Branch Banking and Trust Company v. Parker et al
| Branch Banking and Trust Company |
| Robert J. Parker and Janis J. Parker |
| Bank of America, SunTrust Bank, Wells Fargo Bank and JPMorgan Chase Bank, N.A. |
| 6:2012cv00539 |
| April 9, 2012 |
| US District Court for the Middle District of Florida |
| Orlando Office |
| Osceola |
| David A Baker |
| Roy B Dalton |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| None |
Docket Report
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Filing 147
ORDERED that the stay of this action is LIFTED. The Clerk is DIRECTED to close the case. Signed by Judge Roy B. Dalton, Jr. on 11/25/2014. (VMF)
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| Filing 146 Ex Parte RESPONSE TO ORDER TO SHOW CAUSE re #145 Order to show cause filed by Branch Banking and Trust Company. (Lienhart, David) Modified on 11/26/2014 (LMM). |
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Filing 145
ORDER to show cause the Court should not lift the stay pursuant to 11 U.S.C. 362(c)(2) and close this case. Show Cause Response due by 11/24/2014. Signed by Judge Roy B. Dalton, Jr. on 11/12/2014. (VMF)
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Filing 144
ORDER. Re #141 JOINT Notice of voluntary dissolution of writs of garnishment is granted. Signed by Magistrate Judge David A. Baker on 9/29/2014. (LAK)
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| Filing 143 Remark: Document 141 and 142 are referred to Magistrate Judge Baker. (VMF) |
| Filing 142 STATUS report re: #129 Order by Branch Banking and Trust Company. (Attachments: #1 Exhibit A - Chapter 11 Plan, #2 Exhibit B - Confirmation Order)(Lienhart, David) Modified on 9/25/2014 (LMM). |
| Filing 141 NOTICE by Branch Banking and Trust Company re #75 Notice of exparte filing, #76 Notice of exparte filing, #73 Notice of exparte filing, #77 Notice of exparte filing, #71 Notice of exparte filing, #140 Stipulation, #78 Notice of exparte filing, #74 Notice of exparte filing, #72 Notice of exparte filing JOINT NOTICE OF VOLUNTARY DISSOLUTION OF WRITS OF GARNISHMENT AND STIPULATION WITH RESPECT TO SAME (Lienhart, David) |
| Filing 140 STIPULATION re #133 Notice (Other), #132 Notice (Other), #131 Notice (Other), #134 Notice (Other) Writs of Garnishment by Branch Banking and Trust Company, Janis J. Parker, Robert J. Parker. (Lienhart, David) Modified on 5/9/2014 (LMM). |
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Filing 139
ORDER denying without prejudice #136 Motion to Reopen Case and Motion for relief from judgment; denying as moot #137 Motion to extend time and Motion for Extension of Time to File Response/Reply. Signed by Judge Roy B. Dalton, Jr. on 5/5/2014. (VMF)
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| Filing 138 RESPONSE in Opposition re #137 MOTION for 14 day Extension of Time to File Response as to #136 MOTION to Reopen Case and MOTION for relief from judgment re #51 Judgment Pursuant to Federal Rule of Civil Procedure 60(b)(1), (b)(3), and/or (b)(6) and Memorandum of filed by Janis J. Parker, Robert J. Parker. (Payne, Tiffany) Modified on 4/30/2014 (LMM). |
| Filing 137 MOTION for 14 day Extension of Time to File Response/Reply as to #136 MOTION to Reopen Case and MOTION for relief from judgment re #51 Judgment Pursuant to Federal Rule of Civil Procedure 60(b)(1), (b)(3), and/or (b)(6) and Memorandum of Law by Branch Banking and Trust Company. (Lienhart, David) Modified on 4/29/2014 (MAL). Modified on 4/29/2014 (LMM). |
| Filing 136 MOTION to Reopen Case and, MOTION for relief from judgment re #51 Judgment Pursuant to Federal Rule of Civil Procedure 60(b)(1), (b)(3), and/or (b)(6) and Memorandum of Law by Janis J. Parker, Robert J. Parker. (Attachments: #1 Exhibit Affidavit of Albert Bartolone, #2 Exhibit Amortization - Example 1, #3 Exhibit Amortization - Example 2, #4 Exhibit Affidavits of Mrs. Janis Parker, #5 Exhibit Affidavits of Mrs. Janis Perker's Children, #6 Exhibit Correspondence between Counsel to the Plaintiff and Defendants, #7 Exhibit Motion for 2004 Exam, 2004 Exam Order, Plaintiff's Motion for Reconsideration and Defendant's Respons to Motion for Reconsi9deration, #8 Exhibit Plan of Reorganization by Robert & Janis Parker (Case No. 6:13-bk-11798-CCJ), #9 Exhibit Plaintiff's Proof of Claim (Case No. 6:13-bk-11798-CCJ))(Payne, Tiffany) |
