Ray v. Fifth Third Bank, National Association et al
Defendant: Fifth Third Bank, National Association d/b/a Fifth Third Bank, Foundation Risk Partners, Corp., Fifth Third Insurance Agency, Inc. d/b/a Fifth Third Insurance, Fifth Third Bank, National Association doing business as Fifth Third Bank and Fifth Third Insurance Agency, Inc. doing business as Fifth Third Insurance
Counter Defendant: Duane Ray
Case Number: 1:2021cv00076
Filed: February 1, 2021
Court: US District Court for the Southern District of Ohio
Presiding Judge: Douglas R Cole
Referring Judge: Matthew W McFarland
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

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

Date Filed Document Text
February 1, 2023 Opinion or Order Filing 75 MANDATE of USCA as to #68 Notice of Interlocutory Appeal, filed by Fifth Third Insurance Agency, Inc. & Fifth Third Bank, National Association: No costs taxed. (er)
February 1, 2023 Opinion or Order Filing 74 MANDATE of USCA as to #65 Notice of Appeal filed by Foundation Risk Partners, Corp.: No costs taxed. (er)
January 10, 2023 Opinion or Order Filing 73 ORDER of USCA as to #68 Notice of Interlocutory Appeal, filed by Fifth Third Insurance Agency, Inc., Fifth Third Bank, National Association: The Sixth Circuit ORDERS the appeal DISMISSED for lack of standing. Note: Mandate to issue. (er)
January 10, 2023 Opinion or Order Filing 72 ORDER of USCA as to #65 Notice of Appeal filed by Foundation Risk Partners, Corp.: The Sixth Circuit AFFIRMS the judgment of the District Court. Note: Mandate to issue. (er)
September 22, 2022 Opinion or Order Filing 71 NOTICE of Substitution of Counsel - Ross Alan Wilson substituting for Michael A. Xavier as to Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Wilson, Ross)
June 17, 2022 Opinion or Order Filing 70 Transcript of Proceedings, Preliminary Injunction Hearing, held on February 11, 2022, before Judge Douglas R. Cole. Court Reporter Sue Lopreato, Telephone number 513.564.7679. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022. (mal)
May 2, 2022 Opinion or Order Filing 69 USCA Case Number 22-3411 for #68 Notice of Interlocutory Appeal, filed by Fifth Third Insurance Agency, Inc. & Fifth Third Bank, National Association; case manager Virginia Lee Padgett, 513-564-7032. (er)
April 29, 2022 Opinion or Order Filing 68 NOTICE OF INTERLOCUTORY APPEAL re #64 Order on Motion for Preliminary Injunction, (Filing fee has been paid, receipt number AOHSDC-8844911) by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Xavier, Michael)
April 27, 2022 Opinion or Order Filing 66 USCA Case Number 22-3387 for #65 Notice of Appeal filed by Foundation Risk Partners, Corp.; case manager Virginia Lee Padgett, 513-564-7032. (er)
April 26, 2022 Opinion or Order Filing 65 NOTICE OF APPEAL re #64 Order on Motion for Preliminary Injunction, (Filing fee has been paid, receipt number AOHSDC-8837673) by Defendant Foundation Risk Partners, Corp.. (Griffith, Kevin)
March 31, 2022 Opinion or Order Filing 64 OPINION AND ORDER denying #37 Defendant Foundation Risk Partners' Motion for Preliminary Injunction and vacating #47 Amended Agreed Temporary Restraining Order. The Court directs the Clerk to retain the $50,000 surety bond associated with #47 Amended Agreed Temporary Restraining Order pending further Order of the Court. Signed by Judge Douglas R. Cole on 3/31/22. (sct)
February 22, 2022 Opinion or Order Notice of Correction re: #61 Brief, This document has been restricted at the request of the filer and re-filed as document #62 (bjc)
February 18, 2022 Opinion or Order Filing 63 BRIEF by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Xavier, Michael)
February 18, 2022 Opinion or Order Filing 62 BRIEF by Defendant Foundation Risk Partners, Corp., Counter Claimant Foundation Risk Partners, Corp.. (Attachments: #1 Text of Proposed Order Attachment 1 - Preliminary Injunction Order (proposed), #2 Exhibit A - Rays Deposition Transcript, #3 Exhibit B - Big 4 Insurance Announcement, #4 Exhibit C - Demonstrative Exhibit Summarizing Mr. Rays deposition testimony, #5 Exhibit D - Van Zandt Sale and Purchase Agreement) (Griffith, Kevin)
February 18, 2022 Opinion or Order Filing 61 [FILED IN ERROR, PLEASE DISREGARD] BRIEF by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Attachments: #1 Text of Proposed Order Attachment 1 - Preliminary Injunction Order, #2 Exhibit A - Rays Deposition Transcriipt, #3 Exhibit B - Big 4 Insurance Announcement, #4 Exhibit C - Demonstrative Exhibit Summarizing Mr. Rays January 21, 2022 deposition testimony, #5 Exhibit D - Van Zandt Sale and Purchase Agreement) (Griffith, Kevin) Modified Docket Text and Security on 2/22/2022 (bjc).
