Nespeca v. Duke Energy Carolinas LLC et al
| Nespeca and Louis Nespeca |
| Duke Energy Carolinas LLC and Duke Energy Corporation |
| 7:2015cv00222 |
| January 16, 2015 |
| US District Court for the District of South Carolina |
| Spartanburg Office |
| Spartanburg |
| Mary Geiger Lewis |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on May 20, 2016. A more recent docket listing may be available from PACER.
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Filing 66
WITHDRAWAL of Claim re #59 Bill of Costs by Duke Energy Carolinas LLC. (Spencer, Joshua)
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Filing 65
TEXT ORDER: Counsel is hereby directed to file a Joint Status Report on or before Friday, May 20, 2016, pursuant to the Court's conference call with counsel. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 5/17/2016. (abuc)
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Filing 64
STATUS REPORT on Defendant, Duke Energy Carolinas, LLC's Bill of Costs by Duke Energy Carolinas LLC. (Spencer, Joshua)
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Filing 62
TEXT ORDER: The Court is of the FIRM opinion that Defendant's Bill of Costs #59 is a matter that the EXCELLENT counsel in this case could and should resolve without further Court intervention. Therefore, the Court hereby directs counsel to conference and inform the Court via the filing of a Joint Status Report not later than 2:00 PM on Tuesday, May 17, 2016, whether or not they have resolved the matter. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 5/10/16. (alew, )
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Filing 61
REPLY by Duke Energy Carolinas LLC to #60 Reply, . (Spencer, Joshua)
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Filing 60
REPLY by Louis Nespeca to #59 Bill of Costs Plaintiff's Reply and Memorandum in Opposition to Defendant's Bill of Costs. (Attachments: #1 Exhibit Exhibit A Sedgwick Letter, #2 Exhibit Exhibit B Order Ferguson v. Waffle House)(Saunders, Laura)
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Filing 59
BILL OF COSTS by Duke Energy Carolinas LLC.Objections to Bill of Costs deadline 5/9/2016. (Attachments: #1 Exhibit 1- Itemization and Documentation of Bill of Costs)(Spencer, Joshua)
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Filing 58
SUMMARY JUDGMENT in favor of Duke Energy Carolinas, LLC., against Louis Nespeca. (abuc)
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Filing 57
ORDER granting #47 Motion for Summary Judgment. Signed by Honorable Mary Geiger Lewis on 4/12/2016.(abuc)
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Filing 56
NOTICE of Request for Protection from Court Appearance by Joshua D Spencer for July 15 - 29, 2016 (Spencer, Joshua)
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Filing 55
RULE 26(a)(3)PRETRIAL DISCLOSURES by Louis Nespeca. Objections to PreTrial Disclosures due by 4/25/2016.(Saunders, Laura)
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Filing 54
NOTICE of Request for Protection from Court Appearance by Laura McCall Saunders for June 6, 2016-June 10, 2016 (Saunders, Laura)
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Filing 53
RULE 26(a)(3)PRETRIAL DISCLOSURES by Duke Energy Carolinas LLC. Objections to PreTrial Disclosures due by 4/25/2016. (Attachments: #1 Defendant's Exhibit List)(Spencer, Joshua)
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Filing 51
REPLY to Response to Motion re #47 MOTION for Summary Judgment Response filed by Duke Energy Carolinas LLC. (Attachments: #1 Exhibit A- Campbell v. Duke Energy Carolinas, LLC Order, #2 Exhibit B- Deposition Excerpts of Marcolus Sullivan)(Spencer, Joshua)
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Filing 50
ADR STATEMENT/CERTIFICATION by Duke Energy Carolinas LLC(Spencer, Joshua)
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Filing 49
RESPONSE in Opposition re #47 MOTION for Summary Judgment Plaintiff's Response and Memorandum in Opposition to Defendant's Motion for Summary Judgment Response filed by Louis Nespeca.Reply to Response to Motion due by 4/7/2016 (Attachments: #1 Exhibit Letter from Sedgewick Claims Management, #2 Exhibit Deposition of Henry Parker, #3 Exhibit Deposition of Henry Parker, #4 Exhibit Deposition of Henry Parker, #5 Exhibit Deposition of Henry Parker, #6 Exhibit Deposition of Henry Parker, #7 Exhibit Deposition of Henry Parker, #8 Exhibit Deposition of Henry Parker, #9 Exhibit Deposition of Marcolus Sullivan, #10 Exhibit Deposition of Louis Nespeca, #11 Exhibit Deposition of Bob Andrews, #12 Exhibit Deposition of Louis Nespeca, #13 Exhibit Deposition of Louis Nespeca, #14 Exhibit Deposition of Marcolus Sullivan, #15 Exhibit Deposition of Marcolus Sullivan)(McLaughlin, Patrick)
