This case was last updated from U.S. District Courts on 03/22/2022 at 22:45:17 (UTC).

Leach v. TD Bank, N.A. et al

Case Summary

On 01/06/2022 Leach filed a Finance - Consumer Credit lawsuit against TD Bank, N A. This case was filed in U.S. District Courts, North Carolina Eastern District. The Judge overseeing this case is James C. Dever, III. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    5:22-CV-00009

  • Filing Date:

    01/06/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Finance - Consumer Credit

Judge Details

Presiding Judge

James C. Dever, III

 

Party Details

Plaintiff

Curtis Leach

Defendants

TD Bank, N.A.

USAA Federal Savings Bank

Bridgecrest Credit Company

Hunter Warfield Inc.

Stalling Mills Apartments

Lincoln Property Group doing business as The Landing at Vinnin Square

Ashley Homestores, LTD

Ashley Homestore Holdings, Inc.

Synchrony Bank

Lead Bank

Okinus, inc.

RAC Acceptance East, LLC doing business as Acceptance Now

Rent-A-Center doing business as Acima Credit, LLC

Santander Consumer USA

Capital One Auto Finance Inc.

Capital One

Matthew Motors Clayton

Leith Chrysler Plymouth Jeep/Eagle, Inc.

Fair Collections & Outsourcing of New England, Inc.

Attorney/Law Firm Details

Defendant Attorneys

Caroline E. Keen

Attorney at McGuireWoods LLP

201 North Tryon Street, Suite 3000

Charlotte, NC 28202-2146

Jasmine Kelly Gardner

Attorney at McGuire Woods LLP

201 North Tryon Street, Suite 3000

Charlotte, NC 28202

Mark W. Kinghorn

Attorney at McGuire Woods LLP

201 North Tryon Street, Suite 3000

Charlotte, NC 28202

Alfred D. Carry

Attorney at McGlinchey Stafford PLLC

1275 Pennsylvania Avenue Nw, Suite 420

Washington, DC 20002

R. Andrew Patty, II

Attorney at McGlinchey Stafford, PLLC

Fourteenth Floor, One American Place

Baton Rouge, LA 70825

Diane K. Pappayliou

Attorney at Butler Snow LLP

6752 Rock Spring Road, Suite 310

Wilmington, NC 28405

David Anthony Grassi

Attorney at The Echols Firm, LLC

224 Oakland Avenue

Rock Hill, SC 29730

Frank Todd Whitlow

Attorney at Brownlee Whitlow Praet, PLLC

1204 Village Market Place, #295

Morrisville, NC 27560

Fred M. Wood, Jr.

Attorney at Nelson Mullins Riley & Scarborough LLP

301 South College Street, 23Rd Floor

Charlotte, NC 28202-4007

Samuel Allen Slater

Attorney at Wyrick Robbins Yates & Ponton, LLP

4101 Lake Boone Trail, Suite 300

Raleigh, NC 27607

Lyndey Ritz Zwing Bryant

Attorney at Adams and Reese LLP

1501 Main St., 5Th Floor

Columbia, SC 29201

Thomas G. Hooper

Attorney at Nelson Mullins Riley & Scarborough LLP

301 South College Street, Suite 2300

Charlotte, NC 28202

Glenn Wade Leach, III

101 South Tryon Street, Suite 2610

Charlotte, NC 28280

Wade Leach, III

Attorney at Burr & Forman LLP - (Charlotte)

101 South Tryon Street, Suite 2610

Charlotte, NC 28280

Kristen P. Watson

Attorney at Burr & Forman LLP

420 North 20Th Street, Suite 3400

Birmingham, AL 35203

Benjamin L. Bollinger

Attorney at Troutman Pepper Hamilton Sanders LLP

301 South College Street, Suite 3400

Charlotte, NC 28202

Shawn D. Mercer

Attorney at Bass Sox Mercer

4208 Six Forks Rd., Suite 1000

Raleigh, NC 27609

 

Court Documents

#110

(#111) Memorandum in Support regarding #110 MOTION to Dismiss filed by Lead Bank. (Attachments: #1 Affidavit of Self Financial) (Bryant, Lyndey) (Entered: 02/18/2022)

#80

(#116) RESPONSE in Opposition regarding #80 First MOTION to Dismiss Plaintiff's Complaint filed by Curtis L. Leach. (Sellers, N.) (Entered: 02/24/2022)

69 #2

Exhibit B - Affidavits of Service and Tracking Information

#69

Motion Submitted to District Judge James C. Dever III regarding #56 First MOTION to Dismiss for Lack of Jurisdiction, #35 MOTION to Dismiss, #83 MOTION to Dismiss, #80 First MOTION to Dismiss Plaintiff's Complaint, #51 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in alternative Motion to Stay Proceedings and Compel Arbitration, #69 MOTION to Remand, #78 MOTION to Compel, #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #110 MOTION to Dismiss, #70 MOTION to Dismiss, #32 MOTION to Dismiss, #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Sellers, N.) (Entered: 03/21/2022)