February 18, 2022 Opinion or Order Filing 60 BRIEF by Plaintiff Duane Ray. (Schneider, Louis)
February 17, 2022 Opinion or Order Filing 59 Transcript of Proceedings, Excerpt of Preliminary Injunction Hearing, held on February 11, 2022, before Judge Douglas R. Cole. Court Reporter Sue Lopreato, Telephone number 513.564.7679. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 3/10/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 5/18/2022. (mal)
February 16, 2022 Opinion or Order NOTATION ORDER granting #58 Motion for Leave to Appear Pro Hac Vice of Courtney L. Graham as Co-Counsel. Co-Counsel is directed to register for efilingthrough PACER unless they have done so previously. Signed by Judge Douglas R. Cole on 2/16/2022. (eh)
February 15, 2022 Opinion or Order Filing 58 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8724270) of Courtney L. Graham by Plaintiff Duane Ray. (Attachments: #1 Exhibit Declaration of Courtney Graham, #2 Exhibit Certificate of Good Standing) (Schneider, Louis)
February 11, 2022 Opinion or Order Minute Entry for proceedings held before Judge Douglas R. Cole: Motion Hearing held on 2/11/22 re #37 Defendant Foundations Risk Partners, Corp.'s MOTION for Preliminary Injunction. Randall Strause appeared for Plaintiff; Kevin Griffith and Andrew Klaben-Finegold appeared for Defendant Foundation Risk Partners, Corp.; Kenyon Meyer appeared for the Fifth Third Defendants. The Court heard arguments of counsel and testimony of Duane Ray, Donald Thompson, and Joe Wheatley. Plaintiff's exhibits 2, 3, 7, 12, 15, 21, and 22 admitted along with the Asset Purchase Agreement that Plaintiff's will email to chambers. Defendant Foundation Risk Partners, Corp.'s exhibits 1-23, 25, 26, and 30-35 admitted along with Donald Thompson's testimony from the preliminary injunction hearing in 1:20-cv-1040, Hobbs v. Fifth Third Bank, N.A., et al. Parties to file Supplemental Post Hearing Briefs by 2/18/22. (Court Reporter: Sue Lopreato-Official). (sct)
February 4, 2022 Opinion or Order Filing 57 RESPONSE in Opposition re #37 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Counter Defendant Duane Ray, Plaintiff Duane Ray. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (Schneider, Louis)
February 4, 2022 Opinion or Order Filing 56 TRIAL BRIEF Defendants Fifth Third Bank, N.A. and Fifth Third Bank Insurance Agency, Inc.s Pre-Preliminary Injunction Hearing Brief Regarding Issues Raise as to the Assignment of Plaintiff Duane Ray's Restrictive Covenants to Defendant Foundation Risk Partners Corp. by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Xavier, Michael)
February 2, 2022 Opinion or Order Filing 55 Witness Disclosures in Connection with the February 11, 2022 Preliminary Injunction Hearing, filed by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc., Foundation Risk Partners, Corp., Counter Claimant Foundation Risk Partners, Corp.. (Griffith, Kevin) Modified docket text on 2/3/2022 (kl).
February 2, 2022 Opinion or Order Filing 54 Exhibits for the February 11, 2022, Preliminary Injunction Hearing, filed by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc., Foundation Risk Partners, Corp., Counter Claimant Foundation Risk Partners, Corp. (Griffith, Kevin) Modified docket text on 2/3/2022 (kl).
