Shumard v. I.C.P. SRL et al
| Charles Shumard |
| I.C.P. SRL and I.C.P. Aviation North America LLC |
| 8:2023cv05394 |
| October 26, 2023 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| Airplane Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 TEXT ORDER: Following the removal of this action from state court, Defendant I.C.P. SRL filed a motion to dismiss the plaintiff's complaint pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure (ECF No. #9 ). Defendant I.C.P. Aviation North America, LLC also filed a motion to dismiss under Rule 12(b)(2), or, in the alternative, to transfer to the United States District Court for the Northern District of Texas (ECF No. #10 ). Now before the court is a consent motion to stay the current deadlines in this case until February 16, 2024 as [t]he parties have agreed to engage in early resolution discussions prior to litigating jurisdictional issues," and "are optimistic that settlement is a possibility" (ECF No. #23 ). The court GRANTS the consent motion (ECF No. #23 ) and orders the parties to submit a joint status report no later than February 16, 2024. Signed by Honorable Timothy M Cain on 12/06/2023. (jens) |
| Filing 23 Consent MOTION to Stay by I.C.P. SRL. Response to Motion due by 12/19/2023. 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 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Montgomery, John) |
| Filing 22 TEXT ORDER granting #21 Consent Motion for Extension of Time to File Response as to #9 MOTION to Dismiss for Lack of Jurisdiction and #10 MOTION to Dismiss for Lack of Jurisdiction. Response to Motions due by 12/14/2023. Entered at the direction of the Honorable Timothy M Cain on 11/29/23.(kmca) |
| Filing 21 Second MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction (Motion to Dismiss Under Rule 12(b)(2) or, in the Alternative, MOTION to Transfer Case to the United States District Court for the Northern District of Texas, #9 MOTION to Dismiss for Lack of Jurisdiction by Charles Shumard. Response to Motion due by 12/13/2023. 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.(Tarver, Derek) |
| Filing 19 TEXT ORDER granting #16 and #18 Consent Motions for Extension of Time to File Response to #9 MOTION to Dismiss for Lack of Jurisdiction and #10 MOTION to Dismiss for Lack of Jurisdiction. Response to Motions due by 11/30/2023. Entered at the direction of the Honorable Timothy M Cain on 11/15/23.(kmca) |
| Filing 18 Consent MOTION for Extension of Time to File Response/Reply as to #9 MOTION to Dismiss for Lack of Jurisdiction by Charles Shumard. Response to Motion due by 11/29/2023. 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.(Tarver, Derek) |
| Filing 17 REPLY by I.C.P. Aviation North America LLC to 13 Order,,,, Set Deadlines,,, (Jurisdictional Statement). (Duggan, Ian) |
| Filing 16 Consent MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Dismiss for Lack of Jurisdiction (Motion to Dismiss Under Rule 12(b)(2) or, in the Alternative, MOTION to Transfer Case to the United States District Court for the Northern District of Texas by Charles Shumard. Response to Motion due by 11/28/2023. 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.(Tarver, Derek) |
| Filing 14 Plaintiff's Local Rule 26.01 Answers to Interrogatories by Charles Shumard.(Tarver, Derek) |
| Filing 13 TEXT ORDER. Jurisdiction in this matter is predicated upon diversity of citizenship pursuant to 28 U.S.C. 1332. Within ten (10) days of the date of this order, Defendant I.C.P. Aviation North America LLC is to inform the court of the citizenship of all members for the purpose of determining whether the requirements of federal subject matter jurisdiction are satisfied. See 28 U.S.C. 1332; Gen. Tech. Applications, Inc. v. Exro Ltda, 388 F. 3d 114, 121 (4th Cir. 2004) (holding that "[a limited liability company] is an unincorporated association, akin to a partnership for diversity purposes, whose citizenship is that of its members."); see also Local Rule 26.01(H) (D.S.C.). Entered at the direction of the Honorable Timothy M Cain on 11/6/23. (Reply due by 11/16/2023.)(kmca) |
| Filing 11 Local Rule 26.01 Answers to Interrogatories by I.C.P. Aviation North America LLC.(kmca) Removed from entry #10 Motion and re-filed using the correct event. (kmca) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction (Motion to Dismiss Under Rule 12(b)(2) or, in the Alternative, MOTION to Transfer to the United States District Court for the Northern District of Texas by I.C.P. Aviation North America LLC. Response to Motion due by 11/16/2023. 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 Exhibit 1 - Declaration of Valter Della Nebbia with Attachments A & B, #2 Exhibit 2 - Aircraft Registration to Tanner Stilp, #3 Exhibit 3 - Voter Registration for Tanner Stilp, #4 Exhibit 4 - Federal Aviation Administration - Airman Inquiry for Tanner Stilp),, # (5) LR 26.01 Answers I.C.P. Aviation North America, LLC's Responses to Local Rule 26.01 Interrogatories. No proposed order.(Duggan, Ian). Added MOTION to Transfer Case on 11/3/2023: to add additional relief listed (kmca). Modified on 11/3/2023: to remove attachment 5 and file as a separate event #11 Local Rule 26.01 Answers to Interrogatories (kmca). (Attachment 1 replaced on 11/3/2023: to replace with corrected document (legible) as provided by filing user) (kmca). |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction by I.C.P. SRL. Response to Motion due by 11/16/2023. 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 of Tancredi Razzano)No proposed order.(Montgomery, John) |
| Filing 7 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Edgefield County. (Attachments: #1 Acknowledgment of Filing Notice of Removal)(Montgomery, John) |
| Filing 4 CLERK'S NOTICE: Plaintiff's Local Rule 26.01 Interrogatories (including section H) are due fourteen (14) days after removal.(kmca) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by I.C.P. SRL. (Attachments: #1 Certificate of Service)(kmca) |
| Filing 1 NOTICE OF REMOVAL from Edgefield County Court of Common Pleas, case number 2029-CP-19-00229. (Filing fee $402 receipt number ASCDC-11396483), filed by I.C.P. SRL. (Attachments: #1 State Court Documents, #2 Certificate of Service)(kmca) |
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