Liggett v. Fifth Third Mortgage et al
| Liggett and Tracy Liggett |
| Fifth Third Mortgage, Freddie Mac and John Does 1-3 |
| 7:2016cv04011 |
| December 28, 2016 |
| US District Court for the District of South Carolina |
| Spartanburg Office |
| Spartanburg |
| Jacquelyn D Austin |
| Henry M Herlong |
| Real Property: Foreclosure |
| 15 U.S.C. § 1601 |
| None |
Docket Report
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| Filing 52 USCA MANDATE and JUDGMENT as to #45 Notice of Appeal, filed by Tracy Liggett (Attachments: #1 4CCA Judgment)(sfla) |
Filing 51
ORDER of USCA as to #45 Notice of Appeal filed by Tracy Liggett, GRANTING motion to DISMISS. (sfla)
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| Filing 49 ***DOCUMENT MAILED: NEF of #46 Transmittal Sheet for Notice of Appeal to USCA, #45 Notice of Appeal placed in U.S. Mail to pro se plaintiff (sfla) |
| Filing 48 ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re #45 Notice of Appeal, Electronic record successfully transmitted. (sfla, ) |
| Filing 47 Appeal Remark re #45 Notice of Appeal: screen capture showing ROA on 4CCA server (sfla, ) |
| Filing 46 Transmittal Sheet for Notice of Appeal to USCA re #45 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sfla, ) |
| Filing 45 NOTICE OF APPEAL as to #43 Judgment, #42 Order Ruling on Report and Recommendation, by Tracy Liggett. - Filing fee $ 505 (Receipt # SCX600007870). The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (sfla) |
| Filing 44 ***DOCUMENT MAILED #42 Order Ruling on Report and Recommendation, #43 Judgment placed in U.S. Mail to PRO SE Plaintiff (sfla, ) |
| Filing 43 JUDGMENT dismissing case (sfla) |
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Filing 42
ORDER RULING ON REPORT AND RECOMMENDATION for #33 Report and Recommendation, GRANTING #16 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim filed by Freddie Mac, Fifth Third Mortgage. Signed by Honorable Henry M Herlong, Jr on 9/14/17. (sfla)
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| Filing 40 OBJECTION to #33 Report and Recommendation by Tracy Liggett. Reply to Objections due by 9/26/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - Rescission letter dated November 7, 2016, #2 Exhibit 2 - "Neither God no Rescission are Dead", #3 Envelope postmarked 9/11/17)(gpre, ) |
| Filing 39 ***DOCUMENT MAILED 38 Order on Motion for Extension of Time placed in U.S. Mail to PRO SE Plaintiff (sfla, ) |
| Filing 38 TEXT ORDER granting #37 Motion for Extension of Time to File Objections to #33 Report and Recommendation. Objections due by 9/11/2017. Entered by Honorable Henry M Herlong, Jr on August 28, 2017. (bedw) |
| Filing 37 MOTION for Extension of Time to file Objection to the Report and Recommendation by Tracy Liggett. Response to Motion due by 9/8/2017. 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.(gpre, ) |
| Filing 36 ***DOCUMENT MAILED 35 Transfer of Case Management placed in U.S. Mail to Tracy Liggett (gpre, ) |
| Filing 35 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Henry M. Herlong, Jr.. Any future filings must be sent to the Clerk's Office at the following address: 300 East Washington Street, Greenville, SC 29601. (gpre, ) |
| Filing 34 ***DOCUMENT MAILED #33 REPORT AND RECOMMENDATION placed in U.S. Mail to Tracy Liggett (gpre, ) |
| Filing 33 REPORT AND RECOMMENDATION recommends #16 Defendants Fifth Third Mortgage and Freddie Macs motion to dismiss be GRANTED and this case be DISMISSED. Objections to R&R due by 8/28/2017 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 Jacquelyn D Austin on 8/14/2017. (Attachments: #1 Notice of Right to File Objection)(gpre, ) |
| Filing 32 REPLY to Response re #16 MOTION to Dismiss Defendants Fifth Third Mortgage and Freddie Mac MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Fifth Third Mortgage, Freddie Mac. (Laney, Shelton) Modified on 5/31/2017 to correct event type (gpre, ). |
| Filing 31 ***DOCUMENT MAILED 30 Order on Motion for Extension of Time to File Response/Reply placed in U.S. Mail to Tracy Liggett (kric, ) |
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Filing 30
TEXT ORDER granting #28 motion for extension of time. Defendants' reply is due by May 30, 2017. Signed by Magistrate Judge Jacquelyn D Austin on 5/19/2017.(kric, )
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| Filing 29 CERTIFICATE OF SERVICE by Fifth Third Mortgage, Freddie Mac re #28 MOTION for Extension of Time to File Response/Reply as to #26 Response in Opposition to Motion, to Dismiss Fifth Third Mortgage and Freddie Mac Motion to Dismiss for Failure to State a Claim (Attachments: #1 Exhibit Service Letter to Pro Se Plaintiff Liggett)(Laney, Shelton) |
| Filing 28 MOTION for Extension of Time to File Response/Reply as to #26 Response in Opposition to Motion, to Dismiss Fifth Third Mortgage and Freddie Mac Motion to Dismiss for Failure to State a Claim by Fifth Third Mortgage, Freddie Mac. Response to Motion due by 6/1/2017. 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.Motions referred to Jacquelyn D Austin.(Laney, Shelton) |
