Schniper et al v. ServisFirst Bancshares, Inc., et al
Plaintiff: Speciality Foods of Alabama, Inc. doing business as Tsitalia Imports, Stephen Schniper and Dorothy Ann Beasley-Schniper
Defendant: ServisFirst Bancshares, Inc. doing business as ServisFirst Bank, William Richard Boyd, Jr. and ServisFirst Bancshares, Inc. a Delaware Corporation doing business as ServisFirst Bank
Case Number: 1:2021cv00171
Filed: July 2, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: Max O Cogburn
Referring Judge: David Keesler
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. ยง 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 28, 2021 Opinion or Order Filing 19 ORDER granting #18 Plaintiff's Motion for Extension of Time to File Response/Reply re #18 MOTION for Extension of Time to File Response/Reply re: #14 MOTION to Transfer , #14 MOTION to Transfer. Responses due by 9/10/2021. Signed by Magistrate Judge David Keesler on 8/27/21. (mga)
August 27, 2021 Filing 18 MOTION for Extension of Time to File Response/Reply re: #14 MOTION to Transfer by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. Responses due by 9/10/2021 (Dearwester, Jane). Motions referred to David Keesler.
August 24, 2021 Opinion or Order Filing 17 ORDER granting #16 Motion for Extension of Time to File Response/Reply re #12 MOTION to Dismiss for Failure to State a Claim . Responses due by 9/7/2021. Signed by Magistrate Judge David Keesler on 8/23/21. (mga)
August 23, 2021 Filing 16 MOTION for Extension of Time to File Response/Reply re: #12 MOTION to Dismiss for Failure to State a Claim by Dorothy Ann Beasley-Schniper, Stephen Schniper, Speciality Foods of Alabama, Inc.. Responses due by 9/7/2021 (Dearwester, Jane). Motions referred to David Keesler.
August 13, 2021 Filing 15 MEMORANDUM in Support re #14 MOTION to *Transfer by ServisFirst Bancshares, Inc.. (Attachments: #1 Exhibit A. Declaration of Henry Abbott, #2 Exhibit B. Ms. Schniper Pet. for Bankruptcy, #3 Exhibit C. Mr. Schniper Pet. for Bankruptcy, #4 Exhibit D. 2nd Mr. Schniper Pet. for Bankruptcy, #5 Exhibit E. Change in Terms Agreement, #6 Exhibit F. Business Loan Agreement, #7 Exhibit G. Commercial Security Agreement, #8 Exhibit H. Commercial Guaranty, #9 Exhibit I. Deed of Trust, #10 Exhibit J. Al Lawsuit, #11 Exhibit K. Al Lawsuit Counterclaims, #12 Exhibit L. Forbearance Agreement, #13 Exhibit M. Al Lawsuit Dismissal, #14 Exhibit N. Specialty Foods Pet. for Bankruptcy, #15 Exhibit O. Specialty Foods Consent Order, #16 Exhibit P. Ms. Schniper Order Modifying Stay, #17 Exhibit Q. Specialty Foods Sale Order, #18 Exhibit R. Ms. Schniper Sale Order, #19 Exhibit S. Specialty Foods Mot. to Enforce, #20 Exhibit T. Ms. Schniper Mot. to Enforce, #21 Exhibit U. Ms. Schniper Order Re Stay, #22 Exhibit V. Specialty Foods Order Re Stay, #23 Exhibit W. Ms. Schniper Dismissal, #24 Exhibit X. Mr. Schniper Order Graning Relief from Stay, #25 Exhibit Y. Mr. Schniper Dismissal, #26 Exhibit Z. 2nd Mr. Schniper Dismissal, #27 Exhibit AA. Notice of Hearing)(Dunlap, Jonathan) Modified *text on 8/13/2021 (ejb).
August 13, 2021 Filing 14 MOTION to *Transfer by ServisFirst Bancshares, Inc. Responses due by 8/27/2021 (Dunlap, Jonathan). Motions referred to David Keesler. Modified *text on 8/13/2021. NEF Regenerated (ejb).
