Franz et al v. Evolve Bank & Trust
| Mark Hingle and Joanna Franz |
| Evolve Bank & Trust |
| 2:2024cv02742 |
| October 7, 2024 |
| U.S. District Court for the Western District of Tennessee |
| Memphis Office |
| Charmiane G Claxton |
| Sheryl H Lipman |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question: Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 26, 2024. A more recent docket listing may be available from PACER.
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Filing 29
ORDER Granting 34 Plaintiffs' Motion to Appoint Leadership. Signed by Chief Judge Sheryl H. Lipman on 11/26/2024. (shl). Signed by Chief Judge Sheryl H. Lipman on 11/26/24. **Please note that this is a duplicate entry for DE# 46 on the Master MDL Docket sheet. Duplicated entry to spread entry to all member cases.** Associated Cases: 2:24-md-03127-SHL-cgc et al.(cdi)
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| Filing 28 SETTING LETTER: A CASE MANAGEMENT CONFERENCE has been SET for FRIDAY, FEBRUARY 28, 2025 at 9:30 A.M. before Chief Judge Sheryl H. Lipman. The conference will be held via Microsoft Teams Video. A link to the video conference will be emailed to the attorneys prior to the setting. The public may also access the video proceeding. If the public and/or media wish to attend in the video proceeding, please click on the following link to request access information: #https://www.tnwd.uscourts.gov/videohearings. The access information will be delivered via email to the email address from which the request originated.Parties should consult the instructions for #Joining a Meeting in Teams or #Joining a Meeting Without a Teams Account.Associated Cases: 2:24-md-03127-SHL-cgc, et al.(mmm) |
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Filing 27
CASE MANAGEMENT ORDER NO. 1. Signed by Chief Judge Sheryl H. Lipman on 11/21/2024. Associated Cases: 2:24-md-03127-SHL-cgc et al. (shl)
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| Filing 26 Minute Entry for proceedings held before Judge Sheryl H. Lipman: Initial Case Management Conference held via Microsoft Teams Video on 11/21/2024. Appearing for the Plaintiffs were: J. Gerard Stranch, IV, Marc H. Edelson, Kevin Hunter Sharp, Karl S. Gwaltney, Leigh Skye Montgomery, Nada Djordjevic, Jeffrey S Goldenberg, Nicholas Migliaccio, Scott E. Poynter, Michael K. Atkins, M. Anderson Berry, Frank L. Watson, III, and Julie Braman Kane. Appearing for the Defendants were: Marc Shapiro, Amisha R Patel, Robert L. J. Spence, Jr., Kristina A. Woo, Justin Holmes, Daniel W. Van Horn, and Alexandra Mormile. ECF 34 Motion to Appoint Leadership was discussed and all parties were asked if they had any objection to the motion. By close of business on Monday, 11/25/2024, parties should file something on the docket if they have an objection to ECF 34 or if they have something to add. The Court will then rule on the motion after this. The deadline to file the consolidated complaint is 1/20/2025. Mediation is scheduled for 1/31/2025. The next Case Management Conference is set for Friday, 2/28/2025 at 9:30 AM via Microsoft Teams Video before Chief Judge Sheryl H. Lipman. The Monday before the conference, parties are to file a proposed schedule if mediation is not successful. Parties should also file position briefs as well. 7.1 disclosures should be filed by the parties as soon as possible. The Court will file a separate order outlining dates and what should be included in the proposed scheduling order. (Court Reporter: Candace Covey) Associated Cases: 2:24-md-03127-SHL-cgc, et al.(mmm) |
