South Carolina District Court
Judge:R Bryan Harwell
Case #: 4:22-cv-02198
Nature of Suit410 Other Statutes - Antitrust
Cause15:2 Antitrust Litigation
Case Filed:Jul 11, 2022
Last checked: Saturday Aug 27, 2022 7:51 AM EDT
Defendant
North Myrtle Beach, City of
Represented By
Michael Antonio Parente
Nexsen Pruet (cola)
contact info
Kirsten Elena Small
Nexsen Pruet Llc (gvl)
contact info
Elbert Stockman Dorn
Nexsen Pruet (mb)
contact info
Marguerite S Willis
Nexsen Pruet (cola)
contact info
Plaintiff
Derek Calhoun
Represented By
Kenneth Ray Moss, Jr
Wright Worley Pope Ekster And Moss
contact info
Robert E Lee
Robert E Lee Law Office
contact info
George N Spirakis
Spirakis And Haar
contact info
Plaintiff
Cherry Grove Beach Gear LLC
Represented By
Kenneth Ray Moss, Jr
Wright Worley Pope Ekster And Moss
contact info
Robert E Lee
Robert E Lee Law Office
contact info
George N Spirakis
Spirakis And Haar
contact info
Plaintiff
Jacqueline Calhoun
Represented By
Kenneth Ray Moss, Jr
Wright Worley Pope Ekster And Moss
contact info
Robert E Lee
Robert E Lee Law Office
contact info
George N Spirakis
Spirakis And Haar
contact info

Docket last updated: 7 hours ago
Wednesday, September 21, 2022
28 28 misc Transcript Wed 09/21 1:40 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Motion for Preliminary Injunction held on August 31, 2022, before Judge R. Bryan Harwell. Court Reporter/Transcriber Beth A. Krupa, RMR, CRR, Telephone number/E-mail beth_krupa@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 10/12/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/20/2022. (bkru, )
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Monday, September 12, 2022
order Order on Motion for Extension of Time to File Response/Reply Mon 09/12 11:57 AM
TEXT ORDER granting Plaintiffs' 25 Motion for Extension of Time: Plaintiffs have filed a motion seeking approximately 30 additional days to respond to Defendant's motion to dismiss. ECF No. 25 . Defendant acknowledges Plaintiffs' motion (filed one day after the deadline to respond expired) satisfies the "excusable neglect" standard of Fed. R. Civ. P. 6(b)(1)(B), see Pioneer Inv. Servs. Co. v. Brunswick Assocs. Ltd. P'ship, 507 U.S. 380, 395 (1993) (factors for determining excusable neglect), but Defendant asserts 30 days is an unreasonably lengthy extension. ECF No. 26 . Given the circumstances described in Attorney Moss's motion and affidavit, the Court finds good cause for a 30-day extension. The Court notes that Defendant filed its motion to dismiss less than a month ago and that it is a mine-run Rule 12(b)(6) motion. Accordingly, the Court in its discretion GRANTS Plaintiffs' 25 Motion for Extension of Time. Plaintiffs' response to Defendant's 21 motion to dismiss is now due by October 9, 2022. Signed by Chief Judge R. Bryan Harwell on 9/12/2022.(eney, )
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Sunday, September 11, 2022
26 26 respm Response to Motion Do not use if support or object to motion Sun 09/11 2:26 PM
RESPONSE to Motion re25 First MOTION for Extension of Time to File Response/Reply as to21 MOTION to Dismiss and Memorandum in Support Response filed by North Myrtle Beach, City of.Reply to Response to Motion due by 9/19/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Dorn, Elbert)
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Att: 1 Exhibit Moss email to Dorn,
Att: 2 Exhibit Motion for Continuance,
Att: 3 Exhibit Order of Protection,
Att: 4 Exhibit Lee email to Court,
Att: 5 Exhibit Dorn email to Moss,
Att: 6 Exhibit Facebook Posts
Friday, September 09, 2022
25 25 motion Extension of Time to File Response/Reply Fri 09/09 3:38 PM
