Shayne v. Discover Bank
| Les Shayne and Leslie Jay Shayne |
| Discover Bank |
| 8:2021cv03544 |
| October 28, 2021 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Kevin McDonald |
| Personal Property: Other |
| 28 U.S.C. § 1442 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 40 CERTIFICATE OF SERVICE by Les Shayne for 12/13/21 Letter to Court. (Attachments: #1 Envelope)(jtho, ) |
| Filing 39 ***DOCUMENT MAILED 38 Order on Motion for Extension of Time,, placed in U.S. Mail from Greenville Clerks Office to Les Shayne PO Box 503 109 North Catherine Street Walhalla, SC 29691 (rweb, ) |
Filing 38
TEXT ORDER denying as moot #36 motion for extension of time. The plaintiff seeks additional time to respond to the defendant's motion to dismiss (doc. 36). On December 17, 2021, the undersigned issued an order informing the plaintiff that he had until January 3, 2022, to respond to the defendant's motion (doc. 34). As such, the plaintiff's motion for extension of time is denied as moot. Signed by Magistrate Judge Kevin McDonald on 12/20/21.(rweb, )
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| Filing 37 CERTIFICATE OF SERVICE by Les Shayne re #32 MOTION to Remand to State Court (Attachments: #1 Envelope)(jtho, ) |
| Filing 36 MOTION for Extension of Time by Les Shayne. Response to Motion due by 1/4/2022. 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 Kevin McDonald.(rweb, ) |
| Filing 35 ***DOCUMENT MAILED #34 Order, Set Deadlines, placed in U.S. Mail from Greenville Clerks Office to Les Shayne PO Box 503 109 North Catherine Street Walhalla, SC 29691 (kric, ) |
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Filing 34
ORDER re #6 MOTION to Dismiss filed by Discover Bank, ( Response to Motion to Dismiss due by 1/3/2022. 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 Kevin McDonald on 12/17/2021. (kric, )
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| Filing 32 MOTION to Remand to State Court by Les Shayne. Response to Motion due by 12/29/2021. 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 Motion exhibit 1 order involving protection, #2 Motion exhibit 2 Order regarding contempt of court, #3 Memo in Support, #4 Memo exhibit 1 Order involving protection, #5 Memo Exhibit 2 Order regarding contempt, #6 Memo Exhibit 3 Letter to Probate Court, #7 Affidavit by plaintiff in support, #8 Affidavit exhibit 1 Certificate of Deposits, #9 Affidavit exhibit 2 Fox Rothchild document, #10 Affidavit Exhibit 3 Oconee Federal Document, #11 Affidavit Exhibit 4 Certificate of Appointment, #12 Affidavit exhibit 5 Order Appointing Les Shayne, #13 Affidavit Exhibit 6 Power of Attorney, #14 Affidavit Exhibit 7 Blue Ridge Bank Statement, #15 Affidavit exhibit 8 Discover Statements, #16 Affidavit exhibit 9 Order Regarding Protection, #17 Affidavit Exhibit 10 Contempt Order, #18 Affidavit Exhibit 11 Order on Motion to Stay, #19 Affidavit Exhibit 12 Statement of Interpleader Action, #20 Affidavit Exhibit 13 Summons, #21 Affidavit Exhibit 14 Order Regarding Power of Attorney scanned best possible, #22 Affidaivit Exhibit 15 Certificastion of Cynthia Busbee, #23 Affidavit Exhibit 16 Memorandum to Probate Court, #24 Affidavit Exhibit 17 Certificate of Appointment, #25 Cover letter)No proposed order.Motions referred to Kevin McDonald.(kric, ) |
| Filing 30 RESPONSE in Opposition re #27 MOTION for Hearing, #26 MOTION to Stay Response filed by Discover Bank.Reply to Response to Motion due by 12/17/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - 9/27/21 District of New Jersey Order, #2 Exhibit B - 2/8/21 District of New Jersey Order)(Elliott, David) |
| Filing 28 Letter regarding case from Leslie Shayne. (Attachments: #1 Attachments to letter) Hand Delivered(kric, ) |
| Filing 27 MOTION for Hearing by Les Shayne. Response to Motion due by 12/29/2021. 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 Affidavit of plaintiff) hand delivered by plaintiff Motions referred to Kevin McDonald.(kric, ) |
| Filing 26 MOTION to Stay by Les Shayne. Response to Motion due by 12/29/2021. 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 Envelope)No proposed order.Motions referred to Kevin McDonald.(kric, ) |
| Filing 24 DELETION OF DOCKET ENTRY NUMBER 22 Reason: incorrect event Corrected Filing Document Number #23 Modified filing date to that of original filing: 12/7/2021 (kric, ) |
| Filing 23 RESPONSE in Opposition re #17 MOTION to Remand Response filed by Discover Bank.Reply to Response to Motion due by 12/14/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Refiled by clerk to correct event type. (kric, ) |
