Wojno v. FirstMerit Corporation et al
| Wojno, Jack Wilkinson, Michael Hafner and Mary H. Wojno |
| FirstMerit Corporation, Steven H. Baer, Phillip A. Lloyd, II, Huntington Bancshares, Inc., Richard Colella, J. Michael Hochschwender, Terry L. Haines, West Subsidiary Corporation, Robert S. Cubbin, Robert W. Briggs, Russ M. Strobel, Lizabeth A. Ardisana, R. Cary Blair, Gina D. France, John C. Blickle, Karen S. Belden and Paul G. Grieg |
| W. Patrick Murray |
| 5:2016cv00461 |
| February 26, 2016 |
| US District Court for the Northern District of Ohio |
| Akron Office |
| Summit |
| Benita Y Pearson |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 96
Order and Final Judgment Entry approving Class Action Settlement and Award of Attorneys' Fees and Expenses re #91 . Judge Benita Y. Pearson on 2/2/2017. (E,CK)
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| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Fairness Hearing held on 2/1/2017. Present were Attorneys Michael J. Palestina, Chris T. Nolan, and Shannon L. Hopkins (by telephone) as class counsel for Plaintiffs; Attorneys Benjamin J. Klein and Hugh E. McKay as counsel for Defendants FirstMerit Corporation, Huntington Bancshares, Inc., and West Subsidiary Corporation; and Attorneys William P. Schuman and Ronald S. Kopp as counsel for individual Defendants. (Court Reporter: Mary Uphold); Time: 33 Minutes. (JLG) Modified text and regenerated NEF's on 2/2/2017 (JLG). |
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Order [non-document] granting plaintiffs' Motion to allow Shannon L. Hopkins, Esq. to attend the 2/1/2017 Fairness Hearing by telephone (Related Doc #94 ). Attorney Hopkins shall contact the Court five minutes prior to the start of the hearing at (330) 884-7435, so that she may be connected to the courtroom. Judge Benita Y. Pearson on 1/30/2017. (E,CK)
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Filing 95
Order The Court hereby excuses the physical appearance of Notice Administrator Kurtzman Carson Consultants LLC at the Fairness Hearing on 2/1/2017. Judge Benita Y. Pearson on 1/27/2017. (E,CK)
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| Filing 94 Motion to attend and Incorporated Memorandum to Allow Shannon L. Hopkins, Esq. to Participate in the February 1, 2017 Fairness Hearing by telephone filed by Michael Hafner, Jack Wilkinson, Mary H. Wojno. (Nolan, Chris) |
| Filing 93 Affidavit of Daniel J. Morotto Regarding Mailing of the Summary Notice filed by FirstMerit Corporation, Huntington Bancshares, Inc., West Subsidiary Corporation. Related document(s) #90 . (Attachments: #1 Exhibit A Short and Long Form Notices, Exhibit B Notice )(Klein, Benjamin) Modified text and exhibit descriptions on 1/25/2017 (H,SN). |
| Filing 92 Affidavit of Benjamin D. Klein filed by FirstMerit Corporation, Huntington Bancshares, Inc., West Subsidiary Corporation. Related document(s) #90 . (Attachments: #1 Exhibit A CAFA Notice of Proposed Settlement and Exhibit B Registered Holders)(Klein, Benjamin) Modified text and exhibit descriptions on 1/25/2017 (H,SN). |
| Filing 91 Motion Final Approval of Class Action Settlement and Application for Award of Attorneys' Fees and Expenses filed by Michael Hafner, Jack Wilkinson, Mary H. Wojno. (Attachments: #1 Brief in Support Memo in Support of Plaintiffs' Motion for Final Approval of Class Action Settlement and Application for Award of Attorneys' Fees and Expenses, #2 Proposed Order Proposed Order and Final Judgment, #3 Schedule Hopkins Declaration, #4 Exhibit 1 - LK Firm Resume, #5 Exhibit 2 - Palestina Declaration, #6 Exhibit 3 - Long Declaration & resume, #7 Exhibit 4 - Goldenberg Declaration, #8 Exhibit 5 - Nolan Declaration, #9 Exhibit 6 - Stipulation of Settlement, #10 Exhibit 7 - Keath Declaration, #11 Exhibit 8 - In re Complete Genomics Transcript, #12 Exhibit 9 - Nichting v. DPL, #13 Exhibit 10 - In re GeoEye, #14 Exhibit 11 - Denney v. Wallace, #15 Exhibit 12 - McGill v. Hake, #16 Exhibit 13 - In re Kraft Foods Group, #17 Exhibit 14 - Bunyan v Ordan)(Nolan, Chris) |
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Filing 90
Scheduling Order and Order Preliminarily Approving Proposed Settlement with Fairness Hearing to be held on 2/1/2017 at 1:30 p.m. in Courtroom 351 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 10/31/2016. (Attachments: #1 Exhibit A - Short Form Notice, #2 Exhibit B - Long Form Notice). (JLG)
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| Filing 89 Second Supplemental Submission in Support of to #78 Unopposed Motion for preliminary approval of settlement, notice, and class certification filed filed by All Plaintiffs. Related document(s) #78 . (Attachments: #1 Proposed Order Scheduling Order and Order Preliminarily Approving Proposed Settlement [Resolving ECF No. 78], #2 Exhibit A - Summary Notice, #3 Exhibit B - Long Form Notice)(Nolan, Chris) Modified text on 10/27/2016 (H,SN). |
