Wells Fargo Bank NA v. LaSalle Bank National Association
Plaintiff: Wells Fargo Bank NA
Defendant: LaSalle Bank National Association
Case Number: 3:2007cv00449
Filed: November 20, 2007
Court: US District Court for the Southern District of Ohio
Office: Dayton Office
County: MONTGOMERY
Presiding Judge: Walter H Rice
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
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Date Filed Document Text
January 17, 2011 Opinion or Order Filing 477 Notation ORDER granting in part and denying in part 454 Motion to Strike. Signed by Magistrate Judge Michael R Merz on 1/17/2011. (mrm0)
October 30, 2010 Opinion or Order Filing 442 ORDER regarding designations in the depositions of Jackie Trojanowsky. Signed by Magistrate Judge Michael R Merz on 10/30/2010. (mrm0)
October 29, 2010 Opinion or Order Filing 433 DECISION AND ORDER ON DEFENDANT'S MOTION IN LIMINE - This case is before the Court on LaSalle's Motion In Limine (Doc. No. 401). Wells Fargo has opposed the Motion (Doc. No. 406) and LaSalle has filed a Reply in Support (Doc. No. 409). The Motion is granted insofar as it seeks to preclude Plaintiff from calling to testify at trial Defendant's attorneys Lorianne Fuhrer, Stephanie union, Gregory Markel, Jason Halper, and Lauren U.Y. Lee. All other issues presented by the Motion are reserved for ruling at trial. Signed by Magistrate Judge Michael R Merz on 10/29/2010. (kpf1)
October 28, 2010 Opinion or Order Filing 428 DECISION AND ORDER GRANTING DEFENDANT'S MOTION TO QUASH TRIAL SUBPOENAS - Defendant's Motion to Quash Plaintiff's Trial Subpoenas and for Attorney Fees (Doc. No. 392) is granted. In reaching this decision, the Court has not relied on Defendant's argument that enforcing the subpoenas would be equivalent to reopening discovery. Signed by Magistrate Judge Michael R Merz on 10/28/2010. (kpf1)
July 19, 2010 Opinion or Order Filing 390 DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION IN LIMINE 384 . The Court confirms that this case is set for status conference on July 28, 2010, to set the trial on damages. Signed by Magistrate Judge Michael R Merz on 7/17/2010. (gh1)
October 27, 2009 Opinion or Order Filing 300 DECISION AND ORDER regarding LaSalle's Renewed Motion in Limine (Doc. No. 246). Signed by Magistrate Judge Michael R Merz on 10/27/2009. (kpf1)
October 9, 2009 Opinion or Order Filing 285 DECISION REGARDING DESIGNATIONS IN THE DEPOSITION OF TINA MULCAHY. Signed by Magistrate Judge Michael R Merz on 10/9/2009. (kpf1)
October 7, 2009 Opinion or Order Filing 280 DECISION REGARDING DESIGNATIONS IN THE DEPOSITION OF DALE KLESZYNSKI. Signed by Magistrate Judge Michael R Merz on 10/7/2009. (kpf1)
October 6, 2009 Opinion or Order Filing 277 DECISION REGARDING DESIGNATIONS IN THE DEPOSITION OF LAWRENCE GROSSMAN. Signed by Magistrate Judge Michael R Merz on 10/6/2009. (kpf1)
October 5, 2009 Opinion or Order Filing 271 DECISION REGARDING DESIGNATIONS IN THE DEPOSITION OF BRIAN FETTEROLF. Signed by Magistrate Judge Michael R Merz on 10/5/2009. (kpf1)
September 29, 2009 Opinion or Order Filing 264 DECISION REGARDING DESIGNATIONS IN THE DEPOSITION OF MARK TAENNIS. Signed by Magistrate Judge Michael R Merz on 9/29/2009. (kpf1)
September 11, 2009 Opinion or Order Filing 245 DECISION REGARDING DESIGNATIONS IN THE DEPOSITION OF PATRICIA RUBIN. Signed by Magistrate Judge Michael R Merz on 9/11/2009. (kopf1, )
