Cooley et al v. Anderson Regional Landfill LLC et al
| Carolyn Cooley, Clyde Cooley, Elizabeth Cooley, Danny R Cooley, Alice F Cooley, Jay H Cooley, Nicholas Cooley, Shantuesday Cooley, Patrick Cooley, Cassandra Cooley, Melissa DeVall, Connie Douglas, Veronica Denise Gambrell, Joan E Heatherly, Sharon Cooley Jackson, Grace Elizabeth Tesner, Herman Webb, Latasha Webb, Luddie Woods and Gwendolyn Woods |
| Anderson Regional Landfill LLC, Waste Connections Inc and Waste Connections of South Carolina Inc |
| 8:2023cv01418 |
| April 7, 2023 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Torts to Land |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 51 REPLY to Response to Motion re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Waste Connections of South Carolina Inc. (Mabry, H) |
| Filing 50 RESPONSE in Opposition re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Alice F Cooley, Carolyn Cooley, Cassandra Cooley, Clyde Cooley, Danny R Cooley, Elizabeth Cooley, Jay H Cooley, Nicholas Cooley, Patrick Cooley, Shantuesday Cooley, Melissa DeVall, Connie Douglas, Veronica Denise Gambrell, Joan E Heatherly, Sharon Cooley Jackson, Grace Elizabeth Tesner, Herman Webb, Latasha Webb, Gwendolyn Woods, Luddie Woods.Reply to Response to Motion due by 8/8/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Email from Sam Mabry, #2 Exhibit Affidavit of Hal Randall Hovis, #3 Exhibit Limited Warranty Deed)(Ozment, Matthew) |
| Filing 48 TEXT ORDER granting #47 Motion for Extension of Time. Plaintiffs' response to #41 Motion to Dismiss due by 8/1/2023. Defendant Waste Connections of South Carolina, Inc.'s reply due 8/15/2023. Signed by Honorable Bruce Howe Hendricks on 7/25/2023. (gray) Added response/reply dates on 7/26/2023 (gray). |
| Filing 47 MOTION for Extension of Time to File Response/Reply to #41 Motion to Dismiss for Failure to State a Claim by Alice F Cooley, Carolyn Cooley, Cassandra Cooley, Clyde Cooley, Danny R Cooley, Elizabeth Cooley, Jay H Cooley, Nicholas Cooley, Patrick Cooley, Shantuesday Cooley, Melissa DeVall, Connie Douglas, Veronica Denise Gambrell, Joan E Heatherly, Sharon Cooley Jackson, Grace Elizabeth Tesner, Herman Webb, Latasha Webb, Gwendolyn Woods, Luddie Woods. Response to Motion due by 8/7/2023. 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.(Ozment, Matthew) Modified on 7/26/2023 to correct motion relief, to add link (alew). |
| Filing 46 REPLY to Response to Motion re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Anderson Regional Landfill LLC. (Mabry, H) |
| Filing 45 RESPONSE in Opposition re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Alice F Cooley, Carolyn Cooley, Cassandra Cooley, Clyde Cooley, Danny R Cooley, Elizabeth Cooley, Jay H Cooley, Nicholas Cooley, Patrick Cooley, Shantuesday Cooley, Melissa DeVall, Connie Douglas, Veronica Denise Gambrell, Joan E Heatherly, Sharon Cooley Jackson, Grace Elizabeth Tesner, Herman Webb, Latasha Webb, Gwendolyn Woods, Luddie Woods.Reply to Response to Motion due by 7/14/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ozment, Matthew) |
| Filing 44 TEXT ORDER granting #43 Motion for Extension of Time to File Response/Reply re #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response to Motion due by 7/25/2023. 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. Replies due by 8/8/2023. Signed by Honorable Bruce Howe Hendricks on 6/30/23.(alew, ) |
| Filing 43 Joint MOTION for Extension of Time to File Response/Reply as to #41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Waste Connections of South Carolina Inc. Response to Motion due by 7/13/2023. 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.(Mabry, H) |
| Filing 42 Local Rule 26.01 Answers to Interrogatories by Waste Connections of South Carolina Inc.(Mabry, H) |
| Filing 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Waste Connections of South Carolina Inc. Response to Motion due by 7/11/2023. 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 A - Declaration of John Perkey)No proposed order.(Mabry, H) |
| Filing 40 TEXT ORDER granting #36 Motion to Appear Pro Hac Vice.; granting #37 Motion to Appear Pro Hac Vice as to Megan Morgan, Clirae Bourke for the defendants. Signed by Honorable Bruce Howe Hendricks on 6/26/23.(alew) |
| Filing 39 TEXT ORDER granting #38 Motion for Extension of Time to File Response/Reply as to #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Plaintiffs' Response to Motion due by 7/7/2023. Defendants' Reply to Response to Motion due by 7/21/2023. Signed by Honorable Bruce Howe Hendricks on 6/22/23.(alew, ) |
