Fifth Third Bank, National Association v. Metro Business Systems,LLC et al.
Plaintiff: Fifth Third Bank, National Association
Defendant: Metro Business Systems, LLC, Metro Document Solutions, LLC, Jerry Allen and Securus Capital LLC
Case Number: 1:2021cv00832
Filed: July 15, 2021
Court: US District Court for the Eastern District of Virginia
Presiding Judge: Theresa Carroll Buchanan
Referring Judge: T S Ellis
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 16, 2022 Filing 95 Clerk's Judgment pursuant to the order of this Court entered on June 16, 2022 and in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of the Plaintiff Fifth Third Bank and against the Defendants Metro Business Systems, LLC (MBS), Metro Document Services, LLC (MDS), and Jerry Allen (Allen) in the amount of $16,185,328.53 plus a per diem of $1,587.27 for each day after May 12, 2022 until the judgment is satisfied. Entered by Clerk on 6/16/2022. (nneb) Modified on 6/23/2022 (nneb, ).
June 16, 2022 Opinion or Order Filing 94 ORDER adopting Report and Recommendations re #90 Report and Recommendations; adopting Report and Recommendations re #92 Supplemental Report and Recommendations; and it is further ORDERED that plaintiff's motion for summary judgment (Dkt. 80) is GRANTED IN PART AND DENIED IN PART (see Order for further details). Signed by District Judge T. S. Ellis, III on 6/16/2022. (nneb) Modified on 6/23/2022 (nneb, ).
June 16, 2022 Filing 93 MOTION to Expedite Entry of Final Judgment by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(McKnight, Katherine)
May 24, 2022 Filing 92 SUPPLEMENTAL REPORT AND RECOMMENDATION re #91 MOTION Supplemental Damages Brief re #90 REPORT AND RECOMMENDATIONS re #84 MOTION for Default Judgment as to Defendant Metro Business Solutions LLC and Defendant Metro Document Solutions LLC filed by Fifth Third Bank, National Asso filed by Fifth Third Bank, National Association Objections to R&R due by 6/7/2022. Signed by Magistrate Judge Theresa Carroll Buchanan on 5/24/2022. (nneb)
May 12, 2022 Filing 91 MOTION Supplemental Damages Brief re #90 REPORT AND RECOMMENDATIONS re #84 MOTION for Default Judgment as to Defendant Metro Business Solutions LLC and Defendant Metro Document Solutions LLC filed by Fifth Third Bank, National Association, #80 MOTION for Summary Judgment by Fifth Third Bank, National Association. (Attachments: #1 Exhibit 1)(McKnight, Katherine)
April 29, 2022 Filing 90 REPORT AND RECOMMENDATIONS re #84 MOTION for Default Judgment as to Defendant Metro Business Solutions LLC and Defendant Metro Document Solutions LLC filed by Fifth Third Bank, National Association, #80 MOTION for Summary Judgment filed by Fifth Third Bank, National Association. Objections to R&R due by 5/13/2022. Signed by Magistrate Judge Theresa Carroll Buchanan on 4/29/2022. (swil)
March 24, 2022 Motion hearing set for 4/1/2022 terminated. Ruling to be made on pleadings. (dvanm)
March 11, 2022 Filing 89 Waiver of re #82 Notice of Hearing Date by Fifth Third Bank, National Association (McKnight, Katherine)
February 28, 2022 Opinion or Order Filing 88 ORDERED that Fifth Third's motion for summary judgment #80 is REFERRED to the assigned magistrate judge pursuant to 28 U.S.C. 636 for all further default proceedings and for preparation of a report and recommendation. The hearing on that motion set for April 1, 2022 at 10:00 am. will occur before the assigned magistrate judge. Signed by District Judge T. S. Ellis, III on 02/28/2022. (tran, c/m on 02/28/22)
February 28, 2022 Set Hearing as to #80 MOTION for Summary Judgment . Motion Hearing set for 4/1/2022 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (tran)
