Mackay v. Fifth Third Bank,. et al
Plaintiff: Adrienne R. Mackay and Elliot L. Mackay
Defendant: Fifth Third Bank and Alamo Title Company
Case Number: 1:2004cv01644
Filed: August 16, 2004
Court: US District Court for the Northern District of Ohio
Presiding Judge: Dan Aaron Polster
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 19, 2005. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 19, 2005 Opinion or Order Filing 27 Order dismissing count IV of the complaint with prejudice. Defendant's Motion to dismiss granted to the extent it transfers venue to the Southern District of Ohio (related doc #8 ). Case transferred to the U.S. District Court for the Southern District of Ohio. Signed by Judge Dan Aaron Polster on 4/18/05. (P, R)
April 15, 2005 Filing 26 Notice of Partial Voluntary Dismissal filed by all plaintiffs. (Goldwasser, Andrew)
April 12, 2005 Filing 25 Sur-Reply to Defendant Fifth Third Bank's Motion to dismiss Plaintiffs' Class Action Complaint filed by all plaintiffs. Related document(s) #8 . (Attachments: #1Memorandum in Support)(Goldwasser, Andrew) Modified text of docket entry on 4/14/2005 (B, B). (E-mail sent to attorney on 4/14/2005 re: describing attachments)
April 4, 2005 Filing 24 Reply to response to Motion to dismiss and in the alternative, renewed motion to transfer venue filed by Fifth Third Bank. Related document(s) #8 . (Fischer, Patrick) Modified text of docket entry on 4/7/2005 (B, B).
March 29, 2005 Opinion or Order Order (non-document) granting #23 Fifth Third's Motion for Extension of time until 4/4/05 to file reply. By Judge Dan Aaron Polster on 3/29/05.(P, R)
March 25, 2005 Filing 23 Unopposed Motion for extension of time until April 4, 2005 to file Reply to Plaintiffs Memorandum in Opposition to its Motion to Dismiss filed by Fifth Third Bank. Related document(s) #19 . (Attachments: #1 Proposed Order)(Fischer, Patrick) Modified text of docket entry on 4/1/2005 (B, B).
March 17, 2005 Opinion or Order Order (non-document) granting Plaintiff's Motions for appearance pro hac vice by Attorneys Eric Roberson and Patrick Mulligan, Jr (Related Doc #s #21 #22 ). By Judge Dan Aaron Polster on 3/17/05.(P, R)
March 15, 2005 Opinion or Order Filing 20 Marginal Entry Order pursuant to the Proposed Partial Stipulation authorizing Dismissal without prejudice of defendant Alamo Title. Signed by Judge Dan Aaron Polster on 3/15/05. (Related doc #18 ) (P, R) Modified on 3/18/2005 (B, B).
March 14, 2005 Filing 22 Motion for appearance pro hac vice of Patrick J. Mulligan, Jr., filed by all plaintiffs. (Attachments: #1 Affidavit) FEE PAID, #668497 (C, K A) Modified text 3/15/2005 (C, K A).
March 14, 2005 Filing 21 Motion for appearance pro hac vice of Eric Roberson filed by all plaintiffs. (Attachments: #1 Affidavit) FEE PAID, #668497.(C, K A)
March 14, 2005 Financial Transaction in the amount of $380.00 received for motion to appear pro hac vice by attorney Patrick J. Mulligan Jr. and Eric Roberson, Receipt # 668497 (B, R)
March 14, 2005 Filing 19 Brief in Opposition to Fifth Third's Motion to Dismiss plaintiffs' class action complaint filed by all plaintiffs. (Attachments: #1 Appendix Memorandum in Opposition#2 Exhibit 1#3 Exhibit 1(a)#4 Exhibit 1(b)) (Related doc #8 )(Goldwasser, Andrew) Modified text of docket entry on 3/18/2005 (B, B).
March 14, 2005 Filing 18 Proposed Partial Stipulation of Dismissal filed by all plaintiffs. (Goldwasser, Andrew) Modified text of docket entry on 3/18/2005 (B, B).
March 3, 2005 Opinion or Order Order (non-document) granting #17 Alamo Title Company's Motion for Extension of Time until 3/31/05 to move, plead or otherwise respond to plaintiffs' complaint. By Judge Dan Aaron Polster on 3/3/05.(P, R) Modified text of docket entry on 3/4/2005 (B, B).
March 1, 2005 Filing 17 Motion for extension of time until March 31, 2005 to Move, Plead or Otherwise Respond to Plaintiff's Complaint filed by Alamo Title Company. (Wall, Brett)
March 1, 2005 Opinion or Order Order (non-document) granting #16 Plaintiff's Motion for Extension of Time until 3/15/05 to respond to motion to dismiss. By Judge Dan Aaron Polster on 3/1/05.(P, R)
February 28, 2005 Filing 16 Unopposed Motion for extension of time until March 15, 2005 to file a Memorandum in Opposition to Defendant Fifth Third Banks' Motion to Dismiss Plaintiffs' Class Action Complaint filed by Adrienne R. Mackay. (Goldwasser, Andrew)
February 23, 2005 Filing 15 Attorney Appearance filed by Patrick F. Fischer on behalf of Fifth Third Bank. (Fischer, Patrick) Modified text of docket entry on 2/24/2005 (B, B).
