First Horizon Bank v. Premier Holdings, LLC et al
| First Horizon Bank |
| Premier Holdings, LLC, Joginder Sidhu, Jaipal Gill and John A. Howard |
| Renasant Bank |
| First Horizon Bank |
| 2:2024cv00605 |
| September 26, 2024 |
| U.S. District Court for the Middle District of Alabama |
| Stephen Michael Doyle |
| R Austin Huffaker |
| Other Fraud |
| 28 U.S.C. § 754 Receiver of Property in Different Districts |
| None |
Docket Report
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This docket was last retrieved on January 6, 2025. A more recent docket listing may be available from PACER.
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Filing 64
ORDER: it is ORDERED as follows: 1.) The #27 temporary restraining order is hereby extended via conversion to a preliminary injunction, as further set out in order; 2.) Plf, Premier Holdings LLC, Gill, and Joginder shall file a Status Report concerning the Dfts' compliance with this Order and any requests for information by Plf on or by 12/3/2024, as further set out in order; It is FURTHER ORDERED as follows: On or by Friday, 11/22/2024, Premier Holdings LLC shall provide to Plf the names, addresses, and contact information for each of its current secured creditors, as further set out in order; This matter is SET for a hearing on all pending motions on 12/18/2024, 9:00 a.m. CST, Courtroom 2D, as further set out in order; On or by 12/2/2024, Plf First Horizon Bank shall post a bond of Five Thousand Dollars with the Clerk to secure this Order, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr. on 11/20/2024. (BES)
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Filing 63
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Motion Hearing held on 11/19/2024 re #1 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction, #50 MOTION for Preliminary Injunction and for Appointment of a Receiver (PDF available for court use only). (Court Reporter Dee Coker, 334.799.1573, dee_coker@almd.uscourts.gov) (WW)
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Filing 62
NOTICE by Renasant Bank Notice of Receipt of Acceptance of Service (Quistorff, Gabriel)
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Filing 61
NOTICE by Renasant Bank Notice of Receipt of Acceptance of Service (Quistorff, Gabriel)
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Filing 60
ORDER denying #55 Motion to Continue Hearing on Issues Raised In Preliminary Injunction Motion Filed by Plaintiff On November 13, 2024. Signed by Honorable Judge R. Austin Huffaker, Jr. on 11/18/2024. (LAB)
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Filing 59
Opposition to #55 MOTION to Continue Hearing filed by First Horizon Bank. (Douglas, Danielle) Modified on 11/18/2024 to clarify text (AM).
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Filing 58
BRIEF in Support of #50 MOTION for Appointment of a Receiver filed by First Horizon Bank. (Douglas, Danielle) Modified on 11/18/2024 to remove incorrect linkage & add correct linkage (AM).
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Filing 57
RESPONSE in Opposition re #50 MOTION for Preliminary Injunction and for Appointment of a Receiver filed by Jaipal Gill, Premier Holdings, LLC, Joginder Sidhu. (Holmes, Jeffrey)
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Filing 56
RESPONSE in Opposition re #50 MOTION for Preliminary Injunction and for Appointment of a Receiver filed by John A. Howard. (Chessin, Brett)
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Filing 55
Opposed MOTION to Continue Hearing re: #50 Motion for Preliminary Injunction by Jaipal Gill, Premier Holdings, LLC, Joginder Sidhu. (Holmes, Jeffrey) Modified on 11/18/2024 to clarify text(AM).
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Filing 54
MOTION for Order re #50 MOTION for Preliminary Injunction and for Appointment of a Receiver (PROPOSED ORDER) by First Horizon Bank. (Douglas, Danielle)
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Filing 53
Evidentiary Submission re #50 MOTION for Preliminary Injunction and for Appointment of a Receiver (Supplemental Submission) filed by First Horizon Bank. (Attachments: #1 Supplement Ritchey Transcript) (Douglas, Danielle)
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Filing 52
ORDER: Plf is ORDERED to provide argument, with case citations specific to the issue in a brief no longer than 10 pages, that supports Plf's request and entitlement to a receivership of such broad scope on or by 1:00 p.m., Monday, 11/18/2024, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr. on 11/15/2024. (BES)
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Filing 51
ORDER: (1) Plf shall provide the Court with 2 hard-copies of Plf's filed preliminary injunction motion, with exhibits, in D-ring binders, double-sided print with CM/ECF filed header, on or by Friday, 11/15/2024; (2) Dfts shall file their response to Plf's Motion by 1:00 p.m. on Monday, 11/18/2024; (3) Plf shall submit its proposed order for a receiver and requested relief by end of day on Friday, 11/15/2024. Signed by Honorable Judge R. Austin Huffaker, Jr. on 11/14/2024. (BES)
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Filing 50
MOTION for Preliminary Injunction and MOTION for Appointment of a Receiver by First Horizon Bank. (Attachments: #1 Exhibit Evidentiary Submission) (Douglas, Danielle). Added MOTION on 11/14/2024 to add motion for receiver and clarify text (BES).
