Morris v. Bland et al
Plaintiff: Nancy Morris
Defendant: Hope Clinic LLC, The, Temisan Etikerentse, Sue Brabham, H Wayne DeWitt, Andrew J Bland, Richard T Burkholder, James M Brophy, Leemon E Carner, Patricia D Collins, Charles A Desanto, Ashley A Harber, Jerry Speissegger, Jr, PFC Kansas Daab, John Does, Clifford L McElvogue, Berkeley County, Berkeley County Sheriff's Department, Kendra Moore and Priscilla Garrett
Case Number: 5:2012cv03177
Filed: November 2, 2012
Court: US District Court for the District of South Carolina
Office: Orangeburg Office
County: Berkeley
Presiding Judge: Richard M Gergel
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on June 23, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 23, 2017 Filing 306 USM 285 RETURN OF SERVICE re #300 Writ of Execution as to Richard T. Burkholder (sshe, )
June 23, 2017 Filing 304 TEXT ORDER granting #303 Consent Motion to Substitute Counsel. Daniel R Settana, Jr and Charles A Kinney of The McKay Firm PA will relieve Eugene P Corrigan, III as counsel for Defendants Andrew J Bland, Richard T Burkholder, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. Entered at the Direction of Honorable Richard M Gergel on 6/23/2017.(sshe, )
June 21, 2017 Filing 303 MOTION to Substitute Attorney by Andrew J Bland, Richard T Burkholder, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. Response to Motion due by 7/5/2017. 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.(Kinney, Charles)
June 20, 2017 Filing 302 USM 285 RETURNS OF SERVICE re #301 Writs Returned (sshe, )
May 31, 2017 Filing 301 WRITS of Execution Returned Executed as to Andrew J. Bland, PFC; Leemon Carner, PFC; Jerry Speissegger, Jr, PFC; Priscilla Garrett Bland, SGT. (sshe, )
April 26, 2017 Filing 300 WRIT OF EXECUTION Against Richard T. Burkholder in the amount of: $825,255.10. (sshe, )
April 26, 2017 Filing 299 WRIT OF EXECUTION Against Priscilla Garrett Bland, SGT in the amount of: $825,255.10. (sshe, )
April 26, 2017 Filing 298 WRIT OF EXECUTION Against Jerry Speissegger, Jr, PFC in the amount of: $123,788.27. (sshe, )
April 26, 2017 Filing 297 WRIT OF EXECUTION Against Leemon Carner, PFC in the amount of: $123,788.27. (sshe, )
April 26, 2017 Filing 296 WRIT OF EXECUTION Against Andrew J. Bland, PFC in the amount of: $123,788.27. (sshe, )
April 25, 2017 Filing 295 APPLICATION for WRIT OF EXECUTION Against Richard T. Burkholder in the amount of: $825,255.10. (Johnson, Garrett) Modified docket text on 4/26/2017 (sshe, ).
April 25, 2017 Filing 294 APPLICATION for WRIT OF EXECUTION Against Priscilla Garrett Bland, SGT in the amount of: $825,255.10. (Johnson, Garrett) Modified docket text on 4/26/2017 (sshe, ).
April 25, 2017 Filing 293 APPLICATION for WRIT OF EXECUTION Against Jerry Speissegger, Jr., PFC in the amount of: $123,788.27. (Johnson, Garrett) Modified docket text on 4/26/2017 (sshe, ).
April 25, 2017 Filing 292 APPLICATION for WRIT OF EXECUTION Against Leemon Carner, PFC in the amount of: $123,788.27. (Johnson, Garrett) Modified docket text on 4/26/2017 (sshe, ).
April 25, 2017 Filing 291 APPLICATION for WRIT OF EXECUTION Against Andrew J. Bland, PFC in the amount of: $123,788.27. (Johnson, Garrett) Modified docket text on 4/26/2017 (sshe, ).
March 23, 2017 Filing 290 SATISFACTION OF JUDGMENT PARTIAL by Andrew J Bland, Richard T Burkholder, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. (Attachments: #1 Supporting Documents Receipt and Release)(Corrigan, Eugene)
February 22, 2017 Opinion or Order Filing 288 ORDER GRANTING #283 Plaintiff's Motion to Lift Stay and ORDERING the stay of the execution of the judgment in this matter lifted. Plaintiffs' #284 Motion to Compel is DENIED. J. Matthew Johnson's #287 Motion to Withdraw as Attorney for Defendant Andrew J. Bland and all other Defendants is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/22/2017.(sshe, )
February 22, 2017 Filing 287 MOTION to Withdraw as Attorney by Andrew J Bland. Response to Motion due by 3/8/2017. 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.(Johnson, James)
February 21, 2017 Filing 286 RESPONSE in Opposition re #284 MOTION to Compel Payment Response filed by Andrew J Bland.Reply to Response to Motion due by 2/28/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Corrigan, Eugene)
February 16, 2017 Filing 285 TEXT ORDER re #283 MOTION to Lift Stay and #284 MOTION to Compel. The time to file responses to motions is shortened to 2/21/17. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/16/17. (ltap, )
February 15, 2017 Filing 284 MOTION to Compel Payment by Nancy Morris. Response to Motion due by 3/1/2017. 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 order is being emailed to chambers with copy to opposing counsel.(Johnson, Garrett)
February 15, 2017 Filing 283 MOTION to Lift Stay by Nancy Morris. Response to Motion due by 3/1/2017. 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.(Johnson, Garrett)
December 8, 2016 Filing 282 USCA MANDATE re Judgment, entered 11/16/2016, takes effect this date as to #267 Notice of Appeal,, filed by Leemon E Carner, Jerry Speissegger, Jr, Richard T Burkholder, Andrew J Bland, Priscilla Garrett (Attachments: #1 4CCA Judgment) Refiled corrected event, correct 4CCA documents as of original filing date(sshe, )
November 16, 2016 Filing 281 USCA OPINION for #267 Notice of Appeal filed by Leemon E Carner, Jerry Speissegger, Jr, Richard T Burkholder, Andrew J Bland, Priscilla Garrett. Decision of Appeals Court Affirmed Decision of District Court. (mcot, )
August 24, 2015 Opinion or Order Filing 279 ORDER SUBSTITUTING COUNSEL granting #277 Motion to Substitute Attorney. James A. Stuckey, Esquire, Alissa C. Lietzow, Esquire, and Stuckey Law Offices, LLC are relieved as attorneys for Defendant Richard T. Burkholder in this matter and that Eugene P. Corrigan III, of Corrigan & Chandler LLC, be and hereby is substituted in place thereof. Signed by Honorable Richard M Gergel on 8/24/2015.(sshe, )
August 13, 2015 Opinion or Order Filing 278 ORDER of USCA as to #267 Notice of Appeal,, filed by Leemon E Carner, Jerry Speissegger, Jr, Richard T Burkholder, Andrew J Bland, Priscilla Garrett, relieving James A Stuckey and Alissa C Lietzow from further representation of Richard T Burkholder on appeal. (sshe, )
August 13, 2015 Filing 277 MOTION to Substitute Attorney by Richard T Burkholder. Response to Motion due by 8/31/2015. (Attachments: #1 Proposed Order Proposed Order Substituting Counsel)Proposed order is being emailed to chambers with copy to opposing counsel.(Lietzow, Alissa)
August 13, 2015 Filing 276 NOTICE of Appearance by Eugene Patrick Corrigan, III on behalf of Richard T Burkholder (Corrigan, Eugene)
March 23, 2015 Opinion or Order Filing 275 ORDER granting #272 Motion to Stay Execution of Judgment Pending Appeal. Execution of the judgment is STAYED PENDING APPEAL. This ruling does not effect, in any way, Plaintiffs ability to pursue payment from the IRF. Signed by Honorable Richard M Gergel on 3/23/2015.(sshe, )
March 19, 2015 Filing 274 RESPONSE in Opposition re #272 MOTION to Stay re #238 Judgment,,, #271 Writ of Execution, Response filed by Nancy Morris.Reply to Response to Motion due by 3/30/2015 (Johnson, Garrett)
March 17, 2015 Filing 273 TEXT ORDER: The time to responds to Defendants' Motion to Stay Execution of Judgment (Dkt. No. 272) is shortened to March 23, 2015. IT IS ORDERED THAT execution of the judgment in this case is STAYED pending disposition of Defendants' motion. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/17/15. (ltap, )
March 13, 2015 Filing 272 MOTION to Stay re #238 Judgment,,, #271 Writ of Execution, by Andrew J Bland, Richard T Burkholder, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. Response to Motion due by 3/30/2015. (Attachments: #1 Exhibit A - IRF Policy Declarations Page)No proposed order.(Corrigan, Eugene)
February 26, 2015 Filing 271 WRIT OF EXECUTION Against Andrew J Bland, PFC; Richard T Burkholder, SGT; Leemon E Carner, PFC; Jerry Speissegger, Jr, PFC; Priscilla Garrett, SGT in the amount of: $171,875.00 in compensatory damages; $150,000.00 each in punitive damages as to Defendants Andrew J Bland, Leemon E Carner, Jerry Speissegger, Jr; $1,000,000.00 each in punitive damages as to Defendants Richard T Burkholder and Priscilla Garrett; with post judgment interest. (sshe, )
February 25, 2015 Filing 270 APPLICATION for Writ of Execution by Nancy Morris. (sshe, )
February 2, 2015 Filing 268 Transmittal Sheet for Notice of Appeal to USCA re #267 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. (sshe, )
January 30, 2015 Filing 267 NOTICE OF APPEAL as to #238 Judgment,,, #266 Order,, #260 Order on Motion for Attorney Fees, #259 Order on Motion for Judgment as a Matter of Law, Order on Motion for New Trial, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,,,,,,,,,,, by Andrew J Bland, Richard T Burkholder, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. - Filing fee $ 505, receipt number 0420-5761607. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Corrigan, Eugene)
January 30, 2015 Opinion or Order Filing 266 ORDER The Court grants in part and denies in part costs requested by Plaintiff. Specifically, the Court approves an award of costs as follows: (1) the $17,715.50 in costs not objected to by Defendants; (2) $5,130.19 in costs incurred for hotel expenses; (3) $3,588.16 for jury trial research and mock trial; (4) $1,906.09 in expenses associated with Freeman Ingram; (5) $1,365 in expenses related to Dr. Rich Serra; (6) $1,821.60 for mileage; and(7) $294.08 for miscellaneous expenses. Signed by Honorable Richard M Gergel on 1/30/2015. (sshe, )
January 28, 2015 Filing 265 RESPONSE in Opposition re #239 First MOTION for Attorney Fees Response filed by Richard T Burkholder.Reply to Response to Motion due by 2/9/2015 (Stuckey, James)
January 28, 2015 Filing 264 RESPONSE in Opposition re #239 First MOTION for Attorney Fees Supplemental Response Ordered by Court Response filed by Andrew J Bland, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr.Reply to Response to Motion due by 2/9/2015 (Attachments: #1 Exhibit A - Ingram Subpoena, #2 Exhibit B - Ingram NOD, #3 Exhibit C - Cancellation of Ingram Deposition, #4 Exhibit D - Postage Calculator, #5 Exhibit E - Days Inn Receipt, #6 Exhibit F - GSA Per Diem, #7 Exhibit G - Defs.' Mod. Tbl. of Pl.'s Costs)(Corrigan, Eugene)
January 23, 2015 Filing 263 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Pretrial conference held on 10-8-14, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 2/13/2015. Redacted Transcript Deadline set for 2/23/2015. Release of Transcript Restriction set for 4/23/2015. (dpotocki, )
January 23, 2015 Filing 262 TEXT ORDER: Plaintiff has submitted a supplemental response regarding costs incurred after June 16, 2014. If Defendants wish to file a reply, they may do so on or before 1/28/15. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/23/15. (ltap, )
January 22, 2015 Filing 261 SUPPLEMENT by Nancy Morris to #260 Order on Motion for Attorney Fees . (Attachments: #1 Appendix Updated Case Costs, #2 Appendix Copies of Checks and Invoices)(Leader, Benjamin)
January 15, 2015 Opinion or Order Filing 260 ORDER granting in part and denying in part #239 Motion for Attorney Fees Signed by Honorable Richard M Gergel on 1/15/2015.(sshe, ) Modified on 1/23/2015 Brief requested per Order filed 1/22/2015 at Dkt No #261 Supplement(sshe, ).
