| Court: | gand |
| Docket #: | 1:16-cv-00154 |
| Case Name: | First -Citizens Bank & Trust Company v. Horton Homes, Inc. et al |
| PACER case #: | 223511 |
| Date filed: | 2016-01-18 |
| Assigned to: | Judge Richard W. Story |
| Case Cause: | 28:1331(a) Fed. Question: Real Property |
| Nature of Suit: | 290 Real Property: Other |
| Jury Demand: | None |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| First -Citizens Bank & Trust Company Plaintiff Assignee and Successor in Interest to the Federal Deposit Insurance Corporation as Receiver for Georgian Bank formerly known asFirst Citizens Bank and Trust Company, Inc. |
Jordan Stephen Chrietzberg Marion B Stokes |
| Horton Homes, Inc. Defendant |
Douglas Lee Price |
| N.D. Horton, Jr. Defendant also known asNevils D. Horton, Jr. also known asN. Dudley Horton, Jr. |
Douglas Lee Price |
| N.D. Horton, Jr. Defendant Trustee of the N.D. Horton, Jr. Revocable Trust |
Douglas Lee Price |
| Ironwood Family Holdings, LLC Defendant |
Albert Fred Nasuti Douglas Lee Price William James Shaughnessy John Patrick O'Brien |
| Pete Bailey Defendant As Trustee of the Pete Bailey Associates Profit Sharing Plan |
Douglas Lee Price Andrew John Lavoie John Anthony Christy Scott D. McAlpine |
| Rufus W. Hicks, Jr. Defendant As Co-Trustee of the Dudley Horton 1999 Trust No. One |
Douglas Lee Price |
| Donald B. Kelly Defendant As Co-Trustee of the Dudley Horton 1999 Trust No. Two |
Douglas Lee Price |
| Rufus W. Hicks, Jr. Defendant As Co-Trustee of the Dudley Horton 1999 Trust No. Two |
Douglas Lee Price |
| Donald B. Kelly Defendant As Co-Trustee of the Dudley Horton 1999 Trust No. One |
Douglas Lee Price |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2016-01-18 | 1 | 0 | COMPLAINT filed by First -Citizens Bank & Trust Company and summon(s) issued. ( Filing fee $ 400 receipt number 113E-6238653.) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1-7, # 3 Exhibit 8, # 4 Exhibit 9-10, # 5 Exhibit 11-13, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(fap) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 01/20/2016) | |||
| 2016-01-19 | 2 | 0 | Electronic Summons Issued as to Pete Bailey, Rufus W. Hicks, Jr(As Co-Trustee of the Dudley Horton 1999 Trust No. Two), Rufus W. Hicks, Jr(As Co-Trustee of the Dudley Horton 1999 Trust No. One), N.D. Horton, Jr, N.D. Horton, Jr(Trustee of the N.D. Horton, Jr. Revocable Trust), Horton Homes, Inc., Ironwood Family Holdings, LLC, Donald B. Kelly(As Co-Turstee of the Dudley Horton 1999 Trust No. One), Donald B. Kelly(As Co-Trustee of the Dudley Horton 1999 Trust No. Two). (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(fap) (Entered: 01/20/2016) | |||
| 2016-01-20 | 3 | 0 | Court Notice Of Filing: Standing Order by Judge Richard W. Story. (rag) (Entered: 01/20/2016) | |||
| 2016-01-22 | 4 | 0 | WAIVER OF SERVICE Returned Executed by First -Citizens Bank & Trust Company. Horton Homes, Inc. waiver mailed on 1/20/2016, answer due 3/21/2016. (Stokes, Marion) (Entered: 01/22/2016) | |||
| 2016-01-22 | 5 | 0 | WAIVER OF SERVICE Returned Executed by First -Citizens Bank & Trust Company. N.D. Horton, Jr waiver mailed on 1/20/2016, answer due 3/21/2016. (Stokes, Marion) (Entered: 01/22/2016) | |||
| 2016-01-22 | 6 | 0 | WAIVER OF SERVICE Returned Executed by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 01/22/2016) | |||
| 2016-02-01 | 7 | 0 | Return of Service Executed by First -Citizens Bank & Trust Company. Rufus W. Hicks, Jr(As Co-Trustee of the Dudley Horton 1999 Trust No. Two) served on 1/25/2016, answer due 2/16/2016. (Stokes, Marion) (Entered: 02/01/2016) | |||
| 2016-02-01 | 8 | 0 | Return of Service Executed by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 02/01/2016) | |||
