Bureau of Consumer Financial Protection v. Fifth Third Bank, N.A.
| Bureau of Consumer Financial Protection |
| Fifth Third Bank N.A. |
| Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds |
| 1:2021cv00262 |
| April 14, 2021 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Douglas R Cole |
| Banks and Banking |
| 15 U.S.C. § 1601 Truth in Lending |
| None |
Docket Report
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This docket was last retrieved on October 18, 2023. A more recent docket listing may be available from PACER.
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Filing 147
ORDER granting #146 Parties' Joint Motion to Partially Seal the September 26, 2023, Opinion and Order. Signed by Judge Douglas R. Cole on 10/18/23. (sct)
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| Filing 146 Joint MOTION to File Document Under Seal (Joint Motion) to Partially Seal the September 26, 2023 Opinion and Order by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit Proposed redactions to Opinion and Order, #2 Text of Proposed Order Proposed Order granting Joint Motion) (Witek, Laurie) |
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Filing 145
OPINION AND ORDER holding in abeyance in part, granting in part, and denying in part #129 Fifth Third's Motion for Judgment on the Pleadings. The Court holds in abeyance its decision on the issue whether the CFPB's funding mechanism violates the Appropriations Clause of the United States Constitution. Fifth Third shall submit notice to the Court once it believes this issue is ripe for a decision. The Court grants Fifth Third's Motion to the extent it argues that the CFPB cannot pursue Consumer Financial Protection Act unfair and abusive practices violations occurring prior to 7/21/11. On all other grounds, though, the Court denies Fifth Third's Motion. Separately, because this Opinion references documents that the parties filed under seal, the Court orders that this Opinion shall be temporarily sealed on the Court's docket. The Court orders that, on or before 10/6/23, the parties shall each file a brief on the sealed docket explaining which portions of this Opinion, if any, warrant a permanent seal under the standards set forth in Shane Group and its progeny. Signed by Judge Douglas R. Cole on 9/26/23. (sct)
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| Filing 144 Redacted Transcript of Proceedings re #141 (mal). Modified to correct docket text on 7/6/2023 (md). |
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NOTATION ORDER granting in part and denying in part #143 Parties' Joint MOTION for Redactions and for Leave to File Unredacted Transcript Under Seal. The Court grants the motion for redaction of #141 Transcript. The parties shall submit their proposed redactions to the Court Reporter so a Redacted Transcript can be prepared and filed. The Court denies without prejudice to refiling the motion to file unredacted transcript under seal. The parties have not yet sufficiently analyzed whether sealing the transcript is warranted under the test the Sixth Circuit established in Shane Group and its progeny. SO ORDERED. Signed by Judge Douglas R. Cole on 6/30/23. (sct)
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| Filing 143 Joint MOTION to Redact #141 Transcript,,,, , Joint MOTION to Seal Document by Plaintiff Bureau of Consumer Financial Protection. (Attachments: #1 Text of Proposed Order) (Hartmann, Leanne) |
| Filing 142 NOTICE by Plaintiff Bureau of Consumer Financial Protection Notice of Intent to Request Redaction of Transcript (Hartmann, Leanne) |
| Filing 141 Transcript of Proceedings, In-Person Status Conference, held on May 18, 2023, 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 Reporte 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 6/16/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 8/24/2023. (mal) |
| Filing 140 [FILED IN ERROR - SEE DOC #141 FOR CORRECTED ENTRY] Transcript of Proceedings, In-Person Status Conference, held on May 18, 2023, 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 6/16/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 8/24/2023. (mal) Modified Text on 5/26/2023 (zmc). |
| Minute Entry for proceedings held before Judge Douglas R. Cole: In-Person Status Conference held on 5/18/23. Leanne Hartmann, Jacob Schunk, Stephanie Garlock, William Hinton, Glenn Melcher, and Lane Powell (by telephone) appeared for Plaintiff; Ryan Scarborough, Laurie Witek, Enu Mainigi, Matthew Lachman, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant. The Court heard arguments of counsel regarding sampling and expert reports and testimony of Dr. Amanda Kurzendoerfer and Vance Price. The Court directed that discovery may proceed with respect to a subset of the candidate consumer unauthorized accounts identified by Plaintiffs expert Dr. Kurzendoerfer. The Court further directed the parties to meet and confer to discuss the methods for how to proceed with contacting customers and former employees. (sct) |
| NOTICE: The Telephone Status Conference set for 5/2/23 at 10:00 AM is converted to an In-Person Status Conference and is reset for 5/18/23 at 10:00 AM in Chambers before Judge Douglas R. Cole. (sct) |
| Filing 139 Response #138 to Bureau of Consumer Protection's Notice of Supplemental Authority by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) Modified Docket Text to Add Link on 3/30/2023 (bjc). |
| Filing 138 NOTICE by Plaintiff Bureau of Consumer Financial Protection re #134 Response in Opposition to Motion, Notice of Supplemental Authority (Attachments: #1 Second Circuit Opinion) (Garlock, Stephanie) |
