McCune v. Dividend Solar Finance LLC
| Tim McCune |
| Fifth Third Bank d/b/a Dividend Solar Finance, LLC |
| 0:2025cv00475 |
| February 6, 2025 |
| 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 51 (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. Additionally, access to Pretrial Orders, minutes, transcripts, and other documents issued in the master case may be found on the Dividend Solar Finance, LLC, and Fifth Third Bank Sales and Lending Practices Litigation MDL website at: # https://www.mnd.uscourts.gov/content/dividend-solar-finance-llc-and-fifth-third-bank-sales-and-lending-practices-litigation. (kt) |
Filing 50
MDL PRETRIAL ORDER No. 1. Signed by Judge Katherine M. Menendez on 10/24/2024.(kt)
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| Filing 49 Case transferred in from District of Illinois Central; Case Number 4:23-cv-04075. 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. |
| Filing 48 Conditional Transfer Order entered by Clerk, MDL Panel, transferring this case to the District Court of Minnesota. This case is terminated. (JJK) [Transferred from Illinois Central on 2/6/2025.] |
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Filing 47
MDL Remark: TRANSFER ORDER re: pldg. (19 in ILC/4:23-cv-04075, 21 in ILN/1:23-cv-03767, 19 in ILS/3:23-cv-03870, 109 in MDL No. 3128, 12 in TXE/1:24-cv-00401), (15 in ILC/4:23-cv-04075, 15 in ILN/1:23-cv-03767, 15 in ILS/3:23-cv-03870, 91 in MDL No. 3128), ( 111 in MDL No. 3128), ( 95 in MDL No. 3128, 9 in TXE/1:24-cv-00401) Transferring 4 action(s) - MDL No. 3128, ILC/4:23-cv-04075, ILN/1:23-cv-03767, ILS/3:23-cv-03870, TXE/1:24-cv-00401Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 2/6/2025. Associated Cases: MDL No. 3128, ILC/4:23-cv-04075, ILN/1:23-cv-03767, ILS/3:23-cv-03870, TXE/1:24-cv-00401 (TF) (JJK) [Transferred from Illinois Central on 2/6/2025.]
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| MDL Remark: ***TEXT ONLY ENTRY***MINUTE ORDER -- TO THE TRANSFEROR CLERKS OF THE ASSOCIATED CASES: This transmittal is for informational purposes only. No action is required at this time.A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states...An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court.You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court.Signed by Clerk of the Panel James V. Ingold on 2/6/2025.Associated Cases: MDL No. 3128, ILC/4:23-cv-04075, ILN/1:23-cv-03767, ILS/3:23-cv-03870, TXE/1:24-cv-00401 (TF) (JJK) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 11/25/2024. The parties' joint Motion to Stay Pending a Decision by the Judicial Panel on Multidistrict Litigation #46 is GRANTED. This case is hereby stayed for 30 days or until the United States Judicial Panel on Multidistrict Litigation rules on Plaintiff McCune's Motion to Vacate the Conditional Transfer Order, whichever is later.(RES) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 46 MOTION to Stay Renewed Joint Motion to Stay Pending a Decision by the Judicial Panel on Multidistrict Litigation by Plaintiff Tim McCune. Responses due by 12/6/2024 (Goodwin, Tara) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER entered by Chief Judge Sara Darrow on 11/17/2024. Due to Judge Jonathan E. Hawley's confirmation as a District Judge, this case is no longer referred to Judge Jonathan E. Hawley. Any previously scheduled hearings are reset before the presiding judge. [Transferred from Illinois Central on 2/6/2025.]
