Fifth Third Bank v. Sharp et al
| Fifth Third Bank |
| Annette D. Sharp and David K. Sharp |
| 3:2018cv01400 |
| December 28, 2018 |
| US District Court for the Middle District of Tennessee |
| William L Campbell |
| Alistair Newbern |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on February 27, 2020. A more recent docket listing may be available from PACER.
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Filing 24
ORDER: Plaintiff has informed the Court that the bankruptcy proceedings involving Mr. Sharp have not been resolved at this time and remain subject to administration of Mr. Sharp's Chapter 11 Plan of Reorganization. As Mr. Sharp is the only remaining defendant in this action, this case is automatically STAYED, pursuant to 11 U.S.C. 362. The Clerk is DIRECTED to administratively close this case. The case may be reopened, if appropriate, upon the filing of a motion by either party. Signed by District Judge William L. Campbell, Jr on 2/27/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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| Filing 23 MOTION to Stay Proceedings against David K. Sharp without Dismissal and Administratively Close Case by Fifth Third Bank. (Bradford, Payton) |
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Filing 22
ORDER: It appears to the Court that all of the claims in this case have been resolved. Accordingly, this case is administratively closed. Absent a filing from any party providing the status of this case, this case shall be dismissed with prejudice on February 28, 2020. Signed by District Judge William L. Campbell, Jr on 2/18/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(vh)
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Filing 21
ORDER: Pending before the Court is a Notice of Voluntary Dismissal by the Plaintiff as to Defendant Annette D. Sharp (Doc. No. 20). The Plaintiffs cite Fed. R. Civ. P. 41, but that rule applies to the dismissal of actions, not only some claims or parties. Accordingly, pursuant to Fed. R. Civ. P. 21, the Court DISMISSES Defendant Annette D. Sharp from this action. Signed by District Judge William L. Campbell, Jr on 10/31/2019. (am)
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| Filing 20 NOTICE of Voluntary Dismissal by Fifth Third Bank (Bradford, Payton) |
| Filing 19 STATUS REPORT re: Settlement by Fifth Third Bank. (Bradford, Payton) |
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Filing 18
ORDER: On September 18, 2019, Plaintiff Fifth Third Bank filed a status report notifying the Court that it had engaged in settlement discussions with Defendant Annette Sharp and that the parties "anticipate executing a settlement agreement shortly." (Doc. No. #17 , PageID# 59.) The parties are hereby ORDERED to file a joint status report by October 30, 2019, of their anticipated timeline for filing the necessary settlement documents to resolve this case. Signed by Magistrate Judge Alistair Newbern on 10/23/2019. (jm)
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| Filing 17 STATUS REPORT Regarding Claims against Annette Sharp by Fifth Third Bank. (Bradford, Payton) |
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Filing 16
ORDER: Fifth Third Bank is ORDERED to file a status report by September 19, 2019, informing the Court of the status of D. Sharp's bankruptcy proceedings and of its plans for prosecuting its claims against A. Sharp in this action, including any plans to file a motion for default judgment under Federal Rule of Civil Procedure 55(b). Signed by Magistrate Judge Alistair Newbern on 9/5/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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Filing 15
ORDER: It appearing that Defendant Annette D. Sharp was duly served with a copy of the Summons and Complaint in this matter, and it further appearing that she has failed to plead or otherwise defend this action and more than twenty-one days have passed since she has been served, the Clerk finds that entry of default is appropriate. Accordingly, upon motion of the Plaintiff, default is hereby entered against Defendant Annette D. Sharp pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. Signed by Vicki R. Kinkade, Acting Clerk of Court on 3/18/2019. (xc: Sent to Annette D. Sharp by regular mail to the address provided at DE #8 .) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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Filing 14
ORDER: The #13 motion is GRANTED. The initial case management conference is CONTINUED pending resolution of the Plaintiff's motion for default and suggestion of bankruptcy. Plaintiff's counsel shall move to reset the initial case management conference within seven days of the resolution of those motions. Signed by Magistrate Judge Alistair Newbern on 2/28/2019. (jm)
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| Filing 13 MOTION to Continue Initial Case Management Conference by Fifth Third Bank. (Bradford, Payton) |
| Filing 12 MOTION for Entry of Default as to Annette D. Sharp by Fifth Third Bank. (Attachments: #1 Exhibit A- Affidavit of Payton M. Bradford)(Bradford, Payton) |
| Filing 11 SUGGESTION OF BANKRUPTCY Upon the Record as to David K. Sharp by Fifth Third Bank. (Bradford, Payton) |
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Filing 10
ORDER: Due to a conflict in the Court's calendar, the initial case management conference scheduled for March 5, 2019, at 10:00 a.m. is reset for Thursday, March 7, 2019, at 10:00 a.m. in Courtroom 774, U.S. Courthouse 801 Broadway, Nashville, Tennessee. The parties shall submit a proposed case management order three business days prior to the conference. Signed by Magistrate Judge Alistair Newbern on 2/19/2019. (jm)
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| Filing 9 SUMMONS returned executed by Fifth Third Bank. David K. Sharp served on 1/7/2019. (Bradford, Payton) |
| Filing 8 SUMMONS returned executed by Fifth Third Bank. Annette D. Sharp served on 1/7/2019. (Bradford, Payton) |
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Filing 7
ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Lead counsel for the parties shall attend the initial case management conference. Signed by District Judge William L. Campbell, Jr on 1/4/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jm)
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| Filing 6 NOTICE of Initial Case Management Conference set for 3/5/2019 at 10:00 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (jm) |
| Filing 5 Summons issued as to Annette D. Sharp and David K. Sharp. (Service copies will be picked up by counsel.) (jm) |
| Filing 4 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Fifth Third Bank. (Attachments: #1 Attachment Attachment to Business Entity Disclosure)(Bradford, Payton) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jm) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (jm) |
| Filing 1 COMPLAINT against Annette D. Sharp and David K. Sharp (Filing fee $400, Receipt number 0650-2823076), filed by Fifth Third Bank. (Attachments: #1 Attachment Civil Cover Sheet, #2 Exhibit A - D. Sharp Guaranty, #3 Exhibit B - A. Sharp Guaranty, #4 Exhibit C - Note, #5 Exhibit D - Demand Letter)(jm) |
| TN State Bar status verified as active for J. Patrick Warfield and Payton M. Bradford. (jm) |
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