Schniper et al v. ServisFirst Bancshares, Inc., et al
| Stephen Schniper, Dorothy Ann Beasley-Schniper and Speciality Foods of Alabama, Inc. doing business as Tsitalia Imports |
| ServisFirst Bancshares Inc a Delaware Corporation doing business as ServisFirst Bank and William Richard Boyd, Jr. |
| 2:2022cv00226 |
| February 22, 2022 |
| US District Court for the Northern District of Alabama |
| Nicholas A Danella |
| Real Property: Foreclosure |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 46 MINUTE ENTRY OF STIPULATED DISMISSAL: Pursuant to Federal Rule of Civil Procedure 41, the parties have jointly stipulated to dismissal of this action WITH PREJUDICE (Doc. #45 ). Per the stipulation, each party shall bear its own costs. This case is CLOSED at the direction of the Honorable Nicholas A. Danella (MEB2) Modified on 3/31/2022 - Main Document added (MEB2). |
| Filing 45 STIPULATION of Dismissal with Prejudice by Consent by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. filed by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc. (Bleynat, Edward) |
Filing 44
TEXT ORDER: Based on the telephone conference held on March 23, 2022, the parties are ORDERED to file a stipulation of dismissal or a joint status report no later than March 30, 2022. All deadlines in this case are STAYED. Signed by Magistrate Judge Nicholas A Danella on 3/23/2022. (DNW)
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| Minute Entry for proceedings held before Magistrate Judge Nicholas A Danella: Telephone Conference held on 3/23/2022; Plaintiff Stephen Schniper present with Attorney Dearwester; Atty Morris present for defts (MEB2) |
| Filing 43 NOTICE of Appearance by Brenton K Morris on behalf of William Richard Boyd, Jr (Morris, Brenton) |
| Filing 42 MOTION for Extension of Time Report to Court and Motion to Extend Time for Rule 26(f) Conference by ServisFirst Bancshares Inc. (Morris, Brenton) |
| Filing 41 Amended MOTION to Withdraw as Attorney by Ed Bleynat and Jane Dearwester by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. (Bleynat, Edward) |
| Filing 40 MOTION to Withdraw as Attorney by Ed Bleynat and Jane Dearweste by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. (Bleynat, Edward) |
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Filing 39
TEXT ORDER: Defendant ServisFirst Bancshares, Inc.'s "Motion For Withdrawal And Substitution Of Counsel" (Doc. #38 ) is GRANTED. Attorneys Esther Elizabeth Manheimer, Jonathan H. Dunlap, and Mark Alan Pinkston terminated. Brenton K. Morris is substituted as counsel of record for Defendant ServisFirst Bancshares, Inc. Signed by Magistrate Judge Nicholas A Danella on March 10, 2022. (MEB2)
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| Filing 38 MOTION to Substitute Attorney Motion for Withdrawal and Substitution of Counsel by ServisFirst Bancshares Inc. (Morris, Brenton) |
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Filing 37
TEXT ORDER: The telephone conference regarding consent to magistrate jurisdiction that is currently set for Tuesday, March 15, 2022 is RESET for Wednesday, March 23, 2022, at 11:00 AM before Magistrate Judge Danella. The parties should dial (888) 363-4735 and enter access code 6785641 to participate in the conference. The parties are reminded that they are required to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) by no later than April 8, 2022. The telephone conference will be cancelled by separate order if all parties have submitted their elections beforehand. Signed by Magistrate Judge Nicholas A Danella on March 8, 2022. (MEB2)
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Filing 36
ORDER: Pursuant to General Order For Referral of Civil matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge no later than April 8, 2022. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after April 8, 2022. A telephone conference is hereby SET for 10:00 AM on Tuesday, March 15, 2022. The parties are DIRECTED to call 888-363-4735 access code 6785641. Signed by Magistrate Judge Nicholas A Danella on February 22, 2022. (MEB2)
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Filing 35
ORDER REGARDING COMPLIANCE WITH RULE 26. Rule 26 Meeting Report due by 3/29/2022. Signed by Magistrate Judge Nicholas A Danella on February 22, 2022. (MEB2)
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| Filing 34 NOTICE OF ASSIGNMENT OF CASE TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL: You must complete the attached form to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. (DNW) |
| Filing 33 Case transferred in from District of North Carolina Western; Case Number 1:21-cv-00171. Original file certified copy of transfer order and docket sheet received. |
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Filing 32
ORDER granting #14 Defendant ServisFirst's Motion to Change Venue/Transfer. This case shall be TRANSFERRED to the United States District Court for the Northern District of Alabama. Signed by Magistrate Judge David Keesler on 2/7/22. (mga) [Transferred from North Carolina Western on 2/22/2022.]
