Fifth Third Bank v. Gentile et al
| Fifth Third Bank |
| Marc A. Gentile, The Gentile Family Trust, Leslie A. Gentile, Gentile Euclid, LLC, The Gentile Dynasty Trust, Gentile Asset Management, L.P., John C Gentile, Marcia L. Gentile, Danielle A. Gentile and Gentile Ponderosa, LLC |
| 1:2008cv00052 |
| January 8, 2008 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Patricia A Gaughan |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Order [non-document]: Motion by Jonathon M. Yarger, David M. Dvorin, Chernett Wasserman Yarger, LLC to withdraw as attorney for Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC is Granted. Judge Patricia A. Gaughan on 5/7/09. (Related Doc #138 ) (LC,S)
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| Filing 138 Motion by Jonathon M. Yarger, David M. Dvorin, Chernett Wasserman Yarger, LLC to withdraw as attorney filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Dvorin, David) |
| Filing 137 Notice of Issuance of Subpoena for Documents on Non-Party in Aid of Execution Pursuant to Federal Rule 69(a)(2) filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Park View Subpoena)(Richards, Timothy) |
| Filing 136 Judgment Entry in favor of plaintiff on counts 1, 2, 5, 9, 13, 18 and in part on count 22 and for defendants in part on count 22 as set forth in accompanying opinion #135 . Judge Patricia A. Gaughan (C,KA) |
| Filing 135 Memorandum Opinion and Order granting #117 plaintiff's motion for summary judgment on counts 2, 5, 9, 13 and 18, and in part on count 22 and for defendants in part on count 22; denying #116 non-Guarantor Defendants' motion for summary judgment as to these same counts. Plaintiff's motion #119 to strike affidavit of John C. Gentile and expert report of Kevin H. LeClair is granted. Non-Guarantor defendants' motion #123 to strike affidavit of Timothy Richards is denied. Judge Patricia A. Gaughan (C,KA) Modified text 4/24/2009 (C,KA). |
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Order [non-document]: Plaintiff's motion for leave to file a surreply in oposition to defendants' motion for summary judgment is GRANTED. Motion for oral argument is DENIED.(Related Doc #127 ) Judge Patricia A. Gaughan on 4/24/09.(D,MB)
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Order [non-document]:Plaintiff's motion for leave to filed a surreply in opposition to defendants' motion to strike is DENIED.(Related Doc #130 ). Judge Patricia A. Gaughan on 4/24/09.(D,MB)
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| Filing 134 Motion to excuse appearance at the Final Pretrial filed by Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile. (Dvorin, David) |
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Order [non-document]: Motion to allow Marcia Gentile to appear at the Final Pretrial via telephone is withdrawn. See Doc. 133.(Related Doc #131 ) Approved byJudge Patricia A. Gaughan on 4/20/09.(D,MB)
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Order [non-document]: Motion to Excuse Defendants Marc Gentile, Leslie Gentile and Danielle Gentile from appearing at the Final Pretrial is granted.(Related Doc #134 ) Approved by Judge Patricia A. Gaughan on 4/20/09.(D,MB)
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| Filing 133 Notice to Withdraw Motion to Allow Marcia Gentile to Appear at the Final Pretrial Via Telephone filed by Marcia L. Gentile. Related document(s) #131 .(Dvorin, David) |
| Filing 132 Response to #131 Motion to attend Pretrial by telephone filed by Fifth Third Bank. (Richards, Timothy) |
| Filing 131 Motion to attend Pretrial by telephone filed by Defendant Marcia L. Gentile. (Dvorin, David) |
| Filing 130 Motion for leave to File a Surreply in Opposition to the Non-Guarantor Defendants' Motion to Strike filed by Plaintiff Fifth Third Bank. Related document(s) #123 . (Richards, Timothy) |
| Filing 129 Reply Memorandum In Support of #123 Motion to strike the Affidavits of Timothy J. Richards filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Dvorin, David) |
| Filing 128 Opposition to #123 Motion to strike the Affidavits of Timothy J. Richards filed by Fifth Third Bank. (Attachments: #1 Affidavit Affidavit of Timothy J. Richards, #2 Exhibit A - Bank of America Declaration, #3 Exhibit B - Occupancy Agreement, #4 Exhibit C - Ponderosa Operating Agreement, #5 Exhibit D - Euclid Operating Agreement, #6 Exhibit E - Ponderosa Discovery Requests, #7 Exhibit F - Value/Source History Report)(Richards, Timothy) |
| Filing 127 Motion to for leave to file a sur-reply in opposition to the non-guarantor defendants' motion for summary judgment filed by Fifth Third Bank. (Attachments: #1 Affidavit of Timothy Richards, #2 Exhibit A, #3 Exhibit B) (Related doc #116 )(Richards, Timothy) Modified text on 4/8/2009 (B,B). |
