THE PUTNAM GROUP LLC v. FIRST CITIZENS BANK AND TRUST COMPANY INC

Justia Dockets & Filings Eleventh Circuit Georgia Middle District THE PUTNAM GROUP LLC v. FIRST CITIZENS BANK AND TRUST COMPANY INC

THE PUTNAM GROUP LLC v. FIRST CITIZENS BANK AND TRUST COMPANY INC

Plaintiff:	THE PUTNAM GROUP LLC
Defendant:	FIRST CITIZENS BANK AND TRUST COMPANY INC
Case Number:	5:2017cv00067
Filed:	February 15, 2017
Court:	US District Court for the Middle District of Georgia
Office:	Macon Office
County:	Putnam
Presiding Judge:	MARC THOMAS TREADWELL
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1346
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 16, 2018	Filing 53 ORDER DENYING 24 & 25 Motion to Disqualify Counsel. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/16/2018. (tlh)
May 18, 2017	Filing 11 ORDER DENYING 4 Motion to Dismiss Complaint. Putnam is responsible in part for the Bank's exercise in futility. Local Rule 33.3 directed Putnam to file RICO interrogatories with the complaint identifyin g which subsection (or subsections) of 18 U.S.C. § 1962 it relied on. M.D. Ga. LR 33.3. Putnam did not file the required RICO interrogatories with the complaint. Three months after filing the complaint and after a reminder by the Court, Putna m filed the interrogatories, but they still fail to identify [w]hether the alleged unlawful conduct is a violation of 18 U.S.C. § 1962(a), (b), (c), (d), or a combination thereof. Doc. 10 at 1. Accordingly, Putnam is ORDERED to file a suppleme nt to the interrogatories correcting this omission by May 31, 2017. Also, if Putnam is asserting a 18 U.S.C. § 1962(c) RICO claim, Putnam is ORDERED to provide, also by May 31, 2017, authority to support the position that its bare assertions of the existence of unidentified agents orchestrating the consent orders with the Bank state a plausible claim that a person employed by or associated with [an] enterprise... conduct[ed] or participate[d], directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity under 18 U.S.C. § 1962(c). Putnam should also address why the orchestration of two consent orders over several months is sufficient to state a claim for either an open or closed-ended pattern of racketeering activity. The Bank shall provide any contrary authority by June 9, 2017. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/18/2017. (tlh)

Date Filed

Document Text

January 16, 2018

Filing 53 ORDER DENYING 24 & 25 Motion to Disqualify Counsel. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 1/16/2018. (tlh)

May 18, 2017

Filing 11 ORDER DENYING 4 Motion to Dismiss Complaint. Putnam is responsible in part for the Bank's exercise in futility. Local Rule 33.3 directed Putnam to file RICO interrogatories with the complaint identifyin g which subsection (or subsections) of 18 U.S.C. § 1962 it relied on. M.D. Ga. LR 33.3. Putnam did not file the required RICO interrogatories with the complaint. Three months after filing the complaint and after a reminder by the Court, Putna m filed the interrogatories, but they still fail to identify [w]hether the alleged unlawful conduct is a violation of 18 U.S.C. § 1962(a), (b), (c), (d), or a combination thereof. Doc. 10 at 1. Accordingly, Putnam is ORDERED to file a suppleme nt to the interrogatories correcting this omission by May 31, 2017. Also, if Putnam is asserting a 18 U.S.C. § 1962(c) RICO claim, Putnam is ORDERED to provide, also by May 31, 2017, authority to support the position that its bare assertions of the existence of unidentified agents orchestrating the consent orders with the Bank state a plausible claim that a person employed by or associated with [an] enterprise... conduct[ed] or participate[d], directly or indirectly, in the conduct of such enterprise's affairs through a pattern of racketeering activity under 18 U.S.C. § 1962(c). Putnam should also address why the orchestration of two consent orders over several months is sufficient to state a claim for either an open or closed-ended pattern of racketeering activity. The Bank shall provide any contrary authority by June 9, 2017. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/18/2017. (tlh)

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Plaintiff: THE PUTNAM GROUP LLC
Represented By:	BEN F WINDHAM
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Defendant: FIRST CITIZENS BANK AND TRUST COMPANY INC
Represented By:	MICHAEL JOSEPH ERNST
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