Battaglia v. Harbor Freight Tools USA Inc
| Amy Battaglia |
| Harbor Freight Tools USA Inc |
| 8:2021cv01062 |
| April 12, 2021 |
| US District Court for the District of South Carolina |
| Henry M Herlong |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Both |
Docket Report
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| Filing 47 JUDGMENT. The case is dismissed. (arut) |
| Filing 46 NOTICE of Cancellation of Hearing: 41 Hearing on #40 MOTION for Settlement Approval. (arut) |
Filing 45
ORDER dismissing case. The parties are free to file an action for settlement approval in state court. Signed by Honorable Henry M Herlong, Jr on 5/20/22. (sfla)
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| Filing 44 Consent MOTION to Transfer Case Case to the Greenville County Court of Common Pleas for Approval of Settlement by Harbor Freight Tools USA Inc. Response to Motion due by 6/3/2022. 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.(McGee, Clarence) |
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Filing 43
ORDER requiring full compliance with S.C. Code Ann. 15-51-42(B). Signed by Honorable Henry M Herlong, Jr on 5/19/22. (sfla) (arut). Modified on 5/19/2022 to add main document.(arut).
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| Filing 42 TEXT ORDER: By 5:00 p.m. Friday, May 20, 2022, the parties are ordered to file a verified petition for settlement approval that complies with S.C. Code Ann. 15-51-42(B). Entered at the direction of Honorable Henry M Herlong, Jr on 5/18/22. (sfla) |
| Filing 41 NOTICE of Hearing on Motion #40 MOTION for Settlement Approval Pursuant to S.C. Code Ann. 15-51-42 : Motion Hearing set for 5/24/2022 09:00 AM in Greenville #3, Clement F Haynsworth Fed Bldg, 300 E Washington St, Greenville before Honorable Henry M Herlong Jr. (arut) |
| Filing 40 MOTION for Settlement Approval Pursuant to S.C. Code Ann. 15-51-42 by Amy Battaglia. Response to Motion due by 5/26/2022. 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 Approving Verified Petition for Settlement Approval, #2 Proposed Stipulation of Dismissal)Proposed order is being emailed to chambers with copy to opposing counsel.(Lacy, William Taylor) (Main Document 40 replaced on 5/12/2022 with corrected document provided by filing user) (arut). (Additional attachment(s) added on 5/12/2022: #3 Petition for Approval of Settlement) (arut). |
| Filing 35 DEFENDANT'S ID OF EXPERT WITNESSES by Harbor Freight Tools USA Inc.(McGee, Clarence) |
| Filing 34 STATUS REPORT of the Parties Re: Meet & Confer On Establishing Authenticity and Foundation of Documents by Amy Battaglia, Harbor Freight Tools USA Inc. (Lacy, William Taylor) (Main Document 34 replaced on 1/26/2022: to replace with corrected signatures (pro hac vice) as provided by filing user. Modified on 1/26/22: to add joint filer as listed (kmca). |
| Filing 32 TEXT ORDER granting #31 Motion for Extension of Time. Defendant's expert witness disclosures are due 2/14/22; Mediation is due 3/1/22. Entered at the direction of Honorable Henry M Herlong, Jr on 1/21/22. (sfla) |
| Filing 31 Consent MOTION for Extension of Time by Harbor Freight Tools USA Inc. Response to Motion due by 2/1/2022. 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.(McGee, Clarence) |
| Filing 30 PLAINTIFF'S ID OF EXPERT WITNESSES by Amy Battaglia.(Lacy, William Taylor) (Main Document 30 replaced on 12/22/2021: to replace with corrected document (signature) as provided by filing user) (kmca). |
| Filing 29 CONFIDENTIALITY ORDER ENTERED granting #28 Consent Motion for Confidentiality Order. Signed by Honorable Henry M Herlong, Jr on 10/15/21. (sfla) |
| Filing 28 Consent MOTION for Confidentiality Order by Harbor Freight Tools USA Inc. Response to Motion due by 10/28/2021. 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 Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(McGee, Clarence) (Main Document 28 replaced on 10/14/2021) (alew, ). Modified on 10/14/2021 to replace with corrected document per chambers request (alew, ). |
| Filing 27 AMENDED MEDIATION ORDER: Mediation Due by 2/28/2022. Signed by Honorable Henry M Herlong, Jr on 9/27/21. (kmca) |
| Filing 26 SECOND AMENDED CONFERENCE AND SCHEDULING ORDER: Motions to Amend Pleadings due by 10/24/2021, Plaintiffs ID of Expert Witness due by 12/23/2021, Defendants ID of Expert Witnesses Due by 1/24/2022, Records Custodian Affidavit due by 1/24/2022, Discovery due by 2/23/2022, Motions due by 3/9/2022, Rule 26(a)(3) Disclosures due by 4/22/2022, Motion in Limine due by 5/9/2022, Pretrial Briefs due by 5/16/2022, Jury Selection Deadline 5/23/2022. Signed by Honorable Henry M Herlong, Jr on 9/27/21. (kmca) |
| Filing 25 TEXT ORDER granting in part #24 Consent Motion to Amend/Correct #21 Scheduling Order and #22 Mediation Order. Entered at the direction of the Honorable Henry M Herlong, Jr on 9/27/21.(kmca) |
| Filing 24 Consent MOTION to Amend/Correct #21 Scheduling Order,, by Harbor Freight Tools USA Inc. Response to Motion due by 10/8/2021. 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.(McGee, Clarence) |