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Filing 88
Order The Court has considered that submitted by the parties and suggests further edits as indicated on the attached documents. Counsel shall review the attached, edit as reasonably required, execute, and return to the Court for issuance, within seven (7) days of the date of this Order. Judge Benita Y. Pearson on 10/20/2016. (Attachments: #1 [Amended Proposed] Scheduling Order and Order Preliminarily Approving Proposed Settlement, #2 Exhibit A - Summary Notice, #3 Exhibit B - Long Form Notice) (JLG)
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| Filing 87 Supplemental Submission in Support of #78 Unopposed Motion for Preliminary Approval of Settlement, Notice and Class Certification filed by Michael Hafner, Jack Wilkinson, Mary H. Wojno. Related document #78 . (Attachments: #1 Proposed Order Amended Proposed Scheduling Order and Order Preliminarily Approving Proposed Settlement, #2 Exhibit A - Summary Notice, #3 Exhibit B - Long Form Notice)(Nolan, Chris) Modified text, corrected event, and resent NEF on 10/17/2016 (E,CK). |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Motion Hearing on the parties' request for preliminary approval of settlement, notice, and class certification (ECF No. #78 ) held on 10/7/2016. Present were Attorneys Sebastiano Tornatore, Meghan Daley, and Michael J. Palestina (telephonic appearance) as counsel for Plaintiffs; and Attorneys Benjamin D. Klein, William P. Schuman and Hugh E. McKay as counsel for Defendants. Not later than 10/14/2016, Class Counsel shall file amended documents, as required to comply with the discussion had on the record with the Court. (Court Reporter: Mary Uphold); Time: 45 Minutes. (JLG) |
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Order [non-document] granting #86 Motion for Leave to Withdraw and Substitute Counsel for Defendant FirstMerit Corporation. Attorneys Daniel R. Warren, Steven M. Dettelbach and Brett A. Wall are permitted to withdraw as counsel for Defendant FirstMerit Corporation, and Attorneys Hugh E. McKay, Robert W. Trafford, Jay A. Yurkiw, L. Bradfield Hughes, Stephen R. DiPrima and Benjamin D. Klein shall be substituted as counsel of record for Defendant FirstMerit Corporation. Judge Benita Y. Pearson on 10/6/2016. (JLG) Modified text and regenerated NEF's on 10/6/2016 (JLG).
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| Filing 86 Motion for leave to Withdraw and Substitute Counsel for Defendant FirstMerit Corporation filed by Defendant FirstMerit Corporation. (Warren, Daniel) |
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Filing 85
Order granting #80 Motion and Incorporated Memorandum to Allow Michael J. Palestina, Esq. to Participate in the 10/7/2016 Preliminary Approval Hearing by Telephone. Mr. Palestina may be excused from physical appearance. However, Mr. Palestina's appearance by telephone is subject to technical availability. Mr. Palestina is to call Chambers directly at 330-884-7435, promptly at 9:50 a.m. on 10/7/2016. Judge Benita Y. Pearson on 10/5/2016. (JLG)
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Filing 84
Order granting Motion for Appearance Pro Hac Vice by Attorney Sebastiano Tornatore for Plaintiffs Mary H. Wojno, Jack Wilkinson and Michael Hafner. 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 #81 ). Judge Benita Y. Pearson on 10/5/2016. (JLG)
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Filing 83
Order re #78 Unopposed Motion for Preliminary Approval of Settlement, Notice, and Class Certification. A Hearing on the motion is set for 10/7/2016 at 10:00 a.m. before Judge Benita Y. Pearson in Courtroom 351, Federal Building - United States Courthouse, 125 Market Street, Youngstown, Ohio. Judge Benita Y. Pearson on 10/5/2016. v(JLG)
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Filing 82
Order In concert with the Order granting the parties' Joint Motion for Extension of Time until 11/2/2016 (ECF No. #79 ), the Hearing on Motion for Preliminary Approval of Settlement Agreement, Certification of Settlement Class and Appointment of Settlement Class Counsel set for 10/7/2016 at 10:00 a.m. is continued until further order of the Court. Judge Benita Y. Pearson on 10/5/2016. (JLG)
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| Filing 81 Motion for attorney Sebastiano Tornatore to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7831818, filed by Michael Hafner, Jack Wilkinson, Mary H. Wojno. (Attachments: #1 Exhibit Certificate of Good Standing)(Nolan, Chris) |
| Filing 80 Motion to attend Preliminary Approval Hearing of Michael J. Palestina, Esq. by telephone filed by Michael Hafner, Jack Wilkinson, Mary H. Wojno. (Nolan, Chris) |
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Filing 79
