PNC BANK, NATIONAL ASSOCIATION v. BROADBENT

Filing 93

ORDER ADOPTING 87 REPORT AND RECOMMENDATIONS for 52 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)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
PNC BANK, NATIONAL ASSOCIATION,
successor to NATIONAL CITY BANK,,
Plaintiff,
vs.
GEORGE P. BROADBENT,
Defendant,
MARY C. BROADBENT,
Garnishee-Defendant.

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1:10-cv-0546-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. 87.] 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, Plaintiff’s motion to set aside fraudulent conveyances [Docket
No. 52] 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
[e-mail]
[e-mail]
Richard A. Kempf
Steven C. Shockley
Taft Stettinus & Hollister LLP
[e-mail]
[e-mail]

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