Helms v. Hilton Resort Corp.
| Jane M Helms |
| Hilton Grand Vacations Hilton Grand Vacations LLC and Hilton Resort Corp. doing business as Hilton Grand Vacations doing business as Hilton Grand Vacations, LLC |
| 4:2021cv01875 |
| June 21, 2021 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| Kaymani D West |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 Job Discrimination (Age) |
| Both |
Docket Report
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This docket was last retrieved on September 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 85 Appeal Remark re #78 Notice of Appeal: Mandate temporarily stayed pending ruling on petition for rehearing or rehearing en banc. (hcic, ) |
| Filing 84 USCA OPINION for #78 Notice of Appeal filed by Jane M Helms. Dismissed. (hcic, ) |
| Filing 83 ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re #78 Notice of Appeal. Electronic record successfully transmitted. (hcic, ) |
Filing 82
ORDER of USCA as to #78 Notice of Appeal filed by Jane M Helms. ORDER filed granting Motion to proceed in forma pauperis. (hcic, )
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| Filing 80 ***DOCUMENTS MAILED: Filed copies w/NEFs of #78 Notice of Appeal, #79 Transmittal Sheet for Notice of Appeal to USCA placed in U.S. Mail from Florence Clerks Office to Jane M Helms 1671 Suncrest Drive Myrtle Beach SC 29577 (hcic, ) |
| Filing 79 Transmittal Sheet for Notice of Appeal to USCA re #78 Notice of Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (hcic, ) |
| Filing 78 NOTICE OF APPEAL as to #72 Summary Judgment by Jane M Helms. Filing fee $ 505, not paid. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov. (Attachments: #1 Letter to Clerk, #2 Envelope) (hcic, ) |
| Filing 76 OBJECTIONS by Jane M Helms to #74 Bill of Costs,. (Hunt, Bonnie) |
| Filing 74 BILL OF COSTS by Hilton Resort Corp..Objections to Bill of Costs deadline 4/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Memo in Support, #2 Exhibit A - Removal Fee, #3 Exhibit B - Deposition Invoices, #4 Exhibit C - Records Invoices)(Satterfield, Andreas) |
| Filing 73 ***DOCUMENT E-MAILED: Certified copy of #71 Order emailed to Horry County Clerk of Court (elvisr@horrycounty.org). Hard copy mailed to the same at P.O. Box 677 Conway, SC 29528. (Attachments: #1 NEF for Order, #2 Email to State Court, #3 Delivery Confirmation) (hcic, ) |
| Filing 72 SUMMARY JUDGMENT entered by the Clerk for Defendant as to Plaintiff's federal claims. (hcic, ) |
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Filing 71
ORDER: This Court OVERRULES Plaintiff's objections [ECF No. #67 ], ADOPTS the Magistrate Judge's R&R [ECF No. #66 ], and GRANTS Defendant's motion for summary judgment [ECF No. #51 ] as to Plaintiff's federal claims. This Court OVERRULES Defendant's objections [ECF No. []69] and DECLINES to retain jurisdiction over Plaintiff's remaining state law claim. Thus, this Court REMANDS Plaintiff's state law claim to the Horry County Court of Common Pleas for further proceedings. Signed by Chief Judge R Bryan Harwell on 3/22/2023.(hcic, )
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| Filing 70 REPLY by Hilton Grand Vacations Hilton Grand Vacations LLC, Hilton Resort Corp. to #67 Objection to Report and Recommendation . (Satterfield, Andreas) |
| Filing 69 OBJECTION to #66 Report and Recommendation by Hilton Resort Corp.. Reply to Objections due by 2/24/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Satterfield, Andreas) |
| Filing 67 OBJECTION to #66 Report and Recommendation by Jane M Helms. Reply to Objections due by 2/23/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Hunt, Bonnie) |
| Filing 66 REPORT AND RECOMMENDATION: The undersigned recommends Defendant's Motion for Summary Judgment, ECF No. #51 , be granted as to Plaintiff's Title VII, ADEA, and ADA causes of action, and the court decline to exercise jurisdiction over Plaintiff's state law claim and remand the remaining claim to the Court of Common Pleas, Horry County, South Carolina. Objections to R&R due by 2/10/2023. 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. Signed by Magistrate Judge Kaymani D West on 1/27/2023. (Attachments: #1 Notice of Right to File Objections)(prou, ) |
