Western Pharmacy Group LLC v. JM Smith Corporation
Plaintiff: Western Pharmacy Group LLC and Western Pharmacy Group LLC doing business as Medical Center Pharmacy
Defendant: JM Smith Corporation and JM Smith Corporation doing business as QS-1 Data Systems
Case Number: 7:2020cv01168
Filed: March 25, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: Timothy M Cain
Referring Judge: Donald C Coggins
2 Judge: Joseph Dawson
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 29, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 29, 2021 Filing 55 FOURTH AMENDED SCHEDULING ORDER; Plaintiffs ID of Expert Witness due by 2/1/2022, Defendants ID of Expert Witnesses Due by 3/1/2022, Discovery due by 4/29/2022, Motions due by 6/15/2022, Jury Selection Deadline 8/1/2022, Mediation Due by 4/29/2022. All other dates set out. Signed by Honorable Joseph Dawson, III on 11/29/21. (rweb, )
November 29, 2021 Filing 54 TEXT ORDER granting #52 Joint Motion to Amend Third Amended Scheduling Order as provided in the Fourth Amended Scheduling Order. Signed by Honorable Joseph Dawson, III on 11/29/21.(rweb, )
November 23, 2021 Filing 52 Joint MOTION for Extension of Time to Scheduling Order by JM Smith Corporation. Response to Motion due by 12/7/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Outten, Samuel)
September 20, 2021 Filing 51 THIRD AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 1/14/2022, Defendants ID of Expert Witnesses Due by 2/15/2022, Discovery due by 12/31/2021, Motion in Limine due by 5/16/2022, Motions due by 4/30/2022, Rule 26(a)(3) Disclosures due by 6/1/2022, Jury Selection Deadline 6/15/2022, Mediation Due by 12/31/2021. All other dates set out. Signed by Honorable Joseph Dawson, III on 9/20/21. (rweb, )
September 20, 2021 Filing 50 TEXT ORDER granting #48 Motion to Amend Scheduling Order. Signed by Honorable Joseph Dawson, III on 9/20/21.(rweb, )
September 17, 2021 Filing 48 Consent MOTION to Amend/Correct #39 Scheduling Order,,, Terminate Motions,, by Western Pharmacy Group LLC. Response to Motion due by 10/1/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Weaver, Zachary)
May 13, 2021 Filing 47 MINUTE ENTRY: The Court held a telephonic status conference with the parties related to Docket Entry 40. No action is required of the parties at this time. Proceedings held before Honorable Joseph Dawson, III: Telephone Conference held on 5/13/2021. (rweb, )
May 7, 2021 Filing 46 NOTICE of Hearing: Telephone Conference set for 5/13/2021 11:00 AM before Honorable Joseph Dawson III. Dial into 833-600-1825; Conference Room #: 436-336-928(rweb, )
May 7, 2021 Filing 45 TEXT ORDER granting #40 Consent MOTION for Status Conference. Signed by Honorable Joseph Dawson, III on 5/7/21.(rweb, )
March 29, 2021 Filing 42 TEXT ORDER granting #41 Motion to Withdraw as Attorney. Signed by Honorable Joseph Dawson, III on 3/29/21.(rweb, )
March 23, 2021 Filing 41 MOTION to Withdraw as Attorney by JM Smith Corporation. Response to Motion due by 4/6/2021. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Towery, Katie)
March 18, 2021 Filing 40 Consent MOTION for Status Conference by JM Smith Corporation. Response to Motion due by 4/1/2021. 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. No proposed order.(Builder, Lindsay) (Main Document 40 replaced on 3/18/2021) (rweb, ). Modified on 3/18/2021 to replace document with corrected signature as provided by filing user (rweb, ).
