Awkard v. Rammelsburg et al
| Veronica Awkard |
| Sharon Rammelsburg, Saundra Rammelsburg, Mary Stitcher, William Douglas Management Company and Other Unknown Unnamed Individuals |
| 4:2017cv01542 |
| June 13, 2017 |
| US District Court for the District of South Carolina |
| Florence Office |
| Horry |
| R Bryan Harwell |
| Kaymani D West |
| Housing/Accommodations |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
327
ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts the 296 Report and Recommendation of the Magistrate Judge. Defendant Myrtle Beach Homeowners' Association, Inc's partial motion to dismiss 196 is GRANT ED and Plaintiff's motion to amend 205 is DENIED. All remaining motions [ 284 , 307 , 312 , 324 ] are FOUND as MOOT. Other Unknown/Unnamed Individuals are DISMISSED for failure to prosecute pursuant to Rule 41(b). The Court finds that Pl aintiff is a resident of South Carolina for purposes of determining whether jurisdiction exists pursuant to 28 U.S.C. § 1332; accordingly, the Court does not have original jurisdiction over Plaintiff's state law claims. Finally, the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims. Accordingly, Plaintiff's remaining state law claims are DISMISSED without prejudice to her ability to file this action in state court. Signed by Honorable Donald C Coggins, Jr on 6/14/2019. (prou, )
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Filing
246
ORDER in re: ECF No. 244, Minute Entry. Counsel for Defendant WDM is to provide to the court copies of all discovery requests and responses to the same as to all discovery propounded by Plaintiff or by any Defendant in this ma tter. Plaintiff will appear to complete her deposition to be re-noticed for a location in Florence, South Carolina. Accordingly, Plaintiff's Objection to Deposition/Motion for Protective Order, ECF No. 232 is granted in part. Plaintiff& #039;s Motion to Quash, ECF No. 241 , is denied without prejudice to any party raising objections concerning the documents at a later date. The court orders that Defendant resubmit the subpoenas; the subpoenaed parties (Baltimore VA Me dical Center, Charleston VA Medical Center, and Miami VA Healthcare System) are ordered to produce the requested documents to United States Magistrate Judge Kaymani D. West, United States District Court, 401 W. Evans Street, Florence, SC 29501 . Upon receipt of documents responsive to the subpoenas, the undersigned will treat the documents as confidential and will conduct an in camera review of the documents. During the hearing, counsel for Defendants made an oral motion pursuant to Federal Rule of Civil Procedure 35 for Plaintiff to submit to a mental examination; Plaintiff readily agreed to submit to such an examination. The undersigned finds good cause exists for such an examination to take place and grants the oral m otion. Because Rule 35(2)(B) requires specifications of such an examination's details, counsel for Defendants is to provide that detail to the court and to Plaintiff. As discovery is ongoing because of these issues amongst the parties, the court continues to hold all deadlines in the Amended Scheduling Order, ECF No. 189 , in abeyance. A revised scheduling order will be issued at a later date. IT IS SO ORDERED. Signed by Magistrate Judge Kaymani D West on 2/27/2019. (mcot, ) Modified on 2/27/2019 to edit text (mcot, ).
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Filing
185
ORDER RULING ON REPORT AND RECOMMENDATION: For the foregoing reasons, the Court OVERRULES the parties' objections and ADOPTS the Magistrate Judge's R & R [ECF No. 139 ]. Accordingly, the Court: (1) GRANTS the mo tion to dismiss [ECF No. 82 ] filed by Defendant Mary Stitcher; (2) GRANTS IN PART AND DENIES IN PART the motion to dismiss [ECF No. 77 ] filed by Defendants Sharon Rammelsberg, Sharri Una Rammelsberg, and Saundra LaVon Herrmann; and (3) GRANTS IN PART AND DENIES IN PART the motion to dismiss [ECF No. 86 ] filed by Defendant William Douglas Management, Inc. To clarify, Plaintiff's only remaining claims are: constructive eviction and negligent supervision against Defendan ts Sharon Rammelsberg, Sharri Una Rammelsberg, and Saundra LaVon Herrmann; negligent supervision and intentional interference with contractual relations against Defendant William Douglas Management, Inc.; and the pending federal and state claims against Defendant Myrtle Beach Resort Master Homeowners Association, Inc. (which has answered but not filed a motion to dismiss). IT IS SO ORDERED. Signed by Honorable R Bryan Harwell on 9/27/2018. (prou, )
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