The bank that took over the bank suing a Georgia congressman and a state lawmaker filed documents Friday indicating it would pursue the lawsuit.
Attorneys for Hamilton State Bank filed a motion Friday to join the suit involving Bartow County Bank and Tich Hospitalities, a company formerly run by U.S. Rep. Tom Graves, R-Georgia, and state Senate Majority Leader Chip Rogers, R-Woodstock.
The suit, filed in January 2010, alleges that a motel run by Tich defaulted on a loan for $2.25 million to Bartow County Bank. It also claims that Graves moved some of his collateral property to a trust to make it more difficult for the bank to collect.
Graves and Rogers filed a counterclaim in March 2010 stating that the bank had allowed the company, Tich Hospitalities, to refinance the loan in November 2009. The lawmakers say the bank then reneged on the agreement.
Bartow County Bank failed and was taken over by the Federal Deposit Insurance Corp. and Hamilton State Bank. The filings Friday signal that the suit will move on.
Graves declined to comment Friday.
Attorneys also filed a response to Graves' and Rogers' request that Tich's banking documents remain private, but the document was not available Friday.
Notice of depositions for Graves and Rogers also were filed, but the depositions - sworn testimony used in the fact-finding portion of the case - will remain sealed for now.
The bank's attorneys have asked for partial summary judgment from a judge, but the document did not hint at a time frame for the decision.
According to court documents, Graves' attorney Simon Bloom has notified court officials he will be unavailable for action May 27 to June 3. A stipulation in the Georgia code also would keep Rogers, recently named legislator of the year by James Magazine cq, out of court during a special legislative session this summer.