Federal Deposit Insurance Corporation v. Harry Brown & Co., LLC, et al
| Federal Deposit Insurance Corporation |
| Harry Brown & Co., LLC, Stewardship Investments, LLC and Harry I. Brown, Jr. |
| Stewardship Investments, LLC, Harry I. Brown, Jr. and Harry Brown & Co., LLC |
| Federal Deposit Insurance Corporation |
| 2:2013cv00350 |
| May 22, 2013 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Coosa |
| Terry F. Moorer |
| W. Harold Albritton |
| Contract: Other |
| 12 U.S.C. ยง 1819 Default of Promissory Note |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
337
ORDER: it is ORDERED as follows: 1) The Report and Recommendation filed 5/13/2020 (Doc. 336 ), is ADOPTED and CONFIRMED and made a part of this Order. 2) The Estate's Second Renewed Application and Motion for Attorney's Fees,Expenses, and Costs Under the Equal Access to Justice Act (Doc. 308 ) is DENIED. Signed by Honorable Judge Paul G. Byron on 5/29/2020. (cwl, )
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Filing
334
ORDER: it is ORDERED AND ADJUDGED as follows: 1) The Estate's Objection (Doc. 332 ) is SUSTAINED. 2) Magistrate Judge Susan Russ Walker's Report and Recommendation (Doc. 331 ) is ADOPTED IN PART and REJECTED IN PART as follows: a) The Estate's Motion for Order Conforming Judgment for Costs (Doc. 321 ) is GRANTED. The Clerk of Court is DIRECTED to amend the Costs Judgment (Doc. 280 ) to identify CadleRock III, LLC, as the Plf. b) The Report is otherwise REJECTED. 3) As to th e Estate's Second Renewed Application and Motion for Attorney's Fees, Expenses, and Costs Under the Equal Access to Justice Act (Doc. 308 ), the motion is REMANDED to Magistrate Judge Walker for consideration on the merits not inconsistent with this Order. Signed by Honorable Judge Paul G. Byron on 2/4/2020. (cnw, )
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Filing
208
ORDER construing defendants' 194 brief as a MOTION for entry of an order allowing the action to be continued by the FDIC ; GRANTING defendants' 194 MOTION and the court directs that the action will be continued by the plf, and The Cradle Company II, Inc. will not be substituted as the Plaintiff. Signed by Honorable Judge Paul G. Byron on 2/8/16. (djy, )
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Filing
206
ORDER directing that the defs' objections to plf's 163 witness list and the plf's objections to def's 164 witness list are ORDERED OVERRULED, as further set out in order. Signed by Honorable Judge Paul G. Byron on 2/5/16. (djy, )
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Filing
187
ORDER denying 180 Motion for Attorney-Conducted Voir Dire, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 12/15/2015. (wcl, )
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Filing
142
ORDER directing as follows: (1) the defs are given until 7/10/2015 to file either a supplement to or a replacement of their 141 response which incorporates the discovery ordered in 139 response; (2) the reply brief for FDIC is reset to 7/17/2015; (3) the Pretrial Hearing set for 6/30/2015 is canceled and the pretrial hearing is reset for 10/15/2015 before Honorable Judge W. Harold Albritton III; (4) the trial is continued from the 8/3/2015 trial term to the 11/16/15 trial term; (5) the deadlines in the provisions in Sections 9, 10, 11 of the 32 uniform scheduling order are reset for 10/14/2015, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 6/1/15. Furnished to calendar group & EB.(djy, )
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Filing
120
ORDER denying 117 Motion for Reconsideration, as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 4/6/15. (djy, )
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Filing
106
MEMORANDUM OPINION AND ORDER directing as follows: (1) The Motion to Unseal Doc. # 59 (Doc. # 99 ) is GRANTED and the Clerk is DIRECTED to unseal Doc. # 59 and its attachments; (2) FDIC's Motion for Summary Judgment (# 65 ) is GRANTED in part, and judgment is entered as to FDIC and against the Defendants on the counterclaim (Count Nine) based on Bank Owned Life Insurance, and as to the amount of indebtedness as set by the state court, and is DENIED in all other respects; the case is also proceeding on the claim in Count III brought based on the Stewardship Investments, LLC loan, even though FDIC has conceded that the debt is no longer owned by FDIC (Doc. # 100 ); pursuant to Fed.R.Civ.P. 56(f), Plaintiff is given until March 9, 2015 to show cause why the court ought not grant summary judgment to the Defendant as to this claim. Signed by Honorable Judge W. Harold Albritton, III on March 2, 2015. (scn, )
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Filing
103
ORDER directing that the 101 Motion for Reconsideration is DENIED, as further set out; further ORDERED that the deadline for completion of all discovery is EXTENDED to March 30, 2015. Signed by Honorable Judge W. Harold Albritton, III on February 17, 2015. (scn, )
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Filing
100
MEMORANDUM OPINION AND ORDER directing as follows: (1) The Motion for Summary Judgment is DENIED (Doc. # 65 ) as to the claim against Stewardship Investments, LLC and on the Defendants' affirmative defenses of the statute of limitations, lack o f standing, collateral and payment, offset, release, and interest only at the statutory rate; (2) In view of the timing of the discovery issues relative to the presently-set trial date, it is hereby ORDERED that the trial of this case is continued un til and reset on the August 3, 2015 trial term, and the pretrial hearing scheduled for February 19, 2105 is canceled and reset on June 30, 2015; (3) The deadlines of February 19, 2015, set out in the Uniform Scheduling Order (Doc. # 32 ) are amended and reset for June 29, 2015; all other provisions of the Uniform Scheduling Order remain unchanged. Signed by Honorable Judge W. Harold Albritton, III on February 13, 2015. (Furnished to Calendar/EB)(Term'd: Jury Trial 03/23/2015)(scn, )
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Filing
90
ORDER directing that, to the extent that the Defendants' Renewed Motion to Compel (Doc. # 89 ) requests that the motion be heard at the pretrial conference set for February 19, 2015, the request is ORDERED DENIED, as further set out. Signed by Honorable Judge W. Harold Albritton, III on January 29, 2015. (scn, )
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Filing
78
MEMORANDUM OPINION AND ORDER directing as follows: (1) The Motion for Judgment on the Pleadings (Doc. # 63 ) is GRANTED as to Counts IV and V and those counts are DISMISSED from the Amended Complaint; (2) The Motion for Judgment on the Pleadings (Doc . # 63 ) is DENIED as to Counts I, II, and VI; (3) The Motion to Seal (Doc. # 68 ) is GRANTED; a briefing schedule on the pending Motion for Summary Judgment will be set by separate Order. Signed by Honorable Judge W. Harold Albritton, III on 12/22/14. (scn, )
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