Harmon v. Fifth Third Bancorp
| Billie Joann Harmon |
| Fifth Third Bancorp |
| 1:2018cv00402 |
| June 7, 2018 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| XX US, Outside State |
| Michael R Barrett |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 16, 2020. A more recent docket listing may be available from PACER.
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| Filing 55 USCA Case Number 20-3623 for #54 Notice of Appeal filed by Billie Joann Harmon. (pb) |
| Filing 54 NOTICE OF APPEAL re #53 Clerk's Judgment (Filing fee has been paid, receipt number 0648-7508738) by Plaintiff Billie Joann Harmon. Appeal Record due by 6/15/2020. (Beridon, Alyson) |
Filing 53
CLERK'S JUDGMENT filed concurrently with #52 Order signed by Judge Michael R. Barrett on 5/15/20. (ba)
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Filing 52
ORDER granting #28 Motion to Dismiss. Signed by Judge Michael R. Barrett on 5/15/20. (ba)
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| NOTICE of Hearing: Please be aware that a Settlement Conference is set for 8/19/2020 at 10:00 AM 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 8/12/20. 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) |
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Filing 51
(AMENDED) CALENDAR ORDER granting #50 Joint MOTION to Amend/Correct December 19, 2019 Scheduling Order filed by Billie Joann Harmon; Plaintiff Primary Expert due by 6/15/2020. Plaintiff's Motion for Class Certification due 6/15/2020. Response due 7/14/2020. Reply due 8/14/2020. Defendant Primary Expert due by 8/17/2020. Disclosure of Non-Expert (Fact) Witness due by 7/27/2020. Rebuttal Expert due by 10/2/2020. Discovery due by 10/27/2020. Remainder of the calendar vacated. Signed by Judge Michael R. Barrett on 4/15/20. (ba)
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| Filing 50 Joint MOTION to Amend/Correct December 19, 2019 Scheduling Order by Plaintiff Billie Joann Harmon. (Attachments: #1 Text of Proposed Order Amending December 19, 2019 Scheduling Order) (Toops, Lynn) |
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Filing 49
ORDER finding as moot #22 Motion to Dismiss for Failure to State a Claim. Signed by Judge Michael R. Barrett on 3/31/20. (ba)
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Filing 48
AMENDED CALENDAR ORDER granting #47 Joint MOTION to Amend/Correct #46 Preliminary Pretrial Order. Plaintiff Primary Expert due by 4/16/2020. Defendant Primary Expert due by 6/16/2020. Disclosure of Non-Expert (Fact) Witness due by 5/28/2020. Rebuttal Expert due by 8/3/2020. Discovery due by 8/28/2020., Class Motion due by 4/15/2020. Response due 5/15/2020. Reply due 6/15/2020. Dispositive motions due by 9/15/2020. Settlement Conference reset for 5/18/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference reset for 12/9/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Jury trial 2/2021. Signed by Judge Michael R. Barrett on 12/17/19. (ba)
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| Filing 47 Joint MOTION to Amend/Correct #46 Preliminary Pretrial Order,,, Terminate Motions,, by Defendant Fifth Third Bancorp. (Attachments: #1 Text of Proposed Order) (Walton, Victor) |
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Filing 46
(AMENDED CALENDAR) ORDER granting #45 Joint MOTION to Amend/Correct July 18, 2019 Calendar Order filed by Billie Joann Harmon. Plaintiff Primary Expert due by 1/16/2020. Defendant Primary Expert due by 3/16/2020. Disclosure of Non-Expert (Fact) Witness due by 2/28/2020. Rebuttal Expert due by 5/1/2020. Discovery due by 5/28/2020. Class Certification Motion due by 1/15/2020. Dispositive motions due by 6/15/2020. Settlement Conference set for 2/25/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 11/19/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Jury trial 1/2021. Signed by Judge Michael R. Barrett on 9/29/19. (ba)
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| Filing 45 Joint MOTION to Amend/Correct July 18, 2019 Calendar Order by Plaintiff Billie Joann Harmon. (Attachments: #1 Text of Proposed Order) (Toops, Lynn) |
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Filing 44
ORDER AMENDING 11/23/19 CALENDAR ORDER: Plaintiff Primary Expert due by 10/16/2019. Defendant Primary Expert due by 12/16/2019. Rebuttal Expert due by 2/3/2020. Discovery due by 2/28/2020. Motions not directed to pleadings due by 4/15/2020. Class Certification motions due by 10/15/2019. Responses due by 11/15/2019 Replies due by 12/16/2019. Settlement Conference set for 2/25/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 7/31/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Jury trial 9/2020. Signed by Judge Michael R. Barrett on 7/18/19. (ba)
