FIFTH THIRD BANK v. WESTWOOD ZAMIAS LIMITED PARTNERSHIP
Plaintiff: FIFTH THIRD BANK
Defendant: WESTWOOD ZAMIAS LIMITED PARTNERSHIP
Case Number: 3:2018cv00143
Filed: July 17, 2018
Court: US District Court for the Western District of Pennsylvania
Office: Johnstown Office
County: XX US, Outside State
Presiding Judge: Kim R Gibson
Referring Judge: Stephanie L Haines
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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This docket was last retrieved on June 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2020 Opinion or Order Filing 49 ORDER DISMISSING CASE - The Court hereby ORDERS that this action be, and it is, hereby DISMISSED, with prejudice, each party to bear its own costs and attorneys' fees, and as more fully stated in said Order of Dismissal. Signed by Judge Stephanie L. Haines on 6/1/2020. (dlg)
May 29, 2020 Filing 48 STIPULATION of Dismissal by FIFTH THIRD BANK. (Attachments: #1 Proposed Order) (Zamosky, Arthur)
May 16, 2020 FINAL NOTICE: In preparation of the Court's conversion to NextGen, our Court's CM/ECF system will be unavailable from 12:00 p.m. (Noon) on Friday, May 22, 2020, until 11:59 pm. Monday, May 25, 2020. Please plan accordingly. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. The second step is to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains any special characters (anything other than a letter or number), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020. Please consult the Court's #administrative order for additional information on deadlines and alternative filing options during this period. (Administrator, ) (ADI)
April 26, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania will be upgrading its current CM/ECF system to the Next Generation of CM/ECF on May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found #here. Preparing for NextGen is a two-step process. The first step is to upgrade any legacy PACER accounts. Each attorney must have an individual upgraded PACER account in order to electronically file after our conversion to NextGen. The second step will be to link that upgraded PACER account with your WDPA CM/ECF account after the Court goes live with NextGen. To link your account, you will need your current e-filing credentials from our Court. If your CM/ECF login contains a special character (such as &, @, $, *), you will need to change it as logins with those characters will be unable to link to PACER accounts. No later than Thursday, May 21, 2020, you should log into both PACER and the current version of CM/ECF to (1) review and record your current e-filing credentials for both, as you will need to know them in order to e-file after May 23, 2020 and (2) ensure that your primary email address to receive Notices of Electronic Filings (NEF) is accurate. Failure to provide an accurate email address may result in a delay in receiving NEFs after the Court converts to NextGen. (Administrator, ) (ADI)
March 28, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Pennsylvania (WDPA) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, May 26, 2020. Complete information, including a checklist of actions regarding the WDPA NexGen CM/ECF implementation, can be found at #here . Currently, multiple attorneys within a firm may share a single PACER account. Shared PACER accounts cannot be used by WDPA e-filing attorneys once the WDPA NextGen CM/ECF system is implemented. Each attorney must have an individual upgraded PACER account that will be linked to the e-filing account. If you have an upgraded PACER account, no action is required until after the WDPA NextGen CM/ECF upgrade on May 26, 2020. You have an upgraded PACER account if you (1) e-file in another NextGen court, or (2) created your PACER account after August 10, 2014. If neither of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WDPA CM/ECF account for your new NextGen CM/ECF account. Further informational notices will be sent later, but if you have questions about upgrading your PACER account, please contact the PACER Service Center at 800-676-6856. (Administrator, ) (ADI)
March 25, 2020 Opinion or Order Filing 47 ORDER OF COURT - based upon discussions with the parties at the status conference held today in this matter, and the Court understanding the parties to make an oral joint motion to modify the scheduling order, the Court finds good cause for a revision of the scheduling order. It is therefore ORDERED that the parties' oral joint motion to modify the scheduling order is GRANTED. In accordance with said motion being granted, the parties shall complete all fact discovery by 7/9/2020. A Post-Discovery Status Conference is scheduled to take place in this matter on 8/18/2020, at 2:30 p.m. before Judge Stephanie L. Haines in Courtroom A - Johnstown, Pennsylvania. In all other respects the scheduling orders (ECF, #17 , #24 , and #33 entered in this matter shall remain in full force and effect. Signed by Judge Stephanie L. Haines on 3/25/2020. (dlg)