February 17, 2022 Opinion or Order Filing 87 ORDERED that this matter is REFERRED to the assigned magistrate judge pursuant to 28 U.S.C. 636 for all further default proceedings and for preparation of a prompt report and recommendation in re #84 MOTION for Default Judgment. Signed by District Judge T. S. Ellis, III on 02/17/2022. (c/m to defts)(jlan)
February 16, 2022 Filing 86 Waiver of Oral Argument on Motion for Entry of Default Judgment by Fifth Third Bank, National Association (McKnight, Katherine)
February 16, 2022 Filing 85 Memorandum in Support re #84 MOTION for Default Judgment as to Defendant Metro Business Solutions LLC and Defendant Metro Document Solutions LLC filed by Fifth Third Bank, National Association. (McKnight, Katherine)
February 16, 2022 Filing 84 MOTION for Default Judgment as to Defendant Metro Business Solutions LLC and Defendant Metro Document Solutions LLC by Fifth Third Bank, National Association. (McKnight, Katherine)
January 27, 2022 Set Deadlines as to #80 MOTION for Summary Judgment . Motion Hearing set for 4/1/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, )
January 27, 2022 Filing 83 Roseboro Notice as to Plaintiff's Motion for Summary Judgment by Fifth Third Bank, National Association (McKnight, Katherine)
January 27, 2022 Filing 82 Notice of Hearing Date re #80 MOTION for Summary Judgment (McKnight, Katherine)
January 27, 2022 Filing 81 Memorandum in Support re #80 MOTION for Summary Judgment filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(McKnight, Katherine)
January 27, 2022 Filing 80 MOTION for Summary Judgment by Fifth Third Bank, National Association. (McKnight, Katherine)
January 24, 2022 Opinion or Order Filing 79 ORDERED that Whitticar's motion to withdraw as an attorney #74 for this case is GRANTED. It is further ORDERED that the defendants in this case, namely Jerry Allen, Metro Business Systems, LLC, and Metro Document Solution, LLC, are directed to obtain new counsel and have their new counsel enter an appearance in this matter no later than Tuesday, February 15, 2022 at 5:00 p.m. The parties are reminded that the two corporate defendants, Metro Document Solutions, LLC and Metro Business Systems, LLC, cannot proceed pro se in this matter, and if those defendants do not retain counsel by Tuesday, February 15, 2022, they risk an entry of default judgment. Signed by District Judge T. S. Ellis, III on 01/24/2022. (tran)
January 21, 2022 Opinion or Order Filing 78 ORDERED that defense counsel Michael Whitticar's motion to withdraw as attorney (Dkt. 74) is TAKEN UNDER ADVISEMENT. Furthermore, Whitticar is DIRECTED to inform his client of the matters discussed at this hearing by no later than 5:00 p.m. on Monday, January 24, 2022. Signed by District Judge T. S. Ellis, III on 01/21/2022. (choy, )
January 21, 2022 Filing 77 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Telephonic Motion Hearing held on 1/21/2022 re #74 MOTION to Withdraw as Attorney filed by Metro Document Solutions, LLC, Jerry Allen, Metro Business Systems, LLC. Daniel Quick and Katherine McKnight appeared on behalf of the plaintiff.Michael Whitticar appeared on behalf of the defendants, Metro Business Systems, LLC, Metro Document Solutions LLC and Jerry Allen.Matter argued. Court finds there are irreconcilable differences between defense counsel and the three (3) defendants that would warrant a withdrawal. Defense counsel is directed to communicate with the defendant of the courts ruling and that the defendant will have twenty-one (21) days to retain new counsel. The defendant may represent himself but the corporation cannot represent itself. Plaintiff to file brief on what would warrant a summary judgment by 5:00 p.m. on Thursday, January 27, 2022.Order to follow. Court Reporter: R. Stonestreet(tran)
