Case: Hood v. Midwest Savings Bank

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Sixth Circuit

COMPLAINT with jury demand (referred to Mag. Judge Mark R. Abel ) ( no. pgs: 16) (pl) (Entered: 02/28/1997)

Filing Fee Paid: on 2/21/97 in the amount of $ 150.00, receipt # 205105. (pl) (Entered: 02/28/1997)

Summons issued as to defendant Midwest Savings Bank, defendant Northwest Title, defendant Jenny Tiffner (pl) (Entered: 02/28/1997)

RETURN OF SERVICE executed upon defendant Midwest Savings Bank, defendant Northwest Title on 2/21/97 ( no pgs: 2) (pl) (Entered: 03/03/1997)

RETURN OF SERVICE executed upon defendant Jenny Tiffner on 2/27/97 ( no pgs: 1) (pl) (Entered: 03/03/1997)

ANSWER by defendant Northwest Title () (bw) (Entered: 03/13/1997)

ANSWER by defendant Midwest Savings Bank, defendant Jenny Tiffner (no pgs:9) (gk) (Entered: 03/14/1997)

NOTICE setting this action for Preliminary PTC 10:00 6/5/97 no pgs: 1 (cc: all counsel) (pl) (Entered: 04/08/1997)

NOTICE rescheduling this action for Preliminary PTC 10:00 6/6/97 no pgs: 1 (cc: all counsel) (gk) (Entered: 04/21/1997)

ORDER by Mag. Judge Mark R. Abel ; Prelim pretrial conf held 6/6/97 ; Discovery ddl set 12/31/97 ; Mtn filing ddl set 1/30/98 ; Status report ddl set 7/18/97 ; jury demand (cc: all counsel) ( no pgs: 2) (pl) (Entered: 06/09/1997)

NOTICE of hearing ; Settlement conference set 9:00 9/19/97 before mediator John Adams (cc: all counsel) (pl) (Entered: 08/07/1997)

ATTORNEY SUBSTITUTION: terminating attorney David Lee Keister for Northwest Title and substituting attorney John Curtis Albert ( no pgs: 3) (pl) (Entered: 11/10/1997)

ORDER by Mag. Judge Mark R. Abel ; Joint Status report ddl set on or before 1/7/98 (cc: all counsel) ( no pgs: 1) (sem) (Entered: 12/17/1997)

MOTION by plaintiff George S Hood to disqualify counsel ( no pgs: 3) (sem) (Entered: 12/19/1997)

MOTION by plaintiff George S Hood for protective order ( no pgs: 3) (sem) (Entered: 12/19/1997)

ATTORNEY APPEARANCE as co-counsel for plaintiff George S Hood by Alexander Morris Spater ( no pgs: 2) (sem) (Entered: 12/19/1997)

ORDER by Mag. Judge Mark R. Abel denying or granting motion for protective order [13-1] depending on which conditions are met (cc: all counsel) ( no pgs: 3) (pl) (Entered: 12/23/1997)

Stipulation and ORDER by Mag. Judge Mark R. Abel : extending time to 1/19/98 for deft Northwest Title to respond re motion for Disqualification of Counsel (cc: all counsel) ( no pgs: 4) (pl) (Entered: 01/08/1998)

STIPULATION of ext to 2/2/98 for deft Northwest Title to respond re motion to disqualify counsel [12-1] ( no pgs: 3) (pl) (Entered: 01/21/1998)

ORDER by Mag. Judge Mark R. Abel granting stipulation [17-1] ext time to 2/2/98 for deft Northwest to respond to motion for disqualification of counsel (cc: all counsel) ( no pgs: 1) (pl) (Entered: 01/28/1998)

RESPONSE by defendant Northwest Title to motion to disqualify counsel [12-1] ( no pgs: 11 + exhibit) (pl) (Entered: 02/04/1998)

NOTICE by defendant Midwest Savings Bank of taking deposition of George Hood and Thomas Henderson on 3/20/98 and 3/31/98 respectively ( no pgs: 2) (pl) (Entered: 03/19/1998)

ORDER by Mag. Judge Mark R. Abel disc conf held 3/26/98; Discovery ddl reset 5/30/98 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 03/27/1998)

REPLY by plaintiff George S Hood to response to motion to disqualify counsel [12-1] ( no pgs: 5) (pl) (Entered: 04/02/1998)

MOTION by defendant Northwest Title for leave to file surreply instanter to pltf's reply memo ( no pgs: 4) (pl) (Entered: 04/07/1998)

ORDER by Mag. Judge Mark R. Abel granting motion to disqualify counsel [12-1] (cc: all counsel) ( no pgs: 6) (sem) (Entered: 04/13/1998)

