Hancock Whitney Bank v. Mason et al
| Hancock Whitney Bank |
| Charlie Health Mason, Toni Scott Mason, Charlie Heath Mason, 7 General Contracting, Inc., Toni Scott Mason doing business as 7 General Contracting, Inc. and Charlie Heath Mason doing business as 7 General Contracting, Inc. |
| 1:2020cv00010 |
| January 7, 2020 |
| U.S. District Court for the Southern District of Alabama |
| William E Cassady |
| Kristi K DuBose |
| Negotiable Instrument |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 36
Order re: #35 Status Report filed by Hancock Whitney Bank. Parties are ORDERED to file on or before 8/16/2021, a Joint Status Report to inform the Court as to the status of the bankruptcy action as set out. Signed by Chief Judge Kristi K. DuBose on 05/07/2021. (srd)
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| Filing 35 STATUS REPORT - Joint Status Report by Hancock Whitney Bank. (Hartley, Jeffery) |
| REFERRAL OF #35 Status Report to Judge DuBose. (srd) |
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Filing 34
Order DIRECTING parties to file a Joint Status Report on or before 5/14/2021 as set out. Signed by Chief Judge Kristi K. DuBose on 04/30/2021. (srd)
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Filing 33
Order DIRECTING parties to file a Joint Status Report on or before 4/19/2021 as set out. Signed by Chief Judge Kristi K. DuBose on 01/19/2021. (srd)
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| Filing 32 STATUS REPORT by Hancock Whitney Bank. (Mahoney, Philip) |
| REFERRAL OF #32 Status Report to Judge DuBose. (srd) |
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Filing 31
Order re: #30 Status Report filed by Hancock Whitney Bank. Parties are DIRECTED to file a Joint Status Report on or before 1/13/2021 that complies with this Court's Order as set out. Signed by Chief Judge Kristi K. DuBose on 12/29/2020. (srd)
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| Filing 30 STATUS REPORT by Hancock Whitney Bank. (Mahoney, Philip) |
| REFERRAL OF #30 Status Report to Judge DuBose. (srd) |
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Filing 29
Order DIRECTING parties to file a Joint Status Report on or before 12/11/2020 as set out. Signed by Chief Judge Kristi K. DuBose on 11/24/2020. (srd)
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| REFERRAL OF #28 Suggestion of Bankruptcy to Judge DuBose. (srd) |
| Filing 28 SUGGESTION OF BANKRUPTCY Upon the Record by Hancock Whitney Bank. (Mahoney, Philip) |
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Filing 27
Order re: #26 Notice of Appearance and Suggestion of Bankruptcy. This action is STAYED as to Toni Scott Mason and Charlie Heath Mason. Joint Status Report due by 11/20/2020. Signed by Chief Judge Kristi K. DuBose on 8/19/2020. (tgw)
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| Filing 26 NOTICE of Appearance and Suggestion of Bankruptcy by Alexandra Katsimpalis Garrett on behalf of Charlie Heath Mason, Toni Scott Mason (Garrett, Alexandra) Modified on 8/12/2020 (srd). |
| REFERRAL OF #26 Notice of Appearance and Suggestion of Bankruptcy to Judge DuBose. (srd) |
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Filing 25
ORDER granting #24 Motion for Charging Order. Charging Order entered, as set out. Signed by Chief Judge Kristi K. DuBose on 7/28/2020. (tgw)
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| Filing 24 Motion for Charging Order filed by Hancock Whitney Bank. (Attachments: #1 Text of Proposed Order) (Mahoney, Philip) |
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Filing 23
Order re: #7 Suggestion of Bankruptcy filed by Hancock Whitney Bank. Plaintiff is ORDERED to notify the Court in writing within seven (7) calendar days of either the issuance of relief from the automatic stay or the dismissal or other cessation of the bankruptcy proceedings. To keep the Court apprised as to the bankruptcy proceedings, the Plaintiff is further ORDERED to file a written report reflecting the status of his bankruptcy case every 90 days, with the first such report due on October 1, 2020. (Status Report due by 10/1/2020.). Signed by Magistrate Judge William E. Cassady on 6/25/2020. (eec)
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| MOTIONS REFERRED: #24 Motion for Charging Order to Judge DuBose (tgw) |
