Eichler et al v. InBANK et al
| Frederick V. Eichler, Michele M. Eichler and Frederick V. Eichler, IV |
| INBANK, South State Bank, N.A. formerly known as CenterState Bank, N.A. doing business as ARC Fixed Rate Provider, International Bank and CenterState Bank, N.A. |
| 1:2022cv02227 |
| August 30, 2022 |
| US District Court for the District of Colorado |
| Maritza Dominguez Braswell |
| Regina M Rodriguez |
| Negotiable Instrument |
| 28 U.S.C. § 1441 Petition for Removal- Negotiable Instrumen |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 54 Civil Case Terminated pursuant to #53 STIPULATION of Dismissal filed in this case on 1/3/2023. Text Only Entry (angar, ) |
| Filing 53 STIPULATION of Dismissal of Case by Plaintiffs Frederick V. Eichler, IV, Michele M. Eichler. (Adams, James) |
| Filing 52 REPLY to Response to #33 MOTION to Strike Plaintiffs' Request for Exemplary Damages filed by Defendant INBANK. (Leininger, John) |
Filing 51
AMENDED ORDER granting #49 Unopposed MOTION for Extension of Time to File Reply as to 33 MOTION to Strike Plaintiffs' Request for Exemplary Damages. Defendants InBank and South State Bank are GRANTED an extension of one-week, to and including November 30, 2022, to file their Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Strike Plaintiffs' Request for Punitive Damages. SO ORDERED by Judge Regina M. Rodriguez on 11/28/2022. Text Only Entry (rmrja)
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Filing 50
ORDER granting #49 Unopposed MOTION for Extension of Time to File Reply as to #33 MOTION to Strike Plaintiffs' Request for Exemplary Damages. Defendant InBank is GRANTED an extension of one-week, to and including November 30, 2022, to file its Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Strike Plaintiffs' Request for Punitive Damages. SO ORDERED by Judge Regina M. Rodriguez on 11/22/2022. Text Only Entry(rmrja)
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| Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Strike Plaintiffs' Request for Exemplary Damages by Defendant South State Bank, N.A.. (George, Christian) |
| Filing 48 RESPONSE to #33 MOTION to Strike Plaintiffs' Request for Exemplary Damages [IN OPPOSITION TO] filed by Plaintiffs Frederick V. Eichler, IV, Michele M. Eichler. (Adams, James) |
| Filing 47 RESPONSE to #32 MOTION to Strike Plaintiffs' Jury Trial Demand filed by Plaintiffs Frederick V. Eichler, IV, Michele M. Eichler. (Adams, James) |
| Filing 46 MEMORANDUM regarding #33 MOTION to Strike Plaintiffs' Request for Exemplary Damages filed by South State Bank, N.A., INBANK, #32 MOTION to Strike Plaintiffs' Jury Trial Demand filed by South State Bank, N.A., INBANK. Motions referred to Magistrate Judge Maritza Dominguez Braswell, by Judge Regina M. Rodriguez on 11/2/2022. Text Only Entry (rmrja) |
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Filing 45
ORDER granting #41 Unopposed MOTION for Extension of Time to Respond to #33 MOTION to Strike Plaintiffs' Request for Exemplary Damages, #32 MOTION to Strike Plaintiffs' Jury Trial Demand. For good cause shown, Plaintiffs are GRANTED a 21-day extension of time, to and including 11/9/2022, to respond to #32 Motion to Strike Plaintiffs' Jury Trial Demand and #33 Motion to Strike Plaintiffs' Request for Exemplary Damages. SO ORDERED by Judge Regina M. Rodriguez on 11/2/2022. Text Only Entry(rmrja)
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Filing 44
SCHEDULING ORDER: Discovery due by 6/16/2023. Dispositive Motions due by 7/17/2023. by Magistrate Judge Maritza Dominguez Braswell on 10/20/2022. Parties need to contact the presiding judges chambers by email at Blackburn_Chambers@cod.uscourts.gov after the entry of this Scheduling Order to obtain Pretrial/Trial Preparation Conference and Trial Dates. (evaug)
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Filing 43
ORDER REFERRING CASE to Magistrate Judge Maritza Dominguez Braswell. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 10/19/2022. Text Only Entry (kmyha, )
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| Filing 42 MEMORANDUM RETURNING CASE by Senior Judge Blackburn. This case is randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be designated as 22-cv-02227-RMR. (athom, ) |
| Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply as to #33 MOTION to Strike Plaintiffs' Request for Exemplary Damages, #32 MOTION to Strike Plaintiffs' Jury Trial Demand by Plaintiffs Frederick V. Eichler, IV, Michele M. Eichler. (Attachments: #1 Proposed Order (PDF Only))(Adams, James) |
| Filing 40 CASE REASSIGNED pursuant to #39 Proposed Scheduling Order. All parties do not consent. This case is randomly reassigned to Judge Robert E. Blackburn and drawn to Magistrate Judge Maritza Dominguez Braswell. All future pleadings should be designated as 22-cv-02227-REB. (Text Only Entry) (csarr, ) |
| Filing 39 Proposed Scheduling Order by Defendant INBANK. (Leininger, John) |
| Filing 38 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent InBankshares Corp. for INBANK. (Leininger, John) |
| Filing 37 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent SouthState Corporation for South State Bank, N.A.. (George, Christian) |
| Filing 36 NOTICE of Entry of Appearance by James C. Adams, II on behalf of Frederick V. Eichler, IV, Michele M. EichlerAttorney James C. Adams, II added to party Frederick V. Eichler, IV(pty:pla), Attorney James C. Adams, II added to party Michele M. Eichler(pty:pla) (Adams, James) |
| Filing 35 ANSWER to #26 Complaint And Affirmative Defenses by INBANK.(Leininger, John) |
| Filing 34 ANSWER to #26 Complaint and Affirmative Defenses by South State Bank, N.A..(George, Christian) |
| Filing 33 MOTION to Strike Plaintiffs' Request for Exemplary Damages by Defendants INBANK, South State Bank, N.A.. (George, Christian) |
| Filing 32 MOTION to Strike Plaintiffs' Jury Trial Demand by Defendants INBANK, South State Bank, N.A.. (Attachments: #1 Exhibit A - Note, #2 Exhibit B - RCA Agreement, #3 Exhibit C - Business Loan Agreement, #4 Exhibit D - Deed of Trust, #5 Exhibit E - Pledge Agreement)(George, Christian) |
| Filing 31 NOTICE of Entry of Appearance by Christian Peter George on behalf of South State Bank, N.A.Attorney Christian Peter George added to party South State Bank, N.A.(pty:dft) (George, Christian) |
| Filing 30 NOTICE of Entry of Appearance by Amy M. Leitch on behalf of South State Bank, N.A.Attorney Amy M. Leitch added to party South State Bank, N.A.(pty:dft) (Leitch, Amy) |
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Filing 29
ORDER SETTING INITIAL CASE DEADLINES. Consent Form due by 10/17/2022. Proposed Scheduling Order due 10/17/2022. So ORDERED by Magistrate Judge Maritza Dominguez Braswell on 9/1/2022. (evaug )
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| Filing 28 NOTICE of Entry of Appearance by John Clayborn Leininger on behalf of INBANKAttorney John Clayborn Leininger added to party INBANK(pty:dft) (Leininger, John) |
| Filing 27 NOTICE of Entry of Appearance by Kevin Thomas Schutte on behalf of INBANKAttorney Kevin Thomas Schutte added to party INBANK(pty:dft) (Schutte, Kevin) |
| Filing 26 COMPLAINT against INBANK, South State Bank, N.A., filed by Frederick V. Eichler, IV, Michele M. Eichler.(norlin, ) |
| Filing 22 Case transferred in from District of New Mexico; Case Number 1:21-cv-00645. File, transfer order and docket sheet received |
| Filing 25 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (norlin, ) |
| Filing 24 Case assigned to Magistrate Judge Maritza Dominguez Braswell.Text Only Entry (norlin, ) |
| Filing 23 FIRST AND FINAL NOTICE TO ALL ATTORNEY(S) AND UNREPRESENTED PARTIES IN REMOVED, TRANSFERRED, OR OTHER CASES. To receive any further notice in a case removed or transferred to this court, or special matters including discovery disputes, bankruptcy appeals, or withdrawals of reference, Multi-district litigation (MDL), etc., all attorneys and unrepresented parties must enter an appearance under D.C.COLO.LAttyR 5(a). An attorney must be an active member of this court's bar and be in good standing in accordance with D.C.COLO.LAttyR 3. A waiver of the fee for bar admission may apply in limited situations. (Text Only Entry) (norlin, ) |
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Filing 21
ORDER by District Judge Margaret I. Strickland denying #3 Motion to Dismiss; granting #3 Motion to Transfer Case. (ke) [Transferred from New Mexico on 8/30/2022.]
