Smith et al v. Plycem USA, LLC et al
Plaintiff: Walter A. Smith and Rebecca L Smith
Defendant: Plycem USA Inc, Elementia USA Inc, Elementia S.A.B. de C.V. and Plycem USA LLC
Case Number: 2:2019cv01063
Filed: April 11, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: David C Norton
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2019 Filing 22 NOTICE to Attorneys regarding MDL Transfer (jbry, )
April 11, 2019 Filing 21 MDL MEMBER CASE OPENED: Kentucky Western, 3:19-cv-00071, Smith et al v. Plycem USA, LLC et al, as DSC case 2:19-cv-01063-DCN Plaintiff state of residence: Kentucky (jbry, )
April 11, 2019 Filing 20 Case transferred in from District of Kentucky Western; Case Number 3:19-cv-00071. Original file certified copy of transfer order and docket sheet received.
April 11, 2019 Filing 19 CONDITIONAL TRANSFER ORDER No. 1 from SCD re: MDL 2886. (MLG) [Transferred from Kentucky Western on 4/11/2019.]
April 10, 2019 NOTICE OF DOCKET CORRECTION Error: re [DN 19] Docketed Order in Incorrect Case; Correction: Clerk corrected the filing and removed it from the docket. (MEJ) [Transferred from Kentucky Western on 4/11/2019.]
April 9, 2019 Filing 18 ***DUPLICATE FILING - SEE DN #17 *** RESPONSE to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [duplicate filing?] filed by Rebecca L. Smith, Walter A. Smith. (Attachments: #1 Exhibit A - Harmel Complaint and Exhibits) (Soffin, Rachel) Modified on 4/9/2019 (KD). [Transferred from Kentucky Western on 4/11/2019.]
April 8, 2019 Filing 17 RESPONSE to Motion re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Rebecca L. Smith, Walter A. Smith. (Attachments: #1 Exhibit A - Harmel Complaint and Exhibits) (Soffin, Rachel) [Transferred from Kentucky Western on 4/11/2019.]
April 8, 2019 Filing 16 RESPONSE to Motion re #10 MOTION to Dismiss in Favor of Arbitration filed by Rebecca L. Smith, Walter A. Smith. (Soffin, Rachel) [Transferred from Kentucky Western on 4/11/2019.]
April 5, 2019 Filing 15 Unopposed MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss in Favor of Arbitration, #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Supplemental Motion) by Plaintiffs Rebecca L. Smith, Walter A. Smith (Attachments: #1 Exhibit A (MDL Transfer Motion), #2 Exhibit B (JPML Transfer Order), #3 Proposed Order) (Soffin, Rachel) [Transferred from Kentucky Western on 4/11/2019.]
March 28, 2019 Filing 14 ***Document attached to DN #13 ***Proposed Order re #13 MOTION to Stay Ruling on Motion to Transfer or Alternatively Motion for Extension of Time to Respond to Motions to Dismiss by Rebecca L. Smith, Walter A. Smith. (Soffin, Rachel) Modified on 4/1/2019 (KD). [Transferred from Kentucky Western on 4/11/2019.]
March 27, 2019 Filing 13 MOTION to Stay Ruling on Motion to Transfer or Alternatively Motion for Extension of Time to Respond to Motions to Dismiss by Plaintiffs Rebecca L. Smith, Walter A. Smith (Attachments: #1 Exhibit Ex. A - Brief in Support re Plaintiff Shara Guinn's Motion to Transfer to S.D. Oh., #2 Exhibit Ex. B - Notice of 3/28/19 Hearing Session) (Soffin, Rachel) (Additional attachment(s) added on 4/1/2019: #3 Proposed Order) (KD). [Transferred from Kentucky Western on 4/11/2019.]
March 18, 2019 Filing 12 Corporate Disclosure Statement by Elementia USA, INC., Plycem USA, LLC. (McTighe, Chadwick) [Transferred from Kentucky Western on 4/11/2019.]
March 18, 2019 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Elementia USA, INC., Plycem USA, LLC (Attachments: #1 Exhibit 1 - Property Deeds Search Results, #2 Exhibit 2 - Allura Warranty, #3 Proposed Order) (McTighe, Chadwick) [Transferred from Kentucky Western on 4/11/2019.]
