Brotemarkle v. Washum et al
| Clinton G. Brotemarkle, III |
| Ascend, LLC, Milan Supply Chain Solutions, Inc., Mark Washum, Ascend Logistics, LLC, Milan Express Company, Inc., John/Jane Does and Richard Roe Corporations |
| 1:2023cv04382 |
| August 30, 2023 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Both |
Docket Report
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| Filing 32 CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 2/6/2024, Plaintiff ID of Expert Witness due by 3/4/2024, Defendant ID of Expert Witnesses Due by 4/3/2024, Records Custodian Affidavit due by 4/3/2024, Discovery due by 6/4/2024, Motion in Limine due by 9/13/2024, Motions due by 6/18/2024, Rule 26(a)(3) Disclosures due by 9/3/2024, Jury Selection Deadline 10/7/2024, Mediation Due by 8/16/2024. Signed by Honorable Mary Geiger Lewis on 10/19/2023. (cbru, ) |
| Filing 31 Local Rule 26.03 Answers to Interrogatories by Clinton G. Brotemarkle, III.(Hawk, Marion) |
| Filing 30 Local Rule 26.03 Answers to Interrogatories by Ascend, LLC, Milan Supply Chain Solutions, Inc., Mark Washum. Refiled by the Clerk to correct event type. (cbru, ) |
| Filing 29 DELETION OF DOCKET ENTRY NUMBER 28. Reason: Duplicate of entry #27. (cbru, ) |
| Filing 27 Rule 26(f) Report by Clinton G. Brotemarkle, III, Milan Supply Chain Solutions, Inc., Mark Washum, Ascend, LLC. (Hawk, Marion) Modified to edit filers on 10/12/2023 (cbru, ). |
| Filing 26 TEXT ORDER: The 23 Order and #24 Judgment are vacated and this action is hereby reinstated. The parties shall file their Rule 26(f) Report in compliance with the #10 Scheduling Order no later than October 13, 2023. IT IS SO ORDERED. (Rule 26 Report due by 10/13/2023) Signed by Honorable Mary Geiger Lewis on 10/10/2023. (cbru, ) |
| Filing 25 Local Rule 26.01 Answers to Interrogatories by Clinton G. Brotemarkle, III.(Hawk, Marion) |
| Filing 24 *Vacated per Order #26* JUDGMENT dismissing this action without prejudice. (cbru, ) Modified to edit text on 10/11/2023 (cbru, ). |
| Filing 23 *Vacated per Order #26* TEXT ORDER: In light of Plaintiff's failure to abide by the Court's Orders concerning the filing of his Answers to Local Rule 26.01 Interrogatories, and the Court's warning that such failure might result in dismissal, this case is DISMISSED WITHOUT PREJUDICE. See Ballard v. Carlson, 882 F.2d 93, 9596 (4th Cir. 1989) (dismissal appropriate sanction where litigant disregarded court order despite warning that failure to comply with order would result in dismissal). IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/4/2023. (cbru, ) Modified to edit text on 10/11/2023 (cbru, ). |
| Filing 22 TEXT ORDER: The Court has repeatedly directed Plaintiff to file his Answers to Local Rule 26.01 Interrogatories; but, he has failed to do so. Therefore, not later than 5:00 PM today, October 4, 2023, Plaintiff shall file his Answers to Local Rule 26.01 Interrogatories. If he fails to do so, the Court may dismiss this case for failure to comply with the Court's orders. See Ballard v. Carlson, 882 F.2d 93, 9596 (4th Cir. 1989) (dismissal appropriate sanction where litigant disregarded court order despite warning that failure to comply with order would result in dismissal). IT IS SO ORDERED. (Answer to LR26.01 Interrogatories due by 10/4/2023) Signed by Honorable Mary Geiger Lewis on 10/4/2023. (cbru, ) |
| Filing 21 TEXT ORDER: On September 15, 2023, the Clerk reminded Plaintiff that "Answers to Local Rule 26.01 Interrogatories are to be filed no later than 14 days after service of the notice of removal". The Clerk requested that Plaintiff "file these answers to interrogatories no later than September 29, 2023". Nevertheless, the deadline has passed and Plaintiff has failed to do so. Therefore, not later than the close of business on October 3, 2023, the Court directs Plaintiff to file said answers. IT IS SO ORDERED. (Answer to LR26.01 Interrogatories due by 10/3/2023) Signed by Honorable Mary Geiger Lewis on 10/2/2023. (cbru, ) |
| Filing 20 TEXT ORDER granting #17 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 9/29/2023.(cbru, ) |
| Filing 19 Additional Attachments to Main Document #17 MOTION to Appear Pro Hac Vice by Stephen W. Mooney ( Filing fee $ 350 receipt number ASCDC-11338423). First attachment description: Application/Affidavit for Pro Hac Vice Admission and Certificate of Good Standing. (Arnold, Brannon) |
