FIFTH THIRD BANK v. THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED et al
| FIFTH THIRD BANK |
| SAMANTHA ZAMIAS, TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, DAMIAN G. ZAMIAS, MICHAEL ZAMIAS, TRANSAMERICA LIFE INSURANCE COMPANY, ERIK ZAMIAS, STEPHEN G. ZAMIAS, THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED, KATHLEEN ZAMIAS and CHRISTOPHER ZAMIAS |
| 3:2018cv00133 |
| June 22, 2018 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Cambria |
| Kim R Gibson |
| Insurance |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on December 17, 2018. A more recent docket listing may be available from PACER.
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Filing 31
MEMORANDUM OPINION & ORDER - upon consideration of the Motion to Dismiss Pursuant to Rule 12(b)(1) and 12(b)(6) (ECF No. #20 ) filed by Defendants Estate of Samuel C. Zamias, deceased, Kathleen Zamias, individually and as Executrix of the Estate of Samuel C. Zamias, Damian G. Zamias, Stephen G. Zamias, Christopher Zamias, Erik Zamias, Samantha Zamias, and Michael Zamias, IT IS HEREBY ORDERED THAT the Motion is GRANTED, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 12/17/2018. (dlg)
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| Filing 30 REPORT of Mediation: Case has not been resolved. The parties are reminded of their obligation to complete the ADR questionnaire and submit within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. Mediation session was held on 11/8/2018. Mediation Conference set for 12/10/2018 09:00 AM (Price, William) |
| Filing 29 REPLY BRIEF re #27 Response in Opposition, #20 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction, filed by THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED, CHRISTOPHER ZAMIAS, DAMIAN G. ZAMIAS, ERIK ZAMIAS, KATHLEEN ZAMIAS, MICHAEL ZAMIAS, SAMANTHA ZAMIAS, STEPHEN G. ZAMIAS. (Miller, James) |
| Filing 28 Minute Entry for proceedings held before Judge Kim R. Gibson: A status conference was held with counsel appearing telephonically on 11/1/2018. The Court began by discussing scheduling. The Court heard the parties' positions on how they expect the case to move forward. Counsel for Plaintiff requests that the parties begin discovery while Defendants' motion to dismiss is pending. Counsel for the Zamias Defendants stated that the Court should not proceed with discovery until the jurisdictional issue raised in their motion to dismiss is decided. Counsel for Transamerica agreed with counsel for the Zamias Defendants. Upon hearing these arguments, the Court determined that it will defer the initial scheduling conference in this case until the Court decides the jurisdictional issue raised in Defendants' motion to dismiss. The Court stated that it will decide the motion to dismiss in the upcoming weeks and that it will reschedule the scheduling conference for the last week in November if the Court determines that it has jurisdiction over the case. Counsel for the Zamias Defendants expressed a desire to submit a reply brief to its motion to dismiss. The Court stated that the Zamias Defendants do not have to seek leave of court to file this brief, and stated that counsel must file this brief no later than Monday, November 5, 2018. (Court Reporter: None) (dlg) |
| Filing 27 RESPONSE IN OPPOSITION to #20 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction,, filed by FIFTH THIRD BANK. (Sturm, Kerri) |
| Filing 26 STIPULATION selecting ADR process by FIFTH THIRD BANK. (Sturm, Kerri) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting. (Sturm, Kerri) |
| NOTICE of Hearing: Initial Case Management Conference scheduled for 10/25/2018 is RESCHEDULED to 11/1/2018 at 10:30 AM before Judge Kim R. Gibson. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (dlg) |
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Filing 24
CASE MANAGEMENT ORDER - Case Management Conference set for 10/25/2018 at 1:00 p.m. in Courtroom A - Johnstown before Judge Kim R. Gibson, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 9/20/2018. (Attachments: (1) Exhibit "A" Stipulation Selecting ADR Process, (2) Exhibit "B" Fed.R.Civ.P. 26(f) Report, (3) Exhibit "C" Initial Scheduling Order). (krh)
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Filing 23
ORDER granting #22 Motion for Extension of Time to File Response. Plaintiff Fifth Third Bank shall have until 10/29/2018 to file a response to the pending Motion to Dismiss and Brief in Support (ECF Nos. #20 , #21 ). Signed by Judge Kim R. Gibson on 9/17/2018. (dlg)
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| Filing 22 MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by FIFTH THIRD BANK. (Attachments: #1 Proposed Order) (Sturm, Kerri) |
| Filing 21 BRIEF in Support re #20 Motion to Dismiss for Failure to State a Claim,, Motion to Dismiss/Lack of Jurisdiction, filed by THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED, CHRISTOPHER ZAMIAS, DAMIAN G. ZAMIAS, ERIK ZAMIAS, KATHLEEN ZAMIAS, MICHAEL ZAMIAS, SAMANTHA ZAMIAS, STEPHEN G. ZAMIAS. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Miller, James) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction by THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED, CHRISTOPHER ZAMIAS, DAMIAN G. ZAMIAS, ERIK ZAMIAS, KATHLEEN ZAMIAS, MICHAEL ZAMIAS, SAMANTHA ZAMIAS, STEPHEN G. ZAMIAS. (Attachments: #1 Proposed Order) (Miller, James) |
