Branch Banking and Trust Company v. Gerner & Kearns Co., LPA et al
Plaintiff: Branch Banking and Trust Company
Defendant: Rebel Properties, LLC, Prism Title & Closing Services, Ltd and Gerner & Kearns Co., LPA
Case Number: 2:2019cv00161
Filed: November 8, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: David L Bunning
Referring Judge: Candace J Smith
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 17, 2019 Filing 17 Summons Returned Unexecuted by Secretary of State as to Rebel Properties, LLC, "Return to Sender, Vacant, Unable to Forward". (Attachments: #1 envelope)(TJZ)
December 9, 2019 Filing 16 CERTIFICATE OF SERVICE by Branch Banking and Trust Company (Tucker, Martin)
December 9, 2019 Filing 15 FRCP 7.1 DISCLOSURE STATEMENT by Branch Banking and Trust Company identifying Corporate Parent BB&T Corp. for Branch Banking and Trust Company.. (Tucker, Martin)
December 9, 2019 Filing 14 NOTICE OF FILING by Branch Banking and Trust Company re #7 MOTION to Appoint Receiver by Branch Banking and Trust Company and Memorandum in Support PROPOSED ORDER (Tucker, Martin)
December 6, 2019 Filing 13 SUMMONS Returned Executed by Branch Banking and Trust Company via Kenton County Sheriff to Prism Title & Closing Services, Ltd served on 11/18/2019, answer due 12/9/2019. (Tucker, Martin)
December 2, 2019 Filing 12 CERTIFIED MAIL RECEIPT to Secretarey of State re #9 Summons Issued. (TJZ)
November 25, 2019 Filing 11 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Martin B. Tucker. #1 Complaint has been filed by Branch Banking and Trust Company without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (ECO)
November 18, 2019 ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #10 MOTION for Expedited Hearing by Branch Banking and Trust Company (TJZ)
November 15, 2019 Filing 10 MOTION for Expedited Hearing by Branch Banking and Trust Company Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Tucker, Martin) Modified text on 11/18/2019 (TJZ).
November 13, 2019 Filing 9 Summons Issued as to Gerner & Kearns Co., LPA, Rebel Properties, LLC; Summons issued and returned to counsel w/ packet by U.S. Mail for service by Secretary of State. (TJZ)
November 13, 2019 Filing 8 Summons Issued as to Prism Title & Closing Services, Ltd; Summons issued and returned to counsel electronically (TJZ) Modified text on 11/14/2019 (TJZ).
November 13, 2019 Filing 7 MOTION to Appoint Receiver by Branch Banking and Trust Company and Memorandum in Support Motions referred to Candace J. Smith. (Attachments: #1 Exhibit A: Affidavit in Support, #2 Exhibit A to Affidavit in Support, #3 Exhibit B to Affidavit in Support, #4 Exhibit C to Affidavit in Support, #5 Exhibit D to Affidavit in Support, #6 Exhibit E to Affidavit in Support, #7 Exhibit F to Affidavit in Support, #8 Exhibit G to Affidavit in Support, #9 Exhibit H to Affidavit in Support, #10 Exhibit I to Affidavit in Support, #11 Exhibit J to Affidavit in Support, #12 Exhibit K to Affidavit in Support, #13 Exhibit B: Southeast Property Management, LLC Information, #14 Proposed Order)(Tucker, Martin)
November 13, 2019 Filing 6 NOTICE by Branch Banking and Trust Company of Filing Summons for Issuance on Rebel Properties, LLC (Attachments: #1 Summons)(Tucker, Martin)
November 13, 2019 Filing 5 NOTICE by Branch Banking and Trust Company of Filing Summons for Issuance on Prism Title & Closing Services, Ltd. (Attachments: #1 Summons)(Tucker, Martin)
November 13, 2019 Filing 4 NOTICE by Branch Banking and Trust Company of Filing Summons for Issuance on Gerner & Kearns Co., L.P.A. (Attachments: #1 Summons)(Tucker, Martin)
November 8, 2019 Opinion or Order Filing 3 STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge at Covington to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; 3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011. (TJZ)cc: COR
November 8, 2019 Filing 1 COMPLAINT (NO PROCESS REQUESTED). ( Filing fee $400; receipt number 0643-4517299), filed by Branch Banking and Trust Company. (Attachments: #1 Civil Cover Sheet, #2 Ex A-Note 6385-00001, #3 Ex B-Note 6385-00001 CSA, #4 Exhibit C: Financing Statements, #5 Exhibit D: Note 6385-00001 Amendment, #6 Exhibit E: Note 6407-00001, #7 Note 6407-00001 CSA, #8 Exhibit G: Financing Statement, #9 Exhibit H: Note 6407-00001 Amendment, #10 Exhibit I: Note 6792-00002 Loan Agreement,, #11 Exhibit J: Note 6792-00002, #12 Exhibit K: Note 6792-00002 Mortgage, #13 Exhibit L: Note 6792-00002 Assignment, #14 Exhibit M: Note 6792-00002 Guaranty 1,, #15 Exhibit N: Note 6792-00002 Guaranty 2, #16 Exhibit O: Note 6792-00003,, #17 Exhibit P: Note 6792-00003 Mortgage,, #18 Exhibit Q: Note 6792-00003 Assignment, #19 Exhibit R: Note 6792-00003 Guaranty 1,, #20 Exhibit S: Note 6792-00003 Guaranty 2)(TJZ)
November 8, 2019 Conflict Check run. (TJZ)

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Plaintiff: Branch Banking and Trust Company
Represented By: Martin B. Tucker
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Defendant: Rebel Properties, LLC
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Defendant: Prism Title & Closing Services, Ltd
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Defendant: Gerner & Kearns Co., LPA
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