| Filing 126 Reply to response to #119 Motion to strike Affidavit of John C. Gentile and Expert Report of Kevin H. LeClair filed by Fifth Third Bank. (Richards, Timothy) |
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Filing 125
Order: Before the Court are two motions to strike. A final pretrial conference is scheduled for April 30, 2009 and trial is set for May 11, 2009.Plaintiff's motion to strike (Doc. #119 ) was filed on March 9, 2009. Defendants filed a brief in opposition March 26, 2009. Plaintiff's reply in support shall be filed no later than Friday, April 3, 2009. Defendants' motion to strike (Doc. #123 ) was filed on March 26, 2009. Plaintiff's opposition shall be filed no later than Friday, April 3, 2009. Defendants' reply is due Monday, April 6. Judge Patricia A. Gaughan on 3/31/09. (LC,S)
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| Filing 124 Reply Memorandum In Support of #116 Motion for summary judgment filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Attachments: #1 Affidavit of Marcia L. Gentile, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Dvorin, David) |
| Filing 123 Motion to strike the Affidavits of Timothy J. Richards filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. Related document(s) #120 . (Dvorin, David) |
| Filing 122 Opposition to #119 Motion to strike Affidavit of John C. Gentile and Expert Report of Kevin H. LeClair filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Dvorin, David) |
| Filing 121 Reply to response to #117 Motion for summary judgment filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Deposition of Marcia Gentile)(Richards, Timothy) |
| Filing 120 Opposition to #116 Motion for summary judgment of The Non-Guarantor Defendants' filed by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y)(Richards, Timothy) |
| Filing 119 Motion to strike Affidavit of John C. Gentile and Expert Report of Kevin H. LeClair filed by Plaintiff Fifth Third Bank. (Richards, Timothy) |
| Filing 118 Opposition to #117 Motion for summary judgment of Plaintiff Fifth Third Bank filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Attachments: #1 Affidavit of Marcia L. Gentile, #2 Affidavit of John C. Gentile)(Dvorin, David) |
| Filing 117 Motion for summary judgment filed by Plaintiff Fifth Third Bank. Related document(s) #116 . (Attachments: #1 Exhibit 1 - Estate Planning Diagram, #2 Exhibit 2 - Schedule of Assets for Asset Management, #3 Exhibit 3 - Schedule of Assets for Dynasty Trust, #4 Exhibit 4 - Schedule of Assets for Family Trust, #5 Exhibit 5 - Assignment Documents for Family Trust, #6 Exhibit 6 - Warranty Deed for Arizona Property, #7 Exhibit 7 - Complaint for Divorce, #8 Exhibit 8 - Joint and Survivorship Deed for Ohio Property, #9 Exhibit 9 - Deposition of Asset Management, #10 Exhibit 10 - Deposition of Family Trust, #11 Exhibit 11 - Deposition of Marcia Gentile, #12 Exhibit 12 - Gentile Family Trust, #13 Exhibit 13 - Operating Agreement of Gentile Ponderosa, #14 Exhibit 14 - Operating Agreement of Gentile Euclid, #15 Exhibit 15 - Limited Partnership Agreement for Asset Management, #16 Exhibit 16 - Occupancy Agreement for Arizona Property, #17 Exhibit 17 - Special Warranty Deed for Arizona Property, #18 Exhibit 18 - Special Warranty Deed for Ohio Property, #19 Exhibit 19 - Gentile Dynasty Trust, #20 Affidavit Exhibit 20 - Affidavit in Support of Motion for Summary Judgment, #21 Exhibit 21 - Community Property Law)(Richards, Timothy) |
| Filing 116 Motion for summary judgment filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Dvorin, David) |
| Filing 115 Notice of filing Amended Certificate of Service filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. Related document(s) #114 .(Dvorin, David) |
| Filing 114 Answer to Plaintiff's Third Amended Complaint filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. Related document(s) #109 . (Dvorin, David) |
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Order [non-document]: Plaintiff Fifth Third Bank's Motion for leave to File Third Amended Complaint Instanter is Granted. Judge Patricia A. Gaughan on 1/12/09. (Related Doc #109 ) (LC,S)
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| Filing 113 Reply to response to #109 Motion for leave to File Third Amended Complaint Instanter filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Deposition of Marcia Gentile)(Richards, Timothy) |
| Filing 112 Brief in Opposition to Plaintiff's Motion for Leave to File Third Amended Complaint Instanter filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. Related document(s) #109 . (Attachments: #1 Exhibit A, #2 Exhibit B) (Dvorin, David) |
