Smith, et al v. Fifth Third Bank

Smith, et al v. Fifth Third Bank

Plaintiff:	Carnell Smith
Defendant:	Fifth Third Bank
Consolidated Plaintiff:	Lenox Magee
Case Number:	1:2018cv00464
Filed:	July 10, 2018
Court:	US District Court for the Southern District of Ohio
Office:	Cincinnati Office
County:	XX US, Outside State
Presiding Judge:	Timothy S Black
Referring Judge:	Stephanie K Bowman
2 Judge:	Douglas R Cole
3 Judge:	Susan J Dlott
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on August 31, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 31, 2021	Filing 131 CLERK'S JUDGMENT affirming #130 Order. (sct)
August 31, 2021	Filing 130 ORDER granting #127 Plaintiffs' Motion for Final Approval of Class Action Settlement and granting #128 Plaintiff's Application for Attorneys' Fees and Costs, ans Service Award. Signed by Judge Douglas R. Cole on 8/31/21. (sct)
July 8, 2021	Minute Entry for proceedings held before Judge Douglas R. Cole: Final Approval Hearing held on 7/8/21. Robb Stokar and Jeff Kaliel appeared for the Plaintiffs; Julie Brady, Ted Martin, and Aaron Stucky (in-house counsel) appeared for Defendant. The Court heard comments from counsel and class member Anthony Hoepf. Matter taken under advisement. (Court Reporter: Sue Lopreato-Official). (sct)
June 23, 2021	Filing 129 Supplemental Brief in Support re #128 MOTION for Attorney Fees , Expense Reimbursement and Service Award by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith. (Attachments: #1 Exhibit 1 - Supplemental Declaration of Andrew Perry, #2 Text of Proposed Order) (Stokar, Robb) Modified docket text on 6/24/2021 (eh).
May 24, 2021	Filing 128 MOTION for Attorney Fees , Expense Reimbursement and Service Award by Plaintiff Carnell Smith. (Stokar, Robb)
May 24, 2021	Filing 127 MOTION for Settlement Final Approval by Plaintiff Carnell Smith. (Attachments: #1 Exhibit Exhibit 1 - Settlement Agreement, #2 Exhibit Exhibit 2 - Joint Declaration in Support, #3 Exhibit Exhibit 3 - Declaration of Andrew Perry, #4 Exhibit Exhibit 4 - Proposed Order Granting Final Approval) (Stokar, Robb)
March 29, 2021	Filing 126 NOTICE by Plaintiffs Lenox Magee, Carnell Smith NOTICE OF WITHDRAWAL OF COUNSEL - KATHERINE M. AIZPURU Associated Cases: 1:18-cv-00464-DRC-SKB, 1:18-cv-00722-TSB (Zavareei, Hassan)
February 9, 2021	Filing 125 ORDER granting #124 Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement. Final Approval Hearing set for 7/8/21 at 10:00 AM in Courtroom 117 before Judge Douglas R. Cole. Signed by Judge Douglas R. Cole on 2/9/21. (sct) Modified docket text on 3/15/2021 (sct).
February 3, 2021	Filing 124 Unopposed MOTION for Settlement Motion for Preliminary Approval of Settlement Agreement and Order Scheduling Fairness Hearing ( Responses due by 2/24/2021) by Plaintiffs Lenox Magee, Carnell Smith. (Attachments: #1 Exhibit A-Settlement Agreement, #2 Exhibit B-Joint Declaration of Class Counsel, #3 Exhibit C-Third Short Notice, #4 Exhibit D-Third Long Notice, #5 Exhibit E-Proposed Preliminary Approval Order) Associated Cases: 1:18-cv-00464-DRC-SKB, 1:18-cv-00722-TSB (Ostrow, Jeffrey). Added MOTION for Hearing on 2/4/2021 (eh).