December 31, 2014 Opinion or Order Filing 259 ORDER Defendants' Motion for Judgement as a Matter of Law (Dkt. No. #243 ), Motion for New Trial Remittitur (Dkt. No. #244 ), and Motion for New Trial (Dkt. No. #246 ) are DENIED. Defendants' Motion for Setoff (Dkt. No. #245 ) is GRANTED IN PART AND DENIED IN PART. Defendant Burkholder's Motion for Judgment as a Matter of Law, New Trial, New Trial Remittitur, and Setoff (Dkt. No. #242 ) is GRANTED IN PART AND DENIED IN PART. In particular, Burkholder's Motions for Judgment as a Matter of Law, New Trial, and New Trial Remittitur are DENIED, and Burkholder's Motion for Setoff is GRANTED IN PART AND DENIED IN PART. IT IS HEREBY ORDERED THAT the jury verdict for $500,000 in compensatory damages is offset by $328,125 in settlement proceeds. Thus, the verdict for compensatory damages is reduced to $171,875. Signed by Honorable Richard M Gergel on 12/31/2014.(sshe, )
December 18, 2014 Filing 258 Redaction of 257 Transcript of Trial Vol. IV. (dpotocki, )
December 18, 2014 Filing 256 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Vol. III, held on 10-16-14, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 1/8/2015. Redacted Transcript Deadline set for 1/20/2015. Release of Transcript Restriction set for 3/18/2015. (dpotocki, )
December 18, 2014 Filing 255 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Vol. II, held on 10-15-14, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 1/8/2015. Redacted Transcript Deadline set for 1/20/2015. Release of Transcript Restriction set for 3/18/2015. (dpotocki, )
December 18, 2014 Filing 254 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Trial Vol. I, held on 10-14-14, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E-mail 843-723-2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 1/8/2015. Redacted Transcript Deadline set for 1/20/2015. Release of Transcript Restriction set for 3/18/2015. (dpotocki, )
December 15, 2014 Filing 253 REPLY to Response to Motion re #244 MOTION for New Trial Remitittur, #243 MOTION for Judgment as a Matter of Law , #245 MOTION Setoff Against Final Judgment re #176 Order, Terminate Motions, Add and Terminate Parties , #246 MOTION for New Trial Response filed by Andrew J Bland, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. (Corrigan, Eugene) (Main Document 253 replaced on 12/17/2014) (sshe, ). Modified on 12/17/2014 to replace with corrected document (scrivener's error pg 7) as requested and provided by filing user(sshe, ).
December 15, 2014 Filing 252 REPLY to Response to Motion re #242 MOTION for Judgment as a Matter of Law MOTION for New Trial MOTION New trial, Nisi Remittitur, JMOL, Setoff Response filed by Richard T Burkholder. (Stuckey, James)
December 3, 2014 Filing 251 RESPONSE in Opposition re #244 MOTION for New Trial Remitittur, #243 MOTION for Judgment as a Matter of Law , #245 MOTION Setoff Against Final Judgment re #176 Order, Terminate Motions, Add and Terminate Parties , #246 MOTION for New Trial Response filed by Nancy Morris.Reply to Response to Motion due by 12/15/2014 (Johnson, Garrett)
December 3, 2014 Filing 250 RESPONSE in Opposition re #242 MOTION for Judgment as a Matter of Law MOTION for New Trial MOTION New trial, Nisi Remittitur, JMOL, Setoff Response filed by Nancy Morris.Reply to Response to Motion due by 12/15/2014 (Attachments: #1 Exhibit Transcript 10-14, #2 Exhibit Transcript 10-15, #3 Exhibit Transcript 10-16, #4 Exhibit Transcript 10-17)(Johnson, Garrett)
December 3, 2014 Filing 249 Transcript of Proceedings Containing Juror Information. Jury Selection held on September 10, 2014, before Judge Richard M. Gergel. Court Reporter/Transcriber Amy Diaz, Telephone number/E-mail 367-4604.. (adia, )
November 20, 2014 Filing 247 REPLY to Response to Motion re #239 First MOTION for Attorney Fees Response filed by Nancy Morris. (Attachments: #1 Proposed Order Granting Plaintiff's Motion for Costs and Attorney Fees)(Leader, Benjamin)
November 18, 2014 Filing 246 MOTION for New Trial by Andrew J Bland, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. Response to Motion due by 12/5/2014. (Attachments: #1 Memo in Support of Motion for New Trial)No proposed order.(Corrigan, Eugene) Modified on 11/20/2014 to correct filed date (sshe, ). Modified on 11/20/2014 to correct response due date(sshe, ).
November 18, 2014 Filing 245 MOTION Setoff Against Final Judgment re #176 Order, Terminate Motions, Add and Terminate Parties by Andrew J Bland, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. Response to Motion due by 12/5/2014. (Attachments: #1 Memo in Support of Motion for Setoff)No proposed order.(Corrigan, Eugene)
November 18, 2014 Filing 244 MOTION for New Trial Remitittur by Andrew J Bland, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. Response to Motion due by 12/5/2014. (Attachments: #1 Memo in Support of Motion for Remitittur)No proposed order.(Corrigan, Eugene)
November 18, 2014 Filing 243 MOTION for Judgment as a Matter of Law by Andrew J Bland, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. Response to Motion due by 12/5/2014. (Attachments: #1 Memo in Support of Renewed Motions for JMOL)No proposed order.(Corrigan, Eugene)
November 18, 2014 Filing 242 MOTION for Judgment as a Matter of Law ( Response to Motion due by 12/5/2014.), MOTION for New Trial , MOTION New trial, Nisi Remittitur, JMOL, Setoff by Richard T Burkholder. (Attachments: #1 Memo in Support Memo in Support, #2 Exhibit Draft Trial Transcript 10-14-14, #3 Exhibit Draft Trial Transcript 10-15-14, #4 Exhibit Draft Trial Transcript 10-16-14, #5 Exhibit Draft Trial Transcript 10-17-14)No proposed order.(Stuckey, James)
November 10, 2014 Filing 241 RESPONSE in Opposition re #239 First MOTION for Attorney Fees Response filed by Andrew J Bland, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr.Reply to Response to Motion due by 11/20/2014 (Attachments: #1 Exhibit A - Fees Related to Hope Clinic, #2 Exhibit B - Costs Related to Hope Clinic, #3 Exhibit C - Non-specific Costs, #4 Exhibit D - Unreasonable Costs, #5 Exhibit E - Attorney bios)(Corrigan, Eugene)
November 10, 2014 Filing 240 RESPONSE in Opposition re #239 First MOTION for Attorney Fees Response filed by Richard T Burkholder.Reply to Response to Motion due by 11/20/2014 (Attachments: #1 Exhibit Exhibit A: Objected to Attys Fees Based on Relevance, #2 Exhibit Exhibit B: Objected to Attys Fees Based on Excessiveness/Block Billing, #3 Exhibit Exhibit C: Objected to Costs, #4 Supporting Documents Plaintiff's Cost Breakdown for Settlement with The Hope Clinic Defendants)(Stuckey, James)
October 24, 2014 Filing 239 First MOTION for Attorney Fees by Nancy Morris. Response to Motion due by 11/10/2014. (Attachments: #1 Memo in Support of Plaintiff's Motion for Costs and Attorney Fees, #2 Affidavit of Stephen M. Cox, Esquire, #3 Affidavit and Timesheet of Thomas Pope, Esquire, #4 Affidavit and Timesheet of Harold Staley, Esquire, #5 Affidavit and Timesheet of Andrew Creech, Esquire, #6 Affidavit and Timesheet of Jack Leader, Esquire, #7 Affidavit and Timesheet of Garrett Johnson, Esquire, #8 Affidavit and Timesheet of Ben Leader, Esquire, #9 Affidavit and Timesheet of Robin Krecek, #10 Affidavit and Timesheet of Amanda Dotter, #11 Affidavit and Timesheet of Chris Forbis, #12 Supporting Documents Overall Firm Time Sheet - Estate of David Woods, #13 Supporting Documents Overall Case Costs and Expense Sheet, #14 Supporting Documents Contingency Fee Agreement, #15 Proposed Order Proposed Order Granting Plaintiff's Motion for Costs and Attorney Fees)Proposed order is being emailed to chambers with copy to opposing counsel.(Leader, Benjamin)
October 21, 2014 Filing 238 JUDGMENT in favor of Nancy Morris as personal representative of the Estate of David Allan Woods against Andrew J Bland, Jerry Speissegger, Jr, Leemon E Carner, Priscilla Garrett, Richard T Burkholder in actual damages in the amount of Five hundred thousand dollars ($500.000.00) and punitive damages against defendant Andrew J. Bland in the amount of One hundred fifty thousand dollars ($150,000.00); against defendant Richard T. Burkholder in the amount of One million dollars ($1,000,000.00); against defendant Leemon E. Carner in the amount of One hundred fifty thousand dollars ($150,000.00); against defendant Jerry Speissegger in the amount of One hundred fifty thousand ($150,000.00); against defendant Priscilla Garrett in the amount of One million dollars ($1,000,000.00), plus postjudgment interest at the rate of 0.10%. (erav, )
