Shirk v. Fifth Third Bancorp et al, No. 1:2005cv00049 - Document 397 (S.D. Ohio 2009)

Court Description: MEMORANDUM AND OPINION: Fifth Third Defendants' motion for summary judgment on counts VII-IX of the second amended complaint is GRANTED (Doc. 376). Summary judgment on counts VII-IX of the second amended complaint is GRANTED in favor of all defe ndants, including the Fifth Third Outside Directors Defendants. Plaintiffs' motion to certify class and motion to compel are DENIED. (Docs. 368 and 370). No other matters remaining for this court's review, it is further ordered that this case is CLOSED. Signed by Magistrate Judge Timothy S. Black on 9/30/09. (jl1)