Toldy v. Fifth Third Mortgage Company et al
Plaintiff: Stephan S. Toldy
Defendant: Fifth Third Mortgage Company and Vista Settlement Services, LLC
Petitioner: Patrick Powers and Jill Powers
Interested Party: Empire Title Services, Inc.
Case Number: 1:2009cv00377
Filed: February 18, 2009
Court: US District Court for the Northern District of Ohio
Office: Other Statutory Actions Office
County: Cuyahoga
Presiding Judge: Lesley Wells
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 17, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 17, 2012 Opinion or Order Filing 91 Order of Case Dismissal re #90 , w/prejudice. Judge Lesley Wells (C,KA)
January 6, 2012 Filing 90 Proposed Stipulation of Dismissal filed by Fifth Third Mortgage Company, Stephan S. Toldy, Vista Settlement Services, LLC. (Parker, John) Modified text on 1/6/2012 (B,B).
December 29, 2011 Filing 89 Appeal Order from USCA for the Sixth Circuit: Denying the petition for permission to appeal (USCA# 11-0307). Circuit Judges: Martin and Sutton, District Judge: Forester. Date issued by USCA 12/27/11 (H,SP)
October 3, 2011 Filing 88 Trial Order. Trial set for 4/2/2012 at 09:00 AM and Final Pretrial Conference set for 3/6/2012 at 02:30 PM, all in Courtroom 328 before Judge Lesley Wells. (C,KA)
September 30, 2011 Opinion or Order Filing 87 Memorandum and Order denying Plaintiff's Objections, #76 Adopting Report and Recommendation #57 and denying Plaintiff's Motion for class certification. Signed by Judge Lesley Wells on 9/30/11. (K,K)
September 13, 2011 Opinion or Order Order [non-document]Granting Defendant's Motion to strike Plaintiff's Proposed Trial Plan (ECF #83).(Related Doc #84 ). Judge Lesley Wells on 9/13/2011.(C,LS)
September 6, 2011 Filing 86 Reply to response to #84 Motion to strike Plaintiff's Proposed Trial Plan filed by All Defendants. (Parker, John)
September 1, 2011 Filing 85 Opposition to #84 Motion to strike Plaintiff's Proposed Trial Plan filed by Stephan S. Toldy. (DeRoche, James)
August 25, 2011 Filing 84 Motion to strike Plaintiff's Proposed Trial Plan filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. Related document(s) #83 . (Parker, John)
August 24, 2011 Filing 83 Proposed Trial Plan filed by Stephan S. Toldy. (Attachments: #1 Exhibit A - Dahl Declaration, #2 Exhibit B - Example Claim Form, #3 Exhibit C - Example Admin. Reports, #4 Exhibit D - Proposed Claim Form)(DeRoche, James) Modified text on 8/24/2011 (B,B).
July 5, 2011 Filing 82 Reply Memorandum in Support of Objection to Magistrate's Report and Recommendation (oral hearing requested) filed by Stephan S. Toldy. Related document(s) #77 , #81 . (DeRoche, James) Modified text on 7/5/2011 (B,B).
June 21, 2011 Filing 81 Response to Plaintiff's Brief in Support of Objections to Magistrate's Report filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. Related document(s) #76 , #77 . (Parker, John) Modified to create an additional link on 6/22/2011 (B,B).
