Blair et al v. JP Morgan Chase Bank National et al
| Mary Enley, Juana Chicoine, Hilda Schroeder, Billy Blair, Robert Baker, Patrick Smith, Annetta Mehling, Lawrence McCauliff, Roger Fisher, James Leonti, Nancy Garret, Charlie Verkamp, Ralph Love, Linda Love, James Gogel, George Pfeffer, Lisa Gossick, Parvin Cox, Anthony Bologna, Gertha Moore, Lynn Telling, Raymond Verkamp, Jerry Baker, Linda Pfeffer, Lucille Arnold, Elmer Wiseman, Connie Fisher, Christine Kaiser, Anthony Dilauro, Oscar Mehling, Rita Gogel, Frances Clendenin, Stella Pointkowski, Marlene Blair, April Wiseman, Katherine Baker, Cheryl Baker, Deborah Watson, Glen Blair, June Cox, Clarence Kaiser, Joseph Enley, Bertha Mynarsky, Joey Evans and Betty Boone Collins |
| Fifth Third Bank, Federal Deposit Insurance Corporation, Security Bank & Trust Company, Huntington National Bank, National City Bank, Citizens Bank, Metropolitan Bank, Union Savings Bank, Union Planters Bank, NA, First National Bank, First Merit Corporation, Conesco Annuity Assurance Company, FirstMerit Bank, N.A., Dubois County Bank, First National Bank of Russell Springs, Bank One, English State Bank, Farmers Bank & Trust Company, Spencer County Bank, First National Bank of Dennison, Charter One Bank, KeyBank, USA NA, John Doe Banks 11-15, Park National Bank, Wright-Patt Credit Union, Inc., Saint Therese/SS Peter & Paul Credit Union, State Street Bank & Trust Company, Integra Bank, N.A., U.S. Bank National Association, Dollar Bank Federal Savings Bank, United Western Bank, Indianapolis Life Insurance Co., John Doe Banks 1-10, Bank of America Corporation, Deutsche Bank Trust Company Delaware, Richland Trust Company and Ohio Savings Bank |
| 1:2008cv00971 |
| April 15, 2008 |
| US District Court for the Northern District of Ohio |
| Fraud or Truth-In-Lending Office |
| Cuyahoga |
| Solomon Oliver |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 185 True copy of mandate from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #171 Notice of Appeal (USCA# 09-4363). Date issued as mandate 9/12/11, Costs: None (Related document #184 ) (H,SP) |
| Filing 184 Information copy of opinion from the USCA for the Sixth Circuit: Affirming the District Court's judgment re #171 Notice of Appeal (USCA# 09-4363). This is not a mandate order. Circuit Judges: Martin, Norris and Siler. Date issued by USCA 8/19/11 (Attachments: #1 Judgment) (H,SP) |
| Filing 183 Appeal Order from USCA for the Sixth Circuit: Granting FDIC's motion to dismiss Juana Chicione's claims against AmTrust re #171 Notice of Appeal. The appeal shall proceed in all other respects (USCA# 09-4363). Circuit Judges: Boggs and Gilman, District Judge: Hood. Date issued by USCA 3/17/11 (H,SP) |
| Filing 182 Appeal Order from USCA for the Sixth Circuit: Granting appellants' motion to reinstate the appeal as to #171 (USCA# 09-4363). Date issued by USCA 2/1/11 (H,SP) |
| Filing 181 True copy of order from the USCA for the Sixth Circuit: Dismissing the appeal for want of prosecution re #171 . The appellant/petitioner's brief was not filed by 1/14/11 (USCA# 09-4363). Date issued by USCA 1/19/11 (H,SP) |
Filing 180
Order denying Plaintiffs' Motion for Leave to File a Third Amended Complaint and to Reconsider the Rulings of September 30, 2009 (ECF No. #158 ); and denying Plaintiffs' Motion for Reinstatement of Claims Against Certain Defendants (ECF No. #172 ). The court grants Defendant Union Savings Bank's Motion to Join Defendant U.S. Bank National Associations Memorandum in Opposition to Plaintiffs Third Motion to Amend Complaint and for Reconsideration (ECF No. #160 ); and grants Defendant U.S. Bank's Motion for Leave to File Instanter a Sur-Reply to Plaintiffs' Reply Brief on Their Motion for Reconsideration Filed October 5, 2009 and Their Motion to Amend This Motion (ECF No. #173 ). Judge Solomon Oliver, Jr. on 9/24/2010. (B,IE)
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Filing 179
Order granting Motion to Substitute party; Ohio Savings Bank (nka AmTrust) removed from case, Federal Deposit Insurance Corporation added to case as Receiver (Related Doc #177 ); granting Motion to Stay (Related Doc #178 ) for 180 days or until August 18, 2010. If no action is reported by this date, the court will move forward to immediately decide the remaining pending Motions. Signed by Judge Solomon Oliver, Jr on 5/21/2010. (D,M)
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| Filing 178 Unopposed Motion to stay pending the exhaustion of administrative remedies filed by Defendant Federal Deposit Insurance Corporation. (Horton, Brett) |
| Filing 177 Motion to substitute party filed by Defendant Federal Deposit Insurance Corporation. (Horton, Brett) |
| Filing 176 Opposition to #172 Motion for reinstatement of claims filed by Deutsche Bank Trust Company Delaware. (Goins, Frances) Modified text on 11/18/2009 (B,B). |
| Filing 175 Appeal Remark from USCA for the Sixth Circuit: The Notice of Appeal will be held in abeyance re #171 , until the District Court rules on pending post-judgment motions (USCA# 09-4363) (H,SP) |
| Filing 174 Acknowledgment from the USCA for Sixth Circuit of receipt of #171 Notice of Appeal (USCA# 09-4363). Date filed in USCA 11/5/09. (H,SP) |
| Filing 173 Motion for leave to file instanter a Sur-Reply to Plaintiff's Reply Brief on their Motion for Reconsideration filed 10/5/09 and their Motion to amend this motion #158 filed by U.S. Bank National Association. (Attachments: #1 Exhibit Sur-reply)(Sullivan, Martha) Modified on 11/5/2009 (R,N). |
| Filing 172 Motion for relief reinstatement of claims against certain defendant's filed by Billy Blair, Glen Blair, Juana Chicoine, Frances Clendenin, Betty Boone Collins, Parvin Cox, Joseph Enley, Joey Evans, Connie Fisher, Nancy Garret, James Gogel, Christine Kaiser, James Leonti, Ralph Love, Lawrence McCauliff, Oscar Mehling, Bertha Mynarsky, George Pfeffer, Stella Pointkowski, Hilda Schroeder, Patrick Smith, Lynn Telling, Deborah Watson. Related document(s) #156 . (Morris, Daniel) Modified on 11/2/2009 (R,N). |
| Filing 171 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the #156 Order of 9/30/09, filed by plaintiffs Billy Blair, Glen Blair, Juana Chicoine, Frances Clendenin, Betty Boone Collins, Parvin Cox, Joseph Enley, Joey Evans, Connie Fisher, Nancy Garret, James Gogel, Christine Kaiser, James Leonti, Ralph Love, Lawrence McCauliff, Oscar Mehling, Bertha Mynarsky, George Pfeffer, Stella Pointkowski, Hilda Schroeder, Patrick Smith, Lynn Telling and Deborah Watson. (Filing fee of $455 paid, receipt number 0647-3809811) (Morris, Daniel). Modified text on 11/3/2009 (H,SP). |
| Filing 170 Reply to response to #160 Motion for joinder To Join Defendant U.S. Bank National Association's Memeorandum In Opposition To Plaintiffs' Third Motion To Amend Complaint and For Reconsideration filed by Billy Blair, Glen Blair, Juana Chicoine, Frances Clendenin, Betty Boone Collins, Parvin Cox, Joseph Enley, Joey Evans, Connie Fisher, Nancy Garret, James Gogel, Christine Kaiser, James Leonti, Ralph Love, Lawrence McCauliff, Oscar Mehling, Bertha Mynarsky, George Pfeffer, Stella Pointkowski, Hilda Schroeder, Patrick Smith, Lynn Telling, Deborah Watson. (Attachments: #1 Brief in Support)(Morris, Daniel) |
| Filing 169 Opposition to #158 Third Motion to amend complaint and to motion for reconsideration filed by Huntington National Bank, National City Bank. (Anastos, Thomas) |