| Filing 111 Notice of Issuance of Subpoenas for Documents on Non-Parties filed by Fifth Third Bank. (Attachments: #1 Exhibit A)(Richards, Timothy) |
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Filing 110
Order: On July 21, 2008, plaintiff moved to compel defendant John C. Gentile to respond to certain discovery requests (Doc. #58 ). The motion was granted and the Court awarded plaintiff its fees and expenses in bringing the motion (September 8, 2008 Order). Plaintiff's counsel has submitted an affidavit establishing that plaintiffs fees and expenses total $797.50. Accordingly, Gentile is hereby ordered to make payment to plaintiff in the amount of $797.50. Judge Patricia A. Gaughan on 12/15/08. (LC,S)
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| Filing 109 Motion for leave to File Third Amended Complaint Instanter filed by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F- Third Amended Complaint)(Richards, Timothy) |
| Filing 108 Affidavit/Declaration of Matthew Matheney in Connection with Court's Order to Compel against John C. Gentile filed by Fifth Third Bank. (Richards, Timothy) |
| Filing 107 Memorandum Opinion and Order: Plaintiff's Motion for Partial Summary Judgment is GRANTED. Judge Patricia A. Gaughan on 12/8/08. (LC,S) re #97 |
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Order [non-document]: Fifth Third Bank's Motion for Protective Order on the Non-Guarantor Defendants' 30(B)(6) Deposition Notice is MOOT. Judge Patricia A. Gaughan on 12/1/08. (Related Doc #95 ) (LC,S)
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| Filing 106 Reply to response to #95 Motion for protective order on the Non-Guarantor Defendants' 30(B)(6) Deposition Notice filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Deposition of Marcia Gentile as 30(b)(6) Representative for the Gentile Family Trust, #2 Exhibit B - Objections to 30(b)(6) Deposition Notice, #3 Exhibit C - Deposition of Robert A. Rutt as 30(b)(6) Representative for Fifth Third Bank)(Richards, Timothy) |
| Filing 105 Memorandum Opinion and Order: Plaintiff's Motion to Compel is GRANTED (Doc. #93 ). Plaintiff's Motion for Sanctions is GRANTED (Doc. #99 ). Judge Patricia A. Gaughan on 11/19/08. (LC,S) |
| Filing 104 Reply to response to #93 Motion to compel discovery against Defendants Gentile Ponderosa, LLC and Gentile Euclid, LLC filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Commingling of Accounts, #2 Exhibit B - Additional Commingling, #3 Exhibit C - Paychecks Deposited with Mrs. Gentile, #4 Exhibit D - Insurance Check, #5 Exhibit E, #6 Exhibit F - - Park View Documents, #7 Exhibit G - Affidavit of Marcia Gentile, #8 Exhibit H - Organizational Chart, #9 Exhibit I - Settlement Offer and Response, #10 Exhibit J - Deposition of Marcia Gentile, #11 Exhibit K - Procedurally Flawed Email)(Richards, Timothy) |
| Filing 103 Memorandum Opinion and Order: Defendants' Motion for Protective Order and Motion to Quash or Modify Subpoenas Duces Tecum (Doc. #86 ) is GRANTED in PART. All documents ordered produced and any privilege log must be produced within ten (10) business days of entry of this Order. Judge Patricia A. Gaughan on 11/13/08. (LC,S) |
| Filing 102 Brief in Opposition to Plaintiff Fifth Third Bank's Motion for Protective Order filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile. Related document(s) #95 . (Attachments: #1 Exhibit Unreported Cases) (Dvorin, David) Modified text 11/18/2008 (C,KA). |
| Filing 101 Reply to response to #86 Motion for protective order and motion to quash or modify subpoenas with certification of good faith attempt to resolve the dispute filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Dvorin, David) |
| Filing 100 Brief in Opposition to Plaintiff's Motion to Compel and Motion for Sanctions filed by Gentile Ponderosa, LLC, Gentile Euclid, LLC. Related document(s) #93 , #99 . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Dvorin, David) Modified text 11/4/08 (C, KA) |
| Filing 99 Motion for sanctions Against Defendant John C. Gentile filed by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Richards, Timothy) |
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Order[non-document] :Defendants' motion to stay enforcement of subpoenas is granted. Related Doc#89 Approved by Judge Patricia A. Gaughan on 10/31/08.(D,MB)
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Order[non-document]: Nuc pro tunc as of and for 8/13/08: non-expert discovery deadline-11/01/08; expert report for party with the burden of proof-11/01/08; Rebuttal expert report-12/01/08; expert discovery deadline-1/05/09; dispositive motion deadline-2/01/09. Approved by Judge Patricia A. Gaughan on 10/31/08. (D,MB)