January 19, 2021	Filing 123 NOTICE by Plaintiffs Lenox Magee, Carnell Smith re (119 in 1:18-cv-00464-DRC-SKB) Order on Motion to Stay, Notice as to Timing of Filing Motion for Preliminary Approval Associated Cases: 1:18-cv-00464-DRC-SKB, 1:18-cv-00722-TSB (Ostrow, Jeffrey)
January 4, 2021	Filing 122 NOTICE by Plaintiff Lenox Magee re (119 in 1:18-cv-00464-DRC-SKB) Order on Motion to Stay, Notice as to Timing of Filing Motion for Preliminary Approval Associated Cases: 1:18-cv-00464-DRC-SKB, 1:18-cv-00722-TSB (Ostrow, Jeffrey)
December 22, 2020	Filing 121 NOTICE of Substitution of Counsel - Robb S. Stokar substituting for Christian A. Jenkins as to Plaintiff Carnell Smith. (Stokar, Robb)
November 20, 2020	Filing 120 NOTICE by Plaintiffs Lenox Magee, Carnell Smith Notice as to Timing of Filing Motion for Preliminary Approval Associated Cases: 1:18-cv-00464-DRC-SKB, 1:18-cv-00722-TSB (Ostrow, Jeffrey)
October 15, 2020	Filing 119 ORDER granting #118 Joint Notice of Settlement and Motion to Stay All Deadlines. All current deadlines contained in the Court's Amended Calendar Order #118 are hereby STAYED pending approval of the settlement by the Court. Signed by Magistrate Judge Stephanie K. Bowman on 10/15/2020. (km)
October 6, 2020	Filing 118 Joint MOTION to Stay all Deadlines and Notice of Settlement ( Responses due by 10/27/2020) by Plaintiffs Lenox Magee, Carnell Smith. Associated Cases: 1:18-cv-00464-DRC-SKB, 1:18-cv-00722-TSB (Ostrow, Jeffrey)
September 1, 2020	Filing 117 AMENDED CALENDAR ORDER: Deadline to file motion to amend the pleadings and/or add parties set for 9/15/2020. Deadline for the filing of motion for class certification set for 12/28/2020. Deadline for Defendant's response to motion for class certification set for 2/22/2021. Deadline for Plaintiffs' to file reply in support of class certification set for 3/15/2021. Hearing on Plaintiffs' motion for class certification set for 4/27/2021 at 10:00 AM. Deadline for Plaintiffsto disclose expert witnesses and reports relatedto class certification set for 10/5/2020. Deadline for Defendant to disclose expert witnesses and reports related to class certification set for 11/20/2020. Deadline for disclosure and report of plaintiffs' merits experts set for 5/12/2021. Deadline for disclosure and report of defendant's merits experts set for 6/29/2021. Deadline for disclosure and report of rebuttal merits experts set for 7/26/2021. Fact Discovery deadline set for 4/21/2021 (including class discovery), subject to Limits set forth in doc. 112, paragraph 4. Deadline to file dispositive motions set for sixty (60) days after the deadline the Court sets for the production of the customer specific transactional data and other necessary discovery referenced in doc. 112, paragraph 4 and for the depositions of merits experts and lay witnesses. The final pretrial and trial dates will be set on the calendar of Judge Cole. Signed by Magistrate Judge Stephanie K. Bowman on 9/1/2020. (km)
September 1, 2020	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 9/1/2020. Attorney Christian Jenkins, Stuart Scott, Andrea Gold and Jonathan Streisfeld appeared on behalf of Plaintiffs. Attorneys Julie Brady and Carrie Dettmer Slye appeared on behalf of Defendant. Calendar Order to follow. (km)
August 7, 2020	Filing 116 NOTICE by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith re #114 Preliminary Pretrial Order,,,,,, Joint Proposed Amended Calendar Order (Scott, Stuart)
June 22, 2020	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-up Telephone Conference held on 6/22/2020. Attorneys Christian Jenkins, Jeffrey Kaliel, Andrea Gold and Kevin Hulick appeared on behalf of Plaintiffs. Attorneys Julie Brady and Carrie Dettmer Slye appeared on behalf of Defendant. The parties have scheduled a mediation for 7/23/2020. The deadline to produce ESI is extended per the parties' agreement. All other deadlines are stayed. Should mediation be unsuccessful, the parties are to submit a joint proposed calendar order by 8/7/2020. (km)
May 26, 2020	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 5/22/2020. Attorneys Christian Jenkins, Jeffrey Kaliel, Stuart Scott, Andrea Gold and Kevin Hulick appeared on behalf of Plaintiffs. Attorneys Julie Brady and Carrie Dettmer Slye appeared on behalf of Defendant. Defendant's deadline to produce ESI is extended to 7/14/2020. A follow up telephone conference to discuss the status of discovery and depositions will be held on 6/22/2020 at 10:00 AM. (km)
April 16, 2020	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 4/15/2020. Attorney Chris Jenkins, Jeff Kaliel, Stuart Scott, Andrea Gold, Kevin Hulick and Jonathan Streisfeld appeared on behalf of Plaintiffs. Attorneys Julie Brady and Carrie Dettmer Slye appeared on behalf of Defendant. Due to COVID-19 the mediation scheduled for 4/16/2020 had to be postponed. In light of that postponement, all deadlines are extended 60 days, subject to further extension if necessary. Defendant to produce the requested ESI within 60 days. Corporate Representative deposition is temporarily on hold as travel is required. The parties will strive to hold the deposition within 21 days of it being safe to do so. However, should the current COVID travel ban remain in place for an extended period of time, the deposition may have to be held remotely. The parties will reconvene with the Court on 5/22/2020 via telephone conference at 10:00am to further discuss. (km)
March 9, 2020	Filing 114 AMENDED CALENDAR ORDER: Deadline to file motion to amend the pleadings and/or add parties set for 4/15/2020. Deadline for the filing of motion for class certification set for 7/27/2020. Deadline for Defendant's response to motion for class certification set for 9/22/2020. Deadline for Plaintiffs to file reply in support of class certification set for 10/15/2020. Hearing on Plaintiffs' motion for class certification set for 11/5/2020 at 10:00 AM (two hours). Telephone Status Conference set for 4/15/2020 at 1:00 PM. The parties shall call 1-888-363-4749; access code: 8651321; security code: 2010. Deadline for Plaintiffs to disclose expert witnesses and reports related to class certification set for 5/5/2020. Deadline for Defendant to disclose expert witnesses and reports related to class certification set for 6/20/2020. Deadline for disclosure and report of plaintiffs' merits experts set for 12/12/2020. Deadline for disclosure and report of defendant's merits experts set for 1/29/2021. Deadline for disclosure and report of rebuttal merits experts set for 2/26/2021. Fact Discovery deadline set for 11/21/2020 (including class discovery), subject to limits set forth in doc. 112, paragraph 4. Deadline to file dispositive motions set for sixty (60) days after the deadline the Court sets for the production of the customer specific transactional data and other necessary discovery referenced in doc. 112, paragraph 4 and for the depositions of merits experts and lay witnesses. The final pretrial and trial dates will be set on the calendar of Judge Cole. Signed by Magistrate Judge Stephanie K. Bowman on 3/9/2020. (km)
March 9, 2020	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 3/9/2020. Attorneys Chris Jenkins, Jeffrey Kaliel, Sophia Gold, Katherine Aizpuru, Kevin Hulick, Stuart Scott and Jonathan Streisfeld appeared on behalf of Plaintiffs. Attorneys Julie Brady and Carrie Dettmer Slye appeared on behalf of Defendant. Revised Calendar Order to follow. (km)
February 20, 2020	Filing 112 Supplemental Document re #85 Rule 26(f) Report by Plaintiff Carnell Smith. (Jenkins, Christian) Modified on 2/21/2020 (jlw).
