LMV II NoMo Holdings LP v. Santis Restaurante Mexicano Inc
Plaintiff: LMV II NoMo Holdings LP
Defendant: Santis Restaurante Mexicano Inc
Case Number: 2:2019cv02657
Filed: September 19, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Bruce Howe Hendricks
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2019 Filing 33 AMENDED COMPLAINT against Santis Restaurante Mexicano Inc, filed by LMV II NoMo Holdings LP. Service due by 2/13/2020 (Attachments: #1 Exhibit A. Sawin Deed, #2 Exhibit B. May 1992 Plat, #3 Exhibit C. Amendment, #4 Exhibit D. Declaration, #5 Exhibit E. May 1992 Deed, #6 Exhibit F. November 1992 Plat, #7 Exhibit G. December 1992 Plat, #8 Exhibit H. June 1997 Deed, #9 Exhibit I. Termination, #10 Exhibit J. August 1999 Plat, #11 Exhibit K. August 2006 Deed, #12 Exhibit L. August 2008 Deed, #13 Exhibit M. January 2009 Plat, #14 Exhibit N. August 2018 Deed) (Caskey, Mary)
November 7, 2019 Filing 32 RECEIPT by Santis Restaurante Mexicano Inc for for deposit received per Orders re Injunction Bond. (ECF #24 and #30). (vdru, )
November 7, 2019 Filing 31 RECEIPT by LMV II NoMo Holdings LP for deposit received per Orders re Injunction Bond. (ECF #24 and #30) (vdru, )
November 7, 2019 Filing 30 AMENDED ORDER re #25 Order Fixing a Bond: It is ordered that LMV and Santis shall each deposit $20,000.00 into the registry of the United States District Court for the District of South Carolina. Signed by Honorable Bruce Howe Hendricks on 11/7/2019. (vdru, )
November 6, 2019 Filing 29 Joint Rule 26 Outline of Discovery Plan by LMV II NoMo Holdings LP.(Caskey, Mary)
November 6, 2019 Filing 28 Joint Rule 26(f) Report by LMV II NoMo Holdings LP.(Caskey, Mary)
November 6, 2019 Filing 27 NOTICE of Appearance by Demetri K Koutrakos on behalf of LMV II NoMo Holdings LP (Koutrakos, Demetri)
October 25, 2019 Filing 26 ANSWER to #1 Complaint,, , COUNTERCLAIM against LMV II NoMo Holdings LP by Santis Restaurante Mexicano Inc.(Traywick, Benjamin)
October 23, 2019 Opinion or Order Filing 25 ORDER fixing a Bond for the Plaintiff and Defendant pursuant to #24 Order on Motion for Preliminary Injunction: It is ordered that on or before November 7, 2019, LMV and Santi's shall each deposit $20,000.00 with the Clerk of the Court of the United States District Court for the District of South Carolina, to be held in an interest-bearing account pending the resolution of the underlying litigation. Signed by Honorable Bruce Howe Hendricks on 10/23/2019. (vdru, )
October 21, 2019 Filing 24 OPINION AND ORDER granting in part and denying in part #6 Motion for Preliminary Injunction; granting in part and denying in part #13 Motion for Preliminary Injunction Signed by Honorable Bruce Howe Hendricks on 10/21/2019.(jbry, )
October 18, 2019 Filing 23 Minute Entry. Proceedings held before Honorable Bruce Howe Hendricks: Motion Hearing held on 10/18/2019 re #6 MOTION for Preliminary Injunction filed by LMV II NoMo Holdings LP, #13 MOTION for Preliminary Injunction filed by Santis Restaurante Mexicano Inc. Court to issue a written order. Court Reporter: Tana Hess. (ssam, )
October 18, 2019 Filing 22 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction and in Support of Defendant's Motion for Preliminary Injunction Response filed by Santis Restaurante Mexicano Inc.Reply to Response to Motion due by 10/25/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Traywick, Benjamin)
October 18, 2019 Filing 21 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction and in Support of Defendant's Motion for Preliminary Injunction Response filed by Santis Restaurante Mexicano Inc. (Traywick, Benjamin) (Main Document 21 replaced on 10/22/2019) (vdru, ). Modified to replace with corrected document provided by filer on 10/22/2019 (vdru, ).
October 18, 2019 Filing 20 AFFIDAVIT in Support re #6 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit Amendment of Transmissible Easement, #2 Exhibit May 1992 Plat)(Caskey, Mary) (Main Document 20 replaced on 10/18/2019) (vdru, ). Modified to replace with corrected document provided by the filer on 10/18/2019 (vdru, ).
October 18, 2019 Filing 19 AFFIDAVIT in Support re #6 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit Amendment of Transmissible Appurtenant Easement, #2 Exhibit May 1992 Plat)(Caskey, Mary) (Main Document 19 replaced on 10/18/2019) (vdru, ). Modified to replace with with corrected document provided by the filer on 10/18/2019 (vdru, ).
