F. Bauer, et al v. FDIC, et al
Defendant / Appellee: Capital Bank, N.A., First Horizon National Corporation, Southern Community Financial, LLC, First Tennessee Bank National Association, Southern Community Bank And Trust, Capital Bank Corporation, Winston 23 Corporation, Capital Bank Financial Corporation and Southern Community Financial Corporation
Plaintiff / Appellee: F. Scott Bauer and Jeffrey T. Clark
Defendant / Appellant: Federal Deposit Insurance Corporation
Case Number: 20-5314
Filed: October 21, 2020
Court: U.S. Court of Appeals, D.C. Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
July 5, 2022 Summary Bauer v. Federal Deposit Insurance Corp.

Docket Report

This docket was last retrieved on December 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2020 CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMITS [1876171] for motion to remand case [ # 1876076-2 ], response [ # 1876076-3 ] filed by F. Scott Bauer and Jeffrey T. Clark in 20-5314, 20-5315, 20-5322. [20-5314, 20-5315, 20-5322] (Graebe, Christopher) [Entered: 12/17/2020 01:20 PM]
December 16, 2020 RESPONSE IN SUPPORT [1876076] to motion [ # 1874675-2 ] combined with a MOTION to remand case filed by F. Scott Bauer and Jeffrey T. Clark in 20-5314, 20-5315, 20-5322 [Service Date: 12/16/2020 by CM/ECF NDA] Length Certification: 3,243 words. [20-5314, 20-5315, 20-5322] (Graebe, Christopher) [Entered: 12/16/2020 06:12 PM]
December 7, 2020 MOTION [1874675] for summary reversal (Response to Motion served by mail due on 12/17/2020) filed by Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC, Winston 23 Corporation and FDIC in 20-5314, 20-5315, Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., FDIC, First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5322 (Service Date: 12/07/2020 by CM/ECF NDA) Length Certification: 4,736 words. [20-5314, 20-5315, 20-5322] (Stevens, Duncan) [Entered: 12/07/2020 03:08 PM]
November 20, 2020 JOINT STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1872545] filed by F. Scott Bauer, Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., Jeffrey T. Clark, First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC, Winston 23 Corporation and FDIC in 20-5314, F. Scott Bauer, Jeffrey T. Clark, FDIC and Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5315, F. Scott Bauer, Jeffrey T. Clark and Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., FDIC, First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5322 [Service Date: 11/20/2020 ] Intent: AppxDeferred [20-5314, 20-5315, 20-5322] (Stevens, Duncan) [Entered: 11/20/2020 03:46 PM]
November 20, 2020 UNDERLYING DECISION IN CASE [1872543] submitted by F. Scott Bauer, Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., Jeffrey T. Clark, First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC, Winston 23 Corporation and FDIC in 20-5314, F. Scott Bauer, Jeffrey T. Clark, FDIC and Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5315, F. Scott Bauer, Jeffrey T. Clark and Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., FDIC, First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5322 [Service Date: 11/20/2020 ] [20-5314, 20-5315, 20-5322] (Stevens, Duncan) [Entered: 11/20/2020 03:41 PM]
November 20, 2020 CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1872539] filed by F. Scott Bauer, Jeffrey T. Clark and FDIC in 20-5314, 20-5315, 20-5322 [Service Date: 11/20/2020 ] [20-5314, 20-5315, 20-5322] (Stevens, Duncan) [Entered: 11/20/2020 03:36 PM]
November 20, 2020 ENTRY OF APPEARANCE [1872565] filed by Paul K. Sun, Jr. and co-counsel Curtis J. Shipley, Kelly Margolis Dagger on behalf of Appellees Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5314, Appellants Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5315, 20-5322. [20-5314, 20-5315, 20-5322] (Dagger, Kelly) [Entered: 11/20/2020 04:26 PM]
November 20, 2020 CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1872573] filed by Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5314, 20-5315, 20-5322 [Service Date: 11/20/2020 ] [20-5314, 20-5315, 20-5322] (Sun, Paul) [Entered: 11/20/2020 04:42 PM]
November 20, 2020 STATEMENT OF ISSUES [1872574] filed by Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5314, 20-5315, 20-5322 [Service Date: 11/20/2020 ] [20-5314, 20-5315, 20-5322] (Sun, Paul) [Entered: 11/20/2020 04:44 PM]
November 20, 2020 TRANSCRIPT STATUS REPORT [1872537] filed by FDIC in 20-5314 [Service Date: 11/20/2020 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [20-5314, 20-5315, 20-5322] (Stevens, Duncan) [Entered: 11/20/2020 03:32 PM]
November 20, 2020 TRANSCRIPT STATUS REPORT [1872571] filed by Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5315 [Service Date: 11/20/2020 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [20-5314, 20-5315, 20-5322] (Sun, Paul) [Entered: 11/20/2020 04:41 PM]
November 20, 2020 DOCKETING STATEMENT [1872569] filed by Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial, LLC, Winston 23 Corporation and Southern Community Financial Corporation in 20-5314, Capital Bank Corporation, Capital Bank Financial Corporation, Capital Bank, N.A., First Horizon National Corporation, First Tennessee Bank National Association, Southern Community Bank And Trust, Southern Community Financial Corporation, Southern Community Financial, LLC and Winston 23 Corporation in 20-5315, 20-5322 [Service Date: 11/20/2020 ] [20-5314, 20-5315, 20-5322] (Sun, Paul) [Entered: 11/20/2020 04:37 PM]
November 20, 2020 DOCKETING STATEMENT [1872534] filed by FDIC in 20-5314, 20-5315, 20-5322 [Service Date: 11/20/2020 ] [20-5314, 20-5315, 20-5322] (Stevens, Duncan) [Entered: 11/20/2020 03:30 PM]
November 20, 2020 DOCKETING STATEMENT [1872485] filed by F. Scott Bauer and Jeffrey T. Clark in 20-5322, 20-5314, 20-5315 [Service Date: 11/20/2020 ] [20-5322, 20-5314, 20-5315] (Graebe, Christopher) [Entered: 11/20/2020 02:31 PM]
November 20, 2020 TRANSCRIPT STATUS REPORT [1872491] filed by F. Scott Bauer and Jeffrey T. Clark in 20-5322 [Service Date: 11/20/2020 ]. Status of Transcripts: Final - No transcripts are needed for the appeal. [20-5322, 20-5314, 20-5315] (Graebe, Christopher) [Entered: 11/20/2020 02:37 PM]
November 20, 2020 ENTRY OF APPEARANCE [1872481] filed by Christopher T. Graebe on behalf of Appellants F. Scott Bauer and Jeffrey T. Clark in 20-5322, Appellees F. Scott Bauer and Jeffrey T. Clark in 20-5314, 20-5315. [20-5322, 20-5314, 20-5315] (Graebe, Christopher) [Entered: 11/20/2020 02:24 PM]
November 20, 2020 STATEMENT OF ISSUES [1872533] filed by FDIC in 20-5314, 20-5315, 20-5322 [Service Date: 11/20/2020 ] [20-5314, 20-5315, 20-5322] (Stevens, Duncan) [Entered: 11/20/2020 03:29 PM]
November 20, 2020 STATEMENT OF ISSUES [1872493] filed by F. Scott Bauer and Jeffrey T. Clark in 20-5322, 20-5314, 20-5315 [Service Date: 11/20/2020 ] [20-5322, 20-5314, 20-5315] (Graebe, Christopher) [Entered: 11/20/2020 02:39 PM]
October 29, 2020 CLERK'S ORDER [1868853] filed consolidating cases 20-5322 (Cross-appeal started 10/29/2020) with 20-5314. Directing party to file in 20-5322 initial submissions: APPELLANT docketing statement due 11/30/2020. APPELLANT statement of issues due 11/30/2020 .[20-5314, 20-5315, 20-5322] [Entered: 10/29/2020 11:59 AM]
October 22, 2020 ENTRY OF APPEARANCE [1867750] filed by Duncan N Stevens and co-counsel J. Scott Watson on behalf of Appellant FDIC in 20-5314. [20-5314, 20-5315] (Stevens, Duncan) [Entered: 10/22/2020 03:03 PM]
October 21, 2020 NOTICE OF APPEAL [1867487] seeking review of a decision by the U.S. District Court in 1:18-cv-03047-RJL filed by FDIC. Appeal assigned USCA Case Number: 20-5314. [20-5314] [Entered: 10/21/2020 12:59 PM]
October 21, 2020 CLERK'S ORDER [1867500] filed consolidating cases 20-5315 (Consolidation started 10/21/2020) with 20-5314; Directing party to file initial submissions: APPELLANT docketing statement due 11/20/2020. APPELLANT certificate as to parties due 11/20/2020. APPELLANT statement of issues due 11/20/2020. APPELLANT underlying decision due 11/20/2020. APPELLANT deferred appendix statement due 11/20/2020. APPELLANT entry of appearance due 11/20/2020. APPELLANT transcript status report due 11/20/2020. APPELLANT procedural motions due 11/20/2020. APPELLANT dispositive motions due 12/07/2020. Directing party to file initial submissions: APPELLEE certificate as to parties due 11/20/2020. APPELLEE entry of appearance due 11/20/2020. APPELLEE procedural motions due 11/20/2020. APPELLEE dispositive motions due 12/07/2020. [20-5314, 20-5315] [Entered: 10/21/2020 01:27 PM]
October 21, 2020 LETTER [1867505] sent regarding attorney membership to Erik Bond, Kelly Margolis Dagger and Christopher T. Graebe. Application for Admission due 11/20/2020. [20-5314, 20-5315] [Entered: 10/21/2020 01:32 PM]
October 21, 2020 US CIVIL CASE docketed. [20-5314] [Entered: 10/21/2020 12:58 PM]

