| Court: | nced |
| Docket #: | 7:09-cv-00191 |
| Case Name: | First National Bank of Omaha v. Federal Deposit Insurance Corporation et al |
| PACER case #: | 103393 |
| Date filed: | 2009-11-24 |
| Assigned to: | Chief Judge Louise Wood Flanagan |
| Case Cause: | 12:1821 Default of Loan by Promissary Note |
| Nature of Suit: | 430 Banks and Banking |
| Jury Demand: | None |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| First National Bank of Omaha Plaintiff |
Camden R. Webb Julia Renee Wicker |
| Federal Deposit Insurance Corporation Defendant as receiver for Cooperative Bank |
J. Jerome Hartzell |
| John J Burney, III Defendant individually |
James Oliver Carter |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2009-11-24 | 1 | 0 | COMPLAINT against Federal Deposit Insurance Corporation, John J Burney, III ( Filing fee $ 350 receipt number 04170000000001036561.), filed by First National Bank of Omaha. (Webb, Camden) (Entered: 11/24/2009) | |||
| 2009-11-24 | 2 | 0 | FINANCIAL DISCLOSURE STATEMENT by First National Bank of Omaha identifying Corporate Parent First National Bank of Nebraska, Inc. for First National Bank of Omaha. (Webb, Camden) (Entered: 11/24/2009) | |||
| 2009-11-24 | 3 | 0 | NOTICE by First National Bank of Omaha re 1 Complaint Summons to FDIC (Webb, Camden) (Entered: 11/24/2009) | |||
| 2009-11-24 | 4 | 0 | NOTICE by First National Bank of Omaha re 1 Complaint Summons to FDIC (Webb, Camden) (Entered: 11/24/2009) | |||
| 2009-11-24 | 5 | 0 | NOTICE by First National Bank of Omaha re 1 Complaint Summons to Burney (Webb, Camden) (Entered: 11/24/2009) | |||
| 2009-11-24 | 6 | 0 | NOTICE by First National Bank of Omaha re 1 Complaint Summons to FDIC (Webb, Camden) (Entered: 11/24/2009) | |||
| 2009-11-25 | 7 | 0 | ORDER REASSIGNING CASE. At the direction of the Court, and for the continued efficient administration of justice, the above captioned case is reassigned to the Honorable Louise W. Flanagan, Chief United States District Judge, for all further proceedings. All future documents should reflect the revised case number of 7:09-CV-191-FL. Signed by Clerk of Court on 11/25/09. Copies served electronically. (Baker, C.) (Entered: 11/25/2009) | |||
| 2009-11-30 | 8 | 0 | Summons Issued as to John J Burney, III. Counsel should print summons to effect service. (Baker, C.) (Entered: 11/30/2009) | |||
| 2009-11-30 | 9 | 0 | Summons Issued as to Federal Deposit Insurance Corporation as receiver for COOPERATIVE BANK. Counsel should print summons to effect service. (Baker, C.) (Entered: 11/30/2009) | |||
| 2009-11-30 | 10 | 0 | NOTICE by First National Bank of Omaha Civil Cover Sheet (Webb, Camden) (Entered: 11/30/2009) | |||
| 2009-11-30 | 11 | 0 | Summons Issued as to Federal Deposit Insurance Corporation as receiver for COOPERATIVE BANK c/o Donald McKinley, Regional Counsel. Counsel should print summons to effect service. (Baker, C.) (Entered: 11/30/2009) | |||
| 2009-12-01 | 12 | 0 | AMENDED COMPLAINT against Federal Deposit Insurance Corporation, John J Burney, III, filed by First National Bank of Omaha. (Wicker, Julia) (Entered: 12/01/2009) | |||
| 2009-12-09 | 13 | 0 | AFFIDAVIT of Service for Summons, Complaint, First Amended Complaint, Civil Cover Sheet, Plaintiff's Corporate Disclosure Statement served on John J. Burney, III on 12/7/2009, filed by First National Bank of Omaha. (Wicker, Julia) (Entered: 12/09/2009) | |||
| 2009-12-09 | 14 | 0 | AFFIDAVIT of Service for Summons, Complaint, First Amended Complaint, Civil Cover Sheet, and Plaintiff's Corporate Disclosure Statement served on Federal Deposit Insurance Corporation on 12/2/2009, filed by First National Bank of Omaha. (Wicker, Julia) (Entered: 12/09/2009) | |||
| 2009-12-21 | 15 | 0 | MOTION for Extension of Time to File Answer re 12 Amended Complaint, 1 Complaint by John J Burney, III. (Attachments: # 1 Text of Proposed Order Extending Time to Answer or Plead) (Carter, James) (Entered: 12/21/2009) | |||
| 2009-12-23 | 16 | 0 | ORDER granting 15 Motion for Extension of Time to Answer. John J Burney, III's answer due 1/18/2010. Signed by Clerk of Court on 12/23/09. Copies served electronically. (Baker, C.) (Entered: 12/23/2009) | |||
| 2010-01-13 | 17 | 0 | MOTION for Extension of Time to File Answer re 12 Amended Complaint by Federal Deposit Insurance Corporation. (Attachments: # 1 Text of Proposed Order) (Hartzell, J.) (Entered: 01/13/2010) | |||
| 2010-01-15 | 18 | 0 | ORDER granting 17 Motion for Extension of Time to Answer. Federal Deposit Insurance Corporation's answer due 3/1/2010. Signed by Clerk of Court on 01/15/2010. Copies served electronically. (Baker, C.) (Entered: 01/15/2010) | |||