| Filing 168 Opposition to #158 Third Motion to amend complaint filed by Citizens Bank, Fifth Third Bank. (Mumford, Michael) |
| Filing 167 Opposition to #158 Third Motion to amend complaint filed by First Merit Corporation. (Ratliff, Elizabeth) |
| Filing 166 Opposition to #158 Third Motion to amend complaint and for reconsideration of the Court's September 30, 2009 order (Corrected) filed by Dubois County Bank, Security Bank & Trust Company. (Carter, Kevin) |
| Filing 165 Opposition to #158 Third Motion to amend complaint filed by Bank of America Corporation. (Attachments: #1 Exhibit A)(Wallace, David) |
| Filing 164 Response to #158 Third Motion to amend complaint and for Reconsideration filed by Charter One Bank. (Laubenthal, Melissa) |
| Filing 163 Opposition to #158 Third Motion to amend complaint and for reconsideration of the Court's September 30, 2009 order filed by Dubois County Bank, Security Bank & Trust Company. (Carter, Kevin) |
| Filing 162 Opposition to #158 Third Motion to amend complaint filed by Ohio Savings Bank. (Cheatham, Stephen) |
| Filing 161 Opposition to #158 Third Motion to amend complaint filed by Saint Therese/SS Peter & Paul Credit Union. (Attachments: #1 Exhibit Metz v. Unizan ECF #545, #2 Exhibit Letter dated May 13, 2005, #3 Exhibit Letter dated July 15, 2005)(Rice, Jay) |
| Filing 160 Motion for joinder To Join Defendant U.S. Bank National Association's Memeorandum In Opposition To Plaintiffs' Third Motion To Amend Complaint and For Reconsideration filed by Defendant Union Savings Bank. Related document(s) #159 , #158 . (McQueen, Karen) |
| Filing 159 Opposition to #158 Third Motion to amend complaint and for Reconsideration filed by U.S. Bank National Association. (Sullivan, Martha) |
| Filing 158 Motion for reconsideration and for leave to amend complaint filed by Billy Blair, Glen Blair, Juana Chicoine, Frances Clendenin, Betty Boone Collins, Parvin Cox, Joseph Enley, Joey Evans, Connie Fisher, Nancy Garret, James Gogel, Christine Kaiser, James Leonti, Ralph Love, Lawrence McCauliff, Oscar Mehling, Bertha Mynarsky, George Pfeffer, Stella Pointkowski, Hilda Schroeder, Patrick Smith, Lynn Telling, Deborah Watson. Related document(s) #157 , #156 . (Attachments: #1 Brief in Support, #2 Exhibit 1, 7-2-09 Brief contra sanctions, #3 Exhibit 2, 7-7-09 Brief contra sanctions, #4 Exhibit 3, 7-9-09 Brief contra sanctions, #5 Exhibit 4, Death Notice, #6 Proposed Third Amended Complaint ("TAC"), #7 TAC Exhibits 1-19, #8 TAC Exhibit 20, #9 TAC Exhibit 20a, #10 TAC Exhibit 21, #11 TAC Exhibit 21a, #12 TAC Exhibit 22, #13 TAC Exhibit 23, #14 TAC Exhibit 23a, #15 TAC Exhibit 24, #16 TAC Exhibit 24a, #17 TAC Exhibit 25, #18 TAC Exhibit 25a) (Morris, Daniel). Modified text on 11/6/2009 (H,SP). Modified text on 2/19/2010 (H,SP). |
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Filing 157
Order amending Order (re #156 ) issued on 9/30/2009 to make explicit that Defendant Union Savings Bank filed a Motion to Dismiss (ECF #81), which the court granted. Signed by Judge Solomon Oliver, Jr on 10/5/2009. (D,M)
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Filing 156
Order granting Defendants' Motions to Dismiss (re #74 , #77 , #79 , #80 , #81 , #82 , #84 , #85 , #91 , #92 , #99 , #102 , #103 , #104 , #116 , and #121 ; grants in part and denies in part Defendant Huntington's Motion to Strike (re #97 ); denies Defendant Charter One's Motion to Strike Response to Motions to Dismiss (re #138 ); denies Defendants Citizen, Fifth Third Bank, Spencer County, U.S. Bank, Old National Bank, Huntington and National City's Motion to Stay Proceedings (re #146 , #147 , #148 , #149 ; and denies Plaintiffs' Notice of Voluntary Dismissal (re #154 ). The court dismisses claims asserted in the Second Amended Complaint against the following Defendants: AmTrust Bank; Bank of America; Citizens Bank; Charter One Bank: Community First Bank; First Merit; Fifth Third; Huntington; National City Bank; Old National Bank; Regions Bank; Saint Therese Bank; Spencer County Bank; State Street Bank; U.S. Bank; and Fifth Third Bank. It appears from the docket that Defendants Deutsche Bank Trust Company Delaware, First National Bank of Dennison, First National Bank of Russell Springs, Integra Bank, N.A., and United Western Bank have yet to be served. The court dismisses these claims without prejudice to reinstatement if Plaintiffs demonstrate to the court within 30 days good cause for their failure to serve and seeks a modest extension to complete service. Signed by Judge Solomon Oliver, Jr on 9/30/2009. (D,M)
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| Filing 155 Response to #147 Motion for joinder : Joinder in Motion of Defendant Fifth Third Bank, N.A. to Stay Proceedings,, #150 Motion for leave to file their response to the Defendants' motion for a stay, instanter, #146 Motion to stay, #149 Motion for joinder to Motion of Defendant Fifth Third Bank to Stay Proceedings, #148 Motion for joinder of motion to stay proceedings filed by Defendant Fifth Third Bank, N.A. filed by Billy Blair, Glen Blair, Juana Chicoine, Frances Clendenin, Betty Boone Collins, Parvin Cox, Joseph Enley, Joey Evans, Connie Fisher, Nancy Garret, James Gogel, Christine Kaiser, James Leonti, Ralph Love, Lawrence McCauliff, Oscar Mehling, Bertha Mynarsky, George Pfeffer, Stella Pointkowski, Hilda Schroeder, Patrick Smith, Lynn Telling, Deborah Watson. (Attachments: #1 Brief in Support Named Plainitffs' Brief in Opposition)(Morris, Daniel) |
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Order [non-document] granting Plaintiff's Motion for leave (Related Doc #150 ) to file their response to the Defendants' motion for a stay, instanter. Approved by Judge Solomon Oliver, Jr on 9/29/2009. (D,M)
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Order [non-document] denying as moot Motion for Leave (Related Doc #124 ); denying as moot Motion for Leave (Related Doc #125 ). Approved by Judge Solomon Oliver, Jr., on 9/29/2009. (D,M)
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| Filing 154 Notice of Dismissal Under FRCP 41(a)(1) (A)(i) filed by Billy Blair, Glen Blair, Juana Chicoine, Frances Clendenin, Betty Boone Collins, Parvin Cox, Joseph Enley, Joey Evans, Connie Fisher, Nancy Garret, James Gogel, Christine Kaiser, James Leonti, Ralph Love, Lawrence McCauliff, Oscar Mehling, Bertha Mynarsky, George Pfeffer, Stella Pointkowski, Hilda Schroeder, Patrick Smith, Lynn Telling, Deborah Watson. (Morris, Daniel) |
| Filing 153 Notice of Withdrawal of Duplicative Counsel filed by State Street Bank & Trust Company. (Bulloff, Aaron) |
| Filing 152 Address Change Notice by Daniel G. Morris filed by on behalf of Billy Blair. (Morris, Daniel) |
| Filing 151 Reply to response to #146 Motion to stay filed by Fifth Third Bank. (McVoy, Katie) |
| Filing 150 Motion for leave to file their response to the Defendants' motion for a stay, instanter filed by Plaintiff Billy Blair (Related document(s) #147 , #146 , #149 , #148 ). (Attachments: #1 Plaintiff's Response, Instanter, #2 Plainitffs' Brief in Opposition) (Morris, Daniel). Modified text on 11/6/2009 (H,SP). |
| Filing 149 Motion for joinder to Motion of Defendant Fifth Third Bank to Stay Proceedings filed by Huntington National Bank, National City Bank. Related document(s) #146 . (Goins, Frances) |