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| Set/Reset Deadlines: Miscellaneous Deadline 11/22/2024. See Text Order entered on 10/23/2024 (RES) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER granting #45 Joint Motion to Stay Pending a Decision by the Judicial Panel on Multidistrict Litigation. This case is STAYED for 30 days or until the United States Judicial Panel on Multidistrict Litigation rules on Plaintiff McCune's Motion to Vacate the Conditional Transfer Order, whichever is earlier. Entered by Magistrate Judge Jonathan E. Hawley on 10/23/2024. (KZ) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 45 Joint MOTION to Stay Pending a Decision by the Judicial Panel on Multidistrict Litigation by Defendant Fifth Third Bank. Responses due by 11/5/2024 (Grewal, Jasleen) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 44 NOTICE of Filing in the Judicial Panel on Multidistrict Litigation (Attachments: #1 Exhibit A)(Grewal, Jasleen) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 43 NOTICE of Change of Address by Dulijaza Clark (Clark, Dulijaza) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 42 NOTICE of Change of Address by Tara Leigh Goodwin (Goodwin, Tara) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 41 NOTICE of Change of Address by Daniel A Edelman (Edelman, Daniel) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 40 NOTICE of Appearance of Attorney by Jasleen Grewal on behalf of Fifth Third Bank (Grewal, Jasleen) [Transferred from Illinois Central on 2/6/2025.] |
| Set/Reset Hearings: Final Pretrial Conference set for 6/16/2025 10:30 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. Jury Trial set for 7/8/2025 09:00 AM in Courtroom A in Urbana before Judge Colin Stirling Bruce. (RES) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER granting #39 Third Agreed Motion for Extension of Time to Complete Discovery. Court adopts all deadlines as proposed including the following: Discovery due by 12/26/2024. Dispositive Motions due by 2/18/2025. Proposed Pretrial Order due by 7/1/2025. Final Pretrial Conference reset for 6/16/2025 at 10:30 AM and Jury Trial reset for 7/8/2025 at 9:00 A, both hearings to be held in the courtroom before Judge Colin Stirling Bruce. Entered by Magistrate Judge Jonathan E. Hawley on 7/25/24. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 39 Joint MOTION for Extension of Time to Complete Discovery Third Agreed Joint Motion to Extend Deadlines by Defendant Fifth Third Bank. Responses due by 8/7/2024 (Gumbiner, Krysta) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER granting #38 Defendant's Unopposed Motion to Extend Expert Deadlines. The Court resets the deadlines as follows: 1) Dividends deadlines to serveits expert disclosure from June 18, 2024, to August 23, 2024 and 2) Plaintiffs deadline to depose Dividends expert from July 16, 2024, to September 27, 2024. Entered by Magistrate Judge Jonathan E. Hawley on 7/10/24. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 38 MOTION for Extension of Time to Complete Discovery Unopposed Motion to Extend Expert Deadlines by Defendant Fifth Third Bank. Responses due by 7/23/2024 (Gumbiner, Krysta) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER granting #36 Motion to Withdraw. Attorney Daniel L Moeller is terminated as counsel for Dividend Solar Finance, LLC. Court additionally grants #37 Motion for leave to Withdraw Appearance. Attorney Julia Ozello is terminated as counsel of record for Plaintiff Tim McCune. Entered by Magistrate Judge Jonathan E. Hawley on 6/17/24. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 37 MOTION to Withdraw as Attorney by Plaintiff Tim McCune. Responses due by 6/28/2024 (Attachments: #1 Text of Proposed Order)(Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 36 MOTION to Withdraw as Attorney (Daniel L. Moeller) by Defendant Fifth Third Bank. Responses due by 6/28/2024 (Moeller, Daniel) [Transferred from Illinois Central on 2/6/2025.] |
| Reset Deadlines: Plaintiff's Expert Disclosure due by 7/25/2024. (JS) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER granting #35 Unopposed Motion to extend expert deadlines. Plaintiffs deadlines to serve his expert disclosure is extended from June 11, 2024, to July 25, 2024 and to and to depose Plaintiffs expert from July 16, 2024 to August 29, 2024. All other deadlines and hearings remain as previously set. Entered by Magistrate Judge Jonathan E. Hawley on 6/12/24. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 35 MOTION Plaintiff's Second Unopposed Motion to Extend Expert Deadlines by Plaintiff Tim McCune. Responses due by 6/25/2024 (Attachments: #1 Text of Proposed Order)(Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER granting #34 Second Agreed Joint Motion to Extend Deadlines. The deadlines are extended 60 days including: Discovery due by 10/16/2024. Dispositive Motions due by 11/19/2024. Proposed Pretrial Order due by 3/24/2025. Final Pretrial Conference reset for 3/31/2025 at 10:45 AM and Jury Trial reset for 4/15/2025 at 9:00 AM. Both hearings held at U.S. Courthouse, 201 S. Vine St., Urbana, IL 61802 before Judge Colin Stirling Bruce. Entered by Magistrate Judge Jonathan E. Hawley on 5/15/24. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 34 MOTION Second Agreed Joint Motion to Extend Deadlines by Plaintiff Tim McCune. Responses due by 5/28/2024 (Attachments: #1 Text of Proposed Order)(Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER OF RECUSAL AND REASSIGNMENT entered by Chief Judge Sara Darrow on 4/26/2024: Chief Judge Sara Darrow disqualifies and recuses herself from participation in this matter pursuant to 28 U.S.C. 455(a). This case and the corresponding hearings are reassigned to Judge Colin Stirling Bruce for further proceedings. (JJK) [Transferred from Illinois Central on 2/6/2025.]