January 19, 2022 Filing 76 RESPONSE to Motion re #74 MOTION to Withdraw as Attorney filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McKnight, Katherine)
January 18, 2022 Set Deadlines as to #74 MOTION to Withdraw as Attorney . Motion Hearing set for 1/21/2022 at 10:00 AM in Alexandria Telephonically before District Judge T. S. Ellis III. (tran)
January 18, 2022 Reset Deadlines as to #74 MOTION to Withdraw as Attorney . Motion Hearing set for 1/21/2022 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, )
January 14, 2022 Set Deadlines as to #74 MOTION to Withdraw as Attorney . Motion Hearing set for 1/21/2022 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, )
January 14, 2022 MOTIONS REFERRED to Magistrate Judge: Buchanan. #74 MOTION to Withdraw as Attorney (clar, )
January 14, 2022 Filing 75 Notice of Hearing Date re #74 MOTION to Withdraw as Attorney (Whitticar, Michael)
January 14, 2022 Filing 74 MOTION to Withdraw as Attorney by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC. (Whitticar, Michael)
January 5, 2022 Opinion or Order Filing 73 ORDER granting #72 Consent MOTION for Extension of Time. It is further ORDERED that the following deadlines apply to this case: 1. Discovery must be completed by February 21, 2022, 2. Dispositive motions must be filed by February 28, 2022, 3. The hearing on any dispositive motions must be noticed for April 1, 2022; and 4. The final pretrial conference will be set for March 3, 2022 if no dispositive motions are filed, and April 21, 2022 if any dispositive motions are filed. Signed by District Judge T. S. Ellis, III on 01/05/2022. (choy, )
January 5, 2022 Filing 72 Consent MOTION for Extension of Time by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(McKnight, Katherine)
January 5, 2022 Set Hearings: Final Pretrial Conference set for 3/3/2022 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (choy, )
January 5, 2022 Set Hearings Final Pretrial Conference set for 4/21/2022 at 04:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (choy, )
December 13, 2021 Opinion or Order Filing 71 ORDER granting #70 Joint MOTION for Entry of Stipulated Order of Dismissal of Securus Capital LLC. ORDERED that Securus (only) is dismissed without prejudice and without costs or attorneys' fees, and Securus' Counterclaim is dismissed with prejudice. If there is no further motion by Plaintiff wit regard to this Order by the 101st day of date of its entry, then the Order shall be with prejudice as to the claims asserted against Securus Capital LLC without further Order of the Court. Signed by District Judge T. S. Ellis, III on 12/13/2021. (choy, )
December 13, 2021 Filing 70 Joint MOTION for Entry of Stipulated Order of Dismissal of Securus Capital LLC by Fifth Third Bank, National Association. (Attachments: #1 Stipulated Order of Dismissal of Securus Capital LLC)(McKnight, Katherine)
November 12, 2021 Filing 69 ANSWER to Complaint , Affirmative Defenses and, COUNTERCLAIM against Fifth Third Bank, National Association by Securus Capital LLC.(Vieth, Robert)
November 12, 2021 Opinion or Order Filing 68 ORDER denying as moot #61 MOTION to Compel. It is further ORDERED that the hearing scheduled for Friday, November 19, 2021 is CANCELLED. Signed by Magistrate Judge Theresa Carroll Buchanan on 11/12/2021. (choy, )
November 12, 2021 Filing 67 Withdrawal of Motion by Fifth Third Bank, National Association re #61 MOTION to Compel (McKnight, Katherine)
November 11, 2021 Filing 66 ANSWER to Complaint by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC.(Whitticar, Michael)
November 10, 2021 Opinion or Order Filing 65 ORDERED that the hearing scheduled for Friday, November 12, 2021 is RESCHEDULED to Friday, November 19, 2021 at 10:00 a.m. Signed by Magistrate Judge Theresa Carroll Buchanan on 11/10/2021. (choy, )
