Tomczak et al v. United Services Automobile Association et al
| Mallorey Tomczak, Luis Rivera-Solis, Kalitha Head, Josephine Walker and Leslie Wyatt |
| United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company and Garrison Property and Casualty Insurance Company |
| 5:2021cv01564 |
| May 26, 2021 |
| US District Court for the District of South Carolina |
| Mary Geiger Lewis |
| Insurance |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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Filing 44
ORDER granting #42 Joint MOTION for Extension of Time. (Rule 26 Report due by 8/10/2021; Garrison Property and Casualty Insurance Company answer due 8/27/2021; USAA Casualty Insurance Company answer due 8/27/2021; USAA General Indemnity Company answer due 8/27/2021; United Services Automobile Association answer due 8/27/2021) Signed by Honorable Mary Geiger Lewis on 7/27/2021. (cbru, )
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Filing 42
Joint MOTION for Extension of Time - To Extend Certain Deadlines by Garrison Property and Casualty Insurance Company, USAA Casualty Insurance Company, USAA General Indemnity Company, United Services Automobile Association. Response to Motion due by 8/9/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Brunson, Robert)
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Filing 41
Summons Issued as to Garrison Property and Casualty Insurance Company. (cbru, ) (Main Document 41 replaced on 7/22/2021) (cbru, ).
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Filing 40
Summons Issued as to USAA General Indemnity Company. (cbru, ) (Main Document 40 replaced on 7/22/2021) (cbru, ).
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Filing 39
Summons Issued as to USAA Casualty Insurance Company. (cbru, ) (Main Document 39 replaced on 7/22/2021) (cbru, ).
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Filing 37
AMENDED COMPLAINT against United Services Automobile Association, USAA Casualty Insurance Company, USAA General Indemnity Company, Garrison Property and Casualty Insurance Company filed by Mallorey Tomczak, Luis Rivera-Solis, Kalitha Head, Josephine Walker, Leslie Wyatt. Service due by 10/20/2021 (Hutto, Charles) Modified to edit text on 7/22/2021 (cbru, ). (Main Document 37 replaced on 7/22/2021) (cbru, ).
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Filing 36
TEXT ORDER granting #35 Motion to Amend/Correct. Plaintiff shall file the amended complaint forthwith. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 7/22/2021.(cbru, )
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Filing 35
MOTION to Amend/Correct Complaint by Mallorey Tomczak. Response to Motion due by 8/4/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Proposed Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Hutto, Charles) Modified to edit text on 7/22/2021 (cbru, ).
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Filing 34
TEXT ORDER granting #33 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 7/19/2021.(cbru, )
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Filing 33
MOTION to Appear Pro Hac Vice by Dezarae D. LaCrue (Filing fee $350 receipt number 0420-9962961) by Mallorey Tomczak. Response to Motion due by 7/30/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1Application/Affidavit, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Hutto, Charles) Modified to edit text on 7/16/2021 (cbru, ).
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Filing 32
TEXT ORDER granting #22 Motion to Appear Pro Hac Vice; granting #23 Motion to Appear Pro Hac Vice; granting #24 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 7/12/2021.(cbru, )
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Filing 31
Additional Attachments to Main Document #24 Consent MOTION to Appear Pro Hac Vice by James Cromley ( Filing fee $ 350 receipt number 0420-9941080). First attachment description: Certificate of Good Standing of James Cromley with Seal . (Brunson, Robert)
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Filing 30
Additional Attachments to Main Document #24 Consent MOTION to Appear Pro Hac Vice by James Cromley ( Filing fee $ 350 receipt number 0420-9941080). First attachment description: Application/Affidavit for Pro Hac Vice Admission of James Cromley with Seal . (Brunson, Robert)
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Filing 29
Additional Attachments to Main Document #23 Consent MOTION to Appear Pro Hac Vice by David Scott ( Filing fee $ 350 receipt number 0420-9941060). First attachment description: Certificate of Good Standing of David Scott with Seal . (Brunson, Robert)
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Filing 28
Additional Attachments to Main Document #22 Consent MOTION to Appear Pro Hac Vice by Jay Williams ( Filing fee $ 350 receipt number 0420-9940950). First attachment description: Certificate of Good Standing of Jay Williams with Seal . (Brunson, Robert)
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Filing 27
TEXT ORDER granting #26 Motion for Extension of Time to File Response/Reply re #17 MOTION to Dismiss Count III of Complaint. (Response to Motion due by 7/21/2021) Signed by Honorable Mary Geiger Lewis on 7/8/2021.(cbru, )
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Filing 26
Consent MOTION for Extension of Time to File Response/Reply as to #17 MOTION to Dismiss Count III of Complaint by Mallorey Tomczak. Response to Motion due by 7/21/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order for Extension)No proposed order.(Hutto, Charles)
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Filing 24
Consent MOTION to Appear Pro Hac Vice by James Cromley (Filing fee $350 receipt number 0420-9941080) by United Services Automobile Association. Response to Motion due by 7/20/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for PHV Admission of James Cromley, #2 Certificate of Good Standing of James Cromley)No proposed order.(Brunson, Robert) Modified to edit text on 7/6/2021 (cbru, ). Additional attachments filed as entries #30 , #31 on 7/9/2021 (cbru, ).
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Filing 23
Consent MOTION to Appear Pro Hac Vice by David Scott (Filing fee $350 receipt number 0420-9941060) by United Services Automobile Association. Response to Motion due by 7/20/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for PHV Admission of David Scott, #2 Certificate of Good Standing)No proposed order.(Brunson, Robert) Modified to edit text on 7/6/2021 (cbru, ). Additional attachment filed as entry #29 on 7/9/2021(cbru, ).