| Judge Michael R. Barrett no longer assigned to case. (kkz) |
| Filing 137 REPLY to Response to Motion re #129 MOTION for Judgment on the Pleadings (REDACTED) filed by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) |
| Filing 134 RESPONSE in Opposition re #129 MOTION for Judgment on the Pleadings (Redacted) filed by Plaintiff Bureau of Consumer Financial Protection. (Attachments: #1 Exhibit CFPB v. Ocwen, U.S. Dist. LEXIS 152336, #2 Exhibit Manigault v. Ohio Dep't of Rehab, 2014 U.S. Dist. LEXIS 132033) (Hartmann, Leanne) |
| Filing 133 NOTICE of Appearance by Stephanie Garlock for Plaintiff Bureau of Consumer Financial Protection (Garlock, Stephanie) |
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NOTATION ORDER: Defendant has notified the Court that it withdraws it's current 30(b)(6) deposition notice without prejudice to serving a new 30(b)(6) deposition notice if and when discovery resumes. Therefore, the Court denies as moot #93 Plaintiff's Motion for Protective Order. SO ORDERED. Signed by Judge Douglas R. Cole on 2/7/23. (sct)
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NOTATION ORDER granting #132 Parties' Joint MOTION to Modify Briefing Schedule. Plaintiff's Response in Opposition to #129 Defendant's MOTION for Judgment on the Pleadings due by 2/22/23 Defendant's Reply in Support due within 21 days of the filing of Plaintiff's Opposition. SO ORDERED. Signed by Judge Douglas R. Cole on 2/6/23. (sct)
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| Filing 132 Joint MOTION for Extension of Time to File Response/Reply as to #129 MOTION for Judgment on the Pleadings New date requested 2/22/2023. by Plaintiff Bureau of Consumer Financial Protection. (Attachments: #1 Text of Proposed Order) (Hartmann, Leanne) |
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NOTATION ORDER denying as moot #105 Defendant's Emergency Motion for Protective Order without prejudice to Defendant's right to pursue documents related to the customer survey and any responses thereto in discovery. SO ORDERED. Signed by Judge Douglas R. Cole on 1/26/23. (sct)
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NOTATION ORDER denying as moot #99 Defendant's Motion for Leave to File Supplementary Data without Argument. SO ORDERED. Signed by Judge Douglas R. Cole on 1/26/23. (sct)
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| Filing 130 Supplemental Memorandum Supporting #129 MOTION for Judgment on the Pleadings (REDACTED) by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) Modified docket text on 1/25/2023 (eh). |
| Filing 129 MOTION for Judgment on the Pleadings by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) |
| Filing 127 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket 124 Sealed Affidavit of Tyler D. Litchfield in Support of Second Amended Answer , 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 124 as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 1/18/2023. (bjr) |
| Filing 126 AFFIDAVIT of Ben Mendelsohn in Support of Second Amended Answer by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A) (Gumbiner, Krysta) |
| Filing 125 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #120 Affidavit filed by Fifth Third Bank N.A.., 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 #120 Affidavit filed by Fifth Third Bank N.A.. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 1/12/2023. (bjc) |
| Filing 121 AFFIDAVIT of Tyler D. Litchfield (redacted) by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A (redacted)) (Gumbiner, Krysta) |
| Filing 120 AFFIDAVIT of Ben Mendelsohn in Support of Second Amended Answer by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A) (Gumbiner, Krysta) |
| Filing 119 AMENDED ANSWER to REDACTED #73 Amended Complaint by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Gumbiner, Krysta) |
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Filing 118
ORDER granting #113 Fifth Third's Motion for Leave to File Second Amended Answer and ordering Fifth Third to do the same. The Court denies #86 Fifth Third's Motion for Judgment on the Pleadings as moot without prejudice and denies #89 CFPB's Motion for Partial Judgment on the Pleadings as moot without prejudice. The parties should update their Motions and refile them, if they wish, considering Fifth Third's Second Amended Answer. All other Motions remain pending before the Court. Signed by Judge Douglas R. Cole on 1/4/23. (sct)
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| Filing 117 NOTICE of Appearance by William Hinton for Plaintiff Bureau of Consumer Financial Protection (Hinton, William) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 12/13/22. Lane Powell, Jacob Schunk, and Leanne Hartmann appeared for Plaintiff; Ryan Scarborough, Laurie Witek, Enu Mainigi, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant. The status of the sample reviews by the parties were discussed. The parties advised the Court that the analysis by their respective experts are coming out very differently. The Court advised the parties to meet and confer, to exchange written reports about their respective analyses, and to depose the experts if necessary, to come to a shared understanding of the discrepancies. Follow up Telephone Status Conference set for 3/1/23 at 2:00 p.m. (sct) |
| Filing 116 REPLY to Response to Motion re #113 MOTION for Leave to File Second Amended Answer filed by Defendant Fifth Third Bank N.A.. (Witek, Laurie) |
| Filing 115 RESPONSE in Opposition re #113 MOTION for Leave to File Second Amended Answer filed by Plaintiff Bureau of Consumer Financial Protection. (Hartmann, Leanne) |
