McCray v. United Parcel Service, Inc. et al
| Sarah L McCray and Sarah L. McCray |
| United Parcel Service Inc, John Doe, United Parcel Service, Inc. and Antuan Parker |
| 3:2018cv00062 |
| January 8, 2018 |
| US District Court for the District of South Carolina |
| Columbia Office |
| Sumter |
| Donald C Coggins |
| Cameron McGowan Currie |
| Margaret B Seymour |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 48 ***DOCUMENT E-MAILED 47 Order on Motion to Remand to State Court,,,, to Sumter County Clerk of Court, ***DOCUMENT MAILED 47 Order on Motion to Remand to State Court,,,, placed in U.S. Mail to Sumter County Clerk of Court (cbru, ) |
| Filing 47 TEXT ORDER: Plaintiff filed this case in South Carolina Circuit Court, and it was removed to this court by Defendant United Parcel Service ("UPS"). ECF No. #1 . When the Complaint was filed, the individual Defendant was a "Doe" Defendant: an unnamed UPS employee. The employee has now been identified as Antuan Parker, and Plaintiff amended her Complaint to substitute Mr. Parker as Defendant for John Doe. ECF No. #37 . However, Mr. Parker is a citizen of South Carolina, as is Plaintiff; therefore, complete diversity does not exist. Plaintiff filed a motion to remand (ECF No. #45 ), and Defendants have filed a response noting they do not object to remand (ECF No. #46 ). As this court does not have subject matter jurisdiction over this case, it is remanded to South Carolina Circuit Court, Sumter County, from which it was removed. Signed by Honorable Cameron McGowan Currie on 4/10/2019. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. (cbru, ) |
| Filing 46 RESPONSE to Motion re #45 MOTION to Remand to State Court Response filed by Antuan Parker, United Parcel Service, Inc..Reply to Response to Motion due by 4/16/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Thames, G) |
| Filing 45 MOTION to Remand to State Court by Sarah L. McCray. Response to Motion due by 4/9/2019. 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 of Plaintiff's Motion for Remand)Proposed order is being emailed to chambers with copy to opposing counsel.(Clark, John) |
| Filing 44 Local Rule 26.01 Answers to Interrogatories by Antuan Parker.(Thames, G) |
| Filing 42 CLERK'S NOTICE: Defendant Antuan Parker is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed at the time a party first appears. Please file these answers to interrogatories no later than April 3, 2019. (cbru, ) |
| Filing 41 ACCEPTANCE OF SERVICE OF COMPLAINT by Antuan Parker, United Parcel Service, Inc.. Antuan Parker served on 3/19/2019, answer due 4/9/2019; United Parcel Service, Inc. served on 3/19/2019, answer due 4/9/2019. (Thames, G) |
| Filing 40 Summons Issued as to Antuan Parker. (cbru, ) |
| Filing 39 ANSWER to #37 Amended Complaint by Antuan Parker, United Parcel Service, Inc. (Attachments: #1 Certificate of Service)(Thames, G) Modified to edit text on 3/19/2019 (cbru, ). |
| Filing 37 AMENDED COMPLAINT against United Parcel Service Inc., Antuan Parker filed by Sarah L. McCray. Service due by 6/17/2019 (Clark, John) Modified to edit text on 3/19/2019 (cbru, ). (Main Document 37 replaced to correct scrivener's error in caption on 3/19/2019) (cbru, ). |
| Filing 36 TEXT ORDER granting #33 MOTION to Amend/Correct. (Amended Complaint due by 3/22/2019) Signed by Honorable Cameron McGowan Currie on 3/18/2019. (cbru, ) |
| Filing 35 ADR STATEMENT/CERTIFICATION by United Parcel Service, Inc.(Thames, G) |
| Filing 34 ADR STATEMENT/CERTIFICATION by Sarah L. McCray(Clark, John) |
| Filing 33 MOTION to Amend/Correct Complaint by Sarah L. McCray. Response to Motion due by 3/26/2019. 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 - Amended Complaint, #2 Exhibit B - Written Consent by Opposing Counsel)Proposed order is being emailed to chambers with copy to opposing counsel.(Clark, John) Modified to edit text on 3/12/2019 (cbru, ). (Attachment 1 replaced on 3/13/2019) (cbru, ). |
