Branch Banking and Trust Company v. FM Bayberry Cove Holding, LLC et al
Plaintiff: Branch Banking and Trust Company
Defendant: Arthur F. Evans, III, Timothy C. Jelus, Hugh M. Evans, Jr., FM Investments, LLC and FM Bayberry Cove Holding, LLC
Garnishee: Bank of America, Wells Fargo Bank, N.A., Wells Fargo Advisors, LLC, Raymond James & Associates, Inc., Sunrise Bank, TD Bank, N.A., Morgan Stanley & Co. and SunTrust Bank
Case Number: 6:2009cv01608
Filed: September 17, 2009
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: XX US, Outside State
Presiding Judge: Charlene Edwards Honeywell
Referring Judge: Gregory J Kelly
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 3, 2013. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 3, 2013 Opinion or Order Filing 275 ORDER: As no further action is required in the garnishment proceedings, the Clerk is directed to terminate all deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 10/3/2013. (BGS)
July 17, 2013 Opinion or Order Filing 274 ORDER granting #246 Garnishee's statutory demand for attorneys' fees. The Clerk is directed to remit the $100.00 statutory deposit to counsel for TD Bank, N.A. Signed by Magistrate Judge Gregory J. Kelly on 7/17/2013. (PAB)
July 9, 2013 Filing 273 NOTICE of withdrawal of motion by Branch Banking and Trust Company re #259 MOTION for miscellaneous relief, specifically TO COMMENCE PROCEEDINGS SUPPLEMENTARY AND IMPLEAD THIRD-PARTIES AND SUPPORTING MEMORANDUM OF LAW filed by Branch Banking and Trust Company (Thomas, Shayne)
July 8, 2013 Opinion or Order Filing 272 ORDER directing BB&T to withdraw its Motion to Commence Proceedings Supplementary #259, as previously indicated, or advise the Court why it should not be withdrawn within SEVEN (7) DAYS from the date of this Order. Signed by Judge Charlene Edwards Honeywell on 7/8/2013. (BGS)
June 7, 2013 Opinion or Order Filing 271 ORDER approving #269 Joint Notice of Voluntary Dissolution of Writs of Garnishment and Stipulation with Respect to Same. SEE ORDER FOR COMPLETE DETAILS. Signed by Judge Charlene Edwards Honeywell on 6/7/2013. (BGS)
May 29, 2013 Filing 270 NOTICE CANCELLING Final Pretrial Conference scheduled for May 30, 2013 at 10:30 a.m. (NBL) copies mailed/e-mailed
May 28, 2013 Filing 269 NOTICE by Branch Banking and Trust Company Joint Notice of Voluntary Dissolution of Writs of Garnishment and Stipulation With Respect to Same (Thomas, Shayne)
May 28, 2013 Opinion or Order Filing 268 ENDORSED ORDER granting #264 Motion for Extension of Time to File. The Pre-Trial Statement shall be filed on May 28, 2013. Signed by Judge Charlene Edwards Honeywell on 5/28/2013. (Honeywell, C)
May 24, 2013 Opinion or Order Filing 267 ENDORSED ORDER denying #266 Emergency Motion for Protective Order for failure to demonstrate good cause. Signed by Magistrate Judge Gregory J. Kelly on 5/24/2013. (PAB)
May 24, 2013 Filing 266 Emergency MOTION for protective order and supporting memorandum of law by Branch Banking and Trust Company. (Thomas, Shayne) Motions referred to Magistrate Judge Gregory J. Kelly.
May 23, 2013 Filing 265 JOINDER in motion by Branch Banking and Trust Company re #264 Unopposed MOTION for Extension of Time to File(Thomas, Shayne) Modified on 5/24/2013 (SC).
May 23, 2013 Filing 264 Unopposed MOTION for Extension of Time to File until May 28, 2013 Pre-trial Statement by Arthur F. Evans, III, Hugh M. Evans, Jr, Timothy C. Jelus. (Parrish, Jimmy) Modified on 5/24/2013 (SC).
May 20, 2013 Filing 263 (Limited) OBJECTION re #259 MOTION for miscellaneous relief, specifically TO COMMENCE PROCEEDINGS SUPPLEMENTARY AND IMPLEAD THIRD-PARTIES AND SUPPORTING MEMORANDUM OF LAW by Arthur F. Evans, III, Hugh M. Evans, Jr, Timothy C. Jelus. (Parrish, Jimmy) Modified on 5/21/2013 (MAA).
May 16, 2013 Filing 262 JUDGMENT in favor of Raymond James & Associates, Inc. against Branch Banking and Trust Company DISCHARGING Garnishee Raymond James & Associates, Inc. from any and all liability relating to the Writ of Garnishment filed against it on March 21, 2013. Signed by Deputy Clerk on 5/16/2013. (RDO)
May 15, 2013 Filing 261 MOTION for partial summary judgment and Memorandum of law in support by Arthur F. Evans, III, Hugh M. Evans, Jr, Timothy C. Jelus. (Parrish, Jimmy)
May 15, 2013 Opinion or Order Filing 260 ORDER granting #235 Motion; adopting #258 Report and Recommendation. As determined by the Magistrate Judge, Garnishee Raymond James and Associates, Inc.'s Motion for Garnishment Fees (Doc. 235) is GRANTED. The Clerk is DIRECTED to enter judgment in favor of Garnishee Raymond James and Associates, Inc. and against Plaintiff Branch Banking and Trust Company. Garnishee Raymond James and Associates, Inc. is hereby DISCHARGED from any and all liability related to the Writ of Garnishment filed against it on March 21, 2013 (Doc. 216).Signed by Judge Charlene Edwards Honeywell on 5/15/2013. (JO)
May 6, 2013 Filing 259 MOTION for miscellaneous relief, specifically TO COMMENCE PROCEEDINGS SUPPLEMENTARY AND IMPLEAD THIRD-PARTIES AND SUPPORTING MEMORANDUM OF LAW by Branch Banking and Trust Company. (Thomas, Shayne)
April 27, 2013 Opinion or Order Filing 258 ORDER and REPORT AND RECOMMENDATIONS re #235 Answer to writ of Garnishment and request for garnishment fee filed by Raymond James & Associates, Inc. The Clerk is directed to remit $100.00 to Garnishee at the address provided in the motion. Report and recommendation as to the balance of the motion. Signed by Magistrate Judge Gregory J. Kelly on 4/27/2013. (PAB)
April 22, 2013 Opinion or Order Filing 257 ENDORSED ORDER denying #256 Plaintiff's Unopposed Motion for Continuance of Trial and To Extend Deadlines. Per the Garnishment Scheduling Order #244, this case is not set for a trial to commence on June 3, 2013. It is scheduled for a trial during the term that starts on June 3, 2013. The trial term is for the entire month of June. A date certain for trial will be determined at the Pretrial Conference. Signed by Judge Charlene Edwards Honeywell on 4/22/2013. (BGS)
April 19, 2013 Filing 256 Unopposed MOTION for miscellaneous relief, specifically Motion for Continuance of Trial and to Extend Deadlines by Branch Banking and Trust Company. (Thomas, Shayne)
April 19, 2013 Filing 255 (EX PARTE) WRIT of OF EXECUTION issued (for Arthur F. Evans, III). (MAA)
April 19, 2013 Filing 254 (EX PARTE) WRIT of OF EXECUTION issued (for Timothy C. Jelus). (MAA)
April 18, 2013 Opinion or Order Filing 251 ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #245 motion to appear pro hac vice. Signed by Magistrate Judge Gregory J. Kelly on 4/18/2013. (PAB)
April 17, 2013 Filing 250 CERTIFICATE of service by Branch Banking and Trust Company re #246 ANSWER to Writ of Garnishment and MOTION for garnishment fee . (Thomas, Shayne)
April 15, 2013 Filing 246 ANSWER to Writ of Garnishment and MOTION for garnishment fee by TD Bank, N.A. (signed by attorney Barry J. Glickman who is not admitted) (LAK)
April 15, 2013 Filing 245 MOTION for Barry J. Glickman to appear pro hac vice by TD Bank, N.A. (Attachments: #1 original certificate of good standing) (attorney signed #246 anwser) (LAK) Motions referred to Magistrate Judge Gregory J. Kelly.
