O'Meara v. Fidelity Investments et al
| Jeffrey O'Meara, as next friend of Thomas J. OMeara, Individually and as Grantor, Trustee and Beneficiary of The Thomas J. and Gail A. O'Meara Revocable Trust Dated January 25, 2002 |
| American Express National Bank, SunTrust Bank and Fidelity Investments |
| Clerk W. Aaron Hall |
| 2:2020cv02838 |
| November 18, 2020 |
| US District Court for the Western District of Tennessee |
| Charmiane G Claxton |
| Jon Phipps McCalla |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 27
SCHEDULING ORDER and ORDER GRANTING #6 , #18 DEFENDANTS FIDELITY INVESTMENT'S AND AMERICAN EXPRESS NATIONAL BANK'S MOTIONS TO COMPEL ARBITRATION and ORDER DENYING #17 JOINT MOTION TO STAY. Signed by Judge Jon Phipps McCalla on 1/14/2021. (joj)
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| Filing 26 SETTING LETTER: A Telephonic Status Conference is set for Thursday, 2/11/2021 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
| Filing 25 Minute Entry for proceedings held before Judge Jon Phipps McCalla: Telephonic Scheduling Conference held on 1/13/2021. Amber Griffin Shaw and Laura Martin appeared with new associate, Russell Born, for the Plaintiff. Joshua Jones, Jordan Caralisa Connell, Zachary Kisber, and Robert Tom appeared for the Defendants. Arguments heard as to Motions' to Compel Arbitration [6, 18, 24]. Sun Trust Response to Plaintiff's Motion to Compel #24 will be due by Tuesday, 1/19/2021. Plaintiff will reply by Friday, 1/22/2021. Case proportionality reviewed in re: to remaining monies in the trust. Court will grant defendants' motions (Fidelity and American Express) to compel arbitration [6, 18]. Rule 26(a)(1) disclosures will proceed as to Plaintiff and defendant, Sun Trust. Initial disclosures will be due by 1/27/2021. Other parties to join are not anticipated. Plaintiff anticipates amending complaint. Additional schedule will be set. The court set a follow-up Telephonic Status/Scheduling Conference for Thursday, 2/11/2021 at 9:30 a.m. An Order will be entered. (Court Reporter: Kristi Heasley) (jrs) |
| Filing 24 MOTION to Compel Arbitration as to Defendant SunTrust by Jeffrey O'Meara, as next friend of Thomas J. OMeara, Individually and as Grantor, Trustee and Beneficiary of The Thomas J. and Gail A. O'Meara Revocable Trust Dated January 25, 2002. (Martin, Laura) |
| Filing 23 REPORT of Rule 26(f) Planning Meeting Joint Rule 26(f) Planning Report (proposed order submitted). (Kisber, Zachary) |
| Filing 22 MOTION to Dismiss Complaint for Breach of Contract with Prejudice by SunTrust Bank. (Attachments: #1 Memorandum)(Kisber, Zachary) |
| Filing 21 SETTING LETTER: The Scheduling Conference is RESET to Wednesday, 1/13/2021 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) |
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Filing 20
ORDER RESETTING TELEPHONIC SCHEDULING CONFERENCE AND ORDER REQUIRING DISCLOSURE OF ARBITRATION AGREEMENTS. Signed by Judge Jon Phipps McCalla on 12/10/2020. (joj)
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| Filing 19 MEMORANDUM in Support re #18 MOTION to Compel Arbitration filed by American Express National Bank. (Connell, Jordan) |
| Filing 18 MOTION to Compel Arbitration by American Express National Bank. (Attachments: #1 Exhibit A- Declaration of Keith Herr)(Connell, Jordan) |
| Filing 17 Joint MOTION to Stay Scheduling Conference and Other Rule 26 Duties(proposed order submitted) by SunTrust Bank. (Kisber, Zachary) |
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Filing 16
ORDER GRANTING #15 PLAINTIFF'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION TO COMPEL ARBITRATION AND TO STAY PENDING ARBITRATION. Signed by Judge Jon Phipps McCalla on 12/3/2020. (joj)
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| Filing 15 MOTION for Extension of Time to File Response/Reply proposed order submitted by Jeffrey O'Meara, as next friend of Thomas J. OMeara, Individually and as Grantor, Trustee and Beneficiary of The Thomas J. and Gail A. O'Meara Revocable Trust Dated January 25, 2002. (Shaw, Amber) |
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Filing 14
*TEXT ORDER* GRANTING #13 MOTION TO EXTEND TIME FOR AMERICAN EXPRESS NATIONAL BANK TO FILE RESPONSIVE PLEADING TO PLAINTIFF'S COMPLAINT. DEFENDANT AMERICAN EXPRESS NATIONAL BANK SHALL FILE ITS RESPONSIVE PLEADING BY NO LATER THAN WEDNESDAY, DECEMBER 9, 2020. Signed by Judge Jon Phipps McCalla on 11/24/2020. (joj)
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| Filing 13 MOTION for Extension of Time to File Answer Proposed Order Submitted by American Express National Bank. (Attachments: #1 Exhibit 1 - Proposed Order)(Connell, Jordan) |
| Filing 12 NOTICE of Appearance by Jordan Caralisa Connell on behalf of American Express National Bank (Connell, Jordan) |
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Filing 11
ORDER GRANTING #10 DEFENDANT TRUIST BANK'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. Signed by Judge Jon Phipps McCalla on 11/24/2020. (joj)
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| Filing 10 MOTION for Extension of Time to File Response/Reply to Complaint (proposed order submitted) by SunTrust Bank. (Tom, Robert) |
| Filing 9 SETTING LETTER: A Telephonic Scheduling Conference is set for Tuesday, 12/15/2020 at 9:30 AM before Judge Jon Phipps McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. (jrs) (Main Document 9 replaced on 11/20/2020 - correction of day) (jrs). |
| Filing 8 NOTICE of Appearance by Zachary A. Kisber on behalf of SunTrust Bank (Kisber, Zachary) |
| Filing 7 MEMORANDUM in Support re #6 MOTION to Compel Arbitration and Stay Pending Arbitration filed by Fidelity Investments. (Attachments: #1 Proposed Order)(Jones, Joshua) |
| Filing 6 MOTION to Compel Arbitration and Stay Pending Arbitration by Fidelity Investments. (Attachments: #1 Exhibit A)(Jones, Joshua) |
| Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (jld) |
| Filing 4 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (jld) |
| Filing 3 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (jld) |
| Filing 2 Judge Jon Phipps McCalla and Magistrate Judge Charmiane G. Claxton added. (jld) |
| Filing 1 NOTICE OF REMOVAL by SunTrust Bank from Chancery Court of Shelby County Tennessee, case number CH-20-1283-II (Filing fee $ 400 receipt number ATNWDC-3486851), filed by SunTrust Bank. (Attachments: #1 Exhibit A-Summons and Complaint, #2 Civil Cover Sheet)(Tom, Robert) |
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