Forcke v. Hardy et al
| Emily Helen Forcke |
| Rocky Mountain Express Corporation, Ten Fold Transportation, Inc, Shelton Hardy, Jr., Sanderson Farms, Inc, Rocky Mountain Express Corporation doing business as RMX Global Logistics and Sanderson Farms, Inc. (Processing Division) |
| 4:2020cv01823 |
| May 11, 2020 |
| US District Court for the District of South Carolina |
| Joseph Dawson |
| Sherri A Lydon |
| Motor Vehicle |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 101
ORDER: It is Ordered that RMX's Motion to Dismiss (DE #88 ) is denied for the reasons provided herein. Signed by the Honorable Joseph Dawson, III on 1/24/2022. (lgib, )
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| Filing 100 FOURTH AMENDED SCHEDULING NOTICE.Motions to Amend Pleadings due by 6/17/2022, Plaintiffs ID of Expert Witness due by 7/9/2022, Defendants ID of Expert Witnesses Due by 8/9/2022, Records Custodian Affidavit due by 8/27/2022, Discovery due by 9/27/2022, Motions due by 10/11/2022, Jury Selection Deadline 11/23/2022, Mediation Due by 10/26/2022. Associated Cases: 4:20-cv-01824-JD, 4:20-cv-01823-JD, 4:20-cv-02649-JD. (lgib, ) |
| Filing 99 TEXT ORDER granting [84 in 4:20-cv-02649-JD, 94 in 4:20-cv-01824-JD and 97 in 4:20-cv-01823-JD] Consent Motion to Amend Scheduling Order as provided in the Fourth Amended Scheduling Order. Signed by the Honorable Joseph Dawson, III on 12/16/2021. Associated Cases: 4:20-cv-01824-JD, 4:20-cv-01823-JD, 4:20-cv-02649-JD. (lgib, ) |
| Filing 98 Sealed Document in re document #88 . (Attachments: #1 Exhibit SFI Motor Carrier Agreement, #2 Exhibit All SC Loads, #3 Exhibit Gross Profits, #4 Exhibit Bill of Lading)(Barth, Kevin) |
| Filing 97 Consent MOTION to Amend/Correct Scheduling Order by Louis Scott, Sr. Response to Motion due by 12/29/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 4:20-cv-02649-JD, 4:20-cv-01823-JD, 4:20-cv-01824-JD(Hawkins, Daryl) |
| Filing 96 TEXT ORDER granting unopposed #91 Motion to Seal Plaintiff's Memorandum (with attachments) in Opposition to Defendant's Rocky Mountain Express Corporation, D/B/A RMX Global Logistics Motion to Dismiss Which Includes Record Designated by Defendants as Confidential. Signed by the Honorable Joseph Dawson, III on 12/9/2021. (lgib, ) |
| Filing 94 TEXT ORDER granting (93) Motion to Withdraw as Attorney in case 4:20-cv-01823-JD; granting (90) Motion to Withdraw as Attorney in case 4:20-cv-01824-JD; granting (80) Motion to Withdraw as Attorney in case 4:20-cv-02649-JD. Signed by the Honorable Joseph Dawson, III on 12/1/2021. Associated Cases: 4:20-cv-02649-JD, 4:20-cv-01823-JD, 4:20-cv-01824-JD (lgib, ) |
| Filing 93 MOTION to Withdraw as Attorney William T. Young, III by Rocky Mountain Express Corporation. Response to Motion due by 12/14/2021. 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.(Rheney, T) |
| Filing 92 REPLY to Response to Motion re #88 MOTION to Dismiss Response filed by Rocky Mountain Express Corporation. (Rheney, T) |
| Filing 91 MOTION to Seal Plaintiff's Memo in Opposition to RMX Global Logistics' Motion to Dismiss by Emily Helen Forcke. Response to Motion due by 11/23/2021. 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.(Barth, Kevin) |
| Filing 90 NOTICE of Request for Protection from Court Appearance by Megan Marie Early for April 11, 2022 through and including May 31, 2022 (Early, Megan) |
| Filing 89 NOTICE of Appearance by Ioannis George Conits on behalf of Rocky Mountain Express Corporation (Conits, Ioannis) |
| Filing 88 MOTION to Dismiss by Rocky Mountain Express Corporation. Response to Motion due by 11/9/2021. 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.(Rheney, T) |
| Filing 87 ANSWER to #84 Amended Complaint by Sanderson Farms, Inc. (Processing Division).(Early, Megan) |
| Filing 86 ANSWER to #84 Amended Complaint by Shelton Hardy, Jr, Ten Fold Transportation, Inc.(Diegel, Ronald) |
| Filing 85 SUR REPLY to REPLY to Response to Motion re #65 First MOTION to Amend/Correct Complaint Response filed by Rocky Mountain Express Corporation. (Rheney, T) |