| Filing 135 STATUS report re: #129 Order by Branch Banking and Trust Company. (Lienhart, David) Modified on 3/26/2014 (LMM). |
| Filing 134 NOTICE Extension of Writs of Garnishment and Certificate of Service by Branch Banking and Trust Company re #75 Notice of exparte filing, #80 Writ returned, #81 Writ returned (Lienhart, David) Modified on 12/10/2013 (MAL). |
| Filing 133 NOTICE Extension of Writs of Garnishment and Certificate of Service by Branch Banking and Trust Company re #84 Writ returned, #77 Notice of exparte filing, #85 Writ returned, #72 Notice of exparte filing (Lienhart, David) Modified on 12/10/2013 (MAL). |
| Filing 132 NOTICE Extension of Writs of Garnishment and Certificate of Service by Branch Banking and Trust Company re #76 Notice of exparte filing, #87 Writ returned, #74 Notice of exparte filing, #86 Writ returned (Lienhart, David) Modified on 12/10/2013 (MAL). |
| Filing 131 NOTICE Extension of Writs of Garnishment and Certificate of Service by Branch Banking and Trust Company re #73 Notice of exparte filing, #82 Writ returned, #83 Writ returned, #78 Notice of exparte filing (Lienhart, David) Modified on 12/10/2013 (MAL). |
| Filing 130 NOTICE canceling Evidentiary Hearing on Claims of Exemption previously scheduled for 10/2/13 in light of the order staying the case.(EC1) |
| Case Stayed. (LMM) |
| Set/reset deadlines Status Report due by 3/25/2014. (LMM) |
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Filing 129
ORDER staying case. Status report due on March 25, 2014 and every 6 months therafter. Signed by Judge Roy B. Dalton, Jr. on 9/26/2013. (VMF) Modified on 11/6/2013 (VMF).
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| Filing 128 SUGGESTION of Pendency of Reorganization Proceeding by Janis J. Parker, Robert J. Parker. (Payne, Tiffany) |
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Filing 127
ORDER. #118 MOTION for protective order and request for expedited ruling is granted in part and denied in part. Signed by Magistrate Judge David A. Baker on 9/17/2013. (LAK) Modified to correct motion # on 9/18/2013 (LAK).
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| Filing 126 RESPONSE to Motion re #118 MOTION for protective order In Response to Plaintiff's First Request for Production of Documents to Garnishee, Bank of Ameria, N.A. Response in Partial Opposition and Request for Expedited Ruling filed by Branch Banking and Trust Company. (Lienhart, David) |
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Filing 125
ENDORSED ORDER denying as moot #121 Motion to Withdraw as Attorney ; granting #124 Motion to extend time. Signed by Magistrate Judge David A. Baker on 9/11/2013. (Baker, David)
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| Filing 124 Unopposed MOTION to extend time to 9/20/13 to file claims of exemption for defendants by Janis J. Parker, Robert J. Parker. (Payne, Tiffany) Motions referred to Magistrate Judge David A. Baker. Modified on 9/11/2013 (CH). |
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Filing 123
ENDORSED ORDER granting #122 Motion to Appear Telephonically. Signed by Magistrate Judge David A. Baker on 9/9/2013. (Baker, David)
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| Filing 122 MOTION to Appear Telephonically by Bank of America. (Cordano, Miguel) Motions referred to Magistrate Judge David A. Baker. |
| Filing 121 MOTION for Aldo G. Bartolone, Jr., Esq. to withdraw as attorney for Defendants, Robert J. Parker and Janis J. Parker by Janis J. Parker, Robert J. Parker. (Bartolone, Aldo) Motions referred to Magistrate Judge David A. Baker. |
| Filing 120 NOTICE of hearing: Evidentiary Hearing on the Parkers' Claims of Exemption is set for 10/2/2013 at 10:00 AM in Orlando Courtroom 6 D before Magistrate Judge David A. Baker. (EC1) |
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Filing 119
ORDER disposing of Order to Show Cause, reprimanding Aldo Bartalone, Esq., and allowing his withdrawal from the case, and continuing the Evidentiary Hearing on the Parkers' claims of exemption for 30 days. Signed by Magistrate Judge David A. Baker on 8/30/2013. (EC1)
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| Filing 118 MOTION for protective order In Response to Plaintiff's First Request for Production of Documents to Garnishee, Bank of Ameria, N.A. by Bank of America. (Attachments: #1 Exhibit A)(Spector, Morgan) Motions referred to Magistrate Judge David A. Baker. |
