Tolliver v. Regions Bank et al

Plaintiff: James Henry Tolliver, Jr
Defendant: Tangela Tolliver Levinson and Regions Bank
Case Number: 2:2019cv00497
Filed: March 28, 2019
Court: US District Court for the Northern District of Alabama
Presiding Judge: R David Proctor
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 18, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 18, 2019 Filing 21 AMENDED COMPLAINT Second Amended against All Defendants, filed by James Henry Tolliver, Jr.(Loder, Lee)
June 11, 2019 Filing 20 PRELIMINARY RULE 16 SCHEDULING ORDER: Discovery due by 8/30/2019. Dispositive Motions due by 9/17/2019.. Signed by Judge R David Proctor on 6/11/2019. (KAM)
June 11, 2019 Filing 19 ORDER for the reasons stated in the accompanying memorandum opinion, granting in part and denying in part #2 Motion to Dismiss; motion is granted as to pla's stand alone claim for declaratory relief; count five is dismissed w/out prejudice for failure to state a claim; motion is denied as to pla's breach of contract claim and pla's claim under the Electronic Funds Transfer Act; counts seven and six may proceed; Plaintiffs counsel is ORDERED to file an amended complaint on or before June 21, 2019, naming the correct party (Ashley Jackson, as personal representative of the Estate of James Henry Tolliver, Jr.) as Plaintiff. Signed by Judge R David Proctor on 6/11/2019. (KAM)
June 11, 2019 Filing 18 MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/11/2019. (KAM)
June 10, 2019 Minute Entry for proceedings held before Judge R David Proctor: Scheduling Conference held on 6/10/2019. A separate Preliminary Scheduling Order will be entered by the court. (KLL)
May 17, 2019 Filing 17 ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE - This case is SET for a Rule 16(b) scheduling conference at 11:00 a.m. on Monday, June 10, 2019, in chambers of the undersigned located at the Hugo L. Black United States Courthouse, 1729 5th Avenue North, Room 730, Birmingham, Alabama. Signed by Judge R David Proctor on 5/17/2019. (KEK)
April 30, 2019 Filing 16 REPORT of Rule 26(f) Planning Meeting. (Walker, Thomas)
April 18, 2019 Filing 15 REPLY Brief filed by Defendant Regions Bank re: #2 MOTION to Dismiss Claims Against Regions in Plaintiff's Amended Complaint filed by Regions Bank. (Attachments: #1 Exhibit A)(Stanley, Jennifer)
April 12, 2019 Filing 14 TEXT ORDER This matter is before the court on Defendant Tangela Tolliver Levinson's Unopposed Motion to Withdraw Previously Filed Motion to Dismiss #13 . The motion #13 is GRANTED. The Clerk of Court is DIRECTED to administratively terminate Defendant Tangela Tolliver Levinson's Motion to Dismiss (Doc. #1-1 at 29), filed in state court on February 22, 2019. Signed by Judge R David Proctor on 4/12/2019. (KAM)
April 12, 2019 Filing 13 Unopposed MOTION to Withdraw Previously Filed Motion to Dismiss by Tangela Tolliver Levinson. (Walker, Thomas)
April 11, 2019 Filing 12 NOTICE of Appearance by Thomas E Walker on behalf of Tangela Tolliver Levinson (Walker, Thomas)
April 5, 2019 Filing 11 TEXT ORDER-This case is before the court on the "Motion to Stay Motion to Dismiss" #8 filed by Plaintiff. The court construes the motion as a request for the court to deny Defendant Regions Bank's pending motion to dismiss #2 and permit the case to proceed to discovery. That is the same request Plaintiff makes in its Response in Opposition to Defendant's Motion to Dismiss/for Summary Judgment #9 , and it is the very question the court must decide in ruling on Regions Bank's motion to dismiss. The court will therefore treat Plaintiff's filing as an additional response in opposition to Regions Bank's motion to dismiss, not as a motion requesting separate relief beyond that requested in Plaintiff's Response in Opposition #9 . In its reply brief, Defendant Regions Bank may address arguments raised in both of Plaintiff's filings #8 , #9 . At that time, the court will take Regions Bank's motion to dismiss #2 under submission. Signed by Judge R David Proctor on 4/5/2019. (KAM)