#56

Motion Submitted to District Judge James C. Dever III regarding #56 First MOTION to Dismiss for Lack of Jurisdiction, #35 MOTION to Dismiss, #83 MOTION to Dismiss, #80 First MOTION to Dismiss Plaintiff's Complaint, #51 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in alternative Motion to Stay Proceedings and Compel Arbitration, #69 MOTION to Remand, #78 MOTION to Compel, #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #110 MOTION to Dismiss, #70 MOTION to Dismiss, #32 MOTION to Dismiss, #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Sellers, N.) (Entered: 03/21/2022)

#51

Motion Submitted to District Judge James C. Dever III regarding #56 First MOTION to Dismiss for Lack of Jurisdiction, #35 MOTION to Dismiss, #83 MOTION to Dismiss, #80 First MOTION to Dismiss Plaintiff's Complaint, #51 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in alternative Motion to Stay Proceedings and Compel Arbitration, #69 MOTION to Remand, #78 MOTION to Compel, #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #110 MOTION to Dismiss, #70 MOTION to Dismiss, #32 MOTION to Dismiss, #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Sellers, N.) (Entered: 03/21/2022)

#35

(#114) REPLY to Response to Motion regarding #35 MOTION to Dismiss filed by Okinus, inc.. (Hooper, Thomas) (Entered: 02/22/2022)

#28

Motion Submitted to District Judge James C. Dever III regarding #56 First MOTION to Dismiss for Lack of Jurisdiction, #35 MOTION to Dismiss, #83 MOTION to Dismiss, #80 First MOTION to Dismiss Plaintiff's Complaint, #51 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in alternative Motion to Stay Proceedings and Compel Arbitration, #69 MOTION to Remand, #78 MOTION to Compel, #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #110 MOTION to Dismiss, #70 MOTION to Dismiss, #32 MOTION to Dismiss, #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Sellers, N.) (Entered: 03/21/2022)

#21

(#112) REPLY in Support regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Santander Consumer USA. (Watson, Kristen) (Entered: 02/21/2022)

1 #57

Supplement Defendants Consents to Removal

1 #47

Exhibit A - Stalling Mills Notice of Appearance

1 #42

Exhibit A - Affidavit of Service on Synchrony Bank

1 #33

Exhibit A - Affidavit of Service on Fair Collections

1 #28

Exhibit A - Affidavit of Service on Ashley Homestores Holdings

1 #22

Exhibit A - Summons to Stalling Mills Apartments

1 #8

Exhibit A - Summons to Ashley Homestores LTD

1 #7

Exhibit A - Summons to Ashley Homestores Holdings, Inc.

#1

(#3) Notice regarding #1 Notice of Removal and requirement to file a Notice of Self-Representation and Financial Disclosure Statement sent to Pro Se Plaintiff, Curtis Leach at 14 Ross Farm Lane, Clayton, NC 27527 and mailed to counsel for defendants Mark Kinghorn of McGuire Woods, 201 North Tryon St., Suite 3000, Charlotte, NC 28202 (Counsel for defendant TD Bank, N.A.); Fred M. Wood, Jr. of Nelson Mullins Riley & Scarborough LLP at 301 South College St., Suite 2300, Charlotte, NC 28202 (Counsel for defendants Ashley Homestores, Ltd. & Ashely Homestore Holding, Inc.); Thomas G. Hoooper, Nelson Mullins Riley & Scarborough LLP at 301 South College St., Suite 2300, Charlotte, NC 28202 (Counsel for defendant Okinus, Inc.); Sarah Reddy of Brownlee Whitlow & Praet at 1204 Village Market Place #295, Morrisville, NC 27560 (Counsel for defendant Stalling Mills Apt.) and Kristen P. Watson of Burr & Foreman LLP at 420 North Twentieth St., Suite 3400, Birmingham, AL 35203 (Counsel for defendant Santerder Consumer) mailed via US Mail on January 7, 2022. (Rudd, D.) (Entered: 01/07/2022)

191 More Documents Available

 

Docket Entries

  • 03/21/2022
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  • DocketMotion Submitted to District Judge James C. Dever III regarding #56 First MOTION to Dismiss for Lack of Jurisdiction, #35 MOTION to Dismiss, #83 MOTION to Dismiss, #80 First MOTION to Dismiss Plaintiff's Complaint, #51 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or in alternative Motion to Stay Proceedings and Compel Arbitration, #69 MOTION to Remand, #78 MOTION to Compel, #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #110 MOTION to Dismiss, #70 MOTION to Dismiss, #32 MOTION to Dismiss, #73 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Sellers, N.) (Entered: 03/21/2022)

