TD Investments LLC v. National City Bank
| TD Investments LLC |
| United State of America, Department of the Treasury, CBST Acquisition LLC, Orlando Carter, National City Bank and United States of America, Department of Justice |
| 1:2021cv00337 |
| May 18, 2021 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| Susan J Dlott |
| Karen L Litkovitz |
| Insurance |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 111 USCA Case Number 22-3848 for #110 Notice of Appeal filed by Orlando Carter; case manager Michelle R. Lambert, 513-564-7035. (er) |
| Filing 110 NOTICE OF APPEAL by Defendant Orlando Carter (No fee or IFP Motion Submitted). (bjc) |
| Filing 109 CLERK'S JUDGMENT (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
Filing 108
ORDER Overruling objections. Signed by Judge Susan J. Dlott on 9/8/2022. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 107 Objection to Defendant Carter's Objection to Sanctions Award by Defendant National City Bank. (Giffen, Karen) |
| Filing 106 Objection re #105 Order by Defendant Orlando Carter. (bjc) |
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Filing 105
ORDER by the Court finding TD Investments, Mr. Day, Attorney Mahmoud, Mr. Carter, and CBST to be in contempt of Court, and they are jointly and severally sanctioned in the amount of $31,004.19, to be paid to PNC within thirty days of entry of this Order. The Court expressly permits any sanctioned party to file an objection to the Courts award of fees as to the amount only. Such objections must be filed within 14 days of entry of this Order and may be no longer than 10 pages. The Court will not accept any further filings from Mr. Carter or any other entity or agent acting on his behalf in this action except as specifically authorized. Any violation of this Order may result in holding the violator in criminal contempt of Court. The Court will not accept any further civil litigation regarding the claims raised in this action or those raised in CBST Acquisition, LLC v. PNC Bank, N.A., 1:19-cv-06 (S.D. Ohio) and similar dismissed actions. Mr. Carter and all parties and counsel in this action are hereby notified that any further litigation involving these allegations will result in sanctions pursuant to Rule 11(b), 28 U.S.C. 1927, and/or the Courts inherent authority, including but not limited to payment in full of attorneys fees and costs. Attorney Mahmouds pro hac vice status is REVOKED. The Court will not accept further filings from Attorney Mahmoud in this case unless specifically authorized. Signed by Judge Susan J. Dlott on 8/11/2022. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 104 Transcript of Proceedings, Show Cause Hearing, held on 06/14/22, before Judge Susan J. Dlott. Court Reporter/Transcriber Lisa Conley Yungblut, Telephone number 513-564-7676. 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 7/26/2022. Redacted Transcript Deadline set for 8/5/2022. Release of Transcript Restriction set for 10/3/2022. (lcy) |
| Filing 103 AFFIDAVIT Supplemental Affidavits, Declaration and Supplemental Daily Log by Defendant National City Bank. (Attachments: #1 Exhibit 1: Karen L. Giffen Supplemental Affidavit, #2 Exhibit 2: Courtney L. Bow Affidavit, #3 Exhibit 3: Declaration of Attorney Rachael L. Israel, #4 Exhibit A: Supplemental Daily Log of Fees and Expenses) (Giffen, Karen) |
| Filing 102 NOTICE by Defendant National City Bank Notice of Change of Firm Affiliation (Giffen, Karen) |
| Filing 101 AMENDED DOCUMENT by Defendant National City Bank. Affidavit of Attorney Karen L. Giffen. (Attachments: #1 Exhibit A: Log of Attorneys' Fees, Costs and Expenses) (Giffen, Karen) |
