Arrowsmith v. Labtech Diagnostics LLC
| Richard Arrowsmith |
| Labtech Diagnostics LLC |
| Health Diagnostic Laboratory Inc |
| People's Bank of South Carolina, The |
| 8:2017cv02177 |
| August 16, 2017 |
| US District Court for the District of South Carolina |
| Anderson/Greenwood Office |
| Anderson |
| Timothy M Cain |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on September 7, 2018. A more recent docket listing may be available from PACER.
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Filing 55
ORDER granting #54 Consent Motion for Disbursement of Funds as set out. Signed by Honorable Timothy M Cain on 9/7/18.(kmca)
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| Filing 54 First Consent MOTION for Disbursement of Funds by Labtech Diagnostics LLC. Response to Motion due by 9/18/2018. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Hinnant, Charles) Modified on 9/5/2018: to add "consent" (kmca). (Additional attachment(s) added on 9/7/2018 as provided by filing user: #1 Exhibit 1 - fully executed settlement agreement-Labtech, #2 Exhibit 2 - HF - Wiring instructions SunTrust Trust Account) (kmca). |
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Filing 53
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within one hundred and twenty (120) days, to reinstate the action if settlement is not consummated. Signed by Honorable Timothy M Cain on 4/25/18. (kmca)
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| Filing 51 TEXT ORDER denying without prejudice #7 Motion to Compel. The parties have represented that the underlying Virginia Bankruptcy case has settled and the details are being worked out. Entered at the direction of the Honorable Timothy M Cain on 2/21/18.(kmca) |
| Filing 48 TEXT ORDER directing the parties to file a joint status report by January 5, 2018. Entered at the direction of the Honorable Timothy M Cain on 12/8/17. (kmca) |
| Filing 47 STATUS REPORT JOINT by Labtech Diagnostics LLC, Richard Arrowsmith, The People's Bank of South Carolina. (Attachments: #1 Exhibit Stipulation from Bankruptcy Court)(Hinnant, Charles) Modified on 12/8/2017: to add joint filers listed on document. (kmca). |
| Filing 45 TEXT ORDER: The parties, through counsel of record, appeared this date for a hearing on Plaintiff's Motion to Compel. (ECF No. 7). Counsel for The People's Bank also appeared. The parties advised the court that a hearing has been scheduled for November 30, 2017 in the Bankruptcy Court for the Eastern District of Virginia which may affect the proceedings in this court. By consent, the hearing on the Motion to Compel is hereby continued, and the terms and conditions of the prior order of this court dated August 16, 2017 (ECF No. 24), including the provisions regarding frozen funds on deposit with The People's Bank, shall remain in full force and effect pending further order of this court. The parties shall file a joint status report regarding the proceedings in the bankruptcy court on or before December 8, 2017. IT IS SO ORDERED. Signed by Honorable Timothy M Cain on 11/13/17. (jtho, ) |
| Filing 44 Minute Entry for proceedings held before Honorable Timothy M Cain: Motion Hearing held on 11/13/2017 re #7 MOTION to Compel filed by Richard Arrowsmith. Plaintiff requests continuance, with consent of defendant, until after 11/30/17 bankruptcy hearing. Status Report deadline 12/8/17. Court Reporter Debra Bull. (jtho, ) |
| Filing 42 NOTICE of Hearing on Motion #7 MOTION to Compel: Motion Hearing set for Monday, 11/13/2017, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (kmca) NOTE: THIS HEARING WILL BE HELD IN ANDERSON, SOUTH CAROLINA. |
| Filing 41 TEXT ORDER granting #35 Motion for Hearing. Entered at the direction of the Honorable Timothy M Cain on 10/25/17.(kmca) |
| Filing 40 STATUS REPORT JOINT, OF OCTOBER 24 by Labtech Diagnostics LLC, Richard Arrowsmith, The People's Bank of South Carolina. (Attachments: #1 Exhibit Draft Answer, #2 Exhibit Draft Motion for Relief of Default, #3 Exhibit Draft Memo in Support of Motion, #4 Exhibit Checks Unpaid, #5 Exhibit Affidavit of Joseph Labash, #6 Exhibit Checks from Trustee's Complaint, #7 Exhibit Bankruptcy Docket Report)(Hinnant, Charles) Modified on 10/25/2017: to add joint filers listed on document (kmca). (Main Document 40 replaced on 10/25/2017: to replace with corrected document as provided by filing user) (kmca). |
| Filing 37 CERTIFICATE OF CONSULTATION byRichard Arrowsmith re #35 MOTION for Hearing re #7 MOTION to Compel , 24 Order,,,,,, . (Brannon, Kyle) |
| Filing 35 MOTION for Hearing re #7 MOTION to Compel , 24 Order, by Richard Arrowsmith. Response to Motion due by 10/19/2017. 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.(Brannon, Kyle) Modified on 10/12/2017: see #37 Certificate of Consultation (kmca). |
| Filing 31 DELETION OF DOCKET ENTRY NUMBER #29 Joint Status Report. Reason: Attorney re-filed document instead of emailing to clerk's office as directed. Corrected Filing Document Number #30 Joint Status Report. Modified filing date to that of original filing: 9/19/17. (kmca) |
