Boon Insurance Agency Inc, The v. Lloyd
| Boon Insurance Agency Inc, The |
| Kelley Lloyd and FCE Benefit Administrators Inc |
| 3:2020cv02980 |
| August 18, 2020 |
| US District Court for the District of South Carolina |
| J Michelle Childs |
| Contract: Other |
| 18 U.S.C. § 1831 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 27 MOTION to Set Aside Default and Memorandum in Support by FCE Benefit Administrators Inc. Response to Motion due by 10/27/2020. 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. No proposed order.(Moran, Wesley) |
| Filing 26 ANSWER to #18 Amended Complaint, by FCE Benefit Administrators Inc.(Moran, Wesley) |
| Filing 25 MOTION to Transfer Case Venue Pursuant to 28 U.S.C. 1404(a) by FCE Benefit Administrators Inc, Kelley Lloyd. Response to Motion due by 10/27/2020. 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 Memo in Support)No proposed order.(Moran, Wesley) |
| Filing 24 Clerk's ENTRY OF DEFAULT as to FCE Benefit Administrators Inc (asni, ) |
| Filing 23 REQUEST FOR ENTRY OF DEFAULT byBoon Insurance Agency Inc, The. (Attachments: #1 Affidavit In Support of Request for Entry of Default)(Lehrer, Jeffrey) |
| Filing 22 SUMMONS Returned Executed by Boon Insurance Agency Inc, The. Defendant FCE Benefit Administrators Inc served on 9/17/2020, answer due 10/8/2020. (Lehrer, Jeffrey) |
| Filing 20 Summons Issued as to FCE Benefit Administrators Inc. (asni, ) |
| Filing 19 Summons Issued as to Kelley Lloyd. (asni, ) |
| Filing 18 AMENDED COMPLAINT against All Defendants, filed by Boon Insurance Agency Inc, The. Service due by 12/9/2020 (Attachments: #1 Exhibit RC Agreement, #2 Exhibit CS Agreement, #3 Summons FCE Benefit Administrators, Inc., #4 Summons Kelley Lloyd) (Lehrer, Jeffrey) |
| Filing 17 NOTICE OF RESCHEDULED HEARING Motion Hearing set for 9/10/2020 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. cancelled and rescheduled to: Motion Hearing set for 11/4/2020 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. (asni, ) |
Filing 16
ORDER denying #14 Motion to Expedite; granting #15 Motion for Service by Publication. The court finds good cause and extends the Temporary Restraining Order (ECF No. 9) for a period of sixty (60) days, until Tuesday, November 10, 2020. The hearing on Plaintiffs Motion for Preliminary Injunction is continued and rescheduled for Wednesday, November 4, 2020 at 9:30 a.m. in Courtroom No. 3 at the Matthew J. Perry, Jr. United States District Courthouse, 901 Richland Street, Columbia, South Carolina 29201. Signed by Honorable J Michelle Childs on 9/9/2020.(asni, )
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| Filing 15 First MOTION for Service by Publication by Boon Insurance Agency Inc, The. Response to Motion due by 9/18/2020. 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 Affidavit, #2 Affidavit, #3 Supporting Documents, #4 Affidavit, #5 Supporting Documents)Proposed order is being emailed to chambers with copy to opposing counsel.(Lehrer, Jeffrey) |
| Filing 14 First MOTION to Expedite Discovery by Boon Insurance Agency Inc, The. Response to Motion due by 9/15/2020. 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.(Lehrer, Jeffrey) |
| Filing 12 DEPOSIT of Security/Bond Funds in the amount of $ $15,000.00. (asni, ) |
| Filing 11 ***DOCUMENT E-MAILED #9 Order on Motion for TRO to Finance: Tyrone Brown, Cynthia Williams and Diane Green (asni, ) |
| Filing 10 NOTICE of Hearing on Motion #5 MOTION for Preliminary Injunction : Motion Hearing set for 9/10/2020 09:30 AM in Columbia # 3, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable J Michelle Childs. (asni, ) |
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Filing 9
ORDER AND OPINION granting #5 Motion for TRO. Signed by Honorable J Michelle Childs on 8/27/2020.(asni, )
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| Filing 8 SUPPLEMENT by Boon Insurance Agency Inc, The to #5 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order . (Attachments: #1 Exhibit 1 - Unpublished Opinions)(Lehrer, Jeffrey) |