| Filing 117 NOTICE of Appearance by Morgan Fairthorne Spector on behalf of Bank of America (Spector, Morgan) |
| Filing 116 Declarations of Robert and Janis Parker in support re #115 Memorandum Response to order to show cause filed by Janis J. Parker, Robert J. Parker. (CH) (CH). Modified on 8/29/2013 (CH). |
| Filing 115 Memorandum in RESPONSE TO ORDER TO SHOW CAUSE re #113 Order to show cause filed by Janis J. Parker, Robert J. Parker. (CH) |
| Filing 114 RESPONSE re #113 Order to show cause by Aldo G. Bartolone, Jr. (Bartolone, Aldo) |
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Filing 113
ORDER to show cause as to Aldo Bartolone, counsel for Janis J. Parker, Robert J. Parker why he should not be sanctioned for abandonment of his clients and not living up to the professional obligations required by the Florida Bar and the Local Rules of the Middle District of Florida. Show Cause Response due by 8/12/2013. Signed by Magistrate Judge David A. Baker on 7/29/2013. (LAK)
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| Filing 112 Minute Entry. Proceedings held before Magistrate Judge David A. Baker: HEARING on Exempt Funds held on 7/29/2013. Court Reporter: Diane Peede (HSL) |
| Filing 111 NOTICE of Additional Counsel Appearance by David Joseph Lienhart on behalf of Branch Banking and Trust Company (Lienhart, David) |
| Filing 110 CERTIFICATE of service by Branch Banking and Trust Company re #106 Amended Answer to Writ of Garnishment and MOTION for miscellaneous relief, specifically Demand for Garnishment Deposit . (Thomas, Shayne) |
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Filing 109
ORDER granting #106 Motion for payment of garnishment fee. The Clerk is directed to remit $100.00 from the Court's registry for Garnishee Wells Fargo Bank's attorneys' fees and costs. Signed by Magistrate Judge David A. Baker on 7/22/2013. (LAK)
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| Filing 108 NOTICE by Branch Banking and Trust Company OF FILING SWORN STATEMENTS CONTESTING CLAIMS OF EXEMPTION (Thomas, Shayne) |
| Filing 107 CERTIFICATE of service by Branch Banking and Trust Company re #104 Answer to Writ of Garnishment . (Thomas, Shayne) |
| Filing 106 Amended Answer to Writ of Garnishment and MOTION for miscellaneous relief, specifically Demand for Garnishment Deposit RE #75 Writ of Garnishment as to Robert J. Parker by Wells Fargo Bank. (Kent, John) Modified on 7/19/2013 (CH). |
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Filing 105
ORDER granting #102 Motion for Hearing on claim of exemption; granting #103 Motion for Hearing on claim of exemption. Status conference set for 7/29/23 at 10:00 am before Magistrate Judge David A. Baker. Signed by Magistrate Judge David A. Baker on 7/18/2013. (LAK)
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| Set hearings: Status Conference set for 7/29/2013 at 10:00 AM in Orlando Courtroom 6 D before Magistrate Judge David A. Baker (LAK) |
| Filing 104 ANSWER to Writ of Garnishment re #75 Writ of Garnishment Robert J. Parker and Demand for Garnishment Deposit by Wells Fargo Bank. (Kent, John) Modified on 7/19/2013 (CH). |
| Filing 103 Claim of exemption and Request/MOTION for Hearing re #76 Writ of Garnishment, #74 Writ of Garnishment, #98 Anwer to writ of Garnishment by Janis J. Parker, Robert J. Parker. (CH) Motions referred to Magistrate Judge David A. Baker. FILED PRO-SE |
| Filing 102 Claim of Exemption and Request/ MOTION for Hearing re #73 Writ of Garnishment, #78 Writ of Garnishment, #88 Answer to Writ of Garnishment,#94 Answer to Writ of Garnishment by Janis J. Parker, Robert J. Parker. (CH) Motions referred to Magistrate Judge David A. Baker. FILED PRO-SE |
| Filing 101 CERTIFICATE of service by Branch Banking and Trust Company . (Thomas, Shayne) |
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Filing 100
ORDER granting #97 Motion for paymnet of garnishment fee; granting #98 Motion for payment of garmishment fee. The Clerk is directed to remit $100.00 from the Court's registry for SunTrust bank and Wells Fargo bank. Signed by Magistrate Judge David A. Baker on 7/8/2013. (LAK)
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| Filing 99 CERTIFICATE of service by Branch Banking and Trust Company re #97 ANSWER to Writ of Garnishment and MOTION for miscellaneous relief, specifically Demand for Garnishment Deposit, #98 ANSWER to Writ of Garnishment and MOTION for miscellaneous relief, specifically Demand for Garnishment Deposit . (Thomas, Shayne) |
