Case details

Court: gand
Docket #: 1:13-cv-01497
Case Name: Renasant Bank (Inc.) v. Doug Kelly Properties, Inc. et al
PACER case #: 194116
Date filed: 2013-05-03
Date terminated: 2013-06-06
Assigned to: Judge Timothy C. Batten, Sr
Case Cause: 28:1332 Diversity-Other Contract
Nature of Suit: 190 Contract: Other
Jury Demand: None
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Renasant Bank (Inc.)
Plaintiff
assignee ofFederal Deposit Insurance Corporation as receiver forCrescent Bank and Trust Company
Marion B Stokes
Stokes Lazarus & Carmichael, LLP 80 Peachtree Park Drive, N.E. Atlanta, GA 30309-1320 404-352-1465 Fax: 404-352-8463 Email: mbs@slclaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Thomas V. Keough
Stokes Lazarus & Carmichael 80 Peachtree Park Drive, N.E. Atlanta, GA 30309 404-352-1465 Email: tvk@slclaw.com
ATTORNEY TO BE NOTICED

Doug Kelly Properties, Inc.
Defendant
TERMINATED: 06/06/2013
Inlet Bait, LLC
Defendant
David Lloyd Merrill
Ozment Merrill Boulevard Suite 410 2001 Palm Beach Lakes West Palm Beach, FL 33409 561-689-6789 Fax: 561-689-6767
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Douglas E. Kelly
Defendant
TERMINATED: 06/06/2013
David Lloyd Merrill
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jimmy D. Purcell
Defendant
Both Individually TERMINATED: 06/06/2013 also known asDexter J. Purcell TERMINATED: 06/06/2013