April 15, 2013 ***PRO HAC VICE FEES paid by attorney Barry J. Glickman, appearing on behalf of TD Bank, N.A. SPECIAL ADMISSION FORM WAS NOT RECEIVED. (Filing fee $10 receipt number ORL24648) (LAK)
April 11, 2013 Reset scheduling order deadlines: Discovery due by 5/20/2013. (entered incorrectly earlier on docket) (MAA)
April 11, 2013 Set/reset scheduling order deadlines: Discovery due by 5/30/2013, Pretrial statement due by 5/24/2013, Final Pretrial Conference set for 5/30/2013 at 10:30 AM in Orlando Courtroom 5 B before Judge Charlene Edwards Honeywell, Bench Trial set for 6/3/2013 at 09:00 AM in Orlando Courtroom 5 B before Judge Charlene Edwards Honeywell., Defendant disclosure of expert report due by 5/10/2013, Plaintiff disclosure of expert report due by 5/10/2013 (MAA)
April 11, 2013 Opinion or Order Filing 244 GARNISHMENT SCHEDULING ORDER. Signed by Judge Charlene Edwards Honeywell on 4/11/2013. (BGS)
April 10, 2013 Filing 243 NOTICE by Branch Banking and Trust Company re #238 Notice (Other) OF FILING SWORN STATEMENT CONTESTING CLAIM OF EXEMPTION FILED BY TIMOTHY C. JELUS (Thomas, Shayne)
April 10, 2013 Filing 242 NOTICE by Branch Banking and Trust Company re #237 Notice (Other) OF FILING SWORN STATEMENT CONTESTING CLAIM OF EXEMPTION FILED BY ARTHUR F. EVANS, III (Thomas, Shayne)
April 10, 2013 Filing 241 NOTICE by Branch Banking and Trust Company re #236 Notice (Other) SWORN STATEMENT CONTESTING CLAIM OF EXEMPTION FILED BY HUGH M. EVANS, JR. (Thomas, Shayne)
April 9, 2013 Filing 240 WRIT of Garnishment returned 03/27/13 as to Cape Wealth Management. (Jensen, W.)
April 9, 2013 Filing 239 WRIT of Garnishment returned 03/22/13 as to Morgan Stanley & Co.. (Jensen, W.)
April 5, 2013 Filing 238 NOTICE by Timothy C. Jelus of Filing Claim of Exemption and Request for Hearing. (Parrish, Jimmy)
April 5, 2013 Filing 237 NOTICE by Arthur F. Evans, III of Filing Claim of Exemption and Request for Hearing. (Parrish, Jimmy)
April 5, 2013 Filing 236 NOTICE by Hugh M. Evans, Jr of Filing Claim of Exemption and Request for Hearing. (Parrish, Jimmy)
April 3, 2013 Filing 234 CASE MANAGEMENT REPORT. (Thomas, Shayne)
April 2, 2013 Filing 235 ANSWER to Writ of Garnishment and MOTION for miscellaneous relief, specifically for garnishment fee by Raymond James & Associates, Inc. (MAA) Modified on 4/16/2013 (MAA).
April 2, 2013 Filing 233 CERTIFICATE of service of the Answer to Writ of Garnishment as to Arthur F. Evans, III and Notice to Defendant of Right Against Garnishment filed by Branch Banking and Trust Company . (Thomas, Shayne) Text modified on 4/3/2013 (RDO).