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Filing 64
TEXT ORDER: The parties have requested that the remaining trial-related deadlines in the Fourth Amended Scheduling Order (ECF No. #46 ) be held in abeyance until after the district court's ruling on the pending Motion for Summary Judgment. That request, ECF No. #63 , is granted. As appropriate, a revised scheduling order concerning mediation and trial-related deadlines will be issued after the court's order concerning the pending dispositive motion. Signed by Magistrate Judge Kaymani D West on 10/13/2022.(prou, )
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| Filing 63 Joint MOTION for Extension of Time by Hilton Resort Corp. Response to Motion due by 10/26/2022. 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.Motions referred to Kaymani D West.(Satterfield, Andreas) Modified on 10/13/2022 to remove filer not listed on the document (prou, ). |
| Filing 61 REPLY to Response to Motion re #51 MOTION for Summary Judgment Response filed by Hilton Resort Corp. (Satterfield, Andreas) Modified on 9/12/2022 to remove filer not listed on document (prou, ). |
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Filing 60
TEXT ORDER granting protection [ECF No. #59 ] as to Judge Kaymani D. West. This Order does not afford protection from any appearance required before the district court judge assigned to this case, although he may separately grant such protection. Signed by Magistrate Judge Kaymani D West on 9/8/2022. (prou, )
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| Filing 59 NOTICE of Request for Protection from Court Appearance by Bonnie Travaglio Hunt for 10/10/2022 to 10/18/2022 and 1/13/2023 to 1/24/2023 (Hunt, Bonnie) |
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Filing 58
TEXT ORDER: On September 1, 2022, Defendant filed a Motion for Extension of Time to file a reply to Plaintiff's Response to the Motion for Summary Judgment. ECF No. #57 . The Motion is hereby granted. Defendant now has through September 9, 2022 to file a Reply. Signed by Magistrate Judge Kaymani D West on 9/2/2022.(prou, )
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| Filing 57 MOTION for Extension of Time to File Response/Reply as to #56 Response in Opposition to Motion,,,,, by Hilton Resort Corp.. Response to Motion due by 9/15/2022. 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.Motions referred to Kaymani D West.(Satterfield, Andreas) |
| Filing 56 RESPONSE in Opposition re #51 MOTION for Summary Judgment Response filed by Jane M Helms.Reply to Response to Motion due by 9/6/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1. Charge of Discrimination, #2 Exhibit 2. Charge of Discrimination, #3 Exhibit 3. Resume, #4 Exhibit 4. Offer Letter, #5 Exhibit 5. part 1 of Deposition Excerpts, #6 Exhibit 5. part 2 Deposition Excerpts, #7 Exhibit 6. Deposition Exhibit Excerpts, #8 Exhibit 7. Deposition Exhibit Excerpts, #9 Exhibit 8. Wage and Hour Complaint Response, #10 Exhibit 9. Photo, #11 Exhibit 10. Position Statement, #12 Exhibit 11. EEOC Rebuttal, #13 Exhibit 13. Depo excerpts Riley, #14 Exhibit 14. Employment Letters, #15 Exhibit 15. Chargeback policies, #16 Exhibit 16. Post Rescission list, #17 Exhibit 17. part 1 Contract Summaries, #18 Exhibit 17. part 2 Contract Summaries, #19 Exhibit 18. Text, #20 Exhibit 19. Text, #21 Exhibit 20. Depo Excerpts Gorby, #22 Exhibit 21. Depo Excerpts Gibbs, #23 Exhibit 22. Depo Excerpts Meldeau, #24 Exhibit 23. Email, #25 Exhibit 24. August Letter and Status, #26 Exhibit 25. Riley Letter, #27 Exhibit 26. Chargeback complaint, #28 Exhibit 12. Depo Excerpts Dellis)(Hunt, Bonnie) (Main Document 56 replaced on 8/31/2022 as requested by and provided by filer) (hcic, ). (Attachment 6 replaced on 1/12/2023) (prou, ). Modified on 1/12/2023 to replace Attachment 6 per direction of Chambers (prou, ). |
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Filing 54
TEXT ORDER granting #53 Motion for Extension of Time to File Response to #51 MOTION for Summary Judgment. Response is now due August 30, 2022. Signed by Magistrate Judge Kaymani D West on 08/30/2022.(dsto, )
