Fifth Third Bank v. McClure Properties, Inc.
|Plaintiff:||Fifth Third Bank|
|Defendant:||McClure Properties, Inc. and Victor A. McClure|
|Filed:||March 27, 2008|
|Court:||West Virginia Southern District Court|
|Office:||Negotiable Instrument Office|
|Presiding Judge:||Robert C. Chambers|
|Nature of Suit:||None|
|Cause of Action:||Diversity|
|Jury Demanded By:||28:1332 Diversity-Breach of Contract|
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|Date Filed||#||Document Text|
|July 9, 2010||77||MEMORANDUM OPINION ORDER granting 53 MOTION for Summary Judgment; denying as moot 69 MOTION in Limine. The court finds the McClure Defendants in default of the May 2006 loan agreement in the principal sum due, plus accrued but unpaid interest, an d for all late fees, fines, expenses and advances accrued on the note. Additionally, the Court enters judgment against Defendant McClure, individually, on the same. Due to the discrepancy in the amounts plaintiff has claimed are due, the Court Orde rs plaintiff to file an accounting that provides an explanation of the amount within 14 days. If they so choose, defendants are ordered to submit any response to plaintiff's accounting within 7 days of its filing. Finally, the Court finds the McClure defendants must pay Fifth Third's reasonable costs and expenses, including the bank's attorneys' fees. Signed by Judge Robert C. Chambers on 7/8/2010. (cc: attys; any unrepresented party) (dcm)|
|August 3, 2010||83||MEMORANDUM OPINION AND ORDER denying 81 MOTION to Stay. The Court Orders any response shall be submitted on or before Friday, 08/06/2010. Signed by Judge Robert C. Chambers on 8/3/2010. (cc: attys; any unrepresented party) (skm)|
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