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Case TitleBizCapital Business v. Comptroller of the Currency of the US
DistrictEastern District of Louisiana
CityNew Orleans
Case Number2:2005cv01967
Date Filed2005-05-27
Date Closed2006-12-15
JudgeJudge Carl Barbier
PlaintiffBizCapital Business & Industrial Development Corporation
DefendantComptroller of the Currency of the United States
DefendantUnited States on behalf of the Department of Justice
AppealFifth Circuit 06-30032
Documents
Docket
Complaint
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2005-05-271COMPLAINT against Comptroller of the Currency of the United States (Filing fee $ 250.) filed by BizCapital Business & Industrial Development Corporation.(tbl, ) Attachment #1 Civil Cover Sheet (tbl, ) (Entered: 05/31/2005)
2005-05-272Summons Issued as to Comptroller of the Currency of the United States. (tbl, ) (Entered: 05/31/2005)
2005-06-093MOTION for Leave to File Exhibits [attached hereto] by BizCapital Business & Industrial Development Corporation. (tbl, ) (Entered: 06/13/2005)
2005-06-104ORDER granting 3 Motion for Leave to File Exhibits; exhibits attached to Document No. 3. Signed by Judge Kurt D. Engelhardt on 6/10/05. (tbl, ) (Entered: 06/13/2005)
2005-06-215ORDER TRANSFERRING CASE. Case transferred to Judge Carl Barbier and Joseph C. Wilkinson, Jr. for all further proceedings. Judge Kurt D. Engelhardt, Daniel E. Knowles, III no longer assigned to case. Signed by Judge Kurt D. Engelhardt on 6/20/05.(gec, ) (Entered: 06/22/2005)
2005-06-216SUMMONS Returned Executed; Comptroller of the Currency of the United States served on 6/1/2005, answer due 8/1/2005. (blg, ) (Entered: 06/22/2005)
2005-06-217SUMMONS Returned Executed; Comptroller of the Currency of the United States through US Dept of Justice Asst Attorney General for Administration served on 06/01/05. (blg, ) (Entered: 06/22/2005)
2005-06-218SUMMONS Returned Executed; Comptroller of the Currency of the United States through the Civil Process Clerk at US Attorney Office served on 05/27/05. (blg, ) (Entered: 06/22/2005)
2005-07-269MOTION to Dismiss Case, MOTION for Summary Judgment by Comptroller of the Currency of the United States. Motion Hearing set for 8/17/2005 09:30 AM before Judge Carl Barbier. (sek, ) (Entered: 07/28/2005)
2005-07-2910STATEMENT OF INTEREST OF THE UNITED STATES by movant United States. (sek, ) Modified on 8/1/2005 to correct docket text. (sek, ). (Entered: 07/29/2005)
2005-08-0911MOTION to Continue hearing on motion to dismiss or alternative motion for summary judgment by BizCapital Business & Industrial Development Corporation. (sek, ) (Entered: 08/12/2005)
2005-08-0913CROSS-MOTION for Summary Judgment by BizCapital Business & Industrial Development Corporation. Motion Hearing set for 8/31/2005 09:30 AM before Judge Carl Barbier. (sek, ) (Entered: 08/16/2005)
2005-08-0914MOTION for ORAL ARGUMENT re 13 CROSS-MOTION for Summary Judgment by BizCapital Business & Industrial Development Corporation. (sek, ) (Entered: 08/16/2005)
2005-08-1212ORDER granting 11 MOTION to Continue hearing on 9 MOTION to Dismiss Case or alternatively MOTION for Summary Judgment. Motion Hearing re-set for 8/31/2005 before Judge Carl Barbier. Signed by Judge Carl Barbier on 8/11/05.(sek, ) (Entered: 08/12/2005)
2005-08-1215ORDER granting 14 MOTION for Oral Argument re 13 Cross-MOTION for Summary Judgment; ORAL ARGUMENT set for 8/31/2005 09:30 AM before Judge Carl Barbier.Signed by Judge Carl Barbier on 8/11/05.(sek, ) (Entered: 08/16/2005)