October 17, 2014 Filing 237 RECEIPT by Andrew J Bland, Richard T Burkholder, Leemon E Carner, Priscilla Garrett, Nancy Morris, Jerry Speissegger, Jr for Return of Exhibits of Jury Trial (erav, )
October 17, 2014 Opinion or Order Filing 236 ORDER RETURNING EXHIBITS. Signed by Honorable Richard M Gergel on 10/17/2014. (erav, )
October 17, 2014 Filing 234 JURY VERDICT. (erav, )
October 17, 2014 Filing 232 Jury Notes. (erav, )
October 17, 2014 Filing 231 Witness List. (erav, )
October 17, 2014 Filing 230 Exhibit List. (erav, )
October 17, 2014 Filing 229 Minute Entry. Proceedings held before Honorable Richard M Gergel: Jury Trial completed on 10/17/2014. Jury charge. Jury deliberations. Jury note. Jury verdict for plaintiff published, jury polled. Court returns exhibits to parties introducing them. Court Reporter Debbie Potocki. (erav, )
October 16, 2014 Filing 228 Minute Entry. Proceedings held before Honorable Richard M Gergel: Jury Trial held on 10/16/2014. Witnesses/exhibits presented. Plaintiff's/ defendants' Rest. Court denies defendants' motion for directed verdict. Closing arguments. Court denies defendant's motion for mis-trial. Court recess until 10/17/2014 @ 9:00 AM. Court Reporter Debbie Potocki. (erav, )
October 15, 2014 Filing 226 Minute Entry. Proceedings held before Honorable Richard M Gergel: Jury Trial held on 10/15/2014. Witnesses/exhibits presented. Court to reconvene 10/16/2014 @ 8:45 AM for attorneys and 9:00 AM for jurors. Court Reporter Debbie Potocki. (erav, )
October 14, 2014 Filing 225 Minute Entry. Proceedings held before Honorable Richard M Gergel: Jury Trial held on 10/14/2014. Witnesses and exhibits presented. Court to reconvene 10/15/2014 @ 8:30 AM for attorneys, 9:00 AM for jurors. Court Reporter Debbie Potocki. (erav, )
October 13, 2014 Filing 223 MOTION to Amend/Correct Pre-Trial Brief by Andrew J Bland, Richard T Burkholder, Leemon E Carner, Priscilla Garrett, Jerry Speissegger, Jr. Response to Motion due by 10/30/2014. (Attachments: #1 Exhibit Ex A: Amended Exhibit List, #2 Exhibit Ex B: Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Corrigan, Eugene)
October 10, 2014 Filing 222 STIPULATION of Dismissal with prejudice of state claims by Berkeley County, Berkeley County Sheriff's Department, Andrew J Bland, Richard T Burkholder, Leemon E Carner, Kansas Daab, Priscilla Garrett, Ashley A Harber, Nancy Morris, Jerry Speissegger, Jr. (Attachments: #1 Proposed Order)(Johnson, Garrett)
October 10, 2014 Filing 221 STIPULATION of Dismissal with prejudice as to Defendants Harber, Daab, and Doe(s) by Berkeley County, Berkeley County Sheriff's Department, Andrew J Bland, Richard T Burkholder, Leemon E Carner, Kansas Daab, Priscilla Garrett, Ashley A Harber, Nancy Morris, Jerry Speissegger, Jr. (Attachments: #1 Proposed Order)(Johnson, Garrett)
October 8, 2014 Filing 220 Minute Entry. Proceedings held before Honorable Richard M Gergel: Pretrial Conference held on 10/8/2014. #200 MOTION in Limine granted in part and denied in part on the record. Jury Trial set to begin 10/14/2014 @ 9:30 AM. Court Reporter Debbie Potocki. (erav, )
October 1, 2014 Filing 218 ANSWER to #34 Amended Complaint, by Richard T Burkholder, Ashley A Harber.(Stuckey, James)
September 30, 2014 Filing 217 TEXT ORDER: Plaintiff's Motion to Amend her pre-trial brief to list one additional exhibit (Dkt. No. 216) is GRANTED. This Order does not affect another party's ability to object to the admissibility of the exhibit. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/30/14.(ltap, )
September 29, 2014 Filing 216 MOTION to Amend/Correct by Nancy Morris. Response to Motion due by 10/17/2014. (Attachments: #1 Exhibit Amended Exhibit List, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Johnson, Garrett)
September 29, 2014 Filing 215 TEXT ORDER: For good cause shown and upon consent of the parties, Defendants Burkholder and Harber's Motion for Leave to File an Answer (Dkt. No. 214) is GRANTED. Defendants Burkholder and Harber must file an Answer by October 3, 2014. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/29/14.(ltap, )
September 24, 2014 Filing 214 Consent MOTION for Leave to File Answer by Richard T Burkholder, Ashley A Harber. Response to Motion due by 10/14/2014. (Attachments: #1 Supporting Documents Proposed Answer for Defendants Burkholder and Harber)Proposed order is being emailed to chambers with copy to opposing counsel.(Stuckey, James)
September 24, 2014 Filing 213 NOTICE of Appearance by Benjamin Philip Leader on behalf of Nancy Morris (Leader, Benjamin)
September 23, 2014 Filing 211 ANSWER to #34 Amended Complaint, by Andrew J Bland, Kansas Daab.(Corrigan, Eugene)
September 23, 2014 Filing 210 TEXT ORDER: For good cause shown and upon consent of the parties, Defendants Bland and Daab's Motion for Leave to File an Answer (Dkt. No. 208) is GRANTED. Defendants Bland and Daab must file an Answer within five (5) days of the date of this Order. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/23/14.(ltap, )
September 22, 2014 Filing 209 RESPONSE in Opposition re #200 MOTION in Limine Response filed by Andrew J Bland, Leemon E Carner, Kansas Daab, Priscilla Garrett, Jerry Speissegger, Jr.Reply to Response to Motion due by 10/2/2014 (Attachments: #1 Exhibit A - Case History of State v. Ingram)(Corrigan, Eugene)
September 22, 2014 Filing 208 Consent MOTION for Leave to File Answer by Andrew J Bland, Kansas Daab. Response to Motion due by 10/9/2014. (Attachments: #1 Supporting Documents Proposed Answer for Andrew Bland and Kansas Daab)Proposed order is being emailed to chambers with copy to opposing counsel.(Corrigan, Eugene)
September 16, 2014 Filing 207 TEXT ORDER Counsel for Defendants Burkholder and Harber sent a letter to the Court explaining that these two defendants never answered the Second Amended Complaint because they were never served and stating that these defendants should be dismissed. (Dkt. No. 205). IT IS ORDERED THAT any Defendants who wish to be dismissed for lack of service must file an appropriate motion on or before September 19, 2014. Plaintiff may file a response on or before September 26, 2014. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/16/2014. (sshe, )
September 16, 2014 Filing 206 REPLY by Nancy Morris to #205 Letter re Service on Burkholder and Harber. (Attachments: #1 Exhibit Materials mailed to Burkholder, #2 Exhibit Certified mailing receipt signed by Burkholder, #3 Exhibit Waiver of service signed by Burkholder, #4 Exhibit Acceptance of service for Harber, #5 Exhibit Affidavit of service for Bland, #6 Addendum OCR version of main document (unsigned))(Johnson, Garrett)
September 16, 2014 Filing 205 Letter from James Stuckey dated 9/15/14 re: Lack of Service on Richard Burkholder and Ashley Harber. (ltap, )
September 10, 2014 Filing 204 Jury List. (erav, )
September 10, 2014 Filing 203 Panel Strike List. (erav, )
September 10, 2014 Filing 202 Minute Entry. Proceedings held before Honorable Richard M Gergel: Jury Selection held on 9/10/2014. 10 jurors sworn and seated. Trial set to begin 10/14/2014 at 10:00 AM. Court Reporter Amy Diaz. (erav, )
September 10, 2014 Filing 201 NOTICE of Hearing: Pretrial Conference set for 10/8/2014 at 2:00 PM in Charleston Courtroom TBD, U. S. Court House, 81 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, )
September 5, 2014 Filing 200 MOTION in Limine by Nancy Morris. Response to Motion due by 9/22/2014. (Attachments: #1 Exhibit Rap sheet, #2 Exhibit Trident records 1, #3 Exhibit Trident records 2, #4 Exhibit Ingram disposition, #5 Exhibit AG opinion 1, #6 Exhibit AG opinion 2, #7 Exhibit AG opinion 3)Proposed order is being emailed to chambers with copy to opposing counsel.(Johnson, Garrett)
August 29, 2014 Opinion or Order Filing 198 ORDER granting in part and denying in part Defendants' #149 Motion for Summary Judgment, #150 Motion for Summary Judgment. The Court GRANTS summary judgment as to and DISMISSES Plaintiff's Third Cause of Action for Intentional Infliction of Emotional Distress. The Court also GRANTS summary judgment in favor of Defendants Brophy, DeSanto, Moore, Dewitt, and McElvogue as to Plaintiff's Section 1983 claim, and these Defendants are DISMISSED from this action. The Court DENIES Defendants' motions for summary judgment as to Plaintiff's Section 1983 claims against Defendants Bland, Burkholder, Carner, Harber, Speissegger, Daab, and Garrett. Signed by Honorable Richard M Gergel on 8/29/2014.(sshe, ) Modified text for punctuation on 8/29/2014 (sshe, ).