December 20, 2019	Filing 111 STATUS REPORT and Motion for Hearing Joint Status Report (Supplemental) by Plaintiff Carnell Smith. Associated Cases: 1:18-cv-00464-DRC-SKB, 1:18-cv-00722-TSB (Jenkins, Christian) Modified on 12/23/2019 (jlw).
December 11, 2019	Filing 110 ORDER REASSIGNING CASE. Case reassigned to Judge Douglas R. Cole for all further proceedings. Signed by Chief Judge Algenon L. Marbley on 12/11/2019. (ss)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 15, 2019	Filing 109 STATUS REPORT - Joint by Plaintiff Lenox Magee. Associated Cases: 1:18-cv-00464-TSB-SKB, 1:18-cv-00722-TSB (Gold, Andrea)
September 30, 2019	Filing 108 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Stephanie K. Bowman on 9/30/2019. (km)
September 30, 2019	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Status Conference held on 9/30/2019 (with law clerk Joan Brady). Attorneys Christian Jenkins, Stuart Scott, Jeffrey Kaliel and Kevin Hulick appeared on behalf of Plaintiffs. Attorneys Carrie Dettmer Slye, Ted Martin and Julie Brady appeared on behalf of Defendant. Matter is proceeding to mediation on 11/11/2019. Calendar may need to be modified if mediation is unsuccessful. Parties to file joint status report by 11/15/2019. (km)
September 27, 2019	Filing 107 Joint MOTION for Protective Order for Entry of Stipulated Protective Order by Plaintiff Carnell Smith. (Attachments: #1 Exhibit A - Stipulated Protective Order) (Jenkins, Christian)
September 12, 2019	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Follow-up Telephone Conference held on 9/12/2019. Attorneys Christian Jenkins, Jeffrey Kaliel, Kevin Hulick, Andrea Gold, Jeffrey Ostrow and Jonathan Streisfeld appeared on behalf of Plaintiffs. Attorneys Julie Brady, Ted Martin and Carrie Dettmer Slye appeared on behalf of Defendant. Follow-up telephone conference to be held on 9/30/2019 at 11:00 AM. (km)
September 11, 2019	Filing 106 ANSWER to Complaint filed by Fifth Third Bank. (Martin, Ted)
September 11, 2019	Filing 105 ANSWER to #1 Complaint, filed by Fifth Third Bank. (Martin, Ted)
August 29, 2019	Filing 104 NOTICE of Appearance by Kevin C. Hulick for Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith (Hulick, Kevin)
August 28, 2019	Filing 103 DECISION AND ENTRY adopting the Report and Recommendation of the United States Magistrate Judge #83 . Signed by Judge Timothy S. Black on 8/28/19. (rrs)
August 7, 2019	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 8/7/2019. Attorneys Christian Jenkins, Jeffrey Kaliel, Andrea Gold and Jonathan Streisfeld appeared on behalf of Plaintiffs. Attorney Julie Brady appeared on behalf of Defendant. Parties continuing to work on discovery/ESI. Follow-up telephone conference set for 9/12/2019 at 11:00 AM. (km)
July 19, 2019	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Scheduling Conference held on 7/19/2019. Attorneys Stuart Scott, Kevin Hulick, Jeffrey Kaliel and Katherine Aizpuru appeared on behalf of Plaintiffs. Attorneys Carrie Dettmer Slye and Julie Brady appeared on behalf of Defendants. Calendar Order to follow. (km)
July 10, 2019	Filing 101 Proposed Pretrial Order Supplemental Rule 26(f) Report of Parties by Defendants Fifth Third Bank, Fifth Third Bank. Associated Cases: 1:18-cv-00464-TSB-SKB, 1:18-cv-00722-TSB (Martin, Ted)
July 10, 2019	NOTICE VACATING the Telephone Conference set for 7/12/2019 at 9:00 AM before Magistrate Judge Stephanie K. Bowman. Counsel has advised the Court the parties have agreed upon a proposed pretrial calendar #101 and that the conference is no longer required. (km)
June 19, 2019	Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Telephone Conference held on 6/19/2019. Attorneys Christian Jenkins, Jeffrey Kaliel, Andrea Gold and Katherine Aizpuru appeared on behalf of Plaintiffs. Attorneys Carrie Dettmer Slye and Julie Brady appeared on behalf of Defendant. Parties to meet and confer regarding a new proposed calendar. A follow-up telephone conference is set for 7/12/2019 at 9:00 AM if an agreed order is not submitted by such date. Plaintiff may submit discovery to Defendant and Defendant is given 60 days to respond. A telephone conference is set for 7/19/2019 at 10:00 AM to discuss how the production is going. (km)
June 5, 2019	Filing 98 Supplemental Memorandum Supporting re #97 Response (non motion) (Notice of Supplemental Authority) by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith. (Attachments: #1 Exhibit A - Sixth Circuit Court of Appeals Opinion) (Scott, Stuart)
May 16, 2019	Filing 97 Response re #87 Objection to Report and Recommendations, by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith. (Scott, Stuart)
