Frazier et al v. Fifth Third Bank et al
| Deacon Thomas Frazier |
| Fifth Third Bank, Judge Marcia Thomas and Boone County Jail |
| 1:2022cv00279 |
| May 23, 2022 |
| US District Court for the Southern District of Ohio |
| Michael R Barrett |
| Stephanie K Bowman |
| Karen L Litkovitz |
| Banks and Banking |
| 28 U.S.C. § 1441 Petition for Removal |
| Plaintiff |
Docket Report
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Filing 31
CLERK'S JUDGMENT pursuant to #30 Order signed by Judge Michael R. Barrett on 12/15/2022. (kkz)(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 30
ORDER granting Plaintiff leave to file his #18 Amended Complaint nunc pro tunc; denying as moot Fifth Third Bank's #16 motion to dismiss Plaintiff's (Original) Complaint (filed on July 18, 2022); and granting Fifth Third Bank's #21 motion to dismiss Plaintiff's Amended Complaint (filed on August 15, 2022). Signed by Judge Michael R. Barrett on 12/15/2022. (kkz)(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 29 OFFER OF SETTLEMENT by Plaintiff Deacon Thomas Frazier. (eh) |
| Filing 28 REPLY to Response to Motion re #21 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint filed by Defendant Fifth Third Bank. (Gilley, R.) |
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Filing 26
ORDER denying #25 Plaintiff's Motion for Discovery. Having reviewed this matter, the Court finds Plaintiff's filing to be responsive to both the Court's 9/15/2022 Order to Show Cause #24 and Defendant Fifth Third Bank's Motion to Dismiss Plaintiff's Amended Complaint #21 . Accordingly, the Court hereby RESCINDS the Order to Show Cause #24 . The Clerk of Court is hereby DIRECTED to refile on the docket Plaintiff's instant filing as a response in opposition to Defendant Fifth Third Bank's Motion to Dismiss Plaintiff's Amended Complaint #21 . Defendant shall have fourteen (14) days from the date of this Order in which to file any reply memorandum in support of its motion to dismiss. Signed by Magistrate Judge Stephanie K. Bowman on 10/18/2022. (km)(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 27 RESPONSE in Opposition re #21 Defendant Fifth Third Bank's Motion to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint filed by Plaintiff Deacon Thomas Frazier. (km) |
| Filing 25 MOTION for Discovery by Plaintiff Deacon Thomas Frazier. (bjc) |
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Filing 24
ORDER TO SHOW CAUSE - Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 10/6/2022, why Defendant Fifth Third Bank's Motion to Dismiss Amended Complaint #21 should not be construed as unopposed and granted for the reasons stated. Plaintiff may also satisfy the requirements of this Order by filing a responsive memorandum to Defendant's motion by the 10/6/2022 deadline.Failure to timely comply with this Order will result in the pending motion being granted as unopposed for the reasons stated therein. Show Cause Response due by 10/6/2022. Signed by Magistrate Judge Stephanie K. Bowman on 9/15/2022. (km)(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 23
ORDER granting #22 Plaintiff's Motion to Release Judge Marcia Thomas, Boone County Jail, and Christopher Weist as Defendants in this case; Denying as Moot #10 Defendant Boone County Jail's Motion to Dismiss for Lack of Jurisdiction and #20 Motion to Dismiss for Lack of Jurisdiction; Denying as Moot #11 Defendant Judge Marcia Thomas' Motion to Dismiss for Failure to State a Claim, #15 Motion to Dismiss for Failure to State a Claim, and #19 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge Michael R. Barrett on 9/1/2022. (kkz)(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 22 MOTION to Release Defendants From Case by Plaintiff Deacon Thomas Frazier. (bjc) |
| Filing 21 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint by Defendant Fifth Third Bank. (Gilley, R.) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction by Defendant Boone County Jail. (Mando, Jeffrey) |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim upon which Relief May be Granted by Defendant Judge Marcia Thomas. (Attachments: #1 Text of Proposed Order Proposed Order) (McGrath, Brandon) |
| Filing 18 AMENDED COMPLAINT against Boone County Jail, Fifth Third Bank, Judge Marcia Thomas, filed by Deacon Thomas Frazier. (kl) |
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Filing 17
