Bank Of America, N.A. v. Lambright et al
| Bank of America NA |
| The Department of Housing and Urban Development, Simone Lambright and The United States of America |
| 2:2019cv01723 |
| June 17, 2019 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Bristow Marchant |
| Other Statutory Actions |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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This docket was last retrieved on September 9, 2019. A more recent docket listing may be available from PACER.
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| Filing 16 ***DOCUMENT MAILED #15 REPORT AND RECOMMENDATION re #6 First MOTION to Remand to State Court filed by Bank of America NA placed in U.S. Mail from Charleston Clerks Office to Simone Lambright 2152 Ralph Avenue #804 Brooklyn, NY 11234 (egra, ) |
| Filing 15 REPORT AND RECOMMENDATION of Magistrate Judge Bristow Marchant. Based on the foregoing, BOA's motion to remand should be granted on the basis that there is a lack of subject matter jurisdiction in this Court and based on defects in Lambright's removal of this action (untimeliness and lack of unanimity). Therefore, it is recommended that Plaintiff BOA's motion to remand (ECF No. 6) be granted, and this case be remanded back to state court. Objections to R&R due by 8/22/2019. 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 Bristow Marchant on 08/08/2019. (egra, ) |
| Filing 12 CERTIFICATE OF SERVICE by Bank of America NA re #6 First MOTION to Remand to State Court (Masciale, Michael) |
| Filing 10 ***DOCUMENT MAILED #9 Order,, placed in U.S. Mail from Charleston Clerks Office to Simone Lambright 2152 Ralph Avenue #804 Brooklyn, NY 11234 (egra, ) |
Filing 9
ORDER Defendant Simone Lambright (Lambright) is directed, within twenty-one (21) days to complete, sign, and return the Pro Se Answers to Local Rule 26.01 Interrogatories, which are attached to this order. On July 8, 2019, Plaintiff Bank of America, N.A. filed a motion (ECF No. 6) to remand this action to the Court of Common Pleas for Berkeley County, South Carolina. Lambright is advised that any response to the motion to remand must be filed in this Court on or before July 22, 2019. Signed by Magistrate Judge Bristow Marchant on 07/10/2019. (Attachments: #1 Rule 26.01 Answers to Interrogatories)(egra, )
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| Filing 6 First MOTION to Remand to State Court by Bank of America NA. Response to Motion due by 7/22/2019. 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 Exhibit A-Plaintiff's State court Complaint, #2 Exhibit B-Master's Order to Set Aside Entry of Default, #3 Exhibit C-Defendant's Notice of Appeal, #4 Exhibit D-Order Dismissing Defendant's Appeal, #5 Exhibit E-Affidavit of Default, filed May 24, 2019, #6 Exhibit F-Certificate of Service of Service by Mail of Summons & Complaint, #7 Exhibit G-Defendant's Notice of Removal to the United States District Court)No proposed order.(Masciale, Michael) Modified on 7/10/2019 to edit attachment descriptions as provided by filing user (egra, ). |
| Filing 4 Case transferred in from District of New York Eastern; Case Number 1:19-cv-03418. Original file certified copy of transfer order and docket sheet received. |
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Filing 3
ORDER, Case transferred to District of South Carolina, Charleston Division. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. ( Ordered by Judge Brian M. Cogan on 6/11/2019 ) c/m (Guzzi, Roseann) [Transferred from New York Eastern on 6/17/2019.]
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| Filing 2 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Williams, Erica) [Transferred from New York Eastern on 6/17/2019.] |
| Filing 1 NOTICE OF REMOVAL by Simone Lambright from Court of Common Pleas, Berkeley County, South Carolina, case number 2018-CP-08-499. (Attachments: #1 Civil Cover Sheet) (Williams, Erica) [Transferred from New York Eastern on 6/17/2019.] |
| FILING FEE: $ 400.00, receipt number 4653140694 (Williams, Erica) [Transferred from New York Eastern on 6/17/2019.] |
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