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  • 02/24/2022
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  • Docket(#118) RESPONSE in Opposition regarding #110 MOTION to Dismiss filed by Curtis L. Leach. (Sellers, N.) (Entered: 02/24/2022)

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  • 02/24/2022
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  • Docket(#117) RESPONSE in Opposition regarding #83 MOTION to Dismiss filed by Curtis L. Leach. (Sellers, N.) (Entered: 02/24/2022)

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  • 02/24/2022
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  • Docket(#116) RESPONSE in Opposition regarding #80 First MOTION to Dismiss Plaintiff's Complaint filed by Curtis L. Leach. (Sellers, N.) (Entered: 02/24/2022)

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  • 02/24/2022
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  • Docket(#115) Proposed Order regarding #78 MOTION to Compel filed by RAC Acceptance East, LLC, Rent-A-Center. (Leach, Wade) (Entered: 02/24/2022)

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  • 02/24/2022
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  • DocketNotice to Counsel regarding: #78 Motion to Compel. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual and Judge Dever's practice preferences, parties must file a proposed order with any non-dispositive motion. Please file a proposed order using the event 'Proposed Order' in the Responses and Replies category and link it back to the motion to which it corresponds. (Sellers, N.) (Entered: 02/24/2022)

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  • 02/22/2022
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  • Docket(#114) REPLY to Response to Motion regarding #35 MOTION to Dismiss filed by Okinus, inc.. (Hooper, Thomas) (Entered: 02/22/2022)

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  • 02/22/2022
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  • Docket(#113) Rule 12 Letter Issued as to #110 MOTION to Dismiss. Response due by 3/11/2022. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Sellers, N.) (Entered: 02/22/2022)

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  • 02/21/2022
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  • Docket(#112) REPLY in Support regarding #21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Santander Consumer USA. (Watson, Kristen) (Entered: 02/21/2022)

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  • 02/18/2022
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  • Docket(#111) Memorandum in Support regarding #110 MOTION to Dismiss filed by Lead Bank. (Attachments: #1 Affidavit of Self Financial) (Bryant, Lyndey) (Entered: 02/18/2022)

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110 More Docket Entries
  • 01/10/2022
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  • DocketMotion Referred to Peter A. Moore, Jr., Clerk of Court regarding #7 MOTION for Extension of Time to File Answer. (Sellers, N.) (Entered: 01/10/2022)

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  • 01/10/2022
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  • Docket(#7) MOTION for Extension of Time to File Answer filed by USAA Federal Savings Bank. (Attachments: #1 Text of Proposed Order) (Patty, R.) (Entered: 01/10/2022)

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  • 01/10/2022
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  • Docket(#6) Financial Disclosure Statement by USAA Federal Savings Bank identifying Corporate Parent USAA Capital Corporation, Corporate Parent United States Services Automobile Association for USAA Federal Savings Bank. (Patty, R.) (Entered: 01/10/2022)

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  • 01/10/2022
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  • Docket(#5) Notice of Special Appearance for non-district by Alfred D. Carry on behalf of USAA Federal Savings Bank. (Carry, Alfred) (Entered: 01/10/2022)

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  • 01/10/2022
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  • Docket(#4) Notice of Appearance filed by R. Andrew Patty, II on behalf of USAA Federal Savings Bank. (Patty, R.) (Entered: 01/10/2022)

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  • 01/07/2022
  • DocketNotice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) (Entered: 01/07/2022)

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  • 01/07/2022
  • DocketNOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to RAC Acceptance East, LLC. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) (Entered: 01/07/2022)

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  • 01/07/2022
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  • Docket(#3) Notice regarding #1 Notice of Removal and requirement to file a Notice of Self-Representation and Financial Disclosure Statement sent to Pro Se Plaintiff, Curtis Leach at 14 Ross Farm Lane, Clayton, NC 27527 and mailed to counsel for defendants Mark Kinghorn of McGuire Woods, 201 North Tryon St., Suite 3000, Charlotte, NC 28202 (Counsel for defendant TD Bank, N.A.); Fred M. Wood, Jr. of Nelson Mullins Riley & Scarborough LLP at 301 South College St., Suite 2300, Charlotte, NC 28202 (Counsel for defendants Ashley Homestores, Ltd. & Ashely Homestore Holding, Inc.); Thomas G. Hoooper, Nelson Mullins Riley & Scarborough LLP at 301 South College St., Suite 2300, Charlotte, NC 28202 (Counsel for defendant Okinus, Inc.); Sarah Reddy of Brownlee Whitlow & Praet at 1204 Village Market Place #295, Morrisville, NC 27560 (Counsel for defendant Stalling Mills Apt.) and Kristen P. Watson of Burr & Foreman LLP at 420 North Twentieth St., Suite 3400, Birmingham, AL 35203 (Counsel for defendant Santerder Consumer) mailed via US Mail on January 7, 2022. (Rudd, D.) (Entered: 01/07/2022)

