Tinsley et al v. Lennar Carolinas LLC
Plaintiff: Karen Tinsley, Terry Headley and Wayne Scarsella
Defendant: Lennar Carolinas LLC, Lennar Carolinas, Coastal Carolinas Division of Lennar and Lennar Corporation
Case Number: 2:2022cv00432
Filed: February 11, 2022
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 11, 2022 Filing 11 MOTION for Reconsideration re #9 Order on Motion to Compel, by Terry Headley, Wayne Scarsella, Karen Tinsley. Response to Motion due by 4/25/2022. 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)No proposed order.(Lucey, Justin)
March 30, 2022 Opinion or Order Filing 9 ORDER The Court DENIES AS MOOT Defendant's motion to stay and compel arbitration of the non-common element defect claims. (Dkt. No. #5 .) Instead, the Court DISMISSES WITHOUT PREJUDICE with leave to refile all claims for lack of derivative action subject matter jurisdiction. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/30/2022.(sshe, )
March 18, 2022 Filing 8 REPLY to Response to Motion re #4 MOTION to Compel Arbitration and to Stay the Case Response filed by Lennar Carolinas LLC. (Attachments: #1 Exhibit A: Chart Comparing the Allegations in the Plaintiffs Complaint with the related State Court Action, #2 Exhibit B: Summons and Complaint State Court Action 2021-CP-1004156)(Werner, James)
March 11, 2022 Filing 7 TEXT ORDER granting #6 Consent Motion for Extension of Time until March 18, 2022 to File Reply to #5 Response in Opposition to Motion. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/11/22.(ltap, )
March 10, 2022 Filing 6 Consent MOTION for Extension of Time to File Response/Reply as to #5 Response in Opposition to Motion,, by Lennar Carolinas LLC. Response to Motion due by 3/24/2022. 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 Granting Extension of Time for Defendant Lennar to Reply)Proposed order is being emailed to chambers with copy to opposing counsel.(Dawson, Katon)
March 4, 2022 Filing 5 RESPONSE in Opposition re #4 MOTION to Compel Arbitration and to Stay the Case Response filed by Terry Headley, Wayne Scarsella, Karen Tinsley.Reply to Response to Motion due by 3/11/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Lucey, Justin) (Additional attachment(s) added on 3/7/2022: #12 Exhibit List (with descriptions)) (sshe, ). Modified on 3/7/2022 to add List with descriptions to exhibits(sshe, ).
February 18, 2022 Filing 4 MOTION to Compel Arbitration and to Stay the Case by Lennar Carolinas LLC. Response to Motion due by 3/4/2022. 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 Memorandum of Law in Support of Motion to Compel Arbitration and to Stay the Case, #2 Exhibit Exhibit A: Affidavit of Joe Johnston, #3 Exhibit Exhibit B: Purchase Price and Payment Addendum, #4 Exhibit Exhibit C: Purchase Price and Payment Addendum, #5 Exhibit Exhibit D: Purchase Price and Payment Addendum, #6 Exhibit Exhibit E: Master Deed)No proposed order.(Werner, James)
February 11, 2022 Filing 2 Local Rule 26.01 Answers to Interrogatories by Lennar Carolinas LLC.(sshe, )
February 11, 2022 Filing 1 NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2021-CP-10-05803. (Filing fee $ 402 receipt number ASCDC-10332879), filed by Lennar Carolinas LLC. (Attachments: #1 Exhibit A: State Court file for 2021CP1005803, #2 Exhibit B: Notice of Process of Service for 2021 CP 1005803, #3 Exhibit C: Affidavit of Joe Johnston)(sshe, )

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Defendant: Lennar Carolinas LLC
Represented By: James Lynn Werner
Represented By: Katon Edwards Dawson, Jr
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Defendant: Lennar Carolinas
Represented By: James Lynn Werner
Represented By: Katon Edwards Dawson, Jr
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Defendant: Coastal Carolinas Division of Lennar
Represented By: James Lynn Werner
Represented By: Katon Edwards Dawson, Jr
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Defendant: Lennar Corporation
Represented By: James Lynn Werner
Represented By: Katon Edwards Dawson, Jr
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Plaintiff: Karen Tinsley
Represented By: Justin O'Toole Lucey
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Plaintiff: Terry Headley
Represented By: Justin O'Toole Lucey
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Plaintiff: Wayne Scarsella
Represented By: Justin O'Toole Lucey
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