Bozin v. Key Bank, N.A.
| Daniel Bozin, James McNichol, Kristi Burk, Patricia Burk and Jessica McNichol |
| Key Bank, N.A. and Overby-Seawell Co. |
| 1:2022cv01536 |
| August 30, 2022 |
| US District Court for the Northern District of Ohio |
| Charles Esque Fleming |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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| Filing 33 Transfer Order by the Judicial Panel on Multidistrict Litigation. In re: MDL 3056 Keybank Customer Data Security Breach Litigation. Case transferred to the Northern District of Georgia and assigned to the Honorable Stephen D. Grimberg. (P,R) |
| Case transferred from Ohio Northern has been opened in Northern District of Georgia as case 1:23-cv-00506, filed 02/02/2023 (S,HR) |
| Filing 32 Address Change Notice by James J. Pastore, Jr filed by on behalf of Key Bank, N.A.. (Pastore, James) |
Filing 31
Order Staying Case: Plaintiff's Motion for Leave to Oppose the Stay, Defendants' Motion to Stay, and Defendants' Motions for Extension of Time to Answer the Amended Complaint are all GRANTED. The deadline for Defendants to respond to the Amended Complaint shall be set by the Court following the conclusion of the Panel Action, if necessary. Plaintiffs' Motion to Consolidate is hereby HELD IN ABEYANCE pending the outcome of the Panel Action. This Court will rule on the Motion to Consolidate following the conclusion of the Panel Action, if necessary. Judge Charles Esque Fleming on 1/3/2023. Related Documents #21 , #22 , #23 , #25 , #26 , #27 . (S,SR) (Additional attachment(s) added on 1/4/2023: #1 Signed Order) (S,SR).
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| Filing 30 Reply in support of #25 Motion to stay action pending disposition of motion for transfer and centralization pursuant to 28 U.S.C. 1407 filed by Overby-Seawell Co.. (Belzer, Geoffrey) |
| Filing 29 Reply in support of #23 Motion to stay action pending disposition of motion for transfer and centralization pursuant to 28 U.S.C. 1407 filed by Key Bank, N.A.. (Slater, James) |
| Filing 28 Opposition to #25 Motion to stay action pending disposition of motion for transfer and centralization pursuant to 28 U.S.C. 1407, #23 Motion to stay action pending disposition of motion for transfer and centralization pursuant to 28 U.S.C. 1407 filed by Daniel Bozin, Kristi Burk, Patricia Burk, James McNichol, Jessica McNichol. (Dann, Marc) |
| Filing 27 Motion for leave INSTANTER to File Response to Motion to Stay filed by Daniel Bozin, Kristi Burk, Patricia Burk, James McNichol, Jessica McNichol. Related document(s) #23 . (Dann, Marc) |
| Filing 26 Motion for extension of time to answer Amended Complaint, until a ruling on motion for stay filed by Defendant Overby-Seawell Co.. (Belzer, Geoffrey) |
| Filing 25 Motion to stay action pending disposition of motion for transfer and centralization pursuant to 28 U.S.C. 1407 filed by Defendant Overby-Seawell Co.. (Belzer, Geoffrey) |
| Filing 24 Response to #21 Motion to consolidate cases filed by Key Bank, N.A.. (Slater, James) |
| Filing 23 Motion to stay action pending disposition of motion for transfer and centralization pursuant to 28 U.S.C. 1407 filed by Defendant Key Bank, N.A.. (Attachments: #1 Memorandum in Support)(Slater, James) |
| Filing 22 Motion for extension of time to Answer Amended Complaint, until a ruling on motion for stay filed by Defendant Key Bank, N.A.. (Attachments: #1 Memorandum in Support) (Slater, James) |
| Filing 21 Motion to consolidate cases filed by Daniel Bozin, Kristi Burk, Patricia Burk, James McNichol, Jessica McNichol. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Dann, Marc) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Kristin D. Kiehn for Key Bank, N.A. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #20 ). Judge Charles Esque Fleming on 9/30/2022. (S,SR)
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| Filing 20 Motion for attorney Kristin D. Kiehn to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11639007, filed by Defendant Key Bank, N.A.. (Attachments: #1 Declaration of Kristin D. Kiehn)(Slater, James) |
| Filing 19 Supplement to Motion for attorney Michael Joseph Bloom to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11631832, - Declaration of Michael Bloom, filed by Key Bank, N.A.. Related document(s) #14 . (Slater, James) |
| Filing 18 Supplement to Motion for attorney James J. Pastore Jr. to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-11631797, - Declaration of James Pastore Jr., filed by Key Bank, N.A.. Related document(s) #13 . (Slater, James) |
