Smith v. Cash America International, Inc.
| Blanche T Smith |
| Cash America International, Inc. |
| 1:2015cv00760 |
| November 30, 2015 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Michael R Barrett |
| Personal Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| ***Civil Case Terminated pursuant to #37 Stipulation of Dismissal. (ba) |
| Filing 37 STIPULATION of Dismissal by Plaintiff Blanche T Smith. (Giles, Brian) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 7/31/2019; Brian Giles appeared for Plaintiff; Rand McClellan appeared for Defendant; plaintiff reports his client is non-responsive and would consider a dismissal; defendant would like to consult his client; the parties shall confer and reach out to the Court as necessary. (ba) |
Filing 36
ORDER granting #35 Motion for Reconsideration re #33 Order on Motion to Strike signed by Judge Michael R. Barrett on 07/05/2019. (bjc)
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| Minute Entry for proceedings held before Judge Michael R. Barrett; Status Conference held on 7/5/2019; Brian Giles appeared for Plaintiff; Rand McClellan appeared for Defendant; by separate Order, the Court will grant the parties' #35 Joint Motion to Reconsider; Plaintiff's counsel will continue his efforts to reach his client regarding Defendant's settlement offer; a follow-up Status Conference is set for 7/31/2019 at 3:30 PM by teleconference. NOTE: parties shall refer to the entry on 6/27/2019 for conferencing instructions (bjc) |
| Filing 35 Joint MOTION for Reconsideration re #33 Order on Motion to Strike, by Defendant Cash America International, Inc.. (Attachments: #1 Text of Proposed Order) (McClellan, Rand) |
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Filing 34
CLERK'S JUDGMENT filed concurrently with #33 Order signed by Judge Michael R. Barrett on 6/3/19. (ba)
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Filing 33
ORDER granting #19 Motion to Strike Class Allegations; this matter is remanded to the Court of Common Pleas for Hamilton County, Ohio. Signed by Judge Michael R. Barrett on 6/3/19. (ba) (Additional attachment(s) added on 6/4/2019: #1 Correct Document) (ba).
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| Notice of Correction re: #33 Order on Motion to Strike; the original document was docketed without the Court's signature. The corrected document was added and a NEF regenerated. (ba) |
| Minute entry for proceedings held before Judge Michael R. Barrett: Status conference held on 10/6/2017; Bryan Giles appeared for Plaintiff; Rand McClellan appeared for Defendant; Motion to Strike (Doc. 19) is fully briefed, including sur-reply and sur-sur-reply; the parties seek a ruling on Motion to Strike before revisiting issue of settlement; the Motion to Strike is taken under advisement. (sct) |
| Filing 32 Response to Plaintiff's Sur-Reply [Doc. 31] by Defendant Cash America International, Inc.. (Attachments: #1 Exhibit A - Rocky Phillips Deposition Transcript Excerpts, #2 Exhibit B - Angela Allen Deposition Transcript Excerpts, #3 Exhibit C - Jeff Phillips Deposition Transcript Excerpts, #4 Exhibit D - Email from R. McClellan to B. Giles, August 13, 2017, #5 Exhibit E - Declaration of Rusty Rhodes, #6 Exhibit F - Second Declaration of Jeff Phillips) (McClellan, Rand) |
| Filing 31 Supplemental Memorandum Opposing re #19 MOTION to Strike Class Allegations filed by Plaintiff Blanche T Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Lenox, Bryce) |
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Filing 30
ORDER granting #27 Motion for Leave to File Sur-Reply re #19 Motion to Strike Class Allegations; Plaintiff Sur-reply due 9/29/17; Defendant Sur-Reply due 10/5/17; a status conf is set for 10/6/17 at 11:30 am. Signed by Judge Michael R. Barrett on 9/21/17. (ba)
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| NOTICE of Hearing: Please be aware that a Status Conference is set for 10/6/2017 at 11:30 AM by teleconference before Judge Michael R. Barrett; parties shall refer to #5 Notice of Telephone Conference for conferencing instructions. (ba) |
| Filing 29 REPLY to Response to Motion re #27 MOTION for Leave to File Sur Reply filed by Plaintiff Blanche T Smith. (Lenox, Bryce) |
| Filing 28 RESPONSE to Motion re #27 MOTION for Leave to File Sur Reply [DEFENDANT CASH AMERICA'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO FILE A SUR REPLY IN SUPPORT OF HER OPPOSITION TO DEFENDANT'S MOTION TO STRIKE CLASS ALLEGATIONS] filed by Defendant Cash America International, Inc.. (Attachments: #1 Text of Proposed Order) (McClellan, Rand) |
| Filing 27 MOTION for Leave to File Sur Reply by Plaintiff Blanche T Smith. (Attachments: #1 Text of Proposed Order) (Lenox, Bryce) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/30/2017 with Law Clerk; Brian Giles appeared for Plaintiff; Rand McClellan and Keesha Warmsby appeared for Defendant; parties are permitted to file any supplement briefing; the Court will follow up on or about 90 days. (ba) |
