Harrelson v. WestRock Services Inc et al
| Randy Harrelson, Jr |
| WestRock Florence Mill 4503, AUKMED Inc and WestRock Services Inc |
| 4:2018cv02651 |
| September 27, 2018 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on November 9, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 28 CONSENT AMENDED SCHEDULING ORDER. Motions to Amend Pleadings due by 4/4/2019, Plaintiffs ID of Expert Witness due by 5/2/2019, Defendants ID of Expert Witnesses Due by 6/24/2019, Records Custodian Affidavit due by 8/1/2019, Discovery due by 10/1/2019, Motions due by 10/15/2019, Rule 26(a)(3) Disclosures due by 10/29/2019, ADR Statement due by 7/15/2019, Mediation Due by 8/15/2019. Motions in limine must be filed at least three weeks prior to date set for trial. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after 12/02/2019. Signed by the Honorable R Bryan Harwell on 11/9/2018. (lsut, ) |
| Filing 27 Local Rule 26.03 Answers to Interrogatories by AUKMED Inc.(Neuschafer, Amy) |
| Filing 26 STIPULATION Waiving 26a1 Initial Disclosures by AUKMED Inc. (Neuschafer, Amy) |
| Filing 25 Local Rule 26.03 Answers to Interrogatories by WestRock Services Inc.(Quisenberry, Brian) |
| Filing 24 Joint Rule 26 Outline of Discovery Plan by WestRock Services Inc.(Quisenberry, Brian) |
| Filing 23 Joint Rule 26(f) Report by WestRock Services Inc.(Quisenberry, Brian) Modified on 11/9/2018 to remove proposed order (lsut, ). |
| Filing 20 STIPULATION of Dismissal With Prejudice As to Defendant WestRock - Florence Mill 4503 by Randy Harrelson, Jr. (Clark, Pheobe) |
| Filing 18 Withdrawal of Motions: #15 MOTION to Amend/Correct Complaint filed by Randy Harrelson, Jr.. (Clark, Pheobe) |
| Filing 17 REPLY to Response to Motion re #10 MOTION to Dismiss Response filed by WestRock Florence Mill 4503. (Quisenberry, Brian) |
| Filing 16 TEXT ORDER: Having reviewed the parties' responses to the Court's TEXT SUA SPONTE ORDER TO SHOW CAUSE, the Court is satisfied that the amount in controversy exceeds the jurisdictional amount and it has diversity jurisdiction over this matter pursuant to 28 U.S.C. 1332. Signed by Honorable R Bryan Harwell on 10/19/2018. (tmcb, ) |
| Filing 15 MOTION to Amend/Correct Complaint by Randy Harrelson, Jr. Response to Motion due by 11/1/2018. 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 Supporting Documents Proposed Amended Complaint)No proposed order.(Clark, Pheobe) |
| Filing 14 RESPONSE in Opposition re #10 MOTION to Dismiss Response filed by Randy Harrelson, Jr.Reply to Response to Motion due by 10/25/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Clark, Pheobe) |
| Filing 12 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 10/24/2018, 26(a) Initial Disclosures due by 11/7/2018, Rule 26 Report due by 11/7/2018, Motions to Amend Pleadings due by 1/2/2019, Plaintiffs ID of Expert Witness due by 2/1/2019, Defendants ID of Expert Witnesses Due by 3/4/2019, Records Custodian Affidavit due by 3/4/2019, Discovery due by 5/2/2019, Motions due by 5/17/2019, Rule 26(a)(3) Disclosures due by 7/31/2019, ADR Statement due by 6/16/2019, Mediation Due by 7/16/2019. Motions in limine must be filed at least three weeks prior to date set for trial. Responses to motions in limine shall be filed within seven (7) days after the motion isfiled. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for trial. This case is subject to being called for jury selection and/or trial on or after 09/03/2019. Signed by the Honorable R Bryan Harwell on 10/04/2018. (lsut, ) |
| Filing 11 ANSWER to Complaint by WestRock Services Inc.(Quisenberry, Brian) (Main Document 11 replaced on 10/9/2018 to replace document with corrected signature as provided by filing user) (lsut, ). |
| Filing 10 MOTION to Dismiss by WestRock Florence Mill 4503. Response to Motion due by 10/18/2018. 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)No proposed order.(Quisenberry, Brian) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by Randy Harrelson, Jr. (Clark, Pheobe) |
| Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by WestRock Florence Mill 4503, WestRock Services Inc. (Attachments: #1 Exhibit A - Letter from Plaintiff's Counsel, dated Sept. 25, 2018, #2 Exhibit B - Plaintiff's W-2 for 2014, #3 Exhibit C - Plaintiff's W-2 for 2015)(Quisenberry, Brian) |
| Filing 7 ANSWER to Complaint by AUKMED Inc.(Neuschafer, Amy) |
| Filing 6 Local Rule 26.01 Answers to Interrogatories by AUKMED Inc.(Neuschafer, Amy) |
| Filing 5 CONSENT TO REMOVAL FROM STATE COURT by AUKMED Inc. (Neuschafer, Amy) |
| Filing 4 SUA SPONTE TEXT ORDER TO SHOW CAUSE: The Defendants removed this case from state court pursuant to 28 U.S.C. 1441 and 1446. Under 1441(a), a defendant is permitted to remove a case to federal court if the court would have had original jurisdiction over the matter. District courts have original jurisdiction "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different States." 28 U.S.C. 1332(a)(1). In the instant case, the Defendants base federal jurisdiction upon diversity jurisdiction pursuant to 1332. However, the Plaintiff did not specify any monetary amount of damages or clearly allege the jurisdictional amount in the Complaint, and the Defendants' notice of removal fails to allege facts adequate to establish that the amount in controversy exceeds the jurisdictional amount. Thus, the amount in controversy is unclear, and this Court may lack diversity jurisdiction. Removal statutes are strictly construed against removal, and any doubts concerning the propriety of removal must be resolved in favor of retained state court jurisdiction. Marshall v. Manville Sales Corp., 6 F.3d 229, 232 (4th Cir. 1993). In addition,"[t]he party seeking removal bears the burden of demonstrating that removal jurisdiction is proper." In Re Blackwater Security Consulting, LLC, 460 F.3d 576, 583 (4th Cir. 2006) (citation omitted). This includes establishing compliance with the removal statute requirements. See Marler v. Amoco Oil Co., 793 F. Supp. 656, 658-59 (E.D.N.C. 1992). Courts must narrowly interpret removal jurisdiction because of the significant federalism concerns that are raised by removing proceedings from state court. Id. Thus, all doubts are resolved in favor of remand. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09 (1941); see also Mulcahey v. Columbia Organic Chems. Co., Inc., 29 F.3d 148, 151 (4th Cir. 1994). THEREFORE, IT IS ORDERED that, not later than five calendar days from the filing of this Order, Defendants shall brief the Court and SHOW CAUSE why this case should not be remanded to the State court for the foregoing reasons. Plaintiff shall file a response not later than five calendar days thereafter and, in that response, include a clarification as to whether Plaintiff intended to pursue, at the time of filing the original complaint, damages in excess of the jurisdictional amount of $75,000. If Plaintiff did not intend to pursue damages adequate to satisfy the jurisdictional threshold at the time of filing and if Plaintiff stipulates to such limitation having a binding effect, the Court will remand this matter to state court. Failure to comply with this order may result in dismissal without prejudice of Plaintiff's case. Signed by Honorable R Bryan Harwell on 9/28/2018. (tmcb, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by WestRock Serivces Inc. (lsut, ) |
| Filing 1 NOTICE OF REMOVAL from Florence County Court of Common Pleas, case number 2018-CP-21-2293 (filing fee $400 receipt number 0420-8024497), filed by WestRock Serivces Inc, WestRock Florence Mill 4503. (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Affidavit of Kevin Alden Maxwell, #3 Exhibit C - Notice of Filing Joint Notice of Removal, #4 Exhibit D - Certificate of Service) (lsut, ) |
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