March 16, 2021 Filing 39 SECOND AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 10/15/2021, Defendants ID of Expert Witnesses Due by 11/15/2021, Records Custodian Affidavit due by 8/30/2021, Discovery due by 9/30/2021, Motion in Limine due by 2/15/2022, Motions due by 1/30/2022, Rule 26(a)(3) Disclosures due by 3/1/2022, Pretrial Briefs due by 3/8/2022, Jury Selection Deadline 3/15/2022, Mediation Due by 9/30/2021. Motions granted: #38 Consent MOTION to Amend/Correct #31 Scheduling Order, filed by Western Pharmacy Group LLC. Signed by Honorable Joseph Dawson, III on 3/16/21. (rweb, )
March 12, 2021 Filing 38 Consent MOTION to Amend/Correct #31 Scheduling Order,, by Western Pharmacy Group LLC. Response to Motion due by 3/26/2021. 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 Second Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Weaver, Zachary)
February 3, 2021 Filing 37 TEXT ORDER denying #24 Partial Motion to Dismiss and Motion to Strike Plaintiff's First Amended Complaint because there are sufficient facts to support a cause of action. Signed by Honorable Joseph Dawson, III on 2/3/21.(rweb, )
January 15, 2021 Filing 36 NOTICE OF CHANGE OF CASE NUMBER from Case Number 7:20-cv-01168-DCC to 7:20-cv-01168-JD. (rweb, )
January 14, 2021 Filing 35 Case Reassigned to Judge Joseph Dawson, III. Judge Donald C Coggins, Jr no longer assigned to the case. (suro, )
October 8, 2020 Filing 34 Sealed Document in re document #33 , #24 . (Attachments: #1 Exhibit B)(Outten, Samuel)
October 6, 2020 Opinion or Order Filing 33 ORDER granting #23 Motion to Seal as set out. Signed by Honorable Donald C Coggins, Jr on 10/6/20.(alew, )
July 30, 2020 Opinion or Order Filing 32 ORDER granting #30 Motion for Confidentiality Order; Confidentiality Order. Signed by Honorable Donald C Coggins, Jr on 7/30/20.(alew, )
July 30, 2020 Filing 31 AMENDED CONFERENCE AND SCHEDULING ORDER: Motions to Amend Pleadings due by 1/15/2021, Plaintiffs ID of Expert Witness due by 3/15/2021, Defendants ID of Expert Witnesses Due by 4/15/2021, Records Custodian Affidavit due by 5/15/2021, Discovery due by 5/15/2021, Motion in Limine due by 7/7/2021, Motions due by 6/1/2021, Rule 26(a)(3) Disclosures due by 7/16/2021, Jury Selection Deadline 8/17/2021, Mediation Due by 6/15/2021. Signed by Honorable Donald C Coggins, Jr on 7/30/20. (alew, )
July 29, 2020 Filing 30 Joint MOTION for Confidentiality Order by JM Smith Corporation. Response to Motion due by 8/12/2020. 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 Redline of Proposed Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Outten, Samuel)
July 29, 2020 Filing 29 Joint Local Rule 26.03 Answers to Interrogatories by Western Pharmacy Group LLC.(Weaver, Zachary)
July 15, 2020 Filing 28 MINUTE ENTRY: phone conference held with the Honorable Donald C. Coggins, Jr. The parties are directed to submit responses to Local Civil Rule (D.S.C.) 26.03 interrogatories within 14 days. In the event the parties determine it is necessary at this stage, they are further directed to submit a joint proposed amended scheduling order within 14 days. Proceedings held before Honorable Donald C Coggins, Jr: Pretrial Conference held on 7/15/2020. (abuc)
July 15, 2020 Filing 27 PROTOCOL RELATING TO THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION (ESI) by Western Pharmacy Group LLC. (Joyner, Lindsay) Modified on 7/15/2020 to correct event type. (lgib, )
June 3, 2020 Filing 25 RESPONSE in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Response filed by Western Pharmacy Group LLC.Reply to Response to Motion due by 6/10/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Weaver, Zachary)
May 20, 2020 Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JM Smith Corporation. Response to Motion due by 6/3/2020. 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.(Outten, Samuel). Added MOTION to Strike on 5/21/2020; modified to add motion relief (alew, ).
May 20, 2020 Filing 23 Consent MOTION to Seal by JM Smith Corporation. Response to Motion due by 6/3/2020. 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.(Outten, Samuel)
May 20, 2020 Filing 22 ANSWER to #18 Amended Complaint by JM Smith Corporation.(Outten, Samuel) (Main Document 22 replaced on 5/21/2020) (alew, ). Modified on 5/21/2020 to replace with corrected document provided by filing user (alew, ).
