Ahern Rentals Inc v. Foster
| Ahern Rentals Inc |
| Jeffrey Brandon Foster |
| 3:2022cv01841 |
| June 9, 2022 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Other Statutory Actions |
| 18 U.S.C. ยง 1831 Defend Trade Secrets Act |
| Both |
Docket Report
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| Filing 17 ***DOCUMENT E-MAILED certified filed copy of 16 Text Order on Motion to Remand and this entry NEF to Clerk of Court, Lexington County Court of Common Pleas. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. (adic, ) |
| Filing 16 TEXT ORDER granting #5 Plaintiff's Motion to Remand. Stated plainly, to permit the sole, in-state Defendant to remove this case simply because he did so prior to being served would run completely afoul of the of the forum defendant rule and would be "contrary to congressional intent and create absurd results." Turtle Factory Building Corp. v. McGrath Real Estate Holdings, LLC, et al., No. 2:20-cv-03099-RMG, 2021 WL 688697, *3 (D.S.C. Jan. 28, 2021); see also In re Lipitor (Atorvastatin Calcium) Marketing, Sales Practices & Prods. Liability Litig., MDL No. 2:14-mn-02502-RMG, 2016 WL 7338594, at *2 (D.S.C. Nov. 21, 2016); Kickin' Chicken, LLC v. TFD, Inc., et al., No. 9:22-cv-00013-RMG, 2022 WL 682403 (D.S.C. Mar. 4, 2022). Accordingly, because the Court finds Defendant's removal improper under the circumstances, the Court grants Plaintiff's motion to remand, and this matter is hereby remanded to the South Carolina Court of Common Pleas for Lexington County. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 7/27/2022. (nsw) |
| Filing 15 MOTION to Stay by Jeffrey Brandon Foster. Response to Motion due by 8/9/2022. 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 Memo in Support, #2 Exhibit Exhibit A - Meadows and Donato Complaints, #3 Exhibit Exhibit B - JPML ECF 162 and 163, #4 Exhibit Exhibit C - Defendant's Memorandum in Opposition to Motion to Vacate CTO-9, #5 Exhibit Exhibit D - Subpoena to Testify at a Deposition, #6 Exhibit Exhibit E - MDL Protective Order, #7 Exhibit Exhibit F - Case Law)No proposed order.(Summer, Christina) |
| Filing 14 MEDIATION ORDER Mediation Due by 12/23/2022, Signed by Honorable Bruce Howe Hendricks on 6/29/2022. (adic, ) |
| Filing 13 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 7/20/2022, 26(a) Initial Disclosures due by 8/3/2022, Rule 26 Report due by 8/3/2022, Motions to Amend Pleadings due by 8/24/2022, Plaintiffs ID of Expert Witness due by 9/23/2022, Defendants ID of Expert Witnesses Due by 10/24/2022, Records Custodian Affidavit due by 10/24/2022, Discovery due by 12/23/2022, Motions due by 1/23/2023, Jury Selection Deadline 4/24/2023, Mediation Due by 12/23/2022, Signed by Honorable Bruce Howe Hendricks on 6/29/2022. (adic, ) |
| Filing 12 ANSWER to Complaint by Jeffrey Brandon Foster.(Summer, Christina) |
| Filing 11 REPLY to Response to Motion re #5 MOTION to Remand Response filed by Ahern Rentals Inc. (Foster, William) |
| Filing 10 RESPONSE in Opposition re #5 MOTION to Remand Response filed by Jeffrey Brandon Foster.Reply to Response to Motion due by 7/5/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Supporting Documents Opinion - Abraham v. Cracker Barrel, #2 Supporting Documents Opinion - Fisher v. Pelstring, #3 Supporting Documents Opinion - Spigner v. Apple, #4 Supporting Documents Opinion - Verrinder v. Wal-Mart)(Summer, Christina) |
| Filing 8 NOTICE of Appearance by Christina M Summer on behalf of Jeffrey Brandon Foster (Summer, Christina) |
| Filing 7 MOTION to Expedite Ruling on Motion to Remand or, in the Alternative, Oral Argument by Ahern Rentals Inc. Response to Motion due by 6/29/2022. 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.(Foster, William) |
| Filing 6 Case Reassigned to Judge Honorable Bruce Howe Hendricks. Judge Unassigned - MDL no longer assigned to the case. (glev, ) |
| Filing 5 MOTION to Remand by Ahern Rentals Inc. Response to Motion due by 6/27/2022. 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 Memo in Support, #2 Exhibit A - June 3, 2022 email serving Defendant's counsel with courtesy copy of Summons and Complaint, #3 Exhibit B - June 8, 2022 email exchange, #4 Exhibit C - June 10, 2022 notice of appearance, #5 Exhibit D - Unpublished decisions)No proposed order.(Foster, William) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Jeffrey Brandon Foster.(asni, ) |
| Filing 1 NOTICE OF REMOVAL from Lexington County, case number 2022-CP-32-201897. (Filing fee $ 402 receipt number ASCDC-10535462), filed by Jeffrey Brandon Foster. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Docket, #3 Exhibit C - Cited Cases)(asni, ) |
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| Plaintiff: Ahern Rentals Inc | |
| Represented By: | Katie Elizabeth Towery |
| Represented By: | William H Foster, III |
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| Defendant: Jeffrey Brandon Foster | |
| Represented By: | Amy Lohr Gaffney |
| Represented By: | Christina M Summer |
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