Fifth Third Bank, N.A. v. International Business Machines Corporation
| Fifth Third Bank, N.A. |
| International Business Machines Corporation and ePlus Group, Inc. |
| 3:2020cv00033 |
| June 25, 2020 |
| US District Court for the Western District of Virginia |
| Glen E Conrad |
| Thomas T Cullen |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on October 5, 2021. A more recent docket listing may be available from PACER.
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Filing 71
Clerks Entry of Dismissal with prejudice Pursuant to FRCP 41(a)(1)(A)(ii). (dg)
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Filing 70
STIPULATION of Dismissal (Joint) by Fifth Third Bank, N.A., ePlus Group, Inc. (Hyland, Timothy)
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Filing 69
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: Settlement Conference held on 9/7/2021. Case settled. (kld)
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Filing 64
Minute Entry for proceedings held before Magistrate Judge Joel C. Hoppe: In Chambers Conference call re: mediation held on 8/25/2021. (kld)
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Filing 63
Notice Rescheduling Hearing (N) previously set for 8/24/21 at 2:00 PM before Judge Hoppe. In Chambers Conference re: mediation reset for 8/25/2021 02:00 PM by telephone conference before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel. (kld)
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Filing 62
NOTICE of Hearing: (N) In Chambers Conference re: mediation set for 8/24/2021 02:00 PM by telephone conference before Magistrate Judge Joel C. Hoppe. Dial in information emailed to counsel. (kld)
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Filing 61
Order Setting Settlement Conference. Settlement Conference set for 9/7/2021 10:00 AM in via Zoom before Magistrate Judge Joel C. Hoppe. Signed by Magistrate Judge Joel C. Hoppe on 8/16/21. (kld)
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Filing 60
Oral ORDER: It is hereby ORDERED that this matter is hereby REFERRED to the Hon. Joel C. Hoppe, United States Magistrate Judge, for purposes of conducting a mediation. The parties are directed to contact Judge Hoppe's chambers to schedule the mediation. Entered by Judge Thomas T. Cullen on 8/4/2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ck)
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Filing 59
ORDER denying #37 Motion for Reconsideration. Signed by Judge Thomas T. Cullen on 08/03/2021. (dg)
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Filing 58
MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 08/03/2021. (dg)
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Filing 57
ORDER denying #56 Motion for Leave to File Response to Defendant's Supplemental Brief. Signed by Judge Thomas T. Cullen on 7/26/2021. (ck)
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Filing 56
MOTION for Leave to File Response to Defendant's Supplemental Brief by Fifth Third Bank, N.A., ePlus Group, Inc.. (Hyland, Timothy)
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Filing 55
Supplemental Brief/Memorandum Concerning the Uniform Commercial Code. filed by International Business Machines Corporation. (Pickens, Christopher)
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Filing 54
Supplemental Brief/Memorandum re: UCC Issues. filed by Fifth Third Bank, N.A., ePlus Group, Inc.. (Hyland, Timothy)
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Filing 53
Transcript Copy Delivered re #47 Transcript Request, (lmb)
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Filing 52
TRANSCRIPT of Proceedings: Motions held on 6/16/2021 before Judge Cullen. Court Reporter/Transcriber Lisa Blair, Telephone number 434.409.4575. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 7/12/2021. Redacted Transcript Deadline set for 7/22/2021. Release of Transcript Restriction set for 9/20/2021. (lmb)
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Filing 51
Financial arrangements made (Original) (Expedited-7 calendar days Service) re #50 Transcript Request, Transcript due by 6/24/2021. (lmb)
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Filing 50
TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by International Business Machines Corporation for Hearing on Motion for Reconsideration held on 6/16/2021 reported by Court Reporter Ms. Lisa Blair before Judge Thomas T. Cullen. Transcript Due Deadline will be set when Financial Arrangements are made. (Pickens, Christopher)
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Filing 49
ORDER. It is hereby ORDERED that the parties shall have 30 days to submit supplemental briefing concerning whether the UCC applies to the contracts at issue and, if so, the implications thereunder. Each party's brief shall not exceed 20 pages in length. Signed by Judge Thomas T. Cullen on 06/16/2021. (dg)
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Filing 48
