Fifth Third Bank v. Book-X-Change LLC et al
Plaintiff: Fifth Third Bank
Defendant: Richard J Duree, Beersauce Shop, LLC, Book-X-Change LLC and Linda Duree
Case Number: 4:2017cv01463
Filed: May 8, 2017
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: Within US but Outside District
Presiding Judge: Shirley Padmore Mensah
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 1, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 1, 2017 Opinion or Order Filing 41 ORDER OF DISMISSAL pursuant to joint stipulation of dismissal without prejudice filed by parties. #39 . Signed by Magistrate Judge Shirley Padmore Mensah on 11/1/17. (LGK)
November 1, 2017 Opinion or Order Filing 40 Docket Text ORDER: Re: #37 MOTION for Leave to File Answer and Responsive Pleadings Out of Time by Defendant Linda Duree. (Day, James) filed by Linda Duree ; ORDERED DENIED AS MOOT.. Signed by Magistrate Judge Shirley Padmore Mensah on 11/1/7. (LGK)
November 1, 2017 Filing 39 NOTICE of Voluntary Dismissal by Fifth Third Bank Joint Stipulation of Dismissal Without Prejudice (Debre, Anthony)
October 30, 2017 Filing 38 ANSWER to #1 Complaint, by Linda Duree.(Day, James)
October 30, 2017 Filing 37 MOTION for Leave to File Answer and Responsive Pleadings Out of Time by Defendant Linda Duree. (Day, James)
October 30, 2017 Filing 36 ENTRY of Appearance by James B. Day for Defendant Linda Duree. (Day, James)
October 30, 2017 Filing 35 STIPULATION Joint Stipulation of Dismissal Without Prejudice by Plaintiff Fifth Third Bank. (Debre, Anthony)
August 22, 2017 Filing 34 ENTRY of Appearance by Richard B. Polony for Plaintiff Fifth Third Bank. (Polony, Richard)
August 2, 2017 Filing 33 Minute Entry for proceedings held before Magistrate Judge Shirley Padmore Mensah: Rule 16 Conference held on 8/2/2017. Conference held in person. CMO to issue. (Court Reporter:n/a)(FTR Gold Operator initials:n/a) (FTR Gold: No) (LGK)
August 2, 2017 Opinion or Order Filing 32 ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation Designation of Lead Counsel: Anthony Debre. ADR Completion Deadline due by 5/4/2018. ADR Compliance Report Deadline due by 5/24/2018. Designation of Neutral/Conference Report due by 3/15/18. Signed by Magistrate Judge Shirley Padmore Mensah on 8/2/17. (ARL)
August 2, 2017 Opinion or Order Filing 31 CASE MANAGEMENT ORDER: This case is assigned to Track: 2. Motion to Join Parties due by 11/13/2017. Discovery Completion due by 7/30/2018. ADR Future Reference 3/5/2018. Dispositive Motions due by 8/27/2018. Status Conference set for 7/16/2018 10:00 AM in Chambers before Magistrate Judge Shirley Padmore Mensah. This action must be ready for trial by no later than November 19, 2018. The Court will issue a separate order setting a final trial date and establishing pretrial compliance deadlines following the Case Status Hearing. Signed by Magistrate Judge Shirley Padmore Mensah on 8/2/17. (ARL)
August 1, 2017 Opinion or Order Filing 30 Docket Text ORDER: Re: #28 MOTION to Withdraw Appearance by Plaintiff Fifth Third Bank. (O'Hara, Matthew) filed by Fifth Third Bank ; ORDERED GRANTED., Attorney Matthew J. O'Hara terminated.. Signed by Magistrate Judge Shirley Padmore Mensah on 8/1/17. (LGK)
July 31, 2017 Opinion or Order Filing 29 Docket Text ORDER: Re: #26 MOTION for Leave to Appear Pro Hac Vice Richard B. Polony. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6075037) by Plaintiff Fifth Third Bank. (Attachments: # 1 Certificate of Good Standing)(Polony, Richard) filed by Fifth Third Bank ; ORDERED GRANTED.. Signed by Magistrate Judge Shirley Padmore Mensah on 7/31/17. (LGK)
