Kelley v. South Carolina Military Department et al
| Patrick S. Kelley |
| South Carolina Military Department, South Carolina Army National Guard, Major General R. Van McCarty and Robert E. Livingston |
| 3:2022cv02214 |
| July 12, 2022 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 16, 2022. A more recent docket listing may be available from PACER.
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Filing 23
REPLY to Response to Motion re #19 MOTION to Remand to State Court. Response filed by Patrick S. Kelley. (Attachments: #1 National Guard Fact Sheet)(Grose, Ernest) Modified to edit text on 9/6/2022 (cbru, ).
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Filing 22
TEXT ORDER: In light of the parties' briefing on Plaintiff's motion to remand #19 , as well as the Court's own independent research, the Court is presently inclined to deny the motion. Nevertheless, the Court would like to receive further briefing from Plaintiff if he wishes to provide it. Therefore, not later than September 2, 2022, Plaintiff shall either (1) file a reply to Defendants' response in opposition #21 to Plaintiff's motion to remand #19 , or (2) withdraw his motion to remand #19 . IT IS SO ORDERED. (Reply/Withdrawal of Motion due by 9/2/2022) Signed by Honorable Mary Geiger Lewis on 8/31/2022. (cbru, )
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Filing 21
RESPONSE in Opposition re #19 MOTION to Remand to State Court Response filed by Robert E. Livingston, R. Van McCarty, South Carolina Army National Guard, South Carolina Military Department.Reply to Response to Motion due by 8/29/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Mallory, Jennifer) Modified to remove filer not listed on document on 9/6/2022 (cbru, ).
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Filing 20
REPLY to Response to Motion re #6 MOTION to Dismiss for Lack of Jurisdiction Response filed by Robert E. Livingston, R. Van McCarty, South Carolina Army National Guard, South Carolina Military Department. (Mallory, Jennifer)
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Filing 19
MOTION to Remand to State Court by Patrick S. Kelley. Response to Motion due by 8/29/2022. 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.(Grose, Ernest)
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Filing 18
RESPONSE in Opposition re #6 MOTION to Dismiss for Lack of Jurisdiction Response filed by Patrick S. Kelley.Reply to Response to Motion due by 8/22/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Grose, Ernest)
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Filing 16
TEXT ORDER: The parties' #15 Consent MOTION to Stay is granted and this action is stayed pending resolution of Federal Defendants' Motion to Dismiss. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 8/15/2022. (cbru, )
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Filing 15
Consent MOTION to Stay Discovery by Robert E. Livingston, R. Van McCarty, South Carolina Army National Guard, South Carolina Military Department. Response to Motion due by 8/29/2022. 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.(Mallory, Jennifer)
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Filing 14
TEXT ORDER granting #13 Motion for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Lack of Jurisdiction. (Response to Motion due by 8/15/2022) Signed by Honorable Mary Geiger Lewis on 8/1/2022.(cbru, )
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Filing 13
MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss for Lack of Jurisdiction by Patrick S. Kelley. Response to Motion due by 8/12/2022. 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.(Grose, Ernest) Modified to correct motion relief on 8/1/2022 (cbru, ).
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Filing 12
Local Rule 26.01 Answers to Interrogatories by Patrick S. Kelley.(Grose, Ernest)
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Filing 10
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 10, 2022. (cbru, )
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Filing 9
REPLY by Robert E. Livingston, R. Van McCarty, South Carolina Army National Guard to 4 Order,,, Set Deadlines,, . (Mallory, Jennifer)
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Filing 8
MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 7/19/2022. (cbru, )
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Filing 7
CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 8/22/2022, Motions to Amend Pleadings due by 9/16/2022, Plaintiffs ID of Expert Witness due by 10/17/2022, Defendants ID of Expert Witnesses Due by 11/15/2022, Records Custodian Affidavit due by 11/15/2022, Discovery due by 1/17/2023, Motion in Limine due by 4/27/2023, Motions due by 1/30/2023, Rule 26(a)(3) Disclosures due by 4/14/2023, Bench Trial Deadline 5/18/2023, Mediation Due by 3/30/2023. Signed by Honorable Mary Geiger Lewis on 7/19/2022. (cbru, )
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Filing 6
MOTION to Dismiss for Lack of Jurisdiction by Robert E. Livingston, R. Van McCarty, South Carolina Army National Guard. Response to Motion due by 8/1/2022. 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.(Mallory, Jennifer)
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Filing 4
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 http://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 7/19/2022) Signed by Honorable Mary Geiger Lewis on 7/12/2022. (cbru, )
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Filing 3
Local Rule 26.01 Answers to Interrogatories by Robert E. Livingston, R. Van McCarty, South Carolina Army National Guard.(cbru, )
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Filing 1
NOTICE OF REMOVAL from Richland County Court of Common Pleas, case number 2022-CP-40-000889 (Filing fee waived) filed by R. Van McCarty, Robert E. Livingston, South Carolina Army National Guard. (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - 2018 Military Pay Table, #3 Exhibit 3 - Order 103-821, dated April 16, 2009, #4 Exhibit 4 - Order 018-0001, dated January 18, 2017, #5 Exhibit 5 - Order 3339-0003, dated December 5, 2017, #6 Exhibit 6 - Order 3540800, dated December 20, 2018)(cbru, ) Modified to add descriptions to attachments and to delete attachment #7 as it was duplicative of attachment #1 on 7/13/2022 (cbru, ).
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