Smith v. Dorchester Water and Sewer Department et al

South Carolina District Court
Judge:	David C Norton
Referred:	Molly H Cherry
Case #:	2:23-cv-03572
Nature of Suit	360 Torts - Personal Injury - Other Personal Injury
Cause	28:1331 Fed. Question: Personal Injury

Case Filed:	Jul 25, 2023
Terminated:	Jul 18, 2024

Docket
Parties (16)

Last checked: Sunday Jan 21, 2024 4:05 AM EST

Defendant Larry S. Hagett Suite 2 500 N. Main St. Summerville, SC 29483	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Jason Ward 201 Johnston Street St. George, SC 29477	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Rita May Ranck Suite 2 500 N. Main Street Summerville, SC 29483	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant David T. Prentice 201 Johnston Street St. George, SC 29477	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Tracey L. Langley 500 N. Main St. Summerville, SC 29483	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Harriet A. Holman Suite 2 500 N. Main Street Summerville, SC 29483	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant William R. Hearn, Jr. 1712 Congressional Blvd. Summerville, SC 29483	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Bryan T. Havir 201 Johnston Street St. George, SC 29477	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Todd Friddle Chairman Sutie 2 500 N. Main Street Summerville, SC 29483	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Dorchester Water and Sewer Department	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Dorchester County South Carolina	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Edward Ivy Crosby, Jr. Suite 2 500 N. Main Street Summerville, SC 29483	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant David Chinnis Vice Chairman 137 Boone Drive Summerville, SC 29485	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant Principal Julie Fralix Byars 201 Johnston St. St. George, SC 29477	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Defendant James Lex Byars Suite 2 500 N. Main Street Summerville, SC 29483	Represented By Phillip Ferderigos Barnwell Whaley Patterson And Helms (cha) contact info
Plaintiff Cynthia Louise Smith Ste 6 #194 1605 Central Avenue Summerville, SC 29483