| Filing 114 BRIEF by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Gumbiner, Krysta) |
| Filing 113 MOTION for Leave to File Second Amended Answer by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 10/21/22. Lane Powell, Jacob Schunk, and Leanne Hartmann appeared for Plaintiff; Ryan Scarborough, Laurie Witek, Enu Mainigi, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant. The parties advised the Court that settlement is at an impasse and that the Court can decide the pending motions. Telephone Status Conference set for 12/13/22 at 1:00 p.m. (sct) |
| NOTICE: Telephone Status Conference reset for 10/21/22 at 12:00 PM before Judge Douglas R. Cole. TIME CHANGE ONLY. (sct) |
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NOTATION ORDER granting #111 Attorney Meghan Sherman Cater's Motion to Withdraw and #112 Attorney Barry Barry Reiferson' Motion to Withdraw. Attorneys Meghan Sherman Cater and Barry Reiferson are withdrawn as counsel for Plaintiff. SO ORDERED. Signed by Judge Douglas R. Cole on 9/16/22. (sct)
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| Filing 112 MOTION to Withdraw as Attorney (Barry Reiferson) by Plaintiff Bureau of Consumer Financial Protection. (Reiferson, Barry) |
| Filing 111 MOTION to Withdraw as Attorney (Meghan Sherman Cater) by Plaintiff Bureau of Consumer Financial Protection. (Reiferson, Barry) |
| Filing 110 NOTICE of Change of Address by Laurie Alanna Witek (Witek, Laurie) |
| Filing 109 REPLY to Response to Motion re #105 Emergency MOTION for Protective Order , #106 MOTION for Protective Order Memorandum in Support filed by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit Declaration of Michael A. Kamins) (Gumbiner, Krysta) |
| Filing 108 RESPONSE in Opposition re #105 Emergency MOTION for Protective Order filed by Plaintiff Bureau of Consumer Financial Protection. (Attachments: #1 Declaration in Support of Opposition to Motion for Protective Order, with exhibits) (Reiferson, Barry) |
| Filing 107 Transcript of Proceedings, Telephone Status Conference, held on March 25, 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 4/22/2022. Redacted Transcript Deadline set for 5/2/2022. Release of Transcript Restriction set for 6/30/2022. (mal) (Main Document 107 replaced on 4/1/2022) (sct). |
| Filing 106 MOTION for Protective Order Memorandum in Support by Defendant Fifth Third Bank N.A.. (Attachments: #1 Affidavit Declaration of Christopher Tyo) (Witek, Laurie) |
| Filing 105 Emergency MOTION for Protective Order by Defendant Fifth Third Bank N.A.. (Witek, Laurie) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 3/25/22. Barry Reiferson, Jacob Schunk, and Megan Sherman Cater appeared for Plaintiff; Ryan Scarborough, Laurie Witek, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant. Defendant's emergency motion for protective order discussed. Plaintiff agreed to have the link to the survey broken until after ruling on the motion. Plaintiff shall promptly file response to the motion. (Court Reporter: Sue Lopreato-Official). (sct) |
| Minute entry for proceedings held before Judge Michael R. Barrett: Settlement Conference held on 2/12/2022; the matter is continued in progress; the Court will follow up with the parties shortly. (kkz) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference held on 1/31/2022; Leanne Hartmann and Barry Reiferson appeared for plaintiff; Ryan Scarborough, John Villa and Laurie Witek appeared for defendant; settlement conference format discussed; Settlement Conference is set for 2/12/2022 at 9:00 AM before Judge Michael R. Barrett; Court to contact parties for ex parte discussions prior to settlement conference. (kkz) |
| NOTICE of Hearing: Please be aware that a Status Conference is set for 1/31/2022 at 4:30 PM by Teleconference before Judge Michael R. Barrett. NOTE: parties shall refer to the entry on 1/6/2022 for conferencing instructions. (kkz) |
| Minute Entry for proceedings held before Judge Michael R. Barrett: Status Conference regarding settlement conference held on 1/12/2022; Barry Reiferson, Lane Powell, Megan Sherman Cater, and Leanna Hartmann appeared for Plaintiff; John Villa, Ryan Scarborough, and Enu Mainigi appeared for defendant; parties both indicate that they are prepared for go forward with mediation; Court directs parties to submit ex parte position statements to the Court due 1/21/22; statements shall be submitted by email to barrett_chambers@ohsd.uscourts.gov; parties agree to limit their statements to 15 pages; Court to review statements and follow up with parties. (kkz) |
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Filing 104
ORDER referring case to Judge Michael R. Barrett for settlement purposes only. Signed by Judge Douglas R. Cole on 12/22/21. (sct)
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| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 12/13/21. Barry Reiferson, Lane Powell, and Megan Sherman Cater appeared for Plaintiff along with experts Dr. Amanda Kurzendoerfer and Katelyn Roache; John Villa, Ryan Scarborough, Laurie Witek, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant along with experts Greg Elmore and Dr. Charles Cowan. The parties agreed to the 3,875 sample size. The Court directed the parties to utilize the 4.7 million account target population that Plaintiff identified, and noted that Defendant is free to increase the sample size if Defendant concludes that a larger number is appropriate. The parties notified that Court that they wish to mediate with a judicial officer of the Court. (sct) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 11/17/21. Barry Reiferson, Lane Powell, and Megan Sherman Cater appeared for Plaintiff along with expert Dr. Amanda Kurzendoerfer; John Villa, Ryan Scarborough, Laurie Witek, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant along with experts Maher Kaddoura, Chad Jager, and Dr. Charles Cowan. Defendant requested a continuance to review and respond to Plaintiff's submissions regarding sampling. The Court granted the continuance and urged the parties to work together in good faith in an attempt to identify a mutually acceptable sampling methodology. Follow-up telephone status conference set for 12/13/21 at 11:30 a.m. The parties shall provide any materials they intend to use at the status conference to opposing counsel and the Court by no later than 12/9/21 at 5:00 p.m. (sct) |
