Durham v. 84 Lumber Inc
South Carolina District Court | |
Judge: | Donald C Coggins, Jr |
Case #: | 6:17-cv-00973 |
Nature of Suit | 190 Contract - Other Contract |
Cause | 28:1332 Diversity-Other Contract |
Case Filed: | Apr 14, 2017 |
Re-opened: | Oct 06, 2017 |
Terminated: | Jul 20, 2018 |
Last checked: Wednesday Oct 11, 2017 5:27 AM EDT |
Defendant
84 Lumber Inc
|
Represented By
|
Plaintiff
Charles Durham
|
Represented By
|
Docket last updated: 2 hours ago |
Friday, July 20, 2018 | ||
32 | 32
1
pgs
order
Order Dismissing Case 60 Day Settlement Order
Fri 07/20 9:17 AM
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Honorable Donald C Coggins, Jr on 7/20/2018. (abuc) |
|
Monday, May 07, 2018 | ||
27 | 27
minutes
Status Conference
Mon 05/07 11:00 AM
Minute Entry. The Court held a status conference with the parties in Chambers. The parties agreed to conduct an early mediation of the case. Proceedings held before Honorable Donald C Coggins, Jr: Status Conference held on 5/7/2018. (abuc) |
|
Thursday, April 26, 2018 | ||
26 | 26
notice
Notice of Hearing
Thu 04/26 2:03 PM
NOTICE of Hearing: Status Conference set for 5/7/2018, in chambers, 10:00 AM in Spartanburg 2nd Floor, Donald S Russell Fed Bldg, 201 Magnolia St, Spartanburg before Honorable Donald C Coggins Jr. (abuc) |
|
Friday, December 15, 2017 | ||
22 | 22
misc
Case Reassigned CV
Fri 12/15 10:17 AM
Case Reassigned to Judge Honorable Donald C Coggins, Jr. Judge Honorable Mary Geiger Lewis no longer assigned to the case. (cwil, ) |
|
Friday, November 03, 2017 | ||
20 | 20
respm
Reply to Response to Motion
Fri 11/03 11:15 AM
REPLY to Response to Motion re5 MOTION to Dismiss or, in the Alternative, to Stay the Action and Compel Arbitration Response filed by 84 Lumber Inc. (Major, Denny) |
|
Friday, October 27, 2017 | ||
19 | 19
respm
Response in Opposition to Motion
Fri 10/27 3:12 PM
RESPONSE in Opposition re5 MOTION to Dismiss or, in the Alternative, to Stay the Action and Compel Arbitration Response filed by Charles Durham.Reply to Response to Motion due by 11/3/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Anthony, Kenneth) |
|
Att: 1 Supporting Documents, | ||
Att: 2 Supporting Documents, | ||
Att: 3 Supporting Documents, | ||
Att: 4 Supporting Documents | ||
18 | 18
order
Order on Motion for Extension of Time to File Response/Reply
Fri 10/27 12:23 PM
TEXT ORDER granting 16 Motion for Extension of Time to File Response/Reply. Response due by 10/27/2017. Signed by Honorable Mary Geiger Lewis on 10/27/2017.(abuc) |
|
Thursday, October 12, 2017 | ||
16 | 16
motion
Extension of Time
Thu 10/12 1:41 PM
First MOTION for Extension of Time to File Brief by Charles Durham. Response to Motion due by 10/26/2017. 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.(Anthony, Kenneth) |
|
Friday, October 06, 2017 | ||
14 | 14
order
Order on Motion to Reopen Case
Fri 10/06 1:37 PM
TEXT ORDER granting 10 Motion to Reopen Case: Pending before the Court is Plaintiff's motion to reopen and reconsider. Plaintiff fails to indicate whether he is filing the motion as per Rule 59(e) or Rule 60(b) of the Federal Rules of Civil Procedure. The Fourth Circuit has "squarely held, however, that a motion filed under both Rule 59(e) and Rule 60(b) should be analyzed only under Rule 59(e) if it was filed no later than [twenty-eight] days after entry of the adverse judgment and seeks to correct that judgment." Robinson v. Wix Filtration Corp. LLC, 599 F.3d 403, 412 (4th Cir. 2010). Plaintiff' filed this motion four days after the Court entered final judgment in the matter. "Rule 59(e) provides that a court may alter or amend the judgment if the movant shows either (1) an intervening change in the controlling law, (2) new evidence that was not available at