McHugh v. Fifth Third Bancorp et al
| Philip R. McHugh |
| Gregory D. Carmichael |
| Fifth Third Bancorp and Fifth Third Bank, National Association |
| 1:2021cv00238 |
| April 7, 2021 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Petition for Removal - Employment Discrim |
| Both |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 37
ORDER - The Court will not order any further production of calendar data from Fifth Third Bank employees Carmichael (also a party), Shaffer, and Spence at this time. If Plaintiff elects to hire Mr. Wissman (or another eDiscovery consultant) to run the calendar data already produced by Defendants through an eDiscovery review tool (such as Relativity), and if it does not reconstruct the calendars as Mr. Bosselman claims it will, then Plaintiff is instructed to contact the Court to request yet another discovery conference. To this end, Defendants shall produce to Plaintiff (copying Mr. Wissman) the additional metadata discussed during the October 10, 2023 meet and confer no later than November 6, 2023. Signed by Judge Michael R. Barrett on 10/30/2023. (kkz)
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Filing 36
ORDER - Plaintiff's #20 Motion to Compel is GRANTED, such that Defendants shall provide to Plaintiff, in native.PST format, a copy of the Plaintiff's Outlook calendar data file for the requested date range. Defendants shall also provide an identical copy of that file to the Court, which the Court will maintain to allow it to investigate any allegations that Plaintiff has manipulated the data file after receipt, should such allegations arise. The Court DEFERS ruling on Plaintiff's request for payment of reasonable attorneys' fees and expenses associated with its Motion. In addition, Plaintiff shall retain an eDiscovery consultant to meet and confer with Defendant's eDiscovery consultant to explore ways in which Plaintiff can use the already-produced data to adequately re-construct the calendars for Defendant Fifth Third Bank employees Greg Carmichael (also a named Defendant), Bob Shaffer, and Tim Spence. The eDiscovery consultants shall provide a joint report, or if they cannot reach agreement, two individual reports, to the Court on or before October 13, 2023 detailing their efforts to confer and the results of those efforts. At that point, the Court will consider whether further relief is warranted as to the calendars for those employees. Signed by Judge Michael R. Barrett on 9/22/2023. (kkz) Modified docket text on 9/22/2023 (eh).
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| Filing 35 Transcript of Proceedings, Discovery Hearing held on September 12, 2023, before Judge Douglas R. Cole. Court Reporter/Transcriber Maryann T. Maffia, Telephone number 513-564-7677. 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 10/10/2023. Redacted Transcript Deadline set for 10/20/2023. Release of Transcript Restriction set for 12/18/2023. (Maffia, Maryann) |
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Filing 34
ORDER denying #26 Defendants' Motion for Leave to File a Sur-Reply as to #20 Plaintiff's Motion to Compel Production. Signed by Judge Michael R. Barrett on 9/18/2023. (kkz)
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| Filing 33 BRIEF by Defendant Fifth Third Bancorp. (Cioffi, Michael) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: In Person Discovery Conference held on 9/12/23. Peter Saba and Joshua Smith appeared for Plaintiff; Michael Cioffi and Collin Hart appeared for Defendants. Issues related to Plaintiff's Microsoft Outlook Calendar discovery discussed. Defendant's counsel to email chambers with a report regarding the investigation into creating a hash for PST files on or before 9/19/23. (Court Reporter: Maryann Maffia-Official). (sct) |
| NOTICE of Hearing: Please be aware that an in-person Status Conference is set for 9/12/2023 at 2:00 PM in Courtroom 109 - Cincinnati before Judge Douglas R. Cole. (kkz) |
| Filing 32 Transcript of Proceedings, Discovery Conference held on July 27, 2023, before Judge Michael R. Barrett. Court Reporter/Transcriber Maryann Maffia, Telephone number 513-564-7677. 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 9/7/2023. Redacted Transcript Deadline set for 9/18/2023. Release of Transcript Restriction set for 11/15/2023. (Maffia, Maryann) |
