Bond Safeguard Insurance Company v. Ward et al
| Bond Safeguard Insurance Company |
| Diane Elizabeth Ward and James Robert Ward |
| Leigh R. Meininger |
| 1:2009cv01858 |
| July 10, 2009 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| XX US, Outside State |
| Richard W Story |
| P.I.: Other |
| 28 U.S.C. § 1391 |
| None |
Docket Report
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This docket was last retrieved on May 20, 2013. A more recent docket listing may be available from PACER.
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| Filing 50 Mail Returned as Undeliverable. Mail sent to Elizabeth A. Green re #49 Order. (cem) |
Filing 49
ORDER granting #48 Stipulation for Entry of Order Dissolving Writ of Attachment and Dismissing this Case with Prejudice. It is hereby ORDERED: 1. The Writ of Attachment issued on October 8, 2009 (Doc. No. 46) is hereby dissolved. 2. This case is dismissed with prejudice, with each party bearing their own attorneys' fees and costs. Any pending motions are denied as moot. The clerk is directed to close this file. Signed by Judge Richard W. Story on 5/9/2013. (cem)
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| Clerks Certificate of Mailing as to Daniel M. Landis, Elizabeth A. Green, Nicolette Corso Vilmos and Roy S. Kobert re #49 Order. (cem) |
| Submission of #48 Proposed Stipulation for Order Dissolving Writ of Attachment and Dismissing Case With Prejudice, submitted to District Judge Richard W. Story. (anc) |
| Filing 48 Proposed Stipulation for Order Dissolving Writ of Attachment and Dismissing Case With Prejudice by Bond Safeguard Insurance Company. (Attachments: #1 Exhibit Exhibit A Proposed Order)(Menechino, John) Modified on 2/22/2013 in order to update docket text per attorney (anc). |
| Filing 47 NOTICE certifying that the copy of the Attachment, Bond and Affidavit are true copies to be directed to the Sheriff or other levying officer of Rabun County, Georgia. Signed by James N. Hatten, Clerk of the United States District Court on 10/8/2009. (gar) |
| Filing 46 WRIT of Attachment issued as to Defendants, Diane Elizabeth Ward and James Robert Ward, commanding the Marshal of said Court or his lawful deputies, all and singular the Sheriffs or their lawful deputies, and all lawful constables of this State to seize so much of the property as will make the sum of no more $3,750,000.00, inclusive of all costs. (gar) |
| Filing 45 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Roy S. Kobert and Nicolette Corso Vilmos. Clerk to follow-up by 11/9/2009. (jkm) |
| Filing 44 RESPONSE in Opposition re #37 MOTION for Reconsideration re #35 Order on Motion to Strike, filed by James Robert Ward. (Hungeling, David) Modified on 10/8/2009 to correct docket text (gar). |
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Filing 43
ORDER granting Plaintiff's #37 Motion for Reconsideration. The Clerk shall reissue the Writ of Attachment on the property of Defendants. The Attachment Bond previously issued in support of the Attachment shall remain in place. The #38 Motion to Stay and #40 Emergency Motion for Extension of Time to File Response are DENIED. Signed by Judge Richard W. Story on 10/8/2009. (gar)
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| One DVD received as Exhibit B re #41 Response in Opposition to Motion (gar) |
| Filing 42 NOTICE Of Filing Manual Filing of Exhibit B by Bond Safeguard Insurance Company re #41 Response in Opposition to Motion, (Miller, Garrett) |
| Filing 41 RESPONSE in Opposition re #38 MOTION to Stay, #40 Emergency MOTION for Extension of Time to File Response re: #37 MOTION for Reconsideration re #35 Order vacating the #3 Writ of Attachment, filed by Bond Safeguard Insurance Company. (Attachments: #1 Exhibit A - Arrest Affidavit)(Miller, Garrett) Modified on 10/8/2009 to correct docket text (gar). |
| Filing 40 Emergency MOTION for Extension of Time to File Response re: #37 MOTION for Reconsideration re #35 Order vacating the #3 Writ of Attachment, by Diane Elizabeth Ward. (Hill, William) Modified on 10/5/2009 to remove duplicative wording (gar). |
| Filing 39 NOTICE of Joinder to #37 MOTION for Reconsideration re #35 Order Vacating the Writ of Attachment by Leigh R. Meininger (gar) |
| Filing 38 MOTION to Stay by Diane Elizabeth Ward. (Hill, William) |
| Filing 37 MOTION for Reconsideration re #35 Order vacating the #3 Writ of Attachment, with Brief In Support by Bond Safeguard Insurance Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Miller, Garrett) Modified on 9/22/2009 to correct docket text to accurately reflect e-filed pleading (rvb). |