Order granting (77) Motion for Extension of Time in Case 5:16-CV-00461; granting (44) Motion for Extension of Time in Case 5:16-CV-00723; and granting (33) Motion for Extension of Time in Case 5:16-CV-00762. For good cause shown, the Court's stay of all proceedings shall be extended for an additional 30 days or until 11/2/2016. By that date, the parties shall update the Court on their progress completing all aspects of the anticipated settlement. The parties are cautioned to limit their future filings to the lead case only, Case No. 5:16-CV-461, and refrain from spreading filings to the member cases. ECF No. #45 at Paragraph 6. Judge Benita Y. Pearson on 9/29/2016. Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(JLG)
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| Filing 78 Unopposed Motion for preliminary approval of settlement, notice, and class certification filed by Michael Hafner, Jack Wilkinson, Mary H. Wojno. (Attachments: #1 Brief in Support Memo in Support of Motion, #2 Exhibit Settlement Stipulation, #3 Exhibit Disclosures, #4 Exhibit Resume, #5 Exhibit Resume, #6 Exhibit Resume)(Nolan, Chris) Modified text on 10/5/2016 (E,CK). |
| Filing 77 Joint Motion for extension of stay filed by Michael Hafner, Jack Wilkinson, Michael Hafner, Jack Wilkinson, Mary H. Wojno. Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Nolan, Chris) Modified text on 9/27/2016 (E,CK). |
| Filing 76 Protective Order. Judge Benita Y. Pearson on 9/16/2016. (JLG) |
| Filing 75 Stipulated Motion for protective order and Proposed Order filed by Defendant FirstMerit Corporation. (Warren, Daniel) |
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Order [non-document] granting #74 Joint Motion For Extension of Stay until 10/3/2016. A Hearing on Motion for Preliminary Approval of Settlement Agreement, Certification of Settlement Class and Appointment of Settlement Class Counsel is set for 10/7/2016 at 10:00 a.m. in Courtroom 351 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 8/5/2016. (JLG)
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| Filing 74 Joint Motion For Extension of Stay and Joint Status Report in Furtherance of Settlement filed by Defendant FirstMerit Corporation. (Warren, Daniel) |
| Filing 73 Memorandum of Opinion and Order For the reasons set forth herein, non-party W. Patrick Murray's Motion to Vacate Dkt. Nos. #46 and #63 and for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Counsel Pursuant to the PSLRA, ECF No. #66 , is denied. Judge Benita Y. Pearson on 7/8/2016. (JLG) |
| Filing 72 Reply in support of #66 Motion to vacate Dkt. Nos. 46 and 63 and for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Counsel Pursuant to the PSLRA filed by W. Patrick Murray. (Attachments: #1 Declaration of Jack Landskroner, #2 Exhibit A Email dated 6/2/2016, #3 Exhibit B Transcripts of Settlement Hearing in Delaware Chancery Court, #4 Exhibit C Decision and Order in Supreme Court of New York Case, #5 Exhibit D Order on Motion in Supreme Court of New York Case 12/19/2014, #6 Exhibit E Report by Joel Edan Friedlander) (Landskroner, Jack) Modified to add exhibit descriptions on 7/8/2016 (E,CK). |
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Order [non-document] granting #71 Motion for Extension of Stay for an additional 30 days or 8/8/2016. On or by this date, the parties shall jointly file an updated status report. Meanwhile, in addition to the materials the parties suggest be provided to the Court (see, e.g., ECF No. #71 at paragraph 2), they shall include a document listing all proposed events sequentially and suggesting time frames or cutoffs for all events requiring Court or litigant action. In the future, the parties shall ensure all documents filed are in a text searchable format, not scanned. Judge Benita Y. Pearson on 7/7/2016. (JLG)
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| Filing 71 Joint Submission in Furtherance of Settlement and Motion for Extension of Stay filed by All Defendants. (Attachments: #1 Exhibit A - Memorandum of Understanding)Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Kopp, Ronald) Modified text on 7/7/2016 (H,SN). Modified to create motion event on 7/7/2016 (JLG). |
| Filing 70 Brief in Opposition to Non-Party Patrick W. Murray's Motion to Vacate Docket Nos. 46 and 63, for Appointment as Lead Plaintiff, and for Approval of Lead Counsel filed by All Defendants. Related document(s)(66 in 5:16-cv-00461-BYP). Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Kopp, Ronald) |
| Filing 69 Response to #66 Motion to vacate Dkt. Nos. 46 and 63 and for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Counsel Pursuant to the PSLRA filed by All Plaintiffs. (Attachments: #1 Affidavit Hopkins Declaration, #2 Exhibit 1 - Docket, #3 Exhibit 2 - Order, #4 Exhibit 3 - Memo of Law, #5 Exhibit 4 - Memo in Support, #6 Exhibit 5 - Schedule 14A)(Nolan, Chris) |
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Filing 68
