PNC BANK, NATIONAL ASSOCIATION v. BROADBENT et al

Filing 118

ORDER ADOPTING 112 REPORT AND RECOMMENDATIONS for 76 SEALED Motion to Set Aside Fraudulent Conveyances - Plaintiff's motion is DENIED without prejudice to be refiled as necessary following the additional procedures proposed by the Magistrate Judge. In addition, discovery shall proceed as recommended by the Magistrate Judge and subject to his supervision. Signed by Judge Tanya Walton Pratt on 9/6/2011.(JD)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION PNC BANK, NATIONAL ASSOCIATION, successor to NATIONAL CITY BANK,, Plaintiff, vs. GEORGE P. BROADBENT and THE SHOPPES OUTLOT, LP, Defendants, MARY C. BROADBENT, Garnishee-Defendant. ) ) ) ) ) ) ) ) ) ) ) ) 1:10-cv-0139-TWP-TAB ADOPTION ON REPORT AND RECOMMENDATION The Magistrate Judge submitted his Report and Recommendation on Plaintiff’s motion to avoid fraudulent transfers. [Docket No. 112.] Parties were afforded due opportunity pursuant to statute and the rules of this Court to file objections. The Court, having considered the Magistrate Judge’s Report and any objections, approves and adopts the Magistrate Judge’s Report and Recommendation. Accordingly, consistent with the ruling in the related case PNC Bank v. Broadbent, No. 1:10-cv-546-TWP-TAB [Docket No. 87], Plaintiff’s motion to set aside fraudulent conveyances [Docket No. 76] is denied without prejudice to be refiled as necessary following the additional procedures proposed by the Magistrate Judge. Specifically, (1) no new cause of action is required, (2) the garnishee-defendant’s right to a jury trial is recognized and preserved, subject to further proceedings, and (3) the garnishee-defendant need not respond to Plaintiff’s motion. In addition, discovery shall proceed as recommended by the Magistrate Judge and subject to his supervision. Dated: 09/06/2011 ________________________ Hon. Tanya Walton Pratt, Judge United States District Court Southern District of Indiana Copies to: Thomas C. Scherer Whitney L. Mosby Bingham McHale LLP tscherer@binghammchale.com wmosby@binghammchale.com Richard A. Kempf Steven C. Shockley Taft Stettinus & Hollister LLP rkempf@taftlaw.com sshockley@taftlaw.com 2

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