Brown v. Low Country Creole, LLC et al
| Dennis L. Brown |
| Low Country Creole, LLC, Lowcountry Creole Restaurant, Inc. and Lowcountry Creole Restaurant, Inc. d/b/a LoLA Low Country Louisiana Seafood Kitchen |
| 2:2020cv02063 |
| June 2, 2020 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| Richard M Gergel |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e |
| Both |
Docket Report
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| Filing 43 STIPULATION of Dismissal With Prejudice (JOINT) by Lowcountry Creole Restaurant, Inc.. (Samples, Thomas) |
Filing 42
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 Richard M Gergel on 10/12/2021. (sshe, )
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| Filing 40 NOTICE of Appearance by Cashida Okeke on behalf of Low Country Creole, LLC, Lowcountry Creole Restaurant, Inc. (Okeke, Cashida) |
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Filing 38
ORDER granting #37 Motion to Withdraw as Attorney. Signed by Magistrate Judge Mary Gordon Baker on 08/05/2021.(hcor, )
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| Filing 37 MOTION to Withdraw as Attorney by Lowcountry Creole Restaurant, Inc.. Response to Motion due by 8/19/2021. 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. No proposed order.Motions referred to Mary Gordon Baker.(Sulau, John) |
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Filing 35
ORDER granting #34 Motion to Substitute Attorney. Signed by Magistrate Judge Mary Gordon Baker on 08/02/2021.(hcor, )
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| Filing 34 MOTION to Substitute Attorney by Dennis L. Brown. Response to Motion due by 8/12/2021. 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. No proposed order.Motions referred to Mary Gordon Baker.(McAlpine, Edward) |
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Filing 33
REFERENCE #32 ORDER granting #30 Motion to Amend/Correct. Signed by Magistrate Judge Mary Gordon Baker on 07/12/2021.(hcor, )
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Filing 32
SECOND AMENDED SCHEDULING ORDER. ABSENT EXTRAORDINARY CIRCUMSTANCES, NO FURTHER EXTENSIONS SHALL BE GRANTED. Discovery due by 9/10/2021, Motions due by 11/9/2021, Mediation Due by 10/8/2021. Signed by Magistrate Judge Mary Gordon Baker on 07/12/2021. (hcor, )
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| Filing 31 AFFIDAVIT of Records Custodian by Lowcountry Creole Restaurant, Inc.. (Attachments: #1 Exhibit A - Certificate of Authority from Hire Quest)(Sulau, John) |
| Filing 30 Joint MOTION to Amend/Correct #24 Scheduling Order, by Lowcountry Creole Restaurant, Inc.. Response to Motion due by 7/23/2021. 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 is being emailed to chambers with copy to opposing counsel.Motions referred to Mary Gordon Baker.(Sulau, John) |
| Filing 29 ADR STATEMENT/CERTIFICATION by Lowcountry Creole Restaurant, Inc.(Sulau, John) |
| Filing 28 TEXT ORDER denying without prejudice #27 Defendant's Motion to Compel. Defendant has filed this discovery motion without first attempting to resolve the matter informally through a telephone conference with Judge Baker. Because Defendant has not complied with this requirement in the Scheduling Order (Dkt. No. 24), the Motion is denied. The parties should email chambers to schedule a telephone conference if they cannot resolve this discovery dispute themselves. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 6/29/21.(akob, ) |
| Filing 27 MOTION to Compel by Lowcountry Creole Restaurant, Inc.. Response to Motion due by 7/12/2021. 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 Exhibit A - DEF's First Request for Production to PL, #2 Exhibit B - March 4 Emails extending PL's Deadline to respond to Discovery, #3 Exhibit C - PL's Responses to DEF's 1st Set of Requests for Production, #4 Exhibit D - April 26 and 28 emails extending PL's deadline to serve Supp Responses, #5 Exhibit E - May 18 email extending PL's deadline to serve supp responses, #6 Exhibit F - June 1 emails exending PL's dealine to serve supp responses, #7 Exhibit G - June 28 email to Opposing Counsel, #8 Exhibit H - PL's Supp Responses to DEF's Request for Production)No proposed order.Motions referred to Mary Gordon Baker.(Sulau, John) |
| Filing 26 NOTICE of Appearance by Ekta Patel on behalf of Dennis L. Brown (Patel, Ekta) |
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Filing 25
ORDER granting #23 Motion for Protective Order. Signed by Magistrate Judge Mary Gordon Baker on 12/28/2020.(cpeg, )
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Filing 24
AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 1/8/2021, Plaintiffs ID of Expert Witness due by 4/9/2021, Defendants ID of Expert Witnesses Due by 5/10/2021, Records Custodian Affidavit due by 7/12/2021, Discovery due by 7/12/2021, Motions due by 9/10/2021, Mediation Due by 8/9/2021. Signed by Magistrate Judge Mary Gordon Baker on 12/22/2020. (hada, )
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| Filing 23 Joint MOTION for Protective Order by Low Country Creole, LLC, Lowcountry Creole Restaurant, Inc.. Response to Motion due by 1/4/2021. 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 is being emailed to chambers with copy to opposing counsel.Motions referred to Mary Gordon Baker.(Sulau, John) |
| Filing 22 Joint Rule 26 Outline of Discovery Plan by Lowcountry Creole Restaurant, Inc..(Sulau, John) |
| Filing 21 Joint Rule 26(f) Report by Lowcountry Creole Restaurant, Inc..(Sulau, John) |
