DEFAULT JUDGMENT is entered for Plaintiff against Defendants Dunes Mortgage LLC, Jeremy Eason, Thomas Darin Epps, Malia McCaffrey, Zereko Nevada Inc., Casa Mia Inc., East Coast Funding LLC, Theresa Feschuk, JJE Enterprises LLC, Linbrandt LLC, MAJ LLC, Prodigy Consulting LLC, Alissa Smith, Linda L. Steele, Synergy Investment Group LLC, West Coast Funding LLC, ZAG LLC, Billy James Barfield, Youval Geringer, David Thomas Hix, Jr., Myrtle Beach Villas LLC, and Mike Wimberly in the amount of $31,463,485.38. (hcic, ) (Entered: 01/02/2013)
TEXT ORDER: As ordered by the Court, Plaintiff has not shown good cause for its failure to execute service on Defendants Jacqueline Gray, Jeffrey Todd Shoup, and Atlantis Villas of NMB, LLC within 120 days of the date its complaint was filed. The Court hereby dismisses Defendants Jacqueline Gray, Jeffrey Todd Shoup, and Atlantis Villas of NMB, LLC from the action without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by The Honorable R. Bryan Harwell on 1/2/2013. (wtin, ) (Entered: 01/02/2013)
TEXT ORDER: The Court finds Plaintiff has failed to execute service on Defendants Jacqueline Gray, Jeffrey Todd Shoup, and Atlantis Villas of NMB, LLC within 120 days of the date its complaint was filed. The Court hereby gives notice to Plaintiff that, without good cause shown for its failure by THURSDAY, DECEMBER 27, 2012, Defendants Jacqueline Gray, Jeffrey Todd Shoup, and Atlantis Villas of NMB, LLC will be dismissed from the action without prejudice pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by The Honorable R. Bryan Harwell on 12/21/2012. (wtin, ) (Entered: 12/21/2012)
TEXT ORDER: Case no longer referred to Magistrate Judge Thomas E Rogers, III for pretrial management and motions. All pending motions are no longer referred to Magistrate Judge Thomas E Rogers, III. Signed by Honorable R Bryan Harwell on 12/21/2012. (hcic, ) (Entered: 12/21/2012)
ORDER. Mr. Biddle's request that the court reconsider the award of attorney's fees is denied. Signed by Magistrate Judge Thomas E Rogers, III on 12/20/2012. (hcic, )
230
Filed: 12/20/2012, Entered: None
ORDER. Mr. Biddle's request that the court reconsider the award of attorney's fees is denied. Signed by Magistrate Judge Thomas E Rogers, III on 12/20/2012. (hcic, ) (Entered: 12/20/2012)
TEXT ORDER. 226 MOTION for Default Judgment no longer referred to Magistrate Judge Thomas E Rogers, III. Signed by Honorable R Bryan Harwell on 12/19/2012. (hcic, ) (Entered: 12/19/2012)
MOTION for Default Judgment as to Defendants Dunes Mortgage LLC, Jeremy Eason, Thomas Darin Epps, Malia McCaffrey, Zereko Nevada Inc., Casa Mia Inc., East Coast Funding LLC, Theresa Feschuk, JJE Enterprises LLC, Linbrandt LLC, MAJ LLC, Prodigy Consulting LLC, Alissa Smith, Linda L. Steele, Synergy Investment Group LLC, West Coast Funding LLC, ZAG LLC, Billy James Barfield, Youval Geringer, David Thomas Hix, Jr., Myrtle Beach Villas LLC, and Mike Wimberly (RENEWED) by RBC Bank USA. Response to Motion due by 1/7/2013. (Attachments: # 1 Exhibit 1 - Affidavit of Hayley Webster, # 2 Exhibit 2 - Affidavit of David Dreifus)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Main Document 226 replaced on 12/20/2012 with corrected document as provided by filer) (hcic). (Entered: 12/19/2012)
CONSENT ORDER DISMISSING PLAINTIFF'S CLAIMS AGAINST ALVIN SHUMAN AND MCKEAN PROPERTIES LLC. Signed by Honorable R Bryan Harwell on 12/19/2012. (hcic, )
225
Filed: 12/19/2012, Entered: None
CONSENT ORDER DISMISSING PLAINTIFF'S CLAIMS AGAINST ALVIN SHUMAN AND MCKEAN PROPERTIES LLC. Signed by Honorable R Bryan Harwell on 12/19/2012. (hcic, ) (Entered: 12/19/2012)
STIPULATION of Dismissal With Prejudice as to Defendants Alvin Shuman and McKean Properties, LLC by McKean Properties LLC, RBC Bank USA, Alvin H Shuman. (Ogburn, Thomas) (Entered: 12/18/2012)
REPLY by RBC Bank USA to 215 Affidavit, 219 Order . (Attachments: # 1 Exhibit A Excerpts from Deposition of Alvin Shuman, Oct. 27, 2011, # 2 Exhibit B Nov. 1, 2011 Letter, # 3 Exhibit C Dec. 13, 2011 Letter)(Ogburn, Thomas) (Entered: 12/17/2012)
TEXT ORDER. The parties shall have five days from the date of this Order to file any Response to the Affidavit of James Marshall Biddle 215 . Signed by Magistrate Judge Thomas E Rogers, III on 12/14/2012. (hcic, ) (Entered: 12/14/2012)
STIPULATION of Dismissal With Prejudice as to Matthew Skinner by RBC Bank USA, Matthew Skinner. (Ogburn, Thomas) Modified on 12/7/2012 to add filer listed on document (hcic, ). (Entered: 12/06/2012)
ORDER granting 198 Motion for Extension of Time. Furthermore, additional attorney's fees are awarded to Plaintiff against attorney Marshall Biddle in the amount of $1,000.00. Mr. Biddle shall have ten days (10) of the date of this Order to submit evidence relating to his failure to participate in the discovery process if he wishes the court to reconsider this award of attorney's fees. Otherwise, payment should be made to Plaintiff within thirty (30) days of the date of this Order. Plaintiff's additional request for sanctions is denied. Finally, these Defendants are directed to produce their 2007 and 2008 tax returns and any other documents responsive to Second Discovery Requests for Production 9 and 10 within ten (10) days of the date of the Order. Signed by Magistrate Judge Thomas E Rogers, III on 11/20/2012.(prou, ) (Entered: 11/20/2012)
MOTION for Confidentiality Order by McKean Properties LLC, Alvin H Shuman. Response to Motion due by 12/6/2012. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Dudgeon, Amanda) (Entered: 11/19/2012)
