Garcia Espinoza v. Huntsman Tree Supplier Inc et al
| South Carolina District Court | |
| Judge: | Richard M Gergel |
| Case #: | 9:22-cv-01744 |
| Nature of Suit | 350 Torts - Personal Injury - Motor Vehicle |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jun 03, 2022 |
| Terminated: | Aug 11, 2022 |
| Case in other court: | Jasper County Court of Common Pleas, 2020-CP-27-00117 |
| Last checked: Wednesday Nov 30, 2022 3:41 AM EST |
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Defendant
Huntsman Tree Supplier Inc
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Represented By
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Defendant
Jack Peck
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Represented By
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Plaintiff
Victor Manuel Garcia Espinoza
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Represented By
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| Docket last updated: 05/05/2025 11:59 PM EDT |
| Friday, August 12, 2022 | ||
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misc
Document E-Mailed
Fri 08/12 10:26 AM
***DOCUMENT E-MAILED31 certified filed Order on Motion to Remand, to Clerk of Court, Jasper County Court of Common Pleas. Clerk's Notice: Attorneys are responsible for supplementing the State Record with all documents filed in Federal Court. (sshe, ) |
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| Thursday, August 11, 2022 | ||
| 31 | 31
7
pgs
order
Order on Motion to Remand
Thu 08/11 9:30 AM
ORDER and OPINION: The Court GRANTS Plaintiff's Motion to Remand (Dkt. No. 18). This case is REMANDED to the Charleston County Court of Common Pleas. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/11/22.(ltap, ) |
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order
Order on Motion to Dismiss Order on Motion to Dismiss for Failure to State a Claim
Thu 08/11 9:33 AM
TEXT ORDER finding as moot 27 Motion to Dismiss; finding as moot 29 Motion to Dismiss for Failure to State a Claim. Case remanded per 31 . Entered at the direction of the Honorable Richard M Gergel on 8/11/22.(ltap, ) |
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| Wednesday, August 03, 2022 | ||
| 30 | 30
answer
Answer to Amended Complaint
Wed 08/03 5:34 PM
Defendant Jack Peck's ANSWER to25 Amended Complaint by Jack Peck.(Crain, Adam) |
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| Tuesday, August 02, 2022 | ||
| 29 | 29
motion
Dismiss for Failure to State a Claim
Tue 08/02 5:39 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM RE: Plaintiff's Second Amended Complaint by Jack Peck. Response to Motion due by 8/16/2022. 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.(Crain, Adam) |
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| Monday, August 01, 2022 | ||
| 27 | 27
motion
Dismiss
Mon 08/01 11:30 AM
MOTION to Dismiss Plaintiffs Second Amd Complaint by Huntsman Tree Supplier Inc. Response to Motion due by 8/15/2022. 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.(Boineau, Robert) Modified on 8/1/2022 to add descriptions to exhibits(sshe, ) |
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Att: 1
Exhibit A original complaint,
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Att: 2
Exhibit B memo in support of Green Goods MSJ,
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Att: 3
Exhibit C Consent Order to Amend Complaint,
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Att: 4
Exhibit D First Amended Complaint,
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Att: 5
Exhibit E Second Amended Complaint
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order
Order on Motion to Dismiss
Mon 08/01 2:18 PM
ORDER: Defendants 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 defects or respond in opposition. (Dkt. No. 12). Plaintiff has filed an amended complaint. (Dkt. No. 25). Therefore, Defendant's motion to dismiss the complaint is DENIED WITHOUT PREJUDICE as MOOT. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 8/1/22.(ltap, ) |
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| Thursday, July 21, 2022 | ||
| 26 | 26
respm
Response in Support of Motion
Thu 07/21 12:19 PM
RESPONSE in Support re18 MOTION to Remand Response filed by Victor Manuel Garcia Espinoza. (Cope, Lee) |
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| Wednesday, July 20, 2022 | ||
| 25 | 25
cmp