Financial arrangements made (Original) (14 calendar days Service) re #47 Transcript Request, Transcript due by 6/30/2021. (lmb)
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Filing 47
TRANSCRIPT REQUEST (14 calendar days Service) by Fifth Third Bank, N.A., ePlus Group, Inc. for Hearing on Motion for Reconsideration held on June 16, 2021 reported by Court Reporter Ms. Lisa Blair before Judge Thomas T. Cullen. Transcript Due Deadline will be set when Financial Arrangements are made. (Southwick, Tyler)
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Filing 46
Minute Entry for proceedings held before Judge Thomas T. Cullen: Motion Hearing held on 6/16/2021 re #37 MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim filed by International Business Machines Corporation. (Court Reporter: L. Blair) (ck)
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Filing 45
NOTICE of Hearing on Motion #37 MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim,,, : (CR) (No Interpreter requested) Motion Hearing set for 6/16/2021 10:30 AM in Charlottesville before Judge Thomas T. Cullen. (ck)
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Filing 44
Oral ORDER TRANSFERRING CASE. Case transferred to Judge Thomas T. Cullen for all further proceedings. Chief Judge Glen Conrad/Michael Urbanski no longer assigned to case. Entered by Chief Judge Michael F. Urbanski on 5/11/2021. (Corrected to reflect transfer to Judge Cullen, not Judge Urbanski and reissued.) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ssm)
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Filing 43
NOTICE by International Business Machines Corporation re #37 (Consent Notice of Waiver of Oral Hearing) (Pickens, Christopher)
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Filing 42
REPLY to Response to Motion re #37 MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim,,, . filed by International Business Machines Corporation. (Pickens, Christopher)
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Filing 41
Brief / Memorandum in Opposition re #37 MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim,,, . filed by Fifth Third Bank, N.A., ePlus Group, Inc.. (Hyland, Timothy)
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Filing 40
ANSWER to Complaint of ePlus Group, inc. by International Business Machines Corporation.(Pickens, Christopher)
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Filing 39
ANSWER to Complaint #1 Complaint, by International Business Machines Corporation.(Pickens, Christopher)
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Filing 38
Brief / Memorandum in Support re #37 MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim,,, . filed by International Business Machines Corporation. (Attachments: #1 Exhibit A - November 5, 2020 Motions Hearing Transcript)(Pickens, Christopher)
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Filing 37
MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim,,, by International Business Machines Corporation. (Pickens, Christopher)
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Filing 36
The motions to dismiss are GRANTED IN PART and DENIED IN PART. Counts 3, 4, 7, and 8 of Fifth Third Bank's Complaint and Counts 2, 3, 5, 6, 8, and 9 of ePlus Group's Complaint shall be dismissed WITHOUT PREJUDICE. Signed by Senior Judge Glen E. Conrad on 02/11/2021. (dg)
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Filing 35
MEMORANDUM OPINION. Signed by Senior Judge Glen E. Conrad on 02/11/2021. (dg)
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Filing 34
Transcript Copy Delivered re #29 Transcript Request, (mb)
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Filing 33
TRANSCRIPT of Proceedings: Motions Hearing held on 11/05/2020 before Judge Conrad. Court Reporter/Transcriber Mary J. Butenschoen, Telephone number 5408575100 Ext. 5312. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 12/15/2020. Redacted Transcript Deadline set for 12/28/2020. Release of Transcript Restriction set for 2/22/2021. (mb)
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Filing 32
Financial arrangements made (Original) (Expedited-7 calendar days Service) re #31 Transcript Request, Transcript due by 11/24/2020. (mb)
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Filing 31
TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Fifth Third Bank, N.A. for Hearing - Motions to Dismiss held on 11/05/2020 reported by Court Reporter Mary Butenschoen before Judge Glen E. Conrad. Transcript Due Deadline will be set when Financial Arrangements are made. (Hyland, Timothy) Court Reporter added to text. Modified on 11/17/2020 (sad).
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Filing 30
Financial arrangements made (Copy) (Ordinary-30 calendar days Service) re #29 Transcript Request, Transcript due by 12/7/2020. (mb) Service type changed to copy. Modified on 11/17/2020 (sad).
