Burriss v. Valmont Industries Inc
Plaintiff: Scott Burriss
Defendant: Valmont Industries Inc
Case Number: 8:2019cv01899
Filed: July 3, 2019
Court: US District Court for the District of South Carolina
Presiding Judge: Henry M Herlong
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 30, 2019 Filing 20 Joint Disclosures Pursuant to Local Rule 26.03 Answers to Interrogatories by Valmont Industries Inc.(Schulz, Jonathan)
August 30, 2019 Filing 19 Rule 26(f) Report by Valmont Industries Inc. (Attachments: #1 Proposed Order)(Schulz, Jonathan)
August 26, 2019 Filing 18 TEXT ORDER granting #17 Motion for John W. Smith T to Appear Pro Hac Vice for Valmont Industries Inc. Entered at the direction of Honorable Henry M Herlong, Jr on 8/26/19.(sfla)
August 22, 2019 Filing 17 MOTION to Appear Pro Hac Vice by John W. Smith T ( Filing fee $ 250 receipt number 0420-8630975) by Valmont Industries Inc. Response to Motion due by 9/5/2019. 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 PHV App with COGS, #2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Schulz, Jonathan)
August 21, 2019 Filing 16 NOTICE of Request for Protection from Court Appearance by Jonathan Edward Schulz for June 8 - 12, 2020 (Schulz, Jonathan) (Main Document 16 replaced on 8/22/2019 with text-searchable document provided by filing user ) (sfla).
August 14, 2019 Opinion or Order Filing 15 SCHEDULING ORDER; Rule 26(f) Conference Deadline 9/3/2019, 26(a) Initial Disclosures due by 9/17/2019, Rule 26 Report due by 9/17/2019, Motions to Amend Pleadings due by 12/18/2019, Plaintiffs ID of Expert Witness due by 1/17/2020, Defendants ID of Expert Witnesses Due by 2/18/2020, Records Custodian Affidavit due by 2/18/2020, Discovery due by 3/19/2020, Motion in Limine due by 6/2/2020, Motions due by 4/2/2020, Rule 26(a)(3) Disclosures due by 5/15/2020, Pretrial Briefs due by 6/9/2020, Jury Selection Deadline 6/16/2020. Signed by Honorable Henry M Herlong, Jr on 8/14/19. (sfla)
August 5, 2019 Filing 12 TEXT ORDER granting #4 Defendant's unopposed Motion to Dismiss Count 2 of the complaint for Failure to State a Claim because severance payments are not covered under the South Carolina Payment of Wages Act, SC Code 41-10-10 et seq. See Osborn v. Univ. Med. Assocs. of Med. Univ. of S.C., 278 F. Supp. 2d 720, 741 (D.S.C. 2003) (It is clear that severance payments are not covered under the Payment of Wages Act because they were expressly excluded from the definition of wages by the South Carolina Legislature in 1990.). Entered at the direction of Honorable Henry M Herlong, Jr on 8/5/19. (sfla)
July 17, 2019 Filing 10 TEXT ORDER granting #9 Motion for Extension of Time to Respond to #4 Motion to Dismiss for Failure to State a Claim. Response due by 7/31/2019. Entered by Honorable Henry M Herlong, Jr on July 17, 2019. (bedw)
July 17, 2019 Filing 9 MOTION for Extension of Time by Scott Burriss. Response to Motion due by 7/31/2019. 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.(Ellis, Todd)
July 17, 2019 Filing 7 Local Rule 26.01 Answers to Interrogatories by Scott Burriss.(Ellis, Todd)
July 8, 2019 Filing 6 ANSWER to Complaint by Valmont Industries Inc.(Schulz, Jonathan)
July 3, 2019 Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Valmont Industries Inc. Response to Motion due by 7/17/2019. (Attachments: #1 Memo in Support, #2 Exhibit A - Letter)(sfla)
July 3, 2019 Filing 3 Local Rule 26.01 Answers to Interrogatories by Valmont Industries Inc.(sfla)
July 3, 2019 Filing 1 NOTICE OF REMOVAL from Newberry County Court of Common Pleas, case number 2019-CP-36-285. (Filing fee $ 400 receipt number 0420-8539442) filed by Valmont Industries Inc. (Attachments: #1 State Court Documents)(sfla)

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Defendant: Valmont Industries Inc
Represented By: Jonathan Edward Schulz
Represented By: John W Smith T
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Plaintiff: Scott Burriss
Represented By: Todd R Ellis
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