Curry et al v. Omni Hotels Management Corporation et al
| Walter Curry and Cheryl Curry |
| Omni Hotels Management Corporation doing business as Omni Hilton Head Oceanfront Resort, Jane Doe 1-10, Theo Schofield, Atlantic Resort Managers Inc. formerly known as Mariner's Inn Associates Inc doing business as Omni Hilton Head Oceanfront Resort, Mariner and Jeff Gibson |
| 9:2021cv03587 |
| October 29, 2021 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 30
TEXT ORDER: For good cause shown, this Court hereby EXTENDS the time by fourteen (14) days for Plaintiffs to file responses to the Motion(s) to Dismiss Plaintiffs Amended Complaint filed by Defendant Omni Hotels Management Corporation (ECF Docket Entry #24) and Defendant Theo Schofield (ECF Docket Entry #25) on December 20, 2021, making the responses due by January 18, 2022. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/27/21.(ltap, )
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Filing 29
Joint Rule 26(f) Report by Cheryl Curry, Walter Curry.(Redfern, Clinton)
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Filing 28
MOTION for Extension of Time to File Response/Reply as to #24 MOTION to Dismiss Plaintiff's Amended Complaint, #25 MOTION to Dismiss Plaintiffs' Amended Complaint by Cheryl Curry, Walter Curry. Response to Motion due by 1/6/2022. 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 Exhibit Exhibit A, #2 Proposed Order Proposed Order of Extension of Time)Proposed order is being emailed to chambers with copy to opposing counsel.(Redfern, Clinton)
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Filing 27
SUMMONS Returned Executed by Walter Curry, Cheryl Curry. Notice of Proof of Service on Atlantic Resort Managers Inc. Atlantic Resort Managers Inc. served on 12/22/2021, answer due 1/12/2022. (Attachments: #1 Exhibit Proof of Service on Atlantic Resort Managers Inc.)(Redfern, Clinton)
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Filing 26
SUMMONS Returned Executed by Walter Curry. Notice of Filing of Affidavit of Service Jeff Gibson served on 12/22/2021, answer due 1/12/2022. (Attachments: #1 Affidavit Affidavit of Service on Jeff Gibson)(Redfern, Clinton)
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Filing 25
MOTION to Dismiss Plaintiffs' Amended Complaint by Theo Schofield. Response to Motion due by 1/4/2022. 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 Memo in Support of Motion to Dismiss Amended Complaint, #2 Proposed Order Granting Motion to Dismiss Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Gordon, Frank)
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Filing 24
MOTION to Dismiss Plaintiff's Amended Complaint by Omni Hotels Management Corporation. Response to Motion due by 1/4/2022. 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 Memo in Support of Motion to Dismiss Amended Complaint, #2 Proposed Order Granting Motion to Dismiss Amended Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Gordon, Frank)
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Filing 23
Summons Issued as to Jeff Gibson. (sshe, )
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Filing 22
Summons Issued as to Atlantic Resort Managers Inc. (sshe, )
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Filing 21
DELETION OF DOCKET ENTRY NUMBERS 19, 20 Reason: Filing user filed (notice of appearance) documents incorrectly as unneccessary events Filing date of original filings: 12/10/2021 (sshe, )
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Filing 18
TEXT ORDER: Defendant Omni Hotels Management Corporation moved to dismiss the complaint for failure to state a claim on which relief can be granted. (Dkt. No. 10). The Court gave Plaintiff leave to amend the pleading to cure its purported defect or respond in opposition. (Dkt. No. 11). Plaintiff has filed an amended complaint. (Dkt. No. 17). Therefore, Defendants motion to dismiss the amended complaint is DENIED WITHOUT PREJUDICE as MOOT. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/10/21.(ltap, )
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Filing 17
AMENDED COMPLAINT against Jane Doe 1-10, Omni Hotels Management Corporation, Theo Schofield, Atlantic Resort Managers Inc., Jeff Gibson, filed by Walter Curry, Cheryl Curry. Service due by 3/9/2022 (Redfern, Clinton) (Main Document 17 replaced on 12/10/2021) (sshe, ). Modified on 12/10/2021 to replace with corrected document (removed "amended summons" pages 1-2 per in incorrect form)(sshe, ).
