Gagum v. Barnes & Noble College Booksellers LLC et al
| Joshua Gagum |
| Barnes & Noble College Booksellers LLC and Jane Doe |
| 4:2021cv03806 |
| November 19, 2021 |
| US District Court for the District of South Carolina |
| R Bryan Harwell |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 21, 2022. A more recent docket listing may be available from PACER.
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Filing 25
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Chief Judge R Bryan Harwell on 9/21/2022. (hcic, )
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Filing 23
AMENDED CONSENT ORDER. Signed by Chief Judge R Bryan Harwell on 8/1/2022. (hcic, )
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Filing 22
CONSENT SECOND AMENDED SCHEDULING ORDER. Discovery due by 10/5/2022, Motions due by 10/20/2022, Rule 26(a)(3) Disclosures due by 12/2/2022, ADR Statement due by 10/19/2022, Mediation Due by 11/18/2022. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. 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 2/3/2023. Signed by Chief Judge R Bryan Harwell on 7/1/2022. (hcic, )
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Filing 21
CONSENT ORDER. Signed by Chief Judge R Bryan Harwell on 7/1/2022. (hcic, )
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Filing 20
TEXT ENTRY: On June 30, 2022, the Court held an informal telephone conference with the parties to discuss some scheduling and discovery issues. Plaintiff's counsel indicated that she would send Defendant discovery requests and finalize Plaintiff's responses to Defendant's discovery requests next week. The call concluded with the parties agreeing to submit a Consent Amended Scheduling Order extending the remaining scheduling order deadlines by 90 days. Signed by Chief Judge R Bryan Harwell on 6/30/2022. (tmcb, )
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| Filing 19 NOTICE of Informal Telephone Conference: Informal Telephone Conference set for 6/30/2022 at 11:15 AM before Chief Judge R Bryan Harwell. Defense counsel should have all counsel on the line before calling Chambers at 843-676-3800.(hcic, ) |
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Filing 17
TEXT ORDER granting #16 Motion to Appear Pro Hac Vice for Lisa M. Yennella-Granese. Signed by Chief Judge R Bryan Harwell on 5/12/2022.(hcic, )
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| Filing 16 MOTION to Appear Pro Hac Vice by Lisa Yennella-Granese ( Filing fee $ 350 receipt number ASCDC-10487521) by Barnes & Noble College Booksellers LLC. Response to Motion due by 5/25/2022. 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 Exhibit Application for Pro Hac Vice, #2 Exhibit Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Williams, Blake) Modified on 5/11/2022 to remove proposed order (hcic, ). |
| Filing 15 AFFIDAVIT of Records Custodian by Barnes & Noble College Booksellers LLC. (Attachments: #1 Affidavit of Records Custodian of Coastal Carolina University)(Williams, Blake) |
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Filing 14
CONSENT AMENDED SCHEDULING ORDER:26(a) Initial Disclosures due by 2/1/2022, Motions to Amend Pleadings due by 3/7/2022, Plaintiffs ID of Expert Witness due by 4/5/2022, Defendants ID of Expert Witnesses Due by 5/5/2022, Records Custodian Affidavit due by 5/5/2022, Discovery due by 7/5/2022, Motions due by 7/20/2022, Rule 26(a)(3) Disclosures due by 9/2/2022, ADR Statement due by 7/19/2022, Mediation Due by 8/18/2022. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. 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 11/3/2022. Signed by Chief Judge R Bryan Harwell on 1/13/2022. (hcic, )
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| Filing 13 Joint Rule 26 Discovery Plan and Local Rule 26.03 Answers to Interrogatories by Barnes & Noble College Booksellers LLC.(Williams, Blake) |
| Filing 12 Joint Rule 26(f) Report by Barnes & Noble College Booksellers LLC.(Williams, Blake) |
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Filing 11
TEXT ORDER: Having reviewed the parties' responses to the Court's TEXT SUA SPONTE ORDER TO SHOW CAUSE, the Court is satisfied that the amount in controversy exceeds the jurisdictional amount and it has diversity jurisdiction over this matter pursuant to 28 U.S.C. 1332. Signed by Chief Judge R Bryan Harwell on 12/15/2021. (tmcb, )
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| Filing 10 RESPONSE TO ORDER TO SHOW CAUSE by Joshua Gagum. (Sarvis, Bryn) |
