Mace v. Berje, Inc. et al
Marlene Mace |
Elan Chemical Company, Inc., Kerry, Inc., Penta Manufacturing Co., Inc., FONA International, Inc., Gamay Foods, Inc., DSM Food Specialties USA, Inc., Frutarom USA, Inc., O'Laughlin Industries, Inc., Sigma-Aldrich, Inc., Centrome, Inc., Berje, Inc., Phoenix Aromas & Essential Oils, Inc. and Edlong Corporation, The |
4:2019cv03438 |
December 9, 2019 |
US District Court for the District of South Carolina |
Mary Geiger Lewis |
Sherri A Lydon |
Personal Inj. Prod. Liability |
28 U.S.C. § 1441 |
Both |
Docket Report
This docket was last retrieved on April 16, 2020. A more recent docket listing may be available from PACER.
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Filing 89 TEXT ORDER granting #88 Motion to Appear Pro Hac Vice. Signed by the Honorable Sherri A Lydon on 01/29/2020. (lgib, ) |
Filing 88 MOTION to Appear Pro Hac Vice by Michelle Corrigan Erikson ( Filing fee $ 250 receipt number 0420-8906920) by O'Laughlin Industries, Inc.. Response to Motion due by 2/10/2020. 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, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Brantley, Terry) |
Filing 87 REPLY to Response to Motion re #82 MOTION to Deny re #81 MOTION to Dismiss for Lack of Jurisdiction Response filed by Edlong Corporation, The. (Smith, Lindsey) |
Filing 86 Local Rule 26.01 Answers to Interrogatories by O'Laughlin Industries, Inc..(Brantley, Terry) |
Filing 85 ANSWER to Complaint by O'Laughlin Industries, Inc..(Brantley, Terry) |
Filing 84 NOTICE of Appearance by Terry O Brantley on behalf of O'Laughlin Industries, Inc. (Brantley, Terry) |
Filing 83 Case Reassigned to Judge Sherri A Lydon. Judge Mary Geiger Lewis no longer assigned to the case. (suro, ) |
Filing 82 MOTION to Deny #81 MOTION to Dismiss for Lack of Jurisdiction by Marlene Mace. Response to Motion due by 1/21/2020. 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 1 - Defendant Edlong's Response to Plaintiff's First Interrogatories, #3 Exhibit 2 - Edlong MSDS's, #4 Exhibit 3 - Deposition of Jerry Edwin Cross (05/29/2019))No proposed order. Filing corrected for event type (cbru, ) Modified to add descriptions to attachments on 1/8/2020 (cbru, ). |
Filing 81 MOTION to Dismiss for Lack of Jurisdiction by Edlong Corporation, The. Response to Motion due by 1/7/2020. 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 1 - Illinois Complaint, #3 Exhibit 2 - Affidavit of Haresh Sapra)No proposed order.(Smith, Lindsey) Modified to edit text on 12/30/2019 (cbru, ). (Attachment 1 replaced on 1/2/2020) (cbru, ). |
Filing 79 Local Rule 26.01 Answers to Interrogatories by Berje, Inc..(Josey, Jon) |
Filing 78 Local Rule 26.01 Answers to Interrogatories by Marlene Mace.(Leyimu, Temitope) |
Filing 77 NOTICE of Appearance by Temitope Olamide Leyimu on behalf of Marlene Mace (Leyimu, Temitope) |
Filing 76 NOTICE of Appearance by Lindsey Laughridge Smith on behalf of Edlong Corporation, The (Smith, Lindsey) |
Filing 75 Local Rule 26.01 Answers to Interrogatories by Edlong Corporation, The.(Smith, Lindsey) |
Filing 73 Local Rule 26.01 Answers to Interrogatories by FONA International, Inc..(Dowling, Curtis) |
Filing 72 NOTICE of Appearance by Curtis W Dowling on behalf of FONA International, Inc. (Dowling, Curtis) |
Filing 71 ***DOCUMENT MAILED #69 Notice Other placed in U.S. Mail from Columbia Clerks Office to Bartholomew J Galvin, Daniel Arik Waitzman, Daniel Emmett O'Brien, Daniel J. Arnett, Daniel K. Cray, Kristin C Foster, Kurt Brendan Drain, Thomas Richardson Burcham, III, William Benjamin Kalbac, Zachary Gordon Shook at the address listed on the docket for each (cbru, ) |
Filing 69 NOTICE OF TRANSFER (cbru, ) |
Filing 68 Case transferred in from District of Illinois Northern; Case Number 1:19-cv-05044. Original file certified copy of transfer order and docket sheet received. |
