Gilbert et al v. Ottich Enterprises, LLC et al
| Joy M. Prisk and Keith Gilbert |
| Credit Acceptance Corporation, John Does and Ottich Enterprises, LLC |
| 3:2021cv00006 |
| January 4, 2021 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Truth in Lending |
| 15 U.S.C. § 1601 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 4, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 32 SECOND NOTICE OF JOINDER re #1 Notice of Removal by James R Snell, Jr on behalf of Ottich Enterprises, LLC. Refiled to correct event type (cbru, ) |
| Filing 31 SECOND NOTICE OF JOINDER re #8 MOTION to Dismiss, MOTION to Compel Arbitration by James R Snell, Jr on behalf of Ottich Enterprises, LLC. Refiled to correct event type (cbru, ) (Main Document 31 replaced on 3/1/2021) (cbru, ). |
| Filing 30 AMENDED ANSWER to Complaint by Ottich Enterprises, LLC. Refiled to correct event type (cbru, ) |
| Filing 29 DELETION OF DOCKET ENTRY NUMBER 28. Reason: Per request of e-filing attorney. (cbru, ) |
| Filing 27 Local Rule 26.01 Answers to Interrogatories by Ottich Enterprises, LLC.(Snell, James) |
| Filing 26 REPLY to Response to Motion re #12 MOTION to Remand to State Court Response filed by Keith Gilbert, Joy M. Prisk. (Miles, Temus) (Main Document 26 replaced on 2/12/2021) (cbru, ). |
| Filing 24 CLERK'S NOTICE: Defendant Ottich Enterprises, 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 February 19, 2021. (cbru, ) |
| Filing 23 ANSWER to Complaint by Ottich Enterprises, LLC.(Snell, James) (Main Document 23 replaced on 2/8/2021) (cbru, ). |
| Filing 22 NOTICE OF JOINDER re #1 Notice of Removal by James R Snell, Jr on behalf of Ottich Enterprises, LLC (Snell, James) Modified to link correct event to associated event on 2/5/2021 (cbru, ). (Main Document 22 replaced on 2/8/2021) (cbru, ). |
| Filing 21 NOTICE OF JOINDER re #8 MOTION to Dismiss, MOTION to Compel Arbitration by James R Snell, Jr on behalf of Ottich Enterprises, LLC (Snell, James) Modified to link correct event to associated event on 2/5/2021 (cbru, ). (Main Document 21 replaced on 2/8/2021) (cbru, ). |
| Filing 20 RESPONSE in Opposition re #12 MOTION to Remand to State Court Response filed by Credit Acceptance Corporation.Reply to Response to Motion due by 2/11/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Williams, Blake) |
| Filing 19 TEXT ORDER granting #17 Motion for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss, MOTION to Compel Arbitration until fourteen (14) days after the issuance of a ruling on Plaintiffs' Motion to Remand. Signed by Honorable Mary Geiger Lewis on 1/22/2021.(cbru, ) Modified to edit text to correct scrivener's error on 1/22/2021 (cbru, ). |
| Filing 18 DELETION OF DOCKET ENTRY NUMBER 16. Reason: Document should not have been filed. (cbru, ) |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss MOTION to Compel Arbitration by Keith Gilbert, Joy M. Prisk. Response to Motion due by 2/5/2021. 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 Exhibit Affadavit of Temus C. Miles, Jr.)No proposed order.(Miles, Temus) |
| Filing 15 Local Rule 26.01 Answers to Interrogatories by Keith Gilbert, Joy M. Prisk.(Miles, Temus) |
| Filing 13 CLERK'S NOTICE: Plaintiffs are 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 February 4, 2021. (cbru, ) |
| Filing 12 MOTION to Remand to State Court by Keith Gilbert, Joy M. Prisk. (Response to Motion due by 2/4/2021. 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 Memorandum in Support, #2 Exhibit A - Affidavit of Temus C. Miles, Esq, #3 Exhibit 1 - Letter Serving Summons and Complaint on Ottich, #4 Exhibit 2 - Certified Mail Receipt for Letter Serving Summons and Complaint, #5 Exhibit 3 - Phone Call logs for Ottich calls (three pages), #6 Exhibit 4 - Statement of Service and Extension to Respond, #7 Exhibit 5 - Phone call log for Post Office (one page), #8 Exhibit 6 - Receipt of Delivery for tracking No. 70190700000037729585)No proposed order.(Miles, Temus) Modified to edit text, to add descriptions to attachments, and to add filer listed on document on 1/21/2021 (cbru, ). |
| Filing 11 TEXT ORDER: As per paragraph seven of Defendant Defendant Credit Acceptance Corporation's (CAC) response to the Court's standing order regarding removed cases, it appears this case may be subject to remand, assuming Plaintiff files an appropriate and timely motion to remand. The Court's observation is based upon CAC's failure to secure Defendant Ottich Enterprises, LLC's consent before removing this action. See 28 U.S.C. 1446(b)(2)(A) ("When a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action."). "A motion to remand the case on the basis of any defect [such as this] must be made within [thirty] days after the filing of the notice of removal[,]" 28 U.S.C. 1447(c), which is February 3, 2021. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 1/14/2021. (cbru, ) |
| Filing 10 REPLY by Credit Acceptance Corporation to 4 Order,,, Set Deadlines,, . (Williams, Blake) |
| Filing 9 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Lexington County. (Attachments: #1 Acknowledgement of Notice of Removal)(Williams, Blake) Modified to edit text on 1/13/2021 (cbru, ). |
| Filing 8 MOTION to Dismiss, MOTION to Compel Arbitration (Response to Motion due by 1/22/2021. 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.) by Credit Acceptance Corporation. (Attachments: #1 Memo in Support, #2 Exhibit A - Signed Declaration of Laura Belleville & Exhibits, #3 Exhibit B - Opinion & Order, Taylor v. Credit Acceptance et al)No proposed order.(Williams, Blake) Modified to edit text on 1/8/2021 (cbru, ). |
| Filing 7 DELETION OF DOCKET ENTRY NUMBER 6. Reason: Per request of e-filing attorney. Corrected filing forthcoming. (cbru, ) |
| Filing 4 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 https://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 1/13/2021) Signed by Honorable Mary Geiger Lewis on 1/6/2021. (cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Credit Acceptance Corporation.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Lexington County Court of Common Pleas, case number 2020-CP-32-03889 (Filing fee $402 receipt number 0420-9564984) filed by Credit Acceptance Corporation. (Attachments: #1 Exhibit A - State Court File)(cbru, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
