Thomerson v. De Vito et al

Thomerson v. De Vito et al

Plaintiff:	Johnny Thomerson
Defendant:	Samuel Mullinax and Richard De Vito
Case Number:	2:2018cv01571
Filed:	June 8, 2018
Court:	US District Court for the District of South Carolina
Office:	Charleston Office
County:	Charleston
Presiding Judge:	Richard M Gergel
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Defendant

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Docket Report

This docket was last retrieved on August 10, 2021. A more recent docket listing may be available from PACER.

Date Filed	Document Text
August 10, 2021	Filing 99 STIPULATION of Dismissal with prejudice by Johnny Thomerson. (Kruger, Walter) (Main Document 99 replaced on 8/11/2021) (sshe, ). Modified on 8/11/2021 to replace with corrected signature document provided by filing user(sshe, ).
July 28, 2021	Filing 98 ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Richard M Gergel on 7/28/2021. (sshe, )
July 20, 2021	Filing 96 Exhibit List and Exhibits 1-35 by Richard De Vito, Samuel Mullinax. (Attachments: #1 2007 Compensation, #2 2008-2009 Compensation, #3 2010-2011 Compensation, #4 2012-2013 Compensation, #5 2014-2015 Compensation, #6 2016 Compensation, #7 Plaintiff's Performance Review (March 2008-February 2009), #8 Plaintiff's Performance Review (March 2010-March 2011), #9 Plaintiff's Performance Review (March 2011-2012), #10 Plaintiff's Performance Review (February 2012-December 2012), #11 Plaintiff's Annual Performance Review - 2013, #12 Plaintiff's Annual Performance Review - 2014, #13 Plaintiff's Annual Performance Review - 2015, #14 Plaintiff's Annual Performance Review - 2016, #15 Plaintiff's Notice of Pay Cut, #16 Plaintiff's Pilot Incentive Plan, #17 Management Bonus Plan, #18 Employee Handbook, #19 Employee Handbook continued, #20 Plaintiff's Receipt and Acknowledgment of Lenco Marine Employee Manual, #21 Lenco Marine, Inc. Cell Phone Policy, #22 Trim Tab Manufacturer Files Patent Lawsuit Against Boat Manufacturer, #23 Confidential Information Memorandum, #24 Bennett Marine Wins Patent Lawsuit, #25 Organizational Chart, #26 Court Rules in Favor of Lenco Marine in Patent Lawsuit, #27 Avg Number of Employees FY10-16, #28 Shareholders Agreement - 06-30-11, #29 Shareholder Redemption Docs, #30 Shareholders Agreement - 08-27-99, #31 Intellectual Property Assignment Agreement - Brian Robinson, #32 Robinson Notice of Pay Cut, #33 Robinson Performance Review - 02-16-09, #34 Robinson Performance Review - 02-18-10, #35 Robinson Performance Review - 03-08-11, #36 E-mail - 08-09-11)(McKnight, Mark) (Main Document 96 replaced on 7/21/2021) (sshe, ). Modified on 7/21/2021 to replace with corrected signature page as provided by filing user(sshe, ).
July 20, 2021	Filing 95 DELETION OF DOCKET ENTRY NUMBER 94 Reason: Duplicate entry Corrected Filing Document Number #92 Filing date is that of original filing: 7/19/2021 (sshe, )
July 20, 2021	Filing 93 DELETION OF DOCKET ENTRY NUMBER 86 Reason: Attorney filing user refiled previously corrected (duplicate) entry Corrected Filing Document Number #92 Modified filing date to that of original filing: 7/19/2021 (sshe, )
July 20, 2021	Filing 91 DELETION OF DOCKET ENTRY NUMBER 87, 88 Reason: Attorney filing user immediately refiled to include all attachments as verified by filing user Corrected Filing Document Number #89 , #90 Filing date is that of original filing: 7/19/2021 (sshe, )
July 19, 2021	Filing 92 TRIAL BRIEF Pretrial brief by Johnny Thomerson. (Attachments: #1 Supporting Documents Findings and Conclusions, #2 Exhibit Pl Ex 1 financials showing growth, #3 Exhibit Pl Ex 2 Power Point)(Query, O) Modified on 7/20/2021 to add descriptions for exhibit(s), to edit for original date filed, to separate exhibits and file as separate attachments(sshe, ). (Attachment 2 corrected on 7/20/2021) (Additional attachment 3 corrected/added on 7/20/2021 (sshe, ).
