Capaldo et al v. Gypsum Management and Supply Company, Inc.
| Roxanne Capaldo and Edward P Capaldo |
| Gypsum Management and Supply Company, Inc. GMS Southeast, Inc. doing business as Tucker Materials, Inc., GMS Southeast Inc and Tucker Materials Inc |
| 8:2024cv00832 |
| February 19, 2024 |
| U.S. District Court for the District of South Carolina |
| Timothy M Cain |
| P.I.: Other |
| 28 U.S.C. § 1446 Notice of Removal-Personal Injury |
| Both |
Docket Report
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| Filing 25 TEXT ORDER: Counsel and parties are required to make a good faith effort to resolve discovery disputes consistent with the requirements of the Federal Rules of Civil Procedure and the Local Rules for the District of South Carolina. If a dispute arises regarding discovery, and such good faith efforts are unsuccessful, prior to filing a motion to compel, motion to quash or other motion related to a discovery dispute, counsel for the parties shall first be required to follow the following procedure.Counsel shall inform Judge Cain's Civil Case Manager Kay McAlister in writing at kay_mcalister@scd.uscourts.gov that a discovery dispute exists that requires input from the judge. Counsel shall prepare a joint report identifying the disputed issues and summarizing the positions of the parties. This report shall set forth what efforts have been made to resolve the dispute. If the dispute involves a written interrogatory, request for production or admission, deposition, or subpoena, a copy of the discovery request and the written response should be attached to the informal joint report. Parties should not attach the entire set of interrogatories, request for admission, etc. but only those portions that are disputed. The joint report and attachments do not have to be filed and should be sent to chambers at cain_ecf@scd.uscourts.gov.The report is not a brief and should not set forth arguments or legal authority. That will come later if informal efforts to resolve the dispute are unsuccessful. Fed. R. Civ. P. 1 provides that the federal rules should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding. The purpose of this procedure is to provide the parties an opportunity to resolve some or all discovery disputes more quickly and in a less expensive manner than the formal process set forth in the Federal Rules, while at the same time conserving scarce, limited judicial resources.The joint report shall be no longer than ten pages in length double spaced. It must contain an affirmation that counsel have conferred in good faith to resolve the disputed issues. SUCH EFFORTS MUST INVOLVE IN-PERSON MEETINGS OR TELEPHONE CONFERENCES. Consultation solely by electronic mail, facsimile or regular mail is not sufficient.Upon receipt of the joint report, the court will decide if a status conference or telephone conference should be held address the dispute and advise the parties accordingly. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 4/12/24. (kmca) |
| Filing 24 MEDIATION ORDER. Mediation Due by 10/2/2024. Signed by Honorable Timothy M Cain on 4/12/24. (kmca) |
Filing 23
SCHEDULING ORDER: Rule 26(f) Conference Deadline 5/2/2024, 26(a) Initial Disclosures due by 5/16/2024, ADR Statement/Certification due by 5/16/2024, Rule 26 Report due by 5/16/2024, Motions to Amend Pleadings due by 6/26/2024, Plaintiffs ID of Expert Witness due by 7/26/2024, Defendants ID of Expert Witnesses Due by 8/26/2024, Records Custodian Affidavit due by 8/26/2024, Discovery due by 9/25/2024, Motions due by 10/9/2024, Jury Selection Deadline 12/9/2024 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 4/12/24. (kmca)
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| Filing 19 ANSWER to #15 Amended Complaint by GMS Southeast Inc.(Williams, Charles) |
| Filing 22 DELETION OF DOCKET ENTRY NUMBERS #17 Acceptance of Service & #18 Affidavit of Service. Reason: re-filed by attorney to correct event and add signature. Corrected Filing Document Number #20 & #21 Summons Returned Executed. Modified filing date to that of original filing: 4/9/24. (kmca) |
| Filing 21 SUMMONS Returned Executed re: [1-1] Complaint, by Roxanne Capaldo, Edward P Capaldo. Gypsum Management and Supply Company, Inc. served on 4/2/2024, answer due 4/23/2024. (Attachments: #1 Affidavit of Service)(Killoren, Thomas) Modified on 4/10/2024: to correct date filed, to add ink ([1-1]) (kmca). |
| Filing 20 SUMMONS Returned Executed re #15 Amended Complaint, by Roxanne Capaldo, Edward P Capaldo. GMS Southeast Inc served on 4/8/2024, answer due 4/29/2024. (Attachments: #1 Acceptance of Service)(Killoren, Thomas) Modified on 4/10/2024: to change date filed, to add link ( #15 ), to add text (service and answer dates) (kmca). Modified on 4/10/2024: See #19 Answer. (kmca) |
| Filing 15 AMENDED COMPLAINT (FIRST) against GMS Southeast, Inc. f/k/a Tucker Materials, Inc., filed by Roxanne Capaldo, Edward P Capaldo. Service due by 7/5/2024 (Killoren, Thomas) |
| Filing 14 Plaintiffs' Local Rule 26.01 Answers to Interrogatories by Edward P Capaldo, Roxanne Capaldo.(Killoren, Thomas) |
| Filing 13 NOTICE of Appearance by Thomas A Killoren, Jr on behalf of Edward P Capaldo, Roxanne Capaldo (Killoren, Thomas) |
| Filing 12 CERTIFICATE OF SERVICE by Gypsum Management and Supply Company, Inc. re #10 Answer to Complaint, #1 Notice of Removal, #3 Local Rule 26.01 Answers to Interrogatories (Williams, Charles) |
| Filing 10 ANSWER to Complaint by Gypsum Management and Supply Company, Inc..(Williams, Charles) |
| Filing 9 ***DOCUMENT E-MAILED: #4 Notice of Transfer, to Christopher Kennedy, chris@kennedybrannon.com. (kmca) |
| Filing 7 CLERK'S NOTICE: Plaintiff's Answers to Local Rule 26.01 Interrogatories (including section H) are due 14 days after removal. (jens) |
| Filing 5 ***DOCUMENT MAILED #4 Notice of Transfer Letter placed in U.S. Mail from Greenville Clerks Office to Christopher D Kennedy, PO Box 32544 (29304), 104 N. Daniel Morgan Ave., Ste. 201, Spartanburg, SC 29306. (jens) |
| Filing 4 NOTICE of Transfer of Case to the United States District Court. (jens) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Gypsum Management and Supply Company, Inc.(jens) |
| Filing 1 NOTICE OF REMOVAL from Anderson County Court of Common Pleas, case number 2023-CP-04-02523. (Filing fee $ 405 receipt number ASCDC-11598013), filed by Gypsum Management and Supply Company, Inc. (Attachments: #1 State Court Documents from Anderson County Court of Common Pleas)(jens) |
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