Bryson et al v. Liberty Insurance Corporation et al
| Gloria Bryson and Bessie Gibson |
| LM Insurance Corporation and Liberty Insurance Corporation |
| 8:2020cv01928 |
| May 19, 2020 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Insurance |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 31 STIPULATION of Dismissal Without Prejudice by Gloria Bryson, Bessie Gibson, LM Insurance Corporation, Liberty Insurance Corporation. (kmca) Re-filed by clerk to correct event. (kmca) |
| Filing 30 TEXT ORDER: On October 15, 2020, the court stayed all pending motions and further action in this case pending the South Carolina Supreme Court's decision whether to answer the certified question presented to it by this court in Butler et al. v. The Travelers Home and Marine Insurance Company et al., Civ. A. No. 3:19-cv-02621-JMC, Doc. 40. (ECF No. 25 ). On April 20, 2021, the parties filed a joint status report indicating that the Supreme Court not yet issued an opinion on the certified question in Butler, and requesting that the court extend the stay in this case. (ECF No. #29 ). Accordingly, the court GRANTS the requested extension set forth in the parties' joint status report (ECF No. #29 ), and all pending motions and further action in this matter are hereby STAYED pending an opinion from the South Carolina Supreme Court as to the certified question in Butler. The parties shall submit a status report to the court six months from the date of this order or at the time the Supreme Court issues a decision in Butler, whichever is earlier. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 4/21/21. (kmca) |
| Filing 29 Joint STATUS REPORT by Gloria Bryson, Bessie Gibson, Liberty Insurance Corporation, LM Insurance Corporation. (Tompkins, Summer) Modified on 4/21/2021: to add joint filers as listed (kmca). |
| Filing 28 TEXT ORDER: On October 15, 2020, the court stayed all pending motions and further action in this case pending the South Carolina Supreme Court's decision whether to answer the certified question presented to it by this court in Butler et al. v. The Travelers Home and Marine Insurance Company et al., Civ. A. No. 3:19-cv-02621-JMC, Doc. 40 . (ECF No. 25 ). On October 20, 2020, the parties filed a joint status report indicating that the Supreme Court has accepted the certified question in Butler, and requesting that the court extend the stay in this case until the Supreme Court issues an opinion on the certified question. (ECF Nos. #27 at 3; 27-1). Accordingly, the court GRANTS the requested extension set forth in the parties' joint status report (ECF No. #27 ), and all pending motions and further action in this matter are hereby STAYED pending an opinion from the South Carolina Supreme Court as to the certified question in Butler. The parties shall submit a joint status report to the court six months from the date of this order or at the time the Supreme Court issues a decision in Butler, whichever is earlier. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 10/20/20. (kmca) |
| Filing 27 Joint STATUS REPORT Pursuant to Court's October 15, 2020 Order by Gloria Bryson, Bessie Gibson, Liberty Insurance Corporation, LM Insurance Corporation. (Attachments: #1 Exhibit A - Butler Order)(Tompkins, Summer) Modified on 10/20/2020: to add joint filers as listed (kmca). |
| Filing 26 TEXT ORDER finding as moot #17 Motion for Judgment on the Pleadings - with leave to re-file; granting #17 Motion MOTION to Certify a Controlling Question of Law per 25 Order entered 10/15/20. Entered at the direction of the Honorable Timothy M Cain on 10/19/20.(kmca) |
| Filing 25 TEXT ORDER: Before the court is the parties' joint motion to stay all proceedings in this case pending the South Carolina Supreme Court's decision whether to answer the certified question presented to it by this court in Butler et al. v. The Travelers Home and Marine Insurance Company et al., Civ. A. No. 3:19-cv-02621-JMC, Doc. 40. (ECF No. #23 ). The court finds that the question of law certified to the South Carolina Supreme Court in Butler is crucial to the resolution of the claims at issue in this case. Accordingly, the court GRANTS the parties' joint motion (ECF No. #23 ), and all pending motions and further action in this matter are hereby STAYED pending a response from the South Carolina Supreme Court as to the certified question in Butler. The parties shall submit a status report to the court six months from the date of this order or at the time the Supreme Court issues a decision as to whether it will answer the certified question, whichever is earlier. IT IS SO ORDERED. Signed by Honorable Timothy M Cain on 10/15/2020. (abuc) |
| Filing 23 Joint MOTION to Stay Proceedings by Gloria Bryson, Bessie Gibson. Response to Motion due by 10/28/2020. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Tompkins, Summer) |
| Filing 22 TEXT ORDER granting #19 Motion to Appear Pro Hac Vice; granting #20 Motion to Appear Pro Hac Vice; granting #21 Motion to Appear Pro Hac Vice. Attorneys Alexa E. Cellier, Andrea C. Wiltrout and Rodger L. Eckelberry added for Defendants. Entered at the direction of the Honorable Timothy M Cain on 10/6/20.(kmca) |