Docket last updated: 05/26/2025 11:59 PM EDT

Thursday, July 18, 2024
43		43 misc Document Mailed Thu 07/18 9:21 AM ***DOCUMENT MAILED41 Order on Report and Recommendation,42 Judgment placed in U.S. Mail from Charleston Clerks Office to ynthia Louise Smith Ste 6 #194 1605 Central Avenue Summerville, SC 29483 (hcor, ) Related: [-]
42		42 misc Judgment Thu 07/18 9:20 AM JUDGMENT : Plaintiff, Cynthia Louise Smith, shall take nothing of Defendants, as to the complaint filed pursuant to 28 U.S.C. � 1331 and this action is dismissed without prejudice. (hcor, ) Related: [-]
Wednesday, July 17, 2024
41		41 3 pgs order Order on Report and Recommendation Order on Motion for Summary Judgment Order on Motion to Dismiss Order on Motion for Default Judgment Order on Motion to Dismiss/Lack of Jurisdiction Wed 07/17 4:45 PM ORDER affirming 30 Report and Recommendation; denying 4 Motion for Summary Judgment; denying 8 Motion to Dismiss; denying 15 Motion to Dismiss; denying 23 Motion for Default Judgment; denying 24 Motion to Dismiss for Lack of Jurisdiction. Signed by Honorable David C Norton on 7/17/2024.(eric, ) Related: [-]
Thursday, July 11, 2024
40		40 respm Response in Opposition to Motion Thu 07/11 2:20 PM RESPONSE in Opposition re33 MOTION for Extension of Time to File Response/Reply as to30 REPORT AND RECOMMENDATION re1 Complaint, filed by Cynthia Louise Smith Response filed by Dorchester Water and Sewer Department.Reply to Response to Motion due by 7/18/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ferderigos, Phillip) Related: [-]
Tuesday, July 09, 2024
39		39 respm Reply to Response to Motion Tue 07/09 4:29 PM REPLY to Response to Motion re33 MOTION for Extension of Time to File Response/Reply as to30 REPORT AND RECOMMENDATION re1 Complaint, filed by Cynthia Louise Smith Response filed by Dorchester Water and Sewer Department. (Ferderigos, Phillip) Related: [-]
Monday, July 08, 2024
38		38 respoth Objection to Report and Recommendation Mon 07/08 4:02 PM OBJECTION to30 Report and Recommendation by Cynthia Louise Smith. Reply to Objections due by 7/22/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (agaz, ) Related: [-]
		Att: 1 Supporting Documents
Tuesday, July 02, 2024
37		37 notice Notice Other Wed 07/03 10:29 AM NOTICE filed by Cynthia Louise Smith. (agaz, ) Related: [-]
		Att: 1 Supporting Documents
Thursday, June 27, 2024
36		36 respoth Objection to Report and Recommendation Fri 06/28 3:22 PM OBJECTION to30 Report and Recommendation by Cynthia Louise Smith. Reply to Objections due by 7/11/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (agaz, ) Related: [-]
		Att: 1 Supporting Documents
Monday, June 24, 2024
35		35 1 pgs order Order on Motion for Extension of Time to File Response/Reply Mon 06/24 2:18 PM ORDER granting 33 Motion for Extension of Time to File Objections as to 30 REPORT AND RECOMMENDATION. Objections shall be filed not later than July 8, 2024. Signed by Honorable David C Norton on 06/24/2024.(hcor, ) Related: [-]
Wednesday, June 19, 2024
34		34 respm Response in Opposition to Motion Wed 06/19 11:54 AM RESPONSE in Opposition re33 MOTION for Extension of Time to File Response/Reply as to30 REPORT AND RECOMMENDATION re1 Complaint, filed by Cynthia Louise Smith Response filed by Dorchester County South Carolina.Reply to Response to Motion due by 6/26/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ferderigos, Phillip) Related: [-]
Friday, June 14, 2024
33		33 motion Extension of Time to File Response/Reply Fri 06/14 11:08 AM MOTION for Extension of Time to File Response/Reply as to30 REPORT AND RECOMMENDATION re1 Complaint, filed by Cynthia Louise Smith by Cynthia Louise Smith. Response to Motion due by 6/28/2024. 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.(agaz, ) Related: [-]
		Att: 1 Copy of Report and Recommendation
Tuesday, May 21, 2024
31		31 misc Document Mailed Tue 05/21 3:56 PM ***DOCUMENT MAILED30 REPORT AND RECOMMENDATION re1 Complaint, filed by Cynthia Louise Smith placed in U.S. Mail from Charleston Clerk' Office to Cynthia Louise Smith Ste 6 #194 1605 Central Avenue Summerville, SC 29483. (dgar) Related: [-]
30		30 motion Report and Recommendation Tue 05/21 3:54 PM REPORT AND RECOMMENDATION:- It is RECOMMENDED that this action be dismissed without prejudice, without issuance and service of process, and without leave to amend. It is also RECOMMENDED that Plaintiff's Motion for Summary Judgment (ECF No. 4) be DENIED, Plaintiff's Motion for Default Judgment (ECF No. 23) be DENIED, Defendants' Motion to Dismiss the Complaint (ECF No. 8) be DENIED, Defendant' Motion to Dismiss the Amended Complaint (ECF No. 15) be DENIED; and Defendants' Motion to Dismiss the Second Amended Complaint (ECF No. 24) be DENIED without prejudice. Objections to R&R due by 6/4/2024. 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. Signed by Magistrate Judge Molly H Cherry on 5/21/2024. (dgar) Related: [-]