July 19, 2021	Filing 90 REPLY to Response to Motion re #83 MOTION in Limine Defendants' Reply to Plaintiff Johnny Thomerson's Opposition to Defendants' Motion in Limine Re Futch Testimony Response filed by Richard De Vito, Samuel Mullinax. (McKnight, Mark)
July 19, 2021	Filing 89 TRIAL BRIEF Defendants' Pretrial Brief and Proposed Findings of Fact and Conclusions of Law by Richard De Vito, Samuel Mullinax. (Attachments: #1 Exhibit Defendants' Proposed Findings of Fact and Conclusions of Law, #2 Certificate of Service)(McKnight, Mark)
July 13, 2021	Filing 85 RESPONSE in Opposition re #83 MOTION in Limine Response filed by Johnny Thomerson.Reply to Response to Motion due by 7/20/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Query, O)
July 8, 2021	Filing 84 RULE 26(a)(3)PRETRIAL DISCLOSURES by Richard De Vito, Samuel Mullinax. Objections to PreTrial Disclosures due by 7/22/2021. (Attachments: #1 Exhibit A (Defendants' Exhibit List, #2 Exhibit B (All Annotations Report - Johnny Thomerson), #3 Exhibit C (All Annotations Report - Brian Robinson), #4 Exhibit D (All Annotations Report - Jeff Futch), #5 Certificate of Service)(McKnight, Mark)
July 8, 2021	Filing 83 MOTION in Limine by Richard De Vito, Samuel Mullinax. Response to Motion due by 7/22/2021. 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 1- Futch Deposition 11-24-20, #2 Exhibit Dept. Business and Professional Regulation vs.Futch, #3 Exhibit Certified Copy of Judgment Written Plea Guilty, #4 Certificate of Service)No proposed order.(McKnight, Mark)
July 8, 2021	Filing 82 RULE 26(a)(3)PRETRIAL DISCLOSURES by Johnny Thomerson. Objections to PreTrial Disclosures due by 7/22/2021. (Attachments: #1 Supporting Documents Mullinax depo transcript, #2 Supporting Documents Futch depo transcript, #3 Supporting Documents Robinson depo transcript, #4 Supporting Documents Devito depo transcript)(Query, O)
June 25, 2021	Filing 81 TEXT ORDER: The parties shall file and exchange Fed. R. Civ. P. 26(a)(3) pretrial disclosures within 21 days of the trial date. Parties shall file and exchange Fed. R. Civ. P. Rule 26(a)(3) objections, any objections to use of deposition designated by other party, and any deposition counterdesignationsunder Fed. R. Civ. P. 32(a)(4) within 5 days thereafter. The parties shallexchange and premark all trial exhibits 14 days before trial. The parties shall file and exchange the following at least 10 days before trial: A. Proposed findings of fact and conclusions of law; B. Pretrial briefs in accord with Local Rule 26.05 (D.S.C.); and C. All premarked trial exhibits. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 6/25/21. (ltap, )
June 25, 2021	Filing 80 NOTICE of Hearing: Bench Trial set for 7/29/2021 - 7/30/21 beginning at 9:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, )
June 24, 2021	Filing 79 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 6/24/2021. All parties are represented on the call. Trial to be held July 29th and 30th. Court Reporter Karen Martin. (cper, )
June 3, 2021	Filing 78 NOTICE of Hearing: Telephone Status Conference set for 6/24/2021 at 3:00 PM before Honorable Richard M Gergel. Court staff needed. The court will provide call-in instructions.(ltap, )