June 8, 2011 Filing 80 Notice of Service of Exhibits 2 through 6 to Plaintiff's Brief in Support of Objection to Magistrate's Report filed by Stephan S. Toldy. (DeRoche, James)
June 7, 2011 Filing 79 SEALED Document:Exhibits 4, 5 and 6 to Plaintiff's Brief in Support of Objection to Magistrate's Report and Recommendation filed by Stephan S. Toldy. Related document(s) #56 , #77 . (Attachments: #1 Exhibit 4-2, #2 Exhibit 5, #3 Exhibit 6)(DeRoche, James)
June 7, 2011 Filing 78 SEALED Document:Exhibits 2 & 3 to Plaintiff's Objection to Magistrate's Report and Recommendation filed by Stephan S. Toldy. Related document(s) #56 , #77 . (Attachments: #1 Exhibit 3-1, #2 Exhibit 3-2)(DeRoche, James)
June 7, 2011 Filing 77 Objection to Report and Recommendation filed by Stephan S. Toldy. Related document(s) #76 . (Attachments: #1 Brief in Support, #2 Exhibit 1) (DeRoche, James)
May 24, 2011 Filing 76 Report and Recommendation that plaintiff's motion to certify a class be denied (Related Doc #57 ). Objections to R&R due by 6/7/2011. Motion Referral Terminated (Related Doc #74 ). Signed by Magistrate Judge William H. Baughman, Jr. on 5/24/2011. (S,G)
April 7, 2011 Opinion or Order Order [non-document] denying defendants' Motion for leave to file a surreply in opposition to plaintiff's motion to certify class (Related Doc #73 ). Entered on behalf of Magistrate Judge William H. Baughman, Jr. on 04/07/2011. (S,G)
February 8, 2011 Filing 75 Opposition to #73 Motion for leave to File Surreply filed by Stephan S. Toldy. (DeRoche, James)
February 4, 2011 Opinion or Order Filing 74 Order referring #57 Motion for class certification filed by Stephan S. Toldy to Magistrate Judge William H. Baughman, Jr for report and recommendation. Signed by Judge Lesley Wells on 2/4/11. (K,K)
January 31, 2011 Filing 73 Motion for leave to File Surreply filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Attachments: #1 Exhibit 1 - Pettrey Memorandum in Support of Motion for Partial Reconsideration, #2 Exhibit 2 - Discovery Responses)(Parker, John) Modified text on 2/1/2011 (B,B).
January 18, 2011 Filing 72 SEALED Document: Exhibit 6 to Reply Memorandum, filed by Stephan S. Toldy (Related document(s) #56 , #67 ) (DeRoche, James). Modified text on 1/19/2011 (H,SP).
January 18, 2011 Filing 71 Notice of Service of exhibits 1 through 10 to his reply memorandum in support of motion for class certification on 1/17/2011 filed by Stephan S. Toldy. (DeRoche, James) Modified text on 1/18/2011 (B,B).
January 18, 2011 Filing 70 Declaration of James A. DeRoche filed by Stephan S. Toldy. Related document(s) #67 . (DeRoche, James) Modified text on 1/18/2011 (B,B).
January 17, 2011 Filing 69 SEALED Document: Exhibits 7, 9 and 10 to Reply Memorandum, filed by Stephan S. Toldy (Related document(s) #56 , #67 ). (Attachments: #1 Exhibit, #2 Exhibit) (DeRoche, James). Modified text on 1/19/2011 (H,SP).
January 17, 2011 Filing 68 SEALED Document: Exhibits 2 through 5 to Reply Memorandum, filed by Stephan S. Toldy (Related document(s) #56 , #67 ). (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5) (DeRoche, James). Modified text on 1/19/2011 (H,SP).
January 17, 2011 Filing 67 Reply Memorandum In Support of #57 Motion for class certification filed by Stephan S. Toldy. (Attachments: #1 Exhibit 1, #2 Exhibit 8)(DeRoche, James)
January 14, 2011 Opinion or Order Order [non-document]Granting Plaintiff's Unopposed Motion for leave to file reply memorandum in excess of page limit. (Related Doc #66 ). Judge Lesley Wells on 1/14/2011.(C,LS)
January 13, 2011 Filing 66 Unopposed Motion for leave to file Reply Memorandum Supporting Class Certification in Excess of Page Limit filed by Plaintiff Stephan S. Toldy. (DeRoche, James)
January 5, 2011 Filing 65 Unopposed Motion for extension of Deadline for Filing Plaintiff's Reply Memorandum in Support of Motion for Class Certification until January 17, 2011 filed by Plaintiff Stephan S. Toldy. (DeRoche, James)
January 5, 2011 Opinion or Order Order [non-document]Granting Unopposed Motion for an extension of Deadline for Filing Plaintiff's Reply Memorandum in Support of Motion for Class Certification until January 17, 2011. Judge Lesley Wells on 1/5/2011. (Related doc #65 ) (C,LS) Modified text on 1/5/2011 (B,B).