| Filing 148 Motion for joinder of motion to stay proceedings filed by Defendant Fifth Third Bank, N.A. filed by Dubois County Bank, Security Bank & Trust Company. Related document(s) #146 . (Carter, Kevin) |
| Filing 147 Motion for joinder : Joinder in Motion of Defendant Fifth Third Bank, N.A. to Stay Proceedings, filed by Spencer County Bank, U.S. Bank National Association. Related document(s) #146 . (Sullivan, Martha) |
| Filing 146 Motion to stay filed by Citizens Bank, Fifth Third Bank. (McVoy, Katie) |
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Order [non-document] withdrawing Motion for sanctions (Related Doc #115 ). Approved by Judge Solomon Oliver, Jr on 7/21/2009. (D,M)
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| Filing 145 Notice of Withdrawal of Motion for Sanctions filed by Citizens Bank, Fifth Third Bank. Related document(s) #115 .(McVoy, Katie) |
| Filing 144 Reply to response to #104 Motion to dismiss Plaintiffs' Second Amended Complaint filed by U.S. Bank National Association. (Attachments: #1 Exhibit A: Loyd Mem. Op. & Order)(Sullivan, Martha) |
| Filing 143 Reply to response to #103 Motion to dismiss the Second Amended Complaint. filed by Spencer County Bank. (Sullivan, Martha) |
| Filing 142 Reply to response to #116 Motion to dismiss Defendant Bank of America Corporation filed by Bank of America Corporation. (Wallace, David) |
| Filing 141 Reply to response to #102 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Huntington National Bank. (Anastos, Thomas) |
| Filing 140 Reply to response to #85 Motion to dismiss filed by National City Bank. (Anastos, Thomas) |
| Filing 139 Reply to response to #91 Motion to dismiss Second Amended Complaint filed by Citizens Bank, 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)(McVoy, Katie) |
| Filing 138 Motion to strike Response to Motions to Dismiss, and in the Alternative Reply in Support of Motion to Dismiss filed by Defendant Charter One Bank. Related document(s) #126 . (Attachments: #1 Brief in Support, #2 Exhibit 1, #3 Exhibit 2)(Laubenthal, Melissa) |
| Filing 137 Reply to response to #92 Motion to dismiss Second Amended Complaint Defendant State Street Bank and Trust Company's Memorandum in Reply to Plaintiffs' Response to Motion to Dismiss Second Amended Complaint filed by State Street Bank & Trust Company. (Bulloff, Aaron) |
| Filing 136 Reply to response to #77 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Saint Therese/SS Peter & Paul Credit Union. (Attachments: #1 Appendix Metz - Mem & Opinion (ECF #600), #2 Appendix Metz - Intervener's Motion (ECF #545), #3 Appendix Loyd - Mem Opinion & Order (ECF #195))(Rice, Jay) |
| Filing 135 Reply Memorandum In Support of #121 Motion to dismiss Second Amended Complaint for Money Damages Only filed by Ohio Savings Bank. (Cheatham, Stephen) |
| Filing 134 Reply to response to #84 Motion to dismiss filed by First Merit Corporation. (Attachments: #1 Exhibit Local Rule 7.1 Certification of Counsel)(Ratliff, Elizabeth) |
| Filing 133 Reply to response to #81 Motion to dismiss Plaintiffs' Second Amended Complaint and Memorandum In Support Of Its Motion To Dismiss filed by Union Savings Bank. (McQueen, Karen) |
| Filing 132 Reply to response to #74 Motion to dismiss Second Amended Complaint filed by English State Bank. (Anderson, Kathleen) |
| Filing 131 Reply Memorandum In Support of #80 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Security Bank & Trust Company, Dubois County Bank. (Carter, Kevin) |
| Filing 130 Memorandum In Support of #79 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Union Planters Bank, NA. (Smith-Rivera, Kimberly) |
| Filing 129 Notice of Submission of Supplemental Authority filed by First Merit Corporation. (Attachments: #1 Exhibit A)Related document(s) #84 .(Ratliff, Elizabeth) |
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Filing 128
Marginal Entry Order denying Motion to stay (Related Doc #127 ). Plaintiff's counsel has not shown that detriment to Plaintiffs will occur for failure to grant a stay. Signed by Judge Solomon Oliver, Jr on 6/8/2009. (D,M)
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| Filing 127 Motion to stay All Proceedings filed by Plaintiff Billy Blair. (Morris, Daniel) |
| Filing 126 Response to #80 Motion to dismiss Plaintiffs' Second Amended Complaint, #85 Motion to dismiss, #102 Motion to dismiss Plaintiffs' Second Amended Complaint, #77 Motion to dismiss Plaintiffs' Second Amended Complaint, #99 Motion to dismiss Second Amended Complaint for Money Damages Only, #104 Motion to dismiss Plaintiffs' Second Amended Complaint, #92 Motion to dismiss Second Amended Complaint, #103 Motion to dismiss the Second Amended Complaint., #116 Motion to dismiss Defendant Bank of America Corporation, #74 Motion to dismiss Second Amended Complaint, #81 Motion to dismiss Plaintiffs' Second Amended Complaint and Memorandum In Support, #82 Motion to dismiss Second Amended Complaint, #84 Motion to dismiss, #79 Motion to dismiss Plaintiffs' Second Amended Complaint, #91 Motion to dismiss Second Amended Complaint, #121 Motion to dismiss Second Amended Complaint for Money Damages Only filed by all plaintiffs. (Attachments: #1 Brief in Support Brief in opposition, #2 Exhibit 1 Br in Opp, #3 Exhibit 2, Br. in Opp'n, #4 Exhibit 3 Br. in Opp'n, #5 Exhibit 4, Br. inn Opp'n, #6 Exhibit 5, Br. in Opp'n, #7 Exhibit 6, Br. in Opp'n, #8 Exhibit 7 Br. in Opp'n, #9 Exhibit 8 Br. in Opp'n, #10 Exhibit 9 Br. in Opp'n, #11 Affidavit of Counsel)(Morris, Daniel) Modified document description on 5/29/2009 (R,N). |
| Filing 125 Motion for leave to file instanter Reply in Support of Motion for Sanctions filed by Defendant Fifth Third Bank. Related document(s) #124 . (Attachments: #1 Reply in Support of Motion for Sanctions)(McVoy, Katie) |
| Filing 124 Motion for leave to file Plaintiffs' response to Fifth Third's motion for sanctions instanter filed by Plaintiff Billy Blair. Related document(s) #115 , #122 . (Attachments: #1 Exhibit Plaintiffs' Response, #2 Exhibit Brief in Opposition, #3 Affidavit Morris Affidavit--Ex.1 Br. in Opp'n.)(Morris, Daniel) |
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Order [non-document] denying as moot Motion to attend by telephone (Related Doc #119 ). Approved by Judge Solomon Oliver, Jr on 5/6/2009. (D,M)
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| Filing 123 Attorney Appearance Notice by Mark M. Turner filed by on behalf of Saint Therese/SS Peter & Paul Credit Union. (Turner, Mark) |
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Filing 122
Order/Minutes of proceedings before Judge Solomon Oliver, Jr.Telephone Conference held on 4/1/2009. The court granted Plaintiffs' counsel ten days to respond to Defendants Fifth Third Bank and Citizen Bank's Motions for Sanction. Additionally, the court granted Defendants' request to allow thirty days, instead of ten as previously ordered, to reply to Plaintiffs' opposition to the pending Motions to Dismiss. Accordingly, in the Bandy case (08-1064) Defendants have thirty days from today to reply, and in the Blair case (08-971), Defendants have thirty days from May 26, 2009 to reply. Lastly, the court stayed discovery until the pending Motions to Dismiss are resolved. Thereafter, the court will schedule a pretrial conference to set dates for discovery. Signed by Judge Solomon Oliver, Jr., on 5/4/2009. Time: 1 hour. (D,M)