| Filing 26 NOTICE of Change of Address by Keesha N. Warmsby (Warmsby, Keesha) |
| Filing 25 NOTICE of Change of Address by Rand L McClellan (McClellan, Rand) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 5/18/2017; Brian Giles appeared for Plaintiff; Rand McClellan and Keesha Warmsby appeared for Defendant; plaintiff is permitted to file a motion to compel and a motion for leave to file a sur-reply; the final pretrial conference set for 6/30/2017 at 09:30 AM has been converted to a status conference to remain set for 6/30/17 at 9:30 am but to be conducted by teleconference before Judge Michael R. Barrett; parties shall refer to #5 Notice of Telephone Conference for conferencing instructions. (ba) |
| NOTICE of Hearing: Please be aware that a Discovery Conference is set for 5/18/2017 at 03:00 PM by teleconference before Judge Michael R. Barrett; parties shall refer to #5 Notice of Telephone Conference for conferencing instructions. (ba) |
| NOTICE TERMINATING DEADLINES/HEARINGS - Please be aware that the Settlement Conference set for 3/30/17 is VACATED. (ba) |
| NOTICE of Hearing: The Settlement Conference set for 3/23/2017 is RESET to 3/30/2017 at 1:30 p.m., Room 239, before the Honorable Michael R. Barrett. The Court will conduct ex parte conferences prior to the scheduled settlement conference. To the extent that there have been developments in the status of settlement discussions since ex parte position papers were last submitted to the Court, Parties shall supplement their limited 5-page ex parte position statement which shall be emailed to the Court at barrett_chambers@ohsd.uscourts.gov no later than 3/25/2017. (mr) |
| NOTICE of Hearing: The Settlement Conference set for 3/15/2017 is RESET to 3/23/2017 at 10:00 a.m., Room 239, before the Honorable Michael R. Barrett. The Court will conducted ex parte 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. (mr) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/16/2017; Brian Giles appeared for Plaintiff; Rand McClellan and Keesha Warmsby appeared for Defendant; case to proceed as scheduled with a settlement conference set for 3/15/17 at 9:30 am, Room 239, before the Honorable 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 3/8/17. The Court will conducted 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) |
| NOTICE of Hearing: Please be aware that the Status Conference set for 1/25/17 is RESET to 2/16/2017 at 11:30 AM and remains set by teleconference before Judge Michael R. Barrett; parties shall refer to #5 Notice of Telephone Conference for conferencing instructions. (ba) |
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Filing 24
ORDER holding in abeyance #19 Motion to Strike filed by Cash America International, Inc.; a Status Conference is set for 1/25/2017 at 10:00 AM by teleconference before Judge Michael R. Barrett to provide the Court with an update regarding progress of targeted discovery; NOTE: parties shall refer to the entry at #5 Notice of Conference for conferencing instructions . Signed by Judge Michael R. Barrett on 11/28/16. (ba)
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| Filing 23 NOTICE of Substitution of Counsel - Rand L McClellan substituting for Anthony M. Sharett as to Defendant Cash America International, Inc.. (McClellan, Rand) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/13/2016 with Law Clerk; Brian Giles appeared for Plaintiff; Keesha Warmsby and Rand McClellan appeared for Defendant; ruling on pending motions to follow. (ba) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 10/13/2016 at 03:30 PM by teleconference before Judge Michael R. Barrett; parties shall refer to #5 Notice of Telephone Conference for conferencing instructions. (ba) |
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Filing 22
ORDER granting in part and denying in part #10 Motion for Judgment on the Pleadings. Count 4 Violation of Ohio Deceptive Trade Practices Act is DISMISSED. All other claims remain. Signed by Judge Michael R. Barrett on 9/16/2016. (jee)
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| Filing 21 REPLY to Response to Motion re #19 MOTION to Strike Class Allegations filed by Defendant Cash America International, Inc.. (McClellan, Rand) |
| Filing 20 RESPONSE in Opposition re #19 MOTION to Strike Class Allegations filed by Plaintiff Blanche T Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Lenox, Bryce) |
| Filing 19 MOTION to Strike Class Allegations by Defendant Cash America International, Inc.. Responses due by 7/25/2016 (Attachments: #1 Exhibit 1 - GemeOro Manual, #2 Exhibit 2 - Declaration of Rocky Phillips, #3 Exhibit 3 - Declaration of Jeff Phillips) (McClellan, Rand) |
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Filing 18
