Southern Bank & Trust Company v. Laburnum Hotel Partners, LLC et al

Federal Civil Lawsuit Virginia Eastern District Court, Case No. 2:13-cv-00216
District Judge Rebecca Beach Smith, presiding
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District Judge Rebecca Beach Smith
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Parties
No Logo Southern Bank & Trust Company, Plaintiff

Represented by Pender & Coward PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jesse Brian Gordon +1 757 490 3000 +1 757 497 1914 jgordon@pendercoward.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED William A. Lascara +1 757 490 3000 +1 757 456 2935 wlascara@pendercoward.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Richard Hoyt Matthews +1 757 490 3000 +1 757 497 1914

Represented by Troutman Sanders, LLP

Name Phone Fax E-Mail
TERMINATED: 10/30/2013, ATTORNEY TO BE NOTICED Jeffrey H. Gray +1 757 687 7519 +1 757 687 1554 jeffrey.gray@troutmansanders.com
TERMINATED: 10/30/2013, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jonathan Leigh Hauser +1 757 687 7768 +1 757 687 1505 jonathan.hauser@troutmansanders.com
v.
No Logo Amit S. Patel, Defendant

Represented by Wilson & McIntyre, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED John D. McIntyre +1 757 961 3900 jmcintyre@wmlawgroup.com
No Logo Ashok K. Arora, Defendant

Represented by Fox Rothschild LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Kenneth Howard Leichter +1 215 299 3806 +1 215 299 2150 kleichter@foxrothschild.com
No Logo Ashok M. Patel, Defendant
No Logo Marshall O'Toole Gerstein Murray and Borun, Defendant
Officially listed as "Chirag Patel"
No Logo Dilip R. Desai, Defendant

Represented by Hunton & Williams LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Wendy Cohen McGraw +1 757 640 5300 +1 757 625 7720 wmcgraw@hunton.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED ROBERT MARTIN TATA +1 757 640 5300 +6257 625 625 7720 btata@hunton.com
No Logo Dilip Sarkar, Defendant
No Logo Gunadhar Panigrahi, Defendant
No Logo H. K. Thakkar, Defendant
No Logo Jitendra Swarup, Defendant
No Logo Kiran B. Patel, Defendant
No Logo Kiran Debnath, Defendant
No Logo Kush H. Thakkar, Defendant
No Logo Laburnum Hotel Partners, LLC, Defendant

Represented by Cook Heyward Lee Hopper & Feehan PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Allan M. Heyward, Jr. +1 804 747 4500 heyward@chlhf.com
No Logo Malay H. Thakkar, Defendant
No Logo Muhammad Ali Siddiky, Defendant
No Logo Neel D. Desai, Defendant
No Logo Paresh Patel, Defendant
No Logo Prakash Rajamani, Defendant
No Logo Purshottam Vachhani, Defendant
No Logo Rachen Patel, Defendant
No Logo Saileela Venkatesan, Defendant
No Logo Sangita Patel, Defendant
No Logo Sudhir C. Mehrotra, Defendant
No Logo Tejal D. Desai, Defendant
No Logo Vinod B. Agarwal, Defendant