| 2016-02-01 | 9 | 0 | Return of Service Executed by First -Citizens Bank & Trust Company. Donald B. Kelly(As Co-Trustee of the Dudley Horton 1999 Trust No. One) served on 1/25/2016, answer due 2/16/2016. (Stokes, Marion) (Entered: 02/01/2016) | |||
| 2016-02-01 | 10 | 0 | Return of Service Executed by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 02/01/2016) | |||
| 2016-02-19 | 11 | 0 | AFFIDAVIT re 1 Complaint,, by First -Citizens Bank & Trust Company. (Attachments: # 1 Certificate of Service)(Stokes, Marion) (Entered: 02/19/2016) | |||
| 2016-02-25 | 12 | 0 | ANSWER to 1 COMPLAINT by Pete Bailey, Rufus W. Hicks, Jr(As Co-Trustee of the Dudley Horton 1999 Trust No. Two), Rufus W. Hicks, Jr(As Co-Trustee of the Dudley Horton 1999 Trust No. One), N.D. Horton, Jr, N.D. Horton, Jr(Trustee of the N.D. Horton, Jr. Revocable Trust), Horton Homes, Inc., Ironwood Family Holdings, LLC, Donald B. Kelly(As Co-Trustee of the Dudley Horton 1999 Trust No. One), Donald B. Kelly(As Co-Trustee of the Dudley Horton 1999 Trust No. Two). Discovery ends on 7/25/2016.(sk) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. Modified on 2/25/2016 (sk). (Entered: 02/25/2016) | |||
| 2016-02-25 | 13 | 0 | NOTICE OF REQUIREMENT TO FILE ELECTRONICALLY pursuant to Standing Order 04-01 as to Douglas Lee Price re 12 Answer to Complaint. (sk) (Entered: 02/25/2016) | |||
| 2016-02-29 | 14 | 0 | Return of Service Executed by First -Citizens Bank & Trust Company. Ironwood Family Holdings, LLC served on 2/11/2016, answer due 3/3/2016. (Stokes, Marion) (Entered: 02/29/2016) | |||
| 2016-03-01 | 15 | 0 | ANSWER to 1 COMPLAINT by Ironwood Family Holdings, LLC.(O'Brien, John) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 03/01/2016) | |||
| 2016-03-07 | 16 | 0 | Notice for Leave of Absence for the following date(s): May 24, 25, 26, 27, 28, 29, 30, 31, June 1, 2, 3, 4, 5, 6, 7, by John Patrick O'Brien. (O'Brien, John) (Entered: 03/07/2016) | |||
| 2016-03-08 | 17 | 0 | AFFIDAVIT in Support re 15 Answer to Complaint by Ironwood Family Holdings, LLC. (O'Brien, John) (Entered: 03/08/2016) | |||
| 2016-03-11 | 18 | 0 | Return of Service Executed by First -Citizens Bank & Trust Company. Pete Bailey served on 3/8/2016, answer due 3/29/2016. (Stokes, Marion) (Entered: 03/11/2016) | |||
| 2016-03-11 | 19 | 0 | NOTICE of Appearance by John Anthony Christy on behalf of Pete Bailey (Christy, John) (Entered: 03/11/2016) | |||
| 2016-03-29 | 20 | 0 | JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 03/29/2016) | |||
| 2016-03-29 | 21 | 0 | CONSENT to Jurisdiction by US Magistrate Judge by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 03/29/2016) | |||
| 2016-03-29 | 22 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Pete Bailey. (Attachments: # 1 Brief)(McAlpine, Scott) (Entered: 03/29/2016) | |||
| 2016-03-30 | 23 | 0 | MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ironwood Family Holdings, LLC. (Attachments: # 1 Brief)(O'Brien, John) (Entered: 03/30/2016) | |||
| 2016-03-30 | 24 | 0 | SCHEDULING ORDER approving the re 20 Joint Preliminary Report and Discovery Plan. The case is assigned to a 6-month discovery track. Signed by Judge Richard W. Story on 03/30/2016. (rsg) (Entered: 03/31/2016) | |||
| 2016-03-31 | 25 | 0 | Certificate of Interested Persons by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 03/31/2016) | |||
| 2016-03-31 | 26 | 0 | Initial Disclosures by Ironwood Family Holdings, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(O'Brien, John) (Entered: 03/31/2016) | |||
| 2016-04-12 | 27 | 0 | RESPONSE in Opposition re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 04/12/2016) | |||
| 2016-04-27 | 28 | 0 | REPLY to Response to Motion re 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ironwood Family Holdings, LLC. (O'Brien, John) (Entered: 04/27/2016) | |||
| 2016-04-27 | 29 | 0 | CERTIFICATE OF SERVICE of Initial Disclosures by Pete Bailey.(McAlpine, Scott) (Entered: 04/27/2016) | |||