| Filing 38 Joint MOTION for Extension of Time to File Response/Reply as to #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Anderson Regional Landfill LLC. Response to Motion due by 7/5/2023. 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.(Mabry, H) |
| Filing 37 MOTION to Appear Pro Hac Vice by Clirae Marion Bourke ( Filing fee $ 350 receipt number ASCDC-11163891) by Anderson Regional Landfill LLC, Waste Connections of South Carolina Inc. Response to Motion due by 7/5/2023. 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 Affidavit for Pro Hac Vice Admission)No proposed order.(Mabry, H) |
| Filing 36 MOTION to Appear Pro Hac Vice by Megan L. Marzec Morgan ( Filing fee $ 350 receipt number ASCDC-11163872) by Anderson Regional Landfill LLC, Waste Connections of South Carolina Inc. Response to Motion due by 7/5/2023. 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 Affidavit for Pro Hac Vice Admission)No proposed order.(Mabry, H) |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Anderson Regional Landfill LLC. Response to Motion due by 6/23/2023. 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)No proposed order.(Mabry, H) |
| Filing 34 DELETION OF DOCKET ENTRY NUMBER 32 Reason: attorney refiled to make correction. Corrected Filing Document Number #33 . Modified filing date to that of original filing: 6/5/23 (alew, ) |
| Filing 33 SUMMONS Returned Executed by Carolyn Cooley. Waste Connections of South Carolina Inc served on 5/16/2023, answer due 6/27/2023. (Attachments: #1 Exhibit-Waste Connections' Acceptance of Service)(Ozment, Matthew) Modified on 6/8/2023 (alew, ). (Main Document 33 replaced on 6/8/2023) (alew, ). Modified on 6/8/2023 to correct filing date, to edit text (alew, ). |
| Filing 31 TEXT ORDER granting #30 Motion to Appear Pro Hac Vice as to Vetone Marie Ivezaj for Anderson Regional Landfill LLC, Waste Connections of South Carolina Inc. Signed by Honorable Bruce Howe Hendricks on 5/30/23.(alew, ) |
| Filing 30 MOTION to Appear Pro Hac Vice by Vetone Marie Ivezaj ( Filing fee $ 350 receipt number ASCDC-11126559) by Anderson Regional Landfill LLC, Waste Connections of South Carolina Inc. Response to Motion due by 6/8/2023. 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 Affidavit for Pro Hac Vice Admission)No proposed order.(Mabry, H) Modified on 5/30/2023 to correct filing/response dates (alew, ). |
| Filing 28 TEXT ORDER finding as moot #10 Motion to Dismiss; finding as moot #10 Motion to Dismiss for Lack of Jurisdiction; finding as moot #12 Motion to Dismiss for Failure to State a Claim, based on filing of #22 Amended Complaint. Signed by Honorable Bruce Howe Hendricks on 5/22/2023. (gray) |
| Filing 27 LETTER EXTENDING TIME TO ANSWER Waste Connections of South Carolina Inc answer due 6/27/2023; Anderson Regional Landfill LLC answer due 6/9/2023. (Mabry, H) |
| Filing 26 TEXT ORDER granting #21 Motion to Appear Pro Hac Vice as to Michael Gerard Murphy for Anderson Regional Landfill LLC, Waste Connections Inc. Signed by Honorable Bruce Howe Hendricks on 5/16/23.(alew) |
| Filing 25 Summons Issued as to Waste Connections of South Carolina Inc. (alew) |
| Filing 23 TEXT ORDER granting #20 Motion to Appear Pro Hac Vice as to James Slaughter for the defendants. Signed by Honorable Bruce Howe Hendricks on 5/15/23.(alew) |
| Filing 22 AMENDED COMPLAINT against Waste Connections of South Carolina Inc, filed by Patrick Cooley, Joan E Heatherly, Jay H Cooley, Alice F Cooley, Carolyn Cooley, Gwendolyn Woods, Danny R Cooley, Herman Webb, Shantuesday Cooley, Nicholas Cooley, Sharon Cooley Jackson, Grace Elizabeth Tesner, Elizabeth Cooley, Melissa DeVall, Latasha Webb, Veronica Denise Gambrell, Luddie Woods, Cassandra Cooley, Connie Douglas, Clyde Cooley. Service due by 8/10/2023 (Attachments: #1 Summons) (Ozment, Matthew) Modified on 5/16/2023 to edit text (alew). |
Filing 21
MOTION to Appear Pro Hac Vice by Michael Gerard Murphy ( Filing fee $ 350 receipt number SCDC-11095987) by Anderson Regional Landfill LLC, Waste Connections Inc. Response to Motion due by 5/25/2023. 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 Affidavit for Pro Hac Vice Admission)No proposed order.Associated Cases: 8:23-cv-01417-BHH, 8:23-cv-01418-BHH(Mabry, H)
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Filing 20
MOTION to Appear Pro Hac Vice by James Bruce Slaughter ( Filing fee $ 350 receipt number SCDC-11095950) by Anderson Regional Landfill LLC, Waste Connections Inc. Response to Motion due by 5/25/2023. 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 Affidavit for Pro Hac Vice Admission)No proposed order.Associated Cases: 8:23-cv-01417-BHH, 8:23-cv-01418-BHH(Mabry, H)
