Klopfenstein et al v. Fifth Third Bank
Plaintiff: Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney, Scott D. Little and Jessie McQuillen
Defendant: Fifth Third Bank
Case Number: 1:2012cv00851
Filed: November 2, 2012
Court: US District Court for the Southern District of Ohio
Office: Cincinnati Office
County: XX US, Outside State
Presiding Judge: Michael R Barrett
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on December 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2023 Filing 300 REPLY to Response to Motion re #298 MOTION to Strike #297 Notice (Other),,,,, Plaintiffs' Supplemental Declaration filed by Defendant Fifth Third Bank. (Mainigi, Enu)
October 27, 2023 Filing 299 RESPONSE in Opposition re #298 MOTION to Strike #297 Notice (Other),,,,, Plaintiffs' Supplemental Declaration filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit A - Email Between A. Haac and S. Pyser) (Zavareei, Hassan)
October 6, 2023 Filing 298 MOTION to Strike #297 Notice (Other),,,,, Plaintiffs' Supplemental Declaration by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Mainigi, Enu)
September 26, 2023 Filing 297 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney re #286 MOTION for Entry of Judgment, Attorneys' Fees and Costs, and for a Briefing and Class Notice Schedule - Notice of Supplemental Declaration In Support of Plaintiffs' Motion for Attorneys' Fees and Costs (Attachments: #1 Exhibit 1 - Tycko & Zavareei LLP Firm Resume, #2 Exhibit 2 - Tycko & Zavareei LLP Time Entries, #3 Exhibit 3 - Tycko & Zavareei LLP TILA Expense Report, #4 Exhibit 4 - Spangenberg Shibley & Liber Firm Resume, #5 Exhibit 5 - Spangenberg Shibley & Liber TILA Time Report, #6 Exhibit 6 - Spangenberg Shibley & Liber TILA Expense Report, #7 Exhibit 7 - Wagner, McLaughlin & Whittemore, P. A. Firm Resume, #8 Exhibit 8 - Wagner, McLaughlin & Whittemore, P. A. Total TILA Lodestar, #9 Exhibit 9 - Wagner, McLaughlin & Whittemore, P. A. TILA Time Entries, #10 Exhibit 10 - Wagner, McLaughlin & Whittemore, P. A. Expenses, #11 Exhibit 11 - Declaration of Ben Barnow in Support of Plaintiff's Motion for Attorneys Fees and Costs, #12 Exhibit 12 - Declaration of Francis Casey Flynn Jr with TILA Timesheet Attached, #13 Exhibit 13 - Declaration of Jasper D. Ward and TILA Time Entries, #14 Exhibit 14 - Williams & Connolly Rates) (Zavareei, Hassan)
September 25, 2023 Opinion or Order NOTATION ORDER - The following motions addressed evidentiary issues at trial and are therefore DENIED as MOOT: #194 Motion to Exclude Certain Expert Testimony of Dr. Jonathan Walker; #195 Motion to Exclude the Expert Opinions and Testimony of Attorneys M. Patricia Oliver and Michael Simkovic; #196 Motion in Limine to Strike/Exclude the Testimony of Defendant's Expert Dr. Ronald T. Wilcox; #197 Motion in Limine to Strike/Exclude the Testimony of Defendant's Expert Timothy Hart ; and #198 Motion in Limine to Strike/Exclude the Testimony of Defendant's Experts Charles Grice and Joseph Green. Signed by Judge Michael R. Barrett on 9/25/2023. (kkz)
August 23, 2023 Filing 296 NOTICE by Defendant Fifth Third Bank Notice of Withdrawal of Co-Counsel Timothy M. Pellegrino (Mainigi, Enu)
July 17, 2023 Filing 295 REPLY to Response to Motion re #286 MOTION for Entry of Judgment, Attorneys' Fees and Costs, and for a Briefing and Class Notice Schedule filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
July 13, 2023 Filing 294 REPLY to Response to Motion re #282 MOTION for Judgment as a Matter of Law as to Breach of Contract filed by Defendant Fifth Third Bank. (Mainigi, Enu)
July 13, 2023 Filing 293 REPLY to Response to Motion re #284 MOTION for Judgment as a Matter of Law - Plaintiffs' Renewed Motion for Judgment as a Matter of Law or, In the Alternative, For a Partial New Trial filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
July 3, 2023 Filing 292 RESPONSE in Opposition re #286 MOTION for Entry of Judgment, Attorneys' Fees and Costs, and for a Briefing and Class Notice Schedule filed by Defendant Fifth Third Bank. (Mainigi, Enu)
June 26, 2023 Opinion or Order Filing 291 ORDER - The parties' Joint Motion for Extension of Time to File Replies to Rules 50 and 59 Motions (Doc. #290 ) is GRANTED. The Parties' replies are due on July 13, 2023. Signed by Judge Michael R. Barrett on 6/26/2023. (zmc)
June 23, 2023 Filing 290 Joint MOTION for Extension of Time to File Response/Reply as to #282 MOTION for Judgment as a Matter of Law as to Breach of Contract, #284 MOTION for Judgment as a Matter of Law - Plaintiffs' Renewed Motion for Judgment as a Matter of Law or, In the Alternative, For a Partial New Trial New date requested 7/13/2023. by Plaintiffs Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Text of Proposed Order) (Hulick, Kevin)
June 22, 2023 Filing 289 Transcript of Proceedings, Day 6 of Jury Trial, held on April 24, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann Maffia, Telephone number 513-564-7677. 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 7/13/2023. Redacted Transcript Deadline set for 7/24/2023. Release of Transcript Restriction set for 9/20/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
June 15, 2023 Filing 288 RESPONSE in Opposition re #282 MOTION for Judgment as a Matter of Law as to Breach of Contract filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
June 15, 2023 Filing 287 RESPONSE in Opposition re #284 MOTION for Judgment as a Matter of Law - Plaintiffs' Renewed Motion for Judgment as a Matter of Law or, In the Alternative, For a Partial New Trial filed by Defendant Fifth Third Bank. (Mainigi, Enu)
June 12, 2023 Filing 286 MOTION for Entry of Judgment, Attorneys' Fees and Costs, and for a Briefing and Class Notice Schedule by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Attachment A - Judgment in a Civil Case, #2 [Proposed] Order Granting Plaintiffs' Motion for Entry of Judgment Attorneys' Fees and Costs and for a Briefing and Class Notice Schedule) (Zavareei, Hassan)
May 30, 2023 Opinion or Order Filing 285 ORDER granting #281 Plaintiffs' Motion to File Video Deposition of Bruce Howard. Signed by Judge Michael R. Barrett on 5/30/2023. (kkz)
May 30, 2023 Opinion or Order NOTATION ORDER terminating #215 , #216 , #218 , #222 , & #223 Motions in Limine. Signed by Judge Michael R. Barrett on 5/30/2023. (kkz)
May 25, 2023 Filing 284 MOTION for Judgment as a Matter of Law - Plaintiffs' Renewed Motion for Judgment as a Matter of Law or, In the Alternative, For a Partial New Trial by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 [Proposed] Order Granting Plaintiffs' Motion for Judgment as a Matter of Law) (Zavareei, Hassan)
May 25, 2023 Filing 283 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney - Declaration of Hassan A. Zavareei for Purposes of Completing the Trial Record (Attachments: #1 Exhibit 1 - Grace Royalty April 7, 2023 Email With Attachments, #2 Exhibit 2 - Enu Maingi April 10, 2023 Email With Attachments, #3 Exhibit 3 - Hassan A. Zavareei April 10, 2023 Email, #4 Exhibit 4 - Krista Zeller April 11, 2023 Email With Attachments, #5 Exhibit 5 - Krista Zeller Second April 11, 2023 Email With Attachments, #6 Exhibit 6 - Steven M. Pyser April 20, 2023 Email With Attachments, #7 Exhibit 7 - Grace Royalty April 24, 2023 Email With Attachments, #8 Exhibit 8 - Anna C. Haac April 24, 2023 Email With Attachments, #9 Exhibit 9 - Steven M. Pyser April 25, 2023 Email With Attachments, #10 Exhibit 10 - Grace Royalty April 25, 2023 Email With Attachments, #11 Exhibit 11 - Grace Royalty Second April 25, 2023 Email With Attachments, #12 Exhibit 12 - Anna C. Haac April 25, 2023 Email With Attachments, #13 Exhibit 13 - Juror Question on Voluntary Payment Doctrine, #14 Exhibit 14 - Demonstrative on Industry Standard APR Formula, #15 Exhibit 15 - Demonstrative on Actual APRs Charged by Fifth Third Bank, #16 Exhibit 16 - Patricia M. Oliver Demonstratives, #17 Exhibit 17 - Arthur Olsen Demonstrative) (Zavareei, Hassan)
May 25, 2023 Filing 282 MOTION for Judgment as a Matter of Law as to Breach of Contract by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Mainigi, Enu)
May 25, 2023 Filing 281 MOTION Leave to File Video of Deposition of Bruce Howard by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 [Proposed] Order Granting Motion for Leave to File Video of Deposition of Bruce Howard) (Zavareei, Hassan)
May 25, 2023 Filing 280 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney - Declaration of Omar Maldonado for Purposes of Completing the Record (Attachments: #1 Exhibit A - Trial Transcript of Video Deposition of Bruce Howard) (Zavareei, Hassan)
May 25, 2023 Opinion or Order Filing 279 ORDER granting #278 Plaintiffs' Motion for Leave to Exceed Page Limit on Length of Memoranda. Signed by Judge Michael R. Barrett on 5/25/2023. (kkz)
May 23, 2023 Filing 278 Unopposed MOTION for Leave to File Memoranda in support of Plaintiffs Renewed Motion for Judgment as a Matter of Law or, in the alternative, for a Partial New Trial by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Whittemore, Jason)
May 23, 2023 Filing 277 Transcript of Proceedings, Day 9 of Jury Trial, held on April 27, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 6/13/2023. Redacted Transcript Deadline set for 6/23/2023. Release of Transcript Restriction set for 8/21/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
May 18, 2023 Filing 276 Transcript of Proceedings, Day 8 of Jury Trial, held on April 26, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 6/8/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 8/16/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
May 12, 2023 Filing 275 Transcript of Proceedings, Day 7 of Jury Trial, Charge Conference held on April 25, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 27, 2023 Opinion or Order Filing 274 LUNCH ORDER. Signed by Judge Michael R. Barrett on 4/27/2023. (kkz)
April 27, 2023 Filing 273 CLERK'S JUDGMENT. Signed by Judge Michael R. Barrett on 4/27/2023. (kkz)
April 27, 2023 Filing 272 JURY VERDICT. (Attachments: #1 interrogatories and verdict form) (kkz)
April 27, 2023 Filing 270 Jury Instructions. (Attachments: #1 interrogatories and verdict form) (kkz)
April 27, 2023 Filing 269 Exhibit List. (kkz)
April 27, 2023 Filing 268 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney - Plaintiffs' Notice of Filing of Bench Memo (Attachments: #1 Exhibit 1 - Plaintiffs Bench Brief In Support Of Motion For Directed Verdict On Defendants Voluntary Payment Defense) (Zavareei, Hassan)
April 27, 2023 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (Day 9) completed on 4/27/2023; counsel present; jury deliberates and returns a verdict. (Court Reporter: Maryann Maffia) (kkz)
April 26, 2023 Filing 267 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney - Plaintiffs' Notice of Filing of Proposed Jury Instructions (Attachments: #1 Exhibit 1 - April 21st, 2023 Draft Jury Instructions with Comments and Edits, #2 Exhibit 2 - Attorney Email Correspondence Regarding Draft Jury Instructions, #3 Exhibit 3 - April 24th, 2023 Draft Jury Instructions with Comments and Edits) (Zavareei, Hassan)
April 26, 2023 Filing 266 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (Day 8) held on 4/26/2023; counsel present; closing arguments; jury deliberates; and will return at 8:45 AM on 4/27/2023. (Court Reporter: Maryann Maffia) (kkz)
April 26, 2023 Filing 265 NOTICE by Defendant Fifth Third Bank of Filing of Documents in Support of Objections to Jury Instructions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Mainigi, Enu)
April 26, 2023 Filing 263 Transcript of Excerpt of Proceedings, morning session, held on April 20, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 5/17/2023. Redacted Transcript Deadline set for 5/30/2023. Release of Transcript Restriction set for 7/25/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 25, 2023 Filing 264 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (Day 7) held on 4/25/2023; counsel present; jury charge conference held; Court in recess until 4/26/2023. (Court Reporter: Maryann Maffia) (kkz)
April 24, 2023 Filing 262 Transcript of Proceedings, Day 5 of Jury Trial, held on 04/21/2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Lisa Conley Yungblut, 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 5/15/2023. Redacted Transcript Deadline set for 5/25/2023. Release of Transcript Restriction set for 7/24/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (lcy)
April 24, 2023 Filing 261 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (day 6) held on 4/24/2023; counsel present; defendant calls witnesses, exhibits admitted and defendant rests; Court in recess until 4/25/2023. (Court Reporter: Maryann Maffia) (kkz)
April 23, 2023 Filing 260 TRIAL BRIEF RESPONSE by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1 (Transcript)) (Mainigi, Enu)
April 23, 2023 Filing 259 Transcript of Excerpt of Proceedings, Jury Trial, Day 4, held on April 20, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 5/15/2023. Redacted Transcript Deadline set for 5/24/2023. Release of Transcript Restriction set for 7/24/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 23, 2023 Filing 258 MOTION to Strike PX-33 and Exclude References to It in Closing Argument by Defendant Fifth Third Bank. (Mainigi, Enu)
April 23, 2023 Filing 257 MOTION to Strike Certain Trial Testimony of Patricia Oliver by Defendant Fifth Third Bank. (Mainigi, Enu)
