HUGHES v. NATIONWIDE BANK
JOSHUA HUGHES |
NATIONWIDE BANK |
2:2018cv01235 |
September 17, 2018 |
US District Court for the Western District of Pennsylvania |
Mark R Hornak |
Motor Vehicle |
28 U.S.C. § 1332 |
None |
Docket Report
This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 64 ORDER DENYING #60 Motion for Leave to File Second Amended Complaint and for Limited Jurisdictional Discovery, Request to Transfer to State Court. Signed by Chief Judge Mark R. Hornak on 7/9/19. (jad) |
Filing 63 MEMORANDUM OPINION. Signed by Chief Judge Mark R. Hornak on 7/9/19. (jad) |
Filing 62 BRIEF in Opposition re #60 Motion to Transfer Case, Motion for Leave to File Second Amended Complaint and Request for Leave to Conduct Limited Discovery filed by NATIONWIDE BANK. (Lin, Albert) Modified text on 6/18/2019. (ept) |
Filing 61 ORDER. Within fourteen (14) days of the date of this Order, counsel for the Defendant shall respond to #60 Motion for Leave to File Second Amended Complaint and for Limited Jurisdictional Discovery. Signed by Chief Judge Mark R. Hornak on 6/3/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #60 Motion for Leave to File Second Amended Complaint and for Limited Jurisdictional Discovery, Motion to Transfer Case. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Transfer Case. This message is for informational purposes only. (ept) |
Filing 60 MOTION for Leave to File Second Amended Complaint and for Limited Jurisdictional Discovery, Request to Transfer to State Court Pursuant to 42 Pa. C.S.A. 5103(b)(Alternative Relief) re #56 Memorandum Opinion & Order, #57 Order, Terminate Motions, Terminate Civil Case by JOSHUA HUGHES. (Attachments: #1 Exhibit Proposed Second Amended Complaint, #2 Exhibit Redline Comparison, #3 Envelope Letter to Defense re: CAFA) (Shenkan, Richard). Added MOTION to Transfer Case on 6/3/2019 (ept) |
Filing 59 ORDER GRANTING #58 Motion to Cancel Mediation. It is hereby ORDERED that #55 Order referring to ADR is hereby VACATED, and the parties are no longer ordered to complete mediation before Judge Kenneth Benson, or any other third- party neutral, on or before June 14, 2019, pending further order of Court. Signed by Chief Judge Mark R. Hornak on 5/31/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
Filing 58 Joint MOTION Cancel Mediation re #55 Order Referring Case to Mediation, by NATIONWIDE BANK. (Lin, Albert) |
Filing 57 ORDER. For the reasons stated in this Court's #56 Opinion of this date, Plaintiff's #45 Motion to Amend/Correct his Complaint is DENIED. It is further ORDERED: 1. Plaintiff shall file his Second Motion to Amend on or before May 31, 2019. Any such Motion shall include as an attachment a red- lined version showing changes from the initial Complaint. Defendant shall file its response to the Second Motion to Amend within fourteen (14) days. Plaintiff may reply within seven (7) days thereafter. 2. Defendant's Motion for Partial Judgment on the Pleadings and Motion to Dismiss the Nationwide Class Allegations, ECF No. 30, is DENIED AS MOOT without prejudice to its reassertion at the appropriate time. 3.Plaintiff's #38 Motion to Determine Choice of Law is DENIED AS MOOT. Signed by Chief Judge Mark R. Hornak on 5/17/19. (bdb) |
Filing 56 OPINION. Signed by Chief Judge Mark R. Hornak on 5/17/19. (bdb) |
Filing 55 ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION. This case is referred to Mediation. Kenneth J. Benson is appointed as mediator. The ADR conference(s) shall be concluded on or before June 14, 2019, unless extended by Order of the Court. Signed by Chief Judge Mark R. Hornak on 5/7/19. (bdb) |
Filing 54 STIPULATION selecting ADR process by NATIONWIDE BANK. (Lin, Albert) |
