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13-582 - EXECUTIVE MANAGEMENT SERVICES, INC. et al v. FIFTH THIRD BANK


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13-582 - EXECUTIVE MANAGEMENT SERVICES, INC. et al v. FIFTH THIRD BANK
February 24, 2014
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ORDER - granting in part and denying in part 19 Motion to Strike Jury Demand. *** SEE ORDER ***. Signed by Magistrate Judge Mark J. Dinsmore on 2/24/2014. (CKM)
March 7, 2014
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ENTRY granting in part and denying in part Defendant's 37 Motion for Judgment on the Pleadings (see Entry). Signed by Judge William T. Lawrence on 3/7/2014. (SWM)
September 22, 2014
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ORDER granting in part and denying in part Defendant's 91 Motion to Compel. Plaintiffs and David Bego are granted twenty-one (21) days from the date of this order to make full and complete discovery responses in compliance with the Court's ruling. **SEE ORDER** Signed by Magistrate Judge Mark J. Dinsmore on 9/22/2014. (AH)
November 3, 2014
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ORDER granting in part and denying in part 126 Motion to Compel discovery. The parties are directed to comply with the Court's order as set forth in this Order. Signed by Magistrate Judge Mark J. Dinsmore on 11/3/2014. (CBU)
August 12, 2015
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ORDER granting in part and denying in part Defendant Fifth Third Bank's 178 Motion to Compel; granting in part and denying in part Fifth Third Bank's 183 Motion to Compel (see Order for details). Signed by Magistrate Judge Mark J. Dinsmore on 8/12/2015. (SWM)
December 4, 2015
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ENTRY ON PLAINTIFFS' MOTION FOR LEAVE TO AMEND COMPLAINT: For the reasons explained above, the Court finds that the Plaintiffs will be permitted to amend their complaint to add the new claims set forth in the proposed amended complaint. That said, however, the proposed amended complaint improperly includes the two counts that the Court already has dismissed.3 Accordingly, the Plaintiffs shall within 3 days of the date of this Entry file an amended complaint that is identical in all respects to the proposed amended complaint filed with the instant motion, except that it shall not include claims for frustration of commercial purpose and recession or reformation due to mutual mistake. In light of this ruling, Fifth Third's motion for summary judgment (Dkt. No. 226) is DENIED as moot. Motions for summary judgment relating to the amended complaint shall be filed within 28 days of the date of the filing of the amended complaint. This deadline may be extended if Fifth Third files a motion for leave to conduct additional discovery in light of the amended complaint and demonstrates that the additional discovery is essential to its anticipated motion for summary judgment ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 12/4/2015. (DW)
July 12, 2016
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ENTRY ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT: This cause is before the Court on the Defendant's Motion for Summary (Dkt. No. 268). The motion is fully briefed, and the Court, being duly advised, GRANTS the motion for the reasons set forth below.1 In addition, the Court GRANTS the Plaintiffs' motion for leave to file oversized brief (Dkt. No. 288) and the Plaintiffs' motion for leave to file a surreply (Dkt. No. 320). The Clerk is directed to file the Plaintiffs' surreply (found at Dkt. No. 320-1), and the Court has considered the surreply in its entirety in ruling on the motion for summary judgment. The Plaintiffs' motion for a hearing on the motion for summary judgment (Dkt. No. 321) is DENIED. The parties have had more than ample opportunity to explain their positions in their (oversized) briefs. The parties' motions to exclude expert testimony at trial (Dkt. Nos. 329, 330, and 332) are each DENIED AS MOOT. For the reasons set forth above, Fifth Third's motion for summary judgment is GRANTED as to each of the Plaintiffs' claims. Judgment will be entered accordingly ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Signed by Judge William T. Lawrence on 7/12/2016.(DW)