South Carolina District Court
Judge:Richard M Gergel
Case #: 2:23-cv-03909
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Aug 08, 2023
Terminated:Feb 05, 2025
Last checked: Sunday Feb 04, 2024 4:36 AM EST
Defendant
American Inter-Fidelity Exchange
Represented By
Alfred Johnston Cox
Gallivan White Boyd (cola)
contact info
Defendant
Durham Specialty Insurance LLC
Represented By
Nicholas Clarence Chapma Stewart
Shumaker Loop And Kendrick LLP
contact info
Plaintiff
Charles James
Represented By
Ravi Charan Sanyal
Sanyal Law Firm LLC
contact info
Plaintiff
Tashunda James
Represented By
Ravi Charan Sanyal
Sanyal Law Firm LLC
contact info


Docket last updated: 1 hours ago
Wednesday, February 05, 2025
35 35 2 pgs order Order Dismissing Case 60 Day Settlement Order Wed 02/05 9:59 AM
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/5/25. (ltap, )
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Tuesday, February 04, 2025
34 34 notice Notice of Settlement Tue 02/04 5:09 PM
NOTICE of Settlement and Request for Rubin Order by American Inter-Fidelity Exchange (Cox, Alfred)
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Tuesday, January 21, 2025
33 33 order Order on Motion for Extension of Time to File Response/Reply Tue 01/21 12:22 PM
TEXT ORDER granting 32 Motion for Extension of Time to File Response/Reply Response to Motion due by 2/17/2025. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/21/2025.(ltap, )
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32 32 motion Extension of Time to File Response/Reply Tue 01/21 8:51 AM
MOTION for Extension of Time to File Response/Reply as to31 MOTION for Summary Judgment by Charles James, Tashunda James. Response to Motion due by 2/4/2025. 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.(Sanyal, Ravi)
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Monday, January 06, 2025
31 31 motion Summary Judgment Mon 01/06 3:03 PM
MOTION for Summary Judgment by American Inter-Fidelity Exchange. Response to Motion due by 1/21/2025. 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.(Cox, Alfred)
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Att: 1 Memo in Support,
Att: 2 Exhibit A - C. James depo excerpts,
Att: 3 Exhibit B - T. James depo excerpts,
Att: 4 Exhibit C - June emails,
Att: 5 Exhibit D - September emails,
Att: 6 Affidavit of Vendetti in Support of Motion
Friday, November 15, 2024
30 30 motion Substitute Attorney Fri 11/15 3:17 PM
Consent MOTION to Substitute Attorney for Durham Specialty Insurance, LLC by Durham Specialty Insurance LLC. Response to Motion due by 12/2/2024. 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.(MacKelcan, Douglas)
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29 29 notice Notice of Appearance Fri 11/15 3:02 PM
NOTICE of Appearance by Taylor Cary on behalf of Durham Specialty Insurance LLC (Cary, Taylor)
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28 28 notice Notice of Appearance Fri 11/15 3:00 PM
NOTICE of Appearance by Douglas Walker MacKelcan, III on behalf of Durham Specialty Insurance LLC (MacKelcan, Douglas)
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Wednesday, November 06, 2024
27 27 order Scheduling Order ~Util - Terminate Motions Wed 11/06 1:35 PM
THIRD AMENDED SCHEDULING ORDER Discovery due by 12/30/2024, 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 1/6/2025, Mediation due by 2/18/2025, 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 4/1/2025 (Motion terminated: 26 Consent MOTION to Amend/Correct filed by American Inter-Fidelity Exchange). NO FURTHER EXTENSIONS WILL BE GRANTED ABSENT A CONFERENCE WITH THE COURT. Signed by Honorable Richard M Gergel on 11/6/2024. (sshe, )
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26 26 motion Amend/Correct Wed 11/06 12:45 PM
Consent MOTION to Amend/Correct by American Inter-Fidelity Exchange. Response to Motion due by 11/20/2024. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Cox, Alfred)
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Wednesday, August 07, 2024
25 25 order Scheduling Order ~Util - Terminate Motions Wed 08/07 6:03 PM
SECOND AMENDED SCHEDULING ORDER Records Custodian Affidavit due by 9/25/2024, Discovery due by 10/10/2024, 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 11/6/2024, Mediation Due by 12/20/2024, 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 2/3/2025 (Motion terminated: 24 Consent MOTION to Amend/Correct 19 Scheduling Order filed by American Inter-Fidelity Exchange). Signed by Honorable Richard M Gergel on 8/7/2024. (sshe, )
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Tuesday, August 06, 2024
24 24 motion Amend/Correct Tue 08/06 8:43 AM
Consent MOTION to Amend/Correct19 Scheduling Order,,, Terminate Motions,, by American Inter-Fidelity Exchange. Response to Motion due by 8/20/2024. 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. Proposed order is being emailed to chambers with copy to opposing counsel.(Cox, Alfred)
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Monday, June 24, 2024
23 23 order Order on Motion to Compel Order on Motion for Extension of Time Mon 06/24 11:36 AM
ORDER finding as moot 20 Motion to Compel; granting 22 Cosent Motion for Extension of Time until July 16, 2024 to respond to discovery. Entered at the direction of the Honorable Richard M Gergel on 6/24/24.(ltap, )
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Friday, June 21, 2024
22 22 motion Extension of Time Fri 06/21 10:55 AM
Consent MOTION for Extension of Time To Respond to Discovery by Durham Specialty Insurance LLC. Response to Motion due by 7/8/2024. 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.Proposed order is being emailed to chambers with copy to opposing counsel.(Stewart, Nicholas)