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| Filing 53 First MOTION for Extension of Time , MOTION for Extension of Time to File Response/Reply as to #51 MOTION for Summary Judgment ( Response to Motion due by 9/12/2022. 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 Jane M Helms. No proposed order.Motions referred to Kaymani D West.(Hunt, Bonnie) |
| Filing 51 MOTION for Summary Judgment by Hilton Resort Corp. Response to Motion due by 8/29/2022. 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 A - Excerpts from Deposition of Jane Helms, #3 Exhibit B - Excerpts from Deposition of Roger Gorby, #4 Exhibit C - Excerpts from Deposition of Mike Riley, #5 Exhibit D - Plaintiff's and Defendant's Exhibits, #6 Exhibit E - Code of Conduct, #7 Exhibit F - Excerpts from Deposition of John Gibbs, #8 Exhibit G - Excerpts from Deposition of Allyson Meldeau, #9 Exhibit H - Declaration of Denise Edghill, #10 Exhibit I - Declaration of Allyson Meldeau, #11 Exhibit J - Excerpts from Deposition of Woody Dellis, #12 Exhibit K - Plaintiff's Responses to Defendant's First Set of Interrogatories, #13 Exhibit L - Jane Helms Charge of Discrimination)No proposed order.Motions referred to Kaymani D West.(Satterfield, Andreas) (Main Document 51 replaced on 8/16/2022) (prou, ). (Attachment 1 replaced on 8/16/2022) (prou, ). Modified on 8/16/2022 to replace with corrected documents provided by filing user and to remove filer not listed on document (prou, ). |
| Filing 49 NOTICE of Appearance by Jeffrey Brendan Kelley on behalf of Hilton Grand Vacations Hilton Grand Vacations LLC, Hilton Resort Corp. (Kelley, Jeffrey) |
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Filing 48
TEXT ORDER: Based on the parties' consent, the August 15, 2022 mediation deadline found in the Fourth Amended Scheduling Order, ECF No. #46 , is held in abeyance. The parties' consent motion, ECF No. #47 , is granted. After the district judge's ruling on any dispositive motion a revised mediation deadline will be established as appropriate. Signed by Magistrate Judge Kaymani D West on 6/13/2022.(prou, )
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| Filing 47 MOTION for Relief to delay Mediation by Jane M Helms. Response to Motion due by 6/27/2022. 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.Motions referred to Kaymani D West.(Hunt, Bonnie) |
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Filing 46
FOURTH AMENDED CONFERENCE AND SCHEDULING ORDER: Discovery due by 7/15/2022, Motions due by 8/15/2022, Rule 26(a)(3) Disclosures due by 10/26/2022, ADR Statement due by 7/15/2022, Mediation Due by 8/15/2022. Motions in limine must be filed at least three weeks prior to November 28, 2022. 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 December 28, 2022. Signed by Magistrate Judge Kaymani D West on 4/25/2022. (prou, )
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Filing 45
TEXT ORDER granting #44 Motion to Amend/Correct. Signed by Magistrate Judge Kaymani D West on 4/25/2022.(prou, )
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| Filing 44 Joint MOTION to Amend/Correct #41 Scheduling Order,, by Hilton Grand Vacations Hilton Grand Vacations LLC, Hilton Resort Corp.. Response to Motion due by 5/4/2022. 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.Motions referred to Kaymani D West.(Satterfield, Andreas) |
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Filing 43
TEXT ORDER granting protection [ECF No. #42 ] as to Judge Kaymani D. West. This Order does not afford protection from any appearance required before the district court judge assigned to this case, although he may separately grant such protection. Signed by Magistrate Judge Kaymani D West on 3/1/2022. (prou, )
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| Filing 42 NOTICE of Request for Protection from Court Appearance by Bonnie Travaglio Hunt for April 21, 2022 to May 3, 2022 (Hunt, Bonnie) |
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Filing 41