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-05-03 1 0 COMPLAINT, filed by Renasant Bank (Inc.). Consent form to proceed before U.S. Magistrate and pretrial instructions provided. ( Filing fee $ 400.00 receipt number 113E-4560410.) (Attachments: # 1 Exhibits A - U, # 2 Blank Summons, # 3 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 05/06/2013)
1 1 Exhibits A - U
1 2 Blank Summons
1 3 Civil Cover Sheet
2013-05-03 2 0 CONSENT to Jurisdiction by US Magistrate Judge by Renasant Bank (Inc.).. (eop) (Entered: 05/06/2013)
2013-05-03 3 0 Certificate of Interested Persons by Renasant Bank (Inc.). (eop) (Entered: 05/06/2013)
2013-05-08 4 0 Summons Issued as to Doug Kelly Properties, Inc., Inlet Bait, LLC, Douglas E. Kelly and Jimmy D. Purcell. (bdb) (Entered: 05/08/2013)
2013-05-14 5 0 Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 5/14/13. (rsh) (Entered: 05/14/2013)
2013-05-22 6 0 Return of Service Executed by Renasant Bank (Inc.). Doug Kelly Properties, Inc. served on 5/11/2013, answer due 6/3/2013. (Stokes, Marion) (Entered: 05/22/2013)
2013-05-22 7 0 Return of Service Executed by Renasant Bank (Inc.). Douglas E. Kelly served on 5/11/2013, answer due 6/3/2013. (Stokes, Marion) (Entered: 05/22/2013)
2013-05-22 8 0 Return of Service Executed by Renasant Bank (Inc.). Inlet Bait, LLC served on 5/13/2013, answer due 6/3/2013. (Stokes, Marion) (Entered: 05/22/2013)
2013-05-22 9 0 Return of Service Executed by Renasant Bank (Inc.). Jimmy D. Purcell served on 5/13/2013, answer due 6/3/2013. (Stokes, Marion) (Entered: 05/22/2013)
2013-05-28 10 0 SUGGESTION OF BANKRUPTCY Upon the Record by Inlet Bait, LLC. (bdb) (Entered: 05/29/2013)
2013-06-04 11 0 MOTION for Clerks Entry of Default by Renasant Bank (Inc.). (Attachments: # 1 Affidavit of Donna M. Norton, # 2 Affidavit of Marion B. Stokes, # 3 Text of Proposed Order)(Stokes, Marion) (Entered: 06/04/2013)
2013-06-04 12 0 AFFIDAVIT re 11 MOTION for Clerks Entry of Default First Amendment to Affidavit of Marion B. Stokes by Renasant Bank (Inc.). (Stokes, Marion) (Entered: 06/04/2013)
2013-06-05 13 0 ORDER DIRECTING that Plaintiff shall file either a request for the Clerk to enter default judgment pursuant to Federal Rule of Civil Procedure 55(b)(1) or a motion for default judgment pursuant to subsection (b)(2) within ten days of this Order. Plaintiff shall include with request or motion all supporting documentation and affidavits establishing the amount of damages. Signed by Judge Timothy C. Batten, Sr on 6/5/13. (rsh) (Entered: 06/05/2013)
2013-06-06 14 0 MOTION for Default Judgment as to Doug Kelly Properties, Inc., Douglas E. Kelly and Jimmy D. Purcell a/k/a Dexter J. Purcell with Brief In Support by Renasant Bank (Inc.). (Attachments: # 1 Affidavit of Marion B. Stokes, # 2 Affidavit of Marion B. Stokes (First Amendment), # 3 Affidavit, # 4 Brief, # 5 Text of Proposed Order, # 6 Certificate of Service)(Stokes, Marion) (Entered: 06/06/2013)
2013-06-06 15 0 DEFAULT JUDGMENT entered in favor of plaintiff and against defendants Doug Kelly Properties, Inc., Douglas E. Kelly and Jimmy D. Purcell a/k/a Dexter J. Purcell, jointly and severally pursuant to FRCP Rule 55(b)in the sums of: Cts I,II & III against Doug Kelly Properties, Inc and Douglas E. Kelly in the amount of $127,330.00 as principal, $18,542.53 as pre-judgment interest, continuing interest at 16% per annum, post judgment interest, $21,448.04 for attorney fees plus court costs. Ct IV against defendants Douglas E. Kelly and Jimmy D. Purcess a/k/a Dexter J. Purcell in the amount of $586,880.86 as principal, $103,994.69 as pre-judgment interest, continuing interest at 16% per annum, post judgment interest, $98,997.14 for attorney fees plus court costs.(jlm)--Please refer to http://www.ca11.uscourts.gov to obtain an appeals jurisdiction checklist-- (Entered: 06/06/2013)
2013-06-06 16 0 ORDER directing Clerk to administratively close case, as remaining Defendant, Inlet Bait, LLC, has filed a chapter 11 bankruptcy petition, and consequently the Bank's claims against it are automatically stayed pursuant to 11 U.S.C. ยง 362. If necessary, the case may be reopened upon the timely motion of either party after resolution of Inlet Baits bankruptcy case. Signed by Judge Timothy C. Batten, Sr on 6/6/13. (rsh) (Entered: 06/06/2013)
2013-06-07 17 0 APPLICATION for Admission of Matthew T. Girardi Pro Hac Vice and MOTION to Waive Local Counsel Requirement for Cause by Doug Kelly Properties, Inc., Douglas E. Kelly, Jimmy D. Purcell. (Attachments: # 1 Text of Proposed Order) (bdb) (Entered: 06/11/2013)
2013-06-07 18 0 MOTION for Enlargement of Time to File Answer (Response) re 1 Complaint by Doug Kelly Properties, Inc., Douglas E. Kelly, Jimmy D. Purcell. (bdb) (Entered: 06/11/2013)
2013-06-11 19 0 NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 re 17 APPLICATION for Admission of Matthew T. Girardi Pro Hac Vice and MOTION to Waive Local Counsel Requirement for Cause and 18 MOTION for Extension of Time to File Answer re 1 Complaint. Mailed to: Matthew T. Girardi. (bdb) (Entered: 06/11/2013)
2013-06-11 20 0 ORDER DENYING 17 Application for Admission Pro Hac Vice; DENYING 17 Motion to Waive the Local Counsel Requirement and DENYING 18 Motion for Extension of Time to Answer. Clerk is DIRECTED to return the check Girardi included with his filings. Signed by Judge Timothy C. Batten, Sr on 6/11/13. (jlm) (Entered: 06/11/2013)
2013-06-11 21 0 NOTICE of Appearance by Thomas V. Keough on behalf of Renasant Bank (Inc.) (Keough, Thomas) (Entered: 06/11/2013)
2013-06-20 22 0 APPLICATION for Writ of Execution by Renasant Bank (Inc.). (Stokes, Marion) (Entered: 06/20/2013)
2013-07-08 23 0 SUGGESTION OF BANKRUPTCY Upon the Record by Douglas E. Kelly. (hfm) (Entered: 07/10/2013)
2013-07-25 24 0 CERTIFICATION of Judgment received from Plaintiff's counsel, Civil Action Number 1:13-cv-1497-TCB in favor of Plaintiff and against Defendants Doug Kelly Properties, Inc., Douglas E. Kelly and Jimmy D. Purcell a/k/a Dexter J. Purcell, jointly and severally in the amount of $127,330.00 as principal, $18,542.53 as pre-judgment interest, continuing interest at 16% per annum, post judgment interest, $21,448.04 for attorney fees plus court costs. Ct IV against defendants Douglas E. Kelly and Jimmy D. Purcess a/k/a Dexter J. Purcell in the amount of $586,880.86 as principal, $103,994.69 as pre-judgment interest, continuing interest at 16% per annum, post judgment interest, $98,997.14 for attorney fees plus court costs. (jtj) (Entered: 07/25/2013)