Carter v. Dividend Solar Finance LLC
| Kevin Carter |
| Dividend, a Division of Fifth Third Bank, National Association |
| 0:2024cv03925 |
| October 16, 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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| 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 Georgia Northern; Case Number 1:24-cv-00832. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Katherine M. Menendez and referred to Judge David T. Schultz per MDL List. |
| Filing 35 Certified Copy of CONDITIONAL TRANSFER ORDER CTO-1 from the JPML transferring this action to the USDC for the District of Minnesota for inclusion in MDL 3128. (tcc) [Transferred from Georgia Northern on 10/16/2024.] |
| Civil Case Terminated. (tcc) [Transferred from Georgia Northern on 10/16/2024.] |
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Filing 34
ORDER granting #33 Joint Motion to Stay Proceedings. These proceedings are hereby stayed for thirty days, until October 3, 2024, or until the United States Judicial Panel on Multidistrict Litigation rules on the Motion to Transfer Actions Pursuant to 28 U.S.C. 1407(a) pending in In re Dividend Solar Finance, LLC et al., whichever is earlier. Signed by Judge Thomas W. Thrash, Jr. on 09/05/2024. (bmr) [Transferred from Georgia Northern on 10/16/2024.]
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| Filing 33 Joint MOTION to Stay Proceedings Pending a Decision by the Judicial Panel on Multidistrict Litigation by Dividend, a Division of Fifth Third Bank, National Association. (Attachments: #1 Text of Proposed Order Proposed Order)(Waits, Kelly) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 32 NOTICE Of Filing by Dividend, a Division of Fifth Third Bank, National Association Notice of Filing in the Judicial Panel on Multidistrict Litigation (Attachments: #1 Exhibit A-Response to Motion to Transfer)(Waits, Kelly) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 31 CERTIFICATE OF SERVICE Rule 5.2 for SunNova Energy Corporation filed by Dividend Solar Finance LLC (Waits, Kelly) Modified on 8/20/2024 (bmr). [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 30 CERTIFICATE OF SERVICE Rule 5.2 for Georgia Power Company filed by Dividend Solar Finance LLC (Waits, Kelly) Modified on 8/20/2024 (bmr). [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 29 CERTIFICATE OF SERVICE by Kevin Carter.(Faber, Jarrett) [Transferred from Georgia Northern on 10/16/2024.] |
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Filing 28
ORDER granting #26 Motion for Extension of Time to Complete Discovery and Dispositive Motion. The deadlines are extended as follows. Discovery Deadline: September 13,2024. Dispositive Motion Deadline: October 12, 2024. Proposed Consolidated Pretrial Order (if no dispositive motions are filed): October 12, 2024. Signed by Judge Thomas W. Thrash, Jr. on 7/30/2024. (dgr) [Transferred from Georgia Northern on 10/16/2024.]
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| Filing 27 CERTIFICATE OF SERVICE filed by Dividend, a Division of Fifth Third Bank, National Association Defendant's Objections and Responses to Plaintiff's Third Set of Requests for Production (Waits, Kelly) Modified on 7/15/2024 (bmr). [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 26 Joint MOTION for Extension of Time to Complete Discovery and Dispositive Motion by Dividend, a Division of Fifth Third Bank, National Association. (Attachments: #1 Text of Proposed Order Proposed Order)(Waits, Kelly) [Transferred from Georgia Northern on 10/16/2024.] |
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Filing 25
ORDER granting #24 Application for Admission Pro Hac Vice of J. Tanner Watkins. Signed by Judge Thomas W. Thrash, Jr. on 7/1/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(bgt) [Transferred from Georgia Northern on 10/16/2024.]
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| Clerk's Certificate of Mailing as to J. Tanner Watkins re #25 Order. (bgt) [Transferred from Georgia Northern on 10/16/2024.] |
| APPROVAL by Clerks Office re: #24 APPLICATION for Admission of J. Tanner Watkins Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13534660). Attorney J. Tanner Watkins added appearing on behalf of Dividend Solar Finance LLC. E-filing access may be requested after an order granting the application is entered. (esr) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 24 APPLICATION for Admission of J. Tanner Watkins Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13534660).by Dividend Solar Finance LLC, Dividend, a Division of Fifth Third Bank, National Association. (Waits, Kelly) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 23 CERTIFICATE OF SERVICE of Discovery filed by Dividend Solar Finance LLC, Dividend, a Division of Fifth Third Bank, National Association (Waits, Kelly) Modified on 7/1/2024 (bmr). [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 22 CERTIFICATE OF SERVICE filed by Dividend, a Division of Fifth Third Bank, National Association (Waits, Kelly) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 21 CERTIFICATE OF SERVICE by Kevin Carter.(Faber, Jarrett) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 20 WAIVER OF SERVICE Returned Executed by Kevin Carter. (Faber, Jarrett) Modified on 5/30/2024 edit text(jkb). [Transferred from Georgia Northern on 10/16/2024.] |
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Filing 19
ORDER granting #18 Application for Admission Pro Hac Vice of Annie Stewart Myers. Signed by Judge Thomas W. Thrash, Jr. on 05/23/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(jkb) [Transferred from Georgia Northern on 10/16/2024.]
