Liggett v. Fifth Third Mortgage et al
Plaintiff: Liggett and Tracy Liggett
Defendant: Fifth Third Mortgage, Freddie Mac and John Does 1-3
Case Number: 7:2016cv04011
Filed: December 28, 2016
Court: US District Court for the District of South Carolina
Office: Spartanburg Office
County: Spartanburg
Presiding Judge: Jacquelyn D Austin
Referring Judge: Henry M Herlong
Nature of Suit: Real Property: Foreclosure
Cause of Action: 15:1601
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 6, 2018 Filing 52 USCA MANDATE and JUDGMENT as to #45 Notice of Appeal, filed by Tracy Liggett (Attachments: #1 4CCA Judgment)(sfla)
July 6, 2018 Opinion or Order Filing 51 ORDER of USCA as to #45 Notice of Appeal filed by Tracy Liggett, GRANTING motion to DISMISS. (sfla)
March 13, 2018 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)
March 12, 2018 Filing 48 ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re #45 Notice of Appeal, Electronic record successfully transmitted. (sfla, )
March 12, 2018 Filing 47 Appeal Remark re #45 Notice of Appeal: screen capture showing ROA on 4CCA server (sfla, )
March 12, 2018 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, )
March 12, 2018 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)
September 14, 2017 Filing 44 ***DOCUMENT MAILED #42 Order Ruling on Report and Recommendation, #43 Judgment placed in U.S. Mail to PRO SE Plaintiff (sfla, )
September 14, 2017 Filing 43 JUDGMENT dismissing case (sfla)
September 14, 2017 Opinion or Order 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)
September 12, 2017 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, )
August 31, 2017 Filing 39 ***DOCUMENT MAILED 38 Order on Motion for Extension of Time placed in U.S. Mail to PRO SE Plaintiff (sfla, )
August 28, 2017 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)
August 25, 2017 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, )
August 14, 2017 Filing 36 ***DOCUMENT MAILED 35 Transfer of Case Management placed in U.S. Mail to Tracy Liggett (gpre, )
August 14, 2017 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, )
August 14, 2017 Filing 34 ***DOCUMENT MAILED #33 REPORT AND RECOMMENDATION placed in U.S. Mail to Tracy Liggett (gpre, )
August 14, 2017 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, )
May 30, 2017 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, ).
May 19, 2017 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, )
May 19, 2017 Opinion or Order 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, )
May 18, 2017 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)
May 18, 2017 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)
May 15, 2017 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, )
May 3, 2017 Filing 24 ***DOCUMENT MAILED 23 Order on Motion for Extension of Time placed in U.S. Mail to Tracy Liggett (gpre, )
May 3, 2017 Opinion or Order 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, )
May 1, 2017 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, )
April 3, 2017 Filing 21 ***DOCUMENT MAILED #20 Roseboro Order, placed in U.S. Mail to Tracy Liggett (gpre, )
April 3, 2017 Opinion or Order 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, )
March 31, 2017 Filing 18 Local Rule 26.01 Answers to Interrogatories by Freddie Mac. (Attachments: #1 Certificate of Service)(Laney, Shelton)
March 31, 2017 Filing 17 Local Rule 26.01 Answers to Interrogatories by Fifth Third Mortgage. (Attachments: #1 Certificate of Service)(Laney, Shelton)
March 31, 2017 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, ).
February 6, 2017 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, )
February 6, 2017 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, ).
February 1, 2017 Filing 13 ***DOCUMENT MAILED #12 Order Service - Non-Inmate placed in U.S. Mail to Tracy Liggett (gpre, )
February 1, 2017 Opinion or Order 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, )
January 31, 2017 Filing 10 Pro Se Party's ANSWERS to Rule 26.01 Interrogatories by Tracy Liggett.(gpre, )
January 10, 2017 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, )
January 10, 2017 Opinion or Order 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, )
December 28, 2016 Filing 3 NOTICE of Lis Pendens by Tracy Liggett (gpre, )
December 28, 2016 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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Plaintiff: Liggett
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Plaintiff: Tracy Liggett
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Defendant: Fifth Third Mortgage
Represented By: Shelton Sterling Laney, III
Represented By: Joshua L Howard
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Defendant: Freddie Mac
Represented By: Shelton Sterling Laney, III
Represented By: Joshua L Howard
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Defendant: John Does 1-3
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