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| Filing 98 Third Notice of Issuance of Subpoenas for Documents on Non-Parties filed by Fifth Third Bank. (Attachments: #1 Exhibit A)(Richards, Timothy) |
| Filing 97 Motion for partial summary judgment filed by Plaintiff Fifth Third Bank. (Attachments: #1 Brief in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)(Richards, Timothy) |
| Filing 96 Response to #90 Supplemental Motion for protective order and Motion to Quash or Modify Subpoenas Duces Tecum filed by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Richards, Timothy) |
| Filing 95 Motion for protective order on the Non-Guarantor Defendants' 30(B)(6) Deposition Notice filed by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit A - 30(b)(6) Deposition)(Richards, Timothy) |
| Filing 94 Answer to Plaintiff's Second Amended Complaint filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile. Related document(s) #51 . (Dvorin, David) |
| Filing 93 Motion to compel discovery against Defendants Gentile Ponderosa, LLC and Gentile Euclid, LLC filed by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit A - Ponderosa Responses to Second Combined Discovery, #2 Exhibit B - Euclid Responses to First Combined Discovery, #3 Exhibit C - Correspondence regarding Six Week Extension, #4 Exhibit D - Correspondence regarding Production of Documents, #5 Exhibit E - Correspondence regarding Discovery Dispute, #6 Exhibit F - Correspondence regarding Production of Discoverable Documents)(Richards, Timothy) |
| Filing 92 Memorandum Opinion and Order: Plaintiff's Motion for Preliminary Injunction is GRANTED. Judge Patricia A. Gaughan on 10/10/08. (LC,S) re #54 |
| Filing 91 Opposition to #89 Motion to stay Enforcement of Subpoenas filed by Fifth Third Bank. (Attachments: #1 Exhibit A)(Richards, Timothy) |
| Filing 90 Supplement to Motion for protective order and Motion to Quash or Modify Subpoenas Duces Tecum filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. Related document(s) #86 . (Dvorin, David) Modified docket text and termed motion on 10/9/2008 (R,N). |
| Filing 89 Motion to stay Enforcement of Subpoenas filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Attachments: #1 Exhibit Emails)(Dvorin, David) |
| Filing 88 Subpoena Returned Executed; served upon OppenheimerFunds Distributor, Inc. by Process Server on September 29, 2008 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 87 Subpoena Returned Executed; served upon Lori Koval by Process Server on September 23, 2008 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 86 Motion for protective order and motion to quash or modify subpoenas with certification of good faith attempt to resolve the dispute filed by Gentile Asset Management, L.P., The Gentile Family Trust, The Gentile Dynasty Trust, Marcia L. Gentile, Marc A. Gentile, Leslie A. Gentile, Danielle A. Gentile, Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit B-1, #6 Exhibit B-2, #7 Exhibit B-3, #8 Exhibit B-4, #9 Exhibit B-5, #10 Exhibit B-6, #11 Exhibit B-7, #12 Exhibit B-8, #13 Exhibit B-9, #14 Exhibit B-10)(Dvorin, David) |
| Filing 85 Subpoena Returned Executed; served upon Valley National Asset Management, LLC by Process Server on 9/22/08 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 84 Subpoena Returned Executed; served upon Durfee & Phelps PLLC by Process Server on 9/22/08 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 83 Subpoena Returned Executed; served upon AmTrust Bank by Personal Service on 9/15/2008 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 82 Subpoena Returned Executed; served upon Park View Federal Savings Bank by Personal Service by Process Server on 9/16/2008 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 81 Subpoena Returned Executed; served upon Neil Tramer, CPA by Personal Service on 9/16/2008 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 80 Subpoena Returned Executed; served upon Ohio Department of Taxation by Process Server on 9/16/2008 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 79 Subpoena Returned Executed; served upon Ohio Bureau of Motor Vehicles by Process Server on 9/16/2008 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 78 Subpoena Returned Executed; served upon Cuyahoga County Board of Elections by Personal Service on 9/16/2008 filed on behalf of Fifth Third Bank (Richards, Timothy) |
| Filing 77 FILING ERROR, incomplete document to be refiled. Subpoena Returned Executed; served upon Cuyahoga County Board of Elections by Personal Delivery on 9/16/08 filed on behalf of Fifth Third Bank (Richards, Timothy) Modified text 9/23/2008 (C,KA). |
