Huntington National Bank v. Guishard, Wilburn & Shorts, LLC et al
| Huntington National Bank |
| Guishard, Wilburn & Shorts, LLC, Allen J Pendergrass, Nathan Pendergrass, Joseph Gray, Clyde Parks and John - Does 1-10 |
| 2:2012cv01035 |
| November 8, 2012 |
| US District Court for the Southern District of Ohio |
| Columbus Office |
| FRANKLIN |
| Mark R Abel |
| Algenon L Marbley |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1964 Racketeering (RICO) Act |
| Both |
Docket Report
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This docket was last retrieved on January 30, 2015. A more recent docket listing may be available from PACER.
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Filing 66
Mail Returned #58 and #59 as Undeliverable Returned To Sender Unknown. Mail sent #58 on 12/09/2014 and Mail sent #59 on 12/10/2014 to Joseph Gray. (sr1)
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Filing 65
CLERK'S JUDGMENT entered pursuant to Order signed by Judge Algenon L. Marbley on 1/7/2015. (cw)
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Filing 64
ORDER granting #60 Motion for Default Judgment. This Court shall retain jurisdiction over this default judgment to enforce the judgment, or supplement the amount of damages to include the amount incurred by Huntington after the entry of this judgment. Signed by Judge Algenon L. Marbley on 1/7/2015. (cw)
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Filing 63
NOTICE by Plaintiff Huntington National Bank re #60 MOTION for Default Judgment against Guishard Wilburn & Shorts, Allen Pendergrass and Nathan Pendergrass Proposed Order Granting Motion for Default Judgment (Lin, Albert)
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Filing 62
NOTICE by Plaintiff Huntington National Bank re #60 MOTION for Default Judgment against Guishard Wilburn & Shorts, Allen Pendergrass and Nathan Pendergrass Declaration of Albert Lin (Attachments: #1 Exhibit Redacted Statements) (Lin, Albert)
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Filing 61
NOTICE by Plaintiff Huntington National Bank re #60 MOTION for Default Judgment against Guishard Wilburn & Shorts, Allen Pendergrass and Nathan Pendergrass Declaration of Sheri Lambert (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Lin, Albert)
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Filing 60
MOTION for Default Judgment against Guishard Wilburn & Shorts, Allen Pendergrass and Nathan Pendergrass by Plaintiff Huntington National Bank. Responses due by 1/16/2015 (Lin, Albert)
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Filing 59
CLERK'S JUDGMENT entered pursuant to Opinion and Order signed by Judge Algenon L. Marbley on 12/10/2014. (cw)
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Filing 58
ORDER granting #54 Motion for Judgment on the Pleadings. Signed by Judge Algenon L. Marbley on 12/9/2014. (cw)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) (cw).
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Filing 57
REPLY to Response to Motion re #54 MOTION for Judgment on the Pleadings Re-Filed filed by Plaintiff Huntington National Bank. (Attachments: #1 Exhibit A - Indictment) (Lin, Albert)
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Filing 56
RESPONSE in Opposition re #54 MOTION for Judgment on the Pleadings Re-Filed filed by Defendant Joseph Gray. (sr1)
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Filing 55
Mail Returned #52 as Undeliverable To Forward - Return To Sender. Mail sent certified (7002 0510 0004 3445 0937) to Joseph Gray on 03/05/2014. (sr1)
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Filing 54
MOTION for Judgment on the Pleadings Re-Filed by Plaintiff Huntington National Bank. Responses due by 4/21/2014 (Lin, Albert)
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Filing 53
NOTICE OF WITHDRAWAL OF DOCUMENT by Plaintiff Huntington National Bank re #47 MOTION for Judgment on the Pleadings Without Prejudice (Lin, Albert)
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Filing 52
SCHEDULING ORDER re: #47 Motion for Judgment on the Pleadings.. Signed by Judge Algenon L. Marbley on 3/5/2014. (cw)
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Filing 51
ORDER DISMISSING DEFENDANT CYLDE PARKS WITH PREJUDICE.. Signed by Judge Algenon L. Marbley on 9/25/2013. (cw)
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Filing 50
NOTICE of Voluntary Dismissal by Plaintiff Huntington National Bank (Attachments: #1 Text of Proposed Order [Proposed] Order Dismissing Defendant Clyde Parks with Prejudice) (Lin, Albert)
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Filing 49
ORDER granting #48 Motion to Stay discovery deadlines. Signed by Magistrate Judge Mark R. Abel on 7/31/13. (sh1)
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Filing 48
MOTION to Stay Discovery Deadlines Pursuant to Settlement and Dispositive Motion by Plaintiff Huntington National Bank. (Attachments: #1 Text of Proposed Order Proposed Order) (Lin, Albert)
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Filing 47
MOTION for Judgment on the Pleadings by Plaintiff Huntington National Bank. Responses due by 8/12/2013 (Attachments: #1 Text of Proposed Order Entry of Judgment on the Pleadings Against Defendant Joseph Gray) (Lin, Albert)
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Set/Reset Columbus PPTO Deadlines: Rule 26(a)(1) Disclosures due by 7/8/2013. Primary Expert due by 8/21/2013. Rebuttal Expert due by 9/20/2013. Discovery due by 8/21/2013. Dispositive motions due by 9/20/2013. (pes1)
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Filing 46
ORDER granting #45 Motion for Extension of Time; granting #45 Motion for Extension of Time to Amend. Signed by Magistrate Judge Mark R. Abel on 6/14/13. (sh1)
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Filing 45
