Fifth Third Bank v. Windhaven Shores, Inc. et al
| Fifth Third Bank |
| Windhaven Shores, Inc., Jerry D. Butler, Robert Phillips, Sr., Phillip C. Saindon, Jr., Bonnie Kay Saindon, Ralph D. Stevens, Jack Williams and Frances E. Williams |
| 3:2010cv00034 |
| January 12, 2010 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Robert Echols |
| E. Clifton Knowles |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
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The following documents for this case are available for you to view or download:
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Filing
68
ORDER: The Court has reviewed the Report and Recommendation (Doc. No. 66 ) and finds it should be ADOPTED and APPROVED. Accordingly, 1. Defendant/judgment debtor France E. Williams' motion to quash garnishment/execution (Doc. No. 63 ) is GRANT ED. 2. The writ of execution directed to Regions Bank (Doc. No. 61 ) is hereby QUASHED and DISSOLVED. 3. Counsel for defendant/judgment debtor Frances E. Williams shall file a notice providing the payee information address to which the check should be sent. After this information is received, the Court will issue a separate order directing the Clerk of Court to release the funds to Ms. Williams. It is so ORDERED. Signed by District Judge William L. Campbell, Jr on 11/9/2023. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af)
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Filing
66
REPORT AND RECOMMENDATION: For the above stated reasons, it is respectfully RECOMMENDED that: 1. Defendant/judgment debtor Frances E. Williams's motion to quash garnishment/execution (Docket No. 63 ) be GRANTED; 2. The writ of execution directe d to Regions Bank (Docket No. 61 ) be QUASHED and DISSOLVED. The funds being held by the Clerk of Court on behalf of Regions Bank in the amount of $268,997.74 be RELEASED to defendant/judgment debtor Frances E. Williams and that counsel for def endant/judgment debtor Frances E. Williams coordinate directly with the Clerk of Court regarding the release of the funds. In an effort to avoid any further confusion regarding the released funds, the Clerk of Clerk provide to Regions Bank a copy of any final order directing the release of the funds. Signed by Magistrate Judge Barbara D. Holmes on 10/25/23. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ad)
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Filing
59
MEMORANDUM AND ORDER: For the reasons stated herein, the Motion to Extend Judgment for an Additional Ten Years (Doc. No. 46 ) will be GRANTED. Accordingly, the Judgment in this case is hereby extended against Frances Williams, Jack Williams, and R alph Stevens for an additional ten years from the date of final judgment. The remaining Defendant against which Belay Capital seeks to extend the judgment is Windhaven Shores, Inc. Windhaven Shores, Inc. has not responded to the Motion. Accordingly, the Judgment in this case is also extended against Windhaven Shores, Inc. for an additional ten years. Signed by District Judge William L. Campbell, Jr on 4/26/2022. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(bs)
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Filing
43
ORDER granting 42 Motion to Dismiss Robert Phillips Sr. Plaintiffs claims against Defendant Phillips are DISMISSED without prejudice. All Defendants having now been dismissed, the Clerk is directed to close this file. This Order shall constitute the final judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by Chief Judge Todd J. Campbell on 6/8/11. (dt)
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Filing
36
ORDER: Plaintiff's Motion for Summary Judgment 28 is GRANTED, and judgment is entered against all Defendants except Defendant Phillips in the amount of $2,013,925.85, plus interest accruing at the rate of $1,255.73971 per day from 9/ 27/2010, until the date of this Order. The request for attorneys' fees is DENIED without prejudice to being re-filed in accordance with Rule 54.01(b) of the Local Rules of Court. The bench trial set for 5/10/2011, and the pretrial conference set for 5/2/2011, are canceled. Any other pending motions are denied as moot. Signed by Chief Judge Todd J. Campbell on 11/22/10. (dt)
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Filing
33
ORDER: Pending before the Court is Plaintiff's Motion for Summary Judgment 28 , to which no opposition has been filed. Defendant Robert Phillips, Sr., who is a Guarantor on the debt at issue herein, has filed a Suggestion of Bankruptcy 32 , in dicating that he has filed a voluntary Chapter 7 petition with the U.S. Bankruptcy Court, Middle District of Tennessee. Pursuant to Section 362(a) of the U.S. Bankruptcy Code, Defendant Phillips contends that this action is stayed, pending further or der of the Bankruptcy Court. The parties shall file briefs, on or before 11/19/2010, as to whether the Court can rule on the pending unopposed Motion for Summary Judgment, given the bankruptcy of Defendant Phillips. Signed by Chief Judge Todd J. Campbell on 11/4/10. (dt)
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