January 4, 2011 Opinion or Order Order [non-document]Denying Empire Title Services, Inc.'s Motion to reassign case No. 1:10cv2208. (Related Doc #59 ). Judge Lesley Wells on 1/4/2010.(C,LS) Modified text on 1/4/2011 (B,B).
December 22, 2010 Filing 64 Notice to Correct the Record filed by All Defendants. (Attachments: #1 Exhibit 1 (Rheinlander Deposition), #2 Exhibit 2 (Rheinlander Declaration))(Parker, John) Modified text on 12/23/2010 (B,B).
December 22, 2010 Filing 63 Opposition to #57 Motion for class certification filed by All Defendants. (Attachments: #1 Appendix of Exhibits and Exhibit 1 (Scott Declaration), #2 Exhibit 2 (Scott Deposition), #3 Exhibit 3 (Ulrich Deposition), #4 Exhibit 4 (Schaefer Declaration), #5 Exhibit 5 (Speros Declaration), #6 Exhibit 5-A-1 (Report 1of10), #7 Exhibit 5-A-2 (Report 2of10), #8 Exhibit 5-A-3 (Report 3of10), #9 Exhibit 5-A-4 (Report 4of10), #10 Exhibit 5-A-5 (Report 5of10), #11 Exhibit 5-A-6 (Report 6of10), #12 Exhibit 5-A-7 (Report 7of10), #13 Exhibit 5-A-8 (Report 8of10), #14 Exhibit 5-A-9 (Report 9of10), #15 Exhibit 5-A-10 (Report 10of10), #16 Exhibit 6 (Toldy Deposition), #17 Exhibit 7 (HUD-1), #18 Exhibit 8 (Artwell Deposition), #19 Exhibit 9 (Unreported Cases))(Parker, John) Modified on 12/23/2010 (B,B).
December 17, 2010 Opinion or Order Order [non-document] Granting Consented Motion for leave to file opposition brief in excess of page limit. (Related Doc #62 ) Judge Lesley Wells on 12/17/2010.(C,LS)
December 14, 2010 Filing 62 Consent Motion for leave to file Opposition in Excess of Page Limit filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC, Plaintiff Stephan S. Toldy. (Reece, Lora)
December 10, 2010 Filing 61 Reply to response to #59 Motion to reassign case to Judge Wells filed by Empire Title Services, Inc.. (Gordon, Richard) Modified text on 12/10/2010 (B,B).
November 30, 2010 Filing 60 Opposition to #59 Motion to reassign case No. 1:10cv2208 (The Empire Title Case) to Judge Wells filed by All Defendants. (Attachments: #1 Exhibit A)(Reece, Lora); (by s/John D. Parker) Modified text on 11/30/2010 (B,B).
November 29, 2010 Notice to Attorney William K. Meyer. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, please apply for admission or file a motion to be admitted pro hac vice within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, file a motion to withdraw as attorney pursuant to LR 83.9 within 10 business days. Related document(s) #59 . (P,G)
November 23, 2010 Filing 59 Motion to reassign case No. 1:10cv2208 to Judge Wells. filed by Empire Title Services, Inc.. (Carney, Benjamin) Modified text on 11/24/2010 (B,B).
November 10, 2010 Filing 58 SEALED Document:Exhibit 5 and 6 filed by Stephan S. Toldy. Related document(s) #56 , #57 . (Attachments: #1 Exhibit 6)(DeRoche, James)
November 10, 2010 Filing 57 Motion for class certification filed by Plaintiff Stephan S. Toldy. Related document(s) #56 . (Attachments: #1 Brief in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)(DeRoche, James)
October 5, 2010 Filing 56 Protective Order (related doc #55 ). Judge Lesley Wells (C,KA)
October 1, 2010 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (K,K)
September 20, 2010 Filing 55 Joint Motion for Entry of Stipulated Protective Order filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC, Plaintiff Stephan S. Toldy. (Parker, John)
September 9, 2010 Filing 54 Attorney Appearance of Brett A. Wall by Lora M. Reece filed by on behalf of All Defendants. (Reece, Lora)
July 29, 2010 Opinion or Order Order [non-document]moot Defendants' Motion for order (Related Doc #51 ). Judge Lesley Wells on 7/29/10.(JMM) Modified text on 7/29/2010 (B,B).