| Filing 100 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #98 Affidavit filed by National City Bank, 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 #98 Affidavit filed by National City Bank as a text searchable within 24-hours. Non-Compliance Deadline due by 6/21/2022. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
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Filing 99
ORDER denying as moot #93 Motion to Continue. Signed by Judge Susan J. Dlott on 6/16/2022. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 98 AFFIDAVIT of Attorney Karen L. Giffen by Defendant National City Bank. (Attachments: #1 Exhibit Log of Attorneys' Fees, Costs and Expenses) (Giffen, Karen) |
| Filing 97 AFFIDAVIT with Medical Records by Plaintiff TD Investments LLC. (Attachments: #1 Exhibit Medical Records) (Mahmoud, Henry) |
| Filing 96 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #95 Affidavit filed by TD Investments LLC, 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 #95 Affidavit filed by TD Investments LLC as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 6/16/2022. (kl) |
| Filing 95 AFFIDAVIT of Plaintiff's counsel by Plaintiff TD Investments LLC. (Attachments: #1 Exhibit Medical Records) (Mahmoud, Henry) |
| Filing 94 Minute Entry for proceedings held before Judge Susan J. Dlott: Show Cause Hearing held on 6/14/2022 in Courtroom 7 (Court Reporter: Lisa Conley-Yungblut) (wam) |
| Filing 93 MOTION to Continue 6/14/2022 Hearing by Plaintiff TD Investments LLC. (Mahmoud, Henry) |
| Filing 92 RESPONSE in Opposition re #90 MOTION for Order to Show Cause MOTION for Order to Show Cause Response to Motion filed by Plaintiff TD Investments LLC. (Mahmoud, Henry) |
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Filing 91
ORDER TO SHOW CAUSE Show Cause Hearing set for 6/14/2022 10:00 AM in Courtroom 7 - Cincinnati before Judge Susan J. Dlott.. Signed by Judge Susan J. Dlott on 5/26/2022. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| NOTICE by the Court VACATING the telephonic status conference scheduled for 5/19/2022 at 10:00 a.m. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) |
| Filing 90 MOTION for Order to Show Cause, MOTION for Order to Show Cause ( Responses due by 6/7/2022) by Defendant National City Bank. (Giffen, Karen) |
| Filing 89 First MOTION to Strike #87 Order Adopting Report and Recommendations,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,, by Plaintiff TD Investments LLC. (Mahmoud, Henry) |
| Filing 88 MOTION to Set Aside Sanction Order, MOTION to Stay, MOTION for Judicial Notice by Defendant Orlando Carter. (bjc) |
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Filing 87
ORDER ADOPTING ORDER AND REPORT AND RECOMMENDATION; SANCTIONS HEARING TO BE HELDJUNE 14,2022; ORDER REQUIRING DISCOVERY; ORDER TO SHOW CAUSE WHY SANCTIONS SHOULD NOT BE IMPOSED - 1. Within thirty days of entry of this Order, TD Investments is ORDERED to produce to PNC (1) an affidavit of the CEO David Day identifying all owners of TD Investments and its legal name; and (2) its Operating Agreement, Articles of Incorporation, and any other business documents showing ownership of the entity; 2. Within thirty days of entry of this Order, Carter and CBST are ORDERED to produce to PNC correspondence between themselves and TD Investments, CEO of TD Investments, David Day, and any other representative of TD Investments; 3. Within thirty days of entry of this Order, TD Investments, CEO of TD Investments, David Day, any other representative of TD Investments, and Attorney Mahmoud are ORDERED to produce to PNC any correspondence between themselves and Carter and/or CBST; 4. PNC is ORDERED to prepare an affidavit and log of attomeys' fees and expenses to date in defending this action, to be presented to the Court at the sanctions hearing; 5. The parties are notified that the Court will conduct an evidentiary hearing onPNC's Motion for Sanctions