Troy Howards v. Fifth Third Bank
| Troy Howards |
| Fifth Third Bank |
| 1:2018cv00869 |
| December 10, 2018 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 9/20/2023; Jonathan Streisfeld and Andrea Gold appeared for plaintiff; Julie Brady appeared for defendant; case update provided to the Court and matters discussed; a Status Conference is set for 1/10/2024 at 10:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/28/2020 for conferencing instructions. (kkz)
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Filing 108
AMENDED CALENDAR ORDER - Upon consideration and for good cause shown, the parties' Motion (Doc. #107 ) is hereby GRANTED and the May 16, 2023 Calendar Order (Doc. #105 ) is AMENDED. Plaintiff Primary Expert due by 1/31/2024.; Defendant Primary Expert due by 3/18/2024.; Disclosure of Non-Expert (Fact) Witness due by 5/1/2024.; Rebuttal Expert due by 5/3/2024.; Discovery due by 7/30/2024. Signed by Judge Michael R. Barrett on 9/14/2023. (zmc)
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Filing 107
Joint MOTION for Extension of Time to Complete Discovery New date requested 7/30/2024. by Plaintiff Troy Howards. (Attachments: #1 Proposed Order) (Gold, Andrea)
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Filing 106
NOTICE of Appearance by Dante A. Marinucci for Defendant Fifth Third Bank (Marinucci, Dante)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/12/2023; Andrea Gold and Jonathan Streisfeld appeared for plaintiff; Julie Brady and Carrie Detmer Slye appeared for defendant; case matters discussed; a Status Conference is set for 9/20/2023 at 10:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/28/2020 for conferencing instructions. (kkz)
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Filing 105
CALENDAR ORDER: Please be aware that a Status Conference is set for 6/12/2023 at 10:00 AM by Teleconference before Judge Michael R. Barrett; Motions to Amend due by 6/30/2023; Motions directed to pleadings due by 7/31/2023; Plaintiff Primary Expert due by 9/15/2023; Defendant Primary Expert due by 10/30/2023; Rebuttal Expert due by 12/15/2023; Disclosure of Non-Expert (Fact) Witness due by 12/15/2023; Discovery due by 3/15/2024; Dispositive Motions due: TBD; Settlement Conference: TBD; Final Pretrial Conference: TBD; Jury Trial: TBD. Signed by Judge Michael R. Barrett on 5/16/2023. (kkz)
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Filing 104
RULE 26(f) REPORT Amended Joint Discovery Plan (Rule 26(f) Report) Required Form by Plaintiff Troy Howards. (Streisfeld, Jonathan)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/14/2023; Andrea Gold, Stuart Scott and Jonathan Streisfeld appeared for Plaintiff; Julie Brady and Carrie Dettmer Slye appeared for Defendant; parties to confer and submit proposed calendar; a Status Conference is set for 6/12/2023 at 10:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/28/2020 for conferencing instructions. (kkz)
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Filing 103
DEFENDANT, FIFTH THIRD BANK'S ANSWER to Complaint (ANSWER AND AFFIRMATIVE DEFENSES TO FIRST AMENDED CLASS ACTION COMPLAINT) filed by Fifth Third Bank. (Brady, Julie)
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NOTICE of Hearing: Please be aware that a Status Conference is set for 3/14/2023 at 1:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/28/2020 for conferencing instructions. (kkz)
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Filing 102
ORDER granting in part and denying in part #49 Defendant Fifth Third Bank's Motion to Dismiss Plaintiff's First Amended Class Action Complaint as it relates to the two remaining theories of liability alleged in Plaintiff's First and Second Claims for Relief. Defendant's Motion as it relates to Plaintiff's Second Claim for Relief is GRANTED. Defendant's Motion as it relates to Plaintiff's First Claim for Relief, however, is DENIED. Plaintiff's First and Second Claims for Relief pertaining to OON fees (only) and Plaintiff's Third Claim for Relief (in its entirety) are dismissed by #97 stipulation of the parties (PAGEID 1739). Signed by Judge Michael R. Barrett on 2/6/2023. (kkz)
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Filing 101
NOTATION ORDER granting #100 Motion for Leave to Appear Pro Hac Vice of Gemma Seidita 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 1/19/2023. (bjr)
