Cymbidium Restoration, LLC v. U.S. Bank Trust, N.A. et al
| Cymbidium Restoration, LLC |
| U.S. Bank Trust, N.A., U.S. Bank Trust, N.A. (AHP), U.S. Bank Trust, N.A. (2015A+) and U.S. Bank Trust, N.A. (Igloo Series) |
| 3:2024cv01297 |
| March 18, 2024 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 27 TEXT ORDER granting (24) Consent Motion for Extension of Time in case 8:24-cv-01283-TMC; granting (25) Consent Motion for Extension of Time in case 3:24-cv-01297-TMC; granting (21) Consent Motion for Extension of Time in case 5:24-cv-01298-TMC; granting (28) Consent Motion for Extension of Time in case 1:24-cv-01301-TMC; granting (21) Consent Motion for Extension of Time in case 4:24-cv-01310-TMC; granting (23) Consent Motion for Extension of Time in case 4:24-cv-01316-TMC; granting (22) Consent Motion for Extension of Time in case 3:24-cv-01315-TMC.AHP Defendants shall have through Monday, May 20, 2024, to respond to Plaintiff's Motions to Remand. Plaintiff shall have through Friday, May 17, 2024, to respond to AHP Defendants' Motions to Consolidate. U.S. Bank Trust, N.A. (Igloo Series) shall have through Wednesday, May 29, 2024, to answer or otherwise respond to Plaintiff's Amended Complaint (ECF No. 1-1) in Case No. 3:24-cv-01297-TMC. Entered at the direction of the Honorable Timothy M Cain on 4/29/24. Associated Cases: 8:24-cv-01283-TMC et al.(kmca) |
| Filing 26 RESPONSE in Opposition re (23 in 1:24-cv-01301-TMC, 22 in 8:24-cv-01283-TMC, 20 in 3:24-cv-01315-TMC, 19 in 4:24-cv-01310-TMC, 19 in 4:24-cv-01316-TMC, 23 in 3:24-cv-01297-TMC, 19 in 5:24-cv-01298-TMC) MOTION to Consolidate Cases Response filed by Cymbidium Restoration, LLC.Reply to Response to Motion due by 5/3/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 8:24-cv-01283-TMC et al.(Foerster, Sean) |
| Filing 25 Consent MOTION for Extension of Time Defendants' Response to Motions to Remand; Plaintiff's response to Motions to Consolidate; and U.S. Bank Trust, N.A. (Igloo Series)'s Answer to the Amended Complaint in 3-24-1297, by AHP Servicing, LLC, U.S. Bank Trust, N.A. (2015A+), U.S. Bank Trust, N.A. (AHP), U.S. Bank Trust, N.A.(2015A+). Response to Motion due by 5/9/2024. 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.Associated Cases: 8:24-cv-01283-TMC et al.(Abee, Matthew) Modified on 4/25/2024: to edit text (kmca). |
| Filing 24 MOTION to Remand to State Court by Cymbidium Restoration, LLC. Response to Motion due by 4/30/2024. 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 Declaration of William S. Weinstein, #3 Exhibit Affidavits of Service, #4 Exhibit Declaration of Sean M. Foerster)No proposed order.(Foerster, Sean) |
| Filing 23 MOTION to Consolidate Cases by AHP Servicing, LLC, U.S. Bank Trust, N.A. (2015A+), U.S. Bank Trust, N.A. (AHP), U.S. Bank Trust, N.A.(2015A+). Response to Motion due by 4/26/2024. 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.Associated Cases: 8:24-cv-01283-TMC et al.(Abee, Matthew) |
| Filing 22 ANSWER to Complaint by U.S. Bank Trust, N.A. (2015A+), U.S. Bank Trust, N.A. (AHP).(Abee, Matthew) |
| Filing 20 REPLY by Cymbidium Restoration, LLC to 15 Order. (Foerster, Sean) |
| Filing 19 TEXT ORDER granting #18 Consent Motion for Extension of Time to Answer. U.S. Bank Trust, N.A. (Igloo Series) answer due 4/29/2024. Entered at the direction of the Honorable Timothy M Cain on 4/9/24.(kmca) |
| Filing 18 Consent MOTION for Extension of Time to File Answer by U.S. Bank Trust, N.A. (Igloo Series). Response to Motion due by 4/22/2024. 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.(Coker, Meredith) |
| Filing 17 LETTER EXTENDING TIME TO ANSWER. U.S. Bank Trust, N.A. (Igloo Series) answer due 4/8/2024. (kmca) Re-filed by clerk to correct event. (kmca) |
| Filing 16 NOTICE of Appearance by Meredith Long Coker on behalf of U.S. Bank Trust, N.A. (Igloo Series) (Coker, Meredith) |