May 14, 2020 Filing 21 TEXT ORDER finding as moot #8 Motion to Dismiss for Failure to State a Claim; finding as moot #8 Motion to Strike re: #1 Complaint Signed by Honorable Donald C Coggins, Jr on 5/14/20.(alew, )
May 8, 2020 Filing 19 RESPONSE in Opposition re #8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Strike Response filed by Western Pharmacy Group LLC.Reply to Response to Motion due by 5/15/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Weaver, Zachary)
May 8, 2020 Filing 18 AMENDED COMPLAINT against JM Smith Corporation, filed by Western Pharmacy Group LLC. Service due by 8/6/2020 (Weaver, Zachary)
May 1, 2020 Filing 17 NOTICE of Appearance by Lindsay Anne Joyner on behalf of Western Pharmacy Group LLC (Joyner, Lindsay)
May 1, 2020 Filing 16 NOTICE of Appearance by Natalie Rae Ecker on behalf of Western Pharmacy Group LLC (Ecker, Natalie)
April 30, 2020 Opinion or Order Filing 15 ORDER AND NOTICE SETTING PRETRIAL TELEPHONE CONFERENCE for 7/15/2020 10:30 AM before Honorable Donald C Coggins Jr. Plaintiff's counsel is directed to arrange and initiate the conference call, conference in all other participating counsel, and then connect to chambers at 864-591-5340. Signed by Honorable Donald C Coggins, Jr on 4/30/20. (alew, )
April 30, 2020 Filing 14 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 5/20/2020, Motions to Amend Pleadings due by 7/14/2020, Plaintiffs ID of Expert Witness due by 8/10/2020, Defendants ID of Expert Witnesses Due by 9/8/2020, Records Custodian Affidavit due by 9/28/2020, Discovery due by 10/27/2020, Motion in Limine due by 12/29/2020, Motions due by 11/10/2020, Rule 26(a)(3) Disclosures due by 1/4/2021, Jury Selection Deadline 1/25/2021, Mediation Due by 11/24/2020. Signed by Honorable Donald C Coggins, Jr on 4/30/20. (alew, )
April 27, 2020 Filing 13 Sealed Document in re document #8 , #12 . (Attachments: #1 Exhibit A - 01/04/2019 Proposal, #2 Exhibit B - 01/14/2019 License Agreement)(Outten, Samuel)
April 27, 2020 Opinion or Order Filing 12 ORDER granting #7 Motion to Seal as set out. Signed by Honorable Donald C Coggins, Jr on 4/27/20.(alew, )
April 24, 2020 Filing 10 Local Rule 26.01 Answers to Interrogatories by JM Smith Corporation.(Outten, Samuel)
April 24, 2020 Filing 9 ANSWER to #1 Complaint by JM Smith Corporation.(Outten, Samuel)
April 24, 2020 Filing 8 Partial MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 5/8/2020. 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. ), MOTION to Strike by JM Smith Corporation. No proposed order.(Outten, Samuel) Modified on 4/24/2020 to edit text (alew, ).
April 24, 2020 Filing 7 MOTION to Seal Exhibits to J M Smith's Partial Motion to Dismiss and Motion to Strike by JM Smith Corporation. Response to Motion due by 5/8/2020. 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.(Outten, Samuel)
April 9, 2020 Filing 6 Case Reassigned to Judge Donald C Coggins, Jr. Judge Timothy M Cain no longer assigned to the case. (suro)
April 7, 2020 Filing 5 SUMMONS Returned Executed by Western Pharmacy Group LLC. JM Smith Corporation served on 4/3/2020, answer due 4/24/2020. (Attachments: #1 Exhibit Acceptance of Service)(Weaver, Zachary)
March 26, 2020 Filing 4 Summons Issued as to JM Smith Corporation. (kmca)
March 25, 2020 Filing 3 Local Rule 26.01 Answers to Interrogatories by Western Pharmacy Group LLC.(kmca)
March 25, 2020 Filing 1 COMPLAINT against JM Smith Corporation (Filing fee $400 receipt number 0420-9020485), filed by Western Pharmacy Group LLC. Service due by 6/24/2020.(kmca) Modified on 3/26/2020: to correct date filed (kmca).

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Defendant: JM Smith Corporation
Represented By: Katie Elizabeth Towery
Represented By: Lindsay Livingston Builder
Represented By: Samuel W Outten
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Defendant: JM Smith Corporation doing business as QS-1 Data Systems
Represented By: Samuel W Outten
Represented By: Katie Elizabeth Towery
Represented By: Lindsay Livingston Builder
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Plaintiff: Western Pharmacy Group LLC
Represented By: Zachary Lee Weaver
Represented By: T David Rheney
Represented By: Lindsay Anne Joyner
Represented By: Natalie Rae Ecker
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Plaintiff: Western Pharmacy Group LLC doing business as Medical Center Pharmacy
Represented By: T David Rheney
Represented By: Zachary Lee Weaver
Represented By: Lindsay Anne Joyner
Represented By: Natalie Rae Ecker
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