Utt v. Kowa Pharmaceuticals America Inc et al
| Colby Utt |
| Kowa Pharmaceuticals America Inc and Benjamin Lavender |
| 2:2022cv03199 |
| September 20, 2022 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Kaymani D West |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Sex) |
| Plaintiff |
Docket Report
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| Filing 40 Notice of Serivce ofWitnesses AFFIDAVIT of Records Custodian Notice of Serivce ofWitnesses by Kowa Pharmaceuticals America Inc, Benjamin Lavender. (Attachments: #1 Exhibit Affidavit of Custodian of Records for Main Street Physicians, #2 Exhibit Affidavit of Custodian of Records for Realty ONE Group Dockside, #3 Exhibit Affidavit of Custodian of Records for United of Omaha Life Insurance Company, #4 Exhibit Affidavit of Custodian of Records for MOFDAPS)(Robertson, George) |
| Filing 38 REPLY by Benjamin Lavender to #37 Objection to Report and Recommendation . (Robertson, George) |
| Filing 37 OBJECTION to #36 Report and Recommendation by Colby Utt. Reply to Objections due by 3/21/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Porter, James) |
| Filing 36 REPORT AND RECOMMENDATION: The undersigned recommends that Lavender's Motion to Dismiss, ECF No. #5 , be granted. If this recommendation is accepted, the case will proceed against Kowa only. Objections to R&R due by 3/7/2023. 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. Signed by Magistrate Judge Kaymani D West on 2/21/2023. (Attachments: #1 Notice of Right to File Objections)(prou, ) |
Filing 33
AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 12/19/2022, Defendants ID of Expert Witnesses Due by 2/17/2023, Records Custodian Affidavit due by 4/3/2023, Discovery due by 5/4/2023, Motions due by 6/5/2023, Mediation Due by 5/4/2023. This case is subject to being called for jury selection and/or trial the later of 60 days after dispositive motions have been resolved or September 1, 2023. Signed by Magistrate Judge Kaymani D West on 12/6/2022. (prou, )
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Filing 32
TEXT ORDER granting #31 Motion to Amend/Correct. Signed by Magistrate Judge Kaymani D West on 12/6/2022.(prou, )
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| Filing 31 Consent MOTION to Amend/Correct #7 Conference and Scheduling Order by Kowa Pharmaceuticals America Inc, Benjamin Lavender. Response to Motion due by 12/19/2022. 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 Proposed Amended Conference and Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Kaymani D West.(Robertson, George) Modified on 12/6/2022 to correct motion relief and to link to the appropriate document (prou, ). |
| Filing 28 AMENDED ANSWER to #1 Notice of Removal, by Kowa Pharmaceuticals America Inc. (prou, ) |
| Filing 27 SUR REPLY to REPLY to Response to Motion re #5 MOTION to Dismiss Plaintiff's Complaint. Response filed by Colby Utt. (prou, ) (Additional attachment(s) added on 2/8/2023: #1 Declaration of Colby Utt) (prou, ). |
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Filing 26
TEXT ORDER: On October 19, 2022, Plaintiff filed a Motion for Leave to File a one-page Sur Reply. ECF No. #15 . Under Local Rule 7.07, a reply to a motion is allowed, although discouraged. The Local Rules, however, do not provide for Sur-Replies. A party may seek permission from the court to file an additional response or "sur-reply." Perez v. S.C. Dep't of Labor, Licensing and Regulation, No. 3:17-CV-3187-JFA, 2018 WL 2455093, at *4 n.10 (D.S.C. June 1, 2018). Here, Plaintiff has sought permission to file a sur-reply. On October 25, 2022, Defendant Lavender filed a response opposing Plaintiff's request. ECF No. #19 . Upon review of the briefs before the court, the court, in its discretion, will grant Plaintiff's request for leave to file the sur-reply. ECF No. #15 . The Clerk of Court is hereby directed to file Plaintiff's Sur Reply, attached as Exhibit 1 to Plaintiff's Motion, on the docket. On November 3, 2022, Kowa Pharmaceuticals, Inc. ("Kowa") filed a Consent Motion for Leave to Amend Answer. ECF No. #25 . Under Federal Rule of Civil Procedure 15(a)(2), once a party's right to amend a pleading as a matter of course has expired, a party may amend its pleadings only with the opposing party's written consent or the court's leave. Fed. R. Civ. P. 15(a)(2). Rule 15 further provides that court should "freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). According to Kowa, after Defendant Benjamin Lavender filed a Motion to Dismiss in this case, Plaintiff filed a Response. Based on after-acquired evidence provided in that response, Kowa, with the consent of Plaintiff, now seeks to amend its answer. Plaintiff consents to the amendment of the Answer. ECF No. #25 . Upon review of Kowa's Consent Motion for Leave to Amend Answer, and the Memorandum in support thereof, the court hereby grants leave for Kowa to file an amended answer in this case. ECF No. #25 . The Clerk of Court is hereby directed to file the Amended Answer, attached as Exhibit A to Kowa's Motion, on the docket. Signed by Magistrate Judge Kaymani D West on 11/4/2022.(prou, )