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NOTATION ORDER: As a follow-up to the Discovery Conference held on 7/27/2023, the Court conducted an in camera review of text chains currently designated (by Defendants) as Attorneys' Eyes Only (AEO); the same day, the Court advised Peter Saba, counsel for Plaintiff, and Collin Hart, counsel for Defendants, of its tentative ruling and invited objections; on 8/7/2023, Defendants submitted objections as to five text chains; on 8/8/2023, the Court overruled four of Defendants' five objections; accordingly, Defendants shall produce (subject to the parties' #16 Stipulated Protective Order but without an AEO designation) the text chains flagged by the Court with the exception of FIFTHTHIRDMCHUGH00213044. IT IS SO ORDERED. Signed by Judge Michael R. Barrett on 8/11/2023. Signed by Judge Michael R. Barrett on 8/11/2023. (wam)
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Minute Entry and NOTATION ORDER for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 7/27/2023; Peter Saba and Joshua Smith appeared for Plaintiff; Thomas Stewart and Collin Hart appeared for Defendants; counsel to provide Court with additional information to facilitate resolution of #20 Motion to Compel Production of Plaintiff's Microsoft Outlook Calendar as well as Plaintiff's requests for copies of the Outlook calendars of Tim Spence, Bob Shaffer, and Defendant Greg Carmichael for the period specified; Plaintiff may depose Defendant Carmichael for 2 days/14 hours as noticed on 9/28/2023 and 9/29/2023; Court to provide counsel with text chains that do not require an Attorneys' Eyes Only designation; Plaintiff granted leave to file a motion to compel the production of text messages withheld on the basis of attorney-client privilege; calendar, to include discovery (fact) deadline, remains stayed. Signed by Judge Michael R. Barrett on 7/26/2023. (Court Reporter: Maryann Maffia (official)). (kkz)
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| NOTICE of Hearing: Please be aware that a Discovery Conference is set for 7/27/2023 at 12:30 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. (kkz) |
| Filing 31 NOTICE of Declaration of Nancy C. Pinckney. (kkz) |
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NOTATION ORDER: This matter is before the Court on the ex parte letter (dated 2/24/2023) from Collin Hart, counsel for Defendants; Mr. Hart advises that 11 additional pages of Defendant Greg D. Carmichael's personnel file have been located; the Court has inspected these pages and ORDERS Defendants to produce to Plaintiff the following document (by 5:00 p.m. ET) on or before 3/3/2023: Bates 214527 (redacted as discussed); the Clerk shall file the Declaration of Nancy C. Pinckney, Chief Human Resources Officer (dated 2/24/2023) that accompanied Mr. Hart's letter. Signed by Judge Michael R. Barrett on 2/28/2023. (kkz)
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Minute Entry and NOTATION ORDER for proceedings held before Judge Michael R. Barrett: Ex parte Discovery Conference held on 2/13/2023; Collin Hart appeared for Defendants; the Court has completed its in camera inspection of Defendant Greg D. Carmichael's personnel file; the Court ORDERS Defendants to produce to Plaintiff the following documents (by 5:00 p.m. ET) on or before 2/21/2023: Bates 214431, 214444, 214455, 214456, 214469, 214484, 214485, 214496, 214512, 214515, and 214518 (redacted as discussed); the Court additionally ORDERS Defendants to file a declaration (pursuant to 28 U.S.C. 1746) from Nancy C. Pinckney, Executive Vice President and Chief Human Resources Officer, in which she verifies that the personnel file submitted for in camera inspection is, in fact, the entire file for the period defined (excluding any "highly personal information" as defined in Lawroski v. Nationwide Mut. Ins. Co., No. 2:11-cv-1074, 2012 WL 6568230, at *5 (S.D. Ohio Dec. 17, 2012)). Signed by Judge Michael R. Barrett on 2/17/2023. (kkz)
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| Filing 30 Transcript of Proceedings, Discovery Conference held on January 18, 2023, before Judge Michael R. Barrett. Court Reporter: Maryann T. Maffia, Telephone number 513-564-7677. 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 2/21/2023. Redacted Transcript Deadline set for 3/2/2023. Release of Transcript Restriction set for 5/1/2023. (Maffia, Maryann) |