July 27, 2010 Opinion or Order Filing 53 Scheduling Order. Discovery due by 10/25/2010. Motion for class certification due 11/10/10; response due 12/22/10 and reply 1/10/11. Judge Lesley Wells (C,KA)
July 27, 2010 Minutes of proceedings [non-document] before Judge Lesley Wells.Telephone Conference held on 7/27/10. Participants included Glenn D. Feagan for the plaintiff and John D. Parker for the defendants. (JMM)
July 19, 2010 Opinion or Order Order [non-document]moot Plaintiff's Motion for conference.(Related Doc #50 ). Judge Lesley Wells on 7/19/2010.(JMM) Modified text on 7/21/2010 (B,B).
July 19, 2010 Opinion or Order Order [non-document]denying as premature Motion for class certification (Related Doc #49 ). Plaintiff may refile in accordance with the schedule to be set at the upcoming telephone conference. Judge Lesley Wells on 7/19/2010.(JMM)
July 16, 2010 Filing 52 Opposition to #51 Motion for Order Staying Class Proceedings and for Extension of Time, Pending the Scheduling of a Pretrial Conference and the Entry of a Scheduling Order filed by Stephan S. Toldy. (DeRoche, James)
July 16, 2010 Notice [Non Document] of a Telephonic Status Conference set for 7/27/2010 at 10:30 AM. The Court will initiate the conference call. (C,LS)
July 13, 2010 Filing 51 Motion for Order Staying Class Proceedings and for Extension of Time, Pending the Scheduling of a Pretrial Conference and the Entry of a Scheduling Order filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Parker, John)
July 12, 2010 Filing 50 Motion for status conference filed by Plaintiff Stephan S. Toldy. (DeRoche, James) Modified text on 7/13/2010 (B,B).
July 9, 2010 Filing 49 Motion for class certification filed by Plaintiff Stephan S. Toldy. (Attachments: #1 Brief in Support)(DeRoche, James)
June 29, 2010 Filing 48 Memorandum Opinion and Order denying defendants' Motion for summary judgment (Related Doc #21 ). Judge Lesley Wells(C,KA)
June 29, 2010 Filing 47 Memorandum Opinion and Order denying non parties Jill and Patrick Powers' Motion to intervene as a party. (Related Doc #28 ); denying their Motion to strike as moot (Related Doc #29 ). Judge Lesley Wells(C,KA)
April 15, 2010 Filing 46 Reply to Notice of Supplemental Authority filed by Stephan S. Toldy. Related document(s) #21 , #45 .(DeRoche, James) Modified text and links on 4/15/2010 (B,B).
March 30, 2010 Filing 45 Notice of Submission of Supplemental Authority filed by All Defendants. (Attachments: #1 Exhibit McCullough Opinion)Related document(s) #21 .(Parker, John)
March 19, 2010 Opinion or Order Order [non-document]. Fifth Third Mortgage Company's and Vista Settlement Services, LLC's Motion to Strike is Moot. (Related Doc #43 ) Judge Lesley Wells on 3/19/2010.(C,LS) Modified text on 3/19/2010 (B,B).
March 19, 2010 Opinion or Order Order [non-document]Denying Plaintiff's motion for leave to file sur-reply.(Related Doc #35 ). Judge Lesley Wells on 3/19/2010.(C,LS)
March 19, 2010 Opinion or Order Order [non-document]Denying Plaintiff's Motion for oral argument. (Related Doc #42 )Judge Lesley Wells on 3/19/2010.(C,LS)
February 16, 2010 Filing 44 Opposition to #43 Motion to strike filed by Stephan S. Toldy. (Attachments: #1 Exhibit)(DeRoche, James)
February 1, 2010 Filing 43 Combined Motion to strike and Opposition to #42 Motion for oral argument filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Attachments: #1 Exhibit 1 (HUD-1), #2 Exhibit 2 (Instructions))(Parker, John) Modified text on 2/2/2010 (B,B).