| Filing 36 TRANSCRIPT of Proceedings held on 9/1/09, before Judge Richard W. Story. Court Reporter/Transcriber Sharon D. Upchurch, Telephone number (404) 215-1354. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2009. Redacted Transcript Deadline set for 10/15/2009. Release of Transcript Restriction set for 12/14/2009. (Attachments: #1 Notice of Filing Transcript) (fem) |
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Filing 35
ORDER vacating the #3 Writ of Attachment on the Defendants' property issued on 7/21/2009. Defendants' Emergency Motion for a Hearing is GRANTED nunc pro tunc. Plaintiff's #32 Motion to Strike Affidavits is DENIED. Signed by Judge Richard W. Story on 9/2/2009. (gar)
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| Filing 34 Minute Entry for proceedings held before Judge Richard W. Story: Motion Hearing held on 9/1/2009. #32 Motion to Strike TAKEN UNDER ADVISEMENT. #13 Motion for Hearing GRANTED. Court held a hearing on the Traverse regarding Application for Writ of Application & Affidavit. Taken under advisement. (Court Reporter Sharon Upchurch)(gar) |
| Filing 33 REPLY in Support re #11 Traverse of Diane Elizabeth Ward filed by Diane Elizabeth Ward. (Hill, William) Modified on 9/1/2009 to correct document link and docket text (gar). |
| Filing 32 MOTION to Strike #12 Affidavit of James Robert Ward and Diane Elizabeth Ward with Brief In Support by Bond Safeguard Insurance Company. (Miller, Garrett) |
| Filing 31 RESPONSE re #10 Traverse of James Robert Ward filed by Bond Safeguard Insurance Company. (Attachments: #1 Exhibit Motion to Amend)(Miller, Garrett) |
| Filing 30 RESPONSE re #11 Traverse of Diane Elizabeth Ward filed by Bond Safeguard Insurance Company. (Attachments: #1 Exhibit 1 (Motion to Amend))(Miller, Garrett) Modified on 9/1/2009 to remove duplicative wording (gar). |
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Filing 29
ORDER granting #24 Application for Admission of Elizabeth A. Green Pro Hac Vice. Signed by Judge Richard W. Story on 8/28/2009. (gar)
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Filing 28
ORDER denying #26 Motion for Protective Order. Signed by Judge Richard W. Story on 8/28/2009. (RWS)
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| Filing 27 RESPONSE in Opposition re #26 MOTION for Protective Order filed by James Robert Ward. (Attachments: #1 Affidavit JD Hensarling Affidavit, #2 Exhibit to JD Hensarling Affidavit)(Hungeling, David) |
| APPROVAL by Clerks Office re: #24 RESUBMISSION OF APPLICATION for Admission of Elizabeth A. Green Pro Hac Vice #19 Corrected APPLICATION for Admission of Elizabeth A. Green Pro Hac Vice. Attorney Elizabeth Green added appearing on behalf of James Robert Ward (cdg) |
| Filing 26 MOTION for Protective Order with Brief In Support by Bond Safeguard Insurance Company. (Miller, Garrett) |
| Filing 25 NOTICE to Take Deposition of Jordi Guso, Esq. filed by James Robert Ward (Hungeling, David) |
| Filing 24 RESUBMISSION OF APPLICATION for Admission of Elizabeth A. Green Pro Hac Vice #19 Corrected APPLICATION for Admission of Elizabeth A. Green Pro Hac Vice by James Robert Ward. (Hungeling, David) |
| RETURN of #19 Corrected APPLICATION for Admission of Elizabeth A. Green Pro Hac Vice to attorney for correction. Please call the Clerk's Office at 404-215-1600 with any questions. (cdg) |
| Filing 23 NOTICE to Take Deposition of Jordi Guso, Esq. filed by James Robert Ward (Hungeling, David) |
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Filing 22
ORDER granting #17 Application for Admission of David M. Landis Pro Hac Vice. Signed by Judge Richard W. Story on 8/26/2009. (gar)
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Filing 21
ORDER granting #15 Application for Admission of Jon D. Hensarling Pro Hac Vice. Signed by Judge Richard W. Story on 8/26/2009. (gar)
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Filing 20
ORDER granting #14 Application for Admission of John M. Nunnally Pro Hac Vice. Signed by Judge Richard W. Story on 8/26/2009. (gar)
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| Filing 19 Corrected APPLICATION for Admission of Elizabeth A. Green Pro Hac Vice (Attachments: #1 Exhibit A - Green Application for Admission pro hac vice, #2 Exhibit B - Green's Certificate of Good Standing)(Hungeling, David) Modified on 8/26/2009 to change document security and correct docket text (gar). |
| RETURN of #16 APPLICATION for Admission of Elizabeth A. Green Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002307368) to attorney for correction. (cdg) |
| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Jon David Hensarling Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002307356). Attorney Jon David Hensarling added appearing on behalf of James Robert Ward, Diane Elizabeth Ward (cdg) |
