Gilbert v. Wells Fargo Bank, N.A.
Adam J. Gilbert |
Wells Fargo Bank, N.A. |
2:2023cv04448 |
September 5, 2023 |
US District Court for the District of South Carolina |
Richard M Gergel |
Banks and Banking |
28 U.S.C. ยง 1331 Fed. Question |
Both |
Docket Report
This docket was last retrieved on October 26, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 12 ANSWER to Complaint by Wells Fargo Bank, N.A..(Wyman, Jason) |
Filing 11 ORDER AND OPINION: The Court grants in part and denies in part Wells Fargo's motion to dismiss. (Dkt. No. 6). The Court grants Wells Fargo's motion to dismiss Plaintiff's claims under S.C. Code Ann. 36-4A-201 et seq. and for improper payment/debit of account; negligence; violation of SCUPTA; and money had and received. The Court denies Wells Fargo's motion to dismiss Plaintiff's claims under S.C. Code Ann. 36-4A-207 and 36-4A-211. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/17/23.(ltap, ) Modified document type on 10/18/2023 (sshe, ). |
Filing 10 REPLY to Response to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Wells Fargo Bank, N.A.. (Wyman, Jason) |
Filing 9 TEXT ORDER granting #8 Motion for Extension of Time until 10/10/23 to File Reply to #7 Response in Opposition to Motion. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/29/23.(ltap, ) |
Filing 8 Consent MOTION for Extension of Time to File Response/Reply as to #7 Response in Opposition to Motion, by Wells Fargo Bank, N.A.. Response to Motion due by 10/12/2023. 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 Exhibit E-mail Confirming Consent to Extension)No proposed order.(Wyman, Jason) |
Filing 7 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Adam J. Gilbert.Reply to Response to Motion due by 10/3/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Maxfield, Dave) |
Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Wells Fargo Bank, N.A.. Response to Motion due by 9/29/2023. 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 Exhibit Declaration)No proposed order.(Wyman, Jason) |
Filing 5 LETTER EXTENDING TIME TO ANSWER Wells Fargo Bank, N.A. answer due 9/19/2023. (Attachments: #1 Exhibit Email Confirming Extension)(Wyman, Jason) |
Filing 4 Local Rule 26.01 Answers to Interrogatories by Adam J. Gilbert.(Maxfield, Dave) |
Filing 2 Local Rule 26.01 Answers to Interrogatories by Wells Fargo Bank, N.A..(hcor, ) |
Filing 1 NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2023CP1003721. (Filing fee $ 402 receipt number ASCDC-11300252), filed by Wells Fargo Bank, N.A.. (Attachments: #1 State Court Documents Exhibit A-Summons and Complaint, #2 State Court Documents Exhibit B - Evidence of Service)(hcor, ) |
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Plaintiff: Adam J. Gilbert | |
Represented By: | Dave Maxfield |
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Defendant: Wells Fargo Bank, N.A. | |
Represented By: | Jason David Wyman |
Represented By: | Shelton Sterling Laney, III |
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