Fifth Third Bank v. New Dimension Fund, LLC et al

Federal Civil Lawsuit Ohio Northern District Court, Case No. 3:11-cv-02427
District Judge James G. Carr, presiding
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District Judge James G. Carr
Last Updated September 29, 2016 at 11:15 PM EDT (9.6 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
Fifth Third Bancorp Fifth Third Bancorp, Plaintiff
Officially listed as "Fifth Third Bank"
Officer/Director, Vantiv, Inc.

Represented by Baker & Hostetler, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Patrick T Lewis +1 216 621 0200 +1 216 696 0740 plewis@bakerlaw.com
ATTORNEY TO BE NOTICED Brett A. Wall +1 216 861 7597 +1 216 696 0740 bwall@bakerlaw.com
(Inactive), ATTORNEY TO BE NOTICED Nicholas L. White +1 216 621 0200 +1 216 696 0740 nwhite@bakerlaw.com
v.
No Logo Ananias World Fund, LLC, Defendant

Pro Se

Name Phone Fax E-Mail
Space Ananias World Fund, LLC
No Logo Lisa Remmers, Defendant

Pro Se

Name Phone Fax E-Mail
Space Lisa Remmers
No Logo Lonny Remmers, Defendant

Pro Se

Name Phone Fax E-Mail
Space Lonny Remmers
No Logo Mark D. Aller, Defendant
No Logo Mark O. Wittenmyer, Defendant

Pro Se

Name Phone Fax E-Mail
Space Mark O. Wittenmyer
No Logo New Dimension Fund, LLC, Defendant

Represented by Greenfield, Killam & Frank

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Catherine H. Killam +1 419 724 8211 +1 419 724 8214 ckillam@gkflaw.com
No Logo Trace Venture Associates LLC, Defendant

Represented by Reminger Co., LPA

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Hugh J. Bode +1 216 687 1311 hbode@reminger.com
ATTORNEY TO BE NOTICED Frank Leonetti, III +1 216 430 2120 +1 216 687 1841 fleonetti@reminger.com
No Logo Trinity World Holdings, LLC, Defendant