November 10, 2021 Reset Hearing: Motion Hearing set for 11/19/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (choy, )
November 9, 2021 Filing 64 RESPONSE to Motion re #61 MOTION to Compel filed by Securus Capital LLC. (Vieth, Robert)
November 5, 2021 Set Deadlines as to #61 MOTION to Compel . Motion Hearing set for 11/12/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, )
November 5, 2021 MOTIONS REFERRED to Magistrate Judge: Buchanan. #61 MOTION to Compel (clar, )
November 5, 2021 Filing 63 Notice of Hearing Date set for November 12, 2021 re #61 MOTION to Compel (McKnight, Katherine)
November 5, 2021 Filing 62 Memorandum in Support re #61 MOTION to Compel filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McKnight, Katherine)
November 5, 2021 Filing 61 MOTION to Compel by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(McKnight, Katherine)
November 1, 2021 Opinion or Order Filing 60 ORDERED that the MBS defendants' motion to motion to dismiss for failure to state a claim (Dkt. 23) is DENIED. It is further ORDERED that Securus Capital's motion to dismiss for failure to state a claim (Dkt. 37) is DENIED. Signed by District Judge T. S. Ellis, III on 11/01/2021. (choy, )
October 29, 2021 Filing 59 Minute Entry for proceedings held before District Judge T. S. Ellis, III: Motion Hearing held on 10/29/2021 re #37 MOTION to Dismiss for Failure to State a Claim filed by Securus Capital LLC, #23 MOTION to Dismiss for Failure to State a Claim filed by Metro Document Solutions, LLC, Jerry Allen, Metro Business Systems, LLC.Daniel Quick and Katherine McKnight appeared on behalf of the plaintiff.Michael Whitticar appeared on behalf of the defendant, Metro Business Systems, LLC, Metro Document SolutionsLLC, and Jerry Allen.Allison Klena and Robert Vieth appeared on behalf of the defendant Securus Capital LLC.Matter argued. Motions #23 and #37 -DENIED. Order to follow. Court Reporter: R. Stonestreet(tran)
October 28, 2021 Opinion or Order Filing 58 Order Rule 16(b) Scheduling Order. Upon consideration of the representations made by the parties in the Joint Discovery Plan #57 and taking note of the Scheduling Order #54 entered in this case, the Court makes the following rulings: 1. All discovery shall be concluded by Friday, January 21, 2022. 2. The Joint Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. 3. The pretrial conference scheduled for Wednesday, November 3, 2021 at 11:00 a.m. is cancelled. See order for further details. Signed by Magistrate Judge Theresa Carroll Buchanan on 10/28/2021. (lgue, )
October 27, 2021 Filing 57 Joint Proposed Discovery Plan by Fifth Third Bank, National Association.(McKnight, Katherine)
October 14, 2021 Opinion or Order Filing 56 ORDERED that the hearing on defendants' motions to dismiss (Dkts. #23 , #37 ) currently scheduled for October 22, 2021 is RESCHEDULED to October 29, 2021 at 1:00 p.m. Signed by District Judge T. S. Ellis, III on 10/14/2021. (tran)
October 14, 2021 Reset Hearing as to #37 MOTION to Dismiss for Failure to State a Claim , #23 MOTION to Dismiss for Failure to State a Claim . Motion Hearing reset for 10/29/2021 at 01:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (tran)
October 7, 2021 Filing 55 REPLY to Response to Motion re #37 MOTION to Dismiss for Failure to State a Claim filed by Securus Capital LLC. (Vieth, Robert)
October 1, 2021 Opinion or Order Filing 53 ORDER granting in its entirety #41 Plaintiff's Motion to Open Discovery as to the MBS Defendants and to Compel Discovery. ORDERED that Defendants shall respond to the requests within ten (10) days of the Court's Order. Signed by Magistrate Judge Theresa Carroll Buchanan on 10/01/2021. (choy, )