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Filing 100
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9221857) of Gemma Seidita by Plaintiff Troy Howards. (Attachments: #1 Exhibit Certificate of Good Standing - Gemma Seidita (09-20-2022)) (Scott, Stuart)
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Filing 99
NOTICE by Plaintiff Troy Howards - Notice of Change of Address of Andrea R. Gold and Hassan A. Zavareei (Gold, Andrea)
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Filing 98
Response to Defendant Fifth Third Bank's Notice of Supplemental Authority by Plaintiff Troy Howards. (Attachments: #1 Exhibit A - Supervisory Guidance on Multiple Re-Presentment NSF Fees (August 2022)) (Scott, Stuart)
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Filing 97
STIPULATION Regarding Plaintiff's Agreement to Drop Allegations Pertaining to Out of Network ATM Fees from First Amended Complaint by Plaintiff Troy Howards. (Scott, Stuart)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 11/7/2022; Jonathan Streisful, Hassan Zavareei and Kevin Hulick appeared for plaintiff; Julie Brady appeared for defendant; Court to review briefed motion and file Order in 30 days; status conference to be set after Order. (kkz)
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Filing 96
NOTICE by Defendant Fifth Third Bank re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support (Attachments: #1 Exhibit A-Page v Alliant Credit Union, #2 Exhibit B-Page v Alliant Credit Union, #3 Exhibit C-Winamaki v. Umpqua Bank, #4 Exhibit D- Saunders v. Y-12 Federal Credit Union) (Dettmer Slye, Carrie)
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NOTICE of Hearing: Please be aware that a Discovery Conference is set for 11/7/2022 at 10:30 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 9/28/2020 for conferencing instructions. (kkz)
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Filing 95
NOTICE of Substitution of Counsel - Carrie Dettmer Slye substituting for William H. Hawkins as to Defendant Fifth Third Bank. (Dettmer Slye, Carrie)
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Filing 94
NOTICE by Plaintiff Troy Howards of Supplemental Authority Re Motion to Dismiss 1st Amended Class Action Complaint (Attachments: #1 Exhibit 1 - FDIC Retry GUIDANCE) (Hulick, Kevin)
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Filing 93
Response to Plaintiff's #92 NOTICE of Supplemental Authority re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support filed by Defendant Fifth Third Bank. (Hawkins, William) Modified docket texton 3/23/2022 (eh).
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Filing 92
NOTICE by Plaintiff Troy Howards of Supplemental Authority Re Motion to Dismiss 1st Amended Class Action Complaint (Attachments: #1 Exhibit 1 - Trustco MTD Order) (Scott, Stuart)
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Filing 91
Response to Plaintiff's Notice of Supplemental Authority by Defendant Fifth Third Bank. (Hawkins, William)
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Filing 90
NOTICE by Plaintiff Troy Howards of Supplemental Authority Regarding Motion to Dismiss First Amended Class Action Complaint (Attachments: #1 Exhibit 1 - South State Opinion Order MTD, #2 Exhibit 2 - Jovia Order MTD) (Scott, Stuart)
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Filing 89
NOTICE by Defendant Fifth Third Bank re #49 Motion to Dismiss, re #87 Notice (Other) Response to Plaintiff's Notice of Supplemental Authority (Hawkins, William) Modified to create relationship on 7/26/2021 (kl).
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Notice of Correction: [FORMER DOC 88] filed with incorrect ECF account. Document restricted; counsel to refile. (kh)
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Filing 87
NOTICE by Plaintiff Troy Howards of Supplemental Authority Regarding Motion to Dismiss First Amended Class Action Complaint (Attachments: #1 Exhibit A - Order from Grant v. Centerstate Bank) (Hulick, Kevin)
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Filing 86
Response re #83 and #84 to Plaintiff's Notices of Supplemental Authority by Defendant Fifth Third Bank. (Hawkins, William) Modified to Add Document Links on 4/12/2021 (bjc).