| Filing 76 FILING ERROR, incomplete document to be refiled. Subpoena Returned Executed; served upon AmTrust Bank by Personal Delivery on 9/15/08 filed on behalf of Fifth Third Bank (Richards, Timothy) Modified text 9/23/2008 (C,KA). |
| Filing 75 Waivers of Service Returned Executed by Fifth Third Bank upon Gentile Asset Management, L.P.; The Gentile Family Trust; The Gentile Dynasty Trust; Marcia L. Gentile; Marc A. Gentile; Leslie A. Gentile; and Danielle A. Gentile, waivers sent on 8/25/2008, filed on behalf of Fifth Third Bank (Richards, Timothy) Modified text 9/23/2008 (C,KA). |
| Filing 74 Notice of Issuance of Subpoenas filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Subpoenas)(Richards, Timothy) |
| Filing 73 Civil Trial Order. Judge Patricia A. Gaughan on 9/8/08. (LC,S) |
| Minutes/Order: At the request of all parties, Settlement Conference was held by telephone. Defendant John C. Gentile failed to make himself available. Final Pretrial is set 4/30/09 at 9:30 a.m. Trial is set 5/11/09 at 9:30 a.m. Judge Patricia A. Gaughan on 9/8/08. (LC,S) |
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Order [non-document]: Plaintiff's motion to compel production of documents by deft John Gentile is unopposed and granted. Documents are to be produced immediately and no later than 9/15/08. Fees and expenses will be awarded. Counsel may submit an affidavit setting forth the amounts. Judge Patricia A. Gaughan on 9/8/08. (Related Doc #58 ). (LC,S)
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Order [non-document]: Defendants' Motion to Allow the Representative of Defendants Gentile Pondersa, LLC and Gentile Euclid, LLC to Appear at Settlemlent Conference Via Telephone is DENIED. Judge Patricia A. Gaughan on 8/25/08.(Related Doc #70 ) (LC,S)
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| Filing 72 Opposition to #70 Motion to attend Settlement Conference by telephone, Response filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Email from Appraiser)(Richards, Timothy) |
| Filing 71 Supplemental Motion to attend Settlement Conference by telephone filed by Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Dvorin, David) |
| Filing 70 Motion to attend Settlement Conference by telephone filed by Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Dvorin, David) |
| Filing 69 Summons issued. (Attachments: #1 Gentile Asset, #2 Gentile Dynasty, #3 Gentile Family Trust, #4 Leslie Gentile, #5 Marc Gentile, #6 Marcia Gentile) (C,KA) |
| Minute/Order (non-document) of Status Conference held. Settlement Conference is set 9/8/08 at 9:30 a.m. Judge Patricia A. Gaughan (LC,S) (3.5 hrs) Modified text 8/19/2008 (C,KA). |
| Filing 68 Praecipe for issuance of Original Summons. filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Summons for Gentile Management, #2 Exhibit B - Summons for The Gentile Family Trust, #3 Exhibit C - Summons for The Gentile Dynasty Trust, #4 Exhibit D - Summons for Marcia L. Gentile, #5 Exhibit E - Summons for Mark A. Gentile, #6 Exhibit F - Summons for Leslie A. Gentile, #7 Exhibit G - Summons for Danielle A. Gentile)(Richards, Timothy) |
| Filing 67 Reply to response to #54 Motion for preliminary injunction filed by Fifth Third Bank. (Attachments: #1 Exhibit A)(Richards, Timothy) |
| Filing 66 Answer to Second Amended Complaint filed by John C Gentile. (C,B) |
| Filing 65 Marginal Entry Order granting unopposed Motion for leave to file second amended complaint instanter (Related Doc #51 ). Judge Patricia A. Gaughan on 8/4/08.(C,B) |
| Filing 64 Answer to Plaintiff's Second Amended Complaint filed by Gentile Ponderosa, LLC, Gentile Euclid, LLC. Related document(s) #51 . (Dvorin, David) |
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Filing 63
Marginal Entry Order Denying motion for expedited telephone status conference, in light of this Court's granting the motion to withdraw #62 ; motion for extension of time to respond to the motion to compel is granted to 8/15/08, (Related Doc #60 ). Signed by Judge Patricia A. Gaughan on 7/29/08.(C,B)
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| Filing 62 Marginal Entry Order granting Motion to withdraw as attorney, attorney Mark R. Koberna and Mark E. Owens removed from case. (Related Doc #55 ). Judge Patricia A. Gaughan on 7/30/08.(C,B) |
| Filing 61 Brief in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Gentile Ponderosa, LLC, Gentile Euclid, LLC. Related document(s) #54 . (Dvorin, David) |
| Filing 60 Motion for conference/hearing Expedited Telephonic Status Conference and for Extension of Time to File Reponse to Fifth Third Bank's Motion to Compel Discovery filed by Defendant John C Gentile. Related document(s) #55 , #58 . (Owens, Mark) |
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Filing 59