Represented by Crowley, Liberatore, & Ryan, PC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Karen M. Crowley +1 757 333 4500 +1 757 333 4501
Attributes
Citation Section 28 U.S.C. § 1332
Nature of Suit 190 - Contract: Other Contract Actions
Timeline
  Entries (51) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 51 Filed: 4/11/2014, Entered: None
MOTION for Joinder MOTION FOR LEAVE TO AMEND ANSWER TO ADD CROSS-CLAIMS PURSUANT TO RULE 15(A)(2) AND FOR LEAVE TO JOIN LTD FUND ONE, LLC AS CROSS-CLAIM DEFENDANT AND TO JOIN KEYSTONE VENTURES, LLC AS CROSS-CLAIMANT PURSUANT TO RULES 19 AND 20 [Per ECF Guideline RE: "Multi-Part Documents"] by Jitendra Swarup. (Attachments: # 1 Exhibit 1 - Proposed Amended Answer and Affirmative Defenses with Cross-Claims, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Memorandum in Support, # 9 Proposed Order)(Leichter, Kenneth) (Entered: 04/11/2014)
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Legal Document (Payment Possibly Required) 50 Filed: 4/11/2014, Entered: None
MOTION to Amend/Correct MOTION FOR LEAVE TO AMEND ANSWER TO ADD CROSS-CLAIMS PURSUANT TO RULE 15(A)(2) AND FOR LEAVE TO JOIN LTD FUND ONE, LLC AS CROSS-CLAIM DEFENDANT AND TO JOIN KEYSTONE VENTURES, LLC AS CROSS-CLAIMANT PURSUANT TO RULES 19 AND 20 by Jitendra Swarup. (Attachments: # 1 Exhibit 1 - Amended Answer and Affirmative Defenses with Cross-Claims, # 2 Exhibit A to Amended Answer and Affirmative Defenses with Cross-Claims, # 3 Exhibit B to Amended Answer and Affirmative Defenses with Cross-Claims, # 4 Exhibit C to Amended Answer and Affirmative Defenses with Cross-Claims, # 5 Exhibit D to Amended Answer and Affirmative Defenses with Cross-Claims, # 6 Exhibit E to Amended Answer and Affirmative Defenses with Cross-Claims, # 7 Exhibit F to Amended Answer and Affirmative Defenses with Cross-Claims, # 8 Exhibit Memorandum in Support, # 9 Proposed Order)(Leichter, Kenneth) (Entered: 04/11/2014)
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Legal Document (Payment Possibly Required) 49 Filed: 4/2/2014, Entered: None Court Filing
ORDER granting 47 Motion to Substitute Attorney.. It is hereby ORDERED that the law firm of Wilson & Mclntyre. PLLC and John D. Mclntyre. Esquire and Cara M. Cotter, Esquire be and hereby are substituted as counsel of record for Vinod B. Agarwal. Kiran Debnath. Sudhir C. Mehrota, Gunadhar Panigrahi. Dilip Sarkar, Muhammad Ali Siddiky. and Saileela Venkatesan. It is further ORDERED that the law firm of Crowley. Liberatore. Ryan & Brogran. P.C. and Karen Crowley. Esquire be and hereby are released as counsel of record in this case. Signed by Chief District Judge Rebecca Beach Smith on 4/1/14 and filed 4/2/14. Copies distributed to all parties 4/2/14. (ldab, ) (Entered: 04/02/2014)
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Legal Document (Payment Possibly Required) 48 Filed: 4/2/2014, Entered: None Court Filing
Order Referring Case to Magistrate Judge for Report and Recommendations. Pursuant to 28 U.S. C. § 636(b) (1) (B) and Federal Rule of Civil Procedure 72(b), it is ORDERED that United States Magistrate Judge Douglas E. Miller, is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the motions. Signed by Chief District Judge Rebecca Beach Smith on 4/1/14 and filed 4/2/14. Copies distributed to counsel for the parties, and to defendant, Vipul Pawani 4/2/14. (ldab, ) (Entered: 04/02/2014)
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Legal Document (Payment Possibly Required) 47 Filed: 3/31/2014, Entered: None
MOTION to Substitute Attorney by Amit S. Patel, Ashok M. Patel, Chirag Patel, Kiran B. Patel, Paresh Patel, Rachen Patel, Sangita Patel, Prakash Rajamani, Purshottam Vachhani. (Attachments: # 1 Exhibit Exhibit A Proposed Order Substituting)(McIntyre, John) (Entered: 03/31/2014)
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Legal Document (Payment Possibly Required) 46 Filed: 3/27/2014, Entered: None