July 31, 2017 Filing 28 MOTION to Withdraw Appearance by Plaintiff Fifth Third Bank. (O'Hara, Matthew)
July 28, 2017 Filing 27 FULL CONSENT has been received by Defendants Beersauce Shop, LLC, Book-X-Change LLC, Richard J Duree, Plaintiff Fifth Third Bank. (ARL)
July 28, 2017 Filing 26 MOTION for Leave to Appear Pro Hac Vice Richard B. Polony. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6075037) by Plaintiff Fifth Third Bank. (Attachments: #1 Certificate of Good Standing)(Polony, Richard)
July 26, 2017 Filing 25 JOINT SCHEDULING PLAN by Plaintiff Fifth Third Bank. Proposed. (Debre, Anthony)
July 6, 2017 Filing 24 Clerk's ENTRY OF DEFAULT as to Defendant Linda Duree. IT IS HEREBY ORDERED that Plaintiffs Motion for Entry of Clerk's Default against Defendant Linda Duree ECF No. #22 is GRANTED, and the default of said defendant is hereby entered. (ARL)
June 30, 2017 Opinion or Order Filing 23 Docket Text ORDER: Re: #20 MOTION to Withdraw as Attorney ;attorney/firm Vitaly Libman by Plaintiff Fifth Third Bank. (Libman, Vitaly) filed by Fifth Third Bank ; ORDERED GRANTED., Attorney Vitaly Libman terminated.. Signed by Magistrate Judge Shirley Padmore Mensah on 6/30/17. (LGK)
June 30, 2017 Filing 22 MOTION for Entry of Clerk's Default against Defendant Linda Duree by Plaintiff Fifth Third Bank. (Debre, Anthony)
June 30, 2017 Filing 21 ENTRY of Appearance by Anthony J. Debre for Plaintiff Fifth Third Bank. (Debre, Anthony)
June 30, 2017 Filing 20 MOTION to Withdraw as Attorney ;attorney/firm Vitaly Libman by Plaintiff Fifth Third Bank. (Libman, Vitaly)
June 21, 2017 Opinion or Order Filing 19 RULE 16 ORDER : Joint Scheduling Plan due by 7/26/2017. Rule 16 Conference set for 8/2/2017 10:00 AM in Chambers before Magistrate Judge Shirley Padmore Mensah. Magistrate Consent due by 7/26/2017. Signed by Magistrate Judge Shirley Padmore Mensah on 6/21/17. (ARL)
June 20, 2017 Filing 18 Defendants Book-X-Change, LLC and Richard J. Duree's ANSWER to Complaint by Book-X-Change LLC and Richard J. Duree.(Lynch, John) Modified on 6/21/2017 (CAR).
June 19, 2017 Filing 17 ANSWER to Complaint and Affirmative Defenses to Plaintiff's Complaint by Beersauce Shop, LLC.(Fagras, Michael)
June 2, 2017 Opinion or Order Filing 16 Docket Text ORDER: Re: #14 Consent MOTION for Extension of Time to File Answer, filed by Richard J Duree, Book-X-Change LLC; ORDERED GRANTED. Book-X-Change LLC answer due 6/20/2017; Richard J Duree answer due 6/20/2017. Signed by Magistrate Judge Shirley Padmore Mensah on 6/2/17. (CAR)
June 2, 2017 Opinion or Order Filing 15 Docket Text ORDER: Re: #13 MOTION for Extension of Time to File Responsive Pleadings, filed by Beersauce Shop, LLC; ORDERED GRANTED. Beersauce Shop, LLC answer due 6/20/2017. Signed by Magistrate Judge Shirley Padmore Mensah on 6/2/17. (CAR)
June 1, 2017 Filing 14 Consent MOTION for Extension of Time to File Answer by Defendants Book-X-Change LLC, Richard J Duree. (Lynch, John)
May 31, 2017 Filing 13 MOTION for Extension of Time to File Responsive Pleadings, MOTION for Extension of Time to File Response/Reply by Defendant Beersauce Shop, LLC. (Fagras, Michael)
May 31, 2017 Filing 12 ENTRY of Appearance by Michael J. Fagras for Defendant Beersauce Shop, LLC. (Fagras, Michael)
May 26, 2017 Filing 11 ENTRY of Appearance by John M. Lynch for Defendants Book-X-Change LLC, Richard J Duree. (Lynch, John)
May 19, 2017 Filing 10 SUMMONS Returned Executed filed by Fifth Third Bank. Richard J Duree served on 5/11/2017, answer due 6/1/2017. (Attachments: #1 Affidavit of Return of Service)(Libman, Vitaly) (Additional attachment(s) added on 5/23/2017: #2 Summons) (CAR).
