Synovus Bank v. McDonough et al
Filing
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MEMORANDUM OF DECISION AND ORDER granting in part and denying in part 8 Motion to Dismiss; granting 9 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. 1:11cv329
SYNOVUS BANK,
Plaintiff,
vs.
CHRISTOPHER McDONOUGH and
MONALISA McDONOUGH,
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 Counterclaims [Doc. 8] and the Third Party Defendant
Synovus Financial Corp.’s Motion to Dismiss Third Party Claims [Doc. 9].
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 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 be disposed of in accord
therewith.
ORDER
IT IS, THEREFORE, ORDERED that the Plaintiff Synovus Bank’s
Motion to Dismiss Counterclaims [Doc. 8] 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 the
aforementioned ILSA claim, are DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that the Third Party Defendant Synovus
Financial Corp.’s Motion to Dismiss Third Party Claims [Doc. 9] is GRANTED,
and the Defendants’ Third Party Claims against Synovus Financial Corp. are
hereby DISMISSED WITH PREJUDICE.
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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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