Case Details

CourtMiddle District of Tennessee
Docket number3:12-cv-00218
Date case filed2012-02-27
Date case closed2015-07-21
Date of latest filing
Assigned toSenior Judge John T. Nixon
Case cause28:1441 Notice of Removal--Other Contract
Nature of suit190 Contract: Other
Jury demandNone
Demand
JurisdictionDiversity

Case Parties

Party: Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank
Party type: Plaintiff
Attorney name: Frank Thomas
Attorney Contact:
Leitner, Williams, Dooley, and Napolitan (Nashville)
414 Union Street
Suite 1900
Nashville, TN 37219
(615) 255-7722
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: John R. Clemmons
Attorney Contact:
Clemmons & Clemons, PLLC
2212 8th Avenue South
Nashville, TN 37204
(615) 823-1201
Fax: (615) 823-1194
Email: [email protected]
TERMINATED: 04/11/2013

Attorney name: John L. Farringer , IV
Attorney Contact:
Sherrard Roe Voight & Harbison
150 Third Avenue South
Suite 1100
Nashville, TN 37201
(615) 742-4563
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: John M. Hull
Attorney Contact:
Leitner, Williams, Dooley & Napolitan, PLLC (Chattanooga)
Pioneer Building
801 Broad Street
Third Floor
Chattanooga, TN 37402
(423) 265-0214
Fax: (423) 424-3981
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Robert Garry Chaffin
Attorney Contact:
Chernau, Chaffin & Burnsed, PLLC
One American Center
3100 West End Avenue
Suite 550
Nashville, TN 37203
(615) 460-7478
Fax: (615) 460-7484
Email: [email protected]
TERMINATED: 04/11/2013

Attorney name: Ryan Thomas Holt
Attorney Contact:
Sherrard Roe Voight & Harbison
150 Third Avenue South
Suite 1100
Nashville, TN 37201
(615) 742-4512
Fax: (615) 742-4539
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Samuel P. Funk
Attorney Contact:
Sims Funk, PLC
3310 West End Avenue
Suite 410
Nashville, TN 37203
(615) 292-9335
Fax: (615) 649-8565
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Anthony W. Thornton
Party type: Defendant
Attorney name: Eugene N. Bulso , Jr.
Attorney Contact:
Leader, Bulso & Nolan, PLC
414 Union Street
Suite 1740
Nashville, TN 37219
(615) 780-4110
Fax: (615) 780-4118
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Steven A. Nieters
Attorney Contact:
Leader, Bulso & Nolan, PLC
414 Union Street
Suite 1740
Nashville, TN 37219
(615) 780-4128
Fax: (615) 780-4117
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Elizabeth Thornton
Party type: Defendant
Attorney name: Eugene N. Bulso , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Steven A. Nieters
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Bowling Green Freight, Inc.
Party type: Defendant
Attorney name: Eugene N. Bulso , Jr.
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Steven A. Nieters
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: WM Capital Partners, LLC
Party type: Intervenor Plaintiff
as Receiver for Tennessee Commerce Bank
TERMINATED: 06/28/2013
Attorney name: John R. Clemmons
Attorney Contact:
(See above for address)
TERMINATED: 04/11/2013

Attorney name: John L. Farringer , IV
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Robert Garry Chaffin
Attorney Contact:
(See above for address)
TERMINATED: 04/11/2013

Attorney name: Ryan Thomas Holt
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Samuel P. Funk
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Timothy J Mortimer
Party type: Objector
Attorney name: W. Scott Sims
Attorney Contact:
Sims Funk, PLC
3310 West End Avenue
Suite 410
Nashville, TN 37203
(615) 292-9335
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12012-02-27 NOTICE OF REMOVAL by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton from Chancery Court for Davidson County, Tennessee, case number 12-142-I. (filing fee paid $350.00) (Attachments: # 1 Exhibit A, Original Complaint and Summons, # 2 Civil Cover Sheet)(rd) (Entered: 02/27/2012)
22012-02-27 NOTICE from USDC Clerk regarding Corporate Disclosure Statement requirement. (rd) (Entered: 02/27/2012)
32012-02-27 NOTICE of Initial Case Management Conference set for 10:00 a.m. on Monday, 4/23/12 in Courtroom 783 before Magistrate Judge Joe Brown. (rd) (Entered: 02/27/2012)
42012-02-28 CORPORATE DISCLOSURE STATEMENT filed by Bowling Green Freight, Inc.. (Bulso, Eugene) (Entered: 02/28/2012)
52012-03-01 NOTICE of Appearance by Steven A. Nieters on behalf of All Defendants (Nieters, Steven) (Entered: 03/01/2012)
62012-03-01 PROPOSED Agreed Order Granting Motion for Extension of Time by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (NO MOTION INCLUDED) (Nieters, Steven) Modified on 3/2/2012 (rd). (Entered: 03/01/2012)
72012-03-03 ORDER Defendant may have until March 15, 2012 to respond to complaint. (Brown, Joe) (Entered: 03/03/2012)
82012-03-15 ANSWER to Complaint by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton.(Nieters, Steven) (Entered: 03/15/2012)
92012-03-19 MOTION to Intervene and Substitute Party by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit Tender Letter, # 2 Exhibit Acceptance Letter)(Clemmons, John) (Entered: 03/19/2012)