TEXT ORDER DENYING 205 Motion for Leave to File Supplemental Brief in Response to Plaintiff's 158 Motion for Summary Judgment. An attorney for Defendants Shuman and McKean Properties, LLC, already filed a Response to the summary judgment motion on June 7, 2012. Now, Defendants request the court to allow new counsel to file a supplemental response almost four months later, after the plaintiff has already filed a Reply to the Response. Defendants have made no showing as to why the filing of a supplemental response is critical or necessary. Simply retaining new counsel is not a sufficient basis. Further, the Court does not wish to reward these defendants for disobeying court orders and failing to participate in discovery. (See Docket Entries 131 and 195). The Court will not re-start the time schedule for briefing on the motion for summary judgment and will consider the motion on the basis of the existing briefing. Signed by Honorable R Bryan Harwell on 11/19/2012.(mwel, ) (Entered: 11/19/2012)
RESPONSE in Opposition re 205 MOTION for Leave to File Supplemental Brief in Response to Plaintiff's Motion for Summary Judgment Response filed by RBC Bank USA.Reply to Response to Motion due by 10/12/2012 (Ogburn, Thomas) (Entered: 10/02/2012)
REPLY by RBC Bank USA to 204 Reply, 188 Affidavit,, . (Attachments: # 1 Exhibit A - E-mail from Shuman's counsel dated 07/11/2012, # 2 Exhibit B - Shuman Dep., pp. 70-71)(Ogburn, Thomas) (Entered: 10/02/2012)
MOTION for Leave to File Supplemental Brief in Response to Plaintiff's Motion for Summary Judgment by McKean Properties LLC, Alvin H Shuman. Response to Motion due by 10/15/2012. No proposed order.Motions referred to Thomas E Rogers, III.(Dudgeon, Amanda) (Main Document 205 replaced on 9/28/2012 with corrected document as requested by and provided by filer) (hcic, ). (Entered: 09/28/2012)
NOTICE of Telephone Status Conference:Telephone Status Conference set for 9/19/2012 at 10:30 AM before Magistrate Judge Thomas E Rogers III. Counsel for Alvin Shuman and McKean Properties, LLC, should initiate the call and have all parties on the line before calling the Court at (843) 676-3805. (hcic, ) (Entered: 09/17/2012)
TEXT ORDER granting 200 Motion for Telephone Status Conference. Signed by Magistrate Judge Thomas E Rogers, III on 9/17/2012.(hcic, ) (Entered: 09/17/2012)
MOTION for Telephone Status Conference by McKean Properties LLC, Alvin H Shuman. Response to Motion due by 10/1/2012. No proposed order.Motions referred to Thomas E Rogers, III.(Dudgeon, Amanda) (Entered: 09/14/2012)
RESPONSE in Opposition re 198 MOTION for Extension of Time Response filed by RBC Bank USA.Reply to Response to Motion due by 9/24/2012 (Ogburn, Thomas) (Entered: 09/13/2012)
MOTION for Extension of Time to File Reply to Order 195 Motion filed by McKean Properties LLC, Alvin H Shuman. Response to Motion due by 10/1/2012. No proposed order. (Dudgeon, Amanda) Modified on 9/13/2012 to correct event type. (hcic) Motions referred to Thomas E Rogers, III.(hcic, ) (Entered: 09/13/2012)
ORDER. Plaintiff is awarded attorney's fees in the amount of $3,864.00, to be paid by Defendants Alvin H. Shuman and McKean Properties and their attorney, Marshall Biddle, Esq., jointly and severally, within thirty ( 30) days of the date of this Order. Within ten (10) days of the date of this Order, these Defendants are directed to file a Response to the Affidavit 188 and address whether additional sanctions under Rule 37 are appropriate in this case. Signed by Magistrate Judge Thomas E Rogers, III on 8/22/2012. (hcic, )
195
Filed: 8/22/2012, Entered: None
ORDER. Plaintiff is awarded attorney's fees in the amount of $3,864.00, to be paid by Defendants Alvin H. Shuman and McKean Properties and their attorney, Marshall Biddle, Esq., jointly and severally, within thirty (30) days of the date of this Order. Within ten (10) days of the date of this Order, these Defendants are directed to file a Response to the Affidavit 188 and address whether additional sanctions under Rule 37 are appropriate in this case. Signed by Magistrate Judge Thomas E Rogers, III on 8/22/2012. (hcic, ) (Entered: 08/22/2012)
TEXT ORDER granting in part 180 Motion for Extension of Time. Signed by Magistrate Judge Thomas E Rogers, III on 8/15/2012.(hcic, ) (Entered: 08/15/2012)
THIRD CONSENT AMENDED SCHEDULING ORDER. Rule 26(a)(3) Disclosures due by 12/17/2012, Jury Selection Deadline 1/17/2013, Mediation Due by 12/17/2012. Motions in limine must be filed at least one week prior to trial. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 8/15/2012. (hcic, ) (Entered: 08/15/2012)
ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the R&R of the Magistrate Judge. IT IS THEREFORE ORDERED that Plaintiff's motion for default judgment against the defaulting defendants is DENIED without prejudice as premature. Signed by Honorable R Bryan Harwell on 8/13/2012. (prou, )
192
Filed: 8/13/2012, Entered: None
ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the R&R of the Magistrate Judge. IT IS THEREFORE ORDERED that Plaintiff's motion for default judgment against the defaulting defendants is DENIED without prejudice as premature. Signed by Honorable R Bryan Harwell on 8/13/2012. (prou, ) (Entered: 08/13/2012)
***DOCUMENT MAILED: 189 Order placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 08/01/2012)
AFFIDAVIT of David Dreifus re 181 Motion Hearing, Concering Adequacy of Discovery Responses of Defendants Alvin H. Shuman and Mckean Properties, LLC by RBC Bank USA. (Attachments: # 1 Affidavit of David Dreifus, # 2 Exhibit A Shuman and McKean Properties, LLCs First Discovery Responses, # 3 Exhibit B Shuman and McKean Properties, LLCs Second Discovery Responses, # 4 Exhibit C Signature Cards, # 5 Exhibit D Emails from February 2 and 3, 2012 )(Ogburn, Thomas). Modified on 8/2/2012 to replace with corrected document provided by filing user (prou, ). (Attachment 2 replaced with redacted document on 8/2/2012) (prou, ). (Entered: 08/01/2012)
AFFIDAVIT of Thomas L. Ogburn III re 181 Motion Hearing,,, re Discovery by RBC Bank USA. (Attachments: # 1 Exhibit 1 - Plaintiff's Second Discovery Requests to Defendants Alvin H. Shuman and McKean Properties, LLC)(Ogburn, Thomas) (Entered: 07/27/2012)
