Watson et al v. Direct Express, Payment Processing Services et al
| Melvia Watson and Cleophus Watson |
| Comerica Banking, Direct Express, Payment Processing Services, Conduent State & Local Solutions, Inc and Comerica Bank |
| 1:2019cv00355 |
| February 16, 2019 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Sara Lioi |
| P.I.: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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Filing 38
Order of Case Dismissal: #37 Stipulated Notice of Dismissal Under FRCP 41(a)(1) (A)(ii), without Prejudice is approved. Entered by Judge Pamela A. Barker on 9/8/2020. (L,Ja)
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| Filing 37 Stipulated Notice of Dismissal Under FRCP 41(a)(1) (A)(ii), without Prejudice filed by All Defendants. (Dow, Dustin) |
| Filing 36 Minutes of proceedings before Judge Pamela A. Barker. Telephone conference held. Participating on behalf of Plaintiffs was Attorney Myron Watson, and participating on behalf of Defendants were Attorneys Chris Bator and Dustin Dow. The Court confirmed with Plaintiffs' counsel that Plaintiff Melvia Watson did not have the capacity to initiate this lawsuit, and does not have the capacity to respond to discovery served upon her by Defendants. It is necessary for Plaintiffs' counsel to initiate competency proceedings in Probate Court, with the goal of having Cleophus Watson appointed as Melvia's guardian ad litem. Counsel agreed that they would file a proposed dismissal without prejudice by September 7, 2020 to allow probate proceedings to be had to evaluate Melvia Watson's competency. (Court Reporter: None.)Time: 12 minutes. (L,Ja) |
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Order [non-document] The Court has received and reviewed the August 12, 2020 Position Statement Regarding Discovery Dispute submitted to the Court's Chambers via e-mail by counsel for Defendants Conduent State & Local Solutions, Inc. and Comerica Bank (together "Conduent") ("Conduent's Position Statement"). In Conduent's Position Statement, Conduent notifies this Court of a discovery dispute by and between Conduent and Plaintiffs, represents that the parties have met and conferred relative to the dispute but the dispute remains, and requests that this Court schedule a telephone conference to address the discovery dispute between August 24, 2020 and September 11, 2020, and consider referring this matter to mediation with the Magistrate Judge. A telephone conference is set for August 31, 2020 at 10:00 a.m. In anticipation of the telephone conference, Plaintiffs' counsel must file a response to Conduent's Position Paper by August 26, 2020. The parties should be prepared to fully discuss the discovery dispute and the potential for a referral to mediation during the telephone conference. Entered by Judge Pamela A. Barker on 8/12/2020. (L,Ja)
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Order [non-document] DENYING Defendant Conduent State & Local Solutions, Inc's Request for telephone discovery conference (Doc. No. #35 ). Parties are directed to review the Court's Discovery Dispute Protocol set forth on the Court's website. Entered by Judge Pamela A. Barker on 7/22/2020.(L,Ja)
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| Filing 35 Request for telephone discovery conference filed by Defendant Conduent State & Local Solutions, Inc. (Attachments: #1 Exhibit A - Defendants's First Set of Discovery Requests to Each Plaintiff, #2 Exhibit B - Emails regarding Discovery, #3 Exhibit C - Cleophus Watson's Unverified Responses To Defendant's First Set of Discovery Requests, #4 Exhibit D - 6-30-20 Correspondence regarding Discovery Deficiencies)(Dow, Dustin) |
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Filing 34
Status Conference Order: Status Conference set for 10/5/2020 at 01:30 PM in Chambers 16A. Counsel shall confer within five (5) business days of the scheduled conference to discuss outstanding issues and respective positions as to settlement. Counsel shall provide to the Court within three (3) business days of the conference, a joint Status Report or confidential individual Status Reports describing the status of discovery, settlement positions, and issues to be addressed. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Entered by Judge Pamela A. Barker on 6/10/2020. (L,Ja)
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| Filing 33 Reply in support of #28 Motion for judgment on the pleadings filed by All Defendants. (Dow, Dustin) |
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IMPORTANT: Order [non-document] Status Conference set for 6/17/2020 at 01:30 PM is CANCELLED and will be rescheduled to a later date. (Related Document #30 ). Entered by Judge Pamela A. Barker on 6/10/2020. (L,Ja)
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| Filing 32 Response to #28 Motion for judgment on the pleadings filed by All Plaintiffs. (Watson, Myron) |
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Order [non-document] granting #31 Plaintiffs' Motion for extension of time until May 30, 2020 to file response to #28 Motion for judgment on the pleadings. Entered by Judge Pamela A. Barker on 4/30/2020.(L,Ja)
