Downing et al v. Truist Financial Corporation
Plaintiff: J. Mark Downing and S. Virgiinia Downing
Defendant: Truist Financial Corporation doing business as Truist Bank, Truist Financial Corporation and Truist Bank
Not Classified By Court: Clerk W. Aaron Hall
Case Number: 2:2023cv02469
Filed: August 3, 2023
Court: US District Court for the Western District of Tennessee
Presiding Judge: Annie T Christoff
Referring Judge: John Thomas Fowlkes
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-(Citizenship)
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 1, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 15, 2023 Opinion or Order Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Defendant's Motion to Dismiss Plaintiff's First Amended Complaint for Declaratory Judgment, Injunctive Relief, Unconscionable Contract of Adhesion and Damages by Truist Bank, Truist Financial Corporation. (Attachments: #1 Memorandum of Law in Support of MTD, #2 Exhibit 1 (Part 1) - BSA, #3 Exhibit 1 (Part 2) - BSA)(Waldrop, Locke)
September 5, 2023 Opinion or Order Filing 10 AMENDED COMPLAINT First against All Defendants All Defendants., filed by All Plaintiffs. (Attachments: #1 Exhibit A-D, #2 Exhibit E-H) (Land, Jeffrey)
August 16, 2023 Opinion or Order Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Truist Financial Corporation. (Attachments: #1 Memorandum in Support of MTD, #2 Exhibit 1 (Part 1) - Agmt, #3 Exhibit 1 (Part 2) - Agmt)(Waldrop, Locke)
August 8, 2023 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to Answer. Truist Financial Corporation answer due 8/17/2023. Signed by Judge John Thomas Fowlkes, Jr. on August 8, 2023. (Fowlkes, J.)
August 4, 2023 Opinion or Order Filing 7 MOTION for Extension of Time to File Answer /Unopposed Motion for Extension of Time to Respond to Plaintiff's Sworn Complaint for Declaratory Judgment, Injunctive Relief, Breach of Contract and Damages - Proposed Order Submitted by Truist Financial Corporation. (Tom, Robert)
August 3, 2023 Opinion or Order Filing 6 NOTICE of Appearance by Robert F. Tom on behalf of Truist Financial Corporation (Tom, Robert)
August 3, 2023 Opinion or Order Filing 5 NOTICE OF RIGHT TO CONSENT TO THE EXERCISE OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE Pursuant to 28 U.S.C. 636(c), Fed.R.Civ.P.73, and Local Rule 72.1, this Court has designated the Magistrate Judges of this District to conduct trials and otherwise dispose of any civil case that is filed in this Court. Your decision to consent, or not consent, to the referral of your case to a United States Magistrate Judge for trial and entry of a final judgment must be entirely voluntary. The judge or magistrate judge to whom the case has been assigned will not be informed of your decision unless all parties agree that the case may be referred to a magistrate judge for these specific purposes. A less than unanimous decision will not be communicated by this office to either the judge or magistrate judge. The consent form is available on the courts website at https://www.tnwd.uscourts.gov/forms-and-applications.php (agj)
August 3, 2023 Opinion or Order Filing 4 NOTICE OF CASE TRACKING ASSIGNMENT PURSUANT TO LOCAL RULE 16.2: Pursuant to Local Rule 16.2, this case has been assigned to the Standard track. http://www.tnwd.uscourts.gov/pdf/content/LocalRules.pdf (agj)
August 3, 2023 Opinion or Order Filing 3 NOTICE TO COMPLY WITH PLAN FOR ALTERNATE DISPUTE RESOLUTION (ADR): Pursuant to Section to 2.1 of the ADR Plan, all civil cases filed on or after Sept. 1, 2014, shall be referred automatically for ADR. For compliance requirements, refer to the ADR Plan at: http://www.tnwd.uscourts.gov/pdf/content/ADRPlan.pdf (agj)
August 3, 2023 Opinion or Order Filing 2 Judge John Thomas Fowlkes, Jr and Magistrate Judge Annie T. Christoff added. (agj)
August 3, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by Truist Financial Corporation d/b/a Truist Bank from Chancery Court of Shelby County, TN, case number CH-23-0898 (Filing fee $ 402 receipt number ATNWDC-4199146), filed by Truist Financial Corporation d/b/a Truist Bank. (Attachments: #1 Exhibit A - State Ct. Pldgs, #2 Exhibit B - Notice of Filing Notice of Removal, #3 Civil Cover Sheet)(Waldrop, Locke)

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Not classified by court: Clerk W. Aaron Hall
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Plaintiff: J. Mark Downing
Represented By: Jeffrey A. Land
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Plaintiff: S. Virgiinia Downing
Represented By: Jeffrey A. Land
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Defendant: Truist Financial Corporation doing business as Truist Bank
Represented By: Robert F. Tom
Represented By: Locke Houston Waldrop
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Defendant: Truist Financial Corporation
Represented By: Robert F. Tom
Represented By: Locke Houston Waldrop
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Defendant: Truist Bank
Represented By: Locke Houston Waldrop
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