Fifth Third Bank, et al v. Transamerica Life Insurance Company, et al
| Fifth Third Bank |
| Clark Consulting, Inc. and Transamerica Life Insurance Company |
| Federal Reserve Bank of Cleveland |
| Board of Governors of the Federal Reserve System, Michigan Office of Financial and Insurance Regulation and Superintendent John B Reardon |
| 1:2008cv00269 |
| April 17, 2008 |
| US District Court for the Southern District of Ohio |
| Contract: Other Office |
| HAMILTON |
| Sandra S Beckwith |
| Timothy S Hogan |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 149
ORDER: Counsel are to contact Ms. Brown by 12/16/16 to arrange for the retrieval of their sealed pleadings. Any pleadings not retrieved will be discarded. Signed by Judge Sandra S. Beckwith. (mb)
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| IN CAMERA DOCUMENTS submitted to the Court pursuant to #80 returned this date to movant Federal Reserve Bank of Cleveland via their attorney John Lewis of Baker & Hostetler. (One white binder mailed this date via UPS). (art) |
| Filing 148 STIPULATION of Dismissal with Prejudice by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company, Plaintiffs Fifth Third Bank, Fifth Third Bank. (Walton, Victor) |
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Filing 147
ORDER staying the case pending the filing of a stipulation of dismissal with prejudice by 8/27/10. The FPTC & trial dates are vacated. Signed by Judge Sandra S Beckwith on 8/3/10. (mb)
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| Minute Entry: Status conference held held before Judge Sandra S Beckwith. Written order to follow. (Court Reporter MA Ranz (Official).) (mb) |
| Minute Entry: Status conference held before Judge Sandra S Beckwith. A further conference is scheduled for 8/3/10 at 12:00 PM. Counsel for plaintiffs is to initiate the call to chambers. (Court Reporter MA Ranz (Official).) (mb) |
| Minute Entry: Status conference held before Judge Sandra S Beckwith: A further telephone conference is scheduled for 7/30/10 at 4:30 PM. Counsel for plaintiffs is to initiate the call to chambers at 513.564.7610. (Court Reporter MA Ranz (Official).) (mb) |
| Filing 146 MOTION for Leave to Appear Pro Hac Vice of Richard I. Werder, Jr. by Plaintiff Fifth Third Bank. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order) (Walton, Victor) Modified to clarify docket text on 7/23/2010 (jlw1). |
| NOTICE by clerk: A status conference (telephone) is scheduled for July 26, 2010 at 4:30 PM before Judge Beckwith. Counsel for plaintiffs is to initiate the call to counsel at 513.564.7610. (mb) |
| Filing 142 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing under Seal Their Memorandums In Opposition to Plaintiff's Motions in Limine (Gora, Felix) |
| Filing 133 NOTICE by Plaintiff Fifth Third Bank of Filing Under Seal Opposition to Defendants' Motion to Exclude Testimony of Joseph Anastasi, James Hess, Joseph Mahoney, Walter Mix, Charles Morgan and Ezra Zask with Declarations, Opposition to Motion to Exclude Testimony of Thomas Fahey and Supp Declaration of John Pierce with Exhibits (Walton, Victor) |
| Filing 132 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing of Return of Service on Subpoena to Mahesh Sankaran (Gora, Felix) |
| Filing 131 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing of Return of Service on Subpoena to Dan Poston (Gora, Felix) |
| Filing 130 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing of Return of Service on Trial Subpoena to Joseph Knapp (Gora, Felix) |
| Filing 129 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing of Return of Service on Trial Subpoena to Kevin Kabat (Gora, Felix) |
| Filing 128 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing of Return of Service on Trial Subpoena to Mark Hazel (Gora, Felix) |
| Filing 127 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing of Return of Service on Trial Subpoena to John Hancock (Gora, Felix) |
| Filing 126 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing of Return of Service on Trial Subpoena to Albert P. Cliffel III (Gora, Felix) |
| Filing 125 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing of Return of Service on Trial Subpoena to Terry Burns (Gora, Felix) |
