Groover v. Tuesday Morning Inc. et al
| Ernest Groover |
| Tuesday Morning Inc. and Linon Home Decor Products Inc. |
| 3:2018cv02378 |
| August 28, 2018 |
| US District Court for the District of South Carolina |
| Cameron McGowan Currie |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 29 TEXT ORDER: Defendant Linon Home Decor Product, Inc.'s ("Linon's") motion to dismiss for lack of personal jurisdiction cannot be resolved on the present record. Plaintiff is, instead, entitled to limited discovery to determine whether Linon's contacts with South Carolina are sufficient to satisfy the requirements for personal jurisdiction. To that end, the stay of discovery as to Defendant Linon is lifted for the limited purpose of requiring it to respond to court's interrogatories necessary for this purpose. To expedite such discovery, the court directs both Defendants to respond to the following court's interrogatories within thirty days of entry of this order. Each of these inquires is limited to events occurring during the two-year period preceding the filing of this litigation: (1) Defendants Linon and Tuesday Morning, Inc. ("TM") shall provide the number of individual products and price charged by Linon for products delivered to TM in the United States and shall specify the location(s) at which TM received such delivery; (2) TM shall provide the number of individual products manufactured or supplied by Linon that were ultimately shipped to South Carolina, whether shipped for sale through TM's stores or directly to consumers; (3) Linon shall provide the number, if any, of products it shipped or delivered to South Carolina whether such product was delivered to a retailer, distributor, consumer, or any other entity or individual; and (4) Linon shall provide a list of all distributors and retailers in the United States to whom it has delivered products and identify the location at which products have been delivered to those distributors and retailers. Absent further order, no other jurisdictional discovery will be allowed. Within fourteen days after Defendants file their responses to the above queries, any party opposing dismissal shall file a supplemental memorandum addressing facts and law relevant to the assertion of personal jurisdiction in light of J. McIntyre Machinery, Ltd. v. Nicastro, 564 U.S. 873 (2011). As explained in Hart v. Bed Bath & Beyond, Inc., 48 F. Supp. 3d 837, 842 (D. Md. 2014), the concurring opinion in McIntyre is the controlling opinion. (Reply due by 11/26/2018) Signed by Honorable Cameron McGowan Currie on 10/24/2018. (cbru, ) |
| Filing 28 AMENDED TEXT ORDER: The #20 motion to stay filed by Defendant Linon Home Decor Products Inc. is granted. This stay applies solely to discovery and other matters relating to this party and shall automatically be lifted if the motion to dismiss filed by this Defendant is denied. Signed by Honorable Cameron McGowan Currie on 10/24/2018. (cbru, ) |
| Filing 27 MOTION to Compel by Tuesday Morning Inc.. Response to Motion due by 11/1/2018. 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 A - Correspondence Evidencing Attempt to Confer)No proposed order.(Dedman, James) |
| Filing 26 RESPONSE in Opposition re #19 MOTION to Dismiss for Lack of Jurisdiction Response filed by Tuesday Morning Inc..Reply to Response to Motion due by 10/22/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Dedman, James) |
| Filing 25 RESPONSE in Opposition re #19 MOTION to Dismiss for Lack of Jurisdiction Response filed by Ernest Groover.Reply to Response to Motion due by 10/22/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Barton, Frank) |
| Filing 24 TEXT ORDER: Plaintiff and Defendant Tuesday Morning Inc. filed a Joint Supplemental Rule 26(f) Report that includes the following statement: "Additional fact witness depositions may be taken by agreement after the end of the discovery period so long as the trial date is not delayed." ECF No. #22 . This agreement is not acceptable to the court. Depositions should be completed prior to the discovery deadline to facilitate the orderly disposition of the case including dispositive motions practice and final trial preparation. Depositions beyond the discovery deadline are permitted only with the court's prior approval. Signed by Honorable Cameron McGowan Currie on 10/9/2018. (cbru, ) |