Minute Entry. Proceedings held before Magistrate Judge Thomas E Rogers, III: Motion Hearing held on 7/26/2012 re 135 Second MOTION to Compel filed by RBC Bank USA, 120 MOTION for Hearing re 83 Scheduling Order,, filed by RBC Bank USA. Attorney Thomas Lynn Ogburn III was present on behalf of Plaintiff, RBC Bank USA. J. Marshall Biddle, Attorney for Defendants, Shuman and McKean Properties, was not present at hearing. A text sent by Mr Biddle to Mr Ogburn was read into the record. Emails exchanged between the parties will be made a part of the record. Plaintiff's counsel is to provide to the Court an Affidavit of Expenses and a response as to whether or not he has received discovery and whether or not it complies with his discovery requests. These responses and affidavit are to be filed with the court by next Wednesday, August 1, 2012. Court Reporter Meredith Cotton, FTR. (swel, ) (Entered: 07/26/2012)
Joint MOTION for Extension of Time re: 83 - Deadlines in Second Consent Amended Scheduling Order by RBC Bank USA, Matthew Skinner. Response to Motion due by 8/13/2012. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Thomas E Rogers, III.(Ogburn, Thomas) Modified on 7/26/2012 to link correct event to associated event (dsto, ). (Entered: 07/26/2012)
***DOCUMENT MAILED: 177 Notice of Rescheduled Hearing, placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (plaintiff's attorney to inform of cancellation) (dsto, ) (Entered: 07/11/2012)
NOTICE OF RESCHEDULED MOTION HEARING 7/12/2012 @ 10:00 AM CANCELLED AND RESCHEDULED to: Motion Hearing on Motions 135 and 120 set for 7/26/2012 @ 10:00 AM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Magistrate Judge Thomas E Rogers III. (dsto, ) (Entered: 07/11/2012)
***DOCUMENT MAILED: 174 TEXT Order on Motion to Withdraw as Attorney placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 07/06/2012)
MOTION to Withdraw as Attorney - to Allow Gerald Meek to Withdraw as Counsel by RBC Bank USA. Response to Motion due by 7/20/2012 No proposed orderMotions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Main Document 173 replaced on 7/5/2012) (dsto, ). (Entered: 07/03/2012)
OBJECTION to 169 Report and Recommendations by RBC Bank USA.Reply to Objections due by 7/20/2012 (Ogburn, Thomas) (Main Document 172 replaced on 7/5/2012) (dsto, ). (Entered: 07/03/2012)
***DOCUMENT MAILED: 170 Notice of Hearing on Motion, 169 REPORT AND RECOMMENDATIONS placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 06/21/2012)
NOTICE OF HEARING ON MOTIONS 135 Second MOTION to Compel, 120 MOTION for Hearing : Motion Hearing set for 7/12/2012 @ 10:00 AM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Magistrate Judge Thomas E Rogers III. (dsto, ) (Entered: 06/21/2012)
REPORT AND RECOMMENDATIONS recommending that Plaintiffs Motion for Default Judgment 109 be denied as premature. Objections to R&R due by 7/9/2012 Signed by Magistrate Judge Thomas E Rogers, III on 06/20/2012. (Attachments: # 1 Notice of Right to File Objections)(dsto, ) (Entered: 06/21/2012)
***DOCUMENT MAILED : 167 Order placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 06/13/2012)
ORDER dismissing claims against Action Builders of Myrtle Beach LLC, John Marks. Signed by Honorable R Bryan Harwell on 06/12/2012. (dsto, ) (Entered: 06/13/2012)
REPLY to Response to Motion re 158 MOTION for Summary Judgment Against Defendant Alvin H. Shuman Response filed by RBC Bank USA. (Attachments: # 1 Exhibit Skinner Information, # 2 Exhibit Skinner Employment Offer)(Meek, Gerald) (Entered: 06/08/2012)
RESPONSE in Opposition re 158 MOTION for Summary Judgment Against Defendant Alvin H. Shuman Response filed by Alvin H Shuman.Reply to Response to Motion due by 6/18/2012 (Attachments: # 1 Affidavit Affidavit of Alvin H. Shuman)(Biddle, J) (Entered: 06/07/2012)
***DOCUMENT MAILED: 159 Roseboro Order, placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 05/03/2012)
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 158 MOTION for Summary Judgment Against Defendant Alvin H. Shuman. Response to Motion due by 6/7/2012. Signed by Magistrate Judge Thomas E Rogers, III on 05/02/2012. (dsto, ) (Main Document 159 replaced on 5/3/2012) (dsto, ). (Entered: 05/02/2012)
MOTION for Summary Judgment Against Defendant Alvin H. Shuman by RBC Bank USA. Response to Motion due by 5/18/2012 (Attachments: # 1 Memo in Support, # 2 INDEX TO EXHIBITS, # 3 Exhibit 1 through 3 (1 Quit Claim Deed, 2 Lopez HUD1, and 3 Shuman Deposition), # 4 Exhibit 4 through 22 (4 Javed Deed, 5 Javed Mortgage, 6 Gwin Javed Check, 7 Shuman Transfer to Diamond Real, 8 Diamond Real Signature Card, 9 Wire to AAA Building, 10 AAA Bank Statement, 11 AAA Account Control, 12 Davis v. Ajagbe, 13 Check to Hayes, 14 Hayes Order, 15 AAA Check to Gwin, 16 Deposit Slip for Check to Gwin, 17 Check to Celebrity Vacations, 18 Celebrity Account Control, 19 Putnam and Smith Information and Plea, 20 Wire to Investment Properties, 21 Wire to RAM Investment, and 22 Verghese Deposition), # 5 Exhibit 23 (part 1) Fifth Third Mortgage v. Verghese, # 6 Exhibit 23 (part 2) Fifth Third Mortgage v. Verghese, # 7 Exhibit 24 through 50 (24 Flagstar v. Verghese, 25 RAM Investments, 26 Riley Deed, 27 Riley Mortgage, 28 Riley Mortgage Assignment, 29 Dunes Mortgage Bank Statement, 30 Epps Plea Agreement, 31 Shuman Personal Check, 32 Cashier's Check to Gwin, 33 Gwin Riley Check, 34 Shuman Transfer to Personal Account, 35 2nd Check to Celebrity Vacations, 36 Cashier's Check to Celebrity Vacations, 37 Wire to Down to Earth Ventures, 38 Wimberly Ties to Ruddock, 39 Wimberly Real Estate License Information, 40 Smith Wire to Down to Earth Ventures, 41 Check to Riley, 42 1st Check to McZeal, 43 2nd Check to McZeal, 44 Lopez Deed, 45 Check to McKean, 46 Check to Epps, 47 Check to Mayberry, 48 Synergy Investments, 49 Marriage License, and 50 Mayberry Letter), # 8 Exhibit 51 through 60 (51 Lopez Mortgage, 52 Eason Controlled JJE, 53 Eason Indictment, 54 Eason Bench Warrant, 55 Warner Information and Plea, 56 RBC Centura Name Change, 57 Merger with PNC, 58 FDIC Certificates, 59 Holmes Information and Plea, 60 Zereko Nevada), # 9 Exhibit 61 through 63 (61 Affidavit of David Dreifus, 62 Subpoenas, 63 Custodian Affidavits))No proposed order(Meek, Gerald) (Entered: 05/01/2012)
