Pierre Investments, Inc. v. Fifth Third Bank
| Pierre Investments, Inc. doing business as Gehard Luxury Homes and Ken Gazian |
| Fifth Third Bank, Ohio Secretary of State, Delaware Secretary of State, Fifth Third Bank, Northwester Ohio, NA Toledo, Fifth Third Bank, National Association, Fifth Third Bancorp, Brian C Reid, Julie A Kristenak and Blake Williams |
| 1:2022cv00155 |
| November 13, 2021 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| Timothy S Black |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Conversion |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 68 USCA Case Number 23-3269 for #67 Notice of Appeal filed by Pierre Investments, Inc.; case manager Ryan E. Orme, 513-564-7079. (er) |
| Filing fee: $ 505, receipt number BOHSDC-9345608 - Related Document: #67 Notice of Appeal filed by Pierre Investments, Inc... (Williamson, Nathan) |
| Filing 67 NOTICE OF APPEAL re #65 Order on Motion to Dismiss, Filing fee $ 505. by Plaintiff Pierre Investments, Inc.. Appeal Record due by 4/13/2023. (Williamson, Nathan) |
| Filing 66 CLERK'S JUDGMENT (rrs) |
Filing 65
ORDER granting Motions to Dismiss (Docs. #61 , #64 ). Signed by Judge Timothy S. Black on 3/3/2023. (rrs)
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| Filing 64 MOTION to Dismiss Delaware Secretary of State by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Williamson, Nathan) |
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Filing 63
ORDER. Signed by Judge Timothy S. Black on 2/27/2023. (rrs)
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NOTATION ORDER granting #62 Motion for Leave to Appear Pro Hac Vice of Nathan Williamson as Co-Counsel. Co-Counsel is directed to register for efilingthrough PACER unless they have done so previously. Signed by Magistrate Judge Stephanie K. Bowman on 2/27/2023. (eh)
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| Filing 62 MOTION for Leave to Appear Pro Hac Vice (FILING FEE PAID 200002119) of Nathan Williamson by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Allen, Eric) Modified on 2/24/2023 (jlk). |
| Filing 61 MOTION to Dismiss Defendant Delaware Secretary of State Jeffrey Bullock by Defendant Delaware Secretary of State. (Yackshaw, Ann) |
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Filing 60
ORDER taking no further action on Order to Show Cause and granting Motion to Withdraw as Attorney (Doc. #59 ). Signed by Judge Timothy S. Black on 12/7/2022. (rrs)
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NOTATION ORDER granting #58 Motion for Leave to Appear Pro Hac Vice of Caneel Radinson-Blasucci as Counsel for Defendant Delaware Secretary of State. The motion is also construed as a motion by Counsel Radinson-Blasucci to appear as Trial Attorney for the Delaware Secretary of State. That request is GRANTED and Counsel Radinson-Blasucci shall comply with all requirements of serving as Trial Attorney. See Local Rule 83.4. Counsel is further directed to register for e-filing through PACER unless they have done so previously. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 11/23/2022. (rrs)
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| Filing 59 MOTION to Withdraw as Attorney by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Rodgers, Cynthia) |
| Filing 58 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9152175) of Caneel Radinson-Blasucci by Defendant Delaware Secretary of State. (Attachments: #1 Exhibit Certificate of Good Standing - Caneel) (Yackshaw, Ann) |
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Notation Order: This civil action is before the Court on Plaintiffs' Notices regarding records of Fifth Third Bank with the Delaware Secretary of State. (Docs. #56 , #57 ). In one prior instance, the Court misidentified "Fifth Third Bank, National Association" as a Delaware corporation. (Doc. #52 at 5). However, as identified in the citation provided by the Court, "Fifth Third Bank, National Association" is correctly identified as a District of Columbia corporation. (Doc. #14 at 1). Accordingly, the Court sua sponte CORRECTS the mistake, which was a harmless error and does not change the outcome of the Order dismissing claims against the Fifth Third Defendants (Doc. #52 ). See Fed. R. Civ. P. 60, 61. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 10/18/2022. (rrs)
