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Suit Against Receiver Dismissed, Eleventh Circuit Affirms Motion

November 24, 2009

John Rogers and Joe Kingma successfully obtained dismissal of a federal lawsuit against a receiver. Carlock Copeland’s client is the court-appointed receiver for three large truck stops, which had allegedly been operating as a racketeering enterprise. Following the receiver’s threats to foreclose on a security deed, the new operators sued in federal court, claiming the receiver had wrongfully seized their property. On less than 24 hours’ notice, Joe Kingma flew to Brunswick and blocked the plaintiffs’ efforts to obtain an injunction. Meanwhile, back in Atlanta, Andrew Eaton took the lead on drafting a motion to dismiss the plaintiffs’ claims with John Rogers contributing as well. The Court dismissed the lawsuit before the receiver ever had to incur the expense of discovery. The plaintiffs have appealed, so stay tuned for what could be a reported decision from the Eleventh Circuit.

UPDATE – Eleventh Circuit Affirms Motion to Dismiss in Suit Against Receiver
John Rogers and Joe Kingma had their recent grant of dismissal affirmed by the Eleventh Circuit on November 24, 2009. A federal judge in the Southern District of Georgia dismissed the lawsuit before discovery ever began, and the Eleventh Circuit unanimously affirmed. A Supreme Court appeal is possible, so stay tuned.

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For informational purposes only. Past success does not indicate the likelihood of success in future cases.