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| Filing 121 Motion to dismiss Second Amended Complaint for Money Damages Only filed by Defendant Ohio Savings Bank. Related document(s) #114 . (Cheatham, Stephen) |
| Notice [non-document] of RESCHEDULING Telephone Conference for 5/1/2009, at 2:00 PM before Judge Solomon Oliver Jr. Please phone (216)357-7088 at the appropriate time and day. (D,M) |
| Notice [non-document] changing the status conference set for 4/22/2009, at 2:00 PM to a telephonic status conference before Judge Solomon Oliver Jr. The court will initiate this call to counsel for all parties. (D,M) |
| Notice [non-document] to all parties attending the telephone conference on April 22, 2009, at 2:00 p.m. Please phone the court at (216)357-7088 at the appropriate time to attend this conference call. (D,M) |
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Order [non-document] denying as moot Motion to Excuse Attnedance of Party Representative at Status Conference (Related Doc #120 ). Judge Solomon Oliver, Jr on 4/20/2009. (D,M)
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| Filing 120 Motion for Order Excusing Personal Attendance of Its Party-Representative at the Status Conference scheduled for 4/22/09 and Allowing Availability for Telephonic Communication filed by Bank of America Corporation. (Wallace, David) Modified docket text on 4/21/2009 (R,N). |
| Filing 119 Motion to attend Defendant Union Savings Bank Party Represenative April 22, 2009 Status Conference by telephone filed by Defendant Union Savings Bank. (McQueen, Karen) |
| Filing 118 Address Change Notice of Counsel by Melissa A. Laubenthal filed by on behalf of Citizens Bank, Charter One Bank. (Laubenthal, Melissa) (Counsel phoned to inform the court that they represent only Charter One) |
| Filing 117 Corporate Disclosure Statement by Bank of America Corporation filed by Bank of America Corporation. (Wallace, David) |
| Filing 116 Motion to dismiss Second Amended Complaint, filed by Bank of America Corporation (Wallace, David). Modified text on 11/6/2009 (H,SP). |
| Filing 115 Motion for sanctions, with attached memorandum in support, filed by Citizens Bank, Fifth Third Bank. (Attachments: #1 Exhibit A Metz Second Amended Complaint, #2 Exhibit B Metz Intervenor Complaint, #3 Exhibit C Metz Motion to Intervene, #4 Exhibit D Metz Feb 28 2006 Order, #5 Exhibit E Metz Feb 24 2006 Op and Order, #6 Exhibit F Metz Sept 16 2008 Order, #7 Exhibit G Metz Feb 8 2008 Rep and Rec, #8 Exhibit H Metz May 7 2008 Order, #9 Exhibit I May 9 2008 Letter, #10 Exhibit J Nov 26 2008 Letter, #11 Exhibit K Feb 11 2009 Letter, #12 Exhibit L Feb 19 2009 Letter)(McVoy, Katie) Modified docket text on 3/27/2009 (R,N). |
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Filing 114
Order denying as moot the following Motions to Dismiss Plaintiffs' Complaint or First Amended Complaint filed by Defendants: (Related Docs #24 , #25 , #27 , #38 , #42 , #47 , #48 , #53 , and #61 ). The court grants Plaintiffs' Motions for a Scheduling Order (Related Docs #89 and #95 ). Defendants who have not yet responded to Plaintiffs' Second Amended Complaint must do so by 4/24/2009. Plaintiffs will then have 30 days to oppose any Motions to Dismiss, and Defendants will have 10 days thereafter to reply. All other Motions shall be filed in accordance with the Local Rules. Signed by Judge Solomon Oliver, Jr on 3/25/2009. (D,M)
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Order [non-document] granting Motion to attend by telephone (Related Doc #113 ). Approved by Judge Solomon Oliver, Jr on 3/25/2009.(D,M)
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| Notice of Hearing [non-document]. Status Conference reset for 4/22/2009, at 2:00 PM in Chambers 17A before Judge Solomon Oliver Jr. (D,M) |
| Filing 113 Motion to attend Status Conference Scheduled for March 25, 2009 by telephone filed by Defendant First Merit Corporation. (Ratliff, Elizabeth) |
| Filing 112 Attorney Appearance of Co-Counsel by Owen J. Rarric filed by on behalf of Union Savings Bank. (Rarric, Owen) Modified docket text on 3/17/2009 (R,N). |
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Order [non-document] granting Defendant Old National Bank's Motion to attend March 25, 2009, status conference by telephone (Related Doc #106 ). Approved by Judge Solomon Oliver, Jr on 3/13/2009. (D,M)
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Order [non-document] granting Defendant Charter One's Motion to excuse personal appearance at March 25, 2009, status conference (Related Doc #111 ). Approved by Judge Solomon Oliver, Jr on 3/13/2009. (D,M)
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Order [non-document] granting Defendant Regions Bank's Motion for party representative to attend March 25, 2009, status conference by telephone (Related Doc #107 ). Approved by Judge Solomon Oliver, Jr on 3/13/2009. (D,M)
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Order [non-document] granting Defendant State Street Bank & Trust Company's Motion to attend March 25, 2009, status conference by telephone (Related Doc #109 ). Approved by Judge Solomon Oliver, Jr on 3/13/2009. (D,M)
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Order [non-document] granting Defendants Fifth Third Bank N.A. and Citizens Bank's Motion to withdraw (Related Doc #37 ) the Motion to Dismiss filed by Fifth Third on November 17, 2008, (Related Doc #36 ). Approved by Judge Solomon Oliver, Jr on 3/13/2009. (D,M)
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Order [non-document] granting Defendant St. Therese/SS. Peter & Paul Federal Credit Union's Motion for party representatives to attend March 25, 2009, status conference by telephone (Related Doc #108 ). Approved by Judge Solomon Oliver, Jr on 3/13/2009. (D,M)
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| Filing 111 Motion to excuse personal appearance of a party representative from the status conference scheduled for 3/25/09 filed by Defendant Charter One Bank. (Laubenthal, Melissa) Modified text/filers 3/12/2009 (C,KA). |
| Filing 110 Returned Mail addressed to Glenn M. Cunningham marked "return to sender, not deliverable as addressed, unable to forward." (B,IE) |
| Filing 109 Motion for a party representative to attend March 25, 2009 Status Conference by telephone filed by Defendant State Street Bank & Trust Company. (Bulloff, Aaron) Modified docket text on 3/12/2009 (R,N). |
| Filing 108 Motion for party representative to attend the status conference scheduled for 3/25/09, by telephone filed by Defendant Saint Therese/SS Peter & Paul Credit Union. (Rice, Jay) Modified docket text on 3/11/2009 (R,N). |
| Filing 107 Motion for party representative to attend the Status Conference scheduled for 3/25/09, by telephone filed by Defendant Union Planters Bank, NA. (Smith-Rivera, Kimberly) Modified docket text on 3/11/2009 (R,N). |
| Filing 106 Motion to excuse personal attendance of party representative at the March 25, 2009 Status Conference filed by Security Bank & Trust Company, Dubois County Bank. (Carter, Kevin) Modified docket text on 3/10/2009 (R,N). |
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Order [non-document] granting Motion to attend status conference by telephone (Related Doc #105 ) by party representative Defendant Union Savings Bank Party, if needed. Approved by Judge Solomon Oliver, Jr on 3/5/2009. (D,M)