against TD Investments, Attorney Mahmoud, Carter, and CBST on June 14,2022 at 10:00 A.M. in Courtroom 7. At the hearing, PNC may put on evidence about the ownership of TD Investments and why sanctions should be imposed. TD Investments, Attorney Mahmoud, Carter, and CBST must SHOW CAUSE at the hearing as to why sanctions should not be imposed. AIJ parties and counsel of record must attend the hearing. For the reasons set forth herein, the Court OVERRULES and/or DENIES AS MOOT Objections to the Magistrate Judge's Order and Report and Recommendation (Doc. #71 ) filed by TD Investments and Carter (Docs. #77 , #79 ). The Magistrate Judge's Order and Report and Recommendation (Doc. #71 ) is ADOPTED. PNC's Motion for Sanctions (Doc. #35 ) remains under consideration and will be decided after the June 14,2022 hearing. Signed by Judge Susan J. Dlott on 03/30/2022. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 86 Objection to any and all sanctions in light of the recent findings by The MBDA by Defendant Orlando Carter. (bjc) |
| Filing 85 MOTION for Hearing as a result of the filing by the Butler County, Ohio Prosecutor's Office by Defendant Orlando Carter. (bjc) |
| Filing 84 AFFIDAVIT of Rafael Underwood by Defendant Orlando Carter. (bjc) |
| Filing 83 NOTICE of Declination of Consent to Magistrate Judge by Defendant Orlando Carter (bjc) |
| Filing 82 Letter from Butler County Prosecutor (Attachments: #1 Exhibit) (wam) |
| Filing 81 PNC's Combined Response to the Objections to the Order, Report and Recommendations of the Magistrate Judge by Defendant National City Bank. (Giffen, Karen) Modified to add relationship to RR and modify text on 1/18/2022 (kl). |
| Filing 80 Declaration of David Day by Plaintiff TD Investments LLC. (Mahmoud, Henry) Modified docket text on 1/18/2022 (kl). |
| Filing 79 OBJECTION to #71 Report and Recommendations by Defendant Orlando Carter. (bjc) |
| Filing 78 OBJECTION to #71 Report and Recommendations David Day Declaration by Plaintiff TD Investments LLC. (Mahmoud, Henry) |
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Notation ORDER granting re #72 MOTION for Extension of Time to File objections as to #71 REPORT AND RECOMMENDATIONS Objections due by 12/31/2021. Signed by Judge Susan J. Dlott on 12/8/2021. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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Notation ORDER granting #75 Motion for Extension of Time until 1/3/2022 for plaintiff to file objections to the Magistrate Judge Report and Recommendation #71 . Signed by Judge Susan J. Dlott on 12/8/2021. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Reset Deadlines: Objections by Plaintiff to R&R due by 1/3/2021 (eh) |
| Reset Deadlines: Objections by Orlando Carter to R&R due by 12/31/2021 (eh) |
| Filing 77 OBJECTION to #71 Report and Recommendations Objected to by Plaintiff TD Investments LLC. (Mahmoud, Henry) |
| Notice of Correction re Doc. #73 and 74 - DOCUMENTS FILED IN ERROR. Attorney contacted and will refile with correct event and document. (kl) |
| Notice of Correction re [FORMER DOC. 76]- Please disregard former document 76. Incorrect ECF event used. Please see Doc. #77 Objection to R/R for corrected filing. (kl) |
| Filing 75 First MOTION for Extension of Time New date requested 1/3/2022. to Supplement Response filed 12/03/2021 by Plaintiff TD Investments LLC. (Mahmoud, Henry) |
| Filing 73 **FORMER DOC. 73 - PLEASE DISREGARD - FILED IN ERROR** RESPONSE to Motion re #71 REPORT AND RECOMMENDATIONS re #33 MOTION to Dismiss for Lack of Jurisdiction filed by National City Bank filed by Plaintiff TD Investments LLC. (Mahmoud, Henry) Modified text and security on 12/6/2021 (kl). |
| Filing 72 Defendant Carter's Request for Extension as to #71 REPORT AND RECOMMENDATIONS. (kh) |
