Seabrook v. City of North Charleston et al
| David Seabrook |
| Charleston County EMS, John Doe, Robert Kruger, William Taylor, April Gadsden, City of North Charleston, D. Green and Scott Thomes |
| 2:2020cv03093 |
| August 27, 2020 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| Richard M Gergel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
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| Filing 15 TEXT ORDER On September 4, 2020, Defendants filed a motion to stay discovery pending the resolution of the pending motion to dismiss in this matter. (Dkt. No. 5.) Generally, motions to stay discovery are disfavored, as they clash with the Courts responsibility to quickly and efficiently manage the discovery process. Simpson v. Specialty Retail Concepts, Inc., 121 F.R.D. 261, 263 (M.D. N.C. 1988). Factors favoring issuance of a stay include the potential for the dispositive motion to terminate all the claims in the case or all the claims against particular defendants, strong support for the dispositive motion on the merits, and irrelevancy of the discovery at issue to the dispositive motion. Drapkin v. Mjalli, No. 1:19CV175, 2019 WL 9662885, at *1 (M.D.N.C. Aug. 26, 2019)(quoting Yongo v. Nationwide Affinity Ins. Co. of Am., No. 5:07-CV-94-D, 2008 WL 516744, at *2 (E.D.N.C. Feb. 25, 2008)). Courts typically take a preliminary peek at the merits of the allegedly dispositive motion to see if on its face there appears to be an immediate and clear possibility that it will be granted. GTE Wireless, Inc. v. Qualcomm, Inc., 192 F.R.D. 284, 289 (S.D. Cal. 2000). The motion to dismiss does not present an immediate and clear possibility that the Court will grant it. The Court accordingly denies the motion to stay discovery. Entered at the direction of Magistrate Judge Mary Gordon Baker on 10/14/2020. (hada, ) |
| Filing 14 TEXT ORDER re #13 Notice of Request for Protection from Court Appearance. The undersigned grants protection to Attorney Daniel C. Boles for the following time period: October 16, 2020 through October 21, 2020. This Order does not afford protection from any appearance required before the District Court Judge assigned to this case, although he may separately grant such protection. AND IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 10/8/20. (hada, ) |
| Filing 13 NOTICE of Request for Protection from Court Appearance by Daniel C Boles for October 16-21, 2020 (Boles, Daniel) |
| Filing 12 REPLY to Response to Motion re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Charleston County EMS, City of North Charleston, April Gadsden, D. Green, Robert Kruger, William Taylor, Scott Thomes. (Dorsel, Christopher) |
| Filing 11 RESPONSE in Opposition re #5 MOTION to Stay Discovery Response filed by David Seabrook.Reply to Response to Motion due by 10/6/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Boles, Daniel) |
| Filing 10 RESPONSE in Opposition re #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by David Seabrook.Reply to 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. (Attachments: #1 Exhibit Status Change Form, #2 Exhibit EMS Motion to Dismiss, #3 Exhibit City's Motion to Dismiss, #4 Exhibit Order Denying Motions, #5 Exhibit Video Link, #6 Exhibit Rule 5 Response)(Boles, Daniel) |
| Filing 9 TEXT ORDER granting #8 Motion for Extension of Time to Respond to Defendants' #5 Motion to Stay Discovery. The Court extends Plaintiff's time to respond to September 29, 2020. Entered at the direction of Magistrate Judge Mary Gordon Baker on 09/21/2020.(msaw, ) |
| Filing 8 MOTION for Extension of Time by David Seabrook. Response to Motion due by 10/2/2020. 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.Motions referred to Mary Gordon Baker.(Boles, Daniel) |
| Filing 7 TEXT ORDER granting #6 Motion for Extension of Time to Respond to defendants' #4 Motion to Dismiss for Failure to State a Claim. The Court extends Plaintiff's time to respond to September 28, 2020. Please note that this text order does not extend the response deadline to the pending #5 Motion to Stay Discovery. The response deadline for that particular motion remains 9/18/2020. Entered at the direction of Magistrate Judge Mary Gordon Baker on 09/18/2020.(hada, ) |
| Filing 6 MOTION for Extension of Time by David Seabrook. Response to Motion due by 10/1/2020. 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.Motions referred to Mary Gordon Baker.(Boles, Daniel) |
| Filing 5 MOTION to Stay Discovery by Charleston County EMS, City of North Charleston, April Gadsden, D. Green, Robert Kruger, William Taylor, Scott Thomes. Response to Motion due by 9/18/2020. 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.Motions referred to Mary Gordon Baker.(Dorsel, Christopher) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Charleston County EMS, City of North Charleston, April Gadsden, D. Green, Robert Kruger, William Taylor, Scott Thomes. Response to Motion due by 9/17/2020. 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 Exhibit A, #2 Exhibit B - Certified Convictions, #3 Exhibit C - SLED Certified Criminal Record Check)No proposed order.Motions referred to Mary Gordon Baker.(Dorsel, Christopher) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Charleston County EMS, City of North Charleston, April Gadsden, D. Green, Robert Kruger, William Taylor, Scott Thomes.(hada, ) |
| Filing 1 NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2019CP1003484. (Filing fee $ 400 receipt number 0420-9306129), filed by Charleston County EMS, William Taylor, April Gadsden, City of North Charleston, Robert Kruger, Scott Thomes, D. Green. (Attachments: #1 State Court Documents, #2 State Court Documents, #3 Certificate of Service)(hada, ) |
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