Kincannon et al v. U.S. Bank National Association et al
| James Charles Kincannon, James John Todd Kincannon and Carolyn Roxie Todd Kincannon |
| U.S. Bank National Association, Mortgage Contracting Services, John Doe Parties and Mortgage Contracting Services, LLC |
| 2:2021cv02248 |
| July 22, 2021 |
| US District Court for the District of South Carolina |
| Shiva V Hodges |
| Mary Geiger Lewis |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 34 ***DOCUMENTS MAILED 33 Text Order on Motion to Amend/Correct placed in U.S. Mail from Columbia Clerks Office to James Charles Kincannon, James John Todd Kincannon and Carolyn Roxie Todd Kincannon, 216 Jones Avenue, Simpsonville, SC 29681. (lbak) |
Filing 33
TEXT ORDER granting #31 Motion to Amend/Correct deadlines. Plaintiffs are directed to file by September 17, 2021, the proposed amended complaint as a supplement to their motion. Defendants' deadline to file a response to the motion to amend is extended to October 1, 2021. In addition, Defendants' deadline to file a reply in support of ECF Nos. 6 and 13 is also extended to October 1, 2021, as the motions may become moot if the motion to amend is granted. Signed by Magistrate Judge Shiva V. Hodges on 9/10/11. (vhor)
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| Filing 32 MOTION for Rubin Order for Dismissal of Specific Claims and Parties due to Settlement with Defendant Mortgage Contracting Services, LLC by Carolyn Roxie Todd Kincannon, James Charles Kincannon, and James John Todd Kincannon. Response to Motion due by 9/23/2021. 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. Motions referred to Shiva V. Hodges. (mmcd) |
| Filing 31 MOTION to Amend/Correct 25 Text Order by Carolyn Roxie Todd Kincannon, James Charles Kincannon, James John Todd Kincannon. Response to Motion due by 9/23/2021. 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. Motions referred to Shiva V. Hodges. (mmcd) |
| Filing 30 ***DOCUMENT MAILED 29 text order placed in U.S. Mail from Columbia Clerks Office to James John Todd Kincannon, James Charles Kincannon, and Carolyn Roxie Todd Kincannon 216 Jones Avenue Simpsonville, SC 29681. (mmcd) |
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Filing 29
TEXT ORDER granting #28 Motion to Substitute Attorney. The court notes that until counsel updates her information in CM/ECF, she will not receive notices at the email address listed on her motion. The court is unable to update the information for any attorney. Signed by Magistrate Judge Shiva V. Hodges on 9/3/21. (vhor)
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| Filing 28 MOTION to Substitute Attorney by Mortgage Contracting Services, LLC. Response to Motion due by 9/17/2021. 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.Motions referred to Shiva V Hodges.(Elling, Tiffany) |
| Filing 27 NOTICE of Appearance by Tiffany P Elling on behalf of Mortgage Contracting Services, LLC (Elling, Tiffany) |
| Filing 26 ***DOCUMENTS MAILED 25 Text Order placed in U.S. Mail from Columbia Clerks Office to James Charles Kincannon, James John Todd Kincannon and Carolyn Roxie Todd Kincannon, 216 Jones Avenue, Simpsonville, SC 29681. (lbak) |
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Filing 25
TEXT ORDER In light of Plaintiffs #24 motion to amend the complaint, Plaintiffs are directed to file by September 10, 2021, the proposed amended complaint as a supplement to their motion. Defendants deadline to file a response to the motion to amend is extended to September 24, 2021. In addition, Defendants deadline to file a reply in support of ECF Nos. #6 and #13 is also extended to September 24, 2021, as the motions may become moot if the motion to amend is granted. (Specific Document due by 9/10/2021.) (Response to Motion due by 9/24/2021) (Reply to Response due by 9/24/2021). 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 Shiva V. Hodges on 9/1/2021. (lbak)
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| Filing 24 MOTION to Amend/Correct Complaint by Carolyn Roxie Todd Kincannon, James Charles Kincannon, James John Todd Kincannon. Response to Motion due by 9/14/2021; RESPONSE in Opposition re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #6 MOTION to Dismiss. Reply to Response to Motion due by 9/7/2021. 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. Motions referred to Shiva V. Hodges. (lbak) |
| Filing 23 ***DOCUMENTS MAILED 22 Text Order on Motion to Stay placed in U.S. Mail from Columbia Clerks Office to James Charles Kincannon, James John Todd Kincannon and Carolyn Roxie Todd Kincannon, 216 Jones Avenue, Simpsonville, SC 29681. (lbak) |
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Filing 22
TEXT ORDER finding as moot #20 Motion to Stay, as no scheduling order has issued and will not issue pending a ruling on the motion to dismiss. Signed by Magistrate Judge Shiva V. Hodges on 8/30/21. (vhor)
