Rose et al v. Malone et al
| Jennie Adams Rose and James William Rose |
| Pinnacle Bank, Blue Ridge Bank and Trust Co. and Patrick Malone |
| Guardianship of B.R.M. |
| 3:2020cv00065 |
| January 23, 2020 |
| US District Court for the Middle District of Tennessee |
| Alistair Newbern |
| Eli J Richardson |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: This matter is set for an initial case management conference on March 30, 2020. (Doc. No. 5.) The conference will be held by telephone. Counsel for each party shall call (888) 557-8511 and enter access code 7819165# to participate. Counsel need not and should not appear in person. Signed by Magistrate Judge Alistair Newbern on 3/17/2020. (dt)
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| Filing 31 REPLY to Response to re #16 MOTION to Remand #25 Pinnacle Bank's Lmtd Resp. ISO Motion to Remand filed by Blue Ridge Bank and Trust Co.. (Purvis, Austin) |
| NOTICE TO FILER re DE#30 : The wrong event was used. The correct event should be Reply to Response to Motion. Counsel shall re-file the document. (dt) |
| Filing 30 RESPONSE filed by Blue Ridge Bank and Trust Co. re #25 Response in Support of Motion filed by Pinnacle Bank . (Purvis, Austin) |
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Filing 29
ORDER granting #22 Motion for David L. Ballew to Appear Pro Hac Vice. Signed by Kirk L. Davies on 3/10/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk)
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| Filing 28 SUPPLEMENT to #22 MOTION for attorney David L. Ballew to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3092716) by Blue Ridge Bank and Trust Co.. (Purvis, Austin) Modified on 3/11/2020 (dt). |
| Filing 27 SUPPLEMENT to #23 MOTION for attorney John M. Duggan to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3092717) by Blue Ridge Bank and Trust Co.. (Purvis, Austin) Modified on 3/11/2020 (dt). |
| Filing 26 REPLY to Response to re #16 MOTION to Remand filed by James William Rose, Jennie Adams Rose. (Switzer, Jeffrey) |
| Filing 25 RESPONSE in Support re #16 MOTION to Remand filed by Pinnacle Bank. (Smythe, David) |
| NOTICE TO FILER re DE# [ #22 , #23 ]: The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether disciplinary proceedings by any disciplinary authority, a finding of contempt or a sanction under 28 U.S.C. 1927 by any court, or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing such matters. Failure to do so will result in denial of the pro hac vice motion. (Davies, Kirk) |
| Filing 24 RESPONSE in Opposition re #16 MOTION to Remand filed by Blue Ridge Bank and Trust Co.. (Purvis, Austin) |
| Filing 23 MOTION for attorney John M. Duggan to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3092717) by Blue Ridge Bank and Trust Co.. (Attachments: #1 Attachment Certificate of Good Standing for John Duggan)(Purvis, Austin) |
| Filing 22 MOTION for attorney David L. Ballew to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-3092716) by Blue Ridge Bank and Trust Co.. (Attachments: #1 Attachment Certificate of Good Standing for David Ballew)(Purvis, Austin) |
| Filing 21 NOTICE by Patrick Malone re #1 Notice of Removal,,, Consent to Removal (Schuette, D.) |
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Filing 20
ORDER: Plaintiffs' Unopposed Motion to Extend Motion Response Deadlines (Doc. No. #18 ) is GRANTED. Plaintiffs shall respond to Defendants' Motions (Doc. Nos. #8 and #10 ), if appropriate, ten days after the Court enters an Order on Plaintiff's Motion to Remand (Doc. No. #16 ). Signed by District Judge Eli J. Richardson on 2/12/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 19 NOTICE of Joinder of Roses' Motion to Remand filed by Pinnacle Bank. (Smythe, David) Modified on 2/13/2020 (dt). |
| Filing 18 MOTION for Extension of Time to File Response/Reply as to #8 MOTION for More Definite Statement , #10 MOTION to Dismiss for Lack of Jurisdiction , #13 Order,, #9 Memorandum in Support, #11 Memorandum in Support (UNOPPOSED BY DEFENDANTS) by James William Rose, Jennie Adams Rose. (Switzer, Jeffrey) |
| Filing 17 MEMORANDUM in Support of #16 MOTION to Remand filed by James William Rose, Jennie Adams Rose . (Attachments: #1 Exhibit 9-14-17 Probate Order, #2 Exhibit Tennessee Trust, #3 Exhibit Missouri Trust, #4 Exhibit 3-15-18 Probate Order, #5 Exhibit 6-7-18 Probate Petition, #6 Exhibit 7-19-18 Probate Order, #7 Exhibit 5-20-19 Probate Status Report, #8 Exhibit Probate Property Management Plan, #9 Exhibit Idaho Complaint, #10 Exhibit Idaho Petition, #11 Exhibit Idaho Order, #12 Exhibit Probate Order 11-22-19/1-24-20, #13 Exhibit Probate Complaint, #14 Exhibit Probate Amended Complaint)(Switzer, Jeffrey) |