| Filing 98 ANSWER to Writ of Garnishment and MOTION for miscellaneous relief, specifically Demand for Garnishment Deposit re #74 Writ of Garnishment Janice J.Parker and #76 Writ of Garnishment Robert J. Parker by Suntrust Bank . (Barry, John)Suntrust bank. Modified on 7/5/2013 (CH). |
| Filing 97 ANSWER to Writ of Garnishment and MOTION for miscellaneous relief, specifically Demand for Garnishment Deposit re #71 Writ of Garnishment Janice J. Parker by Wells Fargo Bank. (Kent, John) Modified on 7/3/2013 (CH). |
| Filing 96 BILL OF COSTS taxed against Robert J. Parker and Janice J. Parker in the amount of $445.00. Signed by Deputy Clerk. (CH) |
| Filing 95 CERTIFICATE of service by Branch Banking and Trust Company re #94 Answer to Writ of Garnishment . (Thomas, Shayne) |
| Filing 94 AMENDED ANSWER to Writ of Garnishment re #89 Answer to Writ of Garnishment by Bank of America. (Jhones, Ana) Modified on 6/25/2013 (CH). |
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Filing 93
ORDER granting #79 Motion for payment of garnishment fee; granting #89 Motion for payment of garnishment fee; granting #90 Motion for payment of garnishment fee. Signed by Magistrate Judge David A. Baker on 6/24/2013. (LAK)
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| Filing 92 SUGGESTION of Bankruptcy by Janis J. Parker, Robert J. Parker. (Bartolone, Aldo) |
| Filing 91 CERTIFICATE of service by Branch Banking and Trust Company re #75 Notice of exparte filing, #76 Notice of exparte filing, #73 Notice of exparte filing, #56 EXPARTE MOTION for Writ of Garnishment Chase Bank, #89 ANSWER to Writ of Garnishment as to ROBERT J.. PARKER and Demand for Attorney Fees, #77 Notice of exparte filing, #66 EXPARTE MOTION for Writ of Garnishment - Suntrust Bank, #90 Amended ANSWER to Writ of Garnishment as to Janice J. Parker re #88 and demand for Attorney Fees by Bank of America, #54 EXPARTE MOTION for Writ of Garnishment, #88 Answer to Writ of Garnishment, #64 EXPARTE MOTION for Writ of Garnishment - Chase Bank, #71 Notice of exparte filing, #79 ANSWER to Writ of Garnishment and MOTION for miscellaneous relief, specifically for garnishment fee, #62 EXPARTE MOTION Motion for Writ of Garnishment - Bank of America, #60 EXPARTE MOTION for Writ of Garnishment - Suntrust Bank, #78 Notice of exparte filing, #74 Notice of exparte filing, #68 EXPARTE MOTION for Writ of Garnishment - Wells Fargo Bank, #72 Notice of exparte filing, #58 EXPARTE MOTION for Writ of Garnishment - Wells Fargo Bank . (Thomas, Shayne) |
| Filing 90 Amended ANSWER to Writ of Garnishment as to Janice J. Parker re #88 and Demand for Attorney Fees by Bank of America. (Jhones, Ana) Modified on 6/21/2013 (CH). Modified on 6/21/2013 (CH). |
| Filing 89 ANSWER to Writ of Garnishment as to ROBERT J.. PARKER and Demand for Attorney Fees by Bank of America. (Attachments: #1 Text of Proposed Order)(Jhones, Ana) Modified on 6/21/2013 (CH). Modified on 6/21/2013 (CH). |
| Filing 88 ANSWER to Writ of Garnishment as to Janice J. Parker by Bank of America. (Attachments: #1 Text of Proposed Order)(Jhones, Ana) Modified on 6/21/2013 (CH). |
| Filing 87 WRIT of Garnishment returned Executed on 6/14/2013 as to SunTrust Bank. (Jensen, W.) Modified on 6/21/2013 (CH). |
| Filing 86 WRIT of Garnishment returned Executed on 6/14/2013 as to SunTrust Bank. (Jensen, W.) Modified on 6/21/2013 (CH). |
| Filing 85 WRIT of Garnishment returned Executed on 6/14/2013 as to Chase Bank. (Jensen, W.) Modified on 6/21/2013 (CH). |
| Filing 84 WRIT of Garnishment returned Executed on 6/14/2013 as to Chase Bank. (Jensen, W.) Modified on 6/21/2013 (CH). |
| Filing 83 WRIT of Garnishment returned Executed on 6/14/2013 as to Bank of America N.A.. (Jensen, W.) Modified on 6/21/2013 (CH). |
| Filing 82 WRIT of Garnishment returned Executed on 6/14/2013 as to Bank of America, N.A.. (Jensen, W.) Modified on 6/21/2013 (CH). |
| Filing 81 WRIT of Garnishment returned Executed on 6/14/2013 as to Wells Fargo Bank, N.A.. (Jensen, W.) Modified on 6/21/2013 (CH). |
| Filing 80 WRIT of Garnishment returned Executed on 6/14/2013 as to Wells Fargo Bank, N.A.. (Jensen, W.) Modified on 6/21/2013 (CH). |