April 22, 2023 Filing 256 Transcript of Proceedings, Motion Hearing held on April 11, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 5/15/2023. Redacted Transcript Deadline set for 5/23/2023. Release of Transcript Restriction set for 7/21/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 21, 2023 Filing 255 Transcript of Proceedings, Day 3 of Jury Trial, held on April 19, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Linda S. Mullen, Telephone number 513-564-7678. 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 5/12/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/20/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 21, 2023 Filing 254 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (Day 5) held on 4/21/2023; counsel present; defendant calls witnesses and exhibits admitted; Court in recess until 4/24/2023. (Court Reporter: Lisa Conley-Yungblut) (kkz)
April 21, 2023 Filing 253 Transcript of Proceedings, Testimony of Patricia Oliver & Adam McKinney, Jury Trial, Day 2, held on April 18, 2023, before Judge Michael R. Barrett. Court Reporter Sue Lopreato, Telephone number 513.564.7679. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 5/12/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/20/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (mal)
April 21, 2023 Filing 252 MOTION for a Curative Instruction by Defendant Fifth Third Bank. (Mainigi, Enu)
April 20, 2023 Filing 251 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (Day 4) held on 4/20/2023; counsel present; plaintiff calls witness, exhibits admitted, and rests; Rule 50 Motion heard; defendant calls witness and exhibits admitted; Court in recess until 4/21/2023. (Court Reporter: Maryann Maffia) (kkz)
April 19, 2023 Filing 250 Transcript of Excerpt of Proceedings of Jury Trial, Day 2, held on April 18, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 5/10/2023. Redacted Transcript Deadline set for 5/22/2023. Release of Transcript Restriction set for 7/18/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 19, 2023 Filing 249 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (Day 3) held on 4/19/2023; counsel present; plaintiff calls witnesses and exhibits admitted; Court in recess until 4/20/2023. (Court Reporter: Linda Mullin) (kkz)
April 18, 2023 Filing 248 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (Day 2) held on 4/18/2023; counsel present; opening statements; plaintiff calls witnesses and exhibits admitted; Court in recess until 4/19/2023. (Court Reporter: Maryann Maffia/Sue Lopreato) (kkz)
April 17, 2023 Filing 247 Transcript of Excerpt of Proceedings held on Day 1 of Jury Trial, April 17, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 5/8/2023. Redacted Transcript Deadline set for 5/18/2023. Release of Transcript Restriction set for 7/17/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 17, 2023 Filing 246 Minute Entry for proceedings held before Judge Michael R. Barrett: Jury Trial (Day 1) began on 4/17/2023; counsel present; Voir Dire held and jury selected and sworn; the Court Ordered the #243 Plaintiff's Motion for Redaction of Exhibit and Revision to Video Deposition of Witness Bruce Howard GRANTED IN PART AND DENIED IN PART on the record; Court in recess until 4/18/2023 at 9:00 AM. (Court Reporter: Maryann Maffia) (kkz)
April 17, 2023 Filing 245 MOTION for Redaction of Exhibit and Revision to Video Deposition of Witness Bruce Howard (Text Searchable) by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Scott, Stuart)
April 17, 2023 Filing 244 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #243 MOTION FOR REDACTION OF EXHIBIT AND REVISION TO VIDEO DEPOSITION OF WITNESS BRUCE HOWARD filed by Brian Harrison, Janet Fyock, Daniel Laskaris, Lori Laskaris, Adam McKinney., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #243 MOTION FOR REDACTION OF EXHIBIT AND REVISION TO VIDEO DEPOSITION OF WITNESS BRUCE HOWARD filed by Brian Harrison, Janet Fyock, Daniel Laskaris, Lori Laskaris, Adam McKinney. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/18/2023. (bjc)
April 16, 2023 Filing 243 MOTION FOR REDACTION OF EXHIBIT AND REVISION TO VIDEO DEPOSITION OF WITNESS BRUCE HOWARD by Plaintiffs Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Zavareei, Hassan)
April 16, 2023 Filing 242 TRIAL BRIEF by Plaintiffs Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
April 16, 2023 Filing 241 Transcript of Proceedings, Phone Conference held on April 14, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 5/8/2023. Redacted Transcript Deadline set for 5/17/2023. Release of Transcript Restriction set for 7/17/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 14, 2023 Filing 240 OBJECTIONS by Defendant Fifth Third Bank to the Deposition Designations of Bruce Howard (Attachments: #1 Exhibit A. Howard Deposition Designations) (Mainigi, Enu) Modified Docket Text to Match Document on 4/14/2023 (bjc).
April 14, 2023 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/14/2023; Hassan Zavareei, Stuart Scott, Anna Haac, and Kevin Hulick appeared for the plaintiffs; Enu Mainigi, Craig Singer, Steven Pyser, Timothy Pellegrino and Amy McKinlay appeared for defendant; trial matters discussed; trial to commence on 4/17/2023. (Court Reporter: Maryann Maffia) (kkz)
April 13, 2023 Minute Entry for proceedings held before Judge Michael R. Barrett: Final Pretrial Conference/Motion Hearing held on 4/12/2023; counsel present; trial procedures discussed; the Court ordered the follow: #194 and #195 Defendant's Motions to Exclude, #196 #197 #198 Plaintiffs' Motions in Limine, and #203 Plaintiffs' Motion to Strike are DENIED to the extent they raise Daubert issues. To the extent they seek to limit testimony of these witnesses, they are TAKEN UNDER ADVISEMENT except that Wilcox may not introduce his "salient" market analysis; and the customer survey (Oliver Wyman report) is excluded. The Court discussed on the record other limitations on other witnesses with the parties; #212 and #213 Defendant's Motions in Limine Nos. 1 and 2 are GRANTED in PART and DENIED in PART. The parties are not to discuss the Court's rulings on TILA directly nor are they to imply that TILA permits non-accurate disclosures or that the APR has no bearing on the parties' intent; #214 Defendant's Motion in Limine No. 3 is DENIED but subject to the limitations and instruction given by the Court; #215 and #216 Defendant's Motions in Limine Nos. 4 and 5 are TAKEN UNDER ADVISEMENT but subject to limitations and instruction given by the Court; #217 Defendant's Motion in Limine No. 6 is GRANTED in PART and DENIED in PART. Plaintiffs are not to discuss Fifth Third's financial condition but may discuss Early Access Loan profits; #219 Defendant's Motion in Limine No. 8 is GRANTED at this time; #220 Defendant's Motion in Limine No. 9 is DENIED. The emails are admissible with certain redactions; #222 and #223 Plaintiffs' Motions in Limine Nos. 1-8 and 9-28 are TAKEN UNDER ADVISEMENT; The foregoing rulings are advisory and subject to modification based upon the presentation of evidence. (Court Reporter: Maryann Maffia) (kkz)
April 12, 2023 Filing 239 Transcript of Proceedings, Cont'd motion hearing held on April 12, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 5/3/2023. Redacted Transcript Deadline set for 5/15/2023. Release of Transcript Restriction set for 7/11/2023. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Maffia, Maryann)
April 12, 2023 NOTICE of Hearing: Please be aware that a Status Conference is set for 4/14/2023 at 11:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/16/2022 for conferencing instructions. (kkz)
April 11, 2023 Minute Entry for proceedings held before Judge Michael R. Barrett: Final Pretrial Conference held on 4/11/2023; counsel present; arguments heard regarding pending motions; trial procedures discussed; conference in recess until 4/12/2023 at 11:00 AM. (Court Reporter: Maryann Maffia) (kkz)
April 10, 2023 Filing 238 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney re #221 Proposed Jury Instructions - Plaintiffs' Supplemental Statement of Position Regarding Proposed Jury Instruction No. 3 (Law of the Case) (Zavareei, Hassan)
April 10, 2023 Filing 237 RESPONSE in Opposition re #220 MOTION in Limine No. 9 (Motion to Exclude Evidence Purporting to Show Fifth Third Knew the Disclosed APR Was Inaccurate) filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
April 10, 2023 Filing 236 RESPONSE in Opposition re #217 MOTION in Limine No. 6 (Motion to Exclude Discussion of Fifth Third's Financial Condition and Early Access's Profitability) filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
April 10, 2023 Filing 235 RESPONSE in Opposition re #216 MOTION in Limine No. 5 (Motion to Exclude Irrelevant and Inflammatory Rhetoric) filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
April 10, 2023 Filing 234 RESPONSE in Opposition re #215 MOTION in Limine No. 4 (Motion to Exclude Evidence and Argument Critical of Banks or Large Corporations) filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
April 10, 2023 Filing 233 RESPONSE in Opposition re #213 MOTION in Limine No. 2 (Motion to Exclude Reference to the Sixth Circuit Opinion) filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
April 10, 2023 Filing 232 RESPONSE in Opposition re #219 MOTION in Limine No. 8 (Motion to Exclude References to Other Litigation or Proceedings Concerning Form Contracts) filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
April 10, 2023 Filing 231 RESPONSE in Opposition re #218 MOTION in Limine No. 7 (Motion to Exclude Evidence and Argument Related to Fifth Third's Cancellation, Overdraft Ordering, and Monthly Statement Fee Policies) filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
April 10, 2023 Filing 230 RESPONSE in Opposition re #214 MOTION in Limine No. 3 (Motion to Preclude Plaintiffs from Eliciting Inadmissible "Corporate" Testimony from Ben Mendelsohn filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
April 10, 2023 Filing 229 RESPONSE in Opposition re #212 MOTION in Limine No. 1 (Motion to Exclude Reference to the Court's Summary Judgment Decision) filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
April 10, 2023 Opinion or Order Filing 228 ORDER granting #226 Defendant's Motion for Leave to File. Signed by Judge Michael R. Barrett on 4/10/2023. (kkz)
April 10, 2023 Filing 227 RESPONSE in Opposition re #223 MOTION in Limine - Plaintiffs' Motions in Limine Nos. 9-28, #222 MOTION in Limine - Plaintiffs' Motions in Limine Nos. 1-8 filed by Defendant Fifth Third Bank. (Attachments: #1 Exhibit A. Transcript of M. Erhardt) (Mainigi, Enu)
April 7, 2023 Filing 226 Unopposed MOTION for Leave to File Omnibus Opposition to Plaintiffs' Motions in Limine by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order Proposed Order) (Mainigi, Enu)
April 6, 2023 Filing 225 REPLY to Response to Motion re #203 MOTION to Strike "Supplemental" Expert Disclosure of Timothy H. Hart Pursuant to Rule 37(C), #208 MOTION Leave to Serve Supplemental Report of Timothy Hart - Plaintiffs' Reply on Motion to Strike "Supplemental" Expert Disclosure of Timothy Hart and Opposition to Defendant's Cross-Motion filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
April 6, 2023 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/6/2023; Hassan Zavareei, Jason Whittemore, and Stuart Scott appeared for Plaintiffs; Enu Mainigi, Amy McKinlay, and Craig Singer appeared for Defendant; case and trial matters discussed; a Final Pretrial Conference is set for 4/11/2023 at 10:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (kkz)
April 5, 2023 Filing 224 REPLY to Response to Motion re #198 MOTION in Limine to Strike/Exclude the Testimony of Defendant's Experts Charles Grice and Joseph Green filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
April 3, 2023 Filing 223 MOTION in Limine - Plaintiffs' Motions in Limine Nos. 9-28 by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
April 3, 2023 Filing 222 MOTION in Limine - Plaintiffs' Motions in Limine Nos. 1-8 by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1 - Excerpts from Fifth Third's First Privilege Log) (Zavareei, Hassan)
April 3, 2023 Filing 221 Joint Proposed Jury Instructions by Defendant Fifth Third Bank. (Attachments: #1 Exhibit A. Plaintiffs' Proposed Verdict Forms, #2 Exhibit B. Fifth Third's Proposed Verdict Forms) (Mainigi, Enu)
April 3, 2023 Filing 220 MOTION in Limine No. 9 (Motion to Exclude Evidence Purporting to Show Fifth Third Knew the Disclosed APR Was Inaccurate) by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Mainigi, Enu)
April 3, 2023 Filing 219 MOTION in Limine No. 8 (Motion to Exclude References to Other Litigation or Proceedings Concerning Form Contracts) by Defendant Fifth Third Bank. (Mainigi, Enu)
April 3, 2023 Filing 218 MOTION in Limine No. 7 (Motion to Exclude Evidence and Argument Related to Fifth Third's Cancellation, Overdraft Ordering, and Monthly Statement Fee Policies) by Defendant Fifth Third Bank. (Mainigi, Enu)
April 3, 2023 Filing 217 MOTION in Limine No. 6 (Motion to Exclude Discussion of Fifth Third's Financial Condition and Early Access's Profitability) by Defendant Fifth Third Bank. (Mainigi, Enu)
April 3, 2023 Filing 216 MOTION in Limine No. 5 (Motion to Exclude Irrelevant and Inflammatory Rhetoric) by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1 (T. Kappes Transcript), #2 Exhibit 2 (T. Carpenter Transcript)) (Mainigi, Enu)
April 3, 2023 Filing 215 MOTION in Limine No. 4 (Motion to Exclude Evidence and Argument Critical of Banks or Large Corporations) by Defendant Fifth Third Bank. (Mainigi, Enu)
April 3, 2023 Filing 214 MOTION in Limine No. 3 (Motion to Preclude Plaintiffs from Eliciting Inadmissible "Corporate" Testimony from Ben Mendelsohn by Defendant Fifth Third Bank. (Mainigi, Enu)
April 3, 2023 Filing 213 MOTION in Limine No. 2 (Motion to Exclude Reference to the Sixth Circuit Opinion) by Defendant Fifth Third Bank. (Mainigi, Enu)
April 3, 2023 Filing 212 MOTION in Limine No. 1 (Motion to Exclude Reference to the Court's Summary Judgment Decision) by Defendant Fifth Third Bank. (Mainigi, Enu)
