Consys (SC) QRS 16-66, Inc. et al v. CentiMark Corporation
| Consys (SC) QRS 16-66, Inc. and Consys-9 (SC) LLC |
| Centimark Corporation |
| Centimark Corporation |
| Precoat Metals Corp. |
| 3:2024cv04861 |
| September 6, 2024 |
| U.S. District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Personal Property: Other |
| 28 U.S.C. § 1441 Notice of Removal-Property Damage |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 42 REPLY to Response to Motion re #37 MOTION to Dismiss Third-Party Complaint for Improper Venue Response filed by Precoat Metals Corp.. (McDaniel, Kathleen) |
| Filing 41 RESPONSE in Opposition re #37 MOTION to Dismiss Third-Party Complaint for Improper Venue Response filed by CentiMark Corporation.Reply to Response to Motion due by 12/27/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Keibler, Chase) |
| Filing 40 Local Rule 26.01 Answers to Interrogatories by Precoat Metals Corp..(McDaniel, Kathleen) |
| Filing 38 CLERK'S NOTICE: Third Party Defendant 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 December 17, 2024. (cbru, ) |
| Filing 37 MOTION to Dismiss Third-Party Complaint for Improper Venue by Precoat Metals Corp.. Response to Motion due by 12/17/2024. 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.(McDaniel, Kathleen) |
| Filing 36 NOTICE of Appearance by Kathleen McColl McDaniel on behalf of Precoat Metals Corp. (McDaniel, Kathleen) |
| Filing 34 SUMMONS Returned Executed by CentiMark Corporation. Precoat Metals Corp. served on 10/23/2024, answer due 11/13/2024. (Attachments: #1 Proof of Service)(Keibler, Chase) Modified to edit text on 10/29/2024 (cbru, ). |
| Filing 33 CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 2/10/2025, Plaintiff ID of Expert Witness due by 2/10/2025, Defendant ID of Expert Witnesses Due by 3/10/2025, Records Custodian Affidavit due by 3/10/2025, Discovery due by 5/12/2025, Motion in Limine due by 8/19/2025, Motions due by 5/27/2025, Rule 26(a)(3) Disclosures due by 8/8/2025, Jury Selection Deadline 9/9/2025, Mediation Due by 7/28/2025. Signed by Honorable Mary Geiger Lewis on 10/22/2024. (cbru, ) |
| Filing 32 Local Rule 26.03 Answers to Interrogatories by CentiMark Corporation.(Keibler, Chase) |
| Filing 31 Summons Issued as to Precoat Metals Corp. (cbru, ) |
| Filing 30 Rule 26 Outline of Discovery Plan by Consys (SC) QRS 16-66, Inc., Consys-9 (SC) LLC, CentiMark Corporation.(Barnes, Walker) Modified to edit filers on 10/17/2024 (cbru, ). (Main Document 30 replaced on 10/18/2024) (cbru, ). |
| Filing 29 Rule 26(f) Report by Consys (SC) QRS 16-66, Inc., Consys-9 (SC) LLC, CentiMark Corporation.(Barnes, Walker) Modified to edit filers on 10/17/2024 (cbru, ). (Main Document 29 replaced on 10/18/2024) (cbru, ). |
| Filing 28 Local Rule 26.03 Answers to Interrogatories by Consys (SC) QRS 16-66, Inc., Consys-9 (SC) LLC.(Barnes, Walker) |
| Filing 27 Amended Local Rule 26.01 Answers to Interrogatories by Consys (SC) QRS 16-66, Inc., Consys-9 (SC) LLC.(Barnes, Walker) |
| Filing 25 THIRD PARTY COMPLAINT against Precoat Metals Corp., filed by CentiMark Corporation. (Attachments: #1 Exhibit A - Precoat Sales Agreement) (Keibler, Chase) Modified to edit text and filing header on attachment on 10/17/2024 (cbru, ). |
| Filing 24 TEXT ORDER: The Court has reviewed Plaintiffs' #23 answers to the Local Civil Rule 26.01 Interrogatories and determines the answer to Interrogatory H to be unresponsive in that Plaintiff Consys-9 (SC) LLC ("Consys-9") fails to provide information necessary to determine the citizenship of its member which is a limited partnership ("LP"). Citizenship of an LP is determined based on the citizenship of its members, not based on a "state of incorporation" and principal place of business. See N.Y. State Tchrs. Ret. Sys. v. Kalkus, 764 F.2d 1015, 1019 (4th Cir. 1985) ("[F]or purposes of diversity the citizenship of a limited partnership is determined by considering the citizenship of all of its partners, both general and limited.") Additionally, Consys-9's answer to Interrogatory H appears to be inconsistent with its answer to Interrogatory C as it relates to W.P. Carey, Inc. Finally, Plaintiffs' answer to Interrogatory C does not clearly state if any of the parties or their corporate parents are publicly owned. Plaintiffs shall file amended, responsive answers no later than October 17, 2024. IT IS SO ORDERED. (Local Rule 26.01 Answers to Interrogatories due by 10/17/2024.) Signed by Honorable Mary Geiger Lewis on 10/10/2024. (cbru, ) |