Order granting Motion to continue non-expert discovery deadline and deadline for expert reports (Related Doc #56 ) Discovery due by 9/1/2008; and expert reports: party with burden of proof, 9/1/2008, and rebuttal 9/30/2008. Judge Patricia A. Gaughan on 7/24/08.(C,B)
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| Filing 58 Motion to compel discovery filed by Plaintiff Fifth Third Bank. (Attachments: #1 Memorandum in Support, #2 Exhibit A-1, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G)(Richards, Timothy) |
| Filing 57 Proposed Order filed by Fifth Third Bank. Related document(s) #51 . (Richards, Timothy) |
| Filing 56 Joint Motion to continue Non-Expert Discovery Deadline and Deadline for Reports of Expert Witnesses filed by Plaintiff Fifth Third Bank. (Attachments: #1 Proposed Order)(Richards, Timothy) |
| Filing 55 Motion by Sonkin & Koberna Co., L.P.A., to withdraw as attorney filed by Defendant John C Gentile. (Owens, Mark) Modified text 7/22/2008 (C,KA). |
| Filing 54 Motion for preliminary injunction filed by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Richards, Timothy) |
| Filing 53 Notice of Withdrawal of Application For Clerk to Note Default filed by Fifth Third Bank. (Richards, Timothy) |
| Filing 52 Application to Clerk for entry of default against Gentile Ponderosa, LLC filed by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B)(Richards, Timothy) |
| Filing 51 Motion for leave to file second amended complaint, instanter (), filed by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit A - First Amendment to The Gentile Family Trust, #2 Exhibit B - Family Trust Schedule of Assets, #3 Exhibit C - The Gentile Dynasty Trust, #4 Exhibit D - Dynasty Trust Schedule of Assets, #5 Exhibit E - Certificate of Limited Partnership for Asset Management, #6 Exhibit F - Asset Management Schedule of Assets, #7 Exhibit G - Consent of Spouses, Asset Management Partnership Agreement, #8 Exhibit H - Letter from Sonkin & Koberna Co., L.P.A. dated June 20, 2008, #9 Exhibit I - Email from Chernett, Wasserman, and Yarger, LLC dated June 30, 2008, #10 Exhibit J - Second Amended Complaint)(Richards, Timothy) Modified text 7/22/2008 (C,KA). Modified on 8/8/2008 (LC,S). |
| Filing 50 Notice of Issuance of Subpoena for Documents on Non-Party filed by Fifth Third Bank. (Attachments: #1 Exhibit A)(Richards, Timothy) |
| Filing 49 Memorandum Opinion and Order: Defendant Gentile Ponderosa, LLC's motion to dismiss plaintiff's first amended complaint for lack of personal jurisdiction (Doc. #15 ) is DENIED and plaintiff Fifth Third Bank's motion for leave to file a surreply (Doc. #31 ) is DENIED. Judge Patricia A. Gaughan on 6/9/08. (LC,S) |
| Filing 48 Affidavit/Declaration of John C. Gentile filed by John C Gentile. Related document(s) #47 . (Attachments: #1 Exhibit Third Federal Mortgage, #2 Exhibit Park View Mortgage, #3 Exhibit Second Park View Mortgage, #4 Exhibit Tax Bill Summary)(Owens, Mark) |
| Filing 47 Stipulated Order Resolving Fifth Third Bank's Motion for Prejudgment Attachment. Judge Patricia A. Gaughan on 5/29/08. re #33 , #46 (LC,S) |
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Order [non-document]: Joint Motion to continue non-expert discovery deadline and settlement conference is granted. Non-expert discovery deadline is extended to 7/31/08. Settlement Conference is continued to 8/13/2008 at 09:30 AM. Judge Patricia A. Gaughan on 5/28/08. (Related Doc #45 ) (LC,S)
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| Filing 46 Proposed Order Resolving Fifth Third Bank's Motion for Prejudgment Attachment filed by Fifth Third Bank, John C Gentile. Related document(s) #33 . (Owens, Mark) |
| Filing 45 Joint Motion to continue Non-Expert Discovery Deadline and Settlement Conference filed by all parties. (Attachments: #1 Order)(Richards, Timothy) Modified text/filers 5/29/2008 (C,KA). |
| Filing 44 Minutes/Order: Joint request to continue Hearing on Motion for Prejudgment Attachment is granted to June 3, 2008 at 10:30 a.m. Judge Patricia A. Gaughan on 5/22/08. (LC,S) |
| Filing 40 Attorney Appearance by David M. Dvorin filed by on behalf of Gentile Ponderosa, LLC, Gentile Euclid, LLC. (Dvorin, David) |
| Filing 39 Notice /Certificate of Service filed by Fifth Third Bank. (Richards, Timothy) |
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Filing 38
Order Designating Special Process Server: The Court hereby grants Plaintiff's Motion for Designation of Special Process Server and authorizes Plaintiff's counsel to designate HELP, LLC as special process server, who satisfies the requirements as set forth in Rule 4.3(B)(2) of the Ohio Rules of Civil Procedure, to serve the Motion for Prejudgment Attachment, the Notice of Motion for Prejudgment Attachment, and the Request for Hearing on Notice for Prejudgment Attachment upon Defendant John C. Gentile in this action. Signed by Judge Patricia A. Gaughan on 5/13/08. (Related Doc #35 ). (LC,S)