Filing 53 ORDER. On or before May 6, 2019, the parties shall file the standard Stipulation Selecting ADR Process, available at www.pawd.uscourts.gov/adr-program-information. Signed by Chief Judge Mark R. Hornak on 4/29/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav) |
Filing 52 NOTICE OF SCHEDULED MEDIATION for 6/14/2019 by JOSHUA HUGHES (Shenkan, Richard) Modified text on 4/29/2019. (ept) |
Filing 51 Errata re #50 Reply Brief Reply in Support of Plaintiff's First Motion for Leave to Amend by JOSHUA HUGHES. Reason for Correction: Attorney Resubmited with Signature. (Shenkan, Richard) |
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #50 Reply Brief. ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. (ept) |
Filing 50 REPLY BRIEF re #45 Motion to Amend/Correct filed by JOSHUA HUGHES. (Shenkan, Richard) Modified text on 4/9/2019 to add document linkage. (ept) Document removed from public view and redocketed at #51 . Modified text on 4/10/2019. (ept) |
Filing 49 BRIEF in Opposition re #45 Motion to Amend/Correct [Defendant's Brief in Opposition to Plaintiff's First Motion for Leave to Amend] filed by NATIONWIDE BANK. (Lin, Albert) |
Filing 48 ORDER denying #47 Motion to Stay. Plaintiff has already been granted (over the objections of opposing counsel) limited discovery as provided for in this Court's January 8, 2019, Order 22 . Then, Plaintiff informed the Court that he intended to amend his Complaint #1 for the very purpose of "pleading the choice of law issue in the alternative" (ECF No. 41). Plaintiff now seeks more discovery on the issue of choice of law in order to respond to a motion that would become moot if Plaintiff is granted leave to file an amended complaint. Plaintiff's most recent request for another substantial deviation from the Federal Rules of Civil Procedure is therefore denied. At this juncture, Defendant's response to the Motion to Amend/Correct #45 remains due on or before 04/02/2019. Plaintiff shall not file a reply to his Motion to determine Choice of Law #38 until the Court has resolved #45 , should #38 remain live. While the Court provided Plaintiff some leeway to gather information about his case prior to formal discovery, the Court intends to manage this case in accordance with the Federal Rules of Civil Procedure: complaint, Rule 12 response, discovery--in that order, absent good cause, which (at this point) Plaintiff has not demonstrated. Signed by Chief Judge Mark R. Hornak on 03/21/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav) |
Filing 47 MOTION to Stay Motion to Stay Choice of Law Determination to Permit Discovery by JOSHUA HUGHES. (Attachments: #1 Proposed Order) (Shenkan, Richard) |
Filing 46 ORDER. Defendant shall respond to #45 Motion for Leave to Amend on or before 04/02/2019. Signed by Chief Judge Mark R. Hornak on 03/20/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav) |
Filing 45 First MOTION to Amend/Correct by JOSHUA HUGHES. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Shenkan, Richard) Modified text on 3/19/2019. (cel) |
Filing 44 BRIEF in Opposition re #38 Motion for Miscellaneous Relief [Defendant Nationwide Bank's Brief In Opposition to Plaintiff's Motion to Determine Choice of Law] filed by NATIONWIDE BANK. (Lin, Albert) |
Filing 43 ORDER denying #41 Motion to Continue. It appears Plaintiff's Motion to Continue is a motion for leave to file a motion for leave to amend his complaint. On or before 03/18/2019, Plaintiff shall file a motion for leave to amend the #1 Complaint. Plaintiff shall attach the proposed amended complaint, in red line, to his motion. Signed by Chief Judge Mark R. Hornak on 03/11/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav) |
