Wartak v. CBC Operations Group, LLC et al
| Seth Wartak |
| CBC Operations Group, LLC doing business as Cold Bore Capital, Sergio Zepeda, Matthew Schachman and Daniel Quinn |
| 6:2024cv00173 |
| January 10, 2024 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| Plaintiff |
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| Filing 31 TEXT ORDER: Defendants Sergio Zepeda, Matthew Schachman, and Daniel Quinn (hereinafter "Individual Defendants"), by and through their attorneys, filed a Motion to Dismiss Plaintiff's Complaint for lack of personal jurisdiction pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. (ECF No. #20 ). Plaintiff Seth Wartak filed a response in opposition to the motion, (ECF No. #24 ), arguing, among other things, that he should be permitted to engage in jurisdictional discovery before any consideration is given to a dismissal of the individual defendants. The court agrees. On a motion to dismiss for lack of personal jurisdiction under Federal Rule of Civil Procedure 12(b)(2), "the jurisdictional question... raised is one for the judge, with the burden on the plaintiff ultimately to prove the existence of a ground for jurisdiction by a preponderance of the evidence." Combs v. Bakker, 886 F.2d 673, 676 (4th Cir. 1989). When a district court rules on a 12(b)(2) motion without conducting an evidentiary hearing, however, "the burden on the plaintiff is... to make a prima facie showing of a sufficient jurisdictional basis in order to survive the jurisdictional challenge." Id. This showing "must be based on affirmative proof beyond the pleadings, such as affidavits, testimony or other competent evidence of specific facts." Thomas v. Huff, Thomas & Co., No. 3:12-2460-CMC, 2012 WL 13006004, at *1 (D.S.C. Dec. 6, 2012) (quoting Wright & Miller 1067.6). The court has discretion to permit additional, limited discovery as to jurisdictional issues, Mylan Laboratories, Inc. v. Akzo, N.V., 2 F.3d 56, 64 (4th Cir. 1993), and "[w]hen the Plaintiff's claim does not appear to be frivolous, a district court should ordinarily allow discovery on jurisdiction in order to aid the Plaintiff in discharging the burden of establishing the court's jurisdiction." Central Wesleyan College v. W.R. Grace & Co., 143 F.R.D. 628, 644 (D.S.C. 1992). The court finds that discovery as to the issue of personal jurisdiction is appropriate to more fully develop the factual record. Accordingly, the court finds that at this stage of the case, the motion to dismiss (ECF No. #20 ) should be denied. The court is cognizant of Defendants' request that the jurisdictional discovery period in this case be ordered to conclude at the time of the jurisdictional discovery period in Wartak v. CBC Operations Group, LLC, 6:23-cv-699 (ECF No. #28 at 3, n.1). The court appreciates Defendants' optimism in the parties' ability to swiftly complete the necessary discovery. However, upon review of the record in both this case and Wartak v. CBC Operations Group, LLC, 6:23-cv-699, the court finds sixty days to be a more realistic timeframe for completion of jurisdictional discovery without requiring further intervention on the matter from the court. The extended timeframe will also assist the parties in conducting any additional discovery on any issues that may not have been pertinent to the discovery process in Wartak v. CBC Operations Group, LLC, 6:23-cv-699. Accordingly, the court GRANTS the parties sixty (60) days to conduct jurisdictional discovery. The motion to dismiss (ECF No. #20 ) is DENIED without prejudice to the right of the Individual Defendants to refile and supplement the motion to dismiss or to file any other dispositive motion on the issue of personal jurisdiction consistent with applicable law. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 3/1/24.(kmca) |
| Filing 29 DELETION OF DOCKET ENTRY NUMBER #27 Response in Support. Reason: re-filed by attorney to correct event and footnotes' size. Corrected Filing Document Number #28 Reply to Response to Motion. Modified filing date to that of original filing: 2/27/24. (kmca) |
| Filing 28 REPLY to Response to Motion re #20 Individual Defendants MOTION to Dismiss Response filed by Daniel Quinn, Matthew Schachman, Sergio Zepeda. (Evert, Jill) Modified on 2/28/2024: to correct date filed. (kmca). |
| Filing 26 MOTION to Consolidate Cases and MOTION for Consolidated Scheduling Order by CBC Operations Group, LLC, Daniel Quinn, Matthew Schachman, Sergio Zepeda. Response to Motion due by 3/11/2024. 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 Consolidated Scheduling Order)No proposed order.(Foster, William). Added MOTION for Consolidated Scheduling Order on 2/27/2024: to add additional relief requested (kmca). Modified on 2/28/2024 to replace corrected main document provided by the filer. (jens). |
| Filing 24 RESPONSE in Opposition re #20 Individual Defendants MOTION to Dismiss Response filed by Seth Wartak.Reply to Response to Motion due by 2/27/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Summerlin, Jeremy) |
| Filing 23 MEDIATION ORDER. Mediation Due by 8/5/2024. Signed by Honorable Timothy M Cain on 2/12/24. (kmca) |
Filing 22