2005-08-2416RESPONSE/MEMORANDUM in Opposition filed by Comptroller of the Currency of the United States re 13 MOTION for Summary Judgment; REPLY to plaintiff's opposition to defendant's motion to dismiss or, in the alternative, for summary judgment. (sek, ) (Entered: 08/24/2005)
2005-08-2417Further Statement of interest of the United States in Opposition filed by United States re 13 Cross- MOTION for Summary Judgment. (sek, ) (Entered: 08/24/2005)
2005-08-2618MOTION for Leave to File reply memo in further support of its cross-motion for summary judgment by BizCapital Business & Industrial Development Corporation. (sek, ) (Entered: 10/04/2005)
2005-09-2719ORDER granting 18 Motion for Leave to File reply memo. Signed by Judge Carl Barbier on 9/12/05. (sek, ) (Entered: 10/04/2005)
2005-09-2720REPLY filed by BizCapital Business & Industrial Development Corporation re 13 Cross-MOTION for Summary Judgment & in opposition to 9 MOTION to Dismiss Case or alternative MOTION for Summary Judgment. (sek, ) (Entered: 10/04/2005)
2005-10-1221ORDER Resetting Hearing on 13 MOTION for Summary Judgment, 9 MOTION to Dismiss Case or alternatively MOTION for Summary Judgment: Motion Hearing set with oral argument for 11/16/2005 09:30 AM before Judge Carl Barbier. Signed by Judge Carl Barbier on 10/11/05.(sek, ) (Entered: 10/12/2005)
2005-10-3122MOTION for Leave to File notice of supplemental authority by Comptroller of the Currency of the United States. (sek, ) (Entered: 11/08/2005)
2005-11-0423ORDER granting 22 Motion for Leave to File notice of supplemental authority. Signed by Judge Carl Barbier on 11/3/05. (sek, ) (Entered: 11/08/2005)
2005-11-0424NOTICE of Supplemental Authority by Comptroller of the Currency of the United States. (sek, ) (Entered: 11/08/2005)
2005-11-0726MOTION for Leave to File Memo in Response to OCC's notice of suppl authority by BizCapital Business & Industrial Development Corporation. (ijg, ) (Entered: 11/10/2005)
2005-11-0925ORDER Resetting Hearing on 13 MOTION for Summary Judgment, 9 MOTION to Dismiss, alternatively MOTION for Summary Judgment: Motion Hearing set for 11/16/2005 08:30 AM before Judge Carl Barbier. Signed by Judge Carl Barbier on 11/8/05.(sek, ) (Entered: 11/09/2005)
2005-11-1027ORDER granting 26 Motion for Leave to File memo in response to OCC's notice of suppl authority. Signed by Judge Carl Barbier on 11/8/05. (ijg, ) (Entered: 11/10/2005)
2005-11-1028Memorandum by BizCapital Business & Industrial Development Corporation in response to OCC's 24 Notice of Suppl Authority. (ijg, ) (Entered: 11/10/2005)
2005-11-1629Minute Entry for proceedings held before Judge Carl Barbier : Motion Hearing held on 11/16/2005; Ordered that 13 Cross-MOTION for Summary Judgment filed by BizCapital Business & Industrial Development Corporation is taken under advisement; Ordered that 9 MOTION to Dismiss Case; MOTION for Summary Judgment filed by Comptroller of the Currency of the United States is taken under advisement. (Court Reporter Pat Ralph.) (sek, ) (Entered: 11/17/2005)
2005-11-2330ORDER denying 9 Motion to Dismiss Case, denying 9 Motion for Summary Judgment; granting plaintiff's 13 Cross-Motion for Summary Judgment; defendant is to produce within 10 days from the entry of this order, any SAR responsive to plaintiff's administrative request. Signed by Judge Carl Barbier on 11/22/05. (sek, ) (Entered: 11/23/2005)
2005-12-0831NOTICE by Comptroller of the Currency of the United States re 30 Order of 11/23/05. (sek, ) (Entered: 12/09/2005)