March 29, 2013 Filing 232 RETURN of service executed on 03/21/2013 by Branch Banking and Trust Company as to Sunrise Bank. (Thomas, Shayne)
March 29, 2013 Filing 231 RETURN of service executed on 03/21/13 by Branch Banking and Trust Company as to Sunrise Bank. (Thomas, Shayne)
March 29, 2013 Filing 230 RETURN of service executed on 03/21/13 by Branch Banking and Trust Company as to Sunrise Bank. (Thomas, Shayne)
March 29, 2013 Filing 229 RETURN of service executed on 03/22/2013 by Branch Banking and Trust Company as to TD Bank, N.A.. (Thomas, Shayne)
March 29, 2013 Filing 228 RETURN of service executed on 03/22/2013 by Branch Banking and Trust Company as to Raymond James & Associates, Inc.. (Thomas, Shayne)
March 27, 2013 Filing 227 ANSWER to Writ of Garnishment by Morgan Stanley & Co.. (Morales-Christiansen, Anna)
March 27, 2013 Filing 226 CERTIFICATE of service by Branch Banking and Trust Company re #218 Answer to Writ of Garnishment . (Thomas, Shayne)
March 27, 2013 Filing 225 CERTIFICATE of service by Branch Banking and Trust Company re #220 Answer to Writ of Garnishment . (Thomas, Shayne)
March 27, 2013 Filing 224 CERTIFICATE of service by Branch Banking and Trust Company re #219 Answer to Writ of Garnishment . (Thomas, Shayne)
March 26, 2013 Filing 223 CERTIFICATE of service by Branch Banking and Trust Company re 197 EXPARTE MOTION, 195 EXPARTE MOTION, 216 Notice of exparte filing, 217 Notice of exparte filing . (Thomas, Shayne)
March 26, 2013 Filing 222 CERTIFICATE of service by Branch Banking and Trust Company re 215 Notice of exparte filing, 193 EXPARTE MOTION, 191 EXPARTE MOTION, 214 Notice of exparte filing . (Thomas, Shayne)
March 26, 2013 Filing 221 CERTIFICATE of service by Branch Banking and Trust Company re 211 Notice of exparte filing, 183 EXPARTE MOTION, 185 EXPARTE MOTION, 189 EXPARTE MOTION, 213 Notice of exparte filing, 210 Notice of exparte filing . (Thomas, Shayne)
March 22, 2013 Filing 220 ANSWER to Writ of Garnishment as to Timothy Jelus by Sunrise Bank. (Nohrr, Philip)
March 22, 2013 Filing 219 ANSWER to Writ of Garnishment as to Hugh Evans by Sunrise Bank. (Nohrr, Philip)
March 22, 2013 Filing 218 ANSWER to Writ of Garnishment as to Arthur Evans by Sunrise Bank. (Nohrr, Philip)
March 20, 2013 Opinion or Order Filing 201 ENDORSED ORDER granting #200 Motion for Extension of Time. The parties shall file their Case Management Report on or before April 3, 2013. Signed by Judge Charlene Edwards Honeywell on 3/20/2013. (BGS)
March 20, 2013 Reset deadlines: Case management report due by 4/3/2013. (MAA)
March 19, 2013 Filing 200 Joint MOTION for Extension of Time to File Case Management Report by Branch Banking and Trust Company, Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus. (Parrish, Jimmy)
February 26, 2013 Opinion or Order Filing 182 ORAL ORDER directing the parties to meet by March 12, 2013 for the purpose of settlement discussions and case management. A Case Management Report shall be filed on or before March 19, 2013. Rendered in Open Court by Judge Charlene Edwards Honeywell on 2/26/2013. (NBL)
February 26, 2013 Filing 181 Minute Entry (TELEPHONIC STATUS CONFERENCE) Proceedings held before Judge Charlene Edwards Honeywell on 2/26/2013. Court Reporter: Koretta Stanford (NBL)
February 25, 2013 Opinion or Order Filing 180 ENDORSED ORDER granting #179 unopposed Motion to Substitute Attorney. Signed by Magistrate Judge Gregory J. Kelly on 2/25/2013. (PAB)
February 22, 2013 Filing 179 Unopposed MOTION to Substitute Attorney by All Defendants. (Green, Elizabeth) Motions referred to Magistrate Judge Gregory J. Kelly.
February 20, 2013 Filing 178 NOTICE OF TELEPHONIC CASE MANAGEMENT CONFERENCE. Telephonic Conference is set for 2/26/2013 at 11:00 AM in Orlando U.S. District Court, before Judge Charlene Edwards Honeywell. Counsel shall appear by telephone and call the Toll Free Meeting Number 1-888-684-8852, Access Code 2409734, and Security Code 022613. Please call into the conference (5) minutes prior to the conference time. (NBL) copies mailed/e-mailed
February 19, 2013 Opinion or Order Filing 177 ORDER granting #172 Plaintiff's, Branch Banking and Trust Company, Amended Motion to Reinstate Garnishment Proceedings to Active Status and Request for Case Management Conference. The Clerk is directed to REOPEN this case. A telephonic case management conference is hereby scheduled for the 26th day of February, 2013 at 11:00 a.m. Signed by Judge Charlene Edwards Honeywell on 2/19/2013. (BGS)
February 12, 2013 Filing 176 CERTIFICATE of service by Branch Banking and Trust Company . (Thomas, Shayne)
February 12, 2013 Filing 175 CERTIFICATE of service by Branch Banking and Trust Company . (Thomas, Shayne)
February 12, 2013 Filing 174 CERTIFICATE of service by Branch Banking and Trust Company . (Thomas, Shayne)
February 12, 2013 Filing 173 RESPONSE re #166 Order filed by Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus. (Riemenschneider, Michael)
February 5, 2013 Filing 172 Amended MOTION for miscellaneous relief, specifically Amended Motion to Reinstate Garnishment Proceedings to Active Status and Request for Case Management Conference by Branch Banking and Trust Company. (Thomas, Shayne)
February 5, 2013 Opinion or Order Filing 171 ENDORSED ORDER denying without prejudice #170 Motion To Reinstate Garnishment Proceedings To Active Status and Request for Case Management Conference. Plaintiff failed to comply with the certification requirements of Local Rule 3.01(g). Signed by Judge Charlene Edwards Honeywell on 2/5/2013. (BGS)
February 4, 2013 Filing 170 MOTION for miscellaneous relief, specifically Motion to Reinstate Garnishment Proceedings to Active Status and Request for Case Management Conference by Branch Banking and Trust Company. (Thomas, Shayne)
October 10, 2012 Filing 169 STIPULATION Regarding Applicability of 11 U.S.C. 108(c) to Writs of Garnishment by Branch Banking and Trust Company. (Thomas, Shayne)
September 12, 2012 Filing 168 NOTICE of Partial Response To Request To Produce by Wells Fargo Bank, N.A. (as Garnishee) (Kent, John) Modified on 9/13/2012 (JET).
August 20, 2012 Opinion or Order Filing 167 ENDORSED ORDER denying without prejudice the motions at Docket Entry Nos. 110-112, and 158. This case is stayed and administratively closed. Doc. No. 166. The motions may be renewed if and when the stay is lifted. Signed by Magistrate Judge Gregory J. Kelly on 8/20/2012. (PAB)
August 9, 2012 Set deadlines: First Status Report due by 2/11/2013. (JET)
August 9, 2012 Opinion or Order Filing 166 ORDER: The instant garnishment proceedings are automatically STAYED as to Timothy C. Jelus, Arthur F. Evans III and Hugh M. Evans, Jr. The Clerk is directed to administratively close these garnishment proceedings. Defendants Timothy C. Jelus, Arthur F. Evans III and Hugh M. Evans, Jr. are directed to file and serve, on or before FEBRUARY 11, 2013, and every six months thereafter, a status report regarding the bankruptcy proceedings. Signed by Judge Charlene Edwards Honeywell on 8/9/2012. (BGS)
August 8, 2012 Filing 165 NOTICE of Involuntary Bankruptcy Petitions Filed Against Defendants and the Imposition of the Automatic Stay by Branch Banking and Trust Company (Thomas, Shayne) Modified on 8/9/2012 (JET).
