Brandon v. Janssen Pharmaceuticals et al
| Otis Brandon |
| Janssen Pharmaceuticals and Johnson and Johnson, Inc. |
| 3:2023cv04197 |
| August 22, 2023 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Paige J Gossett |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Plaintiff |
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| Filing 20 ***DOCUMENT MAILED #19 Scheduling Order, 17 Order, 18 Order, placed in U.S. Mail from Columbia Clerks Office to Otis Brandon C/O WellPath 4546 Broad River Road Columbia, SC 29210. (apsn) |
Filing 19
SCHEDULING ORDER: Motions to Amend Pleadings due by 11/16/2023, Discovery due by 2/14/2024, Motions due by 3/15/2024. Signed by Magistrate Judge Paige J. Gossett on 10/17/2023. (apsn)
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| Filing 18 DOCKET TEXT ORDER denying #16 Motion to Amend/Correct Complaint, as it is unclear what Plaintiff seeks to amend. If Plaintiff is seeking to amend his complaint, Plaintiff must file a proper motion to amend in accordance with Fed. R. Civ. P 15(a)(2) and attach a complete proposed amended complaint. Further, Plaintiff is reminded that an amended complaint replaces the original complaint and should be complete in itself. See Young v. City of Mount Ranier, 238 F.3d 567, 572 (4th Cir. 2001) ("As a general rule, an amended pleading ordinarily supersedes the original and renders it of no legal effect.") (citation and internal quotation marks omitted); see also 6 Charles Alan Wright et al., Federal Practice and Procedure 1476 (3d ed. 2017) ("A pleading that has been amended under Rule 15(a) supersedes the pleading it modifies and remains in effect throughout the action unless it subsequently is modified. Once an amended pleading is interposed, the original pleading no longer performs any function in the case..."). Any amended complaint filed by Plaintiff is also subject to further initial review by the court pursuant to 28 U.S.C. 1915A. This motion is denied without prejudice for Plaintiff to refile a proper motion and proposed amended complaint, if he so elects. Entered at the direction of Magistrate Judge Paige J. Gossett on 10/17/2023. (kkus, ) |
| Filing 17 DOCKET TEXT ORDER granting for good cause shown #16 Motion for Extension of Time to File Response/Reply as to #6 Defendants' Motion to Dismiss. Plaintiff's time in which to respond is hereby extended to November 3, 2023. Failure to comply may result in dismissal of the Complaint for failure to prosecute. Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978); Fed. R. Civ. P. 41(b). Entered at the direction of Magistrate Judge Paige J. Gossett on 10/17/2023. (kkus, ) |
| Filing 16 MOTION to Amend/Correct Complaint. MOTION for Extension of Time to File Response/Reply to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Otis Brandon (Response to Motion due by 10/18/2023. 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 Certificate of Service, #2 Envelope)Motions referred to Paige J. Gossett.(apsn) |
| Filing 13 Local Rule 26.01 Answers to Interrogatories by Otis Brandon. (Attachments: #1 Envelope)(apsn) |
| Filing 11 ***DOCUMENT MAILED #10 Order to Notify of Address Change, Local Civil Rule 26.01 (D.S.C.) form, placed in U.S. Mail from Columbia Clerks Office to Otis Brandon C/O WellPath 4546 Broad River Road Columbia, SC 29210. (apsn) |
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Filing 10
ORDER directing plaintiff to notify Clerk in writing of any address changes. As a pro se litigant, Plaintiff is directed to submit fully completed and signed answers to the court's interrogatories pursuant to Local Civil Rule 26.01 (D.S.C.), which are attached to this order, within twenty-one (21) days from the date this order is entered (plus three days for mail time). Signed by Magistrate Judge Paige J. Gossett on 09/08/2023. (apsn)
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| Filing 8 ***DOCUMENT MAILED #7 Roseboro Order, placed in U.S. Mail from Columbia Clerks Office to Otis Brandon C/O WellPath 4546 Broad River Road Columbia, SC 29210. (apsn) |
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Filing 7
ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 9/28/2023. 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 Paige J. Gossett on 08/28/2023. (apsn)
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| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Janssen Pharmaceuticals, Johnson and Johnson, Inc.. Response to Motion due by 9/11/2023. 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 Paige J Gossett.(Kitts, Amanda) |
| Filing 5 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Richland County. (Attachments: #1 Exhibit A - Acknowledgment of Receipt of Filing Notice of Removal)(Kitts, Amanda) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Janssen Pharmaceuticals, Johnson and Johnson, Inc.(apsn) |
| Filing 1 NOTICE OF REMOVAL from Richland County Court of Common Pleas, case number 2023-CP-4003373. (Filing fee $ 402 receipt number ASCDC-11278638), filed by Janssen Pharmaceuticals, Johnson and Johnson, Inc.. (Attachments: #1 State Court Documents)(apsn) |
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