Dottore, Receiver v. Civista Bank et al
| Mark E. Dottore |
| Joseph Plonski, Saturn Funding LLC, Caterpillar Financial Services Corp., Cuyahoga Landmark, Inc., Wells Fargo Vendor Financial Services, LLC, Hydracrete Pumping, Libertas Ventures, LLC, Fox Capital Group, Inc., Cortland Savings and Banking Company, Michael Chambers, Capital One Bank (USA), N.A., CIT Bank, N.A., Civista Bank, Libertas Funding, LLC, Alan J. Treinish, Marina at the Westlake Condominium Unit Owners' Association, Inc., Platinum Rapid Funding Group Ltd. and Joseph Plonski doing business as Plonski Realty |
| 1:2020cv00855 |
| April 21, 2020 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Christopher A Boyko |
| Contract: Other |
| 29 U.S.C. § 1132 E.R.I.S.A.-Employee Benefits |
| None |
Docket Report
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This docket was last retrieved on July 10, 2023. A more recent docket listing may be available from PACER.
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Filing 68
Order granting Plaintiff's #67 Motion to dismiss these proceedings Without Prejudice. Judge Christopher A. Boyko on 7/10/2023. (L,Ja)
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| Filing 67 Motion to dismiss these proceedings Without Prejudice filed by Plaintiff Mark E. Dottore. (Attachments: #1 Exhibit A - Proposed Order Granting Motion of Plaintiff to Dismiss These Proceedings Without Prejudice)(Whitmer, Mary) |
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Order [non-document] In light of the Motion for Termination of Receivership filed in the related case 1:19CV764, the Court orders the parties in this case to file a joint status report by June 9, 2023 and inform the Court how this case will proceed to a fair resolution. Judge Christopher A. Boyko on 5/24/2023. (L,Ja)
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| Filing 66 Notice of the Filing of A Motion to Compromise Claims and Award Receiver Compensation for Himself and His Attorneys filed by Mark E. Dottore. (Attachments: #1 Exhibit Exhibit A - Motion to Compromise Claims and Award Receiver Compensation for Himself and His Attorneys)(Whitmer, Mary) |
| Filing 65 Entry of Default in favor of Mark E. Dottore against Capital One Bank (USA), N.A. (Related Doc #63 ). Plaintiff to serve entry of default on Defendant Capital One Bank. Judge Christopher A. Boyko on 1/3/2023.(L,Ja) |
| Filing 64 Joint Status Report of Mark E. Dottore, Receiver, and Cortland Savings and Banking Company filed by Mark E. Dottore. (Whitmer, Mary) |
| Filing 63 Motion for default judgment Against Capital One Bank (USA) N.A. filed by Plaintiff Mark E. Dottore. (Attachments: #1 Exhibit A - Affidavit of Mark E. Dottore, #2 Exhibit B - Proposed Entry of Default, #3 Exhibit C - Green Cards - Proofs of Service)(Whitmer, Mary) |
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Order [non-document] A review of the docket shows no activity on this case since March of this year. On or before December 29, 2022, the parties shall file a joint status report and shall advise the Court of the posture of this case and whether it will be resolved along with the related case, 1:19cv764 Local 310 Trustees v. 21st Century Concrete, currently pending with this Court. Judge Christopher A. Boyko on 12/15/2022. (L,Ja)
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| Filing 62 Return of Service by certified mail executed upon Saturn Funding LLC on 3/1/2021, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Mark E. Dottore Related document(s) #2 , #1 . (Whitmer, Mary) |
| Filing 61 Return of Service by certified mail executed upon Saturn Funding LLC on 3/4/2021, filed on behalf of Mark E. Dottore Related document(s) #2 , #1 . (Whitmer, Mary) |
| Filing 60 Return of Service by certified mail executed upon Capital One Bank (USA), N.A. on 3/4/2021, filed on behalf of Mark E. Dottore Related document(s) #2 , #1 . (Whitmer, Mary) |