March 31, 2023 NOTICE of Hearing: Please be aware that the Final Pretrial Conference has been CONVERTED into a Status Conference and remains set for 4/5/2023 at 4:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/16/2022 for conferencing instructions. (kkz)
March 31, 2023 NOTICE of Hearing: Please note that a Final Pretrial Conference is set for 4/12/2023 at 1:00 PM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (kkz)
March 31, 2023 Opinion or Order NOTATION ORDER denying as moot #159 Defendant's Motion to Bifurcate, subject to further discussion during the telephone status conference set for 4/5/2023. Signed by Judge Michael R. Barrett on 3/31/2023. (kkz)
March 30, 2023 Opinion or Order Filing 211 ORDER granting #210 Motion for Extension of Time to File. Signed by Judge Michael R. Barrett on 3/30/2023. (kkz)
March 29, 2023 Filing 210 Joint MOTION for Extension of Time to File New date requested 3/31/2023. the Joint Pretrial Order (to 3/31/2023) and Jury Instructions (to 4/3/2023) by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Mainigi, Enu)
March 29, 2023 Opinion or Order Filing 209 ORDER granting in part and denying in part #172 Plaintiffs' Motion for Partial Summary Judgment - Plaintiffs' Motion is denied on their breach of contract claim, and Plaintiffs' Motion is granted on their TILA claim; denying #185 Plaintiffs' Supplemental Motion for Summary Judgment as to Notice on the Breach of Contract Claim; and denying #186 Defendant's Motion for Summary Judgment on Breach of Contract Claim. Signed by Judge Michael R. Barrett on 3/29/2023. (kkz)
March 23, 2023 Filing 208 MOTION Leave to Serve Supplemental Report of Timothy Hart by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Ex. A, Discovery Correspondence, #2 Exhibit Ex. B, Deposition Correspondence) (Mainigi, Enu)
March 23, 2023 Filing 207 RESPONSE in Opposition re #203 MOTION to Strike "Supplemental" Expert Disclosure of Timothy H. Hart Pursuant to Rule 37(C) filed by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Ex. A, Discovery Correspondence, #2 Exhibit Ex. B, Deposition Correspondence) (Mainigi, Enu)
March 8, 2023 Filing 206 RESPONSE in Opposition re #198 MOTION in Limine to Strike/Exclude the Testimony of Defendant's Experts Charles Grice and Joseph Green filed by Defendant Fifth Third Bank. (Mainigi, Enu)
March 8, 2023 Filing 205 RESPONSE in Opposition re #197 MOTION in Limine to Strike/Exclude the Testimony of Defendant's Expert Timothy Hart filed by Defendant Fifth Third Bank. (Mainigi, Enu)
March 8, 2023 Filing 204 RESPONSE in Opposition re #196 MOTION in Limine to Strike/Exclude the Testimony of Defendant's Expert Dr. Ronald T. WIlcox filed by Defendant Fifth Third Bank. (Mainigi, Enu)
March 8, 2023 Filing 203 MOTION to Strike "Supplemental" Expert Disclosure of Timothy H. Hart Pursuant to Rule 37(C) by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit A - Supplemental Expert Disclosure of Timothy H. Hart, #2 Exhibit B - February 22, 2023 Email Correspondence) (Zavareei, Hassan)
March 8, 2023 Filing 202 RESPONSE in Opposition re #195 MOTION to Exclude the Expert Opinions and Testimony of Attorneys M. Patricia Oliver and Michael Simkovic filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
March 8, 2023 Filing 201 RESPONSE in Opposition re #194 MOTION to Exclude Certain Expert Testimony of Dr. Jonathan Walker filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
March 1, 2023 Opinion or Order Filing 200 NOTATION ORDER: granting #199 Motion for Leave to Appear Pro Hac Vice of Shana Khader. Co-counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 3/1/2023. (vb)
February 28, 2023 Filing 199 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9293553) of Shana Hope Khader by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Attachments: #1 Exhibit Certificate of Good Standing - Shana Hope Khader (02-07-2023)) (Scott, Stuart)
February 22, 2023 Filing 198 MOTION in Limine to Strike/Exclude the Testimony of Defendant's Experts Charles Grice and Joseph Green by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1 - Expert Rebuttal Report of Charles Grice, #2 Exhibit 2 - Transcript of Deposition of Charles Grice, #3 [Proposed] Order Granting Plaintiffs Motion In Limine To Strike/Exclude The Testimony Of Defendants Experts Charles Grice and Joseph Green) (Zavareei, Hassan)
February 22, 2023 Filing 197 MOTION in Limine to Strike/Exclude the Testimony of Defendant's Expert Timothy Hart by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1 - Transcript of Deposition of Timothy Hart, #2 Exhibit 2 - Rebuttal Expert Report of Timothy Hart, #3 [Proposed] Order Granting Plaintiffs Motion In Limine To Strike/Exclude The Testimony Of Defendants Expert Timothy Hart) (Zavareei, Hassan)
February 22, 2023 Filing 196 MOTION in Limine to Strike/Exclude the Testimony of Defendant's Expert Dr. Ronald T. WIlcox by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1 - Expert Report of Ronald T. Wilcox, Ph.D, #2 Exhibit 2 - Transcript of Deposition of Ronald T. Wilcox, Ph.D, #3 Exhibit 3 - Expert Rebuttal Report of Ronald T. Wilcox, Ph.D, #4 [Proposed] Order Granting Plaintiffs Motion In Limine To Strike/Exclude The Testimony Of Defendants Expert Dr. Ronald T. Wilcox) (Zavareei, Hassan)
February 22, 2023 Filing 195 MOTION to Exclude the Expert Opinions and Testimony of Attorneys M. Patricia Oliver and Michael Simkovic by Defendant Fifth Third Bank. (Mainigi, Enu)
February 22, 2023 Filing 194 MOTION to Exclude Certain Expert Testimony of Dr. Jonathan Walker by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1 (Olsen Transcript), #2 Exhibit 2 (Olsen Report)) (Mainigi, Enu)
February 8, 2023 Filing 193 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney - Notice of Withdrawal of Counsel Dia Rasinariu (Rasinariu, Dia)
January 19, 2023 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/19/2023; Hassan Zavareei and Jason Whittemore appeared for Plaintiffs; Enu Mainigi, Steven Pyser, Craig Singer, and Amy McKinlay appeared for Defendant; case matters discussed; Court to rule on Motions as time permits; Final Pretrial Conference re-set for 4/5/2023 at 4:00 PM before Judge Michael R. Barrett. (kkz)
January 18, 2023 NOTICE of Hearing: Please be aware that a Status Conference is set for 1/19/2023 at 2:30 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 2/16/2022 for conferencing instructions. (kkz)
November 30, 2022 Filing 192 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney - Notice of Change of Address of Hassan A. Zavareei, Anna C. Haac, and Dia Rasinariu (Zavareei, Hassan)
November 2, 2022 Filing 191 REPLY to Response to Motion re #175 MOTION for Partial Summary Judgment on the Breach of Contract Claim for Liability Only and on the TILA Claim filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1 - FTB00002717, #2 Exhibit 2 - FTB00002780, #3 Exhibit 3 - FTB00002833, #4 Exhibit 4 - Federal Reserve Board, Consumer Compliance Handbook Regulation Z at 14 n.9) (Zavareei, Hassan)
November 2, 2022 Filing 190 REPLY to Response to Motion re #186 MOTION for Summary Judgment on Breach of Contract Claim filed by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Mainigi, Enu)
October 3, 2022 Filing 189 RESPONSE in Opposition re #186 MOTION for Summary Judgment on Breach of Contract Claim filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1 - Deposition of Bruce Howard) (Zavareei, Hassan)
October 3, 2022 Filing 188 RESPONSE in Opposition re #185 Supplemental MOTION for Summary Judgment as to Notice on the Breach of Contract Claim, #175 MOTION for Partial Summary Judgment on the Breach of Contract Claim for Liability Only and on the TILA Claim filed by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1 (Expert Report of M. Patricia Oliver), #2 Exhibit 2 (Rebuttal Expert Report of Jonathan Walker), #3 Exhibit 3 (Rebuttal Expert Report of Joseph Green), #4 Exhibit 4 (Dep. Tr. of Michael Simkovic), #5 Exhibit 5 (Expert Report of Michael Simkovic), #6 Exhibit 6 (Expert Report of Charles Grice)) (Mainigi, Enu)
September 22, 2022 Filing 187 NOTICE by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen of Withdrawal of Counsel Rachel S. Bloomekatz for Plaintiffs (Scott, Stuart)
August 19, 2022 Filing 186 MOTION for Summary Judgment on Breach of Contract Claim by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1 (Website Screenshots), #2 Exhibit 2 (ATM Screens), #3 Exhibit 3 (Advance Receipt), #4 Exhibit 4 (High Level Call Flow), #5 Exhibit 5 (Notice Letter to Customers), #6 Exhibit 6 (Notice Email to Customers), #7 Exhibit 7 (Expert Report of Timothy H. Hart), #8 Exhibit 8 (Deposition Transcript of Dr. Jonathan Walker)) (Mainigi, Enu)
August 19, 2022 Filing 185 Supplemental MOTION for Summary Judgment as to Notice on the Breach of Contract Claim by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Attachments: #1 Exhibit 1 - DEF Fifth Third Banks Supplemental Responses to PLTFs 4th Set of ROGs (07-22-2021), #2 Exhibit 2 - Notice of Change in Terms to Early Access Terms and Conditions (effective 07-01-2010) (FTB00002722), #3 Exhibit 3 - Notice of Change in Terms to Early Access Terms and Conditions (effective 10-06-2011) (FTB00002715), #4 Exhibit 4 - Notice of Change in Terms to Fifth Third Early Access Terms and Conditions (effective 01-01-2015) (FTB0002695), #5 Exhibit 5 - Deposition of M. Patricia Oliver, #6 Exhibit 6 - Deposition of Joseph Green) (Scott, Stuart)
July 27, 2022 Set/Reset Hearings: Jury Trial set for 4/17/2023 at 9:30 AM thru 4/28/2023 in Courtroom 109 - Cincinnati before Judge Michael R. Barrett. (kkz)
July 25, 2022 Filing 184 NOTICE of Substitution of Counsel - Carrie Dettmer Slye substituting for William H. Hawkins as to Defendant Fifth Third Bank. (Dettmer Slye, Carrie)
June 30, 2022 Opinion or Order NOTATION ORDER granting #183 Motion for Leave to Appear Pro Hac Vice of Timothy M. Pellegrino as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER. Signed by Judge Michael R. Barrett on 6/30/2022. (kl)
June 29, 2022 Filing 183 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8934060) of Timothy M. Pellegrino by Defendant Fifth Third Bank. (Wall, Brett)
June 8, 2022 Filing 182 Mail Returned as Undeliverable - Vacant. Doc. #181 sent to John Morgan McGarvey. (eh)
May 31, 2022 Opinion or Order Filing 181 ORDER - This matter is before the Court on the parties joint motion to modify the scheduling order. (Doc. 168). The motion is GRANTED. 1.The scheduling order in this case is amended as follows: a.Deadline for motions for summary judgment: August 19, 2022. i.Deadline for oppositions to all motions for summary judgment: October 3,2022. ii.Deadline for replies in support of summary judgment: November 2, 2022. 2.The page limits for briefs in support of and in opposition to summary judgment shall be asfollows, regardless of whether the party chooses to file a single motion or multiple motions: a.Each party shall be permitted to file briefs in support of summary judgment totalingthirty (30) pages, b.Each party shall be permitted to file briefs opposing summary judgment of no morethan thirty (30) pages, and c.Each party shall be permitted to file reply briefs in support of summary judgment ofno more than fifteen (15) pages. Signed by Judge Michael R. Barrett on 05/31/2022. (bjc)
May 27, 2022 Filing 180 Joint MOTION to Amend/Correct #168 Order on Motion for Extension of Time,, by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order (Exhibit A)) (Mainigi, Enu)
May 20, 2022 Opinion or Order Filing 178 ORDER granting #173 Motion for Leave to File Under Seal. Signed by Judge Michael R. Barrett on 5/20/2022. (kkz)
May 20, 2022 NOTICE of Hearing: Please be aware that a Status Conference is set for 5/20/2022 at 10:45 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/23/2020 for conferencing instructions. (kkz)
May 20, 2022 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/20/2022; Hassan Zavareei, Stuart Scott, and Jason Whittemore appeared for plaintiffs; Enu Mainigi, Dante Marinussi, Steven Pyser, Craig Singer and Kenneth Smurzynski appeared for defendant; case matters discussed; parties to confer and submit a proposed calendar order to the Court. (kkz)
May 20, 2022 Statistical Entry: This entry was created for case management purposes to allow counsel to file documents under seal pursuant to docket entry #178 . (kkz)
May 17, 2022 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/17/2022; Hassan Zavareei, Anna Haac and Stuart Scott appeared for plaintiffs; Enu Mainigi, Dante Marinucci, Steven Pyser and Kenneth Smurzynski appeared for defendant; matters discussed regarding #172 and #175 Motions for Partial Summary Judgment; Court to review and contact parties on how to proceed. (kkz)
May 12, 2022 NOTICE of Hearing: Please be aware that a Status Conference is set for 5/17/2022 at 10:30 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/23/2020 for conferencing instructions. (kkz)
May 9, 2022 Opinion or Order NOTATION ORDER granting #177 Motion for Leave to Appear Pro Hac Vice of Steven M. Pyser as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Karen L. Litkovitz on 5/9/2022. (eh)
May 6, 2022 Filing 177 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8853218) of Steven M. Pyser by Defendant Fifth Third Bank. (Wall, Brett)
April 26, 2022 Filing 176 NOTICE of Change of Address by Enu A Mainigi (Mainigi, Enu)
April 26, 2022 Filing 175 MOTION for Partial Summary Judgment on the Breach of Contract Claim for Liability Only and on the TILA Claim by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1 - Signature Page for Janet Fyock's Early Access Loan Agreement, #2 Exhibit 2 - Proposed to Be Filed Under Seal, #3 Exhibit 3 - Signature Page for Brian Harrison's Early Access Loan Agreement, #4 Exhibit 4 - Proposed to Be Filed Under Seal, #5 Exhibit 5 - Signature Page for Lori and Daniel Laskaris's Early Access Loan Agreement, #6 Exhibit 6 - Proposed to Be Filed Under Seal, #7 Exhibit 7 - Signature Page for Adam McKinney's Early Access Loan Agreement, #8 Exhibit 8 - Proposed to Be Filed Under Seal, #9 Exhibit 9 - Deposition of Ben Mendelsohn, #10 Exhibit 10 - Fifth Third Amended Supplemental Responses to Plaintiffs' 5th Interrogatories, #11 Exhibit 11 - Fifth Third's Amended Interrogatory Resp. and Resp. to 2nd Interrogatories, #12 Exhibit 12 - Proposed to Be Filed Under Seal, #13 Text of Proposed Order) (Zavareei, Hassan)