May 15, 2019	Filing 96 ORDER granting #90 Motion for Admission pro hac vice of Jeff Ostrow. Signed by Judge Timothy S. Black on 5/15/19. (rrs)
May 15, 2019	Filing 95 ORDER granting #89 Motion for Admission pro hac vice of Daniel Tropin. Signed by Judge Timothy S. Black on 5/15/19. (rrs)
May 15, 2019	Filing 94 ORDER granting #88 Motion for Admission pro hac vice of Jonathan Streisfeld. Signed by Judge Timothy S. Black on 5/15/19. (rrs)
May 15, 2019	Filing 93 NOTICE by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith re #90 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925036) of Jeffrey M. Ostrow Supreme Court of Florida - Certificate of Good Standing (Scott, Stuart)
May 15, 2019	Filing 92 NOTICE by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith re #89 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925033) of Daniel Tropin Supreme Court of Florida - Certificate of Good Standing (Scott, Stuart)
May 15, 2019	Filing 91 NOTICE by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith re #88 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925029) of Jonathan Streisfeld Supreme Court of Florida - Certificate of Good Standing (Scott, Stuart)
May 14, 2019	Filing 90 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925036) of Jeffrey M. Ostrow by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith. (Scott, Stuart)
May 14, 2019	Filing 89 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925033) of Daniel Tropin by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith. (Scott, Stuart)
May 14, 2019	Filing 88 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925029) of Jonathan Streisfeld by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith. (Scott, Stuart)
May 2, 2019	Filing 87 OBJECTION to (83 in 1:18-cv-00464-TSB-SKB) Report and Recommendations by Defendants Fifth Third Bank, Fifth Third Bank. (Attachments: #1 Exhibit A-Motions Hearing Transcript) Associated Cases: 1:18-cv-00464-TSB-SKB, 1:18-cv-00722-TSB (Martin, Ted)
May 1, 2019	Minute Entry for proceedings held 5/1/2019 before Magistrate Judge Stephanie K. Bowman: Case called for a Telephone Scheduling Conference. A follow-up telephone conference is set for 6/19/2019 at 11:00 AM to set a calendar/discuss possible continuation of the stay on discovery until such time as the Report and Recommendation is ruled upon. The parties are to work on a ESI protocol and an agreed protective order to be completed by 6/19/2019. (km)
April 25, 2019	Filing 85 RULE 26(f) REPORT of Parties by Consol Plaintiff Lenox Magee, Plaintiff Carnell Smith. (Scott, Stuart)
April 24, 2019	Filing 84 Transcript of Proceedings (Motions Hearing) held on March 26, 2019, before Magistrate Judge Stephanie K. Bowman. Court Reporter/Transcriber Luke Lavin (Official), Telephone number (513) 564-7500. 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 5/15/2019. Redacted Transcript Deadline set for 5/28/2019. Release of Transcript Restriction set for 7/23/2019. (Lavin, Luke)
April 18, 2019	Filing 83 REPORT AND RECOMMENDATIONS re #55 #70 Defendant's Motions to Dismiss. IT IS RECOMMENDED THAT Fifth Third's motion to dismiss Plaintiff Smith's amended complaint #55 and the motion to dismiss Plaintiff Magee's complaint #70 be GRANTED IN PART and DENIED IN PART. For the reasons stated, Fifth Third's motions should be DENIED with respect to both Plaintiffs' "balance inquiry" claims, but should be GRANTED concerning Plaintiff Smith's international transaction claims, and Plaintiff Magee's ICFA and unjust enrichment claims. Objections to R&R due by 5/2/2019. Signed by Magistrate Judge Stephanie K. Bowman on 4/18/2019. (km)
March 26, 2019	Filing 81 Minute Entry for proceedings held before Magistrate Judge Stephanie K. Bowman: Oral Arguments held on 3/26/2019 re #55 #70 Defendant's Motions to Dismiss. Counsel present. Arguments heard. Matters taken under submission. A telephone scheduling conference is set for 5/1/2019 at 10:00 AM. The parties' revised Rule 26(f) Report shall be submitted to the Court no later than 4/25/2019. (Court Reporter: Luke Lavin (Official)) (Attachments: #1 Seating Chart) (km)
March 25, 2019	Filing 80 ORDER granting #77 Motion for Admission Pro Hac Vice of Sophia Goren Gold. Signed by Judge Timothy S. Black on 3/25/19. (rrs)
March 25, 2019	Filing 79 ORDER granting #76 Motion for Admission Pro Hac Vice of Jeffrey D. Kaliel. Signed by Judge Timothy S. Black on 3/25/19. (rrs)
March 18, 2019	Filing 78 NOTICE of Appearance by G. Karl Fanter for Defendants Fifth Third Bank, Fifth Third Bank Associated Cases: 1:18-cv-00464-TSB-SKB, 1:18-cv-00722-TSB (Fanter, G.)