April 14, 2021	Filing 77 NOTICE of Request for Protection from Court Appearance by Mark W McKnight for W Scott Turnbull for 5/21-31/2021, 7/12-16/2021, 7/21-28/2021.(McKnight, Mark) Filing corrected for event type (sshe, )
April 9, 2021	Filing 76 NOTICE of Request for Protection from Court Appearance by O Grady Query for 04/26/21-05/14-21 AND 08/01/21-08/15/21 (Query, O)
December 30, 2020	Filing 75 Letter from plaintiff: Depositions complete. Plaintiff ready for non-jury trial. (ltap, )
November 4, 2020	Filing 74 ORDER The Court DENIES Defendants' motion for a protective order (Dkt. No. #66 ). Further, finding Plaintiff has established good cause, see Fed. R. Civ. P. 16(b)(4), the Court GRANTS Plaintiff's motion for leave to take the depositions of Mr. Futch and Mr. Robinson remotely and ORDERS that the parties conduct these depositions on November 24, 2020 and November 25, 2020. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/4/2020.(sshe, )
November 4, 2020	Filing 73 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 11/4/2020 re #66 MOTION for Protective Order. All parties are represented on the line. Court to issue written order. Court Reporter Tana Hess. (cper, )
October 29, 2020	Filing 72 AFFIDAVIT of Affidavit of O. Grady Query re #68 Response in Opposition to Motion,, by Johnny Thomerson. (Query, O)
October 28, 2020	Filing 71 NOTICE of Hearing on #66 MOTION for Protective Order : Motion Hearing set for 11/4/2020 at 10:00 AM before Honorable Richard M Gergel. Court Staff needed. The Court will provide call-in instructions.(ltap, )
October 27, 2020	Filing 70 REPLY to Response to Motion re #66 MOTION for Protective Order Defendants' Reply in Support of Motion for Protective Order Response filed by Richard De Vito, Samuel Mullinax. (Attachments: #1 Certificate of Service)(McKnight, Mark)
October 20, 2020	Filing 69 DELETION OF DOCKET ENTRY NUMBER 67 Reason: Refiled corrected entry Corrected Filing Document Number #68 Modified filing date to that of original filing: 10/19/2020 Reply to Response due date modified to that of original filing: 10/26/2020 (sshe, )
October 19, 2020	Filing 68 RESPONSE in Opposition re #66 MOTION for Protective Order Response filed by Johnny Thomerson.Reply to Response to Motion due by 10/26/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Subpoena to Jeff Futch, #2 Exhibit Amended Notice of Deposition for Jeff Futch, #3 Exhibit Affidavit of Brian Robinson, #4 Exhibit Affidavit of Jeff Futch)(Query, O) Modified on 10/20/2020 to correct filing date, reply to response due date(sshe, ).
October 6, 2020	Filing 66 MOTION for Protective Order by Richard De Vito, Samuel Mullinax. Response to Motion due by 10/20/2020. 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 Notices of Jeff Futch and Brian Robinson Depositions, #2 Certificate of Service)No proposed order.(McKnight, Mark) (Attachment 2 replaced on 10/6/2020) (sshe, ). Modified on 10/6/2020 to replace with corrected document as requested and provided by filing user(sshe, ). (Main Document 66 replaced on 10/6/2020) (sshe, ). Modified on 10/6/2020 to replace with corrected document as requested and provided by filing user(sshe, ).