January 18, 2022 Opinion or Order Filing 53 NOTICE by Defendant Foundation Risk Partners, Corp., Counter Claimant Foundation Risk Partners, Corp. of Posting Bond (Griffith, Kevin)
January 18, 2022 Opinion or Order Filing 52 Surety BOND in the amount of $ 25,000 posted by Defendant Foundation Risk Partners, Corp. (er)
January 12, 2022 Opinion or Order Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 1/12/22. Louis Schneider and Randall Strause appeared for Plaintiff; Michael Xavier appeared for Defendants Fifth Third Bank, National Association and Fifth Third Insurance Agency, Inc.; Kevin Griffith appeared for Defendant Foundation Risk Partners, Corp. The agreed temporary restraining order was discussed. The Court denied the Plaintiff's motion to terminate the TRO, but set an expedited preliminary injunction hearing, and increased the bond amount for the temporary restraining order to $50,000. Preliminary Injunction hearing set for 2/11/22 at 8:30 a.m. in Courtroom 117. Parties to exchange witnesses and exhibits by 2/2/22 at 5:00 p.m. Any pre-hearing briefing shall be filed by 2/4/22. (sct)
January 12, 2022 Opinion or Order NOTATION ORDER re #49 Plaintiff's Motion to Terminate or in the Alternative Modify Agreed Temporary Restraining Order. The Court denies the motion to terminate, but grants the motion to modify. The Agreed Temporary Restraining Order is modified to increase the surety bond on the temporary restraining order from $25,000 to $50,000. Defendant Foundation Risk Partners, Corp. shall post an additional $25,000 surety bond with the Clerk of Court. SO ORDERED. Signed by Judge Douglas R. Cole on 1/12/22. (sct)
January 3, 2022 Opinion or Order Filing 51 RESPONSE in Opposition re #49 MOTION To terminate or in the alternative modify agreed temporary restraining order, and for a status conference MOTION to Vacate MOTION to Amend/Correct MOTION for Hearing filed by Defendant Foundation Risk Partners, Corp., Counter Claimant Foundation Risk Partners, Corp.. (Griffith, Kevin)
December 21, 2021 Opinion or Order Filing 50 NOTICE by Defendant Foundation Risk Partners, Corp. re #12 Notice of Appearance of Withdrawal of Counsel (Griffith, Kevin)
December 10, 2021 Opinion or Order Filing 49 MOTION To terminate or in the alternative modify agreed temporary restraining order, and for a status conference by Plaintiff Duane Ray. (Attachments: #1 Text of Proposed Order Proposed Order to Terminate Agreed TRO) (Schneider, Louis). Added MOTION to Vacate, MOTION to Amend/Correct, MOTION for Hearing on 12/13/2021 (eh).
December 2, 2021 Opinion or Order Filing 48 STIPULATED PROTECTIVE ORDER. Signed by Judge Douglas R. Cole on 12/2/21. (sct)
December 2, 2021 Opinion or Order Filing 47 AMENDED AGREED TEMPORARY RESTRAINING ORDER. Signed by Judge Douglas R. Cole on 12/2/21. (sct)
November 24, 2021 Opinion or Order NOTICE vacating the Discovery Conference by telephone set for 11/24/21 at 3:30 PM before Judge Douglas R. Cole and the Motion Hearing set for 12/1/21 and 12/2/21 at 9:30 AM in Courtroom 117 before Judge Douglas R. Cole. (sct)
October 8, 2021 Opinion or Order Filing 46 NOTICE by Defendant Foundation Risk Partners, Corp. re #44 Order on Motion for TRO of Posting Bond (Griffith, Kevin)
October 8, 2021 Opinion or Order Filing 45 Surety BOND in the amount of $25,000.00 posted by Defendant Foundation Risk Partners, Corp. (sem) .
