Colvin v. DRB Capital, LLC et al
| Lillian Katrina Colvin |
| DRB Capital, LLC, Catalina Structured Funding, Inc., Vintage Equity Group, LLC, Peachtree Settlement Funding, LLC, 17-Cubs, LLC, Vanquished Gridlock, LLC and Stone Street Originations, LLC |
| 1:2022cv03869 |
| November 4, 2022 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal-Declaratory Judgment |
| Both |
Docket Report
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| Document Text |
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| Filing 57 Local Rule 26.03 Answers to Interrogatories by Lillian Katrina Colvin.(Alphin, John) |
| Filing 56 Local Rule 26.03 Answers to Interrogatories by Stone Street Originations, LLC.(Duffy, Brian) |
| Filing 55 Local Rule 26.03 Answers to Interrogatories by Peachtree Settlement Funding, LLC.(Duffy, Brian) |
| Filing 54 Local Rule 26.03 Answers to Interrogatories by DRB Capital, LLC.(Hood, James) |
| Filing 53 Rule 26 Outline of Discovery Plan by DRB Capital, LLC.(Hood, James) |
| Filing 52 Rule 26(f) Report by Lillian Katrina Colvin, Vanquished Gridlock, LLC, DRB Capital, LLC, Stone Street Originations, LLC, Peachtree Settlement Funding, LLC. (Attachments: #1 proposed Amended Scheduling Order)(Hood, James) Modified on 12/29/2022 to include all filers as listed on document. (mdea, ). |
| Filing 51 Local Rule 26.03 Answers to Interrogatories by Vanquished Gridlock, LLC.(Brown, Stephen) |
| Filing 50 TEXT ORDER granting #49 Consent MOTION for Extension of Time to Amend Rule 26.01 Inter Answers. (Local Rule 26.01 Answers to Interrogatories by DRB Capital, LLC due by 1/3/2023) Signed by Honorable Mary Geiger Lewis on 12/21/2022. (cbru, ) |
| Filing 49 Consent MOTION for Extension of Time to Amend Rule 26.01 Inter Answers by DRB Capital, LLC. Response to Motion due by 1/3/2023. 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.(Hood, James) |
| Filing 48 TEXT ORDER: Defendant DRB Capital, LLC's (DRB Capital) #47 motion for extension of time is DENIED. DRB Capital states no reason for the extension in its motion. See Local Civil Rule 6.01 (explaining motions to alter time must be "accompanied by an affidavit or other statement giving the reasons therefor"). IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 12/20/2022.(cbru, ) |
| Filing 47 MOTION for Extension of Time to amend 26.01s per 12/06/22 Text Order #38 by DRB Capital, LLC. Response to Motion due by 1/3/2023. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hood, Robert) |
Filing 46
ORDER DISMISSING CASE as to 17-Cubs, LLC and Catalina Structured Funding, Inc. without costs and without prejudice to the right of any party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Mary Geiger Lewis on 12/20/2022. (cbru, )
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| Filing 45 Amended Local Rule 26.01 Answers to Interrogatories by Vanquished Gridlock, LLC.(Brown, Stephen) |
| Filing 44 Second Amended Local Rule 26.01 Answers to Interrogatories by Peachtree Settlement Funding, LLC.(Duffy, Brian) |
| Filing 43 Second Amended Local Rule 26.01 Answers to Interrogatories by Stone Street Originations, LLC.(Duffy, Brian) |
