ACE American Insurance Company et al v. Continual Energy Inc. et al
| ACE American Insurance Company and China Jushi USA Corp. |
| Emerson Electric Co. and Appleton Group Canada, Ltd. |
| Continual Energy Inc. |
| Appleton Grp LLC |
| 3:2022cv03234 |
| September 22, 2022 |
| US District Court for the District of South Carolina |
| Cameron McGowan Currie |
| Tort Product Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Plaintiff |
Docket Report
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| Filing 46 REPLY to Response to Motion re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Continual Energy Inc.. (DuRant, Bess) |
| Filing 45 TEXT ORDER granting #44 Consent MOTION for Extension of Time to File Reply as to #31 Crossclaim. Signed by Honorable Cameron McGowan Currie on 11/1/2022. (cbru, ) |
| Filing 44 Consent MOTION for Extension of Time to File Response/Reply as to #31 Answer to Complaint, Crossclaim by Continual Energy Inc.. Response to Motion due by 11/14/2022. 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.(DuRant, Bess) |
| Filing 43 TEXT ORDER granting #41 Motion for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Replies due by 11/16/2022) Signed by Honorable Cameron McGowan Currie on 10/31/2022.(cbru, ) |
| Filing 42 TEXT ORDER granting #39 Motion to Appear Pro Hac Vice; granting #40 Motion to Appear Pro Hac Vice. Signed by Honorable Cameron McGowan Currie on 10/31/2022.(cbru, ) |
| Filing 41 Consent MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Continual Energy Inc. Response to Motion due by 11/14/2022. 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.(DuRant, Bess) Modified to link correct event to associated event on 10/31/2022 (cbru, ). |
| Filing 40 MOTION to Appear Pro Hac Vice by William McKinley Dunn ( Filing fee $ 350 receipt number ASCDC-10776895) by Appleton Grp LLC. Response to Motion due by 11/14/2022. 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 Application, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Laffitte, Rebecca) |
| Filing 39 MOTION to Appear Pro Hac Vice by Adam K. Peck ( Filing fee $ 350 receipt number ASCDC-10776415) by Appleton Grp LLC. Response to Motion due by 11/14/2022. 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 Application, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Laffitte, Rebecca) |
| Filing 37 TEXT ORDER: This matter is before the court on a joint motion to continue Rule 26(f) report pending resolution of Continual Energy Inc.'s motion to dismiss filed September 29, 2022 (ECF No. #14 ). The court finds it prudent to stay the scheduling order pursuant to Local Rule 16.00, D.S.C. The scheduling order is, therefore, stayed pending the court's ruling on the motion to dismiss. The joint motion to continue Rule 26(f) report (ECF No. #35 ) is denied as moot. Signed by Honorable Cameron McGowan Currie on 10/28/2022. (cbru, ) |
| Filing 36 Joint Local Rule 26.03 Answers to Interrogatories by Appleton Grp LLC.(Laffitte, Rebecca) (Main Document 36 replaced on 10/27/2022) (cbru, ). |
| Filing 35 Joint MOTION for Extension of Time (Continue Rule 26(f) Report) by Appleton Grp LLC. Response to Motion due by 11/10/2022. 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.(Laffitte, Rebecca) (Main Document 35 replaced on 10/27/2022) (cbru, ). |
| Filing 34 RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Joinder in Plaintiff's Opposition) Response filed by Appleton Grp LLC.Reply to Response to Motion due by 11/3/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Laffitte, Rebecca) |
| Filing 33 RESPONSE in Opposition re #14 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by ACE American Insurance Company.Reply to Response to Motion due by 11/2/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Declaration of Benjamin Staherski, #2 Exhibit B - Draft Amended Complaint)(Sharpe, Patrick) Modified to edit text on 10/26/2022 (cbru, ). |
| Filing 32 Amended Local Rule 26.01 Answers to Interrogatories by ACE American Insurance Company, China Jushi USA Corp.(Sharpe, Patrick) Modified to add filer listed on document and to edit text on 10/20/2022 (cbru, ). |
| Filing 31 ANSWER to Complaint , CROSSCLAIM against Continual Energy Inc. by Appleton Grp LLC.(Laffitte, Rebecca) |
| Filing 30 TEXT ORDER: Plaintiff China Jushi USA Corp.'s response to Local Civil Rule Interrogatory 26.01(C) filed as ECF No. #28 is incomplete. This party is directed to file a complete response to all subparts of the inquiry within three business days of entry of this order. Additionally, Plaintiff ACE American Insurance Company's response to Local Civil Rule Interrogatory 26.01(C) filed as ECF No. #28 is incomplete as to Interrogatory 26.01(C)(3). This party is directed to file a complete response to subpart (C)(3) within three business days of entry of this order. (Supplement due by 10/19/2022) Signed by Honorable Cameron McGowan Currie on 10/14/2022. (cbru, ) |
| Filing 29 TEXT ORDER granting #22 Motion for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The parties shall make the required initial disclosures under Fed. R. Civ. P. 26(a)(1) no later than 30 days after ruling on the motion. (Response to Motion due by 10/28/2022) Signed by Honorable Cameron McGowan Currie on 10/14/2022.(cbru, ) |