| Filing 112 NOTICE by Plaintiff Fifth Third Bank of Filing Under Seal Motions to Exclude Expert Testimony of Timothy Hart, Christopher Mears, and David Mordecai and Declaration of John Pierce in Supp with Exhibits (Walton, Victor) |
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Filing 111
ORDER granting #109 Plaintiff's Motion for Extension of Time until 7/12/10 to respond to the Daubert motions. Signed by Judge Sandra S Beckwith on 6/30/10. (mb)
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| Filing 110 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing Under Seal Their Motions in Limine to Exclude Expert Testimony and Their Exhibits in Support of Their Motions in Limine to Exclude Expert Testimony (Gora, Felix) |
| Filing 109 Unopposed MOTION for Extension of Time New date requested 7/12/2010. for opposing Daubert Motions by Plaintiff Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Walton, Victor) |
| Filing 106 CERTIFICATE OF SERVICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company (Ney, Peter) |
| Filing 105 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing Under Seal the Exhibits in Support of the Reply Memorandum in Further Support of Their Motion for Summary Judgment (Ney, Peter) |
| Filing 104 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing Under Seal a Reply Memorandum in Further Support of Their Motion for Summary Judgment (Ney, Peter) |
| Filing 103 NOTICE by Plaintiff Fifth Third Bank of Filing Plaintiff's Reply Memorandum in Support of Motion for Partial Summary Judgment with Declarations of Hess, Morgan, Mahoney and Pierce with Exhibits Under Seal (Walton, Victor) |
| Filing 96 NOTICE by Plaintiff Fifth Third Bank of Filing Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment with Supporting Declarations and Exhibits Under Seal (Walton, Victor) |
| Filing 95 CERTIFICATE OF SERVICE re Documents #93 & #94 by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company re: Defendants' Memorandum in Opposition to Plaintiff's Partial Motion for Summary Judgment, Exhibits in Support of Defendants' Memorandum and Notices of Filing Memorandum and Exhibits Under Seal (Gora, Felix) Modified to create link to notices on 4/12/2010 (eh1). |
| Filing 94 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing Under Seal Defendants' Exhibits in Support of Their Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment (Gora, Felix) |
| Filing 93 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing Under Seal Defendants Memorandum in Opposition to Plaintiff's Motion for Partial Summary Judgment (Gora, Felix) |
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Filing 92
ORDER granting in part and denying in part defendants' #48 Motion to Compel and enforce subpoenas; granting in part and denying in part plaintiff's #49 Motion to Compel defendants to supplement responses; granting the Federal Reserve Bank's #60 Motion to Quash subpoenas; and granting the State Regulators' #71 Motion for Protective Order. Signed by Magistrate Judge Timothy S Hogan on 4/8/2010. (art)
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| Filing 91 Transcript of Proceedings held on 3/3/2010 re: Hearing on pending discovery motions (second half of oral arguments) held before Magistrate Judge Timothy S. Hogan. Court Reporter/Transcriber Mary Ann Ranz, Official Reporter, Telephone number 513-564-7626. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/13/2010. Redacted Transcript Deadline set for 4/23/2010. Release of Transcript Restriction set for 6/21/2010. (art) |
| Filing 90 Transcript of Proceedings held on 3/3/2010 re: Hearing on pending discovery motions (first half of oral arguments), held before Magistrate Judge Timothy S. Hogan. Court Reporter/Transcriber Jodie Perkins, Official Reporter, Telephone number 513-564-7676. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. Redaction Request due 4/13/2010. Redacted Transcript Deadline set for 4/23/2010. Release of Transcript Restriction set for 6/21/2010. (art) |
| Filing 89 NOTICE by Plaintiff Fifth Third Bank of Firm Name Change (Walton, Victor) |
| Filing 85 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company Under Seal the Declaration of Brenda Lasek Miller in Support of Their Motion for Summary Judgment (Gora, Felix) |
| Filing 84 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing Under Seal Their Motion for Summary Judgment and Supporting Memorandum (Gora, Felix) |
