Shehee v. Kings Furniture, et al
| kevin shehee and Kevin L. Shehee |
| SYNCHRONY BANK, Better Business Bureau, Inc, CT Corporation System, JAM & MASH Investment, Inc., Kings Furniture and Better Business Bureau |
| 3:2021cv00274 |
| September 30, 2021 |
| US District Court for the Southern District of Ohio |
| Michael R Merz |
| Sharon L Ovington |
| Walter H Rice |
| Contract: Other |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2022. A more recent docket listing may be available from PACER.
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***Civil Case Terminated. (pb)
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Filing 42
DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. #23 ) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #34 ); OVERRULING IN PART AND SUSTAINING IN PART PLAINTIFF'S OBJECTIONS THERETO (DOC. #31 ); REJECTING REPORT AND RECOMMENDATIONS ON MOTION TO DISMISS (DOC. #29 ) AND SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #39 ); OVERRULING IN PART AND SUSTAINING IN PART PLAINTIFF'S OBJECTIONS THERETO (DOCS. # #32 , #40 ); OVERRULING DEFENDANT SYNCHRONY BANK'S MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT (DOC. #11 ); SUSTAINING PLAINTIFF'S MOTION FOR EXTENSION OF TIME TO SERVE COMPLAINT (DOC. #35 ); GRANTING PLAINTIFF 60 DAYS TO PERFECT SERVICE; SUSTAINING PLAINTIFF'S MOTION TO REMAND (DOC. #36 ); REMANDING CASE TO MONTGOMERY COUNTY COURT OF COMMON PLEAS; RESERVING RULING ON PLAINTIFF'S OBJECTIONS TO DECISION AND ORDER DENYING DISQUALIFICATION OF DEFENDANT'S COUNSEL (DOC. #30 );TERMINATION ENTRY. Signed by Judge Walter H. Rice on 9/27/2022. (srb)(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 41
RESPONSE in Opposition re #39 REPORT AND RECOMMENDATIONS re #34 REPORT AND RECOMMENDATIONS re #23 REPORT AND RECOMMENDATIONS re #17 MOTION filed by Kevin L. Shehee, #29 REPORT AND RECOMMENDATIONS re #11 MOTION to Dismiss Plaintiff's Amended Complaint fil filed by Defendant Synchrony Bank. (Columbus, Michael)
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Filing 40
OBJECTION to #39 Report and Recommendations by Plaintiff Kevin L. Shehee. (pb)
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Filing 39
SECOND SUPPLEMENTAL REPORT AND RECOMMENDATION. Objections to R&R due by 7/1/2022. Signed by Magistrate Judge Michael R. Merz on 6/17/2022. (srb)(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 38
RESPONSE in Opposition re #36 MOTION to Remand filed by Defendant Synchrony Bank. (Columbus, Michael)
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Filing 37
RESPONSE in Opposition re #35 MOTION for Extension of Time New date requested 7/11/2022. filed by Defendant Synchrony Bank. (Columbus, Michael)
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Filing 36
MOTION TO REMAND STATE RELATED CLAIMS BACK TO STATE OF OHIO JURISDICTION by Plaintiff Kevin L. Shehee. (srb)
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Filing 35
MOTION TO FOR EXTENSION OF TIME TO SERVE COMPLAINT IN PURSUANT TO FED. CIVIL RULE 4(i)(m). New date requested 7/11/2022. by Plaintiff Kevin L. Shehee. (srb)
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Filing 34
ORDER DISMISSING FAIR DEBT COLLECTION PRACTICES CLAIM; SUPPLEMENTAL REPORT AND RECOMMENDATION. Objections to R&R due by 5/16/2022. Signed by Magistrate Judge Michael R. Merz on 5/1/2022. (kpf)(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 33
RECOMMITTAL ORDER - This case is before the Court on Plaintiff's Objections (ECF Nos. #31 , #32 ) to the Magistrate Judge's Report and Recommendations (ECF No. #23 , #29 ) and Plaintiff's Objections (ECF No. #30 ) to the Magistrate Judge's Decision and Order Denying Disqualification of Defense Counsel (ECF No. #26 ). The District Judge has preliminarily considered the Objections and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections (ECF Nos. #31 , #32 ) and making supplemental recommendations based on that analysis and to also file a supplemental decision analyzing the Objections (ECF No. #26 ) and making a finding based on that analysis. Signed by Judge Walter H. Rice on 4/25/2022. (srb)(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 32
OBJECTION to #29 Magistrate's Report and Recommendation pursuant to Federal Rule 72(b)(2) by Plaintiff, Kevin L. Shehee. (bjr)