Filing 67 TRANSFERRED to the USDC District of South Carolina the electronic record. (sxb, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 66 ORDER written by the Honorable Gary Feinerman on 12/6/2019. Defendant Kerry, Inc.'s motion to dismiss #49 is granted. This case is transferred to the District of South Carolina pursuant to 28 U.S.C. 1406(a). Defendant Elan Chemical's motion to dismiss #59 is denied without prejudice to renewal in the District of South Carolina. The Clerk is directed to effectuate the transfer forthwith. The 12/9/2019 status hearing #62 is stricken. Civil case transferred.Mailed notice.(jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 65 NOTICE by Kristin C Foster of Change of Address or Name (Foster, Kristin) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 64 ATTORNEY Appearance for Plaintiff Marlene Mace by Bartholomew J Galvin (Galvin, Bartholomew) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 63 ATTORNEY Appearance for Plaintiff Marlene Mace by Daniel Emmett O'Brien (O'Brien, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 62 MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 12/9/2019 at 9:15 a.m. Motion hearing held. Motions to dismiss and/or transfer #49 #59 are entered and continued. Plaintiff shall respond to the motions by 11/20/2019; movants shall reply by 12/4/2019. Any non-movant wishing to join either or both of those motions shall file their joinders by 11/14/2019. MIDP disclosures are stayed pending further order of court. Plaintiff has until 12/6/2019 to comply with Local Rule 83.15; if Plaintiff failed to comply, Plaintiff's pleadings will be stricken and the case will be dismissed.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 61 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Elan Chemical Company, Inc. (Drain, Kurt) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 60 NOTICE of Motion by Kurt Brendan Drain for presentment of Motion to Dismiss for Failure to State a Claim #59 before Honorable Gary Feinerman on 11/6/2019 at 09:30 AM. (Drain, Kurt) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 59 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant Elan Chemical Company, Inc. (Drain, Kurt) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 58 MINUTE entry before the Honorable Gary Feinerman:Hearing on Defendant's motion to dismiss, or, in the alternative, to transfer venue #49 set for 11/6/2019 at 9:00 a.m. #51 is re-set for 9:30 a.m. TIME CHANGE ONLY. Motion for leave to file motion to dismiss instanter #56 is granted. Defendant Elan Chemical Co. shall file its motion to dismiss as a separate docket entry and notice the motion for presentment on 11/6/2019 at 9:30. Status hearing set for 11/6/2019 at 9:00 a.m. #37 is re-set for 9:30 a.m. TIME CHANGE ONLY.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 57 NOTICE of Motion by Kurt Brendan Drain for presentment of motion for leave to file, motion to dismiss #56 before Honorable Gary Feinerman on 11/6/2019 at 09:00 AM. (Drain, Kurt) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 56 MOTION by Defendant Elan Chemical Company, Inc. for leave to file , MOTION by Defendant Elan Chemical Company, Inc. to dismiss Plaintiff's Complaint, Instanter (Attachments: #1 Exhibit)(Drain, Kurt) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 55 Corporate Disclosure Statement by The Edlong Corporation (Canty, Dawn) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 54 ANSWER to Complaint by The Edlong Corporation(Canty, Dawn) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 53 ATTORNEY Appearance for Defendant Elan Chemical Company, Inc. by Kurt Brendan Drain (Drain, Kurt) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 52 ATTORNEY Appearance for Defendant Elan Chemical Company, Inc. by Daniel J. Arnett (Arnett, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 51 NOTICE of Motion by Karen Minkoff Borg for presentment of motion to dismiss #49 before Honorable Gary Feinerman on 11/6/2019 at 09:00 AM. (Borg, Karen) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 50 MEMORANDUM by Kerry, Inc. in support of motion to dismiss #49 (MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT KERRY, INC.'S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE) (Borg, Karen) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 49 MOTION by Defendant Kerry, Inc. to dismiss (DEFENDANT KERRY, INC.'S MOTION TO DISMISS, OR, IN THE ALTERNATIVE, TO TRANSFER VENUE) (Borg, Karen) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 48 Corporate Disclosure Statement STATEMENT by Berje, Inc. (Pfeiffer, Scott) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 47 Corporate Disclosure STATEMENT by Fona International, Inc. (Kalbac, William) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 46 ANSWER to Complaint with Jury Demand by Fona International, Inc.(Kalbac, William) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 45 ATTORNEY Appearance for Defendant The Edlong Corporation by Kristin L Coveney (Coveney, Kristin) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 44 ANSWER to Complaint with Jury Demand by Berje, Inc.