ORDER TO SHOW CAUSE - Plaintiff is hereby ORDERED TO SHOW CAUSE, in writing on or before 8/22/2022, why Defendant Boone County Jail's Motion to Dismiss #10 should not be construed as unopposed and granted for the reasons stated. Plaintiff may also satisfy the requirements of this Order by filing a responsive memorandum to Defendants motion by the 8/22/2022 deadline. Failure to timely comply with this Order will result in the pending motion being granted as unopposed for the reasons stated therein. Show Cause Response due by 8/22/2022. Signed by Magistrate Judge Stephanie K. Bowman on 7/29/2022. (km)(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 16 MOTION to Dismiss for Lack of Jurisdiction by Defendant Fifth Third Bank. (Gilley, R.) |
| Filing 15 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Judge Marcia Thomas. (Attachments: #1 Exhibit Ex. A Court Order, #2 Exhibit Ex. B Court Docket, #3 Text of Proposed Order) (McGrath, Brandon) |
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NOTATION ORDER granting #14 Defendant Judge Marcia Thomas' Motion for Leave to File Amended Motion to Dismiss with Substituted Exhibit A. Defendant shall electronically file her amended motion to dismiss with exhibits with the Court forthwith. Signed by Magistrate Judge Stephanie K. Bowman on 7/8/2022. (km)(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 14 MOTION to Amend/Correct #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Defendant Judge Marcia Thomas. (Attachments: #1 Exhibit Ex. 1 - Amended Motion to Dismiss, #2 Exhibit SUBSTITUTED Ex. A to MTD - updated court record, #3 Exhibit Original Ex. B to MTD - Forcible Detainer Docket, #4 Text of Proposed Order) (McGrath, Brandon) |
| Filing 13 Corporate Disclosure Statement by Defendants Fifth Third Bank, Fifth Third Bancorp identifying Corporate Parent Fifth Third Bancorp for Fifth Third Bank.. (Gilley, R.) |
| Filing 12 STIPULATION Extending Time to Answer by Defendant Fifth Third Bank. (Gilley, R.) |
| Reset Deadlines: Fifth Third Bank answer due 7/19/2022 per Doc. #12 . (bjc) |
| Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 7/25/2022) by Defendant Judge Marcia Thomas. (Attachments: #1 Exhibit 2019 Harassing Communications Docket, #2 Exhibit 2019 Forcible Detainer Docket, #3 Text of Proposed Order) (McGrath, Brandon) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Defendant Boone County Jail. (Mando, Jeffrey) |
| Filing 9 SUMMONS Returned Executed as to Defendant Boone County Jail. Boone County Jail served on 6/10/2022, answer due 7/1/2022. (bjc) |
| Filing 8 SUMMONS Returned Executed as to Defendant Fifth Third Bank. Fifth Third Bank served on 6/13/2022, answer due 7/5/2022. (bjc) |
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NOTATION ORDER granting #6 Plaintiff's Motion to Include Documents to the extent that the documents attached to the instant motion previously filed in Hamilton County Municipal Court, Small Claims Division are accepted as part of the record in this matter. Signed by Magistrate Judge Stephanie K. Bowman on 6/14/2022. (km)(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 7 SUMMONS Returned Executed as to Defendant Judge Marcia Thomas. Judge Marcia Thomas served on 6/10/2022, answer due 7/1/2022. (bjc) |
| Filing 6 MOTION to Include Documents by Plaintiff Deacon Thomas Frazier. (bjc) |
| Filing 5 CERTIFICATE of Clerk: Certified mailing of summons and complaint through the Clerk's Office pursuant to Local Rule 4.2. (Attachments: #1 Certified Mail Receipts) (kl) |
| Filing 4 Summons Issued as to Boone County Jail, Fifth Third Bank, Judge Marcia Thomas. (bjc) |
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Filing 3
ORDER - The Honorable Karen L. Litkovitz hereby recuses herself from the above-captioned case and hereby transfers the referral of this matter to the docket of Magistrate Judge Stephanie K. Bowman for further proceedings. Signed by Magistrate Judge Karen L. Litkovitz on 05/31/2022. (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 2 Filing fee: $ 402.00, receipt number 100CIN044347. (kh) |
| Filing 1 COMPLAINT with JURY DEMAND against Boone County Jail, Fifth Third Bank, Judge Marcia Thomas, filed by Deacon Thomas Frazier. (Attachments: #1 Civil Cover Sheet, #2 Filing Fee Receipt) (kh) |
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