January 13, 2010 Filing 42 Motion for oral argument filed by Plaintiff Stephan S. Toldy. Related document(s) #21 . (DeRoche, James)
December 21, 2009 Filing 41 Reply to response to #29 Motion to strike Portions of Defendants Summary Judgment Motion filed by Jill Powers, Patrick Powers. (Smith, Cyril); by (s/Edward G. Kramer) Modified text on 12/23/2009 (B,B).
December 21, 2009 Filing 40 Reply to response to #28 Motion to intervene as a party for a Limited Purpose filed by Jill Powers, Patrick Powers. (Smith, Cyril); by (s/Edward G. Kramer) Modified text on 12/23/2009 (B,B).
December 21, 2009 Filing 39 FILING ERROR - WRONG DOCUMENT UPLOADED - ATTORNEY TO REFILE - Reply to response to #29 Motion to strike Portions of Defendants Summary Judgment Motion, Memorandum In Support of #29 Motion to strike Portions of Defendants Summary Judgment Motion filed by Jill Powers, Patrick Powers. (Smith, Cyril) Modified text on 12/21/2009 (M,TL).
December 21, 2009 Filing 38 Unsigned Attorney Appearance filed by Benjamin H. Carney on behalf of Jill Powers, Patrick Powers. (Carney, Benjamin) Modified text on 12/23/2009 (B,B).
December 16, 2009 Filing 37 Unsigned Attorney Appearance filed by Cyril V. Smith, III on behalf of Jill Powers, Patrick Powers. (Smith, Cyril) Modified text on 12/16/2009 (B,B).
December 14, 2009 Filing 36 Reply to response to #28 Jill Powers' and Patrick Powers' Motion to intervene as a party for a Limited Purpose filed by Stephan S. Toldy. (DeRoche, James) Modified text on 12/15/2009 (B,B).
December 14, 2009 Filing 35 Motion for leave to File Sur-Reply Memorandum filed by Plaintiff Stephan S. Toldy. (Attachments: #1 Exhibit)(DeRoche, James)
December 11, 2009 Opinion or Order Order [non-document]Granting Motion for appearance pro hac vice. Attorney Jennifer Nagle is added as counsel for Fifth Third Mortgage Company and Visa Settlement Services, LLC. (Related Doc #32 ) Judge Lesley Wells on 12/11/2009.(C,LS)
December 10, 2009 Filing 34 Opposition to #29 Jill Powers' and Patrick Powers' Motion to strike Portions of Defendants Summary Judgment Motion filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Attachments: #1 Affidavit of Lora M. Reece)(Freidel, Irene) Modified text on 12/11/2009 (B,B).
December 10, 2009 Filing 33 Opposition to #28 Motion to intervene as a party for a Limited Purpose filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Freidel, Irene)
December 10, 2009 Filing 32 Motion for attorney Jennifer Janeira Nagle to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-3869969, filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Attachments: #1 Affidavit)(Parker, John)
December 4, 2009 Filing 31 Reply to response to #21 Motion for summary judgment filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Attachments: #1 Exhibit 1 (Robinson), #2 Exhibit 2 (Rheinlander Deposition))(Parker, John) Modified text on 12/7/2009 (B,B).
November 30, 2009 Opinion or Order Order [non-document]Granting Joint Motion for an Extension of time until December 4, 2009 to File Reply Brief, and to File Brief in Excess of Page Limit. (Related Doc. #30 ) Judge Lesley Wells on 11/30/2009.(C,LS)
November 25, 2009 Filing 30 Joint Motion for extension of time until December 4, 2009 to File Reply Brief, and to File Brief in Excess of Page Limit filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC, Plaintiff Stephan S. Toldy. (Parker, John)
November 25, 2009 Notice to Attorney Cyril V. Smith. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, please apply for admission or file a motion to be admitted pro hac vice within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, file a motion to withdraw as attorney pursuant to LR 83.9 within 10 business days. (P,G)
November 23, 2009 Filing 29 Motion to strike Portions of Defendants Summary Judgment Motion filed by Movant Jill Powers and Patrick Powers. Related document(s) #21 . (Attachments: #1 Brief in Support)(Oakley, David) Modified text on 11/24/2009 (B,B).