| Filing 32 TEXT ORDER: The parties have failed to comply with the Third Amended Scheduling Order (Dkt No. #29 ) by failing to file a statement regarding mediation (ADR Statement) by March 4, 2019. Counsel shall file the required statement within two weeks of the date of this order. Failure to comply with this Order will result in the imposition of sanctions, which may, without further notice, include dismissal of the action without prejudice, exclusion of some or all defenses, or a monetary sanction not to exceed $500. (ADR Statement due by 3/19/2019) Signed by Honorable Cameron McGowan Currie on 3/5/2019. (cbru, ) |
| Filing 31 NOTICE of Request for Protection from Court Appearance by G Troy Thames for Oct 9-11, 2018; Nov 1-2, 2018; Dec 17-20, 2018 (Thames, G) |
| Filing 30 NOTICE of Cancellation of Hearing: Rule 16 Pretrial Telephone Conference set for 10/2/2018 10:00 AM before Honorable Donald C Coggins Jr. has been cancelled. (cbru, ) |
| Filing 29 THIRD AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 10/1/2018, Plaintiffs ID of Expert Witness due by 10/29/2018, Defendants ID of Expert Witnesses Due by 11/26/2018, Records Custodian Affidavit due by 11/26/2018, Discovery due by 1/22/2019, Motion in Limine due by 6/10/2019, Motions due by 2/4/2019, Rule 26(a)(3) Disclosures due by 4/15/2019, Jury Selection Deadline 7/1/2019, ADR Statement due by 3/4/2019, Mediation Due by 4/1/2019. Signed by Honorable Cameron McGowan Currie on 9/13/2018. (cbru, ) |
| Filing 28 Case Reassigned to Judge Honorable Cameron McGowan Currie. Judge Honorable Donald C Coggins, Jr no longer assigned to the case. (suro, ) |
| Filing 27 NOTICE OF RESCHEDULED HEARING Rule 16 Pretrial Conference set for Monday, 10/1/2018, 10:00 AM cancelled and rescheduled to: Rule 16 Pretrial Telephone Conference set for 10/2/2018 10:00 AM before Honorable Donald C Coggins Jr. ***Plaintiff's counsel is directed to arrange and initiate the conference call, conference in all other participating counsel, and then connect to chambers at 864-591-5340.(abuc) |
| Filing 26 NOTICE of Cancellation of Hearing: Telephone Conference set for Friday, 8/24/2018, 03:00 PM (abuc) |
| Filing 25 NOTICE of Hearing: Rule 16 Pretrial Conference set for Monday, 10/1/2018, 10:00 AM in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Donald C Coggins Jr. (kmca) |
| Filing 24 SECOND CONSENT AMENDED SCHEDULING ORDER: Rule 16 Pretrial Conference 10/1/2018 at 10:00 am, Motions to Amend Pleadings due by 10/1/2018, Plaintiffs ID of Expert Witness due by 10/1/2018, Defendants ID of Expert Witnesses Due by 11/1/2018, Records Custodian Affidavit due by 1/2/2019, Discovery due by 1/2/2019, Motions due by 1/15/2019, Mediation Due by 1/31/2019, Motion in Limine due by 2/15/2019, Rule 26(a)(3) Disclosures due by 3/1/2019, Jury Selection Deadline 4/1/2019. Signed by Honorable Donald C Coggins, Jr on 8/21/18. (kmca) |
| Filing 23 TEXT ORDER granting #20 Consent Motion to Amend/Correct #17 Scheduling Order. Entered at the direction of the Honorable Donald C Coggins, Jr on 8/21/18.(kmca) |
| Filing 22 NOTICE of Hearing: Telephone Conference set for Friday, 8/24/2018, 03:00 PM in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Donald C Coggins Jr. ***Plaintiff's counsel is directed to arrange and initiate the conference call, conference in all other participating counsel, and then connect to chambers at 864-591-5340.(kmca) |