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Filing 71
ORDER AND REPORT AND RECOMMENDATIONS - IT IS THEREFORE ORDERED THAT: 1. Orlando Carters motion to obtain electronic case filing rights (Doc. #40 ) is DENIED; 2. TD Investments verified motion to stay briefing schedule and conduct evidentiary hearing (Doc. #41 ) is DENIED; 3. TD Investments motion to have attorney Rachel Israel withdraw as counsel for defendant (Doc. #42 ) is DENIED; 4. Orlando Carters motion to strike all public filings made by PNC attorney Rachel Israel due to lack of personal knowledge (Doc. #53 ) is DENIED; 5. Orlando Carters motion to strike (Doc. #61 ) is DENIED; 6. Orlando Carters request for status on motion to obtain electronic filing rights (Doc. #63 ) is DENIED; 7. Orlando Carters motion for order requiring CBST and all defendants to appear and answer (Doc. #64 ) is DENIED; 8. Carters motion to strike all pleadings by defendant PNC for intentional and blatant deception on this court (Doc. #70 ) is DENIED; 9. The ruling on PNCs motion for sanctions (Doc. #35 ) is STAYED pending the District Judges ruling on this report and recommendation and re-referral of PNCs sanctions motion; 10. TD Investments motion for sanctions (Doc. #67 ) is DENIED. IT IS THEREFORE RECOMMENDED THAT: Defendant PNCs motion to dismiss plaintiffs amended complaint (Doc. #33 ) be GRANTED.( Objections to R&R due by 12/3/2021). Signed by Magistrate Judge Karen L. Litkovitz on 11/19/2021. (bjc)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 70 MOTION for Hearing, MOTION to Strike all Pleadings by Defendant PNC Bank for Intentional and Blatant Deception on this Court by Defendant Orlando Carter. (kh) |
| Filing 69 RESPONSE in Opposition re #67 MOTION for Sanctions for Atty Rachel Israel's DECEIT filed by Defendant National City Bank. (Giffen, Karen) |
| Filing 68 NOTICE of Substitution of Counsel - Karen L Giffen substituting for Rachael L. Israel as to Defendant National City Bank. (Giffen, Karen) |
| Filing 67 MOTION for Sanctions for Atty Rachel Israel's DECEIT by Plaintiff TD Investments LLC. (Attachments: #1 Exhibit Ferguson Email, #2 Affidavit Atty Declaration, #3 Exhibit Rule 11 Letter, #4 Affidavit Plaintiff's Declaration) (Mahmoud, Henry) |
| Filing 66 REPLY to Response to Motion re #61 MOTION to Strike #58 Reply to Response to Motion, #60 Response in Opposition to Motion, filed by Defendant Orlando Carter. (bjc) |
| Filing 65 RESPONSE in Opposition re #61 MOTION to Strike #58 Reply to Response to Motion, #60 Response in Opposition to Motion,, #64 MOTION for Order to ; Objection to #60 Response in Opposition to #50 Motion for Default Judgment filed by Defendant National City Bank. (Israel, Rachael) Modified to create link to motion on 9/1/2021 (eh). |
| Filing 64 MOTION for Order requiring CBST and all defendants to Appear and Answer by Defendant Orlando Carter. (bjc) |
| Filing 63 Request for status on Motion to Obtain Electronic Filing Rights by Defendant Orlando Carter. (bjc) |
| Filing 62 Objection re #60 Response in Opposition to Motion, by Defendant Orlando Carter. (bjc) Modified Docket Entry Relationships on 8/26/2021 (bjc). |
| Filing 61 MOTION to Strike #58 Reply to Response to Motion, #60 Response in Opposition to Motion, by Defendant Orlando Carter. (bjc) |
| Filing 60 RESPONSE in Opposition re #50 MOTION for Default Judgment against CBST Acquisitions, LLC filed by Defendant National City Bank. (Attachments: #1 Exhibit A: Butler County Complaint, #2 Exhibit B: 11-1-19 Request for Entry, #3 Exhibit C: 12-6-19 Notice to All Parties, #4 Exhibit D: Rogers Docket) (Israel, Rachael) |
| Filing 59 RESPONSE in Opposition re #53 MOTION to Strike filed by Defendant National City Bank. (Israel, Rachael) |