| Filing 83 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Filing Under Seal Their Exhibits in Support of Their Motion for Summary Judgment (Gora, Felix) |
| Filing 82 NOTICE by Plaintiff Fifth Third Bank of Filing of Stipulation and Joint Appendix with Exhibits Under Seal (Walton, Victor) |
| Filing 81 NOTICE by Plaintiff Fifth Third Bank of Filing of Plaintiff's Motion for Summary Judgment and Supporting Documents Under Seal (Walton, Victor) |
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Filing 80
ORDER pursuant to 3/3/2010 #79 Discovery Hearing, plaintiffs and intervenors shall, within (7) days of the date of this order, submit to the Court for in camera review documents responsive to defendants' discovery requests and subpoenas which are claimed to be protected from disclosure by the bank examination privilege and/or other state law privilege. Documents should be submitted on or before 3/11/2010. Signed by Magistrate Judge Timothy S Hogan on 3/4/2010. (art)
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| Filing 79 Minute Entry: Case called this date before Magistrate Judge Timothy S Hogan for Motion Hearing held on 3/3/2010 on pending discovery motions #60 #71 #48 and #49 . Counsel for plaintiffs and defendants present. Arguments heard. Matters taken under submission. Order of the Court to follow. (Court Reporter Jodie Perkins, and MaryAnn Ranz, Official Reporters.) (art) |
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Filing 78
ORDER granting #77 Joint Motion for Extension of Time as follows: Motions Deadline Extended to: 3/5/2010; Response due: 4/9/2010. Reply due: 4/23/2010. Signed by Judge Sandra S Beckwith on 2/22/10. (mb)
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| Notice of Correction re:[FORMER DOC. 76] Joint MOTION for Extension of Time to File removed from the docket and motion terminated at request of counsel due to filing error. Counsel refiled as #77 Joint MOTION for Extension of Time to File. (eh) |
| Filing 77 Joint MOTION for Extension of Time to File New date requested 4/9/2010. by All Plaintiffs and Defendants by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Gora, Felix) |
| Filing 76 [FORMER DOC. 76] Joint MOTION for Extension of Time to File New date requested 4/9/2010. by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Gora, Felix) Modified to remove the pdf on 2/22/2010 (eh). |
| Filing 75 RESPONSE in Opposition re #48 MOTION to Compel and to Enforce Subpoenas filed by Movant Federal Reserve Bank of Cleveland. (Attachments: #1 Exhibit A - U.S. Dept. of Treasury, Capital Purchase Program Materials) (Lewis, John) |
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Filing 74
ORDER Setting Hearing on pending discovery Motions #48 MOTION to Compel and to Enforce Subpoenas, #71 MOTION for Protective Order, #60 MOTION to Quash Subpoenas, #49 MOTION to Compel Supplemental Responses: Motion Hearing set for Wednesday, 3/3/2010 at 02:00 PM in Courtroom 701 - Cincinnati before Magistrate Judge Timothy S Hogan. Signed by Magistrate Judge Timothy S Hogan on 2/17/2010. (art)
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| Notice of Correction re: #73 Reply to Response to Motion also contains a RESPONSE in Opposition to #48 MOTION to Compel and to Enforce Subpoenas. Clerk contacted counsel and advised to file document a second time using the event Response in Opposition to Motion. (eh1) |
| Filing 73 REPLY to Response to Motion re #60 MOTION to Quash Subpoenas filed by Movant Federal Reserve Bank of Cleveland. (Attachments: #1 Exhibit A - U.S. Dept. of Treasury, Capital Purchase Program materials) (Lewis, John) |
| Filing 72 RESPONSE in Opposition re #48 MOTION to Compel and to Enforce Subpoenas filed by Intervenor Board of Governors of the Federal Reserve System. (Mizusawa, Yvonnne) |
| Filing 71 MEMORANDUM in opposition to #48 MOTION to Compel and Enforce Subpoenas, and MOTION for Protective Order by Intervenor Parties Michigan Office of Financial and Insurance Regulation, John B Reardon, Superintendent of Financial Institutions of Ohio. (art) |
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Filing 70