April 25, 2022 Filing 174 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #172 MOTION for Partial Summary Judgment, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #172 MOTION for Partial Summary Judgment as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/26/2022. (kh)
April 22, 2022 Filing 173 Consent MOTION to Seal Exhibits 2, 4, 6, 8, and 12 to Plaintiffs' Memorandum In Support of Motion for Partial Summary Judgment by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Text of Proposed Order) (Zavareei, Hassan)
April 22, 2022 Filing 172 MOTION for Partial Summary Judgment on the Breach of Contract Claim for Liability Only and on the TILA Claim by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1 - Signature Page for Janet Fyocks Early Access Loan Agreement, #2 Exhibit 2 - Proposed to Be Filed Under Seal, #3 Exhibit 3 - Signature Page for Brian Harrisons Early Access Loan Agreement, #4 Exhibit 4 - Proposed to Be Filed Under Seal, #5 Exhibit 5 - Signature Page for Lori and Daniel Laskariss Early Access Loan Agreement, #6 Exhibit 6 - Proposed to Be Filed Under Seal, #7 Exhibit 7 - Signature Page for Adam McKinneys Early Access Loan Agreement, #8 Exhibit 8 - Proposed to Be Filed Under Seal, #9 Exhibit 9 - Deposition of Ben Mendelsohn, #10 Exhibit 10 - Fifth Third Amended Supplemental Responses to Plaintiffs' 5th Interrogatories, #11 Exhibit 11 - Fifth Third's Amended Interrogatory Resp. and Resp. to 2nd Interrogatories, #12 Exhibit 12 - Proposed to Be Filed Under Seal, #13 Text of Proposed Order) (Zavareei, Hassan)
April 12, 2022 Opinion or Order NOTATION ORDER granting #171 Motion for Leave to Appear Pro Hac Vice of Dia Rasinariu as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 4/12/2022. (eh)
April 11, 2022 Filing 171 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8815995) of Dia Rasinariu by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Attachments: #1 Exhibit Certificate of Good Standing of Dia Rasinariu) (Scott, Stuart)
March 15, 2022 Filing 170 NOTICE by Plaintiff William R. Klopfenstein of Withdrawal of Co-Counsel (Johnson, Ronald)
March 15, 2022 Opinion or Order Filing 169 ORDER denying as moot #154 Joint Motion to Set Supplemental Calendar Order and #163 Plaintiffs' Consent Motion to Extend Deadlines for Discovery and Dispositive Motions. Signed by Judge Michael R. Barrett on 3/15/2022. (kkz)
March 14, 2022 Opinion or Order Filing 168 ORDER granting #167 Motion for Extension of Time: Disclosure of Expert Reports: 5/20/2022; Disclosure of Expert Report Permitted under Fed. R. Civ. P. 26(a)(2)(D)(ii): 6/20/2022; Deadline for Deposition of Experts: 7/19/2022; Deadline for Motions for Summary Judgment: 8/19/2022; Final Pretrial Conference set for 3/28/2023 at 11:00 AM in Chambers before Judge Michael R. Barrett; Jury Trial set for 4/17/2023 at 9:30 AM in Courtroom 109 - Cincinnati before Judge Michael R. Barrett.. Signed by Judge Michael R. Barrett on 3/14/2022. (kkz)
March 4, 2022 Filing 167 Joint Motion to Amend Scheduling Order by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order Proposed Order) (Mainigi, Enu) Modified docket text on 3/4/2022 (eh).
March 2, 2022 Filing 166 NOTICE by Plaintiff William R. Klopfenstein of Withdrawal of Co-Counsel (Hendy, Penny)
February 23, 2022 Filing 165 AMENDED ANSWER to Consolidated Class-Action Complaint by Defendant Fifth Third Bank. (Mainigi, Enu)
February 23, 2022 Set/Reset Deadlines: Amended Answer due by 3/1/2022. (kkz)
February 22, 2022 Opinion or Order Filing 164 ORDER granting #162 Defendant's Motion for Leave to Amend its Answer. Amended Answer due by 3/1/2022. Signed by Judge Michael R. Barrett on 2/22/2022. (kkz) Modified on 2/23/2022 to correct due date (kkz).
February 22, 2022 Minute Entry for proceedings held before Judge Michael R. Barrett: Telephone Status Conference held on 2/22/2022; Scott Stuart, Jason Whittemore, Anna Haac and Hassan Zavareei appeared for Plaintiffs; Enu Mainigi, Craig Singer, Karl Fanter, Dante Marinucci and Kenneth Smurzynski appeared for Defendant; scheduling matters discussed; parties to confer regarding additional depositions and contact the Court if agreement cannot be reached. (kkz)
January 19, 2022 Filing 163 Consent MOTION for Extension of Time New date requested 3/7/2022. - For Discovery Deadlines and Dispositive Motions by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Text of Proposed Order) (Zavareei, Hassan)
December 14, 2021 Filing 162 MOTION for Leave to File Amended Answer to Assert Additional Affirmative Defenses by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Draft Amended Answer, #2 Exhibit Redline Comparison of Answers, #3 Exhibit Plaintiffs' Fourth Set of Requests for Production, #4 Exhibit Plaintiffs' Fifth Set of Interrogatories, #5 Text of Proposed Order Proposed Order) (Mainigi, Enu)
November 4, 2021 Filing 161 REPLY to Response to Motion re #159 MOTION to Bifurcate Class-wide and Individualized Issues filed by Defendant Fifth Third Bank. (Mainigi, Enu)
October 21, 2021 Filing 160 RESPONSE in Opposition re #159 MOTION to Bifurcate Class-wide and Individualized Issues filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, Daniel Laskaris, Lori Laskaris. (Attachments: #1 Declaration of Hassan A. Zavareei) (Zavareei, Hassan)
September 30, 2021 Filing 159 MOTION for Class-Action Trial Plan by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Mainigi, Enu) Modified docket text on 10/1/2021 (eh).
September 22, 2021 Filing 158 STIPULATION of Dismissal of Plaintiffs William Klopfenstein and Diana Horn by Plaintiff William R. Klopfenstein. (Scott, Stuart)
July 14, 2021 Opinion or Order Filing 157 (CALENDAR) ORDER: Merits Discovery due by 7/12/2021. Discovery (Expert) due by 1/21/2022. Discovery (Fact) due by 12/17/2021. Disclsoure of any expert report permitted under Fed. R. Civ. P. 26(a)(2)(D)(ii). Deadline for depositions(s) of expert(s) due by 3/22/22. Dispositive motions due by 4/22/2022. Signed by Judge Michael R. Barrett on 7/14/21. (ba)
July 14, 2021 Opinion or Order Filing 156 ORDER granting #155 Motion to Approve Plaintiffs' Proposed Plan of Notice. Signed by Judge Michael R. Barrett on 7/14/21. (ba)
June 30, 2021 Filing 155 Consent MOTION To Approve Plaintiff's Proposed Plan of Notice by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Declaration of Cameron Azari, #2 Text of Proposed Order) (Zavareei, Hassan)
June 22, 2021 Filing 154 Joint MOTION to Set Supplemental Calendar Order by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Zavareei, Hassan)
June 9, 2021 Filing 153 NOTICE of Substitution of Counsel - Dennis R Lansdowne substituting for Daniel Frech as to Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Lansdowne, Dennis)
April 13, 2021 Opinion or Order NOTATION ORDER granting #151 Motion for Leave to Appear Pro Hac Vice of Amy McKinlay as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Michael R. Barrett on 4/13/2021. (eh)
April 8, 2021 Filing 152 NOTICE by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney, Brian Harrison Of Withdrawal of Co-Counsel Erich P. Schork for Plaintiffs Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Schork, Erich)
April 6, 2021 Filing 151 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8253364) of Amy McKinlay by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Certificate of Good Standing - Virginia) (Wall, Brett)
March 26, 2021 Opinion or Order Filing 150 ORDER granting #136 Motion to Certify Class and Motion to Appoint Counsel; granting #137 Motion to Certify Class; It is Ordered that: 1. Pursuant to Rule Federal Rules of Civil Procedure 23, the Court certified the following classes: Breach of Contract Class: All persons in the United States who enrolled in Fifth Thirds Early Access Loan Program prior to May 1, 2013 and took out at least one Early Access Loan. TILA Class: All persons in the United States who were enrolled in Fifth Thirds Early Access Loan Program from August 3, 2011 through April 30, 2013. 2. The Court appoints Plaintiffs as representatives of the above classes; and 3. The Court appoints Hassan Zavareei of Tycko & Zavareei, Stuart E. Scott of Spangenberg Shibley & Liber LLP, and Jason Whittemore of Wagner McLaughlin, P.A. as counsel for the classes pursuant to Federal Rules of Civil Procedure 23(g)(1).. Signed by Judge Michael R. Barrett on 3/26/21. (ba)
February 22, 2021 Filing 149 NOTICE by Defendant Fifth Third Bank of Withdrawal of Co-Counsel Risha Asokan (Asokan, Risha)
February 5, 2021 Filing 148 Supplemental Memorandum Opposing re #137 Amended MOTION to Certify Class - Unredacted Brief and Exhibits filed by Defendant Fifth Third Bank. (Mainigi, Enu)
February 5, 2021 Opinion or Order Filing 147 ORDER granting #145 Motion for Leave to File Sur-Reply within 10 days of entry of this Order. Signed by Judge Michael R. Barrett on 2/4/21. (ba)
September 28, 2020 Minute Entry for proceedings held before Judge Michael R. Barrett: Settlement Conference held on 9/28/2020; Scott Stuart, Jason Whittemore and Hassan Zavareei appeared for plaintiffs; Bill Hawkins, Enu Mainigi and Kenneth Smurzynski appeared for defendant along with client reps Christopher Garvey and Aaron Stucky; matter did not settle; Court to review pending class certification motion. (ba)
September 28, 2020 Filing 146 RESPONSE in Opposition re #145 MOTION for Leave to File Sur-reply in Opposition to Plaintiffs' Motion for Class Certification filed by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Text of Proposed Order) (Zavareei, Hassan)
September 24, 2020 Filing 145 MOTION for Leave to File Sur-reply in Opposition to Plaintiffs' Motion for Class Certification by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Fifth Third Bank's Proposed Sur-reply) (Mainigi, Enu)
September 24, 2020 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/24/2020 re Settlement Conference set for 9/28/2020; Anna Haac, Scott Stuart, Jason Whittemore and Hassan Zavareei appeared for plaintiffs; Karl Fanter, Enu Mainigi, Dante Marinucci, Craig Singer and Kenneth Smurzynski appeared for defendant; the Court will commence telephonic exparte conferences with the parties beginning with plaintiffs on 9/28/20 at 10:30 AM; parties shall provide the Court with their necessary contact information prior to 9/28/20. (ba)
September 2, 2020 Filing 144 REPLY to Response to Motion re #136 MOTION to Certify Class MOTION to Appoint Counsel filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Attachments: #1 Exhibit 1 - Reply Brief of Plaintiffs-Appellants) (Scott, Stuart)
August 11, 2020 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/11/2020; Stuart Scott, Jason Wittemore and Hassan Zavareei appeared for plaintiffs; William Hawkins, Karl Fanter, Enu Mainigi, and Kenneth Smurzynski appeared for defendant; the parties have agree to 9/28/2020 and 9/30/2020 as tentative dates for a Settlement Conferencebefore Judge Michael R. Barrett; the Court will conduct exparte conferences with the parties and the logistics/location of the conference will be decided at a later date. (ba)
August 7, 2020 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 8/7/2020; Stuart Scott appeared for plaintiffs; Enu Mainigi, Craig Singer and Ken Smurzynski appeared for defendant; the settlement conference set for 8/11/20 is converted to a Status Conference and will remain set for 8/11/2020 at 10:00 AM and will be conducted by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 3/27/20 for conferencing instructions. (ba)
August 6, 2020 Opinion or Order Filing 143 ORDER granting #142 Stipulation; extending Plaintiff's deadline to file Reply in Support of Class Certification. Signed by Judge Michael R. Barrett on 8/6/2020. (eh)
August 3, 2020 Filing 142 STIPULATION PROPOSING DEADLINE FOR PLAINTIFFS TO FILE REPLY IN SUPPORT OF CLASS CERTIFICATION by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Whittemore, Jason)
July 21, 2020 Opinion or Order Filing 140 ORDER granting #139 Motion to File Document Under Seal; Defendant is granted leave to file under seal portions of Exhibit 6 to its Memorandum in Opposition to Plaintiffs Motion for Class Certification and Appointment of Class Counsel. Signed by Judge Michael R. Barrett on 7/20/20. (ba)
July 17, 2020 Filing 139 Consent MOTION to File Document Under Seal by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Mainigi, Enu)
July 17, 2020 Filing 138 RESPONSE in Opposition re #137 Amended MOTION to Certify Class - Unredacted Brief and Exhibits filed by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Mainigi, Enu)
June 10, 2020 NOTICE of Hearing: Please be aware that the Settlement Conference is set for 8/11/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett; as a reminder exparte settlement statements can be emailed to chambers at barrett_chambers@ohsd.uscourts.gov by 7/24/20. (ba)
June 3, 2020 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/3/2020; Stuart Scott, Jason Whittemore and Hassan Zavareei appeared for plaintiff; Enu Mainigi, Karl Fanter, Craig Singer; Anna Haac, Kenneth Smurzynski, Dante Marinucci and Bill Hawkins appeared for 5/3; Response due 7/17/20 as to #136 #137 MOTION to Certify Class; exparte settlement statements can be emailed to chambers at barrett_chambers@ohsd.uscourts.gov by 7/24/20; potential mediation dates are 8/3, 8/6, 8/11 and 8/12; law clerk to follow up with the parties early the week of 6/8/20. (ba) Modified on 6/9/2020 (ba) to edit text and regenerate the NEF.
