Yates v. BB&T Corp
Federal Civil Lawsuit South Carolina District Court, Case No. 4:17-cv-01387-AMQ
Magistrate Judge Bruce Howe Hendricks, presiding

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Last Updated December 4, 2018 at 11:31 PM ST (2.4 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Jesse Graves Yates, III, Plaintiff

Toggle Switch Represented by Jesse Graves Yates, III

Name Phone Fax E-Mail
Space Jesse Graves Yates, III
v.
No Logo BB&T Corp, Defendant

Toggle Switch Represented by Law Offices of JOHN GREGORY PERRY

Name Phone Fax E-Mail
, John Chrisman Hawk, IV +1 843 722 3400 jhawk@wcsr.com
, Greg Horton +1 843 722 3400 +1 843 723 7398 ghorton@wcsr.com
Citation Section 15 U.S.C. § 1601
Nature of Suit Truth in Lending
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Legal Document (Payment Possibly Required) 47 Filed: 7/23/2018, Entered: None Unknown Document Type
ORDER RULING ON REPORT AND RECOMMENDATION for 40 Report and Recommendation. Defendants Motion to Dismiss (ECF No. 29) is hereby GRANTED and Plaintiffs Supplemental Complaint (ECF No. 1-1) is DISMISSED WITH PREJUDICE. Signed by Honorable A Marvin Quattlebaum, Jr on 7/23/18. (swel, )
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    Legal Document (Payment Possibly Required) 35 Filed: 9/15/2017, Entered: None Unknown Document Type
    SUPPLEMENT by Jesse Graves Yates, III to 32 Response in Opposition to Motion. (prou, ) (Entered: 09/18/2017)
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      Legal Document (Payment Possibly Required) 34 Filed: 9/13/2017, Entered: None Unknown Document Type
      CERTIFICATE OF SERVICE by BB&T Corp re 33 Reply to Response to Motion (Hawk, John) (Entered: 09/13/2017)
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        Legal Document (Payment Possibly Required) 33 Filed: 9/8/2017, Entered: None Unknown Document Type
        REPLY to Response to Motion re 29 MOTION to Dismiss Supplemental Complaint Response filed by BB&T Corp. (Hawk, John) (Entered: 09/08/2017)
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          Legal Document (Payment Possibly Required) 32 Filed: 9/5/2017, Entered: None Unknown Document Type
          RESPONSE in Opposition re 29 MOTION to Dismiss Supplemental Complaint Response filed by Jesse Graves Yates, III.Reply to Response to Motion due by 9/12/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (prou, ) Modified on 9/18/2017; see document # 35 for Supplement (prou, ). (Entered: 09/06/2017)
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            Legal Document (Payment Possibly Required) 31 Filed: 9/1/2017, Entered: None Unknown Document Type
            ***DOCUMENT MAILED: 30 Roseboro Order w/NEF, placed in U.S. Mail to Jesse Graves Yates, III, 2000 Greens Boulevard, 14D, Myrtle Beach, SC 29577. (prou, ) (Entered: 09/01/2017)
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              Legal Document (Payment Possibly Required) 30 Filed: 9/1/2017, Entered: None Unknown Document TypeCourt Filing
              ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 29 MOTION to Dismiss Supplemental Complaint by 10/2/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 9/1/2017. (prou, ) (Entered: 09/01/2017)
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                Legal Document (Payment Possibly Required) 29 Filed: 8/31/2017, Entered: None Unknown Document Type
                MOTION to Dismiss Supplemental Complaint by BB&T Corp. Response to Motion due by 9/14/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A - Complaint, # 3 Exhibit B - Order Granting Defendants' Motion to Dismiss, # 4 Certificate of Service)No proposed order.Motions referred to Kaymani D West.(Hawk, John) Modified on 9/1/2017 to add descriptions to exhibits (prou, ). (Entered: 08/31/2017)
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                  Legal Document (Payment Possibly Required) 26 Filed: 8/10/2017, Entered: None Unknown Document Type
                  ***DOCUMENT MAILED: 25 Text Order placed in U.S. Mail to Jesse Graves Yates, III, 2000 Greens Boulevard, 14D, Myrtle Beach, SC 29577. (mcot, ) (Entered: 08/10/2017)
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                    Legal Document (Payment Possibly Required) 25 Filed: 8/10/2017, Entered: None Unknown Document TypeCourt Filing