July 12, 2012 Filing 164 RESPONSE to motion re #158 Renewed MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment and Memorandum of Law filed by Branch Banking and Trust Company. (Thomas, Shayne)
July 10, 2012 Set/reset deadlines as to #158 Renewed MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment and Memorandum of Law. Responses due by 7/12/2012 (JET)
July 10, 2012 Opinion or Order Filing 163 ENDORSED ORDER granting #162 Branch Banking and Trust Company's unopposed Motion for extension of time to file response to Defendants' renewed motion to dissolve writs of garnishment. On or before July 12, 2012, Branching Banking and Trust Company shall file their response to Defendants' renewed motion to dissolve writs of garnishment. Signed by Magistrate Judge Gregory J. Kelly on 7/10/2012. (JBR)
July 5, 2012 Filing 162 Unopposed MOTION to extend time to File Response to Defendants' Renewed Motion to Dissolve Writs of Garnishment by Branch Banking and Trust Company. (Thomas, Shayne) Motions referred to Magistrate Judge Gregory J. Kelly.
June 29, 2012 Filing 161 REPLY to #153, #154, #155, #156 and #157 Responses to Claims of Exemption and MOTION to Dissolve the Writs of Garnishment served on Wells Fargo Advisors, LLC, Bank of America, Sun Trust Bank and Wells Fargo Bank, filed by Arthur F. Evans, III, Hugh M. Evans, Jr, Timothy C. Jelus. (Riemenschneider, Michael) Modified on 7/2/2012 (JET).
June 25, 2012 Filing 160 AMENDED NOTICE of PRETRIAL CONFERENCE: (TIME ONLY) Pretrial Conference is reset for 9/18/2012 at 1:30 PM in Orlando Courtroom 5 B before Judge Charlene Edwards Honeywell, U.S. District Court, 401 West Central Blvd.,Orlando, Florida. (NBL) copies mailed/e-mailed
June 25, 2012 Filing 159 NOTICE OF TRIAL: The garnishment proceedings in this case are set for bench trial during the OCTOBER 2012 TRIAL TERM. The October 2012 trial TERM commences 10/1/2012, in Orlando Courtroom 5 B before Judge Charlene Edwards Honeywell, U.S. District Court, 401 West Central Blvd., Orlando, Florida. A PRETRIAL CONFERENCE hearing is set for 9/18/2012 at 10:30 AM in Orlando Courtroom 5 B before Judge Charlene Edwards Honeywell. (NBL) copies mailed/e-mailed
June 22, 2012 Filing 158 Renewed MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment and Memorandum of Law by Arthur F. Evans, III, Hugh M. Evans, Jr, Timothy C. Jelus. (Riemenschneider, Michael) Modified on 6/25/2012 (JET).
June 22, 2012 Filing 157 RESPONSE re #150 Claims of Exemption - Summary of Accounts filed by Branch Banking and Trust Company. (Thomas, Shayne) Modified on 6/25/2012 (JET).
June 22, 2012 Filing 156 RESPONSE re #149 Claims of Exemption - Summary of Accounts filed by Branch Banking and Trust Company. (Thomas, Shayne) Modified on 6/25/2012 (JET).
June 22, 2012 Filing 155 RESPONSE re #148 Claims of Exemption - Summary of Accounts filed by Branch Banking and Trust Company. (Thomas, Shayne) Modified on 6/25/2012 (JET).
June 22, 2012 Filing 154 RESPONSE re #152 Claims of Exemption - Summary of Accounts filed by Branch Banking and Trust Company. (Thomas, Shayne) Modified on 6/25/2012 (JET).
June 22, 2012 Filing 153 RESPONSE re #151 Claims of Exemption - Summary of Accounts filed by Branch Banking and Trust Company. (Thomas, Shayne) Modified on 6/25/2012 (JET).
June 15, 2012 Filing 152 NOTICE by FM Investments, LLC of Filing Claims of Exemption - Summary of Accounts (Attachments: #1 Claims of Exemption - Summary of Accounts)(Riemenschneider, Michael) Modified on 6/18/2012 to reorient PDF of exhibit (JET).
June 15, 2012 Filing 151 NOTICE by FM Bayberry Cove Holding, LLC of Filing Claims of Exemption - Summary of Accounts (Attachments: #1 Claims of Exemption - Summary of Accounts)(Riemenschneider, Michael) Modified on 6/18/2012 to reorient PDF of exhibit (JET).
June 15, 2012 Filing 150 NOTICE by Timothy C. Jelus of Filing Claims of Exemption - Summary of Accounts (Attachments: #1 Claims of Exemption - Summary of Accounts)(Riemenschneider, Michael) Modified on 6/18/2012 to reorient PDF of exhibit (JET).
June 15, 2012 Filing 149 NOTICE by Hugh M. Evans, Jr of Filing Claims of Exemption - Summary of Accounts (Attachments: #1 Claims of Exemption - Summary of Accounts)(Riemenschneider, Michael) Modified on 6/18/2012 to reorient PDF of exhibit (JET).
June 15, 2012 Filing 148 NOTICE by Arthur F. Evans, III of Filing Claims of Exemption - Summary of Accounts (Attachments: #1 Claims of Exemption - Summary of Accounts)(Riemenschneider, Michael) Modified on 6/18/2012 to reorient PDF of exhibit (JET).
