The First State Bank v. Surface Solutions et al
| The First State Bank |
| Brenda Montanez, First Sentry Bank, John B. Montanez and Surface Solutions |
| Federal Deposit Insurance Corporation |
| 0:2020cv00091 |
| August 6, 2020 |
| US District Court for the Eastern District of Kentucky |
| Henry R Wilhoit |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 1, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 19
ORDER: the Court hereby SUSTAINS FDIC-Receiver's #5 Motion to Stay. This matter is STAYED pending completion of the administrative claims process mandated by the Financial Institutions Reform, Recovery and Enforcement Act, until further order of the Court. In addition, all deadlines are SUSPENDED pending completion of the Administrative claims process. The Court also DIRECTS that this case be restyled as set out herein. The Court directs the clerk to send a copy of this Order to all counsel of record. Signed by Judge Henry R. Wilhoit, Jr on 9/1/20. (JLS)cc: COR
|
|
Filing 18
ORDER: granting #16 Motion and Christopher D. Smith to may Appear Pro Hac Vice for counterclaim-deft FDIC. He shall appear with Michael A. Frye. Signed by Judge Henry R. Wilhoit, Jr on 8/28/20. (JLS)cc: COR
|
|
Filing 17
ORDER: granting #15 Motion and Benjamin L. Bailey is admitted to Appear Pro Hac Vice as counsel for counterclaim-defendant FDIC. He shall appear in the matter with Michael A. Frye. Signed by Judge Henry R. Wilhoit, Jr on 8/28/20. (JLS)cc: COR
|
| ***MOTION SUBMITTED TO CHAMBERS of Wilhoit for review: re #15 MOTION for Benjamin L. Bailey to Appear Pro Hac Vice by Federal Deposit Insurance Corporation ( Filing fee $125; receipt number 0643-4759880), #16 MOTION for Christopher D. Smith to Appear Pro Hac Vice by Federal Deposit Insurance Corporation ( Filing fee $125; receipt number 0643-4759900) (JLS) |
| BAR STATUS Check completed re #15 MOTION for Benjamin L. Bailey to Appear Pro Hac Vice by Federal Deposit Insurance Corporation ( Filing fee $125; receipt number 0643-4759880), #16 MOTION for Christopher D. Smith to Appear Pro Hac Vice by Federal Deposit Insurance Corporation ( Filing fee $125; receipt number 0643-4759900). (JLS) |
| Filing 16 MOTION for Christopher D. Smith to Appear Pro Hac Vice by Federal Deposit Insurance Corporation ( Filing fee $125; receipt number 0643-4759900) (Attachments: #1 Exhibit WV Certificate of Good Standing, #2 Proposed Order proposed Order Granting Motion for Pro Hac Vice Admission)(Frye, Michael) |
| Filing 15 MOTION for Benjamin L. Bailey to Appear Pro Hac Vice by Federal Deposit Insurance Corporation ( Filing fee $125; receipt number 0643-4759880) (Attachments: #1 Exhibit WV Certificate of Good Standing, #2 Exhibit DC Certificate of Good Standing, #3 Proposed Order proposed Order Granting Motion for Pro Hac Vice Admission)(Frye, Michael) |
| Filing 14 FRCP 7.1 DISCLOSURE STATEMENTPlaintiff, The First State Bank's Corporate Disclosure Statement by The First State Bank identifying Other Affiliate MVB Financial Corp., Other Affiliate Federal Deposit Insurance Corporation for The First State Bank.. (DeBlasis, Rick) |
| Filing 13 NOTICE of Appearance by Rick David DeBlasis on behalf of The First State Bank (DeBlasis, Rick) |
|
Filing 12
ORDER : 1) First Sentry Bank is DISMISSED from this matter; 2) Owen A. Reynolds' construed motion #8 to withdraw is SUSTAINED. Signed by Judge Henry R. Wilhoit, Jr on 8/18/20.(JLS)cc: COR
|
|
Filing 11
ORDER: The Court GRANTS the #9 Joint Motion to Continue, to such later dates as may be appropriate after ruling on the Motion to Stay. The Court directs the clerk to send a copy of this Order to all counsel. Signed by Judge Henry R. Wilhoit, Jr on 8/18/20. (JLS)cc: COR
|
| Filing 10 NOTICE of Appearance by Rick David DeBlasis on behalf of The First State Bank (DeBlasis, Rick) |
