Meeks v. Keybank N.A. et al
| Tiffany Meeks |
| KeyBank N.A. and Pennsylvania Higher Education Assistance Agency |
| Peter J. Grilli |
| 1:2018cv02719 |
| November 23, 2018 |
| US District Court for the Northern District of Ohio |
| Sara Lioi |
| Consumer Credit |
| 47 U.S.C. § 227 |
| Both |
Docket Report
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| Filing 36 Stipulation & Order of Dismissal: The parties agree that this action is dismissed, with prejudice and without costs to either party against the other pursuant to Fed. R. Civ. P. 41(a)(1). In the event of any dispute over the settlement of this action, this Court shall retain exclusive jurisdiction for the purposes of enforcing the terms of such settlement. (Related Doc. No. #35 ). Judge Sara Lioi on 4/19/2019. (P,J) |
| Filing 35 Proposed Stipulation and Order of Dismissal with Prejudice filed by KeyBank N.A. (Document not text searchable.) (Karamouzis, Andrew) |
Filing 34
Order: Upon representation of parties and counsel, as memorialized in the minutes entry from the telephonic conference held on February 7, 2019, before Judge Sara Lioi that the above entitled cause of action has been settled between the parties, this case hereby is dismissed. A final agreed entry, approved by counsel for all parties, shall be filed with the Court on or before April 12, 2019. Any subsequent order setting forth different terms and conditions relative to the settlement and dismissal of the within action shall supersede the within order. This case hereby is closed. Judge Sara Lioi on 2/7/2019. (P,J)
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| Minutes of proceedings [non-document]. A case management conference was conducted by telephone on 2/7/19 by Judge Sara Lioi. Attorney Jon Paul Dubbeld participated on behalf of plaintiff, Attorney Andrew Karamouzis participated on behalf of defendant KeyBank N.A., and Attorney Drew Campbell participated on behalf of defendant Pennsylvania Higher Education Assistance Agency. Counsel for plaintiff advised the Court that a settlement has been reached with both defendants. Counsel for all parties anticipate filing their final agreed upon entry within sixty days of this telephonic conference. (Court Reporter: None) (Time: 10 minutes) (P,J) |
| Filing 33 Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) - parties do not consent to this case being assigned to the magistrate judge, filed by KeyBank N.A.. (Karamouzis, Andrew) |
| Filing 32 Answer to #1 Complaint, with Jury Demand filed by KeyBank N.A. (Karamouzis, Andrew) |
| Filing 31 Corporate Disclosure Statement identifying Corporate Parent KeyCorp for KeyBank N.A. filed by KeyBank N.A.. (Karamouzis, Andrew) |
| Filing 30 Corporate Disclosure Statement filed by Pennsylvania Higher Education Assistance Agency. (Stein, David) |
| Filing 29 Answer to #1 Complaint, filed by Pennsylvania Higher Education Assistance Agency. (Stein, David) |
| Filing 28 Magistrate Consent Package issued. (P,J) |
| Filing 27 Case Management Conference Scheduling Order. Telephone case management conference, with counsel only, to be held on 2/7/2019 at 10:00 a.m. before Judge Sara Lioi. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on line, plaintiff's counsel is to place the call to the Chambers of the Honorable Sara Lioi at (330) 252-6060. The disclosures mandated by Fed. R. Civ. P. 26(a) will all apply. Plaintiff must serve on opposing parties the initial disclosures by 1/17/2019. All other parties must serve on opposing parties the initial disclosures by 1/24/2019. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Judge Sara Lioi on 12/7/2018. (Attachments: #1 Report of Parties' Planning Meeting)(P,J) |
| Filing 26 Unopposed Motion by James J. McGuire to withdraw as attorney filed by Defendant KeyBank N.A. (P,WL) |
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Order [non-document] granting motion for appearance pro hac vice by Attorney Jon P. Dubbeld as counsel for plaintiff. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #23 ). Judge Sara Lioi on 12/6/2018.(P,J)
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Order [non-document] granting #25 motion by defendant Pennsylvania Higher Education Assistance Agency to permit attorneys Christopher A. Roach and Louis M. Ursini, III to withdraw as attorneys; and to substitute attorneys David K. Stein and Drew H. Campbell in place of attorneys Christopher A. Roach and Louis M. Ursini, III. Judge Sara Lioi on 12/6/2018.(P,J)
