Keybank National Association v. Perkins Rowe Associates, L.L.C., et al
| Keybank National Association |
| Perkins Rowe Associates, L.L.C.,, Perkins Rowe Associates II, L.L.C., Perkins Rowe Block A Condominiums, L.L.C. and Joseph T. Spinosa |
| 3:2009cv00497 |
| July 28, 2009 |
| US District Court for the Middle District of Louisiana |
| Baton Rouge Office |
| East Baton Rouge |
| Ralph E. Tyson |
| Stephen C. Riedlinger |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1345 Foreclosure |
| Defendant |
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The following documents for this case are available for you to view or download:
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Filing
567
RULING denying 553 Application for Writ of Execution, 557 Motion to Exercise Rights Under Art. 2652, 563 Motion for Intervention. Signed by Judge James J. Brady on 8/8/2013. (SMG)
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Filing
489
RULING and ORDER: The court issues these further instructions (as set forth herein) relative to KeyBank's motion (doc. 471) to set foreclosure procedures. The parties shall report back to the court as necessary to proceed with this process in a timely fashion. Signed by Judge James J. Brady on 11/2/2012. (JDL)
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Filing
480
RULING and ORDER: The 479 Motion to File Documents in the Public Record is GRANTED and the 471 Motion to Set Foreclosure Procedures is GRANTED to the extent provided herein. The parties shall confer and attempt to resolve all remaining details of the procedure and report to the Court within 7 days. Signed by Judge James J. Brady on 10/18/2012. (JDL)
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Filing
444
ORDER denying 413 Motion for Reconsideration and 435 Motion for New Trial. Signed by Judge James J. Brady on 1/25/2012. (CMM)
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Filing
412
RULING: The Court GRANTS 394 Keybank's Motion for Summary Judgment and DENIES 392 ThornCo's Motion for Summary Judgment. ThornCos counterclaim for declaratory judgment (Doc. 4 in No. 10-cv-552) is hereby DISMISSED with prejudice. The parties shall submit a form of judgment. Signed by Judge James J. Brady on 10/7/2011. (JDL)
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Filing
397
RULING granting 371 Motion for Summary Judgment on its Right to Foreclose and to Enforce the Payment Guaranty. Signed by Judge James J. Brady on 8/8/2011. (CMM)
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Filing
389
RULING on Defendants' Motion for Reconsideration. Accordingly, the Court hereby DENIES the 378 Motion for Reconsideration of 366 Order on Motion for Contempt, Order on Motion for Sanctions. Signed by Judge James J. Brady on 7/25/2011. (LSM)
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Filing
388
Second Amended Keeper Order: IT IS FURTHER ORDERED that the Marshal shall have no responsibility for the Property seized or the actions of the Keeper after custody of the Property has been delivered to the Keeper, and shall not be entitled to receive any commission on the rents, revenues or other fruits of the Property delivered to the Keeper. IT IS FURTHER ORDERED THAT, by reason of the seizure in its entirety and/or sale of the Property, all parties to this action shall hereby release, hold ha rmless and indemnify the United States, its agencies, officers, employees, agents and assigns, including the United States Marshals Service, from any and all claims, demands, rights, and causes of action of whatsoever kind and nature, arising from, and/or by reason of, any and all known and unknown, foreseen and unforeseen injuries to person(s) and/or property, resulting, and/or to result, from the seizure/sale of the Property.. Signed by Judge James J. Brady on 7/25/2011. (CMM)
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Filing
366
RULING: The Court hereby GRANTS Defendants Motion (doc. 353) for Contempt and for Sanctions, Including Dismissal of Defendants Defenses and Counterclaims. As such, Defendants will not be able to defend their conduct or assert counterclaims against Plaintiffs based on Plaintiffs alleged breaches of contract. Signed by Judge James J. Brady on 06/07/2011. (NLT)
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Filing
347
RULING denying 272 Motion for Summary Judgment on Pltfs Affirmative Defense of Fraud. Signed by Judge James J. Brady on 4/14/2011. (JDL)
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Filing
343
RULING denying 318 APPEAL OF MAGISTRATE JUDGE DECISION to District Court. Signed by Judge James J. Brady on 04/06/11. (PAH)
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Filing
304
RULING granting 186 Motion to Compel; granting 186 Motion to Extend Discovery Deadlines; granting 186 Motion for Sanctions. Defendants Perkins Rowe Associates, LLC, Perkins Rowe Associates II, LLC, Perkins Rowe Block A Condominiums, LLC and Jo seph T. Spinosa shall serve comprehensive and complete not merely supplemental answers and responses to the six sets of document requests and five sets of interrogatories that are the subject of this motion. Defendants shall serve their complete, com prehensive answers and responses within 14 days. No objections will be allowed, except for objections based on attorney client privilege or work product protection, and then only to the extent the Perkins Rowe defendants have previously properly urg ed and supported such objections by a privilege log which satisfies Rule 26(b)(5)(A)(ii), Fed.R.Civ.P. The Perkins Rowe defendants answers and responses must also comply with all the requirements of Rules 33 and 34, including Rule 33(b)s requirement that the interrogatory answers be made under oath and be signed by the person giving the answers. Pursuant to Rule 37(a)(5)(A), plaintiff KeyBank shall have 14 days to file a statement of the reasonable expenses it incurred in bringing this motion. T he Perkins Rowe defendants shall have 14 days after plaintiff KeyBank files its statement to file a response. A supplemental ruling to address the award of expenses will then be issued.. Signed by Magistrate Judge Stephen C. Riedlinger on 2/25/2011. (PJH)