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  • 01/07/2022
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  • Docket(#2) Notice of Appearance filed by Diane K. Pappayliou on behalf of Bridgecrest Credit Company. (Pappayliou, Diane) (Entered: 01/07/2022)

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  • 01/06/2022
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  • Docket(#1) NOTICE OF REMOVAL by Rent-A-Center, RAC Acceptance East, LLC from Johnston County Superior Court Division, case number 21CVS004095. ( Filing fee $ 402 receipt number 0417-6383573), filed by Rent-A-Center, RAC Acceptance East, LLC. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Supplemental Removal Cover Sheet, #3 Exhibit A - State Court Civil Cover Sheet, #4 Exhibit A - State Court Complaint, #5 Exhibit A - Servicemembers Civil Relief Act Declaration, #6 Exhibit A - Summons to Acima Credit, #7 Exhibit A - Summons to Ashley Homestores Holdings, Inc., #8 Exhibit A - Summons to Ashley Homestores LTD, #9 Exhibit A - Summons to Bridgecrest Credit Company, #10 Exhibit A - Summons to Captial One Auto Finance, #11 Exhibit A - Summons to Capital One Financial Corp, #12 Exhibit A - Summons to Fair Collections and Outsourcing, #13 Exhibit A - Summons to Hunter Warfield, #14 Exhibit A - Summons to Lead Bank, #15 Exhibit A - Summons to Leith Chrysler Jeep Eagle, #16 Exhibit A - Summons to Lincoln Property Group, #17 Exhibit A - Summons to Matthew Motors Clayton, #18 Exhibit A - Summons ot Okinus, #19 Exhibit A - Summons to RAC Acceptance East, #20 Exhibit A - Summons to Rent-A-Center East, #21 Exhibit A - Summons to Santander Consumer, #22 Exhibit A - Summons to Stalling Mills Apartments, #23 Exhibit A - Summons to Synchrony Bank, #24 Exhibit A - Summons to TD Bank, #25 Exhibit A - Summons to USAA Federal Savings Bank, #26 Exhibit A - Affidavit of Service on Santander Consumer, #27 Exhibit A - Affidavit of Service on Acima Credit, #28 Exhibit A - Affidavit of Service on Ashley Homestores Holdings, #29 Exhibit A - Affidavit of Service on Ashley Homestores LTD, #30 Exhibit A - Affidavit of Service on Bridgecrest Credit Company, #31 Exhibit A - Affidavit of Service on Capital One Auto Finance, #32 Exhibit A - Affidavit of Service on Capital One Financial Corp, #33 Exhibit A - Affidavit of Service on Fair Collections, #34 Exhibit A - Affidavit of Service on Lead Bank, #35 Exhibit A - Affidavit of Service on Leith Chrysler, #36 Exhibit A - Affidavit of Service on Lincoln Property Group, #37 Exhibit A - Affidavit of Service on Matthew Motors Clayton, #38 Exhibit A - Affidavit of Service on Okinus, #39 Exhibit A - Affidavit of Service on RAC Acceptance East, #40 Exhibit A - Affidavit of Service on Rent-A-Center, #41 Exhibit A - Affidavit of Service on Stallings Mill Apartments, #42 Exhibit A - Affidavit of Service on Synchrony Bank, #43 Exhibit A - Affidavit of Service on TD Bank, #44 Exhibit A - Affidavit of Service on USAA Federal Savings Bank, #45 Exhibit A - Affidavit of Service on Hunter Warfield, #46 Exhibit A - Ashley Defendants Motion for Extension, #47 Exhibit A - Stalling Mills Notice of Appearance, #48 Exhibit A - Stalling Mills Motion for Extension, #49 Exhibit A - TD Bank's Motion for Extension, #50 Exhibit A - Order Granting Ashley Defendants Motion for Extension, #51 Exhibit A - Order Granting Stalling Mills Motion for Extension, #52 Exhibit A - Order Granting TD Bank's Motion for Extension, #53 Exhibit A - Okinus's Motion for Extension, #54 Exhibit A - Order Granting Okinus's Motion for Extension, #55 Exhibit A - Santander's Motion for Extension, #56 Exhibit A - Notice of Dismissal, #57 Supplement Defendants Consents to Removal) (Leach, Glenn) (Entered: 01/06/2022)

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