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Order [non-document]: Since the Court does not see any answers or responses to the complaint on the docket by any defendants, the defendants shall answer or otherwise respond to the complaint by 1/11/2019. Judge Sara Lioi on 12/6/2018. (P,J)
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Order [non-document] granting #26 motion by attorney James J. McGuire to withdraw as co-counsel for KeyBank N.A.. Judge Sara Lioi on 12/6/2018.(P,J)
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| Filing 25 Motion by Christopher A. Roach to withdraw as attorney and Motion to substitute attorney David K. Stein and Drew H. Campbell in place of attorney Christopher A. Roach and Louis M. Ursini, III filed by Defendant Pennsylvania Higher Education Assistance Agency. Related document #15 . (Attachments: #1 Exhibit 1 - Notice to PHEAA)(Stein, David) |
| Filing 24 Attorney Appearance by Andrew P. Karamouzis filed on behalf of KeyBank N.A. (Karamouzis, Andrew) |
| Filing 23 Motion for attorney Jon P. Dubbeld to Appear Pro Hac Vice. Filing fee $ 120, receipt number 14660109860, filed by Plaintiff Tiffany Meeks. (Attachments: #1 Affidavit)(H,D) |
| Filing 22 Motion for attorney Andrew P. Karamouzis to Appear Pro Hac Vice. Filing fee $ 120, receipt number 54660006828, filed by Defendant KeyBank N.A. (Attachments: #1 Declaration of Andrew P. Karamouzis, #2 Exhibit A: Certificate of Good Standing, #3 Letter to Clerk, #4 Envelope)(T,Je) |
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Order [non-document] granting motion for appearance pro hac vice by attorney Andrew P. Karamouzis for KeyBank N.A. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #22 ). Judge Sara Lioi on 12/4/2018.(P,J)
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| Copy of #21 Initial Standing Order sent by email to counsel on 12/3/2018. (P,J) |
| Filing 21 Initial Standing Order. Judge Sara Lioi on 11/28/2018. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List)(P,J) |
| Notice to Attorney Christopher Adam Roach. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed 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, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,WL) |
| Notice to Attorney Louis M. Ursini, III. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed 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, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,WL) |
| Notice to Attorney James J. McGuire. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed 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, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,WL) |
| Notice to Attorney Jon Paul Dubbeld. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed 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, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,WL) |
| Copy of docket sheet and #20 Magistrate Consent Form mailed to Attorney's Jon Paul Dubbeld at Berkowitz & Myer, 4900 Central Ave, St. Petersburg, FL 33707; James J. McGuire at Thomas & LoCicero, PL, 601 South Blvd, Tampa, FL 33606-2629; Christopher Adam Roach at Adams & Reese, LLP, Bank of America Plaza 101, E Kennedy Blvd, Ste 4000, Tampa, FL 33602-5152; Louis M. Ursini, III, at Adams & Reese, LLP Bank of America Plaza 101, E Kennedy Blvd, Ste 4000, Tampa, FL 33602-5152; and Peter John Grilli, at Peter J. Grilli, PA, 3001 W Azeele St, Tampa, FL 33609-3138 on 11/26/2018. (T,Je) |
| Filing 20 Magistrate Consent Form issued. (T,Je) |
| Filing 19 CASE TRANSFERRED IN from District of Florida Middle. Case number 8:18-cv-02351. Electronic file, transfer order and docket sheet received. |
| Judge Sara Lioi assigned to case. (T,Je) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (T,Je) |
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Filing 18
ENDORSED ORDER: Defendant KeyBank has filed an unopposed motion to transfer this case to the United States District Court for the Northern District of Ohio. (Doc. #16 ). Based upon the representations of the unopposed motion and the Court's independent review of the forum selection clause at issue, the Court finds that transfer is appropriate. Accordingly, the Court grants the Motion and directs the Clerk to transfer this case to the United States District Court for the Northern District of Ohio. Signed by Judge Virginia M. Hernandez Covington on 11/21/2018. (DMD) [Transferred from flmd on 11/23/2018.]