Order Pursuant to the Court's Order on 6/8/2016 staying all proceedings in this action for 30 days, ECF No. #63 , the Case Management Conference scheduled for 6/29/2016 at 1:30 p.m., see ECF No. #41 , is cancelled. Judge Benita Y. Pearson on 6/24/2016. (JLG)
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| Filing 67 Notice of Shareholder Approval of Proposed Merger filed by All Defendants. (Attachments: #1 Exhibit A: FirstMerit June 14, 2016 Form 8-K Filing, #2 Exhibit B: Huntington June 13, 2016 Form 8-K Filing)(Warren, Daniel) |
| Filing 66 Motion to vacate Dkt. Nos. 46 and 63 and for Appointment as Lead Plaintiff and for Approval of Lead Plaintiff's Selection of Counsel Pursuant to the PSLRA filed by Movant W. Patrick Murray. Related document(s) #63 , #46 . (Attachments: #1 Brief in Support, #2 Affidavit Declaration of Jack Landskroner, #3 Exhibit 1 - Notice of pendency of class action, #4 Exhibit 2 - Hirsch v. Lillie Docket, #5 Exhibit 3 - PSLRA notice, #6 Exhibit 4 - Hirsch v. Lillie Order Appointing LP, #7 Exhibit 5 - Hirsch v. Lillie Req for Extension, #8 Exhibit 6 - Certification of Named Plaintiff, #9 Exhibit 7 - RGRD Firm Resume, #10 Proposed Order)(Landskroner, Jack) |
| Filing 65 Letter to Hon. Benita Y. Pearson filed by All Plaintiffs. Related document(s)(64 in 5:16-cv-00461-BYP, 29 in 5:16-cv-00762-BYP, 40 in 5:16-cv-00723-BYP). (Nolan, Chris) |
| Filing 64 Notice of Intent to File Lead Plaintiff Motion Pursuant to Private Securities Litigation Reform Act of 1995 and Response to Joint Motion to Stay (Dkt. No. 62) filed by W. Patrick Murray. (Attachments: #1 Exhibit 1 - Newswire, #2 Exhibit 2 - Order issued in Lambert v Tellabs, Inc., #3 Exhibit 3 - SEC Form 8-K for FirstMerit, #4 Exhibit 4 - Murray Certification, #5 Exhibit 5 - Harvard Article re Disclosure-Only Settlements)Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Landskroner, Jack) |
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Filing 63
Order granting #62 Joint Motion to stay All Proceedings and Withdrawal of Motion for Preliminary Injunction. The Court hereby cancels the preliminary injunction hearing currently scheduled for 6/10/2016. All proceedings in this action are stayed for 30 days. During that time, the Court expects the parties shall confer and provide that which is needed for the Court's consideration of the settlement agreement. Judge Benita Y. Pearson on 6/8/2016. (JLG)
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| Filing 62 Joint Motion to stay All Proceedings and Withdrawal of Motion for Preliminary Injunction filed by Michael Hafner, Jack Wilkinson, Michael Hafner, Jack Wilkinson, Mary H. Wojno. Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Nolan, Chris) |
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Filing 61
Order Plaintiffs' Motion for Preliminary Injunction (ECF No. #53 ) shall come on for hearing on Friday, 6/10/2016 at 3:00 p.m. before Judge Benita Y. Pearson in Courtroom 351, Federal Building - United StatesCourthouse, 125 Market Street, Youngstown, Ohio. Each side shall be prepared to voice its position in no more than 30 minutes each. Lead counsel of record shall confer in order to prepare written stipulations as to all uncontested facts to be presented at the hearing on the motion. Said stipulations shall be filed no later than Wednesday, 6/8/2016. Judge Benita Y. Pearson on 6/2/2016. (JLG)
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| Filing 60 Reply Memorandum in Further Support of Plaintiffs' #53 Motion for Preliminary Injunction filed by All Plaintiffs. Related documents (22 in 5:16-cv-00762-BYP, 33 in 5:16-cv-00723-BYP, 53 in 5:16-cv-00461-BYP). (Attachments: #1 Exhibit A - Kugelman Complaint, #2 Exhibit B - Cooper Industries Complaint) Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP (Nolan, Chris) |
| Filing 59 Opposition to Plaintiffs' #53 Motion for preliminary injunction filed by Lizabeth Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, FirstMerit Corporation, Gina D. France, Paul G. Greig, Terry L. Haines, J. Michael Hochschwender, Huntington Bancshares Incorporated, Philip A. Lloyd, II, Russ M. Strobel, West Subsidiary Corporation, Lizabeth Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, FirstMerit Corporation, Gina D. France, Paul G. Greig, Terry L. Haines, J. Michael Hochschwender, Huntington Bancshares, Inc., Philip A. Lloyd, II, Russ M. Strobel, West Subsidiary Corporation, Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, FirstMerit Corporation, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Huntington Bancshares, Inc., Phillip A. Lloyd, II, Russ M. Strobel, West Subsidiary Corporation. (Attachments: #1 Brief in Support of Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction, #2 Exhibit 1 Final Proxy Statement)Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Kopp, Ronald) Modified text and termed motion event on 6/1/2016 (JLG). |
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Filing 58
