Pelton v. Lowe's Home Centers, LLC
| Willis Pelton |
| Lowe's Home Centers LLC doing business as Lowe's |
| 2:2021cv02743 |
| August 31, 2021 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| Bruce Howe Hendricks |
| Civil Rights: Jobs |
| 29 U.S.C. § 621 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 7, 2021. A more recent docket listing may be available from PACER.
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Filing 49
AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 10/28/2021, Plaintiffs ID of Expert Witness due by 11/29/2021, Defendants ID of Expert Witnesses Due by 12/29/2021, Records Custodian Affidavit due by 12/29/2021, Discovery due by 4/29/2022, Motions due by 6/28/2022, Mediation Due by 5/30/2022, This case is subject to being called for jury selection and trial thirty (30) days following the issuance of a Report and Recommendation on any motion described in paragraph 9 of this Order, unless otherwise ordered by the Court. Signed by Magistrate Judge Jacquelyn D. Austin on 10/7/2021. (sgri)
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| Filing 48 Local Rule 26.03 Answers to Interrogatories by Willis Pelton.(Porter, James) |
| Filing 47 Joint Rule 26 Outline of Discovery Plan by Lowe's Home Centers LLC.(Kelley, Ashley) |
| Filing 46 Joint Rule 26(f) Report by Lowe's Home Centers LLC.(Kelley, Ashley) |
| Filing 45 Local Rule 26.03 Answers to Interrogatories by Lowe's Home Centers LLC.(Kelley, Ashley) |
| Filing 44 Local Rule 26.01 Answers to Interrogatories by Willis Pelton.(Porter, James) |
| Filing 42 ANSWER to #1 Complaint, by Lowe's Home Centers LLC.(Kelley, Ashley) |
| Filing 40 NOTICE of Appearance by James Paul Porter on behalf of Willis Pelton (Porter, James) |
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Filing 38
TEXT ORDER granting #36 Consent motion for extension of time to file Answer. Defendant's answer is due on or before September 14, 2021. Signed by Magistrate Judge Jacquelyn D. Austin on 9/7/2021. (sgri)
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| Filing 37 Local Rule 26.01 Answers to Interrogatories by Lowe's Home Centers LLC.(Kelley, Ashley) |
| Filing 36 Consent MOTION for Extension of Time to Respond to Complaint by Lowe's Home Centers LLC. Response to Motion due by 9/17/2021. 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.(Kelley, Ashley) |
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Filing 35
SCHEDULING ORDER Rule 26(f) Conference Deadline 9/23/2021, 26(a) Initial Disclosures due by 10/7/2021, Rule 26 Report due by 10/7/2021, Motions to Amend Pleadings due by 10/28/2021, Plaintiffs ID of Expert Witness due by 11/29/2021, Defendants ID of Expert Witnesses Due by 12/29/2021, Records Custodian Affidavit due by 12/29/2021, Discovery due by 2/28/2022, Motions due by 4/29/2022, Mediation Due by 3/30/2021. 11.This case is subject to being called for jury selection and trial thirty (30) days following the issuance of a Report and Recommendation on any motion described in 9 of this Order, unless otherwise ordered by the Court. Signed by Magistrate Judge Jacquelyn D Austin on 9/2/2021. (kric, ) (Main Document 35 replaced on 9/2/2021) (kric, ).
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| Filing 34 ***DOCUMENT MAILED #33 Notice of Transfer placed in U.S. Mail from Greenville Clerks Office to Cameron G. Kynes McGuireWoods, LLP Suite 3300 50 N Laura St Jacksonville, FL 32202 & Michael George Green, II Salas Law Firm, P.A. 2601 E. Oakland Boulevard Suite 406 Fort Lauderdale, FL 33308 (sgri) |
| Filing 33 NOTICE OF TRANSFER (sgri) |
| Filing 32 Case transferred in from District of Florida Middle; Case Number 2:20-cv-00967. Original file certified copy of transfer order and docket sheet received. |
| Filing 31 CASE ELECTONICALLY TRANSFERRED to the District of South Carolina. (SMG) [Transferred from Florida Middle on 8/31/2021.] |
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Filing 30
ORDER granting in part #8 Motion to Dismiss for Lack of Jurisdiction. The Clerk is DIRECTED to transfer this matter to the U.S. District Court for the District of South Carolina and close this Middle District of Florida case. Signed by Judge John L. Badalamenti on 8/24/2021. (JGG) [Transferred from Florida Middle on 8/31/2021.]