| Filing 84 AMENDED COMPLAINT against All Defendants, filed by Emily Helen Forcke. Service due by 1/10/2022 (Barth, Kevin) |
| Filing 83 TEXT ORDER granting #65 Motion to Amend/Correct in case 4:20-cv-01823-JD; granting #63 Motion to Amend/Correct in case 4:20-cv-01824-JD. Rule 15(a)(2), Fed. R. Civ. P., provides that leave to amend a pleading should be given freely when justice so requires. "The law is well-settled that leave to amend a pleading should be denied only when the amendment would be prejudicial to the opposing party, there has been bad faith on the part of the moving party, or the amendment would be futile." Edwards v. City of Goldsboro, 178 F.3d 231, 242 (4th Cir. 1999) (internal quotation marks and citations omitted). The Fourth Circuit instructs that [i]f the underlying facts or circumstances relied upon by a plaintiff may be a proper subject of relief, he ought to be afforded an opportunity to test his claim on the merits." Pittston Co. v. United States, 199 F.3d 694, 705 (4th Cir. 1999). Defendants Sanderson Farms Inc., ("Sanderson") (DE #69 ) and Rocky Mountain Express Corporation ("RMX") (DE #70 ) oppose Plaintiffs' motions to amend contending that the proposed amendments are futile. Based on the information provided in Plaintiff's motion to amend to include the draft amended complaint, the Court finds that Plaintiff has met the requisite standard and Sanderson and RMX's futility claims would not succeed on a motion to dismiss pursuant to Rule 12(b)(6), Fed. R. Civ. P. See Hall v. Greystar Mgmt. Servs., L.P., 637 Fed. Appx. 93, 97 (4th Cir. 2016); citing, Perkins v. United States, 55 F.3d 910, 917 (4th Cir. 1995); see also, Presley v. City of Charlottesville, 464 F.3d 480, 483 (4th Cir.2006) ("[T]he purpose of Rule 12(b)(6) is to test the sufficiency of a complaint and not to resolve contests surrounding the facts, the merits of a claim, or the applicability of defenses.") (internal quotations and citations omitted). Accordingly, the motion for leave to file an amended complaint is granted, and the Court finds that Defendants' motions to dismiss (DE #47 and DE #48 in 4:20-cv-01823-JD; DE 44 and DE #45 in 4:20-cv-01824-JD) are denied as moot without prejudice. Plaintiffs are directed to file their amended complaint within 10 days. Signed by the Honorable Joseph Dawson, III on 10/8/2021. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD. (lgib, ) |
| Filing 82 TEXT ORDER granting #76 Defendant Rocky Mountain Express Corporation's Motion to File Sur-Reply. Signed by Honorable Joseph Dawson, III on 10/7/2021.(prou, ) |
| Filing 80 THIRD AMEND SCHEDULING ORDER. Motions to Amend Pleadings due by 12/19/2021, Plaintiffs ID of Expert Witness due by 1/10/2022, Defendants ID of Expert Witnesses Due by 2/10/2022, Records Custodian Affidavit due by 2/28/2022, Discovery due by 3/31/2022, Motion in Limine due by 5/27/2022, Motions due by 4/14/2022, Rule 26(a)(3) Disclosures due by 6/6/2022, Jury Selection Deadline 5/27/2022, Mediation Due by 4/29/2022. Signed by the Honorable Joseph Dawson, III on 8/31/2021. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD, 4:20-cv-02649-JD (lgib, ) |
| Filing 79 TEXT ORDER granting (78) Motion to Amend/Correct in case 4:20-cv-01823-JD; granting (76) Motion to Amend/Correct in case 4:20-cv-01824-JD; granting (69) Motion to Amend/Correct in case 4:20-cv-02649-JD. Signed by the Honorable Joseph Dawson, III on 8/31/2021. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD, 4:20-cv-02649-JD (lgib, ) |
| Filing 78 Consent MOTION to Amend/Correct (55 in 4:20-cv-01823-JD, 52 in 4:20-cv-01824-JD, 55 in 4:20-cv-02649-JD) Scheduling Order,, by Sanderson Farms, Inc, Sanderson Farms, Inc. (Processing Division). Response to Motion due by 9/10/2021. 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. Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD, 4:20-cv-02649-JD(Early, Megan) |
| Filing 77 RESPONSE in Opposition re (76 in 4:20-cv-01823-JD) MOTION for Leave to File Sur-Reply Response filed by Emily Helen Forcke, Brent Everett Cornell.Reply to Response to Motion due by 8/27/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 4:20-cv-01824-JD, 4:20-cv-01823-JD(Barth, Kevin) |
