Branch Banking and Trust Company v. Jones et al
| Branch Banking and Trust Company |
| Lee Lamonica Walker, Ralph S. Watson, II, John Cadwell, Laura Massey Jones and Farmers National Bank of Danville, Kentucky |
| 5:2018cv00610 |
| November 9, 2018 |
| US District Court for the Eastern District of Kentucky |
| Joseph M Hood |
| Matthew A Stinnett |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 52 MOTION for Reconsideration and/or Clarify by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II #48 of Court's Order Preliminary Injunction (Attachments: #1 Memorandum in Support, #2 Exhibit A - Portions of Sanders' Deposition, #3 Exhibit B - Portions of Knight's Deposition, #4 Exhibit C - Email Correspondence)(Kamer, Mauritia) Modified text on 1/7/2019 (KJR). |
| Filing 51 TRANSCRIPT of Proceedings: MOTION HEARING held on 12/18/2018 before Judge Hood. Court Reporter: Linda Mullen, Telephone number (850) 469-7459. Transcript ordered by: MAURITIA KAMER. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 1/14/2019. Redacted Transcript Deadline set for 1/25/2019. Release of Transcript Restriction set for 3/25/2019. |
| Clerk's Note: re #49 CD Request - the proceedings were not audio recorded. (KJR) |
| Filing 50 TRANSCRIPT REQUEST by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II for proceedings held on 12/18/2018 before Judge Hon. Joseph Hood.. (Kamer, Mauritia) |
| Filing 49 CD REQUEST for a duplicate recording of the official proceeding taken by electronic sound (digital audio) recording by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II for proceedings held on 12/18/2018 before Judge Hon. Joseph Hood. (Kamer, Mauritia) |
Filing 48
ORDER: (1) GRANTING IN PART & DENYING IN PART BB&T's #17 Motion for Preliminary Injunction; (2) dfts Laura Massey Jones, Ralph S. Bud Watson,II, John Cadwell, and The Farmers National Bank of Danville, d/b/aWealthSouth, as well as their representatives, employees, agents, & assigns, are hereby ENJOINED from doing as stated in this order; (3) dfts Watson & Cadwell are ENJOINED from doing as stated in this order for a 12-month period following their termination of employment from BB&T (4) dft Jones is ENJOINED from doing as stated in this order for an 18-month period following her termination of employment from BB&T (5) this order does not prevent communication or solicitation of BB&T clients who came to BB&T solely as a result of dft Joness, Cadwells, or Watsons own recruitment efforts, whichBB&T neither subsidized nor otherwise financially supported as part of a program of client development; (6) this order does not prevent informal or informational non-solicitous contact or communication between Defendants Jones, Cadwell, or Watson and any former, current, or potential depositors, customers, or clients of BB&T or its affiliates; (7) this Order does not prevent current or former BB&T customers from voluntarily contacting WealthSouth or voluntarily transferring their business to WealthSouth; (8) this Order does not prevent other WealthSouth employees, with the exclusion of dfts Jones, Cadwell, & Watson, from soliciting the business of BB&T customers; (9) This Order supersedes the Courts previous temporary restraining order. Signed by Judge Joseph M. Hood on 12/18/18. (KJR)cc: COR
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Filing 47
ORDER: 1. Within 21 days parties shall meet as required by Fed. R. Civ. P. 26(a)(1). 2. Within 10 days of meeting, parties shall file joint status report as set forth in Order. Signed by Judge Joseph M. Hood on 12/18/2018.(GLD)cc: COR
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Filing 46
MINUTE ENTRY ORDER FOR MOTION HEARING held on 12/18/2018 re #17 MOTION for Preliminary Injunction by Branch Banking and Trust Company before Judge Joseph M. Hood: Parties appeared as noted. Court will issue a separate Order. (Court Reporter Linda Mullen.) Signed by Judge Joseph M. Hood. (GLD)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #17 MOTION for Preliminary Injunction by Branch Banking and Trust Company (KJR) |
