Synovus Bank v. Rantzos et al
Filing
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MEMORANDUM OF DECISION AND ORDER granting 13 Motion to Dismiss; granting in part and denying in part 15 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. 1:11cv191
SYNOVUS BANK,
Plaintiff,
vs.
KOSTAS N. RANTZOS and
EMILY A. RANTZOS,
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 Third Party Defendant
Synovus Financial Corp.’s Motion to Dismiss Defendants’ Amended Third
Party Claims [Doc. 13] and the Plaintiff Synovus Bank’s Motion to Dismiss the
Defendants’ Amended Counterclaims [Doc. 15].
Also before this Court is the case of Synovus Bank v. Coleman, Case
No. 1:11cv66 (W.D.N.C.). The facts, legal issues and causes of action
asserted by the parties in the present matter are virtually identical to those in
Coleman and the same attorneys appear 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 be disposed of in accord therewith.
ORDER
IT IS, THEREFORE, ORDERED that the Third Party Defendant
Synovus Financial Corp.’s Motion to Dismiss Defendants’ Amended Third
Party Claims [Doc. 13] is GRANTED, and the Defendants’ 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 Defendants’ Amended Counterclaims [Doc. 15] 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
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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 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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