Pro Se

Name Phone Fax E-Mail
Space Trinity World Holdings, LLC
Attributes
Citation Section 12 U.S.C. § 22
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
  Entries (45) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 45 Filed: 6/23/2014, Entered: None
Returned Mail addressed to Party Trinity World Holdings, LLC. Postal marking "Return to Sender, Not At This Address." Related document(s) 41 . (L,A) (Entered: 06/23/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 6/6/2014, Entered: None
Returned Mail addressed to Party Ananias World Fund, LLC. Postal Marking "Return to Sender, Not Deliverable as Addressed, Unable to Forward," and "Unknown at this Address." Related document(s) 41 . (L,A) (Entered: 06/06/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 6/5/2014, Entered: None
Returned Mail addressed to Party Lonny Remmers. Postal marking "Return to Sender, Not Deliverable as Addressed, Unable to Forward." Related document(s) 41 . (L,A) (Entered: 06/05/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 5/27/2014, Entered: None
Returned Mail addressed to Mark O. Wittenmyer. Postal marking indicates "Not Deliverable as Addressed. Unable to Forward." Related document(s) 41 . (M,L) (Entered: 05/28/2014)
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Blank 41 Filed: 5/20/2014, Entered: None Court Filing
Order granting Motion for default judgment (Related Doc # 40 )in favor of Fifth Third and against Defendants New Dimension Fund, LLC; Trinity World Holdings, LLC; Ananias World Fund, LLC; Lonny Remmers; Lisa Remmers; and Mark Wittenmyer, jointly and severally, on the Complaint in the amount of $11,086,780.03, inclusive of $1,980,000.00 in outstanding principal on the Note (as defined in the Complaint), $1,106,780.03 in accrued and unpaid interest through and including January 6, 2014, $8,000,000.00 in guaranteed payments, plus interest accruing after January 6, 2014 on the unpaid principal balance at the rate of 12% per annum, plus the costs of this action. Judge James G. Carr on 5/20/2014.(G,D) (Entered: 05/20/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 3/20/2014, Entered: None
Motion for Default Judgment for Sum Certain, with Memorandum in Support filed by Plaintiff Fifth Third Bank. (Attachments: # 1 Affidavit of Mark Ransom, # 2 Affidavit of Nicholas White)(White, Nicholas) (Entered: 03/20/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 11/26/2013, Entered: None Court Filing
Order re 38 Stipulation that all claims asserted in this action against Mark D. Aller and Trace Venture Associates, LLC only are dismissed with prejudice. The parties are to bear their own costs. Judge James G. Carr on 11/26/13. (C,D) Modified on 12/5/2013 (L,A). (Entered: 11/26/2013)
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Legal Document (Payment Possibly Required) 38 Filed: 11/25/2013, Entered: None
Stipulation of Dismissal with Prejudice of Mark D. Aller and Trace Venture Associates ONLY filed by Trace Venture Associates, LLC. (Bode, Hugh) Modified on 12/5/2013 (L,A). (Entered: 11/25/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 11/15/2013, Entered: None
Joint Status Report filed by Fifth Third Bank. (White, Nicholas) (Entered: 11/15/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 8/30/2013, Entered: None
Joint Status Report of Fifth Third Bank, Mark D. Aller, Trace Venture Associates, LLC filed by Fifth Third Bank. (White, Nicholas) (Entered: 08/30/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 7/27/2012, Entered: None
Default Entered on 7/27/12 against New Dimension Fund, LLC. Geri M. Smith, Clerk by DeAnna Cox, Deputy Clerk. (C,D) (Entered: 07/27/2012)
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Legal Document (Payment Possibly Required) 34 Filed: 6/25/2012, Entered: None Court Filing
Order: Defendant New Dimensions Fund shall cause entry of appearance by successor counsel on or before July 16, 2012. If successor counsel so appears, Clerk shall forthwith set a telephone status/scheduling conference; and if successor counsel does not appear, Clerk shall enter notice of default against said defendant (re 33 ). Judge James G. Carr on 6/25/12. (C,D) (Entered: 06/25/2012)
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Legal Document (Payment Possibly Required) 33 Filed: 6/15/2012, Entered: None
Joint Status Report filed by Mark D. Aller, Fifth Third Bank, Trace Venture Associates, LLC. (White, Nicholas) (Entered: 06/15/2012)
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Legal Document (Payment Possibly Required) 32 Filed: 6/4/2012, Entered: None
Opposition to 31 Motion for extension of time until 7/12/2012 to obtain substitute counsel and file responsive pleading AND Request for Entry of Default against Defendant New Dimension Fund, LLC filed by Fifth Third Bank. (Attachments: # 1 Exhibit Declaration of Nicholas White is Support of Request for Entry of Default)(White, Nicholas) Modified on 6/5/2012 (G,Di). (Entered: 06/04/2012)
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Legal Document (Payment Possibly Required) 31 Filed: 6/1/2012, Entered: None
Motion for extension of time until July 2, 2012 to Obtain Substitute Counsel and File Responsive Pleading filed by Defendant New Dimension Fund, LLC. (Attachments: # 1 Proposed Order)(Killam, Catherine) Modified on 6/4/2012 (G,Di). (Entered: 06/01/2012)
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Legal Document (Payment Possibly Required) 30 Filed: 5/3/2012, Entered: None
Returned Mail addressed to Trinity World Holdings. Return to sender, not at this address Related document(s) 25 . (G,Di) (Entered: 05/07/2012)