| Filing 76 MOTION for Leave to File Sur-Reply by Rocky Mountain Express Corporation. Response to Motion due by 8/20/2021. 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 Exhibit Proposed Sur-Reply of RMX)No proposed order.Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD(Young, William) |
| Filing 75 DELETION OF DOCKET ENTRY NUMBER 73 in 4:20-cv-01823-JD and 71 in 4:20-cv-01824-JD Reason: filed in error by filer. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD (lgib, ) |
| Filing 74 RESPONSE in Opposition re (65 in 4:20-cv-01823-JD) First MOTION to Amend/Correct Complaint, (63 in 4:20-cv-01824-JD) First MOTION to Amend/Correct Complaint Response filed by Emily Helen Forcke.Reply to Response to Motion due by 7/28/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Agreement)Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD(Oliver, Fred) |
| Filing 72 TEXT ORDER granting #71 Consent Motion Extending Time to Reply to Defendants Memorandums in Opposition to Plaintiffs Motion to Amend. Plaintiffs Reply shall be due on or before July 20, 2021. Signed by the Honorable Joseph Dawson, III on 7/13/2021. (lgib, ) |
| Filing 71 Consent MOTION for Extension of Time to File Response/Reply by Emily Helen Forcke. Response to Motion due by 7/27/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD(Oliver, Fred) |
| Filing 70 RESPONSE in Opposition re (63 in 4:20-cv-01824-JD) First MOTION to Amend/Correct Complaint Response filed by Rocky Mountain Express Corporation.Reply to Response to Motion due by 7/13/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD(Young, William) |
| Filing 69 RESPONSE in Opposition re (65 in 4:20-cv-01823-JD) First MOTION to Amend/Correct Complaint, (63 in 4:20-cv-01824-JD) First MOTION to Amend/Correct Complaint Response filed by Sanderson Farms, Inc, Sanderson Farms, Inc. (Processing Division), Sanderson Farms, Inc (Processing Division).Reply to Response to Motion due by 7/13/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD, 4:20-cv-02649-JD(Early, Megan) (Main Document 69 replaced on 7/8/2021 to correct signature as provided by filing user) (lgib, ). |
| Filing 67 TEXT ORDER granting (66) Motion to Withdraw as Attorney. in case 4:20-cv-01823-JD; granting (64) Motion to Withdraw as Attorney. in case 4:20-cv-01824-JD; granting (65) Motion to Withdraw as Attorney. in case 4:20-cv-02649-JD. Signed by the Honorable Joseph Dawson, III on 6/30/2021.Associated Cases: 4:20-cv-02649-JD, 4:20-cv-01823-JD, 4:20-cv-01824-JD. (lgib, ) |
| Filing 66 Consent MOTION to Withdraw as Attorney by Sanderson Farms, Inc. (Processing Division). Response to Motion due by 7/12/2021. 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 Exhibit A - Prop Order Rel. Counsels)Proposed order is being emailed to chambers with copy to opposing counsel.(Prevost, Claude) |
| Filing 65 First MOTION to Amend/Correct Complaint by Emily Helen Forcke. Response to Motion due by 7/6/2021. 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 Exhibit Proposed Amended Complaint)No proposed order.(Oliver, Fred) |
| Filing 64 NOTICE of Appearance by Megan Marie Early on behalf of Sanderson Farms, Inc, Sanderson Farms, Inc. (Processing Division) (Early, Megan) |
| Filing 63 NOTICE of Appearance by Robert Daniel Moseley, Jr on behalf of Sanderson Farms, Inc, Sanderson Farms, Inc. (Processing Division) (Moseley, Robert) |
| Filing 62 NOTICE of Appearance by Fred Oliver on behalf of Emily Helen Forcke Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD(Oliver, Fred) |
| Filing 61 NOTICE of Request for Protection from Court Appearance by Kevin Mitchell Barth for July 2 through July 12, 2021 Associated Cases: 4:20-cv-01824-JD, 4:20-cv-01823-JD(Barth, Kevin) |
| Filing 60 Letter from Kevin M. Barth. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD, 4:20-cv-02649-JD(Barth, Kevin) |
| Filing 59 Letter from Sanderson Farms Inc (Processing Division). (Prevost, Claude) |
| Filing 58 Letter from RMX Requesting hearing on motion to dismiss. Associated Cases: 4:20-cv-01824-JD, 4:20-cv-01823-JD, 4:20-cv-02649-JD(Young, William) |