August 9, 2021 Filing 13 MEMORANDUM in Support re #12 MOTION to Dismiss for Failure to State a Claim by ServisFirst Bancshares, Inc.. (Attachments: #1 Exhibit A. Declaration of Henry Abbott, #2 Exhibit B. Ms. Schniper Pet. for Bankruptcy, #3 Exhibit C. Mr. Schniper Pet. for Bankruptcy, #4 Exhibit D. 2nd Mr. Schniper Pet. for Bankruptcy, #5 Exhibit E. Change in Terms Agreement, #6 Exhibit F. Business Loan Agreement, #7 Exhibit G. Commercial Security Agreement, #8 Exhibit H. Commercial Guaranty, #9 Exhibit I. Deed of Trust, #10 Exhibit J. Al Lawsuit, #11 Exhibit K. Al Lawsuit Counterclaims, #12 Exhibit L. Forbearance Agreement, #13 Exhibit M. Al Lawsuit Dismissal, #14 Exhibit N. Specialty Foods Pet. for Bankruptcy, #15 Exhibit O. Specialty Foods Consent Order, #16 Exhibit P. Ms. Schniper Order Modifying Stay, #17 Exhibit Q. Specialty Foods Sale Order, #18 Exhibit R. Ms. Schniper Sale Order, #19 Exhibit S. Specialty Foods Mot. to Enforce, #20 Exhibit T. Ms. Schniper Mot. to Enforce, #21 Exhibit U. Ms. Schniper Order Re Stay, #22 Exhibit V. Specialty Foods Order Re Stay, #23 Exhibit W. Ms. Schniper Dismissal, #24 Exhibit X. Mr. Schniper Order Graning Relief from Stay, #25 Exhibit Y. Mr. Schniper Dismissal, #26 Exhibit Z. 2nd Mr. Schniper Dismissal, #27 Exhibit AA. Notice of Hearing)(Dunlap, Jonathan)
August 9, 2021 Filing 12 MOTION to Dismiss for Failure to State a Claim by ServisFirst Bancshares, Inc.. Responses due by 8/23/2021 (Dunlap, Jonathan)
August 9, 2021 Filing 11 Defendant Trustee's ANSWER to Complaint contained in #1 Notice of Removal,,,, by William Richard Boyd, Jr.(Gottschalk, Tikkun)
July 16, 2021 Filing 10 NOTICE of Appearance by Jane Ann Dearwester on behalf of All Plaintiffs (Dearwester, Jane)
July 13, 2021 Filing 9 NOTICE of Appearance by Esther Elizabeth Manheimer on behalf of ServisFirst Bancshares, Inc. (Manheimer, Esther)
July 7, 2021 Opinion or Order Filing 8 ORDER granting #6 Motion for Extension of Time to Answer Complaint contained in #1 Notice of Removal. William Richard Boyd, Jr answer due 8/9/2021; ServisFirst Bancshares, Inc. answer due 8/9/2021. Signed by Magistrate Judge David Keesler on 7/7/2021. (mek)
July 7, 2021 Filing 7 NOTICE of Case Assignment Package by ServisFirst Bancshares, Inc. (Dunlap, Jonathan)
July 7, 2021 Filing 6 Joint MOTION for Extension of Time to Answer to Otherwise Respond by ServisFirst Bancshares, Inc., William Richard Boyd, Jr. (Dunlap, Jonathan). Motions referred to David Keesler. Modified on 7/8/2021 to add an additional filer of this document (ejb).
July 7, 2021 Filing 5 NOTICE of Appearance by Tikkun A.S. Gottschalk on behalf of William Richard Boyd, Jr (Gottschalk, Tikkun)
July 7, 2021 Filing 4 Document Deleted (incorrect .pdf). Attorney refiled corrected .pdf, see docket entry #5 . Modified on 7/8/2021. NEF Regenerated (ejb).
July 7, 2021 Filing 3 NOTICE of Appearance by Mark Alan Pinkston on behalf of ServisFirst Bancshares, Inc. (Pinkston, Mark)
July 2, 2021 Filing 2 Corporate Disclosure Statement by ServisFirst Bancshares, Inc. (Dunlap, Jonathan)
July 2, 2021 Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of Avery County, case number 21 CVS 173. (Filing fee $ 402 receipt number 0419-5101777), filed by ServisFirst Bancshares, Inc. (Attachments: #1 Exhibit A. Summons and Complaint, #2 Exhibit B. Trustee Notice of Consent to Removal, #3 Exhibit C. Speciality Foods Bankruptcy Docket, #4 Exhibit D. Order Dismissing Case (Schniper 2nd Case), #5 Exhibit E. Order Conditionally Authorizing Use of Cash Collateral, #6 Exhibit F. Order Terminating Stay (Speciality Foods), #7 Exhibit G. Order Modifying Stay (Beasley-Schniper), #8 Exhibit H. Order Terminating Stay (Beasley-Schniper), #9 Exhibit I. Consent Order Granting Relief from Stay (Schniper), #10 Exhibit J. Sale Order (Speciality Foods), #11 Exhibit K. AL Lawsuit Counterclaims, #12 Exhibit L. AL Lawsuit Dismissal, #13 Exhibit M. Petition for Bankruptcy (Beasley-Schniper), #14 Exhibit N. Petition for Bankruptcy (Schniper), #15 Exhibit O. Notice of Filing Notice of Removal)(Dunlap, Jonathan) Modified on 7/2/2021 (hms).
July 2, 2021 Case assigned to District Judge Max O. Cogburn, Jr. and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document. (hms)
July 2, 2021 Set/Reset Deadlines: William Richard Boyd, Jr answer due 7/9/2021; ServisFirst Bancshares, Inc. answer due 7/9/2021. (hms)

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Defendant: ServisFirst Bancshares, Inc. doing business as ServisFirst Bank
Represented By: Jonathan H. Dunlap
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Defendant: William Richard Boyd, Jr.
Represented By: Tikkun A.S. Gottschalk
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Defendant: ServisFirst Bancshares, Inc. a Delaware Corporation doing business as ServisFirst Bank
Represented By: Esther Elizabeth Manheimer
Represented By: Jonathan H. Dunlap
Represented By: Mark Alan Pinkston
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Plaintiff: Speciality Foods of Alabama, Inc. doing business as Tsitalia Imports
Represented By: Jane Ann Dearwester
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Plaintiff: Stephen Schniper
Represented By: Jane Ann Dearwester
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Plaintiff: Dorothy Ann Beasley-Schniper
Represented By: Jane Ann Dearwester
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