                    TEXT ORDER: Proceeding pro se, Plaintiff filed his Complaint on May 26, 2017. ECF No. 1 . In response, Defendant filed a Motion to Dismiss or in the Alternative a More Definite Statement. ECF No. 16 . Pursuant to Roseboro v. Garrison, 528 F.2d 309 (4th Cir. 1975), the court advised Plaintiff of the importance of responding to Defendant's Motion. "Rosebore Order," ECF No. 19 . On August 3, 2017, the court filed Plaintiff's "[C]ompliance to Roseboro order." ECF No. 21 ("Compliance"). The matter is now before the court on Defendant's Motion for Extension of Time, in which Defendant notes Plaintiff's recent filing "could be interpreted as an opposition to [Defendant's] Motion to Dismiss, but [] also includes allegations in the nature of a complaint." ECF No. 23 at 1. "[I]n an abundance of caution," Defendant has filed an answer to Plaintiff's August 3, 2017 filing "as if it were an Amended Complaint[,]" and seeks an extension of time within which to file a Motion to Dismiss the Complaint as amended. Id. Having reviewed Plaintiff's initial Complaint and the "Compliance," the court finds the interests of justice are served by treating Plaintiff's "Compliance" as a supplement to Plaintiff's initial Complaint. See generally Fed. R. Civ. P. 15(a)(2). The Clerk of Court is instructed to docket the entry found at ECF No. 21 as an attachment to the Complaint found at ECF No. 1 . Plaintiff's Complaint as supplemented ("Supplemental Complaint") becomes the operative pleading in this matter. Accordingly, Defendant's Motion to Dismiss, ECF No. 16, which was directed to the initial Complaint, is denied as moot. Defendant has filed an answer to the supplemented Complaint. ECF No. 22 . Defendant's Motion for Extension of Time to file a motion to dismiss the Supplemental Complaint, ECF No. 23, is granted. Defendant now has until September 5, 2017 to file any such motion. Signed by Magistrate Judge Kaymani D West on 8/10/2017. (mcot, ) (Entered: 08/10/2017)
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                      Legal Document (Payment Possibly Required) 24 Filed: 8/9/2017, Entered: None Unknown Document Type
                      CERTIFICATE OF SERVICE by BB&T Corp re 23 MOTION for Extension of Time, 22 Answer to Complaint (Hawk, John). Modified on 8/10/2017 to replace with corrected document provided by filing user (prou, ). (Entered: 08/09/2017)
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                        Legal Document (Payment Possibly Required) 23 Filed: 8/9/2017, Entered: None Unknown Document Type
                        MOTION for Extension of Time by BB&T Corp. Response to Motion due by 8/23/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. Motions referred to Kaymani D West.(Hawk, John). Modified on 8/10/2017 to replace with corrected document provided by filing user (prou, ). (Entered: 08/09/2017)
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                          Legal Document (Payment Possibly Required) 22 Filed: 8/9/2017, Entered: None Unknown Document Type
                          ANSWER to Complaint General Denial by BB&T Corp.(Hawk, John). Modified on 8/10/2017 to replace with corrected document provided by filing user (prou, ). (Entered: 08/09/2017)
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                            Legal Document (Payment Possibly Required) 21 Filed: 8/3/2017, Entered: None Unknown Document Type
                            RESPONSE in Opposition re 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR ALTERNATIVELY MOTION FOR A MORE DEFINITE STATEMENT. Response filed by Jesse Graves Yates, III.Reply to Response to Motion due by 8/10/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (prou, ) (Entered: 08/03/2017)
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                              Legal Document (Payment Possibly Required) 20 Filed: 6/29/2017, Entered: None Unknown Document Type
                              ***DOCUMENT MAILED: 19 Roseboro Order, placed in U.S. Mail to Jesse Graves Yates, III, 2000 Greens Boulevard, 14D, Myrtle Beach, SC 29577. (prou, ) (Entered: 06/29/2017)
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                                Legal Document (Payment Possibly Required) 19 Filed: 6/29/2017, Entered: None Unknown Document TypeCourt Filing
                                ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response to Motion due by 7/31/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Magistrate Judge Kaymani D West on 6/29/2017. (prou, ) (Entered: 06/29/2017)
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                                  Legal Document (Payment Possibly Required) 17 Filed: 6/28/2017, Entered: None Unknown Document Type
