Hernandez v. Fifth Third Bancorp et al
Plaintiff: Edward Hernandez
Defendant: TransUnion LLC and Fifth Third Bancorp
Case Number: 3:2018cv01995
Filed: November 19, 2018
Court: US District Court for the District of Oregon
Presiding Judge: Jolie A Russo
Nature of Suit: Assault, Libel, and Slander
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2019 Opinion or Order Filing 62 ORDER OF DISMISSAL: Based on the parties' Stipulated Notice of Dismissal #61 , it is Ordered that this action is Dismissed with prejudice and with each party to bear its own costs and attorneys' fees. Pending motions, if any, are Denied as Moot. Signed on 11/13/19 by Magistrate Judge Jolie A. Russo. (gm)
November 12, 2019 Filing 61 Stipulated Notice of Dismissal with Prejudice Filed by Fifth Third Bancorp. (Hineline, Curt)
October 18, 2019 Opinion or Order Filing 60 ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Stipulated Motion to Stay Proceedings #59 as the parties have reached a tentative agreement to bring this matter to a resolution. This case remains Stayed. The parties shall file either another formal Joint Status Report or Final Papers no later than 11/8/2019. (gm)
October 18, 2019 Filing 59 Second Stipulation Motion for Order to Stay Proceedings by Fifth Third Bancorp. Filed by Fifth Third Bancorp. (Hineline, Curt)
September 30, 2019 Opinion or Order Filing 58 ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' Stipulated Motion to Stay Proceedings #57 as the parties have reached a tentative agreement to bring this matter to a resolution. This case is Stayed. The parties shall file either another formal Joint Status Report or Final Papers no later than 10/18/2019. (gm)
September 27, 2019 Filing 57 Joint Stipulation Motion for Order to Stay Proceedings by Fifth Third Bancorp. Filed by Fifth Third Bancorp. (Hineline, Curt)
September 13, 2019 Opinion or Order Filing 56 ORDER issued by Magistrate Judge Jolie A. Russo: Findings & Recommendation #54 is referred to Judge Marco A. Hernandez for review. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the court. Thereafter, the parties shall have fourteen (14) days within which to file a response to the objections. (gm)
September 13, 2019 Filing 55 Clerk's Notice of E-Mailing to counsel of record/pro se plaintiff regarding Findings & Recommendation #54 . (gm)
September 13, 2019 Opinion or Order Filing 54 (DOCUMENT FILED UNDER SEAL) Findings & Recommendation: Defendant's Motion for Summary Judgement #42 should be denied as to its request for damages, interest, and attorney fees and costs, and granted in all other respects. Accordingly, judgment should be entered in favor of defendant in regard to its breach of contract counterclaim; plaintiff's claims should be dismissed. Defendant shall file a separate motion for damages, interest, attorney fees, and any other costs within fourteen days of the District Judge's order. Signed on 9/13/19 by Magistrate Judge Jolie A. Russo. (gm)
August 29, 2019 Filing 53 Exhibit C to Fifth Third's Reply in Support of it's Motion for Summary Judgement, re Reply to Motion #49 . Filed by Fifth Third Bancorp. (rs)
August 26, 2019 Opinion or Order Filing 51 ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendant Fifth Third Bancorp's Motion for Order to File Exhibit Under Seal #50 . The Clerk is directed to file Exhibit 2 (sub-exhibit of Exhibit A) to Fifth Third's Reply in Support of Motion for Summary Judgment #49 under seal. (gm)
August 26, 2019 Filing 50 Motion for Order to File Exhibit Under Seal. Filed by Fifth Third Bancorp. (gm)