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Filing 85
NOTICE by Plaintiff Troy Howards NOTICE OF WITHDRAWAL OF COUNSEL - KATHERINE M. AIZPURU (Zavareei, Hassan)
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Filing 84
NOTICE by Plaintiff Troy Howards of Supplemental Authority Regarding Motion to Dismiss First Amended Class Action Complaint (Attachments: #1 Exhibit A - Grice v. Independent Order) (Scott, Stuart)
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Filing 83
NOTICE by Plaintiff Troy Howards re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support (Notice of Supplemental Authority) (Attachments: #1 Exhibit 1 - Memorandum Decision and Order - Richard v. Glens Falls National Bank, et al.) (Scott, Stuart)
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Filing 82
NOTICE of Supplemental Authority Regarding Motion to Dismiss First Amended Class Action Complaint (doc. #49 ) by Plaintiff Troy Howards. (Attachments: #1 Exhibit A - Chambers v. HSBC Bank Opinion & Order) (Hulick, Kevin) Modified to create link to motion on 12/14/2020 (eh).
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Filing 81
NOTICE of Supplemental Authority Regarding Motion to Dismiss First Amended Class Action Complaint (doc. #49 ) by Plaintiff Troy Howards (Attachments: #1 Exhibit A - Varga v American Airlines, #2 Exhibit B - Burgos v Campus, #3 Exhibit C - Glass v Delta Community, #4 Exhibit D - Wilkins v Simmons Bank) (Scott, Stuart) Modified to create link to motion on 12/14/2020 (eh).
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Filing 80
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 12/9/20. (ba)
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Filing 79
Joint MOTION for Protective Order by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Stipulated Protective Order) (Hawkins, William)
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Minute Entry for proceedings before Judge Michael R. Barrett: Status Conference regarding outstanding requests for production by Plaintiff held on 10/21/2020; Kevin Hulick, Stuart Scott, Andrea Gold, Jonathan Streisfeld, and Jeffrey Kaliel appeared for Plaintiff; Julie Brady and William Hawkins appeared for Defendant; while Defendant's #49 Motion to Dismiss remains pending, discovery related to the named Plaintiff only shall be produced. (ba)
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Filing 78
NOTICE by Plaintiff Troy Howards of Supplemental Authority Regarding #49 Motion to Dismiss First Amended Class Action Complaint (Attachments: #1 Exhibit 1 - Roy v. ESL Federal Credit Union, #2 Exhibit 2 - McNeil v. Capital One Bank, #3 Exhibit 3 - Jones v. Lake Michigan Credit Union) (Scott, Stuart) Modified docket text and docket entry relationship on 10/2/2020 (kh).
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Filing 77
NOTICE of Supplemental Authority by Plaintiff Troy Howards re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support (Attachments: #1 Exhibit 1 - Vocaty v. Great Lakes Credit Union, #2 Exhibit 2 - Duncan v. Bancfirst, #3 Exhibit 3 - Brown v. Educators Credit Union, #4 Exhibit 4 - Baptiste v. GTE Federal Credit Union dba GTE Financial, #5 Exhibit 5 - Teel v. HAPO Community Credit Union, #6 Exhibit 6 - Darty v. Scott Credit Union, #7 Exhibit 7 - Young v. The Washington Trust Co.) (Scott, Stuart) Modified docket text on 8/20/2020 (kh).
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Filing 76
Response re #75 Notice (Other),, of Supplemental Authority by Defendant Fifth Third Bank. (Hawkins, William)
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Filing 75
NOTICE of Supplemental Authority re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support by Plaintiff Troy Howards re (Attachments: #1 Exhibit A - Romohr v. The Tennessee Credit Union, #2 Exhibit B - Perri v. Notre Dame Federal Credit Union, #3 Exhibit C - Garcia v. UMB Bank NA, #4 Exhibit D - Tisdale v. Wilson Bank and Trust, #5 Exhibit E - Ingram v. Teachers Credit Union, #6 Exhibit F - Noe v. City Natl Bank of W. Va, #7 Exhibit G - McMurrin v. America First Credit Union) (Scott, Stuart) Modified on 5/27/2020 (eh).