ORDER granting Superintendent of Financial Institutions of Ohio John B Reardon's #54 Motion to Intervene; and granting Michigan Office of Financial and Insurance Regulation's #59 Motion to Intervene for the limited purposed of opposing defendants' motion to compel and enforce subpoenas, and for protecting certain privileged information from disclosure in accordance with applicable law. Further, intervenors joint combined memorandum in opposition to defendants' motion to compel and to enforce subpoenas and motion for a protective order is deemed to be filed on the date of this entry. Signed by Magistrate Judge Timothy S Hogan on 2/3/2010. (art)
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| Filing 69 REPLY to Response to Motion re #48 MOTION to Compel and to Enforce Subpoenas filed by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Attachments: #1 Exhibit A) (Gora, Felix) |
| Filing 68 REPLY to Response to Motion re #49 MOTION to Compel Supplemental Responses filed by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Walton, Victor) |
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Filing 67
ORDER granting #58 Motion for Leave for attorney Michael P. Farrell to Appear as trial counsel for the Michigan Office of Financial & Insurance Regulation. Signed by Judge Sandra S Beckwith on 1/28/10. (mb)
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Filing 66
SCHEDULING ORDER: DDL: 2/5/2010; Motions due: 3/5/2010; Final Pretrial Conference RESET for 8/11/2010 at 9:00 AM; Trial RESET for 8/23/2010 at 1:00 PM. Signed by Judge Sandra S Beckwith on 1/25/10. (mb)
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Filing 65
AMENDED CALENDAR ORDER: Defendants' motion #47 to alter scheduled in this matter is Granted. Discovery deadline reset for 2/5/2010; Dispositive motions deadline reset for 3/5/2010; Final Pretrial Conference tentatively set for 7/2010 before Judge Sandra S Beckwith; Jury Trial tentatively set for 8/2010 before Judge Sandra S Beckwith; Memorandum in opposition to motion to intervene deadline set for 1/29/2010; Reply memorandum to motion to intervene deadline set for 2/15/2010; Intervenor Board of Govenors of the Federal Reserve System's motion #61 to intervene is Granted. Parties shall contact this Court after 2/15/2010 to schedule a hearing on the pending discovery motions filed in this matter. Signed by Magistrate Judge Timothy S Hogan on 1/25/2010. (art)
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| Filing 64 Minute Entry: Case called this date before Magistrate Judge Timothy S Hogan for telephone Conference re: defendants' motion #47 to Alter Schedule held on 1/22/2010. Counsel for plaintiffs and defendants present via telephone. Defendant's #47 Motion to Alter scheduled was granted. Intervenor's #61 Motion to Intervene was Granted. Case calendar will be amended. Order of the Court to follow. Parties will contact the Court after 2/15/10 to set up a hearing on the pending discovery motions filed in this matter. (Court Reporter none present.) (art) |
| Filing 63 NOTICE SETTING MATTER FOR Telephone Conference re: defendants' Motion to Alter Schedule #47 set for Friday, 1/22/2010 at 03:00 PM before Magistrate Judge Timothy S Hogan. Parties are instructed to contact chambers (5) minutes before the scheduled start time of the conference. (513) 564-7650. (art) |
| Filing fee: $ 200.00, receipt number 100CIN7408 re #58 Motion for Leave to Appear Pro Hac Vice. (eh1) |
| Filing 62 REPLY to Response to Motion re #47 MOTION to Alter Schedule filed by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Ney, Peter) |
| Filing 61 Unopposed MOTION to Intervene by Intervenor Board of Governors of the Federal Reserve System. (Attachments: #1 Exhibit Memorandum of Law in Support of Unopposed Motion to Intervene by Non-Party the Board of Governors of the Federal Reserve System and in Opposition to Motion to Compel, #2 Exhibit Exhibit A to Memorandum of Law, #3 Exhibit Exhibit B to Memorandum of Law) (Mizusawa, Yvonnne) |
| Filing 60 MOTION to Quash Subpoenas by Movant Federal Reserve Bank of Cleveland. (Attachments: #1 Memorandum in Support of Motion to Quash Subpoenas and In Opposition to Motion to Compel and to Enforce Subpoenas, #2 Affidavit Declaration of Mark B. Greenlee, #3 Exhibit A - Interagency Statement, #4 Exhibit B - Subpoenas, #5 Exhibit C - 9-9-09 Ltr to Peter Ney from Mark B. Greenlee, #6 Exhibit D - 9-15-09 Ltr to Peter Ney from Board of Governors, #7 Text of Proposed Order Proposed Order) (Lewis, John) |
