Smith et al v. Dividend Solar Finance, LLC
| John Cash Smith and Thelma Juliet Smith |
| Dividend Solar Finance LLC |
| 0:2025cv00478 |
| February 11, 2025 |
| U.S. District Court for the District of Minnesota |
| Katherine M Menendez |
| David T Schultz |
| Fraud |
| 28 U.S.C. § 1441 Petition for Removal- Fraud |
| None |
Docket Report
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This docket was last retrieved on February 11, 2025. A more recent docket listing may be available from PACER.
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| Filing 20 (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 19
MDL PRETRIAL ORDER No. 1. Signed by Judge Katherine M. Menendez on 10/24/2024.(kt)
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| Filing 18 Case transferred in from District of Texas Eastern; Case Number 1:24-cv-00401. 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. |
| Interdistrict transfer to the District of Minnesota. (KMH) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 17 MDL Transfer Order to the District of Minnesota. MDL Case No. 3128. (KMH) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 16 THIRD AMENDED COMPLAINT against All Defendants, filed by John Cash Smith, Thelma Juliet Smith.(Barron, George) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 15 Defendant Dividend, A Division of Fifth Third Bank, National Association f/k/a Dividend Solar Finance, LLC's ANSWER to #11 Amended Complaint by Dividend Solar Finance, LLC.(Baldonado, Gener) [Transferred from Texas Eastern on 2/11/2025.] |
| Minute Entry for proceedings held before Magistrate Judge Zack Hawthorn: Mediation Conference held on 1/16/2025. No exhibits. (Court Reporter - Not Recorded) (ttp) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 14 NOTICE of Attorney Appearance - Pro Hac Vice by Tanner Watkins on behalf of Dividend Solar Finance, LLC. Filing fee $ 100, receipt number ATXEDC-10619817. (Watkins, Tanner) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 13 Attorney Watkins to refile using his loginNOTICE of Attorney Appearance - Pro Hac Vice by Sarah Russell Smith on behalf of Dividend Solar Finance, LLC. Filing fee $ 100, receipt number ATXEDC-10617778. (Smith, Sarah) Modified text on 1/14/2025 (KMH). [Transferred from Texas Eastern on 2/11/2025.] |
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Filing 12
ORDER Setting Mediation: Mediation Conference set for 1/16/2025 at 01:30 PM in Ctrm 6 (Beaumont) before Magistrate Judge Zack Hawthorn. The parties are directed to submit their position statements on or before 1/15/2025 at 1:30 p.m. Signed by Magistrate Judge Zack Hawthorn on 12/16/2024. (KMH) [Transferred from Texas Eastern on 2/11/2025.]
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| Filing 11 SECOND AMENDED COMPLAINT against All Defendants, filed by John Cash Smith, Thelma Juliet Smith.(Barron, George) [Transferred from Texas Eastern on 2/11/2025.] |
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Filing 10
ORDER referring case to Mediator Judge Hawthorn. The mediation shall be conducted on or before 1/31/2025. The Parties are directed to contact Judge Hawthorn's chambers directly to schedule the mediation conference. Signed by District Judge Michael J. Truncale on 11/19/2024. (KMH) [Transferred from Texas Eastern on 2/11/2025.]
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Filing 9
SCHEDULING ORDER: Final Pretrial Conference set for 1/29/2026 at 09:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Bench Trial set for 2/3/2026 at 09:00 AM in Ctrm 2 (Beaumont) before District Judge Michael J. Truncale. Signed by District Judge Michael J. Truncale on 11/18/2024. (KMH) [Transferred from Texas Eastern on 2/11/2025.]
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| Minute Entry for proceedings held before District Judge Michael J. Truncale: Scheduling Conference/Case Management Conference held on 11/14/2024 from 11:04 AM - 11:35 AM. Court will enter scheduling order. Attorney Appearances: Plaintiff - George Barron; Defense - Gener Baldonado. (Court Reporter - Not Recorded) (KMR) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 8 NOTICE of Attorney Appearance by Gener Manapat Baldonado on behalf of Dividend Solar Finance, LLC (Baldonado, Gener) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 7 JOINT STATUS REPORT Conference Report by Dividend Solar Finance, LLC. (Smith, Sarah) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 6 NOTICE of Discovery Disclosure by Dividend Solar Finance, LLC (Smith, Sarah) [Transferred from Texas Eastern on 2/11/2025.] |
| NOTICE of Hearing: Scheduling/Case Management Conference RESET for 11/14/2024 at 11:00 AM (DATE ONLY) in Room 221 before District Judge Michael J. Truncale. (KMR) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 5 NOTICE of Discovery Disclosure by John Cash Smith, Thelma Juliet Smith (Barron, George) [Transferred from Texas Eastern on 2/11/2025.] |
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Filing 4
ORDER Setting Rule 16 Case Management Conference for 11/13/2024 at 11:00 AM before District Judge Michael J. Truncale. Parties are to conduct a Rule 26(f) Attorney Conference on or before 10/24/24. Signed by District Judge Michael J. Truncale on 10/4/2024. (KMH) [Transferred from Texas Eastern on 2/11/2025.]
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| Filing 3 ORIGINAL ANSWER(Filed in State Court) to #2 ORIGINAL PETITION(Filed in State Court) by Dividend Solar Finance, LLC.(ljw) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 2 ORIGINAL PETITION(Filed in State Court) against Dividend Solar Finance, LLC, filed by John Cash Smith, Thelma Juliet Smith.(ljw) [Transferred from Texas Eastern on 2/11/2025.] |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ljw) [Transferred from Texas Eastern on 2/11/2025.] |
| Case assigned to District Judge Michael J. Truncale. (ljw) [Transferred from Texas Eastern on 2/11/2025.] |
| Filing 1 NOTICE OF REMOVAL by Dividend Solar Finance, LLC from 260th, Orange County, Texas, case number 240228-C. (Filing fee $ 405 receipt number ATXEDC-10400509), filed by Dividend Solar Finance, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Smith, Sarah) [Transferred from Texas Eastern on 2/11/2025.] |
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