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Filing 74
NOTICE of Supplemental Authority re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiff Troy Howards (Attachments: #1 Exhibit A - Order in Coleman v. Alaska USA Federal Credit Union, #2 Exhibit B - Order in Almon v. Independence Bank) (Scott, Stuart) Modified docket text on 5/7/2020 (eh).
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Filing 73
Response re #72 Notice (Other), of Supplemental Authority re doc. #49 by Defendant Fifth Third Bank. (Hawkins, William) Modified on 3/30/2020 (eh).
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Filing 72
NOTICE by Plaintiff Troy Howards re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support (Notice of Supplemental Authority) (Attachments: #1 Exhibit A - Memorandum Opinion and Order in Perks v. TD Bank (03-17-2020)) (Scott, Stuart)
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Filing 71
NOTICE by Plaintiff Troy Howards re #57 Response in Opposition to Motion Notice of Supplemental Authority (Attachments: #1 Exhibit A - Order/Opinion in Tannehill v. Simmons Bank) (Scott, Stuart)
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Filing 70
NOTICE by Plaintiff Troy Howards re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support (Notice of Supplemental Authority) (Scott, Stuart)
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Filing 69
NOTICE by Defendant Fifth Third Bank of Supplemental Authority (Attachments: #1 NF Lambert Memorandum and Opinion) (Hawkins, William)
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NOTATION ORDER: While this civil action was pending in the Central District of California, Plaintiff Troy Howards filed on behalf of the parties a #28 Stipulation to Extend Time to Move for Class Certification, subject to the Court's approval. Subsequently, the case was transferred to the Southern District of Ohio, and the #43 Calendar Order entered 02/01/2019 specifies that the Class Certification Motion Deadline is "to be determined." Accordingly, the #28 Stipulation, which appears on this Court's docket as an outstanding motion, is hereby DENIED AS MOOT. Signed by Judge Michael R. Barrett on 07/26/2019. (ba)
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Filing 68
REPLY to Response to Motion re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support filed by Defendant Fifth Third Bank. (Hawkins, William)
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Filing 67
ORDER granting #60 Motion for Leave to Appear Pro Hac Vice of Jeffrey M. Ostrow for Plaintiff Troy Howards. Signed by Judge Michael R. Barrett on 5/17/19. (ba)
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Filing 66
ORDER granting #59 Motion for Leave to Appear Pro Hac Vice of Daniel Tropin for Plaintiff Troy Howards. Signed by Judge Michael R. Barrett on 5/17/19. (ba)
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Filing 65
ORDER granting #58 Motion for Leave to Appear Pro Hac Vice of Jonathan Streisfeld for Plaintiff Troy Howards. Signed by Judge Michael R. Barrett on 5/17/19. (ba)
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Filing 64
ORDER granting #56 Motion for Leave to Appear Pro Hac Vice of Katherine Aizpuru for Plaintiff Troy Howards. Signed by Judge Michael R. Barrett on 5/17/19. (ba)
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Filing 63
NOTICE by Plaintiff Troy Howards re #60 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925049) of Jeffrey M. Ostrow Supreme Court of Florida - Certificate of Good Standing (Scott, Stuart)
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Filing 62
NOTICE by Plaintiff Troy Howards re #59 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925047) of Daniel Tropin Supreme Court of Florida - Certificate of Good Standing (Scott, Stuart)
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Filing 61
NOTICE by Plaintiff Troy Howards re #58 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925042) of Jonathan Streisfeld Supreme Court of Florida - Certificate of Good Standing (Scott, Stuart)
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Filing 60
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925049) of Jeffrey M. Ostrow by Plaintiff Troy Howards. (Scott, Stuart)
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Filing 59
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925047) of Daniel Tropin by Plaintiff Troy Howards. (Scott, Stuart)
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Filing 58
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6925042) of Jonathan Streisfeld by Plaintiff Troy Howards. (Scott, Stuart)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 5/9/2019; Jeffrey Kaliel, Sophia Gold appeared for Plaintiff; Julie Brady, William Hawkins, Kevin Hulick appeared for defendants; a reply as to #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support shall be due by 5/23/2019; the defendant shall provide the Court with copy of the discovery request discussed for his review; a follow up conference to be set; date to be determined. (ba)