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Filing 48
MOTION in Limine by Duke Energy Carolinas LLC. Response to Motion due by 4/14/2016. (Attachments: #1 Memo in Support)No proposed order.(Spencer, Joshua)
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Filing 47
MOTION for Summary Judgment by Duke Energy Carolinas LLC. Response to Motion due by 3/28/2016. (Attachments: #1 Memo in Support, #2 Exhibit A - Deposition Excerpts of Louis Nespeca, #3 Exhibit B - Right of Way Agreement, #4 Exhibit C - Deposition Excerpts of Henry Parker, #5 Exhibit D - Deposition Excerpts of Marcolus Sullivan, #6 Exhibit E - Plaintiff's Ex. 3 to Deposition of Marcolus Sullivan, #7 Exhibit F- Affidavit and Expert Report of Joseph Maciejewski, #8 Exhibit G - Deposition Excerpts of John Evatt, #9 Exhibit H - Deposition Excerpts of Frank Gusky, #10 Exhibit I - Defendant's Ex. 12 to Louis Nespeca's Deposition, #11 Exhibit J - Affidavit and Expert Report of Johnny B. Dagenhart)No proposed order.(Spencer, Joshua)
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Filing 46
ORDER granting #45 Motion to Amend/Correct. Mediation due by 4/4/2016. Signed by Honorable Mary Geiger Lewis on 3/3/2016.(abuc)
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Filing 45
Joint MOTION to Amend/Correct #35 Scheduling Order, Terminate Motions,, by Duke Energy Carolinas LLC. Response to Motion due by 3/21/2016. (Attachments: #1 Exhibit A- Email)Proposed order is being emailed to chambers with copy to opposing counsel.(Spencer, Joshua)
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Filing 44
Supplement Plaintiff's Affidavits of Authenticity and Affidavit of Records Custodian related to previous filing Doc. No. 43 AFFIDAVIT of Records Custodian Supplement Plaintiff's Affidavits of Authenticity and Affidavit of Records Custodian related to previous filing Doc. No. 43 by Louis Nespeca. (Attachments: #1 Affidavit Ex. H Affidavit of Campobello Fire Department)(McLaughlin, Patrick)
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Filing 43
Plaintiff's Affidavits of Authenticity and Affidavits of Record Custodian AFFIDAVIT of Records Custodian Plaintiff's Affidavits of Authenticity and Affidavits of Record Custodian by Louis Nespeca. (Attachments: #1 Affidavit Ex. A. Affidavit and attachment Price Services, #2 Affidavit Ex. B Affidavit and attachment Price Services, #3 Affidavit Ex. C Affidavit and attachment Robinson Construction, #4 Affidavit Ex. D Affidavit and attachment Central Carolina Cooling, #5 Affidavit Ex. E Affidavit and attachment SC Farm Bureau, #6 Affidavit Ex. F Affidavit and attachment Landrum Fire Dept., #7 Affidavit Ex. G Affidavit and attachment Knox Fence Co.)(McLaughlin, Patrick)
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Filing 40
AFFIDAVIT of Records Custodian by Duke Energy Carolinas LLC. (Attachments: #1 Affidavit Campobello Fire Department, #2 Affidavit Central Carolina Cooling, LLC, #3 Affidavit Knox Fence Company, #4 Affidavit Landrum Fire Department, #5 Affidavit South Carolina Farm Bureau Mutual Insurance Company)(Spencer, Joshua)
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Filing 39
DELETION OF DOCKET ENTRY NUMBER 37 Reason: Filing attorney refiled document instead of sending to Clerk's Office to correct. Corrected Filing Document Number #38 Modified filing date to that of original filing: 2/10/2016 Response due date modified to that of original filing: n/a (abuc)
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Filing 38
NOTICE of Request for Protection from Court Appearance by Laura McCall Saunders for April 27-May 6, 2016 (Saunders, Laura) Modified to remove text on 2/11/2016 (abuc).
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Filing 36
NOTICE of Request for Protection from Court Appearance by Patrick James McLaughlin for March 9-11, 2016 (McLaughlin, Patrick) (Main Document 36 replaced with corrected document provided by filing user on 2/8/2016) (abuc).