***DOCUMENT MAILED: 155 Order placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 03/27/2012)
***DOCUMENT MAILED: 151 Order placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 03/23/2012)
ORDER dismissing J&M Mortgage Services, Inc., a/k/a Challenge Home Equity. Signed by Honorable R Bryan Harwell on 03/22/2012. (dsto, ) (Entered: 03/23/2012)
***DOCUMENT MAILED : 147 TEXT Order on Motion for Extension of Time to Complete Discovery placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 03/19/2012)
TEXT ORDER finding as moot 130 Motion for Extension of Time to Complete Discovery re: 145 Order. Signed by Honorable R Bryan Harwell on 03/19/2012.(dsto, ) (Entered: 03/19/2012)
***DOCUMENT MAILED : 145 Order placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 03/19/2012)
***DOCUMENT MAILED: 141 Order placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 03/15/2012)
ORDER dismissing defendants, Larry Prosser and Duplex Development, Inc.. Signed by Honorable R Bryan Harwell on 03/15/2012. (dsto, ) (Entered: 03/15/2012)
STIPULATION of Dismissal With Prejudice by Larry Prosser, RBC Bank USA, Duplex Development, Inc. (Meek, Gerald) Modified on 3/15/2012 to add filer listed on document (dsto, ). (Entered: 03/14/2012)
***DOCUMENT MAILED: 137 Order Ruling on Report and Recommendations placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Suite 321, North Myrtle Beach, SC 29582. (mcot, ) (Entered: 03/09/2012)
ORDER RULING ON REPORT AND RECOMMENDATION. The court adopts the Magistrate Judge's R&R in part. The R&R is adopted insofar as the Magistrate Judge recommends denying the Motion to Dismiss 45 as to Counts One and Two, and the court respectfully declines to adopt the R&R insofar as it recommends granting the Motion to Dismiss 45 as to Count Three. Accordingly, it is therefore ORDERED that Defendant Bridges' Motion to Dismiss 45 is hereby DENIED. Signed by Honorable R Bryan Harwell on 3/9/2012. (mcot, ) (Entered: 03/09/2012)
Second MOTION to Compel by RBC Bank USA. Response to Motion due by 3/19/2012 No proposed orderMotions referred to Thomas E Rogers, III.(Meek, Gerald) (Entered: 02/29/2012)
***DOCUMENT MAILED: 131 Order on Motion to Quash, Order on Motion to Compel, placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 02/14/2012)
ORDER denying 92 Motion to Quash; granting 101 Motion to Compel. Defendants Alvin H. Shuman, McKean Properties, LLC, and David OConnell shall serve their responses to Plaintiffs discovery requests within ten days of the date of this Order. Signed by Magistrate Judge Thomas E Rogers, III on 02/13/2012.(dsto, ) (Entered: 02/14/2012)
MOTION for Extension of Time to Complete Discovery of Defendant David L. Bridges, Jr. by RBC Bank USA. Response to Motion due by 2/24/2012 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Entered: 02/07/2012)
***DOCUMENT MAILED: 128 REPORT AND RECOMMENDATIONS placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 02/03/2012)
REPORT AND RECOMMENDATIONS recommending that Bridges Motion to Dismiss 45 be granted as to count three of Plaintiffs Complaint and denied as to counts one and two of Plaintiffs Complaint. Objections to R&R due by 2/21/2012. Signed by Magistrate Judge Thomas E Rogers, III on 02/03/2012. (Attachments: # 1 Notice of Right to File Objections)(dsto, ) (Entered: 02/03/2012)
***DOCUMENT MAILED 124 Order on Motion to Dismiss placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 and Joseph Gray, 13134 W. Florida Place, Lakewood, CO, 80228. (hcic, ) (Entered: 01/11/2012)
ORDER granting 121 Motion to Dismiss. Defendants Joseph Gray and Stonegate Properties Inc are dismissed from this action without prejudice. Signed by Honorable R Bryan Harwell on 1/11/2012.(hcic, ) (Entered: 01/11/2012)
MOTION to Dismiss Defendants Joseph Gray and Stonegate Properties by RBC Bank USA. Response to Motion due by 1/6/2012 (Attachments: # 1 Exhibit Ex A -- Gray Judgment, # 2 Exhibit Ex B -- Holmes Judgment)Proposed order is being emailed to chambers with copy to opposing counsel(Meek, Gerald) (Entered: 12/20/2011)
MOTION for Hearing re 83 Scheduling Order,, by RBC Bank USA. Response to Motion due by 1/6/2012 No proposed orderMotions referred to Thomas E Rogers, III.(Meek, Gerald) (Entered: 12/20/2011)
***DOCUMENT MAILED: 115 Consent Judgment placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 and Joseph Gray, 13134 W. Florida Place, Lakewood, CO, 80228 (dsto, ) (Entered: 11/16/2011)
CONSENT JUDGMENT. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that RBC Bank shall have and recover from Floyd judgment in the principal amount of $925,000.00, plus interest at the legal rate after judgment until paid infull. IT IS FURTHER ORDERED THAT RBC Banks claims against Trinity Development,LLC in this action shall be dismissed, without prejudice, and the remaining claims against Floyd shall be dismissed, with prejudice, pursuant to Fed. R. Civ. P. 41. Signed by Honorable R Bryan Harwell on 11/14/2011. (dsto, ) (Entered: 11/15/2011)
Joint MOTION for Entry of Judgment under Rule 54b against Theron Floyd and Dismissal of Trinity Development, LLC by Theron Floyd, RBC Bank USA, Trinity Development LLC. Response to Motion due by 11/21/2011 Proposed order is being emailed to chambers with copy to opposing counsel(Ogburn, Thomas) (Entered: 11/02/2011)
MOTION for Default Judgment as to Dunes Mortgage LLC, Jeremy Eason, Thomas Darin Epps, Malia McCaffrey, Zereko Nevada Inc., Casa Mia Inc., East Coast Funding LLC, Theresa Feschuk, JJE Enterprises LLC, Lindbrandt LLC, MAJ LLC, Prodigy Consulting LLC, Alissa Smith, Linda L. Steele, Synergy Investment Group LLC, West Coast Funding LLC, ZAG LLC, Billy James Barfield, Youval Geringer, David Thomas Hix, Jr., Myrtle Beach Villas LLC, and Mike Wimberly by RBC Bank USA. Response to Motion due by 10/24/2011 (Attachments: # 1 Exhibit 1 - Affidavit of Hayley Webster)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Entered: 10/07/2011)
***DOCUMENT MAILED: 107 TEXT Order on Motion to Withdraw, placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 and Joseph Gray, 13134 W. Florida Place, Lakewood, CO, 80228 (dsto, ) (Entered: 09/22/2011)
TEXT ORDER granting 105 Motion to Withdraw as to 101 MOTION to Compel as to Defendants John M. Warner, Jr. and Warfin Developers, LLC, only. Signed by Magistrate Judge Thomas E Rogers, III on 09/22/2011.(dsto, ) (Entered: 09/22/2011)
