Fifth Third Bank, National Association v. Metro Business Systems,LLC et al.
Fifth Third Bank, National Association |
Metro Business Systems, LLC, Metro Document Solutions, LLC, Jerry Allen and Securus Capital LLC |
1:2021cv00832 |
July 15, 2021 |
US District Court for the Eastern District of Virginia |
Theresa Carroll Buchanan |
T S Ellis |
Contract: Other |
28 U.S.C. § 1332 Diversity-Breach of Contract |
None |
Docket Report
This docket was last retrieved on June 16, 2022. A more recent docket listing may be available from PACER.
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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, ). |
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Filing 93 MOTION to Expedite Entry of Final Judgment by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(McKnight, Katherine) |
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) |
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) |
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) |
Motion hearing set for 4/1/2022 terminated. Ruling to be made on pleadings. (dvanm) |
Filing 89 Waiver of re #82 Notice of Hearing Date by Fifth Third Bank, National Association (McKnight, Katherine) |
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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) |
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Filing 86 Waiver of Oral Argument on Motion for Entry of Default Judgment by Fifth Third Bank, National Association (McKnight, Katherine) |
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) |
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) |
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, ) |
Filing 83 Roseboro Notice as to Plaintiff's Motion for Summary Judgment by Fifth Third Bank, National Association (McKnight, Katherine) |
Filing 82 Notice of Hearing Date re #80 MOTION for Summary Judgment (McKnight, Katherine) |
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) |
Filing 80 MOTION for Summary Judgment by Fifth Third Bank, National Association. (McKnight, Katherine) |
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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) |
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) |
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) |
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, ) |
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, ) |
MOTIONS REFERRED to Magistrate Judge: Buchanan. #74 MOTION to Withdraw as Attorney (clar, ) |
Filing 75 Notice of Hearing Date re #74 MOTION to Withdraw as Attorney (Whitticar, Michael) |
Filing 74 MOTION to Withdraw as Attorney by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC. (Whitticar, Michael) |
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Filing 72 Consent MOTION for Extension of Time by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(McKnight, Katherine) |
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, ) |
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, ) |
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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) |
Filing 69 ANSWER to Complaint , Affirmative Defenses and, COUNTERCLAIM against Fifth Third Bank, National Association by Securus Capital LLC.(Vieth, Robert) |
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Filing 67 Withdrawal of Motion by Fifth Third Bank, National Association re #61 MOTION to Compel (McKnight, Katherine) |
Filing 66 ANSWER to Complaint by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC.(Whitticar, Michael) |
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Reset Hearing: Motion Hearing set for 11/19/2021 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. (choy, ) |
Filing 64 RESPONSE to Motion re #61 MOTION to Compel filed by Securus Capital LLC. (Vieth, Robert) |
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, ) |
MOTIONS REFERRED to Magistrate Judge: Buchanan. #61 MOTION to Compel (clar, ) |
Filing 63 Notice of Hearing Date set for November 12, 2021 re #61 MOTION to Compel (McKnight, Katherine) |
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) |
Filing 61 MOTION to Compel by Fifth Third Bank, National Association. (Attachments: #1 Proposed Order)(McKnight, Katherine) |
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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) |
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Filing 57 Joint Proposed Discovery Plan by Fifth Third Bank, National Association.(McKnight, Katherine) |
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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) |
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) |
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Per TCB chambers motions set for 10/1/2021 on the pleadings (clar, ) |
The re #41 MOTION to Compel by Fifth Third Bank, National Association will be decided on the pleadings. (lcre, ) |
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) |
Filing 50 Consent MOTION for Extension of Time to File Response/Reply by Securus Capital LLC. (Attachments: #1 Proposed Order)(Vieth, Robert) |
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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, ) |
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) |
Filing 47 RESPONSE to Motion re #41 MOTION to Compel filed by Securus Capital LLC. (Vieth, Robert) |
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) |
Filing 45 MOTIONS REFERRED to Magistrate Judge: Buchanan. #41 MOTION to Compel (klau, ) |
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Filing 43 Request for Hearing by Fifth Third Bank, National Association re #41 MOTION to Compel (McKnight, Katherine) |
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) |
Filing 41 MOTION to Compel by Fifth Third Bank, National Association. (McKnight, Katherine) |
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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, ). |
Filing 38 Memorandum in Support re #37 MOTION to Dismiss for Failure to State a Claim filed by Securus Capital LLC. (Vieth, Robert) |
Filing 37 MOTION to Dismiss for Failure to State a Claim by Securus Capital LLC. (Attachments: #1 Proposed Order)(Vieth, Robert) |
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) |
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Filing 34 Waiver of re #32 Joint MOTION for Entry of Stipulated Order Preserving Assets by Fifth Third Bank, National Association (McKnight, Katherine) |
Filing 33 Waiver of re #31 Joint MOTION for Protective Order Stipulated by All Parties by Fifth Third Bank, National Association (McKnight, Katherine) |
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) |
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) |
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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, ) |
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) |
Filing 28 RESPONSE to Motion re #23 MOTION to Dismiss for Failure to State a Claim filed by Securus Capital LLC. (Vieth, Robert) |
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) |
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, ) |
Filing 26 Notice of Hearing Date set for September 3, 2021 re #23 MOTION to Dismiss for Failure to State a Claim (Whitticar, Michael) |
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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, ) |
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) |
Filing 23 MOTION to Dismiss for Failure to State a Claim by Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC. (Whitticar, Michael) |
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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) |
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) |
Filing 19 NOTICE of Appearance by Michael Christian Whitticar on behalf of Jerry Allen, Metro Business Systems, LLC, Metro Document Solutions, LLC (Whitticar, Michael) |
Per TCB chambers motions set for 8/6/2021 on the pleadings (clar, ) |
Filing 18 RESPONSE in Support re #16 MOTION to Expedite DISCOVERY filed by Securus Capital LLC. (Attachments: #1 Exhibit D to Complaint)(Vieth, Robert) |
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, ) |
MOTIONS REFERRED to Magistrate Judge: Buchanan. #16 MOTION to Expedite DISCOVERY (clar, ) |
Filing 17 Notice of Hearing Date set for August 6, 2021 at 10:00 a.m. re #16 MOTION to Expedite DISCOVERY (McKnight, Katherine) |
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) |
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Filing 14 NOTICE of Appearance by Allison Klena on behalf of Securus Capital LLC (Klena, Allison) |
Filing 13 NOTICE of Appearance by Robert R. Vieth on behalf of Securus Capital LLC (Vieth, Robert) |
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) |
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) |
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) |
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) |
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) |
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, ) |
Initial Case Assignment to District Judge T. S. Ellis, III and Magistrate Judge Theresa Carroll Buchanan. (choy, ) |
Filing 6 Proposed Summons Securus Capital LLC by Fifth Third Bank, National Association. (McKnight, Katherine) |
Filing 5 Proposed Summons Metro Document Solutions, LLC by Fifth Third Bank, National Association. (McKnight, Katherine) |
Filing 4 Proposed Summons Metro Business Systems, LLC by Fifth Third Bank, National Association. (McKnight, Katherine) |
Filing 3 Proposed Summons Jerry Allen by Fifth Third Bank, National Association. (McKnight, Katherine) |
Filing 2 Corporate Disclosure Statement by Fifth Third Bank, National Association. (McKnight, Katherine) |
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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