| Filing 28 Local Rule 26.01 Answers to Interrogatories by ACE American Insurance Company, China Jushi USA Corp. (Sharpe, Patrick) Modified to add filer listed on document on 10/14/2022 (cbru, ). |
Filing 27
ORDER granting #6 MOTION to Dismiss for Lack of Jurisdiction as to Appleton Group Canada, Ltd. and Emerson Electric Co. Signed by Honorable Cameron McGowan Currie on 10/12/2022. (cbru, )
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| Filing 25 CLERK'S NOTICE: Plaintiffs are 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 October 26, 2022. (cbru, ) |
| Filing 24 DELETION OF DOCKET ENTRY NUMBER 18. Reason: Per request of e-filing attorney. (cbru, ) |
| Filing 22 MOTION for Extension of Time to File Response/Reply as to #14 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ACE American Insurance Company, China Jushi USA Corp.. Response to Motion due by 10/21/2022. 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 Affirmation of Benjamin Staherski) No proposed order.(Sharpe, Patrick) Modified to correct motion relief, add filer listed on document, and to edit text on 10/11/2022 (cbru, ). (Attachment 1 replaced on 10/14/2022) (cbru, ). |
| Filing 21 Letter from Plaintiff Counsel. (Sharpe, Patrick) |
| Filing 19 Withdrawal of Motions: #6 MOTION to Dismiss for Lack of Jurisdiction filed by Appleton Grp LLC. (Laffitte, Rebecca) Modified to edit text on 10/11/2022 (cbru, ). |
| Filing 16 Local Rule 26.01 Answers to Interrogatories by Appleton Group Canada, Ltd..(Laffitte, Rebecca) |
| Filing 15 Local Rule 26.01 Answers to Interrogatories by Continual Energy Inc..(DuRant, Bess) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Continual Energy Inc.. Response to Motion due by 10/13/2022. 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 1- Declaration of Joshua Kahan, #3 Exhibit A to Declaration of Joshua Kahan- Printout from NC Secretary of State regarding Hoffman Building Technologies, #4 Exhibit B to Declaration of Joshua Kahan- Purchase Order, Change Order and Invoice, #5 Exhibit C to Declaration of Joshua Kahan- STS, Ltd Proposal and quote)No proposed order.(DuRant, Bess). Added additional motion relief on 9/30/2022 (cbru, ). |
| Filing 12 CLERK'S NOTICE: Defendant Appleton Group Canada, Ltd. is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed at the time a party first appears. Please file these answers to interrogatories no later than October 13, 2022. (cbru, ) |
| Filing 11 NOTICE OF JOINDER re #6 MOTION to Dismiss for Lack of Jurisdiction by Appleton Group Canada, Ltd. Refiled by the Clerk to correct event type. (cbru, ) |
| Filing 10 SUPPLEMENT by Emerson Electric Co. to #1 Notice of Removal. (Laffitte, Rebecca) Modified to link correct event to associated event on 9/28/2022 (cbru, ). |
| Filing 9 TEXT ORDER: The citizenship allegations in the notice of removal are insufficient to establish diversity in that Defendant Emerson Electric Co. (Emerson) has failed to provide the states of citizenship of all members of the limited liability company Defendant Appleton Grp LLC. See General Technology Applications, Inc. v. Exro Ltda, 388 F.3d 114 (4th Cir. 2004); see also Central W. Va. Energy Co. v. Mountain State Carbon, LLC, 636 F.3d 101, 103 (4th Cir. 2011)). Emerson is, therefore, directed to correct this deficiency no later than October 3, 2022 by filing a supplemental statement of jurisdictional facts. Failure to comply with this order may result in remand for failure to establish subject matter jurisdiction. (Supplement due by 10/3/2022) (cbru, ) |
| Filing 8 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 10/28/2022, Motions to Amend Pleadings due by 12/22/2022, Plaintiffs ID of Expert Witness due by 1/19/2023, Defendants ID of Expert Witnesses Due by 2/16/2023, Records Custodian Affidavit due by 2/16/2023, Discovery due by 4/13/2023, Motion in Limine due by 8/15/2023, Motions due by 4/27/2023, Rule 26(a)(3) Disclosures due by 7/6/2023, Jury Selection Deadline 9/5/2023, ADR Statement due by 5/25/2023, Mediation Due by 6/22/2023. Signed by Honorable Cameron McGowan Currie on 9/23/2022. (cbru, ) |
| Filing 6 MOTION to Dismiss for Lack of Jurisdiction by Appleton Grp LLC, Emerson Electric Co. Response to Motion due by 10/6/2022. 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 Exhibit A - Declaration of Ajay Tripathi, #2 Exhibit 1 to Declaration - Purchase Order, #3 Exhibit 2 to Declaration - Powercom Invoice, #4 Exhibit 3 to Declaration - EGS Invoice, #5 Certificate of Service)No proposed order.(cbru, ) (Attachment 1 replaced on 9/23/2022) (cbru, ). |
| Filing 5 Local Rule 26.01 Answers to Interrogatories by Appleton Grp LLC. (Attachments: #1 Certificate of Service)(cbru, ) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by Emerson Electric Co. (Attachments: #1 Certificate of Service)(cbru, ) |
| Filing 2 CONSENT TO REMOVAL FROM STATE COURT by Appleton Grp LLC. (Attachments: #1 Certificate of Service)(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Richland County Court of Common Pleas, case number 2022-CP-40-04150 (Filing fee $402 receipt number ASCDC-10714460) filed by Emerson Electric Co. (Attachments: #1 Exhibit A - State Court Documents, #2 Certificate of Service)(cbru, ) |
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