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Filing 29
TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by International Business Machines Corporation for Motion Hearing held on 11/5/2020 reported by Court Reporter Mary Butenschoen before Judge Glen E. Conrad. Transcript Due Deadline will be set when Financial Arrangements are made. (Pickens, Christopher)
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Filing 28
Minute Entry for proceedings held before Senior Judge Glen E. Conrad: Motion Hearing held on 11/5/2020 re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #1 filed by International Business Machines Corporation, #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by International Business Machines Corporation. (Court Reporter: Mary Butenschoen) (ssm)
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc)
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Filing 27
NOTICE of Telephonic Hearing on Motions #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #1 , #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (CR) Telephonic Motions Hearing set for 11/5/2020 01:30 PM before Senior Judge Glen E. Conrad by conference call. Dial In instructions to follow nearer to hearing date. (ssm)
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Filing 26
Negative Corporate Disclosure Statement by International Business Machines Corporation (Pickens, Christopher)
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IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc)
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Filing 25
NOTICE of Appearance by Nathaniel Thomas Connally, III on behalf of International Business Machines Corporation (Connally, Nathaniel)
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Filing 24
NOTICE of Appearance by Christopher T. Pickens on behalf of International Business Machines Corporation (Pickens, Christopher)
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Filing 23
REPLY to Response to Motion re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by International Business Machines Corporation. (Pickens, Christopher)
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Filing 22
REPLY to Response to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #1 . filed by International Business Machines Corporation. (Pickens, Christopher)
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IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI)
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Filing 21
Brief / Memorandum in Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #1 . filed by Fifth Third Bank, N.A.. (Attachments: #1 Exhibit A)(Hyland, Timothy)
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Filing 20
Brief / Memorandum in Opposition re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by ePlus Group, Inc.. (Attachments: #1 Exhibit A)(Hyland, Timothy)
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Filing 19
ORDER granting #17 Motion for Extension of Time to File Response/Reply. ePlus Responses in Opposition due by 9/4/2020. Defendant to file Reply in support by 9/25/2020. Signed by Senior Judge Glen E. Conrad on 8/14/20202. (hnw)
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Filing 18
ORDER granting #16 Motion for Extension of Time to File Response/Reply. FTB Responses in Opposition due by 9/4/2020. Defendant to file Reply in support by 9/25/2020. Signed by Senior Judge Glen E. Conrad on 8/14/2020. (hnw)
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Filing 17
Consent MOTION for Extension of Time to File Response/Reply by ePlus Group, Inc.. (Attachments: #1 Text of Proposed Order)(Hyland, Timothy)
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Filing 16
Consent MOTION for Extension of Time to File Response/Reply by Fifth Third Bank, N.A.. (Attachments: #1 Text of Proposed Order)(Hyland, Timothy)
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Filing 15
Brief / Memorandum in Support re #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by International Business Machines Corporation. (Attachments: #1 Exhibit 1 - 120919 ePlus v IBM Tr., #2 Exhibit 2 - PO 543, #3 Exhibit 3 - PO 519, #4 Exhibit 4 - PO 538, #5 Exhibit 5 - IBM Standard Terms)(Pickens, Christopher)
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Filing 14
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by International Business Machines Corporation. (Pickens, Christopher)
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Filing 13
Brief / Memorandum in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #1 . filed by International Business Machines Corporation. (Attachments: #1 Exhibit 1 - 120919 ePlus v IBM Tr., #2 Exhibit 2 - PO 250, #3 Exhibit 3 - PO 311, #4 Exhibit 4 - IBM Standard Terms)(Pickens, Christopher)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #1 by International Business Machines Corporation. (Pickens, Christopher)
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Filing 11
ORDER granting #8 Motion for Extension of Time to Answer for International Business Machines Corporation - answer due 8/7/2020. Signed by Senior Judge Glen E. Conrad on 07/22/2020. (ssm)
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Filing 10
ORDER granting #9 Motion to Consolidate Cases 3:20-cv-00033 and 3:20-cv-00035. The cases are hereby consolidated for purposes pursuant to Fed. R. Civ. P. 42(a). Every pleading filed in the consolidated action shall bear the captions of both cases and shall be filed under Civil Action No. 3:20-cv-00033. Signed by Senior Judge Glen E. Conrad on 7/21/20. (jcj)
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Filing 9
Consent MOTION to Consolidate Cases by Fifth Third Bank, N.A.. (Hyland, Timothy)
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Filing 8
Consent MOTION for Extension of Time to File Answer re #1 Complaint, by International Business Machines Corporation. (Attachments: #1 Text of Proposed Order)(Pickens, Christopher)
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Filing 7
SUMMONS Returned Executed by Fifth Third Bank, N.A.. International Business Machines Corporation served on 7/2/2020, answer due 7/23/2020.(Hyland, Timothy)
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Filing 6
ORDER granting #5 MOTION to Appear Pro Hac Vice Attorney - Jessica K. Baverman for Fifth Third Bank, N.A. added. Signed by Senior Judge Glen E. Conrad on 06/29/2020. (ssm)
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Filing 5
MOTION for Jessica K. Baverman to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3421998. by Fifth Third Bank, N.A.. (Attachments: #1 Declaration in Support, #2 Text of Proposed Order)(Hyland, Timothy)
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Filing 4
Positive Corporate Disclosure Statement by Fifth Third Bank, N.A. identifying Corporate Parent Fifth Third Financial Corporation, Corporate Parent Fifth Third Bancorp for Fifth Third Bank, N.A.. (Hyland, Timothy)
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Filing 3
NOTICE of Appearance by Tyler Southwick on behalf of Fifth Third Bank, N.A. (Southwick, Tyler)
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Filing 2
Electronic Summons Issued as to International Business Machines Corporation NOTICE TO COUNSEL: Please print copies of the electronically issued summons for each defendant as necessary to effectuate service under Fed. R. Civ. P. 4.(jcj)
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Filing 1
COMPLAINT against International Business Machines Corporation (Filing & Administrative fee $ 400; Receipt 0423-3421641, filed by Fifth Third Bank, N.A.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(jcj)
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