REPLY to Response to Motion re 42 MOTION to Dismiss Malay Thakkar, H.K. Thakkar, Kush Thakkar, Dilip Desai, Neel Desai and Tejal Desai filed by Dilip R. Desai, Neel D. Desai, Tejal D. Desai, H. K. Thakkar, Kush H. Thakkar, Malay H. Thakkar. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(McGraw, Wendy) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 45 Filed: 3/27/2014, Entered: None
REPLY to Response to Motion re 42 MOTION to Dismiss Malay Thakkar, H.K. Thakkar, Kush Thakkar, Dilip Desai, Neel Desai and Tejal Desai filed by Southern Bank & Trust Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Gordon, Jesse) (Entered: 03/27/2014)
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Legal Document (Payment Possibly Required) 44 Filed: 3/21/2014, Entered: None
MOTION for Default Judgment as to Vipul Pawani by Southern Bank & Trust Company. (Attachments: # 1 Affidavit Exhibit A)(Gordon, Jesse) (Entered: 03/21/2014)
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Legal Document (Payment Possibly Required) 43 Filed: 3/21/2014, Entered: None
Opposition to 42 MOTION to Dismiss Malay Thakkar, H.K. Thakkar, Kush Thakkar, Dilip Desai, Neel Desai and Tejal Desai filed by Ashok K. Arora, Jitendra Swarup. (Attachments: # 1 Exhibit 1)(Leichter, Kenneth) (Entered: 03/21/2014)
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Legal Document (Payment Possibly Required) 42 Filed: 3/6/2014, Entered: None
MOTION to Dismiss Malay Thakkar, H.K. Thakkar, Kush Thakkar, Dilip Desai, Neel Desai and Tejal Desai by Southern Bank & Trust Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Gordon, Jesse) (Entered: 03/06/2014)
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Legal Document (Payment Possibly Required) 41 Filed: 2/27/2014, Entered: None
Clerk's ENTRY OF DEFAULT as to Vipul Pawani. (ldab, ) (Entered: 02/27/2014)
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Legal Document (Payment Possibly Required) 40 Filed: 2/27/2014, Entered: None
Request for Default Judgment as to Vipul Pawani by Southern Bank & Trust Company. (Gordon, Jesse) (Entered: 02/27/2014)
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Legal Document (Payment Possibly Required) 39 Filed: 2/13/2014, Entered: None
NOTICE by Southern Bank & Trust Company Notice and Certificate of Mailing (Attachments: # 1 Exhibit A, # 2 Exhibit B, Part 1, # 3 Exhibit B, Part 2, # 4 Exhibit B, Part 3)(Gordon, Jesse) (Entered: 02/13/2014)
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Legal Document (Payment Possibly Required) 38 Filed: 10/30/2013, Entered: None Court Filing
ORDER granting 37 Joint Motion to Substitute Counsel. Added attorney Richard Hoyt Matthews,Jesse Brian Gordon,William A. Lascara for Southern Bank & Trust Company. Attorney Jeffrey H. Gray and Jonathan Leigh Hauser terminated. Signed by Magistrate Judge Douglas E. Miller and filed on 10/30/2013. (rsim, ) (Entered: 11/01/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 10/25/2013, Entered: None
MOTION to Substitute Attorney by Southern Bank & Trust Company. (Attachments: # 1 Proposed Order)(Hauser, Jonathan) (Entered: 10/25/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 6/14/2013, Entered: None
ANSWER to 1 Complaint, by Dilip R. Desai, Neel D. Desai, Tejal D. Desai, H. K. Thakkar, Kush H. Thakkar, Malay H. Thakkar.(Tata, Robert) (Entered: 06/14/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Purshottam Vachhani.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Prakash Rajamani.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Sangita Patel.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Rachen Patel.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Paresh Patel.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Kiran B. Patel.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Chirag Patel.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 28 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Ashok M. Patel.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 27 Filed: 6/7/2013, Entered: None