October 7, 2021 Opinion or Order Filing 44 AGREED TEMPORARY RESTRAINING ORDER. Signed by Judge Douglas R. Cole on 10/7/21. (sct)
October 7, 2021 Opinion or Order NOTATION ORDER granting #43 Plaintiff's MOTION to Continue Preliminary Injunction Hearing. Motion Hearing reset for 12/1/21 and 12/2/21 at 9:30 AM in Courtroom 117 before Judge Douglas R. Cole. SO ORDERED. Signed by Judge Douglas R. Cole on 10/7/21. (sct)
October 1, 2021 Opinion or Order Filing 43 MOTION to Continue Preliminary Injunction Hearing by Plaintiff Duane Ray. (Attachments: #1 Text of Proposed Order Proposed Order) (Schneider, Louis)
September 3, 2021 Opinion or Order NOTICE of Hearing on Motion re #37 Defendant Foundation Risk Partners, Corp.'s MOTION for Preliminary Injunction: Motion Hearing set for 10/13/21 and 10/14/21 at 9:30 AM in Courtroom 117 before Judge Douglas R. Cole. (sct)
September 2, 2021 Opinion or Order NOTATION ORDER granting #38 Defendant Foundation Risk Partners, Corp.'s Motion for Appointment of Special Process Server and denying as moot #39 Defendant Foundation Risk Partners, Corp.'s Motion for Expedited Discovery. SO ORDERED. Signed by Judge Douglas R. Cole on 9/2/21. (sct)
September 2, 2021 Opinion or Order Minute Entry for proceedings held before Judge Douglas R. Cole: Informal Preliminary Conference re #37 Motion for Temporary Restraining Order and Preliminary Injunction by telephone held on 9/2/21. Louis Schneider and Randall Strause appeared for Plaintiff; Michael Xavier and Kenyon Meyer appeared for Defendants Fifth Third Bank, National Association and Fifth Third Insurance Agency, Inc.; Kevin Griffith, Chad Kaldor, Sarah Squillante, and Andrew Klaben-Finegold appeared for Defendant Foundation Risk Partners, Corp. The parties agreed that Plaintiff shall not solicit or accept former customers of Fifth Third Insurance Agency, Inc. until after the hearing on the motion for preliminary injunction. Hearing on motion for preliminary injunction set for 10/13/21 and 10/14/21. The parties shall submit an agreed temporary restraining order agreed protective order to chambers at cole_chambers@ohsd.uscourts.gov. Defendant Foundation Risk Partners, Corp. shall post a surety bond on the temporary restraining order in the amount of $25,000. (Court Reporter: Sue Lopreato-Official). (sct)
September 1, 2021 Opinion or Order Filing 42 RESPONSE in Opposition re #39 MOTION to Expedite Discovery filed by Counter Defendant Duane Ray. (Schneider, Louis)
August 30, 2021 Opinion or Order Filing 41 ORDER: The above-captioned matter is hereby TRANSFERRED from the docket of the Honorable Matthew W. McFarland to the Clerk of this Court for reassignment. The Telephone Conference set for 08/31/2021 at 10:15 AM is VACATED. Signed by Judge Matthew W. McFarland on 08/30/2021. (kaf)
August 26, 2021 Opinion or Order Filing 40 NOTICE by Defendant Foundation Risk Partners, Corp. re #39 MOTION to Expedite Discovery of Filing Exhibit A (accidentally omitted from original filing) (Griffith, Kevin)
August 26, 2021 Opinion or Order Filing 39 MOTION to Expedite Discovery by Defendant Foundation Risk Partners, Corp.. (Griffith, Kevin)
August 26, 2021 Opinion or Order Filing 38 MOTION for Order to Appoint Special Process Server by Defendant Foundation Risk Partners, Corp.. (Attachments: #1 Text of Proposed Order) (Griffith, Kevin)
August 26, 2021 Opinion or Order Filing 37 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 9/16/2021) by Defendant Foundation Risk Partners, Corp.. (Attachments: #1 Exhibit A - Epic Agreement, #2 Exhibit B - 2020 ICP Agreement, #3 Exhibit C - Declaration of Jason Rankin, #4 Exhibit D - Big 4 Insurance, LLC (Kentucky Secretary of State information), #5 Exhibit E - Email to Plaintiff's Counsel (Aug. 3, 2021), #6 Exhibit F - Cease and Desist Letter to Plaintiff's Counsel (Aug. 10, 2021), #7 Text of Proposed Order) (Griffith, Kevin)
August 10, 2021 Opinion or Order Filing 36 NOTICE of Appearance by Andrew Jay Klaben-Finegold for Defendant Foundation Risk Partners, Corp. (Klaben-Finegold, Andrew)