102012-03-19 MEMORANDUM in Support of 9 MOTION to Intervene and Substitute Party filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Clemmons, John) (Entered: 03/19/2012)
112012-04-11 ORDER: Federal Deposit Insurance Corporation's 9 motion to intervene and substitute parties is GRANTED, and the FDIC-R will be substituted as the real party in interest and the Clerk will recaption the case to reflect this fact. Signed by Magistrate Judge Joe Brown on 4/11/12. (rd) (Entered: 04/11/2012)
122012-04-12 PROPOSED CASE MANAGEMENT ORDER filed by All Parties. (Clemmons, John) (Entered: 04/12/2012)
132012-04-23 Minute Entry for proceedings held before Magistrate Judge Joe Brown: Case Management Conference held on 4/23/2012. (mk) (Entered: 04/25/2012)
142012-04-25 CASE MANAGEMENT ORDER: The parties shall make their Rule 26 Initial Disclosures by 5/7/12. The parties shall complete all fact discovery by 10/29/12. The parties shall complete all expert discovery by 1/31/13. The parties shall file dispositive motions by 2/28/13. A jury trial is set for 9:00 a.m. on 8/6/13 in Courtroom 774 before Senior Judge John T. Nixon. The pretrial conference is set for 10:00 a.m. on 7/26/13. Signed by Magistrate Judge Joe Brown on 4/25/12. (rd) (Entered: 04/25/2012)
152012-11-20 MOTION to Intervene , Subsitute in Part, and Join by WM Capital Partners, LLC. (Attachments: # 1 Exhibit Assignment and Assumption of Interests and Obligations)(Clemmons, John) (Entered: 11/20/2012)
162012-11-20 MEMORANDUM in Support of 15 MOTION to Intervene , Subsitute in Part, and Join filed by WM Capital Partners, LLC. (Clemmons, John) (Entered: 11/20/2012)
172012-11-30 RESPONSE to Motion re 15 MOTION to Intervene , Subsitute in Part, and Join filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) (Entered: 11/30/2012)
182012-12-03 ORDER granting 15 Motion to Intervene (Brown, Joe) (Entered: 12/03/2012)
192013-01-10 NOTICE of Appearance by Frank Thomas on behalf of Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank (Thomas, Frank) (Entered: 01/10/2013)
202013-01-18 MOTION to Amend Complaint re 1 Notice of Removal, Ex. A., by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank, WM Capital Partners, LLC. (Attachment: # 1 Proposed Amended Verified Complaint)(Clemmons, John) Modified on 1/22/2013 (rd). (Entered: 01/18/2013)
212013-01-18 MEMORANDUM in Support of 20 MOTION to Amend Complaint re 1 Notice of Removal, Ex. A., filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank, WM Capital Partners, LLC. (Clemmons, John) Modified on 1/22/2013 (rd). (Entered: 01/18/2013)
222013-01-24 MEMORANDUM in Opposition to 20 MOTION to Amend Complaint re 1 Notice of Removal, Ex. A. filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Attachments: # 1 Exhibit 1__June 15 Email, # 2 Exhibit 2__July 17 Email, # 3 Exhibit 3__October 11 Email, # 4 Exhibit 4__N.D. Ga Leva Motion to Substitute, # 5 Exhibit 5__E.D. Mich, Ex. I to SJ Motion in BBJ case, # 6 Exhibit 6__N.D. Ga Patel Motion to Substitute, # 7 Exhibit 7__Pacer Results for WM Capital Partners)(Nieters, Steven) Modified on 1/28/2013 (rd). (Entered: 01/24/2013)
232013-01-24 MOTION for Leave to File a Reply re 22 Response in Opposition to Motion,, by WM Capital Partners, LLC. (Clemmons, John) (Entered: 01/24/2013)
242013-01-24 RESPONSE to Motion re 23 MOTION for Leave to File a Reply re 22 Response in Opposition to Motion,, filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) (Entered: 01/24/2013)
252013-01-27 ORDER granting 23 Motion for Leave to file Reply. The Reply should not exceed 5 pages and should not raise new issues. (Brown, Joe) (Entered: 01/27/2013)
262013-01-29 REPLY to MEMORANDUM in Opposition to 20 MOTION to Amend Complaint re 1 Notice of Removal, Ex. A. filed by WM Capital Partners, LLC. (Clemmons, John) Modified on 1/30/2013 (rd). (Entered: 01/29/2013)
272013-02-12 ORDER: Intervening pltf's 20 Motion to Amend Complaint is DENIED. Signed by Magistrate Judge Joe Brown on 2/12/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd) (Entered: 02/12/2013)
282013-02-27 MOTION for Summary Judgment by WM Capital Partners, LLC. (Attachments: # 1 Exhibit Note 18107, # 2 Exhibit Note 18224, # 3 Exhibit Note 184900 part 1, # 4 Attachment Note 184900 part 2, # 5 Attachment Note 184900 part 3, # 6 Attachment Note 184900 part 4, # 7 Exhibit Titles part 1, # 8 Attachment Titles part 2, # 9 Exhibit Forbearance Agreement, # 10 Exhibit Second Extension Forbearance Agreement, # 11 Exhibit TN appointing FDIC as receiver, # 12 Exhibit FDIC accepting appointment, # 13 Exhibit Assignment and Assumption)(Clemmons, John) (Entered: 02/27/2013)
292013-02-27 MEMORANDUM in Support of 28 MOTION for Summary Judgment filed by WM Capital Partners, LLC . (Clemmons, John) (Entered: 02/27/2013)
302013-02-27 STATEMENT of facts filed by WM Capital Partners, LLC in support of 28 Motion for Summary Judgment,,. (Clemmons, John) (Entered: 02/27/2013)