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Filing 57
RESPONSE in Opposition re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support filed by Plaintiff Troy Howards. (Scott, Stuart)
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Filing 56
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6894693) of Katherine Aizpuru by Plaintiff Troy Howards. (Attachments: #1 Exhibit Certificate of Good Standing) (Scott, Stuart)
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Filing 55
ORDER granting #51 Motion for Leave to Appear Pro Hac Vice of Hassan A. Zavareei for Plaintiff Troy Howards. Signed by Judge Michael R. Barrett on 4/9/19. (ba)
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Filing 54
ORDER granting #50 Motion for Leave to Appear Pro Hac Vice of Andrea R. Gold for Plaintiff Troy Howards. Signed by Judge Michael R. Barrett on 4/9/19. (ba)
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Filing 53
CERTIFICATE OF SERVICE by Plaintiff Troy Howards re #51 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 26GIHAC7) of Hassan A. Zavareei (Scott, Stuart)
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Filing 52
CERTIFICATE OF SERVICE by Plaintiff Troy Howards re #50 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6869358) of Andrea R. Gold (Scott, Stuart)
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NOTICE by Plaintiff Troy Howards re #51 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 26GIHAC7) of Hassan A. Zavareei, #50 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6869358) of Andrea R. Gold; These documents were filed without certificates of service which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing, use the Certificate of Service event found under Criminal Events - Other Filings - Service of Process and link the event to the original filing when prompted. (ba)
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Filing 51
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 26GIHAC7) of Hassan A. Zavareei by Plaintiff Troy Howards. (Scott, Stuart)
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Filing 50
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6869358) of Andrea R. Gold by Plaintiff Troy Howards. (Scott, Stuart)
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Filing 49
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Memorandum in Support by Defendant Fifth Third Bank. (Attachments: #1 Declaration of Alice Schloemer, #2 Text of Proposed Order) (Hawkins, William)
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Filing 48
NOTICE by Plaintiff Troy Howards Service of Discovery Requests to Defendant (Scott, Stuart)
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Filing 47
NOTICE of Appearance by Stuart E Scott for Plaintiff Troy Howards (Scott, Stuart)
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Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 3/20/2019; Katherine Aizpuru and Jeffrey Kaliel appeared for plaintiff; Karl Fanter, Bill Hawkins, Julie Brady and Kevin Hulick appeared for defendant; defendant wishes to refile a motion to dismiss to which the Court will permit; the motion is due 4/3/19; a response is due 5/3/19; a follow up Status Conference is set for 5/9/2019 at 11:30 AM by teleconference before Judge Michael R. Barrett; a reply is due 5/17/19; NOTE: parties shall refer to the entry on 2/1/19 for conferencing instructions (ba)
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Filing 46
ORDER granting #45 Motion for Leave to Appear Pro Hac Vice of Julie Singer Brady for Defendant Fifth Third Bank. Signed by Judge Michael R. Barrett on 3/1/19. (ba)
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Filing 45
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6809391) of Julie Singer Brady by Defendant Fifth Third Bank. (Attachments: #1 Exhibit A) (Hawkins, William)
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Filing 44
NOTICE of Appearance by William Howard Hawkins, II for Defendant Fifth Third Bank (Hawkins, William)
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NOTICE of Hearing: Please be aware that the Status Conference set for 3/7/19 is RESET to 3/20/2019 at 02:30 PM and remains set by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 2/1/19 for conferencing instructions (ba)
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Filing 43
CALENDAR ORDER: Status Conference set for 3/7/2019 at 11:00 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 12/6/2019. Plaintiff Rebuttal Expert due by 1/20/2020. Defendant Primary Expert due by 1/6/2020. Fact Discovery due by 11/29/2019. Expert Discovery 2/12/2020. Motions due by 2/26/2020. Signed by Judge Michael R. Barrett on 2/1/19. (ba)
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If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (bjc)
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Filing 42
Case transferred in from District of California Central; Case Number 2:18-cv-01963. Original file electronic copy of transfer order and docket sheet received.