June 12, 2012 Filing 147 Case randomly reassigned to Judge Charlene Edwards Honeywell. New case number: 6:09-cv-1608-Orl-36GJK. Judge Mary S. Scriven no longer assigned to the case. (AKJ)
June 11, 2012 Opinion or Order Filing 146 ENDORSED ORDER denying without prejudice #124 Motion to dissolve writ of garnishment ; denying without prejudice #125 Motion to dissolve writ of garnishment; denying without prejudice #126 Motion to dissolve writ of garnishment ; denying without prejudice #131 Motion to dissolve writ of garnishment. See Doc. Nos. 131, 134, 140, 141. Signed by Magistrate Judge Gregory J. Kelly on 6/11/2012. (PAB)
June 8, 2012 Filing 145 DISBURSEMENT CHECK number 668365 in the amount of $ 200.00 paid to Haley & Associates, P.A. on 6/5/12 (See order at doc. no. #135) (CH)
June 8, 2012 Filing 144 DISBURSEMENT CHECK number 668364 in the amount of $ 500.00 paid to Marks Gray, P.A. on 6/5/12 (See Order at doc. no. #136) (CH)
June 8, 2012 Filing 143 DISBURSEMENT CHECK number 668362 in the amount of $ 400.00 paid to SunTrust Bank on 6/5/12 (See order at doc. no. #138) (CH)
June 8, 2012 Filing 142 DISBURSEMENT CHECK number 668363 in the amount of $ 400.00 paid to Marks Gray, P.A. on 6/5/12 ( Order at doc. no. #137) (CH)
June 8, 2012 Filing 141 RESPONSE in opposition re #131 Amended MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment, #124 MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment, #126 MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment With Supporting Memorandum of Law filed by Branch Banking and Trust Company. (Thomas, Shayne)
June 7, 2012 Set/reset scheduling order deadlines: Discovery due by 8/31/2012, Pretrial statement due by 9/3/2012, Defendant disclosure of expert report due by 7/30/2012, Plaintiff disclosure of expert report due by 7/30/2012. See Order #140. (JET)
June 7, 2012 Opinion or Order Filing 140 ORDER establishing deadlines for the progress of these garnishment proceedings. Signed by Magistrate Judge Gregory J. Kelly on 6/7/2012. (PAB)
June 7, 2012 Filing 139 Minute Entry. Proceedings held before Magistrate Judge Gregory J. Kelly: PRELIMINARY PRETRIAL CONFERENCE held on 6/7/2012. (digital) (KKA)
June 1, 2012 Set/reset deadlines/hearings Miscellaneous Hearing (preliminary conference) set for 6/7/2012 at10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Gregory J. Kelly. (PML)
May 31, 2012 Opinion or Order Filing 138 ORDER granting #128, #129, #130 and #132 Answer of the Garnishee, Suntrust Bank. Pursuant to Section 77.28, Florida Statutes, the Clerk is directed to remit $100.00 to SunTrust Bank and send payment to counsel's address. Doc. Nos. 128 at 2; 129 at 3; 130 at 2; 132 at 2. Signed by Magistrate Judge Gregory J. Kelly on 5/31/2012. (JBR)
May 31, 2012 Opinion or Order Filing 137 ORDER granting #113, #121, #122 and #123 Answer of Garnishee and demand for garnishment deposit. Pursuant to Section 77.28, Florida Statutes, the Clerk is directed to remit $100.00 to Marks Gray, P.A., at the address provided in the motion. See Doc. Nos. 113 at 4; 121 at 4; 122 at 5; 123 at 4. Signed by Magistrate Judge Gregory J. Kelly on 5/31/2012. (JBR)
May 31, 2012 Opinion or Order Filing 136 ORDER granting #101, #102, #103, #104 and #105 Answer of the Garnishee and demand for garnishment deposit. Pursuant to Section 77.28, Florida Statutes, the Clerk is directed to remit $100.00 to Marks Gray, P.A., at the address provided in the motion. See Doc. Nos. 101 at 10; 102 at 6; 103 at 7; 104 at 4; 105 at 4. ORDER denying as moot #106, #107, #108 and #109 Answer of the Garnishee and demand for garnishment deposit. Signed by Magistrate Judge Gregory J. Kelly on 5/31/2012. (JBR)
May 31, 2012 Opinion or Order Filing 135 ORDER granting #99, #100 Answer to Writ of Garnishment served May 8, 2012, and demand for attorneys' fees. Pursuant to Section 77.28, Florida Statutes, the Clerk is directed to remit $100.00 to Haley & Associates, P.A., at the address provided in the motion. Signed by Magistrate Judge Gregory J. Kelly on 5/31/2012. (JBR)
May 31, 2012 Opinion or Order Filing 134 ORDER and Notice of Hearing. The parties shall appear before the undersigned on Thursday, June 7, 2012 at 10:00 A.M. in Courtroom No. 3C for a preliminary conference regarding these proceedings supplementary. At least three days prior to the hearing, lead counsel shall confer in a good faith effort to agree upon deadlines for the progress of these proceedings. At least one day before the conference, if the parties are unable to reach agreement, they shall provide the Court with their proposed deadlines by electronic mail. Signed by Magistrate Judge Gregory J. Kelly on 5/31/2012. (PAB)
May 29, 2012 Filing 132 ANSWER to Writ of Garnishment and Motion for Garnishment deposit as to FM Investments, LLC by SunTrust Bank. (MAL)
May 29, 2012 Filing 131 Amended MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment by Timothy C. Jelus. (Attachments: #1 Signature Cards)(Riemenschneider, Michael)
May 25, 2012 Filing 133 DISBURSEMENT CHECK number 667997 in the amount of $ 100.00 paid to Haley & Associates, P.A on 5/25/12 (CH)
May 25, 2012 Filing 130 ANSWER to Writ of Garnishment and MOTION for Garnishment deposit as to Timothy C. Jelus by SunTrust Bank. (MAL)
May 25, 2012 Filing 129 ANSWER to Writ of Garnishment and MOTION for Garnishment deposit as to Arthur F. Evans by SunTrust Bank. (MAL)
May 25, 2012 Filing 128 ANSWER to Writ of Garnishment and MOTION for Garnishment deposit as to Hugh M. Evans, Jr. by SunTrust Bank. (MAL)
May 25, 2012 Filing 127 MEMORANDUM in support re #124 Motion for miscellaneous relief, #125 Motion for miscellaneous relief, #126 Motion for miscellaneous relief to Dissolve Writs of Garnishment filed by Arthur F. Evans, III, Hugh M. Evans, Jr, Timothy C. Jelus. (Riemenschneider, Michael)
May 25, 2012 Filing 126 MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment by Hugh M. Evans, Jr. (Attachments: #1 Signature cards)(Riemenschneider, Michael)
May 25, 2012 Filing 125 MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment by Timothy C. Jelus. (Attachments: #1 Signature cards)(Riemenschneider, Michael)
May 25, 2012 Filing 124 MOTION for miscellaneous relief, specifically to Dissolve Writs of Garnishment by Arthur F. Evans, III. (Attachments: #1 Signature cards)(Riemenschneider, Michael)
May 18, 2012 Filing 123 ANSWER to Writ of Garnishment and MOTION For Garnishment Deposit as to Hugh M. Evans, Jr., by Wells Fargo Bank, N.A. (Kent, John) Modified on 5/21/2012 (JET).
May 18, 2012 Filing 122 ANSWER to Writ of Garnishment and MOTION For Garnishment Deposit as to Timothy C. Jelus by Wells Fargo Bank, N.A. (Kent, John) Modified on 5/21/2012 (JET).
May 18, 2012 Filing 121 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to Arthur F. Evans, III, by Wells Fargo Bank, N.A. (Kent, John) Modified on 5/21/2012 (JET).
May 17, 2012 Filing 120 RESPONSE IN OPPOSITION (sworn statement contesting Claim of Exemption by Arthur F. Evans, III) re #112 CLAIM of Exemption and MOTION for Hearing by Branch Banking and Trust Company (Thomas, Shayne) Modified on 5/18/2012 (JET).
May 17, 2012 Filing 119 RESPONSE IN OPPOSITION (sworn statement contesting Claim of Exemption by Hugh M. Evans, Jr.) re #111 Claim of Exemption and MOTION for Hearing by Branch Banking and Trust Company (Thomas, Shayne) Modified on 5/18/2012 (JET).