(Pfeiffer, Scott) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 43 MINUTE entry before the Honorable Gary Feinerman:Motion to reassign case #41 is denied. Reassignment under Local Rule 40.4 goes to the judge with the lower-numbered case, not the judge with the higher-numbered case. Motion hearing set for 10/24/2019 #42 is stricken.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 42 NOTICE of Motion by William Benjamin Kalbac for presentment of motion to reassign case #41 before Honorable Gary Feinerman on 10/24/2019 at 09:00 AM. (Kalbac, William) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 41 MOTION by Defendant Fona International, Inc. to reassign case Motion for Reassignment (Kalbac, William) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 40 NOTICE of Voluntary Dismissal by Marlene Mace Without Prejudice of Defendant Gamay Foods, Inc. (Attachments: #1 Exhibit Affidavit of Terrance M. Schneider)(O'Brien, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 39 NOTICE of Voluntary Dismissal by Marlene Mace Without Prejudice of Defendant Penta Manufacturing Co., Inc. (Attachments: #1 Exhibit Affidavit of Mark J. Volpe)(O'Brien, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 38 NOTICE of Voluntary Dismissal by Marlene Mace Without Prejudice of Defendant Gamay Foods, Inc. (O'Brien, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 37 MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 11/6/2019 at 9:00 a.m. For the reasons stated on the record, Plaintiff's motion to remand #12 is denied. Defendants shall respond to the complaint by 10/29/2019.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 36 MINUTE entry before the Honorable Gary Feinerman:The status hearing set for 10/8/2019 at 9:00 a.m. #13 is re-set for 9:15 a.m. TIME CHANGE ONLY. Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 35 MINUTE entry before the Honorable Gary Feinerman:Motion for leave to file an answer and/or otherwise plead #31 is granted. The time for Defendant Berje Inc. to respond to the complaint is extended to 21 days after the ruling on the motion to remand #12 . Motion hearing set for 9/24/2019 #32 is stricken.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 34 Berje Incorporated's Joinder to Fona's Brief in Opposition to Plaintiffs Motion to Remand by Berje, Inc. (Pfeiffer, Scott) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 33 Berje Incorporated's Joinder and Consent to Removal by Berje, Inc. (Pfeiffer, Scott) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 32 Defendant Berje Incorporated's Notice of Motion for Leave to File an Answer and/or Otherwise Plead NOTICE of Motion by Scott Dwight Pfeiffer for presentment of motion for leave to file #31 before Honorable Ruben Castillo on 9/24/2019 at 09:45 AM. (Pfeiffer, Scott) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 31 MOTION by Defendant Berje, Inc. for leave to file (Pfeiffer, Scott) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 30 Attorney Appearance by Berje, Inc. ZGS (Pfeiffer, Scott) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 29 Attorney Appearance by Berje, Inc. (Pfeiffer, Scott) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 28 Attorney Appearance by Berje, Inc. (Cray, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 27 MINUTE entry before the Honorable Gary Feinerman:Motion hearing held. For the reasons stated on the record, Defendant Kerry's motion to dismiss #18 is denied as premature without prejudice to renewal if the court denies the remand motion #12 . Motions for leave to file answer or otherwise plead to the complaint #23 #25 are granted. The time for Defendants Fona International and Edlong Corporation to respond to the complaint is continued until 21 days after the ruling on the motion to remand #12 . Defendant Kerry has the same response date. The 9/16/2019 motion hearings #24 #26 are stricken.