Filing 42 ORDER granting in part and denying in part #14 Motion FOR LEAVE TO ENGAGE IN DISCOVERY AND TO COMPEL RULE 26(F) CONFERENCE. The Motion is granted to the extent relief was provided for in 22 Order. The Motion is denied in all other respects. Signed by Chief Judge Mark R. Hornak on 03/11/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav) Modified text on 3/12/2019. (ept) |
Filing 41 MOTION to Continue by JOSHUA HUGHES. (Attachments: #1 Proposed Order) (Shenkan, Richard) |
Filing 40 ORDER. On or before 3/15/19, counsel for the Defendant shall respond #38 Motion to Determine Choice of Law. Signed by Chief Judge Mark R. Hornak on 3/1/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
Filing 39 BRIEF in Support re #38 Motion for Miscellaneous Relief Determine Choice of Law filed by JOSHUA HUGHES. (Attachments: #1 Exhibit Promissory Note, #2 Exhibit Consumer Security Agreement, #3 Proposed Order) (Shenkan, Richard) |
Filing 38 MOTION to Determine Choice of Law by JOSHUA HUGHES. (Shenkan, Richard) |
Filing 37 ORDER GRANTING #35 Motion for Extension of Time to File Response. Plaintiffs shall respond or otherwise plead by amendment to Defendant Nationwide Bank's Motion for Partial Judgment on the Pleadings to Dismiss Count II of Plaintiff's Complaint for Failure to State a Claim and to Dismiss the Nationwide Class Allegations for Lack of Standing; Answer, and Motion to Strike Plaintiff's Class Allegations on or before 3/7/19. Signed by Chief Judge Mark R. Hornak on 2/1/19. (bdb) |
Filing 36 NOTICE [Notice of Non-Opposition to Plaintiff's Motion for Extension of Time] by NATIONWIDE BANK re #35 Motion for Extension of Time to File Response/Reply (Lin, Albert) |
Filing 35 First MOTION for Extension of Time to File Response/Reply as to #29 Answer to Complaint, #30 MOTION for Partial Judgment on the Pleadings MOTION to Dismiss the Nationwide Class Allegations for Lack of Standing re #1 Complaint, filed by JOSHUA HUGHES MOTION to Strike Plaintiff's Class Allegations re #1 Complaint, filed by JOSHUA HUGHES by JOSHUA HUGHES. (Attachments: #1 Exhibit 1, #2 Proposed Order, #3 Certificate of Service) (Shenkan, Richard) |
Filing 34 ORDER APPROVING #33 Stipulated Confidentiality Order. The Court hereby enters the confidentiality Order as set forth herein. Signed by Chief Judge Mark R. Hornak on 1/18/19. (bdb) |
Filing 33 STIPULATION Stipulated Confidentiality Order by JOSHUA HUGHES. (Shenkan, Richard) |
Filing 32 STATUS REPORT [Joint Status Report Re: January 8, 2019 Order] by NATIONWIDE BANK. (Lin, Albert) |
Filing 31 BRIEF in Support re #30 Motion for Judgment on the Pleadings, MOTION to Dismiss the Nationwide Class Allegations for Lack of Standing, MOTION to Strike Plaintiff's Class Allegations filed by NATIONWIDE BANK. (Lin, Albert) Modified text on 1/16/2019. (ept) |
Filing 30 MOTION for Partial Judgment on the Pleadings , MOTION to Dismiss the Nationwide Class Allegations for Lack of Standing re #1 Complaint, filed by JOSHUA HUGHES , MOTION to Strike Plaintiff's Class Allegations re #1 Complaint, filed by JOSHUA HUGHES by NATIONWIDE BANK. (Attachments: #1 Proposed Order) (Lin, Albert) Modified text on 1/15/2019. (ept) |
Filing 29 ANSWER to #1 Complaint, [Defendant Nationwide Bank's Answer and Affirmative Defenses] by NATIONWIDE BANK. (Attachments: #1 Exhibit A - Redacted, #2 Exhibit B - Redacted, #3 Exhibit C - Redacted, #4 Exhibit D - Redacted, #5 Exhibit E - Redacted, #6 Exhibit F - Redacted) (Lin, Albert) |
Filing 28 NOTICE Letter to the Honorable Judge Mark R. Hornak by JOSHUA HUGHES re #24 Notice, #23 Notice (Attachments: #1 Proposed Order, #2 Proposed Order) (Shenkan, Richard) |
