Vision Bank v. Herbert

Vision Bank v. Herbert

Plaintiff:	Vision Bank and SE Property Holdings, LLC
Defendant:	Jule R. Herbert, Jr.
Case Number:	1:2011cv00089
Filed:	February 18, 2011
Court:	US District Court for the Southern District of Alabama
Office:	Mobile Office
County:	Baldwin
Presiding Judge:	Callie V S Granade
Referring Judge:	Bert W Milling
Nature of Suit:	Real Property: Foreclosure
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on September 13, 2016. A more recent docket listing may be available from PACER.

Date Filed	Document Text
September 13, 2016	Filing 71 Notice of Filing Third Amended Notice of Post-Judgment Deposition Duces Tecum filed by SE Property Holdings, LLC. (Fontenot, Gilbert)
August 24, 2016	Filing 70 Notice of Filing Second Notice of Post-Judgment Deposition Duces Tecum filed by SE Property Holdings, LLC. (Fontenot, Gilbert)
July 30, 2014	Filing 69 Order VACATING #58 Conditional Judgments against Brett Real Estate, VACATING #59 Conditional Judgments against Brett/Robinson Gulf Corporation, VACATING #60 Conditional Judgments against Phoenix West II, LLC, VACATING #61 Conditional Judgments against Robinson Development Co., Inc. and said garnishees are DISCHARGED from the writs of garnishment. Signed by Judge Callie V. S. Granade on 7/30/2014. copies to parties. (sdb)
July 25, 2014	Filing 68 RESPONSE TO ORDER TO SHOW CAUSE re: #67 Order to Show Cause filed by SE Property Holdings, LLC. (Fontenot, Gilbert)
July 17, 2014	Filing 67 ORDER TO SHOW CAUSE. Plaintiff is ORDERED to show cause why the Conditional Judgments (Docs. 58-61) should not be vacated and the garnishees discharged by 7/24/2014. Signed by Judge Callie V. S. Granade on 7/17/2014. copies to parties. (sdb)
July 10, 2014	Filing 66 USM-285 RETURN OF SERVICE of Conditional Judgment Against Garnishee served 7/7/14 as to Brett/Robinson Gulf Corporation, Phoenix West II, LLC, Robinson Development Co., Inc., and Brett Real Estate. (sdb)
July 7, 2014	Filing 65 ANSWER to Writ of Garnishment by Phoenix West II, LLC. (mab)
July 7, 2014	Filing 64 ANSWER to Writ of Garnishment by Brett/Robinson Gulf Corporation. (mab)
July 7, 2014	Filing 63 ANSWER to Writ of Garnishment by Robinson Development Co., Inc. (mab)
July 7, 2014	Filing 62 ANSWER to Writ of Garnishment by Brett Real Estate. (mab)
July 2, 2014	Filing 61 CONDITIONAL JUDGMENT AGAINST GARNISHEE AND NOTICE TO GARNISHEE, entering conditional judgment against garnishee, Robinson Development Co., Inc., in the sum of $1,584,838.02, unless within 30 days of service of process, Robinson Development Co., Inc. appears and shows cause why this conditional judgment should not be made final and absolute; and directing the U.S. Marshal to serve the conditional judgment and notice on garnishee, and make proper return to this court. Signed by Judge Callie V. S. Granade on 7/2/2014. (mab) (mab) (Additional attachment(s) added on 7/2/2014: #1 USM Receipt) (mab). VACATED per #69 Order (sdb).
July 2, 2014	Filing 60 CONDITIONAL JUDGMENT AGAINST GARNISHEE AND NOTICE TO GARNISHEE, entering conditional judgment against garnishee, Phoenix West II, LLC, in the sum of $1,584,838.02, unless within 30 days of service of process, Phoenix West II, LLC appears and shows cause why this conditional judgment should not be made final and absolute; and directing the U.S. Marshal to serve the conditional judgment and notice on garnishee, and make proper return to this court. Signed by Judge Callie V. S. Granade on 7/2/2014. (mab) (mab) (Additional attachment(s) added on 7/2/2014: #1 USM Receipt) (mab). VACATED per #69 Order (sdb).
July 2, 2014	Filing 59 CONDITIONAL JUDGMENT AGAINST GARNISHEE AND NOTICE TO GARNISHEE, entering conditional judgment against garnishee, Brett/Robinson Gulf Corporation, in the sum of $1,584,838.02, unless within 30 days of service of process, Brett/Robinson Gulf Corporation appears and shows cause why this conditional judgment should not be made final and absolute; and directing the U.S. Marshal to serve the conditional judgment and notice on garnishee, and make proper return to this court. Signed by Judge Callie V. S. Granade on 7/2/2014. (mab) (Additional attachment(s) added on 7/2/2014: #1 USM Receipt) (mab). VACATED per #69 Order (sdb).