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| Filing 31 Motion for extension of time until May 30, 2020 to file response to #28 Motion for judgment on the pleadings filed by Cleophus Watson, Melvia Watson. Related document(s) #28 . (Watson, Myron) |
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Filing 30
Case Management Conference Plan/Order. Case is assigned to the standard track. The parties will exchange pre-discovery disclosures by 4/30/2020. Parties to be Joined and Pleading Amendments due by 9/23/2020. Discovery is due by 12/22/2020. Expert discovery shall be completed by 12/22/2020. The party initially seeking to introduce expert testimony shall exchange his or her Expert Report on or before 10/23/2020. Responsive Expert Reports shall be exchanged on or before 11/24/2020. Dispositive Motions are due by 12/22/2020. Status Conference set for 6/17/2020 at 01:30 PM in to be held telephonically. Signed by Judge Pamela A. Barker on 4/16/20. (W,RA)
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| Filing 29 Minutes of proceedings. Telephonic Case Management Conference conducted. Separate Case Management Conference Order to be issued. (Court Reporter: None.)Time: 15 Minutes. (W,RA) |
| Filing 28 Motion for parital judgment on the pleadings, filed by Comerica Bank, Conduent State & Local Solutions, Inc. (Attachments: #1 Memorandum in Support)(Dow, Dustin) |
| Filing 27 Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Comerica Bank, Conduent State & Local Solutions, Inc. (Dow, Dustin) |
| Filing 26 Answer to #17 Amended complaint filed by Comerica Bank, Conduent State & Local Solutions, Inc. (Dow, Dustin) |
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Filing 25
Case Management Conference Scheduling Order with case management conference to be held on 4/16/2020 at 01:30 PM to be held telephonically (conference call instruction to be sent in a separate email). IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Entered by Judge Pamela A. Barker on 3/25/2020. (Attachments: #1 Report of Parties' Planning Meeting Standard)(L,Ja)
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| Filing 24 Magistrate Consent Package Issued by Courtroom Deputy. (L,Ja) |
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Filing 23
Memorandum Opinion and Order: For reasons set forth in this order, Defendants' Motion to Dismiss (Doc. No. 18) is GRANTED IN PART and DENIED IN PART, as follows. Defendants' Motion is granted with respect to Count V. Defendants' Motion is denied with respect to Counts I, II, III, and IV. Entered by Judge Pamela A. Barker on 3/25/2020. (L,Ja)
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| LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI) |
| Filing 22 Reply In Support Of Motion To Dismiss And Reply to Plaintiffs' Opposition filed by All Defendants. (Related document(s) #21 , #18 ) (Dow, Dustin) |
| Filing 21 Opposition to #18 Motion to dismiss for failure to state a claim filed by All Plaintiffs. (Attachments: #1 Brief in Support)(Watson, Myron) |
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Order [non-document] granting #20 Plaintiffs' Second Motion for extension of time to File Brief in Opposition to Motion to Dismiss until October 30, 2019. No further extensions will be permitted. Entered by Judge Pamela A. Barker on 10/15/2019.(L,Ja)
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| Filing 20 Second Motion for extension of time to File Brief in Opposition to Motion to Dismiss until October 30, 2019 filed by Cleophus Watson, Melvia Watson. (Related document(s) #18 ). (Attachments: #1 Exhibit A - Cuyahoga County Court notification for case CR-19-636658) |
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Order [non-document]granting #19 Plaintiffs' Motion for Extension of Time to File Response/Reply by September 30, 2019 re #18 Motion to dismiss for failure to state a claim. Entered by Judge Pamela A. Barker on 9/13/2019.(L,Ja)
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| Filing 19 First Motion for extension of time until September 30, 2019 to file response/reply to #18 Motion to dismiss for failure to state a claim filed by Cleophus Watson, Melvia Watson. Related document(s) #18 . (Watson, Myron) |
| Filing 18 Motion to dismiss for failure to state a claim filed by Comerica Bank, Conduent State & Local Solutions, Inc. (Related document(s) #17 ). (Attachments: #1 Memorandum in Support, #2 Exhibit A - Terms of Use) (Dow, Dustin) |
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Order [non-document] rendering moot, Defendants' Motion to dismiss for failure to state a claim (Related Doc #10 ). Judge Pamela A. Barker on 8/16/2019.(L,Ja)
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| Filing 17 First Amended complaint against All Defendants. Filed by Melvia Watson, Cleophus Watson. (Watson, Myron) |