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| Filing 57 NOTICE by Plaintiff Pierre Investments, Inc. No record of Fifth Third Bank in State of Delaware filings (Rodgers, Cynthia) |
| Filing 56 NOTICE by Plaintiff Pierre Investments, Inc. FIfth Third Bank, National Association not registered in Delaware or DC (Attachments: #1 Exhibit Fifth Third Bank, Inc. Withdrawn) (Rodgers, Cynthia) |
| Filing 55 Summons Returned Unexecuted by Ken Gazian, Pierre Investments, Inc. as to Fifth Third Bank, Northwester Ohio, NA Toledo. (Rodgers, Cynthia) |
| Filing 54 Summons Returned Unexecuted by Ken Gazian, Pierre Investments, Inc. as to Fifth Third Bank. (Rodgers, Cynthia) |
| Filing 53 SUMMONS Returned Executed as to Defendant Delaware Secretary of State. Delaware Secretary of State served on 8/23/2022, answer due 9/13/2022. (Rodgers, Cynthia) |
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Filing 52
ORDER resolving pending motions (Docs. #16 , #19 , #23 , #29 , #34 , #40 , #51 ). Signed by Judge Timothy S. Black on 10/11/2022. (rrs)
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| Filing 51 First MOTION to Substitute Party Fifth Third Bank, National Association for Fifth Third Bank, Northwestern Ohio, NA Toledo and Fifth Third Bank, an Ohio banking corporation by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Attachments: #1 Exhibit Fifth Third Bank, Northwestern Ohio, NA Toledo, #2 Exhibit Fifth Third Bank, Western Ohio, NA, #3 Exhibit Fifth Third Bank (Northwestern Ohio), #4 Exhibit Fifth Third Bank, an Ohio banking corporation, P. 10, #5 Exhibit Fifth Third Bank (Northwestern Ohio) invoice 2016, #6 Exhibit Fifth Third Bank Inc. -withdrawn in D.C., #7 Text of Proposed Order Proposed Order Granting Substitution) (Rodgers, Cynthia) |
| Filing 50 Summons Issued as to Delaware Secretary of State, Fifth Third Bank, Fifth Third Bank, Northwester Ohio, NA Toledo. (kh) |
| Filing 49 REQUEST for Issuance of Summons. Jeffrey Bullock, in his official capacity (Rodgers, Cynthia) |
| Filing 48 REQUEST for Issuance of Summons. Fifth Third Bank, Northwestern Ohio, NA Toledo (Rodgers, Cynthia) |
| Filing 47 REQUEST for Issuance of Summons. Fifth Third Bank, an Ohio banking Corporation (Rodgers, Cynthia) |
| Filing 46 REPLY to Response to Motion re #40 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association, Julie A Kristenak, Brian C Reid. (Cassady, Andrew) |
| Filing 45 [FILED IN ERROR, PLEASE DISREGARD] Supplemental Memorandum Supporting re #40 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association, Julie A Kristenak, Brian C Reid. (Cassady, Andrew) Modified Docket Text and Security on 6/9/2022 (bjc). |
| Notice of Correction re: #45 Supplemental - Supporting, document was filed using the incorrect filing event, the filer has been contacted and will re-file the document using the correct filing event. (bjc) |
| Filing 44 NOTICE by Plaintiffs Ken Gazian, Pierre Investments, Inc. re #42 Notice (Other) Voluntary Dismissal of Counts 11, 12, 14 against all Defendants (Rodgers, Cynthia) |
| Filing 43 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #42 Notice (Other) filed by Pierre Investments, Inc., Ken Gazian., 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 #42 Notice (Other) filed by Pierre Investments, Inc., Ken Gazian. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 6/7/2022. (bjc) |
| Filing 42 NOTICE by Plaintiffs Ken Gazian, Pierre Investments, Inc. Voluntary Dismissal of Counts 11, 12, 14 against all Defendants (Rodgers, Cynthia) |
| Filing 41 RESPONSE in Opposition re #40 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Rodgers, Cynthia) |
| Filing 40 MOTION to Dismiss Plaintiffs' Amended Complaint by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association, Julie A Kristenak, Brian C Reid. (Attachments: #1 Exhibit Exhibit A) (Cassady, Andrew) |
| Filing 39 WAIVER OF SERVICE Returned Executed. (Rodgers, Cynthia) |
| Filing 38 WAIVER OF SERVICE Returned Executed. (Rodgers, Cynthia) |
| Filing 37 WAIVER OF SERVICE Returned Executed. Waiver sent 3/28/2022, answer due 5/27/2022. (Rodgers, Cynthia) Modified to include service details on 5/16/2022 (eh). |
| Filing 36 WAIVER OF SERVICE Returned Executed. (Rodgers, Cynthia) |
