Cymbidium Restoration, LLC v. U.S. Bank Trust, N.A. et al
Plaintiff: Cymbidium Restoration, LLC
Defendant: U.S. Bank Trust, N.A., U.S. Bank Trust, N.A. (AHP) and U.S. Bank Trust, N.A. (2015A+)
Case Number: 5:2024cv01298
Filed: March 18, 2024
Court: US District Court for the District of South Carolina
Presiding Judge: Timothy M Cain
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 29, 2024 Filing 23 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)
April 26, 2024 Filing 22 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)
April 25, 2024 Filing 21 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).
April 16, 2024 Filing 20 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)
April 12, 2024 Filing 19 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)
April 12, 2024 Filing 18 ANSWER to Complaint by U.S. Bank Trust, N.A. (2015A+), U.S. Bank Trust, N.A. (AHP).(Abee, Matthew)
April 10, 2024 Filing 16 REPLY by Cymbidium Restoration, LLC to 15 Order. (Foerster, Sean)
April 3, 2024 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)
March 29, 2024 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)
March 29, 2024 Filing 12 Local Rule 26.01 Answers to Interrogatories by Cymbidium Restoration, LLC.(Foerster, Sean)
March 27, 2024 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)
March 21, 2024 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. (Abee, Matthew)
March 21, 2024 Filing 8 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Bamberg County. (Attachments: #1 Acknowledgment of Filing Notice of Removal)(Abee, Matthew)
March 18, 2024 Filing 5 CLERK'S NOTICE: Plaintiff's Local Rule 26.01 Interrogatories (including section H) are due fourteen (14) days after removal. (jens)
March 18, 2024 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 clarify defendants (kmca). Modified on 4/1/2024: See #13 Amended 26.01s (kmca).
March 18, 2024 Filing 1 NOTICE OF REMOVAL from Bamberg County Court of Common Pleas, case number 2024-CP-05-00005. (Filing fee $ 405 receipt number ASCDC-11654419), 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 from Bamberg County Court of Common Pleas, #2 Exhibit 2- Declaration of Jorge Newbery, #3 Certificate of Service)(jens) Modified on 3/20/2024: to clarify defendants (kmca).

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Plaintiff: Cymbidium Restoration, LLC
Represented By: Sean Matthew Foerster
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Defendant: U.S. Bank Trust, N.A.
Represented By: Benjamin Rush Smith, III
Represented By: Matthew Adams Abee
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Defendant: U.S. Bank Trust, N.A. (AHP)
Represented By: Benjamin Rush Smith, III
Represented By: Matthew Adams Abee
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Defendant: U.S. Bank Trust, N.A. (2015A+)
Represented By: Benjamin Rush Smith, III
Represented By: Matthew Adams Abee
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