Metts v. NewRez
| Mildred Metts |
| NewRez doing business as Shellpoint Mortgage Servicing |
| 3:2023cv02965 |
| June 23, 2023 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Mary Geiger Lewis. Any future filings must be sent to the Clerk's Office at the following address: 901 Richland Street, Columbia, SC 29201. (lbak) |
| Filing 28 REPORT AND RECOMMENDATION recommending the district judge grant Plaintiff's #20 motion to amend, deny as moot, Defendant's #9 motion to dismiss and remand the case to the Court of Common Pleas for Richland County, South Carolina. Objections to R&R due by 8/18/2023. 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. Signed by Magistrate Judge Shiva V. Hodges on 8/4/2023. (lbak) |
| Filing 27 RESPONSE to Motion re #20 First MOTION to Amend/Correct Summons and Complaint Response filed by NewRez.Reply to Response to Motion due by 8/9/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Milam, G) |
| Filing 26 AMENDED COMPLAINT against Mildred Metts, filed by Mildred Metts. Service due by 10/30/2023 (Metts, Mildred) |
| Filing 25 ANSWER to Interrogatories from Plaintiff by Mildred Metts.(Metts, Mildred) |
| Filing 24 DELETION OF DOCKET ENTRY NUMBER 16 Reason: Corrected document filed at #23 . (lbak) |
| Filing 23 SUPPLEMENT by Mildred Metts to #12 Response in Opposition to Motion. (lbak) Re-filed by clerk to correct event type. |
| Filing 22 Deficiency Notification (Prior notifications sent via e-mail to the email on file and to staff@mettslawfirm.com)In Re Document Number:16 The document was filed using the incorrect event. It should have been filed as a supplement to the response. The case number does not contain the US District Court Case number, the pleading does not show the correct caption as this case is now in the US District Court, not the "State of South Carolina in the Common Pleas Court 5th Judicial Circuit". Please correct the document, file using the correct event and link to the corresponding document. Once completed, the Clerk will delete the incorrect document. It also appears that your email address has changed. You will need to correct it so that any NEF or email will go to the correct email address. Should you have questions regarding changes to your ECF account, please contact the systems department at 803-253-3605. Any response due is based on the filing date of the original document. (lbak) |
Filing 21
TEXT ORDER: The court has reviewed Plaintiff's filings at ECF No. 19 and 20. Plaintiff failed to respond to the court's specific interrogatories and instead responded in her own words instead of the language directed by the court. Plaintiff is directed to respond to the specific interrogatories propounded by the court with a "yes" or "no" response by August 4, 2023. Additionally, the court notes that Plaintiff has filed a motion to amend the complaint that still contains a federal claim for her Fourth Cause of Action, despite her claims in ECF No. 19 that she is bringing no federal causes of action. Plaintiff's deadline to comply with the court's order at ECF No. 17 remains August 4, 2023. Signed by Magistrate Judge Shiva V. Hodges on 7/20/23.(vhor)
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| Filing 19 REPLY by Mildred Metts to #17 SPECIAL INTERROGATORIES ON JURISDICTIONAL FACTS. Re-filed by Clerk to correct event type. (lbak) Modified on 7/20/2023 to correct document number. (lbak) |
| Filing 20 First MOTION to Amend/Correct Summons and Complaint by Mildred Metts. Response to Motion due by 8/2/2023. 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 State Court Documents Amended Summons and Complaint)No proposed order.Motions referred to Shiva V Hodges.(Metts, Mildred) |
| Filing 18 ***DOCUMENT MAILED #17 Order placed in U.S. Mail from Columbia Clerks Office to Mildred Rita Metts, Metts law Firm, PO Box 21023, Columbia, SC 29221. (E-mail address on the system is incorrect. Have reached out twice asking that the email address be updated in ECF). (lbak) |
| Filing 17 SPECIAL INTERROGATORIES ON JURISDICTIONAL FACTS directing Plaintiff to respond to the following inquiry by August 4, 2023, clarifying the maximum extent of damages which she intended to pursue at the time this case was removed and, if the amount does not exceed $75,000, whether Plaintiff concedes that she does not intend to seek more at a later time. If Plaintiff did not intend to pursue damages adequate to satisfy the jurisdictional threshold at the time of filing and if she stipulates to such limitation having a binding effect, and if there is no federal question at issue, as discussed more below, the undersigned will recommend to the presiding District Judge that this matter be remanded to state court; address, no later than August 4, 2023, Defendant's argument that she is asserting federal claims and those claims provide the basis for this court's jurisdiction over Plaintiff's case pursuant to 28 U.S.C. 1331 and 28 U.S.C. 1367(a). To the extent Plaintiff wishes to amend her complaint, removing these claims, she should file the requisite motion to amend no later than August 4, 2023. (Specific Documents due by 8/4/2023.) Signed by Magistrate Judge Shiva V. Hodges on 7/18/2023. (lbak) |
| Filing 15 REPLY (in Support of Motion) to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by NewRez. Re-filed by Clerk to correct event type. (lbak) |
| Filing 13 CASE REFERRED to Magistrate Judge Shiva V Hodges pursuant to LR 73.02. Motions referred to Shiva V Hodges.(cbru, ) |
| Filing 12 RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Mildred Metts.Reply to Response to Motion due by 7/12/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Metts, Mildred) Supplement added on 7/21/2023 at #23 . (lbak) |
| Filing 11 TEXT ORDER: It appears to the Court that Plaintiff and Plaintiff's counsel may be one and the same person. Counsel has been contacted by the Clerk's Office regarding this issue, but has failed to respond to the Clerk's inquiry. Therefore, no later than July 7, 2023, Plaintiff's counsel shall file a reply to this order informing the Court if Plaintiff and Plaintiff's counsel are, in fact, the same person. IT IS SO ORDERED. (Reply due by 7/7/2023) Signed by Honorable Mary Geiger Lewis on 7/5/2023. (cbru, ) |
| Filing 10 DELETION OF DOCKET ENTRY NUMBER 6, 7. Reason: Multiple deficiencies. Corrected Filing Document Number #9 . Modified filing date to that of original filing: 6/30/2023. Response due date modified to that of original filing: 7/14/2023. (cbru, ) Modified to edit text on 7/5/2023 (cbru, ). |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NewRez. Response to Motion due by 7/14/2023. 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 Memo in Support, #2 Exhibit A - Mortgage)No proposed order.(Milam, G) Modified to add description to attachment and to edit filing and response due dates on 7/5/2023 (cbru, ). (Attachment 1 replaced on 7/5/2023) (cbru, ). |
| Filing 8 REPLY by NewRez Statement in Response to Standing Order for Removed Cases. (Milam, G) |
| 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 http://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 7/5/2023) Signed by Honorable Mary Geiger Lewis on 6/26/2023. (cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by NewRez.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Richland County Court of Common Pleas, case number 2023-CP-40-002357 (Filing fee $402 receipt number ASCDC-11172928) filed by NewRez. (Attachments: #1 Exhibit A - State Court Documents)(cbru, ) |
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| Plaintiff: Mildred Metts | |
| Represented By: | Mildred Rita Metts |
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| Defendant: NewRez doing business as Shellpoint Mortgage Servicing | |
| Represented By: | G Benjamin Milam |
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