ORDER by Mag. Judge Mark R. Abel granting motion for leave to file surreply instanter to pltf's reply memo [23-1] (cc: all counsel) ( no pgs: 2) (sem) (Entered: 04/13/1998)

SURREPLY by defendant Northwest Title re [12-1] ( no pgs: 5) (sem) (Entered: 04/13/1998)

ATTORNEY SUBSTITUTION: terminating attorney John Curtis Albert for Northwest Title and substituting attorney Robert Harrod Willard ( no pgs: 3) (pl) (Entered: 05/06/1998)

Stipulation and ORDER by Mag. Judge Mark R. Abel: Discovery ddl extended until 8/28/98 (cc: all counsel) ( pgs: 2) (gk) (Entered: 05/19/1998)

NOTICE by defendant Northwest Title of taking deposition of George S. Hood and Thomas L. Henderson on 7/1/98 at 9:00 ( no pgs: 2) (pl) (Entered: 06/16/1998)

NOTICE by defendant Northwest Title of taking deposition of Thomas L. Henderson, Esq. on 8/14/98 at 11:00 a.m. ( no pgs: 2) (pl) (Entered: 07/24/1998)

NOTICE by defendant Northwest Title of taking deposition of George S. Hood on 8/14/98 at 9:00 ( no pgs: 2) (pl) (Entered: 07/24/1998)

ORDER by Mag. Judge Mark R. Abel re Hood and Henderson depositions (cc: all counsel) ( no pgs: 2) (pl) (Entered: 08/19/1998)

NOTICE of hearing ; Status conference has been scheduled for 2:00 10/27/98 (cc: all counsel) (mc) (Entered: 10/06/1998)

ORDER by Mag. Judge Mark R. Abel ; Status conference held 10/27/98 ; Discovery ddl set 12/4/98 ; Mtn filing ddl set 1/8/99; Rule 26(e) discl ddl 11/13/98 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 10/29/1998)

MOTION by plaintiff George S Hood to amend complaint ( no pgs: 17) (pl) (Entered: 11/09/1998)

RESPONSE by defendant Midwest Savings Bank to motion to amend complaint [35-1] ( no pgs: 7) (gk) (Entered: 12/01/1998)

DISCOVERY CONFERENCE ORDER by Mag. Judge Mark R. Abel (cc: all counsel) ( no pgs: 2) (sem) (Entered: 12/04/1998)

REPLY by plaintiff George S Hood to response to motion to amend complaint [35-1] ( no pgs: 18) (pl) (Entered: 12/14/1998)

DISCOVERY ORDER by Mag. Judge Mark R. Abel ; Mtn filing ddl set for 2/26/99 (cc: all counsel) ( no pgs: 2) (sem) (Entered: 01/08/1999)

Stipulation and ORDER by Judge John D. Holschuh : dismissing party Northwest Title with prejudice (cc: all counsel) ( no pgs: 1) (pl) (Entered: 01/21/1999)

ORDER by Mag. Judge Mark R. Abel granting motion to amend complaint [35-1] tendered amended complaint to be filed dismissing party Jenny Tiffner , ; Mtn filing ddl reset 4/23/99 (cc: all counsel) ( no pgs: 12) (pl) (Entered: 02/19/1999)

AMENDED COMPLAINT by plaintiff George S Hood; jury demand ( no pgs: 17) (pl) (Entered: 02/19/1999)

Stipulation and ORDER by Mag. Judge Mark R. Abel : for protective order (cc: all counsel) ( no pgs: 4) (pl) (Entered: 02/19/1999)

ANSWER by defendant Midwest Savings Bank to amended complaint ( no pgs: 9) (pl) (Entered: 03/04/1999)

MOTION by defendant Midwest Savings Bank to extend time to 5/7/99 to file motion for S/J ( no pgs: 2) (pl) (Entered: 04/21/1999)

ORDER by Mag. Judge Mark R. Abel granting motion to extend time to 5/7/99 to file motion for S/J [45-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 04/23/1999)

MOTION by defendant Midwest Savings Bank to extend time to 5/10/99 to file motion for S/J ( no pgs: 3) (pl) (Entered: 05/10/1999)

MOTION by defendant Midwest Savings Bank for summary judgment ( no pgs: 19 + exh) (pl) (Entered: 05/11/1999)

MOTION by defendant Midwest Savings Bank to disqualify Thomas Henderson as counsel or in the alternative to exclude Mr. Henderson from testifying at trial and request for costs ( no pgs: 10) (pl) (Entered: 05/11/1999)

NOTICE by defendant Midwest Savings Bank of filing of depositions ( no pgs: 2) (pl) (Entered: 05/11/1999)

Deposition of Brian D Swope, George S Hood, Lyle E Plummer, Lora A Gregory, Thomas L. Henderson (pl) (Entered: 05/11/1999)