| Filing 30 STATUS REPORT (JOINT) by Labtech Diagnostics LLC, Richard Arrowsmith, The People's Bank of South Carolina.. (Attachments: #1 Exhibit Docket Report Bankruptcy Court ED Va)(Hinnant, Charles) Modified on 9/22/2017: to add joint filers listed on document; to correct filing date (kmca). |
| Filing 25 Minute Entry. Proceedings held before Honorable Timothy M Cain: deferring ruling on #7 Motion to Compel. Motion Hearing held on 8/16/2017 re #7 MOTION to Compel filed by Richard Arrowsmith. TEXT order entered and clerk's staff note for the Chapter 11 Motion to Reopen. Court Reporter Debra Bull. (pbri, ) |
| Filing 24 TEXT ORDER: A hearing was held on August 16, 2017 on the Plaintiffs Motion for turnover of funds held by The Peoples Bank of South Carolina (Peoples Bank). (ECF No. #7 ). Attorney William Hinnant appeared on behalf of Defendant Labtech Diagnostics, LLC (Labtech) to oppose the motion. Attorney Marshall Sherard appeared on behalf of Peoples Bank. Labtech has filed a motion to reopen the underlying bankruptcy action which resulted in the issuance of a judgment of the Bankruptcy Court for the Eastern District of Virginia which has been registered in this district. (ECF No. #1 ). Pursuant to a Writ of Execution, Peoples Bank has frozen and set aside funds in the account of the Labtech for satisfaction of the judgement pending an order from this court. By consent of the parties, the amount of funds of Labtech on deposit with and held by Peoples Bank shall be increased to $70,000.00 and shall be held and frozen pending further order of the court. The parties shall file a joint status report within 30 days to advise the court as to the proceedings in the Bankruptcy Court for the Eastern District of Virginia. This matter shall be continued pending the filing of the status report or further order of the court. The Clerk of Court shall add counsel for Labtech and Peoples Bank to assure electronic service of future filings in this matter. IT IS SO ORDERED. Ordered by Honorable Timothy M Cain on 8/16/17. (pbri, ) Modified on 8/17/2017: to edit text (kmca). |
| Filing 23 NOTICE OF CHANGE OF CASE NUMBER from Miscellaneous Case Number 8-17-mc-166-TMC to Civil Case Number 8-17-cv-2177-TMC. (kmca) |
| Filing 21 CERTIFICATE OF SERVICE by Richard Arrowsmith re #7 Motion to Compel and 18 Notice of Hearing, (Brannon, Kyle) Modified on 8/10/2017: to correct links (kmca). |
| Filing 19 AMENDED TEXT ORDER directing Plaintiff to serve the #7 MOTION to Compel and 18 Notice of Hearing on Motion, on Defendants and the People's Bank of South Carolina, and provide proof of said service by 8/11/2017. Entered at the direction of the Honorable Timothy M Cain on 8/1/17. (kmca) |
| Filing 18 NOTICE of Hearing on Motion #7 MOTION to Compel: Motion Hearing set for Wednesday, 8/16/2017, 02:30 PM in Greenville #3, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable Timothy M Cain. NOTE: THIS HEARING IS SCHEDULED FOR GREENVILLE, SC NOT ANDERSON, SC. (kmca) |
| Filing 17 NOTICE of Cancellation of Hearing: Motion Hearing set for Tuesday, 8/8/2017, 10:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (kmca) |
| Filing 16 TEXT ORDER granting #15 Motion to Continue 11 Motion Hearing. Entered at the direction of the Honorable Timothy M Cain on 8/1/17.(kmca) |
| Filing 15 MOTION to Continue by Richard Arrowsmith. Response to Motion due by 8/15/2017. 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 Granting Plaintiff's Motion for Continuance)Proposed order is being emailed to chambers with copy to opposing counsel.(Brannon, Kyle) |
| Filing 12 TEXT ORDER directing Plaintiff to serve the #7 MOTION to Compel and 11 Hearing Notice, on Defendants and the People's Bank of South Carolina, and provide proof of said service by 8/4/2017. Entered at the direction of the Honorable Timothy M Cain on 7/28/17. (kmca) Modified on 8/1/2017: see 19 for Amended Order (kmca). |
| Filing 11 NOTICE of Hearing on Motion #7 MOTION to Compel: Motion Hearing set for Tuesday, 8/8/2017, 10:30 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (kmca) |
| Filing 9 Case Reassigned to Judge Honorable Timothy M Cain. Judge Unassigned - CIV no longer assigned to the case per #7 Motion to Compel. (kmca) |
| Filing 7 MOTION to Compel by Richard Arrowsmith. Response to Motion due by 7/24/2017. 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 1 - Affidavit of Cullen D. Speckhart, Esquire, #2 Exhibit 2 - Affidavit of Kyle A. Brannon, Esquire, #3 Proposed Order Order Compelling the People's Bank of South Carolina to Turnover Funds Held on Account by Defendant to Plaintiff)No proposed order.(Brannon, Kyle) (Main Document 7 replaced on 7/11/2017: to replace with corrected document as provided by filing user) (kmca). |
| Filing 5 NOTICE of Appearance by Kyle Aaron Brannon on behalf of Richard Arrowsmith (Brannon, Kyle) |
| Filing 4 WRIT OF EXECUTION Against Labtech Diagnostics LLC in the amount of: 62,850.00. (jsmi, ) |
| Filing 3 WRIT OF EXECUTION Against Labtech Diagnostics LLC in the amount of: $62,850.00. (Brannon, Kyle) |
| Filing 1 REGISTRATION of Foreign Judgment., filed by Richard Arrowsmith.(jsmi, ) |
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