Estate of Cheryl Montileaux v. USA
| Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr., Naomi Montileaux, Charles T. Montileaux, Jr. and Miriam C. Montileaux |
| The United States Government, Federal Deposit Insurance Corporation (F.D.I.C.), Farmers State Bank, Board of Directors and Members, Lasalle National Bank, President and Board of Directors, Norwest Bank, The President and Board of Directors, Northern Trust Co., President James J. Jares and Northern Trust Co., Employee Richard Nelson |
| 5:2005cv05049 |
| June 21, 2005 |
| US District Court for the District of South Dakota |
| Western Division Office |
| Andrew W Bogue |
| Torts: Personal Property - Other Fraud |
| 31 U.S.C. § 3731 |
| None |
Docket Report
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| Filing 67 JUDGMENT dismissing this action w/prejudice as to Plaintiff Charles T. Montileaux, Sr.; and dismissing case w/o prejudice as to the remaining plaintiffs, and without costs to either party. Signed by Judge Andrew W. Bogue on November 16, 2005. (JLH, ) |
Filing 65
MEMORANDUM OPINION AND ORDER re GRANTING #42 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; GRANTING #46 MOTION to Dismiss For Failure to State a Claim upon which Relief can be Granted; DENYING #51 MOTION for Leave to to hold defendants Northern Trust in contempt for failure to respond in a timely manner; GRANTING #53 MOTION to Dismiss; GRANTING #59 MOTION for Joinder in Wells Fargo's Motion to Dismiss; DENYING #61 MOTION for Summary Judgment; DENYING #63 MOTION Oral Agument on Motion for Summary Judgment re #61 MOTION for Summary Judgment, Signed by Judge Andrew W. Bogue on November 16, 2005. (JLH, )
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| Filing 64 RESPONSE to Motion re #61 MOTION for Summary Judgment and REPLY re #60 RESPONSE in opposition to Banks Motion filed by Farmers State Bank, Board of Directors and Members, Lasalle National Bank, President and Board of Directors, Norwest Bank, The President and Board of Directors, Northern Trust Co., President James J. Jares, Northern Trust Co., Employee Richard Nelson. (Palmer, John) Modified on 11/10/2005 (SST, ). |
| Filing 63 MOTION for Oral Agument re #61 MOTION for Summary Judgment by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, Miriam Montileaux. (SST, ) |
| Filing 62 Letter from Clerk's Office to Rev. Montileaux transmitting copy of Local Rules (JLH, ) |
| Filing 61 MOTION for Summary Judgment by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, Miriam Montileaux. (JLH, ) |
| Filing 60 RESPONSE in opposition to Banks Motions re #46 Lasalle National Bank, President and Board of Directors' MOTION to Dismiss For Failure to State a Claim upon which Relief can be Granted; #42 Farmers State Bank, Board of Directors and Members' MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted; and #53 Northern Trust Co., Employee RIchard Nelson, Northern Trust Co, PResident James J. Jares' MOTION to Dismiss filed by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, Miriam Montileaux. (JLH, ) |
| Filing 59 MOTION for Joinder in Wells Fargo's Motion to Dismiss by Farmers State Bank, Board of Directors and Members. (Palmer, John) |
| Filing 58 NOTICE of Appearance by John Crisman Palmer on behalf of Farmers State Bank, Board of Directors and Members (Palmer, John) |
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Filing 56
ORDER REASSIGNING CASE. Case reassigned to Judge Andrew W. Bogue for all further proceedings. Judge Karen E. Schreier no longer assigned to case Signed by Judge Karen E. Schreier on 10/24/05. (KC, )
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| Filing 55 STATEMENT OF MATERIAL FACTS re #53 Motion to Dismiss by Defendants Northern Trust Co., President James J. Jares, Northern Trust Co., Employee Richard Nelson. (Palmer, John) |