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| Filing 21 CERTIFICATE OF SERVICE by U.S. Bank National Association of proposed order granting stay. (Burgess, Chad) |
| Filing 20 First MOTION to Stay by U.S. Bank National Association. Response to Motion due by 9/10/2021. 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. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Shiva V Hodges.(Burgess, Chad) |
| Filing 19 ***DOCUMENTS MAILED 18 Text Order on Motion for Extension of Time to File Response/Reply placed in U.S. Mail from Columbia Clerks Office to James Charles Kincannon, James John Todd Kincannon and Carolyn Roxie Todd Kincannon, 216 Jones Avenue, Simpsonville, SC 29681. (lbak) |
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Filing 18
TEXT ORDER granting #17 Motion for Extension of Time to File Response/Reply re #6 MOTION to Dismiss. Plaintiffs' deadline to respond to motion by 8/31/2021. Signed by Magistrate Judge Shiva V. Hodges on 8/26/21. (vhor)
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| Filing 17 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss by Carolyn Roxie Todd Kincannon, James Charles Kincannon, James John Todd Kincannon. Response to Motion due by 9/8/2021. 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. Motions referred to Shiva V. Hodges. (lbak) |
| Filing 16 ***DOCUMENTS MAILED #15 Roseboro Order, placed in U.S. Mail from Columbia Clerks Office to James Charles Kincannon, James John Todd Kincannon and Carolyn Roxie Todd Kincannon, 216 Jones Avenue, Simpsonville, SC 29681. (lbak) |
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Filing 15
ROSEBORO ORDER directing clerk to forward explanation of dismissal procedures to the opposing party and directing that party to respond in 31 days. Response due to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response to Motion due by 8/30/2021. 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 Shiva V. Hodges on 7/29/2021. (lbak)
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| Filing 14 CERTIFICATE OF SERVICE by Mortgage Contracting Services, LLC re #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Stroud, Joanna) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mortgage Contracting Services, LLC. Response to Motion due by 8/12/2021. 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 1 - Mortgage, #2 Exhibit 2 - Special Referee's Order, #3 Exhibit 3 - Second Supplemental Special Referee's Report) No proposed order. Motions referred to Shiva V. Hodges.(Stroud, Joanna) Modified on 7/29/2021 to add descriptions to exhibits. (lbak) |
| Filing 12 Local Rule 26.01 Answers to Interrogatories by U.S. Bank National Association.(Burgess, Chad) |
| Filing 11 Corporate Disclosure Statement by U.S. Bank National Association identifying Corporate Parent U.S. Bancorp for U.S. Bank National Association.. (Burgess, Chad) |
| Filing 10 ***DOCUMENT MAILED #9 Order to Notify of Address Change placed in U.S. Mail from Columbia Clerks Office to James Charles Kincannon, James John Todd Kincannon and Carolyn Roxie Todd Kincannon, 216 Jones Avenue, Simpsonville, SC 29681. (lbak) |
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Filing 9
ORDER directing plaintiff to notify Clerk in writing of any address changes. Signed by Magistrate Judge Shiva V. Hodges on 7/23/2021. (mmcd)
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| Filing 8 ***DOCUMENT MAILED #7 Roseboro Order, placed in U.S. Mail from Columbia Clerks Office to James John Todd Kincannon, James Charles Kincannon, and Carolyn Roxie Todd Kincannon 216 Jones Avenue Simpsonville, SC 29681. (mmcd) |
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Filing 7
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 #6 MOTION to Dismiss Response to Motion due by 8/23/2021. 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 Shiva V. Hodges on 7/23/2021. (mmcd)
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| Filing 6 MOTION to Dismiss by U.S. Bank National Association. Response to Motion due by 8/5/2021. 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 Certificate of Service)Motions referred to Shiva V Hodges. (mmcd) |
| Filing 4 CERTIFICATE OF SERVICE by Mortgage Contracting Services re #3 Local Rule 26.01 Answers to Interrogatories, #1 Notice of Removal, 2 Civil Cover Sheet (mmcd) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Mortgage Contracting Services. (mmcd) |
| Filing 1 NOTICE OF REMOVAL from Colleton County Court of Common Pleas, case number 2021-CP-15-00318. (Filing fee $ 402 receipt number 0420-9976017), filed by Mortgage Contracting Services. (Attachments: #1 State Court Documents) (mmcd) Modified on 7/23/2021 to edit docket text (mmcd). |
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