| Filing 26 RESPONSE in Opposition re #16 MOTION to Dismiss Defendants Fifth Third Mortgage and Freddie Mac MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by Tracy Liggett.Reply to Response to Motion due by 5/22/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Note & Recission Letter)(gpre, ) |
| Filing 24 ***DOCUMENT MAILED 23 Order on Motion for Extension of Time placed in U.S. Mail to Tracy Liggett (gpre, ) |
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Filing 23
TEXT ORDER granting #22 motion for extension of time. Plaintiff's response to #16 motion to dismiss is due by May 16, 2017. Signed by Magistrate Judge Jacquelyn D Austin on 5/3/2017.(gpre, )
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| Filing 22 MOTION for Extension of Time to file response to defendants' motion to dismiss by Tracy Liggett. Response to Motion due by 5/15/2017. 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.Motions referred to Jacquelyn D Austin.(gpre, ) |
| Filing 21 ***DOCUMENT MAILED #20 Roseboro Order, placed in U.S. Mail to Tracy Liggett (gpre, ) |
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Filing 20
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 34 days. Response due to #16 MOTION to Dismiss Defendants Fifth Third Mortgage and Freddie Mac MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM due by 5/4/2017. 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 Jacquelyn D Austin on 4/3/2017. (gpre, )
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| Filing 18 Local Rule 26.01 Answers to Interrogatories by Freddie Mac. (Attachments: #1 Certificate of Service)(Laney, Shelton) |
| Filing 17 Local Rule 26.01 Answers to Interrogatories by Fifth Third Mortgage. (Attachments: #1 Certificate of Service)(Laney, Shelton) |
| Filing 16 MOTION to Dismiss Defendants Fifth Third Mortgage and Freddie Mac, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 4/14/2017. 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 Fifth Third Mortgage, Freddie Mac. (Attachments: #1 Memo in Support of Motion to Dismiss, #2 Exhibit A-Promissory Note, #3 Exhibit B-Mortgage, #4 Exhibit C-Complaint in Fifth Third Mortgage Company v. Tracy L. Liggett, et al., Case No. 2016-CP-42-2422 (underlying foreclosure action pending in South Carolina Circuit Court), #5 Exhibit D-Affidavit of Service in Foreclosure Case No. 2016-CP-42-2422, #6 Exhibit E-Answer of Tracy L. Liggett in Foreclosure Case No. 2016-CP-42-2422 , #7 Exhibit F-Notice of Hearing in Foreclosure Case No. 2016-CP-42-2422 , #8 Exhibit G-Foreclosure Order in Foreclosure Case No. 2016-CP-42-2422 , #9 Exhibit H-Affidavit of Publication in Foreclosure Case No. 2016-CP-42-2422 , #10 Exhibit I-Notice of Appeal in Foreclosure Case No. 2016-CP-42-2422 , #11 Exhibit J-Bankruptcy Petition of Tracy Liggett, Case No. 17-00028-HB , #12 Exhibit K-Order Vacating the Sale in Foreclosure Case No. 2016-CP-42-2422 , #13 Exhibit L-Bankruptcy Order of Dismissal in Case No. 17-00028-HB , #14 Exhibit M-Tracy Liggetts Initial Brief regarding Foreclosure Case No. 2016-CP-42-2422 , #15 Certificate of Service)No proposed order.Motions referred to Jacquelyn D Austin.(Laney, Shelton) Modified on 4/5/2017 to add descriptions to attachments (gpre, ). (Additional attachment(s) added on 4/5/2017: #16 Exhibit List) (gpre, ). |
| Filing 15 ***DOCUMENT MAILED #1 Complaint, #12 Order Service - Non-Inmate, #14 Summonses Issued (5) placed in U.S. Mail to Tracy Liggett for service of process. (gpre, ) |
| Filing 14 Summons Issued as to John Does 1-3, Fifth Third Mortgage, Freddie Mac. (gpre, ) (Main Document 14 replaced on 2/8/2017) (gpre, ). |
| Filing 13 ***DOCUMENT MAILED #12 Order Service - Non-Inmate placed in U.S. Mail to Tracy Liggett (gpre, ) |
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Filing 12
ORDER authorizing service of process by clerk and directing plaintiff to notify the clerk in writing of any change of address. Signed by Magistrate Judge Jacquelyn D Austin on 2/1/2017. (gpre, )
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| Filing 10 Pro Se Party's ANSWERS to Rule 26.01 Interrogatories by Tracy Liggett.(gpre, ) |
| Filing 8 ***DOCUMENT MAILED #7 Proper Form Order, Summons forms (3), Pro Se Party's Rule 26.01 Interrogatories, placed in U.S. Mail to Tracy Liggett (gpre, ) |
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Filing 7
PROPER FORM ORDER directing Plaintiff to notify the clerk in writing of any change of address. Case to be brought into proper form by 1/31/2017. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Jacquelyn D Austin on 1/10/2017. (gpre, )
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| Filing 3 NOTICE of Lis Pendens by Tracy Liggett (gpre, ) |
| Filing 1 COMPLAINT against John Does 1-3, Fifth Third Mortgage, Freddie Mac ( Filing fee $ 400 receipt number SCX600007403.), filed by Tracy Liggett. Service due by 3/28/2017 (Attachments: #1 Exhibit A - Rescission Letter dated Tuesday, November 7, 2016, #2 Exhibit B - Mailing Confirmation)(gpre, ) |
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