Brown v. SunTrust Bank
| James McDonald Shea Brown, Jr |
| SunTrust Bank |
| 3:2020cv00239 |
| April 21, 2020 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| David Keesler |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 33 Case transferred in from District of South Carolina; Case Number 4:19-cv-02813. Original electronic file and docket sheet received. |
Filing 31
ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts the Report and Recommendation [ECF No. #23 ] to the extent it finds that this court lacks personal jurisdiction over Defendant, but modifies the Report to order transfer of this case to the United States District Court for the Western District of North Carolina, Charlotte Division. Therefore, it is the judgment of this court that Defendant's motion [ECF No. #14 ] is GRANTED, in part, and the case is transferred to the United States District Court for the Western District of North Carolina, Charlotte Division. IT IS SO ORDERED. Signed by Honorable Sherri A Lydon on 4/21/2020. (mcot, ) [Transferred from South Carolina on 4/21/2020.]
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| Notice to Brent Brigham Young: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 4/28/2020. (rth) |
| Case assigned to District Judge Max O. Cogburn, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Set/Reset Deadlines: SunTrust Bank answer due 5/4/2021. (rth) |
| Filing 30 REPLY by James McDonald Shea Brown, Jr to #25 Objection to Report and Recommendation. (lgib, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 29 ***DOCUMENT MAILED: #28 Notice Other placed in U.S. Mail from Florence Clerks Office to James McDonald Shea Brown, Jr 610 67th Ave N, Apt B-1 Myrtle Beach, SC 29572. (lgib, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 28 Notice of Standing Order 3:20-mc-105 In re: Court Operations in Response to COVID-19. (lgib, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 27 OBJECTION to #23 Report and Recommendation by James McDonald Shea Brown, Jr. Reply to Objections due by 3/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (lgib, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 25 OBJECTION to #23 Report and Recommendation by SunTrust Bank. Reply to Objections due by 3/20/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Young, Brent) [Transferred from South Carolina on 4/21/2020.] |
| Filing 24 ***DOCUMENT MAILED: #23 REPORT AND RECOMMENDATION w/NEF, placed in U.S. Mail from Florence Clerk's Office to James McDonald Shea Brown, Jr, 610 67th Ave N, Apt B-1, Myrtle Beach, SC 29572. (prou, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 23 REPORT AND RECOMMENDATION: The undersigned recommends granting in part Defendant's Motion to Dismiss as it relates to the personal jurisdiction and venue of this court, ECF No. #14 , and transferring the venue of this case to the United States District Court in the Northern District of Georgia. Objections to R&R due by 3/9/2020. 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 2/24/2020. (Attachments: #1 Notice of Right to File Objections)(prou, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 20 ***DOCUMENT MAILED: 19 Case Reassigned placed in U.S. Mail from Florence Clerk's Office to James McDonald Shea Brown, Jr, 610 67th Ave N, Apt B-1, Myrtle Beach, SC 29572. (prou, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 19 Case Reassigned to Judge Sherri A Lydon. Judge Honorable Donald C Coggins, Jr no longer assigned to the case. (cwil, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 17 RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction , Venue and Failure to State a Claim for Relief Upon Which Relief Can Be Granted Response filed by James McDonald Shea Brown, Jr.Reply to Response to Motion due by 12/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 List of Included Documents, #2 Exhibit 1 - Record of Testamentary Papers, #3 Exhibit 2 - Email from Suntrust Attorney Dan Miller to Attorney Ben Mullins, #4 Exhibit 3 - Questionable document to sent to Mullins by Dan Miller, #5 Exhibit 4 - Affidavit of Records Custodian, #6 Exhibit 5 - Affidavit of Records Custodian, #7 Exhibit 6 - Telephone Deposition of Beverly Ann Anderson)(prou, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 16 ***DOCUMENT MAILED: #15 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to James McDonald Shea Brown, Jr, 610 67th Ave N, Apt B-1, Myrtle Beach, SC 29572. (prou, ) [Transferred from South Carolina on 4/21/2020.] |
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Filing 15
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 #14 MOTION to Dismiss for Lack of Jurisdiction, Venue and Failure to State a Claim for Relief Upon Which Relief Can Be Granted. Response to Motion due by 12/5/2019. 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 11/4/2019. (prou, ) [Transferred from South Carolina on 4/21/2020.]
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| Filing 14 MOTION to Dismiss for Lack of Jurisdiction , Venue and Failure to State a Claim for Relief Upon Which Relief Can Be Granted by SunTrust Bank. Response to Motion due by 11/15/2019. 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 All Exhibits to Memorandum in Support of Motion to Dismiss)No proposed order.Motions referred to Kaymani D West.(Young, Brent) [Transferred from South Carolina on 4/21/2020.] |
| Filing 12 ***DOCUMENTS MAILED: #1 Complaint, #11 Summons Issued, #10 Order Service - Non-Inmate w/NEF, placed in U.S. Mail from Florence Clerk's Office to James McDonald Shea Brown, Jr, 610 67th Ave N, Apt B-1, Myrtle Beach, SC 29572. (prou, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 11 Summons Issued as to SunTrust Bank. Service due by 1/6/2020. (prou, ) [Transferred from South Carolina on 4/21/2020.] |
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Filing 10
ORDER authorizing service of process by clerk. Signed by Magistrate Judge Kaymani D West on 10/8/2019. (prou, ) [Transferred from South Carolina on 4/21/2020.]
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| Filing 3 Local Rule 26.01 Answers to Interrogatories with jury demand by James McDonald Shea Brown, Jr.(prou, ) [Transferred from South Carolina on 4/21/2020.] |
| Filing 1 COMPLAINT against SunTrust Bank ( Filing fee $ 400 receipt number SCX200016687.), filed by James McDonald Shea Brown, Jr. Service due by 12/31/2019.(prou, ) (Additional attachment(s) added on 10/8/2019: #1 Addition to Statement of Claim) (prou, ). [Transferred from South Carolina on 4/21/2020.] |
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| Plaintiff: James McDonald Shea Brown, Jr | |
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| Defendant: SunTrust Bank | |
| Represented By: | Brent Brigham Young |
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