| Filing 79 ANSWER to Writ of Garnishment and MOTION for miscellaneous relief, specifically for garnishment fee re #72 Writ of Garnishment as to Janice J. Parker and #77 Writ of Garnishment as to Robert J. Parker by JPMorgan Chase Bank, N.A. (Rochman, Matthew) Modified on 6/20/2013 (LMM). Modified on 7/19/2013 (CH). Modified on 5/15/2014 (AKJ). |
| Filing 78 *** Writ of Garnishment Issued as to Robert J. Parker against Bank Of America, N.A. by Branch Banking and Trust Company. (LMM) |
| Filing 77 ***Writ of Garnishment Issued as to Robert J. Parker against Chase Bank by Branch Banking and Trust Company. (LMM) |
| Filing 76 ***Writ of Garnishment Issued as to Robert J. Parker against Suntrust Bank by Branch Banking and Trust Company. (LMM) |
| Filing 75 ***Writ of Garnishment Issued as to Robert J. Parker against Wells Fargo Bank by Branch Banking and Trust Company. (LMM) |
| Filing 74 ***Writ of Garnishment issued as to Janice J. Parker against SunTrust Bank by Branch Banking and Trust Company. (CH) |
| Filing 73 ***Writ of Garnishment issued as to Janice J. Parker against Bank of America by Branch Banking and Trust Company. (CH) |
| Filing 72 ***Writ of Garnishment issued as to Janice J. Parker against Chase Bank by Branch Banking and Trust Company. (CH) |
| Filing 71 ***Writ of Garnishment issued as to Janice J. Parker Against Wells Fargo Bank, N.A. by Branch Banking and Trust Company. (CH) |
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Filing 70
ORDER granting ex parte motions at #54, #55, #56, #57, #58, #59, #60, #61, #62, #63, #64, #65, #67, #68, #69. Signed by Judge Roy B. Dalton, Jr. on 6/11/2013. (VMF)
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| Filing 69 EXPARTE MOTION Special Process Server - Wells Fargo Bank by Branch Banking and Trust Company. (CH) Motions referred to Magistrate Judge David A. Baker. |
| Filing 68 EXPARTE MOTION for Writ of Garnishment - Wells Fargo Bank by Branch Banking and Trust Company..( $100.00 Reg fee paid RC#25819) (Attachments: #1 Exhibits A & B)(CH) Motions referred to Magistrate Judge David A. Baker. RE Janice J. Parker. Modified on 6/7/2013 (CH). |
| Filing 67 EXPARTE MOTION Special Process Server - Suntrust Bank by Branch Banking and Trust Company. (CH) Motions referred to Magistrate Judge David A. Baker. |
| Filing 66 EXPARTE MOTION for Writ of Garnishment - Suntrust Bank by Branch Banking and Trust Company..( $100.00 Reg fee paid RC#25819) (Attachments: #1 Exhibits A & B)(CH) Motions referred to Magistrate Judge David A. Baker. RE Janice J. Parker. Modified on 6/7/2013 (CH). |
| Filing 65 EXPARTE MOTION Special Process Server - Chase Bank by Branch Banking and Trust Company. (CH) Motions referred to Magistrate Judge David A. Baker. |
| Filing 64 EXPARTE MOTION for Writ of Garnishment - Chase Bank by Branch Banking and Trust Company..( $100.00 Reg fee paid RC#25819) (Attachments: #1 Exhibits A & B)(CH) Motions referred to Magistrate Judge David A. Baker. RE Janice J. Parker. Modified on 6/7/2013 (CH). |
| Filing 63 EXPARTE MOTION Appoint Special Process Server - Bank of America by Branch Banking and Trust Company. (CH) Motions referred to Magistrate Judge David A. Baker. |
| Filing 62 EXPARTE MOTION Motion for Writ of Garnishment - Bank of America by Branch Banking and Trust Company..( $100.00 Reg fee paid RC#25819) (Attachments: #1 Exhibits A & B)(CH) Motions referred to Magistrate Judge David A. Baker. RE Janice J. Parker. Modified on 6/7/2013 (CH). |
| Filing 61 EXPARTE MOTION Appoint Special Process Server - Suntrust Bank by Branch Banking and Trust Company. (CH) Motions referred to Magistrate Judge David A. Baker. |
| Filing 60 EXPARTE MOTION for Writ of Garnishment - Suntrust Bank by Branch Banking and Trust Company.( $100.00 Reg fee paid RC#25819) (Attachments: #1 Exhibits A & B)(CH) Motions referred to Magistrate Judge David A. Baker. RE Robert J. Parker. Modified on 6/7/2013 (CH). |
| Filing 59 EXPARTE MOTION Appoint Special Process Server - Wells Fargo Bank by Branch Banking and Trust Company. (CH) Motions referred to Magistrate Judge David A. Baker. |
| Filing 58 EXPARTE MOTION for Writ of Garnishment - Wells Fargo Bank by Branch Banking and Trust Company..( $100.00 Reg fee paid RC#25819) (Attachments: #1 Exhibits A & B)(CH) Motions referred to Magistrate Judge David A. Baker. RE Robert J. Parker. Modified on 6/7/2013 (CH). |
| Filing 57 EXPARTE MOTION Appoint Special Process Server - Chase Bank by Branch Banking and Trust Company. (CH) Motions referred to Magistrate Judge David A. Baker. |