| Filing 22 JUDGMENT in favor of Plaintiff Hancock Whitney Bank and against Defendants Charlie Heath Mason and Toni Scott Mason, jointly and severally, as set out. Signed by Chief Judge Kristi K. DuBose on 06/23/2020. (Copy mailed to Charles Mason and Toni Mason at address provided in doc. 16) (nah) (Main Document 22 replaced on 6/23/2020) (nah). |
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Filing 21
ORDER ADOPTING #20 REPORT AND RECOMMENDATIONS as the opinion of this Court, with modifications as set out in Order. Signed by Chief Judge Kristi K. DuBose on 06/23/2020. (Copy mailed to Charles Mason and Toni Mason at address provided in doc. 16) (nah)
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| REFERRAL OF #20 REPORT AND RECOMMENDATIONS to Judge DuBose. (nah) |
| Filing 20 REPORT AND RECOMMENDATIONS re #11 MOTION for Default Judgment and #16 Amended MOTION for Default Judgment as to Defendants, Charlie Heath Mason and Toni Scott Mason filed by Hancock Whitney Bank. It is recommended Plaintiff's Motion for Default Judgment, as amended, be GRANTED as to Count One for general damages, pre-judgment interest, post-judgment interest, and attorneys' fees and expenses. A default judgment should be ENTERED in favor of Plaintiff Hancock Whitney Bank and against Defendants Charles Heath Mason and Toni Scott Mason as set out. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge William E. Cassady on 05/26/2020. (Copy mailed to Charles Mason and Toni Mason at address provided in doc. 16) (nah) |
| Filing 19 Document endorsed NOTED by Chief Judge Kristi K. DuBose: Corporate Disclosure Statement #4 filed by Hancock Whitney Bank. Review of the corporate disclosure statement pursuant to S.D. Ala. Civ. L.R. 7.1 has been completed. The review did not reveal any reason to believe that there are potential conflicts of interest, which would require disqualification or recusal in this action. (khc) |
| MOTIONS REFERRED: #16 Amended MOTION for Default Judgment as to Defendants, Charlie Heath Mason and Toni Scott Mason, REFERRAL OF #17 Affidavit to Judge DuBose. (nah) |
| Filing 18 This action has been transferred from the docket of Magistrate Judge William E. Cassady and is now assigned to the docket of Chief Judge Kristi K. DuBose and. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix KD-C after the case number on all future pleadings. (eec) |
| Filing 17 AFFIDAVIT re #16 Amended MOTION for Default Judgment as to Defendants, Charlie Heath Mason and Toni Scott Mason by Hancock Whitney Bank. (Attachments: #1 Exhibit) (Hartley, Jeffery) |
| Filing 16 Amended MOTION for Default Judgment as to Defendants, Charlie Heath Mason and Toni Scott Mason filed by Hancock Whitney Bank. (Attachments: #1 Exhibit, #2 Exhibit) (Mahoney, Philip) |
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Filing 15
Order re: #11 MOTION for Default Judgment as to Defendants Charlie Heath Mason and Toni Scott Mason filed by Hancock Whitney Bank. Plaintiff is ordered, on or before May 15, 2020, to file an amended motion for entry of default judgment that supplements its evidentiary showing of damages with appropriate backup documentation establishing how the amounts due and owing under the promissory notes and guarantees were calculated. ( Amended Motions due by 5/15/2020.). Signed by Magistrate Judge William E. Cassady on 4/15/2020. (eec)
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| Filing 14 AFFIDAVIT re #13 Order,, Set Deadlines, by Hancock Whitney Bank. (Mahoney, Philip) |
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Filing 13
Order re: #11 MOTION for Default Judgment as to Defendants Charlie Heath Mason and Toni Scott Mason filed by Hancock Whitney Bank, ( Miscellaneous deadline set for 4/9/2020.). Signed by Magistrate Judge William E. Cassady on 3/26/2020. (eec)
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Filing 12
ENDORSED ORDER taking under advisement #11 Motion for Default Judgment. No later than March 4, 2020, Plaintiff is to advise the undersigned as to whether or not a hearing is required before entry of judgment and if an independent assessment by outside counsel as to the reasonableness of attorneys fees is necessary. Plaintiff shall also email to william_cassady@alsd.uscourts.gov a proposed Memorandum Opinion and Order and Judgment that are considered appropriate in this case. These documents are to be in Word format and contain sufficient findings of facts and conclusions of law that will be necessary to survive an appeal of the proposed decision. Signed by Magistrate Judge William E. Cassady on 2/19/20. (Cassady, William)