September 8, 2009 Opinion or Order Filing 239 ORDER TO FILE PROPOSED JURY INSTRUCTIONS AND SPECIAL VERDICT FORMS - It is ordered that the parties file their proposed jury instructions not later than September 25, 2009. In addition to filing them with the Clerk through the usual electronic case f iling system, the parties shall email a copy to the Court at michael_merz@ohsd.uscourts.gov in either WordPerfect or Word format. Each party shall file its objections to its opponent's proposed instructions and special verdict forms not later than September 30, 2009. The proposing party may file a reply memorandum in support not later than October 5, 2009. Signed by Magistrate Judge Michael R Merz on 9/8/2009. (kopf1, )
September 4, 2009 Opinion or Order Filing 238 ORDER SETTING BRIEFING SCHEDULE ON PENDING AND FUTURE MOTIONS - To ensure that any pre-trial rulings are promptly made, it is hereby ORDERED that any memorandum in opposition to a motion shall be filed not later than five calendar days after the moti on is filed and any reply memorandum in support shall be filed not later than three calendar days after the memorandum in opposition, anything in Fed. R. Civ. P. 6 or S. D. Ohio Civ. R. 7.2 to the contrary notwithstanding. Currently pending for decis ion are Wells Fargo's Motion to Exclude (Doc. No. 215) which is ripe. Also pending are LaSalle's Motions to Permit Mention (Doc. No. 233), to Permit Own Deposition (Doc. No. 234), and to Exclude Testimony Relating to Resolved Issues (Doc. N o. 236). Wells Fargo's memoranda in opposition to these three Motions shall be filed not later than September 11, 2009; LaSalle's reply memoranda shall be filed not later than three days after the memoranda in opposition. Signed by Magistrate Judge Michael R Merz on 9/4/2009. (kopf1, )
August 13, 2009 Opinion or Order Filing 229 DECISION AND ORDER VACATING TRIAL DATE - The trial date of August 24, 2009, is VACATED. Counsel shall consult with each other as to their respective availability for the projected two-week trial and communicate their availability to the Court by email as promptly as possible. Signed by Magistrate Judge Michael R Merz on 8/13/2009. (kopf1, )
August 10, 2009 Opinion or Order Filing 222 DECISION AND ORDER DENYING MOTION OF DEFENDANT TO EXCLUDE ROY OWEN AS AN EXPERT WITNESS FOR FAILURE TO PRODUCE AN EXPERT REPORT. Signed by Magistrate Judge Michael R Merz on 8/7/2009. (kopf1, )
August 6, 2009 Opinion or Order Filing 219 DECISION AND ORDER granting in part and denying in part 118 PLAINTIFF'S CONSOLIDATED MOTION IN LIMINE. Signed by Magistrate Judge Michael R Merz on 8/6/2009. (gh1, )
July 30, 2009 Opinion or Order Filing 189 AGREED ORDER FOR A PROCEDURE TO DETERMINE PLAINTIFF'S REMEDIES IF LIABILITY IS FOUND - After conferring, the parties hereby agree as follows on a procedure for determination by the Court of the remedy to which Wells Fargo is entitled if the jury determines that LaSalle is liable on one or more of the claims asserted by Wells Fargo in this action: 1. The jury will hear evidence relevant to and determine: (i) whether LaSalle breached any of the representations and warranties set forth in the Mortgage Loan Purchase Agreement ("MLPA"), dated as of March 30, 2006, as such representations and warranties are identified in Wells Fargo's Second Amended Complaint; and (ii) whether any such breach caused the requisite material and adverse effect required for liability under the MLPA; 2. If the jury returns a verdict finding that LaSalle is liable on one or more of Wells Fargo's claims as described in paragraph 1(i) and 1(ii) above, the Court will determine whether the app ropriate remedy is specific performance or money damages; 3. Once the jury and the Court have determined the issues set forth in paragraphs 1 and 2, the Court will schedule a separate proceeding to determine the appropriate specific performance reme dy or calculation of damages, as the case may be. At such proceeding, the parties reserve the right to present all arguments and evidence relevant to the appropriate specific performance remedy or calculation of damages; and By this stipulation, the parties hereby waive any right they may have to a jury trial on the issues set forth in Paragraph 3. Signed by Magistrate Judge Michael R Merz on 729/2009. (kopf1, )