November 23, 2009 Filing 28 Motion to intervene as a party for a Limited Purpose filed by Movant Jill Powers and Patrick Powers. (Attachments: #1 Brief in Support)(Oakley, David) Modified text on 11/24/2009 (B,B).
November 17, 2009 Opinion or Order Order [non-document]Granting Plaintiff's Unopposed Motion for leave to file memorandum opposing summary judgment in excess of page limit. (Related Doc #25 )Judge Lesley Wells on 11/17/2009.(C,LS) Modified text on 11/19/2009 (B,B).
November 11, 2009 Filing 27 Opposition to #21 Motion for summary judgment filed by Stephan S. Toldy. (Attachments: #1 Appendix, #2 Appendix, #3 Appendix, #4 Appendix, #5 Appendix, #6 Appendix, #7 Exhibit, #8 Exhibit, #9 Exhibit)(DeRoche, James)
November 6, 2009 Filing 26 Notice of Withdrawal of Counsel filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Parker, John)
November 5, 2009 Filing 25 Unopposed Motion for leave to File Memorandum Opposing Summary Judgment in Excess of Page Limit filed by Plaintiff Stephan S. Toldy. (DeRoche, James)
October 15, 2009 Filing 24 Motion for Order Seeking Leave to Substitute Affidavit of Naoka E. Carey in Support of Motion for Leave to Appear Pro Hac Vice filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. Related document(s) #19 . (Attachments: #1 Affidavit of Naoka Carey)(Parker, John) Modified text on 10/16/2009 (B,B).
October 15, 2009 Filing 23 Motion for Order Seeking Leave to Substitute Affidavit of Irene C. Freidel in Support of Motion for Leave to Appear Pro Hac Vice filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. Related document(s) #20 . (Attachments: #1 Affidavit of Irene Freidel)(Parker, John) Modified text on 10/16/2009 (B,B).
October 15, 2009 Opinion or Order Order [non-document] Granting Motion to Substitute Affidavit. (Related Doc. #23 ) and Order (non-document) Granting Motion for appearance pro hac vice; Irene C. Freidel is added as counsel for defendants. (Related Doc #20 ). Judge Lesley Wells on 10/15/2009.(C,LS)
October 15, 2009 Opinion or Order Order [non-document]Granting Motion to Substitute Affidavit. (Related Doc. #24 ) and Order (non-document) Granting Motion for appearance pro hac vice; Attorney Naoka E. Carey is added as counsel for defendants. (Related Doc. #19 )Judge Lesley Wells on 10/15/2009.(C,LS)
October 14, 2009 Filing 22 Unopposed Motion for extension of time until 11/11/2009 to File Memorandum Opposing Summary Judgement filed by Plaintiff Stephan S. Toldy. (DeRoche, James)
October 14, 2009 Opinion or Order Order [non-document]Granting Plaintiff's Unopposed Motion for Extension of Time until 11/11/2009 to File Memorandum Opposing Summary Judgment. (Related Doc. #22 ) Judge Lesley Wells on 10/14/2009.(C,LS) Modified text on 10/15/2009 (B,B).
September 28, 2009 Filing 21 Motion for summary judgment filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Declaration of Ed Hensley, #3 Exhibit B - Declaration of Keith Rheinlander, #4 Exhibit C - Rheinlander Deposition Excerpts, #5 Exhibit D - Vista's Responses to Plaintiff's First Set of Interrogatory Requests, #6 Exhibit E - Fifth Third Mortgage's Supplementary Response to Plaintiff's First Set of Interrogatory Requests, #7 Exhibit F - Artwell Deposition Excerpts, #8 Exhibit G - Toldy's Responses to Defendants' First Requests for Admissions, #9 Exhibit H - HUD Policy Statement on Sham Controlled Business Arrangements, #10 Exhibit I - Disclosure Acknowledgement Forms Executed by Toldy)(Parker, John) Modified text on 9/30/2009 (B,B).