NOTICE of Request for Protection from Court Appearance by Wallace Herbert Jordan, Jr for September 19, 2011 through September 23, 2011 (Jordan, Wallace) (Entered: 09/14/2011)
MOTION to Withdraw 101 MOTION to Compel as to Defendants John M. Warner, Jr. and Warfin Developers, LLC, only, by RBC Bank USA. Response to Motion due by 9/6/2011 No proposed orderMotions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Entered: 08/18/2011)
***DOCUMENT MAILED : 102 Clerk's Entry of Default placed in U.S. Mail to Joseph Gray, 13134 W. Florida Pl, Lakewood, CO 80228 and David O'Connell, 1000 2nd Avenue Street, Ste 321, NMB, SC 29582 (dsto, ) (dsto, ) (Entered: 07/13/2011)
MOTION to Compel by RBC Bank USA. Response to Motion due by 7/25/2011 (Attachments: # 1 Exhibit A - Plaintiffs Interrogatories and Requests for Production of Documents directed to Alvin H. Shuman and McKean Properties, LLC, # 2 Exhibit B - Plaintiffs Interrogatories and Requests for Production of Documents directed to John M. Warner and Warfin Developers, LLC, # 3 Exhibit C - Plaintiffs Interrogatories and Requests for Production of Documents directed to David OConnell, # 4 Exhibit D - Letter from Plaintiff's Counsel dated June 10, 2011)No proposed orderMotions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Entered: 07/08/2011)
Rule 26(f) Report by Action Builders of Myrtle Beach LLC, David L Bridges, Jr, Duplex Development Inc, Theron Floyd, J&M Mortgage Services Inc, John Marks, McKean Properties LLC, Larry Prosser, RBC Bank USA, Alvin H Shuman, Matthew Skinner, Stonegate Properties Inc, Trinity Development LLC, Warfin Developers LLC, John M Warner, Jr.(Ogburn, Thomas) (Entered: 06/15/2011)
REPLY to Response to Motion re 92 MOTION to Quash Response filed by Robert Hedesh. (Attachments: # 1 Exhibit-Ethic's Opinion, # 2 Exhibit-Ethic's Opinion)(Dudgeon, Amanda) Modified on 6/14/2011 to decribe Exhibits (dsto, ). (Entered: 06/13/2011)
REQUEST FOR ENTRY OF DEFAULT against Defendants David Thomas Hix, Jr, Myrtle Beach Villas, LLC, Youval Geringer, and Mike Wimberly byRBC Bank USA. (Attachments: # 1 Exhibit A - Affidavit in Support of Request for Entry of Default, # 2 Exhibit 1 (to Affidavit) - Department of Defense Manpower Data Center Reports)(Ogburn, Thomas) (Entered: 06/07/2011)
RESPONSE in Opposition re 92 MOTION to Quash Response filed by RBC Bank USA.Reply to Response to Motion due by 6/13/2011 (Attachments: # 1 Exhibit A - excerpts from deposition of Robert A. Hedesh, Sept. 11, 2009, # 2 Exhibit B - excerpts from deposition of Robert A. Hedesh, July 7, 2010)(Ogburn, Thomas) (Entered: 06/01/2011)
MOTION to Quash by Robert Hedesh. Response to Motion due by 6/13/2011 (Attachments: # 1 Exhibit-Subpoena)No proposed order. Motions referred to Thomas E Rogers, III.(Dudgeon, Amanda) Modified on 5/26/2011 to add description to Exhibit (dsto, ). (Entered: 05/25/2011)
***DOCUMENT MAILED: 89 TEXT Order on Motion for Extension of Time placed in U.S. Mail to Joseph Gray, 13134 W. Florida Pl, Lakewood, CO 80228 and David O'Connell, 1000 2nd Avenue Street, Ste 321, NMB, SC 29582 (dsto, ) (Entered: 05/24/2011)
TEXT ORDER granting 88 Motion for Extension of Time to Serve Certain Defendants. Signed by Magistrate Judge Thomas E Rogers, III on 05/24/2011.(dsto, ) (Entered: 05/24/2011)
ORDER dismissing Warfin Developers LLC, and John M. Warner, Jr.. Signed by Honorable R Bryan Harwell on 03/27/2012. (dsto, )
145
Filed: 3/20/2012, Entered: None
ORDER dismissing defendant, David L. Bridges, Jr.. Signed by Honorable R Bryan Harwell on 03/19/2012. (dsto, )
141
Filed: 3/16/2012, Entered: None
ORDER dismissing defendants, Larry Prosser and Duplex Development, Inc.. Signed by Honorable R Bryan Harwell on 03/15/2012. (dsto, )
137
Filed: 3/10/2012, Entered: None
ORDER RULING ON REPORT AND RECOMMENDATION. The court adopts the Magistrate Judge's R&R in part. The R&R is adopted insofar as the Magistrate Judge recommends denying the Motion to Dismiss 45 as to Counts One and Two, an d the court respectfully declines to adopt the R&R insofar as it recommends granting the Motion to Dismiss 45 as to Count Three. Accordingly, it is therefore ORDERED that Defendant Bridges' Motion to Dismiss 45 is hereby DENIED. Signed by Honorable R Bryan Harwell on 3/9/2012. (mcot, )
131
Filed: 2/15/2012, Entered: None
ORDER denying 92 Motion to Quash; granting 101 Motion to Compel. Defendants Alvin H. Shuman, McKean Properties, LLC, and David OConnell shall serve their responses to Plaintiffs discovery requests within ten days of the date of this Order. Signed by Magistrate Judge Thomas E Rogers, III on 02/13/2012.(dsto, )
124
Filed: 1/12/2012, Entered: None
ORDER granting 121 Motion to Dismiss. Defendants Joseph Gray and Stonegate Properties Inc are dismissed from this action without prejudice. Signed by Honorable R Bryan Harwell on 1/11/2012.(hcic, )
MOTION for Extension of Time to Serve Certain Defendants by RBC Bank USA. Response to Motion due by 5/31/2011 (Attachments: # 1 Exhibit A - Affidavit of Attempted Service on Jacqueline Gray, # 2 Exhibit B - US Postal Service Records re Jeffrey Todd Shoup, # 3 Exhibit C - Affidavit of Non-Service on Jeffrey Todd Shoup and Atlantis Villas of NMB, LLC, # 4 Exhibit D - US Postal Service Records re Atlantis Villas of NMB, LLC)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Entered: 05/11/2011)
SUMMONS Returned Executed by RBC Bank USA. Youval Geringer served on 5/3/2011, answer due 5/24/2011; David Thomas Hix, Jr served on 5/7/2011, answer due 5/31/2011; Myrtle Beach Villas LLC served on 5/7/2011, answer due 5/31/2011; Mike Wimberly served on 5/6/2011, answer due 5/27/2011. (Attachments: # 1 Exhibit A - Service on Youval Geringer, # 2 Exhibit B - Service on Mike Wimberly, # 3 Exhibit C - Service on David Thomas Hix, Jr., # 4 Exhibit D - Service on Myrtle Beach Villas, LLC)(Ogburn, Thomas) (Entered: 05/11/2011)
