Kelly v. First NBC Bank
Plaintiff: Russell Kelly
Defendant: Federal Deposit Insurance Company as Receiver for First NBC Bank, Jose Carlos Mendez, Federal Deposit Insurance Corporation and First NBC Bank
Case Number: 2:2024cv00091
Filed: January 10, 2024
Court: US District Court for the Eastern District of Louisiana
Presiding Judge: Donna Phillips Currault
Referring Judge: Eldon E Fallon
Nature of Suit: Contract: Other
Cause of Action: 12 U.S.C. ยง 1819 Default of Promissory Note
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 11, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2024 Opinion or Order Filing 15 REPLY to Response to Motion filed by Federal Deposit Insurance Corporation re #8 MOTION to Dismiss for Lack of Jurisdiction Subject Matter. (my)
February 14, 2024 Opinion or Order Filing 14 ORDER granting #12 Motion for Leave to File Reply Brief. Signed by Judge Eldon E. Fallon on 2/14/2024. (my)
February 14, 2024 Opinion or Order Filing 13 Response/Reply filed by Russell Kelly to #5 MOTION to Remand. (Attachments: #1 Exhibits)(ss)
February 9, 2024 Opinion or Order Filing 12 EXPARTE/CONSENT MOTION for Leave to File Reply In Support of Federal Deposit Insurance Corporation's Motion To Dismiss For Lack of Subject Matter Jurisdiction by Federal Deposit Insurance Corporation. (Attachments: #1 Proposed Order, #2 Proposed Pleading Reply Brief)(Garner, James)
February 6, 2024 Opinion or Order Filing 11 RESPONSE/MEMORANDUM in Opposition filed by Federal Deposit Insurance Corporation re #5 MOTION to Remand . (Attachments: #1 Exhibit 1 Declaration of Tass D. Waterson, #2 Exhibit 1-A USPS tracking)(Garner, James)
January 30, 2024 Opinion or Order Filing 10 RESPONSE in Opposition filed by Russell Kelly re #8 MOTION to Dismiss for Lack of Jurisdiction Subject Matter. (Attachments: #1 Exhibits)(ss) (Attachment 1 replaced on 1/30/2024) (ss).
January 19, 2024 Opinion or Order Filing 9 ORDER GRANTING #7 MOTION to Add Exhibits to Motion to Remand. FURTHER ORDERED that the submission date of Russell Kelly's #5 Motion to Remand be RESET to 2/14/2024. Signed by Judge Eldon E. Fallon on 1/19/2024.(my)
January 19, 2024 Opinion or Order Filing 8 MOTION to Dismiss for Lack of Jurisdiction Subject Matter by Federal Deposit Insurance Corporation. Motion(s) will be submitted on 2/14/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 3-A, #6 Exhibit 3-B, #7 Exhibit 3-C, #8 Exhibit 3-D, #9 Exhibit 3-E, #10 Exhibit 3-F, #11 Exhibit 3-G, #12 Exhibit 3-H, #13 Exhibit 3-I, #14 Exhibit 3-J, #15 Exhibit 3-K, #16 Exhibit 3-L, #17 Exhibit 3-M, #18 Exhibit 3-N, #19 Exhibit 3-O, #20 Exhibit 3-P, #21 Exhibit 3-Q, #22 Exhibit 3-R, #23 Exhibit 3-S, #24 Exhibit 3-T, #25 Exhibit 3-U, #26 Exhibit 3-V, #27 Exhibit 3-W, #28 Exhibit 3-X, #29 Exhibit 4, #30 Exhibit 5, #31 Exhibit 6, #32 Notice of Submission)(Garner, James)
January 19, 2024 Opinion or Order Filing 7 MOTION to Add Exhibits to Motion to Remand Back to Civil District Court filed by Russell Kelly. (Attachments: #1 Exhibits)(ss)
January 18, 2024 Opinion or Order Filing 6 ORDER TRANSFERRING CASE. IT IS ORDERED that this matter is hereby transferred to Section L (2) for further proceedings. Case transferred to Judge Eldon E. Fallon and Magistrate Judge Donna Phillips Currault. Judge Wendy B Vitter, Magistrate Judge Karen Wells Roby no longer assigned to case. Signed by Judge Wendy B Vitter on 1/17/2024.(mmv) (NEF: J. Fallon, MJ Currault, Sect D, Case Mgr)
January 17, 2024 Opinion or Order Filing 5 MOTION to Remand Case back to Civil District Court for The Parish of Orleans filed by Russell Kelly. Motion(s) will be submitted on 2/6/2024. (Attachments: #1 Memorandum in Support, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Notice of Submission)(ss) (Additional attachment(s) added on 1/19/2024: #6 Exhibit) (my). Images QC'd on 1/22/2024 (amj).
January 17, 2024 Opinion or Order Filing 4 NOTICE of Collateral Proceeding by Federal Deposit Insurance Corporation . (Garner, James) Modified text on 1/17/2024 (mmv).
January 11, 2024 Opinion or Order Filing 3 Initial Case Assignment to Judge Wendy B Vitter and Magistrate Judge Karen Wells Roby. (kls)
January 11, 2024 Opinion or Order Filing 2 NOTICE OF REMOVAL from CDC, Orleans Parish, case number 2014-07988 (Fee previously paid) filed by Federal Deposit Insurance Corporation. (Attachments: #1 Civil Cover Sheet, #2 Compliance with 28 U.S.C. 1447(b) List of Parties and State Court Pleadings, #3 Exhibit A, #4 Exhibit B, #5 State Court Pleadings Exhibit C)(Garner, James) Modified text on 1/12/2024 (mmv).
January 10, 2024 Opinion or Order Filing 1 **FILED IN ERROR- SEE CORRECT FILING, REC. DOC. 2** NOTICE OF REMOVAL from Orleans Civil District Court, case number 2014-07988 (Filed on behalf of USA - Filing Fee not required) filed by Federal Deposit Insurance Company as Receiver for First NBC Bank. (Attachments: #1 Civil Cover Sheet, #2 List of Parties and State Court Pleadings, #3 Exhibit A, #4 Exhibit B, #5 State Court Pleadings Exhibit C)Attorney James M. Garner added to party Federal Deposit Insurance Company as Receiver for First NBC Bank(pty:dft).(Garner, James) Modified on 1/11/2024 (mmv).

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Plaintiff: Russell Kelly
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Defendant: Federal Deposit Insurance Company as Receiver for First NBC Bank
Represented By: James M. Garner
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Defendant: Jose Carlos Mendez
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Defendant: Federal Deposit Insurance Corporation
Represented By: William David Aaron, Jr.
Represented By: Leopold Z. Sher
Represented By: Brandon William Keay
Represented By: James M. Garner
Represented By: DeWayne Larry Williams
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Defendant: First NBC Bank
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