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| Filing 105 Motion for party representative to attend The Status Conference set for 3/25/09, by telephone filed by Defendant Union Savings Bank. (McQueen, Karen) Modified docket text on 3/9/2009 (R,N). |
| Filing 104 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Defendant U.S. Bank National Association. (Attachments: #1 Brief in Support, #2 Exhibit A. Memorandum Opinion and Order, #3 Exhibit B: Report & Recommendation, #4 Exhibit C: Order adopting report and recommendation)(Sullivan, Martha) Modified docket text on 2/23/2009 (R,N). |
| Filing 103 Motion to dismiss the Second Amended Complaint. filed by Defendant Spencer County Bank. Related document(s) #72 . (Attachments: #1 Memorandum in Support of Motion to Dismiss Second Amended Complaint, #2 Declaration of Steve D. Kendall)(Sullivan, Martha) |
| Filing 102 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Defendant Huntington National Bank. Related document(s) #72 . (Attachments: #1 Exhibit A - 3/21/08 Morris Affidavit, #2 Exhibit B - 2/28/06 Opinion and Order in Metz)(Anastos, Thomas) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jason M. Price (Related Doc #101 ) and Motion for appearance pro hac vice by attorney Glenn M. Cunningham (Related Doc #100 ) for State Street Bank & Trust Company. Approved by Judge Solomon Oliver, Jr on 2/9/2009. (D,M)
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| Filing 101 Motion for attorney Jason M. Price to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003411860, filed by Defendant State Street Bank & Trust Company. (Attachments: #1 Affidavit & Certificate of Good Standing)(Bulloff, Aaron) |
| Filing 100 Motion for attorney Glenn M. Cunningham to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003411819, filed by Defendant State Street Bank & Trust Company. (Attachments: #1 Affidavit & Certificate of Good Standing)(Bulloff, Aaron) |
| Filing 99 Motion to dismiss Second Amended Complaint for Money Damages Only filed by Defendant Ohio Savings Bank. Related document(s) #72 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cheatham, Stephen) |
| Filing 98 Corporate Disclosure Statement by Huntington National Bank filed by Huntington National Bank. (Anastos, Thomas) |
| Filing 97 Motion to strike filed by Defendant Huntington National Bank. (Shalodi, Reem) |
| Filing 96 Notice of Substitution of Counsel, removing Vorys, Sater, Seymour and Pease LLP and adding Ulmer & Berne LLP filed by National City Bank. (Shalodi, Reem) |
| Filing 95 Motion for Order Scheduling 12(B)(6) Motions and Response filed by Plaintiff Billy Blair. (Morris, Daniel) |
| Filing 94 Notice of Substitution of Counsel removing attorney Christopher P. Schueller filed by on behalf of State Street Bank & Trust Company. (Schueller, Christopher) Modified text on 1/23/2009 (B,B). Modified docket text on 1/26/2009 (R,N). |
| Filing 93 Opposition to #89 Motion for Order to Set 12(B)(6) Briefing Schedule filed by U.S. Bank National Association, Spencer County Bank. (Sullivan, Martha) |
| Filing 92 Motion to dismiss Second Amended Complaint filed by Defendant State Street Bank & Trust Company. (Bulloff, Aaron) |
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Order [non-document] granting Defendant Community First Bank's Motion to attend by telephone (Related Doc #83 ) status conference set for 3/25/2009, at 11:00 a.m. Counsel shall phone chambers at 216-357-7171, at the appropriate time. Party shall be available by telephone if needed. Approved by Judge Solomon Oliver, Jr on 1/22/2009. (D,M)
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Order [non-document] granting #76 Joint Motion for a 30 day extension of time to Answer filed by Billy Blair, Glen Blair, Defendant Ohio Savings Bank. Approved by Judge Solomon Oliver, Jr on 1/21/2009.(D,M)
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Order [non-document] granting #87 Defendant Huntington National Bank's Motion for extension of time until February 19, 2009 to Answer, Move, Plead, or Otherwise Respond to the Second Amended Complaint. Approved by Judge Solomon Oliver, Jr on 1/21/2009. (D,M)
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Order [non-document] granting #69 Motion for extension of Time in which to file their second amended complaint until until January 2, 2009 filed by Plaintiff Billy Blair. Approved by Judge Solomon Oliver, Jr on 1/21/2009. (D,M)
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Order [non-document] granting Motion to withdraw pleading #88 (Related Doc #90 ) and withdrawing Motion for Order (Related Doc #88 ). Approved by Judge Solomon Oliver, Jr on 1/21/2009. (D,M)
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Order [non-document] denying Plaintiff's Motion for oral argument (Related Doc #59 ). Written responsed must be filed within 7 days of the date of this Order. Approved by Judge Solomon Oliver, Jr on 1/21/2009. (D,M)
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| Filing 91 Motion to dismiss Second Amended Complaint, with attached memorandum in support filed by Fifth Third Bank. (Attachments: #1 Exhibit A Posen I Complaint, #2 Exhibit B Posen II Complaint, #3 Exhibit C Metz Complaint, #4 Exhibit D Metz Second Amended Complaint, #5 Exhibit E Metz Intervener Complaint, #6 Exhibit F Metz March 3 2006 Order, #7 Exhibit G Metz Motion to Intervene, #8 Exhibit H Metz Feb 24 2006 Order, #9 Exhibit I Metz Feb 8 2008 Order, #10 Exhibit J Metz May 5 2008 Order, #11 Exhibit K Metz Feb 28 2006 Order, #12 Exhibit L Metz Sept 16 2008 Order, #13 Appendix Unreported Cases) (McVoy, Katie). Modified docket text on 1/21/2009 (R,N). |
| Filing 90 Motion for to Withdraw Document filed by Plaintiff Billy Blair. Related document(s) #88 , #89 . (Morris, Daniel) |
| Filing 89 Motion for Order to Set 12(B)(6) Briefing Schedule filed by Plaintiff Billy Blair. Related document(s) #80 , #85 , #74 , #81 , #82 , #88 , #77 , #72 , #84 , #63 , #79 , #69 . (Morris, Daniel) |
| Filing 88 DOCUMENT FILED IN ERROR, PLEASE SEE #89 FOR CORRECT ENTRY Motion for Order to Set 12(B)(6) Briefing Schedule filed by Plaintiff Billy Blair. Related document(s) #80 , #74 , #81 , #82 , #77 , #72 , #84 , #63 , #79 . (Morris, Daniel) Modified docket text on 1/21/2009 (R,N). |
| Filing 87 Motion for extension of time until February 19, 2009 to Answer, Move, Plead, or Otherwise Respond to the Second Amended Complaint filed by Defendant Huntington National Bank. Related document(s) #72 . (Anastos, Thomas) |
| Filing 86 Attorney Appearance by Aaron H. Bulloff filed by on behalf of State Street Bank & Trust Company. (Bulloff, Aaron) |
| Filing 85 Motion to dismiss filed by Defendant National City Bank. (Attachments: #1 Exhibit A)(Ratliff, Elizabeth) |
| Filing 84 Motion to dismiss filed by Defendant FirstMerit Bank, N.A. (Attachments: #1 Exhibit A) (Ratliff, Elizabeth). Modified to correct party on 11/17/2009 (H,SP). |
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Order [non-document] granting #33 Motion for extension of time to Respond to Plaintiffs' Complaint until 12/29/08 filed by Defendant State Street Bank & Trust Company. Approved by Judge Solomon Oliver, Jr on 1/15/2009. (D,M)
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Order [non-document] granting #78 Unopposed Motion for Extension of Time to Answer until 2/19/2009 by Defendants U.S. Bank National Association and Spencer County Bank's answer due 2/19/2009. Approved by Judge Solomon Oliver, Jr on 1/15/2009. (D,M)