May 19, 2017 Filing 9 SUMMONS Returned Executed filed by Fifth Third Bank. Linda Duree served on 5/10/2017, answer due 5/31/2017. (Attachments: #1 Affidavit of Return of Service)(Libman, Vitaly) (Additional attachment(s) added on 5/23/2017: #2 Summons) (CAR).
May 19, 2017 Filing 8 SUMMONS Returned Executed filed by Fifth Third Bank. Book-X-Change LLC served on 5/11/2017, answer due 6/1/2017. (Attachments: #1 Affidavit of Return of Service)(Libman, Vitaly) (Additional attachment(s) added on 5/23/2017: #2 Summons) (CAR).
May 19, 2017 Filing 7 SUMMONS Returned Executed filed by Fifth Third Bank. Beersauce Shop, LLC served on 5/11/2017, answer due 6/1/2017. (Attachments: #1 Affidavit of Return of Service)(Libman, Vitaly) (Additional attachment(s) added on 5/23/2017: #2 Summons) (CAR).
May 16, 2017 Opinion or Order Filing 6 Docket Text ORDER: Re: #5 MOTION for Leave to Appear Pro Hac Vice Matthew J. O'Hara. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5954121) by Plaintiff Fifth Third Bank. (Attachments: # 1 Certificate of Good Standing)(O'Hara, Matthew) filed by Fifth Third Bank ; ORDERED GRANTED.. Signed by Magistrate Judge Shirley Padmore Mensah on 5/16/17. (LGK)
May 15, 2017 Filing 5 MOTION for Leave to Appear Pro Hac Vice Matthew J. O'Hara. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5954121) by Plaintiff Fifth Third Bank. (Attachments: #1 Certificate of Good Standing)(O'Hara, Matthew)
May 8, 2017 Filing 4 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW)
May 8, 2017 Filing 3 ENTRY of Appearance by Vitaly Libman for Plaintiff Fifth Third Bank. (Libman, Vitaly)
May 8, 2017 Filing 2 NOTICE Intent to use Special Process Server: by Plaintiff Fifth Third Bank (Libman, Vitaly)
May 8, 2017 Filing 1 COMPLAINT against defendant All Defendants with receipt number 0865-5943614, in the amount of $400 Non-Jury Demand,, filed by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Original Filing Form, #5 Summons, #6 Summons, #7 Summons, #8 Summons)(Libman, Vitaly)
May 8, 2017 Case Opening Notification: 4 Summons(es) issued. The summons was emailed to Vitaly Libman. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Shirley P. Mensah. (MFG)

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Defendant: Richard J Duree
Represented By: John M. Lynch
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Defendant: Beersauce Shop, LLC
Represented By: Michael J. Fagras
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Defendant: Book-X-Change LLC
Represented By: John M. Lynch
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Defendant: Linda Duree
Represented By: James B. Day
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Plaintiff: Fifth Third Bank
Represented By: Vitaly Libman
Represented By: Anthony J. Debre
Represented By: Matthew J. O'Hara
Represented By: Richard B. Polony
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