CFP Acquisitions, Inc. v. Rhoades et al
Plaintiff: CFP Acquisitions, Inc.
Defendant: C David Rhoades and Fifth Third Bank
Case Number: 4:2018cv00602
Filed: November 20, 2018
Court: US District Court for the Northern District of Oklahoma
Presiding Judge: Claire V Eagan
Referring Judge: Jodi F Jayne
2 Judge: Terence Kern
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 10, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 10, 2020 Filing 39 TRANSCRIPT ORDER FORM (Transcripts are not necessary or are already on file ) (Re: #34 Notice of Appeal to Circuit Court, ) by CFP Acquisitions, Inc. (Creekmore, Thomas)
August 10, 2020 Filing 38 CLERK'S RECORD on Appeal Sent to Circuit Court (Re: #34 Notice of Appeal to Circuit Court, ) (dlg, Dpty Clk)
July 31, 2020 Opinion or Order Filing 37 ORDER from Circuit Court record is complete by 08/07/2020 for Mark C. McCartt, Clerk of Court (Re: #34 Notice of Appeal to Circuit Court, ) (alg, Dpty Clk)
July 16, 2020 Filing 36 APPEAL NUMBER INFORMATION from Circuit Court assigning Case Number 20-5073 (#34) (Re: #34 Notice of Appeal to Circuit Court, ) (sc, Dpty Clk)
July 16, 2020 Filing 35 PRELIMINARY RECORD Sent to Circuit Court (Re: #34 Notice of Appeal to Circuit Court, ) (With attachments) (sac, Dpty Clk)
July 15, 2020 Filing 34 NOTICE OF APPEAL to Circuit Court (paid $505 appeal fee; receipt number AOKNDC-2234386) (Re: #33 Judgment,, Entering Judgment, #32 Opinion and Order, Ruling on Motion to Dismiss for Failure to State a Claim ) by CFP Acquisitions, Inc. (Creekmore, Thomas)
June 17, 2020 Filing 33 JUDGMENT by Judge Terence Kern , entering judgment in favor of Defendants against Plaintiff (terminates case) (Documents Terminated: #27 MOTION for Hearing to Set Scheduling Order, #25 MOTION for Leave to File Supplemental Response in Opposition to Motion to Dismiss ) (lmc, Chambers)
June 17, 2020 Opinion or Order Filing 32 OPINION AND ORDER by Judge Terence Kern ; granting #16 Motion to Dismiss for Failure to State a Claim (lmc, Chambers)
June 17, 2020 ***Civil Case Terminated (see document number #33 ) (sac, Dpty Clk)
May 21, 2020 Filing 31 WAIVER of Service of Summons sent to C David Rhoades Returned Executed (Re: #12 Amended Complaint ) by CFP Acquisitions, Inc. (Creekmore, Thomas) Modified on to change text to reflect person waiver was sent to 5/21/2020 (sac, Dpty Clk).
May 21, 2020 NOTICE of Docket Entry Modification; Error: wrong party selected for waiver; Correction: changed text to reflect correct party that waived service (Re: #31 Waiver of Service Executed ) (sac, Dpty Clk)
May 6, 2020 Filing 30 REPLY to Response to Motion (Re: #27 MOTION for Hearing to Set Scheduling Order ) by CFP Acquisitions, Inc. ; (Creekmore, Thomas)
May 6, 2020 Filing 29 SUMMONS Issued by Court Clerk as to C David Rhoades (alg, Dpty Clk)
April 18, 2020 Filing 28 RESPONSE in Opposition to Motion (Re: #27 MOTION for Hearing to Set Scheduling Order ) by Fifth Third Bank ; (Kindelt, Mary)
April 1, 2020 Filing 27 MOTION for Hearing to Set Scheduling Order by CFP Acquisitions, Inc. (Creekmore, Thomas)
