Case: Cooley v. Sterling Bank

U.S. Court of Appeals for the Eleventh Circuit

DEMAND for jury trial by Nash J. Cooley (vmc) (Entered: 09/25/2002)

SUMMONS issued for Sterling Bank; summons and complaint mailed by cmrrr to named dft (vmc) (Entered: 09/26/2002)

NOTICE of Assignment to a United States Magistrate Judge sent to Counsel for Nash J. Cooley. (vmc)

file referred to Judge McPherson (vmc)

RETURN RECEIPT CARD showing service of summons and complaint on Laura Keener on 9/27/02 for Sterling Bank . Answer due on 10/17/02 for Sterling Bank (vmc) (Entered: 09/30/2002)

file referred to Judge Walker (vmc)

NOTICE of Attorney Appearance for Sterling Bank by Philip Keith Lichtman, Dennis R. Bailey (vmc) (Entered: 10/16/2002)

MOTION by Sterling Bank for Extension of Time to respond to complaint referred to Mag. Judge Susan R. Walker (vmc) (Entered: 10/16/2002)

NOTICE of Assignment to a United States Magistrate Judge sent to Counsel for Sterling Bank . (vmc)

Stamped ORDER granting [5-1] motion for Extension of Time to respond to complaint reset Answer deadline to 10/23/02 for Sterling Bank ( by Mag. Judge Susan R. Walker ), copies provided to counsel. (vmc) (Entered: 10/17/2002)

NOTICE of Attorney Appearance for Sterling Bank by Robert Charles Ward Jr. (vmc) (Entered: 10/23/2002)

CASE reassigned to Judge W. H. Albritton III (vmc)

REFERRAL JUDGE assigned to Mag. Judge Susan R. Walker (vmc)

ANSWER to Complaint by Sterling Bank, referred to Judge W. H. Albritton III (vmc) (Entered: 10/24/2002)

file referred to Judge Albritton (vmc)

ORDER that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than 11/7/02 Planning Meeting report due on 11/7/02 ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 10/24/2002)

Rule 26(f) REPORT; referred to Judge Albritton (vmc) (Entered: 11/08/2002)

SCHEDULING ORDER setting Pretrial Conference for 9/9/03 before Judge W. H. Albritton III Motion Filing deadline on 6/12/03 ; Discovery cutoff 8/4/03 ; jury trial set for 10/20/03 before Judge W. H. Albritton III; set amended pleading deadline for 1/12/03 for the plaintiff and 2/16/03 for the dft ( signed by Judge W. H. Albritton III ), copies provided to counsel; furn: yg war el md. (vmc) (Entered: 11/12/2002)

ORDER reset Jury Trial 10/27/03 before Judge W. H. Albritton III ( signed by Judge W. H. Albritton III ), copies provided to counsel; furn: el hc yg. (vmc) (Entered: 12/20/2002)

ORDER granting [13-1] motion to Amend [1-1] complaint ( signed by Judge W. H. Albritton III), copies provided to counsel. (vmc) (Entered: 02/03/2003)

AMENDED COMPLAINT by Nash J. Cooley against Synovus Financial, FDIC amending [1-1] complaint; jury demand; (vmc) (Entered: 02/03/2003)

SUMMONS issued for Synovus Financial, FDIC; summons and amended complaint mailed by cmrrr to named dfts (vmc) (Entered: 02/03/2003)

RETURN RECEIPT CARD showing service of summons and amended complaint on Fred Harris on 2/7/03 for Synovus Financial. Answer due on 2/27/03 for Synovus Financial (vmc) (Entered: 02/13/2003)

Response/ANSWER by Sterling Bank to amended complaint referred to Judge W. H. Albritton III (vmc) (Entered: 02/18/2003)

Response/ANSWER by Synovus Financial (Attorney Dennis R. Bailey, Robert Charles Ward Jr., Philip Keith Lichtman) to amended complaint referred to Judge W. H. Albritton III (vmc) (Entered: 02/26/2003)

MOTION by FDIC to Dismiss ; (w/proposed order attached) referred to Judge W. H. Albritton III (vmc) (Entered: 03/11/2003)

MEMORANDUM by FDIC in support of [20-1] motion to Dismiss by FDIC referred to Judge W. H. Albritton III (vmc) (Entered: 03/12/2003)

ORDER TO SHOW CAUSE as to why dft's FDIC's motion to dismiss should not be granted: Response to Order to Show Cause due on 4/2/03 for Nash J. Cooley set reply brief deadline for 4/9/03 for FDIC [20-1] motion to Dismiss by FDIC set for submission on 4/9/03 ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 03/12/2003)