| Filing 35 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket numbers #30 , #31 , #32 and #33 Waivers of Service 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 numbers #30 , #31 , #32 and #33 Waivers of Service as text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 5/16/2022. (kh) |
| Filing 34 MOTION to Substitute Party Employee #957851 by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Attachments: #1 Text of Proposed Order Substitute Blake Williams for Employee #957851) (Rodgers, Cynthia) |
| Filing 33 WAIVER OF SERVICE Returned Executed. Waiver sent to Employee#957851 on 3/28/2022, answer due 5/27/2022. (Rodgers, Cynthia) |
| Filing 32 WAIVER OF SERVICE Returned Executed. Waiver sent to Brian C Reid on 3/28/2022, answer due 5/27/2022. (Rodgers, Cynthia) |
| Filing 31 WAIVER OF SERVICE Returned Executed. Waiver sent to Julie A Kristenak on 3/28/2022, answer due 5/27/2022. (Rodgers, Cynthia) |
| Filing 30 WAIVER OF SERVICE Returned Executed. Waiver sent to Fifth Third Bank, National Association on 3/28/2022, answer due 5/27/2022. (Rodgers, Cynthia) |
| Filing 29 MOTION Dismiss party-Frank LaRose in his official capacity as Ohio Secretary of State without prejudice under Rule 21 by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order dismissing Ohio SOS without prejudice) (Rodgers, Cynthia) |
| Filing 28 REPLY to Response to Motion re #19 First MOTION for Reconsideration re #15 Order on Motion to Change Venue,,, Order on Motion to Dismiss,,, Order on Motion to Amend/Correct,,, Order on Motion to Strike,,, Order on Motion for Order to,,, Order on Motion for Default Judgment,,,,, filed by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Attachments: #1 Exhibit Footnote, p. 2, #2 Exhibit 2021 Corporate Disclosure, #3 Exhibit Fifth Third Bank NA, #4 Exhibit Bancorp, #5 Text of Proposed Order Proposed order Returning action to Eastern) (Rodgers, Cynthia) |
| Filing 27 Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket [26-3] Exhibit 3 to Reply to Response to Motion, and [26-4] Exhibit 4 to Reply to Response to Motion, 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 [26-3] and [26-4] as text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 4/21/2022. (kh) |
| Filing 26 REPLY to Response to Motion re #19 First MOTION for Reconsideration re #15 Order on Motion to Change Venue,,, Order on Motion to Dismiss,,, Order on Motion to Amend/Correct,,, Order on Motion to Strike,,, Order on Motion for Order to,,, Order on Motion for Default Judgment,,,,, filed by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Attachments: #1 Exhibit See Footnote, page 2, #2 Exhibit Fifth Third Bank, NA Corporate Disclosure, #3 Exhibit Fifth Third Bank NA #877750, #4 Exhibit Bancorp #458715, #5 Text of Proposed Order PROPOSED Order to Return to Eastern Division) (Rodgers, Cynthia) |
| Filing 25 RESPONSE in Opposition re #19 First MOTION for Reconsideration re #15 Order on Motion to Change Venue,,, Order on Motion to Dismiss,,, Order on Motion to Amend/Correct,,, Order on Motion to Strike,,, Order on Motion for Order to,,, Order on Motion for Default Judgment,,,,, filed by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association, Julie A Kristenak, Brian C Reid. (Cassady, Andrew) |
| Filing 24 NOTICE of Appearance by Garrett Michael Anderson for Defendant Ohio Secretary of State (Anderson, Garrett) |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Ohio Secretary of State. (Yackshaw, Ann) |
| Filing 22 REPLY to Response to Motion re #16 MOTION for Extension of Time to File Answer filed by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association, Julie A Kristenak, Brian C Reid. (Cassady, Andrew) |
| Filing 21 [FILED IN ERROR, PLEASE DISREGARD] RESPONSE to Motion re #16 MOTION for Extension of Time to File Answer filed by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association, Julie A Kristenak, Brian C Reid. (Cassady, Andrew) Modified Docket Text and Security on 4/7/2022 (bjc). |
| Notice of Correction re: #21 Response to Motion, this document was filed using the incorrect filing event. The filer has been contacted and is to re-file the document using the correct filing event. (bjc) |
| Filing 20 RESPONSE in Opposition re #16 MOTION for Extension of Time to File Answer filed by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Rodgers, Cynthia) |