April 28, 2020 Filing 137 MOTION to Certify Class - Unredacted Brief and Exhibits by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Zavareei, Hassan) Modified on 4/29/2020 (eh).
April 20, 2020 Filing 136 MOTION to Certify Class and Appointment of Class Counsel by Plaintiffs Donald E. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13) (Zavareei, Hassan). Added MOTION to Appoint Counsel on 4/21/2020 (eh).
April 6, 2020 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/6/2020; Stuart Scott, Jason Whittemore, Hassan Zavareei and Bill Hawkins appeared for plaintiff; Enu Mainigi, Karl Fanter, Craig Singer; Anna Haac and Dante Marinucci appeared for 5/3; class briefing to proceed; a new settlement conference date can be assessed a follow up Status Conference set for 6/3/2020 at 01:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 3/27/20 for conferencing instructions (ba)
February 24, 2020 Opinion or Order NOTATION ORDER granting #132 Motion for Leave to Appear Pro Hac Vice of Enu A. Mainigi as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Michael R. Barrett on 2/24/2020. (ss)
February 24, 2020 Opinion or Order NOTATION ORDER granting #134 Motion for Leave to Appear Pro Hac Vice of Kenneth C. Smurzynski as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Michael R. Barrett on 2/24/2020. (ss)
February 24, 2020 Opinion or Order NOTATION ORDER granting #133 Motion for Leave to Appear Pro Hac Vice of Craig D. Singer as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Michael R. Barrett on 2/24/2020. (ss)
February 24, 2020 Opinion or Order NOTATION ORDER granting #135 Motion for Leave to Appear Pro Hac Vice of Risha Asokan as CO-COUNSEL is this matter only. In the event Pro Hac Vice counsel has not yet received a login and password from the Clerk of Courts, they should promptly comply with the Courts Electronic Filing Policies and Procedures Manual which can be found at the Courts website, www.ohsd.uscourts.gov. So Ordered. Signed by Judge Michael R. Barrett on 2/24/2020. (ss)
February 24, 2020 NOTICE of Hearing: Please be aware that the Settlement Conference set for 3/24/20 is RESET to 4/6/2020 at 01:30 PM and remains set in Chambers, Room 239, before Judge Michael R. Barrett; parties shall provide the Court with a limited 5-page exparte position statement which shall be emailed to the Court at barrett_chambers@ohsd.uscourts.gov no later than 3/30/20. The Court will conduct exparte conferences prior to the scheduled settlement conference. Unless prior arrangements have been discussed with the Court, party representatives with complete settlement authority must be present throughout the conference. (ba)
February 20, 2020 Filing 135 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7344164) of Risha Asokan by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Asokan Cert.) (Wall, Brett)
February 20, 2020 Filing 134 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7344155) of Kenneth C. Smurzynski by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Smurzynski Cert.) (Wall, Brett)
February 20, 2020 Filing 133 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7344142) of Craig D. Singer by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Singer Cert.) (Wall, Brett)
February 20, 2020 Filing 132 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7344121) of Enu A. Mainigi by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Mainigi Cert.) (Wall, Brett)
January 7, 2020 Filing 131 NOTICE of Appearance by Kevin C. Hulick for Plaintiffs Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney (Hulick, Kevin)
January 3, 2020 Filing 130 STIPULATION of Dismissal of Plaintiff Lyn Adanich by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
January 3, 2020 Filing 129 NOTICE by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen of Plaintiff Lyn Adanich's Notice of Death of Spouse, Plaintiff Donald E. Adanich, Sr. (Scott, Stuart)
December 27, 2019 Opinion or Order Filing 128 ORDER granting #127 Motion for Leave to Appear Pro Hac Vice of Erich P. Schork for Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. Signed by Judge Michael R. Barrett on 12/27/19. (ba)
December 23, 2019 Filing 127 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7254200) of Erich P. Schork by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Attachments: #1 Exhibit Certificate of Good Standing of Erich P. Schork) (Scott, Stuart)
December 16, 2019 Opinion or Order Filing 126 ORDER granting #124 Joint MOTION TO AMEND AGREED CALENDAR ORDER re #116 Preliminary Pretrial Order filed by Fifth Third Bank. Class Discovery due by 2/21/2020. Class certification motion due by 4/20/2020.esponse 6/24/2020. Settlement Conference set for 3/24/2020 at 01:30 PM in Chambers before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 12/16/19. (ba)
December 9, 2019 Filing 125 NOTICE by Defendant Fifth Third Bank re #124 Joint MOTION TO AMEND AGREED CALENDAR ORDER re #116 Preliminary Pretrial Order, of Corrected Proposed Order (Marinucci, Dante)
December 6, 2019 Filing 124 Joint MOTION TO AMEND AGREED CALENDAR ORDER re #116 Preliminary Pretrial Order, by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Marinucci, Dante)
November 22, 2019 Filing 123 NOTICE by Defendant Fifth Third Bank Notice of Withdrawal of Co-Counsel James E. Burke for Fifth Third Bank (Burke, James)
October 30, 2019 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/30/2019; Jason Whittemore and Hassan Zavareei appeared for plaintiff; William Hawkins, Karl Fanter and Sam Camardo appeared for defendant; case to proceed with settlement conference set 1/24/2020 at 10:00 am, Room 239; exparte statements can be emailed to barrett_chamber@ohsd.uscourts.gov no later than 1/14/2020. (ba)
October 16, 2019 Filing 122 AMENDED ANSWER to #68 Amended Complaint,, by Defendant Fifth Third Bank. (Fanter, G.)
October 16, 2019 Filing 121 NOTICE of Appearance by Sam Anthony Camardo for Defendant Fifth Third Bank (Camardo, Sam)
October 16, 2019 Filing 120 NOTICE of Appearance by Dante A. Marinucci for Defendant Fifth Third Bank (Marinucci, Dante)
September 11, 2019 Opinion or Order Filing 119 ORDER granting #117 Motion for Leave to Appear Pro Hac Vice of Anna C. Haac for Plaintiffs. Signed by Judge Michael R. Barrett on 9/11/19. (ba)
September 6, 2019 Filing 118 NOTICE of Change of Address by Ben Barnow (Barnow, Ben)
September 4, 2019 Filing 117 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-7091446) of Anna C. Haac by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Attachments: #1 Exhibit Certificate of Good Standing of Anna C. Haac) (Scott, Stuart)
August 5, 2019 Opinion or Order Filing 116 AGREED AMENDED CALENDAR ORDER: Status Conference set for 10/30/2019 at 11:00 AM by teleconference before Judge Michael R. Barrett. Class Discovery due by 1/15/2020. Class Certification Motions due by 2/28/2020. Settlement Conference set for 1/24/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Signed by Judge Michael R. Barrett on 8/5/19. (ba)
July 31, 2019 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/31/2019; Stuart Scott and Jason Whittemore appeared for plaintiffs; Karl Fanter and Bill Hawkins appeared for defendant; the Court will adopt the #115 Rule 26(f) Report by the parties as a calendar order and adding follow: Settlement Conference set for 1/24/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett and a follow up Status Conference set for 10/30/2019 at 11:00 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 8/20/2013 for conferencing instructions; Order to follow. (ba)
July 30, 2019 Filing 115 RULE 26(f) REPORT Joint Class Certification Discovery Plan by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney. (Whittemore, Jason)
July 1, 2019 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/1/2019; Stuart Scott, Jason Whittemore and Hassan Zavareei for plaintiffs, G. Karl Fanter and Williams Hawkins for defendant; the parties shall confer re: scheduling and follow up for a Status Conference set 7/31/2019 at 11:00 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 8/20/2013 (Doc. 64) for conferencing instructions (ba)
June 28, 2019 Opinion or Order Filing 114 ORDER granting #113 MOTION for Hearing; please be aware that a Status Conference is set for 7/1/2019 at 02:30 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 8/20/2013 (Doc. 64) for conferencing instructions. Signed by Judge Michael R. Barrett on 6/28/19. (ba)
June 21, 2019 Filing 113 MOTION for Hearing re (108 in 1:12-cv-00851-MRB, 108 in 1:12-cv-00851-MRB) Order Staying Case,, Terminate Motions, ( Responses due by 7/12/2019) by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen, Brian Harrison, Janet Fyock, Daniel Laskaris, Lori Laskaris, Jessie McQuillen. Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Whittemore, Jason). Added MOTION to Lift Stay on 6/24/2019 (cb).
June 20, 2019 Filing 112 MANDATE of USCA as to #109 Notice of Appeal. (sct)
May 28, 2019 Filing 111 USCA OPINION and JUDGMENT as to #109 Notice of Appeal reversing the judgment of the district court and remanding for further proceedings consistent with the opinion of this court. Note: Mandate to issue. (sct)
May 1, 2018 Filing 110 USCA Case Number 18-3390 for (109 in 1:12-cv-00851-MRB) Notice of Appeal, filed by Brian Harrison, Janet Fyock, Daniel Laskaris, Lori Laskaris, Lyn A. Adanich, Adam McKinney, William R. Klopfenstein, Jessie McQuillen, Scott D. Little. (pb)
April 26, 2018 Filing 109 NOTICE OF APPEAL re #89 Order on Motion to Dismiss for Failure to State a Claim, #108 Order Staying Case,, Terminate Motions, (Filing fee has been paid, receipt number 0648-6418226) by Plaintiffs Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
March 28, 2018 Opinion or Order Filing 108 ORDER STAYING CASE granting #101 MOTION for Entry of Judgment under Rule 54(b) (Plaintiffs' Rule 54(b) Motion for Entry of Final Judgment) filed by Brian Harrison, Janet Fyock, Daniel Laskaris, Lori Laskaris, Donald E. Adanich, Lyn A. Adanich, Adam McKinney, William R. Klopfenstein, Jessie McQuillen, Scott D. Little; this matter is stayed pending appeal. Signed by Judge Michael R. Barrett on 3/28/18. (ba)
March 26, 2018 Opinion or Order Filing 107 ORDER granting #106 Motion for Leave to File Surreply re #101 MOTION for Entry of Judgment under Rule 54(b). Signed by Judge Michael R. Barrett on 3/26/18. (ba)
March 7, 2018 Filing 106 MOTION for Leave to File Instanter a Surreply Memorandum in Opposition to Plaintiffs' Rule 54(b) Motion by Defendant Fifth Third Bank. (Attachments: #1 Exhibit 1 - Defendant Fifth Third Bank's Surreply Memorandum in Opposition to Plaintiffs' Rule 54(b) Motion, #2 Exhibit 2 - Proposed Order) (Fanter, G.)
February 14, 2018 Filing 105 REPLY to Response to Motion re #101 MOTION for Entry of Judgment under Rule 54(b) (Plaintiffs' Rule 54(b) Motion for Entry of Final Judgment) filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
February 12, 2018 Opinion or Order Filing 104 ORDER granting #103 Motion for Leave to Appear Pro Hac Vice of Matthew Wessler for Plaintiffs. Signed by Judge Michael R. Barrett on 2/9/18. (ba)
February 6, 2018 Filing 103 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6306144) of Matthew Wessler by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Attachments: #1 Exhibit A - Affidavit of Matthew Wessler w/ Exhibit 1 - Certificate of Good Standing) (Scott, Stuart)
January 31, 2018 Filing 102 RESPONSE in Opposition re #101 MOTION for Entry of Judgment under Rule 54(b) (Plaintiffs' Rule 54(b) Motion for Entry of Final Judgment) filed by Defendant Fifth Third Bank. (Fanter, G.)
