Hair v. Summey et al
Plaintiff: Leroy Walter Hair, Jr
Defendant: R Keith Summey, South Carolina Attorney General's Office, City of North Charleston and South Carolina Law Enforcement Division
Case Number: 2:2018cv02908
Filed: October 26, 2018
Court: US District Court for the District of South Carolina
Presiding Judge: Mary Gordon Baker
Referring Judge: Richard M Gergel
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 6, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 6, 2018 Filing 31 ***DOCUMENT E-MAILED certified copy of #29 Order on Motion to Dismiss, Order on Motion to Dismiss for Failure to State a Claim, Order on Motion to Amend/Correct, Order on Motion to Remand, to Julie Armstrong, Clerk of Court for Charleston County Court of Common Pleas (ssam, )
December 5, 2018 Opinion or Order Filing 29 ORDER finding as moot #4 Motion to Dismiss; finding as moot #6 Motion to Dismiss for Failure to State a Claim; granting #8 Motion to Amend/Correct; granting #10 Motion to Remand; granting #16 Motion to Amend/Correct. It ishereby ordered that this case be remanded to the Charleston County Circuit Court, Court of Common Pleas. Signed by Honorable Richard M Gergel on 12/05/2018. (hada, )
December 4, 2018 Filing 28 DELETION OF DOCKET ENTRY NUMBER 27 Reason: per request of attorney. Entry was duplicative of Dkt. No. 26. (hada, )
December 4, 2018 Filing 26 Letter from Barrett R. Brewer. (Attachments: #1 Proposed Order Proposed Consent Order, #2 Exhibit A re Proposed Consent Order, #3 Exhibit A re Second Amended Summons and Complaint, #4 Exhibit B re Second Amended Summons and Complaint, #5 Exhibit B re Second Amended Summons and Complaint, #6 Exhibit B re Second Amended Summons and Complaint, #7 Supporting Documents Emails re Proposed Consent Order)(Brewer, Barrett)
November 29, 2018 Filing 25 TEXT ORDER granting #24 Motion for Extension of Time to File Response/Reply by December 4, 2018. Entered at the direction of Magistrate Judge Mary Gordon Baker on 11/29/18.(akob, )
November 28, 2018 Filing 24 First MOTION for Extension of Time to File Response/Reply to Defendants Responses to Plaintiff's Motion to Amend and Motion to Remand by Leroy Walter Hair, Jr. Response to Motion due by 12/12/2018. 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 A - Emails re Defendants Consent)No proposed order.Motions referred to Mary Gordon Baker.(Brewer, Barrett)
November 21, 2018 Filing 23 RESPONSE to Motion re #10 First MOTION to Remand and Memorandum in Support, #8 First MOTION to Amend/Correct Complaint and/or in the Alternative, Voluntary Non-Suit of Two Causes of Action Response filed by South Carolina Attorney General's Office, South Carolina Law Enforcement Division.Reply to Response to Motion due by 11/28/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ganes, Elloree)
November 21, 2018 Filing 22 RESPONSE in Opposition re #10 First MOTION to Remand and Memorandum in Support, #8 First MOTION to Amend/Correct Complaint and/or in the Alternative, Voluntary Non-Suit of Two Causes of Action, #16 Second MOTION to Amend/Correct 12 First MOTION to Amend/Correct #8 First MOTION to Amend/Correct Complaint and/or in the Alternative, Voluntary Non-Suit of Two Causes of Action. Response filed by City of North Charleston, R Keith Summey.Reply to Response to Motion due by 11/28/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Cleveland, Caroline) Modified to edit text on 11/26/2018 (ssam, ).
November 20, 2018 Filing 21 TEXT ORDER granting #19 #20 Motions for Extension of Time. Defendants shall respond to Plaintiff's pending motions (Dkt. Nos. 8; 10) by November 22, 2018. Entered at the direction of Magistrate Judge Mary Gordon Baker on 11/20/18. Entered at the direction of Magistrate Judge Mary Gordon Baker on 11/20/18.(akob, ) Modified to edit text on 11/20/2018 (ssam, ).
November 19, 2018 Filing 20 MOTION for Extension of Time Defendants Summey and City of North Charleston's Response to Docket Entry 11 by City of North Charleston, R Keith Summey. Response to Motion due by 12/3/2018. 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.Motions referred to Mary Gordon Baker.(Cleveland, Caroline)
November 19, 2018 Filing 19 REPLY by South Carolina Attorney General's Office, South Carolina Law Enforcement Division to 11 Order on Motion for Extension of Time to File Response/Reply,, And Request for Extension of Time. (Ganes, Elloree)
November 19, 2018 Filing 18 DELETION OF DOCKET ENTRY NUMBER 12 Reason: This document is duplicative of Dkt. No. 8. (ssam, )
November 19, 2018 Filing 17 DELETION OF DOCKET ENTRY NUMBER 13 Reason: Incorrect document filed. Attorney re-filed correct document.Corrected Filing Document Number #15 Modified filing date to that of original filing: 11/16/2018 (ssam, )
November 17, 2018 Filing 16 Supplemental MOTION to Amend/Correct Complaint and/or in the Alternative, Voluntary Non-Suit of Two Causes of Action by Leroy Walter Hair, Jr. Response to Motion due by 12/3/2018. 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 Supporting Documents A - Second Amended Summons and Complaint, #2 Exhibit A re 2nd Amended Summons and Complaint, #3 Exhibit B to 2nd Amended Summons and Complain, #4 Exhibit B to 2nd Amended Summons and Complain, #5 Exhibit B to 2nd Amended Summons and Complain, #6 Supporting Documents Amended Summons and Complaint)No proposed order.Motions referred to Mary Gordon Baker.(Brewer, Barrett) Modified to remove link to incorrect document on 11/19/2018 (ssam, ). Modified to edit text on 11/19/2018 (ssam, ).