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Defendant / appellee: Capital Bank, N.A.
Represented By: Kelly Margolis Dagger
Represented By: Kelly Dagger
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Defendant / appellee: First Horizon National Corporation
Represented By: Kelly Margolis Dagger
Represented By: Kelly Dagger
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Defendant / appellee: Southern Community Financial, LLC
Represented By: Kelly Margolis Dagger
Represented By: Kelly Dagger
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Defendant / appellee: First Tennessee Bank National Association
Represented By: Kelly Margolis Dagger
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Defendant / appellee: Southern Community Bank And Trust
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Defendant / appellee: Capital Bank Corporation
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Defendant / appellee: Winston 23 Corporation
Represented By: Kelly Margolis Dagger
Represented By: Kelly Dagger
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Defendant / appellee: Capital Bank Financial Corporation
Represented By: Kelly Margolis Dagger
Represented By: Kelly Dagger
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Defendant / appellee: Southern Community Financial Corporation
Represented By: Kelly Margolis Dagger
Represented By: Kelly Dagger
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Plaintiff / appellee: F. Scott Bauer
Represented By: Christopher T. Graebe
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Plaintiff / appellee: Jeffrey T. Clark
Represented By: Christopher T. Graebe
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Defendant / appellant: Federal Deposit Insurance Corporation
Represented By: Erik Bond
Represented By: Duncan Norman Stevens
Represented By: J. Scott Watson
Represented By: Curtis Shipley
Represented By: Kelly Dagger
Represented By: Paul Sun
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