June 23, 2021 Opinion or Order NOTATION ORDER: Upon the filing of Plaintiff's Amended Complaint (Doc. #22 ), Defendant Fifth Third's first Motion to Dismiss (Doc. #13 ) is hereby DENIED AS MOOT. Defendants' second Motion to Dismiss (Doc. #25 ) remains pending before the Court. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 06/23/2021. (kaf)
June 11, 2021 Opinion or Order Filing 35 REPLY to Response to Motion re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Xavier, Michael)
May 17, 2021 Opinion or Order Filing 34 ORDER GRANTING JOINT MOTION (Doc. #32 ): For good cause shown, the Court hereby GRANTS the parties' Joint Motion (Doc. #32 ) and rules as follows: 1. Plaintiff's request for leave to file an amended response, within the Court's 20-page limit, to Fifth Third's Motion to Dismiss (Doc. #25 ) by May 14, 2021 is GRANTED; 2. Fifth Third's Motion to Strike (Doc. #30 ) is DENIED AS MOOT, pending Plaintiff's filing of the above-mentioned amended response; and 3. Fifth Third is GRANTED a 14-day extension, or until June 11, 2021, to file a reply in support of its motion to dismiss (Doc. #25 ). IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 05/17/2021. (kaf)
May 14, 2021 Opinion or Order Filing 33 RESPONSE in Opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Duane Ray. (Attachments: #1 Exhibit Unreported Cases/LEXIS cites) (Schneider, Louis)
May 13, 2021 Opinion or Order Filing 32 Joint MOTION For Leave to Amend Ray's Memorandum in Response to Fifth Third's #25 Motion To Dismiss; to Deny Fifth Thirds #30 Motion to Strike as Moot; And for Extension of Fifth Thirds Deadline to File a Reply in Support of the Motion to Dismiss re #28 Response to Motion by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc. (Xavier, Michael). Added MOTION to Amend/Correct, MOTION for Extension of Time to File Response/Reply on 5/14/2021 and Modified docket links. (kh)
May 12, 2021 Opinion or Order Filing 31 Plaintiff's ANSWER to #24 Answer to Amended Complaint, Counterclaim filed by Duane Ray. (Schneider, Louis)
May 12, 2021 Opinion or Order Filing 30 MOTION to Strike #28 Response to Motion Defendants Fifth Third Bank, N.A. and Fifth Third Bank Insurance Agency, Inc.s Motion to Strike Plaintiff Duane Rays Memorandum in Response to The Motion to Dismiss the First Amended Complaint and Alternative Unopposed Motion for Extension of Time to File a Reply in Support of the Motion to Dismiss the First Amended Complaint by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Xavier, Michael). Added MOTION for Extension of Time to File Response/Reply on 5/13/2021 (eh).
May 7, 2021 Opinion or Order Reset Deadlines per doc #29 : Foundation Risk Partners, Corp. answer to #24 Counterclaim due 5/13/2021. (kh)
May 6, 2021 Opinion or Order Filing 29 STIPULATION for Extension of Time for Plaintiff to Respond to Foundation Risk Partners, Corp.'s Counterclaim by Plaintiff Duane Ray. (Schneider, Louis)
May 6, 2021 Opinion or Order Filing 28 RESPONSE to Motion re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiff Duane Ray. (Schneider, Louis)
May 3, 2021 Opinion or Order NOTATION ORDER: For good cause, the Court GRANTS #27 Plaintiff's Unopposed Motion for Extension of Time to Respond to the #25 Motion to Dismiss. Plaintiff shall file his response on or by May 6, 2021. Signed by Judge Matthew W. McFarland on 05/03/2021. (kaf)
April 29, 2021 Opinion or Order Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM New date requested 5/6/2021. by Plaintiff Duane Ray. (Attachments: #1 Text of Proposed Order Proposed Order) (Schneider, Louis)
April 19, 2021 Opinion or Order NOTATION ORDER granting #26 Motion for Leave to Appear Pro Hac Vice of Robert Kenyon Meyer as Co-Counsel. Co-Counsel is directed to register for efilingthrough PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 4/19/2021. (eh)
April 15, 2021 Opinion or Order Filing 26 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8268135) of Robert Kenyon Meyer by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Xavier, Michael)
April 8, 2021 Opinion or Order Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Xavier, Michael)
April 2, 2021 Opinion or Order Reset Deadline to Answer First Amended Complaint re Doc. #23 : Fifth Third Bank, National Association answer due 4/8/2021; Fifth Third Insurance Agency, Inc. answer due 4/8/2021. (kl)