First MOTION for Extension of Time New date requested 7/8/2013. , MOTION for Extension of Time to Amend #44 Order New date requested 7/8/2013. by Plaintiff Huntington National Bank. (Attachments: #1 Exhibit A) (Lin, Albert)
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Filing 44
ORDER: Plf's Rule 26(a)(1) disclosures extended to 6/17/13. Signed by Magistrate Judge Mark R. Abel on 6/3/13. (sh1)
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Set Columbus PPTO Deadlines: Joinder of Parties due by 5/31/2013. (pes1)
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Filing 43
PRELIMINARY PRETRIAL ORDER: Motions to Amend due by 5/31/2013. Rule 26(a)(1) Disclosures due by 6/3/2013. Primary Expert due by 7/31/2013. Rebuttal Expert due by 8/30/2013. Discovery due by 7/30/2013. Dispositive motions due by 8/30/2013. Signed by Magistrate Judge Mark R. Abel on 4/26/13. (sh1)
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Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Initial Pretrial Conference held on 4/25/2013. (Rubey, Rachel)
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Filing 42
Clerk's ENTRY OF DEFAULT as to Defendants Guishard, Wilburn & Shorts, LLC and Allen J Pendergrass. (pes1)
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Filing 41
APPLICATION for Entry of Default against Defendants Allen Pendergrass and Guishard Wilburn & Shorts by Plaintiff Huntington National Bank. Responses due by 5/13/2013 (Attachments: #1 Exhibit Exhibit A - Declaration of Albert G. Lin in Support of Plaintiff's Request for Entry of Default Against Defendants Allen Pendergrass and Guishard Wilburn & Shorts, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C) (Lin, Albert) Modified on 4/19/2013 to correct electronic filing event and terminate motion. (pes1).
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Filing 40
RULE 26(f) REPORT of Parties by Plaintiff Huntington National Bank. (Lin, Albert)
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Filing 39
NOTICE of Hearing: Preliminary Pretrial Conference set for 4/25/2013 @ 10:00 AM before Magistrate Judge Mark R. Abel. Conf of the parties due 4/5/13; Rule 26f report of the parties due 4/19/13. (sh1)
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Filing 38
SERVICE by Publication filed by Plaintiff Huntington National Bank. Last publication date March 13, 2013. (Attachments: #1 Affidavit Affidavit of Patricia A. Deck) (Lin, Albert)
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Filing 37
CERTIFICATE Of Mailing by Ordinary Mail Service by Clerk's Office to Guishard, Wilburn & Shorts, LLC and Allen Pendergrass. (sr)
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Filing 36
Praecipe For Ordinary Mail Service filed by Plaintiff Huntington National Bank. (sr)
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Filing 35
Summons Issued as to Guishard, Wilburn & Shorts, LLC, Allen J Pendergrass. (sr)
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Filing 34
Summons Returned Unexecuted as to Guishard, Wilburn & Shorts, LLC, Allen J Pendergrass. (Attachments: #1 Certified Mail Receipt) (rew)
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Filing 33
Summons Returned Unexecuted by Huntington National Bank as to Guishard, Wilburn & Shorts, LLC. (Attachments: #1 Exhibit Evidence of Certified Mail Package Returned "Unclaimed") (Lin, Albert)
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Filing 32
Summons Returned Unexecuted by Huntington National Bank as to Allen J Pendergrass. (Attachments: #1 Exhibit Evidence of Certified Mail Package Returned "Unclaimed") (Lin, Albert)
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Filing 31
NOTICE of Service of Process By Publication filed by Clerk's Office Southern District of Ohio. (sr)
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Filing 30
ORDER granting #28 Motion for Service by Publication.. Signed by Judge Algenon L. Marbley on 1/30/2013. (cw)
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Filing 29
NOTICE by Plaintiff Huntington National Bank re #28 MOTION for Order to Serve Defendants Allen Pendergrass and Guishard, Wilburn & Shorts, LLC by Publication of Proposed Order (Lin, Albert)
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Filing 28
MOTION for Order to Serve Defendants Allen Pendergrass and Guishard, Wilburn & Shorts, LLC by Publication by Plaintiff Huntington National Bank. (Attachments: #1 Exhibit A - Declaration of Lynn Cory, #2 Exhibit B - Declaration of Richard J. O'Neill, #3 Exhibit C - Declaration of Heather King, #4 Exhibit D - Declaration of Bruce R. Smith, Jr., #5 Exhibit E - Notice of Service by Publication) (Gilligan, John)
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Filing 27
NOTICE by Plaintiff Huntington National Bank of Bankruptcy Filing (Attachments: #1 Exhibit Exhibit 1) (Lin, Albert)
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Filing 26
NOTICE by Plaintiff Huntington National Bank re #22 Clerk's Entry of Default Certificate of Service (Lin, Albert)
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Filing 25
CERTIFICATE of Mailing by Clerk's Office. (sr1)
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Filing 24
Summons Issued as to Guishard, Wilburn & Shorts, LLC, Allen J Pendergrass. (sr1)
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Filing 23
Praecipe filed by Plaintiff Huntington National Bank (sr1)
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Filing 22
Clerk's ENTRY OF DEFAULT as to Defendant Nathan Pendergrass. (pes1)
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Filing 21
APPLICATION for Entry of Default against Nathan Pendergrass by Plaintiff Huntington National Bank. Responses due by 1/28/2013 (Attachments: #1 Exhibit Declaration of Albert G. Lin in Support of Plaintiff's Request for Entry of Default Against Defendant Nathan Pendergrass) (Lin, Albert) Modified on 1/4/2013 to terminate motion and refile as an application for entry of default. (pes1).