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Order [non-document] granting Joint #57 Motion to dismiss party Hydracrete Pumping Co. with prejudice. Judge Christopher A. Boyko on 4/13/21.(S,HR)
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Order [non-document]. In light of the fact that certain Defendants have not yet been served, the Court cancels the phone status conference set for Friday, April 2, 2021 and will reset the conference once all Defendants have been served. Parties shall proceed as scheduled. Upon completion of service of all Defendants, Receiver shall notify the Court and the Court will reset the status conference accordingly. Judge Christopher A. Boyko on 3/1/21. (S,HR)
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Filing 59
Stipulated Protective Order regarding confidential documents approved by Judge Christopher A. Boyko on 3/31/21. (S,HR)
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Order [non-document] granting the parties' joint Motion for protective order (Related Doc #58 ). Judge Christopher A. Boyko on 3/31/21.(S,HR)
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Order [non-document]. The Court grants with prejudice the following unopposed Joint Motions to Dismiss because the parties have settled their claims with Receiver. (ECF #46 , #47 , #48 , #49 , #50 , #51 , #53 ). Michael Chambers, Cuyahoga Landmark, Inc., Marina at the Westlake Condominium Unit Owners' Association, Inc., Alan J. Treinish, Wells Fargo Vendor Financial Services, LLC, CIT Bank, N.A. and Caterpillar Financial Services Corp. dismissed. Judge Christopher A. Boyko on 3/31/21.(S,HR)
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| Filing 58 Joint Motion for protective order filed by Plaintiff Mark E. Dottore. (Attachments: #1 Exhibit A - Stipulated Confidentiality & Protective Order)(Whitmer, Mary) |
| Filing 57 Joint Motion to dismiss party Hydracrete Pumping Co., Inc. From These Proceedings with Prejudice filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Minute Order [non-document] of Telephonic Case Management Conference held on 2/12/21. Case is assigned to the Standard Track. Parties shall commence discovery as discussed in preparation for Mediation. This discovery shall be completed no later than 4/12/21. Telephone status conference set for 4/2/21 at 11:00 a.m. The same call-in number and access code shall be used in the 4/2/21 telephone status conference. The Court grants Plaintiff's Motion for 90 Day Extension Until May 11, 2021 to Serve Defendants Capital One Bank (USA), N.A., Saturn Funding LLC and Platinum Rapid Funding Group Ltd. (ECF #56 ). Judge Christopher A. Boyko on 2/12/21. (S,HR) |
| Filing 56 Motion for extension of 90 days until May 11, 2021 to Serve Defendants, Capital One Bank (USA), N.A., Saturn Funding LLC and Platinum Rapid Funding Group Ltd. in this action filed by Plaintiff Mark E. Dottore. (Attachments: #1 Exhibit A - Summons to Capital One Bank (USA), N.A. with Green Card, #2 Exhibit B - Saturn/Pearl Stipulation as to Proper Parties, #3 Exhibit C - Summons to Platinum Rapid Funding Group Ltd.)(Whitmer, Mary) |
| Filing 55 Notice of Substitution of Counsel removing attorney Timothy M. Reardon and Matthew G. Vansuch and adding attorney Marc B. Merklin, Bridget A. Franklin, and David Sporar filed by on behalf of Cortland Savings and Banking Company. (Merklin, Marc) Modified text on 2/9/2021 (S,SR). |
| Filing 54 Report of Parties' Planning Meeting Under Fed. R. Civ. Pro. 26(f) and L.R. 16.3(b) - parties do not consent to the jurisdiction of the United States Magistrate Judge filed by Mark E. Dottore. (Whitmer, Mary) Modified on 2/8/2021 (S,SR). |
| Filing 53 Joint Motion to dismiss party CIT Bank, N.A. From These Proceedings With Prejudice Because It Has Been Paid Consistent With Orders Of This Court filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Filing 52 Attorney Appearance by Kevin M. Hudspeth filed by on behalf of Fox Capital Group, Inc.. (Hudspeth, Kevin) |