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| Filing 31 NOTICE of intent not to file reply to Plaintiffs' Motion by William Richard Boyd, Jr. (Gottschalk, Tikkun) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 30 RESPONSE in Opposition re #25 MOTION for Hearing or Status Conference on Plaintiff's Motion for Temporary Restraining Order by ServisFirst Bancshares, Inc.. Replies due by 10/7/2021 (Attachments: #1 Exhibit A. 9.20.21 Ch 13 Petition)(Dunlap, Jonathan) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 29 NOTICE of Appearance by Edward Louis Bleynat, Jr on behalf of All Plaintiffs (Bleynat, Edward) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 28 NOTICE of intent not to file reply to Motion to Dismiss by William Richard Boyd, Jr. (Gottschalk, Tikkun) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 27 RESPONSE in Opposition re #20 MOTION to Dismiss without prejudice by ServisFirst Bancshares, Inc.. Replies due by 9/28/2021 (Attachments: #1 Exhibit A. Report of Foreclosure Sale-Resale, #2 Exhibit B. Petition for Chapter 13 Bankruptcy)(Dunlap, Jonathan) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 26 REPLY to Response to Motion re #14 MOTION to Transfer by ServisFirst Bancshares, Inc.. (Dunlap, Jonathan) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 25 MOTION for Hearing Status Conference *on Plaintiff's Motion for Temporary Restraining Order by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc. Responses due by 9/30/2021 (Dearwester, Jane) Modified *text on 9/23/2021. NEF Regenerated (ejb). [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 24 REPLY to Response to Motion re #12 MOTION to Dismiss for Failure to State a Claim by ServisFirst Bancshares, Inc.. (Dunlap, Jonathan) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 23 RESPONSE in Opposition re #14 MOTION to Transfer by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. Replies due by 9/17/2021 (Dearwester, Jane) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 22 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. Replies due by 9/14/2021 (Dearwester, Jane) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 21 MEMORANDUM in Support re #20 MOTION to Dismiss without prejudice by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. (Dearwester, Jane) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 20 MOTION to Dismiss without prejudice by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. Responses due by 9/21/2021 (Dearwester, Jane) [Transferred from North Carolina Western on 2/22/2022.] |
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Filing 19
ORDER granting #18 Plaintiff's Motion for Extension of Time to File Response/Reply, #14 MOTION to Transfer. Responses due by 9/10/2021. Signed by Magistrate Judge David Keesler on 8/27/21. (mga) Modified text on 9/1/2021 (mga). [Transferred from North Carolina Western on 2/22/2022.]
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| Filing 18 MOTION for Extension of Time to File Response/Reply re: #14 MOTION to Transfer by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. Responses due by 9/10/2021 (Dearwester, Jane). Motions referred to David Keesler. [Transferred from North Carolina Western on 2/22/2022.] |
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Response/Reply re #12 MOTION to Dismiss for Failure to State a Claim . Responses due by 9/7/2021. Signed by Magistrate Judge David Keesler on 8/23/21. (mga) [Transferred from North Carolina Western on 2/22/2022.]