| Filing 19 First MOTION for Reconsideration re #15 Order on Motion to Change Venue,,, Order on Motion to Dismiss,,, Order on Motion to Amend/Correct,,, Order on Motion to Strike,,, Order on Motion for Order to,,, Order on Motion for Default Judgment,,,,, with Proposed Order by Plaintiffs Ken Gazian, Pierre Investments, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Supplement Proposed Order) (Rodgers, Cynthia) |
| Filing 18 NOTICE by Plaintiff Pierre Investments, Inc. re #13 Amended Complaint Civil Cover Sheet (Rodgers, Cynthia) |
| Filing 17 Supplemental Memorandum Supporting Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association, Julie A Kristenak, Brian C Reid. (Attachments: #1 Exhibit Exhibit 1, #2 Text of Proposed Order) (Cassady, Andrew) |
| Filing 16 MOTION for Extension of Time to File Response/Reply New date requested 5/25/2022. by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association, Julie A Kristenak, Brian C Reid. (Attachments: #1 Text of Proposed Order) (Cassady, Andrew) Modified motion type on 3/30/2022 (kl). |
| If this case is referred, it will be to Magistrate Judge Stephanie K. Bowman. (kl) |
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Filing 15
ORDER granting #4 Motion to Change Venue; denying as moot #5 Motion to Dismiss; striking #7 Motion to Amend/Correct and #11 Amended Complaint; denying #8 Motion to Strike and #9 Motion for Order to; denying without prejudice #10 Motion for Default Judgment; denying as moot #12 Motion to Amend/Correct. Furthermore it is ORDERED that this action is TRANSFERRED to the United States District Court for the Southern District of Ohio, Western Division in Cincinnati. Signed by Magistrate Judge Chelsey M. Vascura on 3/25/2022. (daf)
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| Case transferred in from Eastern Division, Columbus Division on 03/25/2022 Case Number 2:21-cv-5312. Case assigned to Judge Timothy S. Black (daf) |
| Filing 14 RESPONSE in Opposition re #10 First MOTION for Default Judgment against Fifth Third Bank, an Ohio banking corporation filed by Defendants Fifth Third Bancorp, Fifth Third Bank, National Association. (Cassady, Andrew) |
| Filing 13 AMENDED COMPLAINT Jury Trial Endorsed Hereon against All Defendants, filed by Pierre Investments, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7) (Rodgers, Cynthia) |
| Filing 12 First MOTION to Amend/Correct by Plaintiff Pierre Investments, Inc.. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7) (Rodgers, Cynthia) |
| Filing 11 STRICKEN per order ECF No #15 *** AMENDED COMPLAINT Jury Trial Endorsed Hereon against Fifth Third Bank, filed by Pierre Investments, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit G, #5 Exhibit J) (Rodgers, Cynthia) Modified text on 3/25/2022 (daf). |
| Filing 10 First MOTION for Default Judgment against Fifth Third Bank, an Ohio banking corporation by Plaintiff Pierre Investments, Inc.. (Rodgers, Cynthia) |
| Filing 9 Proposed MOTION for Order to Proposed Order by Plaintiff Pierre Investments, Inc.. (Rodgers, Cynthia) |
| Filing 8 First MOTION to Strike Motions filed by Bancorp by Plaintiff Pierre Investments, Inc.. (Rodgers, Cynthia) |
| Filing 7 STRICKEN per order ECF No #15 *** First MOTION to Amend/Correct Jury Trial Endorsed Hereon by Plaintiff Pierre Investments, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit D, #4 Exhibit E, #5 Exhibit G, #6 Exhibit J) (Rodgers, Cynthia) Modified text on 3/25/2022 (daf). |
| Filing 6 WAIVER OF SERVICE Returned Executed. Waiver sent to Fifth Third Bank on 1/5/2022, answer due 3/7/2022. (Rodgers, Cynthia) |
| Filing 5 MOTION to Dismiss Plaintiff's Complaint by Defendant Fifth Third Bank. (Attachments: #1 Exhibit Exhibit A) (Cassady, Andrew) |
| Filing 4 MOTION to Change Venue by Defendant Fifth Third Bank. (Cassady, Andrew) |
| Filing 3 NOTICE of Appearance by Andrew Cassady for Defendant Fifth Third Bank (Cassady, Andrew) |
| Filing 2 NOTICE of Appearance by Harry William Cappel for Defendant Fifth Third Bank (Cappel, Harry) |
| Filing 1 COMPLAINT with JURY DEMAND Endorsed Hereon against Fifth Third Bank ( Filing fee $ 402 paid - receipt number: AOHSDC-8591442), filed by Pierre Investments, Inc.. (Attachments: #1 Exhibit) (Rodgers, Cynthia) |
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