South Carolina Central Railroad Company LLC v. Sonoco Products Company
| South Carolina Central Railroad Company LLC |
| Sonoco Products Company |
| 4:2021cv00879 |
| March 25, 2021 |
| US District Court for the District of South Carolina |
| Sherri A Lydon |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on May 11, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 27 ANSWER TO AMENDED COUNTERCLAIM #25 by South Carolina Central Railroad Company LLC. (Jenkins, Rivers) Modified on 5/12/2021 to edit text (lgib, ). |
| Filing 26 CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 5/26/2021, Rule 26 Report due by 6/9/2021, Motions to Amend Pleadings due by 7/20/2021, Plaintiffs ID of Expert Witness due by 8/16/2021, Defendants ID of Expert Witnesses Due by 9/13/2021, Records Custodian Affidavit due by 10/4/2021, Discovery due by 11/2/2021, Motion in Limine due by 1/3/2022, Motions due by 11/16/2021, Rule 26(a)(3) Disclosures due by 1/10/2022, Bench Trial Deadline 1/31/2022, Mediation Due by 11/30/2021. Signed by the Honorable Sherri A Lydon on 5/6/2021. (lgib, ) |
| Filing 25 ANSWER to #23 Amended Complaint , COUNTERCLAIM against Sonoco Products Company by Sonoco Products Company. (Attachments: #1 Exhibit A- 1910 ROW Grants - Carolina Fiber and Southern Novelty, #2 Exhibit B - SCRF offer to sell and attachment)(Shealy, Samuel) |
| Filing 24 NOTICE of Cancellation of Hearing: MOTION for Preliminary Injunction set for 4/23/2021 01:00 PM. (lgib, ) |
| Filing 23 AMENDED COMPLAINT of Plaintiff against All Defendants, filed by South Carolina Central Railroad Company LLC. Service due by 7/15/2021 (Tecklenburg, Paul) |
| Filing 21 Withdrawal of Motions: #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by South Carolina Central Railroad Company LLC. (Tecklenburg, Paul) Modified on 4/16/2021 to correct event type. (lgib, ) |
| Filing 20 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order and Preliminary Injunction Response filed by Sonoco Products Company.Reply to Response to Motion due by 4/23/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit of S. Ross Shealy in Opposition to TRO Motion, #2 Exhibit 1 - 2020-07-31 Laird Email and Attachments, #3 Exhibit 2 - 2020-09-23 Williamson letter to Laird, #4 Exhibit 3 - 2020-10-12 SCCR to Sonoco, #5 Exhibit 4 - 2020-12-04 Shealy letter to Laird and Cole, #6 Exhibit 5 - National Railroad Network Map, #7 Exhibit 6 - Rendering of Right of Way Conveyances, #8 Exhibit 7 - CSX Quitclaim Deed 1996, #9 Exhibit 8 - 1996 Sonoco Deed to Baxley, #10 Exhibit 9 - SC State Rail Plan 2014 map, #11 Exhibit 10 - Project Horizon - Executive Leadership Review, #12 Exhibit 11 - Project Horizon Update - Costs and Savings Summary slide, #13 Exhibit 12 - SCDOT Rail Right of Way Inventory)(Shealy, Samuel) |
| Filing 19 Sonoco Products Company's Local Rule 26.01 Answers to Interrogatories by Sonoco Products Company.(Shealy, Samuel) |
| Filing 18 Sonoco Products Company's ANSWER to #1 Complaint, , COUNTERCLAIM against South Carolina Central Railroad Company LLC by Sonoco Products Company. (Attachments: #1 Exhibit A- 1910 ROW Grants - Carolina Fiber and Southern Novelty, #2 Exhibit B - SCRF offer to sell and attachment)(Shealy, Samuel) |
| Filing 16 NOTICE OF RESCHEDULED HEARING on #5 MOTION for Temporary Restraining Order set for 3/31/2021 at 1:00 PM canceled and rescheduled to: MOTION for Preliminary Injunction set for 4/23/2021 01:00 PM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable Sherri A Lydon. (lgib, ) |
| Filing 15 TEXT ORDER granting #11 Motion to Appear Pro Hac Vice.; granting #12 Motion to Appear Pro Hac Vice. Signed by the Honorable Sherri A Lydon on 3/30/2021. (lgib, ) |
Filing 14
ORDER: Plaintiff South Carolina Central Railroad Company, LLCs Motion for Temporary Restraining Order and Preliminary Injunction is DENIED to the extent it seeks a TRO. A ruling on the request for a preliminary injunction is DEFERRED for additional briefing and a full adversarial hearing. The parties are directed to follow the below hearing and briefing schedule:Defendant Sonoco Products Company may file its response in opposition to the request for a preliminary injunction by April 16, 2021.Plaintiff South Carolina Central Railroad Company, LLC may reply no later than April 20, 2021.A full adversarial hearing on the request for a preliminary injunction will be held on April 23, 2021, at 1:00 PM. IT IS SO ORDERED. Signed by the Honorable Sherri A Lydon on 3/30/2021. (lgib, )
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| Filing 13 CERTIFICATE OF SERVICE by South Carolina Central Railroad Company LLC re #5 MOTION for Temporary Restraining Order and Preliminary Injunction, #3 Local Rule 26.01 Answers to Interrogatories, #4 Summons Issued, #1 Complaint, Proof of Service via Process Server (Tecklenburg, Paul) |