| Filing 57 Sealed Memorandum in Opposition to Rocky Mountain Express Corporations Motion to Dismiss by Plaintiff's as allowed by Order #56 in 4:20-cv-01823-JD and by Order #53 in case 4:20-cv-01824-JD. (Attachments: #1 Bills of Lading, #2 SC Loads, #3 SFI Agreement) Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD (lgib, ) |
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Filing 56
ORDER: granting (49) Motion to Seal in case 4:20-cv-01823-JD; granting (46) Motion to Seal in case 4:20-cv-01824-JD. Signed by the Honorable Joseph Dawson, III on 3/29/2021. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD. (lgib, )
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| Filing 55 SECOND AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 8/21/2021, Plaintiffs ID of Expert Witness due by 9/12/2021, Defendants ID of Expert Witnesses Due by 10/13/2021, Records Custodian Affidavit due by 10/31/2021, Discovery due by 12/1/2021, Motion in Limine due by 1/27/2022, Motions due by 12/15/2021, Rule 26(a)(3) Disclosures due by 2/6/2022, Jury Selection Deadline 1/27/2022, Mediation Due by 12/30/2021. Signed by Honorable Joseph Dawson, III on 3/26/2021. Associated Cases: 4:20-cv-01824-JD, 4:20-cv-01823-JD, 4:20-cv-02649-JD(prou, ) |
| Filing 54 TEXT ORDER granting (51) Motion to Amend/Correct in case 4:20-cv-01823-JD; granting (48) Motion to Amend/Correct in case 4:20-cv-01824-JD; granting (49) Motion to Amend/Correct in case 4:20-cv-02649-JD Signed by Honorable Joseph Dawson, III on 3/26/2021.Associated Cases: 4:20-cv-01824-JD, 4:20-cv-01823-JD, 4:20-cv-02649-JD(prou, ) |
| Filing 53 REPLY to Response to Motion re (47 in 4:20-cv-01823-JD, 47 in 4:20-cv-01823-JD) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , (44 in 4:20-cv-01824-JD, 44 in 4:20-cv-01824-JD) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Rocky Mountain Express Corporation. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD(Young, William) |
| Filing 52 REPLY to Response to Motion re #48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Sanderson Farms, Inc. (Processing Division). (Prevost, Claude) |
| Filing 51 Joint MOTION to Amend/Correct Scheduling Order by Emily Helen Forcke, Brent Everett Cornell. Response to Motion due by 4/5/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD, 4:20-cv-02649-JD(Barth, Kevin) |
| Filing 50 RESPONSE in Opposition re (45 in 4:20-cv-01824-JD, 45 in 4:20-cv-01824-JD) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , (48 in 4:20-cv-01823-JD, 48 in 4:20-cv-01823-JD) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Emily Helen Forcke, Brent Everett Cornell.Reply to Response to Motion due by 3/25/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD(Barth, Kevin) |
| Filing 49 MOTION to Seal Plaintiffs' Memorandum in Opposition to RMX Global Logistics' Motion to Dismiss by Emily Helen Forcke, Brent Everett Cornell. Response to Motion due by 3/31/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD(Barth, Kevin) |
| Filing 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 3/18/2021. 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. ) by Sanderson Farms, Inc. (Processing Division). No proposed order.(Prevost, Claude) |
| Filing 47 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 3/18/2021. 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. ) by Rocky Mountain Express Corporation. (Attachments: #1 Memo in Support, #2 Exhibit Greenlee Answers to Written Deposition Questions, #3 Exhibit Company Snapshot)No proposed order.(Young, William) |
