Davis v. Brock & Scott LLC et al
Plaintiff: Apryl Nichole Davis
Defendant: Brock & Scott LLC, Trustee of Carolina LLC, Future Realty LLC, Bank of America Corporation and Pinyan Law Office doing business as 24 Hour Closing
Case Number: 3:2023cv00492
Filed: August 7, 2023
Court: US District Court for the Western District of North Carolina
Presiding Judge: Kenneth D Bell
Referring Judge: David Keesler
Nature of Suit: Real Property: Foreclosure
Cause of Action: 28 U.S.C. § 1330 Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 5, 2023 Filing 19 CERTIFICATE OF SERVICE by Bank of America Corporation re #6 MOTION to Dismiss Complaint, #9 Reply to Response to Motion, #5 Notice of Appearance SECOND AMENDED (Bernardini, Andrew)
September 19, 2023 Filing 18 RESPONSE to Motion re #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction ; Surreply as to #6 MOTION to Dismiss Complaint by Apryl Nichole Davis. Replies due by 9/26/2023 (cjs)
September 8, 2023 Filing 17 Pro Se RESPONSE to Motion re #6 MOTION to Dismiss Complaint, #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Apryl Nichole Davis. Replies due by 9/15/2023 (cjs)
September 5, 2023 Filing 16 Pro Se RESPONSE to Motion re #6 MOTION to Dismiss Complaint, #13 MOTION to Dismiss MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Apryl Nichole Davis. Replies due by 9/12/2023 (cjs)
September 5, 2023 Filing 15 Corporate Disclosure Statement by Bank of America Corporation. (Bernardini, Andrew)
September 4, 2023 Filing 14 MEMORANDUM/BRIEF by Brock & Scott LLC, Trustee of Carolina LLC re: #13 Motion to Dismiss, Motion to Dismiss/Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction,,, (Attachments: #1 Exhibit Note, #2 Exhibit Deed of Trust, #3 Exhibit Notice of Hearing, #4 Exhibit Order to Allow Foreclosure Sale, #5 Exhibit Report of Sale, #6 Exhibit Notice of Upset Bid, #7 Exhibit Substitute Trustee's Deed, #8 Exhibit Final Report and Account of Sale, #9 Exhibit NC Secretary of State printout (TSC), #10 Exhibit NC Secretary of State printout (B&S))(Presel, Alan)
September 4, 2023 Filing 13 MOTION to Dismiss by Brock & Scott LLC, Trustee of Carolina LLC. Responses due by 9/18/2023 (Presel, Alan). Motions referred to David Keesler. Modified text on 9/4/2023 (mek).
September 4, 2023 Filing 12 Corporate Disclosure Statement by Brock & Scott LLC. (Presel, Alan)
September 4, 2023 Filing 11 Corporate Disclosure Statement by Trustee of Carolina LLC. (Presel, Alan)
September 4, 2023 Filing 10 NOTICE of Appearance by Alan M. Presel on behalf of Brock & Scott LLC, Trustee of Carolina LLC (Presel, Alan)
August 30, 2023 Filing 9 REPLY to Response to Motion re #6 MOTION to Dismiss Complaint by Bank of America Corporation. (Bernardini, Andrew)
August 28, 2023 Filing 8 Pro Se RESPONSE to Motion re #6 MOTION to Dismiss Complaint by Apryl Nichole Davis. Replies due by 9/5/2023 (Attachments: #1 Attachments)(cjs)
August 25, 2023 Filing 7 CERTIFICATE OF SERVICE by Bank of America Corporation re #6 MOTION to Dismiss Complaint, #5 Notice of Appearance (Bernardini, Andrew)
August 24, 2023 Filing 6 MOTION to Dismiss Complaint by Bank of America Corporation. Responses due by 9/7/2023 (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G) (Bernardini, Andrew). Motions referred to David Keesler.
August 23, 2023 Filing 5 NOTICE of Appearance by Andrew N. Bernardini on behalf of Bank of America Corporation (Bernardini, Andrew)
August 18, 2023 Filing 4 SUMMONS Returned Executed by Apryl Nichole Davis. Bank of America Corporation served on 8/12/2023, answer due 9/5/2023; Brock & Scott LLC served on 8/12/2023, answer due 9/5/2023; Future Realty LLC served on 8/12/2023, answer due 9/5/2023; Pinyan Law Office served on 8/12/2023, answer due 9/5/2023; Trustee of Carolina LLC served on 8/12/2023, answer due 9/5/2023. (Attachments: #1 Envelope)(cjs)
August 10, 2023 Filing 3 Summons Issued Conventionally as to Bank of America Corporation, Brock & Scott LLC, Future Realty LLC, Pinyan Law Office, Trustee of Carolina LLC. (cjs)
August 10, 2023 Filing Fee Received: $ 402.00, receipt number 5126 (cjs)
August 7, 2023 Filing 2 MOTION (Sealed - Participants) to Proceed in forma pauperis by Apryl Nichole Davis. (cjs)
August 7, 2023 Filing 1 Pro Se COMPLAINT against All Defendants, filed by Apryl Nichole Davis. (Attachments: #1 Attachment, #2 Proposed Summons)(cjs)
August 7, 2023 Clerk's Entry and Service of #Standing Order Requiring an Initial Settlement Conference in Civil Cases assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The order was served conventionally. The filing party is directed to serve a copy of the Order with service. (cjs)
August 7, 2023 Clerk's Entry and Service of #Case Assignment Packet. The document was served conventionally at case filing (cjs)

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Plaintiff: Apryl Nichole Davis
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Defendant: Brock & Scott LLC
Represented By: Alan M. Presel
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Defendant: Trustee of Carolina LLC
Represented By: Alan M. Presel
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Defendant: Future Realty LLC
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Defendant: Bank of America Corporation
Represented By: Andrew N. Bernardini
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Defendant: Pinyan Law Office doing business as 24 Hour Closing
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