| Filing 103 RULE 26(f) REPORT Joint Pre-Conference Submission by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) |
| Filing 102 Transcript of Proceedings, Telephone Status Conference, held on October 18, 2021, 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 11/22/2021. Redacted Transcript Deadline set for 12/2/2021. Release of Transcript Restriction set for 1/31/2022. (mal) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 10/18/21. Barry Reiferson, Lane Powell, and Mary Olson appeared for Plaintiff along with experts Dr. Amanda Kurzendoerfer and Matt Pitz; Ryan Scarborough, Laurie Witek, John Villa, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant along with experts Greg Elmore, Maher Kaddoura, Chad Jager, and Dr. Charles Cowan. The parties discussed the issues of simultaneous versus staggered exchange of expert reports and determining the data sampling process between now and then. The parties agreed to work together to develop the pilot sample of accounts and to determine proposed deadlines which includes a staggered approach regarding expert reports. Follow-up telephone status conference set for 11/17/21 at 2:00 p.m. The parties shall submit an updated joint report to the Court no later than 11/12/21. (Court Reporter: Sue Lopreato-Official). (sct) Modified docket text on 10/18/2021 (sct). |
| Filing 101 RESPONSE in Opposition re #99 MOTION for Leave to File Supplementary Data Without Argument filed by Plaintiff Bureau of Consumer Financial Protection. (Reiferson, Barry) |
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NOTATION ORDER granting #100 Parties' Joint Motion to Postpone Status Conference. Telephone Status Conference reset for 10/18/21 at 11:00 a.m. The parties shall submit an updated joint report to the Court no later than 3 days prior to the conference. SO ORDERED. Signed by Judge Douglas R. Cole on 9/24/21. (sct)
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| Filing 100 Joint MOTION for Extension of Time New date requested 10/18/2021. (Joint Motion to Postpone Status Conference) by Plaintiff Bureau of Consumer Financial Protection. (Reiferson, Barry) |
| Filing 99 MOTION for Leave to File Supplementary Data Without Argument by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A - EY Chart) (Gumbiner, Krysta) |
| Filing 98 REPLY to Response to Motion re #89 MOTION for Judgment on the Pleadings (Motion for Partial Judgment on the Pleadings) filed by Plaintiff Bureau of Consumer Financial Protection. (Reiferson, Barry) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 9/10/21. Barry Reiferson appeared for Plaintiff; John Villa appeared for Defendant. Plaintiff's desire to record the upcoming meetings of the experts was discussed. After discussion with the Court, the Court directed that no party should record the meetings. (sct) |
| Filing 97 RESPONSE in Opposition re #89 MOTION for Judgment on the Pleadings (Motion for Partial Judgment on the Pleadings) filed by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A) (Witek, Laurie) |
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NOTATION ORDER granting #96 Yifan Wang's Motion to Withdraw as Attorney for Defendant. SO ORDERED. Signed by Judge Douglas R. Cole on 9/3/21. (sct)
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| Filing 96 MOTION to Withdraw as Attorney Yifan Wang by Defendant Fifth Third Bank N.A.. (Attachments: #1 Text of Proposed Order) (Gumbiner, Krysta) |
| Filing 95 Joint MOTION to Stay Briefing Schedule by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) |
| Filing 94 NOTICE of Appearance by Jacob Schunk for Plaintiff Bureau of Consumer Financial Protection (Schunk, Jacob) |
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NOTATION ORDER granting #95 Parties' Joint Motion to Stay Briefing Schedule. Briefing on #93 Plaintiff's Motion for Protective Order shall be stayed until after the Court's stay of discovery is lifted. SO ORDERED. Signed by Judge Douglas R. Cole on 9/1/21. (sct)
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| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 8/27/21. Barry Rieferson, Lane Powell, and Mary Olson appeared for Plaintiff; Ryan Scarborough, Laurie Witek, John Villa, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant along with client reps Greg Elmore and Eric Derk. The parties discussed possible ways to streamline discovery through data sampling techniques. The parties agreed to arrange a meeting of their respective experts to see whether they could identify an agreed upon approach to these issues. Follow-up telephone status conference set for 9/27/21 at 2:00 p.m. The parties shall submit an updated joint report to the Court no later than 3 days prior to the conference. Other discovery is stayed in the interim. (sct) |