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| Filing 29 NOTICE of change of address by Michael George Green, II (Green, Michael) [Transferred from Florida Middle on 8/31/2021.] |
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Filing 27
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/16/2021; Joinder of Parties due by 6/16/2022 Discovery due by 3/30/2022; Dispositive motions due by 6/6/2022; Pretrial statement due by 10/14/2022; All other motions due by 10/7/2022; Plaintiff disclosure of expert report due by 12/30/2021; Defendant disclosure of expert report due by 2/2/2022; Final Pretrial Conference set for 10/28/2022. Monthly trial term set for 11/2/2022. Signed by Magistrate Judge Mac R. McCoy on 4/14/2021. (jmc) [Transferred from Florida Middle on 8/31/2021.]
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| Filing 26 Minute Entry. Telephonic Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 4/14/2021. (Digital) (jmc) [Transferred from Florida Middle on 8/31/2021.] |
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Filing 25
ORAL ORDER granting in part and denying in part #21 the parties' joint motion to stay the initial discovery and litigation deadlines as outlined in the Case Management Report pending a ruling on Defendant's Motion to Dismiss. As the Undersigned stated during the 4/14/2021 Preliminary Pretrial Conference, the motion is granted insofar as the Court will set extended deadlines for a date certain in the Case Management and Scheduling Order for the parties to exchange initial disclosures and to file motions to add parties or to amend pleadings. The extended deadline will take into account a reasonable time for the presiding United States District Judge to rule on the pending Motion to Dismiss (Doc. #8 ), which is fully briefed. The motion is denied without prejudice to the extent it seeks any greater or different relief. If necessary, the parties may file a second motion to extend these deadlines further if the Motion to Dismiss is not fully resolved before the deadlines expire. Signed by Magistrate Judge Mac R. McCoy on 4/14/2021. (McCoy, Mac) [Transferred from Florida Middle on 8/31/2021.]
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| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re #6 Civil Action Order by Willis Pelton. (Green, Michael) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 23 NOTICE of a related action per Local Rule 1.07(c) by Willis Pelton. Related case(s): Yes (Green, Michael) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 22 NOTICE of a related action per Local Rule 1.07(c) by Lowe's Home Centers, LLC. Related case(s): No (Kynes, Cameron) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 21 CASE MANAGEMENT REPORT/Motion to Stay Discovery. (Kynes, Cameron) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #6 Civil Action Order by Lowe's Home Centers, LLC identifying Corporate Parent Lowe's Companies, Inc. for Lowe's Home Centers, LLC.. (Kynes, Cameron) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 19 REPLY to Response to Motion re #8 MOTION to Dismiss for Lack of Jurisdiction "Corrected" filed by Lowe's Home Centers, LLC. (Kynes, Cameron) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 18 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial hearing previously scheduled for 4/13/2021 at 10:00 AM is rescheduled. New scheduling date and time: Telephonic Preliminary Pretrial Conference set for 4/14/2021 at 10:00 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 3/31/2021. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held(jmc) [Transferred from Florida Middle on 8/31/2021.] |
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Filing 17
TEXT ORDER granting #16 Defendant's Motion for Leave to File a Reply. On or before 3/29/2021, Defendant may file a reply not to exceed seven pages, excluding the case caption and signature page. Signed by Judge John L. Badalamenti on 3/18/2021. (NM) [Transferred from Florida Middle on 8/31/2021.]