312013-02-27 AFFIDAVIT re 28 MOTION for Summary Judgment of Roy L. Watters, Jr. by WM Capital Partners, LLC. (Clemmons, John) (Entered: 02/27/2013)
322013-03-25 MEMORANDUM in Opposition to 28 MOTION for Summary Judgment filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) Modified on 3/26/2013 (rd). (Entered: 03/25/2013)
332013-03-25 RESPONSE to 30 Statement of Undisputed Material Facts filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) Modified on 3/26/2013 (rd). (Entered: 03/25/2013)
342013-04-05 REPLY to Response to Motion re 28 MOTION for Summary Judgment filed by WM Capital Partners, LLC. (Clemmons, John) (Entered: 04/05/2013)
352013-04-10 NOTICE of Appearance by John L. Farringer, IV on behalf of WM Capital Partners, LLC (Farringer, John) (Entered: 04/10/2013)
362013-04-15 MOTION for Reconsideration re 27 Order on Motion to Amend/Correct or in the Alternative, for Voluntary Dismissal Without Prejudice by WM Capital Partners, LLC. (Funk, Samuel) (Entered: 04/15/2013)
372013-04-15 MEMORANDUM in Support of 36 MOTION for Reconsideration re 27 Order on Motion to Amend/Correct or in the Alternative, for Voluntary Dismissal Without Prejudice filed by WM Capital Partners, LLC . (Attachments: # 1 Attachment Clark v. Traughber, 2006 WL 962602, # 2 Attachment Installed Bldg. Products, LLC v. Dreier, 2007 WL 276200, # 3 Attachment Lincoln Elec. Co. v. MPM Technologies, Inc., 2009 WL 2413625, # 4 Attachment Bowman v. Bulkmatic Transp. Co., Inc., 2010 WL 289089)(Funk, Samuel) (Entered: 04/15/2013)
382013-04-16 MOTION to Strike 36 MOTION for Reconsideration re 27 Order on Motion to Amend/Correct or in the Alternative, for Voluntary Dismissal Without Prejudice, 37 Memorandum in Support,, by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) (Entered: 04/16/2013)
392013-04-16 MEMORANDUM in Support of 38 MOTION to Strike 36 MOTION for Reconsideration re 27 Order on Motion to Amend/Correct or in the Alternative, for Voluntary Dismissal Without Prejudice, 37 Memorandum in Support,, filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton . (Attachments: # 1 Exhibit Hatchett v. Potluck Enterprises)(Nieters, Steven) (Entered: 04/16/2013)
402013-04-16 RESPONSE in Opposition re 38 MOTION to Strike 36 MOTION for Reconsideration re 27 Order on Motion to Amend/Correct or in the Alternative, for Voluntary Dismissal Without Prejudice, 37 Memorandum in Support,, filed by WM Capital Partners, LLC. (Funk, Samuel) (Entered: 04/16/2013)
412013-04-24 ORDER: Defts are granted until 4/29/13 to respond to 36 Motion for Reconsideration. The 38 Motion to Strike is therefore TERMINATED as moot. Signed by Magistrate Judge Joe Brown on 4/24/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(rd) (Entered: 04/24/2013)
422013-04-29 RESPONSE in Opposition re 36 MOTION for Reconsideration re 27 Order on Motion to Amend/Correct or in the Alternative, for Voluntary Dismissal Without Prejudice filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Attachments: # 1 Attachment Westlaw case, USDC MDTN, Wells v. Wal-Mart Stores East, L.P., 2012 WL 2280428 (M.D. Tenn. 2012), # 2 Attachment Westlaw case, USDC MDTN, Wise v. Williams, 2012 WL 1969855 (M.D. Tenn. 2012))(Bulso, Eugene) (Entered: 04/29/2013)
432013-05-01 ORDER denying 36 Motion for Reconsideration. Signed by Magistrate Judge Joe Brown on 5/1/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 05/01/2013)
442013-05-08 REPLY to Response to Motion re 36 MOTION for Reconsideration re 27 Order on Motion to Amend/Correct or in the Alternative, for Voluntary Dismissal Without Prejudice filed by WM Capital Partners, LLC. (Attachments: # 1 Attachment Wills v. Honda of Am. Mfg., Inc., 2012 WL 1203567, # 2 Attachment Wells v. Wal-Mart Stores, 2012 WL 2280428, # 3 Attachment Bowman v. Mulkmatic Transp. Co., Inc., 2010 WL 289089, # 4 Attachment Arias v. Lavender, 2010 WL 4663280, # 5 Attachment Fluid Routing Solutions, Inc. v. Dayco Ensa, 2010 WL 363324)(Funk, Samuel) (Entered: 05/08/2013)
452013-05-15 MOTION for Review re 43 Order on Motion for Reconsideration by WM Capital Partners, LLC. (Funk, Samuel) (Entered: 05/15/2013)
462013-05-15 MEMORANDUM in Support of 45 MOTION for Review re 43 Order on Motion for Reconsideration filed by WM Capital Partners, LLC . (Attachments: # 1 Attachment Clark v. Traughber, 2006 WL 962602, # 2 Attachment Installed Bldg. Products, LLC v. Dreier, 2007 WL 276200, # 3 Attachment Lincoln Elec. Co. v. MPM Technologies, Inc., 2009 WL 2413625)(Funk, Samuel) (Entered: 05/15/2013)
472013-05-16 RESPONSE in Opposition re 36 MOTION for Reconsideration re 27 Order on Motion to Amend/Correct or in the Alternative, for Voluntary Dismissal Without Prejudice SURREPLY per Order of May 1, filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Attachments: # 1 Attachment 1. Wakerley case, # 2 Attachment 2. Spar Gas case, # 3 Attachment 3. Orix Financial case, # 4 Attachment 4. Hrapkiewicz case, # 5 Attachment 5. Declaration of Steven A. Nieters)(Nieters, Steven) (Entered: 05/16/2013)
