Rensberry v. Ryder Truck Rental, Inc.
| Victor Rensberry |
| Ryder Truck Rental, Inc. |
| 3:2019cv00250 |
| January 29, 2019 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Contract: Other |
| 28 U.S.C. ยง 1441 |
| Both |
Docket Report
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| Document Text |
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| Filing 16 ***DOCUMENT MAILED: #15 Judgment, 14 Order on Motion to Dismiss for Failure to State a Claim placed in U.S. Mail to Candice Grant, Candice Grant Law, LLC, PO Box 15483, Augusta, GA 30919 (cbru, ) |
| Filing 15 JUDGMENT dismissing this action without prejudice. (cbru, ) |
| Filing 14 TEXT ORDER: Around October 18, 2018, Plaintiff filed this action in the Court of Common Pleas for Richland County, South Carolina. ECF No. #1 at 1. Plaintiff then represented by a Georgia attorney filed an amended complaint in that Court on January 2, 2019. ECF No. #1 -1. On January 29, 2019, Defendant removed to this Court, ECF No. #1 , and filed a motion to dismiss seeking dismissal with prejudice of Plaintiff's amended complaint. ECF No. #4 . On February 13, 2019, this Court entered an Order directing the parties to file a joint status report addressing: 1) Plaintiff's failure to retain counsel admitted to practice before this Court; and 2) Plaintiff's failure to timely respond to Defendant's motion to dismiss. ECF No. 8. On February 19, 2019, Defendant filed a joint status report indicating Plaintiff's Georgia attorney had communicated with Plaintiff regarding the need to obtain counsel admitted to practice before this Court, and asking the Court to set deadlines for Plaintiff to retain new counsel, for said counsel to appear, and for Plaintiff to respond to Defendant's motion to dismiss. ECF No. #9 . On February 20, 2019, this Court entered an Order setting deadlines for: 1) Plaintiff to retain counsel admitted to practice before this Court; 2) Plaintiff's counsel to appear; and 3) Plaintiff to respond to Defendant's motion to dismiss. ECF No. 10. These deadlines have now passed, and Plaintiff has failed to retain new counsel and failed to respond to Defendant's motion to dismiss. Further, Plaintiff has never appeared in this case as a pro se litigant. Therefore, the Court will GRANT as unopposed Defendant's motion to dismiss. Accordingly, Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE. The Clerk of Court is directed to serve this order on plaintiff's Georgia attorney. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 3/28/2019.(cbru, ) |
| Filing 12 CERTIFICATE OF SERVICE by Ryder Truck Rental, Inc. re 10 Order,,,, Set Deadlines,,, (Crotty, Cara) |
| Filing 11 CERTIFICATE OF SERVICE by Ryder Truck Rental, Inc. re 10 Order,,,, Set Deadlines,,, (Crotty, Cara) |
| Filing 10 TEXT ORDER: On February 19, 2019, the parties filed a joint status report in which they requested the Court set deadlines for: 1) Plaintiff to retain counsel admitted to practice before this Court and Plaintiff's counsel to appear in this case; and 2) Plaintiff to respond to Defendant's motion to dismiss. ECF No. #9 . Having read and considered the joint status report, the Court DIRECTS Plaintiff to retain new counsel admitted to practice before this Court. Plaintiff shall retain said counsel, and counsel shall make an appearance in this case within ten days of the date of entry of this Order. Plaintiff's new counsel shall file a response to Defendant's motion to dismiss within fourteen days of the date counsel appears. Defendant is DIRECTED to serve this Order on Plaintiff and file proof of said service. IT IS SO ORDERED. (Notice of Appearance due by 3/4/2019) Signed by Honorable Mary Geiger Lewis on 2/20/2019. (cbru, ) |
| Filing 9 STATUS REPORT (Joint) by Ryder Truck Rental, Inc.. (Crotty, Cara) |
| Filing 8 TEXT ORDER: On January 2, 2019, Plaintiff filed this case asserting causes of action for breach of contract and related claims in the Court of Common Pleas for Richland County, South Carolina. ECF No. #1 -1. On January 29, 2019, Defendant removed the case to this Court. ECF No. #1 . On January 29, 2019, Defendant filed a motion to dismiss, ECF No. #4 , to which Plaintiff failed to timely respond. The Court DIRECTS the parties to file, on or before February 25, 2019, a joint status report addressing: 1) Plaintiff's failure to retain counsel admitted to practice before this Court; and 2) Plaintiff's failure to timely respond to Defendant's motion to dismiss. IT IS SO ORDERED. (Status Report due by 2/25/2019) Signed by Honorable Mary Geiger Lewis on 2/13/2019. (cbru, ) |
| Filing 7 CERTIFICATE OF SERVICE by Ryder Truck Rental, Inc. re #1 Notice of Removal, #3 Local Rule 26.01 Answers to Interrogatories, #4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Crotty, Cara) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Ryder Truck Rental, Inc. Response to Motion due by 2/12/2019. 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)No proposed order.(cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Ryder Truck Rental, Inc.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Richland County Court of Common Pleas, case number 2018-CP-40-04420 (Filing fee $400 receipt number 0420-8237139), filed by Ryder Truck Rental, Inc. (Attachments: #1 Exhibit A - State Court Documents)(cbru, ) |
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| Plaintiff: Victor Rensberry | |
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| Defendant: Ryder Truck Rental, Inc. | |
| Represented By: | Cara Y Crotty |
| Represented By: | Michael Brian Magargle |
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