August 21, 2014 Filing 197 REPLY to Response to Motion re #150 MOTION for Summary Judgment Supplemental Response filed by Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. (Corrigan, Eugene)
August 20, 2014 Filing 196 RESPONSE in Opposition re #150 MOTION for Summary Judgment Supplemental Response filed by Nancy Morris.Reply to Response to Motion due by 9/2/2014 (Attachments: #1 Exhibit Bland voluntary statement 1, #2 Exhibit Bland voluntary statement 2, #3 Exhibit Bland voluntary statement 3, #4 Exhibit Medication log, #5 Exhibit Blande Depo Transcript)(Johnson, Garrett)
August 20, 2014 Filing 195 TEXT ORDER: Plaintiff's brief on summary judgment states that Defendant Bland is shown on the observation cell video at November 7, 2010, 22:18 time stamp. (Dkt. No. 159 at 5). However, the video provided to the Court jumps from time stamp 22:17:12 to 22:18:53 on November 7, 2010, and Mr. Woods is alone in his cell at both times. Plaintiff's brief also cites Dkt. No. 159-4 for the statement that Defendant Moore was told about Mr. Woods' condition. (Dkt. No. 159 at 5). However, this document does not mention anyone by the name of Moore. No other evidence regarding these two Defendants is cited in the briefs. IT IS ORDERED THAT by noon on August 21, 2014, Plaintiff must submit a supplemental response citing any evidence in the record regarding whether these two Defendants had knowledge of Mr. Woods' condition. If they wish, Defendants may file a reply by 5 p.m. on August 22, 2014. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 8/20/14. (ltap, )
August 12, 2014 Filing 194 NOTICE of Hearing: Jury Trial set for 10/14/2014 thru 10/17/2014 beginning at 10:00 AM in Charleston Courtroom To Be Determined, U. S. Court House, 81 Meeting St, Charleston before Honorable Richard M Gergel. (sshe, )
August 12, 2014 Filing 193 Minute Entry. Proceedings held before Honorable Richard M Gergel: Bar Meeting held on 8/12/2014. Case to be set for Trial (1 week to try case). Court Reporter Debbie Potocki. (erav, )
July 30, 2014 Filing 192 NOTICE of Hearing: Bar Meeting set for 8/12/2014 11:00 AM in Charleston Courtroom To Be Determined, U. S. Court House, 81 Meeting St, Charleston before Honorable Richard M Gergel. Jury Selection set for 9/10/2014 10:00AM before Honorable Richard M Gergel. (sshe, )
July 25, 2014 Filing 191 NOTICE of Request for Protection from Court Appearance by Eugene Patrick Corrigan, III for September 22, 2014 through October 8, 2014 (Corrigan, Eugene)
July 24, 2014 Filing 189 OBJECTIONS by Nancy Morris to #175 Pretrial Disclosures. (Johnson, Garrett)
July 24, 2014 Filing 188 OBJECTIONS by Nancy Morris to #178 Pretrial Disclosures,. (Johnson, Garrett)
July 21, 2014 Filing 186 OBJECTIONS by Richard T Burkholder, Charles A Desanto, Ashley A Harber to #169 Pretrial Disclosures. (Stuckey, James)
July 21, 2014 Filing 185 OBJECTIONS by Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr to #169 Pretrial Disclosures. (Corrigan, Eugene)
July 11, 2014 Opinion or Order Filing 184 ORDER re #34 Amended Complaint. Signed by Honorable Richard M Gergel on 07/11/2014. (dsto, )
July 11, 2014 Filing 183 SUR REPLY to REPLY to Response #179 to Motion re #150 MOTION for Summary Judgment. Response filed by Nancy Morris. (Johnson, Garrett) (dsto, )
July 11, 2014 Filing 182 TEXT ORDER: Plaintiff's motion to file a sur-reply (Dkt. No. 181) is GRANTED. The Clerk is directed to separately docket the exhibit at Dkt. No. 181-1 as a sur-reply to Dkt. No. 179. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/11/14.(ltap, )
July 10, 2014 Filing 181 MOTION Permission to File Sur-Reply re #179 Reply to Response to Motion, by Nancy Morris. Response to Motion due by 7/28/2014. (Attachments: #1 Exhibit)No proposed order.(Johnson, Garrett)
July 10, 2014 Filing 180 MOTION Substitution of Governmental Entity for Individual Defendants by Nancy Morris. Response to Motion due by 7/28/2014. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Johnson, Garrett)
July 7, 2014 Filing 179 REPLY to Response to Motion re #150 MOTION for Summary Judgment Response filed by Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. (Corrigan, Eugene)
July 7, 2014 Filing 178 RULE 26(a)(3)PRETRIAL DISCLOSURES by Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. Objections to PreTrial Disclosures due by 7/24/2014.(Corrigan, Eugene)
July 7, 2014 Filing 177 REPLY to Response to Motion re #149 MOTION for Summary Judgment Response filed by Richard T Burkholder, Charles A Desanto, Ashley A Harber. (Stuckey, James)
July 7, 2014 Opinion or Order Filing 176 ORDER APPROVING SETTLEMENT as to defendant Hope Clinic, LLC and Dismissal of Temisan Etikerentse, M.D., and Sue Brabham, R.N. Signed by Honorable Richard M Gergel on 7/7/2014. (erav, )
July 7, 2014 Filing 175 RULE 26(a)(3)PRETRIAL DISCLOSURES by Richard T Burkholder, Charles A Desanto, Ashley A Harber. Objections to PreTrial Disclosures due by 7/24/2014.(Stuckey, James)
July 7, 2014 Filing 174 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Richard M. Gergel. (mcot, )
July 7, 2014 Filing 172 TEXT ORDER: The Court hereby withdraws the referral to the Magistrate Judge in this case. The pending motions for summary judgment (Dkt. Nos. 149 & 150) and all future matters will be handled by the undersigned. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 7/7/2014. (sshe, )
July 7, 2014 Filing 171 Minute Entry. Proceedings held before Honorable Richard M Gergel: Motion Hearing held on 7/7/2014 re #166 MOTION Amended Petition for Settlement Approval; #161 MOTION Petition for Approval of Settlement. Court to issue a written order. Court Reporter Amy Diaz. (erav, )
July 3, 2014 Filing 169 RULE 26(a)(3)PRETRIAL DISCLOSURES by Nancy Morris. Objections to PreTrial Disclosures due by 7/21/2014.(Johnson, Garrett)
July 3, 2014 Filing 168 AMENDED NOTICE of Hearing on Motion #161 MOTION Petition for Approval of Settlement , #166 MOTION Amended Petition for Settlement Approval re #161 MOTION Petition for Approval of Settlement : Motion Hearing set for 7/7/2014 11:00 AM in Charleston Courtroom 3, U. S. Court House, 81 Meeting St, Charleston before Honorable Richard M Gergel. (sshe, )
July 3, 2014 Filing 166 MOTION Amended Petition for Settlement Approval re #161 MOTION Petition for Approval of Settlement by Nancy Morris. Response to Motion due by 7/21/2014. (Attachments: #1 Addendum Case costs itemization)No proposed order.Motions referred to Kaymani D West.(Johnson, Garrett)
June 30, 2014 Filing 164 NON-STANDARD ITEM RECEIVED: CD entitled "David Woods Jail Video" re: #158 Response in Opposition to Motion, #159 Response in Opposition to Motion received in Clerk's Office. (mcot, )
June 27, 2014 Filing 162 NOTICE of Hearing on #161 MOTION Petition for Approval of Settlement : Motion Hearing set for 7/7/2014 at 11:00 AM in Charleston Courtroom TBD, U. S. Court House, 81 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, )
June 27, 2014 Filing 161 MOTION Petition for Approval of Settlement by Nancy Morris. Response to Motion due by 7/14/2014. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Johnson, Garrett)
June 26, 2014 Filing 160 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 6/26/2014 re #155 MOTION to Transfer Case; Court denies motion. Court Reporter Debbie Potocki. (erav, ) Modified text on 6/26/2014 (erav,).
June 25, 2014 Filing 159 RESPONSE in Opposition re #150 MOTION for Summary Judgment Response filed by Nancy Morris.Reply to Response to Motion due by 7/7/2014 (Attachments: #1 Exhibit Trident Med Ctr records, #2 Exhibit Brophy Incident Rpt, #3 Exhibit Carner Voluntary Stmt, #4 Exhibit Morton Incident Rpt, #5 Exhibit Scheetz (Garrett) Voluntary Stmt, #6 Exhibit Speissegger Voluntary Stmt, #7 Exhibit HFDC Policy & Procedure Manual, #8 Exhibit Sheriff DeWitt Deposition, #9 Exhibit Cliff McElvogue Deposition)(Johnson, Garrett)
June 25, 2014 Filing 158 RESPONSE in Opposition re #149 MOTION for Summary Judgment Response filed by Nancy Morris.Reply to Response to Motion due by 7/7/2014 (Attachments: #1 Exhibit Trident Med Ctr records)(Johnson, Garrett)
June 23, 2014 Filing 156 NOTICE of Hearing on 155] MOTION to Transfer Case : Telephone Conference set for 6/26/2014 at 2:00 PM before Honorable Richard M Gergel. Attorneys must initiate telephone conference and then call into Chambers. Court Staff needed.(ltap, )
June 18, 2014 Filing 155 MOTION to Transfer Case by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The, Nancy Morris. Response to Motion due by 7/7/2014. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Johnson, Garrett)
June 16, 2014 Filing 153 DELETION OF DOCKET ENTRY NUMBER 151 Reason: to add to main document as attachment that was filed separately. Corrected Filing Document Number #150 Motion for Summary Judgment. (mcot, )
June 13, 2014 Filing 150 MOTION for Summary Judgment by Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, John Does, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. Response to Motion due by 6/30/2014. No proposed order.Motions referred to Kaymani D West.(Corrigan, Eugene) (Additional attachment(s) added on 6/16/2014: #1 Memo in Support, #2 Exh A -Bench Warrants, #3 Exh B-Inmate Medical Questionnaire, #4 Exh C -Physical Assessment, #5 Exh D -Medical Inmate Chronology, #6 Exh E -Incident Report 11-5-10, #7 Exh F -Death Certificate, #8 Exh G -Autoposy Report) (mcot, ).
June 13, 2014 Filing 149 MOTION for Summary Judgment by Richard T Burkholder, Charles A Desanto, Ashley A Harber. Response to Motion due by 6/30/2014. (Attachments: #1 Memo in Support, #2 Exhibit A Bench Warrants, #3 Exhibit B Inmate Medical Questionnaire, #4 Exhibit C Jail Inmate Chronology, #5 Exhibit D Renewal Agreement, #6 Exhibit E Agreement, #7 Exhibit Depos. Richard Burkholder, #8 Exhibit Depos. Charles DeSanto, #9 Exhibit Depos. James Brophy, #10 Exhibit Depos. Jerry Speissegger, #11 Exhibit Depos. Patricia Collins, #12 Exhibit F Physical Assessment, #13 Exhibit Depos. Suzanne Brabham, #14 Exhibit Depos. Temisan Etikerentse, #15 Exhibit G Medical Inmate Chronology, #16 Exhibit H Sick Call Request Dated 10-17-10, #17 Exhibit I Sick Call Request Dated 10-22-10, #18 Exhibit J Sick Call Request Dated 11-4-10, #19 Exhibit K Inmate Request Dated 11-4-10, #20 Exhibit Depos. Clifford McElvogue, #21 Exhibit Depos. Priscilla Garrett, #22 Exhibit Depos. John Sanders, #23 Exhibit L Incident Report Dated 11-5-10, #24 Exhibit M Voluntary Statement, #25 Exhibit N Incident Report, #26 Exhibit Depos. Toney Riley, #27 Exhibit O Death Certificate, #28 Exhibit P Autopsy Report) Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Kaymani D West.(Stuckey, James) Modified on 6/16/2014 to remove duplicative text(mcot, ).
