Harrington v. Resort Management and Consulting Group, LLC
| Richard Harrington |
| Resort Management and Consulting Group, LLC |
| 9:2024cv00346 |
| January 23, 2024 |
| US District Court for the District of South Carolina |
| Molly H Cherry |
| David C Norton |
| Labor: Family and Medical Leave Act |
| 29 U.S.C. ยง 2601 Family Medical Leave Act |
| Plaintiff |
Docket Report
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Filing 16
SCHEDULING ORDER: Rule 26(f) Conference Deadline 4/3/2024, 26(a) Initial Disclosures due by 4/17/2024, Rule 26 Report due by 4/17/2024, Motions to Amend Pleadings due by 5/8/2024, Plaintiffs ID of Expert Witness due by 6/7/2024, Defendants ID of Expert Witnesses Due by 7/8/2024, Records Custodian Affidavit due by 9/6/2024, Discovery due by 9/6/2024, Motions due by 11/6/2024, Mediation Due by 10/7/2024. Signed by Magistrate Judge Molly H Cherry on 3/13/2024. (agaz, )
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| Filing 15 ANSWER to #12 Amended Complaint and Affirmative Defenses by Resort Management and Consulting Group, LLC.(Anderson, Erin) |
| Filing 14 TEXT ORDER mooting #7 Motion to Dismiss. On February 28, 2024, Plaintiff filed an Amended Complaint, ECF No. 12, in accordance with the text order issued on February 28, 2024. See ECF No. 11. Accordingly, the Motion to Dismiss the initial Complaint is MOOT. Defendant may answer or otherwise plead in response to the Amended Complaint in accordance with the Federal Rules of Civil Procedure. AND IT IS SO ORDERED. Entered at the direction of Magistrate Judge Molly H Cherry on 2/29/2024. (agaz, ) |
| Filing 13 NOTICE of Appearance by C Frederick W Manning, II on behalf of Resort Management and Consulting Group, LLC (Manning, C) |
| Filing 12 AMENDED COMPLAINT for Damages against Resort Management and Consulting Group, LLC, filed by Richard Harrington. Service due by 5/28/2024 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Bess, Dylan) |
| Filing 11 TEXT ORDER. On February 21, 2024, Defendant filed a Motion to Dismiss ("Motion"), arguing that Plaintiff failed to plead facts sufficient to support a claim against it. ECF No. 7. Plaintiff filed a Response in opposition to the Motion, in which he asserted new facts not contained in the Complaint and to which he attached exhibits not attached to the Complaint. ECF No. 9. In its Reply, Defendant argues that because the new facts and exhibits are not contained in the Complaint, the Court should not consider the new information in deciding if dismissal is appropriate. ECF No. 10.Pursuant to Rule 15(a)(1)(B) of the Federal Rules of Civil Procedure, Plaintiff has a right to amend his pleading once as a matter of course within 21 days after service of a motion under Rule 12(b). Without expressing any view as to the merits of the Motion, the Court affords Plaintiff an opportunity to cure the purported pleading defects with an amended complaint. Therefore, IT IS ORDERED that Plaintiff shall have until March 13, 2024, to file an amended complaint. If Plaintiff timely files an amended complaint, the pending Motion will become moot. If Plaintiff does not timely file an amended complaint, the Court will decide the Motion. AND IT IS SO ORDERED. Entered at the direction of Magistrate Judge Molly H Cherry on 2/28/2024. (agaz, ) |
| Filing 10 REPLY to Response to Motion re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Resort Management and Consulting Group, LLC. (Anderson, Erin) |
| Filing 9 RESPONSE in Opposition re #7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Richard Harrington.Reply to Response to Motion due by 2/28/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bess, Dylan) |
| Filing 8 Local Rule 26.01 Answers to Interrogatories by Resort Management and Consulting Group, LLC.(Anderson, Erin) |
| Filing 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Resort Management and Consulting Group, LLC. Response to Motion due by 3/6/2024. 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)No proposed order.Motions referred to Molly H Cherry.(Anderson, Erin) |
| Filing 6 SUMMONS Returned Executed by Richard Harrington. Amended Resort Management and Consulting Group, LLC served on 2/2/2024, answer due 2/23/2024. (Bess, Dylan) |
| Filing 5 SUMMONS Returned Executed by Richard Harrington. All Defendants. (Bess, Dylan) |
| Filing 4 Summons Issued as to Resort Management and Consulting Group, LLC. Service due by 4/23/2024. (agaz, ) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Richard Harrington. (agaz, ) |
| Filing 1 COMPLAINT against Resort Management and Consulting Group, LLC ( Filing fee $ 405 receipt number ASCDC-11542951.), filed by Richard Harrington. Service due by 4/22/2024. (agaz, ) |
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| Plaintiff: Richard Harrington | |
| Represented By: | Dylan Artell Bess |
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| Defendant: Resort Management and Consulting Group, LLC | |
| Represented By: | C Frederick W Manning, II |
| Represented By: | Erin Waldron Anderson |
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