ANSWER to 1 Complaint, by Amit S. Patel.(McIntyre, John) (Entered: 06/07/2013)
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Legal Document (Payment Possibly Required) 26 Filed: 5/24/2013, Entered: None
ONE (1) SUMMONS Returned Executed (POSTED SERVICE) by Southern Bank & Trust Company Vipul Pawani served on 5/8/2013 (ldab, ) (Entered: 05/28/2013)
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Legal Document (Payment Possibly Required) 25 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, by Saileela Venkatesan.(Crowley, Karen) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 24 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, by Muhammad Ali Siddiky.(Crowley, Karen) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 23 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, by Dilip Sarkar.(Crowley, Karen) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 22 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, by Gunadhar Panigrahi.(Crowley, Karen) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 21 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, by Sudhir C. Mehrotra.(Crowley, Karen) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 20 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, by Kiran Debnath.(Crowley, Karen) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 19 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, by Vinod B. Agarwal.(Crowley, Karen) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 18 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, by Laburnum Hotel Partners, LLC.(Heyward, Allan) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 17 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, with Affirmative Defenses by Ashok K. Arora.(Leichter, Kenneth) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 16 Filed: 5/24/2013, Entered: None
ANSWER to 1 Complaint, with Affirmative Defenses by Jitendra Swarup.(Leichter, Kenneth) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 15 Filed: 5/24/2013, Entered: None Court Filing
AGREED ORDER re 11 MOTION for Extension of Time to File Answer and Incorporated Memorandum filed by Malay H. Thakkar, Tejal D. Desai, Neel D. Desai, H. K. Thakkar, Kush H. Thakkar, Dilip R. Desai - it is hereby ORDERED that the time for the Desai/Thakkar Defendants to file an Answer or other responsive pleading to Plaintiffs Complaint in this matter shall be extended so that such response shall be filed on or before June 14, 2013, and that any and all response filed by such date shall be deemed timely filed. Signed by Magistrate Judge Douglas E. Miller on 5/23/2013; filed on 5/24/2013. (bnew) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 14 Filed: 5/24/2013, Entered: None Court Filing
ORDER granting 13 Motion for Extension of Time to Answer re 1 Complaint, Defendants' Motion for Extension of Time to File Responsive Pleadings Amit S. Patel answer due 6/7/2013; Ashok M. Patel answer due 6/7/2013; Chirag Patel answer due 6/7/2013; Kiran B. Patel answer due 6/7/2013; Paresh Patel answer due 6/7/2013; Rachen Patel answer due 6/7/2013; Sangita Patel answer due 6/7/2013; Prakash Rajamani answer due 6/7/2013; Purshottam Vachhani answer due 6/7/2013.. Signed by Magistrate Judge Douglas E. Miller and filed on 5/24/2013. (bnew) (Entered: 05/24/2013)
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Legal Document (Payment Possibly Required) 13 Filed: 5/23/2013, Entered: None
MOTION for Extension of Time to File Answer re 1 Complaint, Defendants' Motion for Extension of Time to File Responsive Pleadings by Amit S. Patel, Ashok M. Patel, Chirag Patel, Kiran B. Patel, Paresh Patel, Rachen Patel, Sangita Patel, Prakash Rajamani, Purshottam Vachhani. (Attachments: # 1 Exhibit Exhibit A - Proposed Order)(McIntyre, John) Modified on 5/24/2013 (bnew). (Entered: 05/23/2013)
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Legal Document (Payment Possibly Required) 12 Filed: 5/22/2013, Entered: None