April 5, 2019 Filing 10 TEXT ORDER-This case is before the court on Defendant Tangela Tolliver Levinson's Motion to Dismiss Plaintiff's Complaint (Doc. #1-1 at 29), filed in state court on February 22, 2019. The parties are DIRECTED to brief the motion as follows: (1) Defendant Tangela Tolliver Levinson SHALL file a brief in support of the motion to dismiss on or before April 12, 2019; (2) Plaintiff SHALL file a response brief on or before April 19, 2019; and (3) Defendant Tangela Tolliver Levinson MAY file a reply brief on or before April 26, 2019. Signed by Judge R David Proctor on 4/5/2019. (KAM)
April 5, 2019 SetDeadlines as to MOTION to Dismiss. Responses due by 4/19/2019 Replies due by 4/26/2019. (KAM)
April 4, 2019 Filing 9 RESPONSE to Motion re #2 MOTION to Dismiss Claims Against Regions in Plaintiff's Amended Complaint filed by James Henry Tolliver, Jr. (Loder, Lee)
April 4, 2019 Filing 8 MOTION to Stay re #3 Brief, #2 MOTION to Dismiss Claims Against Regions in Plaintiff's Amended Complaint by James Henry Tolliver, Jr. (Loder, Lee)
April 1, 2019 Filing 7 TEXT ORDER - This matter is before the court on Defendant Regions Bank's Motion to Dismiss #2 and Motion to Stay Discovery Obligations #5 . The parties are DIRECTED to brief the motion to dismiss #2 as follows: Plaintiff SHALL respond on or before April 11, 2019; Defendant Regions Bank MAY reply on or before April 19, 2019. Regions Bank's motion to stay discovery obligations #5 is GRANTED IN PART. Regions Bank's discovery obligations are STAYED pending the Rule 16(b) Scheduling Conference described in paragraph 4 of the court's Initial Order #6 . Regions Bank need not respond to any pending discovery requests in advance of the Rule 16(b) Scheduling Conference. However, Regions Bank is required to comply with paragraphs 1-4 of the court's Initial Order #6 , including participating in a Rule 26(f) Conference, filing a Rule 26(f) Report, and attending the Rule 16(b) Scheduling Conference in this case. The court will consider whether to further stay Regions Bank's discovery obligations at the Rule 16(b) Scheduling Conference, which will be scheduled after the parties file their Rule 26(f) Report. Signed by Judge R David Proctor on 4/1/2019. (KAM)
April 1, 2019 Filing 6 INITIAL ORDER - with appendices attached. Signed by Judge R David Proctor on 4/1/2019. (KAM)
March 29, 2019 Filing 5 MOTION to Stay Discovery Obligations Pending Disposition of Motion to Dismiss Claims Against Regions in Plaintiff's Amended Complaint by Regions Bank. (Stanley, Jennifer)
March 29, 2019 Filing Fee: Filing fee $ 400, receipt_number 1126-3311542. related document #1 NOTICE OF REMOVAL by Regions Bank from Jefferson County Circuit Court, case number 2019-900504., filed by Regions Bank. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(KAM). (Stanley, Jennifer)
March 28, 2019 Filing 4 Corporate Disclosure Statement by Regions Bank. filed by Regions Bank (Stanley, Jennifer)
March 28, 2019 Filing 3 Brief re #2 MOTION to Dismiss Claims Against Regions in Plaintiff's Amended Complaint filed by Regions Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Stanley, Jennifer)
March 28, 2019 Filing 2 MOTION to Dismiss Claims Against Regions in Plaintiff's Amended Complaint by Regions Bank. (Stanley, Jennifer)
March 28, 2019 Filing 1 NOTICE OF REMOVAL by Regions Bank from Jefferson County Circuit Court, case number 2019-900504., filed by Regions Bank. (Attachments: #1 Exhibit A, #2 Exhibit B)(KAM)
March 28, 2019 AMENDED COMPLAINT against Tangela Tolliver Levinson, Regions Bank, filed by James Henry Tolliver, Jr. (deemed filed 2/26/2019 in state court)(KAM)
March 28, 2019 MOTION to Dismiss by Tangela Tolliver Levinson. (deemed filed 2/22/2019 in state court) (KAM)

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Defendant: Tangela Tolliver Levinson
Represented By: Sidney C Summey, Jr
Represented By: Karen M Hennecy
Represented By: Thomas E Walker
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Defendant: Regions Bank
Represented By: Robert Harris Fowlkes
Represented By: Jennifer Ashley Stanley
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Plaintiff: James Henry Tolliver, Jr
Represented By: Lee W Loder
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