                                  Local Rule 26.01 Answers to Interrogatories by BB&T Corp.(Hawk, John) (Additional attachment(s) added on 6/29/2017: # 1 Certificate of Service) (prou, ). Modified on 6/29/2017 to replace with corrected document provided by filing user and to add Certificate of Service (prou, ). (Entered: 06/28/2017)
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                                    Legal Document (Payment Possibly Required) 16 Filed: 6/28/2017, Entered: None Unknown Document Type
                                    MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR ALTERNATIVELY MOTION FOR A MORE DEFINITE STATEMENT by BB&T Corp. Response to Motion due by 7/12/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. Motions referred to Kaymani D West.(Hawk, John) (Additional attachment(s) added on 6/29/2017: # 1 Certificate of Service) (prou, ). Modified on 6/29/2017 to replace with corrected document provided by filing user and to add Certificate of Service (prou, ). (Entered: 06/28/2017)
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                                      Legal Document (Payment Possibly Required) 14 Filed: 6/8/2017, Entered: None Unknown Document Type
                                      ***DOCUMENT MAILED: 13 Text Order, placed in U.S. Mail to Jesse Graves Yates, III, 2000 Greens Boulevard, 14D, Myrtle Beach, SC 29577. (prou, ) (Entered: 06/08/2017)
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                                        Legal Document (Payment Possibly Required) 13 Filed: 6/8/2017, Entered: None Unknown Document TypeCourt Filing
                                        TEXT ORDER: The initial Order issued in this case, ECF No. 10, correctly indicated that Plaintiff had paid the full filing fee; however, it incorrectly indicated Plaintiff had paid $350.00. Rather, Plaintiff paid the correct fee of $400.00--which is the $350.00 filing fee plus a required $50.00 administrative fee. Rather than issue a revised initial Order, the court finds this Docket Text Order sufficient to make this minor correction to the initial Order found at ECF No. 10 . Signed by Magistrate Judge Kaymani D West on 6/8/2017. (prou, ) (Entered: 06/08/2017)
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                                          Legal Document (Payment Possibly Required) 12 Filed: 6/7/2017, Entered: None Unknown Document Type
                                          ***DOCUMENTS MAILED: 11 Summons Issued, 10 Order Service - Non-Inmate, 1 Complaint placed in U.S. Mail to Jesse Graves Yates, III, 2000 Greens Boulevard, 14D, Myrtle Beach, SC 29577. (prou, ) (Entered: 06/07/2017)
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                                            Legal Document (Payment Possibly Required) 11 Filed: 6/7/2017, Entered: None Unknown Document Type
                                            Summons Issued as to BB&T Corp. (prou, ) (Entered: 06/07/2017)
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                                              Legal Document (Payment Possibly Required) 10 Filed: 6/7/2017, Entered: None Unknown Document TypeCourt Filing
                                              ORDER authorizing service of process by clerk and directing plaintiff to notify the clerk in writing of any change of address Signed by Magistrate Judge Kaymani D West on 6/7/2017. (prou, ) (Entered: 06/07/2017)
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                                                Legal Document (Payment Possibly Required) 3 Filed: 5/26/2017, Entered: None Unknown Document Type
                                                Local Rule 26.01 Answers to Interrogatories with jury demand by Jesse Graves Yates, III. (mcot, ) (Entered: 05/30/2017)
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                                                  Legal Document (Payment Possibly Required) 1 Filed: 5/26/2017, Entered: None Unknown Document Type
                                                  COMPLAINT against BB&T Corp (filing fee $400, receipt number SCX400012372), filed by Jesse Graves Yates, III. Service due by 8/24/2017. (mcot, ) (Additional attachment(s) added on 8/10/2017: # 1 Supplemental Complaint) (mcot, ). Modified on 8/10/2017 to add Supplemental Complaint as directed in ECF No. 25, Text Order (mcot, ). (Entered: 05/30/2017)
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