US District Court Civil Docket as of December 9, 2013 Retrieved from the court on March 16, 2015 U.S. District Court Northern District of Indiana [LIVE] USDC Northern Indiana (Hammond) CIVIL DOCKET FOR CASE #: 2:13-cv-00261-JD-JEM Orlando v. CFS Bancorp Inc et al Assigned to: Judge Jon E DeGuilio Referred to: Magistrate Judge John E Martin Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 07/30/2013 Date Terminated: 12/09/2013 Jury Demand: None Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Plaintiff Jay Orlando individually and on behalf of all others similarly situated represented by Shane T Rowley PHV Levi & Korinsky LLP 30 Broad St 24th Floor New York, NY 10004 212-363-7500 Fax: 866-367-6510 Email: srowley@zlk.com Gregory J Tonner Moore & Portelli 1449 E 84th Place Merrillville, IN 46410 219-750-9540 Fax: 219-750-9263 Email: gtonner@mooreandportelli.com TERMINATED: 12/04/2013 V. CFS Bancorp Inc Vedder Price PC 222 North LaSalle St Suite 2600 Chicago, IL 60601 312-609-7750 Fax: 312-609-5005 Email: jstrubbe@vedderprice.com
Newby Lewis Kaminski Jones LLP 916 Lincolnway LaPorte, IN 46350 219-362-1577 Ext 12 Fax: 219-362-2106 Email: mlphillips@nlkj.com Vedder Price PC 222 North LaSalle St Suite 2600 Chicago, IL 60601 312-609-7500 Fax: 312-609-5005 Email: nhighland@vedderprice.com Gregory W Blaine Gene Diamond
John W Palmer Robert R Ross Joyce M Simon
Daryl D Pomranke First Merchants Corporation represented by David O Tittle Bingham Greenebaum Doll LLP - Ind/IN 2700 Market Tower 10 W Market Street Indianapolis, IN 46204 317-635-8900 Fax: 317-236-9907 Email: dtittle@binghammchale.com Gregory A Neibarger Bingham Greenebaum Doll LLP - Ind/IN 2700 Market Tower 10 W Market Street Indianapolis, IN 46204 317-635-8900 Fax: 317-236-9907 Email: gneibarger@bgdlegal.com
TERMINATED: 09/27/2013 Date Filed # Docket Text 07/30/2013 1 CLASS ACTION COMPLAINT against Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon (Filing fee $ 400.00; Receipt #2006149), filed by Jay Orlando. (Attachments: # 1 Civil Cover Sheet)(rmn) (Entered: 07/30/2013) 07/30/2013 2 NOTICE of Appearance by Gregory J Tonner on behalf of Jay Orlando (rmn) (Entered: 07/30/2013) 07/30/2013 3 Summons Issued as to Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. NOTE: The attached document should not be used to effect service of process. Only copies that bear the seal of the court should be used for service of process. (rmn) (Entered: 07/30/2013) 07/31/2013 Judge Jon E DeGuilio added. Senior Judge James T Moody no longer assigned to case. (kwk) (Entered: 07/31/2013) 08/12/2013 4 NOTICE OF POTENTIAL CONFLICT. Signed by Judge Jon E DeGuilio on 8/12/13. (kjp) (Entered: 08/13/2013) 08/26/2013 5 WAIVER OF SERVICE Returned Executed by Jay Orlando. First Merchants Corporation waiver sent on 8/2/2013, answer due 10/1/2013. (Tonner, Gregory) (Entered: 08/26/2013) 08/28/2013 6 NOTICE of Appearance by on behalf of All s (Phillips, Mark) (Entered: 08/28/2013) 08/29/2013 7 WAIVER OF SERVICE Returned Executed by Jay Orlando. Gregory W Blaine waiver sent on 8/1/2013, answer due 9/30/2013; CFS Bancorp Inc waiver sent on 8/1/2013, answer due 9/30/2013; Gene Diamond waiver sent on 8/1/2013, answer due 9/30/2013; John W Palmer waiver sent on 8/1/2013, answer due 9/30/2013; Daryl D Pomranke waiver sent on 8/1/2013, answer due 9/30/2013; Robert R Ross waiver sent on 8/1/2013, answer due 9/30/2013; Joyce M Simon waiver sent on 