THIRD AMENDED SCHEDULING ORDER: Discovery due by 5/12/2022, Motions due by 6/13/2022, ADR Statement due by 5/13/2022, Mediation Due by 6/13/2022. No later than 45 days prior to the date set for jury selection the parties shall file and exchange Fed. R. Civ. P. 26(a)(3) pretrial disclosures. Motions in limine must be filed at least three weeks prior to the date set for trial. 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 October 10, 2022 if no dispositive motion is filed. Signed by Magistrate Judge Kaymani D West on 2/25/2022. (prou, )
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Filing 40
TEXT ORDER granting #39 Motion to Amend/Correct. Signed by Magistrate Judge Kaymani D West on 2/25/2022.(prou, )
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| Filing 39 Joint MOTION to Amend/Correct #35 Scheduling Order,, by Hilton Grand Vacations Hilton Grand Vacations LLC, Hilton Resort Corp.. Response to Motion due by 3/10/2022. 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.Motions referred to Kaymani D West.(Satterfield, Andreas) |
| Filing 38 AFFIDAVIT of Records Custodian by Hilton Resort Corp..(Hawkins, Allison) (Main Document 38 replaced on 1/28/2022) (prou, ). Modified on 1/28/2022 to replace with corrected document provided by filing user (prou, ). |
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Filing 35
SECOND AMENDED CONFERENCE AND SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 12/27/2021, Defendants ID of Expert Witnesses Due by 1/7/2022, Records Custodian Affidavit due by 1/28/2022, Discovery due by 3/28/2022, Motions due by 4/27/2022, Rule 26(a)(3) Disclosures due by 6/27/2022, ADR Statement due by 3/28/2022, Mediation Due by 4/27/2022. Motions in limine must be filed at least three weeks prior to July 27, 2022. 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 August 26, 2022. Signed by Magistrate Judge Kaymani D West on 11/17/2021. (prou, )
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Filing 34
TEXT ORDER granting #33 Motion to Amend/Correct. Signed by Magistrate Judge Kaymani D West on 11/17/2021.(prou, )
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| Filing 33 Joint MOTION to Amend/Correct #20 Scheduling Order,,, by Hilton Resort Corp.. Response to Motion due by 11/30/2021. 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.Motions referred to Kaymani D West.(Satterfield, Andreas) |
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Filing 28
TEXT ORDER granting protection [ECF No. #27 ] as to Judge Kaymani D. West. This Order does not afford protection from any appearance required before the district court judge assigned to this case, although he may separately grant such protection. Signed by Magistrate Judge Kaymani D West on 8/26/2021. (prou, )
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| Filing 27 NOTICE of Request for Protection from Court Appearance by Bonnie Travaglio Hunt for January 14, 2022 to January 24, 2022 (Hunt, Bonnie). Modified on 8/19/2021 to replace with corrected document provided by filing user (prou, ). |
| Filing 25 ANSWER to #11 Amended Complaint by Hilton Grand Vacations Hilton Grand Vacations LLC, Hilton Resort Corp..(Satterfield, Andreas) |
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Filing 24
PROTECTIVE ORDER Signed by Magistrate Judge Kaymani D West on 8/3/2021. (prou, )
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Filing 23
TEXT ORDER granting #15 Motion for Protective Order. Signed by Magistrate Judge Kaymani D West on 8/3/2021.(prou, )
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Filing 22
CONFIDENTIALITY ORDER Signed by Magistrate Judge Kaymani D West on 8/3/2021. (prou, )
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Filing 21
TEXT ORDER granting #18 Motion for Confidentiality Order. Signed by Magistrate Judge Kaymani D West on 8/3/2021.(prou, )
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Filing 20
AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 9/27/2021, Plaintiffs ID of Expert Witness due by 10/27/2021, Defendants ID of Expert Witnesses Due by 11/8/2021, Records Custodian Affidavit due by 11/29/2021, Discovery due by 2/28/2022, Motions due by 4/27/2022, ADR Statement due by 2/25/2022, Mediation Due by 3/28/2022. No later than 28 days prior to the date set for jury selection, the parties shall file and exchange Fed. R. Civ. P. 26(a)(3) pretrial disclosures. Motions in limine must be filed at least three weeks prior to the date set for trial. 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 June 27, 2022 if no dispositive motion is filed. Signed by Magistrate Judge Kaymani D West on 8/3/2021. (prou, )