CERTIFICATE OF SERVICE by RBC Bank USA re 80 Amended MOTION for Extension of Time - AMENDED JOINT MOTION TO EXTEND DEADLINES IN CONSENT AMENDED SCHEDULING ORDER AND THE DEADLINE FOR CERTAIN DISCLOSURES UNDER LOCAL CIVIL RULE 26.03 DSC (Ogburn, Thomas) (Entered: 05/02/2011)
***DOCUMENT MAILED: 82 Order on Motion for Extension of Time, 83 Scheduling Order placed in U.S. Mail to Joseph Gray, 13134 W. Florida Pl, Lakewood, CO 80228 and David O'Connell, 1000 2nd Avenue Street, Ste 321, NMB, SC 29582 (dsto, ) (Entered: 05/02/2011)
SECOND CONSENT AMENDED SCHEDULING ORDER. Rule 26(f) Conference Deadline 6/1/2011, 26(a) Initial Disclosures due by 1/2/2012, Amended Pleadings due by 11/1/2011, Plaintiffs ID of Expert Witness due by 1/2/2012, Defendants ID of Expert Witnesses Due by 2/15/2012, Records Custodian Affidavit due by 6/1/2012, Discovery due by 4/2/2012, Motions due by 5/1/2012, Rule 26(a)(3) Disclosures due by 8/17/2012, Jury Selection Deadline 9/17/2012, Mediation Due by 8/17/2012.Motions in limine must be filed by at least one week prior to trial. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for juryselection. Signed by Magistrate Judge Thomas E Rogers, III on 05/02/2011. (dsto, ) (Entered: 05/02/2011)
TEXT ORDER finding as moot 71 Motion for Extension of Time; granting 80 Motion for Extension of Time. Signed by Magistrate Judge Thomas E Rogers, III on 05/02/2011.(dsto, ) (Entered: 05/02/2011)
Amended MOTION for Extension of Time - AMENDED JOINT MOTION TO EXTEND DEADLINES IN CONSENT AMENDED SCHEDULING ORDER 20 AND THE DEADLINE FOR CERTAIN DISCLOSURES UNDER LOCAL CIVIL RULE 26.03 DSC by Action Builders of Myrtle Beach LLC, Theron Floyd, J&M Mortgage Services Inc, John Marks, McKean Properties LLC, RBC Bank USA, Alvin H Shuman, Matthew Skinner, Trinity Development LLC, Warfin Developers LLC, John M Warner, Jr. Response to Motion due by 5/16/2011 Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Entered: 04/29/2011)
SUGGESTION OF BANKRUPTCY Upon the Record as to Joseph Thomas Gray by RBC Bank USA. (Attachments: # 1 Exhibit A - Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, and Deadlines)(Ogburn, Thomas) (Entered: 04/28/2011)
***DOCUMENT MAILED: 76 Clerk's Entry of Default placed in U.S. Mail to Joseph Gray, 13134 W. Florida Pl, Lakewood, CO 80228 and David O'Connell, 1000 2nd Avenue Street, Ste 321, NMB, SC 29582 (dsto, ) (Entered: 04/24/2011)
RESPONSE in Opposition re 45 MOTION to Dismiss of David L. Bridges, Jr. Response filed by RBC Bank USA.Reply to Response to Motion due by 5/2/2011 (Attachments: # 1 Ifill v. West, 1999 U.S. Dist. LEXIS 21320 (E.D.N.Y. August 24, 1999) (unpublished), # 2 Friedman v. Hartmann, 1994 U.S. Dist. LEXIS 9727 (S.D.N.Y. July 15, 1994) (unpublished), # 3 Laverty v. Massad, 2009 U.S. Dist. LEXIS 55039 (D.Mass. March 10, 2009) (unpublished))(Ogburn, Thomas) (Entered: 04/21/2011)
REQUEST FOR ENTRY OF DEFAULT AGAINST BILLY JAMES BARFIELD byRBC Bank USA. (Attachments: # 1 Exhibit A - Affidavit in Support of Request for Entry of Default Against Billy James Barfield, # 2 Exhibit 1 (to Affidavit) - Department of Defense Manpower Data Center Report)(Ogburn, Thomas) (Entered: 04/21/2011)
***DOCUMENT MAILED: 45 MOTION to Dismiss placed in U.S. Mail to David O'Connell, 1000 2nd Avenue Street, Ste. 321, North Myrtle Beach, SC 29582 (dsto, ) (Entered: 04/20/2011)
Joint MOTION for Extension of Time TO EXTEND DEADLINES IN CONSENT AMENDED SCHEDULING ORDER 10 AND THE DEADLINE FOR CERTAIN DISCLOSURES UNDER LOCAL CIVIL RULE 26.03 by Action Builders of Myrtle Beach LLC, David L Bridges, Jr, Duplex Development Inc, Theron Floyd, John Marks, McKean Properties LLC, Larry Prosser, RBC Bank USA, Alvin H Shuman, Trinity Development LLC, Warfin Developers LLC, John M Warner, Jr. Response to Motion due by 5/5/2011. No proposed order. Motions referred to Thomas E Rogers, III.(Ogburn, Thomas) (Entered: 04/18/2011)
***DOCUMENT MAILED: 68 Clerk's Entry of Default, placed in U.S. Mail to Joseph Gray, 13134 W. Florida Pl, Lakewood, CO 80228 and David O'Connell, 1000 2nd Avenue Street, Ste 321, NMB, SC 29582 (dsto, ) (Entered: 04/18/2011)
Clerk's ENTRY OF DEFAULT re: 64 as to Casa Mia Inc, East Coast Funding LLC, Theresa Feschuk, JJE Enterprises LLC, Linbrandt LLC, MAJ LLC, Prodigy Consulting LLC, Alissa Smith, Linda L Steele, Synergy Investment Group LLC, West Coast Funding LLC, ZAG LLC per Judge Wooten's chambers(dsto) (Entered: 04/18/2011)
Local Rule 26.01 Answers to Interrogatories by Theron Floyd, Trinity Development LLC. (Attachments: # 1 Certificate of Service)(Bryan, William) (Entered: 04/15/2011)
REQUEST FOR ENTRY OF DEFAULT AGAINST CERTAIN DEFENDANTS (Synergy Investment Group LLC; JJE Enterprises LLC, aka J&J Enterprises; Prodigy Consulting, LLP; Linda L. Steele; Linbrandt, LLC; West Coast Funding, LLC; Theresa Feschuk; MAJ, LLC; ZAG, LLC; Alissa Smith; East Coast Funding, LLC; and Casa Mia, Inc. a/k/a Casa Mia Development, LLC) byRBC Bank USA. (Attachments: # 1 Exhibit A - Affidavit in Support of Request for Entry of Default, # 2 Exhibit 1 (to Affidavit) - Department of Defense Manpower Data Center Reports)(Ogburn, Thomas) (Entered: 04/13/2011)
CERTIFICATE OF SERVICE by Matthew Skinner re 57 Answer to Complaint, Answer to Amended Complaint, 60 Local Rule 26.01 Answers to Interrogatories (Diggs, William) (Entered: 04/12/2011)
Local Rule 26.01 Answers to Interrogatories with jury demand by Duplex Development Inc, Larry Prosser. (Attachments: # 1 Certificate of Service)(Peterson, James) (Entered: 04/11/2011)
ANSWER to 1 Complaint 22 Amended Complaint, by Larry Prosser and Duplex Development Inc. (Attachment: # 1 Certificate of Service)(Peterson, James) (Entered: 04/11/2011)
ANSWER to 1 Complaint, 22 Amended Complaint, by Matthew Skinner. (Diggs, William) Modified on 4/11/2011 to remove attachment and file separately as document 60 (dsto, ). (Entered: 04/08/2011)
CERTIFICATE OF SERVICE by Warfin Developers LLC, John M Warner, Jr re 49 Local Rule 26.01 Answers to Interrogatories (Jordan, Wallace) (Entered: 04/08/2011)
