Joslin v. Tristar Products Inc
| Kyle Joslin |
| Tristar Products Inc |
| 7:2021cv02809 |
| August 31, 2021 |
| US District Court for the District of South Carolina |
| Donald C Coggins |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Both |
Docket Report
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Filing 48
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Donald C Coggins, Jr on 12/8/22. (alew, )
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| Filing 47 NOTICE of Cancellation of Hearing: Motion Hearing, Wednesday December 14, 2022 @ 10:00am (alew, ) |
| Filing 45 NOTICE of Hearing on Motion #32 MOTION to Compel , #42 Second MOTION to Compel Discovery : Motion Hearing set for Wednesday, 12/14/2022 10:00 AM in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Donald C Coggins Jr. (alew, ) |
| Filing 44 RESPONSE in Opposition re #42 Second MOTION to Compel Discovery Response filed by Tristar Products Inc.Reply to Response to Motion due by 12/9/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - October 27, 2022 email, #2 Exhibit B - October 27, 2022 letter, #3 Exhibit C - Defendant's Supplemental discovery responses)(Builder, Lindsay) |
| Filing 43 PLAINTIFF'S ID OF EXPERT WITNESSES RULE 26(A)(2) EXPERT DISCLOSURES by Kyle Joslin.(Langley, Timothy) |
| Filing 42 Second MOTION to Compel Discovery by Kyle Joslin. Response to Motion due by 12/2/2022. 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 Plaintiff's 2nd Set of Request for Production to Defendant Tristar, #2 Exhibit Defendant's Responses to Plaintiff's 2nd Set of Requests for Production, #3 Exhibit Letter to Def. Atty regarding Defendant Tristar's Responses to Plaintiff's 2nd Set of Requests for Production)No proposed order.(Langley, Timothy) |
| Filing 41 CONSENT FIFTH AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 1/16/2023, Defendants ID of Expert Witnesses Due by 2/15/2023, Motions to Amend Pleadings due by 2/15/2023, Discovery due by 4/17/2023, Records Custodian Affidavit due by 5/15/2023, Motions due by 5/15/2023, Mediation Due by 2/1/2023, Jury Selection Deadline 8/15/2023. Signed by Honorable Donald C Coggins, Jr on 10/3/22. (alew, ) |
| Filing 40 TEXT ORDER granting #39 Motion to Amend/Correct #31 Consent Fourth Amended Scheduling Order. Signed by Honorable Donald C Coggins, Jr on 10/3/22.(alew, ) Modified on 10/3/2022 to edit text (alew, ). |
| Filing 39 Consent MOTION to Amend/Correct #31 Scheduling Order, by Tristar Products Inc. Response to Motion due by 10/14/2022. 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.(Builder, Lindsay) |
| Filing 37 DELETION OF DOCKET ENTRY NUMBER 35 Reason: attorney refiled to make correction. Corrected Filing Document Number #36 . Modified filing date to that of original filing: 9/14/22 (alew, ) |
| Filing 36 REPLY to Response to Motion re #32 MOTION to Compel Response filed by Kyle Joslin. (Attachments: #1 Exhibit A- Emails re: Discovery)(Langley, Timothy) Modified on 9/16/2022 to correct filing date, to add exhibit description (alew, ). |
| Filing 34 RESPONSE in Opposition re #32 MOTION to Compel Response filed by Tristar Products Inc.Reply to Response to Motion due by 9/14/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Tristar's Initial Discovery Responses, #2 Exhibit B - Tristar's Amended and Supplemental Responses to Plaintiff's Initial Requests for Production, #3 Exhibit C - Plaintiff's Second Set of Requests for Production)(Builder, Lindsay) |
| Filing 33 NOTICE of Request for Protection from Court Appearance by Lindsay Livingston Builder for 11/28/2022-12/02/2022 (Builder, Lindsay) |
| Filing 32 MOTION to Compel by Kyle Joslin. Response to Motion due by 9/7/2022. 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 Plaintiff's Discovery Requests)No proposed order.(Langley, Timothy) |