First MOTION for Extension of Time to File Response/Reply as to21 MOTION to Dismiss and Memorandum in Support by Derek Calhoun, Jacqueline Calhoun, Cherry Grove Beach Gear LLC. Response to Motion due by 9/23/2022. 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.(Moss, Kenneth)
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Att: 1 Affidavit of Plaintiff's counsel
Friday, September 02, 2022
24 24 22 pgs order Order on Motion for Preliminary Injunction Fri 09/02 12:51 PM
ORDER denying 5 Motion for Preliminary Injunction. Signed by Chief Judge R Bryan Harwell on 9/2/2022.(hcic, )
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Wednesday, August 31, 2022
minutes Motion Hearing Order on Motion for Preliminary Injunction Wed 08/31 12:05 PM
Minute Entry for proceedings held before Chief Judge R Bryan Harwell: Motion Hearing held on 8/31/2022 re 5 First Motion for Preliminary Injunction. Kenneth Moss present with plaintiff Derek Calhoun; Elbert Dorn and Marguerite Willis present for defendant. 5 Motion for Preliminary Injunction taken under advisement. Court Reporter: Beth Krupa. (hcic, )
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Friday, August 26, 2022
notice Notice of Hearing on Motion Fri 08/26 9:38 AM
NOTICE of Hearing on Motion5 First MOTION for Preliminary Injunction: Motion Hearing set for 8/31/2022 at 10:00 AM in Florence #2, McMillan Federal Bldg, 401 W Evans St, Florence before Chief Judge R Bryan Harwell. (hcic, )
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Thursday, August 25, 2022
21 21 motion Dismiss Thu 08/25 3:48 PM
MOTION to Dismiss and Memorandum in Support by North Myrtle Beach, City of. Response to Motion due by 9/8/2022. 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.(Dorn, Elbert)
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Att: 1 Memo in Support
Friday, August 12, 2022
20 20 respm Reply to Response to Motion Fri 08/12 3:14 PM
REPLY to Response to Motion re5 First MOTION for Preliminary Injunction Response filed by Derek Calhoun, Jacqueline Calhoun, Cherry Grove Beach Gear LLC. (Moss, Kenneth)
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Friday, August 05, 2022
19 19 respm Response in Opposition to Motion Fri 08/05 12:43 PM
RESPONSE in Opposition re5 First MOTION for Preliminary Injunction Response filed by North Myrtle Beach, City of.Reply to Response to Motion due by 8/12/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Dorn, Elbert)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit 1 - Affidavit of Munro Reed,
Att: 3 Exhibit 2 - Affidavit of Graham Faris,
Att: 4 Exhibit 3 - Affidavit of Jamie Baker,
Att: 5 Exhibit 4 - Affidavit of Sarah C. Wood,
Att: 6 Exhibit 5 - Agenda, Special Called City Council Mtg., 6 22-2022
Att: 7 Exhibit 6 - Minutes, Special Called City Council Mtg., 6 22-2022
Att: 8 Exhibit 7 - Agenda, Special Called City Council Mtg., 6 29-2022
Att: 9 Exhibit 8 - Minutes, Special Called City Council Mtg., 6 29-2022
Att: 10 Exhibit 9 - Agenda Item 6G, City Council Mtg., 7 18-2022
Att: 11 Exhibit 10- Citation for Violation of Code 5-14, 7 1-2022
Att: 12 Exhibit 11 - CGBG Facebook Posts
18 18 discov Local Rule 26.01 Answers to Interrogatories Fri 08/05 12:35 PM
Local Rule 26.01 Answers to Interrogatories by North Myrtle Beach, City of.(Dorn, Elbert)
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Thursday, July 21, 2022
17 17 notice Notice of Appearance Thu 07/21 12:50 PM
NOTICE of Appearance by Michael Antonio Parente on behalf of North Myrtle Beach, City of (Parente, Michael)
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16 16 notice Notice of Appearance Thu 07/21 12:37 PM
NOTICE of Appearance by Kirsten Elena Small on behalf of North Myrtle Beach, City of (Small, Kirsten)