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 26 The Edlong Corporation's NOTICE of Motion by Dawn Marie Canty for presentment of motion for leave to file #25 before Honorable Gary Feinerman on 9/16/2019 at 09:00 AM. (Canty, Dawn) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 25 MOTION by Defendant The Edlong Corporation for leave to file an Answer and/or Otherwise Plead (Attachments: #1 Exhibit Exhibit 1: 9-9-19 E-Mail from T Burchman to L Smith)(Canty, Dawn) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 24 NOTICE of Motion by William Benjamin Kalbac for presentment of motion for leave to file #23 before Honorable Gary Feinerman on 9/16/2019 at 09:00 AM. (Kalbac, William) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 23 MOTION by Defendant Fona International, Inc. for leave to file Defendant FONA International, Inc.'s Motion for Leave to File an Answer and/or Otherwise Plead (Kalbac, William) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 22 MINUTE entry before the Honorable Gary Feinerman: Hearing on Defendant Kerry Inc.'s motion to dismiss set for 9/10/2019 at 9:00 a.m. #18 is re-set for 9:30 a.m. TIME CHANGE ONLY. Mailed notice. (mgh, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 21 MINUTE entry before the Honorable Gary Feinerman: The Edlong Corporation's joinder to FONA's brief in opposition to Plaintiff's motion to remand #15 is granted. Defendant The Edlong Corporation may join Defendant Fonas opposition brief #14 . Mailed notice. (mgh, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 20 NOTICE of Motion by Karen Minkoff Borg for presentment of motion to dismiss #18 before Honorable Gary Feinerman on 9/10/2019 at 09:00 AM. (Borg, Karen) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 19 MEMORANDUM by Kerry, Inc. in support of motion to dismiss #18 (MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT KERRY, INC.'S MOTION TO DISMISS) (Borg, Karen) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 18 MOTION by Defendant Kerry, Inc. to dismiss (Borg, Karen) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 17 ATTORNEY Appearance for Defendant Kerry, Inc. by Karen Minkoff Borg (Borg, Karen) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 16 ATTORNEY Appearance for Defendant Kerry, Inc. by Albert Edwin Fowerbaugh, Jr (Fowerbaugh, Albert) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 15 MOTION by Defendant The Edlong Corporation for joinder THE EDLONG CORPORATIONS JOINDER TO FONAS BRIEF IN OPPOSITION TO PLAINTIFFS MOTION TO REMAND (Canty, Dawn) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 14 MEMORANDUM by Fona International, Inc. in Opposition to motion to remand #12 Defendant FONA International, Inc.'s Brief in Opposition to Plaintiff's Motion to Remand (Kalbac, William) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 13 MINUTE entry before the Honorable Gary Feinerman:Status hearing held and continued to 10/8/2019 at 9:00 a.m. Plaintiff's motion to remand #12 is entered and continued. Defendants shall respond by 9/16/2019; Plaintiff shall reply by 9/30/2019.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 12 MOTION by Plaintiff Marlene Mace to remand (Attachments: #1 Exhibit A)(O'Brien, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 11 Joinder and Consent To Removal by The Edlong Corporation (Canty, Dawn) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 10 ATTORNEY Appearance for Defendant The Edlong Corporation by Dawn Marie Canty (Canty, Dawn) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 9 MINUTE entry before the Honorable Gary Feinerman: Status hearing set for 8/26/2019 at 9:00 a.m.Mailed notice. (jlj, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 8 ATTORNEY Appearance for Plaintiff Marlene Mace by Thomas Richardson Burcham, Iii (Burcham, Thomas) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 7 ATTORNEY Appearance for Defendant Fona International, Inc. by Moira H. Pietrowski (Pietrowski, Moira) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 6 ATTORNEY Appearance for Defendant Fona International, Inc. by William Benjamin Kalbac (Kalbac, William) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 5 MAILED Notice of Removal letter to counsel of record. (sxb, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 4 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (sxb, ) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 3 ATTORNEY Appearance for Defendant Fona International, Inc. by Daniel Arik Waitzman (Waitzman, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 2 CIVIL Cover Sheet (Waitzman, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2019L007956) filed by Fona International, Inc. Filing fee $ 400, receipt number 0752-16073870. Complaint (Attachments: #1 Exhibit Exhibit 1)(Waitzman, Daniel) [Transferred from Illinois Northern on 12/11/2019.] |
CASE ASSIGNED to the Honorable Gary Feinerman. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. Case assignment: Random assignment. (td, ) [Transferred from Illinois Northern on 12/11/2019.] |
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