White v. New-Indy Catawba LLC
| Kenny N. White, Tracie Nickell, Amanda Swagger and John Hollis |
| New-Indy Catawba LLC doing business as New Indy Containerboard and New-Indy Containerboard, LLC |
| 0:2021cv01480 |
| May 18, 2021 |
| US District Court for the District of South Carolina |
| Sherri A Lydon |
| Torts to Land |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 24 Corporate Disclosure Statement by New-Indy Containerboard, LLC. (McCoy, Peter) |
| Filing 23 Corporate Disclosure Statement by New-Indy Catawba LLC. (McCoy, Peter) |
| Filing 22 RESPONSE in Opposition re #21 MOTION to Dismiss Amended Complaint or, In the Alternative, to Strike Plaintiffs' Class Allegations Response filed by John Hollis, Tracie Nickell, Amanda Swagger, Kenny N. White.Reply to Response to Motion due by 7/21/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kenney, Christopher) |
| Filing 21 MOTION to Dismiss Amended Complaint or, In the Alternative, to Strike Plaintiffs' Class Allegations by New-Indy Catawba LLC, New-Indy Containerboard, LLC. Response to Motion due by 7/14/2021. 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 Declaration of Scott Conant, #2 Exhibit B Declaration of Thomas E. Bennett, #3 Exhibit C Declaration of Peter M. McCoy, Jr.)Proposed order is being emailed to chambers with copy to opposing counsel.(McCoy, Peter) |
| Filing 20 Local Rule 26.01 Initial Disclosures Local Rule 26.01 Answers to Interrogatories by New-Indy Catawba LLC.(McCoy, Peter) |
| Filing 19 TEXT ORDER granting in part and denying in part #18 Motion for Extension of Time to Respond to Plaintiffs First Amended Class Action Complaint. While Defendants request an extension of time to July 12, 2021, the court is only amenable to an extension to June 30, 2021. The court's reluctance to further extend the response period is influenced by the mandates of Local Civil Rule 12.01 (D.S.C.) and Rule 15, FRCP. At the outset, the court notes that Plaintiffs could not consent to the amount of time requested by Defendants. Local Civil Rule 12.01 (D.S.C.) limits a partys ability to grant an extension of time to respond to a pleading. It states: "A party may grant in writing one extension to any pleading asserting a claim, provided the extension does not exceed the lesser of twenty-one (21) days or the number of days within which the response was originally due." It appears Defendants requested a 29-day extension of time. Thus, in accordance with the local rule, Defendants were required to seek the "[f]urther extension... by motion." Moreover, at issue in this case is an Amended Complaint. The documents on file evidence that Defendant "New-Indy Catawba, LLC d/b/a New Indy Containerboard" was served with the original complaint on May 19, 2021. [ECF No. 5.] In accordance with Rule 15(a)(1)(A), FRCP, Plaintiffs invoked the right to amend their "pleading once as a matter of course" within the 21-day period following service of the original pleading. Plaintiffs filed an Amended Complaint on May 25, 2021. [ECF No. 6.] It appears service of the Amended Complaint was accomplished on the Defendants on May 26, 2021. [ECF Nos. 12, 13.] With an Amended Complaint, "[u]nless the court orders otherwise, any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later." Fed. R. Civ. P. 15(a)(3). Thus, it appears Defendants' representation that the current response deadline is June 15, 2021 is in error. Taking into account the above-referenced rules, however, the court has the discretion to "order[] otherwise", Fed. R. Civ. P. 15(a)(3), and hereby both limits the extension of time requested and orders a response to the Amended Complaint by June 30, 2021. Signed by Honorable Sherri A Lydon on 6/9/2021.(snie) Modified on 6/10/2021 to edit text per request of chambers (ahil). |
| Filing 18 First MOTION for Extension of Time TO RESPOND TO PLAINTIFFS AMENDED CLASS ACTION COMPLAINT by New-Indy Catawba LLC. Response to Motion due by 6/23/2021. 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.(McCoy, Peter) (Main Document 18 replaced on 6/10/2021 with document provided by filer) (ahil) |
| Filing 17 DELETION OF DOCKET ENTRY NUMBER 14 Reason: Filer refiled the document at 15/16 instead of emailing it to the Clerk as requested.Corrected Filing Document Numbers #16 #15 Modified filing date to that of original filing: 06/08/2021 (ahil) |
| Filing 16 NOTICE of Appearance by Peter Michael McCoy, Jr on behalf of New-Indy Containerboard, LLC (McCoy, Peter) Modified on 6/9/2021 to correct filing date to reflect the date of filing of the deleted entry at 14 (ahil). (Main Document 16 replaced on 6/10/2021 with document provided by filer) (ahil). |
| Filing 15 NOTICE of Appearance by Peter Michael McCoy, Jr on behalf of New-Indy Catawba LLC (McCoy, Peter) Modified on 6/9/2021 to correct filing date to reflect the date of filing of the deleted entry at 14 (ahil). (Main Document 15 replaced on 6/10/2021 with document provided by filer) (ahil). |
| Filing 13 SUMMONS Returned Executed by Kenny N. White, Tracie Nickell, Amanda Swagger and John Hollis. New-Indy Catawba LLC served on 5/19/2021, answer due 6/9/2021. **Previous entry 10 was deleted and Clerk refiled using the correct filing event. (Attachments: # 1 Exhibit A Affidavit of Service)(ahil) (Attachments: #1 Exhibit A Affidavit of Service)(ahil) Modified on 6/3/2021 to edit text (ahil). |
| Filing 12 SUMMONS Returned Executed by Kenny N. White, Tracie Nickell, Amanda Swagger, and John Hollis. New-Indy Containerboard, LLC served on 5/26/2021, answer due 6/16/2021. **Previous entry 9 was deleted and Clerk refiled using the correct filing event. (Attachments: #1 Exhibit A Affidavit of Service)(ahil) Modified on 6/3/2021 to edit text(ahil). |
| Filing 8 Summons Issued as to New-Indy Catawba LLC. (ahil) |
| Filing 7 Summons Issued as to New-Indy Containerboard, LLC. (ahil) |
| Filing 6 AMENDED COMPLAINT against New-Indy Catawba LLC, New-Indy Containerboard, LLC, filed by Kenny N. White, John Hollis, Tracie Nickell and Amanda Swagger. Service due by 8/23/2021 (Attachments: #1 Exhibit A-Clean Air Act Emergency Order, #2 Exhibit B-Determination) (Barber, Phillip) Modified on 6/3/2021 to edit text (ahil). |
| Filing 5 ACKNOWLEDGMENT OF SERVICE Executed as to #1 Complaint, Acknowledgement filed by Kenny N. White. (Attachments: #1 Exhibit A-Affidavit of Service)(Barber, Phillip) |
| Filing 4 Summons Issued as to New-Indy Catawba LLC. (ahil) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Kenny N. White.(ahil) |
| Filing 1 COMPLAINT against New-Indy Catawba LLC, d/b/a New Indy Containerboard ( Filing fee $ 402 receipt number 0420-9852626.), filed by Kenny N. White. Service due by 8/16/2021 (Attachments: #1 Exhibit A EPA Emergency Order, #2 Exhibit B DHEC Order)(ahil) |
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