September 21, 2009 Filing 20 Motion for attorney Irene C. Freidel to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-3744742, filed by Defendant Fifth Third Mortgage Company. (Parker, John)
September 21, 2009 Filing 19 Motion for attorney Naoka E. Carey to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-3744688, filed by Defendant Fifth Third Mortgage Company. (Parker, John)
September 21, 2009 Opinion or Order Order [non-document]granting Defendants' Unopposed Motion for leave to File Motion for Summary Judgment in Excess of Page Limit (Related Doc #17 ). Judge Lesley Wells on 9/21/2009.(D,JA)
September 18, 2009 Opinion or Order Order [non-document]Granting Unopposed Motion for a 7 day extension of time until 28 September 2009 for dispositive motion deadline. (Related Doc. #18) Judge Lesley Wells(C,LS)
September 17, 2009 Filing 18 Unopposed Motion for extension of Dispositive Motion Deadline until September 28, 2009 filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Parker, John)
September 15, 2009 Filing 17 Unopposed Motion for leave to File Motion for Summary Judgment in Excess of Page Limit filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Parker, John)
September 15, 2009 Filing 16 Third Party Motion to reassign case to Judge Leslie Brooks Wells filed by Movant Jill Powers. (Oakley, David)
August 27, 2009 Opinion or Order Order [non-document] Granting Fifth Third Mortgage Company's and Vista Settlement Services, LLC's Unopposed Motion for extension of time until 9/21/2009 to file dispositive motions. Judge Lesley Wells on 8/27/09 (Related doc #15 ) (C,LS) Modifie text on 8/31/2009 (B,B).
August 25, 2009 Filing 15 Unopposed Motion for extension of Dispositive Motion Deadline until September 21, 2009 filed by Defendant Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Parker, John) Modified text on 8/27/2009 (B,B).
May 22, 2009 Opinion or Order Filing 14 Case Management Conference Plan/Order. Case is assigned to the standard track. Parties will exchange initial disclosures by 5/22/2009. Parties to be Joined and Pleading Amendments due by 8/3/2009. Telephonic status conference will be set 10 days after Court's determination on dispositive orders. Fact Discovery due by 7/31/2009. Dispositive Motions due by 8/31/2009. Signed by Judge Lesley Wells on 5/22/2009. (B,B)
May 21, 2009 Minutes of proceedings [non-document] before Judge Lesley Wells.Case Management Conference held on 5/21/2009 with counsel Glenn Feagan, James DeRoche, and John Parker. (D,JA)
May 7, 2009 Filing 13 Report of Parties' Planning Meeting. Parties do not consent to this case being assigned to the magistrate judge, filed by all parties. (DeRoche, James)
April 30, 2009 Opinion or Order Filing 12 Marginal Entry Order granting Fifth Third Mortgage Company's and Vista Settlement Services, LLC's Motion to excuse appearance of their representatives at the case management conference. Signed by Judge Lesley Wells on 4/30/2009.(Related Doc #10 )(B,B) Modified text on 5/1/2009 (B,B).