| Filing 21 MOTION to Appear Pro Hac Vice by Rodger L. Eckelberry ( Filing fee $ 350 receipt number 0420-9389485) by LM Insurance Corporation, Liberty Insurance Corporation. Response to Motion due by 10/20/2020. 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 Application PHV-Rodger L. Eckelberry, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Templeton, Morgan) (Main Document 21 and Attachment 1 replaced on 10/6/2020: to replace with corrected documents as provided by filing user) (kmca). |
| Filing 20 MOTION to Appear Pro Hac Vice by Andrea C. Wiltrout ( Filing fee $ 350 receipt number 0420-9389340) by LM Insurance Corporation, Liberty Insurance Corporation. Response to Motion due by 10/20/2020. 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 Application PHV-Andrea Wiltrout, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Templeton, Morgan) (Main Document 20 and Attachment 1 replaced on 10/6/2020: to replace with corrected documents as provided by filing user) (kmca). |
| Filing 19 MOTION to Appear Pro Hac Vice by Alexa E. Cellier ( Filing fee $ 350 receipt number 0420-9389300) by LM Insurance Corporation, Liberty Insurance Corporation. Response to Motion due by 10/20/2020. 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 Application PHV-Alexa Cellier, #2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Templeton, Morgan) (Main Document 19 and Attachment 1 replaced on 10/6/2020: to replace with corrected documents as provided by filing user) (kmca). |
| Filing 17 MOTION for Judgment on the Pleadings or in the alternative, MOTION to Certify a Controlling Question of Law by LM Insurance Corporation, Liberty Insurance Corporation. Response to Motion due by 10/15/2020. 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 Memo in Support, #2 Exhibit 1-Order and Opinion (Butler v Travelers))No proposed order.(Templeton, Morgan). Added MOTION to Certify a Controlling Question of Law to add additional relief as listed, on 10/1/2020. (Attachment 1 and 2 replaced on 10/1/2020: to replace with corrected documents (1=footnote size, 2=double headers) as provided by filing user) (kmca). |
| Filing 16 Local Rule 26.01 Answers to Interrogatories by LM Insurance Corporation, Liberty Insurance Corporation.(Templeton, Morgan) |
| Filing 15 ANSWER to #1 Complaint, by LM Insurance Corporation, Liberty Insurance Corporation. (Attachments: #1 Exhibit A-Bryson Policy, #2 Exhibit B-Gibson Policy)(Templeton, Morgan) |
| Filing 14 TEXT ORDER granting #13 Motion to Appear Pro Hac Vice. Attorney Thomas Joseph Snodgrass added for Plaintiffs. Entered at the direction of the Honorable Timothy M Cain on 9/8/20.(kmca) |
| Filing 13 MOTION to Appear Pro Hac Vice by Thomas Joseph Snodgrass ( Filing fee $ 350 receipt number 0420-9325978) by Gloria Bryson, Bessie Gibson. Response to Motion due by 9/22/2020. 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 Supporting Documents Application of J. Snodgrass, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Tompkins, Summer) |
| Filing 12 WAIVER OF SERVICE by Bessie Gibson, Gloria Bryson. LM Insurance Corporation waiver executed on 8/14/2020, answer due 10/13/2020. (Tompkins, Summer) (Main Document 12 replaced on 8/21/2020: to replace with corrected document (cover page) as provided by filing user). (Additional attachment added on 8/21/2020: #1 Waiver of Service, LM Insurance Corporation) (kmca). |
| Filing 11 WAIVER OF SERVICE by Bessie Gibson, Gloria Bryson. Liberty Insurance Corporation waiver executed on 8/14/2020, answer due 10/13/2020. (Tompkins, Summer) (Main Document 11 replaced on 8/21/2020: to replace with corrected document (cover page) as provided by filing user). (Additional attachment added on 8/21/2020: #1 Waiver of Service, Liberty Insurance Corporation) (kmca). |
| Filing 9 TEXT ORDER granting #8 Motion to Appear Pro Hac Vice. Attorney James Brandon McWherter added for Plaintiffs. Entered at the direction of the Honorable Timothy M Cain on 8/5/20.(kmca) |
| Filing 8 MOTION to Appear Pro Hac Vice by James Brandon McWherter ( Filing fee $ 250 receipt number 0420-9259484) by Gloria Bryson, Bessie Gibson. Response to Motion due by 8/19/2020. 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 Supporting Documents Application for PHV, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Tompkins, Summer) |
| Filing 7 TEXT ORDER granting #6 Motion to Appear Pro Hac Vice. Attorney Erik D Peterson added for Plaintiffs. Entered at the direction of the Honorable Timothy M Cain on 7/15/20.(kmca) |
| Filing 6 MOTION to Appear Pro Hac Vice by Erik D. Peterson ( Filing fee $ 250 receipt number 0420-9217827) by Gloria Bryson, Bessie Gibson. Response to Motion due by 7/29/2020. 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 Supporting Documents Application, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Tompkins, Summer) |
| Filing 5 Summons Issued as to LM Insurance Corporation, Liberty Insurance Corporation. (Attachments: #1 Summons LM Insurance Corporation)(kmca) |
| Filing 4 Local Rule 26.01 Answers to Interrogatories by Bessie Gibson.(kmca) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Gloria Bryson.(kmca) |
| Filing 1 Class Action COMPLAINT against LM Insurance Corporation, Liberty Insurance Corporation (Filing fee $400 receipt number 0420-9109468), filed by Bessie Gibson, Gloria Bryson. Service due by 8/17/2020. (Attachments: #1 Exhibit A - Bryson estimate, #2 Exhibit B - Gibson estimate, #3 Exhibit C - Depreciation screenshot, #4 Exhibit D - NAIC labor survey, #5 Exhibit E - Foremost required change - SC, #6 Exhibit F - South Carolina endorsement)(kmca) |
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