SPORT & WHEAT CPA PA v. SERVISFIRST BANK INC. (3:20-cv-05425)

COMPLAINT VERIFIED EMERGENCY CLASS ACTION FOR INTER ALIA DECLARATORY AND INJUNCTIVE RELIEF against 1-100 DOES, SERVISFIRST BANK INC., Synovus Trust Company, National Association ( Filing fee $ 400 receipt number AFLNDC-5132174.), filed by Sport & Wheat CPA PA. (WIRT, JOHN) (Entered: 04/26/2020)

Corporate Disclosure Statement/Certificate of Interested Persons by Sport & Wheat CPA PA. (WIRT, JOHN) (Entered: 04/26/2020)

DOCKET ANNOTATION BY COURT: The parties in the above-referenced case were added to the docket incorrectly and will be corrected by the clerk. Party names are to be entered in all caps and without punctuation. For future reference: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or chapter 10 of the "CM/ECF Attorney User's Guide," available at www.flnd.uscourts.gov. (mb) (Entered: 04/27/2020)

NOTICE of Appearance by WILLIAM FRANKLIN CASH, III on behalf of SPORT & WHEAT CPA PA (CASH, WILLIAM) (Entered: 05/06/2020)

NOTICE of Appearance by VIRGINIA M BUCHANAN on behalf of SPORT & WHEAT CPA PA (BUCHANAN, VIRGINIA) (Entered: 05/06/2020)

MOTION to Appear Pro Hac Vice by Paul J. Nathanson.( Filing fee $ 201 receipt number AFLNDC-5213306.) by SYNOVUS TRUST COMPANY, NATIONAL ASSOCIATION. (Attachments: # 1 Exhibit Certificate of Good Standing) (NATHANSON, PAUL) (Entered: 05/14/2020)

Corporate Disclosure Statement/Certificate of Interested Persons by SYNOVUS TRUST COMPANY, NATIONAL ASSOCIATION identifying Corporate Parent Synovus Financial Corp. for SYNOVUS TRUST COMPANY, NATIONAL ASSOCIATION.. (NATHANSON, PAUL) (Entered: 05/15/2020)

NOTICE of Appearance by PHILIP A BATES on behalf of SYNOVUS TRUST COMPANY, NATIONAL ASSOCIATION (BATES, PHILIP) (Entered: 05/18/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 15 Notice of Appearance (please see proposed ISO). (mb)

First MOTION to Appear Pro Hac Vice by Ramsey B. Prather.( Filing fee $ 201 receipt number AFLNDC-5235186.) by SYNOVUS TRUST COMPANY, NATIONAL ASSOCIATION. (Attachments: # 1 Certificate of Good Standing) (PRATHER, RAMSEY) (Entered: 05/19/2020)

First MOTION to Appear Pro Hac Vice by James E. Butler, Jr..( Filing fee $ 201 receipt number AFLNDC-5240461.) by SYNOVUS TRUST COMPANY, NATIONAL ASSOCIATION. (Attachments: # 1 Certificate of Good Standing) (BUTLER, JAMES) (Entered: 05/20/2020)

ORDER granting 17 Motion to Appear Pro Hac Vice. Attorney Ramsey B. Prather is authorized to appear pro hac vice for Defendant Synovus Trust Co., N.A. (Appointed RAMSEY PRATHER for SYNOVUS TRUST COMPANY, NATIONAL ASSOCIATION). Signed by JUDGE T KENT WETHERELL II on 5/20/2020. (mb) (Entered: 05/20/2020)

ORDER - That the 18 Motion to Appear Pro Hac Vice is GRANTED. Attorney James E. Butler, Jr., is authorized to appear pro hac vice for Defendant Synovus Trust Co., N.A. Signed by JUDGE T KENT WETHERELL II on 5/21/2020. (mb) (Entered: 05/21/2020)

ORDER - That Defendant Synovus Trust Company's motion to dismiss (Doc. 14 ) is DENIED as moot, and Defendants shall respond to the amended complaint within 14 days of the date of this Order (for Defendants who have been served) or within the time prescribed by Fed. R. Civ. P. 12(a) (for Defendants who have yet to be served). (Internal deadline for referral to judge if response not filed earlier: 6/11/2020).) Signed by JUDGE T KENT WETHERELL II on 5/28/2020. (mb) (Entered: 05/28/2020)

REQUEST FOR CLERK OF COURT TO ISSUE SUMMONS by SPORT & WHEAT CPA PA. (CASH, WILLIAM) (Entered: 05/28/2020)

