Coomes et al v. Centerra Group LLC et al
| Jamie Coomes, Shawn Williams, Christopher Slater and Anthony Tisbert |
| Centerra Group LLC, Donald Mark Bolton and Kimberly Garland |
| 1:2021cv03674 |
| November 9, 2021 |
| US District Court for the District of South Carolina |
| J Michelle Childs |
| Kaymani D West |
| Civil Rights: Jobs |
| 42 U.S.C. § 2003 |
| None |
Docket Report
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| Filing 31 NOTICE of Cancellation of Hearing: Motion Hearing set for 12/13/21 at 10:00am (kbos) |
Filing 30
ORDER denying as moot #4 Motion for TRO; denying as moot #4 Motion for Preliminary Injunction, Signed by Honorable J Michelle Childs on December 10, 2021.(kbos)
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| Filing 29 Letter from Lauren Martel replay to response filed by Defendants. (Attachments: #1 Proposed Order proposed Order PDF)(Martel, Lauren) |
| Filing 28 REPLY by Donald Mark Bolton, Centerra Group LLC, Kimberly Garland . (Hodges, Robert) |
| Filing 27 TEXT ORDER: This matter is before the court to address the posture of the case in light of correspondence received from Plaintiffs' counsel on December 8, 2021. (See ECF No. 26.) In her letter, Plaintiffs' counsel asserts that as a result of the vaccine mandate decision issued by the United States District Court for the Southern District of Georgia in the matter of The State of Georgia v. Biden, C/A No.: 1:21-cv-0163, 2021 WL 5779939 (S.D. Ga. Dec. 7, 2021), "Defendants have conceded that they are acting pursuant to the now enjoined federal mandate,... Defendants are enjoined from any terminations for failure to comply with the now enjoined federal mandate." (ECF No. 26 at 1.) As a result, the court DIRECTS Defendants to submit a response to this assertion by 5:00 p.m. on December 9, 2021, to include addressing whether (1) they agree that the court can cancel the December 13, 2021 motions hearing and (2) the parties are going to provide a proposed order to the court outlining the parameters of an agreed upon injunction for its consideration. Signed by Honorable J Michelle Childs on 12/8/2021. (vdou, ) |
| Filing 26 Letter from Lauren Martel. (Attachments: #1 Exhibit US District Court GA Order)(Martel, Lauren) |
| Filing 25 NOTICE of Appearance by Stephen Terry Savitz on behalf of Donald Mark Bolton, Centerra Group LLC, Kimberly Garland (Savitz, Stephen) |
| Filing 24 NOTICE of Appearance by Robert Hayne Hodges, III on behalf of Donald Mark Bolton, Centerra Group LLC, Kimberly Garland (Hodges, Robert) |
| Filing 23 TEXT ORDER granting #17 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 12/6/2021.(asni, ) |
| Filing 22 NOTICE OF RESCHEDULED HEARING Motion Hearing set for 12/7/2021 03:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs cancelled and rescheduled to: Motion Hearing set for 12/13/2021 10:00 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. (asni, ) |
| Filing 21 TEXT ORDER: This matter is before the court to address the posture of the motions hearing currently scheduled to occur on Tuesday, December 7, 2021, at 3:30 p.m. The court has been made aware of information that will require it to reschedule the hearing. In this regard, the court observes that Executive Order 14042 requires Plaintiffs "to have their final vaccination dose either their second dose of Pfizer or Moderna, or single dose of Johnson & Johnson by January 4, 2022." The White House, https://www.whit ehouse.gov/briefing-room/statements-releases/2021/11/04/fact-she et-biden-administration-announces-details-of-two-major-vaccinati on-policies/(last visited Dec. 6, 2021). The court further observes that the window for the Pfizer vaccination is twenty-one (21) days (compared to twenty-eight (28) days for Moderna). See CDC: Covid-19 Vaccines That Require 2 Shots, https://www.cdc.gov /coronavirus/2019-ncov/vaccines/second-shot.html (last visited Dec. 6, 2021). As a result, a person can have their first Pfizer shot on Tuesday, December 14, 2021, and still comply with the January 4, 2022 deadline set by Executive Order 14042. Therefore, the court reschedules the motions hearing on Plaintiffs' Motion for Temporary Restraining Order (ECF No. 4), Plaintiffs' Motion for Preliminary Injunction (id.), and Defendants' Motion to Dismiss (ECF No. 14) for Monday, December 13, 2021, at 10 a.m. Signed by Honorable J Michelle Childs on 12/6/2021. (asni, ) |
| Filing 20 REPLY to Response to Motion re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Jamie Coomes, Christopher Slater, Anthony Tisbert, Shawn Williams. (asni, ) refiled by the clerk to correct event type. |
| Filing 19 REPLY to Response to Motion re #14 MOTION to Dismiss Response filed by Donald Mark Bolton, Centerra Group LLC, Kimberly Garland. (Johnson, Christopher) |
| Filing 18 RESPONSE in Opposition re #14 MOTION to Dismiss Response filed by Jamie Coomes.Reply to Response to Motion due by 12/8/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Martel, Lauren) |
