McLeod et al v. Fifth Third Bank et al
Plaintiff: Georgia McLeod and Kenneth McLeod
Defendant: U.S. Bank, N.A., Fifth Third Bank and Banterra Corp.
Case Number: 3:2017cv00581
Filed: June 1, 2017
Court: U.S. District Court for the Southern District of Illinois
Office: East St. Louis Office
County: Saline
Presiding Judge: Reona J Daly
Referring Judge: J Phil Gilbert
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Contract Dispute
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 29, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2018 Filing 41 Acknowledgment Letter from Saline County Circuit Court. (kdb)
January 19, 2018 Filing 40 Letter sent to Saline County Clerk's Office as to remand. (trb)
January 18, 2018 Opinion or Order Filing 39 ORDER OF REMAND: Case remanded to Saline County, IL. The Court grants #29 MOTION to Dismiss for Lack of Jurisdiction No Complete Diversity filed by Banterra Corp. Signed by Judge J. Phil Gilbert on 1/18/2018. (jdh)
January 12, 2018 Filing 38 RESPONSE to #37 Order to Show Cause filed by Fifth Third Bank, U.S. Bank, N.A.. (Mangian, David)
January 10, 2018 Opinion or Order Filing 37 ORDER TO SHOW CAUSE. Show Cause Response due by 1/17/2018. Signed by Judge J. Phil Gilbert on 1/10/2018. (jdh)
December 15, 2017 Filing 36 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #35 Return of Service Executed filed by U.S. Bank, N.A., Fifth Third Bank. Filing of Disclosure and Discovery. Interrogatories under Federal Rule of Civil Procedure 33 and the answers thereto, requests for production or inspection under Federal Rule of Civil Procedure 34, and depositions under Federal Rules of Civil Procedure 30 and 31 shall be served upon other counsel or parties but shall not be filed with the court. This includes notice of service of discovery documents. The party responsible for service of the discovery material shall retain the original and become the custodian thereof. No further action required of filer. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 13, 2017 Filing 35 ENTRY STRICKEN: RETURN OF SERVICE EXECUTED by Fifth Third Bank, U.S. Bank, N.A. on 11/27/2017. (Attachments: #1 Affidavit)(Hohn, Christopher) Modified on 12/15/2017 (trb).
December 7, 2017 Opinion or Order Filing 34 ORDER granting #32 Motion for Extension of Time to File Response/Reply re #29 MOTION to Dismiss for Lack of Jurisdiction No Complete Diversity. Responses to the motion to dismiss are due by 12/29/2017. Signed by Judge J. Phil Gilbert on 12/7/2017. (drs2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 5, 2017 Filing 33 NOTICE by Fifth Third Bank, U.S. Bank, N.A. re #32 Joint MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss for Lack of Jurisdiction No Complete Diversity (Mangian, David)
November 29, 2017 Filing 32 Joint MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss for Lack of Jurisdiction No Complete Diversity by Fifth Third Bank, U.S. Bank, N.A.. (Mangian, David)
November 16, 2017 Filing 31 Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Status Conference held on 11/16/2017. Adam Lawler participated on behalf of Plaintiffs. David Mangian participated on behalf of Defendants Fifth Third Bank and U.S. Bank, N.A. James Van Winkle participated on behalf of Defendant Banterra Corp. A Status Conference set for 1/25/2018 at 2:15 PM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 888-684-8852. The access code is 1026624. The security code is 95741. The purpose of the call is to discuss scheduling a settlement conference. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 30, 2017 Filing 30 MEMORANDUM in Support re #29 MOTION to Dismiss for Lack of Jurisdiction No Complete Diversity filed by Banterra Corp.. (Van Winkle, James)
October 30, 2017 Filing 29 MOTION to Dismiss for Lack of Jurisdiction No Complete Diversity by Banterra Corp.. Responses due by 12/4/2017 (Van Winkle, James)
October 30, 2017 Filing 28 Corporate Disclosure Statement by Banterra Corp.. (Van Winkle, James)
October 30, 2017 Filing 27 NOTICE of Appearance by James L. Van Winkle on behalf of Banterra Corp. (Van Winkle, James)
October 18, 2017 Filing 26 ANSWER to #21 Amended Complaint by U.S. Bank, N.A..(Mangian, David)
October 18, 2017 Filing 25 ANSWER to #21 Amended Complaint by Fifth Third Bank.(Mangian, David)
October 12, 2017 Filing 24 SUMMONS Returned Executed by All Plaintiffs. Banterra Corp. served on 10/12/2017, answer due 11/2/2017. (Lawler, Adam)
October 10, 2017 Filing 23 Summons Issued as to Banterra Corp., and returned to Attorney Lawler for service. (kls3)
October 10, 2017 Filing 22 NOTICE REGARDING FILING re #21 Amended Complaint filed by Kenneth McLeod, Georgia McLeod. Attachment 1 is a fillable document. Fillable documents should be converted to non-fillable PDF documents before filing on CM/ECF. This Notice is sent for informational purposes only. (kls3)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 6, 2017 Filing 21 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs. (Attachments: #1 Summons Proposed Summons to Be Issued to Banterra Corp.)(Lawler, Adam)