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Filing 49
NOTICE of Appearance by Bret L. Linley on behalf of John A. Howard (Linley, Bret)
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Filing 48
Corporate/Conflict Disclosure Statement by John A. Howard re #47 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Whitehead, Stephen) Modified on 10/31/2024 to add link (BES).
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Filing 47
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to (DFT) John A. Howard; Corporate Disclosures due by 11/8/2024. (Attachments: #1 Standing Order and Sample Format)(BES)
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Filing 46
TEXT ORDER: Pending before the Court is Defendant John Howard's Unopposed Motion to Extend Response Pleading Deadline (doc. #44 ). For good cause, the Motion is GRANTED. Defendant John Howard's deadline to respond to Plaintiff First Horizon Bank's Complaint (doc. #1 ) is EXTENDED up to and including November 29, 2024. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/29/2024 (BES)
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Filing 45
NOTICE of Appearance by Brett Jared Chessin on behalf of John A. Howard (Chessin, Brett)
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Filing 44
MOTION for Extension of Deadline Responsive Pleading to Complaint by John A. Howard. (Whitehead, Stephen) Modified on 10/29/2024 to correct event to ext time to file answer (BES).
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Filing 43
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 10/10/2024, before Judge R. Austin Huffaker, Jr.. Court Reporter/Transcriber Dee Coker, Telephone number (334) 799-1573. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS. Redaction Request due 11/18/2024. Redacted Transcript Deadline set for 11/29/2024. Release of Transcript Restriction set for 1/27/2025. (BES)
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Filing 42
NOTICE of Non-Compliance re #41 Notice of Service of Discovery, which is hereby stricken pursuant to local rules regarding non-filing of civil discovery. (Attachments: #1 Local Rule 26.3 Excerpt)(BES)
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Filing 41
(STRICKEN PURSUANT TO LOCAL RULES RE NON-FILING OF CIVIL DISCOVERY) NOTICE of Service of Discovery by First Horizon Bank (Douglas, Danielle) Modified on 10/28/2024 (BES).
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Filing 40
ORDER: it is ORDERED that the Court's #27 TRO Order is EXTENDED up to and including 11/20/2024; An in-person hearing on all pending motions, including any further extension of the TRO, is SET for Tuesday, 11/19/2024 at 9:00 AM in Courtroom 2D. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/25/2024. (BES)
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Filing 39
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 10/25/2024 (PDF available for court use only). (Recording Time 9:00 - 9:25) (WW)
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Filing 38
ORDER granting #36 Consent Motion for Extension of Time to Respond to Complaint; it is ORDERED that Dfts' time to respond to Plf First Horizon Bank's #1 Complaint is EXTENDED up to and including 11/29/2024. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/23/2024. (BES)
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Filing 37
ORDER: For good cause, the #32 Motion is GRANTED; The preliminary injunction hearing scheduled for 10/25/2024 as set in this Court's #27 Order of 10/11/2024 is hereby CONTINUED; The telephone status conference remains set for 10/25/2024 at 9:00 a.m. during which a new preliminary injunction hearing date will be discussed. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/23/2024. (Term: Motion Hearing-10/25/2024)(AM)
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Filing 36
Unopposed Consent MOTION for Extension of Time to Respond to Complaint by Jaipal Gill, Premier Holdings, LLC, Joginder Sidhu. (White, William) Modified on 10/23/2024 to correct motion event & clarify text (AM).
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Filing 35
TEXT ORDER: A status conference by telephone regarding the Joint Status Report (Doc. #31 ) and Joint Motion to Continue (Doc. #32 ) is SET for 10/25/2024 at 9:00 AM (CT); The Courtroom Deputy will contact counsel with the call-in information. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/21/2024.(BES)
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Filing 34
Summons Issued as to First Horizon Bank, Premier Holdings, LLC, Joginder Sidhu.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (BES)
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Filing 33
Proposed Summons (Quistorff, Gabriel)
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Filing 32
Joint MOTION to Continue by First Horizon Bank, Joginder Sidhu, Premier Holdings, LLC, Jaipal Gill. (Douglas, Danielle) Modified on 10/21/2024 to clarify text and add joint filers (BES).
