Mitchell v. NewRez, LLC
Plaintiff: David Mitchell and David Michel
Defendant: NewRez, LLC
Case Number: 2:2021cv03905
Filed: December 1, 2021
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 28, 2022 Filing 13 MOTION to Dismiss Plaintiff's Amended Complaint by NewRez, LLC. Response to Motion due by 2/11/2022. 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.(Koutrakos, Demetri)
January 26, 2022 Opinion or Order Filing 12 ORDER granting #11 Motion to Deposit Funds. Having considered the motion and stipulation, the Court finds that good cause exists to grant the relief sought therein. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/26/22.(ltap, )
January 26, 2022 Filing 11 MOTION to Deposit Funds by David Michel. Response to Motion due by 2/9/2022. 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 Proposed Order Consent Order to Deposit Funds into Registry of Court)Proposed order is being emailed to chambers with copy to opposing counsel.(Howe, Donald)
January 19, 2022 Filing 10 TEXT ORDER: Defendant moved to dismiss the complaint for failure to state a claim on which relief can be granted. (Dkt. No. 7). The Court gave Plaintiff leave to amend the pleading to cure its purported defects or to respond in opposition. Plaintiff has filed an amended complaint. Therefore, Defendants motion to dismiss the complaint is DENIED WITHOUT PREJUDICE as moot. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/19/22.(ltap, )
January 17, 2022 Filing 9 AMENDED COMPLAINT against NewRez, LLC, filed by David Michel. Service due by 4/18/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (Howe, Donald)
January 9, 2022 Opinion or Order Filing 8 ORDER: Plaintiff is DIRECTED to file either an amended complaint or a response to the instant motion on or before January 17, 2022. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/9/22. (ltap, )
January 7, 2022 Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NewRez, LLC. Response to Motion due by 1/21/2022. 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.(Koutrakos, Demetri)
December 16, 2021 Filing 6 NOTICE of Appearance by Demetri K Koutrakos on behalf of NewRez, LLC (Koutrakos, Demetri)
December 8, 2021 Filing 5 CONSENT ORDER GRANTING EXTENSION TO RESPOND TO COMPLAINT granting Defendant NewRez LLC's #4 Motion for Extension of Time until January 7, 2022 to file its answer or other response to the Complaint. IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/8/2021.(sshe, )
December 8, 2021 Filing 4 Consent MOTION for Extension of Time to Respond to Complaint by NewRez, LLC. Response to Motion due by 12/22/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Milam, G)
December 1, 2021 Filing 2 ANSWER to Complaint by NewRez, LLC. (adic, )
December 1, 2021 Filing 1 NOTICE OF REMOVAL from Court of Common Pleas for the Ninth Judicial Circuit, Charleston County, South Carolina, case number 2021-CP-10-04865. (Filing fee $ 402 receipt number ASCDC-10212801). filed by NewRez, LLC. (Attachments: #1 State Court Documents Exhibits). (adic, )

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Plaintiff: David Mitchell
Represented By: Donald Higgins Howe
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Plaintiff: David Michel
Represented By: Donald Higgins Howe
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Defendant: NewRez, LLC
Represented By: G Benjamin Milam
Represented By: Demetri K Koutrakos
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