Friday, February 16, 2024
29		29 misc Reply Not to a Motion Fri 02/16 1:20 PM REPLY by Cynthia Louise Smith to28 Reply to Response to Motion. (agaz, ) Related: [-]
		Att: 1 Certificate of Service
Friday, January 26, 2024
28		28 respm Reply to Response to Motion Fri 01/26 1:47 PM REPLY to Response to Motion re23 MOTION for Default Judgment as to Cynthia Louise Smith Response filed by Dorchester County South Carolina. (Ferderigos, Phillip) Related: [-]
Thursday, January 04, 2024
27		27 respm Response in Opposition to Motion Thu 01/04 11:33 AM RESPONSE in Opposition re23 MOTION for Default Judgment as to Cynthia Louise Smith Response filed by Dorchester Water and Sewer Department.Reply to Response to Motion due by 1/11/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ferderigos, Phillip) Related: [-]
Wednesday, January 03, 2024
26		26 respm Response in Opposition to Motion Wed 01/03 2:01 PM RESPONSE in Opposition re23 MOTION for Default Judgment as to Cynthia Louise Smith,24 MOTION to Dismiss for Lack of Jurisdiction Response filed by Cynthia Louise Smith.Reply to Response to Motion due by 1/10/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(agaz, ) Related: [-]
		Att: 1 Certificate of Service,
		Att: 2 Envelope
Monday, December 18, 2023
25		25 respm Response in Opposition to Motion Mon 12/18 12:53 PM RESPONSE in Opposition re23 MOTION for Default Judgment as to Cynthia Louise Smith [All] Defendants' Response filed by Dorchester County South Carolina.Reply to Response to Motion due by 12/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ferderigos, Phillip) Related: [-]
Friday, December 15, 2023
24		24 motion Dismiss/Lack of Jurisdiction Fri 12/15 11:30 AM MOTION to Dismiss for Lack of Jurisdiction by Dorchester Water and Sewer Department. Response to Motion due by 12/29/2023. 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.Motions referred to Molly H Cherry.(Ferderigos, Phillip) Related: [-]
Tuesday, December 12, 2023
23		23 motion Default Judgment Wed 12/13 11:46 AM MOTION for Default Judgment as to Cynthia Louise Smith by Cynthia Louise Smith. Response to Motion due by 12/27/2023. 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. Motions referred to Molly H Cherry.(agaz, ) Related: [-]
22		22 cmp Amended Complaint Wed 12/13 11:44 AM AMENDED COMPLAINT against All Defendants, filed by Cynthia Louise Smith.(agaz, ) Related: [-]
		Att: 1 Supporting Documents,
		Att: 2 Exhibit A- Water and Sewer Online Bill Payments,
		Att: 3 Exhibit B- Letter from May 20, 2021,
		Att: 4 Exhibit C- Water and Sewer Online Bill Payments,
		Att: 5 Exhibit D- Letter from July 27, 2021,
		Att: 6 Exhibit E- Service Confirmation November 9,
		Att: 7 Exhibit F- Letter November 10, 2022,
		Att: 8 Exhibit G- Incident Report,
		Att: 9 Exhibit H- Water and Sewer Online Bill Payments,
		Att: 10 Exhibit I- Bill List,
		Att: 11 Exhibit J- Ordinance Number 23-03,
		Att: 12 Exhibit K- UPS Tracking,
		Att: 13 Exhibit L- Photos,
		Att: 14 Exhibit M- 8 Parts to a Lawful Contract,
		Att: 15 Exhibit N- Billing Summary and Usage,
		Att: 16 Exhibit O- UPS Tracking,
		Att: 17 Exhibit P- UPS Tracking,
		Att: 18 Exhibit Q- UPS Tracking,
		Att: 19 Exhibit R- Affidavit of Truth and Fact,
		Att: 20 Exhibit S- Contents in Packet Two,
		Att: 21 Exhibit T- Contents in Packet Three,
		Att: 22 Exhibit U- Contents in Packet Four
Tuesday, November 14, 2023
21		21 misc Document Mailed Tue 11/14 12:15 PM ***DOCUMENT MAILED20 Order GRANTING Motion for Extension of Time to Amend, Order DENYING Motion for Court-Appointed Mediator, and a complaint form (Complaint for a Civil Case) placed in U.S. Mail from Charleston Clerk's Office to Cynthia Louise Smith Ste 6 #194 1605 Central Avenue Summerville, SC 29483. (agaz, ) Related: [-]
20		20 10 pgs order Order on Motion for Extension of Time to Amend Order on Motion for Miscellaneous Relief Tue 11/14 12:12 PM ORDER Denying 17 Motion for Court Appointed Mediator. Motion GRANTED: 14 Motion for Extension of Time to Amend 11 Amended Complaint. Plaintiff is given until December 12, 2023 to amend her complaint. Details set forth in order. Signed by Magistrate Judge Molly H Cherry on 11/14/2023.(agaz, ) Related: [-]
Monday, October 23, 2023