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Judge Michael R. Barrett added. (er)
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Filing 41
ORDER by Judge Dean D. Pregerson: GRANTING #13 MOTION to Transfer Case. Case transferred to the Southern District of Ohio. Case transferred electronically. Terminiating #21 MOTION to Dismiss Case ( MD JS-6. Case Terminated. ) (shb) [Transferred from California Central on 12/10/2018.]
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Filing 40
NOTICE of Telephonic Appearance at Scheduling Conference filed by Plaintiff Troy Howards. (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 39
SCHEDULING NOTICE by Judge Dean D. Pregerson. At the request of counsel, Jeffrey D. Kaliel, the court grants permission to participate via telephone for the SCHEDULING CONFERENCE set for December 10, 2018 at 11:00 AM. Must be a land line, cell phone not permitted. Counsel shall use the following conference call information: Number: (877) 848-7030; Access Code: 3751621. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 12/10/2018.]
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Filing 38
TEXT ONLY ENTRY ( IN CHAMBERS) ORDER by Judge Dean D. Pregerson: The Scheduling Conference set for Monday, December 10, 2018 at 1:30 p.m. is ADVANCED to be heard at 11:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY[Transferred from California Central on 12/10/2018.]
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Filing 37
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson: On the Court's own motion, the SCHEDULING CONFERENCE set for November 19, 2018, is continued to December 10, 2018 at 1:30 p.m.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 12/10/2018.]
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Filing 36
NOTICE filed by Defendant Fifth Third Bank. Notice of Telephonic Appearance at Scheduling Conference (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 35
FED R. CIV. P. 26F REPORT filed by Plaintiff Troy Howards. (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 34
MINUTES OF #13 MOTION to Transfer Case and #21 MOTION to Dismiss Case. Motion Hearing held before Judge Dean D. Pregerson. Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (shb) [Transferred from California Central on 12/10/2018.]
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Filing 33
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson. On the Courts own motion, the Motion to Transfer Case to U.S. District for the Southern District of Ohio #13 and Motion to Dismiss Case #21 are hereby continued from October 22, 2018 to November 5, 2018 at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 12/10/2018.]
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Filing 32
ORDER by Judge Dean D. Pregerson: Granting #30 Non-Resident Attorney Guenther K. Fanter APPLICATION to Appear Pro Hac Vice on behalf of Defendant, Fifth Third Bank, designating Defendant, Fifesa C Chow as local counsel. (shb) [Transferred from California Central on 12/10/2018.]
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Filing 31
TEXT ONLY ENTRY (IN CHAMBERS) ORDER by Judge Dean D. Pregerson. On the Courts own motion, the Motion to Transfer Case #13 , and Motion to Dismiss Plaintiffs First Amended Class Action Complaint #21 are hereby continued from October 15, 2018 to October 22, 2018 at 10:00 a.m. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 12/10/2018.]
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Filing 30
APPLICATION of Non-Resident Attorney Guenther K. Fanter pro hac vice to Appear Pro Hac Vice on behalf of Defendant Fifth Third Bank (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-22543063) filed by Defendant Fifth Third Bank. (Attachments: #1 Proposed Order) (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 29
CERTIFICATE of Interested Parties filed by Defendant Fifth Third Bank, identifying Fifth Third Bancorp. (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 28
STIPULATION for Extension of Time to File motion for class certification filed by Plaintiff Troy Howards. (Attachments: #1 Proposed Order)(Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 27
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Reply (Motion related), #26 , Reply (Motion related), #25 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) [Transferred from California Central on 12/10/2018.]
