Chambers Escape Games, LLC v. Little Spider Creations, Inc. et al
Plaintiff: Chambers Escape Games LLC and Chambers Escape Games, LLC
Defendant: Marc Brawner, Jordan Brawner, Little Spider Creations Inc and Little Spider Creations, Inc.
Case Number: 4:2019cv00402
Filed: February 11, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: R Bryan Harwell
Referring Judge: Mary Geiger Lewis
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on April 9, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 9, 2019 Filing 17 TEXT ORDER: On February 11, 2019, Plaintiff filed this action against Defendants. ECF No. #1 . On February 21, 2019, Plaintiff served Defendant Little Spider Creations, Inc. (LSC) with the summons and complaint in this matter via first class mail delivered to LSC's registered agent, Laurie Brawner. ECF No. #14 . LSC's answer was thus due on or before March 14, 2019. Id. LSC, together with Defendants Marc Brawner and Jordan Brawner (collectively Defendants), filed an answer on March 18, 2019. ECF No. #6 . On March 26, 2019, Defendants filed an amended answer and counterclaims against Plaintiff. ECF No. #11 . On March 27, 2019, Plaintiff filed a motion to strike LSC's answer and amended answer, and a motion for entry of default as to LSC. ECF No. #13 . In its motion, Plaintiff argues LSC's answer was untimely filed; thus LSC's answer and amended answer should be struck. Once LSC's answer and amended answer are struck, Plaintiff requests entry of default as to LSC. Defendants replied in opposition on March 28, 2019. ECF No. #16 . Defendants advance LSC's answer was only untimely by a few days due to LSC's counsel's calendaring error. Defendants aver striking the answer and amended answer and entering default as to LSC would be inappropriate. The Court agrees with Defendants. Fed. R. Civ. P. 12(f) grants the Court discretion to strike. Motions under Fed. R. Civ. P. 12(f), however, are generally disfavored as an extreme sanction. Waste Mgmt. Holdings, Inc. v. Gilmore, 252 F.3d 316, 347 (4th Cir. 2001). Here, LSC delayed answering only a few days beyond the deadline to do so, apparently as the result of counsel's calendaring error. The Court thus declines to impose the sanction of striking LSC's answer and amended answer and accordingly DENIES Plaintiff's motion to strike. Because it denies Plaintiff's motion to strike, Plaintiff's motion for entry of default is RENDERED MOOT. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 4/9/2019.(cbru, )
March 28, 2019 Filing 16 RESPONSE in Opposition re #13 MOTION to Strike #11 Amended Answer to Complaint, Counterclaim, #6 Answer to Complaint; MOTION for Entry of Default. Response filed by Jordan Brawner, Marc Brawner, Little Spider Creations, Inc..Reply to Response to Motion due by 4/4/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Williams, William) Modified to edit text on 3/28/2019 (cbru, ). (Main Document 16 replaced on 3/28/2019) (cbru, ).
March 28, 2019 Filing 15 DELETION OF DOCKET ENTRY NUMBER 12. Reason: Multiple deficiencies. Corrected Filing Document Number #14 . Modified filing date to that of original filing: 3/27/2019. Response due date modified to that of original filing: N/A. (cbru, )
March 27, 2019 Filing 14 SUMMONS Returned Executed by Chambers Escape Games, LLC. Little Spider Creations, Inc. served on 2/21/2019, answer due 3/14/2019. (Attachments: #1 Exhibit A - Proof of Service)(Anthony, Stephanie) Modified to correct filing date and to edit text on 3/28/2019 (cbru, ).
March 27, 2019 Filing 13 MOTION to Strike #11 Amended Answer to Complaint, Counterclaim, #6 Answer to Complaint; MOTION for Entry of Default by Chambers Escape Games, LLC. Response to Motion due by 4/10/2019. 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.(Anthony, Stephanie). Modified to add additional motion relief and to link correct event to associated event on 3/28/2019 (cbru, ).
March 26, 2019 Filing 11 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM against Chambers Escape Games, LLC by Jordan Brawner, Little Spider Creations, Inc., Marc Brawner. (Williams, William)
March 19, 2019 Filing 10 MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 3/19/2019. (cbru, )
March 19, 2019 Filing 9 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 4/22/2019, Motions to Amend Pleadings due by 5/17/2019, Plaintiffs ID of Expert Witness due by 6/17/2019, Defendants ID of Expert Witnesses Due by 7/16/2019, Records Custodian Affidavit due by 7/16/2019, Discovery due by 9/16/2019, Motion in Limine due by 12/31/2019, Motions due by 9/30/2019, Rule 26(a)(3) Disclosures due by 12/13/2019, Jury Selection Deadline 1/21/2020, Mediation Due by 12/2/2019. Signed by Honorable Mary Geiger Lewis on 3/19/2019. (cbru, )
March 18, 2019 Filing 7 Local Rule 26.01 Answers to Interrogatories by Jordan Brawner, Marc Brawner, Little Spider Creations Inc.(Williams, William)
March 18, 2019 Filing 6 ANSWER to #1 Complaint, by Jordan Brawner, Marc Brawner, Little Spider Creations Inc.(Williams, William)
March 14, 2019 Filing 5 Case Reassigned to Judge Honorable Mary Geiger Lewis. Judge Chief Judge R Bryan Harwell no longer assigned to the case. (glev, )
February 13, 2019 Filing 4 Summons Issued as to Jordan Brawner, Marc Brawner, Little Spider Creations Inc. Service due by 5/14/2019. (lsut, )
February 11, 2019 Filing 3 Local Rule 26.01 Answers to Interrogatories by Chambers Escape Games LLC. (lsut, )
February 11, 2019 Filing 1 COMPLAINT against Jordan Brawner, Marc Brawner, Little Spider Creations Inc (filing fee $400 receipt number 0420-8263191), filed by Chambers Escape Games LLC. (Attachments: #1 Exhibit A - Executed Agreement, #2 Exhibit B - Advertisement) (lsut, )

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Defendant: Marc Brawner
Represented By: J Scott Kozacki
Represented By: William Reynolds Williams
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Defendant: Jordan Brawner
Represented By: J Scott Kozacki
Represented By: William Reynolds Williams
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Defendant: Little Spider Creations Inc
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Defendant: Little Spider Creations, Inc.
Represented By: J Scott Kozacki
Represented By: William Reynolds Williams
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Plaintiff: Chambers Escape Games LLC
Represented By: Scott William Anthony
Represented By: Stephanie A Phillips
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Plaintiff: Chambers Escape Games, LLC
Represented By: Scott William Anthony
Represented By: Stephanie P Anthony
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