May 17, 2012 Filing 118 RESPONSE IN OPPOSITION (sworn statement contesting Claim of Exemption by Timothy C. Jelus) re #110 Claim of Exemption and MOTION for Hearing by Branch Banking and Trust Company (Thomas, Shayne) Modified on 5/18/2012 (JET).
May 16, 2012 Filing 113 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to FM Bayberry Cove Holding, LLC, by Wells Fargo Bank, N.A. (Kent, John) Modified on 5/17/2012 (JET).
May 16, 2012 Filing 112 CLAIM of Exemption and MOTION for Hearing by Arthur F. Evans, III (Riemenschneider, Michael) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 117 US Marshal 285 form returned as to Wells Fargo Advisors, LLC for Writ of Garnishment. (MAL)
May 15, 2012 Filing 116 US Marshal 285 form returned for Writ of Garnishment as to Wells Fargo Bank (served at two locations). (MAL)
May 15, 2012 Filing 115 US Marshal 285 form returned for Writ of Garnishment as to Bank of America (served at two locations). (MAL)
May 15, 2012 Filing 114 US Marshal 285 form returned for Writ of Garnishment as to SunTrust Bank (served at two locations). (MAL)
May 15, 2012 Filing 111 CLAIM of Exemption and MOTION for Hearing by Hugh M. Evans, Jr (Riemenschneider, Michael) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 110 CLAIM of Exemption and MOTION for Hearing by Timothy C. Jelus (Riemenschneider, Michael) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 109 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to FM Investments, LLC (refile of document 104) by Wells Fargo Advisors, LLC. (Kent, John) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 108 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to Timothy C. Jelus (refile of document 103) by Wells Fargo Advisors, LLC. (Kent, John) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 107 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to Hugh M. Evans, Jr. (refile of document 102) by Wells Fargo Advisors, LLC. (Kent, John) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 106 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to Arthur F. Evans, III (refile of document 101) by Wells Fargo Advisors, LLC. (Kent, John) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 105 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to FM Bayberry Cove Holding, LLC, by Wells Fargo Advisors, LLC. (Kent, John) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 104 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to FM Investments, LLC, by Wells Fargo Bank, N.A. (Kent, John) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 103 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to Timothy Jelus by Wells Fargo Bank, N.A. (Kent, John) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 102 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to Hugh Evans, Jr., by Wells Fargo Bank, N.A. (Kent, John) Modified on 5/16/2012 (JET).
May 15, 2012 Filing 101 ANSWER to Writ of Garnishment and MOTION for Garnishment Deposit as to Arthur Evans by Wells Fargo Bank, N.A. (Kent, John) Modified on 5/16/2012 (JET).
May 11, 2012 Filing 100 ANSWER to Writ of Garnishment and MOTION for fees as to Defendant Timothy C. Jelus re Motion 62 and Order 75 by Bank of America. (Jhones, Ana) Modified on 5/14/2012 (JET). Modified on 5/16/2012 (JET).
May 11, 2012 Filing 99 ANSWER to Writ of Garnishment and MOTION for fees as to Defendant Arthur F. Evan III per Motion 58 and Order 75 by Bank of America. (Jhones, Ana) Modified on 5/14/2012 (JET). Modified on 5/16/2012 (JET).
May 11, 2012 Opinion or Order Filing 98 ENDORSED ORDER granting #97 Motion for attorney fees. The Clerk is directed to remit $100.00 to Haley & Associates, P.A., at the addess provided int he motion, pursuant to Section 77.28, Florida Statutes. Signed by Magistrate Judge Gregory J. Kelly on 5/11/2012. (PAB)
May 10, 2012 Filing 97 Amended ANSWER to Writ of Garnishment and MOTION for fees by Bank of America. (Jhones, Ana) Modified on 5/11/2012 (JET).
May 10, 2012 Filing 96 CERTIFICATE OF SERVICE of portions of 67 and 68 on FM Bayberry Cove Holding, LLC by Branch Banking and Trust Company (Thomas, Shayne) Modified on 5/11/2012 (JET).
May 10, 2012 Filing 95 CERTIFICATE OF SERVICE of portions of 65 and 66 on FM Investments, LLC by Branch Banking and Trust Company (Thomas, Shayne) Modified on 5/11/2012 (JET).
May 10, 2012 Filing 94 CERTIFICATE OF SERVICE of portions of 52, 55, 56 and 86 as to Hugh M. Evans, Jr. by Branch Banking and Trust Company (Thomas, Shayne) Modified on 5/11/2012 (JET).
May 10, 2012 Filing 93 CERTIFICATE OF SERVICE of portions of 57, 58, 59 and 60 as to Arthur F. Evans, III by Branch Banking and Trust Company (Thomas, Shayne) Modified on 5/11/2012 (JET).
May 10, 2012 Filing 92 CERTIFICATE OF SERVICE of portions of 61, 62, 63 amd 64 as to Timothy Jelus by Branch Banking and Trust Company (Thomas, Shayne) Modified on 5/11/2012 (JET).
May 10, 2012 Filing 91 ANSWER to Writ of Garnishment by Bank of America. (Jhones, Ana) Modified on 5/11/2012 (JET). (Includes Motion refiled at #97.)
February 23, 2012 Opinion or Order Filing 51 ENDORSED ORDER granting #50 Motion to substitute attorney. Signed by Magistrate Judge Gregory J. Kelly on 2/23/2012. (PAB)
February 23, 2012 Filing 50 Unopposed MOTION to substitute attorney Shayne A. Thomas and W. Glenn Jensen in place of Charlotte L. Warren and Charles J. Cacciabeve by Branch Banking and Trust Company. (Warren, Charlotte) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 2/24/2012 (JET).
September 15, 2010 Filing 49 NOTICE of compliance re 43 Order on motion for discovery by Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus (Riemenschneider, Michael)
September 3, 2010 Filing 48 AMENDED JUDGMENT in favor of Branch Banking and Trust Company and against FM Bayberry Cove Holding, LLC, FM Investments, LLC, Arthur F. Evans, III, Hugh M. Evans, Jr, Timothy C. Jelus (Signed by Deputy Clerk) (LAK)
September 1, 2010 Opinion or Order Filing 47 ORDER DENYING as moot #40 Motion for attorney fees. Signed by Judge Mary S. Scriven on 9/1/2010. (KWH)
August 27, 2010 Filing 46 STIPULATION re #40 MOTION for attorney fees by Branch Banking and Trust Company, Arthur F. Evans III, Hugh M. Evans, Jr., FM Bayberry Cove Holding, LLC, FM Investments, LLC and Timothy C. Jelus. (Warren, Charlotte) Modified on 8/30/2010 (JET).