ORDER granting #17 Motion for Leave to File Excess Pages; Defendant shall file its Motion to Strike Class Allegations and Memorandum in Support within 10 days of this Order. Signed by Judge Michael R. Barrett on 6/29/16. (ba)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/29/2016; Brian Giles appeared for Plaintiff; Keesha Warmsby and Rand McClellan appeared for Defendant; parties to brief the motion to strike by defendant; a follow up status conference will be set following the briefing; #17 Motion for Excess pages to be granted - order to follow. (ba) |
| Filing 17 Unopposed MOTION for Leave to File Excess Pages to Its Motion and Memorandum to Strike Plaintiff's Class Allegations by Defendant Cash America International, Inc.. Responses due by 7/22/2016 (Attachments: #1 Text of Proposed Order, #2 Motion to Strike Class Allegations) (McClellan, Rand) |
| Filing 16 NOTICE by Plaintiff Blanche T Smith of Lay Witness Disclosure (Lenox, Bryce) |
| Filing 15 NOTICE by Plaintiff Blanche T Smith of Expert Disclosure (Attachments: #1 Exhibit Expert Report of Charles Cleves) (Lenox, Bryce) |
| Filing 14 REPLY to Response to Motion re #10 MOTION for Judgment on the Pleadings (Partial) filed by Defendant Cash America International, Inc.. (McClellan, Rand) |
| Filing 13 RESPONSE in Opposition re #10 MOTION for Judgment on the Pleadings (Partial) filed by Plaintiff Blanche T Smith. (Lenox, Bryce) |
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Filing 12
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 3/17/16. (ba)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/17/2016; Brian Giles appeared for Plaintiff; Rand McClellan appeared for Defendant; parties to conduct discovery and follow up for a Status Conference set 6/29/2016 at 10:00 AM by teleconference before Judge Michael R. Barrett; parties shall refer to #5 Notice of Telephone Conference for conferencing instructions. (ba) |
| Filing 11 Joint MOTION for Entry of Stipulated Protective Order by Defendant Cash America International, Inc.. (Attachments: #1 Exhibit A - Stipulated Protective Order) (McClellan, Rand) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 2/29/2016; Brian Giles appeared for Plaintiff; Keesha Warmsby and Rand McClellen appeared for Defendant; parties to continue work on offers/demands and follow up with the Court for a Status Conference set for 3/17/2016 at 11:30 AM by teleconference before Judge Michael R. Barrett; parties shall refer to #5 Notice of Telephone Conference for conferencing instructions. (ba) |
| Filing 10 MOTION for Judgment on the Pleadings (Partial) by Defendant Cash America International, Inc.. Responses due by 3/21/2016 (McClellan, Rand) |
| Filing 9 NOTICE by Defendant Cash America International, Inc. Of Withdrawal of Counsel (Sharett, Anthony) |
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Filing 8
CALENDAR ORDER: Plaintiff offer due 2/12/16. Defendant response due 2/27/16. Amended Pleadings due by 11/14/2016. Motions directed to pleadings due by 3/31/2016. Lay Witness due by 6/15/2016. Status Conference set for 2/29/2016 at 10:30 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 5/27/2016. Plaintiff Rebuttal Expert due by 8/15/2016. Defendant Primary Expert due by 7/15/2016. Discovery due by 1/15/2017. Motions due by 2/15/2017. Settlement Conference set for 3/15/2017 at 09:30 AM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 6/30/2017 at 09:30 AM in Chambers before Judge Michael R. Barrett. Jury trial 8/2017. Signed by Judge Michael R. Barrett on 1/22/16. (ba)
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| Filing 7 NOTICE of Appearance by Keesha N. Warmsby for Defendant Cash America International, Inc. (Warmsby, Keesha) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Scheduling Conference held on 1/22/2016; no appearance by Plaintiff; Rand McClellan appeared for Defendant; calendar order to be issued. (ba) |
| Filing 6 RULE 26(f) REPORT by Plaintiff Blanche T Smith. (Lenox, Bryce) |
| Filing 5 NOTICE: Please be aware that a Scheduling Conference is set for 1/22/2016 09:45 at AM by teleconference before Judge Michael R. Barrett. Rule 26(f) Report due by 1/15/2016. 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. NOTE: You will be required to use this information each time the Court conducts a telephone conference. (ba) |
| Filing 4 ANSWER to #3 Complaint filed by Cash America International, Inc.. (McClellan, Rand) |
| ***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (sct) |
| Filing 3 COMPLAINT with JURY DEMAND against Cash America International, Inc., filed by Blanche T Smith. Originally filed in Hamilton County Court of Common Pleas on 10/27/15. (sct) |
| Filing 2 NOTICE by Defendant Cash America International, Inc. of Filing Notice of Notice of Removal (Attachments: #1 Exhibit 1. Notice of Filing Notice of Removal) (McClellan, Rand) |
| Filing 1 NOTICE OF REMOVAL ( Filing fee $ 400 paid - receipt number: 0648-5292587), filed by Cash America International, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1. Complaint, #4 Exhibit 2. Hamilton County Case Docket, #5 Exhibit 3. Declaration of Amber Wood) (McClellan, Rand) |
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