| Filing 93 MOTION for Protective Order Disallowing Rule 30(b)(6) Deposition by Plaintiff Bureau of Consumer Financial Protection. (Attachments: #1 Plaintiff Bureau of Consumer Financial Protection's Memorandum in Support of its Motion for a Protective Order, #2 Exhibit 1, Declaration of Attorney Barry E. Reiferson in Support of Plaintiff Bureau of Consumer Financial Protection's Motion for Protective Order, #3 Exhibit 2, Notice of Deposition, #4 Exhibit 3, Letter to Counsel, in compliance with Standing Order re discovery motions, #5 Exhibit 4, Email From Counsel, #6 Appendix (unreported case, CFPB v. D and D Marketing), #7 Appendix (unreported case, Hobart Corp. v. Dayton Power & Light), #8 Appendix (unreported case, SEC v. Small Bus. Capital Corp.), #9 Appendix (unreported case, Trevino v. Jones)) (Reiferson, Barry) |
| Filing 92 RULE 26(f) REPORT by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 8/19/21. Barry Rieferson, Lane Powell, and Meghan Sherman Cater appeared for Plaintiff; Ryan Scarborough, Laurie Witek, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant. Issues related to 30(b)(6) deposition and setting a schedule for the case discussed. Plaintiff to file a motion for protective order by 8/25/21; Defendant to file a response in opposition to the motion by 9/1/21; Plaintiff to file a reply in support of the motion by 9/7/21. Preliminary Pretrial Conference by telephone set for 8/27/21 at 1:00 p.m. Parties to file Joint Discovery Plan on or before 8/25/21. (sct) |
| Filing 91 REPLY to Response to Motion re #86 MOTION for Judgment on the Pleadings (Redacted) filed by Defendant Fifth Third Bank N.A.. (Gumbiner, Krysta) |
| Notice of Correction re [FORMER DOC 90]: Document filed in error; counsel will refile using redacted document. (kh) |
| Filing 89 MOTION for Judgment on the Pleadings (Motion for Partial Judgment on the Pleadings) by Plaintiff Bureau of Consumer Financial Protection. (Attachments: #1 Plaintiff Bureau of Consumer Financial Protection's Memorandum in Support of its Motion for Partial Judgment on the Pleadings) (Reiferson, Barry) |
| Filing 88 RESPONSE in Opposition re #86 MOTION for Judgment on the Pleadings (Redacted), 85 Sealed MOTION re #77 Order on Motion to File Document Under Seal Motion for Judgment on the Pleadings filed filed by Plaintiff Bureau of Consumer Financial Protection. (Attachments: #1 Appendix (unreported case, Manigault v. Ohio Dept. of Rehab. and Corr.), #2 Appendix (unreported case, CFPB v. Ocwen Fin. Corp.)) (Reiferson, Barry) |
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NOTATION ORDER granting #87 Motion for Leave to Appear Pro Hac Vice of Krysta K. Gumbiner as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Douglas R. Cole on 7/28/2021. (eh)
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| Filing 87 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8420396) of Krysta K. Gumbiner by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A--Certificate of Good Standing) (Witek, Laurie) |
| Filing 86 MOTION for Judgment on the Pleadings (Redacted) by Defendant Fifth Third Bank N.A.. (Attachments: #1 Fifth Third Bank's Memorandum In Support of Motion for Judgment on the Pleadings (Redacted)) (Fleurmont, Jean) |
| Filing 84 AFFIDAVIT of Ben Mendelsohn in Support of Amended Answer (Redacted) by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A) (Fleurmont, Jean) |
| Filing 83 AFFIDAVIT of Tyler D. Litchfield in Support of Amended Answer (Redacted) by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A (Redacted)) (Fleurmont, Jean) |
| Filing 82 AMENDED ANSWER to #73 Amended Complaint (Redacted) by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Fleurmont, Jean) |
| Filing 80 NOTICE by Plaintiff Bureau of Consumer Financial Protection (Notice of Ratification) (Attachments: #1 Affidavit) (Reiferson, Barry) |
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Filing 77
ORDER granting #76 Fifth Third's Unopposed Motion for Leave To File Its Amended Answer Partially Under Seal. Signed by Judge Douglas R. Cole on 7/8/21. (sct)
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| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 7/8/21. Barry Rieferson, Lane Powell, and Meghan Sherman Cater appeared for Plaintiff; Ryan Scarborough, Laurie Witek, Chris Garvey (in-house counsel), and Aaron Stucky (in-house counsel) appeared for Defendant. Briefing schedules, written settlement demand, redaction of the amended answer, dispositive motions practice, ratification, and confidential designations were discussed. The Court advised the parties that an order on Defendant's motion to file its amended answer partially under seal will issue shortly. Plaintiff shall submit a written settlement demand to Defendant within 45 days after the new director is appointed. (sct) |
| Filing 76 MOTION to File Document Under Seal by Defendant Fifth Third Bank N.A.. (Witek, Laurie) |
| Filing 75 AFFIDAVIT In Support of ANSWER by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit A) (Fleurmont, Jean) |
| Filing 74 ANSWER to #73 Amended Complaint filed by Fifth Third Bank N.A.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9) (Fleurmont, Jean) |
| Filing 73 AMENDED COMPLAINT against Fifth Third Bank N.A., filed by Bureau of Consumer Financial Protection. (Reiferson, Barry) |
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NOTATION ORDER granting #72 Parties' Joint Motion to Establish Schedule for Plaintiff to File an Amended Complaint and Defendant to Answer, Move, or Otherwise Plead in Response to Plaintiffs Amended Complaint and denying as moot #71 Defendant's Motion for Leave to File its Answer Partially Under Seal. Plaintiff to file its Amended Complaint by 6/16/21. Defendant to answer, move, or otherwise plead to the Amended Complaint by 6/30/21. SO ORDERED. Signed by Judge Douglas R. Cole on 5/18/21. (sct)