August 10, 2010 Opinion or Order Filing 45 ENDORSED ORDER granting #44 unopposed motion to extend time to respond to Plaintiff's motion for attorney's fees and costs until September 1, 2010. Signed by Magistrate Judge Gregory J. Kelly on 8/10/2010. (PAB)
August 10, 2010 Filing 44 MOTION to extend time to September 1, 2010, MOTION for extension of time to file response/reply to Plaintiff's Motion for Attorney's Fees and Costs by Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus. (Riemenschneider, Michael) Motions referred to Magistrate Judge Gregory J. Kelly.
August 2, 2010 Opinion or Order Filing 43 ENDORSED ORDER granting #42 Motion to require defendants to complete fact information sheet. Signed by Magistrate Judge Gregory J. Kelly on 8/2/2010. (DEH)
July 30, 2010 Filing 42 MOTION to Require Defendants to Complete Fact Information Sheet (Form 1.977) by Branch Banking and Trust Company. (Warren, Charlotte) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 8/2/2010 (JET).
July 29, 2010 Filing 41 AFFIDAVIT of Vivan P. Cocotas re: #40 MOTION for attorney fees and Costs and Memorandum of Law in Support by Branch Banking and Trust Company. (Warren, Charlotte)
July 29, 2010 Filing 40 MOTION for attorney fees and Costs and Memorandum of Law in Support by Branch Banking and Trust Company. (Warren, Charlotte)
July 13, 2010 Filing 39 JUDGMENT in favor of Branch Banking and Trust Company against FM Bayberry Cove Holding, LLC, FM Investments, LLC, Arthur F. Evans, III, Hugh M. Evans, Jr, Timothy C. Jelus (Signed by Deputy Clerk) (JET)
July 12, 2010 Opinion or Order Filing 38 ORDER GRANTING #24 Plaintiff's Motion for Summary Judgment. Signed by Judge Mary S. Scriven on 7/12/2010. (KWH)
April 30, 2010 Filing 37 Amended MEDIATION REPORT Hearing held on April 7, 2010 Hearing outcome: Impasse(Nicholas, James) Modified on 5/3/2010 (LAK).
April 9, 2010 Filing 36 MEDIATION REPORT Hearing held on April 7, 2010 Hearing outcome: Adjourned(Nicholas, James)
March 26, 2010 Filing 35 REPLY to response to motion re #24 Final MOTION for summary judgment filed by Branch Banking and Trust Company. (Warren, Charlotte)
March 26, 2010 Filing 34 NOTICE by Branch Banking and Trust Company of Filing Updated Answers to Defendant's First Set of Interrogatories in Support of #24 Motion for Summary Judgment (Warren, Charlotte) Modified on 3/29/2010 (LAK).
March 12, 2010 Filing 33 NOTICE by Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus re #30 Memorandum in opposition of Filing Discovery (Riemenschneider, Michael)
March 12, 2010 Filing 32 AFFIDAVIT of Arthur F. Evans, III re: #30 Memorandum in opposition to Plaintiff's Motion for Final Summary Judgment by Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus. (Attachments: #1 Exhibit A, #2 Exhibit B)(Riemenschneider, Michael)
March 12, 2010 Filing 31 AFFIDAVIT of P. Michael Evans re: #30 Memorandum in opposition to Plaintiff's Motion for Final Summary Judgment by Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus. (Riemenschneider, Michael)
March 12, 2010 Filing 30 MEMORANDUM in opposition re #24 Motion for summary judgment filed by Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus. (Riemenschneider, Michael)
March 12, 2010 Filing 29 STATEMENT of undisputed facts by Plaintiff and Defendants by Branch Banking and Trust Company.. (Warren, Charlotte)
March 1, 2010 Filing 28 NOTICE by Branch Banking and Trust Company Service of Initial Disclosures (Warren, Charlotte)
March 1, 2010 Opinion or Order Filing 27 ORDER taking the Motion for Summary Judgment #24 under advisement on March 29, 2010; amending the Court's Case Management and Scheduling Order. Signed by Judge Mary S. Scriven on 3/1/2010. (JNY) Modified on 3/2/2010 (NBL).
February 22, 2010 Filing 26 NOTICE of mediation to be held on April 7, 2010 at 9:30 a.m. before James Nicholas. (Warren, Charlotte)
February 10, 2010 Filing 25 AFFIDAVIT of Juan R. DeJesus-Caballero re: #24 Final MOTION for summary judgment by Branch Banking and Trust Company. (Warren, Charlotte)
February 10, 2010 Filing 24 Final MOTION for summary judgment by Branch Banking and Trust Company. (Warren, Charlotte)
February 9, 2010 Opinion or Order Filing 23 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Mary S. Scriven on 2/9/2010. (JDM)
February 1, 2010 Filing 22 AMENDED ANSWER to #1 Complaint (and Amended Defenses) by Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus. (Riemenschneider, Michael)
February 1, 2010 Opinion or Order Filing 21 ENDORSED ORDER GRANTING #20 the parties Joint Stipulation to Allow Defendants to File Amended Answer, which is treated by the Court as a joint motion. Defendants shall have seven days from the date of entry of this Order to file an amended answer in conformity with that attached to the parties Joint Stipulation. Signed by Judge Mary S. Scriven on 2/1/2010. (JDM)
January 27, 2010 Filing 20 Joint MOTION to amend/correct #18 Answer and defenses to complaint by Branch Banking and Trust Company, Arthur F. Evans, III, Hugh M. Evans, Jr, FM Bayberry Cove Holding, LLC, FM Investments, LLC, Timothy C. Jelus. (Riemenschneider, Michael) Modified on 1/28/2010 (LAK).
January 14, 2010 Filing 19 CASE MANAGEMENT REPORT. (Cacciabeve, Charles)
December 22, 2009 Filing 18 ANSWER and affirmative defenses to #1 Complaint by FM Bayberry Cove Holding, LLC, Timothy C. Jelus, FM Investments, LLC, Arthur F. Evans, III, Hugh M. Evans, Jr.(Riemenschneider, Michael) Modified on 1/15/2010 (LAK).
November 24, 2009 Opinion or Order Filing 17 ENDORSED ORDER granting #16 Motion for extension of time to answer or respond. FM Bayberry Cove Holding, LLC answer due 12/22/2009; Timothy C. Jelus answer due 12/22/2009; FM Investments, LLC answer due 12/22/2009; Arthur F. Evans, III answer due 12/22/2009; Hugh M. Evans, Jr answer due 12/22/2009. Signed by Magistrate Judge Gregory J. Kelly on 11/24/2009. (PAB)
November 23, 2009 Filing 16 Joint MOTION for Extension of time until 12/22/09 to file answer to complaint by all parties (Riemenschneider, Michael) Modified on 11/24/2009 (LAK).
