Smith v. Duke Energy Corporation et al
| Scott Smith |
| Duke Energy Corporation, Duke Energy Carolinas LLC, Duke Energy Progress LLC, T Preston Gillespie, Michael P Callahan and Jason Hollifield |
| 8:2024cv02702 |
| May 1, 2024 |
| US District Court for the District of South Carolina |
| Timothy M Cain |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Wrongful Death |
| Both |
Docket Report
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This docket was last retrieved on June 14, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 MOTION to Remand to State Court by Michael P Callahan, Duke Energy Carolinas LLC, Duke Energy Corporation, Duke Energy Progress LLC, T Preston Gillespie, Jason Hollifield. Response to Motion due by 6/28/2024. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Spencer, Joshua) |
| Filing 30 JOINT STIPULATION by Michael P Callahan, Duke Energy Carolinas LLC, Duke Energy Corporation, Duke Energy Progress LLC, T Preston Gillespie, Jason Hollifield, Scott Smith. (Spencer, Joshua) Modified on 6/17/2024: to add joint filer as listed (kmca). |
| Filing 29 DELETION OF DOCKET ENTRY NUMBER #28 Notice of Request for Protection. Reason: duplicate filing. Corrected Filing Document Number ( #27 in 8:24-cv-02800-TMC, #27 in 8:24-cv-02702-TMC) Associated Cases: 8:24-cv-02702-TMC, 8:24-cv-02800-TMC(kmca) |
| Filing 27 NOTICE of Request for Protection from Court Appearance by Jennifer Spragins Burnett for June 24- 28, 2024 and July 30- August 2, 2024. Associated Cases: 8:24-cv-02702-TMC, 8:24-cv-02800-TMC(Burnett, Jennifer) Modified on 6/13/2024: to add text (2nd week) (kmca). |
| Filing 25 TEXT ORDER granting #24 Joint Motion for Extension of Time. Plaintiff's response to #12 Motion to Dismiss is due 7/1/24. The Rule 26(f) conference deadline is due 6/28/24. Entered at the direction of the Honorable Chief Judge Timothy M Cain on 6/5/24.(kmca) |
| Filing 24 Joint MOTION for Extension of Time for Plaintiff's Response to Defendant T. Preston Gillespie's Motion to Dismiss and for Rule 26(f) Conference by Michael P Callahan, Duke Energy Carolinas LLC, Duke Energy Corporation, Duke Energy Progress LLC, T Preston Gillespie, Jason Hollifield, Scott Smith,. Response to Motion due by 6/20/2024. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Spencer, Joshua) Modified on 6/5/2024: to add joint filer as listed (kmca). |
| Filing 23 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 5/22/24. Associated Cases: 8:24-cv-02702-TMC, 8:24-cv-02800-TMC(kmca) |
| Filing 22 MEDIATION ORDER. Mediation Due by 11/12/2024. Signed by Honorable Timothy M Cain on 5/22/24. Associated Cases: 8:24-cv-02702-TMC, 8:24-cv-02800-TMC(kmca) |
Filing 21
SCHEDULING ORDER: Rule 26(f) Conference Deadline 6/11/2024, 26(a) Initial Disclosures due by 6/25/2024, ADR Statement/Certification due by 6/25/2024, Rule 26 Report due by 6/25/2024, Motions to Amend Pleadings due by 8/5/2024, Plaintiffs ID of Expert Witness due by 9/4/2024, Defendants ID of Expert Witnesses Due by 10/4/2024, Records Custodian Affidavit due by 10/4/2024, Discovery due by 11/4/2024, Motions due by 11/18/2024, Jury Selection Deadline 1/17/2025 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 5/22/24. Associated Cases: 8:24-cv-02702-TMC, 8:24-cv-02800-TMC(kmca) Modified on 6/5/2024: 26(f) conference due 6/28/24; Initial Disclosures, 26(f) Report and ADR Statement due 7/9/24 per 25 order (kmca).
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| Filing 20 TEXT ORDER granting (17) Consent Motion for Extension of Time to File Response to #12 Motion to Dismiss. Plaintiff's Response to #12 Motion due by 6/6/2024. Entered at the direction of the Honorable Timothy M Cain on 5/16/24. Associated Cases: 8:24-cv-02702-TMC, 8:24-cv-02800-TMC(kmca) |
| Filing 19 Local Rule 26.01 Answers to Interrogatories by Scott Smith.(Burnett, Jennifer) |
| Filing 17 First MOTION for Extension of Time to File Response to #12 Motion to Dismiss, by Scott Smith. Response to Motion due by 5/29/2024. 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 A- Correspondence)No proposed order.Associated Cases: 8:24-cv-02702-TMC, 8:24-cv-02800-TMC(Burnett, Jennifer) Modified on 5/16/2024: to add linkage ( #12 ) (kmca). |
| Filing 16 REPLY by Duke Energy Carolinas LLC, Duke Energy Progress LLC to 15 Order. (Spencer, Joshua) (Main Document 16 replaced on 5/15/2024: to replace with corrected document as provided by filing user) (kmca). |
| Filing 15 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, Defendants Duke Energy Carolinas LLC and Duke Energy Progress LLC are to inform the court of the citizenship of all its 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 5/9/24. (Reply to Order due by 5/20/2024.) Associated Cases: 8:24-cv-02702-TMC, 8:24-cv-02800-TMC(kmca) |
| Filing 14 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Anderson County. (Attachments: #1 Acknowledgment of Removal)(Spencer, Joshua) |
| Filing 12 MOTION to Dismiss by T Preston Gillespie. Response to Motion due by 5/15/2024. 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 T. Preston Gillespie, #3 Exhibit B- Service Regulations)(jens) |
| Filing 11 ANSWER to Complaint by T Preston Gillespie.(jens) |
| Filing 10 ANSWER to Complaint by Michael P Callahan.(jens) |
| Filing 9 ANSWER to Complaint by Jason Hollifield.(jens) |
| Filing 8 ANSWER to Complaint by Duke Energy Progress LLC.(jens) |
| Filing 7 ANSWER to Complaint by Duke Energy Corporation.(jens) |
| Filing 6 ANSWER to Complaint by Duke Energy Carolinas LLC.(jens) |
| Filing 5 CLERK'S NOTICE: Plaintiff's Local Rule 26.01 Interrogatories (including section H) are due fourteen (14) days after removal. (jens) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Michael P Callahan, Duke Energy Carolinas LLC, Duke Energy Corporation, Duke Energy Progress LLC, T Preston Gillespie, Jason Hollifield.(jens) Modified on 5/1/2024 to edit docket text (jens). |
| Filing 1 NOTICE OF REMOVAL from Anderson County Court of Common Pleas, case number 2024-CP-04-00692. (Filing fee $ 405 receipt number ASCDC-11738986), filed by Duke Energy Carolinas LLC, Jason Hollifield, T Preston Gillespie, Duke Energy Corporation, Duke Energy Progress LLC, Michael P Callahan. (Attachments: #1 Exhibit 1- State Court Documents (WRONGFUL DEATH ACTION) from Anderson County Court of Common Pleas, #2 Exhibit 2- Declaration of Cassandra M. Springer, #3 Exhibit 3- Declaration of T. Preston Gillespie, #4 Certificate of Service)(jens) Modified on 5/1/2024 to edit docket text (jens). |
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