Chantilly Auto Body, Inc. v. Truist Bank et al
| CHANTILLY AUTO BODY, INC. |
| PAYSTAND, INC. and Truist Bank |
| Evolve Bank & Trust, Comenity Capital Bank and CASS Commercial Bank |
| Truist Bank |
| 1:2024cv01337 |
| August 1, 2024 |
| U.S. District Court for the Eastern District of Virginia |
| Anthony J Trenga |
| Lindsey R Vaala |
| Banks and Banking |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 12, 2025. A more recent docket listing may be available from PACER.
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Filing 44
ORDER granting #43 Motion for Pro hac vice Appointed Brian L. Moffet for Truist Bank,Brian L. Moffet for Truist Bank. Signed by District Judge Anthony J Trenga on 9/26/2024. (swil)
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Filing 43
Motion to appear Pro Hac Vice by Brian L. Moffet and Certification of Local Counsel Jessica L. Duvall Filing fee $ 75, receipt number AVAEDC-9762704. by Truist Bank. (Attachments: #1 Supplement Federal District Court Admissions List)(Duvall, Jessica)
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Filing 42
Third Party Amended Complaint Summons Issued as to CASS Commercial Bank, Comenity Capital Bank, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice)(dvanm)
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Filing 41
Proposed Summons re #40 Third Party Complaint Comenity Capital Bank and CASS Commercial Bank by Truist Bank. (Duvall, Jessica)
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Filing 40
Amended Third Party Complaint against Evolve Bank & Trust, Comenity Capital Bank, CASS Commercial Bank, filed by Truist Bank. (Attachments: #1 Supplement Redline Complaint)(Duvall, Jessica)
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Filing 39
AFFIDAVIT of Service for Summons for Third-Party Complaint filed by Truist Bank served on Evolve Bank & Trust on 09/18/2024, filed by Truist Bank. (Duvall, Jessica)
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Filing 38
AFFIDAVIT of Service by Chantilly Auto Body, Inc.. (Cox, Robert)
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Filing 37
Third Party Summons Issued as to Evolve Bank & Trust. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice)(dvanm) Modified to correct text on 9/17/2024 (dvanm).
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Filing 36
Proposed Summons re #35 Third Party Complaint Against Evolve Bank and Trust by Truist Bank (Duvall, Jessica)
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Filing 35
Third Party Complaint against Evolve Bancorp, Inc., filed by Truist Bank. (Attachments: #1 Exhibit 1)(Duvall, Jessica)
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Filing 34
Summons Issued as to Paystand, Inc., NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Summons Notice)(swil)
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Filing 33
Proposed Summons to Defendant Paystand, Inc. by Chantilly Auto Body, Inc. (Devinney, William)
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Filing 32
Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that the Joint Discovery Plan is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the Court (see Order for further details). Signed by Magistrate Judge Lindsey R. Vaala on 9/11/2024. (nneb)
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Filing 31
ORDERED that the Motion be, and the same hereby is, GRANTED, and Counts II and III are hereby dismissed; and it is further ORDERED that Defendant Evolve be, and hereby is, terminated as a Party to this action in re #11 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Anthony J Trenga on 9/11/2024. (swil)
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Filing 30
Minute Entry for proceedings held before District Judge Anthony J Trenga:Motion Hearing held on 9/11/2024. Appearances of counsel. Deft #11 MOTION to Dismiss for Failure to State a Claim is argued and GRANTED as to Counts II and III. (Order to follow) (Court Reporter R. Stonestreet.)(yguy)
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Filing 29
Minute Entry for proceedings held before Magistrate Judge Lindsey R. Vaala: Initial Pretrial Conference held on 9/11/2024. Appearance of counsel for plaintiff and defendants. Discovery Plan approved in part. Order to issue. (Tape #FTR.)(nneb)
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Filing 28
ORDER granting #27 Motion for Electronic Device Application only as to Motion Hearing in Courtroom 900 on September 11, 2024. Signed by District Judge Anthony J Trenga on 09/10/2024. (dvanm)
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Filing 27
MOTION for Electronic Device Application by Evolve Bancorp, Inc.. (Morgan, Joel)
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Filing 26
ORDER granting #25 Motion for Electronic Device Application. Signed by District Judge Anthony J Trenga on 09/10/2024. (dvanm)
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Filing 25
MOTION for Electronic Device Application by Chantilly Auto Body, Inc.. (Devinney, William)
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Initial Pretrial Conference reset for 9/11/2024 at 11:30 AM in Alexandria Courtroom 501 before Magistrate Judge Lindsey R. Vaala. The parties are directed to proceed to Courtroom 501 following the hearing on Defendants' Motion to Dismiss before District Judge Anthony J. Trenga. (wgar, )
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Filing 24
Joint Proposed Discovery Plan by Chantilly Auto Body, Inc..(Devinney, William)
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Filing 23