Corporate Disclosure Statement/Certificate of Interested Persons by TRUIST BANK identifying Corporate Parent Truist Financial Corporation for TRUIST BANK.. (ROTTMANN, EMILY) (Entered: 06/01/2020)

NOTICE of Appearance by PAUL J NATHANSON on behalf of SYNOVUS BANK (NATHANSON, PAUL) (Entered: 06/01/2020)

MOTION to Extend Time (Corrected) (Unopposed) for An Extension of time to Respond to the Amended Complaint by SERVISFIRST BANK INC.. (MATTHEWS, LOGAN) (Entered: 06/01/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 30 MOTION to Extend Time (Corrected) (Unopposed) for An Extension of time to Respond to the Amended Complaint (mb)

NOTICE of Appearance by JAMES E BUTLER, JR on behalf of SYNOVUS BANK (BUTLER, JAMES) (Entered: 06/02/2020)

ORDER GRANTING EXTENSION OF TIME. Defendant ServisFirst Bank's corrected unopposed motion for extension of time (Doc. 30 ), is granted, and Defendant ServisFirst Bank shall have until June 17, 2020, to answer or otherwise respond to the amended complaint. (Internal deadline for referral to judge if response not filed earlier: 6/17/2020).) Signed by JUDGE T KENT WETHERELL II on 6/2/2020. (mb) (Entered: 06/02/2020)

NOTICE of Appearance by EMILY Y ROTTMANN on behalf of TRUIST BANK (ROTTMANN, EMILY) (Entered: 06/05/2020)

MOTION to Appear Pro Hac Vice by Cheryl L. Haas.( Filing fee $ 201 receipt number AFLNDC-5309304.) by TRUIST BANK. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (HAAS, CHERYL) (Entered: 06/05/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 39 MOTION to Appear Pro Hac Vice by Meredith Laughlin Allen, 37 MOTION to Extend Time Unopposed Motion for an Extension of Time to Respond to the Amended Complaint, 38 MOTION to Appear Pro Hac Vice by Cheryl L. Haas. (sdw)

MOTION to Appear Pro Hac Vice by Robert Ashby Pate.( Filing fee $ 201 receipt number AFLNDC-5312685.) by SERVISFIRST BANK INC.. (PATE, ROBERT) (Entered: 06/05/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 41 MOTION to Appear Pro Hac Vice by Robert Ashby Pate.( Filing fee $ 201 receipt number AFLNDC-5312685.), 40 MOTION to Appear Pro Hac Vice by Sara A. Ford.( Filing fee $ 201 receipt number AFLNDC-5312641.) (mb)

ORDER GRANTING EXTENSION OF TIME. Defendant Truist Bank's unopposed motion for extension of time (Doc. 37 ) is GRANTED, and Defendant Truist Bank shall have until July 3, 2020, to answer or otherwise respond to the amended complaint. (Internal deadline for referral to judge if response to Complaint not filed earlier: 7/3/2020).) Signed by JUDGE T KENT WETHERELL II on 6/8/2020. (mb) (Entered: 06/08/2020)

NOTICE of Appearance by PHILIP A BATES on behalf of SYNOVUS BANK (BATES, PHILIP) (Entered: 06/10/2020)

NOTICE of Appearance by CHRISTOPHER ALLEN RILEY on behalf of THE FIRST, A NATIONAL BANKING ASSOCIATION (RILEY, CHRISTOPHER) (Entered: 06/16/2020)

MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law by SERVISFIRST BANK INC.. (Internal deadline for referral to judge if response not filed earlier: 7/1/2020). (MATTHEWS, LOGAN) (Entered: 06/17/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 50 MOTION to Appear Pro Hac Vice( Filing fee $ 201 receipt number AFLNDC-5358666.) (mb)

ORDER - That the motion is GRANTED 50, and attorney Kathryn M. Barber is authorized to appear pro hac vice for Defendant Truist Bank. (Appointed KATHRYN MARGARET BARBER for TRUIST BANK). Signed by JUDGE T KENT WETHERELL II on 6/18/2020. (mb) (Entered: 06/18/2020)

MOTION to Extend Time to Respond to the Amended Complaint by THE FIRST, A NATIONAL BANKING ASSOCIATION. (RILEY, CHRISTOPHER) (Entered: 06/23/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 53 MOTION to Extend Time to Respond to the Amended Complaint (mb)

