Higginbotham v. Bank of America, N.A.
| Diana L. Higginbotham |
| Bank of America, N.A. |
| 2:2023cv00375 |
| May 8, 2023 |
| US District Court for the Southern District of West Virginia |
| John T Copenhaver |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 29 CERTIFICATE OF SERVICE by Diana L. Higginbotham for Rule 26(a)(1) Initial Disclosures. (Kipnis, Patricia) |
| Filing 28 CERTIFICATE OF SERVICE by Bank of America, N.A. for Rule 26(a)(1) Initial Disclosures. (Fenwick, Carrie) |
Filing 27
ORDER directing that this case shall proceed as follows:Last date to serve discovery requests needed for Plaintiffs individual claims and class certification issues - 3/8/2024. Deadline for completion of fact discovery needed for Plaintiffs individual claims and class certification issues - 4/26/2024. Deadline for Plaintiff to file Motion for Class Certification - 5/10/2024. Deadline for Defendant to file Response to Motion for Class Certification - 5/31/2024. Deadline for Plaintiff to file Reply in Support of Motion for Class Certification - 6/21/2024. Hearing on Motion for Class Certification - 8/22/2024 at 10:00 a.m. Last date to serve discovery requests - 11/22/2024. Discovery to close - 1/7/2025. Dispositive motions deadline - 1/28/2025. Response to dispositive motion - 2/11/2025. Reply to response to dispositive motion - 2/18/2025. Settlement Meeting - 3/28/2025. Motion in limine deadline - 4/4/2025. Responses for motions in limine - 4/11/2025. Proposed pretrial order to defendant - 4/1/2025. Integrated pretrial order - 4/8/2025. Pretrial Conference on 4/18/2025 at 10:00 AM. Proposed jury charge - 5/9/2025. Final settlement conference on 5/19/2025 at 10:00 AM. Trial on 5/20/2025 at 09:30 AM. All proceedings shall be held by the court at the Robert C. Byrd United States Courthouse, Charleston, West Virginia. Signed by Senior Judge John T. Copenhaver, Jr. on 10/6/2023. (cc: counsel of record; any unrepresented parties) (lca)
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| Filing 26 SCHEDULING CONFERENCE held by Senior Judge John T. Copenhaver, Jr. on 9/29/2023. (kew) |
| NOTICE OF DOCKET CORRECTION re: #25 Statement of Visiting Attorney. ERROR: Image is a duplicate of the image attached to entry #24. CORRECTION: Duplicate image removed; see entry #24. (kew) |
| Filing 25 DUPLICATE IMAGE; SEE ENTRY #24. (Modified on 9/27/2023 to remove duplicate image; see entry #24) (kew). |
| Filing 24 STATEMENT OF VISITING ATTORNEY from James L. Kauffman on behalf of Diana L. Higginbotham. Local counsel: Jonathan R. Marshall. Fee $50.00. Receipt # AWVSDC-8502007. (Marshall, Jonathan) |
| Filing 23 RULE 26(f) REPORT OF PLANNING MEETING by Bank of America, N.A., Diana L. Higginbotham. (Fenwick, Carrie) (Modified on 9/20/2023 to add party filer) (kew). |
| Filing 22 REPLY MEMORANDUM by Bank of America, N.A. to #18 Response In Opposition. (Fenwick, Carrie) |
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Filing 21
ORDER granting Defendant's #19 UNOPPOSED MOTION for Extension of Time to File Reply is now due 9/8/2023. Signed by Senior Judge John T. Copenhaver, Jr. on 8/15/2023. (cc: counsel of record) (lca)
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Filing 20
ORDER AND NOTICE: Motions under F.R. Civ. P. 12(b) - 9/5/2023. Last day for Rule 26(f) Meeting - 9/14/2023. Last day to file Report of Parties' Planning Meeting - 9/21/2023. Scheduling Conference at 10:30 AM on 9/29/2023 at the Robert C. Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Entry of Scheduling Order - 10/5/2023. Last day to serve F.R. Civ. P. 26(a)(1) disclosures - 10/16/2023. Signed by Senior Judge John T. Copenhaver, Jr. on 8/15/2023. (cc: counsel of record; any unrepresented parties) (mfo)
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| Filing 19 UNOPPOSED MOTION by Bank of America, N.A. to Extend Deadline to File Reply to #18 Response In Opposition to 9/8/2023. (Attachment: #1 Proposed Order)(Fenwick, Carrie) |