482013-05-31 RESPONSE in Opposition re 45 MOTION for Review re 43 Order on Motion for Reconsideration filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) (Entered: 05/31/2013)
492013-06-24 ORDER: Jury Trial set for 8/6/2013 at 9:00 AM before Senior Judge John T. Nixon. Pretrial Conference set for 7/26/2013 at 10:00 AM before Senior Judge John T. Nixon. Exhibit List due by 7/24/2013. Witness List due by 7/24/2013. Proposed Pretrial Order due by 7/24/2013. Signed by Senior Judge John T. Nixon on 6/24/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la) (Entered: 06/24/2013)
502013-06-28 ORDER: Pending before the Court are three motions filed by Plaintiff WM Capital Partners, LLC ("WMCP"): a Motion for Summary Judgment (Doc. No. 28 ); a Motion to Reconsider or for Voluntary Dismissal ("Motion for Voluntary Dismissal") (Doc. No. 36 ); and a Motion for Review of Magistrate's Order Regarding Motion to Reconsider and/or Modify Interlocutory Order ("Motion to Review") (Doc. No. 45 ). The Court DIRECTS Defendants to file a statement of fees and costs within thirty days of this order that includes a full accounting of the fees and costs it seeks. WMCP shall have fourteen days to respond to Defendants' statement. Unless Defendants request leave to file a reply, the Court shall then enter an order issuing an award. For the reasons stated above, the Court DENIES the Motion to Review (Doc. No. 45 ).Further, the Court GRANTS the Motion for Voluntary Dismissal (Doc. No. 36), ORDERING the WMCP' s claims DISMISSED WITHOUT PREJUDICE and A WARDING attorney's fees and costs to Defendants, as outlined above. As a result, the Motion for Summary Judgment (Doc. No. 28) is TERMINATED AS MOOT. It is so ORDERED. Signed by Senior Judge John T. Nixon on 6/28/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(la) (Entered: 06/28/2013)
512013-07-09 Statement of Attorney's Fees and Expenses by Bowling Green Freight, Inc., Anthony W. Thornton, and Elizabeth Thornton (Bulso, Eugene) Modified text on 7/10/2013 (la). (Entered: 07/09/2013)
522013-07-09 DECLARATION of Eugene N. Bulso, Jr. filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton re: 51 Notice (Other). (Attachments: # 1 Exhibit Attorney's fees incurred (settlement), # 2 Exhibit Attorney's fees incurred (attempts to amend))(Bulso, Eugene) (Entered: 07/09/2013)
532013-07-23 RESPONSE to Defendants' Statement of Attorney's Fees and Expenses DE 51 Notice, filed by WM Capital Partners, LLC. (Attachments: # 1 Attachment Spar Gas, Inc. v. AP Propane, Inc., 972 F.2d 348) (Funk, Samuel) Modified on 7/24/2013 (la). (Entered: 07/23/2013)
542013-07-24 MOTION for Leave to File Supplemental Declaration in Reply to WM Capital's Response DE 53 (Non-Motion or 2255 Petition), by Bowling Green Freight, Inc., Anthony W. Thornton, and Elizabeth Thornton. (Attachment: # 1 Attachment Supplemental Declaration of Eugene N. Bulso, Jr.)(Bulso, Eugene) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
552013-07-24 ***This document has been refiled at DE 74 per instruction of the Court*** STIPULATION by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit Exhibits to Stipulations)(Hull, John) Modified text on 7/26/2013 (hb). (Entered: 07/24/2013)
562013-07-24 Plaintiff's MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defenants with Respect to their Claim for Attorneys' Fees, Expenses and Costs by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
572013-07-24 Plaintiff's MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defendants Relating to Usury by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
582013-07-24 ***DISREGARD - WRONG DOCUMENT ATTACHED - ATTY TO REFILE*** Plaintiff's Memorandum of Law in Support of its MOTION in Limine to Exclude any Argument, Testimony and/or Evidence of the Defendants' Defense of Laches by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified text on 7/25/2013 (la). Modified text on 7/26/2013 (hb). (Entered: 07/24/2013)
592013-07-24 Plaintiff's MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defendants that the Guaranty Agreements Fail for Lack of Consideration by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
602013-07-24 Plaintiff's MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defendants that Plaintiff Lacks Standing by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
612013-07-24 Plaintiff's Witness List by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John ) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
622013-07-24 Plaintiff's Exhibit List by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
632013-07-24 Plaintiff's TRIAL BRIEF by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