| 2016-04-27 | 30 | 0 | REPLY BRIEF re 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pete Bailey. (Attachments: # 1 Exhibit)(McAlpine, Scott) (Entered: 04/27/2016) | |||
| 2016-04-29 | 31 | 0 | CERTIFICATE OF SERVICE (Rule 5.4) by First -Citizens Bank & Trust Company.(Stokes, Marion) (Entered: 04/29/2016) | |||
| 2016-05-03 | 32 | 0 | Initial Disclosures by First -Citizens Bank & Trust Company.(Stokes, Marion) (Entered: 05/03/2016) | |||
| 2016-05-06 | 33 | 0 | CERTIFICATE OF SERVICE 5.4 by First -Citizens Bank & Trust Company.(Stokes, Marion) (Entered: 05/06/2016) | |||
| 2016-05-27 | 34 | 0 | CERTIFICATE OF SERVICE by Ironwood Family Holdings, LLC.(O'Brien, John) (Entered: 05/27/2016) | |||
| 2016-06-01 | 35 | 0 | CERTIFICATE OF SERVICE of Discovery by Pete Bailey.(McAlpine, Scott) (Entered: 06/01/2016) | |||
| 2016-07-15 | 36 | 0 | Notice for Leave of Absence for the following date(s): August 24,25,26,27,28,29, September 21,22,23,24,25,26,27,28,29,30, October 1,2,3, by John Patrick O'Brien. (O'Brien, John) (Entered: 07/15/2016) | |||
| 2016-08-11 | 37 | 0 | MOTION for Summary Judgment with Brief In Support by First -Citizens Bank & Trust Company. (Attachments: # 1 Statement of Material Facts, # 2 Brief, # 3 Affidavit Affidavit of Marion B. Stokes, # 4 Affidavit Affidavit of Byron Lombard, # 5 Affidavit Affidavit of Daniel Wolf, # 6 Exhibit Exhibits A-D to Wolf Aff., # 7 Exhibit Exhibits E-H to Wolf Aff., # 8 Exhibit Exhibits I-L to Wolf Aff., # 9 Exhibit Exhibits M-P to Wolf Aff., # 10 Exhibit Exhibits Q-T to Wolf Aff., # 11 Notice of Filing Motion for Summary Judgment, # 12 Certificate of Service - MSJ)(Stokes, Marion) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- (Entered: 08/11/2016) | |||
| 2016-08-11 | 38 | 0 | NOTICE by First -Citizens Bank & Trust Company of Filing Discovery (Stokes, Marion) (Entered: 08/11/2016) | |||
| 2016-08-11 | 39 | 0 | DEPOSITION of N.D. Horton, Jr. taken on April 15, 2016 by First -Citizens Bank & Trust Company.(Stokes, Marion) (Entered: 08/11/2016) | |||
| 2016-08-11 | 40 | 0 | NOTICE Of Filing Deposition of N.D. Horton, Jr. dated April 15, 2016 by First -Citizens Bank & Trust Company re 39 Deposition (Stokes, Marion) (Entered: 08/11/2016) | |||
| 2016-08-11 | 41 | 0 | NOTICE of Appearance by Andrew John Lavoie on behalf of Pete Bailey (Lavoie, Andrew) (Entered: 08/11/2016) | |||
| 2016-08-12 | 42 | 0 | NOTICE Of Filing by First -Citizens Bank & Trust Company of Affidavit of Charles J. Kap (Attachments: # 1 Affidavit of Charles Kap)(Stokes, Marion) (Entered: 08/12/2016) | |||
| 2016-09-01 | 43 | 0 | RESPONSE re 37 MOTION for Summary Judgment filed by Ironwood Family Holdings, LLC. (Attachments: # 1 Brief Ironwood Family Holdings, LLC's Response Brief to Plaintiff's Motion for Summary Judgment, # 2 Affidavit Affidavit of Jamie Reynolds, III, # 3 Statement of Material Facts Ironwood Family Holdings, LLC's Response to Plaintiff's Statement of Undisputed Material Facts, # 4 Statement of Material Facts Ironwood Family Holdings, LLC's Statement of Additional Material Facts Which Present A Genuine Issue for Trial)(O'Brien, John) (Entered: 09/01/2016) | |||
| 2016-09-01 | 44 | 0 | MOTION for Oral Argument re 37 MOTION for Summary Judgment , 43 Response to Motion,, by Ironwood Family Holdings, LLC. (O'Brien, John) (Entered: 09/01/2016) | |||
| 2016-09-06 | 45 | 0 | MOTION to Strike Paragraphs Six and Seven of August 10, 2016 Affidavit of Marion B. Stokes with Brief In Support by Pete Bailey. (Lavoie, Andrew) (Entered: 09/06/2016) | |||
| 2016-09-06 | 46 | 0 | Response to Statement of Material Facts re 37 MOTION for Summary Judgment filed by Pete Bailey. (Lavoie, Andrew) (Entered: 09/06/2016) | |||