May 30, 2014 Filing 147 ADR STATEMENT/CERTIFICATION by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The(Ballentine, Elizabeth)
May 7, 2014 Opinion or Order Filing 144 TEXT ORDER: Elizabeth Fulton's Motion to Withdraw as Attorney, ECF No. #142 , is granted. The Clerk is to indicate on the docket that Ms. Fulton is no longer counsel in this matter. Signed by Magistrate Judge Kaymani D West on 5/7/2014.(mcot, )
May 6, 2014 Filing 142 Motion to Withdraw as Attorney by Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, John Does, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr.. Response to Motion due by 5/23/2014 (Fulton, Elizabeth) Modified on 5/6/2014 to correct event type and to add filers listed on document (mcot, ).
March 12, 2014 Opinion or Order Filing 140 SIXTH AMENDED SCHEDULING ORDER: Records Custodian Affidavit due by 6/2/2014, Discovery due by 5/20/2014, Motions due by 6/13/2014, Rule 26(a)(3) Disclosures due by 7/7/2014, Jury Selection Deadline 7/28/2014. Motions in limine shall be filed within 10 days after rulings on any dispositive motions. If no dispositive motions are filed, the motions in limine shall be filed 10 days before the beginning of the trial term. Other remaining deadline and directives in the court's Conference and Scheduling Order, ECF No. #11 , remain in effect. Signed by Magistrate Judge Kaymani D West on 3/12/2014. (mcot, )
March 12, 2014 Opinion or Order Filing 139 TEXT ORDER granting #138 Motion to Amend/Correct. Signed by Magistrate Judge Kaymani D West on 3/12/2014.(mcot, )
March 11, 2014 Filing 138 MOTION to Amend/Correct #133 Scheduling Order by Nancy Morris. Response to Motion due by 3/28/2014. (Attachments: #1 Exhibit -Proposed Amended Scheduling Order) Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Kaymani D West.(Johnson, Garrett) Modified on 3/11/2014 to add description to exhibit(mcot, ).
January 16, 2014 Filing 136 Additional Attachments to Main Document #48 Plaintiff's ID of Expert Witnesses,. First attachment description: Dr. Raba's revised Rule 26 report . (Johnson, Garrett)
January 7, 2014 Filing 135 Additional Attachments to Main Document #48 Plaintiff's ID of Expert Witnesses,. First attachment description: Nurse Moore's revised Rule 26 report . (Johnson, Garrett)
November 14, 2013 Opinion or Order Filing 133 FIFTH AMENDED SCHEDULING ORDER: Records Custodian Affidavit due by 3/24/2014, Discovery due by 3/11/2014, Motions due by 4/4/2014, Rule 26(a)(3) Disclosures due by 4/25/2014, Jury Selection Deadline 5/19/2014, Mediation Due by 3/25/2014. Motions in limine shall be filed within ten days after rulings on any dispositive motions. If no dispositive motions are filed, the motions in limine shall be filed ten days before the beginning of the trial term. Other remaining deadlines and directives in the court's Conference and Scheduling Order, ECF No. #11 , remain in effect. Signed by Magistrate Judge Kaymani D West on 11/14/2013. (mcot, )
November 14, 2013 Filing 132 Minute Entry. Proceedings held before Magistrate Judge Kaymani D West: Motion Hearing held via telephone conference on 11/14/2013 re #121 MOTION for Hearing filed by Nancy Morris. Participating were: Andrew Creech, attorney for Plaintiff; Elizabeth Ballentine, attorney for Defendant, The Hope Clinic, Etikerentse, and Brabham; Alisa Collins, Attorney for Defendant, Burkholder; Rick Corrigan, Attorney for remaining Defendants. Hearing was held on docket entry #121 motion for hearing filed by the Plaintiff. Plaintiff seeks an order permitting contact with former employees of Hill-Finklea Detention Center citing Rule 4.2 and SC Ethics Adv. Op. 01-01.No opposition by Defendants, The Hope Clinic, Etikerentse, Brabham and Burkholder; Rick Corrigan opposed motion stating former employees are protected by attorney client and work product privilege.Court grants #121 motion for hearing. Plaintiff is allowed to contact former employees ex parte. Plaintiff's counsel is to provide to the court a script of his initial contact with the former employees at least 14 days before an interview is scheduled. Court will review script and advise counsel if there are any concerns. Plaintiff's counsel is to provide the defense counsel associated with the former employee witness with five (5) days notice of his intent to contact former employees. All parties are in agreement on amending current scheduling order for an additional 60 days.An amended scheduling order will follow. Court Reporter Meredith Cotton, FTR. (swel, )
November 12, 2013 Filing 129 Withdrawal of Motions: #120 MOTION for Attorney Fees MOTION to Compel filed by Nancy Morris.. (Johnson, Garrett)
November 5, 2013 Filing 128 NOTICE of Hearing on Motions #121 MOTION for Hearing; #120 MOTION for Attorney Fees, MOTION to Compel: TELEPHONIC MOTION HEARING set for 11/14/2013 @ 10:00 AM in Florence #4, McMillan Federal Bldg, 401 W Evans St, Florence before Magistrate Judge Kaymani D West. Plaintiff's counsel should initiate the call and have all parties on the line before calling the court at 843-676-3820. Please also be advised that all parties should be available via a landline phone, not a mobile, and also not on a speaker phone. (mcot, )
October 31, 2013 Filing 125 DEFENDANT'S ID OF EXPERT WITNESSES by Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, John Does, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. (Attachments: #1 Rule 26(a)(2) Report, #2 Exhibit 1. Resume, #3 Exhibit 2. List of Publications, Fee schedule, list of all cases)(Corrigan, Eugene) Modified on 11/1/2013 to delete duplicative and edit text (mcot, ).
October 24, 2013 Filing 124 RESPONSE in Opposition re #119 MOTION to Compel , #121 MOTION for Hearing Response filed by Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, John Does, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr.Reply to Response to Motion due by 11/4/2013 (Attachments: #1 Exhibit Email dated 9.23.13, #2 Exhibit Emailed dated 10.02.13)(Corrigan, Eugene)
October 15, 2013 Filing 122 Withdrawal of Motions: #119 MOTION to Compel filed by Nancy Morris.. (Johnson, Garrett)
October 7, 2013 Filing 121 MOTION for Hearing by Nancy Morris. Response to Motion due by 10/24/2013. (Attachments: #1 Exhibit E-mail of 9-26, #2 Exhibit E-mail of 10-2, #3 Exhibit Order of Judge Baxley, #4 Exhibit Article re Rule 4.2, #5 Exhibit E-mail of 10-3, #6 Exhibit E-mail of 10-4)No proposed order.Motions referred to Kaymani D West.(Johnson, Garrett)
October 7, 2013 Filing 120 MOTION for Attorney Fees , MOTION to Compel ( Response to Motion due by 10/24/2013.) by Nancy Morris. (Attachments: #1 Exhibit Subpoena to Nicole Ewing, #2 Exhibit Affidavit of service, #3 Exhibit E-mail of 10-2, #4 Exhibit E-mail of 10-3, #5 Exhibit E-mail of 10-4)No proposed order.Motions referred to Kaymani D West.(Johnson, Garrett)
October 7, 2013 Filing 119 MOTION to Compel by Nancy Morris. Response to Motion due by 10/24/2013. (Attachments: #1 Exhibit Subpoena to Mr. Canipe, #2 Exhibit E-mail to Mr. Canipe, #3 Exhibit E-mail of 9-11, #4 Exhibit Defendants' Response to Subpoena, #5 Exhibit E-mail of 9-23, #6 Exhibit E-mail of 9-25, #7 Exhibit E-mail of 9-30, #8 Exhibit E-mail of 10-2, #9 Exhibit E-mail of 10-3, #10 Exhibit E-mail of 10-4)No proposed order.Motions referred to Kaymani D West.(Johnson, Garrett)
September 30, 2013 Opinion or Order Filing 116 TEXT ORDER granting #113 Motion to Withdraw as Attorney; granting #114 Motion to Withdraw as Attorney. Signed by Magistrate Judge Kaymani D West on 9/30/2013.(mcot, )
September 27, 2013 Filing 115 NOTICE of Appearance by Eugene Patrick Corrigan, III on behalf of Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, John Does, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr (Corrigan, Eugene)
September 27, 2013 Filing 114 MOTION to Withdraw as Attorney by Andrew J Bland, James M Brophy, Richard T Burkholder, Leemon E Carner, Patricia D Collins, Kansas Daab, H Wayne DeWitt, Charles A Desanto, John Does, Priscilla Garrett, Ashley A Harber, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. Response to Motion due by 10/15/2013. No proposed order.Motions referred to Kaymani D West.(Senn, Sandra)
September 27, 2013 Filing 113 MOTION to Withdraw as Attorney by Andrew J Bland, Sue Brabham, James M Brophy, Richard T Burkholder, Leemon E Carner, Kansas Daab, H Wayne DeWitt, Charles A Desanto, John Does, Priscilla Garrett, Ashley A Harber, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. Response to Motion due by 10/15/2013. No proposed order.Motions referred to Kaymani D West.(Jackson, Robin)
September 26, 2013 Opinion or Order Filing 111 FOURTH AMENDED SCHEDULING ORDER: Defendants ID of Expert Witnesses Due by 10/31/2013, Records Custodian Affidavit due by 1/21/2014, Discovery due by 1/10/2014, Motions due by 2/3/2014, Rule 26(a)(3) Disclosures due by 2/24/2014; This case is subject to being called to trial during the next available term of court beginning on or after 3/20/2014, ADR Statement due by 1/24/2014. Motions in limine shall be filed within ten days after rulings on any dispositive motions. If no dispositive motions are filed, the motions in limine shall be filed ten days before the beginning of the trial term. Other remaining deadlines and directives in the court's Conference and Scheduling Order, ECF No. #11 , remain in effect. Signed by Magistrate Judge Kaymani D West on 9/26/2013. (mcot, ) Modified on 9/30/2013 to edit text (mcot, ).
