Reid v. Fifth Third Bank

Plaintiff: Reid and Luther D. Reid
Defendant: Fifth Third Bank
Case Number: 6:2015cv00191
Filed: February 23, 2015
Court: US District Court for the Northern District of New York
Office: Utica Office
County: Fulton
Presiding Judge: Andrew T Baxter
Referring Judge: David N Hurd
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 8, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 8, 2015 Filing 15 JUDGMENT: In favor of Fifth Third Bank against Luther D. Reid. It is ORDERED that Defendant Fifth Third Bank's motion to dismiss the Complaint pursuant to Rule 12(b)(6) for failure to state a claim is GRANTED and that Plaintiff Luther D. Reid's Complaint is DISMISSED in its entirety WITHOUT PREJUDICE. IT IS SO ORDERED. {The Clerk served a copy of this Judgment on the Pro Se Plaintiff via regular and certified U.S. Postal Mail to his address of 16 Northeast Avenue, Johnstown, NY 12095}. (rep) (Main Document 15 replaced on 4/8/2015) (rep, ).
April 8, 2015 CLERK'S CORRECTION OF DOCKET ENTRY: The Clerk replaced the image in the #15 Judgment so that the corrected document includes the information containing the Federal Rules of Appellate Procedure. This corrected document has been sent to the Pro Se Plaintiff to his address of 16 Northeast Avenue, Johnstown, NY 12095 via regular and certified U.S. Postal Mail. (rep)
April 7, 2015 Filing 14 MEMORANDUM-DECISION AND ORDER: Granting the #6 Motion to Dismiss for Failure to State a Claim. It is ORDERED that Defendant Fifth Third Bank's motion to dismiss the Complaint pursuant to Rule 12(b)(6) for failure to state a claim is GRANTED and that Plaintiff Luther D. Reid's Complaint is DISMISSED in its entirety WITHOUT PREJUDICE. The Clerk is directed to serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules, file a judgment accordingly, and close the file. IT IS SO ORDERED. Signed by Judge David N. Hurd on April 7, 2015. {The Clerk mailed a copy of this Order to the Pro Se Plaintiff via regular and certified U.S. Postal Mail to his address of: 16 Northeast Avenue, Johnstown, NY 12095}. (rep)
March 31, 2015 TEXT NOTICE ON MOTION TO BE TAKEN ON SUBMITTED PAPERS ONLY: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ: #6 First MOTION to Dismiss for Failure to State a Claim by Defendant Fifth Third Bank. which is returnable on April 10, 2015 - SHALL BE TAKEN ON SUBMITTED PAPERS ONLY, WITH NO APPEARANCES IN COURT BY ANY PARTY REQUIRED OR ALLOWED. (ptm) (copy served on pro se plaintiff by regular mail)
March 30, 2015 Filing 13 NOTICE by Fifth Third Bank re #12 Reply to Response to Motion Notice of List of Authorities to Pro Se Plaintiff (John, Fincey)
March 30, 2015 Filing 12 REPLY to Response to Motion re #6 First MOTION to Dismiss for Failure to State a Claim by Defendant Fifth Third Bank filed by Fifth Third Bank. (John, Fincey)
March 24, 2015 Filing 11 RESPONSE TO MOTION: Regarding the #6 MOTION to Dismiss for Failure to State a Claim by Defendant Fifth Third Bank - response filed by Luther D. Reid, Pro Se. (rep)
March 6, 2015 Filing 10 Letter from pro se plaintiff Luther D. Reid with attached exhibits. (ptm)
March 5, 2015 Filing 9 PRO SE NOTICE signed and returned by Luther D. Reid via U.S. Postal Mail. (rep)
March 5, 2015 Filing 8 TEXT ORDER: In light of the filing of the #6 motion to dismiss, the Rule 16 conference set for 4/6/2015 and related civil case management plan deadline are hereby CANCELLED. The conference will be rescheduled, if deemed necessary, after disposition of the #6 motion. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/5/2015. {Text order served upon pro se plaintiff via regular mail} (mae)
March 3, 2015 CLERK'S CORRECTION TO THE DOCKET: The #6 First MOTION to Dismiss for Failure to State a Claim was made returnable before Magistrate Judge Baxter in error. The Motion deadlines have been reset to reflect the motion is returnable before District Court Judge Hurd for the following dates: Response to Motion due by 3/24/2015; Reply to Response to Motion due by 3/30/2015; Motion Hearing set for 4/10/2015 at 10:00 AM in Utica before Judge David N. Hurd. {The clerk sent a copy of this correction to the Pro Se Plaintiff to his current address via regular U.S. Postal Mail}.(rep)
February 26, 2015 Filing 7 NOTICE by Fifth Third Bank re #6 First MOTION to Dismiss for Failure to State a Claim by Defendant Fifth Third Bank Notice of List of Authorities to Pro Se Plaintiff (John, Fincey)
February 25, 2015 Filing 6 First MOTION to Dismiss for Failure to State a Claim by Defendant Fifth Third Bank Motion Hearing set for 4/9/2015 10:00 AM in Syracuse before US Magistrate Judge Andrew T. Baxter Response to Motion due by 3/23/2015 Reply to Response to Motion due by 3/30/2015. filed by Fifth Third Bank. (Attachments: #1 Memorandum of Law) (John, Fincey)
February 23, 2015 Filing 5 PRO SE HANDBOOK and NOTICE: issued and mailed to Pro Se Plaintiff Luther Reid, along with a copy of the Local Rules at his address of 16 Northeast Avenue, Johnstown, NY 12095 via U.S. Postal Mail. (rep)
February 23, 2015 Filing 4 AMENDED G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/6/2015 at 2:00 PM before U.S. Magistrate Judge Andrew T. Baxter by TELEPHONE as noted herein. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/30/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) {The clerk mailed a copy of the Amended G.O. 25 to Plaintiff Luther Reid, Pro Se, via regular U.S. Postal Mail to his address of 16 Northeast Ave., Johnstown, NY 12095}.(rep)
February 23, 2015 ***Answer due date updated for Fifth Third Bank answer due 2/26/2015. (rep)
February 20, 2015 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/6/2015 at 2:00 PM before U.S. Magistrate Judge Andrew T. Baxter by TELEPHONE as noted further herein. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/30/2015. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (rep)
February 19, 2015 Filing 2 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank. (rep)
February 19, 2015 Filing 1 NOTICE OF REMOVAL from Fulton County Supreme Court, case number 03203/2015 (Filing fee $400 receipt number 0206-3201552) filed by Fifth Third Bank. (Attachments: #1 Exhibits, #2 Civil Cover Sheet)(rep)

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Plaintiff: Reid
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Plaintiff: Luther D. Reid
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Defendant: Fifth Third Bank
Represented By: Fincey John
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