September 30, 2021 Opinion or Order Filing 52 ORDER granting #50 Defendant's Motion for Extension of Time to Respond to Plaintiff's Opposition to Motion to Dismiss; ORDERED that Securus shall file its reply to Plaintiff's opposition to Securus' motion to dismiss the Complaint on or before Thursday, October 7, 2021, and such response shall be deemed timely filed. Signed by Magistrate Judge Theresa Carroll Buchanan on 09/30/2021. (choy, )
September 30, 2021 Per TCB chambers motions set for 10/1/2021 on the pleadings (clar, )
September 30, 2021 The re #41 MOTION to Compel by Fifth Third Bank, National Association will be decided on the pleadings. (lcre, )
September 29, 2021 Filing 51 RESPONSE in Opposition re #41 MOTION to Compel filed by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC. (Attachments: #1 Affidavit, #2 Exhibit)(Whitticar, Michael)
September 29, 2021 Filing 50 Consent MOTION for Extension of Time to File Response/Reply by Securus Capital LLC. (Attachments: #1 Proposed Order)(Vieth, Robert)
September 29, 2021 Opinion or Order Filing 49 ORDER granting #46 Plaintiff's Motion to Reschedule the Hearing; ORDERED that the hearing on defendants' motions to dismiss (Dkts. 23, 37) currently scheduled for October 15, 2021 (Dkt. 40) is RESCHEDULED to October 22, 2021 at 10:00 am. Signed by District Judge T. S. Ellis, III on 09/29/2021. (choy, )
September 29, 2021 Reset Hearing as to #37 MOTION to Dismiss , #23 MOTION to Dismiss . Motion Hearing set for 10/22/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (choy, )
September 28, 2021 Filing 48 Memorandum in Opposition re #37 MOTION to Dismiss for Failure to State a Claim filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit 1)(McKnight, Katherine)
September 27, 2021 Filing 47 RESPONSE to Motion re #41 MOTION to Compel filed by Securus Capital LLC. (Vieth, Robert)
September 27, 2021 Filing 46 Consent MOTION to Reschedule Hearing re #37 MOTION to Dismiss for Failure to State a Claim , #40 Order, #23 MOTION to Dismiss for Failure to State a Claim by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(McKnight, Katherine)
September 20, 2021 Filing 45 MOTIONS REFERRED to Magistrate Judge: Buchanan. #41 MOTION to Compel (klau, )
September 20, 2021 Opinion or Order Filing 44 This matter comes before the Court on Plaintiff Fifth Third Bank, National Associations (Plaintiff) Motion to Compel #41 The motion is currently set for hearing on Friday, September 24, 2021. Upon review of the Courts docket, it is hereby ORDERED that this matter is RESCHEDULED for Friday, October 1, 2021 at 10:00 a.m. Signed by Magistrate Judge Theresa Carroll Buchanan on 9/20/21. (tfitz, )
September 17, 2021 Filing 43 Request for Hearing by Fifth Third Bank, National Association re #41 MOTION to Compel (McKnight, Katherine)
September 17, 2021 Filing 42 Memorandum in Support re #41 MOTION to Compel filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit EXHIBIT 1, #2 Exhibit EXHIBIT 2, #3 Exhibit EXHIBIT 3, #4 Exhibit EXHIBIT 4, #5 Exhibit EXHIBIT 5, #6 Exhibit EXHIBIT 6)(McKnight, Katherine)
September 17, 2021 Filing 41 MOTION to Compel by Fifth Third Bank, National Association. (McKnight, Katherine)
September 14, 2021 Opinion or Order Filing 40 ORDERED that the hearings on the defendants' motions to dismiss (Dkt. 23, Dkt. 37) are rescheduled from September 3, 2021 and October 8, 2021 to October 15, 2021 at 10:30 am in re #37 MOTION to Dismiss and #23 MOTION to Dismiss. Signed by District Judge T. S. Ellis, III on 09/14/2021. (jlan)
September 14, 2021 Filing 39 Notice of Hearing Date October 8, 2021 re #37 MOTION to Dismiss for Failure to State a Claim (Vieth, Robert) Modified text on 9/15/2021 (klau, ).