ORDER by Mag. Judge Mark R. Abel granting motion to extend time to 5/10/99 to file motion for S/J [47-1] (cc: all counsel) ( no pgs: 1) (sem) (Entered: 05/12/1999)

MOTION by plaintiff George S Hood to extend time to 6/25/99 to respond re motion for S/J and to disqualify pltf counsel ( no pgs: 3) (pl) (Entered: 06/03/1999)

ORDER by Mag. Judge Mark R. Abel granting motion to extend time to 6/25/99 to respond re motion for S/J and to disqualify pltf counsel [52-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 06/03/1999)

MOTION by plaintiff George S Hood to extend time to respond to motion for S/J ( no pgs: 2) (pl) (Entered: 06/28/1999)

RESPONSE by plaintiff George S Hood to motion to disqualify Thomas Henderson as counsel or in the alternative to exclude Mr. Henderson from testifying at trial and request for costs [49-1] ( no pgs: 4) (pl) (Entered: 06/28/1999)

ORDER by Mag. Judge Mark R. Abel granting motion to extend time to 6/30/99 to respond to motion for S/J [54-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 06/28/1999)

RESPONSE by plaintiff George S Hood to motion for summary judgment [48-1] ( no pgs: 50 + summary) (pl) (Entered: 07/01/1999)

MOTION by plaintiff George S Hood for leave to file exhibits instanter ( no pgs: 2) (sem) (Entered: 07/02/1999)

ORDER by Mag. Judge Mark R. Abel granting motion for leave to file exhibits instanter [58-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 07/07/1999)

Supplement (Exhibits) by plaintiff George S Hood re motion response [57-1] () (pl) (Entered: 07/07/1999)

REPLY by defendant Midwest Savings Bank to response to motion to disqualify Thomas Henderson as counsel or in the alternative to exclude Mr. Henderson from testifying at trial and request for costs [49-1] ( no pgs: 6) (pl) (Entered: 07/12/1999)

MOTION by defendant Midwest Savings Bank to strike affidavit of Fred Renault , and to extend time to file reply memo in supp of S/J motion until resolution of motion to strike ( no pgs: 6) (pl) (Entered: 07/14/1999)

MOTION by plaintiff George S Hood for leave to keep exhibits under seal ( no pgs: 2) (pl) (Entered: 07/14/1999)

ORDER by Mag. Judge Mark R. Abel granting motion for leave to keep exhibits Nos 21 & 22 to Pltf Memo Contra deft Motion for S/J under seal [63-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 07/23/1999)

MOTION by plaintiff George S Hood to extend time to 8/10/99 to repond to deft's motion to strike affidavit of Fred Renault ( no pgs: 2) (pl) (Entered: 08/05/1999)

ORDER by Mag. Judge Mark R. Abel granting motion to extend time to 8/10/99 to repond to deft's motion to strike affidavit of Fred Renault [65-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 08/05/1999)

RESPONSE by plaintiff George S Hood to motion to strike affidavit of Fred Renault [62-1] ( no pgs: 22) (pl) (Entered: 08/11/1999)

REPLY by defendant Midwest Savings Bank to response to motion to strike affidavit of Fred Renault [62-1], motion to extend time to file reply memo in supp of S/J motion until resolution of motion to strike [62-2] ( no pgs: 4) (pl) (Entered: 08/25/1999)

MEMORANDUM, OPINION, AND ORDER: by Mag. Judge Mark R. Abel denying motion to strike affidavit of Fred Renault [62-1], granting motion to extend time until 3/31/00 to file reply memo in supp of S/J motion until resolution of motion to strike [62-2], granting motion to disqualify Thomas Henderson as counsel or in the alternative to exclude Mr. Henderson from testifying at trial and request for costs [49-1] ; Show cause ddl for atty Thomas L Henderson to withdraw due 3/6/00 (cc: all counsel) ( no pgs: 24) (gk) (Entered: 02/25/2000)

MOTION by plaintiff George S Hood to extend time to show cause to 3/13/00 ( no pgs: 3) (pl) (Entered: 03/07/2000)

ORDER by Mag. Judge Mark R. Abel granting motion to extend time to show cause to 3/13/00 [70-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 03/07/2000)

MOTION by plaintiff George S Hood for reconsideration of order [69-2] ( no pgs: 5) (pl) (Entered: 03/14/2000)

RESPONSE by defendant Midwest Savings Bank to 2/24/00 opinion and order [69-2] ( no pgs: 6) (sh) (Entered: 03/14/2000)

MOTION by defendant Midwest Savings Bank for order to set deadline for pltf to make Fred Renault available for deposition , and to extend time to file reply memo re motion for S/J ( no pgs: 3) (pl) (Entered: 03/31/2000)