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Filing 22
Consent MOTION to Appear Pro Hac Vice by Jay Williams (Filing fee $350 receipt number 0420-9940950) by United Services Automobile Association. Response to Motion due by 7/20/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit for Pro Hac Vice Admission of Jay Williams, #2 Certificate of Good Standing of Jay Williams)No proposed order.(Brunson, Robert) Modified to edit text on 7/6/2021 (cbru, ). Additional attachment filed as entry #28 on 7/9/2021 (cbru, ).
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Filing 21
Local Rule 26.01 Answers to Interrogatories by Mallorey Tomczak.(Hutto, Charles)
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Filing 20
ANSWER to Complaint Counts I and II by United Services Automobile Association.(Brunson, Robert) Modified to edit text on 6/24/2021 (cbru, ).
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Filing 19
MEDIATION ORDER. Signed by Honorable Mary Geiger Lewis on 6/23/2021. (cbru, )
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Filing 18
CONFERENCE AND SCHEDULING ORDER: Rule 26 Report due by 7/27/2021, Motions to Amend Pleadings due by 8/23/2021, Plaintiffs ID of Expert Witness due by 9/21/2021, Defendants ID of Expert Witnesses Due by 10/21/2021, Records Custodian Affidavit due by 10/21/2021, Discovery due by 12/20/2021, Motion in Limine due by 4/4/2022, Motions due by 1/4/2022, Rule 26(a)(3) Disclosures due by 3/21/2022, Jury Selection Deadline 4/25/2022, Mediation Due by 3/7/2022. Signed by Honorable Mary Geiger Lewis on 6/23/2021. (cbru, )
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Filing 17
MOTION to Dismiss Count III of Complaint by United Services Automobile Association. Response to Motion due by 7/7/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Brunson, Robert)
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Filing 16
TEXT ORDER granting #11 Motion to Appear Pro Hac Vice; granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice. Signed by Honorable Mary Geiger Lewis on 6/22/2021.(cbru, )
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Filing 15
CERTIFICATE OF SERVICE by Mallorey Tomczak re #13 First MOTION to Appear Pro Hac Vice by Margeaux R. Azar ( Filing fee $ 350 receipt number 0420-9916195), #14 First MOTION to Appear Pro Hac Vice by Franklin D. Azar ( Filing fee $ 350 receipt number 0420-9916219), #12 First MOTION to Appear Pro Hac Vice by Michael D. Murphy ( Filing fee $ 350 receipt number 0420-9915742), #11 Consent MOTION to Appear Pro Hac Vice by Brian Hanlin ( Filing fee $ 350 receipt number 0420-9911007) (Hutto, Charles)
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Filing 14
MOTION to Appear Pro Hac Vice by Franklin D. Azar (Filing fee $350 receipt number 0420-9916219) by Mallorey Tomczak. Response to Motion due by 7/6/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)No proposed order.(Hutto, Charles) Modified to edit text on 6/22/2021 (cbru, ).
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Filing 13
MOTION to Appear Pro Hac Vice by Margeaux R. Azar (Filing fee $350 receipt number 0420-9916195) by Mallorey Tomczak. Response to Motion due by 7/6/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)No proposed order.(Hutto, Charles) Modified to edit text on 6/22/2021 (cbru, ).
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Filing 12
MOTION to Appear Pro Hac Vice by Michael D. Murphy (Filing fee $350 receipt number 0420-9915742) by Mallorey Tomczak. Response to Motion due by 7/6/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hutto, Charles) Modified to edit text on 6/22/2021 (cbru, ).
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Filing 11
MOTION to Appear Pro Hac Vice by Brian Hanlin (Filing fee $350 receipt number 0420-9911007) by Mallorey Tomczak. Response to Motion due by 7/1/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application/Affidavit, #2 Certificate of Good Standing, #3 Proposed Order)No proposed order.(Hutto, Charles) Modified to edit text on 6/22/2021 (cbru, ).
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Filing 9
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 June 25, 2021. (cbru, )
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Filing 8
REPLY by United Services Automobile Association Statement in Response to Court's Standing Order Regarding All Removed Cases. (Brunson, Robert)
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Filing 7
CERTIFICATE OF SERVICE by United Services Automobile Association re #3 Local Rule 26.01 Answers to Interrogatories, #1 Notice of Removal, (Attachments: #1 Exhibit A- Certificate of Service)(Brunson, Robert)
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Filing 6
NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Orangeburg County. (Attachments: #1 Exhibit A- Filed Notice of Filing Notice of Removal (Orangeburg County Court of Common Pleas))(Brunson, Robert)
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Filing 4
TEXT ORDER: The parties' attention is directed to the Court's Standing Order Regarding All Removed Cases Assigned to Judge Mary Geiger Lewis, located on the District Court's website at https://www.scd.uscourts.gov/Forms/Special_Instructions/Lewis_Standing%20_Order_Regarding_Removed_Cases.pdf. Not later than seven days from the entry of this Text Order, Defendant(s) shall file the information mandated by the Order. IT IS SO ORDERED. (Reply due by 6/3/2021) Signed by Honorable Mary Geiger Lewis on 5/27/2021. (cbru, )
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Filing 3
Local Rule 26.01 Answers to Interrogatories by United Services Automobile Association.(cbru, )
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Filing 1
NOTICE OF REMOVAL from Orangeburg County Court of Common Pleas, case number 2021-CP-38-00393 (Filing fee $402 receipt number 0420-9870001) filed by United Services Automobile Association. (Attachments: #1 Exhibit 1 - Complaint and Service Documents, #2 Exhibit 2 - Orangeburg County Case Docket and Filings)(cbru, )
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