Smith et al v. Kelso et al
| Marcus Smith and Nadine Smith |
| Roadrunner Moving and Storage Company, Sunstate Carriers Inc, Jason Kelso and Roadrunner Van Lines LLC |
| 2:2020cv00180 |
| January 17, 2020 |
| US District Court for the District of South Carolina |
| David C Norton |
| Personal Property: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Filing 45
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 David C Norton on 10/06/2021. (hcor, )
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Filing 42
ORDER granting #41 Motion to Substitute Attorney. S. Chase Parker is hereby substituted for attorney Matthew Adkins of Lewis Brisbois Bisgaard & Smith LLP for defendants Roadrunner Van Lines, LLC and Roadrunner Moving and Storage Company. Signed by Honorable David C Norton on 5/3/2021.(jbry, )
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| Filing 41 MOTION to Substitute Attorney by Roadrunner Moving and Storage Company, Roadrunner Van Lines LLC. Response to Motion due by 5/11/2021. 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 Proposed Order Proposed Order of Substitution)No proposed order.(Parker, Steven) |
| Filing 40 NOTICE of Appearance by Steven Chase Parker on behalf of Roadrunner Moving and Storage Company, Roadrunner Van Lines LLC (Parker, Steven) (Main Document 40 replaced on 4/27/2021) (jbry, ). Modified on 4/27/2021 to replace incorrect document with correct document as provided by filing user (jbry, ). |
| Filing 39 NOTICE of Appearance by Steven Chase Parker on behalf of Roadrunner Moving and Storage Company, Roadrunner Van Lines LLC (Parker, Steven) |
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Filing 38
ORDER denying #28 Motion to Dismiss; denying #32 Motion to Amend/Correct Signed by Honorable David C Norton on July 13, 2020.(cdan, )
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| Filing 37 NOTICE of Cancellation of Hearing: on Motions #28 MOTION to Dismiss Plaintiff's Complaint for Insufficient Service of Process, #32 First MOTION to Amend/Correct Summons and Complaint : Telephonic Motion Hearing set for Monday, 7/13/2020 at 11:00 AM (jbry, ) |
| Filing 36 RESPONSE in Opposition re #32 First MOTION to Amend/Correct Summons and Complaint Joint Memorandum in Opposition to Plaintiff's Motion to Amend Their Complaint Response filed by Roadrunner Moving and Storage Company.Reply to Response to Motion due by 6/26/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Adkins, Matthew) |
| Filing 35 NOTICE of Telephonic Hearing on Motions #28 MOTION to Dismiss Plaintiff's Complaint for Insufficient Service of Process, #32 First MOTION to Amend/Correct Summons and Complaint : Telephonic Motion Hearing set for Monday, 7/13/2020 at 11:00 AM before Honorable David C Norton. Call-in instructions will be distributed at a later date.(jbry, ) |
| Filing 34 DELETION OF DOCKET ENTRY NUMBER 31 Reason: Attorney refiled with corrected documents. Corrected Filing Document Number #32 Modified filing date to that of original filing: 6/5/2020 Response due date modified to that of original filing: 6/19/2020 (jbry, ) |
| Filing 32 First MOTION to Amend/Correct Summons and Complaint by Marcus Smith, Nadine Smith. Response to Motion due by 6/19/2020. 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 Proposed 1st Amended Complaint, #2 Memo in Support Memorandum in Support of Motion to Amend and in Opposition to Motion to Dismiss)No proposed order.(Fairey, Marion) |
| Filing 30 REPLY to Response to Motion re #28 MOTION to Dismiss Plaintiff's Complaint for Insufficient Service of Process Response filed by Marcus Smith, Nadine Smith. (Attachments: #1 Exhibit Proposed 1st Amended Complaint)(Fairey, Marion) |
| Filing 29 DELETION OF DOCKET ENTRY NUMBER 27 Reason: Attorney refiled to separate attachment from main document. Corrected Filing Document Number #28 Modified filing date to that of original filing: 5/22/2020 Response due date modified to that of original filing: 6/5/2020 (jbry, ) |
| Filing 28 MOTION to Dismiss Plaintiff's Complaint for Insufficient Service of Process by Roadrunner Van Lines LLC. Response to Motion due by 6/5/2020. 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 Affidavit)No proposed order.(Adkins, Matthew) |
| Filing 26 CONSENT AMENDED SCHEDULING ORDER 26(a) Initial Disclosures due by 6/1/2020, Motions to Amend Pleadings due by 7/31/2020, Plaintiffs ID of Expert Witness due by 9/10/2020, Defendants ID of Expert Witnesses Due by 10/13/2020, Discovery due by 2/5/2021, Motions in Limine due at least three weeks prior to trial, Motions due by 2/25/2021, Jury Selection Deadline 5/1/2021, ADR Statement due by 3/19/2021, Mediation Due by 4/20/2021, Signed by Honorable David C Norton on 5/12/2020. (jbry, ) |
| Filing 25 Rule 26(f) Report by Roadrunner Moving and Storage Company. (Attachments: #1 Supporting Documents Rule 26(f) Report- Proposed Joint Discovery Plan)(Adkins, Matthew) |