| 2010-02-08 | 19 | 0 | MOTION for Entry of Default John J. Burney, III, MOTION for Default Judgment as to John J. Burney, III by First National Bank of Omaha. (Wicker, Julia) (Entered: 02/08/2010) | |||
| 2010-02-08 | 20 | 0 | NOTICE by First National Bank of Omaha re 19 MOTION for Entry of Default as to John J. Burney - Proposed Entry of Default (Wicker, Julia) Modified on 2/8/2010 to correct docket entry text (Baker, C.). (Entered: 02/08/2010) | |||
| 2010-02-08 | 21 | 0 | NOTICE by First National Bank of Omaha re 19 MOTION for Default Judgment as to John J. Burney, III - Proposed Default Judgment (Wicker, Julia) Modified on 2/8/2010 to correct docket entry text (Baker, C.). (Entered: 02/08/2010) | |||
| 2010-02-19 | 22 | 0 | ORDER granting 19 Motion for Entry of Default as to Defendant John J. Burney, III. Signed by Clerk of Court on 02/19/2010. Copies served. (Baker, C.) (Entered: 02/19/2010) | |||
| 2010-02-25 | 23 | 0 | ORDER re 19 Motion for Default Judgment. Supporting memorandum to be filed on or before March 14, 2010. If no supporting memorandum of law is filed by the deadline herein set, plaintiff shall be deemed to have abandoned any present contention that it is entitled now to this judgment, while the case proceeds against the co-defendant, without prejudice to the making of a renewed request later, against the individual defendant. In this event, without more, the clerk shall terminate the motion as one made moot by the failure to file any supporting memorandum at this time. Signed by Chief Judge Louise Wood Flanagan on 02/24/2010. Copies served. (Baker, C.) (Entered: 02/25/2010) | |||
| 2010-03-01 | 24 | 0 | MOTION to Dismiss by Federal Deposit Insurance Corporation. Responses due by 3/22/2010 (Hartzell, J.) (Entered: 03/01/2010) | |||
| 2010-03-01 | 25 | 0 | Memorandum in Support re 24 MOTION to Dismiss filed by Federal Deposit Insurance Corporation. (Hartzell, J.) (Entered: 03/01/2010) | |||
| 2010-03-22 | 26 | 0 | RESPONSE in Opposition re 24 MOTION to Dismiss filed by First National Bank of Omaha. (Wicker, Julia) (Entered: 03/22/2010) | |||
| 2010-03-26 | 27 | 0 | INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 4/30/2010. Initial Conference set for 5/6/2010 at 01:00 PM in Telephonic before Chief Judge Louise Wood Flanagan. Signed by Chief Judge Louise Wood Flanagan on 03/26/2010. Copies served electronically. (Baker, C.) (Entered: 03/26/2010) | |||
| 2010-04-07 | 28 | 0 | REPLY to Response to Motion re 24 MOTION to Dismiss filed by Federal Deposit Insurance Corporation. (Attachments: # 1 Exhibit 1 - Unreported Case, # 2 Exhibit 2 - Unreported Case, # 3 Exhibit 3 - Unreported Case) (Hartzell, J.) (Entered: 04/07/2010) | |||
| 2010-04-27 | 29 | 0 | ORDER denying 24 Motion to Dismiss. Signed by Chief Judge Louise Wood Flanagan on 04/27/2010. Copies served electronically. (Baker, C.) (Entered: 04/27/2010) | |||
| 2010-04-30 | 30 | 0 | Rule 26(f) Report (joint) by First National Bank of Omaha. (Wicker, Julia) (Entered: 04/30/2010) | |||
| 2010-05-26 | 31 | 0 | ANSWER to 12 Amended Complaint by Federal Deposit Insurance Corporation. (Hartzell, J.) (Entered: 05/26/2010) | |||
| 2010-06-04 | 32 | 0 | Rule 26(f) Report (joint) by First National Bank of Omaha. (Webb, Camden) (Entered: 06/04/2010) | |||
| 2010-06-18 | 33 | 0 | CASE MANAGEMENT ORDER: Discovery due by 11/30/2010. Discovery in this case may be governed by a protective order. Motions due by 12/31/2010. Bench Trial set for that civil term of court commencing 5/16/2011 in New Bern - Courtroom before Chief Judge Louise Wood Flanagan. The court dispenses with requirementfor resort to any ADR procedure in this case. Signed by Chief Judge Louise Wood Flanagan on 06/18/2010. Copies served electronically. (Baker, C.) (Entered: 06/18/2010) | |||
| 2010-07-01 | 34 | 0 | MOTION for Summary Judgment by Federal Deposit Insurance Corporation. Responses due by 7/22/2010 (Hartzell, J.) (Entered: 07/01/2010) | |||
| 2010-07-01 | 35 | 0 | Memorandum in Support re 34 MOTION for Summary Judgment filed by Federal Deposit Insurance Corporation. (Attachments: # 1 Appendix 1, 12 USC sec. 1821(d)(11), # 2 Appendix 2, Uniform Customs and Practices for Documentary Credits, # 3 Affidavit Declaration of Jeffry M. Quick, # 4 Affidavit Declaration of Counsel) (Hartzell, J.) (Entered: 07/01/2010) | 2010-07-02 09:36:21 | 0902f78cad086f407396e9380c2e04bbe29b1847 | |
| 2010-07-01 | 36 | 0 | CERTIFICATE OF SERVICE by Federal Deposit Insurance Corporation re 34 MOTION for Summary Judgment, 35 Memorandum in Support, (Hartzell, J.) (Entered: 07/01/2010) |