| Filing 17 MOTION to Appear Pro Hac Vice by Edward N Mazlish ( Filing fee $ 350 receipt number ASCDC-10212900) by Jamie Coomes. Response to Motion due by 12/15/2021. 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 Affidavit Declaration of Edward N Mazlish)Proposed order is being emailed to chambers with copy to opposing counsel.(Martel, Lauren) (Attachment 1 replaced on 12/6/2021) (asni, ). |
| Filing 16 RESPONSE in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Response filed by Donald Mark Bolton, Centerra Group LLC, Kimberly Garland.Reply to Response to Motion due by 12/7/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Declaration of Kimberly Garland, #2 Exhibit 1-Contract Modification and CAAC Letter 2021-03, #3 Exhibit 2-Initial Task Force Guidance, #4 Exhibit 3-Updated Task Force Guidance, #5 Exhibit 4- Coomes' Request for Religious Accommodation, #6 Exhibit 5-Centerra's Response to Coomes' Request, #7 Exhibit 6-Slater's Request for Religious Accommodation, #8 Exhibit 7-Centerra's Response to Slater's Request, #9 Exhibit 8-Tisbert's Request for Religious Accommodation, #10 Exhibit 9-Centerra's Response to Tisbert's Request, #11 Exhibit 10-Williams' Request for Religious Accommodation, #12 Exhibit 11-Centerra's Response to Williams' Request, #13 Exhibit 12-Williams Request for Medical Accommodation, #14 Exhibit 13-Centerras Response to Williams Request)(Johnson, Christopher) (Attachment 1 replaced on 12/8/2021) (asni, ). Modified to replace document with corrected signed document on 12/8/2021 (asni, ). |
| Filing 15 Local Rule 26.01 Answers to Interrogatories by Donald Mark Bolton, Centerra Group LLC, Kimberly Garland.(Johnson, Christopher) |
| Filing 14 MOTION to Dismiss by Donald Mark Bolton, Centerra Group LLC, Kimberly Garland. Response to Motion due by 12/1/2021. 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 Memo in Support)No proposed order.(Johnson, Christopher) |
| Filing 13 Additional Attachments to Main Document #1 Complaint, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. First attachment description: 2nd Declaration of Shawn Williams on medical request for exemption . (Martel, Lauren) |
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Filing 12
ORDER Regarding Posture of the Case and Motion Hearing set for 12/7/2021 03:00 PM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs as to #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction)( Response to Motions due by 11/30/2021). Signed by Honorable J Michelle Childs on 11/15/2021. (asni, )
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| Filing 11 DELETION OF DOCKET ENTRY NUMBER 8 Reason: Document was not signed by the attorney who electronically filed it. Corrected Filing Document Number #10 . Modified filing date to that of original filing: 11/11/2021. (prou, ) |
| Filing 10 ACKNOWLEDGMENT OF SERVICE Executed as to Acceptance of Service of Complaint, #1 Complaint,, #6 Additional Attachments to Main Document, #5 Summons Issued, #7 Additional Attachments to Main Document, #3 Local Rule 26.01 Answers to Interrogatories, #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Proof of Service documents Acknowledgement filed by Anthony Tisbert. (Martel, Lauren) Modified on 11/15/2021 to modify date to that of original filing date and to remove link to document that was deleted (prou, ). |
| Filing 7 Additional Attachments to Main Document #1 Complaint,,. First attachment description: Updated Affidavits of Plaintiffs when uploaded some attachments were illegible Updated PDF Declarations of Plaintiffs Coomes, Williams and Tisbert. (Attachments: #1 Affidavit updated some pages were scrambled, #2 Affidavit updated some pages were scrambled)(Martel, Lauren) |
| Filing 6 Additional Attachments to Main Document #1 Complaint,,. First attachment description: Declaration of Exhibits Declaration of Dr.Richard Amerling. (Attachments: #1 Affidavit)(Martel, Lauren) |
| Filing 5 Summons Issued as to Donald Mark Bolton, Centerra Group LLC, Kimberly Garland. (prou, ) |
| Filing 4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction ( Response to Motion due by 11/23/2021. 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. ) by Jamie Coomes, Christopher Slater, Anthony Tisbert, Shawn Williams. (Attachments: #1 Brief in Support)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Jamie Coomes, Christopher Slater, Anthony Tisbert, Shawn Williams.(prou, ) |
| Filing 1 COMPLAINT against Donald Mark Bolton, Centerra Group LLC, Kimberly Garland ( Filing fee $ 402 receipt number ASCDC-10178040.), filed by Jamie Coomes, Shawn Williams, Anthony Tisbert, Christopher Slater. Service due by 2/7/2022. (Attachments: #1 Exhibit 1 - Declaration for Shawn Williams, #2 Exhibit 2 - Declaration for Jamie Coomes, #3 Exhibit 3 - Declaration for Christopher Slater, #4 Exhibit 4 - Declaration for Anthony Tisbert, #5 Exhibit 5 - Declaration of Dr. John Falcon, MS, MD, #6 Exhibit 6 - Declaration of Dr. Janci C. Lindsey, PhD.)(prou, ) |
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