| Filing 51 Joint Motion to dismiss party Wells Fargo Vendor Financial Services, LLC From These Proceedings with Prejudice Because It Has Been Paid Consistent with Orders of This Court filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Filing 50 Joint Motion to dismiss party Cuyahoga Landmark, Inc. From These Proceedings filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Filing 49 Joint Motion to dismiss party Michael Chambers, Cuyahoga County Fiscal Officer/County Treasurer From These Proceedings with Prejudice filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Filing 48 Joint Motion to dismiss party Marina at the Westlake Condominium Unit Owners' Association, Inc. from these proceedings with prejudice, filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Filing 47 Joint Motion to dismiss party Alan J. Treinish, Trustee for Patrick J. Butler from these proceedings with prejudice because it has entered into a Settlement, filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Filing 46 Joint Motion to dismiss party Caterpillar Financial Services from these proceedings with prejudice because it has been consistent with Orders of this Court, filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Filing 45 Notice of Case Management Conference with telephonic conference to be held on 2/12/21 at 10:30 a.m. before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. The Court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Parties shall be available by phone, if needed Judge Christopher A. Boyko on 1/15/21. (Attachments: #1 Exhibit A - Report of Parties Planning Meeting, #2 Exhibit B - Consent)(S,HR) |
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Order: [non-document] granting #39 Receiver's Motion for order authorizing the sale of real property 4304 Franklin Blvd., Cleveland Ohio (PPN# 003-25-073) pursuant to the Order at ECF #124 in case no. 1:19-cv-764-CAB. Judge Christopher A. Boyko on 1/13/2021.(D, I)
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Order [non-document] granting Joint Motion to dismiss party Civista Bank, with prejudice. (Related Doc #44 ). Judge Christopher A. Boyko on 1/13/2021.(D, I)
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| Filing 44 Joint Motion to dismiss party Civista Bank from these proceedings with prejudice because it has been paid in full, filed by Plaintiff Mark E. Dottore. (Whitmer, Mary) |
| Filing 43 Answer to #1 Complaint, filed by Libertas Funding, LLC, Libertas Ventures, LLC. (Attachments: #1 Ex. A - Judgment by Confession)(Selby, Richard) |
| Filing 42 Corporate Disclosure Statement filed by Libertas Funding, LLC, Libertas Ventures, LLC. (Selby, Richard) |
| Filing 41 Answer to #1 Complaint,, filed by Civista Bank. (Attachments: #1 Exhibit A Mortgage on Enterprise Property, #2 Exhibit B Mortgage on Franklin Property, #3 Exhibit C Mortgages on Osborn Property)(Fugee, Patricia) |
| Filing 40 Objection to the Receiver's Motion to Sell Real Property (Franklin Blvd) filed by Civista Bank. Related document(s) #39 . (Attachments: #1 Exhibit A Civista Mortgage, #2 Exhibit B Civista 1st Amendment to Mortgage, #3 Exhibit C Civista 2nd Amendment to Mortgage, #4 Exhibit D Civista 3rd Amendment to Mortgage) (Fugee, Patricia) |
| Filing 39 Motion for an Order Authorizing the Sale of Real Property Free and Clear of all Liens, Encumbrances, Claims, and Other Interests and to Transferring Interests to the Proceeds of Sale Pending Further Disposition of the Court, filed by Plaintiff Mark E. Dottore. (Attachments: #1 Exhibit A - Asset Purchase Agreement, #2 Exhibit B - Commitment for Title Insurance)(Whitmer, Mary) |
| Filing 38 Answer to #1 Complaint, filed by Michael Chambers. (Jutte, Adam) |
| Filing 37 Corporate Disclosure Statement filed by Hydracrete Pumping. (Leonard, Amelia) |
| Filing 36 Answer to #1 Complaint, filed by Hydracrete Pumping. (Leonard, Amelia) |
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Order [non-document] granting #30 Defendant's Motion for Extension of Time to Answer. Civista Bank answer due 6/15/2020. Judge Christopher A. Boyko on 5/19/2020.(D, I)