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Filing 20
Amended ANSWER to Complaint with Jury Demand , CROSSCLAIM against All Defendants filed by Clyde Parks. (Handelman, Robert)
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Filing 19
ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against All Defendants filed by Clyde Parks. (Handelman, Robert)
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Filing 18
CERTIFICATE OF SERVICE by Plaintiff Huntington National Bank re #17 Order on Motion for TRO, #12 Order Setting Hearing on Motion, Upon Defendants (Lin, Albert)
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Filing 17
OPINION AND ORDER granting in part and denying in part #2 Motion for Preliminary Injunction. Signed by Judge Algenon L. Marbley on 11/26/2012. (cw)
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Filing 16
ANSWER to #1 Complaint filed by Joseph Gray. (Attachments: #1 Exhibit A, #2 Exhibit B) (sr1)
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Filing 15
SUMMONS Returned Executed as to Defendant Nathan Pendergrass. Nathan Pendergrass served on 11/14/2012, answer due 12/5/2012. (Lin, Albert)
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Pursuant to #14 : Original Security Bond received in the Clerk's Office and forwarded to the financial department on 11/19/2012. (pes1)
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Filing 14
NOTICE by Plaintiff Huntington National Bank of Filing Bond as Security Pursuant to Temporary Restraining Order (Lin, Albert)
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Filing 13
SUMMONS Returned Executed as to Defendant Joseph Gray. Joseph Gray served on 11/15/2012, answer due 12/6/2012. (Lin, Albert)
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Filing 12
ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER. The Court hereby is Setting a Hearing on the Motion #2 MOTION for Preliminary Injunction by Plaintiff : Motion Hearing set for 11/26/2012 10:00 AM in Courtroom 1 - Columbus before Judge Algenon L. Marbley. Signed by Judge Algenon L. Marbley on 11/15/2012. (cw1)
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Filing 11
NOTICE by Plaintiff Huntington National Bank re #9 Affidavit, #10 Affidavit Certificate of Service of Declaration of Alexander Monnier and Second Declaration of Jeffrey Braden (Lin, Albert)
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Filing 10
AFFIDAVIT re #2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff, #1 Complaint, Declaration of Alexander Monnier by Plaintiff Huntington National Bank. (Lin, Albert)
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Filing 9
AFFIDAVIT re #2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff, #1 Complaint, Second Declaration of Jeff Braden by Plaintiff Huntington National Bank. (Lin, Albert)
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Filing 8
NOTICE by Plaintiff Huntington National Bank re #2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff - [Proposed] Order Granting Motion for TRO (Lin, Albert)
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Filing 7
Summons Issued as to Joseph Gray, Guishard, Wilburn & Shorts, LLC, Clyde Parks, Allen J Pendergrass, Nathan Pendergrass. (sr1)
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Filing 6
NOTICE by Plaintiff Huntington National Bank of Local Rule 65.1 Certification by Plaintiff's Counsel (Gilligan, John)
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Filing 5
Corporate Disclosure Statement by Defendants Huntington National Bank, Huntington Bancshares Incorporated identifying Corporate Parent Huntington Bancshares Incorporated for Huntington National Bank.. (Gilligan, John)
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Filing 4
AFFIDAVIT re #2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff, #1 Complaint, by Plaintiff by Defendant Huntington National Bank. (Attachments: #1 Exhibit A) (Gilligan, John)
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Filing 3
AFFIDAVIT re #2 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff, #1 Complaint, by Plaintiff by Defendant Huntington National Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Gilligan, John)
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Filing 2
MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff by Defendant Huntington National Bank. (Gilligan, John)
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Filing 1
COMPLAINT with JURY DEMAND against John - Does 1-10, Joseph Gray, Guishard, Wilburn & Shorts, LLC, Clyde Parks, Allen J Pendergrass, Nathan Pendergrass ( Filing fee $ 350 paid - receipt number: 0648-3866691), filed by Huntington National Bank. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - 2012 Deposit Detail, #3 Exhibit B - Withdrawals from GWS Account, #4 Exhibit C - Reclamation Requests) (Gilligan, John)
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