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Minute Entry and NOTATION ORDER for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 1/18/2023; Peter Saba, Joshua Smith, and John McHugh appeared for Plaintiff; Michael Cioffi, Thomas Stewart, and Collin Hart appeared for Defendants; Court provided direction to resolve several disputes, to include production of text messages (and creation of a privilege log) by Defendants, clarification that Plaintiff may take more than five depositions, and the need for Plaintiff to formally request (pursuant to Fed. R. Civ. P. 26) from Defendants production of Board of Directors meeting minutes for the period 2015-2018; Defendants to produce Defendant Carmichael's personnel file for in camera inspection and deliver to Chambers (Room 239) no later than 5:00 p.m. on 1/27/2023; counsel to confer regarding "talent decks" shown to Board members during the annual December meeting in anticipation of an in camera inspection; calendar deadlines remain stayed; Discovery Conference previously set for 1/31/2023 is vacated. Signed by Judge Michael R. Barrett on 1/20/2023. (Court Reporter: Maryann Maffia (official)). (Court Reporter: Maryann Maffia) (kkz)
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| NOTICE of Hearing: Please be aware that a Discovery Conference is set for 1/18/2023 at 1:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. (kkz) |
| Filing 29 NOTICE of Substitution of Counsel - Collin David Hart substituting for David J. Oberly as to Defendants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association. (Hart, Collin) |
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Minute Entry and NOTATION ORDER for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 12/5/2022; Peter Saba and Joshua Smith appeared for Plaintiff; Collin Hart and Thomas Stewart appeared for Defendants; past discovery issues regarding production of Human Capital and Compensation (HCC) Committee materials and Board of Directors meeting minutes are resolved; ongoing discovery issue regarding text messages discussed; discovery (fact) deadline of 12/31/2022 is vacated; a follow-up Discovery Conference is set for 1/31/2023 at 12:30 PM by Teleconference before Judge Michael R. Barrett, at which time a new discovery (fact) deadline will be established. NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. Signed by Judge Michael R. Barrett on 12/5/2022. (kkz)
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| NOTICE of Hearing: Please be aware that a Discovery Conference is set for 12/5/2022 at 12:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. (kkz) |
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Minute Entry and NOTATION ORDER for proceedings held before Judge Michael R. Barrett: Ex parte Discovery Conference held on 11/10/2022; Michael Cioffi, Collin Hart, and Drew Cunningham appeared for Defendants; the Court has completed its in camera inspection of the Human Capital and Compensation (HCC) Committee materials (and accompanying privilege log) produced by Defendants; over Defendants' objections as to relevance, the Court ORDERS the following documents produced (by 5:00 p.m. ET) on or before 11/17/2022: Bates 2835, 2840, 2833, 2831, 4171, 4175-4177, 4530, 3316, 3669, 3672, 3673, 3674, 3675, 3676, 3677, 3678, 4084, 4314, 4315, 4321, 3203-3207, 4465-4468, 2500-2538, 4993-4996, 1812-1817, 1820-1823, 2575-2579, 4381-4387, 4463, 4873-4884, 5005; defense counsel represents that the relevant HCC Committee and Board of Trustees meeting minutes have already been produced to Plaintiff. Signed by Judge Michael R. Barrett on 11/10/2022. (kkz)
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NOTATION ORDER: The Court has reviewed the letter submissions (sent to barrett_chambers@ohsd.uscourts.gov) by Plaintiff and Defendants regarding the location of the upcoming depositions of Michael B. McCallister and Gary R. Heminger, both current members of Fifth Third Bancorp's Board of Directors. Mr. McCallister is the Chair of the Human Capital and Compensation (HCC) Committee; Mr. Heminger is a member of said committee. Weighing the factors of cost, convenience and litigation efficiency, see MEMC Elec. Materials v. Balakrishnan, No. 2:12-CV-344, 2012 WL 1606053, at *24 (S.D. Ohio May 8, 2012), the Court determines that the depositions should take place at Fifth Third Bancorp's principal place of business: Cincinnati, Ohio. IT IS SO ORDERED. Signed by Judge Michael R. Barrett on 10/20/2022. (kkz)
