Stone v. Do It Best Corp
| Sharon Stone |
| Vince Saey, Do It Best Corp, Scott Smith and Vince Seay |
| 3:2021cv00771 |
| March 17, 2021 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Kaymani D West |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Race) |
| Both |
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Filing 61
TEXT ORDER: Based on a need to reschedule mediation, the parties jointly seek a Second Amended Scheduling Order. ECF No. #60 . The court finds it unnecessary to issue another scheduling order at this time. However, the parties' motion is granted insofar as it seeks to move the mediation deadline to March 21, 2022. Because a dispositive motion has been filed the court finds it unnecessary to revise the trial-related deadlines. As noted in the Amended Scheduling Order, ECF No. #16 , a Notice regarding trial-related deadlines will be issued after the dispositive motion has been resolved. Signed by Magistrate Judge Kaymani D West on 2/4/2022.(prou, )
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| Filing 60 Consent MOTION to Amend/Correct #16 Scheduling Order,,, by Do It Best Corp. Response to Motion due by 2/18/2022. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Samples, Thomas) |
| Filing 59 REPLY to Response to Motion re #47 MOTION for Summary Judgment Response filed by Do It Best Corp. (Samples, Thomas) |
| Filing 58 DELETION OF DOCKET ENTRY NUMBER 56 Reason: Attachment had more than one attachment within it and exhibit did not have description. Corrected Filing Document Number #57 . Modified filing date to that of original filing: 1/21/2022. Reply to Response due date modified to that of original filing: 1/28/2022. (prou, ) |
| Filing 57 RESPONSE in Opposition re #47 MOTION for Summary Judgment Response filed by Sharon Stone.Reply to Response to Motion due by 1/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Memo in Support, #2 Affidavit Affidavit of Willette Wright, #3 Certificate of Service)(Henderson, La'Keabian) Modified on 1/26/2022 to modify filing date and Reply date to that of original filing (prou, ). |
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Filing 54
TEXT ORDER granting #52 Motion for Extension of Time to File Response to #47 Motion for Summary Judgment. Response is now due January 21, 2022. Signed by Magistrate Judge Kaymani D West on 01/07/2022.(dsto, )
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| Filing 53 RESPONSE to Motion re #52 MOTION for Extension of Time to File Response/Reply as to #47 MOTION for Summary Judgment , 50 Order on Motion for Extension of Time Response filed by Do It Best Corp.Reply to Response to Motion due by 1/13/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Samples, Thomas) |
| Filing 52 MOTION for Extension of Time to File Response/Reply as to #47 MOTION for Summary Judgment , 50 Order on Motion for Extension of Time by Sharon Stone. Response to Motion due by 1/20/2022. 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.Motions referred to Kaymani D West.(Henderson, La'Keabian) |
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Filing 50
TEXT ORDER granting #48 Motion for Extension of Time. The response to the #47 Motion for Summary Judgment is now due January 7, 2022. Signed by Magistrate Judge Kaymani D West on 12/20/2021.(prou, )
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| Filing 48 MOTION for Extension of Time by Sharon Stone. Response to Motion due by 1/4/2022. 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.Motions referred to Kaymani D West.(Henderson, La'Keabian) Modified on 12/17/2021 to replace with corrected document provided by filing user (prou, ). |
| Filing 47 MOTION for Summary Judgment by Do It Best Corp. Response to Motion due by 12/20/2021. 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. (Attachments: #1 Memo in Support Memo In Support of Summary Judgment, #2 Exhibit Exhibit A - Plaintiff's Complete Deposition with Cited Exhibits, #3 Exhibit Exhibit B - Declaration of Scott Smith)No proposed order.Motions referred to Kaymani D West.(Samples, Thomas) |
| Filing 45 AFFIDAVIT of Records Custodian by Do It Best Corp. (Attachments: #1 Exhibit A - SCDEW Documents)(Samples, Thomas) (Attachment 1 replaced on 11/22/2021 with document provided by filing user) (dsto, ) |
| Filing 44 Local Rule 26.03 Answers to Interrogatories by Do It Best Corp.(Samples, Thomas) |
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Filing 42