| Filing 23 NOTICE of Request for Protection from Court Appearance by Clarence William McGee for March 19, 2022 - April 11, 2022 (McGee, Clarence) |
| Filing 22 MEDIATION ORDER; Mediation Due by 12/30/2021. Signed by Honorable Henry M Herlong, Jr on 6/28/21. (sfla) |
| Filing 21 AMENDED SCHEDULING ORDER: Motions to Join Parties or Amend Pleadings due by 9/24/2021, Plaintiffs ID of Expert Witness due by 10/25/2021, Defendants ID of Expert Witnesses Due by 11/23/2021, Records Custodian Affidavit due by 11/23/2021, Discovery due by 12/23/2021, Motions due by 1/6/2022, Rule 26(a)(3) Disclosures due by 2/18/2022, Motion in Limine due by 3/8/2022, Pretrial Briefs due by 3/15/2022, Jury Selection Deadline 3/22/2022. Signed by Honorable Henry M Herlong, Jr on 6/28/21. (sfla) |
| Filing 20 ADR STATEMENT/CERTIFICATION by Amy Battaglia(Hoyle, Thomas) |
| Filing 19 ADR STATEMENT/CERTIFICATION by Harbor Freight Tools USA Inc(McGee, Clarence) |
| Filing 18 Joint Rule 26 Outline of Discovery Plan by Harbor Freight Tools USA Inc, Amy Battaglia (McGee, Clarence) Modified on 6/28/2021 to add party listed as filer (alew, ). |
| Filing 17 Joint Local Rule 26.03 Answers to Interrogatories by Harbor Freight Tools USA Inc, Amy Battaglia (McGee, Clarence) Modified on 6/28/2021 to add party listed as filer (alew, ). |
| Filing 16 Joint Rule 26(f) Report by Harbor Freight Tools USA Inc, Amy Battaglia (McGee, Clarence) Modified on 6/28/2021 to add party listed as filer (alew, ). |
| Filing 15 TEXT ORDER granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice. Adam J. Kress and Kenneth W. Pearson added for Plaintiff. Entered at the direction of the Honorable Henry M Herlong, Jr on 6/8/21.(kmca) |
| Filing 14 MOTION to Appear Pro Hac Vice by Kenneth W. Pearson ( Filing fee $ 350 receipt number 0420-9890888) by Amy Battaglia. Response to Motion due by 6/22/2021. 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 For Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Lacy, William Taylor) |
| Filing 13 MOTION to Appear Pro Hac Vice by Adam J. Kress ( Filing fee $ 350 receipt number 0420-9890854) by Amy Battaglia. Response to Motion due by 6/22/2021. 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 For Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(Lacy, William Taylor) |
| Filing 12 TEXT ORDER granting #10 Motion to Appear Pro Hac Vice; granting #11 Motion to Appear Pro Hac Vice. William Chandler Swallow and Clinton E. Cameron added for Defendant. Entered at the direction of the Honorable Henry M Herlong, Jr on 6/7/21.(kmca) |
| Filing 11 MOTION to Appear Pro Hac Vice by Clinton E. Cameron (Filing Fee Receipt Number 0420-9886266, Filing fee $350), by Harbor Freight Tools USA Inc. Response to Motion due by 6/18/2021. 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 for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(kmca) Filed by clerk because of system failure after fee had been collected (kmca) (Attachment 1 replaced on 6/7/2021: to replace with corrected document (address) as provided by filing user) (kmca). |
| Filing 10 MOTION to Appear Pro Hac Vice by William Chandler Swallow, (Filing Fee Receipt Number 0420-9886246, Filing fee $350), by Harbor Freight Tools USA Inc. Response to Motion due by 6/18/2021. 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 for Pro Hac Vice)Proposed order is being emailed to chambers with copy to opposing counsel.(kmca) Filed by clerk because of system failure after fee had been collected (kmca) (Attachment 1 replaced on 6/7/2021: to replace with corrected document (address) as provided by filing user) (kmca). |
| Filing 9 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 6/14/2021, 26(a) Initial Disclosures due by 6/28/2021, Rule 26 Report due by 6/28/2021, Motions to Amend Pleadings due by 8/9/2021, Plaintiffs ID of Expert Witness due by 9/8/2021, Defendants ID of Expert Witnesses Due by 10/8/2021, Records Custodian Affidavit due by 10/8/2021, Discovery due by 11/8/2021, Motions due by 11/22/2021, Rule 26(a)(3) Disclosures due by 12/22/2021, Motion in Limine due by 1/7/2022, Pretrial Briefs due by 1/14/2022, Jury Selection Deadline 1/21/2022. Signed by Honorable Henry M Herlong, Jr on 5/25/21. (kmca) |
| Filing 8 Local Rule 26.01 Answers to Interrogatories by Harbor Freight Tools USA Inc.(McGee, Clarence) |
| Filing 7 ANSWER to #1 Complaint, by Harbor Freight Tools USA Inc.(McGee, Clarence) |
| Filing 5 SUMMONS Returned Executed by Amy Battaglia. Harbor Freight Tools USA Inc served on 4/14/2021, answer due 5/5/2021. (Attachments: #1 Affidavit of Service)(Hoyle, Thomas) Modified on 5/5/2021: to remove duplicate text (affidavit) (kmca). |
| Filing 4 Summons Issued as to Harbor Freight Tools USA Inc. (kmca) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Amy Battaglia.(kmca) |
| Filing 1 COMPLAINT against Harbor Freight Tools USA Inc (Filing fee $402 receipt number 0420-9768259), filed by Amy Battaglia. Service due by 7/12/2021.(kmca) (Additional attachment added on 4/13/2021: as requested by and provided by filing user: #1 Exhibit A - Safety Recall Report) (kmca). |
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