| Filing 59 MOTION to Intervene for the limited purpose of responding to defendants' motion to compel and to enforce subpoenas (doc. 48) by Intervenor Michigan Office of Financial and Insurance Regulation. (mb) |
| Filing 58 MOTION for Leave for attorney Michael Farrell to Appear Pro Hac Vice as counsel for the Michigan Office of Financial and Insurance Regulation. (mb) (Additional attachment(s) added on 1/20/2010: #1 Filing Fee Receipt) (eh1). |
| Filing 57 RESPONSE in Opposition re #49 MOTION to Compel Supplemental Responses filed by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Attachments: #1 Exhibit Clark's Answers to 1st Set Interrogatories, #2 Exhibit Transamerica's Answers to Second Set Interrogatories, #3 Exhibit Defendants' Responses to First Set Requests for Admissions) (Gora, Felix) |
| Filing 56 NOTICE of Appearance by John B Lewis for Movant Federal Reserve Bank of Cleveland (Lewis, John) |
| Filing 55 RESPONSE to Motion re #48 MOTION to Compel and to Enforce Subpoenas Memorandum of Law in Support of Unopposed Motion to Intervene by Non-Party the Board of Governors of the Federal Reserve System and in Opposition to Motion to Compel filed by Intervenor Board of Governors of the Federal Reserve System. (Attachments: #1 Exhibit A, #2 Exhibit B) (Mizusawa, Yvonnne) |
| Filing 54 MOTION to Intervene by Intervenor John B Reardon. (Attachments: #1 Exhibit A - Combined (1) Memorandum in Opposition to Defendants' Motion to Compel and to Enforce Subpoenas, & (2) Motion for Protective Order, #2 Exhibit B - Defendants' 1st Subpoena, #3 Exhibit C - Defendants' 2d Subpoena, #4 Affidavit of Robert J. Rusbacky, #5 Text of Proposed Order) (Cole, William) |
| Filing 52 NOTICE OF FILING UNDER SEAL (doc. 53) memorandum in opposition to defendants' motion to compel and to enforce subpoenas by Plaintiff Fifth Third Bank re #48 . (Walton, Victor) Modified on 1/13/2010 (mb). Modified on 1/13/2010 (mb). |
| Filing 51 ANSWER with Jury Demand to #44 Amended Complaint by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Ney, Peter) Modified docket text on 1/5/2010 (eh1). |
| Filing 50 RESPONSE in Opposition re #47 MOTION to Alter Schedule filed by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Affidavit Ong Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R) (Walton, Victor) |
| Filing 49 MOTION to Compel Defendants to Supplement Responses to Clark's Answers to first set of interrogatories, Transamerica's answers to plaintiff's second set of interrogatories, and defendants' responses to plaintiffs' first set of requests for admissions by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Affidavit Certificate in Support of Plaintiff's Motion to Compel Supplemental Responses, #2 Exhibit Exhibit A to Certificate in Support of Plaintiff's Motion to Compel Supplemental Responses, #3 Exhibit Exhibit B to Certificate in Support of Plaintiff's Motion to Compel Supplemental Responses, #4 Exhibit Exhibit C to Certificate in Support of Plaintiff's Motion to Compel Supplemental Responses, #5 Exhibit Exhibit D to Certificate in Support of Plaintiff's Motion to Compel Supplemental Responses, #6 Text of Proposed Order Proposed Order) (Walton, Victor) Modified on 1/13/2010 (mb). |
| Filing 48 MOTION to Compel and to Enforce Subpoenas by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Attachments: #1 Supplement Memorandum in Support of Defendants' Motion to Compel and to Enforce Subpoenas, #2 Exhibit Defendants' First Request for Production of Documents, #3 Affidavit Certificate in Support of Defendants' Motion to Compel and to Enforce Subpoena, #4 Supplement Order re Motion to Compel and Enforce Subpoena) (Ney, Peter) |
| Filing 47 MOTION to Alter Schedule by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Attachments: #1 Supplement Memorandum in Support of Defendants' Motion to Alter Schedule, #2 Text of Proposed Order Order) (Ney, Peter) |
| Filing 46 NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiffs Fifth Third Bank, Fifth Third Bank re #45 MOTION to Exclude Expert Testimony of Defendants' Unretained "Experts" (Walton, Victor) |
| Filing 45 MOTION to Exclude Expert Testimony of Defendants' Unretained "Experts" by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Exhibit Ex. 1 - Declaration) (Walton, Victor) |