September 26, 2013 Filing 110 Minute Entry. Telephone status conference held 9/26/13 before the Hon. Kaymani D West, U S Magistrate Judge. Appearing via telephone: Alissa Robyn Collins representing Defendants Harber, Desanto and Burkholder; Eugene Patrick Corrigan III representing Defendants Bland, McElvogue, DeWitt, Brophy, Speissegger Jr., Daab, Moore, Carner, and John Does. Chilton Simmons representing Defendants Hope Clinic, Brabham and Etikerentse; and Harold Staley representing Plaintiff. The court inquired as to who represents Defendant Sgt. Priscilla Garrett/Scheetz. Mr. Corrigan indicated that he would confirm whether he represented Garrett/Scheetz and appropriately inform the court. The court inquired whether Robin Jackson and Sandra Senn continued to represent any defendants, noting they had not sought to be relieved as counsel as to several named Defendants. Alissa Collins advised the court that Jackson and Senn no longer represented any parties to the case. Collins agreed to follow up with Jackson and Senn, asking that they submit an appropriate motion. The court and counsel discussed amended scheduling deadlines and whether another mediation deadline would be ordered. All agreed that Defendants who had not yet named experts would have until October 31, 2013 to do so and that additional deadlines would follow that date. The court took the issue of mediation under advisement and will issue a Fourth Amended Scheduling Order Court Reporter Raymond Simmons. (swel, )
September 26, 2013 Opinion or Order Filing 109 TEXT ORDER granting protection [ECF No. #108 ] 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 9/26/2013. (mcot, )
September 25, 2013 Filing 108 NOTICE of Request for Protection from Court Appearance by Eugene Patrick Corrigan, III for October 12, 2013 through October 23, 2013 (Corrigan, Eugene)
September 24, 2013 Filing 107 NOTICE of Appearance by Eugene Patrick Corrigan, III on behalf of Andrew J Bland, James M Brophy, Leemon E Carner, Kansas Daab, H Wayne DeWitt, John Does, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr (Corrigan, Eugene)
September 20, 2013 Filing 104 NOTICE of Hearing: Telephone STATUS Conference set for 9/26/2013 @ 10:00 AM in Florence #4, McMillan Federal Bldg, 401 W Evans St, Florence before Magistrate Judge Kaymani D West. Plaintiff's counsel should initiate the call and have all parties on the line before calling the court at 843-676-3820. Please also be advised that all parties should be available via a landline phone, not a mobile, and also not on a speaker phone. (mcot, )
September 16, 2013 Filing 103 DEFENDANT'S ID OF EXPERT WITNESSES by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The.(Ballentine, Elizabeth)
September 16, 2013 Filing 102 DELETION OF DOCKET ENTRY NUMBER 99 Reason: Attorney refiled using the correct login. Corrected Filing Document Number; #100 Modified filing date to that of original filing: 9/13/2013 (mcot, )
September 13, 2013 Filing 100 NOTICE of Appearance by James Albert Stuckey, Jr on behalf of Richard T Burkholder, Charles A Desanto, Ashley A Harber (Stuckey, James) Modified on 9/16/2013 to correct filing date (mcot, ).
September 9, 2013 Filing 98 TEXT ORDER: Plaintiff has appealed the Magistrate Judges Decision granting Defendants Motion to Amend the Scheduling Order. (Dkt. No. 90.) This Court may reconsider a pretrial matter referred to a magistrate judge only where it has been shown that the magistrate judges order is clearly erroneous or contrary to law. 28 U.S.C. 636(b)(1)(A). Plaintiff is correct that Defendants must show good cause to extend deadlines that have not yet passed and excusable neglect for deadlines that have already passed. Fed. R. Civ. P. 6(b). However, the Court does not find that the Magistrate Judge was clearly erroneous in finding these standards met by Defendants. Therefore, the Magistrate Judges Decision is AFFIRMED. IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 9/9/13. (ltap, )
September 3, 2013 Filing 97 TEXT ORDER re #90 Appeal of Magistrate Judge Decision to District Court. Response to Appeal is due no later than 9/6/2013. Entered at the direction of the Honorable Richard M Gergel on 9/3/13. (ltap, )
August 21, 2013 Opinion or Order Filing 94 TEXT ORDER: Having complied with Local Civil Rule 83.I.07 (D.S.C.), Defendants' Motion to Withdraw as Attorney, ECF No. #91 , is granted. Defendants Dewitt, McElvogue, Moore, Garrett, Brophy, Carner, Speissenger, and Desanto have until September 20, 2013 to obtain new counsel. Signed by Magistrate Judge Kaymani D West on 8/21/2013.(mcot, )
August 19, 2013 Filing 91 MOTION to Withdraw as Attorney by James M Brophy, Leemon E Carner, H Wayne DeWitt, Charles A Desanto, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. Response to Motion due by 9/6/2013. (Attachments: #1 Certificate of Service) No proposed order. Motions referred to Kaymani D West.(Jackson, Robin)
August 19, 2013 Filing 90 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Nancy Morris re 75 Text Order on Motion to Amend/Correct (Johnson, Garrett) Modified on 8/19/2013 to edit text and to replace document with corrected signature as provided by filing user (mcot, ).
August 19, 2013 Opinion or Order Filing 89 TEXT ORDER denying without prejudice Robin L. Jackson and Sandra J. Senn of Senn Legal, LLC, motion to be relived as counsel, ECF No. #88 , for failure to comply with Local Civil Rule 83.I.07 (D.S.C.) which governs the Withdrawal of Appearance. If counsel wishes to renew the request with a proper motion, any such submission should be made in compliance with Rule 83.I.07. Signed by Magistrate Judge Kaymani D West on 8/19/2013.(mcot, )
August 16, 2013 Filing 88 MOTION to Withdraw as Attorney by Andrew J Bland, James M Brophy, Richard T Burkholder, Leemon E Carner, Kansas Daab, H Wayne DeWitt, Charles A Desanto, John Does, Priscilla Garrett, Ashley A Harber, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. Response to Motion due by 9/3/2013. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Kaymani D West.(Jackson, Robin)
August 15, 2013 Filing 86 Minute Entry. Status Conference proceedings held on 08/15/2013 before Magistrate Judge Kaymani D West. Andrew W Creech, Garrett Johnson and Thomas E Pope, who made his initial appearance at the status conference, present on behalf of the plaintiff. Chilton G Simmons present on behalf of defendants The Hope Clinic, LLC, Sue Brabham and Temisan Etikerentse. Robin Lilley Jackson appeared via telephone on behalf of the Berkeley county defendants. Scheduling order deadlines were discussed. Ms. Jackson informed the court of a potential conflict which may necessitate filing of a motion to be relieved as counsel. The Third Amended Scheduling Order will remain in place. If Ms. Jackson files a motion to be relieved as counsel, once new counsel is in place the court will set a Status Conference to discuss amending the scheduling order. Court Reporter Raymond Simmons. (sste )
August 12, 2013 Opinion or Order Filing 84 ORDER granting #79 Motion to Withdraw as Attorney. Signed by Magistrate Judge Kaymani D West on 8/12/2013.(mcot, )
August 9, 2013 Opinion or Order Filing 81 TEXT ORDER: Regarding ECF No. #80 , Ms. Jackson is permitted to attend by calling the court via mobile phone and should contact the Florence Division Clerk's Office (Case Manager Meredith Cotton at 843-676-3819) for detailed call-in information. Ms. Jackson should join the conference when her conflicting hearing is completed. The conference will begin at 10:00 a.m. and will not be delayed awaiting Ms. Jackson. Counsel for other parties are to appear in person. Signed by Magistrate Judge Kaymani D West on 8/9/2013. (mcot, )
August 9, 2013 Filing 80 Letter from Counsel Robin Jackson. (mcot, )
August 8, 2013 Filing 79 MOTION to Withdraw as Attorney by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The. Response to Motion due by 8/26/2013. No proposed order.Motions referred to Kaymani D West.(Canipe, Jeremy)
August 7, 2013 Filing 78 NOTICE of Hearing: STATUS CONFERENCE SET FOR for 8/15/2013 @ 10:00 AM in Florence #4, McMillan Federal Bldg, 401 W Evans St, Florence before Magistrate Judge Kaymani D West. (mcot, )
August 7, 2013 Filing 77 RESPONSE in Opposition re #74 MOTION to Amend/Correct Scheduling Order. Response filed by Nancy Morris.Reply to Response to Motion due by 8/19/2013 (Attachments: #1 Exhibit A -State Court Documents, #2 Exhibit B -Letter from Stephen Cox, #3 Exhibit C -Letter from Andrew Cox and Affidavit)(Johnson, Garrett) Modified on 8/8/2013 to delete duplicative text and to add descriptions to exhibits (mcot, ).
August 7, 2013 Opinion or Order Filing 76 THIRD AMENDED SCHEDULING ORDER: Defendants ID of Expert Witnesses Due by 9/16/2013, Records Custodian Affidavit due by 12/6/2013, Discovery due by 11/29/2013, Motions due by 12/20/2013, Rule 26(a)(3) Disclosures due by 1/10/2014, Mediation Due by 12/10/2013. Motions in Limine shall be filed within ten days after rulings on any dispositive motions. If no dispositive motions are filed, the motions in limine shall be filed ten days before the beginning of the trial term. This case is subject to being called to trial during the next available term of court beginning on or after February 3, 2014. Other remaining deadlines and directives in the court's Conference and Scheduling Order, ECF No. #11 , remain in effect. Signed by Magistrate Judge Kaymani D West on 8/7/2013. (mcot, )
August 7, 2013 Opinion or Order Filing 75 TEXT ORDER granting #74 Motion to Amend/Correct. Signed by Magistrate Judge Kaymani D West on 8/7/2013.(mcot, )
August 6, 2013 Filing 74 MOTION to Amend/Correct Scheduling Order by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The. Response to Motion due by 8/23/2013. (Attachments: #1 Proposed Order 3rd Amended SO)Proposed order is being emailed to chambers with copy to opposing counsel. Motions referred to Kaymani D West.(Simmons, Chilton) Modified on 8/6/2013 to edit docket text re proposed order emailed to chambers, per filing user notified Clerk's office(sshe, ).