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Filing 35
FOURTH AMENDED CONFERENCE AND SCHEDULING ORDER Records Custodian Affidavit due by 2/29/2016, Discovery due by 2/29/2016, Motion in Limine due by 3/28/2016, Motions due by 3/10/2016, Rule 26(a)(3) Disclosures due by 4/6/2016, Jury Selection Deadline 5/4/2016. Motions granted: #34 Joint MOTION to Amend/Correct #32 Scheduling Order, filed by Duke Energy Carolinas LLC. Signed by Honorable Mary Geiger Lewis on 1/26/2016. (abuc)
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Filing 34
Joint MOTION to Amend/Correct #32 Scheduling Order, Terminate Motions,,,, by Duke Energy Carolinas LLC. Response to Motion due by 2/12/2016. (Attachments: #1 Exhibit A- Proposed Fourth Amended Conference and Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Spencer, Joshua)
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Filing 33
DEFENDANT'S ID OF EXPERT WITNESSES by Duke Energy Carolinas LLC.(Spencer, Joshua)
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Filing 32
THIRD AMENDED CONFERENCE AND SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 10/30/2015,, Defendants ID of Expert Witnesses Due by 11/30/2015, Records Custodian Affidavit due by 1/28/2016, Discovery due by 1/28/2016, Motion in Limine due by 2/25/2016, Motions due by 2/9/2016, Rule 26(a)(3) Disclosures due by 3/7/2016, Jury Selection Deadline 4/4/2016, Mediation Due by 2/18/2016. Motions granted: #31 Joint MOTION to Amend/Correct #29 Scheduling Order, filed by Duke Energy Carolinas LLC. Signed by Honorable Mary G Lewis on 9/1/2015. (abuc)
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Filing 31
Joint MOTION to Amend/Correct #29 Scheduling Order, by Duke Energy Carolinas LLC. Response to Motion due by 9/17/2015. (Attachments: #1 Exhibit A- Proposed Third Amended Conference and Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Spencer, Joshua) Modified to edit text on 8/31/2015 (abuc).
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Filing 30
CONFIDENTIALITY ORDER granting #26 Motion for Confidentiality Order. Signed by Honorable Mary G Lewis on 7/2/2015.(abuc)
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Filing 29
SECOND AMENDED CONFERENCE AND SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 7/7/2015, Defendants ID of Expert Witnesses Due by 9/9/2015, Records Custodian Affidavit due by 11/4/2015, Discovery due by 11/4/2015, Motion in Limine due by 1/11/2016, Motions due by 11/9/2015, Rule 26(a)(3) Disclosures due by 1/4/2016, Jury Selection Deadline 2/1/2016, Mediation Due by 11/18/2015. Motions granted: #27 Joint MOTION to Amend/Correct #23 Scheduling Order filed by Duke Energy Carolinas LLC. Signed by Honorable Mary G Lewis on 7/2/2015. (abuc)
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Filing 27
Joint MOTION to Amend/Correct #23 Scheduling Order,, by Duke Energy Carolinas LLC. Response to Motion due by 7/20/2015. (Attachments: #1 Exhibit A- Proposed Second Amended Conference and Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Spencer, Joshua)
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Filing 26
Consent MOTION for Confidentiality Order by Duke Energy Carolinas LLC. Response to Motion due by 7/16/2015. (Attachments: #1 Proposed Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Spencer, Joshua)
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Filing 25
NOTICE of Request for Protection from Court Appearance by Patrick James McLaughlin for 8/5/2015-8/7/2015 (McLaughlin, Patrick) (Main Document 25 replaced on 4/3/2015) (alew, ). Modified on 4/3/2015 to replace with corrected document provided by filing user(alew, ).
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Filing 23
AMENDED CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 3/2/2015, 26(a) Initial Disclosures due by 3/16/2015, Rule 26 Report due by 3/16/2015, Motions to Amend Pleadings due by 6/5/2015, Plaintiffs ID of Expert Witness due by 7/7/2015, Defendants ID of Expert Witnesses Due by 8/10/2015, Records Custodian Affidavit due by 10/5/2015, Discovery due by 10/5/2015, Motion in Limine due by 1/11/2016, Motions due by 10/10/2015, Rule 26(a)(3) Disclosures due by 1/4/2016, Jury Selection Deadline 2/1/2016, Mediation Due by 10/19/2015. Signed by Honorable Mary G Lewis on 3/18/15. (alew, )
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Filing 22
Joint Rule 26(f) Report by Duke Energy Carolinas LLC, Louis Nespeca(Spencer, Joshua) Modified on 3/18/2015 to add filer listed on document(alew, ).