| Filing 44 AMENDED COMPLAINT with JURY DEMAND against Clark Consulting, Inc. and Transamerica Life Insurance Company filed by Fifth Third Bank (an Ohio banking corporation, in its own capacity and as successor to FIFTH THIRD BANK, a Michigan corporation). (mr1) |
| Filing 43 STIPULATION FOR FILING OF AMENDED COMPLAINT AND SUBSTITUTION OF PARTIES. Signed by Magistrate Judge Timothy S Hogan on 12/3/09. (mr1) |
| Notice of Correction re: FORMER DN 42 Stipulation. PDF removed. The Stipulation requires the Judge's signature. Pursuant to current CM/ECF policies and procedures, all proposed orders are to be submitted to judge's chambers via e-mail. They cannot be entered on the Court's docket until they have been signed by the Court. The stipulated order and amended complaint have been printed for the Court's use, but deleted from the docket until such time as it has been signed and approved by the Court. (mr1) |
| Filing 42 *** FORMER DN 42 *** STIPULATION For Filing of Amended Complaint and Substitution of Parties by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: # 1 Exhibit Proposed Amended Complaint) (Walton, Victor) Modified to remove PDF and edit text on 12/3/2009 (mr1). |
| Filing 41 NOTICE by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company of Compliance with Federal Rule of Civil Procedure 26 (Ney, Peter) |
| Filing 40 NOTICE by Plaintiffs Fifth Third Bank, Fifth Third Bank of Compliance (amended to show certificate of service) (Walton, Victor). |
| Filing 39 NOTICE by Plaintiffs Fifth Third Bank, Fifth Third Bank of Compliance with Federal Rule of Civil Procedure 26 (Walton, Victor) |
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Filing 38
ORDER granting #37 Motion for Leave for Christopher Gunderson to Appear Pro Hac Vice as co-counsel for defedants. Signed by Judge Sandra S Beckwith on 10/13/09. (mb)
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| Filing 37 MOTION for Leave to Appear Pro Hac Vice of Christopher S. Gunderson (Filing fee $ 200, receipt number 0648-2340222) by Defendants Clark Consulting, Inc., Transamerica Life Insurance Company. (Attachments: #1 Affidavit Christopher Gunderson pro hac vice, #2 Exhibit Certificate of Good Standing) (Gora, Felix) |
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Filing 36
ORDER granting #35 Joint Motion to Extend Dates as follows: Discovery deadline: 12/22/09; Motions deadline: 1/29/2010; Response due: 2/19/2010; Reply due: 2/26/2010. Counsel will be notified should the court desire oral argument on the dispositive motions. Signed by Judge Sandra S Beckwith on 10/8/09. (mb)
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| Filing 35 Joint MOTION for Extension of Time New date requested 1/29/2010. and Schedule Oral Argument of Summary Judgment Motions by Plaintiffs Fifth Third Bank, Fifth Third Bank, Defendant Transamerica Life Insurance Company. (Attachments: #1 Text of Proposed Order) (Walton, Victor) |
| Filing 34 NOTICE of Informal Discovery Conference set for Thursday, 8/27/2009 at 03:00 PM via telephone before Magistrate Judge Timothy S Hogan. (art, ) |
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Filing 33
ORDER granting #32 Plaintiffs' Motion for Leave for attorney Wu to Appear Pro Hac Vice as co-counsel for plaintiffs. Signed by Judge Sandra S Beckwith on 8/17/09. (mb)
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| Filing 32 MOTION for Leave to Appear Pro Hac Vice of Christina L. Wu (Filing fee $ 200) by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Declaration, #3 Text of Proposed Order Proposed Order) (Walton, Victor) (Additional attachment(s) added on 8/17/2009: #4 Filing Fee Receipt) (eh, ). |
| Filing fee: $ 200.00, receipt number 100CIN006063 re #32 MOTION to APPEAR Pro Hac Vice. (eh, ) |
| Filing 31 NOTICE by Defendants Transamerica Life Insurance Company, Clark Consulting, Inc. of Service (Gora, Felix) |
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Filing 30
ORDER granting #29 Motion for Leave for atty. John Gordon to Appear Pro Hac Vice as co-counsel for plaintiffs. Signed by Judge Sandra S Beckwith on 3/16/09. (mb)
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| Filing fee: $ 200.00, receipt number 100CIN4666 re #29 MOTION for Leave to Appear Pro Hac Vice of John S. Gordon. (eh1, ) |