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| Filing 28 REPLY to Response to Motion re #26 MOTION for Leave to File Sur-Reply filed by Defendants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association. (Cioffi, Michael) |
| Filing 27 RESPONSE in Opposition re #26 MOTION for Leave to File Sur-Reply filed by Plaintiff Philip R. McHugh. (Saba, Peter) |
| Filing 26 MOTION for Leave to File Sur-Reply by Defendants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association. (Attachments: #1 Exhibit Defendant's Sur-Reply to Plaintiff's Reply in Support of Motion to Compel) (Cioffi, Michael) |
| Filing 25 REPLY to Response to Motion re #20 MOTION to Compel Production of Plaintiff's Microsoft Outlook Calendar filed by Plaintiff Philip R. McHugh. (Saba, Peter) |
| NOTICE TERMINATING DEADLINES/HEARINGS - the Final Pretrial Conference set for 8/25/2022 is vacated. (kkz) |
| Filing 24 NOTICE by Defendants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association re #22 Response in Opposition to Motion, Refiled per Clerk's Direction (Attachments: #1 Exhibit A - Declaration of Aaron Crews, #2 Exhibit B - Declaration of Michael Cioffi) (Cioffi, Michael) |
| Filing 23 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #22 Response in Opposition to Motion, filed by Fifth Third Bancorp, Gregory D. Carmichael, Fifth Third Bank, National Association., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #22 Response in Opposition to Motion, filed by Fifth Third Bancorp, Gregory D. Carmichael, Fifth Third Bank, National Association. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 7/19/2022. (bjc) |
| Filing 22 RESPONSE in Opposition re #20 MOTION to Compel Production of Plaintiff's Microsoft Outlook Calendar filed by Defendants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association. (Attachments: #1 Exhibit A - Declaration of Aaron Crews, #2 Exhibit B - Declaration of Michael Cioffi) (Cioffi, Michael) |
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NOTATION ORDER granting #21 Defendants' Motion for a Brief Extension of Time to File an Opposition to Plaintiff's #20 Motion to Compel. Defendants' memorandum in opposition now due on or before 7/15/2022. Signed by Judge Michael R. Barrett on 7/5/2022. (kkz)
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| Filing 21 MOTION for Extension of Time New date requested 7/15/2022. to Respond to Motion to Compel by Defendants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association. (Cioffi, Michael) |
| Filing 20 MOTION to Compel Production of Plaintiff's Microsoft Outlook Calendar by Plaintiff Philip R. McHugh. (Attachments: #1 Declaration of Joshua M. Smith, Esq., #2 Declaration of Micah Wissman) (Saba, Peter) |
| Filing 19 Transcript of Proceedings, Discovery Conference held on May 19, 2022, before Judge Michael R. Barrett. Court Reporter: Maryann T. Maffia, Telephone number 513-564-7677. 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 6/10/2022. Redacted Transcript Deadline set for 6/21/2022. Release of Transcript Restriction set for 8/18/2022. (Maffia, Maryann) |
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Minute Entry and NOTATION ORDER for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 5/19/2022; John McHugh, Peter Saba, and Joshua Smith appeared for Plaintiff; Michael Cioffi, Thomas Stewart, and Collin Hart appeared for Defendants; ongoing and new discovery issues discussed; the Court continues to reserve ruling on production of Defendant Carmichael's personnel file; Defendants to produce Human Capital & Compensation Committee materials for in camera inspection, along with a privilege log, and deliver to Chambers (Room 239) no later than 5:00 p.m. on 5/24/2022; Plaintiff granted leave to file a motion to compel (including a request for an award of fees and expenses incurred) regarding Defendants' failure to produce his Microsoft Outlook calendar in its native format as a.pst file in the event the parties cannot resolve this issue; parties to meet and confer to narrow the word search for text and calendar entries; Plaintiff to allow Defendants' expert (Dr. Erich Speckin) four additional hours to complete his non-destructive testing and examination of Plaintiff's original handwritten notes (Exhibit 23 of Plaintiff's deposition), with the testing and examination to take place at the Stagnaro, Saba & Patterson law office (on either 5/24/2022 or 5/25/2022) with Plaintiff's expert (if desired) in attendance; the Calendar