Synovus Bank v. Holmlund et al
MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 5 Motion to Dismiss; granting 6 Motion to Dismiss; parties to conduct an initial attorneys' conference within 14 days. (SEE ORDER FOR DETAILS). Signed by District Judge Martin Reidinger on 8/15/12. (ejb)
THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CIVIL CASE NO. 1:11cv328
THOMAS ROBERT HOLMLUND and
SYNOVUS FINANCIAL CORP. d/b/a
NATIONAL BANK OF SOUTH
CAROLINA, et al.,
DECISION AND ORDER
THIS MATTER is before the Court on the Plaintiff Synovus Bank’s
Motion to Dismiss Counterclaims [Doc. 5] and the Third Party Defendant
Synovus Financial Corp.’s Motion to Dismiss Third Party Claims [Doc. 6].
Also pending before the Court is the case of Synovus Bank v. Coleman,
Civil Case No. 1:11cv66 (W.D.N.C.). The facts, legal issues, and causes of
action asserted by the parties in the present case are virtually identical to
those presented in Coleman, and the same attorney represents the
Defendants in both cases.
Even though the cases have not been
consolidated, the decision of this Court in the Order being entered
contemporaneously herewith in Coleman addresses and disposes of all of the
issues raised by the motions currently before the Court in this matter. The
Order in Coleman, therefore, is incorporated herein, and the current motions
will disposed of in accord therewith.
IT IS, THEREFORE, ORDERED that the Plaintiff Synovus Bank’s
Motion to Dismiss Counterclaims [Doc. 5] is GRANTED IN PART and
DENIED IN PART. Specifically, the Bank’s Motion to Dismiss the Defendants’
ILSA claim is DENIED. In all other respects, the Bank’s Motion to Dismiss is
GRANTED, and all of the Defendants’ counterclaims, with the exception of
their ILSA claim, are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Third Party Defendant Synovus
Financial Corp.’s Motion to Dismiss Third Party Claims [Doc. 6] is GRANTED,
and the Defendants’ Third Party Claims against Synovus Financial Corp. are
hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the parties shall conduct an initial
attorneys’ conference within fourteen (14) days of the entry of this Order and
shall file a Certificate of Initial Attorneys’ Conference within seven (7) days
IT IS SO ORDERED.
Signed: August 15, 2012