March 25, 2020 Filing 46 Minute Entry for proceedings held before Judge Stephanie L. Haines: Status Conference held on 3/25/2020. Judge Haines asked counsel for the parties to state the status of the case. The parties provided the Court with information as to the status and requested that the Court extend the deadline for the close of fact discovery to 7/9/2020. The parties agreed that all other applicable deadlines would be set at the post-discovery status conference for this matter. The Court indicated it would accept the parties' request as an oral joint motion to modify the scheduling order. Appropriate order will follow. (Court Reporter: None) (dlg)
March 25, 2020 Set/Reset Deadlines/Hearings: All fact discovery is due by 7/9/2020. A Post-Discovery Status Conference is set for 8/18/2020 at 2:30 PM in Courtroom A - Johnstown before Judge Stephanie L. Haines. (dlg)
March 19, 2020 Opinion or Order Filing 45 ORDER re #44 The telephone status conference previously scheduled in this matter will be conducted via an AT&T call-in number. The parties will receive the information to access the call via an email sent to counsel. Signed by Judge Stephanie L. Haines on 3/19/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (sas)
March 13, 2020 Opinion or Order Filing 44 ORDER - it is hereby Ordered that a telephone status conference in this matter is scheduled for Wednesday, March 25, 2020 at 2:30 p.m. before Judge Stephanie L. Haines. Counsel for both parties shall attend the conference by telephone, and shall jointly call chambers at 814-691-6297 at 2:30 p.m. on March 25, 2020 to initiate the conference. Signed by Judge Stephanie L. Haines on 3/13/2020.(dlg) Modified text on 3/13/2020. (dlg)
March 9, 2020 Filing 43 Proposed Order by FIFTH THIRD BANK. (Zamosky, Arthur)
February 18, 2020 Opinion or Order Filing 42 ORDER granting #41 Joint Motion for Additional Time to submit Scheduling Order. It is further Ordered that the time for the parties to file a joint proposed scheduling order for adjudication of the action, or if they cannot agree on such a joint order, their respective proposals for deadlines, is extended to 03/09/2020. The Court will not grant any further extensions of time to file the proposed scheduling order(s). Signed by Judge Stephanie L. Haines on 02/18/2020. (dag)
February 11, 2020 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #41 Motion for Extension of Time to File. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (jv)
February 10, 2020 Filing 41 Joint MOTION for Extension of Time to File Scheduling Order by FIFTH THIRD BANK. (Zamosky, Arthur)
October 29, 2019 Opinion or Order Filing 40 ORDER OF COURT granting #39 Motion to Stay Action, and as more fully stated in said Order of Court. Signed by Judge Stephanie L. Haines on 10/29/2019. (dag)
October 29, 2019 CLERK'S OFFICE QUALITY CONTROL MESSAGE re #39 Motion to Stay. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (cjo)
October 28, 2019 Filing 39 Consent MOTION to Stay Action by FIFTH THIRD BANK. (Zamosky, Arthur)
October 25, 2019 Opinion or Order Filing 38 ORDER REASSIGNING CASE. Case reassigned to Judge Stephanie L. Haines for all further proceedings. Judge Kim R. Gibson no longer assigned to case. Signed by Chief Judge Mark R. Hornak on 10/23/2019. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (admin1, )
May 24, 2019 Opinion or Order Filing 37 ORDER granting #36 Motion to Stay. It is hereby ORDERED that this matter is hereby STAYED until October 28, 2019, or until either party petitions the Court to lift the stay, whichever occurs earlier. Within fourteen (14) days after October 28, 2019, the parties shall file a joint proposed scheduling order for the adjudication of the action or, if they cannot agree on such a joint order, their respective proposals for deadlines. Signed by Judge Kim R. Gibson on 5/24/2019. (dlg)
May 24, 2019 NOTICE Cancelling Hearing: Post-Discovery Status Conference scheduled for 6/6/2019 is cancelled. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (dlg)
May 16, 2019 Filing 36 Consent MOTION to Stay Action by FIFTH THIRD BANK. (Attachments: #1 Proposed Order) (Zamosky, Arthur)
March 13, 2019 Opinion or Order Filing 35 MEMORANDUM OPINION AND ORDER granting in part and denying in part #26 Motion to Compel Discovery Responses from Defendant Westwood Zamias Limited Partnership, and as more fully stated in said Memorandum Opinion and Order. Signed by Judge Kim R. Gibson on 3/13/2019. (dlg)