Order adopting #56 jointly proposed briefing schedule for Plaintiff's #53 Motion for Preliminary Injunction. Defendants shall file opposition briefs by 5/27/2016; Plaintiffs shall file reply briefs, if any, by 6/1/2016. Judge Benita Y. Pearson on 5/25/2016. (E,CK)
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Filing 57
Order granting #55 Motion for leave to exceed page limitations. Judge Benita Y. Pearson on 5/25/2016. (Related Doc # 55 in case 5:16-cv-00461-BYP; Doc # 34 in case 5:16-cv-00723-BYP; Doc # 23 in case 5:16-cv-00762. (E,CK)
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| Filing 56 Joint Notice Concerning Briefing Schedule filed by Michael Hafner, Jack Wilkinson, Mary H. Wojno. Related document(s)(54 in 5:16-cv-00461-BYP).Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Goldenberg, Jeffrey) |
| Filing 55 Motion for leave to exceed page limitations with attached Motion to Dismiss and Memorandum in Support filed by Lizabeth Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, FirstMerit Corporation, Gina D. France, Paul G. Greig, Terry L. Haines, J. Michael Hochschwender, Huntington Bancshares Incorporated, Philip A. Lloyd, II, Russ M. Strobel, West Subsidiary Corporation, Lizabeth Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, FirstMerit Corporation, Gina D. France, Paul G. Greig, Terry L. Haines, J. Michael Hochschwender, Huntington Bancshares, Inc., Philip A. Lloyd, II, Russ M. Strobel, West Subsidiary Corporation, Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, FirstMerit Corporation, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Huntington Bancshares, Inc., Phillip A. Lloyd, II, Russ M. Strobel, West Subsidiary Corporation. (Attachments: #1 Exhibit A - Motion to Dismiss and Memorandum in Support, #2 Exhibit 1 to Motion to Dismiss - FirstMerit 2016 10-K/A, #3 Exhibit 2 to Motion to Dismiss - Final Proxy Statement, #4 Exhibit 3 to Motion to Dismiss - Wilkinson Demand Letter, #5 Exhibit 4 to Motion to Dismiss - Response to Demand Letter, #6 Proposed Order to Motion for Leave)Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Kopp, Ronald) Modified text on 6/6/2016 (JLG). |
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Filing 54
Order Plaintiffs have filed a Motion for Preliminary Injunction (ECF No. #53 ), wherein Plaintiffs request that the Court mandate a briefing schedule for the motion. By Monday, 5/23/2016, Plaintiffs' counsel shall consult with opposing counsel, and the parties shall jointly file a notice on the Court's docket proposing a briefing schedule. Judge Benita Y. Pearson on 5/19/2016. (JLG)
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| Filing 53 WITHDRAWN - See 6/8/2016 Order, ECF No. #63 . Motion for preliminary injunction filed by Michael Hafner, Jack Wilkinson, Michael Hafner, Jack Wilkinson, Mary H. Wojno. (Attachments: #1 Exhibit 1 to Motion - Proposed Order, #2 Memo in Support of Motion for Preliminary Injunction, #3 Affidavit Transmittal Affidavit of Michael J. Palestina, #4 Exhibit 1 - Definitive Proxy, #5 Exhibit 2 - Press Release, #6 Exhibit 3 - Excerpt from Proxy Statement, #7 Exhibit 4 - Current Report, #8 Proposed Order) Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP (Nolan, Chris) Modified text on 5/23/2016 (E,CK). Modified to denote as withdrawn on 7/11/2016 (JLG). |
| Filing 52 Notice that Defendants Huntington Bancshares Incorporated and West Subsidiary Corporation Do Not Intend to Move For Disqualification of the Court filed by Huntington Bancshares, Inc., West Subsidiary Corporation. Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(McKay, Hugh) |
| Filing 51 Notice of Defendant FirstMerit's Intention to Not Move for Disqualification of the Court filed by FirstMerit Corporation. (Warren, Daniel) |
| Filing 50 Notice Concerning Individual Defendants' Intention Not to File Motion for Disqualification filed by Lizabeth Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France, Paul G. Greig, Terry L. Haines, J. Michael Hochschwender, Philip A. Lloyd, II, Russ M. Strobel. Related document(s)(19 in 5:16-cv-00762-BYP).Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Lopez, Jessica) |
| Filing 49 Notice Concerning Potential Motion for Disqualification filed by All Plaintiffs. Associated Cases: 5:16-cv-00461-BYP, 5:16-cv-00723-BYP, 5:16-cv-00762-BYP(Nolan, Chris) Modified text on 5/13/2016 (H,SN). |