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| Filing 17 DECLARATION of Cherie Thompson re #16 Unopposed MOTION to transfer case by Keybank N.A. (Attachments: #1 Exhibit A)(McGuire, James) [Transferred from flmd on 11/23/2018.] |
| Filing 16 Unopposed MOTION to transfer case by Keybank N.A. (McGuire, James) [Transferred from flmd on 11/23/2018.] |
| Filing 15 NOTICE of Appearance by Louis M. Ursini, III and Appearance by Christopher Adam Roach on behalf of Pennsylvania Higher Education Assistance Agency (Roach, Christopher) [Transferred from flmd on 11/23/2018.] |
| Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Pennsylvania Higher Education Assistance Agency identifying Corporate Parent Pennsylvania Higher Education Assistance Agency, d/b/a American Education Services ("AES") for Pennsylvania Higher Education Assistance Agency.. (Roach, Christopher) [Transferred from flmd on 11/23/2018.] |
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Filing 13
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the Complaint. (Doc. #12 ). Defendants' response to the Complaint now due November 30, 2018. Signed by Judge Virginia M. Hernandez Covington on 10/30/2018. (DMD) [Transferred from flmd on 11/23/2018.]
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Keybank N.A.. (McGuire, James) [Transferred from flmd on 11/23/2018.] |
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Filing 11
ENDORSED ORDER: The parties have filed a stipulation purporting to extend Defendants' deadline to respond to the Complaint to November 30, 2018. (Doc. #10 ). This stipulation has no force or effect in this Court. All extensions of time must be granted by the Court. Therefore, if Defendants desire an extension of time to respond to the Complaint, they must file a motion that complies with the requirements of the Local Rules with this Court. Signed by Judge Virginia M. Hernandez Covington on 10/29/2018. (DMD) [Transferred from flmd on 11/23/2018.]
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| Filing 10 STIPULATION re #1 Complaint Extending Time to Respond by Keybank N.A.. (McGuire, James) [Transferred from flmd on 11/23/2018.] |
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Filing 9
SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Peter J. Grilli, Esq., for mediation. The parties must mediate no later than February 4, 2019. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by November 20, 2018. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 10/18/2018. (TWL) [Transferred from flmd on 11/23/2018.]
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| Filing 8 RETURN of service executed on 10/16/18 by Tiffany Meeks as to Pennsylvania Higher Education Assistance Agency. (Dubbeld, Jon) [Transferred from flmd on 11/23/2018.] |
| Filing 7 RETURN of service executed on 10/16/18 by Tiffany Meeks as to Keybank N.A.. (Dubbeld, Jon) [Transferred from flmd on 11/23/2018.] |
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Filing 6
ENDORSED ORDER: Plaintiff Tiffany Meeks filed this case on September 24, 2018. (Doc. #1 ). Based on the Court's review of the docket, it appears that service of process has not yet been effected on Defendants. Accordingly, Plaintiff is directed to file a status report by October 22, 2018, regarding her efforts to effect service of process. Signed by Judge Virginia M. Hernandez Covington on 10/15/2018. (DMD) [Transferred from flmd on 11/23/2018.]
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Filing 5
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/26/2018. (TWL) [Transferred from flmd on 11/23/2018.]
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 9/25/2018. (TWL) [Transferred from flmd on 11/23/2018.]
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| Filing 3 SUMMONS issued as to Keybank N.A. (EA) [Transferred from flmd on 11/23/2018.] |
| Filing 2 SUMMONS issued as to Pennsylvania Higher Education Assistance Agency. (EA) [Transferred from flmd on 11/23/2018.] |
| Filing 1 COMPLAINT against Keybank N.A., Pennsylvania Higher Education Assistance Agency with Jury Demand (Filing fee $ 400 receipt number TPA053278) filed by Tiffany Meeks. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(EA) [Transferred from flmd on 11/23/2018.] |
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