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| Filing 35 Corporate Disclosure Statement identifying Corporate Parent Cortland Bancorp. for Cortland Savings and Banking Company filed by Cortland Savings and Banking Company. (Vansuch, Matthew) |
| Filing 34 Answer to #1 Complaint, filed by Cortland Savings and Banking Company. (Attachments: #1 Exhibit A - Commercial Security Agreement dated March 19, 2018 between Cortland Bank and 21st Century Concrete, #2 Exhibit B - UCC-1 Financing Statement filed with the Ohio Secretary of State on March 21, 2018, #3 Exhibit C - certificate of judgment lien filed with the Cuyahoga County Clerk of Courts in Case No. JL19887857 on April 29, 2019)(Vansuch, Matthew) |
| Filing 33 Corporate Disclosure Statement identifying Corporate Parent Civista Bancshares, Inc. for Civista Bank filed by Civista Bank. (Fugee, Patricia) |
| Filing 32 Corporate Disclosure Statement identifying Corporate Parent Wells Fargo & Co., Other Affiliate Wells Fargo Financial Leasing, Inc., Other Affiliate Wells Fargo Bank, N.A. for Wells Fargo Vendor Financial Services, LLC filed by Wells Fargo Vendor Financial Services, LLC. (Schrader, Bruce) |
| Filing 31 Answer to #1 Complaint,, filed by Wells Fargo Vendor Financial Services, LLC. (Attachments: #1 Exhibit A - Master Lease Agreement, #2 Exhibit B - Equipment Schedule, #3 Exhibit C - UCC-1 Financing Statement)(Schrader, Bruce) |
| Filing 30 Motion for extension of time until 06/15/2020 to answer or otherwise respond to Plaintiff's Complaint filed by Defendant Civista Bank. Related document(s) #1 . (Fugee, Patricia) |
| Filing 29 Notice of Answer of Joseph Plonski dba Plonski Realty to Plaintiff's Complaint filed by Mark E. Dottore. (Attachments: #1 Exhibit A - Answer of Joseph Plonski dba Plonski Realty)(Whitmer, Mary) |
| Filing 28 Proof of Service by certified mail executed upon Wells Fargo Vendor Financial Services, LLC on 4/29/2020, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) |
| Filing 27 Proof of Service by certified mail executed upon CIT Bank, N.A. on 4/24/2020 - Signed DH #13, Received by: C19, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) Text Modified on 5/13/2020 (J,G). |
| Filing 26 Proof of Service by certified mail executed upon CIT Bank, N.A. on 4/27/2020 - Signed C13 CO19, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) Text Modified on 5/13/2020 (J,G). |
| Filing 25 Proof of Service by certified mail executed upon Cortland Savings and Banking Company on 4/23/2020, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) |
| Filing 24 Proof of Service by certified mail executed upon Hydracrete Pumping on 4/28/2020, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) |
| Filing 23 Proof of Service by certified mail executed upon Alan J. Treinish on 4/22/2020, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) |
| Filing 22 Proof of Service by certified mail executed upon Marina at the Westlake Condominium Unit Owners' Association, Inc. on 4/23/2020, no delivery date on green card, date obtained from U.S. Postal Service website, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) |
| Filing 21 Proof of Service by certified mail executed upon Joseph Plonski on 4/22/2020 - Signed COVID 19, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) Text Modified on 5/13/2020 (J,G). |
| Filing 20 Proof of Service by certified mail executed upon Capital One Bank (USA), N.A. on 4/24/2020 - Signed COVID-19, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) Text Modified on 5/13/2020 (J,G). |
| Filing 19 Proof of Service by certified mail executed upon Michael Chambers on 4/24/2020, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) |
| Filing 18 Proof of Service by certified mail executed upon Caterpillar Financial Services Corp. on 4/22/2020, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) |