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| Filing 16 Unopposed MOTION for Leave to File Other Document :a Reply to Plaintiff's Response in Opposition to Defendant's Motion to Dismiss by Lowe's Home Centers, LLC. (Kynes, Cameron) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 15 RESPONSE in Opposition re #8 MOTION to Dismiss for Lack of Jurisdiction "Corrected" filed by Willis Pelton. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Green, Michael) [Transferred from Florida Middle on 8/31/2021.] |
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Filing 14
TEXT ORDER denying without prejudice #7 Defendant Lowe's Home Centers, LLC's Motion to Dismiss as moot in light of Defendant's Corrected Motion to Dismiss (Doc. 8). Signed by Judge John L. Badalamenti on 3/8/2021. (NM) [Transferred from Florida Middle on 8/31/2021.]
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Filing 13
ENDORSED ORDER granting #12 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Corrected Motion to Dismiss Plaintiff's Complaint. Plaintiff must respond to Defendant's motion to dismiss (Doc. #8 ) no later than 3/12/2021. Signed by Magistrate Judge Mac R. McCoy on 3/5/2021. (WJF) [Transferred from Florida Middle on 8/31/2021.]
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| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 MOTION to Dismiss for Lack of Jurisdiction "Corrected" by Willis Pelton. (Green, Michael) Motions referred to Magistrate Judge Mac R. McCoy. [Transferred from Florida Middle on 8/31/2021.] |
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Filing 11
ORDER GOVERNING TELEPHONIC PROCEEDINGS. Signed by Magistrate Judge Mac R. McCoy on 2/18/2021. (jmc) [Transferred from Florida Middle on 8/31/2021.]
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Filing 10
ORDER GOVERNING PRELIMINARY PRETRIAL CONFERENCE. Signed by Magistrate Judge Mac R. McCoy on 2/18/2021. (jmc) [Transferred from Florida Middle on 8/31/2021.]
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| Filing 9 NOTICE of hearing: Telephonic Preliminary Pretrial Conference set for 4/13/2021 at 10:00 AM before Magistrate Judge Mac R. McCoy. DIAL IN INSTRUCTIONS: TOLL FREE NUMBER: 1-888-273-3658, ACCESS CODE: 8335587. Dial in at least 5 minutes before hearing time. Landline preferred. Do not use the speaker phone feature during the call. Notwithstanding any prior Order of the Court, the parties must jointly file a Case Management Report on the approved form no later than 3/31/2021. To the extent Fed. R. Civ. P. 16(b)(2) so requires, the Court finds good cause to extend the time period for entering the Case Management and Scheduling Order until after the Case Management Report is filed and the Preliminary Pretrial Conference is held.(jmc) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 8 MOTION to Dismiss for Lack of Jurisdiction "Corrected" by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit Declaration of Grace Ridley)(Kynes, Cameron) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction and Incorporated Memorandum of Law by Lowe's Home Centers, LLC. (Attachments: #1 Exhibit Declaration of John Dalton)(Kynes, Cameron) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 6 CIVIL Action Order Signed by All Divisional Judges on 2/3/2021. (SMG) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 5 WAIVER of service returned executed on 12/16/2020 by Willis Pelton as to Lowe's Home Centers, LLC. (Green, Michael) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 4 TRACK TWO NOTICE AND CORPORATE DISCLOSURE ORDER Signed by All Divisional Judges on 12/16/2020. (WRW) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 3 SUMMONS issued as to Lowe's Home Centers, LLC. (MLS) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 2 NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Mac R. McCoy. New case number: 2:20-cv-967-FtM-66MRM. (SJB) [Transferred from Florida Middle on 8/31/2021.] |
| Filing 1 COMPLAINT against Lowe's Home Centers, LLC with Jury Demand (Filing fee $ 402 receipt number 113A-17640594) filed by Willis Pelton. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Proposed Summons)(Green, Michael) [Transferred from Florida Middle on 8/31/2021.] |
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