September 14, 2021 Filing 38 Memorandum in Support re #37 MOTION to Dismiss for Failure to State a Claim filed by Securus Capital LLC. (Vieth, Robert)
September 14, 2021 Filing 37 MOTION to Dismiss for Failure to State a Claim by Securus Capital LLC. (Attachments: #1 Proposed Order)(Vieth, Robert)
September 14, 2021 Reset Deadlines as to #37 MOTION to Dismiss and #23 MOTION to Dismiss. Motion Hearing set for 10/15/2021 at 10:30 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (jlan)
September 9, 2021 Opinion or Order Filing 36 ORDER granting #32 Joint MOTION for Entry of Stipulated Order Preserving Assets. Signed by Magistrate Judge Theresa Carroll Buchanan on 9/9/2021. (see order for details)(shea)
September 9, 2021 Opinion or Order Filing 35 STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Theresa Carroll Buchanan on 9/9/2021. (shea)
September 9, 2021 Filing 34 Waiver of re #32 Joint MOTION for Entry of Stipulated Order Preserving Assets by Fifth Third Bank, National Association (McKnight, Katherine)
September 9, 2021 Filing 33 Waiver of re #31 Joint MOTION for Protective Order Stipulated by All Parties by Fifth Third Bank, National Association (McKnight, Katherine)
September 8, 2021 Filing 32 Joint MOTION for Entry of Stipulated Order Preserving Assets by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order Preserving Assets)(McKnight, Katherine)
September 8, 2021 Filing 31 Joint MOTION for Protective Order Stipulated by All Parties by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order Stipulated Protective Order)(McKnight, Katherine)
September 1, 2021 Opinion or Order Filing 30 ORDERED that the hearing on the defendants' motion to dismiss #23 is RESCHEDULED from September 3, 2021 to September 24, 2021 at 1:00 p.m. Signed by District Judge T. S. Ellis, III on 09/01/2021. (choy, )
September 1, 2021 Reset Hearing as to #23 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 9/24/2021 at 01:00 PM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (choy, )
August 30, 2021 Filing 29 REPLY to Response to Motion re #23 MOTION to Dismiss for Failure to State a Claim filed by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC. (Whitticar, Michael)
August 24, 2021 Filing 28 RESPONSE to Motion re #23 MOTION to Dismiss for Failure to State a Claim filed by Securus Capital LLC. (Vieth, Robert)
August 24, 2021 Filing 27 Memorandum in Opposition re #23 MOTION to Dismiss for Failure to State a Claim filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit 1)(McKnight, Katherine)
August 16, 2021 Set Deadlines as to #23 MOTION to Dismiss for Failure to State a Claim . Motion Hearing set for 9/3/2021 at 10:00 AM in Alexandria Courtroom 900 before District Judge T. S. Ellis III. (clar, )
August 16, 2021 Filing 26 Notice of Hearing Date set for September 3, 2021 re #23 MOTION to Dismiss for Failure to State a Claim (Whitticar, Michael)
August 12, 2021 Opinion or Order Filing 25 ORDER granting #21 Motion for Pro hac vice Appointed Alma Sobo for Fifth Third Bank, National Association. Signed by District Judge T. S. Ellis, III on 08/12/2021. (clar, )
August 10, 2021 Notice of Correction re #23 MOTION to Dismiss for Failure to State a Claim . Unfortunately, document number #23 was filed without a Notice of Hearing Date that sets the motion for a Friday docket. Your motion will not be ruled on until you have filed a Notice of Hearing Date setting the motion for an appropriate Friday docket or all parties concerned have filed a Notice of Waiver of oral Argument. (choy, )
August 10, 2021 Filing 24 Memorandum in Support re #23 MOTION to Dismiss for Failure to State a Claim filed by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC. (Whitticar, Michael)
August 10, 2021 Filing 23 MOTION to Dismiss for Failure to State a Claim by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC. (Whitticar, Michael)
August 6, 2021 Opinion or Order Filing 22 ORDER Granting #16 Motion to Expedite Discovery (see Order for details). Signed by Magistrate Judge Theresa Carroll Buchanan on 08/06/2021. (choy )
August 6, 2021 Filing 21 Motion to appear Pro Hac Vice by Alma Sobo and Certification of Local Counsel Katherine L. McKnight Filing fee $ 75, receipt number AVAEDC-7932103. by Fifth Third Bank, National Association. (McKnight, Katherine)
August 6, 2021 Filing 20 RESPONSE in Opposition re #16 MOTION to Expedite DISCOVERY filed by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC. (Attachments: #1 Exhibit Ex. A)(Whitticar, Michael)