July 2, 2014	Filing 58 CONDITIONAL JUDGMENT AGAINST GARNISHEE AND NOTICE TO GARNISHEE, entering conditional judgment against garnishee, Brett Real Estate, in the sum of $1,584,838.02, unless within 30 days of service of process, Brett Real Estate appears and shows cause why this conditional judgment should not be made final and absolute; and directing the U.S. Marshal to serve the conditional judgment and notice on garnishee, and make proper return to this court. Signed by Judge Callie V. S. Granade on 7/2/2014. (mab) (Additional attachment(s) added on 7/2/2014: #1 USM Receipt) (mab). VACATED per #69 Order (sdb).
July 2, 2014	Filing 57 ENDORSED ORDER, GRANTING #56 Motion for Reconsideration of Order of July 1, 2014 (Doc. #55 ). The writs of garnishment (Docs. 41 , 43 , 45 & 47 ) are reinstated, and the motions for conditional judgments (Docs. #51 , #52 , #53 , & #54 ) are GRANTED. Conditional judgments will be entered separately. Signed by Judge Callie V. S. Granade on 7/2/2014. (mab)
July 1, 2014	Filing 56 MOTION for Reconsideration of Order of July 1, 2014 (Doc. #55 ) by SE Property Holdings, LLC filed by SE Property Holdings, LLC. (Attachments: #1 Exhibit A) (Fontenot, Gilbert) Modified on 7/2/2014 (mab).
July 1, 2014	Filing 55 ORDER DENYING #51 , #52 , #53 , #54 Motions for Conditional Judgment Against Garnishees as set out. Writs of Garnishment (Docs. 41, 43, 45, 47) issued on 4/24/14 are VACATED. Signed by Judge Callie V. S. Granade on 7/1/2014. (copies mailed to Garnishees on 7/1/14) (tot)
June 27, 2014	Filing 54 MOTION Motion For Conditional Judgment Against Garnishee re #49 Writ of Garnishment Returned Executed by SE Property Holdings, LLC. (Fontenot, Gilbert)
June 27, 2014	Filing 53 MOTION Motion For Conditional Judgment Against Garnishee re #49 Writ of Garnishment Returned Executed by SE Property Holdings, LLC. (Fontenot, Gilbert)
June 27, 2014	Filing 52 MOTION Motion For Conditional Judgment Against Garnishee re #49 Writ of Garnishment Returned Executed by SE Property Holdings, LLC. (Fontenot, Gilbert)
June 27, 2014	Filing 51 MOTION Motion For Conditional Judgment Against Garnishee re #49 Writ of Garnishment Returned Executed by SE Property Holdings, LLC. (Fontenot, Gilbert)
May 9, 2014	Filing 50 USM-285 Writ of Garnishment Returned Executed on 5/6/14 as to Julie R. Herbert, Jr. (sdb)
May 1, 2014	Filing 49 USM-285 Writ of Garnishment(s) Returned Executed on 4/29/14 as to Robinson Development Co., Inc., Brett/Robinson Gulf Corporation, Brett Real Estate, and Phoenix West II, LLC. (sdb)
April 23, 2014	Filing 36 Order DENYING WITHOUT PREJUDICE 33 Sealed Document(s),, filed by SE Property Holdings, LLC, 35 Sealed Document(s),, filed by SE Property Holdings, LLC, 34 Sealed Document(s),, filed by SE Property Holdings, LLC, 32 Sealed Document(s),, filed by SE Property Holdings, LLC,. Signed by Judge Callie V. S. Granade on 4/23/2014. (adk)
April 5, 2012	Filing 29 CHARGING ORDER Against Jule R. Herbert, Jr., granting #26 Application For Charging Order Against Jule R. Herbert, Jr.'s Interest in LLCs, it is ORDERED that the individual financial interests of JULE R. HERBERT, JR., in Algernon II Land Company, LLC, and Algernon Land Company, LLC (the Limited Liability Companies), be charged with payment of the Final Judgment rendered in favor of Plaintiff Vision Bank as set out in order. Signed by Judge Callie V. S. Granade on 4/5/2012. (mab)
March 7, 2012	Filing 28 ENDORSED ORDER granting #27 Motion to Substitute Party. SE Property Holdings, LLC added as party plaintiff. Vision Bank terminated. Signed by Judge Callie V. S. Granade on 3/7/2012. (mab)
March 6, 2012	Filing 27 MOTION to Substitute Party by Vision Bank. (Attachments: #1 Exhibit) (Fontenot, Gilbert)
February 6, 2012	Filing 26 Application For Charging Order Against Jule R. Herbert, Jr.'s Interest in LLCs by Vision Bank. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Fontenot, Gilbert)
October 12, 2011	Filing 25 TWO CERTIFICATES of Judgment for registration in Probate Court issued to Plaintiff (mab)
October 11, 2011	Filing 24 CONSENT JUDGMENT in favor of Vision Bank against Jule R. Herbert, Jr. in the amount of $1,580,482.62, with each party to bear its own costs. Signed by Judge Callie V. S. Granade on 10/11/2011. (mab)