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Legal Document (Payment Possibly Required) 29 Filed: 5/2/2012, Entered: None Court Filing
Order granting 27 Motion for Extension of Time to Answer: New Dimension Fund, LLC answer due 6/1/2012.. Judge James G. Carr on 5/2/2012.(S,AL) (Entered: 05/02/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 5/1/2012, Entered: None
Notice of Withdrawal of Attorney Catherine H. Killam filed by New Dimension Fund, LLC. (Killam, Catherine) Modified on 5/7/2012 (G,D). (Entered: 05/01/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 5/1/2012, Entered: None
Fourth Motion for extension of time until June 1, 2012 to answer filed by Defendant New Dimension Fund, LLC. (Attachments: # 1 Proposed Order)(Killam, Catherine) (Entered: 05/01/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 4/24/2012, Entered: None Court Filing
Order Status/scheduling conference was held on 4/23/2012, before Judge James G. Carr. To extent not already having done so, Clerk to notice default as to all defendants, individual and corporate, except New Dimension Fund, Mark Aller, and Trace Venture Associates, LLC. Counsel for defendant New Dimension Fund having moved orally on the record for leave to withdraw, said motion is taken under advisement, pending confirmation from counsel that she has: a) served a copy of this Order on said defendant; 2) provided said defendant with all pertinent documents and other materials; and 3) notified said defendant that it can continue to appear in this case (and thereby avoid entry of default) only if it does so through successor counsel, whose appearance shall be filed on or before 6/1/2012. On filing of confirmation re. the foregoing, motion for leave to withdraw will be granted. Parties are to submit status reports on or before 6/15/2012, including proposed timetable for final disposition of the case. Signed by Judge James G. Carr on 4/24/2012. (Time: 20 min.) (Court Reporter: Tracy Spore.) (S,JM) (Entered: 04/24/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 4/24/2012, Entered: None
Default Entered on 4/24/2012 against Lonny Remmers. Geri M. Smith, Clerk by Amy Schroeder, Deputy Clerk. (S,AL) (Entered: 04/24/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 4/20/2012, Entered: None
Answer to 1 Complaint with Jury Demand filed by Mark D. Aller, Trace Venture Associates, LLC. (Bode, Hugh) Modified on 4/23/2012 (G,Di). (Entered: 04/20/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 4/18/2012, Entered: None Court Filing
Order: The clerk shall notice default as to defendant Lonny Remmers. Signed by Judge James G. Carr on 4/18/2012. (S,JM) (Entered: 04/18/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 4/13/2012, Entered: None Court Filing
Order granting 21 Motion for Extension of Time to Answer: New Dimension Fund, LLC answer due 5/8/2012. Judge James G. Carr on 4/13/2012.(S,AL) (Entered: 04/13/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 4/10/2012, Entered: None
Third Motion for extension of time until May 8, 2012 to answer filed by Defendant New Dimension Fund, LLC. (Attachments: # 1 Proposed Order)(Killam, Catherine) (Entered: 04/10/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 4/10/2012, Entered: None
Default Entered on 4/10/2012 against Lisa Remmers and Trinity World Holdings LLC. Geri M. Smith, Clerk by Amy L Schroeder, Deputy Clerk. Related document(s) 19 . (S,AL) (Entered: 04/10/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 4/4/2012, Entered: None Court Filing
Order: Status/scheduling conference was held on 4/2/2012 with Judge James G. Carr. The clerk shall notice default as to defendants Lisa Remmers and Trinity World Holdings, LLC. Telephone status/conference is set for 4/23/2012 at 10:00 a.m. with Judge Carr. Leave is granted to parties to submit status report(s) and/or proposed schedule(s) on or before 4/20/2012. Signed by Judge James G. Carr on 4/4/2012. (Parties are to refer to full order for further details.) (Time: 15 min.) (S,JM) (Entered: 04/04/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 3/30/2012, Entered: None
Joint Status Report of the Parties filed by Trace Venture Associates, LLC, Fifth Third Bank, Mark D. Aller and New Dimension Fund, LLC. (Bode, Hugh) Modified filers on 4/2/2012 (G,D). (Entered: 03/30/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 3/6/2012, Entered: None Court Filing
Order: A telephonic status/scheduling conference is set for Monday, April 2, 2012, at 11:00 a.m. before the undersigned. Individual parties shall appear through counsel, or, if unrepresented, shall participate in the conference pro se; failure of an individual unrepresented party to appear pro se; default shall be noted as to any individual party not appearing in person or pro se. Corporate parties shall appear through counsel; default shall be noted as to any corporate defendant not appearing through counsel. Parties to meet and confer and by Friday, March 30, 2012, submit either a separate or joint status report, which may include a proposed timetable (or timetables) for disposition of this case. Judge James G. Carr on 3/6/2012. (S,AL) (Entered: 03/06/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 2/20/2012, Entered: None
Waiver of Service Returned Executed by Mark D. Aller, Trace Venture Associates, LLC. filed on behalf of Mark D. Aller, Trace Venture Associates, LLC (Bode, Hugh) (Entered: 02/20/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 2/20/2012, Entered: None
