Stamnes et al v. Fifth Third Bank, N.A., et al
| David Klingler, Joan Ramos, Bruce McGeoch, William Stamnes, Stephen Clouser, James Young, Kenneth Herrington and Eunice McCallum |
| Dividend Finance, Inc. and Fifth Third Bank, N.A. |
| 0:2024cv03832 |
| October 11, 2024 |
| U.S. District Court for the District of Minnesota |
| Katherine M Menendez |
| David T Schultz |
| Truth in Lending |
| 15 U.S.C. § 1601 Truth in Lending |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 1, 2024. A more recent docket listing may be available from PACER.
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| Filing 38 (Text-Only) COUNSEL PLEASE NOTE: This docket contains pleadings and orders pertaining to this case only and some, but not all, orders from the master case file In re: Dividend Solar Finance, LLC, and Fifth Third Bank Sales and Lending Practices Litigation, MDL No. 24-3128 (KMM/DTS). Counsel shall read and comply with all Pretrial Orders filed in this master case. Pleadings filed and orders issued in the master case may be accessed through the master docket sheet at 0:24-md-3128-KMM-DTS. (kt) |
Filing 37
MDL PRETRIAL ORDER No. 1: Establishing Procedures. Signed by Judge Katherine M. Menendez on 10/24/2024.(kt)
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| Filing 36 Case transferred in from District of Connecticut; Case Number 3:24-cv-01504. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Katherine M. Menendez and referred to Magistrate Judge David T. Schultz per MDL List. |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi- bin/Dispatch.pl?survey (Fanelle, N.) [Transferred from Connecticut on 10/11/2024.] |
| Filing 35 MDL Transfer Order. Case transferred to the District of Minnesota. (Signed by Clerk Nathaniel M. Gorton, MDL Panel.) (Fanelle, N.) [Transferred from Connecticut on 10/11/2024.] |
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Filing 34
ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Omar A. Williams on 9/26/24. (Velez, F) [Transferred from Connecticut on 10/11/2024.]
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Filing 33
ORDER TRANSFERRING CASE. The court sua sponte transfers this case to Judge Kari A. Dooley, who presides over related case 3:23-cv-01665-KAD Perez et al v. Fifth Third Bancorp et al, for further proceedings. Pursuant to Local Rule 40(b)(1)(a), if "there is pending in this District a related case assigned to a different Judge, the later-filed case should normally be transferred to the Judge having the earliest filed case that remains pending." Defendants filed a Notice of Pending, Refiled, Related or Similar Actions that included Perez et al v. Fifth Third Bancorp et al. See ECF No. #12 . "Later-filed, related cases may be transferred by the presiding Judge, either sua sponte or upon motion of any party, with the consent of the transferee Judge." Local Rule 40(b)(1)(a). The undersigned thanks Judge Dooley for consenting to this transfer, and respectfully instructs the Clerk of Court to transfer this case to Judge Dooley for further proceedings. It is so ordered. Signed by Judge Omar A. Williams on 09/26/2024.(Sullivan, M) [Transferred from Connecticut on 10/11/2024.]
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| Filing 32 Consent MOTION for Extension of Time until October 15, 2024 to plead or otherwise respond to complaint by Dividend Finance Inc., Fifth Third Bank, N.A.. (Kolakowski, Pierre-Yves) [Transferred from Connecticut on 10/11/2024.] |
| Filing 31 Disclosure Statement by Dividend Finance Inc. identifying Corporate Parent Fifth Third Bancorp, Corporate Parent Fifth Third Bank, National Association, Other Affiliate The Vanguard Group, Inc. for Dividend Finance Inc.. (Kolakowski, Pierre-Yves) [Transferred from Connecticut on 10/11/2024.] |
| Filing 30 Disclosure Statement by Fifth Third Bank, N.A. identifying Corporate Parent Fifth Third Bancorp, Other Affiliate The Vanguard Group, Inc. for Fifth Third Bank, N.A.. (Kolakowski, Pierre-Yves) [Transferred from Connecticut on 10/11/2024.] |
| Filing 29 NOTICE of Appearance by Pierre-Yves Kolakowski on behalf of Dividend Finance Inc., Fifth Third Bank, N.A. (Kolakowski, Pierre-Yves) [Transferred from Connecticut on 10/11/2024.] |
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Filing 28
Standing Order re: Letters. Signed by Judge Omar A. Williams on 09/18/2024. (Peterson, M) [Transferred from Connecticut on 10/11/2024.]
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| Filing 27 Notice of Option to Consent to Magistrate Judge Jurisdiction.(Peterson, M) [Transferred from Connecticut on 10/11/2024.] |
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Filing 26
Standing Protective Order Signed by Judge Omar A. Williams on 09/18/2024. (Peterson, M) [Transferred from Connecticut on 10/11/2024.]
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Filing 25
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 09/18/2024. (Peterson, M) [Transferred from Connecticut on 10/11/2024.]
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Filing 24
Order on Pretrial Deadlines: Amended Pleadings due by 11/17/2024. Discovery due by 3/20/2025. Dispositive Motions due by 4/24/2025. Signed by Clerk on 09/18/2024. (Peterson, M) [Transferred from Connecticut on 10/11/2024.]