| 2016-09-06 | 47 | 0 | Statement of Material Facts that Present a Genuine Issue for Trial re 37 MOTION for Summary Judgment filed by Pete Bailey. (Lavoie, Andrew) Modified on 9/7/2016 to edit text(bnw). (Entered: 09/06/2016) | |||
| 2016-09-06 | 48 | 0 | RESPONSE in Opposition re 37 MOTION for Summary Judgment filed by Pete Bailey. (Lavoie, Andrew) (Entered: 09/06/2016) | |||
| 2016-09-08 | 49 | 0 | MOTION for Extension of Time to Complete Discovery by Ironwood Family Holdings, LLC. (O'Brien, John) (Entered: 09/08/2016) | |||
| 2016-09-08 | 50 | 0 | JOINDER IN 49 MOTION for Extension of Time to Complete Discovery filed by Pete Bailey. (Lavoie, Andrew) Text modified on 9/9/2016 (jkl). (Entered: 09/08/2016) | |||
| 2016-09-12 | 51 | 0 | Notice for Leave of Absence for the following date(s): October 12, 13, 14, 15, 16, 17,, by John Patrick O'Brien. (O'Brien, John) (Entered: 09/12/2016) | |||
| 2016-09-15 | 52 | 0 | REPLY to Defendant Ironwood's Response to 37 MOTION for Summary Judgment filed by First -Citizens Bank & Trust Company. (Attachments: # 1 Plaintiff's Local Rule 56.1(B)(3) Response to Defendant Ironwood's Additional Facts, # 2 Certificate of Service and Type Size Compliance)(Stokes, Marion) Modified on 9/15/2016 (adg). (Entered: 09/15/2016) | |||
| 2016-09-15 | 53 | 0 | RESPONSE re 44 MOTION for Oral Argument re 37 MOTION for Summary Judgment , 43 Response to Motion,, filed by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 09/15/2016) | |||
| 2016-09-15 | 54 | 0 | NOTICE by First -Citizens Bank & Trust Company re 43 Response to Motion,, of Objection to Affidavit of Jamie Reynolds, III [43-2] (Stokes, Marion) (Entered: 09/15/2016) | |||
| 2016-09-20 | 55 | 0 | NOTICE Of Filing by First -Citizens Bank & Trust Company re 48 Response in Opposition to Motion, 37 MOTION for Summary Judgment , 46 Response to Statement of Material Facts Affidavits of J. William Parker, David W. Moore, and Travis Lee Avant (Stokes, Marion) (Entered: 09/20/2016) | |||
| 2016-09-20 | 56 | 0 | REPLY to Response to Motion re 37 MOTION for Summary Judgment filed by First -Citizens Bank & Trust Company. (Attachments: # 1 Plaintiff's Local Rule 56.1(B)(3) Response & Notice of Objection to Defendant Bailey's Additional Facts, # 2 Certificate of Service and Type Size Compliance)(Stokes, Marion) (Entered: 09/20/2016) | |||
| 2016-09-20 | 57 | 0 | NOTICE by First -Citizens Bank & Trust Company re 37 MOTION for Summary Judgment , 47 Statement of Material Facts of Objection to Affidavit of Pete Bailey [Doc. 47] (Stokes, Marion) (Entered: 09/20/2016) | |||
| 2016-09-20 | 58 | 0 | RESPONSE in Opposition re 45 MOTION to Strike Paragraphs Six and Seven of August 10, 2016 Affidavit of Marion B. Stokes filed by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 09/20/2016) | |||
| 2016-10-04 | 59 | 0 | REPLY to Response to Motion re 45 MOTION to Strike Paragraphs Six and Seven of August 10, 2016 Affidavit of Marion B. Stokes filed by Pete Bailey. (Lavoie, Andrew) (Entered: 10/04/2016) | |||
| 2016-10-04 | 60 | 0 | MOTION to Strike 55 Notice of Filing, with Untimely Affidavits Attached, with Brief In Support by Pete Bailey. (Lavoie, Andrew) (Entered: 10/04/2016) | |||
| 2016-10-06 | 61 | 0 | RESPONSE in Opposition re 60 MOTION to Strike 55 Notice of Filing, with Untimely Affidavits Attached, and Memorandum of Law in Support filed by First -Citizens Bank & Trust Company. (Stokes, Marion) (Entered: 10/06/2016) | |||
| 2016-10-07 | 62 | 0 | ORDER granting 49 Motion for Extension of Time to Complete Discovery. Discovery ends on 12/30/2016. Signed by Judge Richard W. Story on 10/7/16. (jpa) (Entered: 10/11/2016) | |||
| 2016-10-24 | 63 | 0 | ORDER granting 44 Motion for Oral Argument. All pending motions shall be set for oral argument. The Courtroom Deputy Clerk will consult with counsel to schedule the hearing. Signed by Judge Richard W. Story on 10/24/2016. (bdb) (Entered: 10/24/2016) |