| Filing 54 BRIEF by Defendants Northern Trust Co., President James J. Jares, Northern Trust Co., Employee Richard Nelson re #53 MOTION to Dismiss. (Palmer, John) |
| Filing 53 MOTION to Dismiss by Northern Trust Co., President James J. Jares, Northern Trust Co., Employee Richard Nelson. (Palmer, John) |
| Filing 52 NOTICE of Appearance by John Crisman Palmer on behalf of Northern Trust Co., President James J. Jares, Northern Trust Co., Employee Richard Nelson (Palmer, John) |
| Filing 51 MOTION for Leave to to hold defendants Northern Trust in contempt for failure to respond in a timely manner by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, Miriam Montileaux. (JLH, ) |
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Filing 49
ORDER granting #33 Motion to Dismiss and denying as moot Motion to Substitute Party. Federal Deposit Insurance Corporation (F.D.I.C.) and The United States Government terminated. Signed by Judge Karen E. Schreier on 10/05/05. (KC, )
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| Filing 48 MEMORANDUM in Support re #46 MOTION to Dismiss For Failure to State a Claim upon which Relief can be Granted filed by Lasalle National Bank, President and Board of Directors. (Palmer, John) |
| Filing 47 STATEMENT OF MATERIAL FACTS re #46 Motion to Dismiss by Defendant Lasalle National Bank, President and Board of Directors. (Palmer, John) |
| Filing 46 MOTION to Dismiss For Failure to State a Claim upon which Relief can be Granted by Lasalle National Bank, President and Board of Directors. (Palmer, John) |
| Filing 45 NOTICE of Appearance by John Crisman Palmer on behalf of Lasalle National Bank, President and Board of Directors (Palmer, John) |
| Filing 44 STATEMENT OF WELLS FARGO BANK'S MATERIAL FACTS by Defendant Farmers State Bank, Board of Directors and Members. (Palmer, John) |
| Filing 43 MEMORANDUM in Support re #42 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted filed by Farmers State Bank, Board of Directors and Members. (Attachments: #1 Exhibit A)(Palmer, John) |
| Filing 42 MOTION to Dismiss For Failure to State a Claim Upon Which Relief Can Be Granted by Farmers State Bank, Board of Directors and Members. (Palmer, John) |
| Filing 41 NOTICE of Appearance by John Crisman Palmer on behalf of Farmers State Bank, Board of Directors and Members (Palmer, John) |
| Filing 40 RETURN OF SERVICE by Defendant Northern Trust Co., on Daniel Burnham, Director (JLH, ) |
| Filing 39 RETURN OF SERVICE by Defendant Northern Trust Co., on Wallace G. Kelley (JLH, ) |
| Filing 38 RETURN OF SERVICE by Defendant Lasalle National Bank, President and Board of Directors on Norman R. Bobins (JLH, ) |
| Filing 37 RETURN OF SERVICE by Defendant Lasalle National Bank, President and Board of Directors on Reginna Eddings NOTE Return Receipt is not signed or dated (JLH, ) |
| Filing 36 RETURN OF SERVICE Executed upon Defendant John Rau, Lasalle National Bank, President and Board of Directors (JLH, ) |
| Filing 35 RETURN OF SERVICE Executed upon Defendant Norwest Bank, The President and Board of Directors on Northwest Minnesota now Wells Fargo (JLH, ) |
| Filing 34 MEMORANDUM in Support re #33 MOTION to Substitute Party and Motion to Dismiss filed by The United States Government. (Attachments: #1 Exhibit 1 - Declaration Under Penalty of Perjury of Robert E. Feldman; #2 Exhibit B - Declaration of Stephen K. Myers)(SST, ) |
| Filing 33 MOTION to Substitute and MOTION to Dismiss by The United States Government. (SST, ) |
| Filing 32 RETURN OF SERVICE Executed upon on Terry Baloun Farmers State Bank/Norwest Bank (JLH, ) |
| Filing 31 RETURN OF SERVICE Executed upon on Jerry Ross, Farmers state Bank/Norwest Bank (JLH, ) |
| Filing 30 RETURN OF SERVICE Executed upon on Gary Olson, Farmers State Bank/Norwest Bank, Winner, SD (JLH, ) |
| Filing 29 RETURN OF SERVICE Executed upon Defendant Farmers State Bank, Board of Directors and Members on Jerry Ross Farmers State Bank/Norwest Bank (JLH, ) |