| APPROVAL by Clerks Office re: #8 APPLICATION for Admission of David M. Landis Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002307273). Attorney Daniel M. Landis added appearing on behalf of Diane Elizabeth Ward (cdg) |
| APPROVAL by Clerks Office re: #14 APPLICATION for Admission of John M. Nunnally Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002307347). Attorney John M. Nunnally added appearing on behalf of James Robert Ward, Diane Elizabeth Ward (cdg) |
| Filing 18 RESPONSE re #13 Emergency MOTION for Hearing re #11 Traverse Supplemental Brief in Support filed by James Robert Ward. (Attachments: #1 Exhibit Order of Dismissal by North Carolina Court)(Hungeling, David) |
| Filing 17 Corrected APPLICATION for Admission of David M. Landis Pro Hac Vice (Attachments: #1 Exhibit A)(Puckett, Bonnie) Modified on 8/24/2009 to correct docket text to accurately reflect e-filed pleading (gar). |
| Filing 16 APPLICATION for Admission of Elizabeth A. Green Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002307368)by James Robert Ward. (Hungeling, David) |
| Filing 15 APPLICATION for Admission of Jon David Hensarling Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002307356)by James Robert Ward. (Hungeling, David) |
| Filing 14 APPLICATION for Admission of John M. Nunnally Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002307347)by James Robert Ward. (Hungeling, David) |
| Filing 13 Emergency MOTION for Hearing re #11 Traverse by James Robert Ward, Diane Elizabeth Ward. (Hungeling, David) Modified on 8/20/2009 to include all filers (gar). |
| Filing 12 AFFIDAVIT re #10 Traverse of James Robert Ward by James Robert Ward. (Hungeling, David) |
| Filing 11 TRAVERSE by Diane Elizabeth Ward. (Attachments: #1 Brief Memorandum of Law in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Hill, William) |
| Filing 10 TRAVERSE re #3 Writ Issued, with Brief of Support by James Robert Ward. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Hungeling, David) |
| Filing 9 NOTICE of Appearance by Bonnie Puckett on behalf of Diane Elizabeth Ward (Puckett, Bonnie) |
| Filing 8 APPLICATION for Admission of David M. Landis Pro Hac Vice (Application fee $ 150, receipt number 113E0000000002307273)by Diane Elizabeth Ward. (Hill, William) |
| Filing 7 NOTICE of Appearance by William Bradley Hill, Jr on behalf of Diane Elizabeth Ward (Hill, William) |
| Filing 6 Return of Service Executed. James Robert Ward served on 8/19/2009 as to Writ of Attachment. (gar) |
| Filing 5 NOTICE certifying that the copy of the Attachment, Bond and Affidavit in this case are true copies to be directed to the Sheriff or other levying officer of Camden County, GA. Signed by James N. Hatten, Clerk of the United States District Court . (ekb) |
| Filing 4 NOTICE certifying that the copy of the Attachment, Bond and Affidavit in this case are true copies to be directed to the Sheriff or other levying officer of Rabun County, GA. Signed by James N. Hatten, Clerk of the United States District Court. (ekb) |
| Filing 3 VACATED PER #35 ORDER WRIT of Attachment issued as to Defendants, Diane Elizabeth Ward and James Robert Ward, commanding the Marshal of said Court or his lawful deputies, all and singular the Sheriffs or their lawful deputies, and all lawful constables of this State to seize so much of the property as will make the sum of no more $3,750,000.00, inclusive of all costs. (ekb) Modified on 9/2/2009 (gar). |
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Filing 2
ORDER that a Writ of Attachment be issued upon the property of the Defendant James Robert Ward and Diane Elizabeth Ward. Signed by Judge Richard W. Story on 7/21/09. (ekb)
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| Civil Case Terminated. (ekb) |
| Filing 1 APPLICATION FOR WRIT OF ATTACHMENT filed. Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 350 receipt number GAN14211.), filed by Bond Safeguard Insurance Company. (Attachments: #1 Brief in Support of Application, #2 Affidavit of David E. Campbell, #3 Exhibit A - Campbell Affidavit, #4 Exhibit B - Campbell Affidavit, #5 Exhibit C - Campbell Affidavit, #6 Exhibit D - Campbell Affidavit, #7 Exhibit E - Campbell Affidavit, #8 Exhibit F - Campbell Affidavit, #9 Exhibit G - Campbell Affidavit, #10 Exhibit H - Campbell Affidavit, #11 Exhibit I - Campbell Affidavit, #12 Exhibit J - Campbell Affidavit, #13 Affidavit of Keith Wright, #14 Proposed Writ of Attachment, #15 Proposed Order, #16 Proposed Order for Camden County, Georgia, #17 Proposed Order for Rabun County, Georgia, #18 Civil Cover Sheet)(fap) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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