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| Filing 72 Joint MOTION Establish Schedule for Plaintiff to File an Amended Complaint and Defendant to Answer, Move, or Otherwise Plead in Response to Plaintiffs Amended Complaint re #71 MOTION to File Document Under Seal Joint Motion to Establish Schedule for Plaintiff to File an Amended Complaint and Defendant to Answer, Move, or Otherwise Plead in Response to Plaintiffs Amended Complaint by Defendant Fifth Third Bank N.A.. (Attachments: #1 Text of Proposed Order) (Witek, Laurie) |
| Filing 71 MOTION for Leave to File Its Answer Partially Under Seal by Defendant Fifth Third Bank N.A.. (Witek, Laurie) Modified Event Type on 4/29/2021 (bjc). |
| Filing 70 NOTICE of Appearance by Katherine A. Rasmussen for Defendant Fifth Third Bank N.A. (Rasmussen, Katherine) |
| Filing 69 RELATED CASE MEMORANDUM ORDER: The Judges agree that the cases and case numbers 1:21-cv-262 and 1:21-cv-173 ARE related. Case reassigned to Judge Douglas R. Cole for all further proceedings. (kh) |
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NOTATION ORDER granting #61 Motion for Leave to Appear Pro Hac Vice of Ryan Thomas Scarborough; granting #62 Motion for Leave to Appear Pro Hac Vice of Yifan Wang; granting #63 Motion for Leave to Appear Pro Hac Vice of Enu A. Mainigi; granting #65 Motion for Leave to Appear Pro Hac Vice of Matthew W. Lachman; granting #66 Motion for Leave to Appear Pro Hac Vice of John K. Villa; granting #67 Motion for Leave to Appear Pro Hac Vice of Jean Ralph Fleurmont as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Douglas R. Cole on 4/22/2021. (eh)
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| Filing 68 RESPONSE to #64 Objection Regarding Notice of Related Case re Doc. #59 by Defendant Fifth Third Bank N.A. (Ferrara, Michael) Modified to create relationship to doc. 59 and edit text to reflect document caption on 4/22/2021 (kl). |
| Filing 67 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8276151) of Jean Ralph Fleurmont by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Ferrara, Michael) |
| Filing 66 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8276147) of John K. Villa by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Ferrara, Michael) |
| Filing 65 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8276138) of Matthew W. Lachman by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Ferrara, Michael) |
| Filing 64 Objection to Doc. #59 Notice of Related Case by Plaintiff Bureau of Consumer Financial Protection. (Reiferson, Barry) Modified to create link on 4/21/2021 (kl). |
| Filing 63 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8276099) of Enu A. Mainigi by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Ferrara, Michael) |
| Filing 62 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8276065) of Yifan Wang by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Ferrara, Michael) |
| Filing 61 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8275740) of Ryan Thomas Scarborough by Defendant Fifth Third Bank N.A.. (Attachments: #1 Exhibit Certificate of Good Standing) (Ferrara, Michael) |
| Filing 59 NOTICE by Defendant Fifth Third Bank N.A. of Related Case (Ferrara, Michael) |
| Filing 58 Case transferred in from District of Illinois Northern; Case Number 1:20-cv-01683. Original file electronic copy of transfer order and docket sheet received. |
| Judge Timothy S. Black added. (er) |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kl) |
| Filing 57 TRANSFERRED to the Southern District of Ohio the electronic record. (ph, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 56 MEMORANDUM Opinion and Order Signed by the Honorable Andrea R. Wood on 2/12/2021. Mailed notice (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 55 MINUTE entry before the Honorable Andrea R. Wood: For the reasons stated in the accompanying Memorandum Opinion and Order, Defendant's motion to transfer venue #20 is granted. This Clerk is directed to transfer this case to the United States District Court for the Southern District of Ohio. The remaining motions pending on this Court's docket, including the motion to intervene for the limited purpose of obtaining access to improperly redacted exhibits filed on the public docket #43 , are terminated without prejudice to renewal in the transferee court. Civil case terminated. Mailed notice (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 54 MINUTE entry before the Honorable Andrea R. Wood: Defendant Fifth Third Bank's motion for leave to file sur-reply in opposition to motion to intervene #53 is granted. The Court will consider the sur-reply attached as an exhibit to Defendant's motion [53-1]. Mailed notice (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 53 MOTION by Defendant Fifth Third Bank, N.A. for leave to file Sur-Reply In Opposition to Motion to Intervene (Attachments: #1 Exhibit Proposed Sur-Reply)(Ferrara, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 52 REPLY by Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds to MOTION by Plaintiff Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Intervenor Parties Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Heavy & General Laborers' Local 472 & 172 Pension and Annuity #43 Proposed Intervenor's Reply to Fifth Third Bank's Opposition to Motion to Intervene for Limited Purposer (Cochran, Brian) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 