| Filing 46 Minute Entry. Judge Joseph Dawson, III, held a status conference on January 29, 2021. Counsel for all parties were present and participated with the exception of Ron Diegel, counsel for Defendants Ten Fold Transportation, Inc. and Shelton Hardy, who was excused due to a prior commitment. The parties agreed that the denial of defendants motion to dismiss (without prejudice) triggered a time requirement for the defendants to answer the complaints; however, no default will be entered against the defendants for failure to respond in a timely manner. Instead, all responsive pleadings, including motions to dismiss or answers, shall be due on or before March 4, 2021. During the time between January 29, 2021 and March 4, 2021, discovery may be conducted as to any subject as permitted by the Fed. R. Civil Procedure. The Court is aware that the parties are undertaking discovery for two purposes at this juncture: (a) for establishing or contesting personal jurisdiction in this court; and, (b) for substantive issues related to these three actions. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD, 4:20-cv-02649-JD (lgib, ) |
| Filing 45 Letter from counsel for RMX regarding motions to dismiss. Associated Cases: 4:20-cv-01823-JD, 4:20-cv-01824-JD, 4:20-cv-02649-JD(Young, William) |
| Filing 44 Case Reassigned to Judge Honorable Joseph Dawson, III. Judge Honorable Sherri A Lydon no longer assigned to the case. (cwil, ) |
| Filing 43 CONFIDENTIALITY ORDER. Signed by the Honorable Sherri A Lydon on 1/4/2021. Associated Cases: 4:20-cv-02649-SAL, 4:20-cv-01823-SAL, 4:20-cv-01824-SAL(lgib, ) Modified on 1/5/2021 to correct signature date. (lgib,) |
| Filing 42 TEXT ORDER granting (35) Motion for Confidentiality Order in case 4:20-cv-01823-SAL; granting (34) Motion for Confidentiality Order in case 4:20-cv-01824-SAL; granting (34) Motion for Confidentiality Order in case 4:20-cv-02649-SAL. Signed by the Honorable Sherri A Lydon on 1/4/2021. Associated Cases: 4:20-cv-01823-SAL, 4:20-cv-01824-SAL, 4:20-cv-02649-SAL (lgib, ) |
| Filing 41 TEXT ORDER granting #40 Joint Motion for Extension of Time. In light of the ongoing jurisdictional discovery, the agreement of the parties, and in in the interest of judicial economy and efficiency, the court hereby DENIES the pending motions to dismiss [ECF Nos. #9 , #17 , #19 ] without prejudice to refile following the close of jurisdictional discovery. The parties have until February 4, 2021 to complete jurisdictional discovery. The parties may refile motions to dismiss, if any, by March 4, 2021. Opposition and reply briefs will follow the timing requirements in the local civil rules. All supporting and opposing memoranda shall include additional arguments and issues discovered as part of jurisdictional discovery. Signed by the Honorable Sherri A Lydon on 12/21/2020. (lgib, ) |
| Filing 40 Joint MOTION for Extension of Time to file supplemental memoranda by Rocky Mountain Express Corporation. Response to Motion due by 1/4/2021. 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. Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 4:20-cv-01823-SAL, 4:20-cv-01824-SAL, 4:20-cv-02649-SAL(Young, William) |
| Filing 39 Letter from counsel for Plaintiffs Forcke and Cornell providing current filings in C.H. Robinson case. (Attachments: #1 Exhibit Letter from counsel for RMX dated October 30, 2020, #2 Exhibit Mandate in C.H. Robinson case, #3 Exhibit Order in C.H. Robinson case)Associated Cases: 4:20-cv-01824-SAL, 4:20-cv-01823-SAL, 4:20-cv-02649-SAL(Barth, Kevin) |
| Filing 38 TEXT ORDER: In accordance with the parties agreement to engage in jurisdictional discovery related to the pending motion to dismiss and ECF No. 34 , the court hereby directs the parties to submit supplemental briefing on Rocky Mounting Express Corporation d/b/a RMX Global Logistics (RMX)s Motion to Dismiss for lack of personal jurisdiction as follows: RMX shall file its supplemental memorandum in support of its motion to dismiss by December 21, 2020. Plaintiffs shall file their supplemental memorandum in opposition by January 8, 2021. Signed by the Honorable Sherri A Lydon on 12/7/2020. (lgib, ) |
| Filing 37 DELETION OF DOCKET ENTRY NUMBER 36 Reason: filed in error by Clerk. (lgib, ) |
| Filing 35 Joint MOTION for Confidentiality Order by Rocky Mountain Express Corporation. Response to Motion due by 12/17/2020. 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 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 4:20-cv-01823-SAL, 4:20-cv-01824-SAL, 4:20-cv-02649-SAL(Young, William) |