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| Set/Reset Deadlines: Plaintiff`s Expert Disclosure due by 6/11/2024. (DW) [Transferred from Illinois Central on 2/6/2025.] |
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Filing 33
ORDER granting #32 Plaintiff's Unopposed Motion to extend expert deadlines. Plaintiffs deadlines to disclose his expert are extended from April 16, 2024, to May 14, 2024, to disclose his expert report from May 14, 2024 to June 11, 2024; and to depose Plaintiffs expert from June 18, 2024, to July 16, 2024. Entered by Magistrate Judge Jonathan E. Hawley on 4/17/24. (WG) Modified on 4/17/2024 (WG). [Transferred from Illinois Central on 2/6/2025.]
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| Filing 32 MOTION Plaintiff's Unopposed Motion to Extend Expert Deadlines by Plaintiff Tim McCune. Responses due by 4/30/2024 (Attachments: #1 Text of Proposed Order)(Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 31 NOTICE of Appearance of Attorney by Daniel L Moeller on behalf of Fifth Third Bank (Moeller, Daniel) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 30 NOTICE of Withdrawal re #15 MOTION to Transfer Case and Associate (Gumbiner, Krysta) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER entered by Chief Judge Sara Darrow on February 26, 2024. Pursuant to the #30 Notice of Withdrawal of Motion, the #15 Motion to Transfer and Associate is WITHDRAWN. (KJC) [Transferred from Illinois Central on 2/6/2025.]
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Filing 29
AGREED CONFIDENTIALITY ORDER. Entered by Magistrate Judge Jonathan E. Hawley on 1/30/24. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 28 NOTICE Agreed Confidentiality Order (Gumbiner, Krysta) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER granting #27 Motion to Withdraw as Attorney. Attorney Anna S Morrissey terminated as counsel of record. Entered by Magistrate Judge Jonathan E. Hawley on 1/25/24. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 27 MOTION to Withdraw as Attorney Anna S. Morrissey by Defendant Fifth Third Bank. Responses due by 2/7/2024 (Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 26 NOTICE of Appearance of Attorney by Krysta K. Gumbiner on behalf of Fifth Third Bank (Gumbiner, Krysta) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER granting #25 Agreed Joint Motion to extend deadlines. Discovery due by 8/13/2024. Dispositive Motions due by 9/17/2024. Proposed Pretrial Order due by 1/15/2025. Final Pretrial Conference reset to 1/22/2025 at 10:00 AM and Bench Trial reset for 2/10/2025 at 9:00 AM, both before Chief Judge Sara Darrow. Entered by Magistrate Judge Jonathan E. Hawley on 1/17/24. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 25 MOTION Agreed Joint Motion to Extend Deadlines by Plaintiff Tim McCune. Responses due by 1/30/2024 (Attachments: #1 Text of Proposed Order)(Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 24 CERTIFICATE OF SERVICE by Fifth Third Bank Responses and Objections to Plaintiffs Requests for Production and Answers and Objections to Plaintiffs Interrogatories (Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 23 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Fifth Third Bank. (Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 22 Dividend's ANSWER to #19 Amended Complaint by Fifth Third Bank.(Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 21 MEMORANDUM in Opposition re #15 MOTION to Transfer Case and Associate filed by Plaintiff Tim McCune. (Attachments: #1 Exhibit A-C)(Edelman, Daniel) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 20 RESPONSE to Motion re #15 MOTION to Transfer Case and Associate filed by Plaintiff Tim McCune. (Edelman, Daniel) [Transferred from Illinois Central on 2/6/2025.] |
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TEXT ORDER Entered by Chief Judge Sara Darrow on 8/21/23 striking Entry of Default entered on 8/18/23 as it was entered in the wrong case. (ED) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 19 AMENDED COMPLAINT filed by Tim McCune. (Attachments: #1 exhibits part 1, #2 exhibits part 2)(ED) [Transferred from Illinois Central on 2/6/2025.] |
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Filing 18
ORDER Entered by Magistrate Judge Jonathan E. Hawley granting #17 Motion to Substitute Party. IT IS HEREBY ORDERED that Plaintiffs Motion to Substitute and Amend Complaint is hereby granted. Clerk to file the Amended Complaint attached to the motion.(ED) [Transferred from Illinois Central on 2/6/2025.]
