Moore v. Fomby
| South Carolina District Court | |
| Judge: | Sherri A Lydon |
| Case #: | 3:22-cv-01273 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1441 Notice of Removal-Tort/Motor Vehicle (P.I.) |
| Case Filed: | Apr 19, 2022 |
| Terminated: | Jan 11, 2023 |
| Last checked: Sunday Oct 16, 2022 4:21 AM EDT |
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Carrier
Liberty Mutual Insurance Company
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Represented By
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Defendant
Jahmaine Martez Fomby
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Represented By
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Plaintiff
Lucas A. Moore
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Represented By
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| Docket last updated: 2 hours ago |
| Wednesday, January 11, 2023 | ||
| 17 | 17
misc
Document E-Mailed
Wed 01/11 9:50 AM
***DOCUMENT E-MAILED16 Order on Motion to Remand to State Court, to Jeanette W. McBride, Richland County Clerk of Court (ahil) |
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| 16 | 16
5
pgs
order
Order on Motion to Remand to State Court
Wed 01/11 9:26 AM
OPINION AND ORDER granting 7 Motion to Remand to State Court. This case was improperly removed, and the matter is REMANDED to the state court. IT IS SO ORDERED. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. Signed by the Honorable Sherri A. Lydon on January 11, 2023.(ahil) |
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misc
Document Mailed
Wed 01/11 9:52 AM
***DOCUMENT MAILED16 Order on Motion to Remand to State Court, placed in U.S. Mail from Columbia Clerks Office to Jeanette W. McBride Richland County Clerk of Court PO Box 2766 Columbia, SC 29202-2766. (ahil) |
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| Thursday, July 07, 2022 | ||
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order
Order on Motion to Stay
Thu 07/07 11:39 AM
TEXT ORDER granting 13 Consent Motion to Stay Pending Deadlines Subject to Plaintiff's Motion to Remand. In the Consent Motion [ECF No. 13], the parties assert staying all pending deadlines aside from those related to Plaintiff's Amended Motion for Remand (ECF No. 7) will serve the interest of judicial economy because if the Court decides it does not have jurisdiction, the scheduling order will be moot as the case will be remanded to the state court. (ECF No. 13.) Local Civil Rule 16.00(C) (D.S.C.) allows the Court to stay proceedings pending resolution of a motion to remand. Local Civ. R. 16.00(C) (D.S.C.) ("The court may stay entry of the scheduling order(s) and all federal and local civil rule disclosure and conference requirements pending resolution of a motion to remand or to dismiss or other dispositive motion."). Further, the Court finds staying this action pending its decision on Plaintiff's Amended Motion for Remand (ECF No. 7) will serve interests of judicial economy and will conserve the respective parties' and their counsel's time and resources. See Air Line Pilots Ass'n v. Miller, 523 U.S. 866, 879 n.6 (1998) ("[T]he power to stay proceedings is incidental to the power in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.") (quoting Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936)); United States v. Ga. Pac. Corp., 562 F.2d 294, 296 (4th Cir. 1977) (stating whether a federal district court should grant or deny a motion to stay "calls for an exercise of judgment to balance the various factors relevant to the expeditious and comprehensive disposition of the causes of action on the courts docket.") (citing Landis, 299 U.S. at 254). Accordingly, the Consent Motion to Stay Pending Deadlines Subject to Plaintiff's Motion to Remand [ECF No. 13] is granted. Entered at the direction of the Honorable Sherri A. Lydon on July 7, 2022.(ahil) |
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| Wednesday, June 22, 2022 | ||
| 13 | 13
motion
Stay
Wed 06/22 9:03 AM
Consent MOTION to Stay re12 Scheduling Order, by Lucas A. Moore. Response to Motion due by 7/6/2022. 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. No proposed order.(Goings, Robert) (Main Document 13 replaced on 6/22/2022) (ahil) |
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| Tuesday, June 21, 2022 | ||
| 12 | 12
order
Scheduling Order
Tue 06/21 2:24 PM
CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 7/11/2022, Rule 26 Report due by 7/25/2022, Motions to Amend Pleadings due by 9/6/2022, Plaintiff's ID of Expert Witness due by 9/29/2022, Defendants' ID of Expert Witnesses Due by 10/31/2022, Records Custodian Affidavit due by 11/18/2022, Discovery due by 12/19/2022, Motion in Limine due by 2/16/2023, Motions due by 1/3/2023, Rule 26(a)(3) Disclosures due by 2/27/2023, Jury Selection Deadline 4/6/2023, Mediation Due by 1/17/2023, Signed by the Honorable Sherri A. Lydon on June 21, 2022. (ahil) |
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| Monday, May 23, 2022 | ||
| 10 | 10
respm
Reply to Response to Motion
Mon 05/23 11:20 AM
REPLY to Response to Motion re7 Amended MOTION to Remand to State Court Response filed by Lucas A. Moore.(Goings, Robert) |
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Att: 1
Exhibit Exhibit 1 - Affidavit of Service
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| Monday, May 16, 2022 | ||
| 9 | 9
respm
Response in Opposition to Motion
Mon 05/16 8:39 PM
RESPONSE in Opposition re7 Amended MOTION to Remand to State Court Response filed by Liberty Mutual Insurance Company.Reply to Response to Motion due by 5/23/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Bozeman, Virginia) |
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| Monday, May 02, 2022 | ||
| 7 | 7
motion
Remand to State Court
Mon 05/02 4:31 PM
Amended MOTION to Remand to State Court by Lucas A. Moore. Response to Motion due by 5/16/2022. 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.No proposed order.(Goings, Robert) |
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Att: 1
Exhibit A - Plaintiff's 8.9.21 Demand,
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Att: 2
Exhibit B - Past Medical Expenses Summary,
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Att: 3
Exhibit C - 8.9.21 Email to Liberty Mutual with Demand,
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Att: 4
Exhibit D - Electronic Transfer Download Info
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| Thursday, April 28, 2022 | ||
| 6 | 6
notice
Notice and Acknowledgment of Removal
Thu 04/28 3:14 PM
NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Richland County.(Bozeman, Virginia) |
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Att: 1
Exhibit A - Acknowledgment of Removal
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| Thursday, April 21, 2022 | ||
| 5 | 5
motion
Remand to State Court
Thu 04/21 5:43 PM
MOTION to Remand to State Court by Lucas A. Moore. Response to Motion due by 5/5/2022. 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.No proposed order.(Goings, Robert) |
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Att: 1
Exhibit A-Plaintiff's demand letter,
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Att: 2
Exhibit B-Plaintiff's Past Medical Expenses Summary,
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Att: 3
Exhibit C-8.9.21 Email to Liberty Mutual,
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Att: 4
Exhibit D-electronic transfer confirmation
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| Wednesday, April 20, 2022 | ||
| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Wed 04/20 12:11 PM
Local Rule 26.01 Answers to Interrogatories by Jahmaine Martez Fomby.(ahil) |
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| Tuesday, April 19, 2022 | ||
| 1 | 1
cmp
Notice of Removal
Wed 04/20 12:04 PM
NOTICE OF REMOVAL from Richland County Clerk of Court, case number 2021-CP 40-5044 (Filing fee $ 402 receipt number ASCDC-10450939), filed by Jahmaine Martez Fomby.(ahil) |
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Att: 1
Exhibit 1 Plaintiff's Answers to Interrogatories and Requests for Production to Liberty Mutual Insurance Company, UM Carrier,
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Att: 2
Exhibit 2 Lucas Moore Past Medical Expenses,
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Att: 3
State Court Documents Richland County Common Pleas; 2021-cp-40-05044
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