| Filing 28 RETURN OF SERVICE Executed upon on Richard Nelson, Former Vice President, Farmers State Bank/Norwest Bank, Winner, SD (JLH, ) |
| Filing 27 RETURN OF SERVICE Executed upon on James J. Jares, Former President Farmers State Bank/Norwest Bank, Winner, SD (JLH, ) |
| Filing 26 RETURN RECEIPT FOR SERVICE Executed upon Defendant Norwest Bank, The President and Board of Directors on Norwest Bank, Winner SD (JLH, ) |
| Filing 25 RETURN RECEIPT FOR SERVICE Executed upon on Farmers State Bank (JLH, ) |
| Filing 24 AFFIDAVIT of Service for Complaint on 08/30/05, filed by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, Miriam Montileaux. (JLH, ) |
| Filing 23 List from Charles Montileaux of persons/addresses to be served (list provided 08/29/05 (JLH, ) |
| Filing 22 Letter from Clerks Office to Charles Montileaux requesting list (letter dated 08/25/05) (JLH, ) |
| Filing 21 Letter from Charles Montileaux to Clerks Office re: list of names/addresses previously supplied should be sufficient or perhaps the 'top presidents an/or CEOs be subpeoned to appear' (Letter dated 08/23/05) (JLH, ) |
| Filing 20 Letter from Clerks Office to Charles Montileaux requesting list of persons/addresses to be served (letter dated 08/19/05) (JLH, ) |
| Filing 19 Letter from Clerks Office to Charles Montileaux request list of names/addresses (letter dated 07/11/05) (JLH, ) |
| Filing 18 Letter from Charles Montileaux to Clerk's Office re: persons to be served (letter dated 07/08/05) (JLH, ) |
| Filing 17 Letter from Charles Montileaux enclosing the names/addresses of various parties to serve (JLH, ) |
| Filing 16 RETURN OF SERVICE by Defendant The United States Government on August 4, 2005 (JLH, ) |
| Filing 15 MAILING copy of original file to Hon. Alberto Gonzales, certified recept # 7004 2890 0003 8604 6016 (JLH, ) Additional attachment(s) added on 7/28/2005 (JLH, ). |
| Filing 14 Mail Returned as Undeliverable. Mail sent to Alberto Gonzales (JLH, ) |
| Filing 13 RECEIPT for USPS Domestic Return Receipt - Michelle Tapken (MWT, ) |
| Filing 12 NOTICE of Appearance by Scott Alan Roetzel on behalf of The United States Government (Roetzel, Scott) |
| Filing 11 AMENDED Affidavit of Mailing by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, Miriam Montileaux. Amendment to #8 Affidavit of Service,. (JLH, ) |
| Filing 10 ACKNOWLEDGEMENT OF SERVICE Executed as to #1 Complaint Acknowledgement filed by The United States Government. (MWT, ) |
| Filing 9 RETURN OF SERVICE Executed upon Robert Mandel, Assistant U.S. Attorney, in behalf of Defendant The United States Government on 7/7/05. (SST, ) |
| Filing 8 AFFIDAVIT of Mailing original file served on Hon. Alberto Gonzales, United States Attorney General; Michelle Tapken, Acting U.S. Attorney; Robert Mandel, Assistant U.S. Attorney; and Federal Deposit Insurance Corporation on 07/06/05, filed by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, Miriam Montileaux. (JLH, ) Additional attachment(s) added on 7/6/2005 (JLH, ). |
| Filing 7 Letter from Clerk's Office to Rev. Montileaux requesting addresses of various defendants (JLH, ) |
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Filing 5
ORDER directing Clerk to serve defendants; requiring response. Signed by Judge Karen E. Schreier on 07/05/05. (KC, )
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| Filing 4 Letter from Charles T. Montileaux, Sr. (Attachments: #1 Standard Form 95) (MWT, ) |
| Filing 3 AFFIDAVIT in Forma Pauperis of Charles T. Montileaux Sr. (SST, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, and Miriam Montileaux. (SST, ) |
| Filing 1 COMPLAINT filed by Estate of Cheryl Montileaux (deceased), Charles T. Montileaux, Sr, Naomi Montileaux, Charles T. Montileaux, Jr, and Miriam Montileaux, with three pages of Attachments. (SST, ) |
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