Walkup v. General Motors Company LLC
| South Carolina District Court | |
| Judge: | R Bryan Harwell |
| Case #: | 4:17-cv-00981 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Notice of Removal |
| Case Filed: | Apr 17, 2017 |
| Terminated: | Mar 20, 2018 |
| Last checked: Saturday Oct 14, 2017 6:33 AM EDT |
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Defendant
General Motors Company LLC
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Represented By
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Plaintiff
Terry A Walkup
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Represented By
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| Docket last updated: 04/24/2024 11:59 PM EDT |
| Tuesday, March 20, 2018 | ||
| 23 | 23
notice
Notice of Cancellation of Hearing
Tue 03/20 9:18 AM
NOTICE of Cancellation of Jury Selection set for 4/19/2018. (lsut, ) |
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| Monday, March 19, 2018 | ||
| 21 | 21
misc
Stipulation of Dismissal
Mon 03/19 10:51 AM
STIPULATION of Dismissal with prejudice by General Motors Company LLC. (Gregg, Michael) |
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| Friday, March 02, 2018 | ||
| 20 | 20
notice
Notice of Hearing
Fri 03/02 4:00 PM
CALENDAR NOTICE of Hearing: Jury Selection set for 4/19/2018 09:30 AM in Florence #1, McMillan Federal Bldg, 401 W Evans St, Florence before the Honorable R Bryan Harwell. (lsut, ) |
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| Tuesday, November 28, 2017 | ||
| 19 | 19
order
Order on Motion for Extension of Time to Complete Discovery
Tue 11/28 9:41 AM
TEXT ORDER granting 18 Consent Motion for Extension of Time to Complete Discovery until February 5, 2018. Signed by Honorable R Bryan Harwell on 11/28/2017.(tmcb, ) |
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| Monday, November 27, 2017 | ||
| 18 | 18
motion
Extension of Time to Complete Discovery
Mon 11/27 10:27 AM
Consent MOTION for Extension of Time to Complete Discovery by Terry A Walkup. Response to Motion due by 12/11/2017. 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.(Hopkins, William) |
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| Thursday, August 24, 2017 | ||
| 17 | 17
order
Order on Motion for Extension of Time
Thu 08/24 4:54 PM
TEXT ORDER granting 15 Consent Motion for Extension of Time. Plaintiff's expert witness designation now due October 2, 2017. Defendant's expert witness designation now due October 31, 2017. Signed by Honorable R Bryan Harwell on 8/24/2017.(tmcb, ) |
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| Tuesday, August 22, 2017 | ||
| 15 | 15
motion
Extension of Time
Tue 08/22 5:03 PM
Consent MOTION for Extension of Time for Parties to Identify Expert Witnesses by Terry A Walkup. Response to Motion due by 9/5/2017. 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.(Hopkins, William) |
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| Tuesday, May 30, 2017 | ||
| 14 | 14
misc
Entry Deletion
Wed 05/31 8:34 AM
DELETION OF DOCKET ENTRY NUMBER 12. Reason: 26(a)(1) initial disclosures should be exchanged between parties only and not filed with the Court. (hcic, ) |
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| 13 | 13
discov
Rule 26(f) Report
Tue 05/30 7:09 PM
Rule 26(f) Report by General Motors Company LLC.(Waldorf, Jon) |
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| 12 | 12
discov
Response to Discovery Request
Tue 05/30 7:00 PM
RESPONSE to Discovery Request by General Motors Company LLC.(Waldorf, Jon) |
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| Thursday, April 27, 2017 | ||
| 11 | 11
discov
Local Rule 26.01 Answers to Interrogatories
Thu 04/27 2:33 PM
Local Rule 26.01 Answers to Interrogatories by Terry A Walkup.(Hopkins, Joseph) |
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| 10 | 10
discov
Local Rule 26.01 Answers to Interrogatories
Thu 04/27 2:14 PM
Local Rule 26.01 Answers to Interrogatories by General Motors Company LLC.(Waldorf, Jon) |
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| Tuesday, April 25, 2017 | ||
| 9 | 9
order
Order
Tue 04/25 9:49 AM
TEXT ORDER: Having reviewed the parties' responses to the Court's TEXT SUA SPONTE ORDER TO SHOW CAUSE, the Court is satisfied that the amount in controversy exceeds the jurisdictional amount and it has diversity jurisdiction over this matter pursuant to 28 U.S.C. § 1332. Signed by Honorable R Bryan Harwell on 4/25/2017. (tmcb, ) |
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| 8 | 8
misc
Response to Order to Show Cause
Tue 04/25 8:43 AM
RESPONSE TO ORDER TO SHOW CAUSE by Terry A Walkup. (Hopkins, Joseph) |