| Filing 58 REPLY to Response to Motion re #35 MOTION for Sanctions filed by Defendant National City Bank. (Israel, Rachael) |
| Filing 57 (Corrected) RESPONSE in Opposition re #35 MOTION for Sanctions filed by Plaintiff TD Investments LLC. (Mahmoud, Henry) Modified docket text on 7/30/2021 (eh). |
| Filing 56 RESPONSE in Opposition re #35 MOTION for Sanctions Corrected pleadding filed by Plaintiff TD Investments LLC. (Mahmoud, Henry) |
| Notice of Correction: Please disregard [FORMER DOC. 55] Response to Motion - restricted for filing error. Counsel refiled as #56 Response in Opposition to Motion and #57 Corrected Response in Opposition to Motion. (eh) |
| Filing 55 [FORMER DOC. 55 - PLEASE DISREGARD. FILED IN ERROR.] RESPONSE to Motion re #35 MOTION for Sanctions Opposotion to Sanctions Motion filed by Plaintiff TD Investments LLC. (Mahmoud, Henry) Modified docket text and document security on 7/29/2021 (eh). |
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Filing 54
ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Karen L. Litkovitz. Signed by Judge Susan J. Dlott on 7/28/2021. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 53 MOTION to Strike All Public Filings Made by PNC Attorney Rachel Israel Due to Her Lack of Personal Knowledge by Defendant Orlando Carter. (bjc) |
| Filing 52 RESPONSE in Opposition re #35 MOTION for Sanctions filed by Defendant Orlando Carter. (bjc) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh) |
| Filing 51 REPLY to Response to Motion re #33 MOTION to Dismiss for Lack of Jurisdiction filed by Defendant National City Bank. (Israel, Rachael) |
| Filing 50 NOTICE OF Default for Defendant CBST Acquisitions, LLC by Plaintiff TD Investments LLC. (Attachments: #1 Supplement Declaration) (Lewis, Cornelius) Modified docket text and terminated motion on 7/26/2021 (eh). |
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Filing 49
ORDER TRANSFERRING CASE from the docket of the Honorable Douglas R. Cole to the docket of the Honorable Susan J. Dlott. Signed by Judge Douglas R. Cole on 7/23/21. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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NOTATION ORDER granting #39 Defendant Orlando Carter's MOTION for Extension of Time to File Response to #35 Defendant National City Bank's MOTION for Sanctions and #43 Plaintiff's MOTION for Extension of Time to File Response to #35 Defendant National City Bank's MOTION for Sanctions. Plaintiff's Response due by 7/28/21; Defendant Orlando Carter's Response due by 7/29/21. SO ORDERED. Signed by Judge Douglas R. Cole on 7/22/21. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
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| Filing 48 RESPONSE in Opposition re #39 MOTION for Extension of Time to File Response/Reply as to #35 MOTION for Sanctions New date requested 7/29/2021. filed by Defendant National City Bank. (Israel, Rachael) |
| Filing 47 RESPONSE in Opposition re #41 MOTION to Stay re #33 MOTION to Dismiss for Lack of Jurisdiction , #35 MOTION for Sanctions Stay Brief Schedule and Requests for Evidentiary Hearing filed by Defendant National City Bank. (Israel, Rachael) |
| Filing 46 RESPONSE in Opposition re #43 MOTION for Extension of Time to File Response/Reply filed by Defendant National City Bank. (Israel, Rachael) |
| Filing 45 RESPONSE in Opposition re #42 MOTION to have Attorney Rachel Israel Withdraw as Counsel for Defendant filed by Defendant National City Bank. (Attachments: #1 Affidavit Ex 1 - Israel Declaration) (Israel, Rachael) |
| Filing 44 RESPONSE in Opposition re #33 MOTION to Dismiss for Lack of Jurisdiction filed by Plaintiff TD Investments LLC. (Mahmoud, Henry) |
| Filing 43 MOTION for Extension of Time to File Response re #35 MOTION for Sanctions New date requested 7/28/2021. by Plaintiff TD Investments LLC. (Lewis, Cornelius) Modified to correct Motion event and created link to doc. 35 event on 7/1/2021 (eh). |