| Filing 42 TEXT ORDER: In their amended answers to the Local Civil Rule 26.01 interrogatories, Defendants Peachtree Settlement Funding, LLC, and Stone Street Origination, LLC, included answers to Interrogatory H that appear unresponsive. See Central West Virginia Energy Co., Inc. v. Mountain State Carbon, LLC, 636 F.3d 101, 103 (4th Cir. 2011) ("For purposes of diversity jurisdiction, the citizenship of a limited liability company... is determined by the citizenship of all its members"). Accordingly, those Defendants shall file second amended answers to the Local Civil Rule 26.01 interrogatories no later than December 20, 2022. IT IS SO ORDERED. (Second Amended Local Rule 26.01 Answers to Interrogatories due by 12/20/2022) Signed by Honorable Mary Geiger Lewis on 12/8/2022. (cbru, ) |
| Filing 41 AMENDED Local Rule 26.01 Answers to Interrogatories by Stone Street Originations, LLC.(Duffy, Brian) |
| Filing 40 AMENDED Local Rule 26.01 Answers to Interrogatories by Peachtree Settlement Funding, LLC.(Duffy, Brian) |
| Filing 39 Amended Local Rule 26.01 Answers to Interrogatories by Lillian Katrina Colvin.(Alphin, John) Modified to edit text on 12/7/2022 (cbru, ). |
| Filing 38 TEXT ORDER: On December 1, 2022, Local Civil Rule 26.01 was amended to include Interrogatory H, which is to be answered in any an action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a). Therefore, all parties shall file amended answers to the Local Civil Rule 26.01 interrogatories to include answers to Interrogatory H no later than December 20, 2022. IT IS SO ORDERED. (Local Rule 26.01 Answers to Interrogatories due by 12/20/2022) Signed by Honorable Mary Geiger Lewis on 12/6/2022. (cbru, ) |
| Filing 37 Local Rule 26.01 Answers to Interrogatories by Vanquished Gridlock, LLC.(Brown, Stephen) |
| Filing 36 DELETION OF DOCKET ENTRY NUMBER 35. Reason: Filed in incorrect case by the Clerk. (cbru, ) |
| Filing 34 Local Rule 26.01 Answers to Interrogatories by Lillian Katrina Colvin.(Alphin, John) |
| Filing 33 TEXT ORDER granting #32 Motion for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss the Plaintiff's Complaint, MOTION to Compel Arbitration or in the Alternative Motion to Stay and Compel Arbitration; #21 MOTION to Dismiss, MOTION to Compel Arbitration or in the Alternative Motion to Stay and Compel Arbitration; #24 MOTION to Dismiss, MOTION to Compel Arbitration; #25 MOTION to Dismiss, MOTION to Compel Arbitration. (Response to Motion due by 1/10/2023) Signed by Honorable Mary Geiger Lewis on 12/1/2022.(cbru, ) |
| Filing 32 Consent MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss the Plaintiff's Complaint, MOTION to Compel Arbitration or in the Alternative Motion to Stay and Compel Arbitration; #21 MOTION to Dismiss, MOTION to Compel Arbitration or in the Alternative Motion to Stay and Compel Arbitration; #24 MOTION to Dismiss, MOTION to Compel Arbitration; #25 MOTION to Dismiss, MOTION to Compel Arbitration by Lillian Katrina Colvin. Response to Motion due by 12/15/2022. 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.(Solomons, Algernon) Modified to correct motion relief on 12/1/2022 (cbru, ). |
| Filing 31 NOTICE of Appearance by Jessica Lerer Fickling on behalf of Lillian Katrina Colvin (Fickling, Jessica) |
| Filing 30 CLERK'S NOTICE: Defendant Vanquished Gridlock, LLC is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed at the time a party first appears. Please file these answers to interrogatories no later than December 12, 2022. (cbru, ) |
| Filing 28 DELETION OF DOCKET ENTRY NUMBER 26. Reason: Duplicate of entry #27 . (cbru, ) |
| Filing 27 Additional Attachments to Main Document #24 MOTION to Dismiss, MOTION to Compel Arbitration; #25 MOTION to Dismiss, MOTION to Compel Arbitration . First attachment description: Memo in Support. (Attachments: #1 Exhibit 1 - Stone Street Contract, #2 Exhibit 2 - Stone Street Contract, #3 Exhibit 3 Peachtree Contract, #4 Exhibit 4 Order Approving Transfer, #5 Exhibit 5 Order Approving Transfer, #6 Exhibit 6 Order Approving Transfer)(Duffy, Brian) Modified to edit linkage and text on 11/29/2022 (cbru, ). (Main Document 27 replaced on 11/29/2022) (cbru, ). |
