O'Leary v. TrustedID, Inc.
Plaintiff: Brady O'Leary
Defendant: TrustedID, Inc.
Case Number: 3:2020cv02702
Filed: July 22, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: Mary Geiger Lewis
Referring Judge: Sherri A Lydon
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1446 Notice of Removal-Personal Injury
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 22, 2023 Filing 53 USCA OPINION for #50 Notice of Appeal, filed by Brady O'Leary. Decision of Appeals Court: Vacated and Remanded Decision of District Court with instructions to remand to state court. (kbos)
October 12, 2021 Filing 51 Transmittal Sheet for Notice of Appeal to USCA re #50 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (ahil)
October 8, 2021 Filing 50 NOTICE OF APPEAL as to #49 Judgment, #48 Order,, Terminate Motions, by Brady O'Leary. - Filing fee $ 505, receipt number 0420-10116436. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Maxfield, David)
September 10, 2021 Filing 49 JUDGMENT. The plaintiff Brady O'Leary, take nothing of defendant TrustedID, Inc. and this action is dismissed (ahil) (Main Document 49 replaced on 9/10/2021 to remove a double header) (ahil).
September 9, 2021 Opinion or Order Filing 48 ORDER. For the foregoing reasons, Plaintiff Brady OLeary's Motion to Remand, ECF No. #44 , is DENIED, and Defendant TrustedID, Inc.'s Motion to Dismiss the Amended Complaint, ECF No. #29 , is GRANTED. Signed by the Honorable Sherri A. Lydon on September 9, 2021. (ahil)
September 7, 2021 Filing 47 Minute Entry. Proceedings held before Honorable Sherri A Lydon: Motion Hearing held on 9/7/2021; taking under advisement #29 MOTION to Dismiss Amended Complaint filed by TrustedID, Inc., and taking under advisement #44 MOTION to Remand or Determine Subject Matter Jurisdiction filed by Brady O'Leary. Court to file written order. Court Reporter Karen Anderson. (mflo, )
September 7, 2021 Filing 46 RESPONSE in Opposition re #44 MOTION to Remand or Determine Subject Matter Jurisdiction Response filed by TrustedID, Inc..Reply to Response to Motion due by 9/14/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Barker, Rita)
August 24, 2021 Filing 45 TEXT ORDER directing parties to be prepared to argue Plaintiff's Motion to Remand or Determine Subject Matter Jurisdiction ("Motion to Remand") during the September 7, 2021 hearing. Defendant's response to the Motion to Remand remains due on September 7, 2021. Unless Defendant is conceding the issue, it has until midnight to submit its filing. In the event the response is not filed before 2:00 PM, however, Defendant must still be prepared to argue its position on the remand/subject matter jurisdiction issue during the hearing. Entered at the direction of the Honorable Sherri A. Lydon on August 24, 2021.(ahil)
August 23, 2021 Filing 44 MOTION to Remand or Determine Subject Matter Jurisdiction by Brady O'Leary. Response to Motion due by 9/7/2021. 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.(Maxfield, David)
August 10, 2021 Filing 43 NOTICE of Hearing on Motion #29 MOTION to Dismiss Amended Complaint : Motion Hearing set for 9/7/2021 02:00 PM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Sherri A Lydon. (ahil) Modified on 8/16/2021 to edit text (lgib, ).