Amended Complaint
Wed 07/20 5:10 PM
AMENDED COMPLAINT against Huntsman Tree Supplier Inc, Jack Peck, filed by Victor Manuel Garcia Espinoza. Service due by 10/18/2022 (Cope, Lee) |
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| Tuesday, July 19, 2022 | ||
| 22 | 22
motion
Stay
Tue 07/19 9:57 AM
Joint MOTION to Stay re6 Scheduling Order,,, by Victor Manuel Garcia Espinoza. Response to Motion due by 8/2/2022. 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.(Cope, Lee) |
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order
Order on Motion to Stay
Tue 07/19 11:08 AM
TEXT ORDER: The parties filed a Joint Motion to Stay All Deadlines 22 pending the Court's decision on Plaintiff's Motion to Remand 18 . The Joint Motion to Stay is GRANTED. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/19/22.(ltap, ) |
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| Thursday, July 14, 2022 | ||
| 21 | 21
respm
Response in Opposition to Motion
Thu 07/14 9:41 PM
RESPONSE in Opposition re18 MOTION to Remand Response filed by Jack Peck.Reply to Response to Motion due by 7/21/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Crain, Adam) |
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Att: 1
Exhibit Green Goods MSJ
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| 20 | 20
respm
Response in Opposition to Motion
Thu 07/14 9:25 PM
RESPONSE in Opposition re18 MOTION to Remand Response filed by Huntsman Tree Supplier Inc.Reply to Response to Motion due by 7/21/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Trask, Michael) |
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Att: 1
Exhibit Original Complaint,
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Att: 2
Exhibit Green Goods Answer,
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Att: 3
Exhibit Green Goods Motion for Summary Judgment,
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Att: 4
Exhibit Memo in Support of Summary Judgment,
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Att: 5
Exhibit 40(j) Order,
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Att: 6
Exhibit Plaintiff's Motion to Restore Case,
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Att: 7
Exhibit Order Restoring Case,
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Att: 8
Exhibit Amended Complaint,
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Att: 9
Exhibit Stipulation of Dismissal
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| Monday, July 11, 2022 | ||
| 19 | 19
discov
Local Rule 26.01 Answers to Interrogatories
Mon 07/11 8:24 AM
Local Rule 26.01 Answers to Interrogatories by Huntsman Tree Supplier Inc.(Boineau, Robert) |
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| Thursday, June 30, 2022 | ||
| 18 | 18
motion
Remand
Thu 06/30 4:15 PM
MOTION to Remand by Victor Manuel Garcia Espinoza. Response to Motion due by 7/14/2022. 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.(Cope, Lee) |
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Att: 1
Memo in Support,
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Att: 2
Exhibit 1 - Complaint,
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Att: 3
Exhibit 2 - Answer,
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Att: 4
Exhibit 3 - Amended Complaint,
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Att: 5
Exhibit 4 - Stipulation of Dismissal,
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Att: 6
Exhibit 5 - Unpublished Opinions,
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Att: 7
Exhibit 6 - Certificate of Service
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| Friday, June 24, 2022 | ||
| 17 | 17
notice
Notice of Appearance
Fri 06/24 1:09 PM
NOTICE of Appearance by John Elliott Parker, Jr on behalf of Victor Manuel Garcia Espinoza (Parker, John) |
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| Thursday, June 23, 2022 | ||
| 14 | 14
motion
Extension of Time to File Response/Reply
Thu 06/23 11:55 AM
MOTION for Extension of Time to File Response/Reply as to12 Order, by Victor Manuel Garcia Espinoza. Response to Motion due by 7/7/2022. 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.(Cope, Lee) |
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| 13 | 13
notice
Notice of Request for Protection from Court Appearance
Thu 06/23 11:53 AM
NOTICE of Request for Protection from Court Appearance by Lee D Cope for 06/24/22 - 07/11/22 (Cope, Lee) |