| Filing 56 EXPARTE MOTION for Writ of Garnishment Chase Bank by Branch Banking and Trust Company..( $100.00 Reg fee paid RC#25819) (Attachments: #1 Exhibits A & B)(CH) Motions referred to Magistrate Judge David A. Baker. RE Robert J. Parker. Modified on 6/7/2013 (CH). |
| Filing 55 EXPARTE MOTION Special Process Server by Branch Banking and Trust Company. (CH) Motions referred to Magistrate Judge David A. Baker. |
| Filing 54 EXPARTE MOTION for Writ of Garnishment as to Bank of America by Branch Banking and Trust Company. (Attachments: #1 Exh A & B)(CH) Motions referred to Magistrate Judge David A. Baker.( $100.00 Reg fee paid RC#25819) RE Robert J. Parker. Modified on 6/7/2013 (CH). |
| Filing 53 PROPOSED BILL OF COSTS by Branch Banking and Trust Company. (Thomas, Shayne) |
| Filing 52 MOTION for Attorney Fees Branch Banking and Trust Company's Motion for Attorneys' Fees and Taxation of Costs by Branch Banking and Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B)(Thomas, Shayne) |
| Filing 51 JUDGMENT in favor of Branch Banking and Trust Company against Janis J. Parker, Robert J. Parker Signed by Judge Roy B. Dalton, Jr. on 5/10/2013. (VMF) |
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Filing 50
ORDER granting #48 Motion. Signed by Judge Roy B. Dalton, Jr. on 5/10/2013. (VMF)
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| Filing 49 NOTICE Notice of Pending Motion by Branch Banking and Trust Company re #48 MOTION for miscellaneous relief, specifically Branch Banking and Trust Company's Motion for Entry of Final Judgment (Thomas, Shayne) Modified on 5/13/2013 (LMM). |
| Filing 48 MOTION for miscellaneous relief, specifically Branch Banking and Trust Company's Motion for Entry of Final Judgment by Branch Banking and Trust Company. (Thomas, Shayne) Motions referred to Magistrate Judge David A. Baker. |
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Filing 47
ORDER adopting in part #45 Report and Recommendations. Signed by Judge Roy B. Dalton, Jr. on 3/12/2013. (VMF)
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| Filing 46 NOTICE of Intent to File Proposed Final Judgment with Updated Pay-Off Figures by Branch Banking and Trust Company (Thomas, Shayne) Modified on 3/11/2013 (LMM). |
| Filing 45 REPORT AND RECOMMENDATIONS that #32 MOTION for summary judgment be granted. Additionally, #41 MOTION to compel is denied as moot and #43 MOTION for sanctions is denied as moot. Signed by Magistrate Judge David A. Baker on 2/22/2013. (LAK) |
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Filing 44
ORDER to show cause as to Janis J. Parker, Robert J. Parker and attorney Aldo G. Bartolone why they should not be sanctioned for their failure to appear at the scheduled Mediation on January 18, 2013. Signed by Magistrate Judge David A. Baker on 1/24/2013. (LAK)
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| Filing 43 MOTION for sanctions by Branch Banking and Trust Company. (Attachments: #1 Exhibit A)(Thomas, Shayne) Motions referred to Magistrate Judge David A. Baker. |
| Filing 42 MEDIATION REPORT. Mediation did not take place.(Jensen, W.) Modified on 1/22/2013 (LMM). |
| Filing 41 MOTION to compel Discovery Responses by Branch Banking and Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Thomas, Shayne) Motions referred to Magistrate Judge David A. Baker. |
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Filing 40
ORDER denying without prejudice #38 Motion to compel. Defendants have agreed to provide responses by 12/31/12; granting in part#39 Motion to extend time. Discovery deadline is reset to January 30, 2013 signed by Magistrate Judge David A. Baker on 12/21/2012. (AKJ)
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| Filing 39 Joint MOTION to extend time through February 19, 2012 Discovery Deadline MOTION FOR EXTENSION OF DISCOVERY DEADLINE by Branch Banking and Trust Company. (Thomas, Shayne) Motions referred to Magistrate Judge David A. Baker. Modified on 12/21/2012 (CH). |
| Filing 38 MOTION to compel Discovery Responses by Branch Banking and Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Thomas, Shayne) Motions referred to Magistrate Judge David A. Baker. |
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Filing 37
ORDER granting #36 Motion for extension of time to file response to #32 MOTION for summary judgment ( Responses due by 12/28/2012). Signed by Magistrate Judge David A. Baker on 12/4/2012. (LAK)
