MVB Bank, Inc. et al v. Montanez et al
Plaintiff: The First State Bank, Federal Deposit Insurance Corporation and MVB Bank, Inc.
Defendant: J & J Property Management, LLC, John B. Montanez and JBM Industries, LLC
Case Number: 3:2020cv00512
Filed: July 28, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Nature of Suit: Contract: Other
Cause of Action: 12 U.S.C. ยง 1819 Default of Promissory Note
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Filing 11 JOINT STIPULATION OF DISMISSAL With Prejudice by MVB Bank, Inc., J & J Property Management, LLC, JBM Industries, LLC, John B. Montanez, The First State Bank, Federal Deposit Insurance Corporation, Federal Deposit Insurance Corporation; the parties stipulate and agree that this case be dismissed in its entirety and with prejudice; each party shall bear its own costs and attorneys' fees. (Smith, Christopher) (Modified on 10/15/2021 to add party filers) (mkw).
October 13, 2021 Opinion or Order Filing 10 ORDER granting the parties' #9 JOINT MOTION to Substitute and Restyle Case Caption; directing that FDIC-Receiver be substituted as Plaintiff with respect to all affirmative claims regarding Loan 1 in the Complaint; that MVB be substituted as Plaintiff with respect to all affirmative claims regarding Loans 2 through 9 in the Complaint; the case caption will reflect those substitutions as more fully set forth herein. Signed by Judge Robert C. Chambers on 10/13/2021. (cc: counsel of record; any unrepresented parties) (jsa)
October 11, 2021 Filing 9 JOINT MOTION by Federal Deposit Insurance Corporation, The First State Bank, J & J Property Management, LLC, JBM Industries, LLC, John B. Montanez, MVB Bank, Inc. to Substitute and Restyle Case Caption. (Smith, Christopher) (Modified on 10/12/2021 to add party filers) (mkw).
April 8, 2021 Filing 8 MEMORANDUM OF LAW by Federal Deposit Insurance Corporation as Receiver for The First State Bank in support of #7 MOTION by Federal Deposit Insurance Corporation as Receiver for The First State Bank to Lift Stay and Dismiss Counterclaims. (Smith, Christopher) (Modified on 4/8/2021 to add party filer) (mkw).
April 8, 2021 Filing 7 MOTION by Federal Deposit Insurance Corporation as Receiver for The First State Bank to Lift Stay and Dismiss Counterclaims. (Attachments: #1 Exhibit A)(Smith, Christopher) (Modified on 4/8/2021 to add party filer) (mkw).
January 15, 2021 Filing 6 UPDATE REGARDING THE FDIC-RECEIVER'S ADMINISTRATIVE CLAIMS PROCESS by Federal Deposit Insurance Corporation, The First State Bank. (Attachment: #1 Exhibit A)(Smith, Christopher)
August 11, 2020 Opinion or Order Filing 5 ORDER GRANTING COUNTERCLAIM-DEFENDANT FDIC-RECEIVER'S MOTION FOR A STAY OF ALL JUDICIAL PROCEEDINGS granting #3 MOTION by Federal Deposit Insurance Corporation, The First State Bank to Stay All Judicial Proceedings; staying this matter pending completion of the administrative claims process mandated by the Financial Institutions Reform, Recovery and Enforcement Act, as codified at 12 U.S.C. 1821(d), and until further order of the Court; suspending all case deadlines pending completion of the administrative claims process mandated by FIRREA, as codified at 12 U.S.C. 1821(d) and until further order of the court; further directing the FDIC-Receiver to inform the Court of any final administrative decision within seven days of such decision. Signed by Judge Robert C. Chambers on 8/11/2020. (cc: attys) (mkw)
August 3, 2020 Filing 4 MEMORANDUM OF LAW by Federal Deposit Insurance Corporation, The First State Bank in support of #3 MOTION by Federal Deposit Insurance Corporation, The First State Bank to Stay All Judicial Proceedings (Bailey, Benjamin)
August 3, 2020 Filing 3 MOTION by Federal Deposit Insurance Corporation, The First State Bank to Stay All Judicial Proceedings (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Bailey, Benjamin)
July 29, 2020 Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Eifert. (cc: counsel of record; any unrepresented party) (jsa)
July 28, 2020 Filing 1 NOTICE OF REMOVAL by Federal Deposit Insurance Corporation with summons, complaint, counterclaim, answers, motions, orders, and docket sheet from Circuit Court of Cabell County. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, Part 1, #7 Exhibit 6, Part 2, #8 Exhibit 6, Part 3, #9 Civil Cover Sheet) (jsa)

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Defendant: J & J Property Management, LLC
Represented By: Timothy P. Rosinsky
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Defendant: John B. Montanez
Represented By: Timothy P. Rosinsky
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Defendant: JBM Industries, LLC
Represented By: Timothy P. Rosinsky
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Plaintiff: The First State Bank
Represented By: Todd A. Biddle
Represented By: Daniel T. Yon
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Plaintiff: Federal Deposit Insurance Corporation
Represented By: B. Amon James
Represented By: Rosemary Q. Barry
Represented By: Benjamin L. Bailey
Represented By: Christopher D. Smith
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Plaintiff: MVB Bank, Inc.
Represented By: Daniel T. Yon
Represented By: Todd A. Biddle
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