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| Filing 23 NOTICE: ANY MOTIONS PENDING AT THE TIME OF TRANSFER MUST BE REFILED IN OUR DISTRICT. Signed by Clerk on 9/18/2024. (Oliver, T.) [Transferred from Connecticut on 10/11/2024.] |
| Filing 22 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 9/18/2024. (Oliver, T.) [Transferred from Connecticut on 10/11/2024.] |
| Filing 21 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 9/18/2024. (Oliver, T.) [Transferred from Connecticut on 10/11/2024.] |
| Filing 20 Case electronically transferred in from District of Florida Southern; Case Number 9:24-cv-80808. Modified on 9/19/2024 TO CORRECT THE DATE FILED (Oliver, T.). [Transferred from Connecticut on 10/11/2024.] |
| Judge Omar A. Williams and Judge Robert A. Richardson added. (Oliver, T.) [Transferred from Connecticut on 10/11/2024.] |
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Filing 19
ORDER Granting #16 Unopposed Motion to Transfer Venue. The Clerk of Court SHALL TRANSFER this case to the United States District Court for the District of Connecticut and SHALL CLOSE this case. Signed by Judge Donald M. Middlebrooks on 9/17/2024. See attached document for full details. (cds) [Transferred from Connecticut on 10/11/2024.]
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| Filing 18 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ross A. Wilson, Esq. Filing Fee $ 200.00 Receipt # AFLSDC-17844991 by Dividend Finance Inc., Fifth Third Bank, National Association. Responses due by 10/2/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
| Filing 17 Unopposed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Alan H. Abes, Esq. Filing Fee $ 200.00 Receipt # AFLSDC-17844760 by Dividend Finance Inc., Fifth Third Bank, National Association. Responses due by 10/2/2024. (Attachments: #1 Certification, #2 Text of Proposed Order)(Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
| Civil Case Terminated. Closing Case. PER DE#19 (cds) [Transferred from Connecticut on 10/11/2024.] |
| Filing 16 MOTION to Change Venue by Stephen Clouser, Kenneth Herrington, David Klinger, Eunice McCallum, Bruce McGeoch, Joan Ramos, William Stamnes, James Young. Responses due by 9/26/2024. (Horton, Joshua) [Transferred from Connecticut on 10/11/2024.] |
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Filing 15
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 9/23/2024 at 1:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 9/23/2024. (no00) [Transferred from Connecticut on 10/11/2024.]
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Filing 14
PAPERLESS ORDER granting in part #13 Motion for Extension of Time. Defendants seek a thirty-day extension of their deadline to respond to Plaintiffs' Complaint. In support, Defendants cite to the complexity of responding a putative class action. Motions for extensions of time must set forth good cause supported by specific facts. Generalized references to the complexity of the issues fall short of the good cause standard. Because it is unopposed, I will grant a short extension, but future motions that lack factual support will be denied. Defendants shall respond to the Complaint on or by September 23, 2024. Signed by Judge Donald M. Middlebrooks on 8/29/2024. (aad) [Transferred from Connecticut on 10/11/2024.]
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Dividend Finance Inc., Fifth Third Bank, National Association. (Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
| Filing 12 Notice of Pending, Refiled, Related or Similar Actions by Dividend Finance Inc., Fifth Third Bank, National Association (Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
| Filing 11 Defendant's NOTICE of Filing in the Judicial Panel on Multidistrict Litigation by Dividend Finance Inc., Fifth Third Bank, National Association (Attachments: #1 Exhibit Defendants' Response to Motion to Transfer Actions) (Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
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Filing 10
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 3/24/2025 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 3/19/2025 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge William Matthewman for William Matthewman for Scheduling Conference with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 8/27/2024. See attached document for full details. (cds) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Connecticut on 10/11/2024.]
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Filing 9
ORDER denying #8 Stay. Signed by Judge Donald M. Middlebrooks on 7/31/2024. See attached document for full details. (nwn) [Transferred from Connecticut on 10/11/2024.]
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| Filing 8 Unopposed MOTION to Stay Pending Resolution of Motion in Related Action in the District of Connecticut by Dividend Finance Inc., Fifth Third Bank, National Association. Responses due by 8/8/2024. (Attachments: #1 Exhibit First-Filed Motion)(Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
| Filing 7 Notice of Pending, Refiled, Related or Similar Actions by Dividend Finance Inc., Fifth Third Bank, National Association (Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
| Filing 6 Defendant's Corporate Disclosure Statement by Dividend Finance Inc. identifying Corporate Parent Fifth Third Bank, National Association, Other Affiliate Fifth Third Bancorp, Other Affiliate The Vanguard Group, Inc. for Dividend Finance Inc. (Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
| Filing 5 Defendant's Corporate Disclosure Statement by Fifth Third Bank, National Association identifying Corporate Parent Fifth Third Bancorp, Other Affiliate The Vanguard Group, Inc. for Fifth Third Bank, National Association (Holmes, Brandon) [Transferred from Connecticut on 10/11/2024.] |
| Filing 4 WAIVER OF SERVICE Returned Executed by David Klinger, Eunice McCallum, Kenneth Herrington, Bruce McGeoch, James Young, Joan Ramos, William Stamnes, Stephen Clouser. Dividend Finance Inc. waiver sent on 7/9/2024, response/answer due 9/9/2024; Fifth Third Bank, National Association waiver sent on 7/9/2024, response/answer due 9/9/2024. (Horton, Joshua) [Transferred from Connecticut on 10/11/2024.] |
| Filing 3 Summons Issued as to Dividend Finance Inc., Fifth Third Bank, National Association. (nwn) [Transferred from Connecticut on 10/11/2024.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (nwn) [Transferred from Connecticut on 10/11/2024.] |
| Filing 1 COMPLAINT against All Plaintiffs. Filing fees $ 405.00 receipt number AFLSDC-17647497, filed by David Klinger, Eunice McCallum, Kenneth Herrington, Bruce McGeoch, James Young, Joan Ramos, William Stamnes, Stephen Clouser. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons Dividend Finance, #3 Summon(s) Summons Fifth Third Bank)(Horton, Joshua) [Transferred from Connecticut on 10/11/2024.] |
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