| Filing 17 MOTION to Appear Pro Hac Vice by Stephen W. Mooney (Filing fee $350 receipt number ASCDC-11338423) by Ascend, LLC, Milan Supply Chain Solutions, Inc., Mark Washum. Response to Motion due by 10/10/2023. 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 for Pro Hac Vice Admission, #2 Proposed Order #3 Certificate of Consultation) No proposed order.(Arnold, Brannon) Modified to edit text on 9/25/2023 (cbru, ). Additional Attachments filed as entry #19 on 9/28/2023 (cbru, ). |
| Filing 15 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 September 29, 2023. (cbru, ) |
| Filing 14 Additional Attachments to Main Document #1 Notice of Removal. (Attachments: #1 Ex B - Affidavit of Clayton D. Moseley Corrected Attachments 1-5)(Arnold, Brannon) Modified to edit text on 9/11/2023 (cbru, ). |
| Filing 13 REPLY by Ascend, LLC, Milan Supply Chain Solutions, Inc., Mark Washum to 7 Order,,, Set Deadlines,, . (Arnold, Brannon) |
| Filing 12 Amended Local Rule 26.01 Answers to Interrogatories by Ascend, LLC, Milan Supply Chain Solutions, Inc., Mark Washum.(Arnold, Brannon) |
| Filing 11 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 9/5/2023. (cbru, ) |
| Filing 10 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 10/10/2023, Motions to Amend Pleadings due by 11/6/2023, Plaintiff ID of Expert Witness due by 12/4/2023, Defendant ID of Expert Witnesses Due by 1/3/2024, Records Custodian Affidavit due by 1/3/2024, Discovery due by 3/4/2024, Motion in Limine due by 6/14/2024, Motions due by 3/18/2024, Rule 26(a)(3) Disclosures due by 6/3/2024, Jury Selection Deadline 7/5/2024, Mediation Due by 5/17/2024. Signed by Honorable Mary Geiger Lewis on 9/5/2023. (cbru, ) Modified to edit text on 9/6/2023 (cbru, ). |
| Filing 9 ANSWER to Complaint by Ascend, LLC, Milan Supply Chain Solutions, Inc., Mark Washum.(Arnold, Brannon) |
| Filing 7 TEXT ORDER: The parties' attention is directed to the Court's Standing Order Regarding All Removed Cases Assigned to Judge Mary Geiger Lewis, located on the District Court's website at http://www.scd.uscourts.gov/Forms/Special_Instructions/Lewis_Standing%20_Order_Regarding_Removed_Cases.pdf. Not later than seven days from the entry of this Text Order, Defendant(s) shall file the information mandated by the Order. IT IS SO ORDERED. (Reply due by 9/7/2023) Signed by Honorable Mary Geiger Lewis on 8/31/2023. (cbru, ) |
| Filing 5 CLERK'S NOTICE: Defendant Mark Washum is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed at the time a party first appears. Please file these answers to interrogatories no later than September 14, 2023. (cbru, ) |
| Filing 4 CLERK'S NOTICE: Defendants Ascend, LLC and Milan Supply Chain Solutions, Inc. are reminded that Local Rule 26.01 includes Interrogatory H to be answered in any action in which jurisdiction is based on diversity under 28 U.S.C. 1332(a). Please file an answer to this interrogatory no later than September 14, 2023. (cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Ascend, LLC, Milan Supply Chain Solutions, Inc.(cbru, ) (Main Document 3 replaced on 8/31/2023) (cbru, ). |
| Filing 1 NOTICE OF REMOVAL from Aiken County Court of Common Pleas, case number 2023-CP-02-01690 (Filing fee $402 receipt number ASCDC-11295384), filed by Milan Supply Chain Solutions, Inc., Mark Washum, Ascend, LLC. (Attachments: #1 Exhibit A - Summons and Complaint for Damages, #2 Exhibit B - Moseley Affidavit and Exhibits, #3 Exhibit C - Demand Letter, #4 Exhibit D - Civil Cover Sheet, #5 Exhibit E - Notice of Service through South Carolina DMV, #6 Exhibit F - Plaintiff's Affidavit of Compliance for Service, #7 Exhibit G - Affidavit of Service (Milan Supply Chain Solutions), #8 Exhibit H - Affidavit of Service (Ascend, LLC), #9 Exhibit I - Letter from South Carolina DMV re service on Defendant Washum, #10 Exhibit J - Affidavit of Service (Mark Washum), #11 Exhibit K - Notice of Filing Notice of Removal - Clerk of Court, #12 Exhibit L - Notice of Filing Notice of Removal - Counsel)(cbru, ) (Attachment 4 replaced on 8/31/2023) (cbru, ). (Main Document 1 replaced on 8/31/2023) (cbru, ). |
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