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Filing 15
ORDER granting #13 Motion of Eli Jason Mackey to Appear Pro Hac Vice for Omni Hotels Management Corporation. Signed by Honorable Richard M Gergel on 12/7/2021.(sshe, )
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Filing 14
ORDER granting #12 Motion of Stephen Setliff to Appear Pro Hac Vice for Omni Hotels Management Corporation. Signed by Honorable Richard M Gergel on 12/7/2021.(sshe, )
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Filing 13
MOTION to Appear Pro Hac Vice by Eli Jason Mackey ( Filing fee $ 350 receipt number ASCDC-10217456) by Omni Hotels Management Corporation. Response to Motion due by 12/17/2021. 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 Affidavit for Pro Hac Vice Admission of Eli Jason Mackey, #2 Proposed Order for Admission of Eli Jason Mackey)Proposed order is being emailed to chambers with copy to opposing counsel.(Gordon, Frank)
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Filing 12
MOTION to Appear Pro Hac Vice by Stephen Setliff ( Filing fee $ 350 receipt number ASCDC-10217396) by Omni Hotels Management Corporation. Response to Motion due by 12/17/2021. 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 Affidavit Affidavit for Pro Hac Vice Admission of Stephen Setliff, #2 Proposed Order Order for Admission of Stephen Setliff)Proposed order is being emailed to chambers with copy to opposing counsel.(Gordon, Frank)
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Filing 11
ORDER: Plaintiffs are DIRECTED to file either an amended complaint or a response to the instant motion on or before December 9, 2021.AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/29/21. (ltap, )
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Omni Hotels Management Corporation. Response to Motion due by 12/8/2021. 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, #2 Memo in Support Memo in Support of Motion to Dismiss)Proposed order is being emailed to chambers with copy to opposing counsel.(Gordon, Frank)
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Filing 9
SCHEDULING ORDER Rule 26(f) Conference Deadline 12/7/2021, 26(a) Initial Disclosures due by 12/21/2021, Rule 26 Report due by 12/21/2021, Motions to Amend Pleadings due by 2/14/2022, Plaintiffs ID of Expert Witness due by 3/16/2022, Defendants ID of Expert Witnesses Due by 4/15/2022, Records Custodian Affidavit due by 4/22/2022, Discovery due by 5/16/2022, Motion in Limine due by 15 business days prior to jury selection, Motions due by 5/31/2022, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to jury selection, Case ready for jury selection and/or trial on or after 9/1/2022 Signed by Honorable Richard M Gergel on 11/16/2021. (sshe, )
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Filing 8
ORDER granting #4 Motion for Extension of Time. This Court extends the time for defendant Omni Hotels Management Corporation to file a Rule 12 motion to dismiss, to and including November 24, 2021. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/16/2021.(sshe, )
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Filing 7
RESPONSE in Support re #4 MOTION for Extension of Time for Filing Motion To Dismiss Response filed by Omni Hotels Management Corporation. (Attachments: #1 Proposed Order Proposed Order)(Gordon, Frank)
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Filing 6
TEXT ORDER: Defendant Omni Hotels Management Corporation moves the Court for a fourteen day extension of time to file a Rule 12 motion to dismiss the Complaint. (Dkt. No. 4). Defendant Omni proposes a new deadline of November 24, 2021. Defendant Omni represents it has not sought Plaintiffs consent to the motion. The Court instructs Plaintiff to file a consent or opposition to Defendant Omnis motion for extension of time on or before November 16, 2021. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/12/21. (ltap, )
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Filing 5
ANSWER to Complaint by Omni Hotels Management Corporation.(Gordon, Frank)
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Filing 4
MOTION for Extension of Time for Filing Motion To Dismiss by Omni Hotels Management Corporation. Response to Motion due by 11/29/2021. 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)Proposed order is being emailed to chambers with copy to opposing counsel.(Gordon, Frank)
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Filing 2
Local Rule 26.01 Answers to Interrogatories by Omni Hotels Management Corporation, Theo Schofield.(sshe, )
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Filing 1
NOTICE OF REMOVAL from Beaufort County Court of Common Pleas, case number 2021-CP-07-01587. (Filing fee $ 402 receipt number ASCDC-10157739), filed by Theo Schofield, Omni Hotels Management Corporation. (Attachments: #1 Exhibit A-Affidavit of Kristen Miller Reinsch, #2 Exhibit B-State Court Summons & Complaint, #3 Exhibit C-Notice of Filing Notice of Removal)(sshe, )
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