September 4, 2020	Filing 64 TEXT ORDER re #63 Notice of Request for Protection from Court Appearance filed by Richard De Vito, Samuel Mullinax. Defendant's counsel is protected from any and all court appearances during the requested period of September 11th - October 2nd. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/4/20. (ltap, )
August 14, 2020	Filing 63 NOTICE of Request for Protection from Court Appearance by Mark W McKnight for 09/11-10/02/20 (McKnight, Mark)
July 20, 2020	Filing 62 STATUS REPORT Notice of Scheduling Deposition & Mediation by Johnny Thomerson. (Query, O)
July 10, 2020	Filing 60 ORDER regarding pretrial matters. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/10/20. (ltap, )
July 10, 2020	Filing 58 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 7/10/2020. All parties are represented on the call. Court to issue order regarding mediation, bench trial matters and deadlines. Court Reporter Teresa Johnson. (cper, )
July 8, 2020	Filing 57 ANSWER to Interrogatories from Plaintiff by Johnny Thomerson.(Query, O)
July 7, 2020	Filing 56 NOTICE of Hearing: Status Conference set for 7/10/2020 at 10:00 AM before Honorable Richard M Gergel to discuss pretrial and other trial matters. The court will forward call-in instructions.(ltap, )
July 7, 2020	Filing 55 ORDER AND OPINION: The Court DENIES Defendants Richard DeVito and Samuel Mullinaxs motion for summary judgment as to Plaintiffs claim of promissory estoppel (Dkt. No. 28). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/7/20. (ltap, )
April 16, 2019	Filing 52 ORDER Defendant's motion for reconsideration (Dkt. No. #50 ) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/16/2019.(sshe, )
April 10, 2019	Filing 50 MOTION for Reconsideration re #45 Order on Motion for Summary Judgment, by Johnny Thomerson. Response to Motion due by 4/24/2019. 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.(Query, O)
April 5, 2019	Filing 49 NOTICE of Cancellation of Bar Meeting per Dkt. #48. (ltap, )
April 4, 2019	Filing 48 TEXT ORDER: The Court has certified to the Supreme Court of South Carolina a question of law that may be dispositive in this matter. (Dkt. No. 46.) The Court therefore STAYS this matter pending the answer of the Supreme Court of South Carolina. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/4/2019. (ltap, )
April 4, 2019	Filing 47 Letter from Mark W. McKnight to The Honorable Richard M. Gergel. (McKnight, Mark)
April 2, 2019	Filing 46 ORDER CERTIFICATION OF QUESTION TO THE SUPREME COURT OF SOUTH CAROLINA re #45 Order and Opinion on Motion for Summary Judgment. The United States District Court for the District of South Carolina certifies the question of law set forth: I. Certified Question of Law Does the three-year statute of limitations of S.C. Code Ann. 15-3-530 apply to claims for promissory estoppel? The Court concludes that the answer to the question certified herein may be determinative of a cause of action in this case, and there is no controlling precedent in the decisions of the Supreme Court of South Carolina. Accordingly, pursuant to South Carolina Appellate Rule 244, the Court respectfully: CERTIFIES the question stated in Part I of this Order to the Supreme Court of South Carolina; and ORDERS the Clerk of this Court to forward to the Supreme Court of South Carolina under the official seal of this Court, a copy of this Certification Order together with the original or copies of the record before this Court to the extent requested by the Supreme Court of South Carolina. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/2/2019. (sshe, )
April 2, 2019	Filing 45 ORDER AND OPINION The Court GRANTS IN PART and DENIES WITHOUT PREJUDICE IN PART Defendants Richard De Vito and Samuel Mullinax's motion for summary judgment (Dkt. No. #28 ). Defendants' motion is GRANTED as to Plaintiffs Counts One, Three, Four, Five and Six. Defendants' motion is DENIED WITHOUT PREJUDICE as to Plaintiff's Count Two for Promissory Estoppel. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/2/2019.(sshe, )
April 2, 2019	Filing 44 CONSENT ORDER The parties have consented to a redacted version of Plaintiff Johnny Thomerson's Opposition to Defendants' Motion for Summary Judgment being substituted in the record and the return initially filed removed from the record. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/2/2019. (sshe, )