RESPONSE by defendant Midwest Savings Bank to motion for reconsideration of order [69-2] [72-1] ( no pgs: 6) (pl) (Entered: 04/04/2000)

REPLY by defendant Midwest Savings Bank re response to show cause order [73-1] ( no pgs: 3) (pl) (Entered: 04/04/2000)

ORDER by Mag. Judge Mark R. Abel granting motion for order to set deadline for pltf to make Fred Renault available for deposition [74-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 04/13/2000)

MOTION by plaintiff George S Hood for reconsideration of order [77-1] ( no pgs: 3) (pl) (Entered: 04/26/2000)

ORDER by Mag. Judge Mark R. Abel denying motion for reconsideration of order [77-1] [78-1] (cc: all counsel) ( no pgs: 2) (sh) (Entered: 05/10/2000)

MOTION by plaintiff George S Hood for reconsideration of order [79-1] ( no pgs: 7 + exh) (pl) (Entered: 05/23/2000)

MOTION by plaintiff George S Hood to stay ruling on whether to strike Fred Renault's deposition until after pltf's counsel exhausts all attempts to local Mr. Renault ( no pgs: 3 + exh) (pl) (Entered: 05/23/2000)

RESPONSE by defendant Midwest Savings Bank to motion for reconsideration of 5/10/00 order [79-1] [80-1] ( no pgs: 3) (sem) (Entered: 06/16/2000)

RESPONSE by defendant Midwest Savings Bank to motion to stay ruling on whether to strike Fred Renault's deposition until after pltf's counsel exhausts all attempts to local Mr. Renault [81-1] ( no pgs: 2) (sem) (Entered: 06/16/2000)

REPLY by plaintiff George S Hood to response to motion for reconsideration of order [79-1] [80-1] ( no pgs: 2) (pl) (Entered: 07/03/2000)

REPLY by plaintiff George S Hood to response to motion to stay ruling on whether to strike Fred Renault's deposition until after pltf's counsel exhausts all attempts to local Mr. Renault [81-1] ( no pgs: 2) (pl) (Entered: 07/05/2000)

MOTION by defendant Midwest Savings Bank for leave to withdraw motion to strike and for ext to file reply memo re motion for S/J , and to extend time to 8/18/00 to file reply memo (pl) (Entered: 09/28/2000)

MOTION by defendant Midwest Savings Bank for leave to file memo in excess of 20 pages ( no pgs: 2) (pl) (Entered: 08/21/2000)

NOTICE by defendant Midwest Savings Bank of filing of depo of Renault ( no pgs: 2) (pl) (Entered: 08/21/2000)

REPLY by defendant Midwest Savings Bank to response to motion for summary judgment [48-1] ( no pgs: 31 plus Exhibits) (gk) (Entered: 09/27/2000)

Deposition of Fred Renault (pl) (Entered: 08/21/2000)

ORDER by Mag. Judge Mark R. Abel granting motion for leave to file memo in excess of 20 pages [87-1] (cc: all counsel) ( no pgs: 1) (gk) (Entered: 08/29/2000)

MOTION by plaintiff George S Hood to file sur-reply memorandum ( no pgs: 3) (gk) (Entered: 09/27/2000)

ORDER by Judge John D. Holschuh granting motion to file sur-reply memorandum [91-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 11/09/2000)

SUR-REPLY MEMORANDUM by plaintiff George S Hood to motion for summary judgment [48-1] ( no pgs: 21 + exh) (pl) (Entered: 11/09/2000)

ORDER by Mag. Judge Mark R. Abel finding the motion to stay ruling on whether to strike Fred Renault's deposition until after pltf's counsel exhausts all attempts to locate Mr. Renault [81-1] moot., finding the motion to extend time to file reply memo re motion for S/J [74-2] moot. granting motion for leave to withdraw motion to strike and for ext to file reply memo re motion for S/J [86-1], granting motion to extend time to 8/18/00 to file reply memo [86-2] (cc: all counsel) ( no pgs: 2) (pl) (Entered: 02/27/2001)

MEMORANDUM AND ORDER: by Judge John D. Holschuh finding the motion for reconsideration of order [79-1] [80-1] moot., denying motion for reconsideration of order [69-2] [72-1] and ORDERING atty Thomas L Henderson to promptly withdraw from representation of George S Hood in this matter withdrawing attorney attorney Thomas Lee Henderson for George S Hood ; with respect to sanctions, the Court finds that the issue is not ripe for reconsideration because the mgst judge has not imposed the sanctions contemplated in the show cause order (cc: all counsel) ( no pgs: 11) (pl) (Entered: 03/22/2001)

ORDER by Judge John D. Holschuh granting in part and denying in part the motion for summary judgment [48-1] by defendant Midwest Savings Bank (cc: all counsel) ( no pgs: 48) (sem) (Entered: 09/24/2001)