Synovus Bank v. Maurer

Filing 65

MEMORANDUM OF DECISION AND ORDER granting 54 Motion to Dismiss; granting in part and denying in part 56 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. (Pro se litigant served by US Mail with this order & Coleman Order.)(ejb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv68

SYNOVUS BANK,
Plaintiff,
vs.
JUDSON MAURER,
Defendant/
Third-Party Plaintiff,
vs.
SYNOVUS FINANCIAL CORP. d/b/a
NATIONAL BANK OF SOUTH
CAROLINA, et al.,
Third-Party Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

MEMORANDUM OF
DECISION AND ORDER

THIS MATTER is before the Court on the Third Party Defendant
Synovus Financial Corp.’s Motion to Dismiss Defendants’ Second Amended
Third Party Claims [Doc. 54] and the Plaintiff Synovus Bank’s Motion to
Dismiss the Defendants’ Second Amended Counterclaims [Doc. 56].
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 represented the parties
in both cases.1 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 Third Party Defendant
Synovus Financial Corp.’s Motion to Dismiss Defendant’s Second Amended
Third Party Claims [Doc. 54] is GRANTED, and the Defendant’s Second
Amended Third Party Claims against Synovus Financial Corp. are hereby
DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Plaintiff Synovus Bank’s Motion to
Dismiss the Defendant’s Second Amended Counterclaims [Doc. 56] is
GRANTED IN PART and DENIED IN PART. Specifically, the Bank’s Motion

1

Following the close of briefing on the present Motions to Dismiss, Defendant
Maurer’s attorneys were permitted to withdraw as attorneys of record in this case. [Doc.
63]. Defendant Maurer proceeds in this matter pro se. [See Doc. 64].
2

to Dismiss the Defendant’s ILSA claim is DENIED. In all other respects, the
Bank’s Motion to Dismiss is GRANTED, and all of the Defendant’s
counterclaims, with the exception of his ILSA claim, are 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 FURTHER ORDERED that the Clerk is directed to mail to
Defendant Maurer, via first class mail, a copy of this order along with a copy
of the contemporaneous order in Coleman that has been incorporated herein.
IT IS SO ORDERED.
Signed: August 15, 2012

3