August 23, 2019 Filing 49 Reply to Motion for Summary Judgment #42 . Filed by Fifth Third Bancorp. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Warmsby, Keesha)
August 15, 2019 Opinion or Order Filing 48 ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Unopposed Motion for Order to Seal Exhibits #47 . Exhibits # 1, 2, 4, 5 and 6 to Plaintiff's Response in Opposition to Motion for Summary Judgment #46 are hereby Sealed. (gm)
August 15, 2019 Filing 47 Unopposed Motion for Protective Order to Seal Exhibits. Filed by Edward Hernandez. (Hernandez, Edward)
August 9, 2019 Filing 46 First Reply to Motion for Summary Judgment #42 . Filed by Edward Hernandez. (Attachments: #1 Exhibit Trans Union Discovery, #2 Exhibit Fifth Third Internal Account History, #3 Exhibit Increased Payment Notice, #4 Exhibit Fifth Third Repossession Orders, #5 Exhibit Fifth Third Collection Activity, #6 Exhibit Ambulance Bill, #7 Exhibit Change of Address Acknowledgement, #8 Exhibit Lost Economic Opportunity) (Hernandez, Edward)
July 23, 2019 Filing 45 Notice of Correction by Clerk regarding #42 Motion for Summary Judgment,. A Clerical error has been discovered in the case record: The PDF attached at filing as Exhibit B included information subject to redaction, and has been restricted. A redacted version of Exhibit B has been attached to the existing entry. The Notice of Electronic Filing will be regenerated to all parties. (eo)
July 22, 2019 Filing 44 Clerk's Notice of Mailing to Plaintiff regarding Order 43 . (gm)
July 22, 2019 Opinion or Order Filing 43 ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendant's Motion for Substitution of Party #42 and Motion for Summary Judgment #42 on the under advisement calendar of 8/26/2019. Plaintiff's response to motions due 8/9/2019. Defendant's reply to Plaintiff's response due by 8/23/2019. (gm)
July 19, 2019 Filing 42 Motion for Summary Judgment . Filed by Fifth Third Bancorp. (Attachments: #1 Exhibit A, #2 Exhibit B - (UNREDACTED - RESTRICTED)) (Warmsby, Keesha) (Additional attachment(s): #3 Redacted Exhibit B added on 7/23/2019) (eo)
July 16, 2019 Filing 41 Notice of Unavailability of Curt Roy Hineline Filed by Fifth Third Bancorp. (Hineline, Curt)
July 9, 2019 Filing 40 Amended Joint ADR Report . Filed by Fifth Third Bancorp.(Hineline, Curt)
July 3, 2019 Filing 39 Joint ADR Report . Filed by Fifth Third Bancorp.(Hineline, Curt)
June 24, 2019 Filing 38 Clerk's Notice of Mailing to Plaintiff regarding Order 37 . (gm)
June 24, 2019 Opinion or Order Filing 37 ORDER issued by Magistrate Judge Jolie A. Russo: On June 20, 2019, plaintiff, located in Fresno, California, and appearing pro se, filed a Motion for Order to Defer Deposition #36 , requesting that the Court permit him to appear remotely at his currently scheduled deposition (noticed for June 21, 2019, in Portland, Oregon) due to financial constraints. Plaintiff did not request expedited consideration, such that his motion is Denied as Moot since the deposition date has passed. Given that plaintiff initiated this lawsuit in the Portland Division, he must appear at any rescheduled deposition noticed for Portland, Oregon, unless he timely submits a renewed Motion for Order to Defer Deposition and supporting Affidavit of Financial Hardship. (gm)
June 20, 2019 Filing 36 Motion for Order to Defer Deposition. Filed by Edward Hernandez. (Attachments: #1 Attachment) (sb)
June 10, 2019 Filing 35 Notification of CM/ECF Account for Edward Hernandez (Pro Se Filer ). Your login rand password remain the same as used previously. Your login is: ehernandez. Go to #the CM/ECF login page if you need to reset your password. (ecp) Modified on 6/10/2019 to correct filer typer(ecp).
