Bank of the Ozarks v. Barnes et al
| Georgia Northern District Court | |
| Judge: | Timothy C Batten, Sr |
| Case #: | 3:14-cv-00092 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | Jun 04, 2014 |
| Terminated: | Nov 21, 2014 |
| Last checked: Monday Jan 19, 2015 11:19 PM EST |
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Defendant
Lisa H. Barnes
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Represented By
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Defendant
Walter Hynes Barnes
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Represented By
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Plaintiff
Bank of the Ozarks
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Represented By
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| TERMINATED PARTIES | |
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Receiver
Joseph L. Briner
Terminated: 11/21/2014
10660 Tuxford Drive
Alpharetta, GA 30022 |
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| Docket last updated: 04/30/2024 11:59 PM EDT |
| Wednesday, October 27, 2021 | ||
| 26 | 26
misc
Withdrawal of Motion
Wed 10/27 1:17 PM
Withdrawal of Motion23 MOTION for Hearing re Writ Issued,17 Consent Judgment,,,, filed by Bank of the Ozarks filed by Bank of the Ozarks. (Kaplan, Michael) |
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| Tuesday, October 26, 2021 | ||
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4
pgs
order
Order on Motion for Hearing
Tue 10/26 2:08 PM
ORDER granting23 Motion for Hearing to show cause why the judgment dated 9/19/2014 should not be revived. Hearing set for 11/10/2021 at 10:30 AM in NEWN 3rd Floor Courtroom before Judge Timothy C. Batten Sr. Signed by Judge Timothy C. Batten, Sr. on 10/26/2021. (dmb) |
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| Thursday, September 16, 2021 | ||
| 24 | 24
respm
Response in Opposition to Motion
Thu 09/16 3:37 PM
RESPONSE in Opposition re23 MOTION for Hearing re Writ Issued,17 Consent Judgment,,,, filed by Lisa H. Barnes, Walter Hynes Barnes. (Gunby, Stephen) |
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| Tuesday, September 14, 2021 | ||
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utility
Submission to District Judge
Tue 09/14 1:58 PM
Submission of23 MOTION for Hearing re Writ Issued,17 Consent Judgment to District Judge Timothy C. Batten Sr. (dmb) |
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| Monday, August 23, 2021 | ||
| 23 | 23
motion
Hearing
Mon 08/23 1:19 PM
MOTION for Hearing re Writ Issued,17 Consent Judgment,,,, by Bank of the Ozarks.(Kaplan, Michael) |
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Att: 1
Text of Proposed Order
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| Friday, November 21, 2014 | ||
| 22 | 22
ORDER DISCHARGING Receiver, TERMINATING Receivership and CLOSING case. Signed by Judge Timothy C. Batten, Sr on 11/21/14. (jlm)
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| Civil Case Terminated. (jlm) | ||
| Tuesday, November 18, 2014 | ||
| 21 | 21
STATUS REPORT and MOTION TO TERMINATE RECEIVERSHIP by Bank of the Ozarks.(Richard, John) Modified on 11/18/2014 (jlm).
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| Monday, September 29, 2014 | ||
| 20 | 20
Certified Mail Returned Receipt re Issed Writ. (jlm)
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| Wednesday, September 24, 2014 | ||
| 19 | 19
APPLICATION for Writ of Execution (Proposed) by Bank of the Ozarks. (Richard, John)
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| WRIT of Execution issued in the amount of $1,442,495.26 as to Note 1 only. (jlm) | ||
| Clerks Certificate of Mailing via certified mail to attorney John J. Richard re Issued Writ as to Note 1 only. (jlm) | ||
| Friday, September 19, 2014 | ||
| 17 | 17
CONSENT FINAL JUDGMENT as to "Note No. 1". Judgment is entered in favor of the plaintiff and against Hynes Barnes in the amount of $1,062,314.48 as of 9/15/14, plus accrued and unpaid interest of $187,935.18 as of 9/15/14, with default interest continuing to accrue at the rate of $472.14 per diem from 9/16/14, until the date of judgment, plus late charges of $3,291.73, plus contractual and statutory attorneys' fees in the amount of $187,537.45, with post-judgment interest to accrue at the rate provided by federal law, and waives the time restrictions of Fed. R. Civ. P. 62(a) as to Note No. 1. In accordance with Fed. R. Civ. P. 54(b), the Court concludes that there is no just reason for delay in entering final judgment against Defendant Hynes Barnes on Note No. 1. Therefore, the CLERK is hereby DIRECTED to enter final judgment against Defendant Hynes Barnes on Note No. 1 in the amounts stated above and to issue a writ of execution instanter. Plaintiff is hereby ordered to file a status report regarding the receivership within sixty days of the entry of this Judgment. Signed by Judge Timothy C. Batten, Sr on 9/19/14. (rsh)
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| Clerks Certificate of Mailing as to Joseph L. Briner re17 Consent Final Judgment (rsh) | ||
| Thursday, September 18, 2014 | ||
| 16 | 16
PROPOSED CONSENT ORDER of final judgment. (Richard, John)
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| Tuesday, September 02, 2014 | ||