8/1/2013, answer due 9/30/2013. (Tonner, Gregory) (Entered: 08/29/2013) 09/06/2013 8 MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(b)(1) and 15 U.S.C. 78u-4(b) by s Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. (Phillips, Mark) (Entered: 09/06/2013) 09/06/2013 9 MEMORANDUM in Support of 8 MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(b)(1) and 15 U.S.C. 78u-4(b) filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. (Phillips, Mark) (Entered: 09/06/2013) 09/06/2013 10 APPENDIX to 9 Memorandum in Support, OF DEFENDANTS' MOTION TO DISMISS by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation,
John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5-1, # 6 Exhibit Exhibit 5-2, # 7 Exhibit Exhibit 6)(Phillips, Mark) (Entered: 09/06/2013) 09/11/2013 11 MOTION to Supplement 10 Appendix, 8 MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(b)(1) and 15 U.S.C. 78u- 4(b), 9 Memorandum in Support, by s Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross. (Attachments: # 1 Exhibit Exhibit 1)(Phillips, Mark) (Entered: 09/11/2013) 09/11/2013 12 APPLICATION for Attorney Joseph A Strubbe to Appear Pro Hac Vice on behalf of CFS Bancorp Inc, Blaine, Diamond, Palmer, Ross, Simon, Pomranke ; Receipt #2006429. (rmn) (Entered: 09/11/2013) 09/11/2013 13 APPLICATION for Attorney Nicole Joy Highland to Appear Pro Hac Vice on behalf of CFS Bancorp Inc, Blaine, Diamond, Palmer, Ross, Simon, Pomranke ; Receipt #2006430. (rmn) (Entered: 09/11/2013) 09/11/2013 14 ORDER granting 12 Application to Appear Pro Hac Vice of Attorney Joseph A Strubbe PHV for Gregory W Blaine,Joseph A Strubbe PHV for CFS Bancorp Inc,Joseph A Strubbe PHV for Gene Diamond,Joseph A Strubbe PHV for John W Palmer,Joseph A Strubbe PHV for Daryl D Pomranke,Joseph A Strubbe PHV for Robert R Ross,Joseph A Strubbe PHV for Joyce M Simon. Signed by Magistrate Judge John E Martin on 9/11/2013. (rmn) (Entered: 09/12/2013) 09/11/2013 15 ORDER granting 13 Application to Appear Pro Hac Vice of Attorney Nicole Joy Highland PHV for Gregory W Blaine, for CFS Bancorp Inc, for Gene Diamond, for Jay Orlando, for John W Palmer, for Daryl D Pomranke, for Robert R Ross. Signed by Magistrate Judge John E Martin on 9/11/2013. (rmn) (Entered: 09/12/2013) 09/12/2013 16 NOTICE of Appearance by Gregory A Neibarger on behalf of First Merchants Corporation (Neibarger, Gregory) (Entered: 09/12/2013) 09/12/2013 17 Corporate Disclosure Statement by First Merchants Corporation. (Neibarger, Gregory) (Entered: 09/12/2013) 09/12/2013 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by First Merchants Corporation. (Neibarger, Gregory) (Entered: 09/12/2013) 09/12/2013 19 BRIEF in Support of 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by First Merchants Corporation. (Attachments: # 1 Exhibit A - Kugelman Order of Dismissal)(Neibarger, Gregory) (Entered: 09/12/2013) 09/12/2013 20 NOTICE of Appearance by David O Tittle on behalf of First Merchants Corporation (Tittle, David) (Entered: 09/12/2013) 09/17/2013 21 Corporate Disclosure Statement by CFS Bancorp Inc. (Phillips, Mark) (Entered: 09/17/2013) 09/20/2013 22 AMENDED COMPLAINT against All s, filed by Jay Orlando. (Attachments: # 1 Exhibit Certification of Named Plaintiff Pursuant to Federal Securities Laws)(Tonner, Gregory) (Entered: 09/20/2013)