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| Filing 18 Joint MOTION for Confidentiality Order by Hilton Grand Vacations Hilton Grand Vacations LLC, Hilton Resort Corp.. Response to Motion due by 8/16/2021. 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.Motions referred to Kaymani D West.(Satterfield, Andreas) |
| Filing 17 Local Rule 26.03 Answers to Interrogatories by Hilton Resort Corp..(Satterfield, Andreas) |
| Filing 16 Joint Rule 26 Outline of Discovery Plan by Hilton Resort Corp..(Satterfield, Andreas) |
| Filing 15 Joint MOTION for Protective Order by Hilton Grand Vacations Hilton Grand Vacations LLC, Hilton Resort Corp.. Response to Motion due by 8/16/2021. 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.Motions referred to Kaymani D West.(Satterfield, Andreas) |
| Filing 14 Joint Rule 26(f) Report by Hilton Resort Corp..(Satterfield, Andreas) Proposed order is being emailed to chambers with copy to opposing counsel. Modified on 8/2/2021 to edit text. (dsto, ) |
| Filing 13 Local Rule 26.03 Answers to Interrogatories by Jane M Helms.(Hunt, Bonnie) |
| Filing 11 AMENDED COMPLAINT against Hilton Resort Corp., filed by Jane M Helms. Service due by 10/25/2021.(dsto, ) |
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Filing 10
TEXT ORDER: Plaintiff moves to amend the complaint in this matter to correct the names of Defendant. Defendant consents to this amendment. The Motion to Amend, ECF No. #9 , is granted, and the Clerk of Court is instructed to docket the Amended Complaint found at ECF No. #9 -1 as the operative complaint in this matter. Service will be effected when the Clerk dockets the Amended Complaint. Should Defendant determine it should respond to the Amended Complaint, the time for such response as contemplated by Federal Rule of Civil Procedure 15(a)(3) will begin to run when the Amended Complaint is docketed. Signed by Magistrate Judge Kaymani D West on 07/26/2021.(dsto, )
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| Filing 9 First MOTION to Amend/Correct by Jane M Helms. Response to Motion due by 8/9/2021. 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 Exhibit Amended Complaint)No proposed order.Motions referred to Kaymani D West.(Hunt, Bonnie) |
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Filing 7
CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 7/19/2021, 26(a) Initial Disclosures due by 8/2/2021, Rule 26 Report due by 8/2/2021, Motions to Amend Pleadings due by 9/27/2021, Plaintiffs ID of Expert Witness due by 10/27/2021, Defendants ID of Expert Witnesses Due by 11/29/2021, Records Custodian Affidavit due by 11/29/2021, Discovery due by 1/27/2022, Motions due by 2/11/2022, Rule 26(a)(3) Disclosures due by 3/29/2022, ADR Statement due by 2/11/2022, Mediation Due by 3/14/2022. Motions in limine must be filed at least three weeks prior to April 28, 2022. 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 April 28,2022. Signed by Magistrate Judge Kaymani D West on 6/29/2021. (prou, )
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| Filing 6 ANSWER to Complaint (Notice of Removal) by Hilton Grand Vacations Hilton Grand Vacations LLC. (Satterfield, Andreas) Modified on 6/29/2021 to correct event type. (prou, ) |
| Filing 5 Local Rule 26.01 Answers to Interrogatories by Jane M Helms.(Hunt, Bonnie) |
| Filing 4 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Horry County. (Attachments: #1 Supporting Documents Receipt Acknowledgement of Notice of Removal)(Satterfield, Andreas) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Hilton Grand Vacations Hilton Grand Vacations LLC.(prou, ) |
| Filing 1 NOTICE OF REMOVAL from Horry County Common Pleas, case number 2021-CP-26-02843. (Filing fee $ 402 receipt number 0420-9914599), filed by Hilton Grand Vacations Hilton Grand Vacations LLC. (Attachments: #1 Exhibit A - State Court Documents)(prou, ) |
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