January 10, 2018 Filing 101 MOTION for Entry of Judgment under Rule 54(b) (Plaintiffs' Rule 54(b) Motion for Entry of Final Judgment) by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
January 10, 2018 Filing 100 NOTICE of Appearance by Rachel S. Bloomekatz for Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney (Bloomekatz, Rachel)
November 9, 2017 Minute Entry for proceedings held before Judge Michael R. Barrett: Settlement Conference held on 11/9/2017; Stuart Scott, Jason Whittemore and Hassan Zawareei appeared for Plaintiffs; Brett Wall, James Burke and Karl Fanter appeared for Defendant; settlement at an impasse; parties to provide the Court with dates for an amended calendar. (ba)
October 30, 2017 Filing 99 NOTICE of Appearance by James Eugene Burke for Defendant Fifth Third Bank (Burke, James)
September 20, 2017 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/20/2017; Ben Barnow, Kevin McLaughlin, Stuart Scott, Hassan Zavarie appeared for Plaintiffs; Jim Burke appeared; Karl Fanter, William Hawkins, and Brett Wall appeared for Dft 5/3; the parties are amenable to a Settlement Conference set for 11/9/2017 at 09:30 AM in Chambers, Room 239, before Judge Michael R. Barrett; the Court will reach out exparte to the parties to determine when to submit supplemental exparte information. (ba)
September 11, 2017 NOTICE of Hearing: Please be aware that a Status Conference is set for 9/20/2017 at 01:00 PM by teleconference before Judge Michael R. Barrett; parties shall refer to #64 Notice of Telephone Conference for conferencing instructions. (ba)
March 22, 2017 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/22/2017; Hassan Zavareei, James Burke and Jason Whittemore appeared for Plaintiff; Stuart Scott, Brett Wall and Karl Fanter appeared for Defendant; Plaintiff to submit via email to barrett_chambers@ohsd.uscourts.gov by 3/31/17 a position statement to be clearly marked whether exparte or not; Defendant to do the same by 4/12/17; the Court will follow up after the submissions have been received and reviewed. (ba)
September 26, 2016 Opinion or Order Filing 98 ORDER finding as moot #92 Motion for Reconsideration. Signed by Judge Michael R. Barrett on 9/26/16. (ba)
November 25, 2015 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 11/25/2015; Jason Whittemore, Stuart Scott, and Hassan Zavareei appeared for Plaintiff; Brett Wall, Karl Fanter, William Hawkins, and Jim Burke appeared for Defendant; parties to submit exparte position statements to the Court via email no later than 12/9/15 to barrett_chambers@ohsd.uscourts.gov; the Court will conduct exparte conferences and then set a follow up status conference. (ba)
November 16, 2015 NOTICE of Hearing: Please be aware that at the Status Conference set for 11/23/15 is RESET to 11/25/2015 at 11:00 AM and remains set by teleconference before Judge Michael R. Barrett; parties shall refer to #64 Notice of Telephone Conference for conferencing instructions. (ba)
October 15, 2015 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/15/2015; Jason Whiteemore, Stuart Scott and Hassan Zavoreei appeared for Plaintiff; Brett Wall, Karl Fanter and Williams Hawkins appeared for Defendant; parties report they are engaged in attempting resolution; a follow up Status Conference is set for 11/23/2015 at 01:30 PM by teleconference before Judge Michael R. Barrett; parties shall refer to #64 Notice of Telephone Conference for conferencing instructions. (ba)
September 8, 2015 Filing 97 NOTICE by Defendant Fifth Third Bank of Withdrawal of Counsel for Aaron S. Weiss (Fanter, G.)
August 31, 2015 NOTICE of Status Conference on Motion re #92 MOTION for Reconsideration re #89 Order on Motion to Dismiss for Failure to State a Claim ; Please be aware that a Status Conference is set for 10/15/2015 at 01:30 PM by teleconference before Judge Michael R. Barrett; parties shall refer to #64 Notice of Telephone Conference for conferencing instructions. (ba)
August 28, 2015 Opinion or Order Filing 96 STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 8/28/15. (ba)
July 21, 2015 Filing 95 Joint MOTION for Protective Order by Defendant Fifth Third Bank. (Attachments: #1 Exhibit A - Proposed Stipulated Protective Order) (Fanter, G.)
May 21, 2015 Filing 94 RESPONSE in Opposition re #92 MOTION for Reconsideration re #89 Order on Motion to Dismiss for Failure to State a Claim filed by Defendant Fifth Third Bank. (Fanter, G.)
April 30, 2015 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/30/2015; Jason Whittemore and Hassan Zavareei appeared for Plaintiff; Brett Wall and William Hawkins appeared for Defendant; parties to continue to brief #92 Motion for Reconsideration; parties shall work on discovery; the Court will follow up early June, 2015. (ba)
April 27, 2015 Filing 93 ANSWER to #68 Amended Complaint,, filed by Fifth Third Bank. (Fanter, G.)
April 27, 2015 Filing 92 MOTION for Reconsideration re #89 Order on Motion to Dismiss for Failure to State a Claim by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Frech, Daniel)
April 23, 2015 Opinion or Order Filing 91 ORDER granting #90 Motion for Extension of Time to Answer re #68 Amended Complaint; Fifth Third Bank answer due 4/27/2015. Signed by Judge Michael R. Barrett on 4/23/15. (ba)
April 15, 2015 NOTICE of Hearing: Please be aware that the Status Conference set for 4/30/2015 is reset in time only to 3:30 PM by teleconference before Judge Michael R. Barrett; please refer to #64 Notice of Telephone Conference for conferencing instructions; NOTE: YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. (sct)
April 13, 2015 Filing 90 Unopposed MOTION for Extension of Time to File Answer re #68 Amended Complaint,, New date requested 4/27/2015. by Defendant Fifth Third Bank. (Attachments: #1 Proposed Order) (Fanter, G.)
April 9, 2015 NOTICE of Hearing: Please be aware that a Status Conference is set for 4/30/2015 at 01:30 AM by teleconference before Judge Michael R. Barrett; please refer to #64 Notice of Telephone Conference for conferencing instructions; NOTE: YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF THROUGH THE COURTS WEBSITE (NOT PACER) AT WWW.OHSD.USCOURTS.GOV USING YOUR OWN PASSWORD BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. (ba1)
March 30, 2015 Opinion or Order Filing 89 ORDER granting in part and denying in part #72 Motion to Dismiss for Failure to State a Claim. Signed by Judge Michael R. Barrett on 3/30/15. (ba1)
August 18, 2014 Filing 87 Response re # 86 Notice (Other) Fifth Third's Response to Plaintiffs' Notice of Supplemental Authorities by Defendant Fifth Third Bank. (Fanter, G.)
August 13, 2014 Filing 86 NOTICE by Plaintiff William R. Klopfenstein of Supplemental Authorities (Attachments: # 1 Exhibit 1 - Small v. BOKF, N.A., # 2 Exhibit 2 - de la Torre v. CashCall Inc.) (Zavareei, Hassan)
August 12, 2014 Filing 85 NOTICE by Defendant Fifth Third Bank of Supplemental Authority (Attachments: # 1 Exhibit A--Small v. BOKF) (Fanter, G.)
March 5, 2014 Opinion or Order Filing 84 ORDER granting # 83 Motion for Leave to File Excess Pages re # 72 Motion to Dismiss. Signed by Judge Michael R. Barrett on 3/5/14. (ba1)
February 28, 2014 Filing 83 MOTION for Leave to File Excess Pages Instanter its Reply Brief in Support of its Motion to Dismiss by Defendant Fifth Third Bank. (Fanter, G.)
February 28, 2014 Filing 82 REPLY to Response to Motion re # 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Fifth Third Bank. (Fanter, G.)
February 3, 2014 Opinion or Order Filing 81 ORDER granting # 80 Motion for Extension of Time to File Response/Reply re # 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Replies due by 2/28/2014. Signed by Judge Michael R. Barrett on 2/3/14. (ba1)
February 3, 2014 Filing 80 MOTION for Extension of Time to File Response/Reply as to # 79 Response in Opposition to Motion,,, # 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 2/28/2014. by Defendant Fifth Third Bank. (Fanter, G.)
January 21, 2014 Filing 79 RESPONSE in Opposition re (72 in 1:12-cv-00851-MRB) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen, Brian Harrison, Janet Fyock, Daniel Laskaris, Lori Laskaris, Jessie McQuillen. (Attachments: # 1 Exhibit 1 - CFPB White Paper: Payday Loans and Deposit Advance Products: A White Paper of Initial Data Findings (04/24/2013), # 2 Exhibit 2 - 01/02/2013 Ltr. fr Senators Blumenthal, Durbin, Schumer, Brown & Udall to the OCC, FDIC and Federal Reserve) Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Scott, Stuart)
January 3, 2014 Opinion or Order Filing 78 ORDER granting # 77 Motion for Extension of Time to File Response/Reply re # 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Responses due by 1/21/2014. Signed by Judge Michael R. Barrett on 1/3/14. (ba1)
December 27, 2013 Filing 77 Unopposed MOTION for Extension of Time to File Response/Reply as to # 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 1/21/2014. by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart)
December 27, 2013 Filing 76 [FILED IN ERROR] Unopposed MOTION for Extension of Time to File Response/Reply as to # 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 1/21/2014. by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Scott D. Little, Adam McKinney, Jessie McQuillen. (Scott, Stuart) Modified to restrict document on 12/27/2013 (lk).
December 27, 2013 Notice of Correction re # 76 Unopposed MOTION for Extension of Time to File Response/Reply as to # 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 1/21/2014. : Document only contained first page of the pleading. Document was restricted and counsel will refile the document. (lk)
December 20, 2013 Opinion or Order Filing 75 ORDER granting # 73 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 12/20/13. (ba1)
December 16, 2013 Opinion or Order Filing 74 ORDER granting # 71 Motion for Extension of Time. Signed by Judge Michael R. Barrett on 12/16/13. (ba1)
December 13, 2013 Filing 73 MOTION for Leave to File Excess Pages Instanter its Memorandum in Support of its Motion to Dismiss the Complaint by Defendant Fifth Third Bank. (Fanter, G.)
December 13, 2013 Filing 72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank. (Attachments: # 1 Memorandum in Support of Its Motion to Dismiss the Complaint, # 2 Exhibit A - Early Access Frequently Asked Questions (Rev. 10-1-2011), # 3 Exhibit B - OCC Interpretive Letter (April 11, 2001)) (Fanter, G.)
November 26, 2013 Filing 71 Joint MOTION for Extension of Time New date requested 12/13/2013. for Defendant to Respond to the Consolidated Complaint and for Plaintiffs to Respond by January 13, 2014 by Defendant Fifth Third Bank. (Attachments: # 1 Proposed Order) (Fanter, G.)
October 18, 2013 Opinion or Order Filing 70 ORDER granting # 69 Motion to Seal Document Exhibit B of # 68 Amended Complaint. Signed by Judge Michael R. Barrett on 10/18/13. (ba1)
October 18, 2013 Notice of Correction re: # 68 Amended Complaint; Exhibit B has been sealed; a Redacted Exhibit B has been added to the entry per # 70 Order granting # 69 Motion to Seal Exhibit B. (ba1)
October 16, 2013 Filing 69 Consent MOTION to Seal Document (26 in 1:13-cv-00563-MRB) Amended Complaint,, Ex. B to Plaintiffs' Consolidated Amended Complaint and Substitute a Redacted Version of the Exhibit by Plaintiffs Donald E. Adanich, Lyn A. Adanich, Janet Fyock, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Lori Laskaris, Adam McKinney, Jessie McQuillen, Brian Harrison, Janet Fyock, Daniel Laskaris, Lori Laskaris, Jessie McQuillen. (Attachments: # 1 Exhibit B - Klopfenstein's REDACTED Bank Statement, # 2 Text of Proposed Order) Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Frech, Daniel)
October 15, 2013 Filing 68 AMENDED COMPLAINT (Consolidated Class Action) against All Defendants, filed by Jessie McQuillen, Lori Laskaris, Lyn A. Adanich, Adam McKinney, Brian Harrison, William R. Klopfenstein, Daniel Laskaris, Donald E. Adanich, Janet Fyock, Brian Harrison, Janet Fyock, Daniel Laskaris, Jessie McQuillen. (Attachments: # 1 Exhibit A - Terms & Conditions, # 2 Exhibit B - Klopfenstein Bank Statements)Associated Cases: 1:12-cv-00851-MRB, 1:13-cv-00327-MRB, 1:13-cv-00453-MRB, 1:13-cv-00497-MRB, 1:13-cv-00563-MRB (Scott, Stuart) (Additional attachment(s) added on 10/18/2013: # 3 Redacted Exhibit B) (ba1).