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| Clerk's Certificate of Mailing to Annie Stewart Myers re #19 Order on Application for Admission PHV. (jkb) [Transferred from Georgia Northern on 10/16/2024.] |
| APPROVAL by Clerks Office re: #18 APPLICATION for Admission of Annie Stewart Myers Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13450118). Attorney Annie Stewart Myers added appearing on behalf of Dividend Solar Finance LLC. E-filing access may be requested after an order granting the application is entered. (esr) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 18 APPLICATION for Admission of Annie Stewart Myers Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13450118).by Dividend, a Division of Fifth Third Bank, National Association. (Waits, Kelly) Documents for this entry are not available for viewing outside the courthouse. [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 17 CERTIFICATE OF SERVICE by Kevin Carter.(Faber, Jarrett) [Transferred from Georgia Northern on 10/16/2024.] |
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Filing 16
ORDER granting #15 Motion to Withdraw as Attorney. Attorney Grace Brennagh Callanan terminated. Signed by Judge Thomas W. Thrash, Jr. on 04/23/2024. (jkb) [Transferred from Georgia Northern on 10/16/2024.]
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| Filing 15 MOTION to Withdraw Grace Brennagh Callanan as Attorneyby Dividend, a Division of Fifth Third Bank, National Association. (Callanan, Grace) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 14 NOTICE of Appearance by Kelly E. Waits on behalf of Dividend, a Division of Fifth Third Bank, National Association (Waits, Kelly) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 13 Defendant's ANSWER to #10 Amended Complaint by Dividend Solar Finance LLC, Dividend, a Division of Fifth Third Bank, National Association.(Callanan, Grace) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 12 Electronic Summons Issued as to Dividend, a Division of Fifth Third Bank, National Association. (jkb) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 11 PROPOSED SUMMONS filed by Kevin Carter (Faber, Jarrett) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 10 First AMENDED COMPLAINT against Dividend, a Division of Fifth Third Bank, National Associationwith Jury Demand filed by Kevin Carter. (Attachments: #1 Written Consent to Filing First Amended Complaint)(Faber, Jarrett) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 9 CERTIFICATE OF SERVICE of Discovery by Kevin Carter.(Faber, Jarrett) [Transferred from Georgia Northern on 10/16/2024.] |
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Filing 8
SCHEDULING ORDER: re: #6 Joint Preliminary Report and Discovery Plan Amended Pleadings due by 4/24/2024. Discovery ends on 7/29/2024. Motions due by 8/28/2024. Proposed Pretrial Order due by 8/28/2024. Signed by Judge Thomas W. Thrash, Jr. on 3/26/2024. (jkb) [Transferred from Georgia Northern on 10/16/2024.]
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Filing 7
ORDER granting #5 Motion to Withdraw as Attorney. Attorney Brian Joel Levy terminated. Signed by Judge Thomas W. Thrash, Jr. on 3/26/2024. (jkb) [Transferred from Georgia Northern on 10/16/2024.]
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| Filing 6 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Dividend Solar Finance LLC. (Callanan, Grace) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 5 MOTION to Withdraw Brian Joel Levy as Attorneyby Dividend Solar Finance LLC. (Levy, Brian) [Transferred from Georgia Northern on 10/16/2024.] |
| Clerk's Notation re #4 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by TWT. (cbi) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 4 Certificate of Interested Persons and Corporate Disclosure Statement by Kevin Carter. (Faber, Jarrett) [Transferred from Georgia Northern on 10/16/2024.] |
| Clerk's Notation re #3 Certificate of Interested Persons/Corporate Disclosure Statement. Reviewed and approved by TWT. (cbi) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 3 Corporate Disclosure Statement by Dividend Solar Finance LLC identifying Corporate Parent Fifth Third Bank, National Association, Other Affiliate Fifth Third Bancorp, Other Affiliate Vanguard Group, Inc. for Dividend Solar Finance LLC. (Levy, Brian) [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 2 Defendant's ANSWER to #1 NOTICE OF REMOVAL Plaintiff's Complaint by Dividend Solar Finance LLC. Discovery ends on 7/29/2024.(Levy, Brian) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 10/16/2024.] |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Dividend Solar Finance LLC. (Filing fee $ 405 receipt number AGANDC-13246002) (Attachments: #1 Exhibit 1 - Plaintiff's Initial Complaint, #2 Exhibit 2 - State Court Docket Sheet, #3 Exhibit 3 - All Remaining State Court Documents, #4 Civil Cover Sheet)(ane) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 10/16/2024.] |
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| Defendant: Dividend, a Division of Fifth Third Bank, National Association | |
| Represented By: | Annie Stewart Myers |
| Represented By: | Annie Stewart Myers |
| Represented By: | Kelly E. Waits |
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| Plaintiff: Kevin Carter | |
| Represented By: | Jarrett Faber |
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