SCHEDULING ORDER: Rule 26(f) Conference Deadline 3/4/2024, 26(a) Initial Disclosures due by 3/18/2024, ADR Statement/Certification due by 3/18/2024, Rule 26 Report due by 3/18/2024, Motions to Amend Pleadings due by 4/29/2024, Plaintiffs ID of Expert Witness due by 5/29/2024, Defendants ID of Expert Witnesses Due by 6/28/2024, Records Custodian Affidavit due by 6/28/2024, Discovery due by 7/29/2024, Motions due by 8/12/2024, Jury Selection Deadline 10/11/2024 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 2/12/24. (kmca)
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| Filing 21 ANSWER to Complaint by CBC Operations Group, LLC.(Foster, William) (Main Document 21 replaced on 2/9/2024: to replace with corrected document (signature block) as provided by filing user) (kmca). |
| Filing 20 Individual Defendants MOTION to Dismiss by Daniel Quinn, Matthew Schachman, Sergio Zepeda. Response to Motion due by 2/20/2024. 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, #2 Exhibit 1 - Declaration of Sergio Zepeda, #3 Exhibit 2 - Declaration of Dan Quinn, #4 Exhibit 3 - Declaration of Matthew Schachman, #5 Exhibit 4 - Deposition of Sergio Zepeda)No proposed order.(Foster, William) Modified on 2/6/2024: to edit text (kmca). |
| Filing 18 REPLY by CBC Operations Group, LLC re Citizenship of LLC per 17 Order. (Foster, William) Modified on 2/2/2024: to add link ( 17 ) (kmca). |
| Filing 17 TEXT ORDER. Jurisdiction in this matter is predicated upon diversity of citizenship pursuant to 28 U.S.C. 1332. Within ten (10) days of the date of this order, Defendant CBC Operations Group, LLC is to inform the court of the citizenship of all its members for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied. See 28 U.S.C. 1332; Gen. Tech. Applications, Inc. v. Exro Ltda, 388 F. 3d 114, 121 (4th Cir. 2004) (holding that "[a limited liability company] is an unincorporated association, akin to a partnership for diversity purposes, whose citizenship is that of its members."); see also Local Rule 26.01(H) (D.S.C.). Entered at the direction of the Honorable Timothy M Cain on 2/1/24. (Reply due by 2/12/2024.)(kmca) |
| Filing 16 TEXT ORDER granting #14 Motion to Appear Pro Hac Vice; granting #15 Motion to Appear Pro Hac Vice. Jiwon J. Yhee and Christen J. McGlynn added for defendants. Signed by Honorable Timothy M Cain on 1/31/2024.(jens) |
| Filing 15 MOTION to Appear Pro Hac Vice by Christen J. McGlynn ( Filing fee $ 350 receipt number ASCDC-11561481) by CBC Operations Group, LLC, Daniel Quinn, Matthew Schachman, Sergio Zepeda. Response to Motion due by 2/14/2024. 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 Pro Hac Vice application - CJM, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Evert, Jill) |
| Filing 14 MOTION to Appear Pro Hac Vice by Jiwon J. Yhee ( Filing fee $ 350 receipt number ASCDC-11561382) by CBC Operations Group, LLC, Daniel Quinn, Matthew Schachman, Sergio Zepeda. Response to Motion due by 2/14/2024. 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 Pro Hac Vice Application - JJY, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Evert, Jill) |
| Filing 13 SUMMONS Returned Executed by Seth Wartak. Daniel Quinn served on 1/6/2024, answer due 2/5/2024. (Attachments: #1 Exhibit Affidavit of Service)(Summerlin, Jeremy) |
| Filing 12 TEXT ORDER granting #10 Motion for Extension of Time to Answer. CBC Operations Group LLC answer due 2/7/2024; Matthew Schachman answer due 2/7/2024; Sergio Zepeda answer due 2/7/2024. Entered at the direction of the Honorable Timothy M Cain on 1/17/24.(kmca) |
| Filing 11 RESPONSE in Opposition re #10 MOTION for Extension of Time to File Answer Response filed by Seth Wartak.Reply to Response to Motion due by 1/23/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Emails between Counsel)(Summerlin, Jeremy) |
| Filing 10 MOTION for Extension of Time to File Answer by CBC Operations Group, LLC, Matthew Schachman, Sergio Zepeda. Response to Motion due by 1/30/2024. 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.(Foster, William) |
| Filing 7 Local Rule 26.01 Answers to Interrogatories by Seth Wartak.(Summerlin, Jeremy) |
| Filing 5 CLERK'S NOTICE: Plaintiff's Local Rule 26.01 Interrogatories (including section H) are due fourteen (14) days after removal. (jens) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by CBC Operations Group, LLC, Matthew Schachman, Sergio Zepeda.(jens) (Main Document 3 replaced on 1/11/2024: to replace with corrected document (add alias to defendant) as provided by filing user) (kmca). |
| Filing 1 NOTICE OF REMOVAL from Greenville County Court of Common Pleas, case number 2022-CP-23-06171. (Filing fee $ 405 receipt number ASCDC-11521471), filed by Sergio Zepeda, CBC Operations Group, LLC, Matthew Schachman. (Attachments: #1 State Court Documents Exhibit 1- State Court Pleadings, #2 State Court Documents Exhibit 2- State Court Proof of Service, #3 State Court Documents Exhibit 3- Declaration of Sergio Zepeda, #4 State Court Documents Exhibit 4- State Court Notice)(jens) (Main Document 1 replaced on 1/11/2024: to replace with corrected document (add alias to defendant) as provided by filing user) (kmca). |
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