February 27, 2019	Filing 77 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6815159) of Sophia Goren Gold by Plaintiff Carnell Smith. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificates of Good Standing) (Jenkins, Christian)
February 27, 2019	Filing 76 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6815151) of Kaliel by Plaintiff Carnell Smith. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificate of Good Standing) (Jenkins, Christian)
February 27, 2019	Filing 75 NOTICE of Hearing on Motion #55 #70 Defendant's Motions to Dismiss: Oral Argument RESET for 3/26/2019 10:00 AM in Courtroom 701 before Magistrate Judge Stephanie K. Bowman. (km)
February 20, 2019	Filing 74 NOTICE of Hearing on Motions re #55 #70 Defendant's Motions to Dismiss: Oral Arguments set for 3/12/2019 10:00 AM in Courtroom 701 before Magistrate Judge Stephanie K. Bowman. (NOTE: THIS HEARING HEREBY VACATES THE TELEPHONE CONFERENCE SET FOR 4:00 PM ON THIS DATE). (km)
February 5, 2019	Filing 73 REPLY to Response to Motion re #70 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Fifth Third Bank. (Martin, Ted)
January 22, 2019	Filing 72 RESPONSE in Opposition re #70 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Consol Plaintiff Lenox Magee. (Scott, Stuart)
December 31, 2018	Filing 71 Response re #69 Notice (Other) to Plaintiff's Notice of Supplemental Authority by Defendant Fifth Third Bank. (Martin, Ted)
December 31, 2018	Filing 70 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank. (Attachments: #1 Memorandum in Support of Motion to Dismiss, #2 Exhibit A Deposit Account Rules and Regulations) (Martin, Ted)
December 27, 2018	Filing 69 NOTICE by Plaintiff Carnell Smith Plaintiff's Notice of Supplemental Authority (Attachments: #1 Exhibit A - Cited Case) (Jenkins, Christian)
December 3, 2018	Filing 68 ORDER granting #66 Motion for Leave to Appear Pro Hac Vice of Andrea Gold. Signed by Judge Timothy S. Black on 12/3/2018. (eh)
November 29, 2018	Filing 67 REPLY to Response to Motion re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendant Fifth Third Bank. (Martin, Ted)
November 19, 2018	Filing 66 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6683140) of Stuart E. Scott by Consol Plaintiff Lenox Magee. (Scott, Stuart)
November 19, 2018	Minute Order. Telephone Scheduling Conference held on 11/19/2018 before Magistrate Judge Stephanie K. Bowman. Attorneys Christian Jenkins, Jeffrey Kaliel and Jacob Phillips appeared on behalf of Plaintiffs. Attorneys Ted Martin, Caroline Dettmer Slye and Julie Brady appeared on behalf of Defendant. Defendant's Motion to Stay Discovery #58 is granted in part. Discovery is stayed until 3/12/2019, at which time the parties will have a conference with the Court to discuss whether the stay should be lifted. A follow-up telephone conference is set for 3/12/2019 at 4:00 PM. Counsel from both of the consolidated cases should participate in this telephone conference. (km) Modified Docket Text on 11/19/2018 (km).
November 16, 2018	Filing 65 WAIVER OF SERVICE Returned Executed. Waiver sent to Fifth Third Bank on 11/1/2018, answer due 12/31/2018. (Scott, Stuart)
November 15, 2018	Filing 64 ORDER OF CONSOLIDATION signed by Judge Timothy S. Black on 11/15/18. Case No. 1:18-cv-00464-TSB-SKB and 1:18-cv-00722-TSB are CONSOLIDATED for all purposes under LOWER DOCKET NUMBER, 1:18CV464; and ALL FUTURE FILINGS shall be made in Consolidated Case No. 1:18cv464.. (eh)
November 5, 2018	Filing 63 Unopposed MOTION for Extension of Time to File Response/Reply New date requested 11/29/2018. in Support of Defendant's Motion to Dismiss by Defendant Fifth Third Bank. (Attachments: #1 Text of Proposed Order) (Martin, Ted)
November 5, 2018	NOTATION ORDER granting #63 Defendant's Unopposed Motion for Extension of Time Until 11/29/2018 to File Reply re #55 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge Stephanie K. Bowman on 11/5/2018. (km)
October 29, 2018	Filing 62 RESPONSE in Opposition re #55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Carnell Smith. (Jenkins, Christian)
October 29, 2018	Filing 61 RELATED CASE MEMORANDUM ORDER: The Judges agree that this case and case number 1:18-cv-722 ARE related. Case reassigned to Judge Timothy S. Black for all further proceedings. Signed by Judge Susan J. Dlott and Judge Timothy S. Black on 10/29/2018. (jlw) Modified on 10/29/2018 (jlw). Modified on 10/29/2018 (jlw).