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| Filing 11 MOTION for Default Judgment as to Defendants Charlie Heath Mason and Toni Scott Mason filed by Hancock Whitney Bank. (Attachments: #1 Exhibit, #2 Exhibit, #3 Affidavit) (Hartley, Jeffery) |
| Filing 10 Clerk's ENTRY OF DEFAULT as to Charlie Heath Mason, Toni Scott Mason (eec) |
| Filing 9 Application to Clerk for Entry of Default against Charlie Heath Mason, Toni Scott Mason . (Hartley, Jeffery) |
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Filing 8
Order re: #7 Suggestion of Bankruptcy filed by Hancock Whitney Bank. This action against 7 General Contracting, Inc., is STAYED pending further order of the Court. The claims against Defendants Charles Heath Mason and Toni Scott Mason are not stayed by this Order and shall proceed. Signed by Magistrate Judge William E. Cassady on 1/2/2020. (eec)
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| Filing 7 SUGGESTION OF BANKRUPTCY Upon the Record as to 7 General Contracting, Inc. - Suggestion of Bankruptcy and Limited Motion to Stay Proceedings by Hancock Whitney Bank. (Hartley, Jeffery) |
| Filing 6 SUMMONS Returned Executed by Hancock Whitney Bank. All Defendants (Mahoney, Philip) |
| Filing 5 Document endorsed NOTED by Magistrate Judge William E. Cassady: Corporate Disclosure Statement,,,,,,, #4 filed by Hancock Whitney Bank (Cassady, William) |
| Filing 4 Corporate Disclosure Statement filed by Plaintiffs Hancock Whitney Bank, Hancock Whitney Corporation, Hancock Bank Securities Corporation II, Avoca Incorporated, Berwick, LLC, Hancock Insurance Agency, HMC, LLC, Whitney Coon Bayou Investor, LLC, Hancock Whitney Equipment Finance, LLC, Hancock Whitney Finance and Leasing, LLC, Whitney New Markets Investor, LLC, Hancock New Markets Investor, LLC (Various), Hancock Whitney New Markets Investor, LLC, Hancock Whitney New Markets Fund, LLC, Hancock Whitney New Markets CDE, LLC, AL-FS, LLC, FS Properties of LA, LLC, HBLA Properties, LLC, HBRE Management, LLC, LA-FS Properties, LLC, MS-FS, LLC, MS-SA, LLC, Properties of TX-FS, LLC, SA-FL, LLC, SA-FL Legacy, LLC, TSPFL Holding, LLC, Terre Aux Boeufs Land Co., Inc. identifying Corporate Parent Hancock Whitney Corporation, Other Affiliate Avoca Incorporated, Other Affiliate Hancock Bank Securities Corporation II, Other Affiliate Berwick, LLC, Other Affiliate Hancock Insurance Agency, Other Affiliate HMC, LLC, Other Affiliate Whitney Coon Bayou Investor, LLC, Other Affiliate Hancock Whitney Equipment Finance, LLC, Other Affiliate Hancock Whitney Finance and Leasing, LLC, Other Affiliate Whitney New Markets Investor, LLC, Other Affiliate Hancock New Markets Investor, LLC (Various), Other Affiliate Hancock Whitney New Markets Investor, LLC, Other Affiliate Hancock Whitney New Markets Fund, LLC, Other Affiliate Hancock Whitney New Markets CDE, LLC, Other Affiliate AL-FS, LLC, Other Affiliate FS Properties of LA, LLC, Other Affiliate HBLA Properties, LLC, Other Affiliate HBRE Management, LLC, Other Affiliate LA-FS Properties, LLC, Other Affiliate MS-FS, LLC, Other Affiliate MS-SA, LLC, Other Affiliate Properties of TX-FS, LLC, Other Affiliate SA-FL, LLC, Other Affiliate SA-FL Legacy, LLC, Other Affiliate TSPFL Holding, LLC, Other Affiliate Terre Aux Boeufs Land Co., Inc. for Hancock Whitney Bank.. (Mahoney, Philip) |
| Filing 3 Summons Issued as to 7 General Contracting, Inc., Charlie Heath Mason, Toni Scott Mason. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (eec) |
| Filing 2 Notice of Assignment to Magistrate Judge William E. Cassady for trial. (eec) |
| Filing 1 COMPLAINT against Hancock Whitney Bank ( Filing fee $400 receipt number AALSDC-2544284, Online Credit Card Payment), filed by Hancock Whitney Bank. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Mahoney, Philip) (Additional attachment(s) added on 2/4/2020: #8 Civil Cover Sheet) (eec). |
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