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| Filing 25 Consent MOTION for Leave to File Amended Answer to Plaintiff's Complaint by Kowa Pharmaceuticals America Inc. Response to Motion due by 11/17/2022. 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 A - Defendant's Amended Answer to Plaintiff's Complaint, #2 Memo in Support, #3 Proposed Order) Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Kaymani D West.(Robertson, George) Modified on 11/4/2022 to add description to exhibit (prou, ). |
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Filing 23
CONFIDENTIALITY ORDER Signed by Magistrate Judge Kaymani D West on 10/28/2022. (prou, )
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Filing 22
TEXT ORDER granting #20 Motion for Confidentiality Order. Signed by Magistrate Judge Kaymani D West on 10/28/2022.(prou, )
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| Filing 21 Plaintiff's Local Rule 26.03 Answers to Interrogatories by Colby Utt.(Bowen, Elizabeth) |
| Filing 20 MOTION for Confidentiality Order by Kowa Pharmaceuticals America Inc, Benjamin Lavender. Response to Motion due by 11/10/2022. 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 Proposed Confidentiality Order, #2 Supporting Documents Certification by Counsel of Designation of Information as Confidential, #3 Supporting Documents Acknowledgement of Understanding and Agreement to be Bound)No proposed order.Motions referred to Kaymani D West.(Robertson, George) |
| Filing 19 RESPONSE in Opposition re #15 MOTION for Leave to File Surreply Response filed by Benjamin Lavender.Reply to Response to Motion due by 11/1/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Robertson, George) |
| Filing 18 Local Rule 26.03 Answers to Interrogatories by Kowa Pharmaceuticals America Inc, Benjamin Lavender (Robertson, George). Modified on 10/25/2022 to correct event type.(prou, ) |
| Filing 17 Rule 26(f) Report by Colby Utt.(Bowen, Elizabeth) |
| Filing 16 Joint Rule 26 Outline of Discovery Plan by Colby Utt.(Bowen, Elizabeth) |
| Filing 15 MOTION for Leave to File Surreply by Colby Utt. Response to Motion due by 11/2/2022. 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 Surreply to Defendant Lavender's Reply, #2 Exhibit Declaration of Colby Utt)No proposed order.Motions referred to Kaymani D West.(Bowen, Elizabeth) |
| Filing 13 REPLY to Response to Motion re #5 MOTION to Dismiss Plaintiff's Complaint Response filed by Benjamin Lavender. (Attachments: #1 Exhibit Declaration of Deborah Huxford)(Robertson, George) |
| Filing 12 RESPONSE in Opposition re #5 MOTION to Dismiss Plaintiff's Complaint Response filed by Colby Utt.Reply to Response to Motion due by 10/12/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Porter, James) |
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Filing 11
TEXT ORDER: The Motion of Todd D. Wozniak to appear pro hac vice on behalf of Defendants, ECF No. #10 , is granted. Signed by Magistrate Judge Kaymani D West on 10/3/2022.(prou, )
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| Filing 10 MOTION to Appear Pro Hac Vice by Todd D. Wozniak ( Filing fee $ 350 receipt number ASCDC-10728301) by Kowa Pharmaceuticals America Inc, Benjamin Lavender. Response to Motion due by 10/14/2022. 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 Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents, #3 Proposed Order)No proposed order.Motions referred to Kaymani D West.(Robertson, George). Modified on 10/3/2022 to correct the order of the documents (prou, ). |
| Filing 9 Plaintiff's Local Rule 26.01 Answers to Interrogatories by Colby Utt.(Bowen, Elizabeth) |
| Filing 8 MEDIATION ORDER: Mediation Due by 3/20/2023. Signed by Honorable Bruce Howe Hendricks on 9/22/2022. (prou, ) |
| Filing 7 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 10/13/2022, 26(a) Initial Disclosures due by 10/27/2022, Rule 26 Report due by 10/27/2022, Motions to Amend Pleadings due by 11/17/2022, Plaintiffs ID of Expert Witness due by 12/19/2022, Defendants ID of Expert Witnesses Due by 1/18/2023, Records Custodian Affidavit due by 1/18/2023, Discovery due by 3/20/2023, Motions due by 4/19/2023, Mediation Due by 3/20/2023. This case is subject to being called for jury selection and/or trial the later of 60 days after dispositive motions have been resolved or July 18, 2023. Signed by Honorable Bruce Howe Hendricks on 9/22/2022. (prou, ) |
| Filing 6 ANSWER to Complaint (Notice of Removal) by Kowa Pharmaceuticals America Inc. (Robertson, George); Modified on 9/22/2022 to correct event type. (prou, ) |
| Filing 5 MOTION to Dismiss Plaintiff's Complaint by Benjamin Lavender. Response to Motion due by 10/5/2022. 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)No proposed order.Motions referred to Kaymani D West.(Robertson, George) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Kowa Pharmaceuticals America Inc, Benjamin Lavender.(prou, ) |
| Filing 1 NOTICE OF REMOVAL from Georgetown County Common Pleas, case number 2022-CP-22-00722. (Filing fee $ 402 receipt number ASCDC-10708181), filed by Kowa Pharmaceuticals America Inc, Benjamin Lavender. (Attachments: #1 Exhibit A - State Court Pleadings)(prou, ) |
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