February 11, 2019 Filing 34 Minute Entry for proceedings held before Judge Kim R. Gibson: The Court held an oral argument regarding Plaintiff's Motion to Compel Discovery Responses on 2/11/2019. The Court noted that the oral argument in the above-captioned matter was being held concurrently with the oral argument in 3:18-cv-114. Counsel appeared in person and entered their appearances. The Court explained that this matter had been scheduled for a post-discovery status conference on February 11, 2019, but that the post-discovery status conference was rescheduled so an oral argument on the pending Motion to Compel could be held on the same date. Then, both counsel presented arguments related to their respective positions. After counsel indicated that there were no further issues to discuss, the Court ended the oral argument. (Court Reporter: Curt Rose) (dlg)
February 11, 2019 Opinion or Order Filing 33 ORDER - it is hereby Ordered that the post-discovery status conference scheduled for 2/11/2019 is CANCELLED. It is further Ordered as follows: The Court will hold a post-discovery status conference on 6/6/2019, at 2:30 p.m. The period to complete discovery is extended until 4/30/2019; and the oral argument scheduled for 3/29/2019 is cancelled. Signed by Judge Kim R. Gibson on 2/11/2019. (dlg)
February 11, 2019 Set/Reset deadlines and hearings: The period to complete discovery is extended to 4/30/2019; and the Court will hold a post-discovery status conference on 6/6/2019, at 2:30 p.m. (dlg)
February 7, 2019 Opinion or Order Filing 32 ORDER - it is hereby Ordered that the Post-Discovery Status Conference scheduled for Monday, 2/11/2019 is cancelled. Instead, on that same date and time, the Court will hear argument on Plaintiff's Motion to Compel Discovery Responses. (ECF No. #26 ). Counsel may participate telephonically. Signed by Judge Kim R. Gibson on 2/7/2019. (dlg)
February 6, 2019 Opinion or Order Filing 31 MEMORANDUM ORDER granting #25 Motion for Protective Order. Defendant's Notice of Examination Pursuant to Rule 30(b)(6) directed to Plaintiff is hereby QUASHED. The Court will require Defendant to serve an amended Rule 30(b)(6) notice that reasonably narrows and clarifies its line of inquiry, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 2/6/2019. (dlg)
February 5, 2019 Opinion or Order Filing 30 ORDER - in light of Plaintiff Fifth Third Bank's Motion to Compel Discovery Responses (ECF No. #26 ) and Defendant Westwood Zamias Limited Partnership's Response thereto (ECF No. #27 ), it is hereby Ordered that an oral argument is scheduled for Friday, March 29, 2019, at 11:00 a.m. Counsel must appear in person and are encouraged to confer prior to the conference to attempt to narrow or resolve the disputed issues among themselves. Signed by Judge Kim R. Gibson on 2/5/2019. (dlg)
February 5, 2019 Set/Reset Hearings: Oral Argument set for 3/29/2019 at 11:00 AM in Courtroom A - Johnstown before Judge Kim R. Gibson. (dlg)
February 4, 2019 Filing 29 Proposed Order Proposed Final Scheduling Order by FIFTH THIRD BANK. (Sturm, Kerri)
January 23, 2019 Filing 28 RESPONSE to Motion re #25 MOTION for Protective Order filed by WESTWOOD ZAMIAS LIMITED PARTNERSHIP. (Attachments: #1 Proposed Order) (Harrison, Kathryn)
January 23, 2019 Filing 27 RESPONSE to Motion re #26 MOTION to Compel Discovery Responses filed by WESTWOOD ZAMIAS LIMITED PARTNERSHIP. (Attachments: #1 Exhibit A, #2 Proposed Order) (Harrison, Kathryn)
January 16, 2019 Filing 26 MOTION to Compel Discovery Responses by FIFTH THIRD BANK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Sturm, Kerri)
January 16, 2019 Filing 25 MOTION for Protective Order by FIFTH THIRD BANK. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Sturm, Kerri)
December 7, 2018 Opinion or Order Filing 24 ORDER OF COURT granting #23 Motion for Extension of Time to Complete Discovery. All Discovery shall be completed by 1/31/2019. Signed by Judge Kim R. Gibson on 12/7/2018. (dlg)
December 6, 2018 Filing 23 Consent MOTION for Extension of Time to Complete Discovery by FIFTH THIRD BANK. (Attachments: #1 Proposed Order) (Zamosky, Arthur)
November 15, 2018 Filing 22 REPORT of Mediation: Case has not been resolved. CORRECTED 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)
November 15, 2018 Filing 21 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)
October 29, 2018 Opinion or Order Filing 20 ORDER OF COURT granting #19 Motion to Extend Time to Complete ESI Discovery Plan. The ESI discovery plan of the parties is to be completed on or before 10/25/2018. Signed by Judge Kim R. Gibson on 10/26/2018. (dlg)
October 15, 2018 Filing 19 Consent MOTION to Extend Time to 18-CV-143 by FIFTH THIRD BANK. (Attachments: #1 Proposed Order) (Zamosky, Arthur)