November 16, 2018 Filing 15 Second AMENDED COMPLAINT against City of North Charleston, South Carolina Attorney General's Office, South Carolina Law Enforcement Division, R Keith Summey, filed by Leroy Walter Hair, Jr. Service due by 2/15/2019 (Attachments: #1 Exhibit A - Mug Shots, #2 Exhibit B - Photo of Flashlight, #3 Exhibit B - Photo of Flashlight, #4 Exhibit B - Photo of Flashlight) (Brewer, Barrett) Modified to correct date filed on 11/19/2018 (ssam, ).
November 16, 2018 Filing 14 Letter from Barrett R. Brewer, Esq.. (Attachments: #1 Exhibit Ex. A Filed 2nd Amended Summons and Complaint, #2 Exhibit 2nd Amended Summons and Complaint Exhibit, #3 Exhibit 2nd Amended Summons and Complaint Exhibit, #4 Exhibit 2nd Amended Summons and Complaint Exhibit)(Brewer, Barrett)
November 9, 2018 Filing 11 TEXT ORDER granting #9 Motion for Extension of Time to File Response/Reply to the pending Motions to Dismiss (Dkt. Nos. 4; 6.) After Defendants filed their motions, Plaintiff filed a Motion to Amend the Complaint and a Motion to Remand. The Court therefore stays the deadlines pertaining to the pending Motions to Dismiss (Dkt. Nos. 4; 6). To expedite proceedings, Defendants shall respond to Plaintiff's pending motions (Dkt. Nos. 8; 10) by November 19, 2018. Once Plaintiff's motions are resolved, if necessary, the Court will provide new deadlines to respond to Defendants' Motions to Dismiss. Entered at the direction of Magistrate Judge Mary Gordon Baker on 11/9/18.(akob, )
November 8, 2018 Filing 10 First MOTION to Remand and Memorandum in Support by Leroy Walter Hair, Jr. Response to Motion due by 11/26/2018. 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.Motions referred to Mary Gordon Baker.(Brewer, Barrett)
November 8, 2018 Filing 9 First MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Dismiss by Leroy Walter Hair, Jr. Response to Motion due by 11/26/2018. 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 Supporting Documents Affidavit of Barrett R. Brewer, Esq.)No proposed order.Motions referred to Mary Gordon Baker.(Brewer, Barrett)
November 8, 2018 Filing 8 First MOTION to Amend/Correct Complaint and/or in the Alternative, Voluntary Non-Suit of Two Causes of Action by Leroy Walter Hair, Jr. Response to Motion due by 11/26/2018. 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 Supporting Documents Ex. A - 2nd Amended Summons & Complaint, #2 Exhibit 2nd Amended Summons & Complaint Exhibit A, #3 Exhibit 2nd Amended Summons and Complaint Exhibit B1, #4 Exhibit 2nd Amended Summons and Complaint Exhibit B2, #5 Exhibit Second Amended Summons and Complaint Exhibit B3, #6 Supporting Documents Ex. B - Amended Summons and Complaint)No proposed order.Motions referred to Mary Gordon Baker.(Brewer, Barrett)
November 2, 2018 Filing 7 Local Rule 26.01 Answers to Interrogatories by South Carolina Attorney General's Office, South Carolina Law Enforcement Division.(Ganes, Elloree)
November 2, 2018 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by South Carolina Attorney General's Office, South Carolina Law Enforcement Division. Response to Motion due by 11/16/2018. 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 Memo in Support)No proposed order.Motions referred to Mary Gordon Baker.(Ganes, Elloree)
October 26, 2018 Filing 5 ANSWER to Complaint(Notice of Removal) by City of North Charleston, R Keith Summey.(cwhi, )
October 26, 2018 Filing 4 MOTION to Dismiss Plaintiff's First and Twelfth Causes of Action by City of North Charleston, R Keith Summey. Response to Motion due by 11/9/2018. 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 Memo in Support)Motions referred to Mary Gordon Baker.(cwhi, )
October 26, 2018 Filing 3 Local Rule 26.01 Answers to Interrogatories by City of North Charleston, R Keith Summey.(cwhi, )
October 26, 2018 Filing 1 NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2018-CP-10-4677. (Filing fee $ 400 receipt number 0420-8075665), filed by City of North Charleston, R Keith Summey, South Carolina Attorney General's Office, South Carolina Law Enforcement Division. (Attachments: #1 State Court Documents)(cwhi, )

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Plaintiff: Leroy Walter Hair, Jr
Represented By: Barrett R Brewer
Represented By: Edward Lee Phipps
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Defendant: R Keith Summey
Represented By: Bob J Conley
Represented By: Caroline Wrenn Cleveland
Represented By: Emmanuel Joseph Ferguson
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Defendant: South Carolina Attorney General's Office
Represented By: Elloree A Ganes
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Defendant: City of North Charleston
Represented By: Bob J Conley
Represented By: Caroline Wrenn Cleveland
Represented By: Emmanuel Joseph Ferguson
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Defendant: South Carolina Law Enforcement Division
Represented By: Elloree A Ganes
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