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Filing 20
CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 12/4/2020, 26(a) Initial Disclosures due by 12/18/2020, Rule 26 Report due by 12/18/2020, Motions to Amend Pleadings due by 1/8/2021, Plaintiffs ID of Expert Witness due by 2/8/2021, Defendants ID of Expert Witnesses Due by 3/10/2021, Records Custodian Affidavit due by 3/10/2021, Discovery due by 5/11/2021, Motions due by 7/12/2021, Mediation Due by 6/10/2021. Signed by Magistrate Judge Mary Gordon Baker on 11/13/2020. (hada, )
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Filing 18
ORDER The Court finds Defendant Low Country Creole Restaurant has shown good cause for setting aside the entry of default against it. Fed. R. Civ. P. 55(c). The Court therefore GRANTS the Motion to Set Aside Default (Dkt. No. 13) and directs the Clerk to set aside the entry of default as to Defendant Low Country Creole Restaurant. Signed by Magistrate Judge Mary Gordon Baker on 11/10/2020.(hada, )
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| Filing 17 REPLY to Response to Motion re #13 MOTION to Set Aside Default Response filed by Lowcountry Creole Restaurant, Inc.. (Sulau, John) |
| Filing 16 RESPONSE in Opposition re #13 MOTION to Set Aside Default Response filed by Dennis L. Brown.Reply to Response to Motion due by 11/6/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bojarski, Christopher) |
| Filing 15 ANSWER to #1 Complaint by Lowcountry Creole Restaurant, Inc..(Sulau, John) |
| Filing 14 Local Rule 26.01 Answers to Interrogatories by Lowcountry Creole Restaurant, Inc..(Sulau, John) |
| Filing 13 MOTION to Set Aside Default by Low Country Creole, LLC, Lowcountry Creole Restaurant, Inc.. Response to Motion due by 10/30/2020. 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, #2 Exhibit A - Declaration of Jeff Filosa)No proposed order.Motions referred to Mary Gordon Baker.(Sulau, John) |
| Filing 11 STIPULATION of Dismissal Without Prejudice to Low Country Creole, LLC ONLY by Dennis L. Brown. (Attachments: #1 Affidavit)(Bojarski, Christopher) |
| Filing 10 SUMMONS Returned Executed by Dennis L. Brown. Low Country Creole, LLC served on 9/23/2020, answer due 10/14/2020. (Attachments: #1 Affidavit Affidavit of Service)(Bojarski, Christopher) |
| Filing 9 Clerk's ENTRY OF DEFAULT as to Lowcountry Creole Restaurant, Inc. (hada, ) |
| Filing 8 TEXT ORDER. Plaintiff has filed a Motion for Entry of Default against Defendants Low Country Creole, LLC and Lowcountry Creole Restaurant, Inc. (Dkt. No. 7.) The record includes an executed summons, showing that Defendant Lowcountry Creole Restaurant, Inc. was served on June 15, 2020. (Dkt. No. 5.) This Defendant has not filed a timely Answer or otherwise appeared in this action. Accordingly, the Court GRANTS IN PART Plaintiff's Motion for Entry of Default and directs the Clerk of Court to enter default against Defendant Lowcountry Creole Restaurant, Inc. See Fed. R. Civ. P. 55(a). However, the record does not include an executed summons for Defendant Low Country Creole, LLC, and the Court finds no basis to enter default against this Defendant at this time. Service on Defendant Low Country Creole, LLC was due by August 31, 2020. Based on the foregoing, if no proof of service is filed for Defendant Low Country Creole, LLC by September 25, 2020, the undersigned will recommend this Defendant be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/21/20.(akob, ) |
| Filing 7 MOTION for Entry of Default by Dennis L. Brown. Response to Motion due by 10/5/2020. 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. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Mary Gordon Baker.(Bojarski, Christopher) |
| Filing 6 TEXT ORDER. Summonses in this action were issued on June 2, 2020, and service was due by August 31, 2020. On August 11, 2020, Plaintiff filed an executed summons on Defendant Lowcountry Creole Restaurant, Inc, showing that this Defendant was served on June 15, 2020. (Dkt. No. 5.) Defendant Lowcountry Creole Restaurant, Inc. has not yet filed an Answer, and Plaintiff has not filed proof of service on the remaining Defendant, Low Country Creole, LLC. Based on the foregoing, if no proof of service is filed for Defendant Lowcountry Creole Restaurant, Inc. by September 21, 2020, the undersigned will recommend this Defendant be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Further, unless by September 21, 2020, either an Answer or other responsive pleading is filed by the Defendant Lowcountry Creole Restaurant, Inc. or a Rule 55 default is entered by the Plaintiff against this Defendant, a recommendation for dismissal of Lowcountry Creole Restaurant, Inc. for failure to prosecute pursuant to Rule 41, Fed. R. Civ. P. will be entered. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 9/10/20. (akob, ) |
| Filing 5 SUMMONS Returned Executed by Dennis L. Brown. Lowcountry Creole Restaurant, Inc. served on 6/15/2020, answer due 7/6/2020. (Bojarski, Christopher) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by Dennis L. Brown.(hada, ) |
| Filing 3 Summons Issued as to Low Country Creole, LLC, Lowcountry Creole Restaurant, Inc.. Service due by 8/31/2020 (hada, ) |
| Filing 1 COMPLAINT against Low Country Creole, LLC, Lowcountry Creole Restaurant, Inc. ( Filing fee $ 400 receipt number 0420-9130741.), filed by Dennis L. Brown. Service due by 8/31/2020(hada, ) |
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