Matthew Kenney v. Fifth Third Bancorp et al
| Matthew Kenney |
| Fifth Third Bancorp doing business as Fifth Third and Prepaid Expense Card Solutions Inc. doing business as PEX |
| 1:2025cv03590 |
| April 30, 2025 |
| U.S. District Court for the Southern District of New York |
| Andrew L Carter |
| Banks and Banking |
| 28 U.S.C. § 1441 pr Petition for Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 5, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| MAILING RECEIPT: Document No: 35. Mailed to: Quinn Patrick Gardner Dinsmore and Shohl, LLP 550 South Hope Street, Suite 1764 Los Angeles, CA 90071; Matthew Kenney 26 26th Avenue Venice, CA 90291; Gina Kripotos Dinsmore and Shohl LLP 550 South Hope Street, Suite 1765 Los Angeles, CA 90071; Jeffrey R. Witham Dinsmore and Shohl LLP 550 South Hope Street, Suite 1765 Los Angeles, CA 90071. (vba) |
Filing 35
ORDER: The parties should submit a joint letter by May 14, 2025 providing details on the status of this action. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/1/2025) (ar)
|
| MAILING RECEIPT: Document No: 34. Mailed to: Quinn Patrick Gardner Dinsmore and Shohl, LLP 550 South Hope Street, Suite 1764 Los Angeles, CA 90071; Matthew Kenney 26 26th Avenue Venice, CA 90291; Gina Kripotos Dinsmore and Shohl LLP 550 South Hope Street, Suite 1765 Los Angeles, CA 90071; Jeffrey R. Witham Dinsmore and Shohl LLP 550 South Hope Street, Suite 1765 Los Angeles, CA 90071. (kgo) |
|
Filing 34
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may #consent to electronic service to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for #permission to file documents electronically. Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 3/18/2024) (vba)
|
| Filing 33 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:25-cv-02626. Original file certified copy of transfer order and docket entries received. |
| Case Designated ECF. (vba) |
| CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see #Rule 9.2 of the courts ECF Rules & Instructions for further information..(vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| NOTICE OF CASE REASSIGNMENT to Judge Andrew L. Carter, Jr. Judge Unassigned is no longer assigned to the case. (vba) |
| Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vba) |
|
Filing 32
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that these matters are appropriate for decision without oral argument. The hearings calendared for May 5, 2025, and May 12, 2025, are vacated, and the matters taken off calendar. For all of the foregoing reasons, the Court denies Plaintiff's Motion to Remand, declines to address the arguments in Defendants' Motion to Dismiss, and grants Defendants' Motion to Transfer. The Clerk is ordered to transfer this action to the United States District Court for the Southern District of New York. The Scheduling Conference currently calendared for May 12, 2025, is vacated. (See document for further details).; denying #15 MOTION to Remand Case to State Court; granting #19 MOTION to Transfer. (MD JS-6. Case Terminated.) (aco) [Transferred from California Central on 4/30/2025.]
|
| Filing 31 JOINT REPORT Rule 26(f) Discovery Plan CIVIL TRIAL JOINT SCHEDULING ORDER [FED. R. CIV. P. 16(B)] ; estimated length of trial 5-7, filed by Defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc... (Kripotos, Gina) [Transferred from California Central on 4/30/2025.] |
| Filing 30 PROOF OF SERVICE filed by plaintiff Matthew Kenney, re PLAINTIFF'S REPLY BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO REMAND #28 served on April 22, 2025. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 29 MATTHEW KENNEY'S DECLARATION VALIDATING PLAINTIFF'S DEFAULT JUDGMENT NOTICE OF CONFIRMATION OF ELECTRONIC FILING filed by Plaintiff Matthew Kenney. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 28 PLAINTIFF'S REPLY BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO REMAND #15 filed by Plaintiff Matthew Kenney. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 27 REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case #19 filed by Defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc.. (Kripotos, Gina) [Transferred from California Central on 4/30/2025.] |
| Filing 26 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #15 filed by Defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc.. (Attachments: #1 Declaration of Quinn Gardner, #2 Affidavit of Due Diligence, #3 Proof of Service)(Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 25 PROOF OF SERVICE filed by plaintiff Matthew Kenney. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Filed Document RE: [PROPOSED] ORDER DENYING DEFENDANT'S MOTION TO DISMISS PLAINTIFFS COMPLAINT OR TRANSFER VENUE. The following error(s) was/were found: Application or Motion Denying Defendant's Motion to Dismiss Plaintiff's Complaint or Transfer Venue not filed. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (Attachments: #1 Proposed Order) (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 23 PROOF OF SERVICE filed by plaintiff Matthew Kenney, re MATTHEW KENNEY'S DECLARATION IN OPPOSITION TO MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER VENUE #22 , PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER VENUE #21 served on 04/03/2025. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 22 MATTHEW KENNEY'S DECLARATION IN OPPOSITION TO MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER VENUE #19 filed by Plaintiff Matthew Kenney. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 21 PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO MOTION TO DISMISS, OR IN THE ALTERNATIVE, TRANSFER VENUE #19 filed by Plaintiff Matthew Kenney. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 20 PROOF OF SERVICE filed by defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc., re NOTICE OF MOTION AND MOTION to Dismiss Case #19 served on 4/3/2025. (Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc.. Motion set for hearing on 5/5/2025 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Quinn Gardner, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Proposed Order on Motion to Dismiss, #8 Proposed Order on Motion to Transfer Venue, #9 Proof of Service) (Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
|
Filing 18
MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson: Despite Plaintiff's failures to comply with the requirements of Local Rules 7-3, 7-4, and the Court's Standing Order, the Court sets the Motion to Remand for a hearing on May 12, 2025, at 1:30 p.m. The deadline for Defendants to file an Opposition to the Motion to Remand is April 21, 2025. Plaintiff's deadline for filing a Reply is April 28, 2025. The Court cautions the parties that future violations of the Federal Rules of Civil Procedure, the Local Rules, and the Court's Orders may result in the striking of non-compliant motions and documents and the imposition of sanctions. (see document for further details) (bm) [Transferred from California Central on 4/30/2025.]