RESPONSE by Nash J. Cooley to [20-1] motion to Dismiss by FDIC referred to Judge W. H. Albritton III (vmc) (Entered: 04/07/2003)

MOTION by Nash J. Cooley for Extension of Time to name experts referred to Judge W. H. Albritton III (vmc) (Entered: 04/08/2003)

Stamped ORDER granting [20-1] motion to Dismiss ( by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 04/08/2003)

Stamped ORDER granting [23-1] motion to Amend [1-1] complaint ( by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 04/08/2003)

Second AMENDED COMPLAINT by Nash J. Cooley amending [1-1] complaint; jury demand (vmc) (Entered: 04/08/2003)

Stamped ORDER granting [24-1] motion for Extension of Time to name experts ( by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 04/08/2003)

MOTION by Sterling Bank, Synovus Financial to Strike expert testimony ; (w/attach) referred to Judge W. H. Albritton III (vmc) (Entered: 04/18/2003)

ORDER TO SHOW CAUSE as to why dft's motion to strike expert testimony should not be granted: Response to Order to Show Cause due on 4/28/03 for Nash J. Cooley ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 04/22/2003)

MOTION by Sterling Bank for P. Keith Lichtman to Withdraw as counsel for defendant referred to Judge W. H. Albritton III (vmc) (Entered: 04/28/2003)

RESPONSE by Nash J. Cooley to [29-1] motion to Strike expert testimony by Synovus Financial, Sterling Bank referred to Judge W. H. Albritton III (vmc) (Entered: 04/29/2003)

ORDER set reply brief deadline for 5/9/03 for Synovus Financial, for Sterling Bank ; Counsel should attempt to resolve this matter by agreement, if possible, before the filing of the reply ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 05/02/2003)

Stamped ORDER granting [31-1] motion for P. Keith Lichtman to Withdraw as counsel for defendant (Terminated P. Keith Lichtman) ( by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 05/02/2003)

NOTICE of Resolution of Matter by Agreement by Sterling Bank, Synovus Financial; (w/attachments) referred to Judge Albritton (vmc) Modified on 05/07/2003 (Entered: 05/07/2003)

ORDER extending deadline for defendant to exchange expert witness information by five days; denying as moot [29-1] motion to Strike expert testimony (signed by Judge W. H. Albritton III), copies provided to counsel. (ajr) (Entered: 05/08/2003)

NOTICE of Attorney Appearance for Nash J. Cooley by Greg L. Davis (vmc) (Entered: 05/15/2003)

NOTICE of Attorney Appearance for Sterling Bank, Synovus Financial by R. Austin Huffaker Jr. (vmc) (Entered: 06/10/2003)

OBJECTION by Sterling Bank, Synovus Financial to Plaintiff's Exhibit List; (w/attachments) referred to Judge W. H. Albritton III (vmc) (Entered: 06/10/2003)

MOTION by Sterling Bank, Synovus Financial for Summary Judgment [EXHIBITS A-F maintained in separate binder]; referred to Judge W. H. Albritton III (vmc) (Entered: 06/10/2003)

BRIEF by Sterling Bank, Synovus Financial in support of [40-1] motion for Summary Judgment referred to Judge W. H. Albritton III (vmc) (Entered: 06/10/2003)

ORDER [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank set for submission on 7/8/03 set Brief deadline to 7/1/03, set reply brief deadline for 7/8/03 for Synovus Financial, for Sterling Bank ( signed by Judge W. H. Albritton III ), copies provided to counsel . (vmc) (Entered: 06/10/2003)

MOTION by Nash J. Cooley for Extension of Time to file its respsonse to dfts' motion for summary judgment referred to Judge W. H. Albritton III (vmc) (Entered: 06/18/2003)

MOTION by Nash J. Cooley to Compel referred to Mag. Judge Susan R. Walker (vmc) (Entered: 06/18/2003)

ORDER Defendants' Response to Motion set to 7/7/03 for [44-1] motion to Compel ( signed by Mag. Judge Susan R. Walker ), copies provided to counsel. (vmc) (Entered: 06/19/2003)

Exhibit list by Sterling Bank; referred to Judge Albritton (vmc) (Entered: 06/19/2003)

ORDER setting Telephone Conference for 10:00 6/24/03 before Mag. Judge Susan R. Walker (signed by Mag. Judge Susan R. Walker), copies provided to counsel, JT, HC, YG. (ajr) (Entered: 06/23/2003)