August 6, 2013 Opinion or Order Filing 73 ORDER denying #71 Motion to Quash. Signed by Magistrate Judge Kaymani D West on 8/6/2013.(mcot, )
August 5, 2013 Filing 72 RESPONSE in Opposition re #71 MOTION to Quash Response filed by Nancy Morris.Reply to Response to Motion due by 8/15/2013 (Attachments: #1 Exhibit -Email Exchange)(Johnson, Garrett) Modified on 8/6/2013 to add description to exhibit (mcot, ).
August 5, 2013 Filing 71 MOTION to Quash by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The. Response to Motion due by 8/22/2013. Motions referred to Kaymani D West. (Simmons, Chilton) Modified on 8/5/2013 to correct event type.(mcot, )
July 26, 2013 Filing 70 NOTICE of Appearance by Chilton G Simmons on behalf of Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The (Simmons, Chilton)
July 11, 2013 Filing 68 STIPULATION of Dismissal with prejudice as to Defendant Patricia Collins by Nancy Morris, Jerry Speissegger, Jr., Kendra Moore, Clifford L McElvogue, Hope Clinic LLC, The, Ashley A Harber, Priscilla Garrett, Temisan Etikerentse, John Does, Charles A Desanto, H Wayne DeWitt, Kansas Daab, Patricia D Collins, Leemon E Carner, Ricahrd T Burholder, James M Brophy, Sue Brabham, Andrew J Bland. (Johnson, Garrett) Modified on 7/12/2013 to add filers listed on document (mcot, ).
July 2, 2013 Filing 67 ADR STATEMENT/CERTIFICATION by Nancy Morris(Johnson, Garrett)
June 26, 2013 Filing 66 ADR STATEMENT/CERTIFICATION by Hope Clinic LLC, The(Canipe, Jeremy)
June 26, 2013 Filing 65 ADR STATEMENT/CERTIFICATION by Sue Brabham(Canipe, Jeremy)
June 26, 2013 Filing 64 ADR STATEMENT/CERTIFICATION by Temisan Etikerentse(Canipe, Jeremy)
June 21, 2013 Filing 63 DEFENDANT'S ID OF EXPERT WITNESSES by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The.(Canipe, Jeremy)
June 20, 2013 Filing 62 ADR STATEMENT/CERTIFICATION by Clifford L McElvogue(Jackson, Robin)
June 20, 2013 Filing 61 ADR STATEMENT/CERTIFICATION by Kansas Daab(Jackson, Robin)
June 20, 2013 Filing 60 ADR STATEMENT/CERTIFICATION by Jerry Speissegger, Jr(Jackson, Robin)
June 20, 2013 Filing 59 ADR STATEMENT/CERTIFICATION by Priscilla Garrett(Jackson, Robin)
June 20, 2013 Filing 58 ADR STATEMENT/CERTIFICATION by Ashley A Harber(Jackson, Robin)
June 20, 2013 Filing 57 ADR STATEMENT/CERTIFICATION by Kendra Moore(Jackson, Robin)
June 20, 2013 Filing 56 ADR STATEMENT/CERTIFICATION by Charles A Desanto(Jackson, Robin)
June 20, 2013 Filing 55 ADR STATEMENT/CERTIFICATION by Patricia D Collins(Jackson, Robin)
June 20, 2013 Filing 54 ADR STATEMENT/CERTIFICATION by Leemon E Carner(Jackson, Robin)
June 20, 2013 Filing 53 ADR STATEMENT/CERTIFICATION by James M Brophy(Jackson, Robin)
June 20, 2013 Filing 52 ADR STATEMENT/CERTIFICATION by Richard T Burkholder(Jackson, Robin)
June 20, 2013 Filing 51 ADR STATEMENT/CERTIFICATION by Andrew J Bland(Jackson, Robin)
June 20, 2013 Filing 50 ADR STATEMENT/CERTIFICATION by H Wayne DeWitt, John Does(Jackson, Robin)
May 9, 2013 Filing 48 PLAINTIFF'S ID OF EXPERT WITNESSES and Rule 26 disclosures by Nancy Morris. (Attachments: #1 Rule 26(a)(2)(c) disclosures, #2 Dr. Raba's Rule 26 disclosures, #3 Dr. Serra's Rule 26 disclosures, #4 Nurse Moore's Rule 26 disclosures, #5 Exhibit -Certificate of Service)(Johnson, Garrett) Modified on 5/10/2013 to add description to exhibit (mcot, ). Modified on 1/8/2014 see #135 for additional attachments (mcot, ). Modified on 1/17/2014 see #136 for additional attachments (mcot, ).
April 16, 2013 Opinion or Order Filing 44 SECOND AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 5/10/2013, Defendants ID of Expert Witnesses Due by 6/21/2013, Records Custodian Affidavit due by 8/23/2013, Discovery due by 9/6/2013, Motions due by 9/23/2013, Rule 26(a)(3) Disclosures due by 11/7/2013, Mediation Due by 10/4/2013. Motions in Limine shall be filed within ten (10) days after rulings on any dispositive motions. If no dispositive motions are filed, the motions in limine shall be filed ten (10) days before the beginning of the trial term. This case will go to trial during the next available term of court beginning on or after December 1, 2013. Signed by Magistrate Judge Kaymani D West on 4/16/2013. (mcot, )
April 16, 2013 Filing 43 Minute Entry. Discovery Hearing proceedings held on 4/16/2013 via telephone before Magistrate Judge Kaymani D West. Participants: Harold C Staley and Andrew W Creech appeared on behalf of the Plaintiff; Jeremy Todd Canipe appeared on behalf of defendants The Hope Clinic, LLC, Sue Brabham and Temisan Etikerentse, and Robin Lilley Jackson appeared on behalf of the remaining defendants. Oral argument heard on ECF #38 Motion to Strike Plaintiff's Rule 26(a)(2) expert disclosures for failure to provide the requisite information and disclosures to comply with Rule 26(a)(2) FRCP, which the Court denied. ECF #22 First Amended Scheduling Order deadlines discussed; Court to issue Second Amended Scheduling Order extending deadlines. Court Reporter Mary Schweinhagen. (sste )
April 10, 2013 Filing 41 RESPONSE in Opposition re #38 MOTION to Strike Response filed by Nancy Morris.Reply to Response to Motion due by 4/22/2013 (Johnson, Garrett) Modified on 4/11/2013 to correct case number on document as verified by filing user (mcot, ).
April 10, 2013 Filing 40 NOTICE OF RESCHEDULED HEARING, Telephonic Discovery Conference, 4/16/2013 @10:00 AM cancelled and rescheduled to: TELEPHONIC DISCOVERY CONFERENCE set for 4/16/2013 @ 1:30 PM **TIME CHANGE ONLY** in Florence #4, McMillan Federal Bldg, 401 W Evans St, Florence before Magistrate Judge Kaymani D West. Plaintiff's counsel should initiate the call and have all parties on the line before calling the court at 843-676-3820. Please also be advised that all parties should be available via a landline phone, not a mobile, and also not on a speaker phone. (mcot, )
April 9, 2013 Filing 39 NOTICE of Hearing: TELEPHONIC DISCOVERY CONFERENCE set for 4/16/2013 @ 10:00 AM in Florence #4, McMillan Federal Bldg, 401 W Evans St, Florence before Magistrate Judge Kaymani D West. Plaintiff's counsel should initiate the call and have all parties on the line before calling the court at 843-676-3820. Please also be advised that all parties should be available via a landline phone, not a mobile, and also not on a speaker phone. (mcot, )
April 8, 2013 Filing 38 MOTION to Strike #37 Plaintiff's ID of Expert Witnesses by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The, Jerry Speissegger, Jr., Kendra Moore, Clifford L McElvogue, Ashley A Harber, Priscilla Garrett, John Does, Charles A Desanto, H Wayne DeWitt, Kansas Daab, Patricia D Collins, Leemon E Carner, James M Brophy, Andrew J Bland. Response to Motion due by 4/25/2013. No proposed order.Motions referred to Kaymani D West.(Canipe, Jeremy) Modified on 4/9/2013 to add filers listed on document (mcot, ).
March 18, 2013 Filing 37 PLAINTIFF'S ID OF EXPERT WITNESSES by Nancy Morris.(Johnson, Garrett) Modified on 3/19/2013 to correct caption on document as verified by filing user (mcot, ).
March 1, 2013 Filing 36 ANSWER to #34 Amended Complaint, by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The.(Canipe, Jeremy) Modified on 3/4/2013 to correct case number on document as verified by filing user (mcot, ).
February 18, 2013 Filing 35 ANSWER to #34 Amended Complaint, by James M Brophy, Leemon E Carner, H Wayne DeWitt, Charles A Desanto, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr.(Jackson, Robin)
February 15, 2013 Filing 34 SECOND AMENDED COMPLAINT against Andrew J Bland, Sue Brabham, James M Brophy, Richard T Burkholder, Leemon E Carner, Patricia D Collins, Kansas Daab, H Wayne DeWitt, Charles A Desanto, John Does, Temisan Etikerentse, Priscilla Garrett, Ashley A Harber, Hope Clinic LLC, The, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr, filed by Nancy Morris.(mcot, )
February 15, 2013 Opinion or Order Filing 33 TEXT ORDER granting #31 Motion to Amend/Correct. The clerk is instructed to file the proposed amended complaint (found at #31 -1). Signed by Magistrate Judge Kaymani D West on 2/15/2013.(mcot, )
February 14, 2013 Filing 31 MOTION to Amend/Correct #26 Amended Complaint by Nancy Morris. Response to Motion due by 3/4/2013. (Attachments: #1 Main Document Proposed Amended Complaint) No proposed order. Motions referred to Kaymani D West.(Johnson, Garrett) Modified on 2/15/2013 to link correct event to associated event (mcot, ).
January 18, 2013 Opinion or Order Filing 30 ORDER granting #29 Motion for Court Order for DSS Records of Decedent. Lancaster DSS is hereby ORDERED to release the records as indicated. Signed by Magistrate Judge Kaymani D West on 1/18/2013.(mcot, )
January 17, 2013 Opinion or Order Filing 29 MOTION FOR COURT ORDER FOR DSS RECORDS OF DECEDENT by Andrew J Bland, James M Brophy, Richard T Burkholder, Leemon E Carner, Patricia D Collins, Kansas Daab, H Wayne DeWitt, Charles A Desanto, John Does, Priscilla Garrett, Ashley A Harber, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr. Response to Motion due by 2/4/2013. (Attachments: #1 Exhibit Consent Order to be signed by the judge., #2 Exhibit Consent Order Approved by all involved attorney's.)No proposed order. Motions referred to Kaymani D West.(Jackson, Robin) Modified on 1/17/2013 to remove duplicative text (mcot, ).
