Deerborne Cottages, L.L.C. et al v. First Bank et al

Filing 41

ORDER approving 36 Memorandum and Recommendations; granting in part and denying in part 13 Motion to Dismiss; granting in part and denying in part 19 Motion to Dismiss; granting 21 Motion to Dismiss; granting in pa rt and denying in part 28 Motion to Dismiss. FURTHER ORDERED that the parties shall conduct an Initial Attorneys' Conference within 14 days of the entry of this Order and submit a Certificate of IAC within 7 days thereafter. Signed by District Judge Martin Reidinger on 5/18/2012. (pdf)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv178

DEERBORNE COTTAGES, LLC,
a North Carolina Limited Liability
Corporation, et al.,
Plaintiffs,
vs.
FIRST BANK, Successor to THE
BANK OF ASHEVILE, et al.,
Defendants.

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ORDER

THIS MATTER is before the Court on the Defendant Federal Deposit
Insurance Corporation’s Motion to Dismiss [Doc. 13]; Defendant G. Gordon
Greenwood’s Motion to Dismiss [Doc. 19]; Defendant First Bank’s Motion to
Dismiss [Doc. 21]; Defendant Raynia J. White’s Motion to Dismiss [Doc. 28];
and the Magistrate Judge’s Memorandum and Recommendation [Doc. 36]
regarding the disposition of these motions.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of Designation
of this Court, the Honorable Dennis L. Howell, United States Magistrate
Judge, was designated to consider the Defendants’ Motions to Dismiss and
to submit recommendations for their disposition.

On April 9, 2012, the Magistrate Judge filed a Memorandum and
Recommendation [Doc. 36] containing proposed conclusions of law in support
of a recommendation regarding the Defendants’ Motions. The parties were
advised that any objections to the Magistrate Judge's Memorandum and
Recommendation were to be filed in writing within fourteen (14) days of
service. The period within which to file objections has expired, and no written
objections to the Memorandum and Recommendation have been filed.
After a careful review of the Magistrate Judge's Recommendation [Doc.
36], the Court finds that the proposed conclusions of law are consistent with
current case law. Accordingly, the Court hereby ACCEPTS the Magistrate
Judge's Recommendation: (1) that the Motion to Dismiss filed by the Federal
Deposit Insurance Corporation be granted as to Counts One and Five, as well
as the claims for treble damages, and denied as to the remaining claims; (2)
that the Motions to Dismiss filed by G. Gordon Greenwood and Raynia J.
White be granted as to Count One and denied as to the remaining claims; and
(3) that the Motion to Dismiss filed by First Bank be granted and all the claims
asserted against First Bank dismissed.
IT IS, THEREFORE, ORDERED that
(1)

the Magistrate Judge’s Memorandum and Recommendation
[Doc. 36] is ACCEPTED;
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(2)

the Motion to Dismiss filed by the Federal Deposit
Insurance Corporation [Doc. 13] is GRANTED as to Counts
One and Five, as well as the claims for treble damages, and
DENIED as to the remaining claims;

(3)

the Motions to Dismiss filed by G. Gordon Greenwood [Doc.
19] and Raynia J. White [Doc. 28] are GRANTED as to
Count One and DENIED as to the remaining claims; and

(4)

the Motion to Dismiss filed by First Bank [Doc. 21] is
GRANTED and all the claims asserted in the Complaint
against First Bank are hereby DISMISSED.

IT IS FURTHER ORDERED that the parties shall conduct an Initial
Attorneys’ Conference within fourteen (14) days of the entry of this Order and
submit a Certificate of Initial Attorneys’ Conference within seven (7) days
thereafter.
IT IS SO ORDERED.
Signed: May 18, 2012

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