June 7, 2019 Opinion or Order Filing 34 ORDER: Granting Plaintiff's Application for CM/ECF Registration as a Self-Represented Party (CM/ECF Registered User) #33 . (See attached order.) The court also notes that mail has been returned from Plaintiff's address of: 3435 SW Columbia Drive, Metolius, Oregon, 97741. The court updates Plaintiff's address to the one listed on his Application #33 to: 2037 W. Bullard Ave, Suite 240, Fresno, California, 93711, and sends a copy of this order along with a copy of a prior order which had been returned as undeliverable, re: Order on Motion for Order Issuing Subpoena 31 . Signed on 6/7/19 by Magistrate Judge Jolie A. Russo. (Mailed to Pro Se party on 6/7/19.) (gm)
May 31, 2019 Filing 33 Application for CM/ECF Registration as a Self-Represented Party. Filed by Edward Hernandez. (rs)
May 28, 2019 Filing 32 Mail Returned - Undeliverable: Order on motion for Order 31 sent to Edward Hernandez returned as undeliverable. (Mailed to Pro Se party on 05/20/2019.) (rs)
May 20, 2019 Opinion or Order Filing 31 ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendant Fifth Third Bancorp's Unopposed Motion for Order Issuing Subpoena #30 . (Mailed to Pro Se party on 5/20/19.) (gm)
May 16, 2019 Filing 30 Unopposed Motion for Order Issuing Subpoena. Filed by Fifth Third Bancorp. (Attachments: #1 Exhibit A-C) (Hineline, Curt)
April 1, 2019 Filing 29 MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Rule 16 Conference held 4/1/19. Order Resetting the following deadlines: Discovery is to be completed by 6/21/2019. Expert Discovery to be completed by 6/21/2019. Written consents, if any, should be submitted by 6/21/2019. Joint Alternate Dispute Resolution Report is due by 7/19/2019. Dispositive Motions are due by 7/19/2019. Pretrial Order is due by 8/19/2019 or until 30 days after this Court's final ruling on dispositive motions, whichever date is later. Edward Hernandez (pro se) present as counsel for plaintiff(s). Curt Hineline; Keesha Warmsby present as counsel for defendant(s). Court Reporter: (None). (Mailed to Pro Se party on 4/1/19.) (gm)
March 25, 2019 Filing 28 Notification of CM/ECF Account for Keesha N. Warmsby (Pro Hac Vice admission). Your login is: knwarmsby. Go to #the CM/ECF login page to set your password. (ecp)
March 25, 2019 Opinion or Order Filing 27 ORDER: Granting Application for Special Admission Pro Hac Vice of Keesha N. Warmsby for Fifth Third Bancorp. Application Fee in amount of $300 collected. Receipt No. 0979-5782800 issued. Signed on 3/25/2019 by Magistrate Judge Jolie A. Russo. (Mailed to Pro Se party on 3/25/2019.) (ecp)
March 21, 2019 Filing 26 Motion for Leave to Appear Pro Hac Vice for Attorney Keesha N. Warmsby . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5782800. Filed by Fifth Third Bancorp. (Attachments: #1 Attachment Certificate of Good Standing) (Hineline, Curt)
March 19, 2019 Opinion or Order Filing 25 ORDER OF DISMISSAL AS TO DEFENDANT TRANS UNION LLC (ONLY): Based on the Stipulation of Dismissal [24), it is Ordered that all claims by Plaintiff Edward Hernandez against Defendant Trans Union LLC are Dismissed with prejudice and with each party to bear its own costs and attorneys' fees. Pending motions as to this defendant, if any, are Denied as Moot. Signed on 3/19/19 by Magistrate Judge Jolie A. Russo. (Mailed to Pro Se party on 3/19/19.) (gm)
March 18, 2019 Filing 24 Stipulation OF DISMISSAL WITH PREJUDICE BETWEEN PLAINTIFF AND DEFENDANT TRANS UNION, LLC ONLY by TransUnion LLC. Filed by TransUnion LLC. (Attachments: #1 Proposed Order) (Policchio, James)
February 25, 2019 Filing 23 Plaintiff's Response to Fifth Third Bancorp's Answer. Filed by Edward Hernandez. (Related document(s): Answer to Complaint, Counterclaim #17 .) (rs)
January 31, 2019 Filing 22 Clerk's Notice of Mailing to Plaintiff regarding Order 21 along with conference calling information. (gm)
January 31, 2019 Opinion or Order Filing 21 ORDER issued by Magistrate Judge Jolie A. Russo: Setting a Telephonic Rule 16 Conference for 4/1/2019 at 2:00PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm)