642013-07-24 Plaintiff's MEMORANDUM in Support of its 56 MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defendants' Claim for Attorneys' Fees, Expenses and Costs filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank . (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
652013-07-24 Plaintiff's MEMORANDUM of Law in Support of its 57 MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defendants' Claim of Usury filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank . (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
662013-07-24 Plaintiff's MEMORANDUM in Support of its 75 MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defendants Defense of Laches filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank . (Hull, John) Modified text on 7/25/2013 (la). Modified text on 7/26/2013 (hb). (Entered: 07/24/2013)
672013-07-24 Plaintiff's MEMORANDUM of Law in Support of its 59 MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defendants that the Subject Guaranty Agreements Fail for Lack of Consideration filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank . (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
682013-07-24 Defendants' Witness and Exhibit List by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Bulso, Eugene) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
692013-07-24 Plaintiff's MEMORANDUM of Law in Support of its 60 MOTION in Limine to Exclude Any Argument, Testimony and/or Evidence of the Defendants that Plaintiff Lacks Standing filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank . (Hull, John) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
702013-07-24 Defendants' PRETRIAL BRIEF by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Bulso, Eugene) Modified text on 7/25/2013 (la). (Entered: 07/24/2013)
712013-07-24 Proposed Pretrial Order by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) (Entered: 07/24/2013)
722013-07-25 SUBPOENA issued to Timothy Mortimer and returned executed on 07/13/13 as to Timothy Mortimer by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank (Hull, John) (Entered: 07/25/2013)
732013-07-26 NOTICE of Filing by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank (Hull, John) (Entered: 07/26/2013)
742013-07-26 STIPULATION by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit Promissory Note dated May 17, 2010, # 2 Exhibit Business Loan Agreement dated May 17, 2010, # 3 Exhibit Commercial Guaranty dated May 17, 2010, # 4 Exhibit Commerical Guaranty dated May 17, 2010, # 5 Exhibit Commerical Pledge Agreement dated May 17, 2010, # 6 Exhibit Commercial Security Agreement dated May 17, 2010, # 7 Exhibit Promissory Note dated July 17, 2010, # 8 Exhibit Business Loan Agreement dated July 17, 2010, # 9 Exhibit Letter from Garry Chaffin to Defendants Aug. 17, 2011, # 10 Exhibit Forbearance Agreement dated Dec. 30, 2010, # 11 Exhibit Amendment to Forbearance Agreement dated Feb. 28,2011, # 12 Exhibit Sec. Amendment to Forbearance Agreement dated Mar. 31, 2011)(Hull, John) (Entered: 07/26/2013)
752013-07-26 Plaintiffs' MOTION in Limine to Exclude Defendants' Defense of Laches by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified text on 7/29/2013 (la). (Entered: 07/26/2013)
762013-07-30 ORDER: Pending before the Court is a Motion for Leave to File Supplemental Declaration ("Motion"), filed by Defendants Anthony Thornton, Elizabeth Thornton, and Bowling Green Freight, Inc. (Doc. No. 54 .) Defendants request the Court consider a supplemental declaration of attorney Eugene N. Bulso, Jr. (Doc. No. 54 -1) that they state addresses points raised by Plaintiff WM Capital Partners, LLC in its response to Defendants' request for attorney's fees. Accordingly, the Court GRANTS the Motion and will consider the supplemental declaration in ruling on the attorney's fee award. It is so ORDERED. Signed by Senior Judge John T. Nixon on 7/30/13. (la) (Entered: 07/30/2013)
772013-07-31 DECLARATION of Eugene N. Bulso, Jr. filed by Bowling Green Freight, Inc., Anthony W. Thornton, and Elizabeth Thornton re: 53 Response (Non-Motion or 2255 Petition). (la) (Entered: 07/31/2013)
782013-08-02 MOTION to Quash Subpoena by Timothy J Mortimer. (Attachments: # 1 Attachment Unpublished Case)(Sims, W.) (Entered: 08/02/2013)
792013-08-02 DECLARATION of Timothy J. Mortimer filed by Timothy J Mortimer re: 78 MOTION to Quash Subpoena. (Sims, W.) (Entered: 08/02/2013)
802013-08-04 MOTION in Limine The Defendants' Defense of Payment by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) (Entered: 08/04/2013)
812013-08-04 MEMORANDUM in Support of 80 MOTION in Limine The Defendants' Defense of Payment filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank . (Hull, John) (Entered: 08/04/2013)
822013-08-05 CERTIFICATE of Service filed by Timothy J Mortimer re 79 Declaration filed by Timothy J Mortimer, 78 MOTION to Quash Subpoena filed by Timothy J Mortimer. (Sims, W.) (Entered: 08/05/2013)
832013-08-05 NOTICE of Filing by Timothy J Mortimer (Attachments: # 1 Proposed Order Granting Motion to Quash Subpoena)(Sims, W.) (Entered: 08/05/2013)