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Filing 19
TEXT ORDER granting #17 Motion for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction, #18 MOTION for Extension of Time to File Response/Reply as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response to Motion due by 5/18/2023. 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. Signed by Honorable Bruce Howe Hendricks on 5/8/23. (alew)
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Filing 18
MOTION for Extension of Time to File Response/Reply as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Alice F Cooley, Carolyn Cooley, Cassandra Cooley, Clyde Cooley, Danny R Cooley, Elizabeth Cooley, Jay H Cooley, Nicholas Cooley, Patrick Cooley, Shantuesday Cooley, Melissa DeVall, Connie Douglas, Veronica Denise Gambrell, Joan E Heatherly, Sharon Cooley Jackson, Grace Elizabeth Tesner, Herman Webb, Latasha Webb, Gwendolyn Woods, Luddie Woods. Response to Motion due by 5/18/2023. 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.(Pillsbury, Rodney)
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Filing 17
MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction by Alice F Cooley, Carolyn Cooley, Cassandra Cooley, Clyde Cooley, Danny R Cooley, Elizabeth Cooley, Jay H Cooley, Nicholas Cooley, Patrick Cooley, Shantuesday Cooley, Melissa DeVall, Connie Douglas, Veronica Denise Gambrell, Joan E Heatherly, Sharon Cooley Jackson, Grace Elizabeth Tesner, Herman Webb, Latasha Webb, Gwendolyn Woods, Luddie Woods. Response to Motion due by 5/18/2023. 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.(Pillsbury, Rodney)
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Filing 15
TEXT ORDER granting #14 Motion to Withdraw as Attorney. Signed by Honorable Bruce Howe Hendricks on 4/28/2023. (gray)
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Filing 14
MOTION to Withdraw as Attorney Bonnie A. Lynch by Anderson Regional Landfill LLC, Waste Connections Inc. Response to Motion due by 5/11/2023. 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.Associated Cases: 8:23-cv-01417-BHH, 8:23-cv-01418-BHH(Mabry, H)
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Filing 13
NOTICE of Appearance by Christopher B Major on behalf of Anderson Regional Landfill LLC, Waste Connections Inc (Major, Christopher)
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Filing 12
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Anderson Regional Landfill LLC. Response to Motion due by 5/5/2023. 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)No proposed order.(Mabry, H)
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Filing 11
Local Rule 26.01 Answers to Interrogatories by Waste Connections Inc.(Mabry, H)
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Filing 10
MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 5/5/2023. 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. ) by Waste Connections Inc. (Attachments: #1 Memo in Support, #2 Exhibit A - Declaration of H. Sam Mabry, III, #3 Exhibit B - Declaration of Domenico D. Pio)No proposed order.(Mabry, H)
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Filing 9
NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Anderson County. (Attachments: #1 Acknowledgment of Removal)(Mabry, H)
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Filing 8
LETTER EXTENDING TIME TO ANSWER All Defendants. (Mabry, H)
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Filing 6
CLERK'S NOTICE: Plaintiffs' Answers to Local Rule 26.01 Interrogatories are due 14 days after removal (4/21/23). (alew)
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Filing 5
CERTIFICATE OF SERVICE by Anderson Regional Landfill LLC re #1 Notice of Removal, 2 Civil Cover Sheet, #3 Local Rule 26.01 Answers to Interrogatories, #4 Consent to Removal from State Court. (alew)
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Filing 4
CONSENT TO REMOVAL FROM STATE COURT by Waste Connections Inc. (alew)
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Filing 3
Local Rule 26.01 Answers to Interrogatories by Anderson Regional Landfill LLC.(alew)
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Filing 1
NOTICE OF REMOVAL from Anderson County Court of Common Pleas, case number 2023-CP-04-00360. (Filing fee $ 402 receipt number ASCDC-11037275), filed by Anderson Regional Landfill LLC. (Attachments: #1 Exhibit 1-State Court Documents, #2 Exhibit 2-Delaware Secretary of State Printout, #3 Declaration of John Perkey, #4 Declaration of Phillip Garcia, #5 Declaration of Patrick J. Shea)(alew)
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