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| Filing 36 MOTION to extend time until 12/28/12 to file memoranda and affidavits in opposition to #32 Motion for summary judgment, and MOTION for extension of time until 12/28/12 to file response/reply as to #32 MOTION for summary judgment by Janis J. Parker, Robert J. Parker. (Bartolone, Aldo) Motions referred to Magistrate Judge David A. Baker. Modified on 11/14/2012 (JET). (ATTORNEY FILED THIS AS 2 SEPARATE MOTIONS FOR EXTENSION OF TIME.) |
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Filing 35
MILBURN ORDER re #32 MOTION for summary judgment filed by Branch Banking and Trust Company Signed by Magistrate Judge David A. Baker on 11/1/2012. CTP.(PML)
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Filing 34
CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Magistrate Judge David A. Baker on 10/16/2012. (LAK)
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| Filing 33 Minute Entry. Proceedings held before Magistrate Judge David A. Baker: PRELIMINARY PRETRIAL CONFERENCE held on 10/16/2012. (digital) (HSL) |
| CASE REFERRED to mediation; Mark Walker appointed Mediator. (JET) |
| Set/reset scheduling order deadlines: Amended Pleadings due by 8/10/2012, Joinder of Parties due by 8/10/2012, Discovery due by 12/21/2012, Dispositive motions due by 1/15/2013, Pretrial statement due by 3/25/2013, All other motions due by 4/1/2013, Bench Trial set for 5/1/2013 at 09:00 AM before Judge Roy B. Dalton, Jr. Conduct mediation hearing by 1/18/2013. Lead counsel to coordinate dates. Defendant disclosure of expert report due by 11/1/2012, Plaintiff disclosure of expert report due by 10/1/2012 (JET) |
| Filing 32 MOTION for summary judgment by Branch Banking and Trust Company. (Attachments: #1 Exhibit A)(Thomas, Shayne) Motions referred to Magistrate Judge David A. Baker. |
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Filing 31
ORDER granting #30 Motion to reschedule preliminary pretrial conference.This hearing will be held 10/16/12 at 9:30 a.m. in courtroom 6D. Signed by Magistrate Judge David A. Baker on 10/1/2012. (LAK)
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| Reset hearings: Preliminary Pretrial Conference set for 10/16/2012 at 09:30 AM in Orlando Courtroom 6 D before Magistrate Judge David A. Baker. (LAK) |
| Filing 30 Unopposed MOTION for miscellaneous relief, specifically to Reschedule Preliminary Pretrial Conference to either 10/15/12 or 10/16/12 by Branch Banking and Trust Company. (Thomas, Shayne) Motions referred to Magistrate Judge David A. Baker. Modified on 10/1/2012 (CH). |
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Filing 29
ORDER scheduling Preliminary Pretrial Conference set for 10/22/2012 at 10:00 AM in Orlando Courtroom 6 D before Magistrate Judge David A. Baker. Signed by Magistrate Judge David A. Baker on 9/27/2012. (LAK)
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| Filing 28 AMENDED COMPLAINT against All Defendants filed by Branch Banking and Trust Company. Related document: #1 Complaint filed by Branch Banking and Trust Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Thomas, Shayne) |
| Filing 27 ANSWER and affirmative defenses to re #28 Amended Complaint by Janis J. Parker, Robert J. Parker.(Bartolone, Aldo) Modified on 9/11/2012 (MAL). |
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Filing 26
ENDORSED ORDER granting #25 Motion for leave to file. Counsel shall electronically file the amended pleading as a separate docket entry within seven days. Signed by Magistrate Judge David A. Baker on 8/28/2012. (Baker, David)
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| Filing 25 Unopposed MOTION for leave to file Unopposed Motion for Leave to File Amended Complaint by Branch Banking and Trust Company. (Attachments: #1 Exhibit A)(Thomas, Shayne) Motions referred to Magistrate Judge David A. Baker. |
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Filing 24
ORDER (Doc 23) of August 24, 2012 is VACATED. The Motion to Dismiss (Doc 14) is DENIED. Signed by Judge Roy B. Dalton, Jr. on 8/24/2012. (VMF)
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Filing 23
VACATED per #24 - ORDER adopting #19 Report and Recommendations. This case is hereby DISMISSED. The Clerk of Court is directed to close the file. Signed by Judge Roy B. Dalton, Jr. on 8/23/2012. (VMF) *Modified text on 8/27/2012 (MAA).