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Filing 31
OBJECTION TO MAGISTRATE REPORT AND RECOMMENDATION (RE: #23 Report and Recommendations) IN PURSUANT TO FEDERAL RULE 72(b)(2) by Plaintiff Kevin L. Shehee. (srb)
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Filing 30
OBJECTION TO MAGISTRATE DECISION AND ORDER DENYING DISQUALIFICATION OF DEFENDANTS' COUNSEL by Plaintiff Kevin L. Shehee. (srb)
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Filing 29
REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that the Complaint herein be dismissed without prejudice for lack of service of process. Objections to R&R due by 4/25/2022. Signed by Magistrate Judge Michael R. Merz on 4/11/2022. (kpf)(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 28
Notation ORDER granting #27 Motion to Withdraw as Attorney. Attorneys David A Wallace and Ibom terminated. Attormney Michael Columbus is designated as trial attorney under the local rules.. Signed by Magistrate Judge Michael R. Merz on 03/31/2022. (MRM)
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Filing 27
MOTION to Withdraw as Attorney by Defendant Synchrony Bank. (Wallace, David)
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Filing 26
DECISION AND ORDER DENYING DISQUALIFICATION OF DEFENSE COUNSEL #16 . Signed by Magistrate Judge Michael R. Merz on 3/31/2022. (kpf)(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 25
Notation ORDER finding as moot #17 Motion remand to state court: issue dealt with in pending Report and Recommendation. Signed by Magistrate Judge Michael R. Merz on 03/31/2022. (MRM)
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Filing 24
Notation ORDER finding as moot #20 Motion for speedy disposition, given pending Report on removal jurisdiction. Signed by Magistrate Judge Michael R. Merz on 03/31/2022. (MRM)
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Filing 23
REPORT AND RECOMMENDATIONS -The Magistrate Judge concludes Plaintiff's objections to removal should be OVERRULED. Objections to R&R due by 4/13/2022. Signed by Magistrate Judge Michael R. Merz on 3/30/2022. (kpf)(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
TRANSFER ORDER - With the consent of both of them, the Magistrate Judge reference in the above case is hereby transferred from The Honorable Caroline H. Gentry to The Honorable Michael R. Merz. Signed by Magistrate Judge Michael R. Merz on 3/29/2022. (kpf)(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 21
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Caroline H. Gentry for all further proceedings. Magistrate Judge Sharon L. Ovington no longer assigned to case. Signed by Chief Judge Algenon L. Marbley on 2/8/22. (jcw)(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 20
MOTION FOR DISPOSITION PURSUANT TO FEDERAL LOCAL RULE 7.1(3) by Plaintiff Kevin L. Shehee. (Attachments: #1 Exhibit A-J) (srb)
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Filing 19
Reply to re #18 Response in Opposition to Motion by Plaintiff, Kevin L. Shehee. (bjr)
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Filing 18
RESPONSE in Opposition re #16 MOTION filed by Defendant Synchrony Bank. (Columbus, Michael)
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Filing 17
MOTION TO RESOLVE COURT'S JURISDICTION QUESTION OF THIS ACTION by Plaintiff Kevin L. Shehee. (pb)
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Filing 16
MOTION TO RESOLVE ATTORNEY- CLIENT CONFLICT by Plaintiff Kevin L. Shehee. (pb)
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Filing 15
REPLY to Response to Motion re #11 MOTION to Dismiss Plaintiff's Amended Complaint filed by Defendant Synchrony Bank. (Columbus, Michael)
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Filing 14
NOTICE of Appearance by Michael Thomas Columbus for Defendant Synchrony Bank (Columbus, Michael)
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Filing 13
RESPONSE to Motion re #11 MOTION to Dismiss Plaintiff's Amended Complaint filed by Plaintiff Kevin L. Shehee. (Entitled Motion Unopposing Defendant's Motion to Dismiss Federal Base Claim.) (bjr)
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Filing 12