| Filing 48 IMPORTANT Notice: A Telephonic Conference is set for today, 5/12/2016, at 2:00 p.m. before Judge Benita Y. Pearson. Attendance is mandatory for lead counsel and Attorney Steven Dettelbach. All other counsel are welcome as well as clients. Plaintiff's counsel is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Conference held on 5/12/2016. Present were Attorneys Michael J. Palestina, Chris T. Nolan, Shannon L. Hopkins, and Brian Long as counsel for Plaintiffs Wojno and Wilkinson; Attorney Jeffrey S. Goldenberg as counsel for Plaintiff Hafner; Attorneys Brett A. Wall, Daniel R. Warren and Steven M. Dettelbach as counsel for Defendant First Merit; Attorneys Benjamin D. Klein, Hugh E. McKay and Robert W. Trafford as counsel for Defendants Huntington and West Subsidiary; and Attorneys Jessica A. Lopez, Lazar Pol Raynal, Ronald S. Kopp and William P. Schuman as counsel for Director Defendants. Also present were Plaintiff Wojno (assisted by her son Brad Wojno); and Todd Kilpatrick, general counsel for Defendant FirstMerit. Conference held to discuss a potential conflict of interest. Within seven (7) days, Counsel shall file either a motion for disqualification, or a notice that no such motion is forthcoming (filed jointly by Plaintiffs and individually by Defendants First Merit, Huntington, West Subsidiary and Director Defendants). (Court Reporter: Mary Uphold, 330 884-7424); Time: 15 Minutes. (JLG) |
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Filing 47
Order Defendants have confirmed that a motion to dismiss is forthcoming and will be filed not later than 5/20/2016. The Court having ruled that it was not fully persuaded that Plaintiff satisfied the undue prejudice exception to the stay imposed by the PSLRA, now rules that discovery is hereby stayed until the Court resolves the forthcoming motion(s) to dismiss. Judge Benita Y. Pearson on 5/9/2016. Related document(s) #15 , #42 , #43 . (JLG)
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| Filing 46 Stipulation and Consent Order establishing an organizational structure. Judge Benita Y. Pearson on 5/9/2016. (JLG) |
| Filing 45 Stipulation and Consent Order consolidating actions and establishing responsive pleadings deadlines. Judge Benita Y. Pearson on 5/9/2016. (JLG) |
| Filing 44 Motion for extension of time until May 20, 2016 to answer Plaintiff's Complaint filed by Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Phillip A. Lloyd, II, Russ M. Strobel. Related document(s) #1 . (Kopp, Ronald) |
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Order [non-document] granting #44 Motion for Extension of Time until 5/20/2016 to Answer Plaintiff's Complaint. Judge Benita Y. Pearson on 5/9/2016. (JLG)
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| Filing 43 Joint Notice of Defendants' Intent to File a Motion to Dismiss filed by FirstMerit Corporation. Related document(s) #42 .(Warren, Daniel) |
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Filing 42
Order re Plaintiff's Motion for Limited Expedited Discovery and Proceedings, ECF No. #15 . Defendants' Motion for Leave to File Instanter a Surreply (ECF Nos. #40 and #40 -1) is granted. For the reasons set forth herein, unless Defendants inform the Court of their intention to file a motion to dismiss and their ability to do so by the dates on which their responsive pleadings are now due, discovery, albeit possibly more narrow than that suggested by Plaintiff, will begin. Not later than Friday, 5/6/2016, via electronic filing, Defendants are hereby ordered to confirm their intention to file a motion to dismiss and their ability to do so by the dates on which their responsive pleadings are due, i.e., not later than 5/20/2016. Judge Benita Y. Pearson on 5/6/2016.(JLG)
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| Filing 41 Case Management Conference Scheduling Order with Case Management Conference to be held on 6/29/2016 at 1:30 p.m. at Chambers 313 before Judge Benita Y. Pearson. Judge Benita Y. Pearson on 5/5/2016. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4) (JLG) |
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Order [non-document] granting #27 Unopposed Motion for Extension of Time until 5/13/2016 to Answer Amended Complaint. Judge Benita Y. Pearson on 5/4/2016. (JLG)
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Order [non-document] granting #29 Motion for Extension of Time until 5/9/2016 to Respond to Plaintiff's Amended Complaint. Judge Benita Y. Pearson on 5/4/2016. (JLG)
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Order [non-document] granting in part #37 Unopposed Motion for Extension of Time to Answer the First Amended Complaint until 5/20/2016. Judge Benita Y. Pearson on 5/4/2016. (JLG)
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| Filing 40 Motion for leave to File Sur-Reply Instanter filed by Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, FirstMerit Corporation, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Huntington Bancshares, Inc., Phillip A. Lloyd, II, Russ M. Strobel, West Subsidiary Corporation. Related document(s) #38 , #32 , #15 . (Attachments: #1 Exhibit Sur-Reply)(McKay, Hugh) |
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Filing 39
Order granting Motions for Appearance Pro Hac Vice by Attorneys Stephen R. DiPrima and Benjamin D. Klein for Defendants Huntington Bancshares, Inc. and West Subsidiary Corporation. 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 #30 , #31 ). Judge Benita Y. Pearson on 4/28/2016. (JLG)
