KELLAR et al v. 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC.
Plaintiff: PATRICIA SUSAN KELLAR, SANDRA KELLAR and REGINA LANE
Defendant: 1st Capital Finance of South Carolina, Inc.
Case Number: 1:2020cv00402
Filed: May 5, 2020
Court: US District Court for the Middle District of North Carolina
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 25, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 25, 2020 Motions Submitted: #12 MOTION to Remand to JUDGE N. C. TILLEY, JR. (Winchester, Robin)
June 24, 2020 Filing 18 REPLY, filed by Plaintiffs PATRICIA SUSAN KELLAR, SANDRA KELLAR, REGINA LANE, to Response to #12 MOTION to Remand filed by PATRICIA SUSAN KELLAR, SANDRA KELLAR, REGINA LANE. (Attachments: #1 Exhibit Declaration of Sandra Kellar, #2 Exhibit Defendant's Subpoena to Bank of America, #3 Exhibit Second Declaration of Regina Lane, #4 Exhibit Declaration of Patricia Kellar)(PERALDO, JEFFREY)
June 19, 2020 Filing 17 CERTIFICATE OF SERVICE by 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC. pursuant to Fed. R. Civ. P. 45(a)(4) for Subpoena directed to Bank of America, N.A. (BUNDA, JEFFREY)
June 15, 2020 Filing 16 Corrected document re #15 Response in Opposition to Motion,. (BUNDA, JEFFREY)
June 12, 2020 Filing 15 RESPONSE in Opposition re #12 MOTION to Remand filed by REGINA LANE, SANDRA KELLAR, PATRICIA SUSAN KELLAR filed by 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC.. Replies due by 6/26/2020 (Attachments: #1 Exhibit 1 - Second Affidavit of Wesley Dale Harden in Support of Removal Petition)(BUNDA, JEFFREY)
June 8, 2020 TEXT ORDER terminating #14 RULE 26F (JOINT). The parties agree that discovery should commence after a ruling upon Plaintiffs' motion to remand. As such, the Court will stay discovery pending a ruling on the motion to remand. The Court orders such stay based upon its general inherent, discretionary authority to manage its docket. To that extent, the parties shall submit an Amended Joint Rule 26(f) Report within 14 days of the Court's ruling on the motion to remand. Issued by MAG/JUDGE JOE L. WEBSTER on 6/8/2020.(Lee, Pedra)
June 8, 2020 Motions Referred: RE: #14 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
June 5, 2020 Filing 14 REPORT Joint Rule 26(f) Report by Plaintiffs PATRICIA SUSAN KELLAR, SANDRA KELLAR, REGINA LANE. (FAUCHER, JAMES) Modified on 6/8/2020 to correct event used. (Garrett, Kim).
May 22, 2020 Filing 13 BRIEF re #12 MOTION to Remand . (Attachments: #1 Exhibit Huff v. Warden Sherman, et al., #2 Exhibit Kellar Loan Agreement, #3 Exhibit Miller v. Morocho Brothers, #4 Exhibit Declaration of Regina Lane, #5 Exhibit McLendon v. Walter Home Mortgage, #6 Exhibit Pippins v. AutoMoney, Inc.)(PERALDO, JEFFREY)
May 22, 2020 Filing 12 MOTION to Remand by PATRICIA SUSAN KELLAR, SANDRA KELLAR, REGINA LANE. Response to Motion due by 6/12/2020 (PERALDO, JEFFREY)
May 14, 2020 Filing 11 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 6/17/2020 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
May 12, 2020 Filing 10 CERTIFICATE OF SERVICE by 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC. re #9 Answer to Amended Complaint, #7 Corporate Disclosure Statement - 7.1(a) (BUNDA, JEFFREY)
May 12, 2020 Filing 9 ANSWER to Amended Complaint and Affirmative Defenses by 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC.. (Attachments: #1 Exhibit A - December 12, 2019 Waiver)(BUNDA, JEFFREY)
May 12, 2020 Filing 8 CERTIFICATE OF SERVICE by 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC. re #1 Petition for Removal,, served via e-mail on May 5, 2020 per written consent of the Plaintiff's counsel (BUNDA, JEFFREY)
May 12, 2020 Filing 7 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC. (BUNDA, JEFFREY)
May 6, 2020 Filing 6 NOTICE of Appearance by attorney JEFFREY K. PERALDO on behalf of Plaintiffs PATRICIA SUSAN KELLAR, SANDRA KELLAR, REGINA LANE (PERALDO, JEFFREY)
May 6, 2020 Case ASSIGNED to JUDGE N. C. TILLEY, JR and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie)
May 6, 2020 CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie)
May 6, 2020 Filing 5 Notice of Right to Consent. (Attachments: #1 Consent Form) (Sheets, Jamie)
May 6, 2020 Filing 4 Summons Issued as to 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC. (Original document filed in Guilford County Superior Court, Case Number 20CVS4407, issued 3/31/2020 and listed as Additional Attachment to the Petition for Removal) (Sheets, Jamie)
May 6, 2020 Filing 3 AMENDED COMPLAINT against defendant 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC., filed by PATRICIA SUSAN KELLAR, REGINA LANE, SANDRA KELLAR. (Original document filed in Guilford County Superior Court, Case Number 20CVS4407 and listed as Exhibit 4 to the Petition for Removal) (Sheets, Jamie)
May 6, 2020 Filing 2 COMPLAINT against 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC., filed by PATRICIA SUSAN KELLAR. (Original document filed in Guilford County Superior Court, Case Number 20CVS4407 and listed as Exhibit 1 to the Petition for Removal) (Sheets, Jamie)
May 5, 2020 Filing 1 PETITION FOR REMOVAL from Guilford County Superior Court against All Plaintiffs (Filing fee $ 400 receipt number 0418-2800639), filed by 1st CAPITAL FINANCE OF SOUTH CAROLINA, INC. (Attachments: #1 Exhibit Initial Complaint, #2 Exhibit Affidavit of Wesley Harden in Support of Removal Petition, #3 Exhibit Email Regarding Service, #4 Exhibit Amended Complaint, #5 Exhibit April 8, 2020 E-Mail, #6 Exhibit April 20, 2020 E-Mail)(BUNDA, JEFFREY) (Additional attachment(s) added on 5/6/2020: #7 State Court Summons) (Sheets, Jamie).

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Defendant: 1st Capital Finance of South Carolina, Inc.
Represented By: JEFFREY ALLEN BUNDA
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Plaintiff: PATRICIA SUSAN KELLAR
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Plaintiff: SANDRA KELLAR
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Plaintiff: REGINA LANE
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