Synovus Bank v. Kimmel et al
Filing
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MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 35 Motion to Dismiss; granting 36 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
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv35
SYNOVUS BANK,
Plaintiff,
vs.
CHARLES KIMMEL,
JEREMY KIMMEL, JAY LURIE, and
ELIZABETH POST,
Defendants/
Third-Party Plaintiffs,
vs.
SYNOVUS FINANCIAL CORP. d/b/a
NATIONAL BANK OF SOUTH
CAROLINA, et al.,
Third-Party Defendants.
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MEMORANDUM OF
DECISION AND ORDER
THIS MATTER is before the Court on the Plaintiff Synovus Bank’s
Motion to Dismiss the Defendants’ Second Amended Counterclaims [Doc. 35]
and the Third Party Defendant Synovus Financial Corp.’s Motion to Dismiss
Defendants’ Second Amended Third Party Claims [Doc. 36].
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 attorneys represent 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.
ORDER
IT IS, THEREFORE, ORDERED that the Plaintiff Synovus Bank’s
Motion to Dismiss the Defendants’ Second Amended Counterclaims [Doc. 35]
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 Defendants’ Second Amended Third Party
2
Claims [Doc. 36] is GRANTED, and the Defendants’ Second Amended 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
thereafter.
IT IS SO ORDERED.
Signed: August 15, 2012
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