19		19 respm Response in Opposition to Motion Mon 10/23 2:52 PM RESPONSE in Opposition re17 MOTION for Court Appointed Mediator Response filed by Dorchester County South Carolina.Reply to Response to Motion due by 10/30/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ferderigos, Phillip) Related: [-]
Friday, October 20, 2023
18		18 respm Reply to Response to Motion Fri 10/20 12:14 PM REPLY to Response to Motion re14 MOTION for Extension of Time to Amend11 Amended Complaint Response filed by Cynthia Louise Smith. (agaz) Related: [-]
17		17 motion Miscellaneous Relief Fri 10/20 12:13 PM MOTION for Court Appointed Mediator by Cynthia Louise Smith. Response to Motion due by 11/3/2023. 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. Motions referred to Molly H Cherry. (agaz) Related: [-]
Monday, October 16, 2023
16		16 respm Response to Motion Do not use if support or object to motion Mon 10/16 2:06 PM RESPONSE to Motion re14 MOTION for Extension of Time to Amend11 Amended Complaint Response filed by Dorchester County South Carolina.Reply to Response to Motion due by 10/23/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ferderigos, Phillip) Related: [-]
Thursday, October 12, 2023
15		15 motion Dismiss Thu 10/12 1:53 PM MOTION to Dismiss Pro Se Plaintiff's Pro Se Plaintiff's Second Complaint "For Violation of Civil Rights" Pursuant to FRCP Rules 3, 4, and 5, and Rule 12(b)(1), (2), (3), (4), (5), and (6) and Incorporated Memorandum by Dorchester County South Carolina. Response to Motion due by 10/26/2023. 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.Motions referred to Molly H Cherry.(Ferderigos, Phillip) Related: [-]
14		14 motion Extension of Time to Amend Thu 10/12 11:02 AM MOTION for Extension of Time to Amend11 Amended Complaint by Cynthia Louise Smith. Response to Motion due by 10/26/2023. 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. Motions referred to Molly H Cherry. (agaz) Related: [-]
12		12 discov Local Rule 26.01 Answers to Interrogatories Thu 10/12 10:53 AM Local Rule 26.01 Answers to Interrogatories by Cynthia Louise Smith. (agaz) Related: [-]
11		11 cmp Amended Complaint Thu 10/12 10:52 AM AMENDED COMPLAINT against All Defendants, filed by Cynthia Louise Smith.(agaz) Related: [-]
		Att: 1 Cover Letter
10		10 respm Response in Opposition to Motion Thu 10/12 10:33 AM RESPONSE in Opposition re8 MOTION to Dismiss . Response filed by Cynthia Louise Smith. Reply to Response to Motion due by 10/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (agaz) Related: [-]
		Att: 1 Cover Letter
Friday, October 06, 2023
9		9 service Certificate of Service Fri 10/06 3:52 PM CERTIFICATE OF SERVICE by Dorchester County South Carolina (Ferderigos, Phillip) Related: [-]
Tuesday, October 03, 2023
8		8 motion Dismiss Tue 10/03 12:10 PM MOTION to Dismiss by Dorchester County South Carolina. Response to Motion due by 10/17/2023. 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.Motions referred to Molly H Cherry.(Ferderigos, Phillip) Related: [-]
		Att: 1 Memo in Support Memo in Support
Tuesday, September 26, 2023
7		7 misc Document Mailed Tue 09/26 11:05 AM ***DOCUMENT MAILED6 Proper Form Order, Summons, Rule 26.01 Interrogatories, and placed in U.S. Mail from Charleston Clerks Office to Cynthia Louise Smith Ste 6 #194 1605 Central Avenue Summerville, SC 29483 (cwhi, ) Related: [-]
6		6 order Proper Form Order Tue 09/26 10:49 AM PROPER FORM ORDER Case to be brought into proper form by 10/17/2023. Plaintiff is directed to apprise this court, on or before October 25, 2023, whether she has been able to obtain counsel for Chic Properties LLC. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Molly H Cherry on 9/26/2023. (cwhi, ) Modified on 9/26/2023 to add docket text (agaz) Related: [-]
Monday, September 18, 2023
4		4 motion Summary Judgment Mon 09/18 10:40 AM MOTION for Summary Judgment by Cynthia Louise Smith. Response to Motion due by 10/2/2023. 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.. Motions referred to Molly H Cherry. (agaz) Related: [-]
		Att: 1 Envelope
Tuesday, July 25, 2023
1		1 cmp Complaint Tue 07/25 3:59 PM COMPLAINT against James Lex Byars, Julie Fralix Byars, David Chinnis, Edward Ivy Crosby, Jr, Dorchester County South Carolina, Dorchester Water and Sewer Department, Todd Friddle, Larry S. Hagett, Bryan T. Havir, William R. Hearn, Jr, Harriet A. Holman, Tracey L. Langley, David T. Prentice, Rita May Ranck, Jason Ward ( Filing fee $ 402 receipt number 200019628.), filed by Cynthia Louise Smith.(dgar) Related: [-]
		Att: 1 Cover Letter,
		Att: 2 Supporting Documents

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