Carter v. Walmart, Inc.
| Johnny R. Carter |
| Walmart, Inc. |
| 0:2024cv00644 |
| February 8, 2024 |
| US District Court for the District of South Carolina |
| Cameron McGowan Currie |
| P.I.: Other |
| 28 U.S.C. ยง 1446 Notice of Removal-Personal Injury |
| Both |
Docket Report
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| Document Text |
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| Filing 11 ***DOCUMENT E-MAILED: 10 Order on Motion to Remand to State Court to York County Clerk of Court; ***DOCUMENT MAILED: 10 Order on Motion to Remand to State Court placed in U.S. Mail from Columbia Clerk's Office to The Honorable Angie Bryant, Clerk of Court, York County Court of Common Pleas, PO Box 649, York, SC 29745-0649 (Attachments: #1 Remand Order/NEF) (cbru, ) |
| Filing 10 TEXT ORDER granting #9 Motion to Remand to State Court. Signed by Honorable Cameron McGowan Currie on 2/20/2024. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. (cbru, ) |
| Filing 9 MOTION to Remand to State Court and Reply to 7 Order, 8 Order by Johnny R. Carter. Response to Motion due by 3/5/2024. 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.(Kassel, John) Modified to edit text and motion relief on 2/20/2024 (cbru, ). |
| Filing 8 TEXT ORDER: Plaintiff has failed to file a reply to the court's previous Text Order (ECF No. 7) indicating whether he seeks damages in an amount over $75,000. Accordingly, it is unclear whether the court has diversity jurisdiction over this case. No later than February 23, 2024, Plaintiff shall file a reply to this order indicating whether he seeks damages in an amount over $75,000. Failure to do so may result in this case being remanded for lack of subject matter jurisdiction. IT IS SO ORDERED. (Reply due by 2/23/2024) Signed by Honorable Cameron McGowan Currie on 2/20/2024. (cbru, ) |
| Filing 7 TEXT ORDER: Defendant's Notice of Removal states multiple times Plaintiff's Complaint includes a prayer for punitive damages. ECF No. #1 at 1-2. However, Plaintiff's Complaint, attached at ECF No. 1-1, only includes a prayer for actual damages, not punitive damages. Accordingly, it is unclear whether this case meets the threshold for the amount in controversy for diversity jurisdiction. No later than February 16, 2024, Plaintiff shall file a reply to this order advising the court whether he seeks damages in an amount over $75,000. IT IS SO ORDERED. (Reply due by 2/16/2024) Signed by Honorable Cameron McGowan Currie on 2/13/2024. (cbru, ) |
| Filing 6 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 3/15/2024, Motions to Amend Pleadings due by 5/9/2024, Plaintiff ID of Expert Witness due by 6/6/2024, Defendant ID of Expert Witnesses Due by 7/5/2024, Records Custodian Affidavit due by 7/5/2024, Discovery due by 8/29/2024, Motion in Limine due by 12/31/2024, Motions due by 9/12/2024, Rule 26(a)(3) Disclosures due by 11/21/2024, Jury Selection Deadline 1/21/2025, ADR Statement due by 10/10/2024, Mediation Due by 11/7/2024. Signed by Honorable Cameron McGowan Currie on 2/9/2024. (cbru, ) |
| Filing 4 ANSWER to Complaint (Notice of Removal) by Walmart, Inc. (cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Walmart, Inc.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from York County Court of Common Pleas, case number 2023-CP-46-00070 (Filing fee $405 receipt number ASCDC-11579228), filed by Walmart, Inc. (Attachments: #1 Exhibit 1 - Service of Process Transmittal, #2 Exhibit 2 - Summons and Complaint)(cbru, ) |
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| Plaintiff: Johnny R. Carter | |
| Represented By: | Robert Wesley Hayes, Jr |
| Represented By: | John Daniel Kassel |
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| Defendant: Walmart, Inc. | |
| Represented By: | Mary Daniel LaFave |
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