|
| Filing 17 PROOF OF SERVICE filed by defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc., re Initial Order upon Filing of Complaint - form only, #12 served on 4/1/2025. (Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 16 NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: NOTICE OF MOTION AND MOTION TO REMAND; MEMORANDUM OF POINTS OF AUTHORITIES IN SUPPORT THEREOF #15 . The following error(s) was/were found: 1. Proposed document was not submitted or was not submitted as a separate attachment. 2. Hearing information is missing, incorrect, or untimely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 15 NOTICE OF MOTION AND MOTION TO REMAND; MEMORANDUM OF POINTS OF AUTHORITIES IN SUPPORT THEREOF filed by plaintiff Matthew Kenney. Motion set for hearing on 5/12/2025 at 10:30 AM before Judge Percy Anderson. (aco) [Transferred from California Central on 4/30/2025.] |
| Filing 14 PROOF OF SERVICE filed by defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc., re Civil Cover Sheet (CV-71) #5 , Declaration #2 , Declaration, #4 , Certificate/Notice of Interested Parties #6 , Notice of Removal (Attorney Civil Case Opening), #1 , Declaration #3 served on 3/26/2025. (Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 10 PROOF OF SERVICE filed by defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc., re Notice to Counsel Re: Consent to Proceed before a US Magistrate Judge - optional html form #9 served on 3/27/2025. (Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 13 SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] by Judge Percy Anderson. SCHEDULING CONFERENCE set for May 12, 2025, at 10:30 a.m. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) [Transferred from California Central on 4/30/2025.] |
|
Filing 12
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) [Transferred from California Central on 4/30/2025.]
|
|
Filing 11
SELF-REPRESENTATION ORDER by Judge Percy Anderson. One or more of the parties to this action has elected to appear pro se. (SEE DOCUMENT FOR FURTHER DETAILS). (aco) [Transferred from California Central on 4/30/2025.]
|
| Filing 9 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) [Transferred from California Central on 4/30/2025.] |
| Filing 8 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from California Central on 4/30/2025.] |
| Filing 7 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Autumn D. Spaeth. (jtil) [Transferred from California Central on 4/30/2025.] |
| Filing 6 NOTICE of Interested Parties filed by Defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc., identifying Fifth Third Bancorp DBA Fifth Third; Prepaid Expense Card Solutions, Inc., DBA PEX. (Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 5 CIVIL COVER SHEET filed by Defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc.. (Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 4 DECLARATION of Quinn Gardner re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 3 DECLARATION of Stanley Yung re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc.. (Attachments: #1 Exhibit A)(Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 2 DECLARATION of Nathan L. Colvin re Notice of Removal (Attorney Civil Case Opening), #1 filed by Defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc.. (Attachments: #1 Exhibit A)(Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| Filing 1 NOTICE OF REMOVAL from Los Angeles, case number 25SMCV00864 Receipt No: ACACDC-39381555 - Fee: $405, filed by defendants Fifth Third Bancorp, Prepaid Expense Card Solutions Inc.. (Attorney Quinn Patrick Gardner added to party Fifth Third Bancorp(pty:dft), Attorney Quinn Patrick Gardner added to party Prepaid Expense Card Solutions Inc. (pty:dft))(Gardner, Quinn) [Transferred from California Central on 4/30/2025.] |
| CONFORMED COPY OF COMPLAINT filed by Plaintiff Matthew Kenney in Los Angeles Superior Court on 2/18/2025, attached as Exhibit A. (jtil) [Transferred from California Central on 4/30/2025.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