| Filing 23 Local Rule 26.01 Answers to Interrogatories by Consys (SC) QRS 16-66, Inc., Consys-9 (SC) LLC.(Barnes, Walker) |
| Filing 22 ANSWER to #15 Amended Complaint by CentiMark Corporation.(Keibler, Chase) |
| Filing 21 TEXT ORDER dismissing as moot #9 Motion to Dismiss for Failure to State a Claim. Signed by Honorable Mary Geiger Lewis on 9/26/2024.(cbru, ) |
| Filing 20 RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Consys (SC) QRS 16-66, Inc., Consys-9 (SC) LLC.Reply to Response to Motion due by 10/2/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - communication with defense counsel)(Barnes, Walker) Modified to edit text on 9/26/2024 (cbru, ). |
| Filing 18 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 8, 2024. (cbru, ) |
| Filing 17 TEXT ORDER granting #14 MOTION to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 9/23/2024. (cbru, ) |
| Filing 15 AMENDED COMPLAINT against CentiMark Corporation filed by Consys (SC) QRS 16-66, Inc., Consys-9 (SC) LLC. Service due by 12/19/2024 (Barnes, Walker) Modified to edit text on 9/20/2024 (cbru, ). |
| Filing 14 MOTION to Appear Pro Hac Vice by Matthew R. Cohen (Filing fee $350 receipt number ASCDC-12004190) by Consys (SC) QRS 16-66, Inc., Consys-9 (SC) LLC. Response to Motion due by 10/4/2024. 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/Affidavit for Pro Hac Vice Admission for Matthew R. Cohen, #2 Certificates of Good Standing for Matthew R. Cohen from Michigan & Illinois) Proposed order is being emailed to chambers with copy to opposing counsel.(Barnes, Walker) Modified to edit text on 9/20/2024 (cbru, ). |
| Filing 13 REPLY by Centimark Corporation to the Standing Order Regarding All Removed Cases Assigned to Judge Mary Geiger Lewis. (Keibler, Chase) |
| Filing 12 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 9/13/2024. (cbru, ) |
| Filing 11 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 10/17/2024, Motions to Amend Pleadings due by 11/12/2024, Plaintiff ID of Expert Witness due by 12/10/2024, Defendant ID of Expert Witnesses Due by 1/9/2025, Records Custodian Affidavit due by 1/9/2025, Discovery due by 3/10/2025, Motion in Limine due by 6/20/2025, Motions due by 3/25/2025, Rule 26(a)(3) Disclosures due by 6/9/2025, Jury Selection Deadline 7/11/2025, Mediation Due by 5/27/2025. Signed by Honorable Mary Geiger Lewis on 9/13/2024. (cbru, ) |
| Filing 10 DELETION OF DOCKET ENTRY NUMBER 8. Reason: Multiple deficiencies. Corrected Filing Document Number #9 . Modified filing date to that of original filing: 9/11/2024. Response due date modified to that of original filing: 9/25/2024. (cbru, ) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Centimark Corporation. Response to Motion due by 9/25/2024. 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 - Centimark Sales Agreement) No proposed order.(Monsell, Jessica) Modified to edit filing date, response due date, and text on 9/12/2024 (cbru, ). |
| Filing 7 NOTICE of Appearance by Jessica Monsell on behalf of Centimark Corporation (Monsell, Jessica) |
| Filing 5 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 9/13/2024) Signed by Honorable Mary Geiger Lewis on 9/6/2024. (cbru, ) |
| Filing 4 CLERK'S NOTICE: Attorney Andrew Walker Barnes is reminded that pursuant to Section 3.4 of the Electronic Case Filing Policies and Procedures "(i)t is the responsibility of all Filing Users to notify the Clerk of Court about a change of name, address, phone number, or facsimile number in a timely manner." (cbru, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Centimark Corporation.(cbru, ) |
| Filing 1 NOTICE OF REMOVAL from Richland County Court of Common Pleas, case number 2024-CP-40-04681 (Filing fee $405 receipt number ASCDC-11976230), filed by Centimark Corporation. (Attachments: #1 Exhibit A - Summons, Complaint, and Service of Process)(cbru, ) |
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