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Filing
298
RULING : The Court hereby converts Defendant's Motion (doc. 272) to Dismiss KeyBank National Association's Affirmative Defense of Fraud Pursuant to FRCP 9(b) and FRCP 12(f) into a motion for summary judgment. Plaintiff Keybank National Ass ociation shall have ten (10) days from the date of this ruling to file a response and present evidence opposing the motion. Defendants shall have fourteen (14) days from the date Plaintiff's opposition is filed to file a reply. Signed by Judge James J. Brady on 2/9/11. (BP)
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Filing
291
RULING : 250 Motion to Review the Magistrate Judge's rulings filed November 12, 2010 pertaining to motions to quash subpoenas issued to BancorpSouth Bank, Echelon Construction and Central Facilities Operating is denied. Signed by Judge James J. Brady on 1/28/11. (BP)
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Filing
282
RULING : The Court hereby DENIES Defendants motion 250 to review the Magistrate Judges rulings filed November 12, 2010 pertaining to motions to quash subpoenas issued to BancorpSouth Bank, Echelon Construction and Central Facilities Operating. Signed by Judge James J. Brady on 1/11/11. (BP)
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Filing
276
RULING denying 262 MOTION to Quash Subpoenas Duces Tecum Issued to Hancock Bank and Capital One. Signed by Magistrate Judge Stephen C. Riedlinger on 1/5/11. (BP)
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Filing
271
RULING granting 226 MOTION to Compel Discovery from Central Facilities, L.L.C. Defendant Central Facilities, L.L.C. shall produce the requested documents within 14 days. Pursuant to Rule 37(a)(5)(A), plaintiff Key Bank shall have ten days to file a statement of the reasonable expenses incurred in bringing this motion. Defendant Central Facilities shall have seven days to file a response. A supplemental ruling to address the award of expenses will then be issued. Signed by Magistrate Judge Stephen C. Riedlinger on 12/27/10. (BP)
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Filing
252
RULING denying 205 Motion to Dismiss Plaintiffs affirmative defense of fraud and Plaintiff is ordered to amend its answer within ten (10) days of this ruling. Defendants must respond to Plaintiffs amended answer within fourteen (14) days of Plaintiffs filing.. Signed by Judge James J. Brady on 11/30/10. (PAH)
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Filing
233
RULING denying 212 Motion to Quash; denying 215 Motion to Quash. Signed by Magistrate Judge Stephen C. Riedlinger on 11/16/10. (BP)
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Filing
229
RULING denying 204 Joint Motion to Quash Central Facilities Operating and Echelon Subpoenas. Signed by Magistrate Judge Stephen C. Riedlinger on 11/12/2010. (CMM)
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Filing
216
SUPPLEMENTAL RULING on Motion to Set Hearing... The defts sought to delay the ruling on the pltfs motion to compel or to have the motion to compel decided at the same time as the defts motion to dismiss, the defts Motion to Set Hearing on Defts Moti on to Dismiss KeyBank National Assn.s Affirmative Defense of Fraud Pursuant to FRCP 9(b) in Coordination With or Prior to the Hearing on KeyBank National Assn.s Expedited Motion to Compel Discovery, Extend Discovery Deadlines and for Sanctions 206 is denied. Signed by Magistrate Judge Stephen C. Riedlinger on 10/27/2010. (JDL)
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Filing
166
RULING denying 152 Motion to Dismiss pursuant to F.R.C.P 12(b)(6).. Signed by Judge James J. Brady on 7/19/2010. (CMM,)
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Filing
161
Ruling granting in part and denying in part Plaintiff's 114 Motion to Dismiss Defendant's Counterclaims.. Signed by Judge James J. Brady on 6/16/2010. (CMM,)
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Filing
156
RULING denying 91 Keybank's Motion for Summary Judgment on its right to foreclose and to enforce the payment guaranty. Signed by Judge James J. Brady on 5/26/10. (BP, ) Modified on 5/26/2010 to edit doc type (BP, ).
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Filing
151
RULING denying 131 MOTION to Amend 129 First MOTION for Leave to File Intervention filed by Perkins & Bluebonnet, LLC and 129 First MOTION for Leave to File Intervention filed by Perkins & Bluebonnet, LLC is moot. Signed by Judge James J. Brady on 5/18/10. (BP, )
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Filing
147
RULING denying 127 MOTION to Strike Supplemental Declarations or For Adequate Time to Respond to Them filed by Perkins Rowe Associates II, L.L.C., Perkins Rowe Associates, L.L.C.,, Perkins Rowe Block A Condominiums, L.L.C., Joseph T. Spinosa. 128 MOTION for Expedited Hearing is moot. Signed by Judge James J. Brady on 5/12/10. (BP, )
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Filing
105
RULING denying 82 Motion to Compel Depositions and to Extend Discovery Deadline ; granting in part and denying in part 81 Motion for a Protective Order and to Quash, as stated herein. Signed by Magistrate Judge Stephen C. Riedlinger on 3/24/10. (BP, ) Modified on 3/25/2010 to mark as a written opinion (DQA, ).
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Filing
69
PROTECTIVE ORDER. Signed by Magistrate Judge Stephen C. Riedlinger on 12/15/2009. (JDL, )
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Filing
53
RULING denying 38 Motion to Dismiss. Signed by Judge James J. Brady on 11/20/09. (BP, )
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