October 17, 2019 Filing 18 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction , Amended Response filed by LMV II NoMo Holdings LP. (Caskey, Mary)
October 17, 2019 Filing 17 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction and in Support of Defendant's Motion for Preliminary Injunction Response filed by Santis Restaurante Mexicano Inc. (Traywick, Benjamin) (Main Document 17 replaced on 10/22/2019) (vdru, ). Modified to replace with corrected document provided by filer on 10/22/2019 (vdru, ).
October 17, 2019 Filing 16 AMENDED NOTICE of Hearing on Motions #6 MOTION for Preliminary Injunction , #13 MOTION for Preliminary Injunction : Please be advised that BOTH of the Motions for Preliminary Injunction will be heard at this time. Motion Hearing set for 10/18/2019 at 02:00 PM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. (vdru, )
October 16, 2019 Filing 15 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction Response filed by LMV II NoMo Holdings LP. (Caskey, Mary)
October 16, 2019 Filing 14 AFFIDAVIT in Support re #6 MOTION for Preliminary Injunction . (Caskey, Mary)
October 15, 2019 Filing 13 MOTION for Preliminary Injunction by Santis Restaurante Mexicano Inc. Response to Motion due by 10/29/2019. 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.(Traywick, Benjamin)
October 15, 2019 Filing 12 AFFIDAVIT in Opposition re #6 MOTION for Preliminary Injunction Response filed by Santis Restaurante Mexicano Inc. (Traywick, Benjamin)
October 9, 2019 Filing 11 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction Response filed by Santis Restaurante Mexicano Inc.Reply to Response to Motion due by 10/16/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Deed, #2 Exhibit Affidavit of Jeff Hefel)(Traywick, Benjamin)
September 26, 2019 Filing 9 CERTIFICATE OF SERVICE by LMV II NoMo Holdings LP re 8 Notice of Hearing on Motion, (Attachments: #1 Exhibit Notice of hearing)(Caskey, Mary)
September 26, 2019 Filing 8 NOTICE of Hearing on Motion #6 MOTION for Preliminary Injunction : Motion Hearing is set for 10/18/2019 at 02:00 PM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. IMPORTANT NOTE: Please be advised that the Plaintiff is instructed to serve notice of this hearing on the Defendant. (vdru, )
September 26, 2019 Filing 7 CERTIFICATE OF SERVICE by LMV II NoMo Holdings LP re #6 MOTION for Preliminary Injunction (Caskey, Mary)
September 25, 2019 Filing 6 MOTION for Preliminary Injunction by LMV II NoMo Holdings LP. Response to Motion due by 10/9/2019. 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 Memo in Support, #2 Exhibit Exhibit List, #3 Exhibit Sawin Deed, #4 Exhibit May 1992 Plat, #5 Exhibit Amendment, #6 Exhibit Declaration, #7 Exhibit Mat 1992 Deed, #8 Exhibit Nov 1992 Plat, #9 Exhibit Dec 1999 Plat, #10 Exhibit June 1997 Deed, #11 Exhibit Termination, #12 Exhibit 1999 Plat, #13 Exhibit Deed to MoneyLine, #14 Exhibit Aug 2008 Deed, #15 Exhibit Jan 2009 Plat, #16 Exhibit Aug 2018 Deed, #17 Affidavit Affidavit of Jeffrey Harris, #18 Exhibit Plat, #19 Exhibit Plat)No proposed order.(Caskey, Mary)
September 25, 2019 Filing 5 ACCEPTANCE OF SERVICE OF COMPLAINT by LMV II NoMo Holdings LP. Santis Restaurante Mexicano Inc served on 9/25/2019, answer due 10/16/2019. (Attachments: #1 Exhibit Acceptance of Service)(Caskey, Mary)
September 19, 2019 Filing 3 Summons Issued as to Santis Restaurante Mexicano Inc. (vdru, )
September 19, 2019 Filing 2 Local Rule 26.01 Answers to Interrogatories by LMV II NoMo Holdings LP.(vdru, )
September 19, 2019 Filing 1 COMPLAINT against Santis Restaurante Mexicano Inc ( Filing fee $ 400 receipt number 0420-8678707.), filed by LMV II NoMo Holdings LP. Service due by 12/18/2019. (Attachments: #1 Exhibit A: Swain Deed, #2 Exhibit B: May 1992 Plat, #3 Exhibit C: Amendment, #4 Exhibit D: Declaration, #5 Exhibit E: May 1992 Deed, #6 Exhibit F: Nov 1992 Plat, #7 Exhibit G: Dec 1992 Plat, #8 Exhibit H: June 1997 Deed, #9 Exhibit I: Termination, #10 Exhibit J: 1999 Plat, #11 Exhibit K: 2006 Deed, #12 Exhibit L: Aug 2008 Deed, #13 Exhibit M: Jan 2009 Plat, #14 Exhibit N: Aug 2018 Deed)(vdru, )

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Plaintiff: LMV II NoMo Holdings LP
Represented By: Kathleen McDavid Muthig
Represented By: Mary McFarland Caskey
Represented By: Demetri K Koutrakos
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Defendant: Santis Restaurante Mexicano Inc
Represented By: Benjamin Alexander Traywick
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