| Filing 9 JOINT MOTION to Continue by Federal Deposit Insurance Corporation, Brenda Montanez, John B. Montanez (Attachments: #1 Proposed Order Proposed Order Granting Motion to Continue Rule 26 Deadlines)(Frye, Michael) Modified on 8/18/2020 to add filers (JLS). |
| Filing 8 NOTICE by First Sentry Bank regarding Owen A. Reynolds (Ratliff, Philip) |
| Filing 7 NOTICE by First Sentry Bank regarding First Sentry Bank (Attachments: #1 Exhibit 1 - Order Greenup Circuit Court)(Ratliff, Philip) Modified on 8/17/2020 to describe exhibit (KSS). |
| NOTICE OF DOCKET MODIFICATION TO Philip Q. Ratliff re #7 Notice Error: attachment was insufficiently described as Exhibit. Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (KSS) |
| Filing 6 NOTICE TO ATTORNEY Owen A. Reynolds by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Data Sheet - No Record Found)(JLS) |
| Filing 5 MOTION to Stay by Federal Deposit Insurance Corporation (Attachments: #1 Memorandum in Support Memorandum, #2 Exhibit 1: Certificate of Appointment of FDIC as Receiver for First State Bank, #3 Exhibit 2: FDIC letter dated 4-3-20 , #4 Exhibit 3: FDIC ltr dated 4-16-20 Notice to Discovered Claimant to Present Proof of Claim, #5 Proposed Order)(Frye, Michael) Modified on 8/10/2020 to name Exhibits (JLS). |
| NOTICE OF DOCKET MODIFICATION TO Michael Frye re #5 MOTION to Stay ; Error: attachments were insufficiently described as "Exhibit A," "Exhibit B." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (JLS) |
| ***MOTION SUBMITTED TO CHAMBERS of Wilhoit for review: re #5 MOTION to Stay by Federal Deposit Insurance Corporation. (JLS) |
|
Filing 4
ORDER: (1) NLT 8/21/20 counsel for parties shall CONDUCT meeting of parties as required by Rule 26(f); (2) At time of meeting, counsel for parties shall EXCHANGE the disclosures as required; (3) NLT 9/3/20, counsel for the parties shall FILE a written joint report advising the Court as listed herein. Signed by Judge Henry R. Wilhoit, Jr on 8/7/20.(KSS)cc: COR
|
|
Filing 3
ORDER re #1 Notice of Removal: IT IS THEREFORE ORDERED AND ADJUDGED that the removal of this action shall be sustained. Signed by Judge Henry R. Wilhoit, Jr on 8/7/20.(KSS)cc: COR
|
| Filing 1 NOTICE OF REMOVAL from Greenup Circuit Court, case number 19-CI-493. ( Filing fee $400; Filing fee was not collected pursuant to 12:1819(b)(4) - Bonds or fees: The Corporation shall not be required to post any bond to pursue any appeal and shall not be subject to payments of any filing fees in United States district courts or courts of appeal, filed by Federal Deposit Insurance Corporation. (Attachments: #1 Exhibit 1: State Court Order dated 3/1/18 dismissing case, #2 Exhibit 2: State Court Judgment, #3 Exhibit 3: WV Certificate of Appointment of FDIC, #4 Exhibit 4: FDIC Ltr dated 4/3/20 re: The First State Bank, #5 Exhibit 5: State Court Notice of Substitution as Counterclaim-Deft, #6 INCORRECT Exhibit 6: State Court Record, #7 Civil Cover Sheet)(JLS) (Additional attachment(s) added on 8/7/2020: #8 CORRECT Exhibit 6 State Court Record) (KSS). Modified on 8/7/2020 to add correct exhibit per counsel request (KSS) |
| REPLY to Counterclaim by Plaintiff, contained as part of the State Court Record in DE #1 as Exhibit 6. (JLS) |
| ANSWER to Complaint with Jury Demand by Surface Solutions, contained as part of the State Court Record in DE #1 at Exhibit 6.(JLS) |
| AMENDED COUNTERCLAIM against The First State Bank, filed by Brenda Montanez, John B. Montanez, contained as part of the State Court Record in DE #1 at Exhibit 6.(JLS) |
| Conflict Check run. (JLS) |
| ANSWER to Complaint with Jury Demand, COUNTERCLAIM against The First Sentry Bank by John B. Montanez, Brenda Montanez, contained as part of State Court Record in DE #1 at Exhibit 6.(JLS) |
| ***FILE SUBMITTED TO CHAMBERS of Wilhoit for jurisdictional review: #1 Notice of Removal. (JLS) |
| REPLY to Amended Counterclaim filed by The First State Bank and contained as part of the State Court Record in DE #1 at Exhibit 6. (JLS) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