February 22, 2005 Opinion or Order Filing 14 Marginal Order granting Alamo Title's Motion to set aside default entry. Alamo's answer due 3/7/05 (Related Doc #13 ). Signed by Judge Dan Aaron Polster on 2/22/05.(P, R)
February 22, 2005 Opinion or Order Order (non-document) denying as moot Plaintiff's Motion for default Judgment against Alamo Title (Related Doc #10 ). By Judge Dan Aaron Polster on 2/22/05.(P, R)
February 16, 2005 Filing 13 Motion to set aside entry of default filed by Alamo Title Company. Related document(s) #11 . (Attachments: #1 Articles of Incorporation#2 Declaration of Joe Grealish#3 Notice of Change of Registered Service Agent#4 Declaration of Gary Finnell#5 Declaration of Mark Schiffman#6 Unreported Case Law)(Wall, Brett)
February 10, 2005 Filing 12 Attorney Appearance filed by Brett A. Wall, James R. Wooley, John D. Parker and Anne M. Davet on behalf of Alamo Title Company. (Wall, Brett) Modified text of docket entry on 2/14/2005 (B, B).
February 10, 2005 Filing 11 Default Entered on 2/10/05 against Alamo Title Company. Geri M. Smith, Clerk by Robert T. Pitts, Deputy Clerk. (P, R)
February 3, 2005 Filing 10 Motion for default Judgment against Alamo Title Company filed by all plaintiffs. (Attachments: #1 Summons)(Goldwasser, Andrew) Modified text of docket entry on 2/4/2005 (B, B).
January 27, 2005 Filing 9 Affidavit of Therese Paul in Support of Defendants' Motion to Dismiss for improper venue or, in the alternative, to transer venue to the United States District Court for the Eastern District of Texas, Sherwood Division filed by Fifth Third Bank. Related document(s) #8 . (Callow, Jr., Joseph) Modified text of docket entry on 2/1/2005 (B, B).
January 27, 2005 Filing 8 Motion to dismiss Plaintiffs' Class Action Complaint filed by Fifth Third Bank. Related document(s) #1 . (Callow, Jr., Joseph)
January 25, 2005 Filing 7 Return of Service Executed upon Fifth Third Bank by certified mail on 1/20/05 filed by all plaintiffs. (C, K A)
January 19, 2005 Opinion or Order Order (non-document) granting #6 Fifth Third's Motion for extension of time unitl 1/28/05 to answer complaint. By Judge Dan Aaron Polster on 1/19/05.(P, R)
January 13, 2005 Filing 6 Unopposed Motion for a 15 day extension of time from January 13, 2005 until January 28, 2005 in which to file a responsive pleading to plaintiffs' complaint filed by Fifth Third Bank. (Kennedy, R.) Modified text of docket entry on 1/20/2005 (B, B).
December 23, 2004 Filing 5 Praecipe for issuance of summons and complaint upon Fifth Third Bank filed by all plaintiffs. (issued on 12/23/04) (H, D)
September 29, 2004 Filing 4 Return of Service Executed upon Alamo Title Company by certified mail on 9/21/04 filed by all plaintiffs. (C, K A)
September 17, 2004 Filing 3 Praecipe for summons upon Alamo Title Company filed by all plaintiffs. (Issued 9/17/04) (C, K A)
August 16, 2004 Filing 2 Random Assignment of Magistrate Judge Baughman (W, Jo)
August 16, 2004 Filing 1 Complaint with jury demand against Alamo Title Company, Fifth Third Bank (2 summons and Magistrate Consent Forms issued). Filed by Adrienne R. Mackay, Elliot L. Mackay. Filing fee paid; receipt number 663478. (Attachments: #1 Exhibit A.#2 Exhibit B.#3 Civil Cover Sheet)(W, Jo) Modified text of docket entry on 8/24/2004 (B, B).

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Plaintiff: Adrienne R. Mackay
Represented By: Andrew S. Goldwasser
Represented By: Phillip A. Ciano
Represented By: Eric N. Roberson
Represented By: Patrick J. Mulligan, Jr.
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Plaintiff: Elliot L. Mackay
Represented By: Andrew S. Goldwasser
Represented By: Phillip A. Ciano
Represented By: Eric N. Roberson
Represented By: Patrick J. Mulligan, Jr.
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Defendant: Fifth Third Bank
Represented By: Patrick F. Fischer
Represented By: Robert Kennedy
Represented By: Daniel P. Goetz
Represented By: Joseph M. Callow, Jr.
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Defendant: Alamo Title Company
Represented By: Anne M. Davet
Represented By: John D. Parker
Represented By: Brett A. Wall
Represented By: James R. Wooley
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