| Filing 45 REPLY BRIEF to #17 in Support of Plaintiff's Motion for Preliminary Injunction filed by Branch Banking and Trust Company. (Attachments: #1 Exhibit Affidavit of Dianna Pietrzak, #2 Exhibit Watson's title change documentation, #3 Exhibit Watson resignation agreement, #4 Exhibit Cadwell's resignation letter, #5 Exhibit Relevant portions of deposition of Ron Sanders)(Wallace, Chad) |
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Filing 44
ORDER: MOTION HEARING to address the #17 motion for preliminary injunction, previously set for 12/18/2018 at 11:00 a.m., is ADVANCED to 12/18/2018 at 10:00 AM in LEXINGTON before Judge Joseph M. Hood. Signed by Judge Joseph M. Hood on 12/12/2018.(JJ)cc: COR,D
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| Filing 43 NOTICE OF FILING by Branch Banking and Trust Company (Attachments: #1 Subpoena to Thomas Knight to Testify at a Deposition in a Civil Action and Affidavit of Service)(Wallace, Chad) |
| Filing 42 NOTICE OF FILING by Branch Banking and Trust Company (Attachments: #1 Subpoena to Thomas Knight to Appear and Testify at a Hearing or Trial in a Civil Action and Affidavit of Service)(Wallace, Chad) |
| Filing 41 NOTICE OF FILING by Branch Banking and Trust Company (Attachments: #1 Subpoena to Ron Sanders to Testify at a Deposition in a Civil Action and Affidavit of Service)(Wallace, Chad) |
| Filing 40 NOTICE OF FILING by Branch Banking and Trust Company (Attachments: #1 Subpoena to Ron Sanders to Appear and Testify at a Hearing or Trial in a Civil Action)(Wallace, Chad) |
| Filing 39 RESPONSE to Motion re #17 MOTION for Preliminary Injunction by Branch Banking and Trust Company filed by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II. (Attachments: #1 Exhibit A - Affidavit of Ralph "Bud" Watson, #2 Exhibit B - Affidavit of John Cadwell, #3 Exhibit C - Affidavit of Laura Massey Jones, #4 Exhibit D - Affidavit of Lee Lamonica Walker)(Kamer, Mauritia) |
| Filing 38 ANSWER to #1 Complaint,,, by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II.(Kamer, Mauritia) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: #38 Answer to Complaint (KJR) |
| Filing 37 NOTICE by Branch Banking and Trust Company of Intent to Serve Subpoena on Non-Party (Attachments: #1 Exhibit Subpoena duces tecum for Ron Sanders)(Wallace, Chad) |
| Filing 36 NOTICE by Branch Banking and Trust Company of Intent to Serve Subpoena on Non-Party (Attachments: #1 Exhibit Subpoena duces tecum for Thomas Knight)(Wallace, Chad) |
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Filing 34
MEMORANDUM OPINION & ORDER: (1) GRANTING pla's #15 MOTION for Temporary Restraining Order; (2) dfts Laura Massey Jones, Ralph S. Bud Watson, II, John Cadwell, Lee Lamonica Walker, and The Farmers National Bank of Danville, d/b/a WealthSouth, as well as their representatives, employees, agents, and assigns, are hereby RESTRAINED as indicated in this order; (3) dfts Watson, Cadwell, and Jones are RESTRAINED as indicated in this order; (4) GRANTING IN PART & DENYING IN PART pla's #16 MOTION to Expedite Discovery; (5) pla may engage in discovery for the purpose of determining whether the dfts have or are continuing to violate the BB&T contractual provision as indicated in this order; (6) REFERRED to Magistrate Judge Matthew A. Stinnett for discovery disputes; (7) MOTION HEARING set for 12/18/2018 at 11:00 AM in LEXINGTON before Judge Joseph M. Hood, RE Branch Banking and Trust Company's #17 MOTION for Preliminary Injunction; (8) pla is not required to post bond at this time but the court will consider the requirement if raised by the parties. Signed by Judge Joseph M. Hood on 12/4/18.(KJR)cc: COR,D
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #15 MOTION for Temporary Restraining Order by Branch Banking and Trust Company (Renewed) (KJR) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #16 MOTION to Expedite by Branch Banking and Trust Company (Renewed) (KJR) |
| Filing 33 REPLY BRIEF to #16 in Support of Plaintiff's Renewed Motion for Expedited Discovery filed by Branch Banking and Trust Company. (Attachments: #1 Exhibit Motion for Expedited Discovery and Proposed Order in Tallakoy LP v. Black Fire Energy, Inc.)(Wallace, Chad) |
