Southern Bank & Trust Company v. Laburnum Hotel Partners, LLC et al
| Southern Bank & Trust Company |
| Laburnum Hotel Partners, LLC, Vinod B. Agarwal, Ashok K. Arora, Kiran Debnath, Dilip R. Desai, Neel D. Desai, Tejal D. Desai, Sudhir C. Mehrotra, Gunadhar Panigrahi, Amit S. Patel, Ashok M. Patel, Chirag Patel, Kiran B. Patel, Paresh Patel, Rachen Patel, Sangita Patel, Vipul Pawani, Prakash Rajamani, Dilip Sarkar, Muhammad Ali Siddiky, Jitendra Swarup, H. K. Thakkar, Kush H. Thakkar, Malay H. Thakkar, Purshottam Vachhani and Saileela Venkatesan |
| 2:2013cv00216 |
| April 22, 2013 |
| US District Court for the Eastern District of Virginia |
| Norfolk Office |
| Out of State |
| Douglas E. Miller |
| Rebecca Beach Smith |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Contract Dispute |
| None |
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Filing
90
MEMORANDUM ORDER ADOPTING REPORT AND RECOMMENDATIONS ; Denying 68 Motion for Summary Judgment; Denying 70 Motion for Summary Judgment; adopting Report and Recommendations re 85 Report and Recommendations.. The court DENIES the Motions fo r Summary Judgment, and DIRECTS an evidentiary hearing on the genuine issues of material fact as identified in the R&R. Counsel shall contact the Calendar Clerk to set the hearing. Signed by Chief District Judge Rebecca Beach Smith on 5/22/15 and filed 5/26/15. Copies distributed to counsel for all parties 5/26/15.(ldab, )
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Filing
56
ORDER ADOPTING REPORT AND RECOMMENDATIONS: granting 42 Motion to Dismiss; granting 44 Motion for Default Judgment; adopting Report and Recommendations re 54 Report and Recommendations. Accordingly, the plaintiff' s Motion for Dis missal of Malay Thakkar, H.K. Thakkar, Kush Thakkar, Dilip Desai, Neel Desai, and Tejal Desai is GRANTED, and Motion for Default Judgment Against Defendant Vipul Pawani in the amount of $917, 275.00, with interest at the judgment rate, is GRANTED. The Clerk shall so enter judgment. It is so ORDERED. Signed by Chief District Judge Rebecca Beach Smith and filed on 7/3/14. Copies distributed to all parties of record 7/3/14.(ldab, )
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Filing
55
MEMORANDUM ORDER denying 50 Motion to Amend/Correct; denying 51 Motion for Joinder. In short, Swarup is attempting to convert the Bank's straight forward collection action into a dispute about the hotel's failure and the management company's responsibility for the default. This is precisely the dispute the Bank avoided by requiring his personal guarantee.2 Because his proposed cross-claims and third party claims do not arise o ut of the same transaction or occurrence as the underlying complaint, Swarup's Motions to Amend (ECF No. 50) and for Joinder (ECF No. 51) are DENIED. Signed by Magistrate Judge Douglas E. Miller and filed on 6/6/14. Copies distributed to all parties 6/6/14. (ldab, )
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