September 16, 2013 Opinion or Order Filing 67 ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF JASPER WARD and directing the Clerk of Courts to refund $200.00 dollars to Penny Unkraut Hendy Signed by Judge Michael R. Barrett on 9/16/13. (lk)
September 13, 2013 Opinion or Order Filing 66 ORDER GRANTING MOTION FOR ADMISSION PHV OF JASPER WARD. Signed by Judge Michael R. Barrett on 9/13/13. (lk)
September 12, 2013 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/11/2013; Hassan Zavareei and Jason Wittemore appeared for Plaintiffs; Brett Wall and William Hawkins appeared for Defendant; # 65 Consent MOTION to Consolidated Cases orally granted; the following cases are hereby consolidated: 1:12cv851, 1:13cv327, 1:13cv453, 1:13cv497, 1:13cv563; ALL FUTURE FILINGS SHALL BE IN Case No. 1:12cv851; # 25 MOTION to Dismiss denied as moot; # 51 Motion to Appoint Counsel denied as moot; # 52 Motion to Amend/correct Complaint denied as moot; # 54 Motion for Extension of Time to File Response/Reply denied as moot; 30 MOTION to Stay Case filed in Case No. 1:13cv327 denied as moot; Plaintiffs to file consolidated Complaint on or before 10/15/2013; Defendant to respond on or before 12/02/2013. (lk)
August 30, 2013 Filing 65 Consent MOTION to Consolidate Cases by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Scott, Stuart)
August 20, 2013 Filing 64 NOTICE: Telephone Conference set for 9/11/2013 at 01:30 PM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. PLEASE BE AWARE THAT YOU MUST BE LOGGED INTO CM/ECF BEFORE RETRIEVING THIS DOCUMENT THROUGH THE NOTICE OF ELECTRONIC FILING. (ba1)
July 23, 2013 Opinion or Order Filing 63 CASE MANAGEMENT ORDER. Signed by Judge Michael R. Barrett on 7/23/13. (ba1)
July 10, 2013 Filing 62 REPLY to Response to Motion re # 51 MOTION to Appoint Counsel as Interim Class Counsel filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Attachments: # 1 Exhibit A - Declaration of Hassan A. Zavareei in Support of PLTFs' Motion for Appointment of Interim Class Counsel, # 2 Exhibit B - Guerrero Conditional Order Granting in Part and Denying in Part Motion to Certify Class; Denying Motion to Intervene, # 3 Exhibit C - 03/19/2013 Ltr. fr H. Zavareei to Laskaris Counsel, # 4 Exhibit D - 03/28/2013 Ltr. fr H. Zavareei to Laskaris Counsel, # 5 Exhibit E - 04/05/2013 Ltr. fr S. Owings to H. Zavareei and B. Barnow, # 6 Text of Proposed Order Proposed Case Management Order No. 1) (Scott, Stuart)
June 27, 2013 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/27/2013; Ben Barnow, Hassan Zavareei, Stuart Scott, Daniel Frech and Penny Hendy appeared for Plaintiffs in 12cv851; Steven Owings and Kevin McLaughlin appeared for Plaintiffs in 12cv327; Brett Wall, William Hawkins and Karl Fanter appeared for Defendant in 12cv851 and 12cv327; Casey Flynn and Jasper Ward appeared regarding the potential transfer cases; a follow up Status Conference for plaintiffs' counsel is set for 7/12/2013 at 12:30 PM before Judge Michael R. Barrett; any matter to be brought the Court's attentions should be filed or emailed by 7/10/13 to barrett_chambers@ohsd.uscourts.gov (ba1)
June 25, 2013 Opinion or Order Filing 61 ORDER denying # 60 Motion for Leave to File Reply. Signed by Judge Michael R. Barrett on 6/24/13. (ba1)
June 18, 2013 Filing 60 MOTION for Leave to File Their Reply in Support of Their Appointment Motion by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Scott, Stuart)
June 13, 2013 Filing 59 NOTICE: Telephone Conference set for 6/27/2013 at 12:30 PM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. (ba1)
June 13, 2013 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/13/2013; Stuart Scott, Ms. Hendy, Hassan Zavareei appeared for Plaintiff; Brett Wall, Karl Fanter and Williams Hawkins appeared for Defendant in 12cv851 and 12cv327; Jason Whittemore and Kevin McLaughlin, and Steve Owings appeared for Plaintiff in 12cv327; Casey Flynn and Jasper Ward appeared regarding the potential matter to be transferred to this court; parties report transfers are in process; a follow up conference is set for 6/27/13 at 12:30 pm; notice to follow. (ba1)
June 4, 2013 Filing 58 RESPONSE in Opposition re # 51 MOTION to Appoint Counsel as Interim Class Counsel Response in Opposition filed by Interested Parties Daniel Laskaris, Lori Laskaris. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Johnson, Ronald)
May 31, 2013 Filing 57 RESPONSE in Opposition re # 52 MOTION to Amend/Correct Complaint filed by Defendant Fifth Third Bank. (Fanter, G.)
May 24, 2013 Filing 56 NOTICE: Telephone Conference set for 6/13/2013 at 10:30 AM by teleconference before Judge Michael R. Barrett; YOU MUST ACCESS THIS DOCUMENT TO OBTAIN CONFERENCING INFORMATION. (ba1)
May 24, 2013 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/24/2013 re # 54 Motion to Stay; Ben Barnow, Stuart Scott and Hassan Zavareei appeared for Plaintiff in 1:12cv851; Steven Owings, Alexander Owings, and Penny Hendy appeared Plaintiff in 1:13cv327; William Hawkins appeared for Defendant in 1:12cv851; counsel to provide the Court with a status regarding other matters in other Court; a follow up status conference is set for 6/13/2013 at 10:30 AM by teleconference before Judge Michael R. Barrett; separate notice to following regarding conferencing details. (ba1)
May 21, 2013 Opinion or Order Filing 55 ORDER granting # 53 MOTION for Extension of Time to File Response filed by Donald E. Adanich, Lyn A. Adanich, Adam McKinney, Scott D. Little, William R. Klopfenstein; Interested Parties shall file any response to # 51 MOTION to Appoint Counsel as Interim Class Counsel by 6/4/13; a status conference is set for 5/24/2013 at 01:00 PM by teleconference before Judge Michael R. Barrett regarding # 54 Motion to Stay; parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:00 pm. Signed by Judge Michael R. Barrett on 5/21/13. (ba1)
May 20, 2013 Filing 54 MOTION for Extension of Time to File Response/Reply as to # 51 MOTION to Appoint Counsel as Interim Class Counsel New date requested 6/4/2013. MOTION TO EXTEND TIME TO RESPOND TO PLAINTIFFS MOTION FOR APPOINTMENT OF INTERIM CLASS COUNSEL AND MOTION TO STAY by Interested Parties Lori Laskaris, Daniel Laskaris. (Johnson, Ronald)
May 20, 2013 Filing 53 MOTION for Extension of Time to Respond to # 51 Motion for Appointment of Interim Class Counsel and Motion to Stay by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. New date requested 6/4/2013. (Johnson, Ronald) Modified on 5/21/2013 (lk).
May 8, 2013 Filing 52 MOTION to Amend/Correct Complaint by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Attachments: # 1 Exhibit 1 (Proposed Second Amended Complaint), # 2 Exhibit A to Second Amended Complaint, # 3 Exhibit B to Second Amended Complaint) (Zavareei, Hassan)
April 30, 2013 Filing 51 MOTION to Appoint Counsel as Interim Class Counsel by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Attachments: # 1 Exhibit A - Zavareei Declaration, # 2 Exhibit B - Proposed Order) (Zavareei, Hassan)
April 5, 2013 Filing 50 NOTICE of Appearance by William Howard Hawkins, II for Defendant Fifth Third Bank (Hawkins, William)
April 4, 2013 Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 4/4/2013; Stuart Scott, Ben Barnow, Hassan Zavareei and Jeffrey Kaiiel appeared for Plaintiff; Brett Wall, Karl Fanter and William Hawkins appeared for Defendant; the court will schedule a follow status conference following the ruling of the pending # 25 Motion to Dismiss. (ba1)
April 3, 2013 Filing 49 NOTICE by Defendant Fifth Third Bank Of Filing Motion To Dismiss Or Transfer Related Case To This District (Attachments: # 1 Exhibit A - Motion to Dismiss or Transfer Laskaris v. Fifth Third Bank, # 2 Exhibit B - Complaint in Laskaris v. Fifth Third Bank) (Fanter, G.)
February 6, 2013 Filing 48 Response re # 46 Supplemental - Opposing, by Defendant Fifth Third Bank. (Fanter, G.)
February 4, 2013 Opinion or Order Filing 47 ORDER granting # 45 Motion for Leave to Appear Pro Hac Vice of Ben Barnow for Plaintiffs. Signed by Judge Michael R. Barrett on 2/4/13. (ba1)
January 30, 2013 Filing 46 Supplemental Memorandum Opposing re # 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Plaintiffs' Surreply Brief) filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Scott, Stuart)
January 30, 2013 Filing 45 MOTION for Leave to Appear Pro Hac Vice of Ben Barnow (Filing fee $ 200, receipt number 0648-3959056) by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Attachments: # 1 Exhibit Certificate of Good Standing) (Scott, Stuart)
January 30, 2013 Filing 44 NOTICE of Appearance by Stuart E Scott for Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney (Scott, Stuart)
January 23, 2013 Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 1/23/2013; Stuart Scott, Ben Barnow and Hassan Zavareei appeared for Plaintiff; Brett Wall, Karl Fanter and Bill Hawkins appeared for Defendant; the Court will permit a sur-reply and response by 1/30/13 and 2/6/13 respectively and will stay discovery pending the ruling re # 25 Motion to Dismiss; a follow up Status Conference set for 4/4/2013 at 10:00 AM by teleconference before Judge Michael R. Barrett; parties shall initiate contact with the Court by calling 513-564-7660 prior to 10:00 am. (ba1)
January 22, 2013 Filing 43 NOTICE by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney of Service of Plaintiffs' First Set of Interrogatories, First Set of Requests for Production, and First Set of Requests for Admissions to Defendants (Scott, Stuart)
January 16, 2013 Filing 42 REPLY to Response to Motion re # 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Fifth Third Bank. (Fanter, G.)
January 16, 2013 Filing 41 RULE 26(f) REPORT Joint Discovery Plan by Defendant Fifth Third Bank. (Fanter, G.)
December 28, 2012 Opinion or Order Filing 40 ORDER granting # 39 Motion for Extension of Time. Defendant shall file anyresponse on or before January 16, 2013. Signed by Judge Michael R. Barrett on 12/28/2012. (jlw)
December 28, 2012 Set/Reset Deadlines:, Set/Reset Deadlines as to # 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM .( Replies due by 1/16/2013.) (jlw)
December 26, 2012 Filing 39 MOTION for Extension of Time New date requested 1/16/2013. for Fifth Third Bank to file its reply brief in support of its motion to dismiss by Defendant Fifth Third Bank. (Fanter, G.)
December 20, 2012 Opinion or Order Filing 38 ORDER granting # 34 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 12/19/12. (ba1)
December 17, 2012 Filing 37 RESPONSE to Motion re # 34 MOTION for Leave to File Excess Pages filed by Defendant Fifth Third Bank. (Fanter, G.)
December 14, 2012 Filing 36 RESPONSE in Opposition re # 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Attachments: # 1 Appendix Unreported Cases) (Scott, Stuart)
December 14, 2012 Filing 35 BRIEF re # 34 MOTION for Leave to File Excess Pages by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Scott, Stuart)
December 14, 2012 Filing 34 MOTION for Leave to File Excess Pages by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Attachments: # 1 Text of Proposed Order Proposed Order) (Scott, Stuart)
December 4, 2012 NOTICE OF HEARING: Rule 26(f) Report due by 1/16/2013; Scheduling Conference set for 1/23/2013 at 01:30 PM by teleconference before Judge Michael R. Barrett; Parties shall initiate contact with the Court by calling 513-564-7660 five minutes prior to 1:30 pm. Parties may obtain all the pretrial forms such as the Rule 26(f) report and trial procedures used by the trial and Magistrate Judge by visiting our website at: www.ohsd.uscourts.gov (ba1)
December 3, 2012 Opinion or Order Filing 33 ORDER granting # 28 Motion for Extension of Time to File Response/Reply re # 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; Responses due by 12/14/2012. Signed by Judge Michael R. Barrett on 12/3/12. (ba1)
November 30, 2012 Opinion or Order Filing 32 ORDER granting # 26 Motion for Leave to Appear Pro Hac Vice of Jeffrey D. Kaliel for Plaintiffs. Signed by Judge Michael R. Barrett on 11/30/12. (ba1)
November 30, 2012 Opinion or Order Filing 31 ORDER granting # 27 Motion for Leave to Appear Pro Hac Vice of Hassan A. Zavareei for Plaintiffs. Signed by Judge Michael R. Barrett on 11/30/12. (ba1)
November 30, 2012 Opinion or Order Filing 30 ORDER granting # 24 Motion for Leave to File Memorandum in Support. Signed by Judge Michael R. Barrett on 11/30/12. (ba1)
November 27, 2012 Filing 29 BRIEF re # 28 MOTION for Extension of Time to File Response/Reply as to # 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 12/14/2012. by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Frech, Daniel)
November 27, 2012 Filing 28 MOTION for Extension of Time to File Response/Reply as to # 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 12/14/2012. by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Frech, Daniel)
November 26, 2012 Filing 27 MOTION for Leave to Appear Pro Hac Vice of Hassan A. Zavareei (Filing fee $ 200, receipt number 0648-3884693) by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Attachments: # 1 Exhibit Certificate of Good Standing) (Scott, Stuart)
November 26, 2012 Filing 26 MOTION for Leave to Appear Pro Hac Vice of Jeffrey D. Kaliel (Filing fee $ 200, receipt number 0648-3884643) by Plaintiffs Donald E. Adanich, Lyn A. Adanich, William R. Klopfenstein, Scott D. Little, Adam McKinney. (Attachments: # 1 Exhibit Certificate of Good Standing) (Scott, Stuart)
November 13, 2012 Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank. (Attachments: # 1 Memorandum in Support of Its Motion to Dismiss the Amended Complaint, # 2 Exhibit A -- Early Access Program Frequently Asked Questions) (Wall, Brett)
November 13, 2012 Filing 24 MOTION for Leave to File Instanter Its Memorandum in Support of Its Motion to Dismiss the Amended Complaint by Defendant Fifth Third Bank. (Wall, Brett)
November 2, 2012 Filing 23 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Daniel Frech, Hassan Zavareei, Ben Barnow, Jeffrey Kaliel, and G. Karl Fanter. (lk)
November 2, 2012 Filing 22 Case transferred in from District of Ohio Northern; Case Number 1:12-cv-02007. Original file electronic copy of transfer order and docket sheet received.
November 2, 2012 ***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (lk) Modified to clarify docket text on 11/5/2012 (mee).
October 31, 2012 Filing 21 Judgment . The Court has filed its OPINION AND ORDER transferring the case to the United States Court for the Southern District of Ohio, Western Division, pursuant to 28 U.S.C. 1404(a). Accordingly, this action is terminated pursuant to Federal Rule of Civil Procedure 58. Judge Christopher A. Boyko on 10/31/2012. (H,CM) [Transferred from Ohio Northern on 11/2/2012.]
October 31, 2012 Filing 20 Opinion and Order . In the interest of justice, and for the convenience of parties and witnesses, the Court finds that this matter should be transferred. The Court ORDERS this case transferred, pursuant to 28 U.S.C. 1404(a) to the United States District Court for the Southern District of Ohio, Western Division, which encompasses Cincinnati, and declines to consider the merits of Defendant's Motion to Dismiss (Related doc # 16 ). Judge Christopher A. Boyko on 10/31/2012. (H,CM) [Transferred from Ohio Northern on 11/2/2012.]
October 30, 2012 Opinion or Order Order [non-document] denying Plaintiffs' Motion for leave to file supplemental venue brief (Related Doc # 18 ). The Court is aware that an amended pleading was filed on 10/25/2012 and does not require supplemental briefing. Judge Christopher A. Boyko on 10/30/2012.(H,CM) [Transferred from Ohio Northern on 11/2/2012.]
