Protain et al v. Synchrony Bank
| Joseph Protain and Melissa Protain |
| Synchrony Bank |
| 4:2020cv02474 |
| November 2, 2020 |
| US District Court for the Northern District of Ohio |
| Benita Y Pearson |
| Contract: Other |
| 15 U.S.C. ยง 1681 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 23, 2020. A more recent docket listing may be available from PACER.
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Filing 11
Stipulation and Order approving #7 Stipulation Regarding Inadvertent Disclosure of Attorney-Client Privilege, Work Product Protection or Other Applicable Privilege. Judge Benita Y. Pearson on 12/23/2020. (S,Ke)
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Filing 10
Order setting mediation conference for 2/11/2021 at 10:00 AM before Magistrate Judge Carmen E. Henderson. Consistent with General Order No. 2020-08, the mediation conference will take place via video conference. Plaintiff and counsel for Defendants will receive instructions from the Chambers of Magistrate Judge Henderson via email for connecting to the video conference. Counsel shall provide these instructions to their parties/party representatives so that all required participants are connected to the conference. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements prior to the mediation conference. Additionally, a Telephone Conference with Plaintiffs' Counsel is set for 2/9/2021 at 10:00 AM to be held telephonically before Magistrate Judge Carmen E. Henderson. A Telephone Conference with Defense Counsel is set for 2/9/2021 at 11:00 AM to be held telephonically before Magistrate Judge Carmen E. Henderson. The court will host the conference calls and inform counsel by way of separate email of the telephone number for the call. Magistrate Judge Carmen E. Henderson on 12/22/2020. (W,K)
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Filing 9
Order referring case to Magistrate Judge Carmen E. Henderson for Mediation/Settlement. The Mediation shall be completed on or before 2/19/2021, if possible. Judge Benita Y. Pearson on 12/21/2020. (JLG)
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| Filing 8 Case Management Conference Plan/Order. Case is assigned to the expedited track, and is referred to Magistrate Judge Henderson to conduct a mediation on or before 2/19/2021, if possible. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Discovery shall be completed on or before 3/15/2021. Expert reports on which a party bears the burden of proof are due on or before 45 days prior to the close of discovery. Response reports shall be completed no later than 15 days prior to the close of discovery. Counsel shall comply with LR 37.1, which outlines a process for resolution of discovery disputes. The cutoff to amend pleadings and add parties is 1/11/2021. The cutoff for filing dispositive motions is 4/14/2021, with responses filed by 5/14/2021 and and replies by 5/28/2021. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 4/14/2021. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. A Telephonic Status Conference is set for 3/31/2021 at 12:00 p.m. Plaintiff's counsel is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. Judge Benita Y. Pearson on 12/21/2020. (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 12/21/2020. Present were Attorney Jason M. Rebraca as counsel for Plaintiffs and Attorney David A. Wallace as counsel for Defendant. Also present were Plaintiff Joseph Protain and Corporate Representative for Defendant Angel Nayman, Assistant Vice President of Litigation Support for Synchrony Bank. The Court and the parties discussed the underlying facts of the case, the related state court litigation against EnergyWise, and the parties' proposed schedule. The Court amends the parties' proposed case management schedule as discussed. A separate case management order will issue. A Telephonic Status Conference is scheduled for 3/31/2021 at 12:00 p.m. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. (Court Reporter: None); Time: 43 minutes. (JLG) |
| Filing 7 Report of Parties' Planning Meeting parties do not consent to the jurisdiction of the United States Magistrate Judge filed by Synchrony Bank. (Wallace, David) |
| Filing 6 Answer to Complaint #1 filed by Synchrony Bank. (Wallace, David) |
| Filing 5 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 12/21/2020 at 11:00 a.m. before Judge Benita Y. Pearson. Counsel for Plaintiff shall set up the conference call and contact Chambers directly at (330) 884-7435, with all participants on the line. The Court requires personal participation of parties at the Case Management Conference, even when the conference is telephonic. Judge Benita Y. Pearson on 11/18/2020. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4, #5 Attachment No. 5)(S,Ke) |
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Filing 4
Order re Defendant's #3 Unopposed Motion for Extension of 30 Days Until 12/9/2020 to Answer. The Court grants the motion in part. Defendant shall respond to the Complaint on or before 11/23/2020. See Order for additional information. Judge Benita Y. Pearson on 11/10/2020. (JLG)
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| Filing 3 Unopposed Motion for extension of 30 days until 12/09/2020 to answer filed by Defendant Synchrony Bank. (Wallace, David) |
| Filing 2 Magistrate Consent Form issued. (S,Ke) |
| Filing 1 Notice of Removal from Mahoning County, case number 2020 cv 01592 with jury demand, Filing fee paid $ 400, receipt number AOHNDC-10390105.. Filed by Synchrony Bank. (Attachments: #1 Exhibit Summons & Complaint, #2 Exhibit State Court Notice of Filing of Removal, #3 Civil Cover Sheet) (Wallace, David) |
| Judge Benita Y. Pearson assigned to case. (S,Ke) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (S,Ke) |
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