January 27, 2021 Filing 40 TEXT ORDER granting #39 Motion to Stay Deadlines. All deadlines in the Conference and Scheduling Order are hereby stayed pending the court's order on the motion to dismiss, ECF No. 29. The parties will have twenty (20) days following the courts order on the motion to dismiss to submit a proposed joint amended scheduling order to the court via email. Directed by the Honorable Sherri A. Lydon on 1/27/2021.(ahil)
January 26, 2021 Filing 39 Consent MOTION to Stay re #27 Scheduling Order,, Pending Determination of Motion by Brady O'Leary. Response to Motion due by 2/9/2021. 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.(Maxfield, David)
January 13, 2021 Filing 38 Case Reassigned to Judge Honorable Sherri A Lydon. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (cwil, )
December 10, 2020 Filing 37 REPLY to Response to Motion re #29 MOTION to Dismiss Amended Complaint Response filed by TrustedID, Inc.. (Barker, Rita)
November 30, 2020 Filing 36 TEXT ORDER granting #35 Motion for Extension of Time to File Response/Reply re #29 MOTION to Dismiss Amended Complaint. (Reply due by 12/10/2020) Signed by Honorable Mary Geiger Lewis on 11/30/2020.(cbru, )
November 30, 2020 Filing 35 Consent MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss Amended Complaint by TrustedID, Inc.. Response to Motion due by 12/14/2020. 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.(Barker, Rita)
November 23, 2020 Filing 34 TEXT ORDER granting #33 Motion for Extension of Time to File Response/Reply re #29 MOTION to Dismiss Amended Complaint. (Reply due by 12/7/2020) Signed by Honorable Mary Geiger Lewis on 11/23/2020.(cbru, )
November 22, 2020 Filing 33 Consent MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss Amended Complaint by TrustedID, Inc.. Response to Motion due by 12/7/2020. 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.(Barker, Rita)
November 20, 2020 Filing 32 RESPONSE in Opposition re #29 MOTION to Dismiss Amended Complaint. Response filed by Brady O'Leary. Reply to Response to Motion due by 11/30/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Privacy Policy - 2017 Cybersecurity, #2 Exhibit B - Equifax Credit Bureau Check Your Credit Report & Credit Score)(Maxfield, David) Modified to edit text on 11/20/2020 (cbru, ).
October 28, 2020 Filing 31 TEXT ORDER granting #30 Motion for Extension of Time to File Response/Reply re #29 MOTION to Dismiss Amended Complaint. (Response to Motion due by 11/20/2020) Signed by Honorable Mary Geiger Lewis on 10/28/2020.(cbru, )
October 28, 2020 Filing 30 Consent MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss Amended Complaint by Brady O'Leary. Response to Motion due by 11/12/2020. 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.(Maxfield, David)
October 23, 2020 Filing 29 MOTION to Dismiss Amended Complaint by TrustedID, Inc.. Response to Motion due by 11/6/2020. 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 A- TrustedID Premier- Terms of Use)No proposed order.(Barker, Rita)
October 20, 2020 Filing 28 TEXT ORDER finding as moot #15 Motion to Dismiss for Failure to State a Claim due to the filing of the amended complaint, ECF 20. Signed by Honorable Mary Geiger Lewis on 10/20/2020.(mdea )
October 6, 2020 Filing 27 CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 11/18/2020, Plaintiffs ID of Expert Witness due by 3/1/2021, Defendants ID of Expert Witnesses Due by 4/1/2021, Records Custodian Affidavit due by 9/27/2021, Discovery due by 2/18/2021, Motion in Limine due by 11/8/2021, Motions due by 5/28/2021, Rule 26(a)(3) Disclosures due by 9/27/2021, Jury Selection Deadline 11/29/2021, Mediation Due by 7/28/2021. Signed by Honorable Mary Geiger Lewis on 10/6/2020. (cbru, )
October 5, 2020 Filing 26 Local Rule 26.03 Answers to Interrogatories by Brady O'Leary.(Maxfield, David)
October 5, 2020 Filing 25 Joint Rule 26(f) Report by Brady O'Leary. (Attachments: #1 26f Discovery Plan, #2 Proposed Order)(Maxfield, David)
October 5, 2020 Filing 24 Local Rule 26.03 Answers to Interrogatories by TrustedID, Inc..(Barker, Rita)
September 25, 2020 Filing 23 TEXT ORDER granting #22 Motion for Extension of Time to Answer re #20 Amended Complaint. (TrustedID, Inc. answer due 10/23/2020) Signed by Honorable Mary Geiger Lewis on 9/25/2020.(cbru, )
September 25, 2020 Filing 22 Consent MOTION for Extension of Time to File Answer re #20 Amended Complaint by TrustedID, Inc.. Response to Motion due by 10/9/2020. 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.(Barker, Rita)