ORDER SETTING HEARING. The Court will conduct a hearing on Defendant's motion on Thursday, July 9, 2020, at 2:00 p.m. (CDT) in Courtroom 3 of the United States District Courthouse, 1 North Palafox Street, Pensacola, Florida, 32502, before MAGISTRATE JUDGE HOPE T CANNON. (mb) (Entered: 06/24/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 56 RESPONSE in Opposition re 46 MOTION to Dismiss First Amended Complaint filed by SPORT & WHEAT CPA PA. (Attachments: # 1 Exhibit A - Texts, # 2 Exhibit B - Texts, # 3 Exhibit C - Adams deposition, # 4 Exhibit D - SBA notice, # 5 Exhibit E - Form 159, # 6 Exhibit F - Forgiveness application, # 7 Exhibit G - Forgiveness instructions), 46 MOTION to Dismiss First Amended Complaint. (mb)

MOTION for Leave to File Reply Memorandum in Support of its Motion to Dismiss the Amended Complaint by SYNOVUS BANK. (Attachments: # 1 Exhibit A- [Proposed] Order) (NATHANSON, PAUL) (Entered: 06/26/2020)

Amended MOTION for Leave to File re 57 MOTION for Leave to File Reply Memorandum in Support of its Motion to Dismiss the Amended Complaint by SYNOVUS BANK. (Attachments: # 1 Exhibit A- [Proposed] Order) (NATHANSON, PAUL) (Entered: 06/29/2020)

REPORT of Rule 26(f) Planning Meeting. (CASH, WILLIAM) (Entered: 06/29/2020)

ORDER GRANTING LEAVE TO FILE REPLY. Defendant Synovus Bank's amended motion for leave to file a reply in support of its motion to dismiss (Doc. 59 ) is granted. On or before Tuesday, July 7, 2020, Defendant Synovus Bank may file a reply of not more than 1600 words addressing only the second issue in its amended motion. (Reply to Motion due by 7/7/2020.) Signed by JUDGE T KENT WETHERELL II on 6/30/2020. (mb) (Entered: 06/30/2020)

ORDER. Discovery is stayed pending further Order. Any additional motions to dismiss shall be filed as soon as practical. The Court will set a case management conference after ruling on the motions to dismiss, if necessary. The parties shall promptly advise the Court of any material developments in the MDL or rulings in the other related cases. Signed by JUDGE T KENT WETHERELL II on 6/30/2020. (mb) (Entered: 07/01/2020)

ORDER re 63 MOTION for Leave to File text messages under seal filed by SPORT & WHEAT CPA PA. Signed by MAGISTRATE JUDGE HOPE T CANNON on 07/02/2020. (HTC) (Entered: 07/02/2020)

RULE 26 Disclosures by TRUIST BANK. (ALLEN, MEREDITH) (Entered: 07/06/2020)

RULE 26 Disclosures by SYNOVUS BANK. (PRATHER, RAMSEY) (Entered: 07/06/2020)

RESPONSE in Opposition re 63 MOTION for Leave to File text messages under seal filed by SYNOVUS BANK. (PRATHER, RAMSEY) (Entered: 07/06/2020)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: 72 RESPONSE in Opposition re 63 MOTION for Leave to File text messages under seal filed by SYNOVUS BANK. Referred to HOPE T CANNON. (mb)

MOTION for Leave to File re 52 First MOTION for Protective Order To Terminate Rule 30(b)(6) Deposition by SYNOVUS BANK. (PRATHER, RAMSEY) (Entered: 07/07/2020)

RESPONSE to Motion re 74 MOTION for Leave to File re 52 First MOTION for Protective Order To Terminate Rule 30(b)(6) Deposition filed by SPORT & WHEAT CPA PA. (Attachments: # 1 Exhibit A) (CASH, WILLIAM) (Entered: 07/07/2020)

MOTION for Extension of Time to File Response/Reply as to 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 MOTION to Dismiss the Amended Complaint and Memorandum of Law in Support Thereof (motion seeking extension to file omnibus response to 3 MTDs) by SPORT & WHEAT CPA PA. (CASH, WILLIAM) (Entered: 07/07/2020)