April 1, 2021 Opinion or Order Filing 24 ANSWER to #22 Amended Complaint, , COUNTERCLAIM against Duane Ray filed by Foundation Risk Partners, Corp.. (Attachments: #1 Exhibit A - Epic Agreement) (Griffith, Kevin)
March 31, 2021 Opinion or Order Filing 23 STIPULATION Agreed Stipulation for Extension of Time for Defendants Fifth Third Bank, N.A. and Fifth Third Insurance Agency, Inc. to Respond to the First Amended Complaint by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Xavier, Michael)
March 18, 2021 Opinion or Order Filing 22 AMENDED COMPLAINT against Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc., Foundation Risk Partners, Corp., filed by Duane Ray. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9) (Schneider, Louis)
March 17, 2021 Opinion or Order Filing 21 NOTICE by Defendant Foundation Risk Partners, Corp. re #18 Notice of Deficiency (Clerk's Notice), #17 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8184898) of Jay Inman (Certificate of Good Standing) (Griffith, Kevin)
March 17, 2021 Opinion or Order NOTATION ORDER granting #17 Motion for Leave to Appear Pro Hac Vice of Jay Inman as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 3/17/2021. (eh)
March 16, 2021 Opinion or Order Filing 20 ORDER GRANTING EXTENSION OF TIME (Doc. #19 ): Upon consideration of Defendant's Motion, and for good cause shown, the Court hereby GRANTS the Motion. Defendant Foundation Risk Partners, Corp. has until March 25, 2021 to move or plead. Signed by Judge Matthew W. McFarland on 03/16/2021. (kaf)
March 15, 2021 Opinion or Order Filing 19 Unopposed MOTION for Extension of Time to File Answer New date requested 3/25/2021. by Defendant Foundation Risk Partners, Corp.. (Attachments: #1 Text of Proposed Order) (Griffith, Kevin)
March 3, 2021 Opinion or Order Filing 18 Notice of Deficiency re: #17 MOTION for Leave to Appear Pro Hac Vice of Jay Inman. The submitted certificate is not from the highest court of a State. Deficiency Deadline by 3/17/2021. (eh)
March 2, 2021 Opinion or Order Filing 17 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8184898) of Jay Inman by Defendant Foundation Risk Partners, Corp.. (Attachments: #1 Exhibit Jay Inman Certificate of Good Standing) (Griffith, Kevin)
March 1, 2021 Opinion or Order Filing 16 Corporate Disclosure Statement by Defendant Foundation Risk Partners, Corp.. (Griffith, Kevin)
February 26, 2021 Opinion or Order Filing 15 Corporate Disclosure Statement by Defendants Fifth Third Insurance Agency, Inc., Fifth Third Bank, National Association identifying Corporate Parent Fifth Third Bank, National Association for Fifth Third Insurance Agency, Inc... (Xavier, Michael)
February 26, 2021 Opinion or Order Filing 14 Corporate Disclosure Statement by Defendant Fifth Third Bank, National Association. (Xavier, Michael)
February 25, 2021 Opinion or Order Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Defendants Fifth Third Bank, N.A. and Fifth Third Bank Insurance Agency, Inc.s Motion to Dismiss by Defendants Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Xavier, Michael)
February 24, 2021 Opinion or Order Filing 12 NOTICE of Appearance by Sarah K. Squillante for Defendant Foundation Risk Partners, Corp. (Squillante, Sarah)
February 24, 2021 Opinion or Order Filing 11 NOTICE of Appearance by Chad J Kaldor for Defendant Foundation Risk Partners, Corp. (Kaldor, Chad)
February 24, 2021 Opinion or Order Filing 10 NOTICE of Appearance by Kevin Edmund Griffith for Defendant Foundation Risk Partners, Corp. (Griffith, Kevin)
February 24, 2021 Opinion or Order Reset Deadlines per doc #9 : Foundation Risk Partners, Corp. answer due 3/18/2021. (kh)
February 23, 2021 Opinion or Order Filing 9 STIPULATION to Move or Plead Between Plaintiff and Defendant Foundation Risk Partners Corp. by Defendant Foundation Risk Partners, Corp.. (Griffith, Kevin)
February 18, 2021 Opinion or Order NOTATION ORDER granting #2 Motion for Leave to Appear Pro Hac Vice of Randall S. Strause as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 2/18/2021. (eh) Modified to correct docket text and regenerate to PHV attorney on 2/19/2021 (eh).