NOTICE TO PRO SE PLAINTIFF OF MOTION TO DISMISS - You are hereby notified that Defendant Synchrony Bank filed a Motion to Dismiss on October 28, 2021. (Doc. No. #11 ). You should receive a copy of the Motion directly from Defendant. Your response must be filed with the Court not later than November 22, 2021. If you fail to file a timely response, Defendants Motion to Dismiss may be granted and your case dismissed. Signed by Magistrate Judge Sharon L. Ovington on 10/29/2021. (srb)(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 of Correction re: 10 MOTION to Dismiss Plaintiff's Amended Complaint. Document 10 is incomplete and will be restricted. Corrected document has been filed See #11 . No further action required. (jmb)
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Filing 11
MOTION to Dismiss Plaintiff's Amended Complaint by Defendant Synchrony Bank. (Wallace, David)
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Filing 9
Response /Opposition to Plaintiff's Objection Removal by Defendant Synchrony Bank. (Attachments: #1 Exhibit A - Court State Docket, #2 Exhibit B - Notice of Non-Service) (Wallace, David)
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NOTATION ORDER granting #7 Motion for Extension of Time to File a Response to Complaint filed by Defendant Synchrony Bank. Defendant Synchrony Bank's response due 10/28/21. In addition, Defendant Synchrony Bank is ORDERED to file a response as to #8 Plaintiff's Objection to Removal of State Civil Action within 21 days. Signed by Magistrate Judge Sharon L. Ovington on 10-6-21. (zcc)(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 8
OBJECTION TO REMOVAL OF STATE CIVIL ACTION U.S. COURT LACK JURISDICTION by Plaintiff, Kevin L. Shehee. (bjr)
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Filing 7
MOTION for Extension of Time to File Answer re #3 Amended Complaint, New date requested 10/28/2021. by Defendant Synchrony Bank. (Wallace, David)
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Filing 6
Corporate Disclosure Statement by Defendants Synchrony Bank, Synchrony Financial identifying Corporate Parent Synchrony Financial for Synchrony Bank.. (Wallace, David)
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Filing 5
NOTICE by Defendant Synchrony Bank re #1 Notice of Removal, Supplemental Civil Cover Sheet (Wallace, David)
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Filing 4
PRELIMINARY PRETRIAL CONFERENCE ORDER - In accordance with mandates of Fed. R. Civ. P. 26(f), the parties must meet and confer in order to file their 26(f) Report by November 1, 2021. Signed by Magistrate Judge Sharon L. Ovington on 10/4/21. (pb)(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 3
(Copy of) AMENDED COMPLAINT against Better Business Bureau, Inc, CT Corporation System, JAM & MASH Investment, Inc., and Synchrony Bank, filed by Kevin L. Shehee. Originally filed in the Montgomery County Common Pleas Court on 09/28/2021, Case No. 2021 CV 3582). (jmb) (Main Document 3 replaced on 10/4/2021) (bjr).
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Filing 2
(Copy of) COMPLAINT with JURY DEMAND against Better Business Bureau, Inc., CT Corporation System, JAM & MASH Investment, Inc., and Synchrony Bank, filed by Kevin L. Shehee. (Originally filed in the Montgomery County Common Pleas Court on 08/21/2021, Case No. 2021 CV 3582). (jmb)
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Notice of Correction re: #1 Notice of Removal. Along with the Original Complaint filed in Common Pleas Court, Service forms (Summons), Corporate Disclosure Statement (ONLY if the Defendants are a corporation), Answers (if filed in state court), any PENDING motions, and Civil Cover Sheet, removing Counsel is to file with this Court a Supplemental Cover Sheet (which can be located at https://www.ohsd.uscourts.gov/ohio-southern-district-forms) pursuant to 28 U.S.C. 1446 (a). (jmb)
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Filing 1
NOTICE OF REMOVAL from Montgomery County Common Pleas Court, case number 2021 CV 03582 ( Filing fee $ 402 paid - receipt number: AOHSDC-8522150), filed by SYNCHRONY BANK. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Ex A Summons and Complaint, #3 Exhibit Ex B Service of Process, #4 Exhibit Ex C Amended Complaint, #5 Exhibit Ex D State Court Notice of Removal) (Wallace, David)
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