Filing 27 ORDER denying #25 Motion for Leave to File Excess Pages, and Ordering Further Matters. The Motion to file a brief of thirty (30) pages is denied. The Defendant advises that it intends to file an Answer, a Motion for a Judgment on the Pleadings, and a Motion to Dismiss. Putting aside for the moment the permissibility of such a pleading course, Fed. R. Civ. P. 12(b), to the extent the Defendant files any/all of such Motions, any supporting brief shall be a single brief as to all such Motions, and shall not exceed twenty-five (25) pages. Signed by Chief Judge Mark R. Hornak on 1/11/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Hornak, Mark) |
Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Teleconference held on January 8, 2019 before Judge Mark R. Hornak. Court Reporter Karen M. Earley, Telephone number 412-201-2660. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporter or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 1/18/2019. Redaction Request due 2/1/2019. Redacted Transcript Deadline set for 2/11/2019. Release of Transcript Restriction set for 4/11/2019. (kme) |
Filing 25 MOTION for Leave to File Excess Pages [Defendant Nationwide Bank's Unopposed Motion for a Page Limit Extension for Its Brief in Support of Its Motion for Partial Judgment on the Pleadings and to Dismiss or Strike Plaintiff's Class Allegations] by NATIONWIDE BANK. (Attachments: #1 Proposed Order) (Lin, Albert) |
Filing 24 NOTICE Response Letter to Hon. Judge Hornak by NATIONWIDE BANK re #23 Notice (Lin, Albert) |
Filing 23 NOTICE Letter to Judge Hornak by JOSHUA HUGHES (Attachments: #1 Proposed Order) (Shenkan, Richard) |
Filing 22 ORDER. Defendant shall produce within seven (7) days true and correct documents in its custody, possession, or control related to Plaintiff, the loan at issue, its default, or the 2012 Ford Mustang (including its repossession) at issue. Defendant must also provide notice to any entity (with whom it has a relationship related to the loan at issue, the Plaintiff, or the 2012 Ford Mustang) that the Court hereby Orders all documents related to Plaintiff, the loan at issue, its default, or the 2012 Ford Mustang (including its repossession) to be produced to Plaintiff on or before the close of business on 01/31/2019. Signed by Chief Judge Mark R. Hornak on 1/8/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kav) |
Filing 21 Minute Entry for proceedings held before Chief Judge Mark R. Hornak: Telephonic Status Conference held on 1/8/19. (Court Reporter: Karen Earley) (jad) |
Filing 20 Sur-Reply PLAINTIFF'S SUR-REPLY TO DEFENDANT'S RESPONSE TO PLAINTIFF'S MOTION FOR LEAVE TO ENGAGE IN DISCOVERY AND TO COMPEL A RULE 26(F) CONFERENCE re #16 Response to Motion filed by JOSHUA HUGHES. (Shenkan, Richard) |
Filing 19 ORDER GRANTING #18 Motion for Marissa A. Peirsol to Appear Pro Hac Vice. Signed by Chief Judge Mark R. Hornak on 1/7/19. (bdb) |
Filing 18 MOTION for attorney Marissa A. Peirsol to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4982189) by NATIONWIDE BANK. (Attachments: #1 Affidavit, #2 Exhibit, #3 Proposed Order) (Peirsol, Marissa) |
Filing 17 SCHEDULING ORDER. A Telephonic Status Conference is hereby SCHEDULED for 1/8/19 at 3:30 PM before Chief Judge Mark R. Hornak. The Court will conduct the call via an AT&T dial-in number, which requires participants to call-in and provide an access code. Please login in to ECF and refer to #4 AT&T Scheduling Notice. Please use dial-in no. 2 for this conference. Signed by Chief Judge Mark R. Hornak on 1/2/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
Filing 16 RESPONSE to Motion re #14 MOTION FOR LEAVE TO ENGAGE IN DISCOVERY AND TO COMPEL RULE 26(F) CONFERENCE MOTION to Compel [Defendant Nationwide Bank's Response to Plaintiff's Motion for Leave to Engage in Discovery and to Compel a Rule 26(f) Conference] filed by NATIONWIDE BANK. (Attachments: #1 Exhibit 1 - Declaration of A. Lin, #2 Exhibit A to A. Lin Declaration, #3 Exhibit B to A. Lin Declaration, #4 Exhibit C to A. Lin Declaration) (Lin, Alb) |