February 16, 2021 Opinion or Order Filing 8 NOTICE by Plaintiff Duane Ray re #2 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8070618) of Randall S. Strause (Attachments: #1 Exhibit Certificate of Good Standing) (Schneider, Louis)
February 11, 2021 Opinion or Order Set/Reset Deadlines: Fifth Third Bank, National Association answer due 2/25/2021; Fifth Third Insurance Agency, Inc. answer due 2/25/2021; Foundation Risk Partners, Corp. answer due 2/25/2021. (kh)
February 8, 2021 Opinion or Order Filing 7 Summons Returned Executed as to Defendant Foundation Risk Partners, Corp., served 2/4/2021, answer due 2/25/2021, filed by Plaintiff Duane Ray. (Schneider, Louis) Modified docket text on 2/11/2021 (kh).
February 8, 2021 Opinion or Order Filing 6 Summons Returned Executed as to Defendant Fifth Third Insurance Agency, Inc., served 2/4/2021, answer due 2/25/2021, filed by Plaintiff Duane Ray. (Schneider, Louis) Modified docket text on 2/11/2021 (kh).
February 8, 2021 Opinion or Order Filing 5 Summons Returned Executed as to Defendant Fifth Third Bank, NA served 2/4/2021, answer due 2/25/2021, filed by Plaintiff Duane Ray. (Schneider, Louis) Modified docket text on 2/11/2021 (kh).
February 2, 2021 Opinion or Order Filing 4 Notice of Deficiency re: #2 MOTION for Leave to Appear Pro Hac Vice of Randall S. Strause. The submitted certificate was issued more than three months ago. Deficiency Deadline by 2/16/2021. (eh)
February 2, 2021 Opinion or Order Filing 3 Summons Issued as to Fifth Third Bank, National Association, Fifth Third Insurance Agency, Inc., Foundation Risk Partners, Corp. (eh)
February 2, 2021 Opinion or Order If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh)
February 1, 2021 Opinion or Order Filing 2 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8070618) of Randall S. Strause by Plaintiff Duane Ray. (Attachments: #1 Exhibit A, #2 Exhibit B) (Schneider, Louis)
February 1, 2021 Opinion or Order Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8070601), filed by Duane Ray. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Civil Cover Sheet Civil Cover Sheet, #4 Summons Form Fifth Third Bank Summons, #5 Summons Form Fifth Third Insurance Summons, #6 Summons Form Foundation Risk Partners Summons) (Schneider, Louis)

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Search for this case: Ray v. Fifth Third Bank, National Association et al
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Defendant: Fifth Third Bank, National Association d/b/a Fifth Third Bank
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Defendant: Foundation Risk Partners, Corp.
Represented By: Sarah K. Squillante
Represented By: Chad J Kaldor
Represented By: Kevin Edmund Griffith
Represented By: Jay Inman
Represented By: Andrew Jay Klaben-Finegold
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Defendant: Fifth Third Insurance Agency, Inc. d/b/a Fifth Third Insurance
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Defendant: Fifth Third Bank, National Association doing business as Fifth Third Bank
Represented By: Michael A. Xavier
Represented By: Robert Kenyon Meyer
Represented By: Ross Alan Wilson
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Defendant: Fifth Third Insurance Agency, Inc. doing business as Fifth Third Insurance
Represented By: Michael A. Xavier
Represented By: Robert Kenyon Meyer
Represented By: Ross Alan Wilson
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Counter defendant: Duane Ray
Represented By: Louis Carl Schneider
Represented By: Randall S. Strause
Represented By: Courtney L. Graham
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