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| Filing 37 Notice of Motion for Prejudgment Attachment. If you request a hearing, it will be conducted in courtroom 19B, 801 West Superior Avenue, Cleveland, Ohio 44113, at 9:00 AM on 5/27/08. Geri M. Smith, Clerk, by Stella Leno-Clifford, Deputy Clerk. Related document(s) #33 . (LC,S) |
| Filing 43 Subpoena Returned Executed; served upon James C. Paponetti, Quad Realty Co., Lynch & Company, Chartwell Group, LLC, and Canal Center Properties, LLC by personal service on 5/7/08 filed on behalf of John C Gentile (C,B) |
| Filing 42 Subpoena Returned Executed; served upon National Basketball Academy Ehle Morrison Group, Ltd., Frederic F. Ehle, and Enterprise Title Agency, Inc. by personal service on 5/6/08 filed on behalf of John C Gentile (C,B) |
| Filing 41 Subpoena Returned Executed; served upon Enterprise Title Agency, Inc. by personal service on 5/5/08 filed on behalf of John C Gentile (C,B) |
| Filing 36 Brief in Opposition to Plaintiff's Motion for Leave to File a Surreply in Opposition to Gentile Ponderosa's Motion to Dismiss or in the Alternative a Response to Plaintiff's Surreply in Opposition to Gentile Ponderosa's Motion to Dismiss filed by Gentile Ponderosa, LLC. Related document(s) #31 . (Yarger, Jonathon) |
| Filing 35 Motion for Designation of Special Process Server for Personal Service filed by Plaintiff Fifth Third Bank. Related document(s) #33 . (Attachments: #1 Proposed Order)(Richards, Timothy) Modified text 5/29/2008 (C,KA). |
| Filing 34 Praecipe for issuance of Notice of Motion for Prejudgment Attachment. filed by Fifth Third Bank. Related document(s) #33 . (Attachments: #1 Exhibit Notice of Motion for Prejudgment Attachment)(Richards, Timothy) |
| Filing 33 Motion for Prejudgment Attachment filed by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit A - Affidavit of Robert A. Rutt, #2 Exhibit B - Affidavit of Timothy J. Richards)(Richards, Timothy) |
| Filing 32 Notice of Issuance of Subpoenas for Documents to Non-Parties filed by John C Gentile. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Owens, Mark) |
| Filing 31 Motion for leave to File Sur-Reply in Opposition to Motion to Dismiss, Instanter filed by Plaintiff Fifth Third Bank. Related document(s) #26 . (Attachments: #1 Exhibit A - SmartLinx Public Records Search, #2 Exhibit B - Subpoena Duces Tecum, #3 Exhibit C - Report of Process Server)(Richards, Timothy) |
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Filing 30
Stipulated Protective Order. Signed by Judge Patricia A. Gaughan on 4/30/08. (Related Doc #28 ) (LC,S)
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| Filing 29 Return of Service Unexecuted (unclaimed) upon Gentile Euclid, LLC by certified mail attempted on 4/9/08 filed on behalf of Fifth Third Bank (Attachments: #1 certified mail envelope)(C,B) Modified text on 4/30/2008 (C,B). |
| Filing 28 Joint Motion for to Enter Stipulated Protective Order filed by Plaintiff Fifth Third Bank and defendant John C. Gentile. (Attachments: #1 Exhibit A - Stipulated Protective Order)(Richards, Timothy) Modified text/filers 5/29/2008 (C,KA). |
| Filing 27 Answer to #10 Amended complaint filed by Gentile Euclid, LLC. (Yarger, Jonathon) |
| Filing 26 Reply to response to #15 Motion to dismiss for lack of jurisdiction filed by Gentile Ponderosa, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Yarger, Jonathon) |
| Filing 25 Return of Service Executed upon Gentile Euclid, LLC by certified mail on 4/9/08 filed on behalf of Fifth Third Bank Related document(s) #22 . (Attachments: #1 certified mail receipt)(C,B) |
| Filing 24 Opposition to #15 Motion to dismiss for lack of jurisdiction filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Exhibit 1 to 5)(Richards, Timothy) |
| Service by Clerk. Summons and Complaint addressed to Gentile Euclid, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 70072680000123581802. (C,BA) |
| Filing 23 Notice /Request for Service by the Clerk by Certified Mail filed by Fifth Third Bank. (Richards, Timothy) |
| Filing 22 Summons issued to counsel for service upon Gentile Euclid, LLC. (C,KA) |
| Filing 21 Notice of Issuance of Subpoena for Documents on Non-Party filed by Fifth Third Bank. (Attachments: #1 Exhibit A)(Richards, Timothy) |
| Filing 20 Praecipe for issuance of Alias Summons to Gentile Euclid, LLC. filed by Fifth Third Bank. (Attachments: #1 Summons)(Richards, Timothy) Modified text 4/4/2008 (C,KA). |