| Filing 21 Local Rule 26.01 Answers to Interrogatories by Les Shayne.(kric, ) |
| Filing 19 ***DOCUMENT MAILED #18 Order placed in U.S. Mail from Greenville Clerks Office to Les Shayne PO Box 503 109 North Catherine Street Walhalla, SC 29691 with LR26.01 interrogatories (kric, ) |
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Filing 18
ORDER regarding address and filing of LR26.01 interrogatories. LR26.01 interrogatories due by plaintiff on 12/12/2021 Signed by Magistrate Judge Kevin McDonald on 12/2/2021. (kric, )
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| Filing 16 MOTION for Sanctions by Discover Bank. Response to Motion due by 12/15/2021. 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 Kevin McDonald.(Elliott, David) |
| Filing 17 Motion to Remand from Leslie Shayne. (Attachments: #1 State Court Documents, #2 Amended Letter received on 12/1/2021)(kric, ) (Additional attachment(s) added on 12/3/2021: #3 Certificate of Service) (kric, ). Modified on 12/8/2021 to edit text (kric, ). |
| Filing 15 ***DOCUMENT MAILED #14 Proper Form Order, placed in U.S. Mail from Greenville Clerks Office to Les Shayne PO Box 503 109 North Catherine Street Walhalla, SC 29691 with blank LR26.01 interrogatories (kric, ) |
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Filing 14
ORDER regarding address updates and filing of 26.01 pro se interrogatores. LR26.01 to be filed by plaintiff by 11/23/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kevin McDonald on 11/9/2021. (kric, )
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| Filing 13 ***DOCUMENT MAILED #12 Roseboro Order, placed in U.S. Mail from Greenville Clerks Office to Les Shayne PO Box 503 109 North Catherine Street Walhalla, SC 29691 (kric, ) |
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Filing 12
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #6 MOTION to Dismiss Response to Motion due by 12/10/2021. 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 Kevin McDonald on 11/9/2021. (kric, )
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| Filing 11 Sealed Document in re document #6 . (Attachments: #1 Exhibit Sealed Exhibit E to Motion to Dismiss)(Elliott, David) |
| Filing 10 ***DOCUMENT MAILED 9 Order on Motion to Seal, placed in U.S. Mail from Greenville Clerks Office to Les Shayne PO Box 503 109 North Catherine Street Walhalla, SC 29691 (kric, ) |
| Filing 9 TEXT ORDER granting #7 the defendant's motion to file two documents in support of their motion to dismiss #6 under seal. The basis for the motion to seal is that the two court orders are filed under seal in their respective courts. The defendant has provided the documents at issue for the court's review. The undersigned hereby finds that the defendant has fully complied with the procedure required by Local Civil Rule 5.03 (D.S.C.), and the factors for sealing documents as set forth in Ashcroft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000), and In re Knight Publishing Co., 743 F.2d 231, 235 (4th Cir. 1984), are met. Accordingly, the motion to seal #7 is granted. The defendant is directed to file the documents under seal by 5:00 today. IT IS SO ORDERED. Signed by Magistrate Kevin F. McDonald on 11/5/2021.(kric, ) Modified on 11/5/2021 to edit text (kric, ). |
| Filing 7 MOTION to Seal by Discover Bank. Response to Motion due by 11/18/2021. 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 Exhibit A - Index and Certificate of Compliance, #2 Memo in Support Memorandum of Law in Support of Motion to Seal)No proposed order.Motions referred to Kevin McDonald.(Elliott, David) |
| Filing 6 MOTION to Dismiss by Discover Bank. Response to Motion due by 11/18/2021. 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 Exhibit A -9/14/18 Order, #2 Exhibit B - 10/18/18 Complaint, #3 Exhibit C - Verified Complaint for Interpleader, #4 Exhibit D - 1/22/19 Complaint, #5 Exhibit E - Injunction Order, #6 Exhibit F - 9/27/21 Order, #7 Exhibit G - Report of Magistrate Judge, #8 Exhibit H - 4/25/19 Dismissal Order, #9 Exhibit I - 5/9/19 Dismissal Order, #10 Memo in Support Memorandum of Law in Support of Motion to Dismiss)No proposed order.Motions referred to Kevin McDonald.(Elliott, David) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Discover Bank.(arut) |
| Filing 1 NOTICE OF REMOVAL from Oconee County Court of Common Pleas, case number 2021CP3700661. (Filing fee $402 receipt number 0420-10152168), filed by Discover Bank. (Attachments: #1 State Court Documents)(arut) |
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