2005-12-1532ORDER that the Court will release to plaintiff the OCC's response to the Court's order of 11/23/05; Further Ordered that execution of this order will be stayed for 10 days following the date of entry of this order. Signed by Judge Carl Barbier on 12/15/05.(sek, ) (Entered: 12/15/2005)
2005-12-2333NOTICE OF APPEAL by Comptroller of the Currency of the United States as to 32 Order & 30 Order on Motion to Dismiss Case/ Order on Motion for Summary Judgment. (sek, ) (Entered: 12/23/2005)
2005-12-2334MOTION to Expedite Hearing on Motion for Stay Pending Appeal by Comptroller of the Currency of the United States. (plh, ) (Entered: 12/28/2005)
2005-12-2339MOTION for Entry of Judgment by Comptroller of the Currency of the United States. (sek, ) (Entered: 01/04/2006)
2005-12-2738RESPONSE to Motion filed by BizCapital Business & Industrial Development Corporation re 36 MOTION to Stay. (plh, ) (Entered: 12/28/2005)
2005-12-2835ORDER granting 34 Motion to Expedite . Signed by Judge Carl Barbier on 12/27/05. (plh, ) (Entered: 12/28/2005)
2005-12-2836MOTION to Stay Pending Appeal or, alter, for Stay to Permit OCC to seek a Stay in the Court of Appeals by Comptroller of the Currency of the United States. (plh, ) (Entered: 12/28/2005)
2005-12-2837ORDER granting 36 Motion to Stay . Signed by Judge Carl Barbier on 12/27/05. (plh, ) (Entered: 12/28/2005)
2006-01-0340ORDER OF JUDGMENT; denying defendant Comptroller of the Currency of the United States' motion to dismiss, or in the alternative, motion for summary judgment & granting plaintiff's cross-motion for summary judgment in accordance with order of 11/23/05 & ordering release by the Court to plaintiff of defendant's in camera response to order of 11/23/05 in accordance with order of 12/15/05. Signed by Judge Carl Barbier on 12/29/05.(sek, ) (Entered: 01/04/2006)
2006-03-0242TRANSCRIPT of Motion Hearing held on 11/16/05 before Judge Carl J. Barbier, re 33 Notice of Appeal. Court Reporter: Patricia Duroncelet-Ralph. (sek, ) (Entered: 03/02/2006)
2006-03-1043Certified and Transmitted Record on Appeal to US Court of Appeals re 33 Notice of Appeal. USCA Case Number 06-30032. (caa, ) (Entered: 03/15/2006)
2006-04-1144Appeal Record on Loan to Ellen M. Warwick re 33 Notice of Appeal - 1 Volume of Original Record, 1 accordian folder Envelopes. (dmg, ) (Entered: 04/18/2006)
2006-05-2445Appeal Record on Loan re 33 Notice of Appeal - 1 Volume of Original Record, 1 accordian folder of Exhibits,. (ala,) (Entered: 06/16/2006)
2006-12-0646Appeal Record Returned (original exhibits and/or non-electronic documents) from U.S. Court of Appeals: 33 Notice of Appeal (cak, ) (Entered: 12/12/2006)
2006-12-0647USCA JUDGMENT issued as mandate on 12/4/06 as to 33 Notice of Appeal filed by Comptroller of the Currency of the United States; Ordered and adjudged tha tthe jugment of the District Court is vactated, and the cause is remanded to the District Court for further proceedings not inconsistent with the opinion of this Court; Further Ordered that each party bear its own costs on appeal; USCA judge name: KING, HIGGINBOTHAM and GARZA. (Attachments: # 1 Opinion)(sek, ) (Entered: 12/14/2006)
2006-12-1548Order Remanding Case to Office of the Comptroller of Currency as set forth in document. Signed by Judge Carl Barbier on 12/15/06. (cc: Office of the Comptroller of Currency) (sek, ) (Entered: 12/15/2006)
2007-01-1149Receipt of Order remanding case to the Office of the Comptroller of the Currency. (sek, ) (Entered: 01/12/2007)
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