| Filing 31 CONSENT FOURTH AMENDED SCHEDULING ORDER: Mediation Due by 10/1/2022, Motions to Amend Pleadings due by 10/15/2022, Plaintiffs ID of Expert Witness due by 11/15/2022, Defendants ID of Expert Witnesses Due by 12/15/2022, Discovery due by 2/15/2023, Records Custodian Affidavit due by 3/15/2023, Motions due by 3/15/2023, Jury Selection Deadline 6/15/2023. Signed by Honorable Donald C Coggins, Jr on 7/29/22. (alew, ) |
| Filing 30 TEXT ORDER granting #29 Motion to Amend/Correct #25 Consent Third Amended Conference and Scheduling Order. Signed by Honorable Donald C Coggins, Jr on 7/29/22.(alew, ) |
| Filing 29 Fourth MOTION to Amend/Correct #25 Scheduling Order, by Kyle Joslin. Response to Motion due by 8/10/2022. 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 Forth Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Langley, Timothy) |
| Filing 28 MINUTE ENTRY: Telephone Discovery Conference held with the Honorable Donald C. Coggins, Jr. The parties indicated that they will submit a joint proposed amended scheduling order extending all deadlines by 90 days. The parties agreed they will seek to resolve their discovery issues per our discussion. If the parties are unable to resolve the discovery issues discussed, they may file any appropriate motions without further conference with the Court. (alew, ) |
| Filing 27 NOTICE of Hearing: Discovery Telephone Conference set for Wednesday, 7/20/2022 02:00 PM 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.(alew, ) |
| Filing 26 TEXT ORDER granting #23 Motion to Appear Pro Hac Vice as to David S. Osterman for Tristar Products Inc. Signed by Honorable Donald C Coggins, Jr on 6/15/22.(alew, ) |
| Filing 25 CONSENT THIRD AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 7/15/2022, Plaintiffs ID of Expert Witness due by 8/15/2022, Defendants ID of Expert Witnesses Due by 9/15/2022, Discovery due by 11/15/2022, Mediation Due by 11/15/2022, Records Custodian Affidavit due by 12/15/2022, Motions due by 12/15/2022, Jury Selection Deadline 3/15/2023. Signed by Honorable Donald C Coggins, Jr on 6/15/22. (alew, ) |
| Filing 24 TEXT ORDER granting #22 Motion to Amend/Correct #19 Consent Second Amended Scheduling Order. Signed by Honorable Donald C Coggins, Jr on 6/15/22.(alew, ) |
| Filing 23 MOTION to Appear Pro Hac Vice by David S. Osterman ( Filing fee $ 350 receipt number ASCDC-10542265) by Tristar Products Inc. Response to Motion due by 6/29/2022. 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 for David Osterman)No proposed order.(Builder, Lindsay) |
| Filing 22 Joint MOTION to Amend/Correct #19 Scheduling Order, by Tristar Products Inc. Response to Motion due by 6/28/2022. 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.(Builder, Lindsay) |
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Filing 21
ORDER granting #20 Motion for Confidentiality Order; Confidentiality Order. Signed by Honorable Donald C Coggins, Jr on 4/25/22.(alew, )
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| Filing 20 Consent MOTION for Confidentiality Order by Tristar Products Inc. Response to Motion due by 5/4/2022. 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.(Builder, Lindsay) |
| Filing 19 CONSENT SECOND AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 4/15/2022, Plaintiffs ID of Expert Witness due by 6/15/2022, Defendants ID of Expert Witnesses Due by 7/15/2022, Mediation Due by 9/15/2022, Discovery due by 9/15/2022, Records Custodian Affidavit due by 10/14/2022, Motions due by 10/14/2022, Jury Selection Deadline 1/16/2023. Signed by Honorable Donald C Coggins, Jr on 3/14/22. (alew, ) |
| Filing 18 TEXT ORDER granting #17 Motion to Amend/Correct #13 Consent Amended Scheduling Order. Signed by Honorable Donald C Coggins, Jr on 3/14/22.(alew, ) |