| Filing 12 MOTION to Appear Pro Hac Vice by Walker Steven Stewart ( Filing fee $ 350 receipt number 0420-9738048) by South Carolina Central Railroad Company LLC. Response to Motion due by 4/12/2021. 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 Affidavit Application/Affidavit for Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Tecklenburg, Paul) |
| Filing 11 MOTION to Appear Pro Hac Vice by Peter G. Golden ( Filing fee $ 350 receipt number 0420-9737976) by South Carolina Central Railroad Company LLC. Response to Motion due by 4/12/2021. 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 Affidavit Application/Affidavit for Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Tecklenburg, Paul) |
| Filing 10 SUPPLEMENT by South Carolina Central Railroad Company LLC to 7 Order,,,,,,, #5 MOTION for Temporary Restraining Order and Preliminary Injunction Plaintiff's Supplemental Memorandum Regarding Waiver of Fed. R. Civ. P. 65(C) Security Bond. (Tecklenburg, Paul) |
| Filing 9 NOTICE of Appearance by Samuel Ross Beheler Shealy on behalf of Sonoco Products Company (Shealy, Samuel) |
| Filing 8 TEXT ORDER: Plaintiff shall serve a copy of the Verified Complaint, the TRO Motion, this Order, the Notice of Hearing, and the Text Order on the supplemental bond briefing requirement, via email to rshealy@hsblawfirm.com, as well as any other known counsel by 5:00 PM TODAY. Plaintiff shall also serve its supplemental brief on the bond waiver request issue on Defendant at the time of filing. Defendant shall file responses to Plaintiff's TRO Motion [ECF No. #5 ] and Plaintiff's supplemental brief on the waiver of bond no later than NOON on Tuesday, March 30, 2021. IT IS SO ORDERED. Signed by Honorable Sherri A Lydon on 3/26/2021. (hcic, ) |
| Filing 7 TEXT ORDER: This matter is before the court on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (the "TRO Motion"). (ECF No. #5 .) Rule 65 of the Federal Rules of Civil Procedure provides that "[t]he court may issue a preliminary injunction or a temporary restraining order only if the movant gives security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." Fed. R. Civ. P. 65(c). This rule is mandatory and unambiguous. Dist. 17, United Mine Workers of Am. v. A & M Trucking, Inc., 991 F.2d 108, 110 (4th Cir. 1993). Plaintiffs proposed order includes a finding by the court that it will waive the bond requirement, but the TRO Motion fails to address the issue. While the court agrees that it has the discretion to set the bond amount as it sees fit or waive the security requirement, it is required to expressly address the issue of security before allowing any waiver. Pashby v. Delia, 709 F.3d 307, 332 (4th Cir. 2013). In light of this standard, and upon reviewing Plaintiff's Motion, this court is instructing Plaintiff to file a supplemental brief with this court indicating, in no more than three (3) pages, why it believes waiver of bond is appropriate here, including citation to relevant authority, and setting forth its explanation for why it believes Defendant will not suffer any potential damages if it is wrongfully enjoined or restrained. Plaintiff is further instructed to file this briefing no later than 9:00 a.m. on Monday, March 29, 2021. This Order should not be construed as this court's intention to grant Plaintiff's Motion(s), but rather it should be understood as this court's desire to review the Motion(s) before it with sufficient information as to the standard requirements for injunctive relief. Signed by Honorable Sherri A Lydon on 3/26/2021. (hcic, ) |
| Filing 6 NOTICE of Hearing on Motion #5 MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing set for 3/31/2021 at 1:00 PM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before Honorable Sherri A Lydon. (hcic, ) |
| Filing 5 MOTION for Temporary Restraining Order and Preliminary Injunction by South Carolina Central Railroad Company LLC. Response to Motion due by 4/9/2021. 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 Memorandum in Support of Motion for TRO and Preliminary Injunction, #2 Exhibit Exhibit A - Affidavit of Mary Cole, #3 Exhibit Exhibit B - STB Pinelawn Cemetery Decision, #4 Proposed Order Proposed Temporary Restraining Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Tecklenburg, Paul) |
| Filing 4 Summons Issued as to Sonoco Products Company. Service due by 6/24/2021. (hcic, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by South Carolina Central Railroad Company LLC.(hcic, ) |
| Filing 1 COMPLAINT against Sonoco Products Company (filing fee $402 receipt number 0420-9732727), filed by South Carolina Central Railroad Company LLC. (Attachments: #1 Exhibit A - Deeds, #2 Exhibit B - 03/04/2021 Millberg letter to Shealy, #3 Exhibit C - 03/10/2021 Shealy letter to Millberg) (hcic, ) |
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