January 31, 2019 Filing 20 Answer to #1 Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1 . Filed by TransUnion LLC. (Policchio, James)
January 23, 2019 Filing 19 Clerk's Notice of Mailing to Edward Hernandez regarding Discovery order, #18 . (rs)
January 23, 2019 Opinion or Order Filing 18 Notice of Case Assignment to Magistrate Judge Jolie A. Russo and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 5/23/2019. Joint Alternate Dispute Resolution Report is due by 6/24/2019. Pretrial Order is due by 6/24/2019. Ordered by Magistrate Judge Jolie A. Russo. (rs)
January 17, 2019 Filing 17 Answer to #1 Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1 , Counterclaim Edward Hernandez. Filed by Fifth Third Bancorp. (Attachments: #1 Exhibit A) (Hineline, Curt)
December 28, 2018 Filing 16 Clerk's Notice of Mailing to Plaintiff regarding Order 15 . (gm)
December 28, 2018 Opinion or Order Filing 15 ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendant Fifth Third Bancorp's Unopposed Motion for Extension of Time #14 as follows: Answer deadline reset to 1/17/2019 for Defendant Fifth Third Bancorp. (gm)
December 28, 2018 Filing 14 Unopposed Motion for Extension of Time to Move or Plead. Filed by Fifth Third Bancorp. (Attachments: #1 Proposed Order) (Hineline, Curt)
December 28, 2018 Filing 13 Corporate Disclosure Statement . Filed by Fifth Third Bancorp. (Hineline, Curt)
December 12, 2018 Filing 12 Return of Service Executed as to Edward Hernandez served on 12/11/2018, answer due on 1/2/2019., Waiver of Service of Summons Returned Executed by Edward Hernandez waiver sent on 12/11/2018. Filed by Edward Hernandez. (rs)
December 12, 2018 Filing 11 Return of Service Executed as to Edward Hernandez served on 12/7/2018, answer due on 12/28/2018. (rs)
December 11, 2018 Filing 10 Clerk's Notice of Mailing to Edward Hernandez regarding Order on Application for Special Admission Pro Hac Vice, #9 . (ecp)
December 11, 2018 Opinion or Order Filing 9 ORDER: Granting Application for Special Admission Pro Hac Vice of James L. Policchio for TransUnion LLC. Application Fee in amount of $300 collected. Receipt No. 0979-5663279 issued. Signed on 12/11/2018 by Magistrate Judge Jolie A. Russo. (ecp)
December 10, 2018 Filing 8 Corporate Disclosure Statement . Filed by TransUnion LLC. (Henderson, Nicholas)
December 10, 2018 Filing 7 Motion for Leave to Appear Pro Hac Vice for Attorney James L. Policchio . Filing fee in the amount of $300 collected; Agency Tracking ID: 0979-5663279. Filed by TransUnion LLC. (Henderson, Nicholas)
November 30, 2018 Filing 6 Issued Summons as to Fifth Third Bancorp, TransUnion LLC. (Summons, USM 285 form(s), and copies of the Complaint and Order to Proceed in forma pauperis forwarded to the U.S. Marshals Service for service.) (jn)
November 21, 2018 Filing 5 Summons Issued Electronically as to Fifth Third Bancorp, TransUnion LLC. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: #1 Summons) (rs)
November 20, 2018 Filing 4 Clerk's Notice of Mailing to Plaintiff regarding Order #3 . (gm)
November 20, 2018 Opinion or Order Filing 3 ORDER: Granting Plaintiff's Application/Motion for Leave to Proceed in Forma Pauperis #2 . Signed on 11/20/18 by Magistrate Judge Jolie A. Russo. (gm)
November 16, 2018 Filing 2 Application for Leave to Proceed IFP. Filed by Edward Hernandez. (rs)
November 16, 2018 Filing 1 Complaint. Jury Trial Requested: Yes. Filed by Edward Hernandez against All Defendants (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit). (rs)

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Defendant: TransUnion LLC
Represented By: Nicholas J. Henderson
Represented By: James L. Policchio
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Defendant: Fifth Third Bancorp
Represented By: Curt Roy Hineline
Represented By: Keesha N. Warmsby
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Plaintiff: Edward Hernandez
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