NOTICE (defendants declined to consent to motion) by SPORT & WHEAT CPA PA re 76 MOTION for Extension of Time to File Response/Reply as to 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 MOTION to Dismiss the Amended Complaint and Memorandum of Law in Support Thereof (motion seeking extension to (CASH, WILLIAM) (Entered: 07/07/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 76 MOTION for Extension of Time to File Response/Reply as to 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 MOTION to Dismiss the Amended Complaint and Memorandum of Law in Support Thereof (motion seeking extension to, 77 NOTICE (defendants declined to consent to motion) by SPORT & WHEAT CPA PA re 76 MOTION for Extension of Time to File Response/Reply as to 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 MOTION to Dismiss the Amended Complaint and Memorandum of Law in Support Thereof (motion seeking extension (mb)

Set Deadlines re 78 ORDER. The documents are due to the Court by close of business July 8, 2020. Upon review, the Court will enter a ruling on the motion to seal. (Notify Chambers on 7/8/2020). (mb)

RESPONSE to Motion re 76 MOTION for Extension of Time to File Response/Reply as to 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 MOTION to Dismiss the Amended Complaint and Memorandum of Law in Support Thereof (motion seeking extension to filed by TRUIST BANK. (HAAS, CHERYL) (Entered: 07/09/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 80 RESPONSE to Motion re 76 MOTION for Extension of Time to File Response/Reply as to 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 MOTION to Dismiss the Amended Complaint and Memorandum of Law in Support Thereof (motion seeking extension to filed by TRUIST BANK. (mb)

RESPONSE to Motion re 76 MOTION for Extension of Time to File Response/Reply as to 67 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 69 MOTION to Dismiss the Amended Complaint and Memorandum of Law in Support Thereof (motion seeking extension to filed by SERVISFIRST BANK INC.. (MATTHEWS, LOGAN) (Entered: 07/09/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 82 Response to Motion. (sdw)

ORDER. Synovus's motion to terminate deposition at ECF Doc. 52 is DENIED. S&W's motion to seal at ECF Doc. 63 is GRANTED, to the extent that S&W is directed to file under seal the copies of screenshots from Jill Sport's phone that Plaintiff's counsel submitted to the Court for in camera review on Wednesday, July 8, 2020 ("the Screenshots"). Synovus's motion for leave to file a reply brief in support of its motion to terminate at ECF Doc. 74 is DENIED as moot. Signed by MAGISTRATE JUDGE HOPE T CANNON on 7/14/2020. (mb) (Entered: 07/14/2020)

NOTICE Regarding the Judicial Panel on Multidistrict Litigation's Order Denying Centralization by SYNOVUS BANK (Attachments: # 1 Exhibit A) (BATES, PHILIP) (Entered: 08/05/2020)

ORDER DISMISSING AMENDED COMPLAINT - That Defendants' motions to dismiss (Docs. 46, 49, 67, 69 ) are GRANTED, and the amended complaint is DISMISSED. Plaintiff may seek leave to file a second amended complaint within 14 days of the date of this Order if it can do so in good faith. (Amended Complaint due by 8/31/2020.) Signed by JUDGE T KENT WETHERELL II on 8/17/2020. (mb) (Entered: 08/17/2020)

SECOND AMENDED COMPLAINT against SERVISFIRST BANK INC., SYNOVUS BANK, THE FIRST, A NATIONAL BANKING ASSOCIATION, TRUIST BANK, filed by SPORT & WHEAT CPA PA. (Attachments: # 1 Exhibit A - Form 159, # 2 Exhibit B - Texts, # 3 Exhibit C - Adams deposition, # 4 Exhibit D - Texts, # 5 Exhibit E - E-mail) (CASH, WILLIAM) (Entered: 08/31/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 89 MOTION to Amend/Correct 21 Amended Complaint (proposed Second Amended Complaint), 90 Second Amended Complaint. (mb)

RESPONSE in Opposition re 89 MOTION to Amend/Correct 21 Amended Complaint (proposed Second Amended Complaint) (Defendants' Opposition to Plaintiff's Motion for Leave to Amend The Complaint) filed by TRUIST BANK. (HAAS, CHERYL) (Entered: 09/02/2020)

ORDER DENYING LEAVE TO AMEND AND DISMISSING CASE WITH PREJUDICE re 89 Plaintiff's motion for leave to amend the complaint. That the motion for leave to amend the complaint is DENIED, this case is DISMISSED with prejudice, and the Clerk shall close the file. Signed by JUDGE T KENT WETHERELL II on 9/4/2020. (mb) (Entered: 09/04/2020)

Appeal Instructions re: 94 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 9/24/2020. (mb) (Entered: 09/10/2020)

TRANSCRIPT REQUEST by SPORT & WHEAT CPA PA (CASH, WILLIAM) (Entered: 09/11/2020)