| Filing 34 MINUTE ENTRY: Rule 16 conference held before the Honorable Sherri A Lydon on October 28, 2020, at 10:45 AM. The parties have submitted an order to consolidate the cases with regard to discovery only. The parties also discussed with the Court outstanding motions in the case referencing jurisdictional and preemptory issues. In light of the parties' agreement to engage in jurisdictional discovery, ECF No. #25 , and the information received from the parties during the Rule 16 conference, the court hereby directs the parties to submit a joint supplemental schedule to include (1) the date on which jurisdictional discovery closes or closed and (2) a supplemental briefing schedule for the pending motion to dismiss in light of the information received during the jurisdictional discovery period. The joint supplemental schedule must be emailed to chambers by November 6, 2020. If the parties are unable to agree, the court will issue a supplemental schedule. Associated Cases: 4:20-cv-01823-SAL, 4:20-cv-01824-SAL (mcot, ) Modified on 10/28/2020 to edit text (mcot, ). |
| Filing 33 AMENDED CONFERENCE AND SCHEDULING ORDER: Motions to Amend Pleadings due by 4/20/2021, Plaintiffs ID of Expert Witness due by 5/13/2021, Defendants ID of Expert Witnesses Due by 6/14/2021, Records Custodian Affidavit due by 7/2/2021, Discovery due by 8/3/2021, Motion in Limine due by 9/30/2021 (written responses are due 7 days after the motion is filed), Motions due by 8/17/2021, Rule 26(a)(3) Disclosures due by 10/11/2021, Mediation Due by 8/31/2021. This case is subject to being called for jury selection and/or trial on or after September 30, 2021. Signed by Honorable Sherri A Lydon on 10/27/2020. (mcot, ) |
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Filing 32
ORDER CONSOLIDATING CASES FOR DISCOVERY PURPOSES ONLY in re: ECF Nos. #30 in 4:20-cv-1823-SAL; #29 in 4:20-cv-1824-SAL; and 28 in 4:20-cv-2649-SAL. Signed by Honorable Sherri A Lydon on 10/28/2020. Associated Cases: 4:20-cv-01823-SAL, 4:20-cv-01824-SAL, 4:20-cv-02649-SAL (mcot, )
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| Filing 31 NOTICE of Appearance by T David Rheney on behalf of Rocky Mountain Express Corporation Associated Cases: 4:20-cv-01823-SAL, 4:20-cv-01824-SAL, 4:20-cv-02649-SAL(Rheney, T) |
| Filing 30 Consent MOTION to Consolidate Cases by Rocky Mountain Express Corporation. Response to Motion due by 11/9/2020. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 4:20-cv-01823-SAL, 4:20-cv-01824-SAL, 4:20-cv-02649-SAL(Young, William) |
| Filing 29 Joint Rule 26(f) Report by Rocky Mountain Express Corporation. (Attachments: #1 LR 26.03 Answers, #2 Proposed Order)(Young, William) |
| Filing 28 NOTICE OF RESCHEDULED HEARING Rule 16 Telephone Conference on 10/28/2020 10:00 AM cancelled and rescheduled to: Pretrial Conference set for 10/28/2020 10:45 AM before Honorable Sherri A Lydon. Plaintiff's counsel is to initiate the call and have all parties on the line before calling the Court at (843) 292-5650. Time Change Only (lgib, ) |
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Filing 27
ORDER AND NOTICE SETTING PRETRIAL TELEPHONE CONFERENCE. The Court will conduct a Rule 16 Telephone Conference on 10/28/2020 10:00 AM before the Honorable Sherri A. Lydon. Plaintiff's counsel is to initiate the call and have all parties on the line before calling the Court at (843) 292-5650. Signed by the Honorable Sherri A Lydon on 10/5/2020. (lgib, )
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| Filing 26 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 10/19/2020, Rule 26 Report due by 10/26/2020, Motions to Amend Pleadings due by 12/21/2020, Plaintiffs ID of Expert Witness due by 1/13/2021, Defendants ID of Expert Witnesses Due by 2/12/2021, Records Custodian Affidavit due by 3/4/2021, Discovery due by 4/5/2021, Motion in Limine due by 6/2/2021, Motions due by 4/19/2021, Rule 26(a)(3) Disclosures due by 6/11/2021, Jury Selection Deadline 6/2/2021, Mediation Due by 5/3/2021. Signed by the Honorable Sherri A Lydon on 10/5/2020. (lgib, ) |
| Filing 25 CONSENT ORDER ALLOWING JURISDICTIONAL DISCOVERY. Signed by the Honorable Sherri A Lydon on 9/22/2020. (lgib, ) |