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| Filing 83 Motion to attend March 25, 2009 Status Conference by telephone filed by Defendant English State Bank. (Attachments: #1 Proposed Order)(Anderson, Kathleen) |
| Notice [non-document] of Status Conference set for 3/25/2009, at 11:00 AM in Chambers 17A before Judge Solomon Oliver Jr. (D,M) |
| Filing 82 Motion to dismiss Second Amended Complaint filed by Defendant Charter One Bank. Related document(s) #72 . (Attachments: #1 Brief in Support, #2 Exhibit, #3 Exhibit)(Laubenthal, Melissa) |
| Filing 81 Motion to dismiss Plaintiffs' Second Amended Complaint and Memorandum In Support filed by Defendant Union Savings Bank. Related document(s) #72 . (McQueen, Karen) |
| Filing 80 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Security Bank & Trust Company, Dubois County Bank. Related document(s) #72 . (Carter, Kevin) |
| Filing 79 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Defendant Union Planters Bank, NA. Related document(s) #72 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith-Rivera, Kimberly) |
| Filing 78 Unopposed Motion for extension of time until February 19, 2009 to answer the Second Amended Complaint, filed by U.S. Bank National Association, Spencer County Bank. (Sullivan, Martha) |
| Filing 77 Motion to dismiss Plaintiffs' Second Amended Complaint with attached memorandum in support, filed by Defendant Saint Therese/SS Peter & Paul Credit Union. Related document(s) #72 . (Attachments: #1 Exhibit Metz ECF #332, #2 Exhibit Metz ECF #334, #3 Exhibit Metz ECF #336, #4 Exhibit Metz ECF #349, #5 Exhibit Metz ECF #377, #6 Exhibit Metz ECF #379)(Rice, Jay) Modified docket text on 1/13/2009 (R,N). |
| Filing 76 Joint Motion for a 30 day extension of time to Answer filed by Billy Blair, Glen Blair, Defendant Ohio Savings Bank. (Lachman, Roy) Modified docket text on 1/13/2009 (R,N). |
| Filing 75 First Proposed Stipulation for extension of time to move or plead to answer the second amended Complaint on or before February 11, 2009 filed by Saint Therese/SS Peter & Paul Credit Union. (Rice, Jay) |
| Filing 74 Motion to dismiss Second Amended Complaint filed by Defendant English State Bank. Related document(s) #72 . (Attachments: #1 Exhibit Memorandum, #2 Exhibit Affidavit of Eckart)(Anderson, Kathleen) |
| Filing 73 Corporate Disclosure Statement by Charter One Bank identifying Corporate Parent RBS Citizens N.A. for Charter One Bank, filed by Charter One Bank. (Laubenthal, Melissa) Modified text/filers 1/8/2009 (B,IE). |
| Filing 72 Second Amended complaint against all defendants, filed by Billy Blair. (Morris, Daniel) |
| Filing 71 Corporate Disclosure Statement by Spencer County Bank filed by Spencer County Bank. (Rodgers, Joseph) |
| Filing 70 Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp, Inc. for U.S. Bank National Association. filed by U.S. Bank National Association. (Rodgers, Joseph) |
| Filing 69 Motion for extension of Time in which to file their second amended complaint until until January 2, 2009 filed by Plaintiff Billy Blair. Related document(s) #63 . (Morris, Daniel) |
| Filing 68 Attorney Appearance by Michael E. Mumford filed by on behalf of Fifth Third Bank. (Mumford, Michael) |
| Filing 67 Attorney Appearance by Kathleen A. Nitschke filed by on behalf of Charter One Bank. (Nitschke, Kathleen) |
| Judge Solomon Oliver, Jr assigned to case. Judge Donald C. Nugent terminated. (C,B) |
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Filing 66
Order granting Motion for reconsideration of reassignment, and withdrawing the 11/2/08 reassignment order. Related Doc #17 , #58 . Signed by Judge Donald C. Nugent on 12/12/08.(C,B)
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| Filing 65 Opposition to #58 Motion for reconsideration of consent to reassignment filed by First Merit Corporation, National City Bank. (Ratliff, Elizabeth) |
| Filing 64 Opposition to #59 Motion to bifurcate Motion for oral argument filed by First Merit Corporation, National City Bank. (Ratliff, Elizabeth) |
| Filing 63 Minutes of proceedings before Judge Donald C. Nugent. Status Conference held on 12/8/2008 and another Status Conference is set for 11:00 a.m. on 3/25/2009 in Chambers 15A before Judge Donald C. Nugent. (Court Reporter: None)Time: 45 min. (B,B) |
| Filing 62 Attorney Appearance by James S. Wertheim filed by on behalf of Union Planters Bank, NA. (Wertheim, James) |
| Filing 61 Motion to dismiss party for lack of personal jurisdiction filed by Defendant English State Bank. Related document(s) #49 . (Attachments: #1 Brief in Support, #2 Affidavit of Samuel E. Eckart)(Anderson, Kathleen) |
| Filing 60 Notice of potential conflict of interest filed by all plaintiffs. (Morris, Daniel) |
| Filing 59 Motion for oral argument on defendant's motion to dismiss filed by Plaintiff Billy Blair. Related document(s) #38 , #24 , #27 , #25 . (Morris, Daniel) Modified docket text on 12/8/2008 (R,N). |
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Order [non-document]granting Plaintiuff's Motion to amend complaint as a matter of course(Related Doc #16 )Judge Donald C. Nugent(R,JM)
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| Filing 58 Motion for reconsideration of consent to reassignment filed by Plaintiff Billy Blair. Related document(s) #17 . (Morris, Daniel) |
| Filing 57 Motion to attend Status Conference by Telephone (December 8, 2008) by telephone filed by Defendant State Street Bank & Trust Company. Related document(s) #39 . (Schueller, Christopher) |
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Order [non-document]granting Motion to dismiss certain Defendants; Dollar Bank Federal Savings Bank; Farmers Bank & Trust Company; Indianapolis Life Insurance Co.; KeyBank, USA NA; Metropolitan Bank; Park National Bank; Richland Trust Company; Wright-Patt Credit Union, Inc.; Bank One and Conesco Annuity Assurance Company (Related Doc #54 )Judge Donald C. Nugent(R,JM)
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Order [non-document]granting Motion to excuse party representatives from the status conference set for 12/8/08. (related Doc #52 )Judge Donald C. Nugent(R,JM) Modified docket text on 12/8/2008 (R,N).
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Order [non-document]granting Defendant State Street Bank and Trust Company's Motion to excuse the party representative from attending the status conference set for 12/8/08. (Related Doc #57 )Judge Donald C. Nugent(R,JM) Modified docket text on 12/8/2008 (R,N).
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Order [non-document]denying as moot as to Defendants Fifth Third Bank N.A. and The Citizens Bank N/K/A Fifth Third BankMotion to dismiss as Notice to the Court that the defendant has withdrawn their motion to dismiss. (Related Doc #36 )Judge Donald C. Nugent(R,JM)
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Order [non-document]granting #32 Motion for Extension of Time to Answer until 12/15/08 as to JPMorgan Chase Bank, Huntington National Bank and Key Bank. Entered on behalf of Judge Donald C. Nugent on 12/5/08 (R,JM) Modified docket text on 12/8/2008 (R,N).
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Order [non-document] granting #56 Motion for Extension of Time to Answer until 12/29/2008 as to State Street Bank & Trust Company. Judge Donald C. Nugent(R,JM) Modified docket text on 12/8/2008 (R,N).