March 28, 2019	Filing 43 RESPONSE in Support re #36 MOTION in Limine to Exclude Defendants' Reply in Support of Motion in Limine to Exclude Lenco Marine, Inc.'s Financial Response filed by Richard De Vito, Samuel Mullinax. (Attachments: #1 Certificate of Service)(McKnight, Mark)
March 21, 2019	Filing 42 RESPONSE in Opposition re #36 MOTION in Limine to Exclude Response filed by Johnny Thomerson.Reply to Response to Motion due by 3/28/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Query, O)
March 18, 2019	Filing 41 NOTICE of Hearing: Bar Meeting set for 4/8/2019 11:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. Jury Selection set for 5/7/2019 10:00 AM in Charleston Courtroom #4, U. S. Court House, 85 Broad St, Charleston before Honorable Richard M Gergel (sshe, )
March 14, 2019	Filing 40 REPLY to SUR REPLY to REPLY to Response to Motion re #28 MOTION for Summary Judgment Defendants' Motion for Summary Judgment and Supporting Memorandum of Law Response filed by Richard De Vito, Samuel Mullinax. Filed by clerk per Dkt. No. 39;Text Order. (sshe, )
March 14, 2019	Filing 39 TEXT ORDER: Defendants' motion to file a Reply to Plaintiff's Sur-Reply (Dkt. No. 38) is GRANTED. The Clerk is directed to file Plaintiff's motion (Dkt. No. 38) as a reply to Plaintiff's sur-reply. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/14/2019.(ltap, )
March 13, 2019	Filing 38 MOTION for Leave to File Response to Plaintiff Johnny Thomerson's Motion for Permission to File Supplemental Authorities on Applicability of Limitations to Equitable Claims by Richard De Vito, Samuel Mullinax. Response to Motion due by 3/27/2019. 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 Defendants' Response to Plaintiff Johnny Thomerson's Motion for Permission to File Supplemental Authorities on Applicability of Limitations to Equitable Claims, #2 Certificate of Service)No proposed order.(McKnight, Mark)
March 12, 2019	Filing 37 SUR REPLY to REPLY to Response to Motion re #28 MOTION for Summary Judgment Defendants' Motion for Summary Judgment and Supporting Memorandum of Law Response filed by Johnny Thomerson. Filed by clerk per Dkt. No. 35;Text Order. (sshe, )
March 12, 2019	Filing 36 MOTION in Limine to Exclude by Richard De Vito, Samuel Mullinax. Response to Motion due by 3/26/2019. 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 Civil Action Coversheet, #2 Certificate of Service)No proposed order.(McKnight, Mark)
March 12, 2019	Filing 35 TEXT ORDER: Plaintiff's motion to file supplemental authority (Dkt. No. 34) in response to the motion for summary judgment is GRANTED. The Clerk is directed to file Plaintiff's motion (Dkt. No. 34) as a sur-reply. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/12/2019.(ltap, )
March 11, 2019	Filing 34 MOTION permission to file supplemental authorities on applicability of limitations to equitable claims re #29 Response in Opposition to Motion,, by Johnny Thomerson. Response to Motion due by 3/25/2019. 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.(Query, O)
March 11, 2019	Filing 33 Defendants' Rule 26(a)(3) Pretrial Disclosures RULE 26(a)(3)PRETRIAL DISCLOSURES by Richard De Vito, Samuel Mullinax. Objections to PreTrial Disclosures due by 3/25/2019. (Attachments: #1 Exhibit A Defendant's designated documents, #2 Certificate of Service Certificate of Service)(McKnight, Mark) Modified on 3/12/2019 to add description to exhibit (sshe, ).
March 7, 2019	Filing 32 REPLY to Response to Motion re #28 MOTION for Summary Judgment Defendants' Motion for Summary Judgment and Supporting Memorandum of Law Defendants' Reply Brief in Support of Motion for Summary Judgment Response filed by Richard De Vito, Samuel Mullinax. (Attachments: #1 Certificate of Service)(McKnight, Mark)
February 28, 2019	Filing 29 RESPONSE in Opposition re #28 MOTION for Summary Judgment Defendants' Motion for Summary Judgment and Supporting Memorandum of Law Response filed by Johnny Thomerson.Reply to Response to Motion due by 3/7/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A affidavit of Johnny Thomerson, #2 Exhibit B affidavit of Brian Robinsons, #3 Exhibit C affidavit of Tom Broy)(Query, O) Modified on 3/4/2019 to add description(s) to exhibit(s) provided by filing user(sshe, ).