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Order [non-document] granting motion for leave to file amended complaint instanter #15 . Since Plaintiffs did not file their proposed amended complaint as an attachment to their motion for leave to file amended complaint instanter, Plaintiffs are ordered to file their amended complaint by 4:30 p.m. on August 15, 2019. Since the court had not yet given Plaintiffs leave to file an amended complaint, Defendants' motion to dismiss the amended complaint #16 is stricken, but may be re-filed after Plaintiffs file their amended complaint. Judge Pamela A. Barker on 8/13/2019. (L,Ja)
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| Filing 16 STRICKEN (per 8/13/2019 order) Motion to dismiss for failure to state a claim filed by Comerica Bank, Conduent State & Local Solutions, Inc. Related document(s) #14 . (Attachments: #1 Memorandum in Support, #2 Exhibit A - Terms of Use) (Dow, Dustin) |
| Filing 15 Motion for leave to File Amended Complaint Instanter, with Amended Complaint attached filed by Cleophus Watson, Melvia Watson. (Related document(s) #14 ). (Watson, Myron) |
| Filing 14 First Amended complaint against All Defendants. Filed by Melvia Watson, Cleophus Watson. (Watson, Myron) |
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Order [non-document] entered by Judge Pamela A. Barker on 7/10/19. For purposes of clarification, the parties are advised that the Court's Order dated 7/1/19 was intended to terminate any upcoming telephonic and/or in-person conferences and hearings set by the previously assigned district judge. All other case management deadlines (including pleading amendment, discovery, expert, briefing, and dispositive motions deadlines) remain in effect. In addition, any referrals to the assigned Magistrate Judge (including for mediation and/or settlement conferences) remain in effect. Any status, final pre-trial and trial dates set to take place before the previously assigned district judge will be reset at a later date. (S,G)
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| Filing 13 Corporate Disclosure Statement identifying Corporate Parent Conduent Business Services, LLC, Corporate Parent Conduent, Inc. for Conduent State & Local Solutions, Inc filed by Conduent State & Local Solutions, Inc. (Dow, Dustin) |
| Notice by Clerk that Conduent State & Local Solutions, Inc failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (T,Je) |
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Order [non-document] All deadlines and hearings set by the previous District Judge are terminated and will be reset forthwith. Signed by Judge Pamela A. Barker on 07/01/2019. (W,RA)
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Order [non-document] granting Plaitiff's Motion for leave to file amended complaint by 7/24/2019(Related Doc #11 ) and denies as moot #12 , Motion for Extension of time to respond to the motion to dismiss. Judge Pamela A. Barker on 6/28/2019.(L,Ja)
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| Case reassigned to Judge Pamela A. Barker pursuant to General Order 2019-13. (T,Je) |
| Filing 12 Motion for extension of time 30 days from June 24, 2019 to respond to the motion to dismiss filed by Cleophus Watson, Melvia Watson. (Watson, Myron) |
| Filing 11 Motion for leave to file amended complaint for 30 days filed by Cleophus Watson, Melvia Watson. (Watson, Myron) |
| Filing 10 Motion to dismiss for failure to state a claim filed by Comerica Bank, Conduent State & Local Solutions, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit A - Terms of Use) (Dow, Dustin) |
| Filing 9 Response to Show Cause Order filed by Cleophus Watson, Melvia Watson. Related document(s) #8 . (Attachments: #1 Appendix)(Watson, Myron) Modified on 6/3/2019 (D,S). |
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Filing 8
Order that plaintiffs shall Show Cause in writing by 6/3/2019 why this case should not be dismissed for want of prosecution due to failure to serve the complaint. Judge Sara Lioi on 5/28/2019. (D,S)
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| Filing 7 Attorney Appearance by Dustin M. Dow and Chris Bator filed by on behalf of Comerica Banking, Direct Express, Payment Processing Services. (Attachments: #1 Exhibit A - Waiver of Service of Summons)(Dow, Dustin) |
| Filing 6 Original Summons issued to counsel for service upon Comerica Banking, Direct Express, Payment Processing Services. (T,Je) |
| Filing 5 Praecipe for issuance of Original Summons filed by All Plaintiffs. (Watson, Myron) |
| Filing 4 Praecipe for issuance of Original Summons filed by All Plaintiffs. (Watson, Myron) |
| Filing 3 Initial Standing Order. Judge Sara Lioi on 2/19/2019. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List)(P,J) |
| Filing 2 Magistrate Consent Form issued. No summons provided, no summons issued. (S,SR) |
| Judge Sara Lioi assigned to case, (S,SR) |
| 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. (S,SR) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-9152613. Filed by Melvia Watson. (Attachments: #1 Civil Cover Sheet) (Watson, Myron) |
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