09/20/2013 23 RESPONSE to Motion re 8 MOTION to Dismiss PLAINTIFF'S COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6), 12(b)(1) and 15 U.S.C. 78u-4(b) filed by Jay Orlando. (Tonner, Gregory) (Entered: 09/20/2013) 09/25/2013 24 MOTION to Withdraw as Attorney FOR DEFENDANT FIRST MERCHANTS CORPORATION ONLY by First Merchants Corporation. (Phillips, Mark) (Entered: 09/25/2013) 09/26/2013 25 RESPONSE to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jay Orlando. (Tonner, Gregory) (Entered: 09/26/2013) 09/27/2013 26 ORDER granting 24 Motion to Withdraw as Attorney. Attorney terminated as to defendant First Merchants Corporation ONLY. Approved by Magistrate Judge John E Martin on 9/27/13. No pdf attached. (plm) (Entered: 09/27/2013) 09/27/2013 27 MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT by s Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, John W Palmer, Daryl D Pomranke, Robert R Ross. (Phillips, Mark) (Entered: 09/27/2013) 09/27/2013 28 MEMORANDUM in Support of 27 MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, John W Palmer, Daryl D Pomranke, Robert R Ross. (Phillips, Mark) (Entered: 09/27/2013) 09/27/2013 29 APPENDIX to 28 Memorandum in Support OF MOTION TO DISMISS PLAINTIFF'S AMENDED COMPLAINT by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, John W Palmer, Daryl D Pomranke, Robert R Ross. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6)(Phillips, Mark) (Entered: 09/27/2013) 09/30/2013 30 REPLY to Response to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by First Merchants Corporation. (Attachments: # 1 Exhibit A - Redline of changes from original Complaint to Amended Complaint)(Neibarger, Gregory) (Entered: 09/30/2013) 10/01/2013 31 MOTION to Amend/Correct FMC's Reply to Plaintiff's Opposition to FMC's Motion to Dismiss (Dkt. 30) by First Merchants Corporation. (Attachments: # 1 Exhibit 1 - Corrected Reply to Plaintiff's Opposition to FMC's Motion to Dismiss, # 2 Exhibit A - Redline version Complaint to Amended Complaint)(Tittle, David) (Entered: 10/01/2013) 10/01/2013 32 ORDER: DENYING AS MOOT the motions pending relating to the original complaint re 8, 11, 18, and 31. The Court will rule separately on any motions to dismiss the amended complaint once ripe. Signed by Judge Jon E DeGuilio on 10/1/2013. (rmn) (Entered: 10/01/2013) 10/02/2013 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by First Merchants Corporation. (Neibarger, Gregory) (Entered: 10/02/2013) 10/02/2013 34 BRIEF in Support of 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by First Merchants Corporation. (Neibarger, Gregory) (Entered: 10/02/2013) 10/07/2013 35 MOTION for Preliminary Injunction by Plaintiff Jay Orlando. (Tonner, Gregory) (Entered: 10/07/2013) 10/07/2013 36 MEMORANDUM in Support of 35 MOTION for Preliminary Injunction filed by Jay Orlando. (Tonner, Gregory) (Entered: 10/07/2013)
10/07/2013 37 AFFIDAVIT in Support re 35 MOTION for Preliminary Injunction and Expedited Discovery filed by Jay Orlando. (Attachments: # 1 Exhibit Joint Proxy Statement of CFS Bancorp, Inc. and First Merchants Corp.)