February 15, 2019	Filing 28 MOTION for Summary Judgment Defendants' Motion for Summary Judgment and Supporting Memorandum of Law by Richard De Vito, Samuel Mullinax. Response to Motion due by 3/1/2019. 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 Supporting Documents Part 1 Thomerson Deposition Transcript, #2 Supporting Documents Part 2 Thomerson Deposition Transcript, #3 Supporting Documents Part 3 Thomerson Deposition Transcript, #4 Supporting Documents Part 4 Thomerson Deposition Transcript, #5 Supporting Documents Part 5 Thomerson Deposition Transcript, #6 Supporting Documents Part 6 Thomerson Deposition Transcript, #7 Supporting Documents Part 7 Thomerson Deposition Transcript, #8 Supporting Documents Part 8 Thomerson Deposition Transcript, #9 Supporting Documents Declaration of Samuel Mullinax in support of Motion for Summary Judgment, #10 Supporting Documents Mullinax Deposition Transcripts, #11 Supporting Documents DeVito Deposition Transcripts, #12 Certificate of Service Certificate of Service)No proposed order.(McKnight, Mark)
January 9, 2019	Filing 27 NOTICE of Appearance by Walter J Kruger, III on behalf of Johnny Thomerson (Kruger, Walter)
December 5, 2018	Filing 26 NOTICE of Request for Protection from Court Appearance by O Grady Query for 01/15/19-01/21/19 (Query, O)
November 28, 2018	Filing 25 TEXT ORDER: Upon good cause shown and pursuant to Local Rule 6.01 the Court GRANTS the Parties' consent motion for extension of time to complete discovery and file dispositive motions (Dkt. No. 24). Discovery is now due by February 1, 2019, and dispositive motions are due no later than February 15, 2019.AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/28/2018. (ltap, )
November 26, 2018	Filing 24 Consent MOTION for Extension of Time to Complete Discovery Joint Motion to Extend Time for Completing Discovery and Filing Dispositive Motions by Richard De Vito, Samuel Mullinax. Response to Motion due by 12/10/2018. 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.(McKnight, Mark)
November 6, 2018	Filing 23 NOTICE of Request for Protection from Court Appearance by O Grady Query for 12/03/18 to 12/21/18 (Query, O)
November 6, 2018	Filing 22 DELETION OF DOCKET ENTRY NUMBER 21 Reason: Attorney filed Discovery in error Filing date of original filing: 11/5/2018 (sshe, )
October 23, 2018	Filing 19 Withdrawal of Motions: #17 MOTION to Compel filed by Richard De Vito, Samuel Mullinax.. (Attachments: #1 Certificate of Service)(McKnight, Mark)
October 18, 2018	Filing 18 TEXT ORDER re #17 MOTION to Compel. The time to file a response to motion is shortened to October 24, 2018. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/18/2018. (ltap, )
October 17, 2018	Filing 17 MOTION to Compel by Richard De Vito, Samuel Mullinax. Response to Motion due by 10/31/2018. 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 Defendants' First Set of Requests for Production to Plaintiff, #2 Exhibit Plaintiff's Responses to Defendants' First Interrogatories and Document Requests, #3 Exhibit August 27-28 and September 17, 2018 emails, #4 Exhibit October 8, 2018 letter to Dan M. David, Esq. and O. Grady Query, Esq., #5 Certificate of Service)No proposed order.(McKnight, Mark)
October 3, 2018	Filing 16 CONFIDENTIALITY ORDER granting #15 Motion for Confidentiality Order Signed by Honorable Richard M Gergel on 10/3/2018.(sshe, )
October 2, 2018	Filing 15 Joint MOTION for Confidentiality Order by Richard De Vito, Samuel Mullinax. Response to Motion due by 10/16/2018. 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 Proposed Order proposed Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(McKnight, Mark)