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| Filing 43 Joint MOTION for Order to Extend Deadlines by Three Months by Plaintiff Billie Joann Harmon. (Attachments: #1 Text of Proposed Order Amending November 23, 2018 Calendar Order) (Toops, Lynn) |
| Filing 42 Reply re #41 Response (non motion) to Defendant's Response to Plaintiff's Notice of Supplemental Authority by Plaintiff Billie Joann Harmon. (Beridon, Alyson) |
| Filing 41 Response re #40 Notice (Other) to Plaintiff's Notice of Supplemental Authority by Defendant Fifth Third Bancorp. (Walton, Victor) Modified to create link to doc. #28 on 6/11/2019 (eh). |
| Filing 40 NOTICE by Plaintiff Billie Joann Harmon re #32 Response in Opposition to Motion OF SUPPLEMENTAL AUTHORITY (Attachments: #1 Exhibit In re Fifth Third Early Access Cash Advance Litigation) (Beridon, Alyson) |
| Filing 39 NOTICE of Change of Address by Alyson Steele Beridon (Beridon, Alyson) |
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Filing 38
ORDER granting #36 , #37 Motions for Leave to Appear Pro Hac Vice of Jeffrey Kaliel and Sophia Gold for plaintiff. Signed by Judge Michael R. Barrett on 1/16/19. (ba)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/15/2019; Gerard Stranch, Alyson Beridon, Lynn Toops and Jeffrey Kaliel appeared for Plaintiff; Victor Walton and Nathan Colvin appeared for Defendant; a follow up status conference will be set following the ruling of #22 Motion to Dismiss. (ba) |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6750059) of Sophia Gold by Plaintiff Billie Joann Harmon. (Attachments: #1 Exhibit Certificate of Good Standing) (Beridon, Alyson) |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6750017) of Jeffrey D Kaliel by Plaintiff Billie Joann Harmon. (Attachments: #1 Exhibit Certificate of Good Standing) (Beridon, Alyson) |
| Filing 35 REPLY to Response to Motion re #28 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Fifth Third Bancorp. (Walton, Victor) |
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Filing 34
CALENDAR ORDER: Amended Pleadings due by 4/1/2019. Lay Witness due by 8/30/2019. Status Conference set for 1/15/2019 at 10:00 AM by teleconference before Judge Michael R. Barrett. Class Certification Motion due by 7/15/2019. Plaintiff Primary Expert due by 7/16/2019. Plaintiff Rebuttal Expert due by 11/1/2019. Defendant Primary Expert due by 9/16/2019. Discovery due by 11/29/2019. Motions not directed to pleadings due by 1/15/2020. Settlement Conference set for 2/15/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 7/31/2020 at 10:00 AM in Chambers before Judge Michael R. Barrett. Jury trial 9/2020. Signed by Judge Michael R. Barrett on 11/21/18. (ba)
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Filing 33
ORDER granting #31 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 11/19/18. (ba)
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| Filing 32 RESPONSE in Opposition re #28 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Billie Joann Harmon. (Toops, Lynn) |
| Filing 31 Unopposed MOTION for Leave to File Excess Pages by Plaintiff Billie Joann Harmon. (Attachments: #1 Text of Proposed Order) (Toops, Lynn) |
| Filing 30 STIPULATED ESI PROTOCOL. Signed by Judge Michael R. Barrett on 10/31/18. (ba) |
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Filing 29
PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 10/31/18. (ba)
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| Filing 28 MOTION to Dismiss ( Responses due by 11/2/2018), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bancorp. (Attachments: #1 Supplement Declaration of Alice Schloemer, #2 Exhibit 1 to Schloemer Declaration, #3 Exhibit 2 to Schloemer Declaration, #4 Exhibit 3 to Schloemer Declaration, #5 Exhibit 4 to Schloemer Declaration, #6 Exhibit 5 to Schloemer Declaration, #7 Exhibit 6 to Schloemer Declaration, #8 Text of Proposed Order) (Walton, Victor) |
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Filing 27
ORDER re: Rule 26(f) Report; Report date due by 10/2/2018. Signed by Judge Michael R. Barrett on 10/7/18. (ba) Modified signature date on 10/12/2018 (eh).
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Filing 26
ORDER granting #25 Motion for Leave to File Excess Pages. Signed by Judge Michael R. Barrett on 10/9/18. (ba) Modified to correct signature date on 10/12/2018 (eh).