51 MINUTE entry before the Honorable Andrea R. Wood: The Court grants Defendant Fifth-Third Bank NA's unopposed e-mail request for an extension of time to respond to the complaint. Defendant's obligation to answer the complaint is suspended until after the Court's ruling on Defendant's pending motion to transfer venue #20 . Mailed notice (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 50 RESPONSE by Bureau of Consumer Financial Protection to MOTION by Plaintiff Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Intervenor Parties Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Heavy & General Laborers' Local 472 & 172 Pension and Annuity #43 (Reiferson, Barry) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 49 MEMORANDUM by Fifth Third Bank, N.A. in Opposition to motion to intervene, #43 (Attachments: #1 Declaration Declaration of Ryan Scarborough Fifth Third Bank's Memorandum of Law in Opposition to Motion to Intervene)(Ferrara, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 48 MINUTE entry before the Honorable Andrea R. Wood: Telephonic status and motion hearing held on 7/29/2020. Motion by counsel for leave to appear pro hac vice #47 is granted. The Court sets the following briefing schedule for Heavy & General Laborers' Local 472 & 172 Pension and Annuity Fund's motion to intervene for limited purpose of obtaining access to improperly redacted exhibits filed on the public docket #43 : Defendant and Plaintiff shall respond by 8/13/2020 and Intervenor shall reply by 8/24/2020. No further status date is set at this time. Mailed notice (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 47 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17256653. (Kinnon, Christopher) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 46 MINUTE entry before the Honorable Andrea R. Wood: Telephonic motion hearing set for 7/29/2020 at 9:30 AM regarding Plaintiff's motion to intervene for limited purpose of obtaining access to improperly redacted exhibits filed on the public docket. The call-in information at docket entry #42 remains the same. Mailed notice. (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
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Filing 45
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk8, Docket) [Transferred from Illinois Northern on 4/14/2021.]
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| Filing 44 MEMORANDUM OF LAW IN SUPPORT OF MOTION by Intervenor Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds to intervene FOR LIMITED PURPOSE OF OBTAINING ACCESS TO IMPROPERLY REDACTED EXHIBITS FILED ON THE PUBLIC DOCKET (Cochran, Brian) Docket text modified by Clerk's Office on 7/27/2020 (dal, ). [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 43 MOTION by Plaintiff Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Intervenor Parties Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds, Heavy & General Laborers' Local 472 & 172 Pension and Annuity Funds to intervene (Cochran, Brian) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 42 MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the initial status hearing set for 7/2/2020 is stricken and reset for a telephonic status hearing 7/29/2020 at 9:30 AM. To ensure public access to court proceedings, members of the public and media may call in to listen to telephonic hearings. The call-in number is (888) 557-8511 and the access code is 3547847. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 41 REPLY by Fifth Third Bank, N.A. to memorandum in opposition to motion, #39 to transfer venue (Attachments: #1 Declaration of Aaron Stucky, #2 Declaration of Kenneth Oglesby)(Ferrara, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
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Filing 40
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, ) [Transferred from Illinois Northern on 4/14/2021.]
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| Filing 39 MEMORANDUM by Bureau of Consumer Financial Protection in Opposition to motion to change venue #20 (Attachments: #1 Declaration of Barry Reiferson, #2 Exhibit No. 1, #3 Exhibit No. 2, #4 Exhibit No. 3, #5 Exhibit No. 4, #6 Exhibit No. 5, #7 Exhibit No. 6, #8 Exhibit No. 7, #9 Exhibit No. 8, #10 Exhibit No. 9, #11 Exhibit No. 10)(Reiferson, Barry) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 38 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Leanne Elizabeth Hartmann (Hartmann, Leanne) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 37 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Lane Chessin Powell (Powell, Lane) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 36 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Barry E Reiferson (Reiferson, Barry) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 35 MINUTE entry before the Honorable Andrea R. Wood: Pursuant to the agreement of the parties, the Court extends the briefing schedule on Defendant's motion to transfer venue #20 as follows : Plaintiff shall respond by 5/22/2020 and Defendant shall reply by 6/1/2020. Mailed notice. (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 33 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by John K. Villa (Villa, John) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 32 MINUTE entry before the Honorable Andrea R. Wood: Motion by counsel for leave to appear pro hac vice #28 is granted. Mailed notice. (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
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Filing 34
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) [Transferred from Illinois Northern on 4/14/2021.]
