A Grade Above Others LLC v. BCVP2 Baileys Run LLC et al
| A Grade Above Others LLC |
| BCVP2 Baileys Run LLC and Lexon Insurance Company |
| 0:2020cv01727 |
| May 1, 2020 |
| US District Court for the District of South Carolina |
| Rock Hill Office |
| J Michelle Childs |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 22 STATUS REPORT by A Grade Above Others LLC. (Terry, Don) |
| Filing 21 TEXT ORDER: The parties are directed to file a joint status report due by May 24, 2021 ( Status Report due by 5/24/2021). Signed by Honorable J Michelle Childs on 5/13/2021. (asni, ) |
Filing 18
ORDER granting #13 Motion for Reconsideration. In accordance with the parties' Joint Stipulation (ECF No. 16), the court orders that the above-captioned case be stayed pending arbitration instead of being dismissed. The remaining aspects of the court's August 5, 2020 Order will remain unchanged. Signed by Honorable J Michelle Childs on 11/5/2020.(asni, )
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| Filing 16 STIPULATION re #11 Order on Motion to Dismiss,, Order on Motion to Transfer Case,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Stay, #12 Judgment (Joint Stipulation to Stay of Case in Lieu of Dismissal Pending Arbitration) by BCVP2 Baileys Run LLC, Lexon Insurance Company. (Elmore, Louie) |
| Filing 15 TEXT ORDER granting #14 Motion for Extension of Time to File Response/Reply re #13 MOTION for Reconsideration Response to Motion due by 9/4/2020. 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 Honorable J Michelle Childs on 8/27/2020.(asni, ) |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #13 Motion to Reconsider by BCVP2 Baileys Run LLC, Lexon Insurance Company. Response to Motion due by 9/10/2020. 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.(Elmore, Louie) |
| Filing 13 MOTION for Reconsideration re #11 Order on Motion to Dismiss,, Order on Motion to Transfer Case,, Order on Motion to Dismiss for Failure to State a Claim,, Order on Motion to Stay, by A Grade Above Others LLC. Response to Motion due by 8/28/2020. 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 08/05/20 Order, #2 Exhibit 08/05/20 Judgment)No proposed order.(Terry, Don) |
| Filing 12 JUDGMENT in favor of BCVP2 Baileys Run LLC, Lexon Insurance Company against A Grade Above Others LLC and dismissing the action without prejudice. (asni, ) |
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Filing 11
ORDER AND OPINION the court DENIES BCVP2's Motion to Dismiss for Improper Venue, DENIES BCVP2's Motion to Transfer Venue, DENIES BCVP2's Motion to Dismiss for Lack of Subject Matter Jurisdiction, and DENIES BCVP2's Motion to Stay the Case, but GRANTS the Motion to Compel Arbitration. (ECF No. #2 ) The case is hereby DISMISSED without prejudice. Signed by Honorable J Michelle Childs on 8/5/2020.(asni, )
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| Filing 10 REPLY to Response to Motion re #2 MOTION to Dismiss MOTION to Transfer CaseMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Stay Response filed by BCVP2 Baileys Run LLC. (Attachments: #1 Exhibit 1 - Water and Waste Systems corporate information, #2 Exhibit 2 - Xylem Water Pump information, #3 Exhibit 3 - Xylem corporate information, #4 Exhibit 4 - BCVP2 entities, #5 Exhibit 5 - Case: Damico v. Lennar, #6 Proposed Order of Dismissal - Improper Venue, #7 Proposed Order of Dismissal - Lack of Subject Matter Jurisdiction, #8 Proposed Order Granting Stay and Compel Arbitration, #9 Proposed Order Granting Transfer of Venue)(Elmore, Louie) |
| Filing 9 RESPONSE in Opposition re #2 MOTION to Dismiss MOTION to Transfer CaseMOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Stay Response filed by A Grade Above Others LLC.Reply to Response to Motion due by 6/12/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit, #2 Exhibit)(Terry, Don) |
| Filing 7 Local Rule 26.01 Answers to Interrogatories by A Grade Above Others LLC.(Terry, Don) |
| Filing 6 NOTICE of Appearance by Don R Terry on behalf of A Grade Above Others LLC (Terry, Don) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by BCVP2 Baileys Run LLC, Lexon Insurance Company.(asni, ) |
| Filing 3 ANSWER to Complaint (Notice of Removal) by Lexon Insurance Company. (asni, ) |
| Filing 2 MOTION to Dismiss for Improper Venue ( Response to Motion due by 5/15/2020. 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. ), or in the alternative MOTION to Transfer Venue, or in the alternative MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTSION, or in the alternative MOTION to Stay Case and Compel Arbitration by BCVP2 Baileys Run LLC. (Attachments: #1 Exhibit A to Motion to to Dismiss - Site Work Contract, #2 Exhibit B to Motion to Dismiss - Demand for Arbitration, #3 Memo in Support, #4 Exhibit A to Memo - Site Work Contract, #5 Exhibit B to Memo - Right to Cure Letter, #6 Exhibit C to Memo - Mechanic's Lien, #7 Exhibit D to Memo - Demand for Arbitration, #8 Exhibit E to Memo - Bond to Discharge Lien, #9 Exhibit F to Memo - AAA Rule R9, #10 Exhibit G to Memo - Water and Waste System Certificates, #11 Affidavit of Josh Moorman, #12 Addendum to Memo - Case: Bernstein v. Pulte)No proposed order.(asni, ) |
| Filing 1 NOTICE OF REMOVAL from York County, case number 2020-CP-46-01203. (Filing fee $ 400 receipt number 0420-9081694), filed by Lexon Insurance Company, BCVP2 Baileys Run LLC. (Attachments: #1 Exhibit A to Removal Notice - State Court Documents, #2 Exhibit B to Removal Notice - Notice to State Court, #3 Certificate of Service)(asni, ) |
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