October 26, 2012 Filing 19 DOCUMENT IS STICKEN -- Motion for leave to file was denied. Supplemental Brief (of Venue) Pursuant to Filing of Plaintiffs' First Amended Complaint filed by All Plaintiffs. (Scott, Stuart) Modified on 10/30/2012 (H,CM). [Transferred from Ohio Northern on 11/2/2012.]
October 26, 2012 Filing 18 Motion for leave to File Supplemental Venue Brief Pursuant to Plaintiffs' Filing of Their # 17 First Amended Complaint filed by William R. Klopfenstein, Adam McKinney. (Scott, Stuart) Modified text and created link on 10/30/2012 (P,G). [Transferred from Ohio Northern on 11/2/2012.]
October 25, 2012 Filing 17 First Amended complaint against All Defendants and adding new party plaintiff(s) D. Scott Little, Donald E. Adanich and Lyn A. Adanich, Filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Big Bank Payday Loans, # 2 Exhibit B - Guide to Key Features of Fifth Third Early Access, # 3 Praecipe, # 4 Summons) (Scott, Stuart) Modified on 10/30/2012 to add Donald E. and Lyn A. Adanich (P,G). [Transferred from Ohio Northern on 11/2/2012.]
October 25, 2012 Opinion or Order Order [non-document]granting Motion for appearance pro hac vice by attorney Ben Barnow for William R. Klopfenstein and Adam McKinney. 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 # 15 ). Judge Christopher A. Boyko on 10/25/2012.(R,D) [Transferred from Ohio Northern on 11/2/2012.]
October 24, 2012 Filing 16 Motion to dismiss for failure to state a claim filed by Defendant Fifth Third Bank. Related document(s) # 1 ,. (Attachments: # 1 Brief in Support, # 2 Exhibit A--Early Access Program Terms & Conditions)(Fanter, G.) [Transferred from Ohio Northern on 11/2/2012.]
October 23, 2012 Filing 15 Motion for attorney Ben Barnow to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5650427, filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Affidavit of Ben Barnow, Esq., # 2 Exhibit 1 of Affidavit - Certificate of Admission to the Bar of Illinois)(Scott, Stuart) [Transferred from Ohio Northern on 11/2/2012.]
October 23, 2012 Opinion or Order Order [non-document] as moot Unopposed Motion to excuse Fifth Third Bank's Attendance (Related Doc # 12 ); moot Plaintiff's Motion to excuse Plaintiff's Attendance (Related Doc # 13 ). Case management conference on 10/25/2012 is cancelled until further order of the Court. Judge Christopher A. Boyko on 10/23/2012.(R,D) [Transferred from Ohio Northern on 11/2/2012.]
October 22, 2012 Filing 14 Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and L.R. 16.3(b) , parties do not consent to this case being assigned to the magistrate judge, filed by All Parties. (Scott, Stuart) [Transferred from Ohio Northern on 11/2/2012.]
October 18, 2012 Filing 13 Motion to excuse appearance of Plaintiffs at the 10/25/2012 Case Management Conference filed by William R. Klopfenstein, Adam McKinney. Related document(s) # 7 . (Scott, Stuart) [Transferred from Ohio Northern on 11/2/2012.]
October 18, 2012 Filing 12 Unopposed Motion to excuse appearance of the defendant Fifth Third Bank at the October 25, 2012 case management conference filed by Defendant Fifth Third Bank. Related document(s) # 7 . (Fanter, G.) [Transferred from Ohio Northern on 11/2/2012.]
October 16, 2012 Filing 11 Cross Brief Explaining Why The Most Convenient Venue Is The Southern District of Ohio, Western Division filed by Fifth Third Bank. Related document(s) # 10 , # 9 . (Fanter, G.) [Transferred from Ohio Northern on 11/2/2012.]
October 16, 2012 Filing 10 Response to show cause regarding venue filed by William R. Klopfenstein, Adam McKinney. Related document(s) # 9 . (Scott, Stuart) Modified event to a response on 10/17/2012 (P,G). [Transferred from Ohio Northern on 11/2/2012.]
October 10, 2012 Opinion or Order Filing 9 Order to Show Cause. Parties shall file cross-briefs, no more than five pages in length, by 10/16/2012 on the issue of whether venue is appropriate in the U.S. District Court for the Northern District of Ohio, or in the U.S. District Court for the Southern District of Ohio, Western Division, which encompasses Cincinnati. Judge Christopher A. Boyko on 10/10/2012. (H,CM) [Transferred from Ohio Northern on 11/2/2012.]
September 24, 2012 Filing 8 Unopposed Motion for extension of time until October 24, 2012 to answer filed by Defendant Fifth Third Bank. Related document(s) # 1 ,. (Fanter, G.) [Transferred from Ohio Northern on 11/2/2012.]
September 24, 2012 Opinion or Order Order [non-document] granting Defendant's unopposed # 8 Motion for Extension of Time until 10/24/2012 to Answer. Judge Christopher A. Boyko on 9/24/2012.(H,CM) [Transferred from Ohio Northern on 11/2/2012.]
September 18, 2012 Filing 7 Notice of Case Management Conference . Conference to be held on 10/25/2012 at 02:00 PM at Chambers 15B. Judge Christopher A. Boyko on 9/18/2012. (Attachments: # 1 Report of Parties' Planning Meeting, # 2 Consent Package)(H,CM) [Transferred from Ohio Northern on 11/2/2012.]
September 11, 2012 Opinion or Order Order [non-document] granting Plaintiffs' Motion for attorneys Hassan A. Zavareei and Jeffrey D. Kaliel to appear pro hac vice (Related Doc #'s # 5 , # 6 ). 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. Judge Christopher A. Boyko on 9/11/2012.(H,CM) [Transferred from Ohio Northern on 11/2/2012.]
September 6, 2012 Filing 6 Motion for attorney Jeffrey D. Kaliel, Esq. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5568276, filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Affidavit of Jeffrey D. Kaliel, Esq. with Certificates of Good Standing)(Scott, Stuart) [Transferred from Ohio Northern on 11/2/2012.]
September 6, 2012 Filing 5 Motion for attorney Hassan A. Zavareei, Esq. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5568234, filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Affidavit of Hassan A. Zavareei, Esq. with Certificates of Good Standing)(Scott, Stuart) [Transferred from Ohio Northern on 11/2/2012.]
August 23, 2012 Filing 4 Unopposed Motion for extension of time until October 4, 2012 to answer filed by Defendant Fifth Third Bank. Related document(s) # 1 . (Fanter, G.) [Transferred from Ohio Northern on 11/2/2012.]
August 23, 2012 Opinion or Order Order [non-document] granting Defendant's unopposed # 4 Motion for Extension of Time until 10/4/2012 to Answer. Judge Christopher A. Boyko on 8/23/2012.(H,CM) [Transferred from Ohio Northern on 11/2/2012.]
August 15, 2012 Filing 3 Return of Service by Clerk by certified mail executed upon Fifth Third Bank, no date of service indicated on green card, filed on behalf of All Plaintiffs. Related document(s) # 1 . (B,B) [Transferred from Ohio Northern on 11/2/2012.]
August 10, 2012 Service by Clerk. Summons and Complaint addressed to Fifth Third Bank placed in U.S. Mail. Type of service: certified mail. Receipt # 70111570000002336981. (C,BA) [Transferred from Ohio Northern on 11/2/2012.]
August 6, 2012 Filing 2 Original Summons and Magistrate Consent Form issued for service upon Fifth Third Bank. (Attachments: # 1 Magistrate Consent Form) (C,B) [Transferred from Ohio Northern on 11/2/2012.]
August 6, 2012 Judge Christopher A. Boyko assigned to case. (C,B) [Transferred from Ohio Northern on 11/2/2012.]
August 6, 2012 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Vecchiarelli. (C,B) [Transferred from Ohio Northern on 11/2/2012.]
August 3, 2012 Filing 1 Complaint with jury demand (Class Action) against Fifth Third Bank. Filing fee paid $ 350, Receipt number 0647-5501058. Filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Big Bank Payday Loans, # 2 Exhibit B - Guide to Key Features of Fifth Third Early Access, # 3 Civil Cover Sheet, # 4 Summons) (Scott, Stuart) Modified text on 8/6/2012 (C,B). Modified on 8/7/2012 to remove double wording (P,G). [Transferred from Ohio Northern on 11/2/2012.]

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Search for this case: Klopfenstein et al v. Fifth Third Bank
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Plaintiff: Donald E. Adanich
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Hassan A Zavareei
Represented By: Rachel S. Bloomekatz
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Ben Barnow
Represented By: Erich P. Schork
Represented By: Jeffrey D Kaliel
Represented By: Matthew Wessler
Represented By: Anna C. Haac
Represented By: Dennis R Lansdowne
Represented By: Dia Rasinariu
Represented By: Erich Paul Schork
Represented By: Shana Khader
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Plaintiff: Lyn A. Adanich
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Hassan A Zavareei
Represented By: Rachel S. Bloomekatz
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Ben Barnow
Represented By: Erich P. Schork
Represented By: Jeffrey D Kaliel
Represented By: Matthew Wessler
Represented By: Anna C. Haac
Represented By: Erich Paul Schork
Represented By: Shana Khader
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Plaintiff: Janet Fyock
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Corey D Sullivan
Represented By: Kevin C. Hulick
Represented By: Penny Unkraut Hendy
Represented By: Francis (Casey) J Flynn
Represented By: Rachel S. Bloomekatz
Represented By: Jason Kyle Whittemore
Represented By: Erich P. Schork
Represented By: Matthew Wessler
Represented By: Tiffany Marko Yiatras
Represented By: Anna C. Haac
Represented By: Hassan A Zavareei
Represented By: Dennis R Lansdowne
Represented By: Dia Rasinariu
Represented By: Erich Paul Schork
Represented By: Shana Khader
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Plaintiff: Brian Harrison
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Kevin C. Hulick
Represented By: Penny Unkraut Hendy
Represented By: Rachel S. Bloomekatz
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Alex C. Davis
Represented By: Erich P. Schork
Represented By: Randy Ratliff
Represented By: Matthew Wessler
Represented By: Jasper D. Ward
Represented By: Anna C. Haac
Represented By: Hassan A Zavareei
Represented By: Dennis R Lansdowne
Represented By: Dia Rasinariu
Represented By: Erich Paul Schork
Represented By: Shana Khader
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Plaintiff: William R. Klopfenstein
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Kevin C. Hulick
Represented By: Hassan A Zavareei
Represented By: Rachel S. Bloomekatz
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Ben Barnow
Represented By: Erich P. Schork
Represented By: Jeffrey D Kaliel
Represented By: Matthew Wessler
Represented By: Anna C. Haac
Represented By: Dennis R Lansdowne
Represented By: Erich Paul Schork
Represented By: Shana Khader
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Plaintiff: Daniel Laskaris
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Alexander Phillip Owings
Represented By: Kevin C. Hulick
Represented By: Rachel S. Bloomekatz
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Steven A Owings
Represented By: Erich P. Schork
Represented By: Kevin Michael McLaughlin
Represented By: Matthew Wessler
Represented By: Anna C. Haac
Represented By: Hassan A Zavareei
Represented By: Dennis R Lansdowne
Represented By: Dia Rasinariu
Represented By: Erich Paul Schork
Represented By: Shana Khader
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Plaintiff: Lori Laskaris
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Alexander Phillip Owings
Represented By: Kevin C. Hulick
Represented By: Rachel S. Bloomekatz
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Steven A Owings
Represented By: Erich P. Schork
Represented By: Kevin Michael McLaughlin
Represented By: Matthew Wessler
Represented By: Anna C. Haac
Represented By: Hassan A Zavareei
Represented By: Dennis R Lansdowne
Represented By: Dia Rasinariu
Represented By: Erich Paul Schork
Represented By: Shana Khader
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Plaintiff: Adam McKinney
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Kevin C. Hulick
Represented By: Hassan A Zavareei
Represented By: Rachel S. Bloomekatz
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Ben Barnow
Represented By: Erich P. Schork
Represented By: Jeffrey D Kaliel
Represented By: Matthew Wessler
Represented By: Anna C. Haac
Represented By: Dennis R Lansdowne
Represented By: Dia Rasinariu
Represented By: Erich Paul Schork
Represented By: Shana Khader
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Plaintiff: Scott D. Little
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Hassan A Zavareei
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Ben Barnow
Represented By: Jeffrey D Kaliel
Represented By: Shana Khader
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Plaintiff: Jessie McQuillen
Represented By: Daniel Frech
Represented By: Stuart E Scott
Represented By: Penny Unkraut Hendy
Represented By: Jason Kyle Whittemore
Represented By: Ronald Edward Johnson, Jr.
Represented By: Alex C. Davis
Represented By: Jasper D. Ward
Represented By: Shana Khader
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Defendant: Fifth Third Bank
Represented By: G. Karl Fanter
Represented By: William Howard Hawkins, II
Represented By: Aaron Stenzler Weiss
Represented By: Russell K. Scott
Represented By: Enu A Mainigi
Represented By: Kenneth C. Smurzynski
Represented By: Dante A. Marinucci
Represented By: John Morgan McGarvey
Represented By: Risha Asokan
Represented By: Craig D Singer
Represented By: Brett A Wall
Represented By: Sam Anthony Camardo
Represented By: Garry K. Grooms
Represented By: James Eugene Burke
Represented By: John D Parker
Represented By: John T. McGarvey
Represented By: Craig D. Singer
Represented By: Amy B. McKinlay
Represented By: James Eugene Burke, III
Represented By: Steven M. Pyser
Represented By: Timothy M. Pellegrino
Represented By: Carrie Dettmer Slye
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