Brown v. Ropheka Cares, LLC et al
| Christine Brown |
| Joyce McCreary, John Doe, Combined Insurance Company of America, Ropheka Cares LLC and Ropheka Cares, LLC |
| 5:2019cv03556 |
| December 20, 2019 |
| US District Court for the District of South Carolina |
| Cameron McGowan Currie |
| Insurance |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 21 ***DOCUMENT E-MAILED #20 Order on Motion to Remand to State Court, to Orangeburg County Clerk of Court, ***DOCUMENT MAILED #20 Order on Motion to Remand to State Court, placed in U.S. Mail from Columbia Clerks Office to Winnifa Brown-Clark, Clerk of Court, PO Box 9000, Orangeburg, SC 29115-9000(cbru, ) (cbru, ). |
| Filing 20 OPINION AND ORDER granting #18 Motion to Remand to State Court. Signed by Honorable Cameron McGowan Currie on 2/3/2020. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. (cbru, ) |
| Filing 19 REPLY by Combined Insurance Company of America to 17 Order to Vacate,, Set Deadlines, . (Devlin, Chadwick) |
| Filing 18 MOTION to Remand to State Court by Christine Brown. Response to Motion due by 2/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A. State court complaint, #2 Exhibit B AOS.Ropheka, #3 Exhibit C AOS.McCreary)No proposed order.(Williams, Virginia) Modified to edit text and to correct motion relief on 1/31/2020 (cbru, ). |
| Filing 17 TEXT ORDER: The orders entered this date as Dkt. Nos. 14, 15, and 16 are hereby vacated. The parties are directed to confer and advise the court within 2 days of entry of this order whether the parties consent to remand for lack of subject matter jurisdiction. In the alternative, the parties shall address the existence of subject matter jurisdiction. (Reply due by 2/3/2020) Signed by Honorable Cameron McGowan Currie on 1/30/2020. (cbru, ) |
| Filing 16 *VACATED*TEXT ORDER: Plaintiff has failed to file proof that the complaint has been served on Defendant Ropheka Cares, LLC despite the pendency of this action for more than 90 days. See FRCP 4(c), 4(m). Plaintiff has, likewise, failed to comply with Local Civil Rule 4.01 which requires Plaintiff to inform the court of such non-service and the reasons for the non-service. The court, therefore, directs Plaintiff to show cause why this matter should not be dismissed without prejudice as to this Defendant for failure of service. Plaintiff shall respond to this order no later than February 10, 2020. FAILURE TO RESPOND TO THIS ORDER BY THAT DEADLINE SHALL RESULT IN DISMISSAL OF THIS ACTION WITHOUT PREJUDICE. (Show Cause Response due by 2/10/2020) Signed by Honorable Cameron McGowan Currie on 1/30/2020. (cbru, ) Modified to edit text on 1/30/2020 (cbru, ). |
| Filing 15 *VACATED*SUA SPONTE ORDER (Status Report due by 2/10/2020) Signed by Honorable Cameron McGowan Currie on 1/30/2020. (cbru, ) Modified to edit text on 1/30/2020 (cbru, ). |
| Filing 14 *VACATED*TEXT ORDER: Plaintiff has failed to file Answers to Local Rule 26.01 Interrogatories despite a reminder from the Clerk of Court. Plaintiff is hereby ordered to file said Answers no later than February 3, 2020. Failure to comply with this order will result in the imposition of sanctions, which may, without further notice, include dismissal of the action without prejudice, exclusion of some or all defenses, or a monetary sanction not to exceed $500. (Answers to Local Rule 26.01 Interrogatories due by 2/3/2020) Signed by Honorable Cameron McGowan Currie on 1/30/2020. (cbru, ) Modified to edit text on 1/30/2020 (cbru, ). |
| Filing 12 STIPULATION of Dismissal With prejudice as to Combined Insurance Company of America and John Doe by Christine Brown. (Williams, Virginia) Modified to edit text on 1/30/2020 (cbru, ). |
| Filing 11 TEXT ORDER: The previously extended deadline for Plaintiff to respond to Defendants' motion to sever and remand claims against non-diverse parties has passed without filing of any response. The parties shall confer and advise the court within two days of entry of this order whether the matter has been resolved. Signed by Honorable Cameron McGowan Currie on 1/28/2020. (mdea ) |
| Filing 10 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Orangeburg County. (Attachments: #1 State Court Acknowledgment of Receipt of Notice of Removal)(Devlin, Chadwick) Modified to edit text on 1/9/2020 (cbru, ). |
| Filing 9 TEXT ORDER granting #8 Motion for Extension of Time to File Response/Reply re #5 MOTION to Sever, MOTION to Remand to State Court. (Response to Motion due by 1/21/2020) Signed by Honorable Cameron McGowan Currie on 1/3/2020.(cbru, ) |
| Filing 8 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Sever MOTION, to Remand to State Court by Christine Brown. Response to Motion due by 1/17/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Emails regarding consent)No proposed order.(Williams, Virginia) Modified to correct motion relief and to edit text on 1/3/2020 (cbru, ). |
| Filing 7 CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 2/7/2020, Motions to Amend Pleadings due by 4/3/2020, Plaintiffs ID of Expert Witness due by 5/1/2020, Defendants ID of Expert Witnesses Due by 5/29/2020, Records Custodian Affidavit due by 5/29/2020, Discovery due by 7/24/2020, Motion in Limine due by 12/14/2020, Motions due by 8/7/2020, Rule 26(a)(3) Disclosures due by 10/16/2020, Jury Selection Deadline 1/4/2021, ADR Statement due by 9/4/2020, Mediation Due by 10/2/2020. Signed by Honorable Cameron McGowan Currie on 1/3/2020. (cbru, ) |
| Filing 6 CLERK'S NOTICE: Plaintiff is reminded that Answers to Local Rule 26.01 Interrogatories are to be filed no later than 14 days after service of the notice of removal. Please file these answers to interrogatories no later than January 6, 2020. (mdea ) |
| Filing 5 MOTION to Sever by Combined Insurance Company of America. Response to Motion due by 1/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(mdea ) |
| Filing 4 ANSWER to Complaint (Notice of Removal) by Combined Insurance Company of America. (mdea ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Combined Insurance Company of America.(mdea ) |
| Filing 1 NOTICE OF REMOVAL from Orangeburg County Common Pleas, case number 2019-CP-38-1439. (Filing fee $ 400 receipt number 0420-8842881), filed by Combined Insurance Company of America. (Attachments: #1 State Court Documents, #2 Exhibit B - Application for Life Insurance, #3 Exhibit C - Affidavit of Cynthia Chambers, #4 Exhibit D - Insurance Policy)(mdea ) |
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