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Filing 26
REPLY in support NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District for the Southern District of Ohio Defendant Fifth Third Banks Notice Of Motion And Motion To Transfer Venue Under 28 U.S.C. 1404(A) #13 Defendant Fifth Third Banks Reply Brief In Support of Its Motion To Transfer Venue Under 28 U.S.C. 1404(A) filed by Defendant Fifth Third Bank. (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 25
REPLY in support NOTICE OF MOTION AND MOTION to Dismiss Case Defendant Fifth Third Banks Notice of Motion and Motion to Dismiss Plaintiffs First Amended Class Action Complaint; Memorandum of Points and Authorities In Support Thereof; Declaration of Alice Schloemer21 Defendant Fifth Third Banks Reply To Howards Opposition To Motion To Dismiss First Amended Class Action Complaint filed by Defendant Fifth Third Bank. (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 24
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case Defendant Fifth Third Banks Notice of Motion and Motion to Dismiss Plaintiffs First Amended Class Action Complaint; Memorandum of Points and Authorities In Support Thereof; Declaration of Alice Schloemer21 filed by Plaintiff Troy Howards. (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 23
MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District for the Southern District of Ohio Defendant Fifth Third Banks Notice Of Motion And Motion To Transfer Venue Under 28 U.S.C. 1404(A) #13 filed by Plaintiff Troy Howards. (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 22
SUPPLEMENT to NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District for the Southern District of Ohio Defendant Fifth Third Banks Notice Of Motion And Motion To Transfer Venue Under 28 U.S.C. 1404(A) #13 Defendant Fifth Third Banks Supplemental Brief In Support of Its Motion To Transfer filed by Defendant Fifth Third Bank. (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 21
NOTICE OF MOTION AND MOTION to Dismiss Case Defendant Fifth Third Banks Notice of Motion and Motion to Dismiss Plaintiffs First Amended Class Action Complaint; Memorandum of Points and Authorities In Support Thereof; Declaration of Alice Schloemer filed by Defendant Fifth Third Bank. Motion set for hearing on 10/15/2018 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Teresa C. Chow, #2 Proposed Order) (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 20
ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED CLASS ACTION COMPLAINT AND CONTINUE CASE MANAGEMENT DEADLINES #18 by Judge Dean D. Pregerson: The Court, having considered the Parties Stipulation to Extend Time to Respond to First Amended Class Action Complaint, Etc. (Stipulation), and for good cause appearing, rules as follows. The Stipulation is hereby APPROVED.The hearing on Fifth Thirds pending Motion to Transfer Venue pursuant to 28 U.S.C. 1404(a) is continued from July 16, 2018 to October 15, 2018, at 10:00 a.m.; Fifth Thirds deadline to file and serve its responsive pleadings to the First Amended Class Action Complaint, which may include but not be limited to a Motion to Dismiss FAC, shall be extended from July 16, 2018 to August 15, 2018;Plaintiffs deadline to file and serve his oppositions to the Motion to Dismiss FAC and Motion to Transfer (collectively, the Motions) shall be September 10, 2018;Fifth Thirds deadline to file and serve its replies in support of the Motions shall be September 24, 2018;The hearing on the Motion to Dismiss FAC shall be set concurrently with the continued hearing on the Motion to Transfer, on October 15, 2018, at 10:00 a.m.;The Scheduling Conference in this action presently scheduled to take place on August 27, 2018 shall be continued to November 19, 2018 at 1:30 p.m.;Counsel for the Parties shall hold their Fed. R. Civ. P. 26(f) conference of counsel no more than 21 days in advance of the continued scheduling conference; andThe Parties shall file and / or serve their initial disclosures, discovery plan, and Fed. R. Civ. P. 26(f) report within 14 days of the Fed. R. Civ. P. 26(f) conference of counsel.The Parties may file supplemental briefs, not to exceed five pages, regarding the Motion to Transfer #13 no later than 09-10-18. IT IS SO ORDERED. ***NOTE: NEW INFORMATION*** (ab) Modified on 7/11/2018 (ab). [Transferred from California Central on 12/10/2018.]
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Filing 19
TEXT ONLY ENTRY (IN CHAMBERS)ORDER by Judge Dean D. Pregerson: In light of the First Amended Complaint filed 07-02-18 #17 , the Motion to Dismiss Case #14 set for 07/30/18, is hereby VACATED and taken off calendar. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) TEXT ONLY ENTRY [Transferred from California Central on 12/10/2018.]