| Filing 17 Consent MOTION to Amend/Correct #13 Consent Amended Scheduling Order by Tristar Products Inc. Response to Motion due by 3/25/2022. 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.(Builder, Lindsay) Modified on 3/14/2022 to correct motion relief, to add linkage (alew, ). |
| Filing 15 TEXT ORDER granting #14 Motion to Substitute Attorney as set out. Signed by Honorable Donald C Coggins, Jr on 3/11/22.(alew, ) |
| Filing 14 Consent MOTION to Substitute Attorney by Tristar Products Inc. Response to Motion due by 3/24/2022. 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) |
| Filing 13 CONSENT AMENDED SCHEDULING ORDER: Motions to Amend Pleadings due by 3/14/2022, Plaintiffs ID of Expert Witness due by 5/16/2022, Defendants ID of Expert Witnesses Due by 6/13/2022, Records Custodian Affidavit due by 9/12/2022, Discovery due by 8/15/2022, Motions due by 9/12/2022, Jury Selection Deadline 12/12/2022, Mediation Due by 8/15/2022. Signed by Honorable Donald C Coggins, Jr on 12/1/21. (alew, ) |
| Filing 12 Joint Local Rule 26.03 Answers to Interrogatories by Tristar Products Inc.(Thompson, Jay) |
| Filing 10 Minute Entry. Telephone conference held with the Honorable Donald C. Coggins, Jr. on 11/4/2021. The parties are directed to submit a joint proposed amended scheduling order within 14 days. The parties are further directed to submit joint responses to Local Civil Rule 26.03(A)(14) (D.S.C.) interrogatories within 14 days. (kmca) |
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Filing 9
ORDER AND NOTICE SETTING Pretrial Conference. Conference set for Thursday, 11/4/21 11:30 AM before Honorable Donald C Coggins Jr. Plaintiffs 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 9/30/21. (alew, )
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| Filing 8 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 10/20/2021, Motions to Amend Pleadings due by 12/14/2021, Plaintiffs ID of Expert Witness due by 1/10/2022, Defendants ID of Expert Witnesses Due by 2/7/2022, Records Custodian Affidavit due by 2/28/2022, Discovery due by 3/29/2022, Motion in Limine due by 5/31/2022, Motions due by 4/12/2022, Rule 26(a)(3) Disclosures due by 6/6/2022, Jury Selection Deadline 6/27/2022, Mediation Due by 4/26/2022. Signed by Honorable Donald C Coggins, Jr on 9/30/21. (alew, ) |
| Filing 7 Local Rule 26.01 Answers to Interrogatories by Tristar Products Inc.(Thompson, Jay) |
| Filing 6 ANSWER to #1 Complaint by Tristar Products Inc.(Thompson, Jay) |
| Filing 5 SUMMONS Returned Executed by Kyle Joslin. Tristar Products Inc served on 9/9/2021, answer due 9/30/2021. (Hodge, Charles) (Main Document 5 replaced on 9/16/2021) (alew, ). (Additional attachment(s) added on 9/16/2021: #1 Affidavait of Service re: Tristar Products Inc) (alew, ). Modified on 9/16/2021 to add cover page provided by filing user (alew, ). (Main Document 5 replaced on 9/16/2021) (alew, ). Modified on 9/16/2021 to replace with corrected cover page (date) per clerk (alew, ). |
| Filing 4 Summons Issued as to Tristar Products Inc. (alew, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Kyle Joslin.(alew, ) |
| Filing 1 COMPLAINT against Tristar Products Inc ( Filing fee $ 402 receipt number 0420-10048243.), filed by Kyle Joslin. Service due by 11/29/2021(alew, ) |
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| Plaintiff: Kyle Joslin | |
| Represented By: | Timothy Ryan Langley |
| Represented By: | Charles Joseph Hodge |
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| Defendant: Tristar Products Inc | |
| Represented By: | Jay Thomas Thompson |
| Represented By: | Lindsay Livingston Builder |
| Represented By: | David S Osterman |
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