Waiver of Service Returned Executed by Mark D. Aller, Trace Venture Associates, LLC. Mark D. Aller waiver sent on 2/20/2012, answer due 4/20/2012; Trace Venture Associates, LLC waiver sent on 2/20/2012, answer due 4/20/2012. filed on behalf of Mark D. Aller; Trace Venture Associates, LLC (Leonetti, Frank) (Entered: 02/20/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 2/15/2012, Entered: None
Status Report filed by Fifth Third Bank. (Attachments: # 1 Exhibit Return of Service)(White, Nicholas) (Entered: 02/15/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 2/14/2012, Entered: None Court Filing
Order granting 12 Motion for Extension of Time to Answer: New Dimension Fund, LLC answer due 4/10/2012.. Judge James G. Carr on 2/14/2012.(S,AL) (Entered: 02/14/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 2/10/2012, Entered: None
Second Motion for extension of time until April 10, 2012 to answer Initial Complaint filed by Defendant New Dimension Fund, LLC. (Attachments: # 1 Proposed Order)(Killam, Catherine) (Entered: 02/10/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 2/3/2012, Entered: None
Return of Service by Clerk executed upon Lonny Remmers by certified mail on 2/2/2012, filed on behalf of Plaintiff. Related document(s) 1 . (B,B) (Entered: 02/03/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 1/27/2012, Entered: None
Default Entered on 1/27/2012 against Ananias World Fund LLC and Mark O. Wittenmyer. Geri M. Smith, Clerk by Amy Schroeder, Deputy Clerk. Related document(s) 9 . (S,AL) (Entered: 01/27/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 1/25/2012, Entered: None Court Filing
Order: Case management conference was held on 1/23/2012. Track designation is standard. Leave is granted to plaintiff to perfect service of process on unserved defendants by 3/31/2012; in the event service as to any defendant is not perfected by said date, plaintiff to file status report re. efforts to perfect service. On motion of plaintiff, clerk to note default as to defendants Ananias World Fund, LLC. and Mark O. Wittenmyer. Further scheduling and proceedings are held in abeyance pending status report to be filed by plaintiff and other parties as to whom counsel has filed an appearance on or before 2/15/2012. Signed by Judge James G. Carr on 1/25/2012. (Time: 20 min.) (Court Reporter: Angela Nixon - 419 260 5259.)(S,JM) (Entered: 01/25/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 1/3/2012, Entered: None Court Filing
Case Management Conference Scheduling Notice: case management conference to be held on 1/23/2012 at 02:30 PM at Chambers 210 before Judge James G. Carr. (S,AL) (Entered: 01/03/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 12/15/2011, Entered: None Court Filing
Order granting 6 New Dimension Fund, LLC's Motion for Extension of Time for extension of time until 02/10/2012 to answer the Complaint. Judge James G. Carr on 12-16-12.(S,AL) (Entered: 12/15/2011)
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Legal Document (Payment Possibly Required) 6 Filed: 12/12/2011, Entered: None
Motion for extension of time until 02/10/2012 to to answer the Complaint filed by Defendant New Dimension Fund, LLC. (Attachments: # 1 Proposed Order)(Killam, Catherine) (Entered: 12/12/2011)
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Legal Document (Payment Possibly Required) 5 Filed: 11/29/2011, Entered: None
Return of Service by Clerk executed upon Ananias World Fund; New Dimension Fund, LLC by certified mail on 11/21/2011, filed on behalf of Plaintiff. Related document(s) 1 . (B,B) (Entered: 11/29/2011)
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Legal Document (Payment Possibly Required) 4 Filed: 11/22/2011, Entered: None
Return of Service by Clerk by certified mail executed upon Mark O. Wittenmyer, no date of service indicated on green card, filed on behalf of Fifth Third Bank (C,KA) (Entered: 11/22/2011)
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Legal Document (Payment Possibly Required) 3 Filed: 11/14/2011, Entered: None
Original Summons and Magistrate Consent Form issued for service upon Mark D. Aller, Ananias World Fund, LLC, New Dimension Fund, LLC, Lisa Remmers, Lonny Remmers, Trace Venture Associates, LLC, Trinity World Holdings, LLC, Mark O. Wittenmyer. (Attachments: # 1 Magistrate Consent Form) (M,L) (Entered: 11/14/2011)
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Legal Document (Payment Possibly Required) 2 Filed: 11/9/2011, Entered: None
Corporate Disclosure Statement filed by Fifth Third Bank. (White, Nicholas) (Entered: 11/09/2011)
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Legal Document (Payment Possibly Required) 1 Filed: 11/9/2011, Entered: None
Complaint with jury demand against Mark D. Aller, Ananias World Fund, LLC, New Dimension Fund, LLC, Lisa Remmers, Lonny Remmers, Trace Venture Associates, LLC, Trinity World Holdings, LLC, Mark O. Wittenmyer. Filing fee paid $ 350, Receipt number 0647-5019802. Filed by Fifth Third Bank. (Attachments: # 1 Exhibit A - Collateralized Promissory Note, # 2 Exhibit B - Pledge and Security Agreement, # 3 Exhibit C - Assignment and Security Agreement, # 4 Exhibit D - UCC Financing Statement, # 5 Exhibit E - Assignment Pledge and Security Agreement, # 6 Civil Cover Sheet, # 7 Summons - Mark Aller, # 8 Summons - Ananias World Fund, # 9 Summons - Lisa Remmers, # 10 Summons - Lonny Remmers, # 11 Summons - New Dimension Fund, # 12 Summons - Trace Venture Associates, # 13 Summons - Trinity World Holdings, # 14 Summons - Mark Wittenmyer) (White, Nicholas) Modified on 11/14/2011 (M,L). (Entered: 11/09/2011)
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