October 6, 2017 Opinion or Order Filing 20 ORDER granting #18 Motion for Leave to File. Plaintiffs shall file the amended complaint by 10/11/17. Signed by Magistrate Judge Reona J. Daly on 10/6/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 6, 2017 Filing 19 NOTICE OF ACTION re #18 Motion for Leave to File filed by Kenneth McLeod, Georgia McLeod. Proposed documents are not to be filed, but rather submitted via e-mail to the Court (see CM/ECF Users Manual at pgs. 2.6-2.7) practices. Submit the proposed document to the appropriate judges proposed e-mail address. (trb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 5, 2017 Filing 18 MOTION for Leave to File Amended Complaint by All Plaintiffs. (Attachments: #1 Amended Complaint to be Filed Instanter)(Lawler, Adam)
July 5, 2017 Opinion or Order Filing 17 SCHEDULING AND DISCOVERY ORDER: The Joint Report of Parties is approved and entered. Discovery to be completed by 3/8/2018. Dispositive Motions to be filed by 3/23/2018. Signed by Magistrate Judge Reona J. Daly on 7/5/2017. (Attachments: #1 Joint Report of Parties)(jlm) (jlm)
July 5, 2017 Filing 16 Minute Entry for proceedings held before Magistrate Judge Reona J. Daly: Scheduling and Discovery Conference held on 7/5/2017. The Joint Report of Parties is approved and will be entered. A Status Conference is set for 11/16/2017 at 10:00 AM via telephone before Judge Daly. To join the conference call, the parties should call 888-684-8852. The access code is 1026624. The security code is 95741. The purpose of the call is to discuss scheduling a settlement conference. (jlm)
June 30, 2017 Filing 15 ANSWER to Complaint by U.S. Bank, N.A..(Mangian, David)
June 30, 2017 Filing 14 ANSWER to Complaint by Fifth Third Bank.(Mangian, David)
June 13, 2017 Opinion or Order Filing 13 ORDER REGARDING DISCOVERY: Disputes which require a ruling on a motion made under Rule 37 of the Federal Rules of Civil Procedure will be handled in the following manner. The party seeking a discovery order shall request a prompt telephone conference with Judge Daly and opposing counsel by alerting the law clerk assigned to the case and providing the law clerk with appropriate material, such as: (1) a list or summary of the items in dispute, (2) copies of written requests/objections/privilege logs in dispute, and (3) an estimate of the amount of time needed to present argument to the Court. Law clerks prefer to receive these materials through Judge Daly's email depository for proposed documents. When the conference is set, the party seeking discovery shall place the conference call between the parties and the Court. Argument on motions to compel discovery or for discovery sanctions shall be presented orally at the telephone conference. Written motions or legal memoranda will not be accepted unless specifically requested. The expense of the call will be borne by the non-prevailing party. Signed by Magistrate Judge Reona J. Daly on 6/13/2017. (jlm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 13, 2017 Filing 12 NOTICE of Scheduling and Discovery Conference: Scheduling and Discovery Conference set for 7/5/2017 at 2:00 PM via telephone before Magistrate Judge Reona J. Daly. To join the conference call, the parties should call 618-439-7731 to join the call. Lead counsel for the parties must participate in the conference call.(jlm)
June 12, 2017 Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Lawler, Adam)
June 9, 2017 Filing 10 CJRA TRACK B assigned: Final Pretrial Conference is set for 7/11/2018 at 9:30 AM in Benton Courthouse before Judge J. Phil Gilbert. Bench Trial is set for 7/23/2018 at 9:00 AM in Benton Courthouse before Judge J. Phil Gilbert.(tag)
June 6, 2017 Filing 9 Corporate Disclosure Statement by Fifth Third Bank. (Mangian, David)
June 6, 2017 Filing 8 NOTICE by U.S. Bank, N.A. re #1 Notice of Removal, to Circuit Clerk (Mangian, David)
June 6, 2017 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time to Answer. Answer or other responsive pleading due by 6/30/17. Signed by Magistrate Judge Reona J. Daly on 6/6/17. (dam)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 5, 2017 Filing 6 Consent MOTION for Extension of Time to File Answer by Fifth Third Bank, U.S. Bank, N.A.. (Mangian, David)
June 5, 2017 Filing 5 NOTICE of Appearance by David Michael Mangian on behalf of Fifth Third Bank (Mangian, David)
June 2, 2017 Filing 4 Notice of Judge Assignment. Judge J. Phil Gilbert and Magistrate Judge Reona J. Daly assigned. All future documents must bear case number 17-cv-581-JPG-RJD. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (cds)
June 1, 2017 Filing 3 Corporate Disclosure Statement by U.S. Bank, N.A.. (Mangian, David)
June 1, 2017 Filing 2 NOTICE by U.S. Bank, N.A. re #1 Notice of Removal, to Plaintiffs (Attachments: #1 Exhibit)(Mangian, David)
June 1, 2017 Filing 1 NOTICE OF REMOVAL from Circuit Court of Saline County, Illinois, case number 17-L-10 ( Filing fee $ 400 receipt number 0754-3259852), filed by U.S. Bank, N.A.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Mangian, David)

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Defendant: U.S. Bank, N.A.
Represented By: David Michael Mangian
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Defendant: Fifth Third Bank
Represented By: David Michael Mangian
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Defendant: Banterra Corp.
Represented By: James L. Van Winkle
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Plaintiff: Georgia McLeod
Represented By: Adam B. Lawler
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Plaintiff: Kenneth McLeod
Represented By: Adam B. Lawler
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