| Filing 24 REPLY to Response to Motion re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Sanderson Farms, Inc. (Processing Division). (Prevost, Claude) |
| Filing 23 REPLY to Response to Motion re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Rocky Mountain Express Corporation. (Young, William) |
| Filing 22 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction or in the Alternative Plaintiff's Motion for Jurisdictional Discovery Response filed by Emily Helen Forcke.Reply to Response to Motion due by 9/8/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Barth, Kevin) |
| Filing 21 RESPONSE in Opposition re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Emily Helen Forcke.Reply to Response to Motion due by 9/8/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Barth, Kevin) |
| Filing 20 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Emily Helen Forcke.Reply to Response to Motion due by 9/8/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Barth, Kevin) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 9/8/2020. 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. ) by Rocky Mountain Express Corporation. (Attachments: #1 Memo in Support, #2 Exhibit SAFER Web - Company Snapshot)No proposed order.(Young, William) |
| Filing 18 NOTICE of Appearance by Charles Albert Kinney, Jr on behalf of Sanderson Farms, Inc. (Processing Division) (Kinney, Charles) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sanderson Farms, Inc. (Processing Division). Response to Motion due by 9/4/2020. 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. No proposed order.(Prevost, Claude) |
| Filing 16 REPLY to Response to Motion re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Sanderson Farms, Inc. (Prevost, Claude) |
| Filing 15 ANSWER to #12 Amended Complaint by Shelton Hardy, Jr, Ten Fold Transportation, Inc.(Diegel, Ronald) |
| Filing 14 RESPONSE in Opposition re #9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Emily Helen Forcke.Reply to Response to Motion due by 8/19/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Barth, Kevin) |
| Filing 12 AMENDED COMPLAINT against Shelton Hardy, Jr, Rocky Mountain Express Corporation, Ten Fold Transportation, Inc, Sanderson Farms, Inc. (Processing Division), filed by Emily Helen Forcke. Service due by 11/9/2020 (Barth, Kevin) |
| Filing 11 ACCEPTANCE OF SERVICE OF COMPLAINT by Emily Helen Forcke. Rocky Mountain Express Corporation served on 7/27/2020, answer due 8/17/2020. (Attachments: #1 Exhibit Acceptance of Service)(Barth, Kevin) |
| Filing 10 Local Rule 26.01 Answers to Interrogatories by Sanderson Farms, Inc.(Prevost, Claude) |
| Filing 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Sanderson Farms, Inc. Response to Motion due by 8/12/2020. 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. No proposed order.(Prevost, Claude) |
| Filing 8 WAIVER OF SERVICE by Emily Helen Forcke. Sanderson Farms, Inc waiver executed on 6/4/2020, answer due 8/3/2020. (Attachments: #1 Main Document Waiver of the Service of Summons)(Barth, Kevin) |
| Filing 7 Local Rule 26.01 Answers to Interrogatories by Shelton Hardy, Jr, Ten Fold Transportation, Inc.(Diegel, Ronald) |
| Filing 6 ANSWER to Complaint by Shelton Hardy, Jr, Ten Fold Transportation, Inc.(Diegel, Ronald) |
| Filing 5 ACCEPTANCE OF SERVICE OF COMPLAINT by Emily Helen Forcke. Shelton Hardy, Jr served on 5/22/2020, answer due 6/12/2020; Ten Fold Transportation, Inc served on 5/22/2020, answer due 6/12/2020. (Attachments: #1 Exhibit Acceptance of Service)(Barth, Kevin) |
| Filing 4 Summons Issued as to Shelton Hardy, Jr, Rocky Mountain Express Corporation, Sanderson Farms, Inc, Ten Fold Transportation, Inc. Service due by 8/10/2020. (lgib, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Emily Helen Forcke. (lgib, ) |
| Filing 1 COMPLAINT against Shelton Hardy, Jr, Rocky Mountain Express Corporation, Sanderson Farms, Inc, Ten Fold Transportation, Inc (filing fee $400 receipt number 0420-9095301), filed by Emily Helen Forcke. (lgib, ) |
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