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| Filing 20 PLEASE TAKE NOTICE that this case has been reassigned to District Judge Margaret I. Strickland as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. Chief District Judge William P. Johnson no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (cmm) [Transferred from New Mexico on 8/30/2022.] |
| Filing 19 NOTICE of Briefing Complete by Frederick V. Eichler, Michele M. Eichler re #3 MOTION to Dismiss or in the alternative MOTION to Transfer Case to the District of Colorado filed by InBANK, South State Bank, N.A. (Edelman, Spencer) [Transferred from New Mexico on 8/30/2022.] |
| Filing 18 REPLY to Response to Motion re #3 MOTION to Dismiss or in the alternative MOTION to Transfer Case to the District of Colorado filed by InBANK, South State Bank, N.A.. (George, Christian) [Transferred from New Mexico on 8/30/2022.] |
| Filing 17 NOTICE by South State Bank, N.A. re #14 Response to Motion of Agreed Extension of Time for Defendants to File a Reply to Plaintiffs' Response to Defendants' Motion to Dismiss or, in the Alternative, Transfer Venue (George, Christian) [Transferred from New Mexico on 8/30/2022.] |
| Filing 16 NOTICE REGARDING DOCUMENT ENTRIES: Because this case has been reassigned to a district judge, please be advised that any documents filed by the parties under Rule 73(b) have been permanently removed from the docket. Document(s) removed: No. 7. [THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (bl) [Transferred from New Mexico on 8/30/2022.] |
| Filing 15 ASSOCIATION of Attorney Licensed Outside the District for Defendant South State Bank, N.A. by Christian Peter George (Association Dues - Online Payment) (George, Christian)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 8/30/2022.] |
| Filing 14 RESPONSE to Motion re #3 MOTION to Dismiss or in the alternative MOTION to Transfer Case to the District of Colorado filed by Frederick V. Eichler, Michele M. Eichler. (Edelman, Spencer) [Transferred from New Mexico on 8/30/2022.] |
| Filing 13 NOTICE by Frederick V. Eichler, Michele M. Eichler Pro Hac Vice Certification (Edelman, Spencer) [Transferred from New Mexico on 8/30/2022.] |
| Association Dues Received: $ 100 receipt number ANMDC-7821204 re: # 15 Association of Attorney Licensed Outside the District, filed by South State Bank, N.A. (Payment made via Pay.gov)(George, Christian) [Transferred from New Mexico on 8/30/2022.] |
| Filing 12 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Frederick V. Eichler, Michele M. Eichler by Spencer L Edelman on behalf of: Daniel Colston Brooks Pierce Law Firm 2000 Renaissance Plaza, 230 North Elm StreetGreensboro, NC 27401 336.271.3109 Fax 336.232.9109 DColston@BrooksPierce.c (Association Dues - Online Payment) (Edelman, Spencer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 8/30/2022.] |
| Filing 11 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Frederick V. Eichler, Michele M. Eichler by Spencer L Edelman on behalf of: Daniel Adams Brooks Pierce Law Firm 2000 Renaissance Plaza, 230 North Elm StreetGreensboro, NC 27401 336.271.3109 Fax 336.232.9109 DAdams@BrooksPierce.com (Association Dues - Online Payment) (Edelman, Spencer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 8/30/2022.] |
| Filing 10 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Frederick V. Eichler, Michele M. Eichler by Spencer L Edelman on behalf of: James C. Adams, II Brooks Pierce Law Firm 2000 Renaissance Plaza, 230 North Elm StreetGreensboro, NC 27401 336.271.3109 Fax 336.232.9109 JADAMS@BrooksPierce.com (Association Dues - Online Payment) (Edelman, Spencer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 8/30/2022.] |
| Filing 9 ASSOCIATION of Attorney Licensed Outside the District for Plaintiffs Frederick V. Eichler, Michele M. Eichler by Spencer L Edelman on behalf of: S. Leigh Rodenbough, IV (Bo) Brooks Pierce Law Firm 2000 Renaissance Plaza, 230 North Elm StreetGreensboro, NC 27401 336.271.3109 Fax 336.232.9109 brodenbough@BrooksPierce.com (Association Dues - Online Payment) (Edelman, Spencer)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 8/30/2022.] |
| Filing 8 PLEASE TAKE NOTICE that this case has been reassigned to Chief United States District Judge William P. Johnson as the trial judge. Under D.N.M.LR-Civ. 10.1, the first page of each document must have the case file number and initials of the assigned judges.Accordingly, further documents filed in this matter must bear the case number and the judges' initials shown in the case caption and the NEF for this document. Kindly reflect this change in your filings. United States Magistrate Judge Laura Fashing no longer assigned to this case.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (arp) [Transferred from New Mexico on 8/30/2022.] |