***DOCUMENT MAILED 53 Order on Motion for Extension of Time to File Response/Reply placed in U.S. Mail to David O'Connell 1000 2nd Avenue Street Ste. 321 North Myrtle Beach, SC 29582 and Joseph Gray 13134 W Florida Pl Lakewood, CO 80228 (swel, ) (Entered: 04/06/2011)
TEXT ORDER granting 50 Motion for Extension of Time to File Response/Reply Signed by Magistrate Judge Thomas E Rogers, III on 4/6/11.(swel, ) (Entered: 04/06/2011)
***DOCUMENT MAILED: 51 Roseboro Order, placed in U.S. Mail to Joseph Gray, 13134 W. Florida Pl, Lakewood, CO 80228 and David O'Connell, 1000 2nd Avenue Street, Ste 321, NMB, SC 29582 (dsto, ) (Entered: 04/06/2011)
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to 45 MOTION to Dismiss. Response to Motion due by 5/12/2011. Signed by Magistrate Judge Thomas E Rogers, III on 04/06/2011. (dsto, ) (Entered: 04/06/2011)
MOTION for Extension of Time to File Response/Reply as to 45 MOTION to Dismiss by RBC Bank USA. Response to Motion due by 4/25/2011. Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Thomas E Rogers, III.(Ogburn, Thomas) Modified on 4/6/2011 to remove proposed order (dsto, ). (Entered: 04/06/2011)
SUMMONS Returned Executed by RBC Bank USA. Matthew Skinner served on 3/23/2011, answer due 4/13/2011. (Attachments: # 1 Exhibit A - Proof of Service on Matthew Skinner)(Ogburn, Thomas) (Entered: 03/25/2011)
MOTION to Dismiss by David L Bridges, Jr. Response to Motion due by 4/11/2011 (Attachments: # 1 Memo in Support)No proposed order(Zayicek, Douglas) (Entered: 03/25/2011)
SUMMONS Returned Executed by RBC Bank USA. Duplex Development Inc served on 3/1/2011, answer due 3/22/2011; Theron Floyd served on 3/4/2011, answer due 3/25/2011; J&M Mortgage Services Inc served on 3/10/2011, answer due 3/31/2011; MAJ LLC served on 3/1/2011, answer due 3/22/2011; Larry Prosser served on 3/1/2011, answer due 3/22/2011; Stonegate Properties Inc served on 2/28/2011, answer due 3/21/2011; Trinity Development LLC served on 3/4/2011, answer due 3/25/2011; ZAG LLC served on 3/1/2011, answer due 3/22/2011. (Attachments: # 1 Exhibit A - Proof of Service for MAJ, LLC, # 2 Exhibit B - Proof of Service for ZAG, LLC, # 3 Exhibit C - Proof of Service for Stonegate Properties, Inc., # 4 Exhibit D - Proof of Service for Larry Prosser, # 5 Exhibit E - Proof of Service for Duplex Developments, Inc., # 6 Exhibit F - Proof of Service for J&M Mortgage Services, Inc., # 7 Exhibit G - Proof of Service for Theron Floyd, # 8 Exhibit H - Proof of Service for Trinity Development, LLC)(Ogburn, Thomas) (Entered: 03/23/2011)
CERTIFICATE OF SERVICE by RBC Bank USA re 22 Amended Complaint to Defendants Stonegate Properties, Inc. and Billy James Barfield (Ogburn, Thomas) (Entered: 03/23/2011)
CERTIFICATE OF SERVICE by McKean Properties LLC, Alvin H Shuman re 38 Local Rule 26.01 Answers to Interrogatories, 37 Answer to Complaint, Answer to Amended Complaint (Biddle, J) (Entered: 03/23/2011)
SUMMONS Returned Executed by RBC Bank USA. David L Bridges, Jr served on 2/23/2011, answer due 3/16/2011; Casa Mia Inc served on 2/24/2011, answer due 3/17/2011; East Coast Funding LLC served on 2/24/2011, answer due 3/17/2011; Theresa Feschuk served on 2/24/2011, answer due 3/17/2011; JJE Enterprises LLC served on 2/23/2011, answer due 3/16/2011; McKean Properties LLC served on 2/24/2011, answer due 3/17/2011; Prodigy Consulting LLC served on 2/23/2011, answer due 3/16/2011; Alvin H Shuman served on 2/24/2011, answer due 3/17/2011; Alissa Smith served on 2/24/2011, answer due 3/17/2011; Synergy Investment Group LLC served on 2/24/2011, answer due 3/17/2011. (Attachments: # 1 Exhibit A Proof of Service for Synergy Investment Group, LLC, # 2 Exhibit B Proof of Service for Theresa Feshuk, # 3 Exhibit C Proof of Service for JJE Enterprises, LLC, # 4 Exhibit D Proof of Service for Prodigy Consulting, LLP, # 5 Exhibit E Proof of Service for David Bridges, # 6 Exhibit F Proof of Service for Alvin H. Shuman, # 7 Exhibit G Proof of Service for McKean Properties, LLC, # 8 Exhibit H Proof of Service for Alissa Smith, # 9 Exhibit I Proof of Service for East Coast Funding, # 10 Exhibit J Proof of Service for Casa Mia, Inc., # 11 Exhibit K Certificate of Service for Amendment to Complaint (02/28/11), # 12 Exhibit L - Certificate of Service for Amendment to Complaint (03/10/11))(Ogburn, Thomas) (Attachment 11 replaced on 3/14/2011) (dsto, ). (Attachment 12 replaced on 3/14/2011) (dsto, ). (Entered: 03/10/2011)
CERTIFICATE OF SERVICE by RBC Bank USA re 22 Amended Complaint to Defendants David Bridges; Alvin H. Shuman; McKean Properties, LLC; MAJ, LLC; ZAG, LLC; Larry Prosser; and Duplex Development, Inc. (Ogburn, Thomas) (Entered: 03/10/2011)
REQUEST FOR ENTRY OF DEFAULT against Zereko Navada, Inc., by RBC Bank USA. (Attachments: # 1 Affidavit Exhibit A-Affidavit in Support) (Ogburn, Thomas) Modified on 3/8/2011 to correct event type per chambers (dsto, ). (Entered: 03/08/2011)
REQUEST FOR ENTRY OF DEFAULT against Thomas Darin Epps, Dunes Mortgage LLC, Jeremy Eason and Malia McCaffrey by RBC Bank USA. (Attachments: # 1 Affidavit Exhibit A-Affidavit in Support, # 2 Exhibit 1-(to Affidavit)-Military Status Reports) (Ogburn, Thomas) Modified on 3/8/2011 to correct event type requested by chambers (dsto, ). (Entered: 03/08/2011)
John Marks and Action Builders of Myrtle Beach, LLC's ANSWER to 22 Amended Complaint by Action Builders of Myrtle Beach LLC, John Marks.(Calamari, Robert) (Entered: 03/04/2011)
Answer of Defendants John M. Warner, Jr. and Warfin Developers, LLC ANSWER to 22 Amended Complaint by John M Warner, Jr.(Jordan, Wallace) Modified on 3/9/2011 to edit text (dsto, ). (Main Document 24 replaced on 3/9/2011) (dsto, ). (Entered: 03/04/2011)