Order is AMENDED such that disclosure of non-expert (fact) witnesses is due by 8/1/2022, discovery (fact) is to be completed by 12/31/2022, Plaintiff's disclosure and report of expert(s) due three weeks later, Defendants' disclosure and report of expert(s) due three weeks after Plaintiff's disclosure, and discovery (expert) is to be completed by 3/1/2023; the schedule for any rebuttal experts is to be agreed upon by the parties or set in consultation with the Court; a dispositive motion deadline will be set at a later time; without objection from the parties, the Court will conduct ex parte settlement negotiations at its convenience. Signed by Judge Michael R. Barrett on 5/19/2022. (Court Reporter: Maryann Maffia (official)). (kkz)
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| NOTICE of Hearing: Please be aware that a Discovery Conference is set for 5/19/2022 at 10:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. (kkz) |
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NOTATION ORDER vacating the Settlement Conference set for 5/3/2022 at 10:00 AM as per the original #14 Calendar Order dated 5/17/2021. The parties are reminded of their obligation to craft a proposed amended calendar order for the Court's consideration as discussed during the Discovery Conference held (by teleconference) on 3/31/2022. (See 4/1/2022 Minute Entry). Signed by Judge Michael R. Barrett on 4/25/2022. (kkz)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 3/31/2022; Peter Saba and Joshua Smith appeared for plaintiff; Michael Cioffi, Thomas Stewart, and Collin Hart appeared for defendants; Court provided direction to resolve several discovery issues and reserved ruling on others; parties instructed to incorporate Court's advice in crafting a proposed amended calendar order. (kkz) |
| NOTICE of Hearing: Please be aware that a Discovery Conference is set for 3/31/2022 at 12:00 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. (kkz) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/28/2021; Joshua Smith, Peter Saba and John McHugh appeared for plaintiff; Michael Cioffi and Thomas Stewart appeared for defendants; parties submitted documentation regarding discovery disputes; Court to review and follow up with parties as needed or issue an Order. (kkz) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 10/13/2021; Peter Saba and Joshua Smith appeared for plaintiff; counsel for defendant did not appear; plaintiff's counsel suggested a follow up conference while the parties continue to work on discovery; a Follow-Up Status Conference set for 10/28/2021 at 10:00 AM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. (kkz) |
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Filing 18
ORDER granting #17 Plaintiff's Motion to Amend Calendar; Plaintiff Primary Expert due by 11/15/2021; Defendant Primary Expert due by 12/15/2021; Rebuttal Expert due by 1/18/2022. Signed by Judge Michael R. Barrett on 10/01/2021. (kkz)
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| Filing 17 Unopposed MOTION to Amend/Correct Calendar Order by Plaintiff Philip R. McHugh. (Attachments: #1 Text of Proposed Order) (Smith, Joshua) |
| NOTICE of Hearing: Please be aware that a Discovery Conference is set for 7/6/2021 at 04:00 PM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. (ba) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Discovery Conference held on 7/6/2021; John McHugh, Peter Saba and Joshua Smith appeared for plaintiff; Michael Cioffi and Tom Stewart appeared for defendants; the parties agree to exchange documents by 7/30/21 and agree to plaintiff's deposition 8/30/21 and 8/31/21; case to proceed otherwise. (ba) |
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Filing 16
STIPULATED PROTECTIVE ORDER. Signed by Judge Michael R. Barrett on 6/21/21. (ba)
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| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 6/17/2021; Joshua Smith, Peter Saba and John McHugh appeared for plaintiff; David Oberly and Thomas Stewart appeared for defendants; case to proceed as scheduled; defendants are permitted to submit in camera questions related to discovery as discussed and can be emailed to barrett_chambers@ohsd.uscourts.gov; a follow up Status Conference is set for 10/13/2021 at 11:30 AM by teleconference before Judge Michael R. Barrett; NOTE: parties shall refer to the entry on 5/17/2021 for conferencing instructions. (ba) |