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Filing 24
ORDER denying #8 Motion to Remand Signed by Honorable David C Norton on April 16, 2020.(cdan, )
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| Filing 23 NOTICE of Cancellation of Hearing: on Motion #8 MOTION to Remand : Motion Hearing set for Thursday, 4/9/2020 at 11:30 AM (jbry, ) |
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Filing 21
ORDER granting #16 Motion to Stay Signed by Honorable David C Norton on 3/10/2020.(eric, )
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| Filing 19 REPLY to Response to Motion re #8 MOTION to Remand Response filed by Marcus Smith, Nadine Smith. (Attachments: #1 Exhibit FMCSA Database - Roadrunner Moving & Storage, #2 Exhibit Certificate of Service Roadrunner)(Fairey, Marion) |
| Filing 18 NOTICE of Appearance by Matthew Dale Adkins on behalf of Roadrunner Moving and Storage Company (Adkins, Matthew) |
| Filing 17 NOTICE of Hearing on Motion #8 MOTION to Remand : Motion Hearing set for Thursday, 4/9/2020 at 11:30 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 16 MOTION to Stay Discovery and Scheduling Order Pending Plaintiffs' Motion to Remand by Roadrunner Moving and Storage Company. Response to Motion due by 3/18/2020. 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. No proposed order.(Cappelmann, Emily) |
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Filing 15
ORDER granting #14 Motion for Extension of Time. Plaintiffs shall haveuntil March 9, 2020 to file their reply in support of their motion to remand. Signed by Honorable David C Norton on 3/3/2020.(jbry, )
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| Filing 14 First MOTION for Extension of Time to File Reply Memorandum by Marcus Smith, Nadine Smith. Response to Motion due by 3/16/2020. 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 Affidavit of Counsel)No proposed order.(Fairey, Marion) |
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Filing 13
ORDER granting #10 Motion by William Daniel Floyd to Appear Pro Hac Vice. Signed by Honorable David C Norton on 2/26/2020.(jbry, )
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| Filing 12 TEXT ORDER granting protection from court appearances to Kate Cappelmann for 4/13-7/31/2020. Signed by Honorable David C Norton on 2/26/2020. (eric, ) |
| Filing 11 NOTICE of Request for Protection from Court Appearance by Emily Kate Cappelmann for 04/13/20 - 7/31/2020 (Cappelmann, Emily) |
| Filing 10 First MOTION to Appear Pro Hac Vice by William Daniel Floyd ( Filing fee $ 250 receipt number 0420-8966209) by Roadrunner Van Lines LLC. Response to Motion due by 3/10/2020. 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 Proposed Order, #2 Supporting Documents, #3 Supporting Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Cappelmann, Emily) |
| Filing 9 RESPONSE in Opposition re #8 MOTION to Remand Response filed by Roadrunner Moving and Storage Company.Reply to Response to Motion due by 3/2/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Exhibit A - Consent to Removal by Kelso and Sunstate Carriers)(Cappelmann, Emily) |
| Filing 8 MOTION to Remand by Marcus Smith, Nadine Smith. Response to Motion due by 2/25/2020. 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 Memo in Support of Motion to Remand, #2 Exhibit 1 - Letter Agreement for Extension of Time to Answer, #3 Exhibit 2 - Stipulation of Damages)No proposed order.(Fairey, Marion) Modified on 2/12/2020 to add descriptions to exhibits (jbry, ). |
| Filing 7 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 2/24/2020, 26(a) Initial Disclosures due by 3/10/2020, Rule 26 Report due by 3/10/2020, Motions to Amend Pleadings due by 4/10/2020, Plaintiffs ID of Expert Witness due by 5/11/2020, Defendants ID of Expert Witnesses Due by 6/12/2020, Discovery due by 10/8/2020, Motions in Limine due at least three weeks prior to jury selection, Motions due by 10/21/2020, Jury Selection Deadline 12/1/2020, ADR Statement due by 10/30/2020, Mediation Due by 11/30/2020, Signed by Honorable David C Norton on 2/3/2020. (jbry, ) |
| Filing 6 ANSWER to Complaint by Roadrunner Van Lines LLC.(Cappelmann, Emily) |
| Filing 5 ANSWER to Complaint by Roadrunner Moving and Storage Company.(Cappelmann, Emily) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Roadrunner Moving and Storage Company.(jbry, ) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Roadrunner Van Lines LLC.(jbry, ) |
| Filing 1 NOTICE OF REMOVAL from Colleton County Court of Common Pleas, case number 2019-CP-15-00904. (Filing fee $ 400 receipt number 0420-8891799), filed by Roadrunner Van Lines LLC, Roadrunner Moving and Storage Company. (Attachments: #1 Exhibit Complaint and Summons, #2 Exhibit Afidavit of Service re Roadrunner Express, #3 Exhibit Affidavit of Kate Cappelmann, #4 Exhibit Smith v. Roadrunner State Court Docket)(jbry, ) |
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