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| Filing 16 MOTION for Extension of Time to File Response/Reply re: #12 MOTION to Dismiss for Failure to State a Claim by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. Responses due by 9/7/2021 (Dearwester, Jane). Motions referred to David Keesler. [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 15 MEMORANDUM in Support re #14 MOTION to *Transfer by ServisFirst Bancshares, Inc.. (Attachments: #1 Exhibit A. Declaration of Henry Abbott, #2 Exhibit B. Ms. Schniper Pet. for Bankruptcy, #3 Exhibit C. Mr. Schniper Pet. for Bankruptcy, #4 Exhibit D. 2nd Mr. Schniper Pet. for Bankruptcy, #5 Exhibit E. Change in Terms Agreement, #6 Exhibit F. Business Loan Agreement, #7 Exhibit G. Commercial Security Agreement, #8 Exhibit H. Commercial Guaranty, #9 Exhibit I. Deed of Trust, #10 Exhibit J. Al Lawsuit, #11 Exhibit K. Al Lawsuit Counterclaims, #12 Exhibit L. Forbearance Agreement, #13 Exhibit M. Al Lawsuit Dismissal, #14 Exhibit N. Specialty Foods Pet. for Bankruptcy, #15 Exhibit O. Specialty Foods Consent Order, #16 Exhibit P. Ms. Schniper Order Modifying Stay, #17 Exhibit Q. Specialty Foods Sale Order, #18 Exhibit R. Ms. Schniper Sale Order, #19 Exhibit S. Specialty Foods Mot. to Enforce, #20 Exhibit T. Ms. Schniper Mot. to Enforce, #21 Exhibit U. Ms. Schniper Order Re Stay, #22 Exhibit V. Specialty Foods Order Re Stay, #23 Exhibit W. Ms. Schniper Dismissal, #24 Exhibit X. Mr. Schniper Order Graning Relief from Stay, #25 Exhibit Y. Mr. Schniper Dismissal, #26 Exhibit Z. 2nd Mr. Schniper Dismissal, #27 Exhibit AA. Notice of Hearing)(Dunlap, Jonathan) Modified *text on 8/13/2021 (ejb). [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 14 MOTION to *Transfer by ServisFirst Bancshares, Inc. Responses due by 8/27/2021 (Dunlap, Jonathan). Motions referred to David Keesler. Modified *text on 8/13/2021. NEF Regenerated (ejb). [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss for Failure to State a Claim by ServisFirst Bancshares, Inc.. (Attachments: #1 Exhibit A. Declaration of Henry Abbott, #2 Exhibit B. Ms. Schniper Pet. for Bankruptcy, #3 Exhibit C. Mr. Schniper Pet. for Bankruptcy, #4 Exhibit D. 2nd Mr. Schniper Pet. for Bankruptcy, #5 Exhibit E. Change in Terms Agreement, #6 Exhibit F. Business Loan Agreement, #7 Exhibit G. Commercial Security Agreement, #8 Exhibit H. Commercial Guaranty, #9 Exhibit I. Deed of Trust, #10 Exhibit J. Al Lawsuit, #11 Exhibit K. Al Lawsuit Counterclaims, #12 Exhibit L. Forbearance Agreement, #13 Exhibit M. Al Lawsuit Dismissal, #14 Exhibit N. Specialty Foods Pet. for Bankruptcy, #15 Exhibit O. Specialty Foods Consent Order, #16 Exhibit P. Ms. Schniper Order Modifying Stay, #17 Exhibit Q. Specialty Foods Sale Order, #18 Exhibit R. Ms. Schniper Sale Order, #19 Exhibit S. Specialty Foods Mot. to Enforce, #20 Exhibit T. Ms. Schniper Mot. to Enforce, #21 Exhibit U. Ms. Schniper Order Re Stay, #22 Exhibit V. Specialty Foods Order Re Stay, #23 Exhibit W. Ms. Schniper Dismissal, #24 Exhibit X. Mr. Schniper Order Graning Relief from Stay, #25 Exhibit Y. Mr. Schniper Dismissal, #26 Exhibit Z. 2nd Mr. Schniper Dismissal, #27 Exhibit AA. Notice of Hearing)(Dunlap, Jonathan) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by ServisFirst Bancshares, Inc.. Responses due by 8/23/2021 (Dunlap, Jonathan) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 11 Defendant Trustee's ANSWER to Complaint contained in #1 Notice of Removal,,,, by William Richard Boyd, Jr.(Gottschalk, Tikkun) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 10 NOTICE of Appearance by Jane Ann Dearwester on behalf of All Plaintiffs (Dearwester, Jane) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 9 NOTICE of Appearance by Esther Elizabeth Manheimer on behalf of ServisFirst Bancshares, Inc. (Manheimer, Esther) [Transferred from North Carolina Western on 2/22/2022.] |
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Filing 8
ORDER granting #6 Motion for Extension of Time to Answer Complaint contained in #1 Notice of Removal. William Richard Boyd, Jr answer due 8/9/2021; ServisFirst Bancshares, Inc. answer due 8/9/2021. Signed by Magistrate Judge David Keesler on 7/7/2021. (mek) [Transferred from North Carolina Western on 2/22/2022.]