| Filing 32 REPLY BRIEF to #15 in Support of Plaintiff's Renewed Motion for Temporary Restraining Order filed by Branch Banking and Trust Company. (Wallace, Chad) |
| Filing 31 SUMMONS Returned Executed by Branch Banking and Trust Company Farmers National Bank of Danville, Kentucky served on 11/16/2018, answer due 12/7/2018. (Wallace, Chad) |
| Filing 30 SUMMONS Returned Executed by Branch Banking and Trust Company Lee Lamonica Walker served on 11/16/2018, answer due 12/7/2018. (Wallace, Chad) |
| Filing 29 SUMMONS Returned Executed by Branch Banking and Trust Company John Cadwell served on 11/16/2018, answer due 12/7/2018. (Wallace, Chad) |
| Filing 28 SUMMONS Returned Executed by Branch Banking and Trust Company Ralph S. Watson, II served on 11/16/2018, answer due 12/7/2018. (Wallace, Chad) |
| Filing 27 SUMMONS Returned Executed by Branch Banking and Trust Company Laura Massey Jones served on 11/16/2018, answer due 12/7/2018. (Wallace, Chad) |
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Filing 26
ORDER re #15 MOTION for Temporary Restraining Order & #16 MOTION to Expedite: (1) GRANTING pla's #25 MOTION for Leave to File Reply Briefs; (2) pla SHALL reply by 5:00 pm on 11/30/18; (3) pla's reply SHALL be filed electronically. Signed by Judge Joseph M. Hood on 11/29/18.(KJR)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #25 MOTION for Leave by Branch Banking and Trust Company to File Reply Briefs in Support of its Renewed Motion for Temporary Restraining Order and Motion for Expedited Discovery (KJR) |
| Filing 25 MOTION for Leave by Branch Banking and Trust Company to File Reply Briefs in Support of its Renewed Motion for Temporary Restraining Order and Motion for Expedited Discovery (Attachments: #1 Proposed Order)(Wallace, Chad) |
| Filing 24 RESPONSE to Motion re #15 MOTION for Temporary Restraining Order by Branch Banking and Trust Company (Renewed) filed by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II. (Kamer, Mauritia) |
| Filing 23 RESPONSE to Motion re #16 MOTION to Expedite by Branch Banking and Trust Company (Renewed) filed by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II. (Kamer, Mauritia) |
| Filing 22 Mail Returned as Undeliverable. Mail sent to Laura Massay Jones re #9 Order. (JLM) |
| Filing 21 Mail Returned as Undeliverable. Mail sent to Laura Massay Jones re #6 Temporary Restraining Order. (JLM) |
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Filing 20
ORDER re pla's #15 MOTION for Temporary Restraining Order & #16 MOTION to Expedite; (1) dfts SHALL respond to pla's motions by 5:00 PM on 11/28/2018; (2) dfts' response SHALL be filed electronically. Signed by Judge Joseph M. Hood on 11/26/18.(KJR)cc: COR
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| Filing 19 FRCP 7.1 DISCLOSURE STATEMENT by Farmers National Bank of Danville, Kentucky identifying Corporate Parent Boyle Bancorp, Inc. for Farmers National Bank of Danville, Kentucky.. (Kamer, Mauritia) |
| Filing 18 NOTICE OF FILING by Branch Banking and Trust Company re #17 MOTION for Preliminary Injunction by Branch Banking and Trust Company , #15 MOTION for Temporary Restraining Order by Branch Banking and Trust Company (Renewed) Supplemental Affidavit of Greg Broadbridge (Attachments: #1 Affidavit)(Wallace, Chad) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Joseph M. Hood for review: re #17 MOTION for Preliminary Injunction by Branch Banking and Trust Company , #15 MOTION for Temporary Restraining Order by Branch Banking and Trust Company (Renewed) (KJR) |
| Filing 17 MOTION for Preliminary Injunction by Branch Banking and Trust Company (Attachments: #1 Memorandum in Support, #2 Affidavit of Lori McGuire, #3 Affidavit of Greg Broadridge, #4 Proposed Order)(Wallace, Chad) (Additional attachment(s) added on 11/27/2018: #5 Supplemental Affidavit of Greg Broadbridge) (KJR). |