| Filing 23 TEXT ORDER: The #20 motion to stay filed by Defendant Linon Home Decor Products Inc. is granted. This stay applies solely to discovery and other matters relating to this party and shall automatically be lifted if the motion to dismiss filed by this Defendant is granted. Signed by Honorable Cameron McGowan Currie on 10/9/2018.(cbru, ) Modified to edit text to correct scrivener's error on 10/10/2018 (cbru, ). |
| Filing 22 Joint Local Rule 26.03 Answers to Interrogatories by Tuesday Morning Inc., Ernest Groover.(Dedman, James) Modified to edit text on 10/4/2018 (cbru, ). (Main Document 22 replaced on 10/4/2018) (cbru, ). |
| Filing 21 Joint Rule 26(f) Report by Tuesday Morning Inc., Ernest Groover.(Dedman, James) Modified to edit text on 10/4/2018 (cbru, ). (Main Document 21 replaced on 10/4/2018) (cbru, ). |
| Filing 20 MOTION to Stay Pursuant to Local Rule 16.00(C) by Linon Home Decor Products Inc.. Response to Motion due by 10/15/2018. 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. No proposed order.(Shaw, Joshua) |
| Filing 19 MOTION to Dismiss for Lack of Jurisdiction by Linon Home Decor Products Inc.. Response to Motion due by 10/15/2018. 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 Memo in Support, #2 Exhibit 1 - Affidavit of George Schwartz)No proposed order.(Shaw, Joshua) Modified to edit text on 10/1/2018 (cbru, ). |
| Filing 18 Local Rule 26.01 Answers to Interrogatories by Ernest Groover.(Barton, Frank) |
| Filing 17 TEXT ORDER: Plaintiff has failed to file Answers to Local Rule 26.01 Interrogatories despite a reminder from the Clerk of Court. Plaintiff is hereby ordered to file his Answers by October 5, 2018. 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. (Answers to Local Rule 26.01 Interrogatories due by 10/5/2018) Signed by Honorable Cameron McGowan Currie on 9/28/2018. (cbru, ) |
| Filing 15 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 later than September 27, 2018. (cbru, ) |
| Filing 14 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Richland County. (Attachments: #1 Exhibit A - Acknowledgment of State Court)(Dedman, James) |
| Filing 13 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 10/4/2018, Motions to Amend Pleadings due by 11/28/2018, Plaintiffs ID of Expert Witness due by 12/27/2018, Defendants ID of Expert Witnesses Due by 1/23/2019, Records Custodian Affidavit due by 1/23/2019, Discovery due by 3/20/2019, Motion in Limine due by 8/13/2019, Motions due by 4/3/2019, Rule 26(a)(3) Disclosures due by 6/12/2019, Jury Selection Deadline 9/3/2019, ADR Statement due by 5/1/2019, Mediation Due by 5/29/2019. Signed by Honorable Cameron McGowan Currie on 8/30/2018. (cbru, ) |
| Filing 11 ANSWER to Complaint by Tuesday Morning Inc..(Dedman, James) |
| Filing 10 Local Rule 26.01 Answers to Interrogatories by Linon Home Decor Products Inc..(Shaw, Joshua) |
| Filing 9 ANSWER to Complaint by Linon Home Decor Products Inc..(Shaw, Joshua) |
| Filing 8 Second Supplemental Local Rule 26.01 Answers to Interrogatories by Tuesday Morning Inc..(Dedman, James) |
| Filing 7 TEXT ORDER: Defendant Tuesday Morning Inc.'s response to Local Civil Rule Interrogatory 26.01(C) filed as ECF No. #6 is incomplete. This party is directed to file a complete response to subpart (C)(3) of the inquiry within three business days of entry of this order. (Supplement due by 9/4/2018) Signed by Honorable Cameron McGowan Currie on 8/29/2018. (cbru, ) |
| Filing 6 Supplemental Local Rule 26.01 Answers to Interrogatories by Tuesday Morning Inc..(Dedman, James) |
| Filing 5 TEXT ORDER: Defendant Tuesday Morning Inc.'s response to Local Civil Rule 26.01 Interrogatories filed as ECF No. #3 is incomplete. This party is directed to file a complete response to all subparts of the inquiry within three business days of entry of this order. (Supplement due by 8/31/2018) Signed by Honorable Cameron McGowan Currie on 8/28/2018. (cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Tuesday Morning Inc.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Richland County Court of Commons Pleas, case number 2018-CP-40-03725 (Filing fee $400 receipt number 0420-7967436) filed by Tuesday Morning Inc. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Affidavit of Service, #3 Notice of Filing Notice of Removal, #4 Proposed Acknowledgment of State Court, #5 Certificate of Service)(cbru, ) |
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