Funderburk v. Town of Moncks Corner et al
| Marion Brett Funderburk |
| Town of Moncks Corner and Antwan Richardson |
| 2:2023cv05268 |
| October 20, 2023 |
| US District Court for the District of South Carolina |
| Mary Gordon Baker |
| Bruce Howe Hendricks |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Both |
Docket Report
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Filing 21
AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 1/22/2024, Plaintiffs ID of Expert Witness due by 1/22/2024, Defendants ID of Expert Witnesses Due by 2/21/2024, Records Custodian Affidavit due by 3/22/2024, Discovery due by 4/22/2024, Motions due by 6/21/2024, Mediation Due by 5/22/2024. Signed by Magistrate Judge Mary Gordon Baker on 12/1/2023. (agaz, )
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| Filing 20 Joint Local Rule 26.03 Answers to Interrogatories by Antwan Richardson, Town of Moncks Corner.(Butler, Drew) |
| Filing 19 Joint Rule 26(f) Report by Antwan Richardson, Town of Moncks Corner.(Butler, Drew) |
| Filing 18 REPLY to Response to Motion re #14 MOTION for Sanctions Reply to Defendant's Response in Opposition to Plaintiff's Amended Motion for Sanctions Response filed by Marion Brett Funderburk. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Stevens, Jason) |
| Filing 16 RESPONSE in Opposition re #14 MOTION for Sanctions Response filed by Antwan Richardson, Town of Moncks Corner.Reply to Response to Motion due by 11/29/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Response in Opposition to Plaintiff's Motion for Sanctions)(Butler, Drew) (Main Document 16 replaced on 11/27/2023) (dgar, ). |
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Filing 15
TEXT ORDER. On November 8, 2023, Plaintiff filed a Motion for Sanctions. (Dkt. No. 12.) On November 14, 2023, Plaintiff filed an Amended Motion for Sanctions. (Dkt. No. 14.) However, he inadvertently filed it as a Motion to Amend, and his initial Motion for Sanctions remains pending. Based on the underlying briefing, it is clear Plaintiff intends to rely on his Amended Motion for Sanctions in seeking sanctions against Defendants and defense counsel. Accordingly, the Court MOOTS the original Motion for Sanctions (Dkt. No. 12) and directs the Clerk of Court to re-file Dkt. No. 14 as Plaintiffs pending Amended Motions for Sanctions. Defendants response to this Motion (Dkt. No. 14) is due by November 28, 2023. IT IS SO ORDERED. Signed by Magistrate Judge Mary Gordon Baker on 11/15/2023.(cwhi, )
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| Filing 14 AMENDED MOTION for Sanctions by Marion Brett Funderburk. Response to Motion due by 11/28/2023. 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. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit)No proposed order.Motions referred to Mary Gordon Baker.(Stevens, Jason) Modified to correct event type on 11/15/2023 (cwhi, ). |
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Filing 13
ORDER granting (24) Motion to Consolidate Cases in case 2:23-cv-01857-BHH-MGB and granting (4) Motion to Consolidate Cases in case 2:23-cv-05268-BHH-MGB. The Court designates Case No. 2:23-cv-05268-BHH-MGB as the lead case. All future filings for Civil Action Numbers 2:23-cv-01857-BHH-MGB and 2:23-cv-05268-BHH-MGB shall be made in the lead case- 2:23-cv-05268-BHH-MGB. Additionally, the Scheduling Order in the lead case is controlling for both actions. Signed by Magistrate Judge Mary Gordon Baker on 11/14/23. Associated Cases: 2:23-cv-05268-BHH-MGB, 2:23-cv-01857-BHH-MGB(cper, )
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| Filing 12 MOTION for Sanctions by Marion Brett Funderburk. Response to Motion due by 11/27/2023. 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. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)No proposed order.Motions referred to Mary Gordon Baker.(Stevens, Jason) |
| Filing 11 DELETION OF DOCKET ENTRY NUMBER 9 Reason: Pursuant to Order 10 , entry struck from the record. (dgar) |
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Filing 10
TEXT ORDER. On October 23, 2023, Defendants filed a Motion to Consolidate Cases. (Dkt. No. 4.) Plaintiff's response was due yesterday. Instead of filing a response to that motion, Plaintiff filed a reply brief in support of a motion for sanctions. There is no motion for sanctions pending in the instant action. It appears Plaintiff filed a motion for sanctions in state court pursuant to the South Carolina Rules of Civil Procedure, before the case was removed to federal court. To the extent Plaintiff wishes to pursue sanctions against Defendants in this action, he must file such a motion in this court. In addition to briefing a motion not currently before the Court, Plaintiffs filing is confusing because he has docketed it as a reply to the pending Motion to Consolidate. As explained, however, Plaintiff's filing is entirely unrelated to the instant Motion to Consolidate. For these reasons, the Court directs the Clerk of Court to strike Dkt. No. 9 from the record. See Ayres v. Ocwen Loan Servicing, LLC, No. 8:13-cv-001597-AW, 2013 WL 4784190, at *3 (D. Md. Sept. 5, 2013) (discussing federal courts inherent power to strike frivolous motions). To the extent Plaintiff wishes to pursue sanctions against Defendants in this court, he must file a motion on the docket. Additionally, Plaintiff has not filed any opposition to the pending Motion to Consolidate. Accordingly, the Court considers the Motion to Consolidate to be unopposed. IT IS SO ORDERED. Signed by Magistrate Judge Mary Gordon Baker on 11/7/2023. (dgar)
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| Filing 8 Local Rule 26.01 Answers to Interrogatories by Marion Brett Funderburk.(Stevens, Jason) |
| Filing 7 NOTICE of Appearance by Jason S Stevens on behalf of Marion Brett Funderburk (Stevens, Jason) |
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Filing 6
SCHEDULING ORDER: Rule 26(f) Conference Deadline 11/16/2023, 26(a) Initial Disclosures due by 11/30/2023, Rule 26 Report due by 11/30/2023, Motions to Amend Pleadings due by 12/21/2023, Plaintiffs ID of Expert Witness due by 1/22/2024, Defendants ID of Expert Witnesses Due by 2/21/2024, Records Custodian Affidavit due by 2/21/2024, Discovery due by 4/22/2024, Motions due by 6/21/2024, Mediation Due by 5/22/2024. Signed by Magistrate Judge Mary Gordon Baker on 10/26/2023. (dgar)
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| Filing 5 ANSWER to Complaint by Antwan Richardson, Town of Moncks Corner.(Butler, Drew) |
| Filing 4 MOTION to Consolidate Cases by Antwan Richardson, Town of Moncks Corner. Response to Motion due by 11/6/2023. 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. No proposed order.Motions referred to Mary Gordon Baker.(Butler, Drew) |
| Filing 1 NOTICE OF REMOVAL from Clerk of Court of Common Pleas for Charleston County, South Carolina, case number 2021-CP-10-00496. (Filing fee $ 402 receipt number ASCDC-11385553), filed by Town of Moncks Corner, Antwan Richardson. (Attachments: #1 State Court Documents)(dgar) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Antwan Richardson, Town of Moncks Corner.(dgar) |
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