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Filing 9
CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 12/29/2021, 26(a) Initial Disclosures due by 1/12/2022, Rule 26 Report due by 1/12/2022, Motions to Amend Pleadings due by 3/7/2022, Plaintiffs ID of Expert Witness due by 4/5/2022, Defendants ID of Expert Witnesses Due by 5/5/2022, Records Custodian Affidavit due by 5/5/2022, Discovery due by 7/5/2022, Motions due by 7/20/2022, Rule 26(a)(3) Disclosures due by 9/2/2022, ADR Statement due by 7/19/2022, Mediation Due by 8/18/2022. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. 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 11/3/2022. Signed by Chief Judge R Bryan Harwell on 12/6/2021. (hcic, )
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| Filing 8 ANSWER to Complaint by Barnes & Noble College Booksellers LLC.(Williams, Blake) |
| Filing 7 RESPONSE TO ORDER TO SHOW CAUSE by Barnes & Noble College Booksellers LLC. (Williams, Blake) |
| Filing 6 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Horry County. (Attachments: #1 Exhibit A - Acknowledgment of Filing Removal)(Williams, Blake) |
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Filing 4
SUA SPONTE TEXT ORDER TO SHOW CAUSE: The Defendant removed this case from state court pursuant to 28 U.S.C. 1441 and 1446. Under 1441(a), a defendant is permitted to remove a case to federal court if the court would have had original jurisdiction over the matter. District courts have original jurisdiction "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different States." 28 U.S.C. 1332(a)(1). In the instant case, the Defendant bases federal jurisdiction upon diversity jurisdiction pursuant to 1332. However, the Plaintiff did not specify any monetary amount of damages or clearly allege the jurisdictional amount in the Complaint, and the Defendant's notice of removal fails to allege facts adequate to establish that the amount in controversy exceeds the jurisdictional amount. Thus, the amount in controversy is unclear, and this Court may lack diversity jurisdiction. Removal statutes are strictly construed against removal, and any doubts concerning the propriety of removal must be resolved in favor of retained state court jurisdiction. Marshall v. Manville Sales Corp., 6 F.3d 229, 232 (4th Cir. 1993). In addition,"[t]he party seeking removal bears the burden of demonstrating that removal jurisdiction is proper." In Re Blackwater Security Consulting, LLC, 460 F.3d 576, 583 (4th Cir. 2006) (citation omitted). This includes establishing compliance with the removal statute requirements. See Marler v. Amoco Oil Co., 793 F. Supp. 656, 658-59 (E.D.N.C. 1992). Courts must narrowly interpret removal jurisdiction because of the significant federalism concerns that are raised by removing proceedings from state court. Id. Thus, all doubts are resolved in favor of remand. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09 (1941); see also Mulcahey v. Columbia Organic Chems. Co., Inc., 29 F.3d 148, 151 (4th Cir. 1994). THEREFORE, IT IS ORDERED that, not later than five calendar days from the filing of this Order, Defendant shall brief the Court and SHOW CAUSE why this case should not be remanded to the State court for the foregoing reasons. Plaintiff shall file a response not later than five calendar days thereafter and, in that response, include a clarification as to whether Plaintiff intended to pursue, at the time of filing the original complaint, damages in excess of the jurisdictional amount of $75,000. If Plaintiff did not intend to pursue damages adequate to satisfy the jurisdictional threshold at the time of filing and if Plaintiff stipulates to such limitation having a binding effect, the Court will remand this matter to state court. Failure to comply with this order may result in dismissal without prejudice of Plaintiff's case. Signed by Chief Judge R Bryan Harwell on 11/29/2021. (tmcb, )
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| Filing 3 Local Rule 26.01 Answers to Interrogatories by Barnes & Noble College Booksellers LLC.(hcic, ) |
| Filing 1 NOTICE OF REMOVAL from Horry County Court of Common Pleas, case number 2021-CP-26-04821 (Filing fee $402 receipt number ASCDC-10198045), filed by Barnes & Noble College Booksellers LLC. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Summons)(hcic, ) |
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