ORDERED that the Motion #22 be, and the same hereby is, GRANTED, and the hearing is hereby rescheduled to Wednesday, September 11, 2024 at 10:00 a.m. Signed by District Judge Anthony J. Trenga on 9/3/2024. (dzir)
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Reset Deadlines as to #11 MOTION to Dismiss for Failure to State a Claim. Motion Hearing reset for 9/11/2024 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga. (dzir)
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Initial Pretrial Conference reset for 9/11/2024 at 11:00 AM in Alexandria Telephonically before Magistrate Judge Lindsey R. Vaala. (nneb)
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Filing 22
Joint MOTION to Continue Hearing on Motion to Dismiss for Failure to State a Claim by Evolve Bancorp, Inc.. (Miller, Diana)
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Filing 21
ORDERED that the parties file their proposed joint discovery plan by 5:00 p.m. on Thursday, September 5, 2024. It is further ORDERED that the Rule 16(b) initial pretrial conference will be rescheduled to Wednesday, September 11, 2024 at 11:00 a.m. Signed by Magistrate Judge Lindsey R. Vaala on 08/29/2024. (dvanm)
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Filing 20
REPLY to Response to Motion re #11 MOTION to Dismiss for Failure to State a Claim filed by Evolve Bancorp, Inc.. (Miller, Diana)
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Filing 19
Memorandum in Opposition re #11 MOTION to Dismiss for Failure to State a Claim filed by Chantilly Auto Body, Inc.. (Devinney, William)
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Filing 18
AFFIDAVIT of Service on Paystand, Inc. by Chantilly Auto Body, Inc.. (Cox, Robert)
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Filing 17
ORDER granting #16 Motion for Pro hac vice Appointed Melody McAnally for Evolve Bancorp, Inc. Signed by District Judge Anthony J Trenga on 8/21/2024. (swil)
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Filing 16
First Motion to appear Pro Hac Vice by Melody McAnally and Certification of Local Counsel Diana M. Miller Filing fee $ 75, receipt number AVAEDC-9695762. by Evolve Bancorp, Inc.. (Miller, Diana)
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Set Deadline as to #11 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 9/4/2024 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga. (triv)
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Filing 15
Notice of Hearing Date set for 9/4/2024 re #11 MOTION to Dismiss for Failure to State a Claim (Miller, Diana)
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Filing 14
SCHEDULING ORDER: Initial Pretrial Conference set for 9/4/2024 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge Lindsey R. Vaala. Final Pretrial Conference set for 12/19/2024 at 10:00 AM in Alexandria Telephonically before District Judge Anthony J. Trenga. Discovery due by 12/13/2024. Signed by District Judge Anthony J. Trenga on 8/9/2024. (Attachments: #1 Magistrate Consent, #2 Pretrial Notice)(dzir)
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Notice of Correction re #11 MOTION to Dismiss for Failure to State a Claim. The filing user has been notified to file a Notice of Hearing or a Waiver of Oral Argument. (dvanm)
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Filing 13
Memorandum in Support re #11 MOTION to Dismiss for Failure to State a Claim Corrected filed by Evolve Bancorp, Inc.. (Attachments: #1 Exhibit 1)(Miller, Diana)
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Filing 12
Memorandum in Support re #11 MOTION to Dismiss for Failure to State a Claim filed by Evolve Bancorp, Inc.. (Attachments: #1 Exhibit 1)(Miller, Diana)
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Filing 11
MOTION to Dismiss for Failure to State a Claim by Evolve Bancorp, Inc.. (Miller, Diana)
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Filing 10
Truist Bank, N.A.'s ANSWER to Complaint by Truist Bank.(Duvall, Jessica)
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Filing 9
NOTICE of Appearance by Joel Wayne Morgan on behalf of Evolve Bancorp, Inc. (Morgan, Joel)
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Filing 8
Financial Interest Disclosure Statement (Local Rule 7.1) by Chantilly Auto Body, Inc.. (Cox, Robert)
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Filing 7
NOTICE of Appearance by William Devinney on behalf of Chantilly Auto Body, Inc. (Devinney, William)
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Filing 6
NOTICE of Appearance by Robert H. Cox on behalf of Chantilly Auto Body, Inc. (Cox, Robert)
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Filing 5
Civil Cover Sheet re #1 Notice of Removal by Truist Bank. (Duvall, Jessica)
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Filing 4
NOTICE of Appearance by Diana Maria Miller on behalf of EVOLVE BANCORP, INC. (Miller, Diana)
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Initial Case Assignment to District Judge Anthony J Trenga and Magistrate Judge Lindsey R. Vaala. (Cwel)
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Filing 3
Corporate Disclosure Statement by EVOLVE BANCORP, INC.. (Morgan, Joel)
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Filing 2
Corporate Disclosure Statement by Truist Bank. (Duvall, Jessica)
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Filing 1
Notice of Removal JOINT NOTICE OF REMOVAL ( Filing fee $ 405, receipt number AVAEDC-9664216.), filed by Truist Bank. (Attachments: #1 Exhibit A)(Duvall, Jessica)
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