| Association Dues Received: $ 100 receipt number ANMDC-7818444 re: # 11 Association of Attorney Licensed Outside the District,, filed by Frederick V. Eichler, Michele M. Eichler (Payment made via Pay.gov)(Edelman, Spencer) [Transferred from New Mexico on 8/30/2022.] |
| Association Dues Received: $ 100 receipt number ANMDC-7818464 re: # 12 Association of Attorney Licensed Outside the District,, filed by Frederick V. Eichler, Michele M. Eichler (Payment made via Pay.gov)(Edelman, Spencer) [Transferred from New Mexico on 8/30/2022.] |
| Association Dues Received: $ 100 receipt number ANMDC-7818380 re: # 9 Association of Attorney Licensed Outside the District,, filed by Frederick V. Eichler, Michele M. Eichler (Payment made via Pay.gov)(Edelman, Spencer) [Transferred from New Mexico on 8/30/2022.] |
| Association Dues Received: $ 100 receipt number ANMDC-7818393 re: # 10 Association of Attorney Licensed Outside the District,, filed by Frederick V. Eichler, Michele M. Eichler (Payment made via Pay.gov)(Edelman, Spencer) [Transferred from New Mexico on 8/30/2022.] |
| Filing 6 NOTICE by InBANK, South State Bank, N.A. re #3 MOTION to Dismiss or in the alternative MOTION to Transfer Case to the District of Colorado (Attachments: #1 Affidavit -Declaration of Nicole Comer) (McKleroy, Michael) [Transferred from New Mexico on 8/30/2022.] |
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Filing 5
ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Considering the pending motion seeking dispositive relief, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc) [Transferred from New Mexico on 8/30/2022.]
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| Filing 4 NOTICE OF CONSENT SUBMISSION DEADLINE: Pursuant to Fed. R. Civ. P. 73(b)(2), the parties are reminded that a magistrate judge was assigned as the trial judge in this matter under 28 U.S.C. 636(c). The parties are advised that the Clerk will reassign this matter to a district judge as the trial judge no later than 10 days from the entry of this notice unless consents from all parties have been filed. The parties are free to withhold consent. If you have already entered your consent, you need not resubmit. (cda)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] [Transferred from New Mexico on 8/30/2022.] |
| Filing 3 MOTION to Dismiss or in the alternative, MOTION to Transfer Case to the District of Colorado by InBANK, South State Bank, N.A.. (McKleroy, Michael) [Transferred from New Mexico on 8/30/2022.] |
| Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7788880 re #1 Notice of Removal, filed by InBANK, South State Bank, N.A. (Payment made via Pay.gov)(McKleroy, Michael) [Transferred from New Mexico on 8/30/2022.] |
| Filing 2 PLEASE TAKE NOTICE that this case has been randomly assigned to United States Magistrate Judge Laura Fashing to conduct dispositive proceedings in this matter, including motions and trial. Appeal from a judgment entered by a Magistrate Judge will be to the United States Court of Appeals for the Tenth Circuit. It is the responsibility of the case filer to serve a copy of this Notice upon all parties with the summons and complaint. Consent is strictly voluntary, and a party is free to withhold consent without adverse consequences. Should a party choose to consent, notice should be made no later than 21 days after entry of the Order setting the Rule 16 Initial Scheduling Conference. For e-filers, visit our Web site at www.nmd.uscourts.gov for more information and instructions.[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.] (jg) [Transferred from New Mexico on 8/30/2022.] |
| Filing 1 NOTICE OF REMOVAL by All Defendants from 1st Judicial District; Santa Fe County, case number D-101-CV-2021-01248. ( Filing Fee - Online Payment), filed by All Defendants. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Complaint, #3 Exhibit 2 - Summons return - South State Bank, N.A., #4 Exhibit 3 - Summons return InBANK, #5 Exhibit 4 - Docket sheet, #6 Exhibit 5 - Civil cover sheet)(McKleroy, Michael) [Transferred from New Mexico on 8/30/2022.] |
| United States Magistrate Judge Laura Fashing and United States Magistrate Judge Kevin R. Sweazea assigned. (jg) [Transferred from New Mexico on 8/30/2022.] |
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