due by 12/1/2021. Dispositive/Daubert Motions due by 2/1/2021. On or before 9/17/2021, the Parties shall confer with their respective decisionmakers and contact the Court's Case Manager, Theresa Burch, at theresa_burch@kywd.uscourts.gov with the dates on which they are available for a remote settlement conference via Zoom. cc: Counsel (DLW)
August 30, 2021	Filing 29 TEXT ORDER by Magistrate Judge Colin H. Lindsay on 8/30/2021. A telephonic status conference is scheduled for 9/20/2021 11:00 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 1-888-808-6929, access code 2773744. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (TLB)
August 26, 2021	Filing 28 Joint MOTION for Extension of Time to Complete Discovery Dispositive Motion Deadline and Supplemental Discovery Deadline by Plaintiff Kathleen Klein (Attachments: #1 Proposed Order) (Zoppoth, Bradley)
July 12, 2021	Filing 27 TEXT ORDER Signed by Judge David J. Hale on 7/12/2021 granting #26 Motion for Robert D. Shank to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
July 8, 2021	Filing 26 MOTION for Robert D. Shank to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3377705. by Defendant Fifth Third Bank, N.A. (Attachments: #1 Exhibit A, #2 Exhibit B) (Carroll, Scott) (Additional attachment(s) added on 7/8/2021: #3 Proposed Order) (DLW).
June 25, 2021	Filing 25 NOTICE of Appearance by David A. Nenni on behalf of Fifth Third Bank, N.A. (Nenni, David)
May 19, 2021	Filing 24 ORDER Signed by Magistrate Judge Colin H. Lindsay on 5/19/2021 granting #23 Motion for Extension of Time to Complete Discovery. All fact discovery shall be completed on or before 10/1/2021. All dispositive/Daubert motions shall be filed on or before 11/1/2021. On or before 8/17/2021, the Parties shall jointly contact the Court's Case Manager, Theresa Burch, at theresa_burch@kywd.uscourts.gov to schedule a telephonic status conference. All other provisions of DN #21 shall remain in full force and effect. cc: Counsel (DLW)
May 13, 2021	Filing 23 Joint MOTION for Extension of Time to Complete Discovery , Dispositive Motion Deadline and Deadline for a Status Conference by Defendant Fifth Third Bank, N.A. (Attachments: #1 Proposed Order) (Davenport, Morgan)
February 4, 2021	Filing 22 Joint STATUS REPORT Regarding Settlement Conference by Kathleen Klein. (Zoppoth, Bradley)
December 4, 2020	Filing 21 SCHEDULING ORDER for proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Rule 16 Scheduling Conference held on 12/1/2020. Rule 26(a)(1) Disclosure due by 12/4/2020. Amended Pleadings/Joinder of Parties due by 2/26/2021. Expert Witness (Plaintiff) due by 7/1/2021. Expert Witness (Defendant) due by 8/1/2021. Fact Discovery due by 7/1/2021. Expert Discovery due by 11/1/2021. Supplementations under FRCP 26(e) shall be completed no later than 1/2/2022. Dispositive Motions/Daubert Motions due by 10/1/2021. The Court will conduct a telephonic status conference thirty (30) days prior to the close of discovery. Any party who wishes to request either a Zoom settlement conference or an ex parte call regarding settlement shall email the Court's Case Manager, Theresa Burch, copying all counsel of record, to request the same. On or before 2/5/2021, the parties shall jointly file a report informing the Court whether they will schedule an early settlement conference. cc: Counsel (DLW)
November 24, 2020	Filing 20 RULE 26 INITIAL DISCLOSURE STATEMENT by by Fifth Third Bank, N.A.. (Carroll, Scott) Modified on 12/8/2020 corrected entry from Rule 26(f) report to Rule 26 Initial Disclosures. (TLB).
November 24, 2020	Filing 19 RULE 26 INITIAL DISCLOSURE STATEMENT by Kathleen Klein. (Zoppoth, Bradley)
November 10, 2020	Filing 18 Joint REPORT of Rule 26(f) Planning Meeting by Fifth Third Bank, N.A.. (Carroll, Scott)
October 27, 2020	Filing 17 TEXT ORDER Signed by Judge David J. Hale on 10/27/2020 granting #15 Motion for Scott Carroll to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) Modified on 10/27/2020 to edit docket text (KJA).