NOTICE of Appearance by Wendy Cohen McGraw on behalf of Dilip R. Desai, Neel D. Desai, Tejal D. Desai, H. K. Thakkar, Kush H. Thakkar, Malay H. Thakkar (McGraw, Wendy) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 11 Filed: 5/22/2013, Entered: None
MOTION for Extension of Time to File Answer and Incorporated Memorandum by Dilip R. Desai, Neel D. Desai, Tejal D. Desai, H. K. Thakkar, Kush H. Thakkar, Malay H. Thakkar. (Tata, Robert) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 10 Filed: 5/22/2013, Entered: None
NOTICE of Appearance by Robert Martin Tata on behalf of Dilip R. Desai, Neel D. Desai, Tejal D. Desai, H. K. Thakkar, Kush H. Thakkar, Malay H. Thakkar (Tata, Robert) (Entered: 05/22/2013)
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Legal Document (Payment Possibly Required) 9 Filed: 5/16/2013, Entered: None
NOTICE of Appearance by Kenneth Howard Leichter on behalf of Ashok K. Arora (Leichter, Kenneth) (Entered: 05/16/2013)
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Legal Document (Payment Possibly Required) 8 Filed: 5/13/2013, Entered: None
THREE (3)SUMMONSES Returned Executed by Southern Bank & Trust Company Neel D. Desai served on 5/6/2013, Laburnum Hotel Partners, LLC served on 5/6/2013, Kiran B. Patel served on 5/6/2013, (ldab, ) (Entered: 05/14/2013)
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Legal Document (Payment Possibly Required) 7 Filed: 5/13/2013, Entered: None
TWENTY THREE (23)SUMMONSES Returned Executed by Southern Bank & Trust Company Vinod B. Agarwal served on 5/3/2013, Ashok K. Arora served on 5/3/2013, Anant Damle served on 5/3/2013, Kiran Debnath served on 5/3/2013, Dilip R. Desai served on 5/3/2013, Tejal D. Desai served on 5/3/2013, Sudhir C. Mehrotra served on 5/3/2013, Gunadhar Panigrahi served on 5/3/2013, Amit S. Patel served on 5/3/2013, Ashok M. Patel served on 5/3/2013, Chirag Patel served on 5/3/2013, Paresh Patel served on 5/3/2013, Rachen Patel served on 5/3/2013, Sangita Patel served on 5/3/2013, Prakash Rajamani served on 5/3/2013, Dilip Sarkar served on 5/3/2013, Muhammad Ali Siddiky served on 5/3/2013, Jitendra Swarup served on 5/3/2013, H. K. Thakkar served on 5/3/2013, Kush H. Thakkar served on 5/3/2013, Malay H. Thakkar served on 5/3/2013, Purshottam Vachhani served on 5/3/2013, Saileela Venkatesan served on 5/3/2013, (ldab, ) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 6 Filed: 5/13/2013, Entered: None
NOTICE of Voluntary Dismissal Without Prejudice - Anant Damle (Amended) by Southern Bank & Trust Company (Gray, Jeffrey) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 5 Filed: 5/13/2013, Entered: None
NOTICE of Voluntary Dismissal Without Prejudice - Anante Damle by Southern Bank & Trust Company (Gray, Jeffrey) (Entered: 05/13/2013)
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Legal Document (Payment Possibly Required) 4 Filed: 5/9/2013, Entered: None
NOTICE of Appearance by Kenneth Howard Leichter on behalf of Jitendra Swarup (Leichter, Kenneth) (Entered: 05/09/2013)
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Legal Document (Payment Possibly Required) 3 Filed: 4/23/2013, Entered: None
Twenty Seven(27)Summonses Issued as to All Defendants & ready for pick-up. (Attachments: # 1 information)(ldab, ) (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 2 Filed: 4/22/2013, Entered: None
Financial Interest Disclosure Statement (Local Rule 7.1) by Southern Bank & Trust Company. (ldab, ) (Entered: 04/23/2013)
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Legal Document (Payment Possibly Required) 1 Filed: 4/22/2013, Entered: None
COMPLAINT against All Defendants ( Filing fee $ 350, receipt number 24683019243.), filed by Southern Bank & Trust Company. (Attachments: # 1 Exhibit 1-12, # 2 Exhibit 13-24, # 3 Exhibit 25-35, # 4 Exhibit 36-45, # 5 Exhibit 46-54, # 6 Civil Cover Sheet, # 7 civil cover sheet exhibit 1, # 8 Letter, # 9 Receipt)(ldab, ) (Entered: 04/23/2013)
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