| Filing 16 MOTION to Expedite by Branch Banking and Trust Company (Renewed) (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit Proposed First Set of Interrogatories to Laura Massey Jones, #4 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to Laura Massey Jones, #5 Exhibit Proposed Notice of Deposition for Laura Massey Jones, #6 Exhibit Proposed First Set of Interrogatories to Ralph S. "Bud" Watson, II, #7 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to Ralph S. "Bud" Watson, II, #8 Exhibit Proposed Notice of Deposition for Ralph S. "Bud" Watson, II, #9 Exhibit Proposed First Set of Interrogatories to John Cadwell, #10 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to John Cadwell, #11 Exhibit Proposed Notice of Deposition for John Cadwell, #12 Exhibit Proposed First Set of Interrogatories to Lee Lamonica Walker, #13 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to Lee Lamonica Walker, #14 Exhibit Proposed Notice of Deposition for Lee Lamonica Walker, #15 Exhibit Proposed First Set of Interrogatories to WealthSouth, #16 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to WealthSouth, #17 Exhibit Proposed Subpoena to Testify for Thomas Knight, #18 Exhibit Proposed Subpoena to Testify for Ron Sanders)(Wallace, Chad) |
| Filing 15 MOTION for Temporary Restraining Order by Branch Banking and Trust Company (Renewed) (Attachments: #1 Memorandum in Support, #2 Affidavit of Lori McGuire, #3 Affidavit of Greg Broadridge, #4 Proposed Order)(Wallace, Chad) (Additional attachment(s) added on 11/27/2018: #5 Supplemental Affidavit of Greg Broadbridge) (KJR). |
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Filing 14
ORDER: (1) GRANTING dft's #11 MOTION to Amend/Correct; (2) the Court's #9 Temporary Restraining Order is VACATED WITHOUT PREJUDICE FOR THE PLA TO REFILE; (3) DENYING pla's #7 MOTION to Expedite Discovery; (4) DENYING pla's #12 MOTION to Continue; (5) the Motion Hearing scheduled for 11/20/18 is CANCELLED. Signed by Judge Joseph M. Hood on 11/19/18.(KJR)cc: COR,D
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| Filing 13 RESPONSE to Motion re #11 MOTION to Amend/Correct by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II MOTION to Vacate by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II Court's November 14, 2018 Ex Parte Temporary Restraining Order or, Alternatively, Motion to Dissolve filed by Branch Banking and Trust Company. (Attachments: #1 Exhibit E-mail to Defendants' counsel dated November 12, 2018, #2 Exhibit E-mail to Defendants' counsel dated November 13, 2018)(Wallace, Chad) |
| Filing 12 MOTION to Continue by Branch Banking and Trust Company the Preliminary Injunction Hearing, to Extend Temporary Restraining Order, and to Alter or Amend Order Withholding Ruling on Motion for Expedited Discovery (Attachments: #1 Affidavit of Chad Wallace, #2 Proposed Order)(Wallace, Chad) Modified text on 11/19/2018 (KJR). |
| Filing 11 MOTION to Amend/Correct by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II , MOTION to Vacate by John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II Court's November 14, 2018 Ex Parte Temporary Restraining Order or, Alternatively, Motion to Dissolve the Temporary Restraining Order (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Kamer, Mauritia) |
| Filing 10 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Mauritia Kamer. #8 Notice of Appearance has been filed by Farmers National Bank of Danville, Kentucky 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 (STC) |
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Filing 9
ORDER: 1. The Court will withhold ruling on #7 MOTION to Expedite Discovery by Branch Banking and Trust Company and Brief in Support until after the MOTION HEARING set for 11/20/2018 at 1:30 PM in LEXINGTON before Judge Joseph M. Hood. 2. Court's Temporary Restraining Order #6 SHALL REMAIN IN FULL FORCE AND EFFECT until preliminary injunction hearing. 3. Clerk SHALL mail copy of this Order to ea defendant at addresses on summons. 4. Clerk SHALL mail copy of this Order to Attorney Mauritia G. Kamer.. Signed by Judge Joseph M. Hood on 11/15/2018.(GLD)cc: COR,D,Mauritia G. Kamer, defendants Modified to reflect order mailed to dfts on 11/15/2018 (GLD).
