Peake v. Suzuki Motor Corporation et al
| Brandon Peake |
| Suzuki Motor of America, Inc., Suzuki Motor Corporation, Suzuki Motor Corporation of America and American Suzuki Motor Corporation |
| 0:2019cv00382 |
| February 11, 2019 |
| US District Court for the District of South Carolina |
| J Michelle Childs |
| Mary Geiger Lewis |
| Motor Vehicle Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 4, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 33 RESPONSE in Opposition re #30 MOTION to Stay re #25 MOTION to Dismiss for Lack of Jurisdiction and Insufficient Service of Process Response filed by Suzuki Motor Corporation.Reply to Response to Motion due by 4/17/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Lendino, Timothy) |
| Filing 32 CERTIFICATE OF CONSULTATION byBrandon Peake re #30 MOTION to Stay re #25 MOTION to Dismiss for Lack of Jurisdiction and Insufficient Service of Process . (Parker, John) |
| Filing 31 REPLY to Response to Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Suzuki Motor of America, Inc.. (Lendino, Timothy) |
| Filing 30 MOTION to Stay re #25 MOTION to Dismiss for Lack of Jurisdiction and Insufficient Service of Process by Brandon Peake. Response to Motion due by 4/10/2019. 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.(Parker, John) |
| Filing 27 REPLY to Response to Motion re #16 MOTION to Remand to State Court Response filed by Brandon Peake. (Attachments: #1 Exhibit A - Dealerships, #2 Exhibit B - SMAI's About Us, #3 Exhibit C - Secretary of State Business Filing)(Parker, John) |
| Filing 26 RESPONSE in Opposition re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Brandon Peake.Reply to Response to Motion due by 3/27/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Parker, John) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction and Insufficient Service of Process by Suzuki Motor Corporation. Response to Motion due by 4/1/2019. 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 - Declaration of Eiji Iida)No proposed order.(Lendino, Timothy) |
| Filing 24 RESPONSE in Opposition re #16 MOTION to Remand to State Court and Suzuki Motor Corporation's Motion to Dismiss Response filed by Suzuki Motor of America, Inc..Reply to Response to Motion due by 3/21/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Declaration of Eiji Iida)(Lendino, Timothy) |
| Filing 22 ACCEPTANCE OF SERVICE OF COMPLAINT by Brandon Peake. American Suzuki Motor Corporation served on 3/6/2019, answer due 3/27/2019. (Parker, John) |
| Filing 21 TEXT ORDER granting #19 Motion to Stay rule 26 and scheduling order deadlines until after resolution of pending motions to dismiss and remand. Signed by Honorable J Michelle Childs on 3/13/2019.(asni, ) |
| Filing 20 Case Reassigned to Judge Honorable J Michelle Childs. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (cwil, ) |
| Filing 19 Joint MOTION to Stay Rule 26 and Scheduling Order Deadlines by Suzuki Motor of America, Inc.. Response to Motion due by 3/21/2019. 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.(Lendino, Timothy) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Suzuki Motor of America, Inc.. Response to Motion due by 3/20/2019. 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 - Declaration of Kevin Foley, #2 Exhibit B - Order Confirming Debtors Fifth Amended Plan of Liquidation, #3 Exhibit C - Second Amended Asset Purchase Agreement, #4 Exhibit D - Order in Rivera v. SMAI, #5 Exhibit E - Order in Narragansett Bay Ins. Co. v. SMAI, #6 Exhibit F - Order in In re C.F. Bean L.L.C., #7 Exhibit G - Order in Bacon v. Kent Addams et al., #8 Exhibit H - Order in Soulliere v. SMAI, #9 Exhibit I - Order in Louros v. SMAI)No proposed order.(Lendino, Timothy) |
| Filing 17 TEXT ORDER: On February 11, 2019, Defendant Suzuki Motor of America, Inc. filed a motion to dismiss Plaintiff's claims against it. ECF No. #5 . On February 25, 2019, Plaintiff filed an amended complaint. ECF No. #11 . Accordingly, Suzuki Motor of America, Inc.'s motion to dismiss is DISMISSED AS MOOT. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 3/4/2019.(cbru, ) |
| Filing 16 MOTION to Remand to State Court by Brandon Peake. Response to Motion due by 3/14/2019. 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 Memo in Support)No proposed order.(Parker, John) Modified to edit text on 2/28/2019 (cbru, ). |
| Filing 15 Local Rule 26.01 Answers to Interrogatories by Brandon Peake.(Parker, John) Modified to edit text on 2/26/2019 (cbru, ). |
| Filing 13 CLERK'S NOTICE: Plaintiff is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed no later than 14 days after service of the notice of removal. Please file these answers to interrogatories no later than March 12, 2019. (cbru, ) |
| Filing 11 AMENDED COMPLAINT against Suzuki Motor Corporation, Suzuki Motor of America, Inc., American Suzuki Motor Corporation filed by Brandon Peake. Service due by 5/28/2019 (Parker, John) Modified to edit text on 2/26/2019 (cbru, ). |
| Filing 10 RESPONSE in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Brandon Peake.Reply to Response to Motion due by 3/4/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Parker, John) |
| Filing 9 TEXT ORDER granting #8 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 2/12/2019.(cbru, ) |
| Filing 8 MOTION to Appear Pro Hac Vice by R. Thomas Warburton (Filing fee $250 receipt number 0420-8264773) by Suzuki Motor of America, Inc. Response to Motion due by 2/26/2019. 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 Application/Affidavit and Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Lendino, Timothy) Modified to edit text on 2/12/2019 (cbru, ). |
| Filing 7 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 2/12/2019. (cbru, ) |
| Filing 6 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 3/18/2019, Motions to Amend Pleadings due by 4/12/2019, Plaintiffs ID of Expert Witness due by 5/13/2019, Defendants ID of Expert Witnesses Due by 6/11/2019, Records Custodian Affidavit due by 6/11/2019, Discovery due by 8/12/2019, Motion in Limine due by 11/20/2019, Motions due by 8/26/2019, Rule 26(a)(3) Disclosures due by 11/8/2019, Jury Selection Deadline 12/11/2019, Mediation Due by 10/24/2019. Signed by Honorable Mary Geiger Lewis on 2/12/2019. (cbru, ) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Suzuki Motor of America, Inc.. Response to Motion due by 2/25/2019. 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 - Declaration of Kevin Foley, #2 Exhibit B - Order Confirming Debtors Fifth Amended Plan of Liquidation, #3 Exhibit C - Second Amended Asset Purchase Agreement, #4 Exhibit D - Order in Rivera v. SMAI, #5 Exhibit E - Order in Narragansett Bay Ins. Co. v. SMAI, #6 Exhibit F - Order in In re C.F. Bean L.L.C., #7 Exhibit G - Order in Bacon v. Kent Addams et al., #8 Exhibit H - Order in Soulliere v. SMAI, #9 Exhibit I - Order in Louros v. SMAI)No proposed order.(Lendino, Timothy) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Suzuki Motor of America, Inc.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Fairfield County Court of Common Pleas, case number 2018-CP-20-00441 (Filing fee $400 receipt number 0420-8261493) filed by Suzuki Motor of America, Inc. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Initial Complaint, #3 Exhibit C - December 21, 2018 Letter, #4 Exhibit D - January 10, 2019 Letter, #5 Exhibit E - Affidavit of Service, #6 Exhibit F - January 15, 2019 Letter)(cbru, ) (Main Document 1 replaced on 2/11/2019) (cbru, ). |
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