| Filing 42 MOTION to have Attorney Rachel Israel Withdraw as Counsel for Defendant by Plaintiff TD Investments LLC. (Attachments: #1 Supplement Memorandum In Support, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2) (Lewis, Cornelius) |
| Filing 41 MOTION to Stay re #33 MOTION to Dismiss for Lack of Jurisdiction , #35 MOTION for Sanctions Stay Brief Schedule and Requests for Evidentiary Hearing by Plaintiff TD Investments LLC. (Lewis, Cornelius) |
| Filing 40 MOTION to Obtain Electronic Case Filing Rights by Defendant Orlando Carter. (bjc) |
| Filing 39 MOTION for Extension of Time to File Response/Reply as to #35 MOTION for Sanctions New date requested 7/29/2021. by Defendant Orlando Carter. (bjc) |
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NOTATION ORDER granting #37 Plaintiff's MOTION for Extension of Time to Respond to #33 MOTION to Dismiss. Counsel for Defendant PNC Bank N.A. indicated via email to the Court that the Motion is unopposed. Response due by 7/12/21. SO ORDERED. Signed by Judge Douglas R. Cole on 6/25/21. (sct)
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NOTATION ORDER granting #36 Motion for Leave to Appear Pro Hac Vice of H. Nasif Mahmoud 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 6/24/2021. (eh)
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| Filing 38 Supplemental Memorandum Supporting re #36 Motion to Appear Pro Hac Vice Certificate of Good Standing by Plaintiff TD Investments LLC. (Lewis, Cornelius) Modified Docket Text to Include Link on 6/22/2021 (bjc). |
| Filing 37 First MOTION for Extension of Time New date requested 7/12/2021. Defendant's Motion to Dismiss [Doc.#33] by Plaintiff TD Investments LLC. (Lewis, Cornelius) Modified Docket Event on 6/22/2021 (bjc). |
| Filing 36 First MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8370588) of Henry Nasif Mahmoud by Plaintiff TD Investments LLC. (Lewis, Cornelius) |
| Filing 35 MOTION for Sanctions by Defendant National City Bank. (Attachments: #1 Affidavit Ex 1 - Israel Declaration, #2 Exhibit 1-A - 3-15-2021 ltr to Mahmoud, #3 Exhibit 1-B - 3-15-2021 email to Carter, #4 Exhibit 2 - 8-27-2019 Order to Show Cause, #5 Exhibit 3 - 12-10-2019 Order on Sanctions, #6 Exhibit 4 - 2-26-2015 Complaint, #7 Exhibit 5 - 8-23-2017 Complaint, #8 Exhibit 6 - 6-7-2018 Complaint, #9 Exhibit 7 - 10-5-2018 Complaint, #10 Exhibit 8 - 1-2-2019 Complaint, #11 Exhibit 9 - 11-28-2018 Complaint, #12 Exhibit 10 - 9-24-2019 Complaint) (Israel, Rachael) |
| Filing 34 NOTICE by Defendant National City Bank of Related Cases (Israel, Rachael) |
| Filing 33 MOTION to Dismiss for Lack of Jurisdiction by Defendant National City Bank. (Attachments: #1 Exhibit A: SOS Good Standing Certificate, #2 Exhibit B: 12-10-19 Sanctions Order) (Israel, Rachael) |
| Filing 32 Case transferred in from District of Illinois Northern; Case Number 1:21-cv-01246. Original file with documents numbered 1 - 31, electronic copy of transfer order and docket sheet received. |
| Judge Douglas R. Cole added. (er) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (eh) |
| Filing 31 TRANSFERRED to the US District Court for the Southern District of Ohio the electronic record. (exr, ) [Transferred from Illinois Northern on 5/18/2021.] |
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Filing 30
ORDER: Defendant PNC Bank N.A.'s Motion to Transfer Pursuant to 28 U.S.C. 1404(a) (Dkt. No. 7) is granted. The Clerk shall transfer this case forthwith. Defendant Carter's motion to disqualify Dinsmore & Shohl #12 and motion for sanctions #17 are denied as moot. Signed by the Honorable Harry D. Leinenweber on 5/17/2021. Mailed notice(exr, ) [Transferred from Illinois Northern on 5/18/2021.]