July 24, 2009 Opinion or Order Filing 187 DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO COMPEL - This case is before the Court on Plaintiff's Motion to Compel Responses to Discovery Requests, or Alternatively, Motion for Sanctions for Failure to Supplement [responses to] Discove ry Requests and Motion for Sanctions for Spoliation of Electronic Evidence (Doc. No. 155). Plaintiff's Motion to Compel is denied. The cross-requests for expenses and attorney fees are also denied. The Court finds the parties could have avoided the expenses of this Motion by conferring appropriately early in the case about ESI. Signed by Magistrate Judge Michael R Merz on 7/24/2009. (kopf1, )
July 8, 2009 Opinion or Order Filing 179 ORDER VACATING NOTATION ORDER AND RESTORING MOTION TO DOCKET - It is ORDERED that the Notation Order of April 14, 2009, be, and it hereby is,vacated and the Clerk is ordered to restore it to the active Motions List. For the sake of completeness, the Court hereby advises counsel for all parties that the Motions List generated by the CM/ECF system shows as pending the following matters: Doc. Nos. 78, 115, 117, 118, 119, 145, and 155. Counsel shall advise the Court as promptly as possible if they believe any other motions are pending, whether or not the motion is ripe for decision. Signed by Magistrate Judge Michael R Merz on 7/8/2009. (kopf1, )
July 7, 2009 Opinion or Order Filing 177 DECISION AND ORDER DENYING PLAINTIFF'S MOTION TO PRECLUDE EXPERT OPINION BY DEFENDANT'S EXPERT - Given that the Court expressly provided for rebuttal expert reports in the Scheduling Order and that Mr. Abshier's opinions on Representat ion and Warranty 6 and 13 were fully disclosed to Plaintiff before Abshier was deposed, the Court finds no prejudice from allowing LaSalle to rely on its interpretation. The Motion in Limine is denied. Signed by Magistrate Judge Michael R Merz on 7/7/2009. (kopf1, )
July 6, 2009 Opinion or Order Filing 175 DECISION AND ORDER DENYING LASALLE'S MOTION FOR RECONSIDERATION OF THE COURT'S ORDER ALLOWING SUPPLEMENTATION OF WELLS FARGO'S LAY WITNESS LIST - This case is before the Court on Defendant LaSalle's Motion for Reconsideration (Doc . No.143) of the Court's Notation Order granting Wells Fargo's Motion to Supplement (Doc. No. 121) its identification of lay witnesses by adding Pauline Olon, a records custodian from Dayton Power & Light Company. Having considered the moti on papers, the Court denies the Motion for Reconsideration without prejudice to its ruling on the proper scope of her testimony in ruling on LaSalle's pending motion in limine in that regard. Signed by Magistrate Judge Michael R Merz on 7/6/2009. (kopf1, )
April 14, 2009 Opinion or Order Filing 153 DECISION AND ORDER DENYING MOTION TO COMPEL - Plaintiff's Motion to Compel production of a document referred to as the Property Condition Assessment Guidelines (Doc. No. 66) is DENIED. Signed by Magistrate Judge Michael R Merz on 4/14/2009. (kopf1, )
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Plaintiff: Wells Fargo Bank NA
Represented By: Dianne Frances Marx
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Defendant: LaSalle Bank National Association
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