October 22, 2018	Filing 59 RULE 26(f) REPORT of Parties by Plaintiff Carnell Smith. (Jenkins, Christian)
October 22, 2018	Filing 58 MOTION to Stay Discovery by Defendant Fifth Third Bank. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order) (Martin, Ted)
October 10, 2018	Filing 56 DECISION AND ENTRY ADOPTING #54 REPORT AND RECOMMENDATIONS in its entirety. Because Plaintiff's amended complaint #52 renders moot Defendant's pending motion, Defendant's motion to dismiss #22 is DENIED as moot. Signed by Judge Timothy S. Black on 10/10/18. (sct)
October 8, 2018	Filing 55 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Fifth Third Bank. (Attachments: #1 Memorandum in Support) (Martin, Ted)
September 25, 2018	Filing 54 REPORT AND RECOMMENDATIONS re #22 Defendant's Motion to dismiss for failure to state a claim. IT IS RECOMMENDED THAT Defendant's motion to dismiss #22 be DENIED AS MOOT. Objections to R&R due by 10/9/2018. Signed by Magistrate Judge Stephanie K. Bowman on 9/25/2018. (km)
September 20, 2018	Reset Deadlines: Fifth Third Bank answer due 10/8/2018. (sct)
September 19, 2018	Filing 53 STIPULATION of Extension of Time To Respond by Defendant Fifth Third Bank. (Martin, Ted)
September 10, 2018	Filing 52 AMENDED COMPLAINT against Fifth Third Bank, filed by Carnell Smith. (Attachments: #1 Exhibit A, #2 Exhibit B) (Jenkins, Christian)
September 7, 2018	Filing 51 ORDER granting #50 Motion for Leave to Appear Pro Hac Vice of Edmund A. Normand. Signed by Judge Timothy S. Black on 9/07/18. (jlm)
September 5, 2018	Filing 50 Amended MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6549999) of Edmund A. Normand by Plaintiff Carnell Smith. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Jenkins, Christian)
August 27, 2018	Filing 49 PRELIMINARY PRETRIAL CONFERENCE NOTICE: Rule 26(f) Meeting Report due by 10/22/2018. The Court will thereafter, pursuant to Rule 16(b), enter a Calendar Order or will set and hold a Scheduling Conference after which a Calendar Order will be issued. (km)
August 27, 2018	NOTATION ORDER granting #48 Plaintiff's Unopposed Motion for Extension of Time Until 9/10/2018 to File Response re #22 Motion to dismiss for failure to state a claim. Signed by Magistrate Judge Stephanie K. Bowman on 8/27/2018. (km)
August 26, 2018	Filing 48 MOTION for Extension of Time to File Response/Reply New date requested 9/10/2018. Plaintiff to respond or amend complaint in response to Defendant's Motion to Dimiss. Unopposed by Defendant. by Plaintiff Carnell Smith. (Jenkins, Christian)
August 22, 2018	Filing 47 ORDER granting #46 Motion for Leave to Appear Pro Hac Vice of Robert D. Sowell. Signed by Judge Timothy S. Black on 8/22/18. (jlm)
August 14, 2018	Filing 46 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6558281) of Robert D. Sowell by Defendant Fifth Third Bank. (Attachments: #1 Exhibit A-Certificate of Good Standing) (Martin, Ted)
August 10, 2018	Filing 45 ORDER referring civil action to Stephanie K. Bowman, United States Magistrate Judge. Signed by Judge Timothy S. Black on 8/9/18. (jlm)
August 8, 2018	Filing 44 ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Susan J. Dlott no longer assigned to case. Signed by Judge Susan J. Dlott on 8/8/2018. (jlw)
August 8, 2018	Filing 43 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6549999) of Edmund A. Normand by Plaintiff Carnell Smith. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Certificate of Good Standing) (Jenkins, Christian)
August 6, 2018	Filing 42 ORDER granting #41 Motion for Leave to Appear Pro Hac Vice of Jacob Lawrence Phillips. Signed by Judge Susan J. Dlott on 8/6/18. (wam)
August 3, 2018	Filing 41 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6546199) of Jacob Lawrence Phillips by Plaintiff Carnell Smith. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit A - Certificate of Good Standing) (Jenkins, Christian)
August 3, 2018	Filing 40 NOTICE of Appearance by Christian A Jenkins for Plaintiff Carnell Smith (Jenkins, Christian)
August 1, 2018	Filing 39 ORDER granting #38 Motion for Leave to Appear Pro Hac Vice of Julie Singer Brady. Signed by Judge Susan J. Dlott on 8/1/18. (wam)
July 30, 2018	Filing 38 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6537621) of Julie Singer Brady by Defendant Fifth Third Bank. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Martin, Ted)
July 19, 2018	Filing 37 NOTICE of Appearance by Caroline Dettmer Slye for Defendant Fifth Third Bank (Dettmer Slye, Caroline)
July 19, 2018	Filing 36 NOTICE of Appearance by Ted Thomas Martin for Defendant Fifth Third Bank (Martin, Ted)
July 19, 2018	Filing 35 ORDER signed by Magistrate Judge Karen L. Litkovitz on 7/18/2018. Case reassigned to Magistrate Judge Stephanie K. Bowman for all further proceedings. Magistrate Judge Karen L. Litkovitz no longer assigned to case. (eh)
July 17, 2018	Filing 34 ORDER REFERRING CASE to Magistrate Judge Karen L. Litkovitz. Signed by Judge Susan J. Dlott on 7/17/2018. (jlw)
July 11, 2018	Filing 33 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorneys Edmund A. Normand, Jacob Lawrence Phillips, Julie Singer Brady, Robert Sowell, and Yameel L. Mercado Robles. (sct)
July 10, 2018	Filing 32 Case transferred in from District of Florida Middle; Case Number 6:18-cv-00476. Original file electronic copy of transfer order and docket sheet received.