| Filing 25 MOTION to Appoint Counsel Leadership by Duncan Meadows, Anton Shevchenko, Susan Colby, Jodi McLaughlin, Allen Payne, Anthony Webster, Lisa Adewole, Joseph Biron, Alec David Kovalczik, Ian Katsnelson, Jessica Marcantel, Bharath Rayam, Randell Huff, Patrice Perrier, Norilyn Prystalski, RACQUAL HOHLER, Charlton Batts, Xylia Sparks-Davis, Samantha Walker, 2552, Evin Shefa, TOWFEQ SARIF, Natasha Quiates, Gabriel Stiritz, Kendra Buchanan, Samantha Walker, 2743, Britney Sipa, Tamaika Osby, Tracy E Starling, Charles Vojta, Alisha Mitchell, Carl Bennett, William Britton, Jackson Dubray, Trae Santiago, Terrance Pruitt, Jasmine Mack, Teresa Faulkner, Jose Moran, Carmelot St-Louis, Charlie Anderson, Jordan Bell, David Henderson, Julie Ritchey, Chana Bynoe, Edward Nantz, Adam White. (Attachments: #1 Exhibit A: SJG Resume, #2 Exhibit B: Milberg Resume, #3 Exhibit C: Nussbaum Resume, #4 Exhibit D: KO Resume, #5 Exhibit E: Hausfeld Resume, #6 Exhibit F: Poynter Resume, #7 Exhibit G: C&M Resume)Associated Cases: 2:24-md-03127-SHL-cgc et al.(Stranch, J.) |
| Filing 24 NOTICE of Appearance by Marc Shapiro on behalf of Evolve Bank & Trust, Evolve Bank & Trust Corporation, Evolve Bank & Trust, Evolve Bank and Trust, Evolve Bank & Trust, Evolve Bank & Trust Associated Cases: 2:24-md-03127-SHL-cgc et al.(Shapiro, Marc) |
| Filing 23 CORRECTED NOTICE of Appearance by Amisha R Patel on behalf of Evolve Bank & Trust, Evolve Bank & Trust Corporation, Evolve Bank & Trust, Evolve Bank and Trust, Evolve Bank & Trust, Evolve Bank & Trust Associated Cases: 2:24-md-03127-SHL-cgc et al.(Patel, Amisha) |
| Filing 22 CORRECTED NOTICE of Appearance by Aravind Swaminathan on behalf of Evolve Bank & Trust, Evolve Bank & Trust Corporation, Evolve Bank & Trust, Evolve Bank and Trust, Evolve Bank & Trust, Evolve Bank & Trust Associated Cases: 2:24-md-03127-SHL-cgc et al.(Swaminathan, Aravind) |
| Filing 21 NOTICE TO ALL COUNSEL: MDL No.2:24-md-3127 has been opened and assigned to Chief Judge Lipman and Magistrate Judge Claxton. See Docket for further entries. As the case proceeds, counsel may be alerted to updated case listings, or Case Management Orders in a similar fashion. However, once Liaison Counsel are appointed and shoulder the responsibility of service for documents posted in the lead case, such docket entries will no longer be necessary. Please ensure that all filings are docketed in the Master MDL case 2:24-md-3127 and then spread to the member case(s) to which it applies. Associated Cases: 2:24-md-03127-SHL-cgc et al.(cdi) |
| Filing 20 Chief Judge Sheryl H. Lipman and Magistrate Judge Charmiane G. Claxton added. (jae) |
| Filing 19 Case transferred in from District of Arkansas Eastern; Case Number 4:24-cv-00566. Original file certified copy of transfer order and docket sheet received. |
| Filing 18 TRANSFER ORDER transferring this case to the U.S. District Court Western District of Tennessee as part of MDL No. 3127 In Re: Evolve Bank & Trust Customer Data Security Breach Litigation. Signed by the Chair of the Panel Nathaniel M. Gorton.(jak) [Transferred from Arkansas Eastern on 10/7/2024.] |
| MDL NOTICE: Case transferred in from Eastern District of Arkansas: 4:24-cv-00566. Associated Cases: 2:24-md-03127-SHL-cgc, 2:24-cv-02742-SHL-cgc(jae) |
| Cases associated: Create association to 2:24-md-03127-SHL-cgc. (jae) |
| Docket Note: Pursuant to #18 Transfer Order, this case was transferred to the U.S. District Court Western District of Tennessee as part of MDL No. 3127 In Re: Evolve Bank & Trust Customer Data Security Breach Litigation on this date. (jak) [Transferred from Arkansas Eastern on 10/7/2024.] |
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Filing 17
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion to stay, Doc. #15 , granted. All deadlines are stayed pending a ruling on transfer to the proposed MDL. Signed by Judge D. P. Marshall Jr. on 9/19/2024. (slb) [Transferred from Arkansas Eastern on 10/7/2024.]
