Sindell, et al., v. Fifth Third Bank, et al.,
Plaintiff: Rachel Sindell and Steven Sindell
Defendant: Select Portfolio Servicing, Inc. and Fifth Third Bank
Case Number: 1:2018cv00479
Filed: March 1, 2018
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Solomon Oliver
Nature of Suit: Negotiable Instrument
Cause of Action: 15 U.S.C. ยง 1601
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 24, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 24, 2019 Opinion or Order Filing 13 Order. The court grants Defendant Fifth Third's Motion to Dismiss (ECF No. 5) and Defendant Select Portfolio Servicing, Inc.'s Motion to Dismiss (ECF No. 6). Without a predicate act, Plaintiffs fail to state a RICO or OCPA claim. Plaintiffs' RICO and OCPA claims are dismissed against both Defendants.(Related Documents #5 , #6 ). Signed by Judge Solomon Oliver, Jr. on 1/24/2019.(R,Sh)
July 31, 2018 Opinion or Order Filing 12 Minute Order of Telephone Conference held on 7/31/2018. After discussion with counsel, the court concluded that it would not enter a scheduling order at this time, but would rule on the pending Motions toDismiss (ECF Nos. 56) first. After ruling on the pending Motions to Dismiss, if there are remaining claims, the court will schedule a Case Management Conference. Signed by Judge Solomon Oliver, Jr. on 7/31/2018. Time: 20 minutes(R,Sh)
July 24, 2018 Filing 11 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Fifth Third Bank. (Lewis, Patrick)
June 29, 2018 IMPORTANT: Notice [non-document] of Telephonic Case Management Conference with case management conference to be held on 7/31/2018 at 11:30 AM telephonically before Judge Solomon Oliver Jr. Counsel only shall attend. The court will provide the dial-in information via separate e-mail. (R,Sh) Modified text on 6/29/2018 (R,Sh).
April 17, 2018 Filing 10 Reply in support of #6 Motion to dismiss for failure to state a claim filed by Select Portfolio Servicing, Inc. (Wallace, David)
April 16, 2018 Filing 9 Reply in support of #5 Motion to dismiss for failure to state a claim filed by Fifth Third Bank. (Lewis, Patrick)
April 3, 2018 Filing 8 Memorandum in Opposition to #6 Motion to dismiss for failure to state a claim of defendant Select Portfolio Servicing, Inc. filed by All Plaintiffs. (Cook, Gary)
April 2, 2018 Filing 7 Opposition to #5 Motion to dismiss for failure to state a claim of Defendant Fifth Third Bank filed by All Plaintiffs. (Cook, Gary)
March 8, 2018 Filing 6 Motion to dismiss for failure to state a claim filed by Defendant Select Portfolio Servicing, Inc. Related document(s) #1 . (Attachments: #1 Exhibit A-Hello Letter)(Wallace, David)
March 8, 2018 Filing 5 Motion to dismiss for failure to state a claim filed by Defendant Fifth Third Bank. (Attachments: #1 Memorandum in Support )(Lewis, Patrick)
March 2, 2018 Filing 4 Corporate Disclosure Statement filed by Select Portfolio Servicing, Inc.. (Cadieux, Karen)
March 1, 2018 Filing 3 Corporate Disclosure Statement identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank filed by Fifth Third Bank. (Lewis, Patrick)
March 1, 2018 Filing 2 Magistrate Consent Form issued. (W,Jo)
March 1, 2018 Filing 1 Notice of Removal from Cuyahoga County Common Pleas Court, case number 18-CV-892146 with jury demand, Filing fee paid $ 400, receipt number 0647-8579277.. Filed by Fifth Third Bank. (Attachments: #1 Exhibit A - Cuyahoga County Docket Documents, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Civil Cover Sheet) (Lewis, Patrick)
March 1, 2018 Judge Solomon Oliver, Jr assigned to case, (W,Jo)
March 1, 2018 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (W,Jo)
March 1, 2018 Notice by Clerk that Fifth Third Bank and Select Portfolio Servicing, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (W,Jo)

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Defendant: Select Portfolio Servicing, Inc.
Represented By: Karen M. Cadieux
Represented By: David A. Wallace
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Defendant: Fifth Third Bank
Represented By: Patrick T. Lewis
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Plaintiff: Rachel Sindell
Represented By: Gary Cook
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Plaintiff: Steven Sindell
Represented By: Gary Cook
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