Vande-Stouwe v. Costa Farms LLC
| Christopher Vande-Stouwe |
| Costa Farms LLC, Chauncy Jordan and Alex Vega |
| 8:2019cv03240 |
| November 15, 2019 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 26 REPLY to Response to Motion re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Costa Farms LLC, Chauncy Jordan, Alex Vega. (Foster, William) |
| Filing 24 RESPONSE in Opposition re #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Christopher Vande-Stouwe.Reply to Response to Motion due by 1/9/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Caudell, Mary) (Main Document 24 replaced on 1/3/2020: to replace with corrected document (footnote size) as provided by filing user) (kmca). |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re: #10 Amended Complaint by Costa Farms LLC, Chauncy Jordan, Alex Vega. Response to Motion due by 1/2/2020. 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 Memorandum in Support of Motion to Dismiss Amended Complaint)No proposed order.(Foster, William) Modified on 12/20/2019: to add link to amended complaint; to remove duplicate text (memo in support) (kmca). |
| Filing 22 MEDIATION ORDER. Mediation Due by 6/10/2020. Signed by Honorable Timothy M Cain on 12/19/19. (kmca) |
Filing 21
SCHEDULING ORDER: Rule 26(f) Conference Deadline 1/8/2020, 26(a) Initial Disclosures due by 1/22/2020, Rule 26 Report due by 1/22/2020, ADR/Mediation Statement due by 1/22/2020, Motions to Amend Pleadings due by 3/3/2020, Plaintiffs ID of Expert Witness due by 4/2/2020, Defendants ID of Expert Witnesses Due by 5/4/2020, Records Custodian Affidavit due by 5/4/2020, Discovery due by 6/3/2020, Motions due by 6/17/2020, Jury Selection Deadline 10/5/2020 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 12/19/19. (kmca)
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| Filing 20 TEXT ORDER denying Defendant's #5 Motion to Dismiss for Failure to State a Claim as moot. Pursuant to Federal Rule of Civil Procedure 15(a)(1)(B), a plaintiff may amend his complaint once as a matter of course, without the opposing party's consent or leave of the court, within twenty-one (21) days after service of a motion under Rule 12(b). See Fed. R. Civ. P. 15(a)(1)(B). Plaintiff timely filed his Amended Complaint (ECF No. #10 ) as a matter of course pursuant to Rule 15(a)(1)(B) on December 5, 2019, after Defendant had moved to dismiss the original Complaint, see (ECF No. #5 ). A timely-filed amended pleading supersedes the original pleading. Young v. City of Mt. Ranier, 238 F.3d 567, 572 (4th Cir. 2001) (quoting Crysen/Montenay Energy Co. v. Shell Oil Co., 226 F.3d 160, 162 (2d Cir. 2000) ("As a general rule, 'an amended pleading ordinarily supersedes the original and renders it of no legal effect.' "); see also Ohio River Valley Envtl. Coalition, Inc. v. Timmermeyer, 66 Fed. Appx 468, 471 (4th Cir. 2003) (noting that once a pleading has been amended, the original pleading "no longer perform[s] any function in the case" (emphasis omitted)). Accordingly, because Defendant's motion to dismiss was directed at Plaintiff's original complaint, which has now been superseded by the Amended Complaint, Defendant's motion #5 is hereby DENIED AS MOOT. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 12/18/19.(kmca) |
| Filing 18 Withdrawal of Motions: #11 MOTION to Remand to State Court filed by Christopher Vande-Stouwe.. (Caudell, Mary) |
| Filing 17 SUMMONS Returned Executed by Christopher Vande-Stouwe re: #10 Amended Complaint. Costa Farms LLC served 12/12/19, answer due 1/2/20. Chauncy Jordan served 12/12/19, answer due 1/2/20. Alex Vega served 12/12/19, answer due 1/2/20. (Attachments: #1 Acceptance of Service)(kmca) Document re-filed by clerk to correct event. (kmca) |
| Filing 15 RESPONSE in Opposition re #11 MOTION to Remand to State Court. Response filed by Costa Farms LLC, Chauncy Jordan, Alex Vega.Reply to Response to Motion due by 12/17/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Affidavits of Chauncy Jordan and Alexandra Vega)(Foster, William) (Main Document 15 replaced on 12/11/2019: to replace with corrected document (case caption) as provided by filing user) (kmca). |
| Filing 12 RESPONSE in Opposition re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Christopher Vande-Stouwe.Reply to Response to Motion due by 12/12/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Caudell, Mary) |
| Filing 11 MOTION to Remand to State Court by Christopher Vande-Stouwe. Response to Motion due by 12/19/2019. 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.(Caudell, Mary) |
| Filing 10 AMENDED COMPLAINT against Costa Farms LLC, Chauncy Jordan, Alex Vega, filed by Christopher Vande-Stouwe. Service due by 3/4/2020. (Caudell, Mary) Modified on 12/6/2019: to add additional defendants per pleading (kmca). |
| Filing 7 Local Rule 26.01 Answers to Interrogatories by Christopher Vande-Stouwe.(Caudell, Mary) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Costa Farms LLC. Response to Motion due by 12/5/2019. 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 Memorandum in Support of Motion to Dismiss)No proposed order.(Foster, William) Modified on 11/22/2019: to remove duplicate text (memo in support) (kmca). |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Costa Farms LLC.(kmca) |
| Filing 1 NOTICE OF REMOVAL from Edgefield County Court of Common Pleas, case number 2019-CP-19-00337. (Filing fee $400 receipt number 0420-8780138), filed by Costa Farms LLC. (Attachments: #1 State Court Documents, #2 Exhibit B State Court Notice of Removal)(kmca) |
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