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15 15 notice Notice of Appearance Thu 07/21 11:52 AM
NOTICE of Appearance by Marguerite S Willis on behalf of North Myrtle Beach, City of (Willis, Marguerite)
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Wednesday, July 20, 2022
misc Entry Deletion Wed 07/20 9:06 AM
DELETION OF DOCKET ENTRY NUMBERS 7 and 8. Reason: Documents were not signed by the filing attorney, Mr. Moss. The documents were refiled by defense counsel as10 and11 . (hcic, )
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order Order on Motion for Extension of Time Wed 07/20 11:08 AM
TEXT ORDER granting 12 Consent Motion for Extension of Time for Defendants to respond to Plaintiffs' motion for preliminary injunction. Defendants' response now due August 5, 2022. Signed by Chief Judge R Bryan Harwell on 7/20/2022.(tmcb, )
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Tuesday, July 19, 2022
12 12 motion Extension of Time Tue 07/19 7:32 PM
Consent MOTION for Extension of Time to Respond to Plaintiff's Motion for Preliminary Injunction by North Myrtle Beach, City of. 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.(Dorn, Elbert)
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11 11 misc Letter Extending Time to Answer Tue 07/19 3:35 PM
LETTER EXTENDING TIME TO ANSWER. (Dorn, Elbert)
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10 10 service Acceptance of Service - Complaint Served Tue 07/19 3:34 PM
ACCEPTANCE OF SERVICE OF COMPLAINT by North Myrtle Beach, City of. North Myrtle Beach, City of served on 7/15/2022, answer due 8/5/2022. (Dorn, Elbert)
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9 9 notice Notice of Appearance Tue 07/19 3:32 PM
NOTICE of Appearance by Elbert Stockman Dorn on behalf of North Myrtle Beach, City of (Dorn, Elbert)
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Friday, July 15, 2022
8 8 misc Stipulation Fri 07/15 5:53 PM
STIPULATION re7 Acceptance of Service of Complaint and extension of time during which to respond by Derek Calhoun, Jacquiline Calhoun, Cherry Grove Beach Gear LLC. (Moss, Kenneth)
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7 7 service Acceptance of Service - Complaint Served Fri 07/15 5:49 PM
ACCEPTANCE OF SERVICE OF COMPLAINT by Cherry Grove Beach Gear LLC, Derek Calhoun, Jacquiline Calhoun. All Plaintiffs. (Moss, Kenneth)
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Thursday, July 14, 2022
6 6 service Summons Issued Thu 07/14 11:42 AM
Summons Issued as to North Myrtle Beach, City of. Service due by 10/12/2022. (hcic, )
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Wednesday, July 13, 2022
5 5 motion Preliminary Injunction Wed 07/13 3:30 PM
First MOTION for Preliminary Injunction by Derek Calhoun, Jacquiline Calhoun, Cherry Grove Beach Gear LLC. Response to Motion due by 7/27/2022. 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.(Moss, Kenneth) Modified on 7/13/2022 to add descriptive name to exhibit (hcic, )
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Att: 1 Exhibit-Letter of the North Myrtle Beach City Attorney dated July 11, 2022
Monday, July 11, 2022
3 3 discov Local Rule 26.01 Answers to Interrogatories Tue 07/12 8:45 AM
Local Rule 26.01 Answers to Interrogatories by Derek Calhoun, Jacquiline Calhoun, Cherry Grove Beach Gear LLC.(hcic, )
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1 1 cmp Complaint Tue 07/12 8:44 AM
COMPLAINT against North Myrtle Beach, City of (filing fee $402 receipt number ASCDC-10584365), filed by Cherry Grove Beach Gear LLC, Derek Calhoun, Jacquiline Calhoun. (hcic, )
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