| Filing 29 MOTION for Leave to Appear Pro Hac Vice of John S. Gordon (Filing fee $ 200) by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Exhibit A - Cert of Good Standing, #2 Exhibit B - Declaration, #3 Text of Proposed Order Proposed Order) (Walton, Victor) (Additional attachment(s) added on 3/16/2009: #4 Filing Fee Receipt) (eh1, ). |
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NOTATION ORDER granting #28 Defendants' Motion to Continue Trial to 5/24/2010. Signed by Judge Sandra S Beckwith on 2/17/09. (mb)
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| Filing 28 Unopposed MOTION to Continue Trial Date by Defendant Transamerica Life Insurance Company. (Gora, Felix) |
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Filing 27
ORDER granting #26 plaintiffs' Motion for Leave for Johanna Ong to Appear Pro Hac Vice as co-counsel. Signed by Judge Sandra S Beckwith on 2/13/09. (mb)
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| Filing 26 MOTION for Leave to Appear Pro Hac Vice of Johanna Y. Ong (Filing fee $ 200) by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Affidavit, #3 Text of Proposed Order Proposed Order) (Walton, Victor) (Additional attachment(s) added on 2/12/2009: #4 Filing Fee Receipt) (eh1, ). |
| Filing fee: $ 200.00, receipt number 100CIN4383 re #26 MOTION for Leave to Appear Pro Hac Vice. (eh1, ) |
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Filing 25
CORRECTED CALENDAR ORDER: Parties to exchange witness list and summary deadline set for 7/22/2009. Signed by Magistrate Judge Timothy S Hogan on 8/12/2008. (art, )
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Filing 24
ORDER granting #23 Motion for Leave for atty. Pierce to Appear Pro Hac Vice as co-counsel for plaintiffs. Signed by Chief Judge Sandra S Beckwith on 8/12/08. (mb)
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| Filing 23 MOTION for Leave to Appear Pro Hac Vice of John M. Pierce (Filing fee $ 200) by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Exhibit Exhibit A Cert of Good Standing, #2 Affidavit Pierce Affidavit, #3 Text of Proposed Order Proposed Order) (Walton, Victor) |
| Filing fee $ 200.00, receipt number CIN002725 received re: #23 Motion to Appear Pro Hac Vice of John M. Pierce. (mtw1) |
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Filing 22
AMENDED SCHEDULING ORDER to correct the discovery deadline. All discovery is to be completed by: 11/16/09. Signed by Chief Judge Sandra S Beckwith on 7/31/08. (mb)
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Filing 21
SCHEDULING ORDER: DDL: 2/13/09; Motions due: 12/15/09; Final Pretrial Conference set for 5/3/2010 at 9:00 AM; Trial set for 5/17/2010 at 1:00 PM. Signed by Chief Judge Sandra S Beckwith on 7/30/08. (mb)
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Filing 20
ORDER granting #18 Motion for Leave for atty. Calamari to Appear Pro Hac Vice as co-counsel for plaintiffs. Signed by Chief Judge Sandra S Beckwith on 7/30/08. (mb)
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Filing 19
CALENDAR ORDER: Plaintiff to identify and produce primary reports deadline set for 8/14/2009; Defendant to identify and produce primary reports deadline set for 9/30/2009; Any rebuttal expert reports deadline set for 10/30/2009; Notice of compliance with Rule 26 deadline set for 11/30/2009; Parties to exchange witness list and summary deadline set for 7/22/2009; Fact discovery deadline 2/13/2009; Expert discovery deadline 11/16/2009; Dispositive motions deadline set for 12/15/2009; Final Pretrial Conference tentatively set for 4/2010 before Chief Judge Sandra S Beckwith; Jury Trial tentatively set for 5/2010 before Chief Judge Sandra S Beckwith. Signed by Magistrate Judge Timothy S Hogan on 7/29/2008. (art, )
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| Filing 18 MOTION for Leave to Appear Pro Hac Vice, MOTION for Leave to Appear Pro Hac Vice of Peter E. Calamari, Esq. (Filing fee $ 200) by Plaintiffs Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Text of Proposed Order Proposed Entry and Order) (Walton, Victor) |
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Filing 17
ORDER granting #12 - #15 Motions for Leave for attys. Mathias, Stratton, Squillario & Clarke to Appear Pro Hac Vice as co-counsel for defendants. Signed by Chief Judge Sandra S Beckwith on 7/29/08. (mb) Modified link to motions on 7/30/2008 (eh1, ).