July 10, 2018	***If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (sct)
July 9, 2018	Filing 31 TRANSFER to the Southern District of Ohio, Western Division. (SPM) [Transferred from Florida Middle on 7/10/2018.]
July 9, 2018	Filing 30 ORDER granting #23 Motion to transfer case. The Clerk is directed to transfer this case to the United States District Court for the Southern District of Ohio, Western Division. The Clerk is further directed to close this file. Signed by Judge Carlos E. Mendoza on 7/9/2018. (DJD) [Transferred from Florida Middle on 7/10/2018.]
June 26, 2018	Filing 29 ENDORSED ORDER granting in part and denying #28 in part Motion for Extension of Time to File motion for Class Certification. The deadline for filing a motion for class certification is suspended until the Court issues a Case Management Order. If the order does not include a date for filing a motion for class certification, counsel shall promptly file a motion requesting a class certification briefing schedule. Signed by Magistrate Judge Karla R. Spaulding on 6/26/2018. (Spaulding, Karla) [Transferred from Florida Middle on 7/10/2018.]
June 25, 2018	Filing 28 Unopposed MOTION for Extension of Time to December 18, 2018, to File Motion for Class Certification by Carnell Smith. (Attachments: #1 Text of Proposed Order)(Phillips, Jacob) Modified on 6/26/2018 (SPM). [Transferred from Florida Middle on 7/10/2018.]
June 20, 2018	Set/reset deadlines as to #22 MOTION to dismiss for failure to state a claim . Response due by 7/16/2018 (SPM) [Transferred from Florida Middle on 7/10/2018.]
June 20, 2018	Filing 27 ENDORSED ORDER granting in part and denying in part #26 Motion for Extension of Time to respond to the motion to dismiss. The Court cannot effectively manage litigation when deadlines are contingent on ruling on pending motions. Therefore, the time to respond to the motion to dismiss is extended through July 16, 2018. Signed by Magistrate Judge Karla R. Spaulding on 6/20/2018. (Spaulding, Karla) [Transferred from Florida Middle on 7/10/2018.]
June 20, 2018	Filing 26 Unopposed MOTION for Extension of Time to File Response/Reply to Defendant's Motion to Dismiss by Carnell Smith. (Attachments: #1 Text of Proposed Order)(Phillips, Jacob) Motions referred to Magistrate Judge Karla R. Spaulding. [Transferred from Florida Middle on 7/10/2018.]
June 13, 2018	Filing 25 Corrected CASE MANAGEMENT REPORT. (Phillips, Jacob) Modified on 6/13/2018 (SPM). [Transferred from Florida Middle on 7/10/2018.]
June 8, 2018	Set/reset deadlines: Amended Case management report due by 6/15/2018 (SPM) [Transferred from Florida Middle on 7/10/2018.]
June 8, 2018	Filing 24 ORDER to strike #21 Case Management Report and the parties are directed to file an amended case management report signed by all parties on or before June 15, 2018. Signed by Judge Carlos E. Mendoza on 6/8/2018. (DJD) [Transferred from Florida Middle on 7/10/2018.]
June 8, 2018	Filing 23 Unopposed MOTION to transfer case by Fifth Third Bank. (Brady, Julie) [Transferred from Florida Middle on 7/10/2018.]
June 8, 2018	Filing 22 MOTION to dismiss for failure to state a claim by Fifth Third Bank. (Brady, Julie) [Transferred from Florida Middle on 7/10/2018.]
June 7, 2018	Filing 21 STRICKEN PER #24 ORDER CASE MANAGEMENT REPORT. (Not signed by either party.) (Phillips, Jacob) Modified on 6/8/2018 (SPM). Modified on 6/11/2018 (SPM). [Transferred from Florida Middle on 7/10/2018.]
May 31, 2018	Filing 20 ORDER granting #19 Second Unopposed Motion for Extension of Time to Respond to Complaint. Fifth Third Bank answer or response due 6/8/2018. Signed by Magistrate Judge Karla R. Spaulding on 5/31/2018. (ECJ) [Transferred from Florida Middle on 7/10/2018.]
May 30, 2018	Filing 19 Second Unopposed MOTION for Extension of Time to June 8, 2018, to File Answer re #1 Complaint by Fifth Third Bank. (Brady, Julie) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 5/31/2018 (SPM). [Transferred from Florida Middle on 7/10/2018.]
May 15, 2018	Filing 18 ENDORSED ORDER denying as moot #16 Motion to Continue; denying #17 Motion to Continue. The Court cannot set a future timeline based on a motion not currently pending. Counsel may seek to continue the required Rule 26(f) conference for a fixed period of time or file the Motion to Transfer Venue and renew the current request. Signed by Judge Carlos E. Mendoza on 5/15/2018. (SDR) [Transferred from Florida Middle on 7/10/2018.]
