O'Leary v. TrustedID, Inc.
Brady O'Leary |
TrustedID, Inc. |
3:2020cv02702 |
July 22, 2020 |
US District Court for the District of South Carolina |
Mary Geiger Lewis |
Sherri A Lydon |
P.I.: Other |
28 U.S.C. § 1446 Notice of Removal-Personal Injury |
Plaintiff |
Docket Report
This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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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) |
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) |
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) |
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). |
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) |
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, ) |
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) |
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) |
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) |
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, ). |
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) |
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) |
Filing 38 Case Reassigned to Judge Honorable Sherri A Lydon. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (cwil, ) |
Filing 37 REPLY to Response to Motion re #29 MOTION to Dismiss Amended Complaint Response filed by TrustedID, Inc.. (Barker, Rita) |
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, ) |
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) |
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, ) |
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) |
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, ). |
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, ) |
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) |
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) |
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 ) |
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, ) |
Filing 26 Local Rule 26.03 Answers to Interrogatories by Brady O'Leary.(Maxfield, David) |
Filing 25 Joint Rule 26(f) Report by Brady O'Leary. (Attachments: #1 26f Discovery Plan, #2 Proposed Order)(Maxfield, David) |
Filing 24 Local Rule 26.03 Answers to Interrogatories by TrustedID, Inc..(Barker, Rita) |
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, ) |
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) |
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) |
Filing 20 AMENDED COMPLAINT against TrustedID, Inc., filed by Brady O'Leary. Service due by 12/17/2020 (Maxfield, David) |
Filing 19 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 9/1/2020. (cbru, ) |
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, ) |
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, ) |
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) |
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) |
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, ) |
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) |
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) |
Filing 11 REPLY by TrustedID, Inc. to 7 Order,,, Set Deadlines,, . (Barker, Rita) |
Filing 10 Local Rule 26.01 Answers to Interrogatories by Brady O'Leary.(Maxfield, David) |
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, ) |
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, ) |
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, ) |
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) |
Filing 3 Local Rule 26.01 Answers to Interrogatories by TrustedID, Inc.(cbru, ) |
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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