| Filing 25 MOTION to Dismiss, MOTION to Compel Arbitration by Stone Street Originations, LLC. Response to Motion due by 12/12/2022. 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.(Duffy, Brian). Added additional motion relief on 11/29/2022 (cbru, ). Additional attachments filed as entry #27 on 11/28/2022 (cbru, ). |
| Filing 24 MOTION to Dismiss, MOTION to Compel Arbitration by Peachtree Settlement Funding, LLC. Response to Motion due by 12/12/2022. 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.(Duffy, Brian). Added additional motion relief on 11/29/2022 (cbru, ). Additional attachments filed as entry #27 on 11/28/2022 (cbru, ). |
| Filing 23 NOTICE of Appearance by Michael Kevin McCarrell on behalf of Vintage Equity Group, LLC (McCarrell, Michael) |
| Filing 22 ANSWER to Complaint by Vanquished Gridlock, LLC.(Brown, Stephen) |
| Filing 21 MOTION to Dismiss the Plaintiff's Complaint, MOTION to Compel Arbitration or in the Alternative Motion to Stay and Compel Arbitration by Vanquished Gridlock, LLC. Response to Motion due by 12/12/2022. 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 - Structured Settlement Annuity Sale and Assignment Agreement, #3 Exhibit B - Order Approving Transfer of Structured Settlement Payment Rights, #4 Exhibit C - Statement in Support and Settlement Statement, #5 Exhibit D - 11/15/21 Docusign, #6 Exhibit E - Stipulation)No proposed order.(Brown, Stephen). Modified to add additional motion relief and to edit text on 11/29/2022 (cbru, ). (Attachment 1 replaced on 11/29/2022) (cbru, ). Modified to add descriptions to attachments on 11/29/2022 (cbru, ). (Attachment 2 replaced on 11/29/2022) (cbru, ). (Attachment 3 replaced on 11/29/2022) (cbru, ). (Attachment 4 replaced on 11/29/2022) (cbru, ). (Attachment 6 replaced on 11/29/2022) (cbru, ). (Attachment 1 replaced on 11/29/2022) (cbru, ). |
| Filing 20 TEXT ORDER granting #19 Consent MOTION for Extension of Time to File Answer. (17-Cubs, LLC answer due 12/19/2022; Catalina Structured Funding, Inc. answer due 12/19/2022) Signed by Honorable Mary Geiger Lewis on 11/28/2022.(cbru, ) |
| Filing 19 Consent MOTION for Extension of Time to File Answer to Plaintiff's Complaint by 17-Cubs, LLC, Catalina Structured Funding, Inc.. Response to Motion due by 12/12/2022. 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.(Lay, John) |
| Filing 18 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 11/22/2022. (cbru, ) |
| Filing 17 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 12/28/2022, Motions to Amend Pleadings due by 1/20/2023, Plaintiffs ID of Expert Witness due by 2/21/2023, Defendants ID of Expert Witnesses Due by 3/21/2023, Records Custodian Affidavit due by 3/21/2023, Discovery due by 5/22/2023, Motion in Limine due by 8/31/2023, Motions due by 6/5/2023, Rule 26(a)(3) Disclosures due by 8/18/2023, Jury Selection Deadline 9/21/2023, Mediation Due by 8/3/2023. Signed by Honorable Mary Geiger Lewis on 11/22/2022. (cbru, ) |
| Filing 15 CLERK'S NOTICE: Plaintiff is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed no later than 14 days after service of the notice of removal. Please file these answers to interrogatories no later than December 5, 2022. (cbru, ) |