| Filing 18 RESPONSE by Diana L. Higginbotham in opposition to #14 MOTION by Bank of America, N.A. to Dismiss #13 Amended Complaint (Marshall, Jonathan) |
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Filing 17
ORDER granting #16 MOTION by Diana L. Higginbotham to Extend Time to File Response/Reply as to #14 MOTION by Bank of America, N.A. to Dismiss #13 Amended Complaint. Plaintiff's response is due by 8/11/2023. Signed by Senior Judge John T. Copenhaver, Jr. on 7/17/2023. (cc: counsel of record) (mfo)
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| Filing 16 UNOPPOSED MOTION by Diana L. Higginbotham to Extend Deadline to Respond to #14 MOTION by Bank of America, N.A. to Dismiss #13 Amended Complaint to 8/11/2023. (Attachment: #1 Proposed Order) (Marshall, Jonathan) |
| NOTICE OF DOCKET CORRECTION re: #15 Memorandum of Law by Bank of America, N.A. in support of #14 MOTION by Bank of America, N.A. to Dismiss #13 Amended Complaint. ERROR: Image contained incorrect pagination. CORRECTION: Image replaced. (ts) |
| Filing 15 MEMORANDUM OF LAW by Bank of America, N.A. in support of #14 MOTION by Bank of America, N.A. to Dismiss #13 Amended Complaint. (Fenwick, Carrie) (Modified on 7/17/2023 to replace image) (ts). |
| Filing 14 MOTION by Bank of America, N.A. to Dismiss #13 Amended Complaint. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fenwick, Carrie) |
| Filing 13 AMENDED CLASS ACTION COMPLAINT by Diana L. Higginbotham against Bank of America, N.A. with jury demand. (ts) |
| Filing 12 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Bank of America, N.A. (Fenwick, Carrie) |
| Filing 11 STATEMENT OF VISITING ATTORNEY from Alyssa Sussman on behalf of Bank of America, N.A. Local counsel: Carrie Goodwin Fenwick. Fee $50.00. Receipt # AWVSDC-8440060. (Fenwick, Carrie) |
| Filing 10 STATEMENT OF VISITING ATTORNEY from Allison J. Schoenthal on behalf of Bank of America, N.A. Local counsel: Carrie Goodwin Fenwick. Fee $50.00. Receipt # AWVSDC-8440058. (Fenwick, Carrie) |
| Filing 9 SUMMONS RETURNED EXECUTED by Personal Service for Bank of America, N.A. Bank of America, N.A. served on 5/19/2023, answer due 6/9/2023. Summons served on Leeza Ennis, lntake Specialist & Authorized Agent. (Kauffman, James) (Modified on 6/2/2023 to correct service and answer due dates) (kew). |
| Filing 8 STATEMENT OF VISITING ATTORNEY from Brooks Brown on behalf of Bank of America, N.A.. Local counsel: Carrie Goodwin Fenwick. Fee $50.00. Receipt # AWVSDC-8432690. (Fenwick, Carrie) |
| Filing 7 JOINT STIPULATION TO EXTEND TIME FOR BANK OF AMERICA, N.A. TO RESPOND TO THE CLASS ACTION COMPLAINT to 7/14/2023 by Bank of America, N.A., Diana L. Higginbotham. (Fenwick, Carrie) (Modified on 5/31/2023 to add party filer) (kew). |
| Filing 6 NOTICE OF APPEARANCE by Carrie Goodwin Fenwick on behalf of Bank of America, N.A. (Fenwick, Carrie) |
| Filing 5 CLERK'S ORDER. Pursuant to #4 Order, the referral of this civil action for discovery matters is transferred from Magistrate Judge Dwane L. Tinsley to Magistrate Judge Omar J. Aboulhosn. Signed by Clerk of Court Rory L. Perry II on 5/9/2023. (cc: Magistrate Judge Tinsley; Magistrate Judge Aboulhosn; counsel of record; any unrepresented party) (klc) |
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Filing 4
ORDER directing that this matter be transferred to Rory L. Perry, II, Clerk of the Court, for reassignment to another Magistrate Judge. Signed by Magistrate Judge Dwane L. Tinsley on 5/9/2023. (cc: counsel of record; any unrepresented party) (lca)
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| Filing 3 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc) |
| CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc) |
| Filing 2 ELECTRONIC SUMMONS ISSUED as to Bank of America, N.A., re: #1 Class Action Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (lca) |
| Filing 1 CLASS ACTION COMPLAINT. Filing Fee $402.00. Receipt # AWVSDC-8419222. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet) (lca) |
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