Fifth Third Bank v. Eastcoast Packaging, Inc. et al
Plaintiff: Fifth Third Bank
Defendant: Eastcoast Packaging, Inc, Eastcoast Packaging, Inc., Alicia A. Carden and Kevin Carden
Case Number: 5:2016cv00690
Filed: July 21, 2016
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: FRANKLIN
Presiding Judge: Terrence W Boyle
Nature of Suit: Contract: Other
Cause of Action: 12 U.S.C. § 1821
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 4, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2017 Filing 22 STIPULATION of Dismissal by Fifth Third Bank (Young, Constance)
April 3, 2017 Opinion or Order Filing 21 ORDER directing parties to file dismissal documents dismissing this case by July 3, 2017, subject to the right of any party to provide notice to the Court within that time thatthe settlement will not be consummated. Signed by US District Judge Terrence W. Boyle on 4/3/2017. (Stouch, L.)
January 26, 2017 Filing 19 Selection of Charles M. Ivey, III as mediator filed by Kevin Carden, Alicia A. Carden, Eastcoast Packaging, Inc.. (White, James)
January 5, 2017 Opinion or Order Filing 18 SCHEDULING ORDER: Discovery due by 6/30/2017. Motions due by 7/31/2017. Signed by Magistrate Judge Kimberly A. Swank on 1/5/2017. Counsel is reminded to read the order in its entirety for important deadlines and information. (Stouch, L.)
January 5, 2017 Filing 17 STIPULATION of Dismissal of Count I of Verified Complaint by Fifth Third Bank (Young, Constance)
January 4, 2017 Remark - #16 Rule 26(f) Report referred to US Magistrate Judge Kimberly A. Swank for the entry of a scheduling order. (Stouch, L.)
January 3, 2017 Filing 16 Rule 26(f) Report (joint) filed by Fifth Third Bank. (Young, Constance)
December 12, 2016 Filing 15 ANSWER to #13 Answer to Complaint Counterclaim by Fifth Third Bank. (Young, Constance) Modified on 12/12/2016 (Stouch, L.).
November 22, 2016 Opinion or Order Filing 14 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 11/22/2016. (Attachments: #1 Consent to Magistrate Judge Jurisdiction Form) (Stouch, L.)
November 21, 2016 Filing 13 ANSWER to #1 Complaint with Jury Demand, COUNTERCLAIM against Fifth Third Bank by Eastcoast Packaging, Inc., Kevin Carden, Alicia A. Carden. (Attachments: #1 Exhibit Real Estate Loan Note and Deed of Trust, #2 Exhibit Guarantees, #3 Exhibit April 19th letter, #4 Exhibit May 2nd letter) (White, James)
October 26, 2016 Filing 12 Notice of Appearance filed by Michelle Merck Walker on behalf of Kevin Carden, Alicia A. Carden, Eastcoast Packaging, Inc.. (Walker, Michelle)
October 25, 2016 Notice to Counsel regarding: #11 Motion for Extension of Time to File Answer, as well as other filings. Each attorney should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). The second attorney listed with a signature block for the defendants does not appear to have a notice of appearance in this matter. (Stouch, L.)
October 21, 2016 TEXT ORDER granting defendants' second consent motion for extension of time to respond to plaintiff's complaint #11 . Defendants shall have through and including November 21, 2016, to respond to plaintiff's complaint #1 . Signed by Julie Richards Johnston, Clerk of Court on 10/21/2016. (Hockaday, A.)
October 21, 2016 Motion Referred to Julie Richards Johnston, Clerk of Court: #11 Second MOTION for Extension of Time to File Answer regarding #1 Complaint. (Stouch, L.)
October 20, 2016 Filing 11 Second MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Kevin Carden, Alicia A. Carden. (Attachments: #1 Text of Proposed Order Proposed Order) (White, James)
September 19, 2016 Filing 10 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Kevin Carden, Alicia A. Carden, Eastcoast Packaging, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (White, James)
September 19, 2016 TEXT ORDER granting defendants' motion for extension of time #10 . Defendants shall have through and including October 20, 2016 to file an answer or otherwise respond to plaintiff's complaint. Signed by Julie Richards Johnston, Clerk of Court on 9/19/2016. (Hockaday, A.)
September 19, 2016 Motion Referred to Julie Richards Johnston, Clerk of Court regarding: #10 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Romine, L.)
July 26, 2016 Filing 9 Financial Disclosure Statement by Alicia A. Carden (White, James)
July 26, 2016 Filing 8 Financial Disclosure Statement by Kevin Carden (White, James)
July 26, 2016 Filing 7 Financial Disclosure Statement by Eastcoast Packaging, Inc. (White, James)
July 26, 2016 Filing 6 Waiver of Service Returned Executed filed by Eastcoast Packaging, Inc., Kevin Carden, Alicia A. Carden. All Defendants. (White, James)
July 26, 2016 Filing 5 Notice of Appearance filed by James C. White on behalf of All Defendants. (White, James)
July 22, 2016 Filing 4 Summonses Issued as to Kevin Carden, Alicia A. Carden, Eastcoast Packaging, Inc. Counsel is directed to print summonses and effect service. (Romine, L.)
July 22, 2016 NOTICE TO COUNSEL regarding: #1 Complaint, #2 Financial Disclosure Statement, #3 Notice of Appearance. Counsel is notified that all future filings in this case must reflect that it is a "Western Division" matter in the caption. There is no "Raleigh Division." (Felder, J)
July 21, 2016 Filing 3 Notice of Appearance filed by Constance L. Young on behalf of Fifth Third Bank. (Young, Constance)
July 21, 2016 Filing 2 Financial Disclosure Statement by Fifth Third Bank identifying Corporate Parent Fifth Third Bancorp, Corporate Parent Fifth Third Financial Corporation for Fifth Third Bank. (Young, Constance)
July 21, 2016 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-3764929.), filed by Fifth Third Bank. (Attachments: #1 Exhibit 1 - Commercial Card Services Agreement, #2 Exhibit 2 - Guaranty Agreements, #3 Exhibit May 31, 2016, Demand Letter, #4 Exhibit 4 - Term Note, #5 Exhibit 5 - Revolving Note, #6 Exhibit 6 - Security Agreement, #7 Proposed Summons Eastcoast Packaging, Inc., #8 Proposed Summons Kevin Carden, #9 Proposed Summons Alicia Carden) (Young, Constance)
July 21, 2016 NOTICE TO COUNSEL - All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Felder, J)
July 21, 2016 Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.)

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Plaintiff: Fifth Third Bank
Represented By: Constance L. Young
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Defendant: Eastcoast Packaging, Inc
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Defendant: Eastcoast Packaging, Inc.
Represented By: Michelle Merck Walker
Represented By: James C. White
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Defendant: Alicia A. Carden
Represented By: Michelle Merck Walker
Represented By: James C. White
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Defendant: Kevin Carden
Represented By: Michelle Merck Walker
Represented By: James C. White
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