842013-08-06 ORDER: This matter came before the Court on August 5, 2013, for a hearing on third-party Timothy J. Mortimer's motion to quash a trial subpoena issued to him by the FDIC. Counsel for the FDIC did not oppose Mr. Mortimer's request to quash the subpoena, so long as Mr. Mortimer returned the $54.28 witness fee advanced to him by counsel for the FDIC. It is, therefore, ORDERED that the trial subpoena issued to Mr. Mortimer is hereby quashed. Mr. Mortimer is instructed to destroy the witness fee check immediately. Signed by Senior Judge John T. Nixon on 8/6/13. (la) (Entered: 08/07/2013)
852013-08-06 Minute Entry for proceedings held before Senior Judge John T. Nixon: Bench Trial held on 8/6/2013. (Court Reporter Roxann Harkins.) (Conner, Mary) (Entered: 08/07/2013)
862013-08-07 WITNESS/EXHIBIT LIST prepared by Deputy Clerk. re: 85 Bench Trial - Held.(la) (Entered: 08/07/2013)
872013-09-16 Proposed Findings of Fact and Conclusions of Law by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Attachments: # 1 Attachment Calculation of outstanding principal, interest and late charge)(Bulso, Eugene) (Entered: 09/16/2013)
882013-09-16 MOTION to Strike Evidence, Testimony or Argument of Defendants of a Mistake by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) (Entered: 09/16/2013)
892013-09-16 Plaintiff's Memorandum of Law in Support of its 88 Motion to Strike BRIEF any Evidence, Testimony or Argument of Defendants of a Mistake . (Hull, John) Modified text on 9/20/2013 (la). (Entered: 09/16/2013)
902013-09-16 Proposed Findings of Fact and Conclusions of Law by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) (Entered: 09/16/2013)
912013-09-20 MOTION for Entry of Judgment under Rule 54(b) by WM Capital Partners, LLC. (Funk, Samuel) (Entered: 09/20/2013)
922013-09-23 NOTICE of Filing by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton (Attachments: # 1 Attachment Transcript of Trial Proceedings)(Nieters, Steven) (Entered: 09/23/2013)
932013-09-23 MOTION to Strike 90 Proposed Findings of Fact insofar as it contravene's the Court's prior ruling regarding Motions in Limine by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) (Entered: 09/23/2013)
942013-09-23 RESPONSE in Opposition re 88 MOTION to Strike Evidence, Testimony or Argument of Defendants of a Mistake filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) (Entered: 09/23/2013)
952013-09-24 RESPONSE in Opposition re 91 MOTION for Entry of Judgment under Rule 54(b) filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) (Entered: 09/24/2013)
962013-09-30 MOTION for Leave to File a Reply Brief in Support of Motion to Direct Final Judgment re 91 MOTION for Entry of Judgment under Rule 54(b) by WM Capital Partners, LLC. (Attachments: # 1 Exhibit A - Reply In Support of Motion to Direct Final Judgment, # 2 Attachment to Exhibit A, Lasmot Realty Corp. v. Eye, Ear, Nose & Throat Hosp., 1993 WL 218247, # 3 Attachment to Exhibit A, Gortat v. Capala Bros., 2013 WL 2566622, # 4 Attachment to Exhibit A, Bank of America v. Mazon State Bank, 2007 WL 2874707, # 5 Attachment to Exhibit A, Heffington v. City of Saline, 1988 WL 123597)(Funk, Samuel) (Entered: 09/30/2013)
972013-10-01 RESPONSE in Opposition re 93 MOTION to Strike 90 Proposed Findings of Fact insofar as it contravene's the Court's prior ruling regarding Motions in Limine filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit Defs' Rule 26 Initial Disclosures)(Hull, John) (Entered: 10/01/2013)
982013-10-01 *****DISREGARD**** REPLY to Response to re 88 MOTION to Strike Evidence, Testimony or Argument of Defendants of a Mistake filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit FDIC v. Hooper cited case)(Hull, John) Modified text on 10/3/2013 (la). Modified on 10/3/2013 (la). (Entered: 10/01/2013)
992013-10-01 ORDER: Pending before the Court is WM Capital Partners, LLC's Motion for Leave to File Reply Brief ("Motion"). (Doc. No. 96 ). WM Capital Partners requests leave to file a Reply in support of its Motion to Direct Final Judgment (Doc. No. 91 ) and has attached the proposed Reply (Doc. No. 96 -1). The Motion is GRANTED; the Court will consider the Reply when ruling on WM Capital Partners's Motion to Direct Final Judgment. It is so ORDERED. Signed by Senior Judge John T. Nixon on 10/1/13. (la) (Entered: 10/02/2013)
1002013-10-01 REPLY to Response to Motion re 91 MOTION for Entry of Judgment under Rule 54(b) filed by WM Capital Partners, LLC. (Attachments: # 1 Exhibit A - Lasmot Case, # 2 Exhibit B - Gortat Case, # 3 Exhibit C - Bank of America Case, # 4 Exhibit D - Heffington Case)(la) (Entered: 10/02/2013)
1012013-10-07 REPLY to Response to re 88 MOTION to Strike Evidence, Testimony or Argument of Defendants of a Mistake filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit FDIC v. Hooper case)(Hull, John) Modified text on 10/8/2013 (la). (Entered: 10/07/2013)
