Court filing
Exhibit B- 5/1/2020 Email from Paul J. Nathanson to John Wirt — Agent Fee Litigation (Dkt. 14.2)
Summary
Exhibit B, an email chain between Paul J. Nathanson of Davis Polk & Wardwell LLP and plaintiff's counsel John Wirt in Sport & Wheat v. Synovus et al., NDFL 3: 20-cv-5425, with messages dated from April 27, 2020 to May 1, 2020. The chain opens with Wirt sending the complaint to Synovus's general counsel and asking whether Synovus will accept service. Nathanson, responding for Synovus Trust Company, N.A., states that Synovus Bank is the Paycheck Protection Program lender and that the April 28 attempted service at a bank branch was not effective. Wirt agrees in principle and proposes also naming Synovus Financial Corp. as a defendant. In the May 1, 2020 message, Nathanson attaches a stipulation that the attempted service was ineffective, so the 21 days to move to dismiss would run from service of the amended complaint.
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Full text
Exhibit B
Nathanson, Paul J.
From: Nathanson, Paul J.
Sent: Friday, May 1, 2020 4:31 PM
To: 'jwirt@wirtlawfirm.com'
Cc: akamensky@synovus.com; 'Brand Jr.,Robert C'; 'Jim Butler'; 'Philip Bates'; Tahyar,
Margaret E.; pcwirt@wirtlawfirm.com
Subject: RE: Sport & Wheat v. Synovus et al. NDFL 3: 20-cv-5425
Attachments: 2020.05.01 Stipulation.pdf
Dear Mr. Wirt:
In accordance with our agreement reached yesterday please find attached a stipulation that can be filed with the Court
to make it clear the attempted service on 4/28 was ineffective. (The process server pulled up to a drive-through window
of a branch of Synovus Bank (not Synovus Trust) and asked for the branch manager, and gave her the documents. She is
not an officer of Synovus Trust, nor the registered agent. She is not even an employee of Synovus Trust.)
This way we can be sure that the 21 days within which we must file our motion to dismiss does not commence to run
until, per our agreement, you have served upon me the amended complaint and I have accepted service.
Thank you for your cooperation. Please sign the Stipulation and scan it back to me by email.
Best regards,
Paul Nathanson
From: jwirt@wirtlawfirm.com <jwirt@wirtlawfirm.com>
Sent: Thursday, April 30, 2020 8:22 PM
To: Nathanson, Paul J. <paul.nathanson@davispolk.com>
Cc: akamensky@synovus.com; 'Brand Jr.,Robert C' <robertbrand@synovus.com>; 'Jim Butler' <jim@butlerwooten.com>;
'Philip Bates' <pbates@philipbates.net>; Tahyar, Margaret E. <margaret.tahyar@davispolk.com>;
pcwirt@wirtlawfirm.com
Subject: RE: Sport & Wheat v. Synovus et al. NDFL 3: 20-cv-5425
Dear Mr. Nathanson:
Thank you for your e-mail. This is acceptable to us, and we so stipulate.
Best regards,
John Wirt
From: Nathanson, Paul J. <paul.nathanson@davispolk.com>
Sent: Thursday, April 30, 2020 1:55 PM
To: John Wirt <jwirt@wirtlawfirm.com>
Cc: akamensky@synovus.com; Brand Jr.,Robert C <robertbrand@synovus.com>; Jim Butler <jim@butlerwooten.com>;
Philip Bates <pbates@philipbates.net>; Tahyar, Margaret E. <margaret.tahyar@davispolk.com>
Subject: RE: Sport & Wheat v. Synovus et al. NDFL 3: 20-cv-5425
Mr. Wirt,
1
Thank you for your email. If you stipulate prior service was not effective and you determine to amend your complaint to
name Synovus Bank and Synovus Financial Corp., I will be authorized to accept service on behalf of both entities, or
alternatively to waive service under Rule 4(d) if you would like us to do so. At this point, it is premature to discuss a
26(f) conference.
Best regards,
Paul J. Nathanson
Davis Polk & Wardwell LLP
901 15th Street NW | Washington, DC 20005
+1 202 962 7055 tel | +1 202 631 4955 mobile
paul.nathanson@davispolk.com
Confidentiality Note: This email is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. Unauthorized use, dissemination, distribution or copying of this email or the information herein or taking any action in reliance on the contents of
this email or the information herein, by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is
strictly prohibited. If you have received this email in error, please notify the sender immediately and destroy the original message, any attachments thereto and all copies.
Please refer to the firm's Privacy Notice for important information on how we process personal data. Our website is at www.davispolk.com.