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| Filing 25 Unopposed MOTION for Leave to File Excess Pages by Defendant Fifth Third Bancorp. (Walton, Victor) |
| Filing 24 RULE 26(f) REPORT by Plaintiff Billie Joann Harmon. (Toops, Lynn) |
| Filing 23 AMENDED COMPLAINT against Fifth Third Bancorp, filed by Billie Joann Harmon. (Attachments: #1 Exhibit 1- Fifth Third Rules and Regulations, #2 Exhibit 2- Fifth Third Fee Disclosure, #3 Exhibit 3- Fifth Third Digital Services User Agreement) (Toops, Lynn) |
| NOTICE of Deadline: Rule 26(f) Report due by 9/28/2018. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bancorp. (Attachments: #1 Supplement Schloemer Declaration, #2 Exhibit Ex. 1 to Schloemer Declaration, #3 Exhibit Ex. 2 to Schloemer Declaration, #4 Exhibit Ex. 3 to Schloemer Declaration, #5 Exhibit Ex. 4 to Schloemer Declaration, #6 Exhibit Ex. 5 to Schloemer Declaration, #7 Exhibit Ex. 6 to Schloemer Declaration, #8 Text of Proposed Order) (Walton, Victor) |
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Filing 21
ORDER granting #19 Motion for Extension of Time to Answer re #1 Complaint; Fifth Third Bancorp answer due 9/5/2018. Signed by Judge Michael R. Barrett on 7/6/18. (ba)
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| Filing 20 Corporate Disclosure Statement by Defendant Fifth Third Bancorp. (Colvin, Nathan) |
| Filing 19 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 9/5/2018. by Defendant Fifth Third Bancorp. (Attachments: #1 Text of Proposed Order) (Colvin, Nathan) |
| Filing 18 NOTICE of Appearance by Nathan L Colvin for Defendant Fifth Third Bancorp (Colvin, Nathan) |
| Filing 17 NOTICE of Appearance by Eric Wade Richardson for Defendant Fifth Third Bancorp (Richardson, Eric) |
| Filing 16 NOTICE of Appearance by Victor A Walton, Jr for Defendant Fifth Third Bancorp (Walton, Victor) |
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Filing 15
ORDER granting #10 Motion for Leave to Appear Pro Hac Vice of Vess A. Miller for Plaintiff Billie Joann Harmon. Signed by Judge Michael R. Barrett on 6/27/18. (ba)
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Filing 14
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice of Lynn A. Toops for Plaintiff Billie Joann Harmon. Signed by Judge Michael R. Barrett on 6/26/18. (ba)
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Filing 13
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice of Richard E. Shevitz for Plaintiff Billie Joann Harmon. Signed by Judge Michael R. Barrett on 6/26/18. (ba)
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Filing 12
ORDER granting #7 Motion for Leave to Appear Pro Hac Vice of Irwin B. Levin for Plaintiff Billie Joann Harmon. Signed by Judge Michael R. Barrett on 6/26/18. (ba)
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Filing 11
ORDER granting #6 Motion for Leave to Appear Pro Hac Vice of Benjamin A. Gastel for Plaintiff Billie Joann Harmon. Signed by Judge Michael R. Barrett on 6/26/18. (ba)
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| Filing 10 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6486615) of Vess A. Miller by Plaintiff Billie Joann Harmon. (Attachments: #1 Exhibit Certificate of Good Standing) (Beridon, Alyson) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6486613) of Lynn A. Toops by Plaintiff Billie Joann Harmon. (Attachments: #1 Exhibit Certificate of Good Standing) (Beridon, Alyson) |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6486611) of Richard E. Shevitz by Plaintiff Billie Joann Harmon. (Attachments: #1 Exhibit Certificate of Good Standing) (Beridon, Alyson) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6486609) of Irwin B. Levin by Plaintiff Billie Joann Harmon. (Attachments: #1 Exhibit Certificate of Good Standing) (Beridon, Alyson) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6486444) of Benjamin A. Gastel by Plaintiff Billie Joann Harmon. (Attachments: #1 Exhibit Certificate of Good Standing) (Beridon, Alyson) |
| Filing 5 SUMMONS Returned Executed as to Defendant Fifth Third Bancorp. Fifth Third Bancorp served on 6/13/2018, answer due 7/5/2018. (Beridon, Alyson) |
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Filing 4
ORDER granting #3 Motion for Leave to Appear Pro Hac Vice of J. Gerard Stranch, IV, for Plaintiff. Signed by Judge Michael R. Barrett on 6/14/18. (ba)
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| Filing 3 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6480374) of J. Gerard Stranch, IV by Plaintiff Billie Joann Harmon. (Attachments: #1 Exhibit Certificate of Good Standing) (Beridon, Alyson) |
| Filing 2 Summons Issued as to Fifth Third Bancorp. (bjc) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (bjc) |
| Filing 1 COMPLAINT with JURY DEMAND against Fifth Third Bancorp ( Filing fee $ 400 paid - receipt number: 0648-6472990), filed by Billie Joann Harmon. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit 1 - Fifth Third Rules & Regulations, #4 Exhibit 2 - Fifth Third Fee Disclosure, #5 Exhibit 3 - Fifth Third Digital Services User Agreement) (Beridon, Alyson) |
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