October 20, 2020	Filing 16 ORDER FOR MEETING AND REPORT (EBOC) by Magistrate Judge Colin H. Lindsay on 10/20/2020. Telephonic Rule 16 Scheduling Conference set for 12/1/2020 at 9:45 a.m. before Magistrate Judge Colin H. Lindsay. Counsel for the parties shall connect to the telephonic status conference by dialing the toll-free number 1-888-808-6929, access code 2773744. Counsel who will try the case shall participate in the conference. (KD)
October 14, 2020	Filing 15 MOTION for Scott A. Carroll to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3204281. by Defendant Fifth Third Bank, N.A. (Attachments: #1 Certificate of Good Standing) (Carroll, Scott) Modified on 10/14/2020, to clarify docket. (KD) (Additional attachment(s) added on 10/14/2020: #2 Proposed Order) (KD). Modified on 10/27/2020, to correct docket entry to read Scott A. Carroll. (KD)
October 7, 2020	* See DN #14 for PDF* Corporate Disclosure Statement identifying Other Affiliate Fifth Third Bancorp, Other Affiliate Fifth Third Financial Corporation for Fifth Third Bank, N.A. (KD)
October 7, 2020	Filing 14 Corporate Disclosure Statement by Fifth Third Bank, N.A.. (Davenport, Morgan)
October 7, 2020	Filing 13 ANSWER to #1 Complaint by Fifth Third Bank, N.A.. (Davenport, Morgan)
September 9, 2020	Filing 12 TEXT ORDER Signed by Judge David J. Hale on 9/9/2020 granting #5 Motion for Roger G. Bresnahan to Appear Pro Hac Vice ; granting #6 Motion for A. Federico Longoria, III, to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
September 9, 2020	Filing 11 TEXT ORDER by Judge David J. Hale on 9/9/2020; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby REFERRED to U.S. Magistrate Judge Colin H. Lindsay for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. This Order SUPERSEDES the prior referral order at Docket No. 8 . This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT)
September 3, 2020	Filing 10 TEXT ORDER OF REASSIGNMENT by Chief Judge Greg N. Stivers; IT IS HEREBY ORDERED that, pursuant to the reassignment protocol set forth in GO 20-16, this matter is reassigned to the docket of Judge David J. Hale for all further proceedings. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
August 21, 2020	NOTICE of email confirmation as to Bradley Zoppoth re #9 Request for Fee Refund (MLG)
August 19, 2020	Filing 9 Request for Fee Refund re #1 Complaint by Kathleen Klein. (Zoppoth, Bradley)
August 19, 2020	Filing 8 TEXT ORDER by Judge Justin R. Walker on 8/19/2020. Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Colin H. Lindsay for hearing and determining all pretrial matters pending before the Court in this action. Further, the Court authorizes Judge Colin H. Lindsay to conduct a settlement conference in this matter at any time. Additionally, the Court reminds the parties that they may consent to Magistrate Judge jurisdiction in this matter at any time in accordance with 28 U.S.C. 636(c)(1) and LR 73.1. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, CM/Law Clerk-Lindsay (MEJ)
August 19, 2020	Filing 7 Request for Fee Refund by Kathleen Klein. (Zoppoth, Bradley)
August 18, 2020	Filing 6 MOTION for Alcide Federico Longoria, III to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3163885. by Plaintiff Kathleen Klein (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Electronic Filing Registration Form, #3 Proposed Order Proposed Order) (Zoppoth, Bradley)
August 18, 2020	Filing 5 MOTION for Roger G. Bresnahan to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3163884. by Plaintiff Kathleen Klein (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Electronic Filing Registration Form, #3 Proposed Order Proposed Order) (Zoppoth, Bradley)
August 14, 2020	Filing 4 Summons Issued as to Fifth Third Bank, N.A. Counsel for Plaintiff is responsible for printing and serving the attached issued summons. (DLW)
August 14, 2020	Filing 3 Corporate Disclosure Statement by Kathleen Klein. (DLW)
August 14, 2020	Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Justin R. Walker. (DLW)
August 14, 2020	Filing 1 COMPLAINT against Fifth Third Bank, N.A. Filing fee $400, receipt number 0644-3162302, filed by Kathleen Klein. (Attachments: #1 Summons, #2 Cover Sheet) (DLW)

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Defendant: Fifth Third Bank, N.A.
Represented By:	Morgan A. Davenport
Represented By:	Scott A. Carroll
Represented By:	David A. Nenni
Represented By:	Robert D. Shank
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Plaintiff: Kathleen Klein
Represented By:	Roger G. Bresnahan
Represented By:	Bradley S. Zoppoth
Represented By:	A. Federico Longoria, III
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