March 18, 2019 Filing 10 MOTION to Dismiss in Favor of Arbitration by Defendants Elementia USA, INC., Plycem USA, LLC (Attachments: #1 Exhibit A - Declaration of Shawn Herrington, #2 Exhibit 1 - Allura Warranty, #3 Exhibit 2 - Warranty Claims Form, #4 Proposed Order) (McTighe, Chadwick) [Transferred from Kentucky Western on 4/11/2019.]
February 25, 2019 Filing 9 MOTION to Transfer Case to The Southern District of Ohio. (Attachments: #1 Brief in Support of Motion, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proof of Service). (RLJ) [Transferred from Kentucky Western on 4/11/2019.]
February 25, 2019 Filing 8 NOTICE OF MOTION TO TRANSFER. (RLJ) [Transferred from Kentucky Western on 4/11/2019.]
February 20, 2019 Opinion or Order Filing 7 TEXT ORDER Signed by Judge David J. Hale on 2/20/2019 granting #4 Motion for Adam A. Edwards to Appear Pro Hac Vice ; granting #5 Motion for Gregory F. Coleman to Appear Pro Hac Vice ; granting #6 Motion for Rachel Soffin to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT) [Transferred from Kentucky Western on 4/11/2019.]
February 13, 2019 Filing 6 MOTION for Rachel Soffin to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2804970. by Plaintiffs Rebecca L. Smith, Walter A. Smith (Attachments: #1 Affidavit Affidavit of Rachel Soffin, #2 Exhibit Certificate of Good Standing- GA, #3 Exhibit Certificate of Good Standing- FL, #4 Exhibit Certificate of Good Standing- FL (USDC), #5 Proposed Order Order Granting Motion for Admission Pro Hac Vice) (Braden, Roger) [Transferred from Kentucky Western on 4/11/2019.]
February 13, 2019 Filing 5 MOTION for Gregory F. Coleman to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2804964. by Plaintiffs Rebecca L. Smith, Walter A. Smith (Attachments: #1 Affidavit Affidavit of Gregory F. Coleman, #2 Exhibit Certificate of Good Standing- TN, #3 Proposed Order Order Granting Motion for Admission Pro Hac Vice) (Braden, Roger) [Transferred from Kentucky Western on 4/11/2019.]
February 13, 2019 Filing 4 MOTION for Adam A. Edwards to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2804932. by Plaintiffs Rebecca L. Smith, Walter A. Smith (Attachments: #1 Affidavit Affidavit of Adam A. Edwards, #2 Exhibit Certificate of Good Standing- TN, #3 Proposed Order Order Granting Motion for Admission Pro Hac Vice) (Braden, Roger) [Transferred from Kentucky Western on 4/11/2019.]
January 29, 2019 Filing 3 Summons Issued as to Elementia USA, INC., Elementia, S.A.B. DE C.V., Plycem USA, Inc., Plycem USA, LLC. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (Attachments: #1 Summons Plycem USA, LLC, #2 Summons Elementia USA, Inc, #3 Summons Elementia, S.A.B De C.V.) (RLJ) [Transferred from Kentucky Western on 4/11/2019.]
January 29, 2019 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (RLJ) [Transferred from Kentucky Western on 4/11/2019.]
January 28, 2019 Filing 1 COMPLAINT against Plycem USA, LLC, Plycem USA Inc., Elementia USA Inc., and Elementia S.A.B. De C.V., Filing fee $ 400, receipt number 0644-2793724, filed by Walter A. Smith, Rebecca L. Smith. (Attachments: #1 Cover Sheet) (RLJ) [Transferred from Kentucky Western on 4/11/2019.]

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Defendant: Plycem USA Inc
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Defendant: Elementia USA Inc
Represented By: Carol D. Browning
Represented By: Anthony Vale
Represented By: Robert L Hickok
Represented By: Brian H. Callaway
Represented By: Leah Greenberg Katz
Represented By: Chadwick A. McTighe
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Defendant: Elementia S.A.B. de C.V.
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Defendant: Plycem USA LLC
Represented By: Carol D. Browning
Represented By: Anthony Vale
Represented By: Robert L Hickok
Represented By: Brian H. Callaway
Represented By: Leah Greenberg Katz
Represented By: Chadwick A. McTighe
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Plaintiff: Walter A. Smith
Represented By: Roger N. Braden
Represented By: Rachel Soffin
Represented By: Gregory F. Coleman
Represented By: Adam A. Edwards
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Plaintiff: Rebecca L Smith
Represented By: Roger N. Braden
Represented By: Rachel Soffin
Represented By: Gregory F. Coleman
Represented By: Adam A. Edwards
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