1022013-11-20 ORDER: The Court previously awarded Defendants Anthony W. Thornton, Elizabeth Thornton, and Bowling Green Freight attorney's fees and costs associated with reasonable expenses incurred in (1) attempting to settle terminated Intervenor Plaintiff WM Capital Partners, LLC's ("WMCP") claims and (2) litigating WMCP's three attempts to amend the Complaint and seek review and reconsideration of Magistrate Judge Brown's orders denying such amendments. (Doc. No. 50 at 12-13.) As directed by the Court, Defendants filed a statement of fees and costs, along with a declaration of Defendants' counsel, Eugene N. Bulso, Jr. (Doc. No. 52), and accounting sheets (Doc. Nos. 52-1 to 52-2). WMCP filed a response (Doc. No. 53), to which Defendants filed a supplemental declaration of Mr. Bulso (Doc. No. 54-1). The Court hereby AWARDS Defendants a total of $35,270.00 in attorney's fees and costs. Signed by Senior Judge John T. Nixon on 11/20/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) Modified on 11/20/2013 (eh). (Entered: 11/20/2013)
1032013-12-06 MOTION to Ascertain Status of Motion to Direct Final Judgment re 91 by WM Capital Partners, LLC. (Funk, Samuel) (Entered: 12/06/2013)
1042013-12-09 JUDGMENT in favor of Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank against Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton, in theamount of $134,722.50. Signed by Senior Judge John T. Nixon on 12/6/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 12/09/2013)
1052013-12-09 ORDER: Defendants' Motion to Strike (Doc. No. 93 ) is DENIED and Plaintiff's Motion to Strike (Doc. No. 88 ) is GRANTED; all evidence, testimony, and arguments presented at trial that suggest the subject Forbearance Agreement did not accurately account for all payments made on the promissory note at issue at the time Defendants signed the Forbearance Agreement are STRICKEN and the Court shall not consider them in its final ruling. In addition, Plaintiff's Motion to Exclude Defense of Payment (Doc. No. 80 ) is DENIED and all other motions in limine (Doc. Nos. 56 ; 57 ; 59 ; 60 ; 75 ) are TERMINATED AS MOOT. Signed by Senior Judge John T. Nixon on 12/6/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh) (Entered: 12/09/2013)
1062013-12-19 ENTRY OF JUDGMENT re 104 Judgment, (eh) (Entered: 12/19/2013)
1072013-12-20 NOTICE OF APPEAL as to 104 Judgment, 50 Order on Motion for Reconsideration, Order on Motion for Review, Order on Motion for Summary Judgment,,,,,,,,,,,,,,, 106 ENTRY OF JUDGMENT - DOCKET CLERK, 105 Order on Motion in Limine,,,,,, Order on Motion to Strike,,,,,,,,,,,,,,,,,,,,, by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. Filing fee $ 505, receipt number 0650-1665348. (Bulso, Eugene) (Entered: 12/20/2013)
1082013-12-23 MOTION for Attorney Fees and Costs by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) (Entered: 12/23/2013)
1092013-12-23 MEMORANDUM in support of 108 MOTION for Attorney Fees and Costs filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Hull, John) Modified Text on 12/27/2013 (dt). (Entered: 12/23/2013)
1102013-12-23 DECLARATION of John M. Hull by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit Statement of Account)(Hull, John) Modified Text on 12/27/2013 (dt). (Entered: 12/23/2013)
1112013-12-30 RESPONSE in Opposition re 108 MOTION for Attorney Fees and Costs filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Nieters, Steven) (Entered: 12/30/2013)
1122014-01-16 NOTICE OF APPEAL as to 102 Order,,,, 50 Order on Motion for Reconsideration,,,,,, Order on Motion for Review,,,,,, Order on Motion for Summary Judgment,,,,, 27 Order on Motion to Amend/Correct, 106 ENTRY OF JUDGMENT - DOCKET CLERK by WM Capital Partners, LLC. Filing fee $ 505, receipt number 0650-1680302. (Funk, Samuel) (Entered: 01/16/2014)
1132014-03-26 ORDER of USCA: In accordance with Rule 33, Rules of the Sixth Circuit, and upon consideration of the parties' stipulation to dismiss. This case is dismissed pursuant to 42(b), Federal Rules of Appellate Procedure. (dt) (Entered: 03/26/2014)
1162014-05-21 ANSWER to Writ of Garnishment by WM Capital Partners, LLC. Objections to Writ Answer due by 5/27/2014. (Funk, Samuel) (Entered: 05/21/2014)
1172014-05-22 ANSWER to Writ of Garnishment (Amended) by WM Capital Partners, LLC. Objections to Writ Answer due by 5/27/2014. (Funk, Samuel) (Entered: 05/22/2014)
1182014-06-06 RECEIPT of Civil Trial Exhibits for Federal Deposit Insurance Corporation re 86 Witness/Exhibit List, signed by William G. Payne, Leitner Williams PLLC. (dt) (Entered: 06/06/2014)
1212014-08-20 ORDER granting in part and denying in part 108 Motion for Attorney Fees. Signed by Senior Judge John T. Nixon on 8/12/2014. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds) Modified text on 8/22/2014 (ds). (Entered: 08/20/2014)