trial, or (3) that there has been a clear error of law or a manifest injustice. Id. at 407. It appears to the Court the "manifest injustice" prong is the only argument applicable here. Plaintiff's counsel blames his computer system for his failure to receive Defendant's motion to dismiss. The facts of this case are dissimilar to those in Robinson, wherein the Fourth Circuit affirmed the district court's denial of the plaintiff's Rule 59(e) motion asserting computer issues resulting in "a manifest injustice." Here, in contrast to Robinson, there is nothing in the record to suggest Plaintiff's counsel was aware of any computer problems, he was willfully blind to the electronic docket, or he made a strategic choice to remain ignorant of Defendant's motion. As such, the Court is of the firm opinion it would be "a manifest injustice" for it to refrain from granting the relief Plaintiff seeks. Therefore, in light of the foregoing, having considered the motion, the response, the record, and the applicable law, it is the judgment of the Court Plaintiff's motion is GRANTED. Plaintiff shall file his response to Defendant's motion to dismiss or, in the alternative, to stay the action and compel arbitration, not later than Friday, October 13, 2017. IT IS SO ORDERED. Signed by Honorable Mary Geiger Lewis on 10/6/17.(alew, ) |
|
13 | 13
respm
Response in Opposition to Motion
Fri 10/06 9:55 AM
RESPONSE in Opposition re10 MOTION to Reopen Case Response filed by 84 Lumber Inc.Reply to Response to Motion due by 10/13/2017 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Major, Denny) |
|
Monday, September 25, 2017 | ||
12 | 12
misc
Certificate of Consultation on Motion
Mon 09/25 3:24 PM
CERTIFICATE OF CONSULTATION byCharles Durham re10 MOTION to Reopen Case . (Anthony, Kenneth) |
|
11 | 11
order
Order
Mon 09/25 8:41 AM
TEXT ORDER re 10 MOTION to Reopen Case: Counsel is directed to file a certificate of compliance as required in LR 7.02 by the end of the day today. Signed by Honorable Mary Geiger Lewis on 9/25/2017. (abuc) |
|
Friday, September 22, 2017 | ||
10 | 10
motion
Reopen Case
Fri 09/22 4:35 PM
MOTION to Reopen Case by Charles Durham. Response to Motion due by 10/6/2017. 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.(Anthony, Kenneth) |
|
Monday, September 18, 2017 | ||
9 | 9
misc
Judgment
Mon 09/18 2:27 PM
JUDGMENT / The court has ordered that the defendant's motion to dismiss is granted without opposition. (abuc) |
|
8 | 8
order
Order on Motion to Dismiss
Mon 09/18 2:21 PM
ORDER granting 5 Motion to Dismiss without opposition. Signed by Honorable Mary Geiger Lewis on 9/18/2017.(abuc) |
|
Wednesday, August 16, 2017 | ||
6 | 6
discov
Local Rule 26.01 Answers to Interrogatories
Wed 08/16 4:39 PM
Local Rule 26.01 Answers to Interrogatories by 84 Lumber Inc.(Major, Denny) |
|
5 | 5
motion
Dismiss
Wed 08/16 4:28 PM
MOTION to Dismiss or, in the Alternative, to Stay the Action and Compel Arbitration by 84 Lumber Inc. Response to Motion due by 8/30/2017. 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.(Major, Denny) |
|
Att: 1 Memo in Support, | ||
Att: 2 Exhibit A, Voluntary Dispute Resolution Agreement, | ||
Att: 3 Exhibit B, Corrective Action Form, | ||
Att: 4 Exhibit C, Service of Process Notice, | ||
Att: 5 Exhibit D, Declaration of Jamey Silas | ||
Friday, April 14, 2017 | ||
4 | 4
service
Summons Issued
Fri 04/14 1:54 PM
Summons Issued as to 84 Lumber Inc. (alew, ) |
|
3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Fri 04/14 1:53 PM
Local Rule 26.01 Answers to Interrogatories by Charles Durham.(alew, ) |
|
1 | 1
cmp
Complaint
Fri 04/14 1:52 PM
COMPLAINT against 84 Lumber Inc ( Filing fee $ 400 receipt number 0420-7103556.), filed by Charles Durham. Service due by 7/13/2017(alew, ) |