October 30, 2009 Filing 15 CERTIFICATE of interested persons and corporate disclosure statement re #12 Interested persons order by FM Bayberry Cove Holding, LLC, Timothy C. Jelus, FM Investments, LLC, Arthur F. Evans, III, Hugh M. Evans, Jr. (Riemenschneider, Michael)
October 30, 2009 Filing 14 NOTICE of pendency of related cases re #2 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by FM Bayberry Cove Holding, LLC, Timothy C. Jelus, FM Investments, LLC, Arthur F. Evans, III, Hugh M. Evans, Jr. Related case(s): No (Riemenschneider, Michael)
October 20, 2009 Opinion or Order Filing 13 ENDORSED ORDER granting #11 Motion for extension of time to answer or respond. FM Bayberry Cove Holding, LLC answer due 11/22/2009; Timothy C. Jelus answer due 11/22/2009; FM Investments, LLC answer due 11/22/2009; Arthur F. Evans, III answer due 11/22/2009; Hugh M. Evans, Jr answer due 11/22/2009. Signed by Magistrate Judge Gregory J. Kelly on 10/20/2009. (PAB)
October 19, 2009 Opinion or Order Filing 12 INTERESTED PERSONS ORDER. Defendants FM BAYBERRY COVE HOLDING, LLC., TIMOTHY C. JELUS, FM INVESTMENTS, LLC, ARTHUR F. EVANS, III, HUGH M. EVANS, JR. shall respond within (11) days from the date of this Order. Signed by Judge Mary S. Scriven on 10/19/2009. (NBL) (copies e-mailed)
October 19, 2009 Filing 11 Unopposed MOTION for extension of time to file answer or otherwise plead re #1 Complaint by all defendants. (Riemenschneider, Michael) Motions referred to Magistrate Judge Gregory J. Kelly.
October 6, 2009 Filing 10 RETURN OF SERVICE executed on 10/1/09 as to Hugh M. Evans, Jr. by Branch Banking and Trust Company (Cacciabeve, Charles) Modified on 10/8/2009 (LAK).
October 6, 2009 Filing 9 RETURN OF SERVICE executed on 10/1/09 as to Timothy C. Jelus by Branch Banking and Trust Company (Cacciabeve, Charles) Modified on 10/8/2009 (LAK).
October 6, 2009 Filing 8 RETURN OF SERVICE executed on 10/1/09 as to Arthur F. Evans, III by Branch Banking and Trust Company (Cacciabeve, Charles) Modified on 10/8/2009 (LAK).
October 6, 2009 Filing 7 RETURN OF SERVICE executed on 10/1/09 as to FM Investments, LLC by Branch Banking and Trust Company (Cacciabeve, Charles) Modified on 10/8/2009 (LAK).
October 6, 2009 Filing 6 RETURN OF SERVICE executed on 10/1/09 as to FM Bayberry Cove Holding by Branch Banking and Trust Company (Cacciabeve, Charles) Modified on 10/8/2009 (LAK).
October 1, 2009 Filing 5 NOTICE of pendency of related cases re #2 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Branch Banking and Trust Company. Related case(s): no (Cacciabeve, Charles)
October 1, 2009 Filing 4 CERTIFICATE of interested persons and corporate disclosure statement re #3 Interested persons order by Branch Banking and Trust Company. (Cacciabeve, Charles)
September 21, 2009 Opinion or Order Filing 3 INTERESTED PERSONS ORDER. Response due within (11) days from the date of this Order. Signed by Judge Mary S. Scriven on 9/21/2009. (NBL) (copies e-mailed)
September 21, 2009 Opinion or Order Filing 2 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Response due within (11) days from the date of this Order. Signed by Judge Mary S. Scriven on 9/21/2009. (NBL) (copies e-mailed)
September 17, 2009 Filing 1 COMPLAINT against FM Bayberry Cove Holding, LLC, Timothy C. Jelus, FM Investments, LLC, Arthur F. Evans, III, Hugh M. Evans, Jr (Filing fee $ 350 receipt number 32304) filed by Branch Banking and Trust Company. (Attachments: #1 Exhibits, #2 Exhibit)(LAK)
September 17, 2009 Summons issued as to FM Bayberry Cove Holding, LLC, Timothy C. Jelus, FM Investments, LLC, Arthur F. Evans, III, Hugh M. Evans, Jr. (LAK)

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Search for this case: Branch Banking and Trust Company v. FM Bayberry Cove Holding, LLC et al
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Garnishee: Bank of America
Represented By: Ana Maria Jhones
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Garnishee: Wells Fargo Bank, N.A.
Represented By: John Bradford Kent
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Garnishee: Wells Fargo Advisors, LLC
Represented By: John Bradford Kent
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Garnishee: Raymond James & Associates, Inc.
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Garnishee: Sunrise Bank
Represented By: Philip Frederick Nohrr
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Garnishee: TD Bank, N.A.
Represented By: Mitchel Chusid
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Garnishee: Morgan Stanley & Co.
Represented By: Anna Patricia Morales-Christiansen
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Garnishee: SunTrust Bank
Represented By: John A. Barry
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Plaintiff: Branch Banking and Trust Company
Represented By: M. Robert Malani
Represented By: W. Glenn Jensen
Represented By: Charles J. Cacciabeve
Represented By: Charlotte L. Warren
Represented By: Karen L. Persis
Represented By: Shayne Ashley Thomas
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Defendant: Arthur F. Evans, III
Represented By: Elizabeth A. Green
Represented By: Jonathan S Seminer
Represented By: William H. Cantwell, II
Represented By: Michael R. Riemenschneider
Represented By: Jimmy D. Parrish
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Defendant: Timothy C. Jelus
Represented By: Elizabeth A. Green
Represented By: Jonathan S Seminer
Represented By: William H. Cantwell, II
Represented By: Michael R. Riemenschneider
Represented By: Jimmy D. Parrish
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Defendant: Hugh M. Evans, Jr.
Represented By: Elizabeth A. Green
Represented By: Jonathan S Seminer
Represented By: William H. Cantwell, II
Represented By: Michael R. Riemenschneider
Represented By: Jimmy D. Parrish
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Defendant: FM Investments, LLC
Represented By: Elizabeth A. Green
Represented By: William H. Cantwell, II
Represented By: Michael R. Riemenschneider
Represented By: Jimmy D. Parrish
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Defendant: FM Bayberry Cove Holding, LLC
Represented By: Elizabeth A. Green
Represented By: William H. Cantwell, II
Represented By: Michael R. Riemenschneider
Represented By: Jimmy D. Parrish
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