| Filing 21 TEXT ORDER denying with leave to refile #19 Motion to Compel pursuant to Judge Coggins's preferences. Please review Judge Coggins's filing preferences and submit the appropriate documents before the scheduled phone conference. Entered at the direction of the Honorable Donald C Coggins, Jr on 8/21//18.(kmca) |
| Filing 20 Consent MOTION to Amend/Correct #17 Scheduling Order,, by United Parcel Service Inc. Response to Motion due by 8/31/2018. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Thames, G) |
| Filing 19 MOTION to Compel Plaintiff by United Parcel Service Inc. Response to Motion due by 8/31/2018. 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 Certificate of Service)No proposed order.(Thames, G) |
| Filing 18 Case Reassigned to Judge Donald C Coggins, Jr. Judge Margaret B Seymour no longer assigned to the case. (suro, ) |
| Filing 17 AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 5/14/2018, Plaintiffs ID of Expert Witness due by 6/11/2018, Defendants ID of Expert Witnesses Due by 7/11/2018, Records Custodian Affidavit due by 7/9/2018, Discovery due by 9/10/2018, Motion in Limine due by 12/10/2018, Motions due by 9/10/2018, Rule 26(a)(3) Disclosures due by 12/10/2018, Jury Selection Deadline 1/31/2019, ADR Statement due by 10/22/2018, Mediation Due by 11/21/2018. Signed by Honorable Margaret B Seymour on 2/16/2018. (mdea ) |
| Filing 16 Local Rule 26.03 Answers to Interrogatories by United Parcel Service Inc.(Thames, G) (Main Document 16 replaced on 2/20/2018) (mdea, ). |
| Filing 15 Local Rule 26.03 Answers to Interrogatories by Sarah L McCray.(Clark, John) |
| Filing 14 Rule 26(f) Report by Sarah L McCray.(Clark, John) |
| Filing 13 Local Rule 26.01 Answers to Interrogatories by Sarah L McCray.(Clark, John) |
| Filing 12 FAILURE TO FILE ORDER re Plaintiff's LR 26.01 Interrogatories, ( Plaintiff's LR 26.01 Interrogatories due by 2/21/2018.) Signed by Honorable Margaret B Seymour on 2/8/2018. (mdea ) |
| Filing 10 CLERK'S NOTICE: Plaintiff is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed no later than 14 days after service of the notice of removal. Please file these answers to interrogatories no late than February 6, 2018. (mdea ) |
| Filing 9 REPLY by United Parcel Service Inc to #4 Order Concerning Removal. (Thames, G) Modified on 1/22/2018 to link to correct entry (mdea, ). |
| Filing 8 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Sumter County. (Attachments: #1 Clocked Acknowledgement of Removal)(Thames, G) |
| Filing 7 CONFERENCE AND SCHEDULING ORDER Rule 26 Report due by 2/13/2018, Motions to Amend Pleadings due by 3/12/2018, Plaintiffs ID of Expert Witness due by 4/9/2018, Defendants ID of Expert Witnesses Due by 5/9/2018, Records Custodian Affidavit due by 5/9/2018, Discovery due by 7/9/2018, Motion in Limine due by 10/19/2018, Motions due by 7/23/2018, Rule 26(a)(3) Disclosures due by 10/9/2018, Jury Selection Deadline 11/9/2018, ADR Statement due by 8/22/2018, Mediation Due by 9/21/2018. Signed by Honorable Margaret B Seymour on 1/10/2018. (mdea ) |
| Filing 6 ANSWER to Complaint by United Parcel Service Inc.(Thames, G) Modified on 1/10/2018 to edit text (mdea, ). |
Filing 4
ORDER re #1 Notice of Removal, filed by United Parcel Service Inc. Signed by Honorable Margaret B Seymour on 1/9/2018. (mdea )
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| Filing 3 Local Rule 26.01 Answers to Interrogatories by United Parcel Service Inc.(mdea ) (Additional attachment(s) added on 1/9/2018: #1 Certificate of Service) (mdea, ). |
| Filing 1 NOTICE OF REMOVAL from Sumter County Common Pleas, case number 2017-CP-43-2299. (Filing fee $ 400 receipt number 0420-7544613), filed by United Parcel Service Inc. (Attachments: #1 State Court Documents)(mdea ) (Additional attachment(s) added on 1/9/2018: #2 Certificate of Service) (mdea, ). |
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