January 7, 2013 Filing 28 ANSWER to #26 Amended Complaint, by James M Brophy, Leemon E Carner, H Wayne DeWitt, Charles A Desanto, Priscilla Garrett, Clifford L McElvogue, Kendra Moore, Jerry Speissegger, Jr.(Jackson, Robin)
January 3, 2013 Filing 27 ANSWER to #26 Amended Complaint, by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The.(Canipe, Jeremy) Modified on 1/4/2013 to correct case number on document as verified by filing user (mcot, ).
January 3, 2013 Filing 26 AMENDED COMPLAINT re: #1 Notice of Removal against Andrew J Bland, Sue Brabham, James M Brophy, Richard T Burkholder, Leemon E Carner, Patricia D Collins, PFC Kansas Daab, H Wayne DeWitt, Charles A Desanto, John Does, Temisan Etikerentse, Kendra Moore, Ashley A Harber, Hope Clinic LLC, The, Clifford L McElvogue, Priscilla Garrett, Jerry Speissegger, Jr, filed by Nancy Morris.(mcot, )
January 3, 2013 Opinion or Order Filing 25 TEXT ORDER granting #23 Motion to Amend Complaint with consent. The Clerk is also directed to file the attached Proposed Amended Complaint as an Amended Complaint on the docket. Signed by Magistrate Judge Kaymani D West on 1/3/2013.(mcot, )
January 2, 2013 Filing 23 MOTION to Amend/Correct Complaint re: #1 Notice of Removal by Nancy Morris. Response to Motion due by 1/22/2013. (Attachments: #1 Supporting Documents Proposed Amended Complaint) No proposed order. Motions referred to Kaymani D West.(Johnson, Garrett) Modified on 1/2/2013 to replace main document as request by filing attorney and to link event to corrected event (mcot, ).
December 19, 2012 Opinion or Order Filing 22 FIRST AMENDED SCHEDULING ORDER: 26(a) Initial Disclosures due by 12/21/2012, Rule 26 Report due by 12/21/2012, Motions to Amend Pleadings due by 2/14/2013, Plaintiffs ID of Expert Witness due by 3/18/2013, Defendants ID of Expert Witnesses Due by 5/1/2013, Records Custodian Affidavit due by 7/1/2013, Discovery due by 7/15/2013, Motions due by 7/30/2013, Rule 26(a)(3) Disclosures due by 9/15/2013, Mediation Due by 8/10/2013. Motions in limine must be filed within ten (10) days after rulings on any dispositive motions. This case will go to trial during the next available term of court beginning on or after 10/1/2013. Signed by Magistrate Judge Kaymani D West on 12/19/2012. (mcot, )
December 19, 2012 Opinion or Order Filing 21 ORDER TO CONDUCT MEDIATION: The parties are hereby ORDERED to conduct mediation on or before August 10, 2013. Signed by Magistrate Judge Kaymani D West on 12/19/2012. (mcot, )
December 17, 2012 Filing 20 Local Rule 26.01 Answers to Interrogatories with jury demand by Nancy Morris.(Johnson, Garrett) Modified on 12/17/2012 to edit text (mcot, ).
December 17, 2012 Filing 19 Local Rule 26.03 Answers to Interrogatories by Andrew J Bland, Sue Brabham, James M Brophy, Richard T Burkholder, Leemon E Carner, Patricia D Collins, PFC Daaf, H Wayne DeWitt, Charles A Desanto, John Does, Temisan Etikerentse, Kendra B Habersham, Ashley A Harber, Hope Clinic LLC, The, Clifford L McElvogue, Nancy Morris, Priscilla Scheetz, Jerry Speissegger, Jr.(Johnson, Garrett) Modified on 12/20/2012 to replace with corrected document as provided by filing user (mcot, ).
December 11, 2012 Filing 17 DELETION OF DOCKET ENTRY NUMBER #17 Reason: Filed in error by attorney. (dsto, )
December 6, 2012 Filing 16 NOTICE of Appearance by Robin Lilley Jackson on behalf of James M Brophy, Leemon E Carner, H Wayne DeWitt, Charles A Desanto, Kendra B Habersham, Clifford L McElvogue, Priscilla Scheetz, Jerry Speissegger, Jr (Jackson, Robin)
December 6, 2012 Filing 15 Rule 26(f) Report by Nancy Morris, Jerry Speissegger, Jr., Priscilla Scheetz, Clifford L McElvogue, Hope Clinic LLC, The, Ashley A Harber, Kendra B Habersham, Temisan Etikerentse, John Does, Charles A Desanto, H Wayne DeWitt, PFC Daaf, Patricia D Collins, Leemon E Carner, Richard T Burkholder, James M Brophy, Sue Brabham, Andrew J Bland (Attachments: #1 Proposed modified scheduling order)(Staley, Harold) Modified on 12/7/2012 to add filers listed on document, delete duplicative text and to remove 26.03s (mcot, ).
December 3, 2012 Filing 14 TRUE DIVISION FOR TRIAL: Charleston. (mcot, )
November 16, 2012 Opinion or Order Filing 11 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 12/7/2012, 26(a) Initial Disclosures due by 12/21/2012, Rule 26 Report due by 12/21/2012, Motions to Amend Pleadings due by 2/14/2013, Plaintiffs ID of Expert Witness due by 3/18/2013, Defendants ID of Expert Witnesses Due by 4/15/2013, Records Custodian Affidavit due by 4/22/2013, Discovery due by 5/15/2013, Motion in Limine due by 5/22/2013, Motions due by 5/29/2013, Rule 26(a)(3) Disclosures due by 8/2/2013, Jury Selection Deadline 9/3/2013. Parties shall file and serve pretrial briefs five (5) business days prior to the date set for jury selection. Signed by Magistrate Judge Kaymani D West on 11/16/2012. (mcot, ) Modified on 11/19/2012 to edit text (mcot, ).
November 14, 2012 Filing 10 DELETION OF DOCKET ENTRY NUMBER 8 Reason: attorney refiled. Corrected Filing Document Number #9 ; Modified filing date to that of original filing: 11/13/2012. (mcot, )
November 13, 2012 Filing 9 Local Rule 26.01 Answers to Interrogatories with jury demand by Nancy Morris.(Staley, Harold) Modified on 11/14/2012 to edit text and to correct filing date(mcot, ).
November 9, 2012 Filing 7 ANSWER to Complaint by James M Brophy, Leemon E Carner, H Wayne DeWitt, Charles A Desanto, Kendra B Habersham, Clifford L McElvogue, Priscilla Scheetz, Jerry Speissegger, Jr.(Senn, Sandra)
November 8, 2012 Filing 6 ANSWER to Complaint by Sue Brabham, Temisan Etikerentse, Hope Clinic LLC, The.(Canipe, Jeremy)
November 2, 2012 Filing 5 Corporate Disclosure Statement by The Hope Clinic LLC. (mcot, )
November 2, 2012 Filing 4 Local Rule 26.01 Answers to Interrogatories with jury demand by Andrew J Bland, James M Brophy, Richard T Burkholder, Leemon E Carner, Patricia D Collins, PFC Daaf, H Wayne DeWitt, Charles A Desanto, John Does, Kendra B Habersham, Ashley A Harber, Clifford L McElvogue, Priscilla Scheetz, Jerry Speissegger, Jr.(mcot, )
November 2, 2012 Filing 3 Local Rule 26.01 Answers to Interrogatories with jury demand by Sue Brabham, Temisan Etikerentse, The Hope Clinic LLC.(mcot, )
November 2, 2012 Filing 1 NOTICE OF REMOVAL from Berkeley County Court of Common Pleas, case number 2012-CP-08-2751 (filing fee $ 350, receipt number 0420-4391747), filed by John Does, H Wayne DeWitt, PFC Daaf, Patricia D Collins, Temisan Etikerentse, James M Brophy, Charles A Desanto, Andrew J Bland, Priscilla Scheetz, Kendra B Habersham, Ashley A Harber, Sue Brabham, Richard T Burkholder, Clifford L McElvogue, Leemon E Carner, Jerry Speissegger, Jr, The Hope Clinic LLC (Attachments: #1 State Court Documents, #2 Certificate of Service).(mcot, )

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Search for this case: Morris v. Bland et al
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Plaintiff: Nancy Morris
Represented By: Andrew W Creech
Represented By: Harold C Staley
Represented By: Thomas E Pope
Represented By: Benjamin Philip Leader
Represented By: Garrett Johnson
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Defendant: Hope Clinic LLC, The
Represented By: Chilton G Simmons
Represented By: Elizabeth Ballentine Mason
Represented By: Jeremy Todd Canipe
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Defendant: Temisan Etikerentse
Represented By: Chilton G Simmons
Represented By: Elizabeth Ballentine Mason
Represented By: Jeremy Todd Canipe
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Defendant: Sue Brabham
Represented By: Chilton G Simmons
Represented By: Elizabeth Ballentine Mason
Represented By: Jeremy Todd Canipe
Represented By: Robin Lilley Jackson
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Defendant: H Wayne DeWitt
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Andrew J Bland
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: James Matthew Johnson
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
Represented By: Charles Albert Kinney, Jr
Represented By: Daniel R Settana, Jr
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Defendant: Richard T Burkholder
Represented By: Alissa Collins Lietzow
Represented By: Charles Albert Kinney, Jr
Represented By: Daniel R Settana, Jr
Represented By: Eugene Patrick Corrigan, III
Represented By: James Albert Stuckey, Jr
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: James M Brophy
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Leemon E Carner
Represented By: Charles Albert Kinney, Jr
Represented By: Daniel R Settana, Jr
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Patricia D Collins
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Charles A Desanto
Represented By: Alissa Collins Lietzow
Represented By: James Albert Stuckey, Jr
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Ashley A Harber
Represented By: Alissa Collins Lietzow
Represented By: James Albert Stuckey, Jr
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Jerry Speissegger, Jr
Represented By: Charles Albert Kinney, Jr
Represented By: Daniel R Settana, Jr
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: PFC Kansas Daab
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: James Matthew Johnson
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: John Does
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Clifford L McElvogue
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Berkeley County
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Defendant: Berkeley County Sheriff's Department
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Defendant: Kendra Moore
Represented By: Elizabeth Fraysure Fulton
Represented By: Eugene Patrick Corrigan, III
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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Defendant: Priscilla Garrett
Represented By: Charles Albert Kinney, Jr
Represented By: Daniel R Settana, Jr
Represented By: Eugene Patrick Corrigan, III
Represented By: Robin Lilley Jackson
Represented By: Sandra Jane Senn
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