August 6, 2021 Filing 19 NOTICE of Appearance by Michael Christian Whitticar on behalf of Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC (Whitticar, Michael)
August 5, 2021 Per TCB chambers motions set for 8/6/2021 on the pleadings (clar, )
August 3, 2021 Filing 18 RESPONSE in Support re #16 MOTION to Expedite DISCOVERY filed by Securus Capital LLC. (Attachments: #1 Exhibit D to Complaint)(Vieth, Robert)
July 30, 2021 Set Deadlines as to #16 MOTION to Expedite DISCOVERY. Motion Hearing set for 8/6/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (clar, )
July 30, 2021 MOTIONS REFERRED to Magistrate Judge: Buchanan. #16 MOTION to Expedite DISCOVERY (clar, )
July 30, 2021 Filing 17 Notice of Hearing Date set for August 6, 2021 at 10:00 a.m. re #16 MOTION to Expedite DISCOVERY (McKnight, Katherine)
July 30, 2021 Filing 16 MOTION to Expedite DISCOVERY by Fifth Third Bank, National Association. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(McKnight, Katherine)
July 28, 2021 Opinion or Order Filing 15 ORDER granting #11 Motion for Pro hac vice Appointed Daniel Dietrlch Quick for Fifth Third Bank, National Association. Signed by District Judge T. S. Ellis, III on 07/28/2021. (clar, )
July 27, 2021 Filing 14 NOTICE of Appearance by Allison Klena on behalf of Securus Capital LLC (Klena, Allison)
July 27, 2021 Filing 13 NOTICE of Appearance by Robert R. Vieth on behalf of Securus Capital LLC (Vieth, Robert)
July 27, 2021 Filing 12 WAIVER OF SERVICE Returned Executed by Securus Capital LLC. Securus Capital LLC waiver sent on 7/16/2021, answer due 9/14/2021. (Vieth, Robert)
July 27, 2021 Filing 11 Motion to appear Pro Hac Vice by Daniel Dietrich Quick and Certification of Local Counsel Katherine L. McKnight Filing fee $ 75, receipt number AVAEDC-7912479. by Fifth Third Bank, National Association. (McKnight, Katherine)
July 26, 2021 Filing 10 SUMMONS Returned Executed by Fifth Third Bank, National Association Metro Document Solutions, LLC served on 7/21/2021, answer due 8/11/2021 (McKnight, Katherine)
July 26, 2021 Filing 9 SUMMONS Returned Executed by Fifth Third Bank, National Association Metro Business Systems, LLC served on 7/21/2021, answer due 8/11/2021 (McKnight, Katherine)
July 26, 2021 Filing 8 SUMMONS Returned Executed by Fifth Third Bank, National Association Jerry Allen served on 7/21/2021, answer due 8/11/2021 (McKnight, Katherine)
July 16, 2021 Filing 7 Summons Issued as to Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC, Securus Capital LLC. NOTICE TO ATTORNEY: Print out two Electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: #1 Notice to Attorney)(choy, )
July 15, 2021 Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Theresa Carroll Buchanan. (choy, )
July 15, 2021 Filing 6 Proposed Summons Securus Capital LLC by Fifth Third Bank, National Association. (McKnight, Katherine)
July 15, 2021 Filing 5 Proposed Summons Metro Document Solutions, LLC by Fifth Third Bank, National Association. (McKnight, Katherine)
July 15, 2021 Filing 4 Proposed Summons Metro Business Systems, LLC by Fifth Third Bank, National Association. (McKnight, Katherine)
July 15, 2021 Filing 3 Proposed Summons Jerry Allen by Fifth Third Bank, National Association. (McKnight, Katherine)
July 15, 2021 Filing 2 Corporate Disclosure Statement by Fifth Third Bank, National Association. (McKnight, Katherine)
July 15, 2021 Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-7893329.), filed by Fifth Third Bank, National Association. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Civil Cover Sheet Civil Cover Sheet)(McKnight, Katherine)

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Plaintiff: Fifth Third Bank, National Association
Represented By: Katherine Lea McKnight
Represented By: Daniel Dietrlch Quick
Represented By: Alma Sobo
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Defendant: Metro Business Systems, LLC
Represented By: Michael Christian Whitticar
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Defendant: Metro Document Solutions, LLC
Represented By: Michael Christian Whitticar
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Defendant: Jerry Allen
Represented By: Michael Christian Whitticar
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Defendant: Securus Capital LLC
Represented By: Allison Klena
Represented By: Robert R. Vieth
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