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| STRICKEN PURSUANT TO 8/21/23 TEXT ORDER: ENTRY OF DEFAULT. (ED) Modified on 8/21/2023 to strike (ED). [Transferred from Illinois Central on 2/6/2025.] |
| Filing 17 MOTION to Substitute Party, Dividend Solar Finance, LLC to be replaced by Fifth Third Bank, d/b/a Dividend Solar Finance, LLC, Unopposed, MOTION for Leave to File Amended Complaint, Unopposed by Plaintiff Tim McCune. Responses due by 8/30/2023 (Attachments: #1 Text of Proposed Order, #2 Exhibit 1 (Part 1), #3 Exhibit 1 (Part 2))(Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 16 MEMORANDUM in Support re #15 MOTION to Transfer Case and Associate filed by Defendant Dividend Solar Finance LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 15 MOTION to Transfer Case and Associate by Defendant Dividend Solar Finance LLC. Responses due by 8/23/2023 (Attachments: #1 Text of Proposed Order)(Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 14 NOTICE of Dividend's Rule 26(a)(1) Disclosures (Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 13 TEXT ORDER by U.S. Magistrate Judge Jonathan E. Hawley: The Court adopts the Discovery Plan #12 . Discovery due by 5/14/2024. Dispositive Motions due by 6/18/2024. Proposed pretrial order due by 9/11/2024. Final Pretrial Conference set for 9/18/2024 at 10:00 AM and Bench Trial set for 10/28/2024 at 9:00 AM, BOTH in Courtroom before Chief Judge Sara Darrow. Rule 16 conference set 7/14/23 at 10:00 AM is VACATED. Court stresses the importance of adhering to the schedule and procedures for requests to extend the schedule. The parties are expected to review Judge Hawley's Standing Order that was revised on 4/7/2022. Parties are reminded of their option to consent to proceed before US Magistrate Judge. See attached form. Parties are reminded of option of Court sponsored mediation/Settlement Conference. Counsel/Parties are reminded of the importance of appearing for hearings scheduled via telephone. Failure to appear will result in in-person appearances for all further proceedings. Entered: 7/12/2023. (WG) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 12 DISCOVERY PLAN - PROPOSED/Report of Rule 26(f)Planning Meeting by Tim McCune. (Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
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Filing 11
TEXT ORDER: This case is set for a Rule 16 scheduling conference before Magistrate Judge Jonathan E. Hawley on 7/14/23 at 10:00 AM via telephone. Counsel are to phone into conference by calling (551) 285-1373 and enter the Meeting ID: 16009516536 when prompted to do so. Please announce your name each prior to speaking unless the judge asks a question directly to you so time that the speaker may be identified by all. A discovery plan pursuant to Fed. R. Civ. P. 26(f)(3) shall be filed on or before 7/11/2023. The parties may, but are not required to, follow the format of the sample discovery plan set forth as Attachment A to the standing order attached to this text order. If the complaint makes allegations on behalf of a class, the proposed discovery plan should include a deadline for filing a motion to certify class at a stage early in the the case. The Discovery Plan event may be found in the CM/ECF system within the other Documents category. All counsel must read and be familiar with the standing order attached to this text order prior to their Rule 26(f) planning meeting. Entered by Magistrate Judge Jonathan E. Hawley on 6/7/2023. (WG) [Transferred from Illinois Central on 2/6/2025.]
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| Filing 10 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Dividend Solar Finance LLC. (Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 9 ANSWER to #1 Complaint AND AFFIRMATIVE DEFENSES by Dividend Solar Finance LLC.(Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 8 NOTICE of Appearance of Attorney by Anna S Morrissey on behalf of Dividend Solar Finance LLC (Morrissey, Anna) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 7 SUMMONS Returned Executed by Tim McCune. Dividend Solar Finance LLC served on 5/16/2023, answer due 6/6/2023. (Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 6 NOTICE of Appearance of Attorney by Julia Ozello on behalf of Tim McCune (Ozello, Julia) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 5 NOTICE of Appearance of Attorney by Dulijaza Clark on behalf of Tim McCune (Clark, Dulijaza) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 4 NOTICE of Appearance of Attorney by Tara Leigh Goodwin on behalf of Tim McCune (Goodwin, Tara) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 3 NOTICE of Appearance of Attorney by Daniel A Edelman on behalf of Tim McCune (Edelman, Daniel) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 2 Summons Issued as to Dividend Solar Finance LLC. Summons returned to Plaintiff's counsel to effect service. (JJK) [Transferred from Illinois Central on 2/6/2025.] |
| Filing 1 COMPLAINT against Dividend Solar Finance LLC ( Filing fee $ 402 receipt number AILCDC-4207027.), filed by Tim McCune. (Attachments: #1 Exhibit A-K, #2 Exhibit L, #3 Civil Cover Sheet, #4 Summons)(Edelman, Daniel) [Transferred from Illinois Central on 2/6/2025.] |
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| Plaintiff: Tim McCune | |
| Represented By: | Daniel A Edelman |
| Represented By: | Tara L Goodwin |
| Represented By: | Dulijaza Clark |
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| Defendant: Fifth Third Bank d/b/a Dividend Solar Finance, LLC | |
| Represented By: | Krysta K. Gumbiner |
| Represented By: | Jasleen Grewal |
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