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Filing 18
STIPULATION Extending Time to Answer the complaint as to Fifth Third Bank answer now due 8/15/2018, re Amended Complaint/Petition #17 filed by Defendant Fifth Third Bank. (Attachments: #1 Proposed Order)(Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 17
First AMENDED COMPLAINT against Defendant Fifth Third Bank amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Troy Howards (Attachments: #1 Declaration)(Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge Dean D. Pregerson. Scheduling Conference set for August 27, 2018 at 1:30 p.m. This matter is set for a scheduling conference in Courtroom 9C, before the Honorable Dean D. Pregerson, located at 350 West 1st Street, Los Angeles, California 90012. The conferencewill be held pursuant to Federal Rules of Civil Procedure 16(b). Lead trial counsel shall attend the scheduling conference. See order for further details. (shb) [Transferred from California Central on 12/10/2018.]
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Filing 15
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District for the Southern District of Ohio Defendant Fifth Third Banks Notice Of Motion And Motion To Transfer Venue Under 28 U.S.C. 1404(A) #13 , NOTICE OF MOTION AND MOTION to Dismiss Case Defendant Fifth Third Banks Notice Of Motion And Motion To Dismiss Plaintiffs Complaint #14 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): Te case number is missing the judge initials. The complete case number is : 2:18cv01963-DDP (ASx). In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) [Transferred from California Central on 12/10/2018.]
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Filing 14
NOTICE OF MOTION AND MOTION to Dismiss Case Defendant Fifth Third Banks Notice Of Motion And Motion To Dismiss Plaintiffs Complaint filed by Defendant Fifth Third Bank. Motion set for hearing on 7/30/2018 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Teresa C. Chow, #2 Proposed Order) (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 13
NOTICE OF MOTION AND MOTION to Transfer Case to U.S. District for the Southern District of Ohio Defendant Fifth Third Banks Notice Of Motion And Motion To Transfer Venue Under 28 U.S.C. 1404(A) filed by Defendant Fifth Third Bank. Motion set for hearing on 7/16/2018 at 10:00 AM before Judge Dean D. Pregerson. (Attachments: #1 Declaration of Teresa C. Chow, #2 Proposed Order) (Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 12
STIPULATION Extending Time to Answer the complaint as to Fifth Third Bank answer now due 6/11/2018, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Fifth Third Bank.(Attorney Teresa C Chow added to party Fifth Third Bank(pty:dft))(Chow, Teresa) [Transferred from California Central on 12/10/2018.]
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Filing 11
WAIVER OF SERVICE Returned Executed filed by Plaintiff Troy Howards. upon Fifth Third Bank waiver sent by Plaintiff on 4/3/2018, answer due 6/4/2018. Waiver of Service signed by Teresa Chow. (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 10
MINUTE ORDER IN CHAMBERS by Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D. Pregerson. Counsel are encouraged to review the Central Districts website for additional information. The address ishttp://www.cacd.uscourts.gov. It is not necessary to clear a motion date with the Court Clerk prior to filing the motion. The Court hears motions only on Mondays at 10:00 a.m. See order for further details. (shb) [Transferred from California Central on 12/10/2018.]
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Filing 9
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Fifth Third Bank. (shb) [Transferred from California Central on 12/10/2018.]
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Filing 8
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Troy Howards. (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 7
NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. Name of court is missing. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) [Transferred from California Central on 12/10/2018.]
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Filing 6
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) [Transferred from California Central on 12/10/2018.]
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Filing 5
NOTICE OF ASSIGNMENT to District Judge Dean D. Pregerson and Magistrate Judge Alka Sagar. (ghap) [Transferred from California Central on 12/10/2018.]
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Filing 4
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Troy Howards. (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 3
NOTICE of Interested Parties filed by Plaintiff Troy Howards, (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 2
CIVIL COVER SHEET filed by Plaintiff Troy Howards. (Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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Filing 1
COMPLAINT Receipt No: 0973-21382896 - Fee: $400, filed by Plaintiff Troy Howards. (Attorney Jeffrey Douglas Kaliel added to party Troy Howards(pty:pla))(Kaliel, Jeffrey) [Transferred from California Central on 12/10/2018.]
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