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Norman v. Superior Credit Union, Inc.

United States District Court, S.D. Ohio, Western Division

December 9, 2019

FRED A. NORMAN, et al., Plaintiffs,
v.
SUPERIOR CREDIT UNION, INC., f/k/a CINCO CREDIT UNION, et al., Defendants.

          Dlott, J.

          REPORT AND RECOMMENDATION

          Stephanie K. Bowman United States Magistrate Judge

         On April 5, 2019, Plaintiffs Fred A. Norman and Lydia Norman, proceeding pro se, paid the requisite filing fee and initiated this civil case against Superior Credit Union, Inc. formerly known as Cinco Credit Union, and three of its employees: Tom Hopper, Jim Zahneis, and Perry Lunhe.[1] Pursuant to local practice, this case has been referred to the undersigned magistrate judge. See generally 28 U.S.C. § 636(b).

         Defendants have filed a motion for summary judgment. Plaintiffs have responded, and Defendants have filed a reply. For the reasons that follow, the undersigned now recommends that Defendants' motion be GRANTED and that this case be DISMISSED.

         I. Allegations of Complaint

         Because the undersigned concludes that this Court is without jurisdiction over this case, it is appropriate to begin with a review of Plaintiffs' claims. The entirety of the complaint sets forth those claims as follows:

1. Cinco et al employees Tom Hopper and Jim Zahneis perpetrated the acts of theft and misappropriation of plaintiffs Savings and Primary Share and Mortgage accounts from 1976-2018.
2. Cinco et al. employees Tom Hopper 1987-1999 and Jim Zahneis from 1998 until now, substantial amounts of money was taken and transferred out of the savings and mortgage accounts of Fred and Lydia Norman from 1987-2017.
3. Cinco et al employees from 1987-1999 Tom Hopper and from 1999-2017 Jim Zahneis, both used altered contracts, illegible and incomplete listing of payments and money, also changing book series numbers that were different from the original loan.
4. Cinco et al Tom Hopper from 1987-1999 and irregularities on the ledger to remove or use significant amounts of money from the savings, primary share account and mortgage of Fred and Lydia Norman, which they never had the opportunity to receive any payments or dividends from their shares which Cinco has taken and hid.
5. Cinco et al employee Jim Zahneis from 1999-2018, purposefully used outdated and purported contracts, false statements while using wire transfers from out of the savings account and primary shares from the accounts of Fred and Lydia Norman. While using illegal interest rates that doesn't follow federal rules and regulations, this has continued for over 20 plus years. Now when it comes to Superior Credit Union, suspicions grow with them. Although they are now the new Cinco, the savings and primary shares are being used and taken again. Until this day, the Normans still have not received a check or any dividends.
6. Now the same pattern continues with Superior and once again, Fred and Lydia Norman are restricted from all access to their accounts including the primary shares. The same vile business practices are being used against the Normans.
7. Substantial amounts of money have been taken and paid to these financial institutions. This situation needs to be investigated and tried.

         Immediately below the above typed paragraphs in the complaint is the ...


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