October 22, 2019 Filing 26 RESPONSE in Opposition to Motion (Re: #25 MOTION for Leave to File Supplemental Response in Opposition to Motion to Dismiss ) by Fifth Third Bank ; (Kindelt, Mary)
October 1, 2019 Filing 25 MOTION for Leave to File Supplemental Response in Opposition to Motion to Dismiss (Re: #24 Reply to Response to Motion, #20 Response in Opposition to Motion, #16 MOTION to Dismiss for Failure to State a Claim ) by CFP Acquisitions, Inc. (Creekmore, Thomas)
September 19, 2019 Filing 24 REPLY to Response to Motion (Re: #16 MOTION to Dismiss for Failure to State a Claim ) by Fifth Third Bank ; (Kindelt, Mary)
September 5, 2019 Opinion or Order Filing 23 MINUTE ORDER by Judge Terence Kern - Defendant Fifth Third Bank's Unopposed Motion for Extension to File Reply Memorandum in Support of Motion to Dismiss (Doc. 22) is GRANTED. Reply is due on or before September 19, 2019. ; setting/resetting deadline(s)/hearing(s): ( Replies due by 9/19/2019); granting #22 Motion for Extension of Time to Reply to Motion Response (Re: #16 MOTION to Dismiss for Failure to State a Claim ) (This entry is the Official Order of the Court. No document is attached.) (lmc, Chambers)
September 5, 2019 NOTICE of Docket Entry Modification; Error: wrong event selected (Motion to Accelerate/Extend/Reset Settlement Deadlines/Conference); Correction: changed event (Motion for Extension of Time to Reply to Motion Response) (Re: #22 MOTION for Extension of Time to Reply to Motion Response ) (sac, Dpty Clk)
September 4, 2019 Filing 22 Unopposed MOTION for Extension of Time to Reply to Motion Response (Re: #20 Response in Opposition to Motion, #16 MOTION to Dismiss for Failure to State a Claim ) by Fifth Third Bank (Kindelt, Mary) Modified on 9/5/2019 to change event (sac, Dpty Clk).
August 26, 2019 Filing 21 CERTIFICATE of Service (Re: #20 Response in Opposition to Motion ) by CFP Acquisitions, Inc. (Creekmore, Thomas)
August 23, 2019 Filing 20 RESPONSE in Opposition to Motion to Dismiss, and Motion to Strike Insufficient Defenses (Re: #16 MOTION to Dismiss for Failure to State a Claim ) by CFP Acquisitions, Inc. ; (Creekmore, Thomas)
August 2, 2019 Opinion or Order Filing 19 MINUTE ORDER by Judge Terence Kern - Plaintiff CFP Acquisitions, Inc.'s Unopposed Motion to Extend Deadline to Respond to Fifth Third Bank's Motion to Dismiss (Doc. 17) is GRANTED. Plaintiff may respond to Defendant's Motion to Dismiss on or before August 22, 2019. Defendant may file a reply on or before September 5, 2019. ; setting/resetting deadline(s)/hearing(s): ( Responses due by 8/22/2019, Replies due by 9/5/2019); granting #18 Motion for Extension of Time to Respond to Motion (Re: #16 MOTION to Dismiss for Failure to State a Claim ) (This entry is the Official Order of the Court. No document is attached.) (lmc, Chambers)
August 1, 2019 Filing 18 MOTION for Extension of Time to Respond to Motion (Re: #16 MOTION to Dismiss for Failure to State a Claim ) by CFP Acquisitions, Inc. (Creekmore, Thomas)
August 1, 2019 Filing 17 MOTION for Extension of Time to Respond to Motion (Re: #16 MOTION to Dismiss for Failure to State a Claim ) by CFP Acquisitions, Inc. ; (Creekmore, Thomas) Modified on 8/2/2019 to change event (sac-qc, Dpty Clk).