| Filing 17 Waiver of Service Returned Executed by Daniel Bozin, James McNichol, Kristi Burk, Patricia Burk. filed on behalf of Daniel Bozin, James McNichol, Kristi Burk, Patricia Burk (Dann, Marc) |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Michael Joseph Bloom for Key Bank, N.A. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #14 ). Judge Charles Esque Fleming on 9/27/2022. (S,SR)
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Order [non-document] granting Motion for appearance pro hac vice by attorney James J. Pastore, Jr for Key Bank, N.A. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #13 ). Judge Charles Esque Fleming on 9/27/2022.(S,SR)
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| Filing 16 Waiver of Service Returned Executed by Daniel Bozin, James McNichol, Kristi Burk, Patricia Burk. Overby-Seawell Co. waiver sent on 9/26/2022, answer due 11/25/2022 filed on behalf of Daniel Bozin; James McNichol; Kristi Burk; Patricia Burk (Dann, Marc) |
| Filing 15 Waiver of Service Returned Executed by Daniel Bozin, James McNichol, Kristi Burk, Patricia Burk. Key Bank, N.A. waiver sent on 9/23/2022, answer due 11/22/2022 filed on behalf of Daniel Bozin; James McNichol; Kristi Burk; Patricia Burk (Dann, Marc) |
| Filing 14 Motion for attorney Michael Joseph Bloom to Appear Pro Hac Vice. With Declaration - does not contain original signature. Filing fee $ 120, receipt number AOHNDC-11631832, filed by Defendant Key Bank, N.A.. (Slater, James) Modified text on 9/26/2022 (O,K). |
| Filing 13 Motion for attorney James J. Pastore Jr. to Appear Pro Hac Vice. With Declaration - does not contain original signature. Filing fee $ 120, receipt number AOHNDC-11631797, filed by Defendant Key Bank, N.A.. (Slater, James) Modified text on 9/26/2022 (O,K). |
| Filing 12 Corporate Disclosure Statement identifying Corporate Parent KeyCorp for Key Bank, N.A. filed by Key Bank, N.A.. (Slater, James) |
| Filing 11 First Amended complaint against Key Bank, N.A., Overby-Seawell Co. and adding new party plaintiff(s) James McNichol, Jessica McNichol, Kristi Burk and Patricia Burk. Filed by Daniel Bozin. (Attachments: #1 Exhibit1 - Notice Letter) (Dann, Marc) |
| Filing 10 Attorney Appearance by Thomas A. Zimmerman, Jr filed by on behalf of Daniel Bozin. (Zimmerman, Thomas) |
| Filing 9 Attorney Appearance by Jeffrey D. Blake filed by on behalf of Daniel Bozin. (Blake, Jeffrey) |
| Filing 8 Motion for attorney Thomas A. Zimmerman to Appear Pro Hac Vice with Affidavit and Letter of Good Standing. Filing fee $ 120, receipt number AOHNDC-11610100, filed by Plaintiff Daniel Bozin. (Attachments: #1 Proposed Order)(Dann, Marc) Modified text on 9/13/2022 (M,TL). |
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Order [non-document] granting Motion for appearance pro hac vice by attorney Jeffrey D. Blake for Daniel Bozin. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #7 ). Judge Charles Esque Fleming on 9/12/2022. (S,SR)
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Order [non-document] granting Motion for appearance pro hac vice by attorney Thomas A. Zimmerman, Jr for Daniel Bozin. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #8 ). Judge Charles Esque Fleming on 9/12/2022. (S,SR)
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| Filing 7 Motion for attorney Jeffrey D. Blake to Appear Pro Hac Vice with Affidavit and Letter of Good Standing. Filing fee $ 120, receipt number AOHNDC-11604915, filed by Plaintiff Daniel Bozin. (Attachments: #1 Proposed Order )(Dann, Marc) Modified text on 9/8/2022 (M,TL). |
| Filing 6 Return of Service by personal service executed upon Overby-Seawell Co. on 9/7/2022, filed on behalf of Daniel Bozin Related document(s) #3 , #1 . (Dann, Marc) |
| Filing 5 Return of Service by personal service executed upon Key Bank, N.A. on 9/6/2022, filed on behalf of Daniel Bozin Related document(s) #3 , #1 . (Dann, Marc) |
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Filing 4
Order of Recusal. This case is returned to the Clerk for reassignment to another judge. Judge David A. Ruiz on 9/6/2022. (G,CA)
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| Judge Charles Esque Fleming assigned to case. Judge David A. Ruiz terminated. (H,Ch) |
| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Key Bank, N.A., Overby-Seawell Co. (Attachments: #1 Magistrate Consent Form) (F,AW) |
| Filing 2 Supplement - Page 2 of Civil Cover Sheet, filed by Daniel Bozin. (Dann, Marc) |
| Judge David A. Ruiz assigned to case. (F,AW) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Jonathan D. Greenberg. (F,AW) |
| Filing 1 Complaint with jury demand against Key Bank, N.A. Filing fee paid $402, Receipt number AOHNDC-11592487. Filed by Daniel Bozin. (Attachments: #1 Exhibit 1 - Notice Letter, #2 Civil Cover Sheet, #3 Proposed Summons on KeyBank, #4 Proposed Summons on OSC) (Dann, Marc) |
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