| Filing 16 MOTION to Remand by James William Rose, Jennie Adams Rose. (Switzer, Jeffrey) |
| TN State Bar status verified as active for David M. Smythe and David Overall Huff. (dt) |
| Filing 15 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Pinnacle Bank. (Smythe, David) |
| Filing 14 NOTICE of Appearance by David M. Smythe and David O. Huff on behalf of Pinnacle Bank. (Smythe, David) Modified on 1/31/2020 (dt). |
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Filing 13
ORDER: On January 29, 2020, Defendant Blue Ridge Bank and Trust Co. filed a motion to dismiss, or alternatively motion for more definite statement. (Doc. No. #10 .) Pursuant to Local Rule 7.01(a)(3), any response is to be filed within 14 days after service of the motion. M.D. Tenn. R. 7.01(a)(3) (response). A reply memorandum not to exceed five pages may be filed within 7 days after service of the response. Id. 7.01(a)(4) (reply). Any filings made related to the motion to dismiss, including motions for extensions of time or to exceed page limits, shall be decided by Judge Richardson unless referred to the undersigned magistrate judge. Signed by Magistrate Judge Alistair Newbern on 1/30/2020. (dt)
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| TN State Bar status verified as active for Austin K. Purvis, D. Gil Schuette, Lesa H. Skoney, John M. McDonald and Jeffrey J. Switzer. KS State Bar status verified as active for John Duggan and David L. Ballew.(dt) |
| NOTICE TO COUNSEL John Duggan and David L. Ballew: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 2/20/2020. (dt) |
| NOTICE TO COUNSEL Lesa H. Skoney and John M. McDonald: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 2/20/2020. (dt) |
| Filing 12 DECLARATION of Kim Roam filed by Blue Ridge Bank and Trust Co. re: #10 MOTION to Dismiss for Lack of Jurisdiction, or Alternatively Motion for More Definite Statement. (Purvis, Austin) Modified on 1/30/2020 (dt). |
| Filing 11 MEMORANDUM in Support of #10 MOTION to Dismiss for Lack of Jurisdiction, or Alternatively Motion for More Definite Statement filed by Blue Ridge Bank and Trust Co. . (Purvis, Austin) Modified on 1/30/2020 (dt). |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction, or Alternatively Motion for More Definite Statement by Blue Ridge Bank and Trust Co. (Purvis, Austin) Modified on 1/30/2020 (dt). |
| Filing 9 MEMORANDUM in Support of #8 MOTION for More Definite Statement filed by Patrick Malone . (Schuette, D.) |
| Filing 8 MOTION for More Definite Statement by Patrick Malone. (Schuette, D.) |
| Filing 7 NOTICE of Appearance by D. Gil Schuette on behalf of Patrick Malone (Schuette, D.) |
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Filing 6
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). This case shall be set for trial upon completion of the initial case management conference by order of the District Court in accordance with the procedures of Local Rule 16.01. Signed by District Judge Eli J. Richardson on 1/28/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)
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| Filing 5 NOTICE of Initial Case Management Conference set for 3/30/2020 at 10:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (dt) |
| Filing 4 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Blue Ridge Bank and Trust Co.. (Purvis, Austin) |
| Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (dt) |
| Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (dt) |
| Filing 1 NOTICE OF REMOVAL by Blue Ridge Bank and Trust Co. from Seventh Cicuit Court Davidson County Probate Division, case number 17P1523.(Filing fee $400, Receipt number 0650-3071258) (Attachments: #1 Exhibit A - Notice of Filing Notice of Removal, #2 Exhibit B - State Court Pleading Complaint, #3 Exhibit B - State Court Pleading Exhs to Complaint Part 1, #4 Exhibit B - State Court Pleading Exhs to Complaint Part 2, #5 Exhibit B - State Court Pleading Summoms Complaint Blue Ridge Bank & Trust, #6 Exhibit B - State Court Pleading Amended Complaint, #7 Exhibit B - State Court Pleading Exhs to Amended Complaint, #8 Exhibit B - State Court Pleading Summons Amended Complaint - Blue Ridge Bank & Trust)(dt) Modified on 1/27/2020 (dt). (Additional attachment(s) added on 1/27/2020: #9 Attachment - Civil Cover Sheet) (dt). Modified on 1/27/2020 (dt). |
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