1222014-12-17 INFORMATION COPY from 6CCA: For the foregoing reasons, we reverse the district court's order containing its findings of facts and conclusions of law to the extent it concludes (1) that TCB did not receive the funds drawn from BGF's bank account on July 28, 2010, and (2) that BGF and the Thorntons were liable for $11,513.18 in late charges. We vacate the judgment and remand for further proceedings consistent with this opinion. (MANDATE TO ISSUE) (af) (Entered: 12/17/2014)
1232015-01-09 MANDATE of USCA as to 112 Notice of Appeal, filed by WM Capital Partners, LLC (**CASE REOPENED**) (af) (Entered: 01/09/2015)
1242015-04-14 ORDER: This matter returns to this Court upon remand from the Sixth Circuit Court of Appeals. To resolve the questions at issue in this matter, the Court hereby ORDERS additional briefing addressing the consequences of Plaintiff's failure to argue that the collateral and guaranties backing the 18092 Loan also backed the other three loans, considering the Sixth Circuit's determination that the plain language of the contract indicates such collateral back the other three loans. (Doc. No. 112 at 12.) Plaintiff's brief shall not exceed fifteen pages and shall be due within three weeks of the date of this Order. Defendant shall have three weeks to respond. Signed by Senior Judge John T. Nixon on 4/13/2015. (ds) (Entered: 04/15/2015)
1252015-05-01 RESPONSE Plaintiff's Brief in Response to Judge Nixon's Order of April 14, 2015. (Attachments: # 1 Exhibit Ex. 1 - Summary of Plaintiff's Damages)(Hull, John) (Entered: 05/01/2015)
1262015-05-22 RESPONSE filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton re 124 Order,, 125 Response (Non-Motion or 2255 Petition) filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank Defendants' Memorandum as to Plaintiff's Waiver. (Attachments: # 1 Exhibit A (Damage Calculations))(Nieters, Steven) (Entered: 05/22/2015)
1272015-07-21 ORDER: For the above-stated reasons, the Court APPLIES $80,000 to the 18092 Loan. Theprincipal balance on July 28, 2010 should have been $35,570.70. After additional paymentsmade by the Thorntons and BGF, the most current balance is $12,459.35, plus interest. (Doc. No.26-1.) The Court DIRECTS the Clerk to close this case. Signed by Senior Judge John T. Nixon on 7/17/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw) (Entered: 07/21/2015)
1282015-08-20 MOTION for Attorney Fees and Expenses by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Bulso, Eugene) (Entered: 08/20/2015)
1292015-08-20 DECLARATION of Eugene N. Bulso, Jr. filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton re: 128 MOTION for Attorney Fees and Expenses. (Attachments: # 1 Exhibit Detailed Statement of fees and expenses)(Bulso, Eugene) (Entered: 08/20/2015)
1302015-09-03 RESPONSE in Opposition re 128 MOTION for Attorney Fees and Expenses filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit 1 - FDIC v. Myers, # 2 Exhibit 2 - Defendants' Rule 26(a)(1) Initial Disclosures, # 3 Exhibit 3 - Defendants-Appellate Brief, # 4 Exhibit 4 - Dairy Gold, Inc. v. Thomas, # 5 Exhibit 5 - Stipulations, # 6 Exhibit 6 - Appellate Court Doc. 006111927087, # 7 Exhibit 7 - Defendants' produced copy of the $80,000.00 check)(Hull, John) (Entered: 09/03/2015)
1312015-09-14 MOTION for Leave to to File Reply re 128 MOTION for Attorney Fees and Expenses by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton. (Attachments: # 1 Attachment Reply in Further Support of Motion for Attorney's Fees and Expenses, # 2 Exhibit Reply Ex. 1 (Appellants' Brief in 6th Circuit), # 3 Exhibit Reply Ex. 2 (Appellants' Reply Brief in 6th Circuit))(Bulso, Eugene) (Entered: 09/14/2015)
1322016-09-21 ORDER: The Motion for Leave to File Reply 131 is GRANTED and, for the reasons discussed below, Defendants' Motion for Attorneys Fees 128 is GRANTED. Signed by Senior Judge John T. Nixon on 9/21/16. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 09/21/2016)
1332016-09-20 REPLY to Response to 128 MOTION for Attorney Fees and Expenses filed by Bowling Green Freight, Inc., Anthony W. Thornton and Elizabeth Thornton. (Attachments: # 1 Exhibit 1 - Appellants' Brief in 6th Circuit, # 2 Exhibit 2 - Appellants' Reply Brief in 6th Circuit)(dt) (Entered: 09/21/2016)
1342016-10-05 RESPONSE filed by Bowling Green Freight, Inc., Anthony W. Thornton, Elizabeth Thornton re 132 Order on Motion for Attorney Fees, Order on Motion for Leave,, Response to 9.20.16 Order and Suggested Calculation of Prejudgment Interest. (Nieters, Steven) (Entered: 10/05/2016)
1352016-10-14 RESPONSE in Opposition re 131 MOTION for Leave to to File Reply re 128 MOTION for Attorney Fees and Expenses Doc. No. 134 filed by Federal Deposit Insurance Corporation, as Receiver for Tennessee Commerce Bank. (Attachments: # 1 Exhibit 1 Commercial Law Corp. v. FDIC, # 2 Exhibit 2 FDIC v. Myers, # 3 Exhibit 4. Def. Appellate Brief, # 4 Exhibit 3. Defendants Rule 26a1 Disclosures, # 5 Exhibit 5. Federated Bank v. FDIC, # 6 Exhibit 6. Emails, # 7 Exhibit 7. Issues on Appeal, # 8 Exhibit 8. Email)(Hull, John) (Entered: 10/14/2016)