ORDER as follows: 1) That the subject info sought and referred to in pla's motion to compel contains certain confidential information and the parties have shown good cause for the issuance of a protective order governing the requested info; 2) that Sterling Bank is to produce to pla documents from every Sterling Bank in Mont., AL pertaining to unsecured loan applications of $100,000.00 as further set out in order ( signed by Mag. Judge Susan R. Walker ), copies provided to counsel. (vmc) (Entered: 06/27/2003)

PROTECTIVE ORDER that the following procedures and provisions shall govern pla anddfts for material info produced in this action, as set forth as further set out in order ( signed by Mag. Judge Susan R. Walker ), copies provided to counsel. (vmc) (Entered: 06/27/2003)

ORDER granting [43-1] motion for Extension of Time to file its respsonse to dfts' motion for summary judgment Plaintiff's Response to Motion reset to 7/18/03 for [40-1] motion for Summary Judgment, reset reply brief deadline for 7/25/03 for Synovus Financial, for Sterling Bank [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank set for submission on 7/25/03 ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 07/08/2003)

MOTION by Nash J. Cooley for extension of time to respond to defendant's motion for summary judgment referred to Judge W. H. Albritton III (djy) (Entered: 07/16/2003)

ORDER granting [51-1] motion for extension of time to respond to defendant's motion for summary judgment Response to Motion reset to 8/1/03 for [40-1] motion for Summary Judgment, reset reply brief deadline for 8/8/03 for Synovus Financial, for Sterling Bank [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank set for submission on 8/8/03 ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 07/17/2003)

MOTION by Nash J. Cooley for extension of time to file plaintiff's response to defendants' motion for summary judgment referred to Judge W. H. Albritton III (vmc) (Entered: 07/28/2003)

MOTION by Nash J. Cooley to determine whether plaintiff should have topay defendants' attorney fees for producing discovery documents referred to Judge W. H. Albritton III (vmc) (Entered: 07/28/2003)

Stamped ORDER granting [53-1] motion for extension of time to file plaintiff's response to defendants' motion for summary judgment Plaintiff's Response to Motion reset to 8/11/03 for [40-1] motion for Summary Judgment ( by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 07/28/2003)

** Renoticed document [55-2] order (did not pick parties) (vmc)

Motion(s) referred to Mag. Judge Susan R. Walker : [54-1] motion to determine whether plaintiff should have to pay defendants' attorney fees for producing discovery documents (vmc)

ORDER directing the defendants to file a response; Response to Motion set to 8/15/03 for [54-1] motion to determine whether plaintiff should have to pay defendants' attorney fees ( signed by Mag. Judge Susan R. Walker ), copies provided to counsel. (cc) (Entered: 08/06/2003)

ORDER set Scheduling Order Deadlines: Pretrial Conference for 11:00 9/9/03 before Judge W. H. Albritton III ; Proposed Pretrial Order due 9/5/03 ; Jury Trial set for 10/27/03 before Judge W. H. Albritton III ; ( signed by Judge W. H. Albritton III ), copies provided to counsel; furn: yg hc war el. (vmc) (Entered: 08/11/2003)

MOTION by Sterling Bank, Synovus Financial for Extension of Time to file dft's reply to pla's response to dft's motion for summary jgm. referred to Judge W. H. Albritton III (vmc) (Entered: 08/12/2003)

MOTION by Nash J. Cooley to Strike the affidavit of F.J. Smyser referred to Judge W. H. Albritton III (vmc) (Entered: 08/12/2003)

RESPONSE by Nash J. Cooley to [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank; (w/attachments) referred to Judge W. H. Albritton III (vmc) (Entered: 08/12/2003)

RESPONSE by Nash J. Cooley to [40-1] motion for Summary Judgment by Synovus Financial, Sterling Bank; [EXHIBITS MAINTAINED IN SEPARATE BINDER Vol.1 and Vol. 2] referred to Judge W. H. Albritton III (vmc) Modified on 08/12/2003 (Entered: 08/12/2003)

Stamped ORDER granting [58-1] motion for Extension of Time to file dft's reply to pla's response to dft's motion for summary jgm. reset reply brief deadline for 8/18/03 for Synovus Financial, for Sterling Bank ( by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 08/12/2003)

RESPONSE by Sterling Bank, Synovus Financial to [54-1] motion to determine whether plaintiff should have topay defendants' attorney fees for producing discovery documents by Nash J. Cooley (w/attachments) referred to Judge W. H. Albritton III (vmc) Modified on 08/14/2003 (Entered: 08/14/2003)

MOTION by Nash J. Cooley to substitute original copy ; (w/attachments) referred to Judge W. H. Albritton III (vmc) (Entered: 08/18/2003)

ORDER granting [64-1] motion to substitute original copy ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 08/18/2003)