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| Filing 16 Minute Entry: Case called this date for scheduling conference via telephone held before Magistrate Judge Timothy S Hogan. Counsel for plaintiff and defendant present. Case calendar established. Order of the Court to follow. Scheduling Conference held on 7/29/2008. (Court Reporter none present.) (art, ) |
| Filing fee: $ 200.00 receipt number 100CIN002622 received re: #18 MOTION for Leave to Appear Pro Hac Vice of Peter E. Calamari, Esq. (mtw1) |
| Filing fee: $ 800.00, receipt number 100CIN2602 re #12 , #13 , #14 & #15 MOTIONS for Leave to Appear Pro Hac Vice. (eh1, ) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice of David Clarke, Jr. (Filing fee $ 200) by Defendants Transamerica Life Insurance Company, Clark Consulting, Inc.. (Gora, Felix) (Additional attachment(s) added on 7/28/2008: #1 Filing Fee Receipt) (eh1, ). |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice of Jennifer K. Squillario (Filing fee $ 200) by Defendants Transamerica Life Insurance Company, Clark Consulting, Inc.. (Gora, Felix) (Additional attachment(s) added on 7/28/2008: #1 Filing Fee Receipt) (eh1, ). |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice of Grayson D. Stratton (Filing fee $ 200) by Defendants Transamerica Life Insurance Company, Clark Consulting, Inc.. (Gora, Felix) (Additional attachment(s) added on 7/28/2008: #1 Filing Fee Receipt) (eh1, ). |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice of Robert J. Mathias (Filing fee $ 200) by Defendants Transamerica Life Insurance Company, Clark Consulting, Inc.. (Gora, Felix) (Additional attachment(s) added on 7/28/2008: #1 Filing Fee Receipt) (eh1, ). |
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Filing 11
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Timothy S Hogan on 7/24/2008. (art, )
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| Filing 10 NOTICE of Service by Defendants Transamerica Life Insurance Company, Clark Consulting, Inc. (Gora, Felix) Modified docket text on 7/24/2008 (eh1, ). |
| Filing 9 RULE 26(f) REPORT Joint Discovery Plan by Plaintiff Fifth Third Bank. (Walton, Victor) |
| Filing 8 Corporate Disclosure Statement by Plaintiff Fifth Third Bank. (Walton, Victor) |
| Filing 7 NOTICE of Scheduling Conference set for Tuesday, 7/29/2008 at 10:00 AM via telephone before Magistrate Judge Timothy S Hogan. (art, ) |
| Filing 6 Corporate Disclosure Statement by Defendants Transamerica Life Insurance Company, Clark Consulting, Inc., AEGON N.V., AEGON N.V. identifying Corporate Parent AEGON N.V. for Clark Consulting, Inc., Transamerica Life Insurance Company.. (Gora, Felix) |
| Filing 5 ANSWER to #1 Complaint with Jury Demand by Defendants Transamerica Life Insurance Company, Clark Consulting, Inc.. (Gora, Felix) |
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Filing 4
GENERAL ORDER REFERRING CASE to Magistrate Judge Timothy S. Hogan. Signed by Chief Judge Sandra S. Beckwith. (eh1, )
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Filing 3
ORDER REASSIGNING CASE. Case reassigned to the Clerk's Office for reassignment. Chief Judge Sandra S Beckwith reassigned for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 4/22/2008. (ba1, )
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Filing 2
ORDER REASSIGNING CASE. Case transferred to the Clerk of the U.S. District Court for reassignment to another district judge. Judge S Arthur Spiegel no longer assigned to case (reassigned to Judge Michael R Barrett). Signed by Judge S Arthur Spiegel on 4/22/2008. (km1, )
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| Filing fee: $ 350.00 receipt number 100 001653. (mr1, ) |
| Pursuant to Order of General Reference filed on March 25, 1991, Magistrate Judge Timothy S. Hogan added for purposes of discovery. (mr1, ) Modified to correct date filed on 4/18/2008 (mr1, ). |
| Filing 1 COMPLAINT with JURY DEMAND against Transamerica Life Insurance Company, Clark Consulting, Inc. filed by Fifth Third Bank(a Michigan banking corporation). (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt) (srj1, ) |
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