MERCHANTS BANK OF INDIANA v. AVENIR MEMORY CARE @ KNOXVILLE LP et al
Plaintiff: MERCHANTS BANK OF INDIANA
Defendant: AVENIR MEMORY CARE @ KNOXVILLE LP, JASON D. CRAIK, DAVID L. CRAIK and STEPHEN A. SUSKE
Case Number: 1:2022cv01803
Filed: September 14, 2022
Court: US District Court for the Southern District of Indiana
Presiding Judge: Tanya Walton Pratt
Referring Judge: Doris L Pryor
Nature of Suit: Negotiable Instrument
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 9, 2022 Opinion or Order Filing 25 ORDER granting Defendant's #24 Motion for Extension of Time to File response to complaint to 11/20/2022. Signed by Magistrate Judge Doris L. Pryor on 11/9/2022. (SWM)
November 7, 2022 Filing 24 MOTION for Extension of Time to 12/20/2022 in which to #1 Complaint , filed by Defendant AVENIR MEMORY CARE @ KNOXVILLE LP. (Attachments: #1 Text of Proposed Order)(Dollens, Lucy)
November 4, 2022 Filing 23 Corporate Disclosure Statement by AVENIR MEMORY CARE @ KNOXVILLE LP identifying Corporate Parent Avenir Senior Living Inc. for AVENIR MEMORY CARE @ KNOXVILLE LP.. (Dollens, Lucy)
November 4, 2022 Filing 22 NOTICE of Appearance by Jacob V. Bradley on behalf of Defendant AVENIR MEMORY CARE @ KNOXVILLE LP. (Bradley, Jacob)
November 4, 2022 Filing 21 NOTICE of Appearance by Lucy Renee Dollens on behalf of Defendant AVENIR MEMORY CARE @ KNOXVILLE LP. (Dollens, Lucy)
November 4, 2022 Filing 20 Summons Issued as to DAVID L. CRAIK, JASON D. CRAIK. (JSR)
November 3, 2022 Filing 19 Proposed Summons submitted for issuance by the clerk as to MERCHANTS BANK OF INDIANA. (Waller, John)
November 3, 2022 Filing 18 ***PLEASE DISREGARD - DOCKETED IN ERROR*** Proposed Summons submitted for issuance by the clerk as to MERCHANTS BANK OF INDIANA. (Waller, John) Modified on 11/3/2022 (AKH).
November 3, 2022 Filing 17 ***PLEASE DISREGARD-DOCKETED IN ERROR***Proposed Summons submitted for issuance by the clerk as to MERCHANTS BANK OF INDIANA. (Waller, John) Modified on 11/3/2022 (TRG).
October 28, 2022 Filing 16 Jurisdictional Statement Second Supplemental, re #12 Entry by MERCHANTS BANK OF INDIANA. (Waller, John)
October 25, 2022 Opinion or Order Filing 15 SECOND ENTRY OF JURISDICTION - On October 3, 2022, the Court ordered Plaintiff to file a Supplemental Jurisdictional Statement to establish the Court's jurisdiction over this case. Plaintiff was ordered to specifically identify the citizenship of the Defendants (Filing No. #12 ). On October 14, 2022, Plaintiff filed its Supplemental Jurisdictional Statement (Filing No. #14 ); however, Plaintiff's Statement fails to sufficiently allege the citizenship of the Defendants. Plaintiff is ORDERED to file another supplemental jurisdictional statement that establishes the Court's jurisdiction over this case. The jurisdictional statement should sufficiently allege the citizenship of the Defendants. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Order). Signed by Judge Tanya Walton Pratt on 10/25/2022.(AKH)
October 14, 2022 Filing 14 Jurisdictional Statement Supplemental, re #12 Entry by MERCHANTS BANK OF INDIANA. (Waller, John)
October 13, 2022 Filing 13 AFFIDAVIT of Service for Complaint and Summons served on Registered Agent, Eric Bricker on Avenir Memory Care & Knoxville on September 26, 2022, filed by MERCHANTS BANK OF INDIANA. (Attachments: #1 Proof of Service)(Patton, David) Modified on 10/14/2022 - fixed attachment description (AKH).
October 3, 2022 Opinion or Order Filing 12 ENTRY ON JURISDICTION - It has come to the Court's attention that Plaintiff's Complaint fails to allege all of the facts necessary to determine whether this Court has subject matter jurisdiction over this case. As the party asking this Court to invoke its jurisdiction, Plaintiff must properly allege the citizenship of each of the parties to establish subject matter jurisdiction. Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This statement should specifically identify the citizenship of each of the Defendants. This jurisdictional statement is due fourteen (14) days from the date of this Entry. (See Order). Signed by Judge Tanya Walton Pratt on 10/3/2022.(AKH)
September 15, 2022 Filing 11 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB)
September 15, 2022 Filing 10 Summons Issued as to AVENIR MEMORY CARE @ KNOXVILLE LP, DAVID L. CRAIK, JASON D. CRAIK, STEPHEN A. SUSKE. (JRB)
September 14, 2022 Filing 9 NOTICE of Appearance by David W. Patton on behalf of Plaintiff MERCHANTS BANK OF INDIANA. (Patton, David)
September 14, 2022 Filing 8 Corporate Disclosure Statement by MERCHANTS BANK OF INDIANA identifying Corporate Parent MERCHANTS BANK OF INDIANA for MERCHANTS BANK OF INDIANA.. (Waller, John)
September 14, 2022 Filing 7 Proposed Summons submitted for issuance by the clerk as to STEPHEN A. SUSKE. (Waller, John)
September 14, 2022 Filing 6 Proposed Summons submitted for issuance by the clerk as to JASON D. CRAIK. (Waller, John)
September 14, 2022 Filing 5 Proposed Summons submitted for issuance by the clerk as to DAVID L. CRAIK. (Waller, John)
September 14, 2022 Filing 4 Proposed Summons submitted for issuance by the clerk as to AVENIR MEMORY CARE @ KNOXVILLE LP. (Waller, John)
September 14, 2022 Filing 3 NOTICE of Appearance by John D Waller on behalf of Plaintiff MERCHANTS BANK OF INDIANA. (Waller, John)
September 14, 2022 Filing 2 CIVIL COVER SHEET , filed by Plaintiff MERCHANTS BANK OF INDIANA. (Waller, John)
September 14, 2022 Filing 1 COMPLAINT TO ENFORCE PROMISSORY NOTE AND GUARANTIES against MERCHANTS BANK OF INDIANA, filed by MERCHANTS BANK OF INDIANA. (Filing fee $402, receipt number AINSDC-7278156) (Attachments: #1 Exhibit Deed, #2 Exhibit Promissory Note, #3 Exhibit Confirmation and Amendment, #4 Exhibit Second Confirmation, #5 Exhibit Third Confirmation, #6 Exhibit Demand, #7 Exhibit Continuing Guaranty, #8 Exhibit Continuing Guaranty, #9 Exhibit Continuing Guaranty)(Waller, John)

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Plaintiff: MERCHANTS BANK OF INDIANA
Represented By: David W. Patton
Represented By: John D Waller
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Defendant: AVENIR MEMORY CARE @ KNOXVILLE LP
Represented By: Jacob V. Bradley
Represented By: Lucy Renee Dollens
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Defendant: JASON D. CRAIK
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Defendant: DAVID L. CRAIK
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Defendant: STEPHEN A. SUSKE
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