September 24, 2020 Filing 21 RESPONSE in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Brady O'Leary.Reply to Response to Motion due by 10/1/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Maxfield, David)
September 18, 2020 Filing 20 AMENDED COMPLAINT against TrustedID, Inc., filed by Brady O'Leary. Service due by 12/17/2020 (Maxfield, David)
September 1, 2020 Filing 19 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 9/1/2020. (cbru, )
September 1, 2020 Filing 18 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 10/5/2020, Motions to Amend Pleadings due by 10/27/2020, Plaintiffs ID of Expert Witness due by 11/30/2020, Defendants ID of Expert Witnesses Due by 12/29/2020, Records Custodian Affidavit due by 12/29/2020, Discovery due by 2/24/2021, Motion in Limine due by 7/7/2021, Motions due by 3/11/2021, Rule 26(a)(3) Disclosures due by 5/25/2021, Jury Selection Deadline 7/28/2021, Mediation Due by 5/11/2021. Signed by Honorable Mary Geiger Lewis on 9/1/2020. (cbru, )
September 1, 2020 Filing 17 TEXT ORDER granting #16 Motion for Extension of Time to File Response/Reply re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Response to Motion due by 9/25/2020) Signed by Honorable Mary Geiger Lewis on 9/41/2020.(cbru, )
August 31, 2020 Filing 16 Consent MOTION for Extension of Time to File Response/Reply as to #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Brady O'Leary. Response to Motion due by 9/14/2020. 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.(Maxfield, David)
August 28, 2020 Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by TrustedID, Inc.. Response to Motion due by 9/11/2020. 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 Memorandum in Support of Motion to Dismiss, #2 Exhibit A - TrustedID Premier - Terms of Use)No proposed order.(Barker, Rita)
August 13, 2020 Filing 14 TEXT ORDER granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 8/13/2020.(cbru, )
August 13, 2020 Filing 13 MOTION to Appear Pro Hac Vice by Zachary A. McEntyre ( Filing fee $ 250 receipt number 0420-9276918) by TrustedID, Inc.. Response to Motion due by 8/27/2020. 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 of Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Barker, Rita)
August 13, 2020 Filing 12 MOTION to Appear Pro Hac Vice by Robert D. Griest ( Filing fee $ 250 receipt number 0420-9276903) by TrustedID, Inc.. Response to Motion due by 8/27/2020. 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 to Appear Pro Hac Vice, #2 Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Barker, Rita)
August 11, 2020 Filing 11 REPLY by TrustedID, Inc. to 7 Order,,, Set Deadlines,, . (Barker, Rita)
August 11, 2020 Filing 10 Local Rule 26.01 Answers to Interrogatories by Brady O'Leary.(Maxfield, David)
August 7, 2020 Filing 8 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 August 21, 2020. (cbru, )
August 4, 2020 Filing 7 TEXT ORDER: The parties' attention is directed to the Court's Standing Order Regarding All Removed Cases Assigned to Judge Mary Geiger Lewis, located on the District Court's website at https://www.scd.uscourts.gov/Forms/Special_Instructions/Lewis_Standing%20_Order_Regarding_Removed_Cases.pdf. Not later than seven days from the entry of this Text Order, Defendant(s) shall file the information mandated by the Order. IT IS SO ORDERED. (Reply due by 8/11/2020) Signed by Honorable Mary Geiger Lewis on 8/4/2020. (cbru, )
July 24, 2020 Filing 6 TEXT ORDER granting #5 Motion for Extension of Time to Answer. (TrustedID, Inc. answer due 8/28/2020) Signed by Honorable Mary Geiger Lewis on 7/24/2020.(cbru, )
July 23, 2020 Filing 5 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal, by TrustedID, Inc.. Response to Motion due by 8/6/2020. 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.(Barker, Rita)
July 22, 2020 Filing 3 Local Rule 26.01 Answers to Interrogatories by TrustedID, Inc.(cbru, )
July 22, 2020 Filing 1 NOTICE OF REMOVAL from Richland County Court of Common Pleas, case number 2020-CP-40-02429 (Filing fee $400 receipt number 0420-9234115) filed by TrustedID, Inc. (Attachments: #1 Exhibit A - State Court Documents, #2 Exhibit B - Declaration of Terry Griffin)(cbru, )

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Plaintiff: Brady O'Leary
Represented By: David Andrew Maxfield
Represented By: Dave Maxfield
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Defendant: TrustedID, Inc.
Represented By: Rita Bolt Barker
Represented By: Robert Douglas Griest
Represented By: Zachary Andrew McEntyre
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