October 7, 2011	Filing 23 STIPULATION Joint Stipulation for Consent Judgment by Vision Bank. (Swink, Ashley)
October 7, 2011	Filing 22 NOTICE by Vision Bank Notice of Service (Swink, Ashley)
September 14, 2011	Filing 21 Notice of Filing Notice of Deposition of Jule R. Herbert, Jr. filed by Vision Bank. (Graham, Allen)
September 1, 2011	Filing 20 NOTICE by Vision Bank of Disclosure of Expert, Andrew D. Watson (Attachments: #1 Exhibit) (Graham, Allen)
September 1, 2011	Filing 19 NOTICE by Vision Bank of Disclosure of Expert, Edward M. Bufkin (Attachments: #1 Exhibit) (Graham, Allen)
May 31, 2011	Filing 18 ANSWER to #15 Amended Complaint by Jule R. Herbert, Jr. (Herbert, Jule)
May 23, 2011	Filing 17 Notice of Filing Initial Disclosures filed by Jule R. Herbert, Jr. (Herbert, Jule)
May 23, 2011	Filing 16 Notice of Filing Initial Disclosures filed by Vision Bank. (Swink, Ashley)
May 19, 2011	Answer to #15 Amended Complaint due from Jule R. Herbert, Jr on 5/31/2011 - See Doc. #14 . (tot)
May 19, 2011	Filing 15 AMENDED COMPLAINT against Jule R. Herbert, Jr, filed by Vision Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Swink, Ashley)
May 5, 2011	Filing 14 Order, granting plaintiff's #12 MOTION for Leave to Amend Complaint if no objections are filed by May 12, 2011. If no objections are filed, plaintiff's amended complaint to be e-file by 5/16/11, and defendant's answer due by 5/31/11. Signed by Judge Callie V. S. Granade on 5/5/2011. (mab)
May 2, 2011	Filing 13 RULE 16(b) SCHEDULING ORDER: Pretrial Conference set for 5/7/2012 at 9:00 AM in US Courthouse, Judge's Chambers, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. Motion to amend pleadings due by 7/1/2011. Discovery cutoff 11/11/2011. Dispositive Motions due by 12/2/2011. Bench Trial set for the June 2012 trial term before Judge Callie V. S. Granade. ETt 2 days. Joint Position Regarding Settlement due by 11/11/2011. Signed by Magistrate Judge Bert W. Milling, Jr. on 5/2/2011. (Attachments: #(1) Judge Granade Standing Pretrial Order) (mab)
May 2, 2011	Filing 12 MOTION to Amend Complaint Pursuant to Rule 15(A), FRCP, by Vision Bank. (Attachments: #1 Exhibit A: Amended Complaint) (Swink, Ashley)
May 2, 2011	Filing 11 REPORT of Rule 26(f) Planning Meeting. (Swink, Ashley)
March 18, 2011	Filing 10 PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 5/2/2011.Signed by Magistrate Judge Bert W. Milling, Jr on 3/18/2011. (Attachment: #1 consent form) (mab)
March 17, 2011	Filing 9 ANSWER to #1 Complaint, by Jule R. Herbert, Jr. (Herbert, Jule)
March 4, 2011	Filing 8 SUMMONS Returned Executed by Vision Bank. Jule R. Herbert, Jr served on 3/1/2011, answer due 3/22/2011. (Swink, Ashley)
February 23, 2011	Filing 7 Document endorsed NOTED by Judge Callie V. S. Granade: Corporate Disclosure Statement #5 filed by Vision Bank (jts)
February 23, 2011	Filing 6 Document endorsed NOTED by Magistrate Judge Bert W. Milling, Jr: Corporate Disclosure Statement #5 filed by Vision Bank (Milling, Bert)
February 23, 2011	Filing 5 Corporate Disclosure Statement filed by Plaintiff Vision Bank. (Swink, Ashley)
February 18, 2011	Filing 4 Service Notice issued 2/18/2011. Plaintiff to notify the Court of the action taken to effect service and the results thereof by 4/4/2011 pursuant to Local Rule 4.1(c). (mab)
February 18, 2011	Filing 3 Summons Issued as to Jule R. Herbert, Jr. (Note to Counsel: The Summons has been issued. Please print copies necessary for service.) (mab)
February 18, 2011	Filing 2 NOTICE of Filing Proposed Summons by Vision Bank (Swink, Ashley)
February 18, 2011	Filing 1 COMPLAINT against Jule R. Herbert, Jr ( Filing fee $350 receipt number 1128-1054071, Online Credit Card Payment), filed by Vision Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Swink, Ashley) (Additional attachment(s) added on 2/18/2011: #6 Cover Sheet) (mab).

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Plaintiff: Vision Bank
Represented By:	Jordan W Gerheim
Represented By:	Gilbert L. Fontenot
Represented By:	Ashley Swink Fincher
Represented By:	Allen E. Graham
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Plaintiff: SE Property Holdings, LLC
Represented By:	Gilbert L. Fontenot
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Defendant: Jule R. Herbert, Jr.
Represented By:	Jule R. Herbert, Jr.
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