Clark v. Christopher et al
| Susan Clark |
| Tommy Christopher doing business as Tommys Heating and Air, Thirteenth Circuit Solicitors Office and Paula Carpenter |
| 6:2023cv00289 |
| January 20, 2023 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| Henry M Herlong |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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Filing 22
AMENDED CONFERENCE AND SCHEDULING ORDER; 26(a) Initial Disclosures due by 6/7/2023, Motions to Amend Pleadings due by 6/28/2023, Plaintiffs ID of Expert Witness due by 7/30/2023, Defendants ID of Expert Witnesses Due by 8/29/2023, Records Custodian Affidavit due by 8/29/2023, Discovery due by 10/29/2023, Motions due by 12/28/2023, Mediation Due by 11/28/2023. All other dates set out. Signed by Magistrate Judge Jacquelyn D Austin on 3/10/23. (rweb, )
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| Filing 21 Joint Local Rule 26.03 Answers to Interrogatories by Paula Carpenter, Thirteenth Circuit Solicitors Office.(Smith, Philip) |
| Filing 20 Joint Rule 26(f) Report by Paula Carpenter, Thirteenth Circuit Solicitors Office. (Attachments: #1 Proposed Order Amended Scheduling Order)(Smith, Philip) |
| Filing 18 REPLY to Response to Motion re #6 MOTION to Dismiss Response filed by Paula Carpenter, Thirteenth Circuit Solicitors Office. (Walsh, James) |
| Filing 17 RESPONSE in Opposition re #6 MOTION to Dismiss Response filed by Susan Clark.Reply to Response to Motion due by 2/10/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kendrick, Joshua) |
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Filing 15
SCHEDULING ORDER; Rule 26(f) Conference Deadline 2/23/2023, 26(a) Initial Disclosures due by 3/9/2023, Rule 26 Report due by 3/9/2023, Motions to Amend Pleadings due by 3/30/2023, Plaintiffs ID of Expert Witness due by 5/1/2023, Defendants ID of Expert Witnesses Due by 5/31/2023, Records Custodian Affidavit due by 5/31/2023, Discovery due by 7/31/2023, Motions due by 9/29/2023, Mediation Due by 8/30/2023. All other dates set out. Signed by Magistrate Judge Jacquelyn D Austin on 2/2/23. (rweb, )
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| Filing 14 Local Rule 26.01 Answers to Interrogatories by Tommy Christopher.(Dawson, Edward) |
| Filing 13 ANSWER to Complaint by Tommy Christopher.(Dawson, Edward) |
| Filing 12 Local Rule 26.01 Answers to Interrogatories by Susan Clark.(Kendrick, Joshua) |
| Filing 11 CONSENT TO REMOVAL FROM STATE COURT by Tommy Christopher. (Dawson, Edward) |
| Filing 10 NOTICE of Appearance by Edward Hood Dawson, III on behalf of Tommy Christopher (Dawson, Edward) |
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Filing 9
TEXT ORDER TO SHOW CAUSE why this action should not be remanded for failure to comply with the rule of unanimity requirement of 28 U.S.C. 1446(b)(2)(A). See Hartford Fire Ins. Co. v. Harleysville Mut. Ins. Co., 736 F.3d 255, 259 (4th Cir. 2013) (noting that the rule of unanimity requires all defendants in a case to join in or consent to removal). Section 1446(b)(2)(A) provides that [w]hen a civil action is removed solely under section 1441(a), all defendants who have been properly joined and served must join in or consent to the removal of the action. Here, the notice of removal does not specify whether Defendant Tommy Christopher d/b/a Tommy's Heating and Air has been served or whether he consents to removing the action. Doc. #1 . However, the Court may take judicial notice of the state court filings and notes that the Greenville County 13th Judicial Circuit Public Index shows that affidavits of service were filed on January 11, 2023, averring that Defendant Tommy Christopher was personally served on December 23, 2022. Accordingly, Defendants Thirteenth Circuit Solicitor's Office and Paula Carpenter shall show cause, by January 31, 2023, why this case should not be remanded for failure to comply with the rule of unanimity. See Mulcahey v. Columbia Organic Chemicals Co., 29 F.3d 148, 151 (4th Cir. 1994) (The burden of establishing federal jurisdiction is placed upon the party seeking removal.); see also Mayo v. Bd. of Educ. of Prince George's Cnty., 713 F.3d 735, 741 n.1, 742 (4th Cir. 2013) (applying a prior version of the statute and holding that a notice of removal filed by fewer than all defendants must unambiguously represent that the other defendants consent to the removal and noting that the same analysis would apply to the current statute). Signed by Magistrate Judge Jacquelyn D Austin on 1/24/23. (rweb, )
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| Filing 8 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Greenville County. (Attachments: #1 State Court Documents Acknowledgment of Receipt of Notice of Removal)(Walsh, James) |
| Filing 6 MOTION to Dismiss by Paula Carpenter, Thirteenth Circuit Solicitors Office. Response to Motion due by 2/3/2023. (Attachments: #1 Memo in Support)No proposed order.Motions referred to Jacquelyn D Austin.(rweb, ) |
| Filing 5 CLERK'S NOTICE; Plaintiff is directed to file their Local Rule 26.01 Answers to Interrogatories no later than 2/6/23. (rweb, ) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by Paula Carpenter, Thirteenth Circuit Solicitors Office.(rweb, ) |
| Filing 3 ANSWER to Complaint (Notice of Removal) by Paula Carpenter, Thirteenth Circuit Solicitors Office. (rweb, ) |
| Filing 1 NOTICE OF REMOVAL from Greenville County Court of Common Pleas, case number 2022-CP-23-6736. (Filing fee $ 402 receipt number ASCDC-10903931), filed by Paula Carpenter, Thirteenth Circuit Solicitors Office. (Attachments: #1 State Court Documents)(rweb, ) (Additional attachment(s) added on 1/23/2023: #2 Certificate of Service) (rweb, ). |
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