| Court: | ohnd |
| Docket #: | 1:12-cv-02007 |
| Case Name: | Klopfenstein et al v. Fifth Third Bank |
| PACER case #: | 192127 |
| Date filed: | 2012-08-03 |
| Date terminated: | 2012-10-31 |
| Assigned to: | Judge Christopher A. Boyko |
| Case Cause: | 28:1332 Diversity-Contract Dispute |
| Nature of Suit: | 190 Contract: Other |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| William R. Klopfenstein Plaintiff On Behalf of Himself and All Others Similarly Situated |
Daniel Frech Hassan A. Zavareei Ben Barnow Jeffrey D. Kaliel Stuart E. Scott |
| Adam McKinney Plaintiff On Behalf of Himself and All Others Similarly Situated |
Daniel Frech Hassan A. Zavareei Ben Barnow Jeffrey D. Kaliel Stuart E. Scott |
| Donald E. Adanich Plaintiff on Behalf of Themselves and All Others Similarly Situated |
Donald E. Adanich |
| Lyn A. Adanich Plaintiff on Behalf of Themselves and All Others Similarly Situated |
Lyn A. Adanich |
| Scott D. Little Plaintiff |
Scott D. Little |
| Fifth Third Bank Defendant |
Brett A. Wall G. Karl Fanter John D. Parker |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-08-03 | 1 | 0 | Complaint with jury demand (Class Action) against Fifth Third Bank. Filing fee paid $ 350, Receipt number 0647-5501058. Filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Big Bank Payday Loans, # 2 Exhibit B - Guide to Key Features of Fifth Third Early Access, # 3 Civil Cover Sheet, # 4 Summons) (Scott, Stuart) Modified text on 8/6/2012 (C,B). Modified on 8/7/2012 to remove double wording (P,G). (Entered: 08/03/2012) | 2013-01-06 21:38:22 | f2b17a1d9255165db3d01e17eba61be34ba6b141 | |
| 1 | 1 | |||||
| 1 | 2 | |||||
| 1 | 3 | |||||
| 1 | 4 | |||||
| 2012-08-06 | 2 | 0 | Original Summons and Magistrate Consent Form issued for service upon Fifth Third Bank. (Attachments: # 1 Magistrate Consent Form) (C,B) (Entered: 08/06/2012) | |||
| 2012-08-15 | 3 | 0 | Return of Service by Clerk by certified mail executed upon Fifth Third Bank, no date of service indicated on green card, filed on behalf of All Plaintiffs. Related document(s) 1 . (B,B) (Entered: 08/15/2012) | |||
| 2012-08-23 | 4 | 0 | Unopposed Motion for extension of time until October 4, 2012 to answer filed by Defendant Fifth Third Bank. Related document(s) 1 . (Fanter, G.) (Entered: 08/23/2012) | |||
| 2012-09-06 | 5 | 0 | Motion for attorney Hassan A. Zavareei, Esq. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5568234, filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Affidavit of Hassan A. Zavareei, Esq. with Certificates of Good Standing)(Scott, Stuart) (Entered: 09/06/2012) | |||
| 2012-09-06 | 6 | 0 | Motion for attorney Jeffrey D. Kaliel, Esq. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5568276, filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Affidavit of Jeffrey D. Kaliel, Esq. with Certificates of Good Standing)(Scott, Stuart) (Entered: 09/06/2012) | |||
| 2012-09-18 | 7 | 0 | Notice of Case Management Conference. Conference to be held on 10/25/2012 at 02:00 PM at Chambers 15B. Judge Christopher A. Boyko on 9/18/2012. (Attachments: # 1 Report of Parties' Planning Meeting, # 2 Consent Package)(H,CM) (Entered: 09/18/2012) | |||
| 2012-09-24 | 8 | 0 | Unopposed Motion for extension of time until October 24, 2012 to answer filed by Defendant Fifth Third Bank. Related document(s) 1 ,. (Fanter, G.) (Entered: 09/24/2012) | |||
| 2012-10-10 | 9 | 0 | Order to Show Cause. Parties shall file cross-briefs, no more than five pages in length, by 10/16/2012 on the issue of whether venue is appropriate in the U.S. District Court for the Northern District of Ohio, or in the U.S. District Court for the Southern District of Ohio, Western Division, which encompasses Cincinnati. Judge Christopher A. Boyko on 10/10/2012. (H,CM) (Entered: 10/10/2012) | |||