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CONSENT FINAL JUDGMENT as to "Note No.2". Judgment is entered in favor of plaintiff against defendants Hynes Barnes and Lisa Barnes, jointly and severally in the principal amount of $147,965.01 as of 8/4/14, plus accrued and unpaid interest of 19,396.13 as of 8/4/14 with default interest continuing to accrue at the rate of $65.76 per diem from 8/5/14 until date of judgment, plus late charges of $847.44 and attorney fees in the amount of $25,104.18, with post-judgment interest to accrue at the rate of.11% as provided by federal law, and waives the time restrictions of Fed. R. Civ. P. 62(a)as to Note No. 2. Signed by Judge Timothy C. Batten, Sr on 9/2/14. (jlm)
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| Wednesday, August 27, 2014 | ||
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PROPOSED CONSENT ORDER of final judgment as to certain enumerated counts of Plaintiff's complaint. (Richard, John)
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| Monday, August 04, 2014 | ||
| 13 | 13
SCHEDULING ORDER: re:11 Joint Preliminary Report and Discovery Plan Signed by Judge Timothy C. Batten, Sr on 8/4/14. (jlm)
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| Friday, July 25, 2014 | ||
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CERTIFICATE OF SERVICE of Discovery (Rule 26.3) by Bank of the Ozarks.(Boyle, Donald)
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| Thursday, July 24, 2014 | ||
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JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Bank of the Ozarks. (Richard, John)
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| Thursday, June 26, 2014 | ||
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ANSWER to1 COMPLAINT with Jury Demand by Lisa H. Barnes, Walter Hynes Barnes. Discovery ends on 11/24/2014.(Gunby, Stephen) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
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| 9 | 9
ORDER APPOINTING Joseph L. Briner as Receiver for the Property described in Exhibit A to this Order. (See Order for specifics). Signed by Judge Timothy C. Batten, Sr on 6/26/14. (jlm)
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| Clerks Certificate of Mailing as to Joseph L. Briner re9 Order on Motion to Appoint Receiver. (jlm) | ||
| Wednesday, June 11, 2014 | ||
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Return of Service Executed by Bank of the Ozarks. Walter Hynes Barnes served on 6/5/2014, answer due 6/26/2014. (Richard, John)
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Amended Return of Service Executed by Bank of the Ozarks. Lisa H. Barnes served on 6/5/2014, answer due 6/26/2014. (Richard, John) Modified on 6/11/2014 (jlm).
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| Tuesday, June 10, 2014 | ||
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Return of Service Executed by Bank of the Ozarks. Lisa H. Barnes served on 6/6/2014, answer due 6/27/2014. (Richard, John)
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| Monday, June 09, 2014 | ||
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Instructions to Parties and Counsel. Signed by Judge Timothy C. Batten, Sr on 6/9/14. (rsh)
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| Clerks Notation re3 Certificate of Interested Persons reviewed by TCB. (jgs) | ||
| Thursday, June 05, 2014 | ||
| 4 | 4
MOTION to Appoint Receiver and Request for Expedited Treatment with Brief In Support by Bank of the Ozarks.(Richard, John)
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Att: 1
Brief Brief in Support of Motion,
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Att: 2
Exhibit A-B,
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Att: 3
Exhibit C#1,
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Att: 4
Exhibit C#2,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F
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| 3 | 3
Certificate of Interested Persons and Corporate Disclosure Statement by Bank of the Ozarks identifying Corporate Parent Bank of the Ozarks, Inc. for Bank of the Ozarks. (Richard, John)
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| 2 | 2
Electronic Summons Issued as to Walter Hynes Barnes and(rsh)
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Att: 1
Summons - Lisa H. Barnes
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| Wednesday, June 04, 2014 | ||
| 1 | 1
VERIFIED COMPLAINT AND PETITION FOR THE APPOINTMENT OF A RECEIVER filed by Bank of the Ozarks. Filing fee $400 receipt number 113E-5221425.(rsh) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form.
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Att: 1
Verification,
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Att: 2
Exhs A - K,
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Att: 3
Exhs L - U,
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Att: 4
Exh V1,
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Att: 5
Exh V2,
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Att: 6
Exh V3,
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Att: 7
Exh V4,
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Att: 8
Exh V5,
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Att: 9
Exhs W - Y,
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Att: 10
Civil Cover Sheet
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