| Filing 7 TEXT ORDER: This matter is before the court on Plaintiff's Motion for Temporary Restraining Order (the "TRO Motion") and Preliminary Injunction. (ECF No. 5.) Plaintiff asks this court to grant the TRO Motion and preliminary injunction "to maintain the status quo and prevent [Defendant] Lloyd and those acting in active concert with her from causing [Plaintiff] Boon [] further harm." (Id. at 1.) Rule 65 of the Federal Rules of Civil Procedure provides that "[t]he court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." Fed. R. Civ. P. 65(c). This rule is mandatory and unambiguous. Dist. 17, United Mine Workers of Am. v. A & M Trucking, Inc., 991 F.2d 108, 110 (4th Cir. 1993). Although the district court has discretion to set the bond amount in such sum as the court deems proper, it is not free to disregard the bond requirement altogether. Hoechst Diafoil Co. v. Nan Ya Plastics Corp., 174 F.3d 411, 421 (4th Cir. 1999). In light of this standard, and upon reviewing Plaintiff's Motion, this court cannot discern any indication on Plaintiff's part as to what it considers proper security to Defendant as Rule 65(c) requires. Accordingly, Plaintiff is instructed to file supplemental briefing with this court indicating, in no more than three (3) pages, what it deems a reasonable amount for this court to hold in security for any potential damages incurred by Defendant for being wrongfully enjoined or restrained. Plaintiff is further instructed to file this briefing no later than 3:00 p.m. on Thursday, August 27, 2020. This Order should not be construed as this court's intention to grant Plaintiff's Motion(s), but rather it should be understood as this court's desire to review the Motion(s) before it with sufficient information as to the standard requirements for injunctive relief. Signed by Honorable J Michelle Childs on 8/26/2020. (asni, ) |
| Filing 6 SUPPLEMENT by Boon Insurance Agency Inc, The to #5 Emergency MOTION for Preliminary Injunction Emergency MOTION for Temporary Restraining Order . (Attachments: #1 Affidavit of Phil Pangburn, Solis Security, #2 Affidavit Supplemental Declaration of Keith Stueler, #3 Exhibit to Supplemental Declaration of Keith Stueler, #4 Exhibit Information Regarding Failed Service Attempts)(Lehrer, Jeffrey) |
| Filing 5 Emergency MOTION for Preliminary Injunction , Emergency MOTION for Temporary Restraining Order ( Response to Motion due by 9/2/2020. 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. ) by Boon Insurance Agency Inc, The. (Attachments: #1 Exhibit 1 - Declaration of Keith Stueler, #2 Exhibit Attachment 1 to Declaration of Keith Stueler, #3 Exhibit Attachment 2 to Declaration of Keith Stueler, #4 Exhibit Attachment 3 to Declaration of Keith Stueler, #5 Exhibit Attachment 4 to Declaration of Keith Stueler, #6 Exhibit Attachment 5 to Declaration of Keith Stueler, #7 Exhibit Attachment 6 to Declaration of Keith Stueler, #8 Exhibit Attachment 7 to Declaration of Keith Stueler, #9 Exhibit Attachment 8 to Declaration of Keith Stueler, #10 Exhibit Attachment 9 to Declaration of Keith Stueler, #11 Exhibit Attachment 10 to Declaration of Keith Stueler, #12 Exhibit Attachment 11 to Declaration of Keith Stueler, #13 Exhibit 2 - Unpublished Opinions)No proposed order.(Lehrer, Jeffrey) supplement #6 added 8/21/2020 on 8/24/2020 (asni, ). supplement #8 added on 8/27/2020 (asni, ). |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Boon Insurance Agency Inc, The.(asni, ) |
| Filing 2 Summons Issued as to Kelley Lloyd. (asni, ) |
| Filing 1 COMPLAINT against Kelley Lloyd ( Filing fee $ 400 receipt number 0420-9285240.), filed by Boon Insurance Agency Inc, The. Service due by 11/16/2020 (Attachments: #1 Exhibit 1 covenants agreement, #2 Exhibit 2 policy, #3 Exhibit 3 email)(asni, ) |
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