From: John Wirt <jwirt@wirtlawfirm.com>
Sent: Wednesday, April 29, 2020 6:41 PM
To: Nathanson, Paul J. <paul.nathanson@davispolk.com>
Cc: akamensky@synovus.com; Brand Jr.,Robert C <robertbrand@synovus.com>; Jim Butler <jim@butlerwooten.com>;
Philip Bates <pbates@philipbates.net>; Tahyar, Margaret E. <margaret.tahyar@davispolk.com>
Subject: Re: Sport & Wheat v. Synovus et al. NDFL 3: 20-cv-5425
Dear Mr. Nathanson:
I confirm receipt of your email. I have not had a chance to completely focus on your email as I have some personal
matters that I have been attending to. I will be back in the office on Friday.
That being said, in principle your proposal makes sense and one we are inclined to accept. We believe, however, that
we should also name Synovus Financial Corp., the parent entity, as a defendant. Can you confirm that you have
authority to accept service for both entities and are you amenable to holding a 26(f) conference next week?
Thanks again for your email and I apologize for the delay in responding.
Best,
John Wirt
847-323-4082
On Apr 29, 2020, at 4:18 PM, Nathanson, Paul J. <paul.nathanson@davispolk.com> wrote:
Mr. Wirt, Following up on the below, could you please confirm receipt of my email?
Thank you,
2
Paul J. Nathanson
Davis Polk & Wardwell LLP
901 15th Street NW | Washington, DC 20005
+1 202 962 7055 tel | +1 202 631 4955 mobile
paul.nathanson@davispolk.com
Confidentiality Note: This email is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. Unauthorized use, dissemination, distribution or copying of this email or the information herein or taking any action in reliance on the contents of
this email or the information herein, by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is
strictly prohibited. If you have received this email in error, please notify the sender immediately and destroy the original message, any attachments thereto and all copies.
Please refer to the firm's Privacy Notice for important information on how we process personal data. Our website is at www.davispolk.com.
From: Nathanson, Paul J.
Sent: Tuesday, April 28, 2020 6:37 PM
To: 'jwirt@wirtlawfirm.com' <jwirt@wirtlawfirm.com>
Cc: akamensky@synovus.com; Brand Jr.,Robert C <robertbrand@synovus.com>; 'Jim Butler' <jim@butlerwooten.com>;
Philip Bates <pbates@philipbates.net>; Tahyar, Margaret E. <margaret.tahyar@davispolk.com>
Subject: RE: Sport & Wheat v. Synovus et al. NDFL 3: 20-cv-5425
Dear Mr. Wirt,
I’m responding on behalf of Synovus Trust Company, N.A., to advise you that Synovus Bank, not Synovus Trust Company,
is the lender under the Paycheck Protection Program. Synovus Trust Company has nothing to do with that program. We
want to save the Court time: there’s little point in filing a motion to dismiss on that basis when you can amend the
complaint to drop Synovus Trust Company and add Synovus Bank. So, we respectfully suggest that you amend your
complaint and then send it to me.
I understand service of the complaint was attempted today at a drive-in window of a branch of Synovus Bank (not
Synovus Trust) in Pensacola. That was not effective service on Synovus Trust Company. The problem is, of course, that
if you contend that is effective service, we have to deem the 21 days to file a motion to dismiss to have started today.
We ask that you stipulate same was not effective service, amend your complaint, serve the amended complaint upon
me, and then in that event I am authorized to accept service on behalf of Synovus Bank. Then we can file our motion to
dismiss without burdening the Court with issues that can readily be resolved.
Thank you for your consideration.
Best regards,
Paul J. Nathanson
Davis Polk & Wardwell LLP
901 15th Street NW | Washington, DC 20005
+1 202 962 7055 tel | +1 202 631 4955 mobile
paul.nathanson@davispolk.com
Confidentiality Note: This email is intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure. Unauthorized use, dissemination, distribution or copying of this email or the information herein or taking any action in reliance on the contents of
this email or the information herein, by anyone other than the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, is
strictly prohibited. If you have received this email in error, please notify the sender immediately and destroy the original message, any attachments thereto and all copies.
Please refer to the firm's Privacy Notice for important information on how we process personal data. Our website is at www.davispolk.com.
3
Begin forwarded message:
From: "jwirt@wirtlawfirm.com" <jwirt@wirtlawfirm.com>
Date: April 27, 2020 at 10:24:36 AM EDT
To: "Kamensky,Allan E" <AKamensky@synovus.com>
Cc: "pcwirt@wirtlawfirm.com" <pcwirt@wirtlawfirm.com>
Subject: [EXTERNAL] RE: Sport & Wheat v. Synovus et al. NDFL 3: 20-cv-5425
Dear Mr. Kamensky:
We understand that you are the General Counsel for Synovus.
Attached is a copy of the complaint in the above-referenced matter that was filed against Synovus
yesterday.
Please advise if you will accept service.
Thank you.
Respectfully,
John Wirt
847-323-4082
4
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- gov.uscourts.flnd.190491.14.2.pdf
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