Stonecrest Partners, LLC v. The Bank of Hampton Roads
| Stonecrest Partners, LLC |
| The Bank of Hampton Roads |
| 7:2010cv00063 |
| April 5, 2010 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| BRUNSWICK |
| Louise Wood Flanagan |
| Contract: Other |
| 28 U.S.C. ยง 1441 Notice of Removal |
| Plaintiff |
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Filing
98
ORDER denying 63 Motion for Judgment on the Pleadings and declining to adopt in full 87 Memorandum and Recommendations - The magistrate judge correctly determined that the Bank's claim against the Guarantors may not be asserted via a third-p arty complaint pursuant to Rule 14. But the court also concludes that it is appropriate to redesignate that claim as a counterclaim under Rule 13(h) and 20(a)(2), rather than dismissing it without prejudice as recommended by the magistrate judge. Acc ordingly, the Guarantor's motion for judgment on the pleadings 63 is DENIED and the Clerk is directed to conform the case caption to that presented in this order. The Bank's counterclaim is deemed served on the Guarantors as of the date o f entry of this order. The Guarantors shall have twenty-one (21) days from date of entry of this order to file a responsive pleading to the Bank's counterclaim. If any claims against the Bank are asserted in that responsive pleading, the Bank sh all have twenty-one (21) days from service to file their own responsive pleading. The dispositive motions deadline is suspended and this case removed from the trial docket. Within fourteen (14) days after the pleadings are framed, the parties shall submit supplemental joint report and plan to the court. Signed by Chief Judge Louise Wood Flanagan on 08/17/2011. (Baker, C.)
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Filing
71
CONSENT PROTECTIVE ORDER- Signed by US Magistrate Judge Robert Jones on 02/25/2011. (Baker, C.)
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Filing
28
ORDER granting 18 Motion for Judgment on the Pleadings - Third-party counterclaimants' ECOA claim is dismissed. The parties are reminded that this case will proceed according to the deadlines and procedures set forth in the Case Management Order entered July 14,2010. Signed by Chief Judge Louise Wood Flanagan on 09/05/2010. Copies served electronically. (Baker, C.)
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| Plaintiff: Stonecrest Partners, LLC | |
| Represented By: | Bruce H. Robinson, Jr. |
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| Defendant: The Bank of Hampton Roads | |
| Represented By: | Camden R. Webb |
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