ORDER ADOPTING THE REPORT AND RECOMMENDATION AND GRANTING DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND DENYING PLAINTIFF'S MOTION TO AMEND AS FUTILE: After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court Defendants' motion for judgment on the pleadings is GRANTED, and Stone's motion to amend is DENIED. Hence, Stone's complaint will proceed as to Do It Best only and will proceed only as to the following causes of action: Title VII claim for race discrimination/disparate treatment (First Cause of Action); Title VII retaliation claim (Second Cause of Action); and, disability discrimination (Fourth Cause of Action). Seay and Smith are dismissed from this action. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/13/2021. (prou, )
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| Filing 41 REPORT AND RECOMMENDATION recommends Defendants' Motion for Judgment on the Pleadings, ECF No. #22 , be granted, and the Motion to Amend, ECF No. #29 , be denied as futile. If this Report is adopted, Plaintiff's Complaint, ECF No. #1 , will proceed as to Defendant Do It Best Corp. only and will proceed only as to the following causes of action: 1) Title VII claim for Race Discrimination/Disparate Treatment (First Cause of Action); 2) Title VII Retaliation claim (Second Cause of Action); 3) Disability Discrimination (Fourth Cause of Action).IT IS SO RECOMMENDED. Objections to R&R due by 10/8/2021. 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. Signed by Magistrate Judge Kaymani D West on 09/24/2021. (Attachments: #1 Notice of Right to File Objections)(dsto, ) |
| Filing 38 REPLY to Response to Motion re #29 First MOTION to Amend/Correct Plaintiff's Complaint Response filed by Sharon Stone. (Henderson, La'Keabian) |
| Filing 37 RESPONSE in Opposition re #29 First MOTION to Amend/Correct Plaintiff's Complaint Response filed by Do It Best Corp, Vince Seay, Scott Smith.Reply to Response to Motion due by 8/16/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Samples, Thomas) |
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Filing 34
TEXT ORDER granting #32 Motion to Withdraw as Attorney. Sandi R. Wilson is being relieved as counsel. Thomas Chase Samples has been added as counsel for Do It Best Corp, Vince Seay, and Scott Smith. Signed by Magistrate Judge Kaymani D West on 8/3/2021.(prou, )
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| Filing 33 REPLY to Response to Motion re #22 MOTION for Judgment on the Pleadings Response filed by Do It Best Corp, Vince Seay, Scott Smith. (Hawkins, Allison) |
| Filing 32 MOTION to Withdraw as Attorney by Do It Best Corp, Vince Seay, Scott Smith. Response to Motion due by 8/16/2021. 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.Motions referred to Kaymani D West.(Wilson, Sandi) |
| Filing 31 DELETION OF DOCKET ENTRY NUMBER Entry #28 Reason: filed in error by attorney. Corrected Filing Document Number #29 First Motion to Amend/Correct (dsto, ) |
| Filing 30 RESPONSE in Opposition re #22 MOTION for Judgment on the Pleadings Response filed by Sharon Stone.Reply to Response to Motion due by 8/2/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Henderson, La'Keabian) |
| Filing 29 First MOTION to Amend/Correct Plaintiff's Complaint by Sharon Stone. Response to Motion due by 8/9/2021. 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. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Memo in Support)No proposed order.Motions referred to Kaymani D West.(Henderson, La'Keabian) |
| Filing 25 DELETION OF DOCKET ENTRY NUMBER Entry #23, Amended Complaint, Reason: per #24 TEXT ORDER. (dsto, ) |
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Filing 24
TEXT ORDER: Rather than file a response to Defendants' Motion for Judgment on the Pleadings, ECF No. #22 , Plaintiff submitted an Amended Complaint, ECF No. 23. However, because the Amended Complaint was not filed within the window within which Plaintiff could have filed an amended pleading as a matter of course, see Fed. R. Civ. P. 15(a)(1), any amended complaint requires either the opposing parties' written consent or leave of the court, Fed. R. Civ. P. 15(a)(2). Accordingly, the Clerk of Court is instructed to remove the amended complaint found at ECF No. 23 from the docket in this matter. At present, then, the Complaint found at ECF No. #1 -1 remains the operative Complaint.Plaintiff is free to submit a Motion to Amend her Complaint. In addition to a proposed amended complaint, Plaintiff's Motion should include a memorandum in support of the motion and an affirmation of consultation with opposing counsel as required by Local Civil Rule 7.02 (D.S.C.). Should the parties consent to the filing of an Amended Complaint, the current Motion for Judgment on the Pleadings would become moot. Absent a consented-to Motion to Amend, Plaintiff is still required to respond to the pending Motion for Judgment on the Pleadings, ECF No. #22 , no later than July 26, 2021. Signed by Magistrate Judge Kaymani D West on 07/12/2021. (dsto, )