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Filing 21
First Rule 26(f) Report by Louis Nespeca, Duke Energy Carolinas LLC (Attachments: #1 Proposed Order Proposed Amended Scheduling Order)(McLaughlin, Patrick) Modified on 3/16/2015 to add filer listed on document(alew, ).
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Filing 20
ANSWER to #12 Amended Complaint by Duke Energy Carolinas LLC.(Spencer, Joshua)
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Filing 19
MEDIATION ORDER: Mediation Due by 10/19/2015. Signed by Honorable Mary G Lewis on 2/10/15. (alew, )
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Filing 18
CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 3/2/2015, 26(a) Initial Disclosures due by 3/16/2015, Rule 26 Report due by 3/16/2015, Motions to Amend Pleadings due by 4/7/2015, Plaintiffs ID of Expert Witness due by 5/7/2015, Defendants ID of Expert Witnesses Due by 6/8/2015, Records Custodian Affidavit due by 6/8/2015, Discovery due by 8/5/2015, Motion in Limine due by 11/10/2015, Motions due by 8/20/2015, Rule 26(a)(3) Disclosures due by 11/3/2015, Jury Selection Deadline 12/2/2015, Mediation Due by 10/19/2015. Signed by Honorable Mary G Lewis on 2/10/15. (alew, )
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Filing 16
Withdrawal of Motions: #7 MOTION to Dismiss for Lack of Jurisdiction filed by Duke Energy Carolinas LLC, Duke Energy Corporation, #8 MOTION to Strike Settlement Language in Paragraph 8 of Plaintiff's Complaint filed by Duke Energy Carolinas LLC, Duke Energy Corporation, #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Third and Fourth Causes of Action filed by Duke Energy Carolinas LLC.. (Spencer, Joshua)
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Filing 15
Local Rule 26.01 Answers to Interrogatories by Louis Nespeca.(McLaughlin, Patrick) Modified on 2/4/2015 to edit text (alew, ).
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Filing 12
AMENDED COMPLAINT against Duke Energy Carolinas LLC, filed by Louis Nespeca. Service due by 6/1/2015. Refiled by clerk to correct filer and defendant.(alew, )
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Filing 10
NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Spartanburg County. (Attachments: #1 Acknowledgement of Removal)(Spencer, Joshua)
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Filing 9
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Plaintiff's Third and Fourth Causes of Action by Duke Energy Carolinas LLC. Response to Motion due by 2/9/2015. (Attachments: #1 Memo in Support, #2 Exhibit A- Out-of-District and Unreported Cases)No proposed order.(Spencer, Joshua) (Main Document 9 replaced on 1/23/2015) (alew, ). Modified on 1/23/2015 to replace with corrected document provided by filing user(alew, ).
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Filing 8
MOTION to Strike Settlement Language in Paragraph 8 of Plaintiff's Complaint by Duke Energy Carolinas LLC, Duke Energy Corporation. Response to Motion due by 2/9/2015. No proposed order.(Spencer, Joshua)
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Filing 7
MOTION to Dismiss for Lack of Jurisdiction by Duke Energy Carolinas LLC, Duke Energy Corporation. Response to Motion due by 2/9/2015. (Attachments: #1 Exhibit A- Screenshots, #2 Exhibit B- Affidavit of Crystal Orr, #3 Exhibit C- Defendants' Answer and Counterclaim)No proposed order.(Spencer, Joshua)
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Filing 6
ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against Louis Nespeca by Duke Energy Carolinas LLC, Duke Energy Corporation. (Spencer, Joshua)
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Filing 4
CERTIFICATE OF SERVICE by Duke Energy Carolinas LLC, Duke Energy Corporation re #1 Notice of Removal, #3 Local Rule 26.01 Answers to Interrogatories (alew, )
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Filing 3
Local Rule 26.01 Answers to Interrogatories by Duke Energy Carolinas LLC, Duke Energy Corporation.(alew, )
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Filing 1
NOTICE OF REMOVAL from Spartanburg County Court of Common Pleas, case number 2014-CP-42-4951. (Filing fee $ 400 receipt number 0420-5738315), filed by Duke Energy Carolinas LLC, Duke Energy Corporation. (Attachments: #1 Exhibit 1-Pleadings, #2 Exhibit 2-Letter from L Saunders to Joshua D Spencer 12/18/14, #3 Exhibit 3-Acceptance of Service, #4 Exhibit 4-SC Secretary of State website printout re: Duke Energy, #5 Exhibit 5-Delaware Secretary of State website printout re: Duke Energy Co, #6 Exhibit 6-Emails dated 12/18/14 between L. Saunders and J. Spencer)(alew, )
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