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| Filing 56 Unopposed Motion for extension of time until 12/23/2008 to answer filed by Defendant Dollar Bank Federal Savings Bank. (Yarger, Jonathon) |
| Filing 55 Attorney Appearance by Jonathon M. Yarger filed by on behalf of Dollar Bank Federal Savings Bank. (Yarger, Jonathon) |
| Filing 54 Motion to dismiss party filed by Plaintiff Billy Blair. (Morris, Daniel) |
| Filing 53 Motion to dismiss Amended Complaint filed by Defendant Ohio Savings Bank. Related document(s) #49 . (Lachman, Roy) |
| Filing 52 Joint Motion to attend Status Conference set for 12/8/08, by telephone filed by First Merit Corporation, National City Bank. Related document(s) #39 . (Ratliff, Elizabeth) Modified docket text on 12/5/2008 (R,N). |
| Filing 51 Corporate Disclosure Statement by Fifth Third Bank filed by Fifth Third Bank. (McVoy, Katie) |
| Filing 50 Corporate Disclosure Statement by Ohio Savings Bank filed by Ohio Savings Bank. (Lachman, Roy) |
| Filing 49 First Amended complaint against all defendants, filed by Billy Blair. (Morris, Daniel) |
| Filing 48 Motion to dismiss filed by U.S. Bank National Association. (Attachments: #1 Brief in Support, #2 Exhibit A: Metz Opinion and Order, #3 Exhibit B: Metz Opinion Denying Reconsideration, #4 Exhibit C: Report and Recommendation, #5 Exhibit D: Order adopting Report and Recommendation)(Sullivan, Martha) Modified docket text on 12/5/2008 (R,N). |
| Filing 47 Motion to dismiss and Memorandum in Support filed by Defendant Spencer County Bank. (Attachments: #1 Exhibit A: Declaration of Steve D. Kendall)(Sullivan, Martha) |
| Filing 46 Attorney Appearance by Jay C. Rice filed by on behalf of Saint Therese/SS Peter & Paul Credit Union. (Rice, Jay) |
| Filing 45 Corporate Disclosure Statement by Saint Therese/SS Peter & Paul Credit Union filed by Saint Therese/SS Peter & Paul Credit Union. (Milby, Rosemary) |
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Order [non-document]granting Motion to excuse personal attendance of party representative at status conference set for 12/8/08. (Related Doc #41 )Judge Donald C. Nugent(R,JM) Modified docket text on 12/4/2008 (R,N).
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Order [non-document] granting Motion to excuse personal attendance of party representative at the status conference set for 12/8/08. (Related Doc #40 )Judge Donald C. Nugent(R,JM) Modified docket text on 12/4/2008 (R,N).
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Order [non-document]granting Motion to excuse personal attendance of pary representative at status conference set for 12/8/08. (Related Doc #43 )Judge Donald C. Nugent(R,JM) Modified docket text on 12/4/2008 (R,N).
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Order [non-document]granting Motion to excuse personal attendance of party representative at status conference set for 12/8/08.(Related Doc #44 )Judge Donald C. Nugent(R,JM) Modified docket text on 12/4/2008 (R,N).
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| Filing 44 Motion for Leave to Attend Status Conference scheduled for 12/8/08, by telephone filed by Defendant English State Bank. (Attachments: #1 Proposed Order)(Anderson, Kathleen) Modified docket text on 12/2/2008 (R,N). |
| Filing 43 Motion to attend Status Conference scheduled for 12/8/08, by telephone filed by Defendant Saint Therese/SS Peter & Paul Credit Union. (Burg, Matthew) Modified docket text on 12/1/2008 (R,N). |
| Filing 42 Motion to dismiss Plaintiffs' Amended Complaint filed by Defendant Union Planters Bank, NA. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith-Rivera, Kimberly) |
| Filing 41 Motion to attend Status Conference scheduled for 12/8/08, by telephone filed by Defendant Union Savings Bank. Related document(s) #39 . (McQueen, Karen) Modified docket text on 12/1/2008 (R,N). |
| Filing 40 Motion to attend Status Conference scheduled for 12/8/08, by telephone filed by Defendant Union Planters Bank, NA. Related document(s) #39 . (Smith-Rivera, Kimberly) Modified docket text on 12/1/2008 (R,N). |
| Filing 39 Notice of Hearing Status Conference set for 12/8/2008 at 11:00 AM in Chambers 15A before Judge Donald C. Nugent. (C,B) |
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Order [non-document]granting #35 Motion to Extend Deadlines; re #35 Motion for extension of Time in which to reply to Defendants Motion to Dismiss until December 15, 2008. Judge Donald C. Nugent(R,JM)
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| Filing 38 Motion to dismiss with attached memorandum in support, filed by Citizens Bank, Fifth Third Bank. (Attachments: #1 Exhibit A Metz Complaint, #2 Exhibit B Metz 2d Amended Complaint, #3 Exhibit C Metz Intervener Complaint, #4 Exhibit D Metz March 3 2006 Order, #5 Exhibit E Metz Motion to Intervene, #6 Exhibit F Metz Feb 24 2006 Order, #7 Exhibit G Metz Feb 8 2008 Report, #8 Exhibit H Metz May 5 2008 Order, #9 Exhibit I Metz Feb 27 2006 Order, #10 Exhibit J Metz Sept 16 2008 Order, #11 Appendix of Unreported Cases)(McVoy, Katie) Modified docket text on 11/26/2008 (R,N). |
| Filing 37 Motion to withdraw document Motion to Dismiss #36 filed by Citizens Bank, Fifth Third Bank. (McVoy, Katie) Modified on 11/19/2008, adding link (R,N). |
| Filing 36 Motion to dismiss filed by Fifth Third Bank. (Attachments: #1 Exhibit A Metz Complaint, #2 Exhibit B Metz Second Amended Complaint, #3 Exhibit C Metz Intervener Complaint, #4 Exhibit D Metz March 3, 2006 Order, #5 Exhibit E Metz Feb. 24, 2006 Order, #6 Exhibit F Metz May 7, 2008, #7 Exhibit G Metz Sept. 16, 2008 Order, #8 Appendix Appendix of Unreported Case Citations)(McVoy, Katie) Modified docket text on 12/30/2008 (R,N). |
| Filing 35 Motion for extension of Time in which to reply to Defendants Motion to Dismiss until December 15, 2008 filed by Plaintiff Billy Blair. (Morris, Daniel) |
| Filing 34 Corporate Disclosure Statement by English State Bank filed by English State Bank. (Anderson, Kathleen) |
| Filing 33 Motion for extension of Respond to Plaintiffs' Complaint until 12/29/08 filed by Defendant State Street Bank & Trust Company. Related document(s) #1 . (Schueller, Christopher) |
| Filing 32 Motion for extension of time until 12/15/08 to answer , move, plead, or otherwise respond to complaint filed by Bank One, Huntington National Bank, KeyBank, USA NA. Related document(s) #1 . (Anastos, Thomas) |
| Filing 31 Corporate Disclosure Statement by First Merit Corporation filed by First Merit Corporation. (Ratliff, Elizabeth) |
| Filing 30 Corporate Disclosure Statement by National City Bank, First Merit Corporation filed by National City Bank, First Merit Corporation. (Ratliff, Elizabeth) |
| Filing 29 Corporate Disclosure Statement by Security Bank & Trust Company identifying Other Affiliate Old National Bank for Security Bank & Trust Company. filed by Security Bank & Trust Company. (Berckmueller, Fritz) |
| Filing 28 Corporate Disclosure Statement by Dubois County Bank identifying Other Affiliate Old National Bank for Dubois County Bank. filed by Dubois County Bank. (Berckmueller, Fritz) |
| Filing 27 Motion to dismiss Complaint with attached memorandum in support filed by Security Bank & Trust Company, Dubois County Bank. Related document(s) #1 . (Berckmueller, Fritz) Modified docket text on 11/17/2008 (R,N). |
| Filing 26 Corporate Disclosure Statement by Union Savings Bank filed by Union Savings Bank. (McQueen, Karen) |
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Order [non-document]granting Motion for leave to plead on or before 12/17/08 (Related Doc #20 ) Judge Donald C. Nugent(R,JM) Modified docket text on 11/17/2008 (R,N).