| Filing 14 MOTION to Dismiss the Plaintiff's Complaint, MOTION to Compel Arbitration or in the Alternative Motion to Stay and Compel Arbitration ( Response to Motion due by 12/5/2022. 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. ) by DRB Capital, LLC. (Attachments: #1 Exhibit 1 Agreement dated July 4, 2018, #2 Exhibit 2 Agreement dated August 27, 2018, #3 Exhibit 3 Agreement dated August 21, 2019, #4 Exhibit 4 Agreement dated November 6, 2019, #5 Exhibit 5 Agreement dated January 30, 2020, #6 Exhibit 6 Agreement dated March 30, 2020, #7 Exhibit 7 Agreement dated June 18, 2020, #8 Exhibit 8 Agreement dated October 19, 2020, #9 Exhibit 9 Agreement dated January 13, 2021, #10 Exhibit 10 Agreement dated February 1, 2021, #11 Exhibit 11 Order filed August 8, 2018, approving the Agreement dated July 4, 2018, #12 Exhibit 12 Order filed September 21, 2018, approving the Agreement dated August 27, 2018, #13 Exhibit 13 Order filed September 18, 2019, approving the Agreement dated August 21, 2019, #14 Exhibit 14 Order filed December 4, 2019, approving the Agreement dated November 6, 2019, #15 Exhibit 15 Order filed February 28, 2020, approving the Agreement dated January 30, 2020, #16 Exhibit 16 Order filed July 21, 2020, approving the Agreement dated March 30, 2020, #17 Exhibit 17 Order filed August 12, 2020, approving the Agreement dated June 18, 2020, #18 Exhibit 18 Order filed November 24, approving the Agreement dated October 19, 2020, #19 Exhibit 19 Order filed February 25, 2021, approving the Agreement dated January 13, 2021, #20 Exhibit 20 Order filed April 1, 2021, approving the Agreement dated February 1, 2021)No proposed order.(Hood, James) |
| Filing 13 Local Rule 26.01 Answers to Interrogatories by 17-Cubs, LLC, Catalina Structured Funding, Inc..(Lay, John) |
| Filing 11 REPLY by 17-Cubs, LLC, Catalina Structured Funding, Inc., DRB Capital, LLC, Peachtree Settlement Funding, LLC, Stone Street Originations, LLC, Vanquished Gridlock, LLC to 5 Order,,, Set Deadlines,, . (Hood, Robert) |
| Filing 10 Local Rule 26.01 Answers to Interrogatories by Stone Street Originations, LLC.(Duffy, Brian) |
| Filing 9 Local Rule 26.01 Answers to Interrogatories by Peachtree Settlement Funding, LLC.(Duffy, Brian) |
| Filing 8 NOTICE of Appearance by Blake Abernethy McKie on behalf of Peachtree Settlement Funding, LLC, Stone Street Originations, LLC (McKie, Blake) |
| Filing 7 NOTICE of Appearance by Brian C Duffy on behalf of Peachtree Settlement Funding, LLC, Stone Street Originations, LLC (Duffy, Brian) |
| Filing 5 TEXT ORDER: The parties' attention is directed to the Court's Standing Order Regarding All Removed Cases Assigned to Judge Mary Geiger Lewis, located on the District Court's website at http://www.scd.uscourts.gov/Forms/Special_Instructions/Lewis_Standing%20_Order_Regarding_Removed_Cases.pdf. Not later than seven days from the entry of this Text Order, Defendant(s) shall file the information mandated by the Order. IT IS SO ORDERED. (Reply due by 11/14/2022) Signed by Honorable Mary Geiger Lewis on 11/4/2022. (cbru, ) |
| Filing 4 CERTIFICATE OF SERVICE by DRB Capital, LLC re #1 Notice of Removal, #3 Local Rule 26.01 Answers to Interrogatories (cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by DRB Capital, LLC.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Allendale County Court of Common Pleas, case number 2022-CP-03-00138 (Filing fee $402 receipt number ASCDC-10786375) filed by DRB Capital, LLC. (Attachments: #1 Exhibit A - State Court Documents, #2 Consent for Removal)(cbru, ) |
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