| Filing 15 STATUS REPORT by Counter Claimants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association, Defendants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association. (Cioffi, Michael) |
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Filing 14
CALENDAR ORDER: Motions to Amend due by 7/16/2021. Motions directed to pleadings due by 8/3/2021. Status Conference set for 6/17/2021 at 11:30 AM by teleconference before Judge Michael R. Barrett. Plaintiff Primary Expert due by 10/1/2021. Defendant Primary Expert due by 11/1/2021. Disclosure of Non-Expert (Fact) Witness due by 12/31/2021. Rebuttal Expert due by 12/1/2021. Discovery due by 2/15/2022. Dispositive motions due by 3/15/2022. Settlement Conference set for 5/3/2022 at 10:00 AM in Chambers before Judge Michael R. Barrett. Final Pretrial Conference set for 8/25/2022 at 11:00 AM in Chambers before Judge Michael R. Barrett. Jury trial 10/2022. Signed by Judge Michael R. Barrett on 5/17/21. (ba)
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| Filing 13 RULE 26(f) REPORT Joint Discovery Plan by Defendant Fifth Third Bancorp. (Cioffi, Michael) |
| Filing 12 ANSWER to #10 Answer to Amended Complaint,, Counterclaim, filed by Philip R. McHugh. (McHugh, John) |
| Notice of Correction re:[FORMER DOC.11] : Document restricted by Clerk for filing error. Attorney's office has been contacted and will refile. (kl) |
| NOTICE of Deadline: Rule 26(f) Report due by 4/30/2021. Please be aware that the Court has revised its Rule 26(f) report and joint final pretrial order forms as well as its trial procedures; visit www.ohsd.uscourts.gov/FPbarrett to obtain copies of those required forms; (ba) |
| Filing 10 ANSWER to #9 Amended Complaint, COUNTERCLAIM against Philip R. McHugh, originally filed in Hamilton County Court of Common Pleas (Case No. A2003792) on 3/31/2021, by Fifth Third Bank, National Association, Fifth Third Bancorp, Gregory D. Carmichael. (kh) |
| Filing 9 AMENDED COMPLAINT against Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association, originally filed in Hamilton County Court of Common Pleas (Case No. A2003792) on 3/17/2021, by Philip R. McHugh. (kh) |
| Filing 8 REPLY In Support of #6 MOTION for Protective Order MOTION to Quash originally filed in Hamilton County Court of Common Pleas (Case No. A2003792) on 1/4/2021 by Plaintiff Philip R. McHugh. (kh) |
| Filing 7 RESPONSE in Opposition re #6 MOTION for Protective Order MOTION to Quash originally filed in Hamilton County Court of Common Pleas (Case No. A2003792) on 12/28/2020 by Defendants/Counter Claimants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association. (kh) |
| Filing 6 MOTION for Protective Order, MOTION to Quash originally filed in Hamilton County Court of Common Pleas (Case No. A2003792) on 12/16/2020 by Plaintiff Philip R. McHugh. (kh) |
| Filing 5 ANSWER re #4 Counterclaim, originally filed in Hamilton County Court of Common Pleas (Case No. A2003792) on 11/20/2020 by Counter Defendant Philip R. McHugh. (kh) Modified to clarify docket text on 4/9/2021 (jlw). |
| Filing 4 ANSWER to #3 Complaint, COUNTERCLAIM against Philip R. McHugh originally filed in Hamilton County Court of Common Pleas (Case No. A2003792) on 10/30/2020 by Gregory D. Carmichael, Fifth Third Bank, National Association, Fifth Third Bancorp. (kh) (Main Document 4 replaced on 4/9/2021) (jlw). |
| Filing 3 COMPLAINT with JURY DEMAND against Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association, originally filed in Hamilton County Court of Common Pleas (Case No. A2003792) on 10/28/2020 by Philip R. McHugh. (kh) |
| Filing 2 NOTICE of Appearance by Thomas H Stewart for Defendants Gregory D. Carmichael, Fifth Third Bancorp, Fifth Third Bank, National Association (Stewart, Thomas) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kh) |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas, Hamilton County, Ohio, case number A 2003792 ( Filing fee $ 402 paid - receipt number: AOHSDC-8255319), filed by Gregory D. Carmichael, Fifth Third Bank, National Association, Fifth Third Bancorp. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Exhibit HH, #36 Exhibit II, #37 Exhibit JJ, #38 Exhibit KK, #39 Exhibit LL, #40 Exhibit MM, #41 Exhibit NN, #42 Exhibit OO, #43 Exhibit PP, #44 Exhibit QQ, #45 Exhibit RR, #46 Exhibit SS, #47 Exhibit TT, #48 Exhibit UU) (Cioffi, Michael) |
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