July 12, 2019 Filing 16 MOTION to Dismiss for Failure to State a Claim by Fifth Third Bank (Kindelt, Mary)
June 27, 2019 Opinion or Order Filing 15 ORDER by Judge Terence Kern - Eric W. Richardson and Victor A. Walton, Jr. are admitted Pro Hac Vice for Defendant Fifth Third Bank ; ; granting #13 Motion for Admission Pro Hac Vice; granting #14 Motion for Admission Pro Hac Vice (lmc, Chambers)
June 26, 2019 Filing 14 MOTION for Attorney(s) Victor A. Walton to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number 1085-2072415) by Fifth Third Bank (Kindelt, Mary)
June 26, 2019 Filing 13 MOTION for Attorney(s) Eric W. Richardson to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number 1085-2072409) by Fifth Third Bank (Kindelt, Mary)
April 19, 2019 Filing 12 First AMENDED COMPLAINT with Jury Demand against Fifth Third Bank, C David Rhoades (Re: State Court Petition/Complaint ) by CFP Acquisitions, Inc. (Creekmore, Thomas)
April 19, 2019 Filing 11 MINUTE ORDER by Court Clerk , Having reviewed the docket entry and/or PDF for Dkt #10, the Court has determined that the wrong event was used. Attorney Thomas A Creekmore III is hereby directed to re-file using the correct event (Amended Complaint) in addition to selecting the proper "against" party forthwith. (Re: #10 Complaint, ) (This entry is the Official Order of the Court. No document is attached.) (sac-qc, Dpty Clk)
April 18, 2019 Filing 10 COMPLAINT with Jury Demand against CFP Acquisitions, Inc. (First Amended) by CFP Acquisitions, Inc. (Creekmore, Thomas) Modified on 4/19/2019 - ENTERED IN ERROR - wrong event used; wrong "against" party selected - counsel directed to refile document (sac-qc, Dpty Clk).
December 3, 2018 Filing 9 CORPORATE DISCLOSURE STATEMENT by CFP Acquisitions, Inc. (Creekmore, Thomas)
November 28, 2018 Filing 8 MINUTE ORDER by Court Clerk: Having been determined by the Court that reassignment of the U.S. District Judge would serve the interest of judicial economy, this case is hereby reassigned from Claire V. Eagan, U.S. District Judge, to Terence Kern, U.S. District Judge, as this case is related to the receivership matter in case number 15-CV-631-TCK-FHM. The case shall now be styled with the new case number: 18-CV-602-TCK-JFJ, and all files and pleadings should be marked accordingly., reassigning case to Judge Terence Kern, Judge Claire V Eagan no longer assigned to case, changing case number to 18-CV-602-TCK-JFJ (This entry is the Official Order of the Court. No document is attached.) (djh, Dpty Clk)
November 26, 2018 Filing 7 MINUTE ORDER by Court Clerk , directing CFP Acquisitions, Inc. and Fifth Third Bank to file a Corporate Disclosure Statement pursuant to FRCvP 7.1 within seven (7) days of this order, if they have not already done so. The parties shall use the form entitled Corporate Disclosure Statement available on the Courts website (please do not refile if already filed on non-court form unless directed to do so). If you have already filed your Corporate Disclosure Statement in this case, you are reminded to file a Supplemental Corporate Disclosure Statement within a reasonable time of any change in the information that the statement requires. (This entry is the Official Order of the Court. No document is attached.) (jln, Dpty Clk)
November 20, 2018 Filing 6 CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Fifth Third Bankcorp, Corporate Parent Fifth Third Financial Corporation for Fifth Third Bank) by Fifth Third Bank (dlg, Dpty Clk)
November 20, 2018 Filing 5 STATUS REPORT on Removed Action by Fifth Third Bank (dlg, Dpty Clk)
November 20, 2018 Filing 4 FILING FEES Paid in Full by Fifth Third Bank (dlg, Dpty Clk)
November 20, 2018 Filing 3 NOTICE of Removal from Tulsa Cty Dist Ct, case number CJ-18-1945 by Fifth Third Bank (dlg, Dpty Clk)
November 20, 2018 Filing 2 ATTORNEY APPEARANCE by Mary Elizabeth Kindelt on behalf of Fifth Third Bank (dlg, Dpty Clk)
November 20, 2018 Filing 1 CIVIL COVER SHEET by Fifth Third Bank (dlg, Dpty Clk)
May 7, 2018 PETITION/COMPLAINT filed in State Court against Fifth Third Bank, C David Rhoades by CFP Acquisitions, Inc. (dlg, Dpty Clk)

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Plaintiff: CFP Acquisitions, Inc.
Represented By: Thomas A Creekmore, III
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Defendant: C David Rhoades
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Defendant: Fifth Third Bank
Represented By: Mary Elizabeth Kindelt
Represented By: Victor A Walton
Represented By: Eric W Richardson
Represented By: Eric Wade Richardson
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