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Filing 31
Joint STATUS REPORT by First Horizon Bank, Joginder Sidhu, Premier Holdings, LLC, Jaipal Gill. (Douglas, Danielle) Modified on 10/21/2024 to clarify text and add joint filers (BES).
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Filing 30
Corporate/Conflict Disclosure Statement by Renasant Bank re #29 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Quistorff, Gabriel) Modified text on 10/17/2024 (CWL).
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Filing 29
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to (INTV PLF) Renasant Bank; Corporate Disclosures due by 10/28/2024. (Attachments: #1 Standing Order and Sample Format)(BES)
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Filing 27
ORDER: it is ORDERED as follows: 1.) First Horizon's #8 Verified Motion for the Entry of a Temporary Restraining Order and Appointment of a Receiver is GRANTED to the limited extent it seeks relief under the mortgage and loan documents, as further set out in order; 2.) To the extent First Horizon seeks the appointment of a "receiver" such request is DENIED WITHOUT PREJUDICE, as further set out in order; 3.) First Horizon, Premier Holdings LLC, Gill and Joginder shall file a Status Report concerning the Dfts' compliance with this Order and any requests for information by First Horizon on or by 10/18/2024; 4.) Renasant Bank is ORDERED to give First Horizon upon demand any nonprivileged, nonconfidential, financial information it possesses concerning any accounts and/or loans that it holds, or has held, with Premier Holdings LLC, as further set out in order; 5.) All Parties to this case are ORDERED to preserve all paper records, electronic and digital data, and media concerning Premier Holdings LLC and its related entities, as further set out in order; 6.) The Parties are hereby permitted to engage in limited, expedited discovery, as further set out in order; 7.) This case is SET for a hearing on 10/25/2024, at 9:00 AM in Courtroom 2D; The Court will hear all pending motions at the time; 8.) This Order is immediately in effect and shall remain in full force up to and including 10/25/2025, unless modified by the Court. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/11/2024. (BES)
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Filing 26
Corporate/Conflict Disclosure Statement by Jaipal Gill, Premier Holdings, LLC, Joginder Sidhu. (White, William)
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Filing 28
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Motion Hearing held on 10/10/2024 re #1 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, #8 MOTION for Temporary Restraining Order (PDF available for court use only). (Court Reporter Dee Coker, 334.799.1573, dee_coker@almd.uscourts.gov.) (Attachments: #1 Witness List, #2 Exhibit List- Plaintiff, #3 PXA, #4 PXB (p1), #5 PXB (p2), #6 PXC, #7 PXD, #8 PXE, #9 PXF, #10 PXG, #11 PXH, #12 TRO1 (p1), #13 TRO1 (p2)) (WW)
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Filing 25
NOTICE of Appearance by Anthony Brian Bush on behalf of Laetsch Properties, LLC, F. Laetsch Gregory (Bush, Anthony)
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Filing 24
SUMMONS Returned Executed by First Horizon Bank. John A. Howard served on 10/8/2024, answer due 10/29/2024. (Douglas, Danielle)
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Filing 23
SUMMONS Returned Executed by First Horizon Bank. Joginder Sidhu served on 10/3/2024, answer due 10/24/2024. (Douglas, Danielle)
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Filing 22
NOTICE of Appearance by Jeffrey Edward Holmes on behalf of Jaipal Gill, Premier Holdings, LLC, Joginder Sidhu (Holmes, Jeffrey)
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Filing 21
NOTICE of Appearance by William Calvin White, II on behalf of Jaipal Gill, Premier Holdings, LLC, Joginder Sidhu (White, William)
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Filing 20
ORDER: it is accordingly ORDERED that Plaintiff's Motion for Admission Pro Hac Vice (doc. #18 ) is GRANTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/9/2024. (HRR)
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Filing 19
Intervenor COMPLAINT AND CROSS-CLAIM IN INTERVENTION, filed by Renasant Bank. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8) (Quistorff, Gabriel)
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Filing 18
Motion for Attorney Clarence A. Wilbon to Appear Pro Hac Vice ( Filing fee $ 100 receipt number AALMDC-3723076.) by First Horizon Bank. (Attachments: #1 Exhibit (A) Certificate of Good Standing) (Douglas, Danielle) Modified on 10/8/2024 to reflect requesting atty (BES).