| Filing 17 Proof of Service by certified mail executed upon Civista Bank on 4/23/2020, filed on behalf of Mark E. Dottore Related document(s) #1 , #2 . (Whitmer, Mary) |
| Filing 16 Corporate Disclosure Statement filed by Marina at the Westlake Condominium Unit Owners' Association, Inc.. (O'Grady, Peter) |
| Filing 15 Corporate Disclosure Statement identifying Corporate Parent Caterpillar Inc. for Caterpillar Financial Services Corp., filed by Caterpillar Financial Services Corp. (Kincaid, Jessica) |
| Filing 14 Answer to #1 Complaint, filed by Caterpillar Financial Services Corp. (Kincaid, Jessica) |
| Filing 13 Corporate Disclosure Statement filed by Fox Capital Group, Inc.. (Hochheiser, Alan) |
| Filing 12 Answer to #1 Complaint, to determine the validity, priority and extent of liens and ownership interests in Receivership Estate Property, Marshal Liens and/or assets; and for declaratory relief, filed by Fox Capital Group, Inc. (Attachments: #1 Exhibit A-Secured Merchant Agreement, #2 Exhibit B-UCC)(Hochheiser, Alan) |
| Filing 11 Attorney Appearance by Alan C. Hochheiser filed by on behalf of Fox Capital Group, Inc.. (Hochheiser, Alan) |
| Filing 10 Attorney Appearance by Charles W. Zepp filed by on behalf of Hydracrete Pumping. (Zepp, Charles) |
| Filing 9 Attorney Appearance for The Cortland Savings and Banking Company by Matthew G. Vansuch and Timothy M. Reardon filed by on behalf of Cortland Savings and Banking Company. (Vansuch, Matthew) |
| Filing 8 Attorney Appearance by Amelia J. Leonard filed by on behalf of Hydracrete Pumping. (Leonard, Amelia) |
| Filing 7 Answer to #1 Complaint, filed by Marina at the Westlake Condominium Unit Owners' Association, Inc.. (O'Grady, Peter) |
| Filing 6 Notice of Appearance for the Marina at the Westlake Condominium Owners' Association, Inc. filed by Marina at the Westlake Condominium Unit Owners' Association, Inc. (O'Grady, Peter) |
| Filing 5 Attorney Appearance by Bruce R. Schrader, II filed by on behalf of Wells Fargo Vendor Financial Services, LLC. (Schrader, Bruce) |
| Filing 4 Attorney Appearance by Jessica M. Kincaid and Jeremy M. Campana filed by on behalf of Caterpillar Financial Services Corp.. (Kincaid, Jessica) |
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Filing 3
Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Christopher A. Boyko for all further proceedings. Entered by Judge Pamela A. Barker on 4/22/2020. (L,Ja)
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| Judge Christopher A. Boyko assigned to case, Judge Pamela A. Barker terminated. (B,R) |
| Filing 2 Original Summons and Magistrate Consent Form issued to counsel for service upon CIT Bank, N.A. in Portsmouth, NH and Columbus, OH, Capital One Bank (USA), N.A., Caterpillar Financial Services Corp., Michael Chambers, Civista Bank, Cortland Savings and Banking Company, Cuyahoga Landmark, Inc., Fox Capital Group, Inc. at Naples, FL and Hallandale, FL, Hydracrete Pumping, Libertas Funding, LLC, Libertas Ventures, LLC, Marina at the Westlake Condominium Unit Owners' Association, Inc., Platinum Rapid Funding Group Ltd. in Uniondale, NY, Milville, NY, and Uniondale, NY c/o T. Telesca, Joseph Plonski, Saturn Funding LLC, Alan J. Treinish, Wells Fargo Vendor Financial Services, LLC in Irving, TX and Columbus, OH. (Attachments: #1 Magistrate Consent Form) (B,R) |
| Filing 1 Complaint to (I) Determine the Validity, Priority and Extent of Liens and Ownership Interests in Receivership Estate Property (II) Marshal Liens and/or Assets; and for Declaratory Relief against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-9931595. Plaintiff has indicated that case may be related to pending civil action 1:19-cv-764. Filed by Mark E. Dottore, Receiver. (Attachments: #1 Civil Cover Sheet, #2 Summons for each Defendant, #3 Exhibit A - Assets, #4 Exhibit B - Vehicle Titles) (Whitmer, Mary) |
| Judge Pamela A. Barker assigned to case, (B,R) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (B,R) |
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