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| Filing 38 Reply in support of #15 Motion for Limited Expedited Discovery and Proceedings filed by All Plaintiffs. (Nolan, Chris) |
| Filing 37 Unopposed Motion for extension of time until May 23, 2016 to answer the First Amended Complaint filed by Huntington Bancshares, Inc., West Subsidiary Corporation. Related document(s) #14 . (McKay, Hugh) |
| Filing 36 Appendix Exhibit A - Amended Preliminary Proxy Statement (Part 4) filed by All Defendants. Related document(s) #32 , #34 , #35 , #33 . (McKay, Hugh) |
| Filing 35 Appendix Exhibit A - Amended Preliminary Proxy Statement (Part 3) filed by All Defendants. Related document(s) #32 , #34 , #33 . (McKay, Hugh) |
| Filing 34 Appendix Exhibit A - Amended Preliminary Proxy Statement (Part 2) filed by All Defendants. Related document(s) #32 , #33 . (McKay, Hugh) |
| Filing 33 Appendix Exhibit A - Amended Preliminary Proxy Statement (Part 1) filed by All Defendants. Related document(s) #32 . (McKay, Hugh) |
| Filing 32 Opposition to #15 Motion for Limited Expedited Discovery and Proceedings filed by All Defendants. (McKay, Hugh) |
| Filing 31 Motion for attorney Benjamin D. Klein to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7585657, filed by Huntington Bancshares, Inc., West Subsidiary Corporation. (Attachments: #1 Klein)(McKay, Hugh) |
| Filing 30 Motion for attorney Stephen R. DiPrima to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7585631, filed by Huntington Bancshares, Inc., West Subsidiary Corporation. (Attachments: #1 Affidavit)(McKay, Hugh) (G,CA). |
| Filing 29 Motion for extension of time until May 9, 2016 to Respond to Plaintiff's Amended Complaint filed by Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Phillip A. Lloyd, II, Russ M. Strobel. Related document(s) #14 . (Lopez, Jessica) |
| Filing 28 Marginal Order approving #21 Joint Proposed Stipulation and Proposed Order for Briefing Schedule on Plaintiff's Motion for Limited Expedited Discovery and Proceedings. Judge Benita Y. Pearson on 4/15/2016. (JLG) |
| Filing 27 Unopposed Motion for extension of time until May 13, 2016 to answer filed by Defendant FirstMerit Corporation. (Warren, Daniel) |
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Filing 26
Order granting Motions for Appearance Pro Hac Vice by Attorneys William P. Schuman, Lazar Pol Raynal and Lisa Nicole Haidostian for Defendants Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Phillip A. Lloyd, II and Russ M. Strobel. 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 , #23 , #24 ). Judge Benita Y. Pearson on 4/14/2016. (JLG)
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Filing 25
Order granting Motions for Appearance Pro Hac Vice by Attorneys Michael J. Palestina and Christopher R. Tillotson for Plaintiff Mary H. Wojno. 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 #19 , #20 ). Judge Benita Y. Pearson on 4/14/2016. (JLG) (Additional attachment(s) added on 4/14/2016: #1 Corrected Order) (JLG). Modified to attach corrected Order and regenerated NEF's on 4/14/2016 (JLG).
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| Filing 24 Motion for attorney Lisa Nicole Haidostian to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7571390, filed by Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Phillip A. Lloyd, II, Russ M. Strobel. (Attachments: #1 Exhibit A - Declaration, #2 Proposed Order)(Kopp, Ronald) |
| Filing 23 Motion for attorney Lazar Pol Raynal to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7571379, filed by Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Phillip A. Lloyd, II, Russ M. Strobel. (Attachments: #1 Exhibit A - Declaration, #2 Proposed Order)(Kopp, Ronald) |
| Filing 22 Motion for attorney William P. Schuman to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7571338, filed by Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Phillip A. Lloyd, II, Russ M. Strobel. (Attachments: #1 Exhibit A - Declaration, #2 Proposed Order)(Kopp, Ronald) |
| Filing 21 Joint Proposed Stipulation and Proposed Order for a Briefing Schedule on Plaintiff's Motion for Limited Expedited Discovery and Proceedings filed by FirstMerit Corporation. Related document(s) #15 .(Warren, Daniel) |
| Filing 20 Motion for attorney Christopher R. Tillotson to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7569056, filed by Plaintiff Mary H. Wojno. (Attachments: #1 Louisiana Supreme Court Good Standing Certificate)(Nolan, Chris) |
| Filing 19 Motion for attorney Michael J. Palestina to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7569004, filed by Plaintiff Mary H. Wojno. (Attachments: #1 Louisiana Supreme Court Good Standing Certificate)(Nolan, Chris) |