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| Filing 22 MOTION for Judgment on the Pleadings by Do It Best Corp, Vince Saey, Scott Smith. Response to Motion due by 6/30/2021. 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. (Attachments: #1 Memo in Support)No proposed order.Motions referred to Kaymani D West.(Wilson, Sandi) |
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Filing 20
CONFIDENTIALITY ORDER Signed by Magistrate Judge Kaymani D West on 5/5/2021. (prou, )
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Filing 19
TEXT ORDER granting #14 Motion for Confidentiality Order. Signed by Magistrate Judge Kaymani D West on 5/5/2021.(prou, )
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Filing 18
RULE 502(d) PROTECTIVE ORDER Signed by Magistrate Judge Kaymani D West on 5/5/2021. (prou, )
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Filing 17
TEXT ORDER granting #13 Motion for Protective Order. Signed by Magistrate Judge Kaymani D West on 5/5/2021.(prou, )
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Filing 16
CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 6/14/2021, Plaintiffs ID of Expert Witness due by 8/23/2021, Defendants ID of Expert Witnesses Due by 9/22/2021, Records Custodian Affidavit due by 11/19/2021, Discovery due by 11/19/2021, Motions due by 12/6/2021, Mediation Due by 2/4/2022. Motions in limine must be filed no later than 21 days prior to the date set for trial. Written responses are due seven days thereafter. The parties shall file and exchange Fed.R.Civ.P. 26(a)(3) pretrial disclosures within 21 days of the date set for jury selection. Parties shall furnish the Court pretrial briefs seven days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial after dispositive motions have been resolved or March 4, 2022, whichever is later. Signed by Magistrate Judge Kaymani D West on 5/5/2021. (prou, )
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| Filing 15 Plaintiff's Local Rule 26.01 Answers to Interrogatories by Sharon Stone.(Henderson, La'Keabian) |
| Filing 14 Joint MOTION for Confidentiality Order by Do It Best Corp, Vince Saey, Scott Smith. Response to Motion due by 5/18/2021. 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. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Wilson, Sandi) |
| Filing 13 Joint MOTION for Protective Order by Do It Best Corp, Vince Saey, Scott Smith. Response to Motion due by 5/18/2021. 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. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Wilson, Sandi) |
| Filing 12 Joint Rule 26 Outline of Discovery Plan by Do It Best Corp, Vince Saey, Scott Smith.(Wilson, Sandi) |
| Filing 11 Joint Rule 26(f) Report by Do It Best Corp, Vince Saey, Scott Smith. (Attachments: #1 Proposed Order)(Wilson, Sandi) |
| Filing 8 MEDIATION ORDER: Mediation Due by 12/6/2021. Signed by Honorable Mary Geiger Lewis on 3/29/2021. (prou, ) |
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Filing 7
CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 4/19/2021, 26(a) Initial Disclosures due by 5/3/2021, Rule 26 Report due by 5/3/2021, Motions to Amend Pleadings due by 5/24/2021, Plaintiffs ID of Expert Witness due by 6/22/2021, Defendants ID of Expert Witnesses Due by 7/22/2021, Records Custodian Affidavit due by 7/22/2021, Discovery due by 9/20/2021, Motion in Limine due by 12/13/2021, Motions due by 10/5/2021, Rule 26(a)(3) Disclosures due by 12/20/2021, Mediation Due by 12/6/2021. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after January 3, 2022. Signed by Magistrate Judge Kaymani D West on 3/29/2021. (prou, )
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| Filing 5 ANSWER to Complaint (Notice of Removal) by Do It Best Corp, Vince Saey, Scott Smith (Wilson, Sandi). Modified on 3/25/2021 to correct event type. (prou, ) |
| Filing 4 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Lexington County. (Attachments: #1 Supporting Documents)(Wilson, Sandi) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Do It Best Corp, Vince Saey, Scott Smith.(prou, ) |
| Filing 1 NOTICE OF REMOVAL from Lexington County Common Pleas, case number 2021-CP-32-00089. (Filing fee $ 402 receipt number 0420-9716153), filed by Do It Best Corp, Scott Smith, Vince Saey. (Attachments: #1 Exhibit A - State Court Pleadings)(prou, ) |
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