August 30, 2018	Filing 14 Plaintiff's Answers to Local Rule 26.03 Disclosures Local Rule 26.03 Answers to Interrogatories by Johnny Thomerson.(Query, O)
August 30, 2018	Filing 13 Defendants' Answers to Local Rule 26.03 Disclosures Local Rule 26.03 Answers to Interrogatories by Richard De Vito, Samuel Mullinax.(McKnight, Mark)
August 10, 2018	Filing 12 ORDER TO CONDUCT MEDIATION Mediation Due by 2/2/2019 Signed by Honorable Richard M Gergel on 8/10/2018. (sshe, )
August 9, 2018	Filing 11 Rule 26(f) Report by Richard De Vito, Samuel Mullinax. (Attachments: #1 Proposed Order Consent Amended Scheduling Order)(McKnight, Mark)
July 26, 2018	Filing 10 Local Rule 26.01 Answers to Interrogatories by Johnny Thomerson.(Query, O)
July 6, 2018	Filing 9 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 7/27/2018, 26(a) Initial Disclosures due by 8/10/2018, Rule 26 Report due by 8/10/2018, Motions to Amend Pleadings due by 10/4/2018, Plaintiffs ID of Expert Witness due by 11/5/2018, Defendants ID of Expert Witnesses due by 12/3/2018, Records Custodian Affidavit due by 12/10/2018, Discovery due by 1/2/2019, Motion in Limine must be filed no later than (15) days prior to jury selection, Motions due by 1/16/2019, The case is subject to being called for jury selection and/or trial on or after 4/1/2019. Signed by Honorable Richard M Gergel on 7/6/2018. (erav, )
July 6, 2018	Filing 8 Defendants' Answer and Affirmative Defenses to Plaintiff's Complaint ANSWER to Complaint by Richard De Vito, Samuel Mullinax.(McKnight, Mark)
July 3, 2018	Filing 7 ORDER granting #6 Motion to Appear Pro Hac Vice for William Scott Turnbull. Signed by Honorable Richard M Gergel on 7/3/2018.(ssam, )
June 27, 2018	Filing 6 MOTION to Appear Pro Hac Vice by William Scott Turnbull ( Filing fee $ 250 receipt number 0420-7857844) by Richard De Vito, Samuel Mullinax. Response to Motion due by 7/11/2018. 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 Application/Affidavit for Pro Hac Vice Admission, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(McKnight, Mark)
June 13, 2018	Filing 5 TEXT ORDER granting #4 Consent Motion for Extension of Time to Answer. Richard De Vito answer due 7/6/2018; Samuel Mullinax answer due 7/6/2018. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 6/13/2018.(ltap, )
June 13, 2018	Filing 4 MOTION for Extension of Time to File Answer re #1 Notice of Removal Motion for Extension of Time to File Answer or other Response by Richard De Vito, Samuel Mullinax. Response to Motion due by 6/27/2018. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(McKnight, Mark)
June 8, 2018	Filing 2 Local Rule 26.01 Answers to Interrogatories by Richard De Vito, Samuel Mullinax.(sshe, )
June 8, 2018	Filing 1 NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2018-CP-10-01752. (Filing fee $ 400 receipt number 0420-7823915), filed by Richard De Vito, Samuel Mullinax. (Attachments: #1 State Court Documents)(sshe, )

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Plaintiff: Johnny Thomerson
Represented By:	O Grady Query
Represented By:	Dan MacArthur David
Represented By:	Walter J Kruger, III
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Defendant: Samuel Mullinax
Represented By:	Mark W McKnight
Represented By:	William Scott Turnbull
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Defendant: Richard De Vito
Represented By:	Mark W McKnight
Represented By:	William Scott Turnbull
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