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| Monday, April 24, 2017 | ||
| 7 | 7
order
Scheduling Order
Mon 04/24 1:29 PM
CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 5/15/2017, 26(a) Initial Disclosures due by 5/30/2017, Rule 26 Report due by 5/30/2017, Motions to Amend Pleadings due by 7/24/2017, Plaintiffs ID of Expert Witness due by 8/22/2017, Defendants ID of Expert Witnesses Due by 9/21/2017, Records Custodian Affidavit due by 9/21/2017, Discovery due by 11/20/2017, Motions due by 12/5/2017, Rule 26(a)(3) Disclosures due by 2/20/2018, ADR Statement due by 1/6/2018, Mediation Due by 2/5/2018. Motions in limine must be filed at least three weeks prior to 4/2/2018. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after 4/2/2018. Signed by the Honorable R. Bryan Harwell on 4/24/2017. (hcic, ) |
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| Friday, April 21, 2017 | ||
| 6 | 6
answer
Answer to Complaint
Fri 04/21 2:02 PM
ANSWER to Complaint by General Motors Company LLC.(Waldorf, Jon) |
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| Thursday, April 20, 2017 | ||
| 5 | 5
misc
Response to Order to Show Cause
Thu 04/20 2:44 PM
RESPONSE TO ORDER TO SHOW CAUSE by General Motors Company LLC.(Waldorf, Jon) |
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Att: 1
Exhibit Plaintiff's Complaint
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| Tuesday, April 18, 2017 | ||
| 3 | 3
order
Order
Tue 04/18 11:57 AM
SUA SPONTE TEXT ORDER TO SHOW CAUSE: The Defendant removed this case from state court pursuant to 28 U.S.C. §§ 1441 and 1446. Under § 1441(a), a defendant is permitted to remove a case to federal court if the court would have had original jurisdiction over the matter. District courts have original jurisdiction "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different States." 28 U.S.C. § 1332(a)(1). In the instant case, the Defendant bases federal jurisdiction upon diversity jurisdiction pursuant to § 1332. However, the Plaintiff did not specify any monetary amount of damages or clearly allege the jurisdictional amount in the Complaint, and the Defendant's notice of removal fails to allege facts adequate to establish that the amount in controversy exceeds the jurisdictional amount. Thus, the amount in controversy is unclear, and this Court may lack diversity jurisdiction. Removal statutes are strictly construed against removal, and any doubts concerning the propriety of removal must be resolved in favor of retained state court jurisdiction. Marshall v. Manville Sales Corp., 6 F.3d 229, 232 (4th Cir. 1993). In addition,"[t]he party seeking removal bears the burden of demonstrating that removal jurisdiction is proper." In Re Blackwater Security Consulting, LLC, 460 F.3d 576, 583 (4th Cir. 2006) (citation omitted). This includes establishing compliance with the removal statute requirements. See Marler v. Amoco Oil Co., 793 F. Supp. 656, 658-59 (E.D.N.C. 1992). Courts must narrowly interpret removal jurisdiction because of the significant federalism concerns that are raised by removing proceedings from state court. Id. Thus, all doubts are resolved in favor of remand. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09 (1941); see also Mulcahey v. Columbia Organic Chems. Co., Inc., 29 F.3d 148, 151 (4th Cir. 1994). THEREFORE, IT IS ORDERED that, not later than five calendar days from the filing of this Order, Defendant shall brief the Court and SHOW CAUSE why this case should not be remanded to the State court for the foregoing reasons. Plaintiff shall file a response not later than five calendar days thereafter and, in that response, include a clarification as to whether Plaintiff intended to pursue, at the time of filing the original complaint, damages in excess of the jurisdictional amount of $75,000. If Plaintiff did not intend to pursue damages adequate to satisfy the jurisdictional threshold at the time of filing and if Plaintiff stipulates to such limitation having a binding effect, the Court will remand this matter to state court. Failure to comply with this order may result in dismissal without prejudice of Plaintiff's case. Signed by Honorable R Bryan Harwell on 4/18/2017. (tmcb, ) |
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| Monday, April 17, 2017 | ||
| 1 | 1
cmp
Notice of Removal
Mon 04/17 2:12 PM
NOTICE OF REMOVAL from Florence County Court of Common Pleas, case number 2017-CP 21-00574 (filing fee $400 receipt number 0420-7104579), filed by General Motors Company LLC. (hcic, ) |
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Att: 1
State Court Documents
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