| Filing 15 TEXT ORDER. Jurisdiction in this matter is predicated upon diversity of citizenship pursuant to 28 U.S.C. 1332. Within ten (10) days of the date of this order, Plaintiff Cymbidium Restoration, LLC is to inform the court of the citizenship of all its members for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied. See 28 U.S.C. 1332; Gen. Tech. Applications, Inc. v. Exro Ltda, 388 F. 3d 114, 121 (4th Cir. 2004) (holding that "[a limited liability company] is an unincorporated association, akin to a partnership for diversity purposes, whose citizenship is that of its members."); see also Local Rule 26.01(H) (D.S.C.). Entered at the direction of the Honorable Timothy M Cain on 4/3/24. (Reply to Order due by 4/15/2024.)(kmca) |
| Filing 13 First Amended Local Rule 26.01 Answers to Interrogatories by U.S. Bank Trust, N.A. (2015A+), U.S. Bank Trust, N.A. (AHP).(Abee, Matthew) |
| Filing 12 Local Rule 26.01 Answers to Interrogatories by Cymbidium Restoration, LLC.(Foerster, Sean) |
| Filing 10 Global Text Order: Notices of Removal have been filed removing the following actions from state court to the U.S. District Court for the District of South Carolina: Case No. 8:24-cv-1283 (Oconee County Court of Common Pleas); Case No. 3:24-cv-1297 (Lee County Court of Common Pleas); Case No. 5:24-cv-1298 (Bamberg County Court of Common Pleas); Case No. 1:24-cv-1301 (Aiken County Court of Common Pleas); Case No. 4:24-cv-1310 (Chesterfield County Court of Common Pleas); Case No. 3:24-cv-1315 (Sumter County Court of Common Pleas); and Case No. 4:24-cv-1316 (Marlboro County Court of Common Pleas). In each case filed after Case No. 8:24-cv-1283, counsel for the removing parties filed a Civil Cover Sheet, form JS 44 reflecting that the case was related to Case No. 8:24-cv-1283, thereby relating all said cases. However, counsels answers to interrogatories pursuant to Local Rule 26.01, D.S.C. do not fully set forth the information required by Rule 26.01(E). Accordingly, counsel for the removing parties in each of the cases referenced herein is directed to comply with Rule 26.01(E) by March 29, 2024. Reference is also invited to the requirements of Rule 11, Fed. R. Civ. P. Failure to comply with this order may result in remand of the subject actions to state court. Signed by Honorable Timothy M Cain on 03/27/2024. Associated Cases: 8:24-cv-01283-TMC et al.(jens) |
| Filing 9 LETTER EXTENDING TIME TO ANSWER U.S. Bank Trust, N.A. (2015A+) answer due 4/12/2024; U.S. Bank Trust, N.A. (AHP) answer due 4/12/2024; U.S. Bank Trust, N.A. (Igloo Series) answer due 4/12/2024. (Abee, Matthew) |
| Filing 8 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Lee County. (Attachments: #1 Acknowledgment of Filing of Removal)(Abee, Matthew) |
| Filing 5 CLERK'S NOTICE: Plaintiff's Local Rule 26.01 Interrogatories (including section H) are due fourteen (14) days after removal. (jens) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by U.S. Bank Trust, N.A. (2015A+)(as Trustee of American Homeowner Preservation Trust Series 2015A+), U.S. Bank Trust, N.A.(AHP)(as Trustee of American Homeowner Preservation Trust Series AHP Servicing). (jens) Modified on 3/20/2024: to remove U.S. Bank Trust, N.A. (as Trustee of the Igloo Series V Trust) as filer, to clarify defendants (kmca). Modified on 4/1/2024: See #13 Amended 26.01s (kmca). |
| Filing 1 NOTICE OF REMOVAL from Lee County Court of Common Pleas, case number 2024-CP-31-00011. (Filing fee $ 405 receipt number ASCDC-11654384), filed by U.S. Bank Trust, N.A. (2015A+)(as Trustee of American Homeowner Preservation Trust Series 2015A+), U.S. Bank Trust, N.A.(AHP)(as Trustee of American Homeowner Preservation Trust Series AHP Servicing). (Attachments: #1 State Court Documents including Amended Complaint, #2 Exhibit -2 Consent to Removal by U.S. Bank Trust, N.A. as Trustee of the Igloo Series V Trust, #3 Exhibit -3 Declaration to Jorge Newbery)(jens) (Additional attachment(s) added on 3/18/2024: #4 Certificate of Service) (jens). Modified on 3/20/2024: to remove U.S. Bank Trust, N.A. (Igloo Series) as filer, to clarify defendants (kmca). |
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