| Filing 19 Initial Disclosures filed by Gentile Ponderosa, LLC. (Yarger, Jonathon) |
| Filing 18 Initial Disclosures filed by John C Gentile. (Owens, Mark) |
| Filing 17 Answer to #10 Amended complaint filed by John C Gentile. (Owens, Mark) |
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Filing 16
Case Management Order: Case Management Conference held on 3/7/08. Case assigned to the Standard Track. Case is suitable for ECF. Non-expert discovery due by 6/16/08. Expert Reports exchanged by 7/31/08 for party with burden of proof and 9/15/08 for rebuttal and Expert discovery due by 10/15/08. Parties to be Joined and Pleading Amendments due by 4/1/08. Dispositive Motions due by 11/17/08. Settlement Conference is set 6/24/08 at 09:00 AM. Parties and lead counsel must appear in person unless otherwise ordered by the Court. Signed by Judge Patricia A. Gaughan on 3/7/08. (LC,S)
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| Filing 15 Motion to dismiss for lack of jurisdiction filed by Defendant Gentile Ponderosa, LLC. Related document(s) #10 . (Yarger, Jonathon) |
| Service by Clerk. Summons and Complaint addressed to Gentile Euclid, LLC placed in U.S. Mail. Type of service: certified mail. Receipt # 70072680000123581796. (C,BA) |
| Filing 14 Summons issued to counsel for service upon Gentile Euclid, LLC. (C,BA) |
| Filing 13 Attorney Appearance by Mark R. Koberna filed by on behalf of John C Gentile. (Koberna, Mark) |
| Filing 12 Attorney Appearance by Mark E. Owens filed by on behalf of John C Gentile. (Owens, Mark) |
| Filing 11 Report of Parties' Planning Meeting Under Fed.R.Civ.P. 26(f) and L.R. 16.3(b). Parties do not consent to this case being assigned to the magistrate judge. filed by Fifth Third Bank. (Richards, Timothy) |
| Filing 10 First Amended complaint against John C Gentile, Gentile Ponderosa, LLC, filed by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Summons to Gentile Euclid, LLC) (Richards, Timothy) |
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Order [non-document]: Stipulation of parties that defendant Gentile Ponderosa, LLC may have leave to answer or otherwise response to Plaintiffs Complaint is granted to 3/6/08. Approved by Judge Patricia A. Gaughan on 2/15/08. (LC,S)
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| Filing 9 Proposed Stipulation for Leave to Plead until 3/6/08 filed by Gentile Ponderosa, Fifth Third Bank (Yarger, Jonathon) Modified text/filers 2/19/2008 (C,KA). |
| Filing 8 FILING ERROR, see doc #9 for corrected filing. Proposed Stipulation for Leave to Plead filed by Gentile Ponderosa, LLC. (Yarger, Jonathon) Modified text 2/19/2008 (C,KA). |
| Filing 7 Attorney Appearance by Jonathon M. Yarger filed by on behalf of Gentile Ponderosa, LLC. (Yarger, Jonathon) |
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Filing 6
Case Management Conference Scheduling Order with case management conference set on 3/7/2008 at 09:00 AM to be held telephonically by Hon. Patricia A. Gaughan. Signed by Judge Patricia A. Gaughan on 2/13/08. (D,MB)
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| Filing 5 Return of Service Executed upon John C. Gentile and Gentile Ponderosa, LLC by certified mail on 1/26/08 filed on behalf of Fifth Third Bank (Attachments: #1 certified mail receipts)(C,B) |
| Filing 4 Notice of Lis Pendens Re: 12525 East Doubletree Ranch Road, Scottsdale, Arizona 85259 filed by Fifth Third Bank. (Richards, Timothy) |
| Random Assignment of Magistrate Judge pursuant to General Order No. 2008-02 effective January 1, 2008. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (Ja,N) |
| Filing 3 Summons and Magistrate Consent Form issued to counsel for service upon John C Gentile & Gentile Ponderosa, LLC. (Attachments: #1 Magistrate Consent Form) (Ja,N) |
| Judge Patricia A. Gaughan assigned to case. (Ja,N) |
| Service by Clerk. Summons and Complaint addressed to John C Gentile & Gentile Ponderosa, LLC placed in U.S. Mail. Type of service: Certified mail. Receipt # 7006 2150 0005 4684 2769/2752. (Ja,N) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Hemann. (Ja,N) |
| Filing 2 Corporate Disclosure Statement by Fifth Third Bank identifying Corporate Parent Fifth Third Financial Corporation, Corporate Parent Fifth Third Bancorp & Corporate Parent Cincinnati Financial Corporation for Fifth Third Bank. Filed by Fifth Third Bank. (Matheney, Matthew) |
| Filing 1 Complaint with jury demand against John C Gentile, Gentile Ponderosa, LLC. Filing fee $ 350, receipt number 06470000000002801279, filed by Fifth Third Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Summons to Gentile Ponderosa, LLC, #6 Summons to John C. Gentile) (Matheney, Matthew) |
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