| 2012-10-16 | 10 | 0 | Response to show cause regarding venue filed by William R. Klopfenstein, Adam McKinney. Related document(s) 9 . (Scott, Stuart) Modified event to a response on 10/17/2012 (P,G). (Entered: 10/16/2012) | |||
| 2012-10-16 | 11 | 0 | Cross Brief Explaining Why The Most Convenient Venue Is The Southern District of Ohio, Western Division filed by Fifth Third Bank. Related document(s) 10 , 9 . (Fanter, G.) (Entered: 10/16/2012) | |||
| 2012-10-18 | 12 | 0 | Unopposed Motion to excuse appearance of the defendant Fifth Third Bank at the October 25, 2012 case management conference filed by Defendant Fifth Third Bank. Related document(s) 7 . (Fanter, G.) (Entered: 10/18/2012) | |||
| 2012-10-18 | 13 | 0 | Motion to excuse appearance of Plaintiffs at the 10/25/2012 Case Management Conference filed by William R. Klopfenstein, Adam McKinney. Related document(s) 7 . (Scott, Stuart) (Entered: 10/18/2012) | |||
| 2012-10-22 | 14 | 0 | Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and L.R. 16.3(b), parties do not consent to this case being assigned to the magistrate judge, filed by All Parties. (Scott, Stuart) (Entered: 10/22/2012) | |||
| 2012-10-23 | 15 | 0 | Motion for attorney Ben Barnow to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0647-5650427, filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Affidavit of Ben Barnow, Esq., # 2 Exhibit 1 of Affidavit - Certificate of Admission to the Bar of Illinois)(Scott, Stuart) (Entered: 10/23/2012) | |||
| 2012-10-24 | 16 | 0 | Motion to dismiss for failure to state a claim filed by Defendant Fifth Third Bank. Related document(s) 1 ,. (Attachments: # 1 Brief in Support, # 2 Exhibit A--Early Access Program Terms & Conditions)(Fanter, G.) (Entered: 10/24/2012) | |||
| 2012-10-25 | 17 | 0 | First Amended complaint against All Defendants and adding new party plaintiff(s) D. Scott Little, Donald E. Adanich and Lyn A. Adanich, Filed by William R. Klopfenstein, Adam McKinney. (Attachments: # 1 Exhibit A - Big Bank Payday Loans, # 2 Exhibit B - Guide to Key Features of Fifth Third Early Access, # 3 Praecipe, # 4 Summons) (Scott, Stuart) Modified on 10/30/2012 to add Donald E. and Lyn A. Adanich (P,G). (Entered: 10/25/2012) | |||
| 2012-10-26 | 18 | 0 | Motion for leave to File Supplemental Venue Brief Pursuant to Plaintiffs' Filing of Their 17 First Amended Complaint filed by William R. Klopfenstein, Adam McKinney. (Scott, Stuart) Modified text and created link on 10/30/2012 (P,G). (Entered: 10/26/2012) | |||
| 2012-10-26 | 19 | 0 | DOCUMENT IS STICKEN -- Motion for leave to file was denied. Supplemental Brief (of Venue) Pursuant to Filing of Plaintiffs' First Amended Complaint filed by All Plaintiffs. (Scott, Stuart) Modified on 10/30/2012 (H,CM). (Entered: 10/26/2012) | |||
| 2012-10-31 | 20 | 0 | Opinion and Order. In the interest of justice, and for the convenience of parties and witnesses, the Court finds that this matter should be transferred. The Court ORDERS this case transferred, pursuant to 28 U.S.C. § 1404(a) to the United States District Court for the Southern District of Ohio, Western Division, which encompasses Cincinnati, and declines to consider the merits of Defendant's Motion to Dismiss (Related doc # 16 ). Judge Christopher A. Boyko on 10/31/2012. (H,CM) (Entered: 10/31/2012) | |||
| 2012-10-31 | 21 | 0 | Judgment. The Court has filed its OPINION AND ORDER transferring the case to the United States Court for the Southern District of Ohio, Western Division, pursuant to 28 U.S.C. § 1404(a). Accordingly, this action is terminated pursuant to Federal Rule of Civil Procedure 58. Judge Christopher A. Boyko on 10/31/2012. (H,CM) (Entered: 10/31/2012) | 2013-01-06 21:42:14 | 64e75e8c99a23b789adc38daa86dcfa4bf6b43c1 |