| Filing 19 NOTICE of Appearance by James D. Miller on behalf of THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED, CHRISTOPHER ZAMIAS, DAMIAN G. ZAMIAS, ERIK ZAMIAS, KATHLEEN ZAMIAS, MICHAEL ZAMIAS, SAMANTHA ZAMIAS, STEPHEN G. ZAMIAS. (Miller, James) |
| Filing 18 Stipulation for Extension of Time to Answer by THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED, SAMANTHA ZAMIAS Answer due from THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED on 9/7/2018; SAMANTHA ZAMIAS on 9/7/2018. (White, David) |
| Filing 17 NOTICE of Appearance by John J. Richardson on behalf of FIFTH THIRD BANK. (Richardson, John) |
| Filing 16 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED served on 7/3/2018, answer due 7/24/2018. (Sturm, Kerri) |
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer. CHRISTOPHER ZAMIAS; DAMIAN G. ZAMIAS; ERIK ZAMIAS; KATHLEEN ZAMIAS; MICHAEL ZAMIAS; and STEPHEN G. ZAMIAS answer due 9/7/2018. Signed by Judge Kim R. Gibson on 7/20/2018. (dlg)
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| Filing 14 MOTION for Extension of Time to File Answer re #1 Complaint,,, filed by FIFTH THIRD BANK by CHRISTOPHER ZAMIAS, DAMIAN G. ZAMIAS, ERIK ZAMIAS, KATHLEEN ZAMIAS, MICHAEL ZAMIAS, STEPHEN G. ZAMIAS. (Attachments: #1 Proposed Order) (White, David) |
| Filing 13 Disclosure Statement identifying Commonwealth General Corporation as corporate parent or other affiliate, by TRANSAMERICA LIFE INSURANCE COMPANY. (Hopkins, Joel) |
| Filing 12 ANSWER to #1 Complaint, and Affirmative Defenses by TRANSAMERICA LIFE INSURANCE COMPANY. (Hopkins, Joel) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Answer to Complaint. ERROR: Party did not file disclosure statement as required pursuant L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 7/25/2018. (jv) |
| Filing 11 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. STEPHEN G. ZAMIAS served on 7/10/2018, answer due 7/31/2018. (Sturm, Kerri) |
| Filing 10 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. DAMIAN G. ZAMIAS served on 7/6/2018, answer due 7/27/2018. (Sturm, Kerri) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #8 Summons/Returned Returned Executed. ERROR: Fields on Document not populated correctly. CORRECTION: Attorney advised to populate fields that indicate service date and file as an ERRATA linked to #8 Summons/Returned Returned Executed. This message is for informational purposes only. (jv) |
| Filing 9 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. CHRISTOPHER ZAMIAS served on 7/3/2018, answer due 7/24/2018. (Sturm, Kerri) |
| Filing 8 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. ERIK ZAMIAS served on 7/3/2018, answer due 7/24/2018. (Sturm, Kerri) |
| Filing 7 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. MICHAEL ZAMIAS served on 7/3/2018, answer due 7/24/2018. (Sturm, Kerri) |
| Filing 6 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. KATHLEEN ZAMIAS served on 7/3/2018, answer due 7/24/2018. (Sturm, Kerri) |
| Filing 5 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. TRANSAMERICA LIFE INSURANCE COMPANY served on 6/27/2018, answer due 7/18/2018. (Sturm, Kerri) |
| Filing 4 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY served on 6/27/2018, answer due 7/18/2018. (Sturm, Kerri) |
| Filing 3 NOTICE that the 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. (krh) |
| Filing 2 Disclosure Statement identifying Fifth Third Bancorp (FITB/NASDAQ) and Fifth Third Financial Corp. as corporate parent or other affiliate, by FIFTH THIRD BANK. (Sturm, Kerri) |
| Summons Issued as to THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED, TRANSAMERICA LIFE INSURANCE COMPANY, TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, CHRISTOPHER ZAMIAS, DAMIAN G. ZAMIAS, ERIK ZAMIAS, KATHLEEN ZAMIAS, MICHAEL ZAMIAS, SAMANTHA ZAMIAS, STEPHEN G. ZAMIAS. (ept) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Complaint. ERROR: Party did not file disclosure statement as required pursuant to L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 7/2/2018. (ept) |
| Filing 1 COMPLAINT against THE ESTATE OF SAMUEL C. ZAMIAS, DECEASED, TRANSAMERICA LIFE INSURANCE COMPANY, TRANSAMERICA OCCIDENTAL LIFE INSURANCE COMPANY, CHRISTOPHER ZAMIAS, DAMIAN G. ZAMIAS, ERIK ZAMIAS, KATHLEEN ZAMIAS, MICHAEL ZAMIAS, SAMANTHA ZAMIAS, STEPHEN G. ZAMIAS (Filing fee, including Administrative fee, $400, receipt number 0315-4773230), filed by FIFTH THIRD BANK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Summons Christopher Zamias, #13 Summons Damian Zamias, #14 Summons Erik Zamias, #15 Summons Kathleen Zamias, #16 Summons Michael Zamias, #17 Summons Stephen Zamias, #18 Summons Samantha Zamias, #19 Summons Transamerica Occidental Life Insurance, #20 Summons Transamerica Life Insurance, #21 Civil Cover Sheet) (ept) |
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