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Filing 17
ORDER granting #14 Motion to Intervene; Renasant Bank shall enter as a party-plf into this the case and is directed to file its intervenor complaint by 10:00 a.m. on 10/9/2024. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/8/2024. (BES)
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Filing 16
RESPONSE to Motion re #14 MOTION to Intervene filed by First Horizon Bank. (Douglas, Danielle)
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Filing 15
TEXT ORDER: Pending before the Court is the Renasant Bank's Motion to Intervene. (Doc. #14 .) It is ORDERED that Plaintiff First Horizon Bank must file a statement by 12:00pm on October 8, 2024, as to whether it opposes the request for intervention. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/7/2024. (BES)
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Filing 14
MOTION to Intervene by Renasant Bank. (Attachments: #1 Exhibit Exhibit A) (Quistorff, Gabriel)
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Filing 13
ORDER granting #12 Motion for Leave to Appear Pro Hac Vice for Thomas William Lawless. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/7/2024. (BES)
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***PURSUANT TO THE #14 MOTION TO INTERVENE - Attorney Robert Lee DeMoss, III & Jeremy Lowery Retherford for Renasant Bank added. (BES)
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Filing 12
Motion for Attorney Thomas William Lawless to Appear Pro Hac Vice ( Filing fee $ 100 receipt number AALMDC-3721552.) by First Horizon Bank. (Attachments: #1 Exhibit (A) Certificate of Good Standing) (Douglas, Danielle) Modified on 10/7/2024 to reflect requesting atty (BES).
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Filing 11
Corporate/Conflict Disclosure Statement by First Horizon Bank re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Douglas, Danielle) Modified on 10/4/2024 to add link (BES).
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Filing 10
SUMMONS Returned Executed by First Horizon Bank. Premier Holdings, LLC served on 10/1/2024, answer due 10/22/2024. (Douglas, Danielle)
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Filing 9
ORDER Setting Hearing on the #8 Motion for the Entry of a Temporary Restraining Order and Appointment of Receiver; Motion Hearing set for 10/10/2024 at 01:00 PM in Courtroom 2D before Honorable Judge R. Austin Huffaker Jr.; It is further ORDERED that Plf shall immediately attempt to notify each of the Dfts, directly and through their known counsel, of this Order and the hearing date. Signed by Honorable Judge R. Austin Huffaker, Jr. on 10/1/2024. (BES)
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Filing 8
MOTION for Temporary Restraining Order and MOTION for Appointment of a Receiver by First Horizon Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order) (Douglas, Danielle). Added MOTION for receiver on 10/1/2024 and clarified text (BES).
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Filing 7
Minute Entry for proceedings held before Honorable Judge R. Austin Huffaker, Jr.: Status Conference held on 9/27/2024 (PDF available for court use only). (Court Reporter Katie Silas, (334) 315-0363, Katie_Searssilas@almd.uscourts.gov) (WW)
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Filing 6
TEXT ORDER: A status conference by telephone regarding the Complaint (Doc. #1 ) is SET for 9/27/2024 at 1:30 PM (CT); The Courtroom Deputy will contact counsel with the call-in information. Signed by Honorable Judge R. Austin Huffaker, Jr. on 9/27/2024. (BES)
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Filing 5
Summons Issued as to Jaipal Gill, John A. Howard, Premier Holdings, LLC, Joginder Sidhu. NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (BES)
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Filing 4
Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to (PLF) First Horizon Bank; Corporate Disclosures due by 10/7/2024. (Attachments: #1 Standing Order and Sample Format)(BES)
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Filing 3
NOTICE to Counsel re Pro Hac Vice admission for Attorneys Clarence A. Wilbon & Thomas William Lawless. (BES)
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Filing 2
Case assigned to Honorable Judge R. Austin Huffaker, Jr. as Presiding Judge and Magistrate Judge Stephen Michael Doyle as Referral Judge. (BES)
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MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by First Horizon Bank. (no pdf - see doc #1 at pages 18 and 20) (CWL)
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Filing 1
COMPLAINT for Emergency Injunctive Relief, Breach of Fiduciary Duty, Fraud, Civil Conspiracy, and Breach of Contract against All Defendants ( Filing fee $ 405 receipt number AALMDC-3716910.), filed by First Horizon Bank. 90 day Rule 4m deadline set for 12/26/2024. (Attachments: #1 Exhibit (A) to Complaint, #2 Exhibit (B) to Complaint, #3 Exhibit (C) to Complaint, #4 Exhibit (D) to Complaint, #5 Exhibit (E) to Complaint, #6 Exhibit (F) to Complaint, #7 Exhibit (G) to Complaint, #8 Exhibit (H) to Complaint, #9 Proposed Summons Premier Holdings, LLC, #10 Proposed Summons Joginder Sidhu, #11 Proposed Summons Jaipal Gill, #12 Proposed Summons John A. Howard, #13 Civil Cover Sheet) (Douglas, Danielle)
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