(Tonner, Gregory) (Entered: 10/07/2013) 10/07/2013 38 MOTION to Expedite Discovery and to Set Schedule for Plaintiff's Motion for Preliminary Injunction by Plaintiff Jay Orlando. (Tonner, Gregory) (Entered: 10/07/2013) 10/07/2013 39 MEMORANDUM in Support of 38 MOTION to Expedite Discovery and to Set Schedule for Plaintiff's Motion for Preliminary Injunction filed by Jay Orlando. (Tonner, Gregory) (Entered: 10/07/2013) 10/09/2013 40 RESPONSE to Motion re 38 MOTION to Expedite Discovery and to Set Schedule for Plaintiff's Motion for Preliminary Injunction filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross, Joyce M Simon. (Attachments: # 1 Exhibit 1 (Affd of Joseph Strubbe), # 2 Exhibit 2 (Kugelman v. PVF Cap Corp - Ord Deny Emergency Mot to Short Time 8-27- 13))(Neibarger, Gregory) (Entered: 10/09/2013) 10/10/2013 41 APPLICATION for Attorney Shane T. Rowley to Appear Pro Hac Vice on behalf of Jay I Orlando; Receipt #INN1003862. (lhc) (Entered: 10/10/2013) 10/10/2013 43 ORDER denying 38 plaintiffs motion for expedited discovery; however, it will order expedited briefing on the pending motion for preliminary injunction 35. s have until NOON on Tuesday, 10/15/2013 to file a response in opposition to the motion for a preliminary injunction and plaintiff has until NOON on Thursday, 10/17/2013 to file any reply. After the briefing is complete, the Court will determine whether any hearing is necessary. Signed by Judge Jon E DeGuilio on 10/10/13. (saj) (Entered: 10/10/2013) 10/11/2013 44 ORDER granting 41 Application to Appear Pro Hac Vice of Attorney Shane T Rowley PHV for Jay Orlando. Signed by Magistrate Judge John E Martin on 10/11/2013. (rmn) (Entered: 10/11/2013) 10/11/2013 45 RESPONSE to Motion re 27 MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT filed by Jay Orlando. (Rowley PHV, Shane) (Entered: 10/11/2013) 10/15/2013 46 NOTICE by Jay Orlando of Dismissal of First Merchants Corporation (Tonner, Gregory) (Entered: 10/15/2013) 10/15/2013 47 RESPONSE to Motion re 35 MOTION for Preliminary Injunction filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, First Merchants Corporation, John W Palmer, Daryl D Pomranke, Robert R Ross. (Attachments: # 1 Exhibit Exhibit 1 - Affidavit of Joseph Strubbe)(Phillips, Mark) (Entered: 10/15/2013) 10/17/2013 48 REPLY to Response to Motion re 35 MOTION for Preliminary Injunction Memorandum of Law in Further Support filed by Jay Orlando. (Rowley PHV, Shane) (Entered: 10/17/2013) 10/17/2013 49 AFFIDAVIT re 48 Reply to Response to Motion Declaration of Shane Rowley In Further Support of Motion for Preliminary Injunction by Jay Orlando. (Rowley PHV, Shane) (Entered: 10/17/2013) 10/18/2013 50 REPLY to Response to Motion re 27 MOTION to Dismiss PLAINTIFF'S AMENDED COMPLAINT filed by Gregory W Blaine, CFS Bancorp Inc, Gene Diamond, John W Palmer, Daryl D Pomranke, Robert R Ross and Joyce M Simon. (Phillips, Mark) Modified on 10/18/2013 to add additional filers Robert R Ross & Joyce M Simon (jld).
(Entered: 10/18/2013) 10/28/2013 51 OPINION AND ORDER denying 35 Motion for Preliminary Injunction. Signed by Judge Jon E DeGuilio on 10/28/2013. (saj) Modified title on 10/28/2013 (kds). (Entered: 10/28/2013) 12/03/2013 52 MOTION to Withdraw as Attorney by Plaintiff Jay Orlando. (Tonner, Gregory) (Entered: 12/03/2013) 12/04/2013 53 MINUTE ORDER granting 52 Motion to Withdraw as Attorney. Attorney Gregory J Tonner terminated. Approved by Magistrate Judge John E Martin on 12/4/13. Text entry only. (plm) (Entered: 12/04/2013) 12/06/2013 54 MOTION to Dismiss by Plaintiff Jay Orlando. (Rowley PHV, Shane) (Entered: 12/06/2013) 12/09/2013 55 CASE DISMISSED WITH PREJUDICE pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure per 54 Motion to Dismiss. (saj) (Entered: 12/09/2013) Note: Links in this docket are stored in the PACER system ( Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html