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| Filing 29 MINUTE entry before the Honorable Harry D. Leinenweber: Telephonic ruling on motion hearing held. Motion for extension of time to file a motion to dismiss #25 is granted. Plaintiff shall respond by 6/21/2021; Defendant may reply by 6/28/2021. Telephone Conference set for 8/3/21 at 9:00 a.m. Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115, to join the conference. Mailed notice(maf) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 28 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 5/11/21 at 9:00 a.m. re: MOTION by Defendant National City Bank for extension of time to file answer regarding complaint #25 . Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. Mailed notice(maf) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 27 RESPONSE by TD Investments LLCin Opposition to MOTION by Defendant National City Bank for extension of time to file answer regarding complaint #1 #25 (Mahmoud, H.) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 26 REPLY in support of his motion to disqualify by Defendant Orlando Carter (Exhibit). (mc, ) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 25 MOTION by Defendant National City Bank for extension of time to file answer regarding complaint #1 (Israel, Rachael) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 24 EXHIBIT by Defendant National City Bank regarding response to motion #23 (Binetti, Timothy) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 23 RESPONSE by National City Bank to MOTION by Defendant Orlando Carter to disqualify counsel #12 (Binetti, Timothy) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 22 RESPONSE by National City Bankin Support of MOTION by Defendant National City Bank to transfer case #7 (Israel, Rachael) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 21 MEMORANDUM by TD Investments LLC in Opposition to motion to transfer case #7 (Mahmoud, H.) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 20 RESPONSE by TD Investments LLCin Opposition to MOTION by Defendant National City Bank to transfer case #7 (Attachments: #1 Exhibit Atty Israels statements, #2 Affidavit Rogers Affidavit refuting Israel's statements, #3 Exhibit Atty Israel's threatened sanctions and response with counter sanctions letter)(Mahmoud, H.) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 19 MINUTE entry before the Honorable Harry D. Leinenweber: Defendant Orlando Carter's motion for sanctions #17 is entered and continued pending resolution of the motion to transfer #7 . Mailed notice(maf) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 18 DECLARATION of Orlando Carter (mc, ) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 17 VERIFIED MOTION by Defendant Orlando Carter for sanctions against Defendant PNC Bank and Rachel Israel for violation of local rules 83.53.3 and 83.58.4 (mc, ) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 16 MINUTE entry before the Honorable Harry D. Leinenweber: Defendant Carter is granted leave to file a reply in support of his motion to disqualify Dinsmore & Shohl for conflict of interest #12 on or before 4/29/21. The Court will rule by mail. Mailed notice (maf) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 15 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference held re: MOTION by Defendant Orlando Carter to disqualify Dinsmore & Shohl for conflict of interest #12 . A response to the motion shall be filed on or before 4/22/21. The Court will rule by mail. Mailed notice (maf) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 14 MINUTE entry before the Honorable Harry D. Leinenweber: Telephone Conference set for 4/7/2021 at 9:30 a.m. re: MOTION by Defendant Orlando Carter to disqualify Dinsmore & Shohl for conflict of interest #12 . Dial: 888-684-8852 or 215-446-0155, access code: 9582710#. Security code (if asked): 8115. No appearance is needed in person, parties shall dial in for the telephonic conference. Mailed notice(maf) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 13 NOTICE of Motion by Orlando Carter for presentment of motion to disqualify counsel #12 before Honorable Harry D. Leinenweber on 4/7/2021 at 09:30 AM. (mc, ) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 12 MOTION by Defendant Orlando Carter to disqualify Dinsmore & Shohl for conflict of interest. (Exhibit)(mc, ) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 11 ANSWER to Plaintiff's amended complaint by Orlando Carter(mc, ) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 10 Corrected Final First AMENDED complaint by TD Investments LLC against All Defendants (Mahmoud, H.) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 9 FIRST AMENDED complaint by TD Investments LLC against All Plaintiffs Notice of Filing (Attachments: #1 Notice of Filing)(Mahmoud, H.) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 8 MINUTE entry before the Honorable Harry D. Leinenweber: Defendant National City Bank's motion to transfer is entered and briefed as follows: response by 4/14/2021; reply, if any, by 4/21/2021. The Court will rule by mail. Mailed notice(maf) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 7 MOTION by Defendant National City Bank to transfer case (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Binetti, Timothy) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 6 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by National City Bank (Binetti, Timothy) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 5 ATTORNEY Appearance for Defendant National City Bank by Timothy Lawrence Binetti (Binetti, Timothy) [Transferred from Illinois Northern on 5/18/2021.] |
|
Filing 4
ORDER :Pro hac vice motion is granted #3 . Signed by the Honorable Harry D. Leinenweber on 3/15/2021. Mailed notice(mc, ) [Transferred from Illinois Northern on 5/18/2021.]
|
| Filing 3 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-18021635. (Israel, Rachael) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 2 CIVIL Cover Sheet (Mahmoud, H.) [Transferred from Illinois Northern on 5/18/2021.] |
| Filing 1 COMPLAINT For Declaratory and Injunctive Relief filed by TD Investments LLC; Filing fee $ 402, receipt number 0752-17992412. (Attachments: #1 Exhibit)(Mahmoud, H.) [Transferred from Illinois Northern on 5/18/2021.] |
| CASE ASSIGNED to the Honorable Harry D. Leinenweber. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (acm, ) [Transferred from Illinois Northern on 5/18/2021.] |
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