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| Filing 16 BRIEF IN SUPPORT re #15 Motion to Stay filed by Evolve Bank & Trust. (Patel, Amisha) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 15 Unopposed MOTION to Stay by Evolve Bank & Trust (Attachments: #1 Exhibit A - Amended JPML Motion, #2 Exhibit B - Updated Schedule of Actions)(Patel, Amisha) [Transferred from Arkansas Eastern on 10/7/2024.] |
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Filing 14
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motions, Doc. #12 & #13 , granted. Amisha R. Patel and Aravind Swaminathan are admitted pro hac vice. Signed by Judge D. P. Marshall Jr. on 8/12/2024. (slb) [Transferred from Arkansas Eastern on 10/7/2024.]
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| Filing 13 MOTION for Leave to Appear pro hac vice by ARAVIND SWAMINATHAN. Fee $100 receipt number AAREDC-4799603. Filed by Evolve Bank & Trust (Van Horn, Daniel) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 12 MOTION for Leave to Appear pro hac vice by AMISHA R. PATEL. Fee $100 receipt number AAREDC-4799602. Filed by Evolve Bank & Trust (Van Horn, Daniel) [Transferred from Arkansas Eastern on 10/7/2024.] |
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Filing 11
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Unopposed motion, Doc. #8 , granted. Evolve Bank's answer or Rule 12(b) motion due by 4 October 2024. Signed by Judge D. P. Marshall Jr. on 8/2/2024. (slb) [Transferred from Arkansas Eastern on 10/7/2024.]
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| Filing 10 NOTICE of Appearance by Andrew B. Schrack on behalf of Evolve Bank & Trust (Schrack, Andrew) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 9 Corporate Disclosure Statement (Rule 7.1) by Evolve Bank & Trust (Van Horn, Daniel) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 8 MOTION for Extension of Time to File Answer Proposed Order Submitted by Evolve Bank & Trust (Van Horn, Daniel) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 7 NOTICE of Appearance by Daniel W. Van Horn on behalf of Evolve Bank & Trust (Van Horn, Daniel) [Transferred from Arkansas Eastern on 10/7/2024.] |
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Filing 6
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER: Motions, Doc. #4 & #5 , granted. John A. Yanchunis and Ronald Podolny are admitted pro hac vice. Signed by Judge D. P. Marshall Jr. on 7/22/2024. (slb) [Transferred from Arkansas Eastern on 10/7/2024.]
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| Filing 5 MOTION for Leave to Appear pro hac vice by Ronald Podolny. Fee $100 receipt number AAREDC-4787631. Filed by Joanna Franz, Mark Hingle (Bates, Joseph) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 4 MOTION for Leave to Appear pro hac vice by John A. Yanchunis. Fee $100 receipt number AAREDC-4787624. Filed by Joanna Franz, Mark Hingle (Bates, Joseph) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 3 SUMMONS Returned Executed by Mark Hingle, Joanna Franz. Evolve Bank & Trust served on 7/15/2024. (Pulliam, Randall) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 2 NOTICE of Appearance by Randall Keith Pulliam on behalf of Joanna Franz, Mark Hingle (Pulliam, Randall) [Transferred from Arkansas Eastern on 10/7/2024.] |
| Filing 1 CLASS ACTION COMPLAINT with Jury Demand against Evolve Bank & Trust filed by Mark Hingle, Joanna Franz. Summons issued and returned to counsel. (Fee of $405 paid. Receipt Number LIT6995.) (Attachments: #1 Civil Cover Sheet) (ajj) [Transferred from Arkansas Eastern on 10/7/2024.] |
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