Filing 15 ORDER. On or before 12/19/18, counsel for the Defendant shall respond to #14 Motion for Leave to Engage in Discovery and to Compel a Rule 26(f) Conference. Signed by Chief Judge Mark R. Hornak on 12/12/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
CLERK'S OFFICE QUALITY CONTROL MESSAGE re #14 Motion for Leave to Engage in Discovery, Motion to Compel. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Compel. This message is for informational purposes only. (ept) |
Filing 14 MOTION FOR LEAVE TO ENGAGE IN DISCOVERY AND TO COMPEL RULE 26(F) CONFERENCE by JOSHUA HUGHES. (Shenkan, Richard). Added MOTION to Compel on 12/12/2018 (ept) |
Filing 13 ORDER GRANTING #12 Motion for Extension of Time to Answer. Defendant shall files its answer, motion or other responsive pleading on or before 1/15/19. Signed by Judge Mark R. Hornak on 11/29/18. (bdb) |
Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint, filed by JOSHUA HUGHES, #9 Order on Motion for Extension of Time to File Answer [Defendant Nationwide Bank's Unopposed Motion for Extension of Time to Answer or Otherwise Plead] by NATIONWIDE BANK. (Attachments: #1 Proposed Order) (Lin, Alb) |
Filing 11 Disclosure Statement identifying Nationwide Mutual Insurance Company as corporate parent or other affiliate, by NATIONWIDE BANK. (Lin, Alb) |
Filing 10 NOTICE [Notice of Service] by NATIONWIDE BANK (Lin, Alb) |
Filing 9 ORDER GRANTING #7 Motion for Extension of Time to Move or Plead in Response to the Complaint. Defendant's answer is due on or before 12/26/18. Signed by Judge Mark R. Hornak on 11/7/18. (jad) |
Filing 8 NOTICE OF FILING EXHIBIT ONE TO DEFENDANT NATIONWIDE BANK'S MOTION FOR EXTENSION OF TIME TO MOVE OR PLEAD IN RESPONSE TO PLAINTIFF'S COMPLAINT by NATIONWIDE BANK re #7 Motion for Extension of Time to File Answer (Attachments: #1 Exhibit) (Lin, Alb) |
Filing 7 First MOTION for Extension of Time to File Answer or Responsive Pleading by NATIONWIDE BANK. (Attachments: #1 Proposed Order) (Lin, Alb) |
Filing 6 ORDER GRANTING #5 Motion for Albert G. Lin to Appear Pro Hac Vice. Signed by Judge Mark R. Hornak on 11/6/18. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (bdb) |
Filing 5 MOTION for attorney Albert G. Lin to Appear Pro Hac Vice, (Filing fee $70, Receipt # 0315-4922350) by NATIONWIDE BANK. (Attachments: #1 Affidavit of Albert G. Lin, #2 Exhibit 1-Certificate of Good Standing, #3 Proposed Order) (Lin, Alb) |
Filing 4 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice and use either Dial-In No. 1 or Dial-In No. 2, both of which are contained in this Notice. This document has a security setting of "Case Participants Only", so only those individuals will have access to view the document. (jad) |
Filing 3 STANDING ORDER ON CIVIL MOTION PRACTICE. Signed by Judge Mark R. Hornak on 9/19/18. (jad) |
Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (jad) |
Summons Issued as to NATIONWIDE BANK. (ept) |
Filing 1 COMPLAINT against NATIONWIDE BANK (Filing fee, including Administrative fee, $400, receipt number 0315-4865679), filed by JOSHUA HUGHES. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Summons) (ept) |
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Plaintiff: JOSHUA HUGHES | |
Represented By: | Richard Shenkan |
Represented By: | Richard E. Shenkan |
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Defendant: NATIONWIDE BANK | |
Represented By: | Alb G. Lin |
Represented By: | Albert G. Lin |
Represented By: | Marissa A. Peirsol |
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