September 17, 2018 Opinion or Order Filing 18 ORDER REFERRING CASE TO ALTERNATIVE DISPUTE RESOLUTION - Mediation. Patricia L. Dodge is appointed as mediator. The ADR Conference shall be concluded before 11/30/2018, unless extended by Order of the Court. It is the responsibility of counsel to insure that notice of the date, time and location of the mediation has been electronically filed with the Court on or before 10/30/2018, and as more fully stated in said Order Referring Case to ADR. Signed by Judge Kim R. Gibson on 9/14/2018. (dlg)
September 17, 2018 Opinion or Order Filing 17 INITIAL SCHEDULING ORDER: Amended Pleadings due by 10/6/2018; Joinder of Parties due by 10/6/2018; The parties shall complete all fact discovery by 12/13/2018; A Post-Discovery Status Conference is set for 2/11/2019, at 10:00 AM before Judge Kim R. Gibson, and as more fully stated in said Initial Scheduling order. Signed by Judge Kim R. Gibson on 9/14/2018. (dlg)
September 17, 2018 Filing 16 Minute Entry for proceedings held before Judge Kim R. Gibson: An Initial Rule 16 Scheduling Conference was held with counsel for Defendant appearing in person and counsel for Plaintiff appearing telephonically on 9/14/2018. The Court noted that counsel had filed all the appropriate documents and began by reviewing the parties' proposed initial scheduling order. Both counsel indicated they were in agreement as to all the proposed dates. The Court noted that it will schedule a post-discovery status conference in February 2019. Next, the Court reviewed the parties' ADR stipulation. The Court noted that mediation is expected to occur on November 8, 2018, and stated that it would give the parties until November 30, 2018, to complete the mediation. Counsel next gave a brief description of the case and their respective positions, and as more fully stated in said Conference Memo. (Court Reporter: None) (dlg)
September 14, 2018 Filing 15 NOTICE of Appearance by Arthur W. Zamosky on behalf of FIFTH THIRD BANK. (Zamosky, Arthur)
September 14, 2018 Filing 14 STIPULATION selecting ADR process by FIFTH THIRD BANK. (Zamosky, Arthur)
September 10, 2018 Opinion or Order Filing 13 ORDER - it is hereby Ordered that the Court GRANTS the joint Motion for Rule 16 Conference (ECF No. #12 ). The Rule 16 Case Management Conference previously scheduled for 9/28/2018 is hereby cancelled and rescheduled for Friday, 9/14/2018, at 1:30 p.m. Signed by Judge Kim R. Gibson on 9/10/2018. (dlg)
September 7, 2018 Filing 12 Consent MOTION for Hearing for Rule 16 Conference by FIFTH THIRD BANK. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Sturm, Kerri)
September 7, 2018 Filing 11 Proposed Initial Scheduling Order by FIFTH THIRD BANK. (Sturm, Kerri)
September 7, 2018 Filing 10 REPORT of Rule 26(f) Planning Meeting. (Sturm, Kerri)
August 28, 2018 Opinion or Order Filing 9 CASE MANAGEMENT ORDER - Case Management Conference set for 9/28/2018 at 11:00 a.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 8/28/2018. (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)
August 17, 2018 Filing 8 Disclosure Statement identifying None as corporate parent or other affiliate, by WESTWOOD ZAMIAS LIMITED PARTNERSHIP. (Harrison, Kathryn)
August 17, 2018 Filing 7 ANSWER to #1 Complaint, Answer & Affirmative Defenses of Westwood Zamias Limited Partnership to Complaint Filed by Fifth Third Bank by WESTWOOD ZAMIAS LIMITED PARTNERSHIP. (Attachments: #1 Proposed Order) (Harrison, Kathryn)
August 16, 2018 Filing 6 NOTICE of Appearance by Paul J. Cordaro on behalf of WESTWOOD ZAMIAS LIMITED PARTNERSHIP. (Cordaro, Paul)
July 25, 2018 Filing 5 NOTICE of Appearance by John J. Richardson on behalf of FIFTH THIRD BANK. (Richardson, John)
July 24, 2018 Filing 4 SUMMONS/Return of Service Returned Executed by FIFTH THIRD BANK. WESTWOOD ZAMIAS LIMITED PARTNERSHIP served on 7/19/2018, answer due 8/9/2018. (Sturm, Kerri)
July 19, 2018 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)
July 18, 2018 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)
July 17, 2018 Filing 1 COMPLAINT against WESTWOOD ZAMIAS LIMITED PARTNERSHIP (Filing fee, including Administrative fee, $400, receipt number 0315-4797200), filed by FIFTH THIRD BANK. (Attachments: #1 Civil Cover Sheet, #2 Summons as to Westwood Zamias Limited Partnership, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C) (jv)
July 17, 2018 Summons Issued as to WESTWOOD ZAMIAS LIMITED PARTNERSHIP (jv)

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Defendant: WESTWOOD ZAMIAS LIMITED PARTNERSHIP
Represented By: Kathryn L. Harrison
Represented By: Paul J. Cordaro
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Plaintiff: FIFTH THIRD BANK
Represented By: Kerri Coriston Sturm
Represented By: Arthur W. Zamosky
Represented By: John J. Richardson
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