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| Filing 7 NOTICE of Case Assignment Package by ServisFirst Bancshares, Inc. (Dunlap, Jonathan) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 6 Joint MOTION for Extension of Time to Answer to Otherwise Respond by ServisFirst Bancshares, Inc., William Richard Boyd, Jr. (Dunlap, Jonathan). Motions referred to David Keesler. Modified on 7/8/2021 to add an additional filer of this document (ejb). [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 5 NOTICE of Appearance by Tikkun A.S. Gottschalk on behalf of William Richard Boyd, Jr (Gottschalk, Tikkun) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 4 Document Deleted (incorrect .pdf). Attorney refiled corrected .pdf, see docket entry #5 . Modified on 7/8/2021. NEF Regenerated (ejb). [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 3 NOTICE of Appearance by Mark Alan Pinkston on behalf of ServisFirst Bancshares, Inc. (Pinkston, Mark) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 2 Corporate Disclosure Statement by ServisFirst Bancshares, Inc. (Dunlap, Jonathan) [Transferred from North Carolina Western on 2/22/2022.] |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of Avery County, case number 21 CVS 173. (Filing fee $ 402 receipt number 0419-5101777), filed by ServisFirst Bancshares, Inc. (Attachments: #1 Exhibit A. Summons and Complaint, #2 Exhibit B. Trustee Notice of Consent to Removal, #3 Exhibit C. Speciality Foods Bankruptcy Docket, #4 Exhibit D. Order Dismissing Case (Schniper 2nd Case), #5 Exhibit E. Order Conditionally Authorizing Use of Cash Collateral, #6 Exhibit F. Order Terminating Stay (Speciality Foods), #7 Exhibit G. Order Modifying Stay (Beasley-Schniper), #8 Exhibit H. Order Terminating Stay (Beasley-Schniper), #9 Exhibit I. Consent Order Granting Relief from Stay (Schniper), #10 Exhibit J. Sale Order (Speciality Foods), #11 Exhibit K. AL Lawsuit Counterclaims, #12 Exhibit L. AL Lawsuit Dismissal, #13 Exhibit M. Petition for Bankruptcy (Beasley-Schniper), #14 Exhibit N. Petition for Bankruptcy (Schniper), #15 Exhibit O. Notice of Filing Notice of Removal)(Dunlap, Jonathan) Modified on 7/2/2021 (hms). [Transferred from North Carolina Western on 2/22/2022.] |
| Case assigned to District Judge Max O. Cogburn, Jr. and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (hms) [Transferred from North Carolina Western on 2/22/2022.] |
| Set/Reset Deadlines: William Richard Boyd, Jr answer due 7/9/2021; ServisFirst Bancshares, Inc. answer due 7/9/2021. (hms) [Transferred from North Carolina Western on 2/22/2022.] |
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