May 14, 2018	Filing 17 Amended MOTION to Continue Rule 26(F) Conference by Fifth Third Bank. (Sowell, Robert) [Transferred from Florida Middle on 7/10/2018.]
May 11, 2018	Filing 16 Unopposed MOTION to Continue Rule 26(F) Conference by Fifth Third Bank. (Sowell, Robert) [Transferred from Florida Middle on 7/10/2018.]
May 10, 2018	Filing 15 NOTICE of designation under Local Rule 3.05 - track 3. Signed by D. Darley/Deputy Clerk on 5/10/2018. (DJD) ctp [Transferred from Florida Middle on 7/10/2018.]
May 4, 2018	Filing 14 ENDORSED ORDER granting #13 Motion for Order Redesignating this Purported Class Action a Track Three Case. The clerk is directed to enter a notice redesignating this matter as a Track Three case. Signed by Judge Carlos E. Mendoza on 5/4/2018. (SDR) [Transferred from Florida Middle on 7/10/2018.]
May 2, 2018	Filing 13 Unopposed MOTION for miscellaneous relief, specifically Order Redesignating Case to Track Three by Carnell Smith. (Phillips, Jacob) Modified on 5/2/2018 (SPM). [Transferred from Florida Middle on 7/10/2018.]
April 18, 2018	Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re #5 Order to show cause filed by Carnell Smith. (Attachments: #1 Exhibit Exhibit A -- Phillips Decl., #2 Exhibit Exhibit B -- Articles of Incorporation)(Phillips, Jacob) [Transferred from Florida Middle on 7/10/2018.]
April 17, 2018	Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Carnell Smith. (Phillips, Jacob) [Transferred from Florida Middle on 7/10/2018.]
April 17, 2018	Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Fifth Third Bank. (Brady, Julie) [Transferred from Florida Middle on 7/10/2018.]
April 17, 2018	Filing 9 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Fifth Third Bank. Related case(s): NO (Brady, Julie) [Transferred from Florida Middle on 7/10/2018.]
April 17, 2018	Filing 8 ORDER granting #6 Unopposed Motion for Extension of Time for Fifth Third Bank to Respond to Complaint. Fifth Third Bank answer or response due 6/1/2018. Signed by Magistrate Judge Karla R. Spaulding on 4/17/2018. (ECJ) [Transferred from Florida Middle on 7/10/2018.]
April 17, 2018	Filing 7 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Carnell Smith. Related case(s): no (Phillips, Jacob) [Transferred from Florida Middle on 7/10/2018.]
April 16, 2018	Filing 6 Unopposed MOTION for Extension of Time to June 1, 2018, to File Answer to Complaint and Incorporated Memorandum of Law by Fifth Third Bank. (Brady, Julie) Motions referred to Magistrate Judge Karla R. Spaulding. Modified on 4/17/2018 (SPM). [Transferred from Florida Middle on 7/10/2018.]
April 4, 2018	Filing 5 ORDER to show cause why the case should not be dismissed for lack of subject matter jurisdiction as to Carnell Smith. Show Cause Response due by 4/18/2018. Signed by Magistrate Judge Karla R. Spaulding on 4/4/2018. (ECJ) [Transferred from Florida Middle on 7/10/2018.]
April 3, 2018	Filing 4 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 4/17/2018. Signed by Judge Carlos E. Mendoza on 4/3/2018. (DJD) ctp [Transferred from Florida Middle on 7/10/2018.]
April 3, 2018	Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 4/17/2018. Signed by D. Darley/Deputy Clerk on 4/3/2018. (DJD) ctp [Transferred from Florida Middle on 7/10/2018.]
March 29, 2018	Filing 2 SUMMONS issued as to Fifth Third Bank. (SPM) [Transferred from Florida Middle on 7/10/2018.]
March 29, 2018	Filing 1 COMPLAINT against Fifth Third Bank with Jury Demand (Filing fee $400 receipt number ORL-72310) filed by Carnell Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(SPM) [Transferred from Florida Middle on 7/10/2018.]

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Search for this case: Smith, et al v. Fifth Third Bank
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Plaintiff: Carnell Smith
Represented By:	Jacob Lawrence Phillips
Represented By:	Edmund A. Normand
Represented By:	Christian A Jenkins
Represented By:	Stuart E Scott
Represented By:	Sophia Goren Gold
Represented By:	Jeffrey D Kaliel
Represented By:	Jeffrey M. Ostrow
Represented By:	Robb S. Stokar
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Defendant: Fifth Third Bank
Represented By:	Robert Sowell
Represented By:	Yameel L. Mercado Robles
Represented By:	Julie Singer Brady
Represented By:	Ted Thomas Martin
Represented By:	Caroline Dettmer Slye
Represented By:	G. Karl Fanter
Represented By:	Carrie Dettmer Slye
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Consolidated plaintiff: Lenox Magee
Represented By:	Stuart E Scott
Represented By:	Andrea R. Gold
Represented By:	Jeffrey M. Ostrow
Represented By:	Kevin C. Hulick
Represented By:	Katherine Aizpuru
Represented By:	Hassan A Zavareei
Represented By:	Jonathan M. Streisfeld
Represented By:	Daniel E. Tropin
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