| Filing 18 Notice of Appearance by Attorneys Ronald S. Kopp, Stephen W. Funk and Jessica A. Lopez filed by Lizabeth A. Ardisana, Steven H. Baer, Karen S. Belden, R. Cary Blair, John C. Blickle, Robert W. Briggs, Richard Colella, Robert S. Cubbin, Gina D. France, Paul G. Grieg, Terry L. Haines, J. Michael Hochschwender, Phillip A. Lloyd, II, Russ M. Strobel. (Kopp, Ronald) |
| Filing 17 Proposed Stipulation and Consent Order Consolidating Actions and Establishing Responsive Pleadings Deadlines filed by All Plaintiffs. (Nolan, Chris) |
| Filing 16 Proposed Stipulation and Consent Order Establishing an Organizational Structure filed by All Plaintiffs. (Nolan, Chris) |
| Filing 15 Motion for Limited Expedited Discovery and Proceedings filed by Plaintiff Mary H. Wojno. (Attachments: #1 Motion Exhibit 1 - Proposed Order, #2 Motion Exhibit 2 - Cert Regarding Efforts to Meet and Confer, #3 Memo in Support of Motion for Limited Expedited Discovery and Proceedings, #4 Memo Exhibit 1 - Form S-4, #5 Proposed Order)(Nolan, Chris) |
| Filing 14 Amended complaint against All Defendants. Filed by Plaintiff Mary H. Wojno. (Attachments: #1 Exhibit A Verification and Certification of Mary H. Wojno) (Nolan, Chris) Modified to edit exhibit description on 4/5/2016 (H,SN). |
| Filing 13 Corporate Disclosure Statement identifying Corporate Parent Huntington Bancshares Incorporated for West Subsidiary Corporation filed by West Subsidiary Corporation. (McKay, Hugh) |
| Filing 12 Corporate Disclosure Statement filed by Huntington Bancshares, Inc.. (McKay, Hugh) |
| Filing 11 Corporate Disclosure Statement filed by FirstMerit Corporation. (Warren, Daniel) |
| Filing 10 Attorney Appearance by Steven M. Dettelbach filed by on behalf of FirstMerit Corporation. (Dettelbach, Steven) |
| Filing 9 Attorney Appearance by Daniel R. Warren filed by on behalf of FirstMerit Corporation. (Warren, Daniel) |
| Filing 8 Attorney Appearance by Brett A. Wall filed by on behalf of FirstMerit Corporation. (Wall, Brett) |
| Notice by Clerk that Defendant FirstMerit Corporation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (E,CK) |
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Order [non-document] granting #7 Unopposed Motion for Extension of Time until 4/22/2016 to Answer Complaint. Judge Benita Y. Pearson on 3/22/2016. (JLG)
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Order [non-document] granting #6 Unopposed Motion for Leave to Respond to the Complaint until 4/22/2016. Judge Benita Y. Pearson on 3/22/2016. (JLG)
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| Filing 7 Unopposed Motion for extension of time until 04/22/2016 to answer Complaint filed by Defendant FirstMerit Corporation. (Warren, Daniel) |
| Notice by Clerk that Defendants Huntington Bancshares, Inc. and West Subsidiary Corporation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (E,CK) |
| Filing 6 Unopposed Motion for leave to respond to the Complaint until 4/22/2016 filed by Defendants Huntington Bancshares, Inc. and West Subsidiary Corporation. Related document(s) #1 . (McKay, Hugh) Modified on text 3/21/2016 (E,CK). |
| Filing 5 Return of Service by Clerk by certified mail executed upon West Subsidiary Corporation on 3/2/2016, filed on behalf of Mary H. Wojno. Related document(s) #2 . (S,HR) |
| Filing 4 Return of Service by Clerk by certified mail executed upon Huntington Bancshares, Inc. on 3/2/2016, and FirstMerit Corporation's Registered Agent on 3/3/16, filed on behalf of Mary H. Wojno. Related document(s) #2 . (S,HR) |
| Filing 3 Return of Service by Clerk by certified mail executed upon FirstMerit Corporation on 3/2/2016 (Akron location), filed on behalf of plaintiff. Related document(s) #2 . (S,HR) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (M,TL) |
| Service by Clerk. Summons and Complaint addressed to FirstMerit Corporation (Columbus receipt #7014 2120 0003 9901 3390, Akron receipt #7014 2120 0003 9901 3383), Huntington Bancshares, Inc. (receipt #7014 2120 0003 9901 3406), West Subsidiary Corporation (receipt #7014 2120 0003 9901 3413) placed in U.S. Mail. Type of service: certified mail. (M,TL) |
| Filing 2 Original Summons and Magistrate Consent Form issued for service upon FirstMerit Corporation (Akron and Columbus), Huntington Bancshares, Inc. and West Subsidiary Corporation. (Attachments: #1 Magistrate Consent Form) (M,TL) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number 0647-7500631. Filed by Mary H. Wojno. (Attachments: #1 Civil Cover Sheet, #2 Summons FirstMerit_Akron, #3 Summons FirstMerit_Columbus, #4 Summons Huntington BancShares, #5 Summons West Subsidiary Corp, #6 Verification) (Nolan, Chris) |
| Judge Benita Y. Pearson assigned to case. (M,TL) |
| FILING ERROR - CLERICAL ERROR - 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. Case assignment record reflects Magistrate Judge Burke was randomly assigned. (M,TL) Modified to note filing error and NEF regenerated on 2/29/2016 (M,TL). |
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