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| Filing 31 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Meghan Sherman Cater (Cater, Meghan) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 30 MINUTE entry before the Honorable Andrea R. Wood: The motion presentment hearing set for 5/6/2020 is stricken. No appearance is required. Mailed notice. (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 29 MINUTE entry before the Honorable Andrea R. Wood: Pursuant to the agreement of the parties, the Court sets the following briefing schedule on Defendant's motion to transfer venue #20 : Plaintiff shall respond by 5/8/2020 and Defendant shall reply by 5/18/2020. The parties' obligation to hold a Rule 26(f) planning conference is held in abeyance pending resolution of the motion to transfer. Initial status hearing set for 5/13/2020 #11 is stricken and reset for 7/2/2020 at 9:00 AM. Mailed notice. (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 28 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16944648. (Villa, John) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 27 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Enu Abhilasha Mainigi (Mainigi, Enu) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 26 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Yifan Wang (Wang, Yifan) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 25 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Ryan Thomas Scarborough (Scarborough, Ryan) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 24 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Jason J. Mendro (Mendro, Jason) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 23 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Joshua M. Wesneski (Wesneski, Joshua) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 22 MINUTE entry before the Honorable Andrea R. Wood: Motions by counsel for leave to appear pro hac vice #6 , #7 , #8 , #9 , #15 , #16 , #17 , #18 , and #19 are granted. Mailed notice. (dal, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 21 NOTICE of Motion by Michael James Ferrara for presentment of motion to change venue #20 before Honorable Andrea R. Wood on 5/6/2020 at 09:00 AM. (Ferrara, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 20 MOTION by Defendant Fifth Third Bank, N.A. to change venue (Attachments: #1 Declaration of Gregory Elmore in Support of Motion to Transfer Venue)(Ferrara, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16942041. (Wang, Yifan) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16941785. (Mainigi, Enu) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16941717. (Scarborough, Ryan) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16941698. (Mendro, Jason) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-16941670. (Wesneski, Joshua) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 14 ATTORNEY Appearance for Defendant Fifth Third Bank, N.A. by Michael James Ferrara (Ferrara, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 13 WAIVER OF SERVICE returned executed by Bureau of Consumer Financial Protection. Fifth Third Bank, N.A. waiver sent on 4/9/2020, answer due 6/8/2020. (Olson, Mary) [Transferred from Illinois Northern on 4/14/2021.] |
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Filing 12
ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket8, ) [Transferred from Illinois Northern on 4/14/2021.]
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| SUMMONS Issued as to Defendant Fifth Third Bank, N.A. (tg, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 11 MINUTE entry before the Honorable Andrea R. Wood: Initial status hearing set for 5/13/2020 at 9:00 AM. The parties are directed to meet and conduct a planning conference pursuant to Federal Rule of Civil Procedure 26(f). At least seven days before the initial status hearing, the parties shall file a joint written status report, not to exceed five pages in length. The initial status report shall provide the information described on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Initial Status Conference. Mailed notice (ef, ) [Transferred from Illinois Northern on 4/14/2021.] |
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Filing 10
ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (tg, ) [Transferred from Illinois Northern on 4/14/2021.]
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| Filing 9 (Motion for Leave to Appear Pro Hac Vice) MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Counsel (Motion for Leave to Appear Pro Hac Vice) (Cater, Meghan) Modified on 3/12/2020 (las, ). [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 8 MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Counsel, Pro Hac Vice (Powell, Lane) Modified on 3/12/2020 (las, ). [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 7 MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Counsel, Pro Hac Vice (Hartmann, Leanne) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 6 (Motion for Leave to Appear Pro Hac Vice, Barry Reiferson) MOTION by Plaintiff Bureau of Consumer Financial Protection for leave to appear as Counsel (Motion for Leave to Appear Pro Hac Vice, Barry Reiferson) (Reiferson, Barry) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pk, ) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 4 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Mary Elizabeth Olson (Olson, Mary) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 3 ATTORNEY Appearance for Plaintiff Bureau of Consumer Financial Protection by Michael G. Salemi (Salemi, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 2 CIVIL Cover Sheet (Salemi, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
| Filing 1 COMPLAINT filed by Bureau of Consumer Financial Protection; (Salemi, Michael) [Transferred from Illinois Northern on 4/14/2021.] |
| CASE ASSIGNED to the Honorable Andrea R. Wood. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (acm, ) [Transferred from Illinois Northern on 4/14/2021.] |
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