April 30, 2009 Opinion or Order Filing 11 Marginal Entry Order granting Stephan S. Toldy's Motion to excuse appearance at case management conference. Signed by Judge Lesley Wells on 4/30/2009.(Related doc #9 )(B,B)
April 24, 2009 Filing 10 Unopposed Motion to excuse appearance at Case Managment Conference filed by Fifth Third Mortgage Company, Vista Settlement Services, LLC. (Parker, John)
April 24, 2009 Filing 9 Motion to excuse appearance at Case Managment Conference filed by Plaintiff Stephan S. Toldy. (DeRoche, James)
April 21, 2009 Filing 8 Case Management Conference Scheduling Order. A case management conference will be held on 5/21/2009 at 10:30 AM at Chambers 328 before Judge Lesley Wells. (NOTE LOCATION: CHAMBERS OF JUDGE LESLEY WELLS, 328 METZENBAUM UNITED STATES COURT HOUSE, 201 SUPERIOR AVENUE, CLEVELAND) Judge Lesley Wells on 4/21/2009. (C,LS)
April 10, 2009 Filing 7 Answer to #1 Complaint, with Jury Demand filed by Fifth Third Mortgage Company. (Parker, John)
March 10, 2009 Opinion or Order Order [non-document]Granting Defendants Fifth Third Mortgage Company and Vista Settlement Services, LLC's Unopposed Motion for extension of time until April 10, 2009 to answer. (Related Doc. #4). Judge Lesley Wells on 3/10/2009(C,LS)
March 5, 2009 Filing 6 Corporate Disclosure Statement by Vista Settlement Services, LLC identifying Corporate Parent Fifth Third Bancorp for Vista Settlement Services, LLC. filed by Vista Settlement Services, LLC. (Parker, John)
March 5, 2009 Filing 5 Corporate Disclosure Statement by Fifth Third Mortgage Company identifying Corporate Parent Fifth Third Bancorp for Fifth Third Mortgage Company. filed by Fifth Third Mortgage Company. (Parker, John)
March 5, 2009 Filing 4 Unopposed Motion for extension of time until April 10, 2009 to answer (filed by Defendants) filed by Defendant Fifth Third Mortgage Company. Related document(s) #1 . (Parker, John)
March 5, 2009 Filing 3 Attorney Appearance of John D. Parker, Lora M. Reece and David F. Proano by John D. Parker filed by on behalf of all defendants. (Parker, John)
February 19, 2009 Filing 2 Summons and Magistrate Consent Form issued to counsel for service upon Fifth Third Mortgage Company & Vista Settlement Services, LLC. (Attachments: #1 Summons for Fifth Third Mortgage Company, #2 Summons for Vista Settlement Services) (C,BA)
February 18, 2009 Filing 1 Complaint with jury demand against all defendants. Filing fee $ 350, receipt number 06470000000003427799, filed by Stephan S. Toldy. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Attachment with Attorney names, #3 Summons Fifth Third Mortgage Company, #4 Summons Vista Settlement Services, LLC) (DeRoche, James)
February 18, 2009 Judge Lesley Wells assigned to case. (C,BA)
February 18, 2009 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Gallas. (C,BA)

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Search for this case: Toldy v. Fifth Third Mortgage Company et al
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Plaintiff: Stephan S. Toldy
Represented By: Glenn D. Feagan
Represented By: James A. DeRoche
Represented By: David H. Krause
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Petitioner: Patrick Powers
Represented By: David G. Oakley
Represented By: Cyril V. Smith, III
Represented By: Edward G. Kramer
Represented By: Benjamin H. Carney
Represented By: Richard S. Gordon
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Petitioner: Jill Powers
Represented By: David G. Oakley
Represented By: Cyril V. Smith, III
Represented By: Edward G. Kramer
Represented By: Benjamin H. Carney
Represented By: Richard S. Gordon
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Defendant: Fifth Third Mortgage Company
Represented By: John D. Parker
Represented By: Naoka E. Carey
Represented By: Brett A. Wall
Represented By: David F. Proano
Represented By: Irene C. Freidel
Represented By: Jennifer J. Nagle
Represented By: Lora M. Reece
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Defendant: Vista Settlement Services, LLC
Represented By: John D. Parker
Represented By: Naoka E. Carey
Represented By: Brett A. Wall
Represented By: David F. Proano
Represented By: Irene C. Freidel
Represented By: Jennifer J. Nagle
Represented By: Lora M. Reece
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Interested party: Empire Title Services, Inc.
Represented By: David G. Oakley
Represented By: Cyril V. Smith, III
Represented By: William K. Meyer
Represented By: Edward G. Kramer
Represented By: Benjamin H. Carney
Represented By: Richard S. Gordon
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