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| Filing 8 NOTICE of Appearance by Mauritia Gauvin Kamer on behalf of Farmers National Bank of Danville, Kentucky (Kamer, Mauritia) |
| Filing 7 MOTION to Expedite Discovery by Branch Banking and Trust Company and Brief in Support (Attachments: #1 Proposed Order, #2 Exhibit Proposed First Set of Interrogatories to Laura Massey Jones, #3 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to Laura Massey Jones, #4 Exhibit Proposed Notice of Deposition for Laura Massey Jones, #5 Exhibit Proposed First Set of Interrogatories to Ralph S. "Bud" Watson, II, #6 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to Ralph S. "Bud" Watson, II, #7 Exhibit Proposed Notice of Deposition for Ralph S. "Bud" Watson, II, #8 Exhibit Proposed First Set of Interrogatories to John Cadwell, #9 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to John Cadwell, #10 Exhibit Proposed Notice of Deposition for John Cadwell, #11 Exhibit Proposed First Set of Interrogatories to Lee Lamonica Walker, #12 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to Lee Lamonica Walker, #13 Exhibit Proposed Notice of Deposition for Lee Lamonica Walker, #14 Exhibit Proposed First Set of Interrogatories to WealthSouth, #15 Exhibit Proposed First Set of Requests for Inspection and Production of Documents to WealthSouth, #16 Exhibit Proposed Subpoena to Testify for Thomas Knight, #17 Exhibit Proposed Subpoena to Testify for Ron Sanders)(Wallace, Chad) Modified on 11/15/2018 (STC). |
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Filing 6
ORDER: (1) Plaintiff's #5 Motion for a Temporary Restraining Order is GRANTED IN PART and DENIED IN PART. (2) Defendants Laura Massey Jones, Ralph S. "Bud" Watson, II, John Cadwell, Lee Lamonica Walker, and The Farmers National Bank of Danville, d/b/a WealthSouth are hereby RESTRAINED from the following: (a) using, possessing, copying, and/or disclosing BB&T's confidential information ; (b) Breaching Jones's, Watson's and Cadwell's non-disclosure agreements ; and (c) Otherwise benefitting from communications with current or potential depositors, customers, or clients in breach of Jones's, Watson's, and Cadwell's non-solicitation agreement from 9/4/2018, to present; (3) Defendants Watson, Cadwell, and Jones are RESTRAINED from the following: (a) Calling upon any depositors, customers, or clients with whom he or she had contct with during the last 18 months of employment; (b) Soliciting, diverting, or taking away, or attempting to, any of the depositors, customers, clients with whom he or she had contact during the last 18 months o employment (c) Inducing or attempting to induce any employee of BB&T to terminate his or her employment; (4) MOTION HEARING for a Preliminary Injunction set for 11/20/2018 at01:30 PM in LEXINGTON before Judge Joseph M. Hood; and (5) Plaintiff is not required to post bond at this time but that the Court will consider the requirement of security or a bond if raised by the Defendants. Signed by Judge Joseph M. Hood on 11/14/2018.(JJ)cc: COR,D, All dfts via US Mail
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| Filing 5 MOTION for Temporary Restraining Order by Branch Banking and Trust Company (Attachments: #1 Exhibit E-mail to Defendants' attorney dated 11-12-18, #2 Memorandum in Support, #3 Proposed Order)(Wallace, Chad) |
| Conflict Check run. (JLM) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Branch Banking and Trust Company identifying Corporate Parent BB&T Corporation for Branch Banking and Trust Company. (JLM) |
| Filing 3 Summons Issued as to John Cadwell, Farmers National Bank of Danville, Kentucky, Laura Massey Jones, Lee Lamonica Walker, Ralph S. Watson, II; Summons issued and returned to counsel electronically (JLM) |
| Filing 1 COMPLAINT ( Filing fee $400; receipt number 0643-4212466), filed by Branch Banking and Trust Company. (Attachments: #1 Exhibit Jones Agreement, #2 Exhibit Non-Disclosure Agreement, #3 Exhibit Watson Agreement, #4 Exhibit Cadwell Agreement, #5 Exhibit Affidavit of Veronica Wang, #6 Exhibit Collective correspondences to Defendants, #7 Exhibit Correspondence dated 9-13-18, #8 Exhibit Affidavit of Lori McGuire, #9 Summons Summons for Laura Massey Jones, #10 Summons Summons for Ralph S. "Bud" Watson, II, #11 Summons Summons for John Cadwell, #12 Summons Summons for Lee Lamonica Walker, #13 Summons Summons for The Farmers National Bank of Danville, d/b/a WealthSouth, #14 Civil Cover Sheet)(JLM) |
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