Reply EVIDENTIARY SUBMISSION by Sterling Bank, Synovus Financial in support of [40-1] motion for Summary Judgment [EXHIBIT G - Volume 1, 2, & 3; EXHIBITS H-M MAINTAINED IN SEPARATE BINDERS] referred to Judge W. H. Albritton III . (vmc) (Entered: 08/19/2003)

REPLY by Nash J. Cooley to [63-1] motion response by Synovus Financial, Sterling Bank referred to Judge W. H. Albritton III (vmc) (Entered: 08/19/2003)

REPLY by Sterling Bank, Synovus Financial to [67-1] brief reply by Nash J. Cooley referred to Judge W. H. Albritton III (vmc) (Entered: 08/19/2003)

MOTION by Sterling Bank, Synovus Financial to Strike legal conclusions asserted by the "expert" for the pla in opposition to the motion for sum. jgm; and strike legal conclusions or factual conclusions asserted by lay witness Greg Calhoun, etc. ; (w/attachments) referred to Judge W. H. Albritton III (vmc) (Entered: 08/19/2003)

Supplemental REPLY by Nash J. Cooley to [68-1] brief reply by Synovus Financial, Sterling Bank referred to Judge W. H. Albritton III (vmc) (Entered: 08/21/2003)

MOTION by Nash J. Cooley to Strike the affidavit of Robert R. Ramsey referred to Judge W. H. Albritton III (vmc) (Entered: 08/28/2003)

MEMORANDUM OPINION AND ORDER (1) denying as moot [59-1] motion to Strike the affidavit of F.J. Smyser; denying as moot [71-1] motion to Strike the affidavit of Robert R. Ramsey; 2) granting [69-1] motion to Strike legal conclusions, etc. with respect to the statements made by Gregory Calhoun that are not based on his personal knowledge, and the statements made by Charles L. "Rusty" Williams that amount to conclusions of law; In all other respects, the motion is denied as moot; 3) granting [40-1] motion for Summary Judgment as to all of the plaintiff's claims; 4) Final Judgment will be entered in favor of the defendants ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 09/04/2003)

FINAL JUDGMENT that Judgment is hereby entered in favor of defendants Sterling Bank and Synovus Financial Corporation of AL, and against plaintiff Nash J. Cooley; Costs are taxed against the plaintiff ( signed by Judge W. H. Albritton III ), copies provided to counsel. (vmc) (Entered: 09/04/2003)

Case closed (vmc)

NOTICE OF APPEAL to the United States Court of Appeals, Eleventh Circuit by Nash J. Cooley from the final judgment entered in this action on September 4, 2003. FILING FEE $ 105.00 RECEIPT # 98970; Copies Provided (kcg) (Entered: 09/16/2003)

Notice of Appeal and certified copy of docket to USCA: [74-1] appeal by Nash J. Cooley (kcg)

USCA Case Number Re: [74-1] appeal by Nash J. Cooley USCA NUMBER: 03-14727-FF (kcg)

Bill of costs (w/attachments) in the amount of $ 3,830.85 entered by Sterling Bank, Synovus Financial (vmc) (Entered: 09/26/2003)

Costs $ 3,830.85 taxed for Sterling Bank, Synovus Financial (vmc)

CERTIFICATE OF READINESS of record on appeal mailed to USCA, 11th Circuit and counsel: [74-1] appeal by Nash J. Cooley (ydw)

REQUEST for Record On Appeal from USCA re: [74-1] appeal by Nash J. Cooley (ydw)

Certified and transmitted Record on Appeal to U.S. Court of Appeals: [74-1] appeal by Nash J. Cooley (ydw)

ACKNOWLEDGEMENT of RECEIPT of RECORD ON APPEAL from USCA Re: [74-1] appeal by Nash J. Cooley USCA Number: 03-14727-FF (ydw)

Per Curiam Opinion received from USCA Eleventh Circuit of Opinion Entered on July 16, 2004. AFFIRMED (ydw, ) (Entered: 08/18/2004)

USCA JUDGMENT issued as MANDATE on 8/17/04 as to 03-14727-FF, 74 Notice of Appeal filed by Nash J. Cooley; AFFIRMING the District Court's decision (ydw, ) (Entered: 08/18/2004)

BILL OF COSTS in the amount of $78.30 by Sterling Bank, Synovus Financial Corp. of Alabama. (ydw, ) (Entered: 08/18/2004)

Appeal Record (consisting of one box of exhibits and one volume of pleading) Returned from USCA: re: 03-14727-FF, 74 Notice of Appeal. There is no pdf document with this entry (ydw, )