DeWitt v. Fryar et al
| Cathy Diane DeWitt |
| Brandon Allen Bowman, Myeta Pinckney, Jason Wilson, Enterprise Leasing Company-Southeast LLC, Deon Hampton, Carl Scriven and Reginald Fryar |
| 2:2019cv03209 |
| November 12, 2019 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| David C Norton |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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| Filing 15 ***DOCUMENT MAILED Certified Filed copy of #14 Order on Motion to Remand to State Court, placed in U.S. Mail from Charleston Clerks Office to Colleton County Clerk of Court, PO Box 620 Walterboro, SC 29488-0028 ***DOCUMENT E-MAILED #14 Order on Motion to Remand to State Court, to Colleton County Clerk of Court (sshe, ) |
Filing 14
ORDER The Court, taking all facts and law in a light most favorable to the Plaintiff, finds that Defendant Enterprise Southeast has failed to carry its heavy burden of demonstrating that Plaintiff's claims have "no possibility" of success, that there is outright fraud in the naming of the resident Defendants, or that Plaintiff has no intention of seeking a joint judgment. Consequently, Plaintiff's motion to remand this action to the Court of Common Pleas of Colleton County is granted. AND IT IS SO ORDERED. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by Honorable Richard M Gergel on 1/2/2020.(sshe, )
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| Filing 13 REPLY to Response to Motion re #7 MOTION to Remand to State Court Plaintiff's Notice of Motion and Motion to Remand Response filed by Cathy Diane DeWitt. (Attachments: #1 Exhibit Exhibit A - ADR Rule to Show Cause, #2 Exhibit Exhibit B - Case Index, #3 Exhibit Consent Motion for Continuance, #4 Exhibit Exhibit D - Consent Scheduling Order, #5 Exhibit Exhibit E - Motion for Continuance, #6 Exhibit Exhibit F - Emails)(Holmes, Grahame) |
| Filing 12 RESPONSE in Opposition re #7 MOTION to Remand to State Court Plaintiff's Notice of Motion and Motion to Remand Response filed by Enterprise Leasing Company-Southeast LLC.Reply to Response to Motion due by 12/27/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Outten, Samuel) |
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Filing 11
ORDER granting #10 Plaintiff's Motion for Extension of Time. Plaintiff is not required to file a response to Defendant Enterprise Leasing Company-Southeast, LLC's Motion to Dismiss until ten (10) days after this Court's ruling on Plaintiff's Motion to Remand, if this Court decides to exercise jurisdiction over this action. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/10/2019.(sshe, )
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| Filing 10 First MOTION for Extension of Time by Cathy Diane DeWitt. Response to Motion due by 12/20/2019. 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.(Holmes, Grahame) |
| Filing 9 NOTICE OF CHANGE OF CASE NUMBER from 2:19-cv-03209-DCN to 2:19-cv-03209-RMG. Please use the new case number Judge initials on all documents in future filings. (sshe, ) |
| Filing 8 Case Reassigned to Judge Honorable Richard M Gergel. Judge Honorable David C Norton no longer assigned to the case. (glev, ) |
| Filing 7 MOTION to Remand to State Court Plaintiff's Notice of Motion and Motion to Remand by Cathy Diane DeWitt. Response to Motion due by 12/18/2019. 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 Memo in Support of Motion to Remand, #2 Exhibit Exhibit 1 - Amended Complaint, #3 Exhibit Exhibit 2 - EAN Holdings LLC's Motion to Stay, #4 Exhibit Exhibit 3 - Email re depositions, #5 Exhibit Exhibit 4 - Complaint, #6 Exhibit Exhibit 5 - Order)No proposed order.(Holmes, Grahame) |
| Filing 6 ANSWER to Complaint by Enterprise Leasing Company-Southeast LLC.(Outten, Samuel) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Enterprise Leasing Company-Southeast LLC. Response to Motion due by 12/10/2019. 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 1 - October 2019 Hearing transcript excerpt)No proposed order.(Outten, Samuel) |
| Filing 4 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Colleton County. (Attachments: #1 State Court Acknowledgment of Receipt of Notice of Removal)(Outten, Samuel) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Enterprise Leasing Company-Southeast LLC.(jbry, ) |
| Filing 1 NOTICE OF REMOVAL from Colleton County Court of Common Pleas, case number 2016-CP-15-00373. (Filing fee $ 400 receipt number 0420-8772820), filed by Enterprise Leasing Company-Southeast LLC. (Attachments: #1 Exhibit A - Order granting Motion to Substitute Parties entered on 10-25-2019, #2 Exhibit B - Amended Summons and Complaint filed 10-25-2019, #3 Exhibit C - Complaint filed 4-8-2016, #4 Exhibit D - EAN's Motion for Summary Judgment and Memo in Support, #5 Exhibit E - Affidavits of service and non-service on individual defendants, #6 Exhibit F - Plaintiff's Proposed Order dated 10-10-2019, #7 Exhibit G - Order dated 10-14-2019, #8 Certificate of Service)(jbry, ) |
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