Bank of America files response to Brian Davis' motion to return his $5.1 billion bank draft


We’ve got more news on the Brian Davis vs. Bank of America front: BOA has indeed entered an appearance for Davis’ lawsuit seeking his $5.1 billion bank draft back, via counsel McGuire Woods LLP.

On Wednesday, U.S. District Judge Deborah L. Boardman entered an opinion on the case – which saw Davis’ company, Urban Echo Energy, file a motion for a temporary restraining order to get his bank draft back immediately – stating there would be no official judgment until Bank of America was heard from.

That opinion from Boardman invoked Rule 65 of the federal codes on filing injunctions and order, and stated that “the facts in the complaint and in Mr. Davis’s verified statement in support of the emergency motion do not satisfy Rule 65(b)(1)(A), so I will not rule on the motion without first hearing from BOA.”

Boardman’s opinion also gave Urban Echo until noon Thursday to inform the court if they’ve talked to Bank of America’s counsel and anticipates them entering an appearance, which has happened.

Legal analyst Daniel Wallach of The Athletic Tweeted photos of Bank of America’s response, and also said to “look for McGuire Woods to file both a response in opposition to the motion for a temporary restraining order AND a motion to dismiss the complaint for failure to state a viable cause of action, ETA sometime next week.”

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