***DOCUMENT MAILED: 19 TEXT Order; 20 Scheduling Order placed in U.S. Mail to Joseph Gray, 13134 W. Florida Place, Lakewood, CO 80228 (dsto, ) (Entered: 02/23/2011)
CONSENT AMENDED SCHEDULING ORDER. Rule 26(f) Conference Deadline 4/15/2011, 26(a) Initial Disclosures due by 5/1/2011, Rule 26 Report due by 5/1/2011, Amended Pleadings due by 5/26/2011, Plaintiffs ID of Expert Witness due by 6/27/2011, Defendants ID of Expert Witnesses Due by 7/27/2011, Records Custodian Affidavit due by 1/17/2012, Discovery due by 12/5/2011, Motions due by 12/20/2011, Rule 26(a)(3) Disclosures due by 1/17/2012, Jury Selection Deadline 2/18/2012, Mediation Due by 1/17/2012. Motions in limine must be filed at least one week prior to date of trial. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Magistrate Judge Thomas E Rogers, III on 02/23/2011. (dsto, ) (Entered: 02/23/2011)
SUMMONS Returned Executed by RBC Bank USA. Joseph Gray served on 1/27/2011, answer due 2/17/2011; West Coast Funding LLC served on 2/9/2011, answer due 3/2/2011. (Attachments: # 1 Exhibit A - Affidavit of Service for West Coast Funding, LLC, # 2 Exhibit B - Affidavit of Service for Joseph Gray)(Ogburn, Thomas) (Entered: 02/23/2011)
SUMMONS Returned Executed by RBC Bank USA. - Affidavit of Service Action Builders of Myrtle Beach LLC served on 1/31/2011, answer due 2/22/2011; Billy James Barfield served on 2/9/2011, answer due 3/2/2011; Dunes Mortgage LLC served on 1/22/2011, answer due 2/14/2011; Jeremy Eason served on 1/22/2011, answer due 2/14/2011; Thomas Darin Epps served on 1/22/2011, answer due 2/14/2011; Linbrandt LLC served on 2/8/2011, answer due 3/1/2011; John Marks served on 1/27/2011, answer due 2/17/2011; Malia McCaffrey served on 1/22/2011, answer due 2/14/2011; David O'Connell served on 1/28/2011, answer due 2/18/2011; Linda L Steele served on 2/8/2011, answer due 3/1/2011; Warfin Developers LLC served on 1/24/2011, answer due 2/14/2011; John M Warner, Jr served on 1/24/2011, answer due 2/14/2011; Zereko Nevada Inc served on 1/27/2011, answer due 2/17/2011. (Attachments: # 1 Exhibit A - Service on T. Darin Epps, # 2 Exhibit B - Service on Dunes Mortgage, LLC, # 3 Exhibit C - Service on Jeremy Eason, # 4 Exhibit D - Service on Malia McCaffrey, # 5 Exhibit E - Service on Linda L. Steele, # 6 Exhibit F - Service on Linbrandt LLC, # 7 Exhibit G - Service on Zereko Nevada, Inc., # 8 Exhibit H - Service on John M. Warner, # 9 Exhibit I - Service on Warfin Developers, LLC, # 10 Exhibit J - Service on John Marks, # 11 Exhibit K - Service on Action Builders of Myrtle Beach, LLC, # 12 Exhibit L - Service on David O'Connell, # 13 Exhibit M - Service on Billy James Barfield)(Ogburn, Thomas) (Entered: 02/16/2011)
ORDER REFERRING CASE to Magistrate Judge Thomas E Rogers, III FOR FULL PRE TRIAL, NON DISPOSITIVE MOTIONS. Signed by Honorable Terry L Wooten on 2/14/2011. Motions referred to Thomas E Rogers, III.(prou, ) (Entered: 02/14/2011)
MOTION for Extension of Time - Deadlines in the Scheduling Order by RBC Bank USA. Response to Motion due by 2/28/2011 No proposed order(Ogburn, Thomas) (Entered: 02/11/2011)
CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 3/1/2011, 26(a) Initial Disclosures due by 3/15/2011, Rule 26 Report due by 3/15/2011, Amended Pleadings due by 4/11/2011, Plaintiffs ID of Expert Witness due by 5/11/2011, Defendants ID of Expert Witnesses Due by 6/9/2011, Records Custodian Affidavit due by 12/2/2011, Discovery due by 10/20/2011, Motions due by 11/4/2011, Rule 26(a)(3) Disclosures due by 12/2/2011, Jury Selection Deadline 1/3/2012, ADR Statement due by 11/4/2011, Mediation Due by 12/2/2011. Motions in limine must be filed at least one week prior to date of trial. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable Terry L Wooten on 2/9/2011. (prou, ) (Entered: 02/09/2011)
Local Rule 26.01 Answers to Interrogatories by Action Builders of Myrtle Beach LLC, John Marks.(Calamari, Robert). Modified on 2/9/2011 to replace with corrected document provided by filing user (prou, ). (Entered: 02/08/2011)
ANSWER to Complaint by Action Builders of Myrtle Beach LLC, John Marks.(Calamari, Robert). Modified on 2/9/2011 to replace with corrected document provided by filing user (prou, ). (Entered: 02/08/2011)
MOTION to Appear Pro Hac Vice by David Dreifus ( Filing fee $ 250 receipt number 0420-3166178) by RBC Bank USA. Response to Motion due by 2/14/2011 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission, # 2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Ogburn, Thomas) (Entered: 01/26/2011)
Summons Issued as to Action Builders of Myrtle Beach LLC, Atlantis Villas of NMB LLC, Billy James Barfield, David L Bridges, Jr, Casa Mia Inc, Dunes Mortgage LLC, Duplex Development Inc, Jeremy Eason, East Coast Funding LLC, Thomas Darin Epps, Theresa Feschuk, Theron Floyd, Youval Geringer, Jacqueline Gray, Joseph Gray, David Thomas Hix, Jr, Kenneth Paul Holmes, J&M Mortgage Services Inc, JJE Enterprises LLC, Linbrandt LLC, MAJ LLC, John Marks, Malia McCaffrey, McKean Properties LLC, Myrtle Beach Villas LLC, David O'Connell, Prodigy Consulting LLC, Larry Prosser, Jeffery Todd Shoup, Alvin H Shuman, Matthew Skinner, Alissa Smith, Linda L Steele, Stonegate Properties Inc, Synergy Investment Group LLC, Trinity Development LLC, Warfin Developers LLC, John M Warner, Jr, West Coast Funding LLC, Mike Wimberly, ZAG LLC, Zereko Nevada Inc. (prou, ) (Entered: 01/18/2011)
COMPLAINT against Action Builders of Myrtle Beach LLC, Atlantis Villas of NMB LLC, Billy James Barfield, David L Bridges, Jr, Casa Mia Inc, Dunes Mortgage LLC, Duplex Development Inc, Jeremy Eason, East Coast Funding LLC, Thomas Darin Epps, Theresa Feschuk, Theron Floyd, Youval Geringer, Jacqueline Gray, Joseph Gray, David Thomas Hix, Jr, Kenneth Paul Holmes, J&M Mortgage Services Inc, JJE Enterprises LLC, Linbrandt LLC, MAJ LLC, John Marks, Malia McCaffrey, McKean Properties LLC, Myrtle Beach Villas LLC, David O'Connell, Prodigy Consulting LLC, Larry Prosser, Jeffery Todd Shoup, Alvin H Shuman, Matthew Skinner, Alissa Smith, Linda L Steele, Stonegate Properties Inc, Synergy Investment Group LLC, Trinity Development LLC, Warfin Developers LLC, John M Warner, Jr, West Coast Funding LLC, Mike Wimberly, ZAG LLC, Zereko Nevada Inc ( Filing fee $ 350 receipt number 0420-3147380.), filed by RBC Bank USA.(prou, ) (Entered: 01/18/2011)
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