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Order [non-document]granting #19 Motion for Extension of Time to Answer until December 12, 2008 to answer or otherwise respond to Plaintiffs' Complaint. Judge Donald C. Nugent (R,JM)
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Order [non-document]granting Motion for leave to plead on or before 12/5/08 (Related Doc #22 ) Judge Donald C. Nugent(R,JM) Modified docket text on 11/17/2008 (R,N).
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Order [non-document]granting #23 Motion for Extension of Time re #23 to Answer. Judge Donald C. Nugent (R,JM)
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| Filing 25 Motion to dismiss and Memorandum in Support filed by Defendant Saint Therese/SS Peter & Paul Credit Union. Related document(s) #1 , #16 . (Milby, Rosemary) |
| Filing 24 Motion to dismiss By Union Savings Bank and Memorandum In Support filed by Defendant Union Savings Bank. Related document(s) #1 , #16 . (McQueen, Karen) |
| Filing 23 Joint Motion for a 30 day extension of time to Answer filed by Christine Kaiser, James Leonti, Ralph Love, Lawrence McCauliff, Oscar Mehling, Bertha Mynarsky, George Pfeffer, Stella Pointkowski, Hilda Schroeder, Patrick Smith, Billy Blair, Lynn Telling, Deborah Watson, Betty Boone Collins, Connie Fisher, Glen Blair, Juana Chicoine, Frances Clendenin, Parvin Cox, Joseph Enley, Joey Evans, Nancy Garret, James Gogel, Defendant Ohio Savings Bank. (Lachman, Roy) Modified docket text on 11/12/2008 (R,N). |
| Filing 22 Unopposed Motion for Extension of Time to Plead, Move or Otherwise Respond to Plaintiffs' Complaint on or before 12/5/08 filed by First Merit Corporation, National City Bank. Related document(s) #1 . (Ratliff, Elizabeth) Modified docket text on 11/12/2008 (R,N). |
| Filing 21 Corporate Disclosure Statement by Union Planters Bank, NA filed by Union Planters Bank, NA. (Smith-Rivera, Kimberly) |
| Filing 20 Motion for leave to plead on or before 12/17/08 filed by Defendant Union Planters Bank, NA. Related document(s) #1 , #16 . (Smith-Rivera, Kimberly) Modified docket text on 11/12/2008 (R,N). |
| Filing 19 Motion for extension of time until December 12, 2008 to answer or otherwise respond to Plaintiffs' Complaint filed by Defendant English State Bank. (Attachments: #1 Proposed Order)(Anderson, Kathleen) |
| Filing 18 Attorney Appearance by Kathleen M. Anderson filed by on behalf of English State Bank. (Anderson, Kathleen) |
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Filing 17
Order granting Motion to reassign case. Judge Solomon Oliver, Jr removed from case, Judge Donald C. Nugent added to case (Related Doc #11 ). Case Management Conference scheduled on 12/2/2008, at 10:00 a.m. is cancelled. Signed by Judge Solomon Oliver, Jr on 11/4/2008. (D,M)
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| Filing 16 First Motion to amend complaint filed by Plaintiff Billy Blair. (Attachments: #1 Pleading proposed amended complaint)(Morris, Daniel) |
| Filing 15 Return of Service Executed upon Union Savings Bank by Certified U.S. Mail, return receipt requested on 10/24/2008 filed on behalf of all plaintiffs (Morris, Daniel) |
| Filing 14 Return of Service Executed upon Spencer County Bank by Certified U.S. Mail, return receipt requested on 10/23/2008 filed on behalf of all plaintiffs (Morris, Daniel) |
| Filing 13 Return of Service Executed upon English State Bank by Certified U.S. Mail, Return Receipt Requested on 10/24/2008 filed on behalf of all plaintiffs (Morris, Daniel) |
| Filing 12 Waiver of Service Returned Executed by all plaintiffs. Charter One Bank waiver sent on 10/23/2008, answer due 12/22/2008; First National Bank waiver sent on 9/19/2008, answer due 11/18/2008. filed on behalf of all plaintiffs (Morris, Daniel) |
| Filing 11 Motion to reassign case to Judge Donald C. Nugent filed by First National Bank, Spencer County Bank. (Attachments: #1 Exhibit A - Civil Cover Sheet, #2 Exhibit B - Metz Second Amended Class Action Complaint)(Sullivan, Martha) |
| Filing 10 Waiver of Service Returned Executed by all plaintiffs. Bank One waiver sent on 9/17/2008, answer due 11/17/2008; Fifth Third Bank waiver sent on 9/17/2008, answer due 11/17/2008; First Merit Corporation waiver sent on 9/17/2008, answer due 11/17/2008; Huntington National Bank waiver sent on 9/17/2008, answer due 11/17/2008; National City Bank waiver sent on 9/17/2008, answer due 11/17/2008; Ohio Savings Bank waiver sent on 9/17/2008, answer due 11/17/2008; Saint Therese/SS Peter & Paul Credit Union waiver sent on 9/17/2008, answer due 11/17/2008; Security Bank & Trust Company waiver sent on 9/17/2008, answer due 11/17/2008; State Street Bank & Trust Company waiver sent on 9/17/2008, answer due 11/17/2008; Union Planters Bank, NA waiver sent on 9/17/2008, answer due 11/17/2008. filed on behalf of all plaintiffs (Morris, Daniel). Modified docket on 10/24/2008 (R,N). |
| Notice of Hearing [non-document] with case management conference rescheduled on 12/2/2008, at 10:00 AM at Chambers 17A before Judge Solomon Oliver Jr. (D,M) |
| Filing 9 Attorney Appearance by Rosemary Taft Milby and Matthew G. Burg filed by on behalf of Saint Therese/SS Peter & Paul Credit Union. (Milby, Rosemary) |
| Filing 8 Motion for extension of to perfect service until 11/16/2008 filed by Plaintiff Billy Blair. (Morris, Daniel) |
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Order [non-document] granting #8 Plaintiff's motion for extension of time to perfect service until 10/31/2008. Case Management Conference scheduled for 10/15/2008, is cancelled. Approved by Judge Solomon Oliver, Jr on 9/10/2008.(D,M)
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Filing 7
Case Management Conference Scheduling Order with case management conference to be held on 10/15/2008 at 2:30 PM at Chambers 17A before Judge Solomon Oliver Jr. Signed by Judge Solomon Oliver, Jr on 9/9/2008. (D,M)
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| Filing 6 Summons and Magistrate Consent Form issued for service upon Citizens Bank, Charter One Bank, English State Bank, Fifth Third Bank, First Merit Corporation, Huntington National Bank, National City Bank, Ohio Savings Bank, Saint Therese/SS Peter & Paul Credit Union, Security Bank & Trust Company, Spencer County Bank, State Street Bank & Trust Company, Union Planters Bank, NA, Union Savings Bank. (Attachments: #1 Magistrate Consent Form) (R,N) |
| Filing 5 Praecipe for issuance of original summonses. filed by all plaintiffs. Related document(s) #1 . (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(Morris, Daniel) |
| Filing 4 Civil Cover Sheet to #1 Complaint filed by all plaintiffs. (Morris, Daniel). Modified docket text and rotated document on 7/10/2008 (R,N). |
| Filing 3 Notice of Magistrate Consent form (D,M) |
| Filing 2 Magistrate Consent Form issued to counsel. No summons provided, no summons issued. (C,BA) |
| Judge Solomon Oliver, Jr assigned to case. (C,BA) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge White. (C,BA) |
| Filing 1 Complaint with jury demand against all defendants. Filing fee $ 350, receipt number 06470000000002967421, filed by Juana Chicoine. (Attachments: #1 Civil Cover Sheet) (Morris, Daniel) |
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