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| Filing 22 STIPULATION ALLOWING BRANCH BANKING AND TRUST COMPANY TO FILE ITS AMENDED COMPLAINT by Branch Banking and Trust Company. (Attachments: #1 Exhibit A)(Thomas, Shayne) *Modified text/event on 8/24/2012 (MAA). Modified on 8/24/2012 to remove the word Motion per chambers (AKJ). *Terminated motion for chambers on 9/4/2012 .(MAA). |
| Filing 21 ANSWER and affirmative defenses to #1 Complaint by Janis J. Parker, Robert J. Parker.(Bartolone, Aldo) |
| Filing 20 NOTICE of Appearance by Aldo G. Bartolone, Jr on behalf of Janis J. Parker, Robert J. Parker (Bartolone, Aldo) |
| Filing 19 REPORT AND RECOMMENDATION that #14 MOTION to dismiss for lack of jurisdiction be denied. Signed by Magistrate Judge David A. Baker on 7/26/2012. (LAK) |
| Filing 18 Remark: Document Number 17 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 7/10/2012. (RMN) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Janis J. Parker and Robert J. Parker. (PML) |
| Filing 16 CASE MANAGEMENT REPORT. (Thomas, Shayne) |
| Filing 15 RESPONSE in opposition re #14 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim Upon Which Relief Can Legally be Granted with Supporting Memorandum of Law filed by Branch Banking and Trust Company. (Martin, Shane) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Janis J. Parker and Robert J. Parker. (Filed pro se) (RDO) Motion referred to Magistrate Judge David A. Baker. |
| Reset deadline for Janis J. Parker. Answer due by 5/23/2012. (CBH) |
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Filing 13
ORDER granting #12 Motion for extension of time to answer or respond; re #1 Complaint. Signed by Magistrate Judge David A. Baker on 5/18/2012. (LAK)
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| Filing 12 MOTION for extension of time to file answer re #1 Complaint by Janis J. Parker. (PML) Motions referred to Magistrate Judge David A. Baker. |
| Filing 11 Remark: Document Number 10 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 5/14/2012. (RMN) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement by Branch Banking and Trust Company identifying Corporate Parent Branch Banking, Other Affiliate W. Glenn Jensen, Other Affiliate Colonial Bank, N.A., Other Affiliate Federal Deposit Insurance Corporation, as receiver for Colonial Bank, Other Affiliate Shayne A. Thomas for Branch Banking and Trust Company.. (Thomas, Shayne) |
| Filing 9 NOTICE of pendency of related cases re #5 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 (Thomas, Shayne) |
| RESET deadline for Robert J. Parker: Answer due by 5/23/2012. (CBH) |
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Filing 8
ORDER granting in part #7 Motion for extension of time to answer or respond as to Robert Parker only. Janis Parker must file a separate Answer or Motion to Extend Time within 7 days from the date of this order signed by Magistrate Judge David A. Baker on 5/4/2012. (copy mailed to pro se parties) (AKJ)
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| Filing 7 MOTION for extension of time to file answer re #1 Complaint by Robert J. Parker. (PML) Motions referred to Magistrate Judge David A. Baker. |
| CASE REFERRED to Magistrate Judge David A. Baker for a report and recommendation. (CBH) |
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Filing 6
ORDER referring this case to the Magistrate Judge for a report and drecommendation. Signed by Judge Roy B. Dalton, Jr. on 4/27/2012. (VMF)
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| Filing 5 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 4/26/2012. (Attachments: #1 Attachment, #2 Attachment)(VMF) |
| Filing 4 RETURN of service executed on 04-11-12 by Branch Banking and Trust Company as to Robert J. Parker. (Jensen, W.) |
| Filing 3 RETURN of service executed on 04-11-12 by Branch Banking and Trust Company as to Janis J. Parker. (Jensen, W.) |
| Filing 2 Summons issued as to Janis J. Parker and Robert J. Parker. (PML) |
| Filing 1 COMPLAINT against Janis J. Parker and Robert J. Parker filed by Branch Banking and Trust Company (Filing fee $ 350 receipt number ORL15985) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B & C, #4 Exhibit D & E)(PML) |
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