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| 12 | 12
2
pgs
order
Order
Thu 06/23 9:37 AM
ORDER REGARDING DEFENDANT'S MOTION TO DISMISS (Dkt. No. 10 ). Plaintiff is DIRECTED to file either an amended complaint or a response to the instant motion on or before 10 days from date this order is issued. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/23/22. (sshe, ) |
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order
Order
Thu 06/23 12:06 PM
TEXT ORDER re 13 Notice of Request for Protection from Court Appearance filed by Victor Manuel Garcia Espinoza. Counsel should please know the protection request is duly noted and take under advisement. Entered at the Direction of Honorable Richard M Gergel on 6/23/22. (sshe, ) |
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order
Order on Motion for Extension of Time to File Response/Reply
Thu 06/23 10:15 PM
TEXT ORDER: For good cause shown, Plaintiff's motion for an extension of time to respond to the defendants' motion to dismiss until 7/21/22 (Dkt. No. 14) is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 6/23/22.(ltap, ) |
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| Wednesday, June 22, 2022 | ||
| 11 | 11
misc
Consent to Removal from State Court
Wed 06/22 4:03 PM
CONSENT TO REMOVAL FROM STATE COURT by Huntsman Tree Supplier Inc. (Trask, Michael) |
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| 10 | 10
motion
Dismiss
Wed 06/22 3:55 PM
MOTION to Dismiss by Huntsman Tree Supplier Inc. 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.(Trask, Michael) |
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Att: 1
Exhibit,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit
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| 9 | 9
notice
Notice of Appearance
Wed 06/22 3:07 PM
NOTICE of Appearance by Michael McCrea Trask on behalf of Huntsman Tree Supplier Inc (Trask, Michael) |
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| 8 | 8
notice
Notice of Appearance
Wed 06/22 3:05 PM
NOTICE of Appearance by Robert Trippett Boineau, III on behalf of Huntsman Tree Supplier Inc (Boineau, Robert) |
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| Wednesday, June 15, 2022 | ||
| 7 | 7
discov
Local Rule 26.01 Answers to Interrogatories
Wed 06/15 3:10 PM
Local Rule 26.01 Answers to Interrogatories by Victor Manuel Garcia Espinoza.(Cope, Lee) |
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| Tuesday, June 14, 2022 | ||
| 6 | 6
order
Scheduling Order
Tue 06/14 12:34 PM
CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 7/5/2022, 26(a) Initial Disclosures due by 7/19/2022, Rule 26 Report due by 7/19/2022, Motions to Amend Pleadings due by 9/12/2022, Plaintiffs ID of Expert Witness due by 10/12/2022, Defendants ID of Expert Witnesses Due by 11/14/2022, Records Custodian Affidavit due by 11/21/2022, Discovery due by 12/12/2022, Motion in Limine must be filed no sooner than fifteen (15) days and no later than ten (10) days prior to the date certain set for jury selection and trial, Motions due by 12/27/2022, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to the date set for jury selection, Case ready for jury selection and/or trial on or after 5/1/2023 Signed by Honorable Richard M Gergel on 6/14/22. (sshe, ) |
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| Monday, June 06, 2022 | ||
| 5 | 5
notice
Notice and Acknowledgment of Removal
Mon 06/06 3:19 PM
NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Jasper County.(Barrow, Mark) |
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Att: 1
Supporting Documents
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| Friday, June 03, 2022 | ||
| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Fri 06/03 4:17 PM
Local Rule 26.01 Answers to Interrogatories by Jack Peck.(sshe, ) |
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| 2 | 2
respoth
Answer to Complaint Notice of Removal
Fri 06/03 4:17 PM
ANSWER to Complaint (Notice of Removal) by Jack Peck. (sshe, ) |
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| 1 | 1
cmp
Notice of Removal
Fri 06/03 4:16 PM
NOTICE OF REMOVAL from Jasper County Court of Common Pleas, case number 2020-CP 27-00117 (Filing fee $ 402 receipt number ASCDC-10524197), filed by Jack Peck.(sshe, ) |
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Att: 1
State Court Documents
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