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Att: 1 Proposed Order Consent Order
Thursday, June 20, 2024
21 21 order Order Thu 06/20 11:07 AM
TEXT ORDER re 20 MOTION to Compel filed by Durham Specialty Insurance LLC. The time to file a response to motion is shortened to June 26, 2024. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 6/20/24. (ltap, )
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Tuesday, June 18, 2024
20 20 motion Compel Tue 06/18 3:15 PM
MOTION to Compel by Durham Specialty Insurance LLC. Response to Motion due by 7/2/2024. 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.(Stewart, Nicholas)
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Att: 1 Exhibit A
Tuesday, April 02, 2024
19 19 order Scheduling Order ~Util - Terminate Motions Tue 04/02 2:05 PM
AMENDED SCHEDULING ORDER Plaintiffs ID of Expert Witness due by 05/20/2024, Defendants ID of Expert Witnesses Due by 06/20/2024, Records Custodian Affidavit due by 06/28/2024, Discovery due by 07/22/2024, Motions in Limine must be filed within 5 days after the case is noticed for date certain for trial, Dispositive Motions and Daubert Motions due by 08/06/2024, Mediation due by 08/22/2024, 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 11/01/2024. Signed by Honorable Richard M Gergel on 04/02/2024. (hcor, )
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Thursday, March 28, 2024
18 18 motion Amend/Correct Thu 03/28 10:51 AM
Consent MOTION to Amend/Correct9 Scheduling Order,,, by Durham Specialty Insurance LLC. Response to Motion due by 4/11/2024. 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.Proposed order is being emailed to chambers with copy to opposing counsel.(Stewart, Nicholas)
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Att: 1 Proposed Order Amended Consent Scheduling Order
Tuesday, December 12, 2023
17 17 answer Answer to Amended Complaint Tue 12/12 11:24 AM
ANSWER to10 Amended Complaint by Durham Specialty Insurance LLC.(Stewart, Nicholas)
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Tuesday, December 05, 2023
16 16 order Mediation Order Tue 12/05 11:22 AM
MEDIATION ORDER: Mediation Due by 5/22/2024. Signed by Honorable Richard M Gergel on 12/5/2023. (gray)
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Monday, November 27, 2023
15 15 discov Local Rule 26.03 Answers to Interrogatories Mon 11/27 4:14 PM
Local Rule 26.03 Answers to Interrogatories by American Inter-Fidelity Exchange.(Cox, Alfred)
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14 14 discov Rule 26 Discovery Plan Mon 11/27 4:12 PM
Joint Rule 26 Outline of Discovery Plan by American Inter-Fidelity Exchange.(Cox, Alfred)
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13 13 discov Rule 26(f) Report Mon 11/27 4:09 PM
Joint Rule 26(f) Report by American Inter-Fidelity Exchange.(Cox, Alfred)
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Att: 1 RMG Mediation Questionnaire
Tuesday, November 21, 2023
12 12 answer Answer to Amended Complaint Tue 11/21 4:07 PM
ANSWER to10 Amended Complaint by American Inter-Fidelity Exchange.(Cox, Alfred)
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11 11 service Acceptance of Service - Complaint Served Tue 11/21 3:44 PM
ACCEPTANCE OF SERVICE OF COMPLAINT by Tashunda James, Charles James. Durham Specialty Insurance LLC served on 11/20/2023, answer due 12/11/2023. (Sanyal, Ravi)
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Monday, November 20, 2023
10 10 cmp Amended Complaint Mon 11/20 10:25 AM
AMENDED COMPLAINT against American Inter-Fidelity Exchange, Durham Specialty Insurance LLC, filed by Tashunda James, Charles James. Service due by 2/20/2024 (Sanyal, Ravi)
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Monday, October 23, 2023
9 9 order Scheduling Order Mon 10/23 2:29 PM
CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference deadline 11/13/2023, 26(a) Initial Disclosures due by 11/27/2023, Rule 26 Report due by 11/27/2023, Motions to Amend Pleadings due by 01/22/2024, Plaintiffs ID of Expert Witness due by 02/20/2024, Defendants ID of Expert Witnesses Due by 03/21/2024, Records Custodian Affidavit due by 03/28/2024, Discovery due by 04/22/2024, Motions in Limine must be filed within 5 days after the case is noticed for date certain for trial, Dispositive Motions and Daubert Motions due by 05/06/2024, 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 09/03/2024. Signed by Honorable Richard M Gergel on 10/23/2023. (hcor, )
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8 8 discov Local Rule 26.01 Answers to Interrogatories Mon 10/23 11:46 AM
Local Rule 26.01 Answers to Interrogatories by American Inter-Fidelity Exchange.(Cox, Alfred)
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7 7 answer Answer to Complaint Mon 10/23 11:45 AM
AMENDED ANSWER to1 Complaint by American Inter-Fidelity Exchange.(Cox, Alfred)
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6 6 answer Answer to Complaint Mon 10/23 10:27 AM
ANSWER to1 Complaint by American Inter-Fidelity Exchange.(Cox, Alfred)
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Friday, October 20, 2023
5 5 service Acknowledgment of Service Fri 10/20 1:00 PM
SUMMONS Returned Executed by Tashunda James, Charles James. American Inter-Fidelity Exchange served on 10/3/2023, answer due 10/24/2023. Refiled to correct event type and add signature page document provided by filing user, as of original date filed and document number (sshe, )
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Tuesday, August 08, 2023
4 4 service Summons Issued Tue 08/08 3:40 PM
Summons Issued as to American Inter-Fidelity Exchange, Durham Specialty Insurance LLC. (hcor, )
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3 3 discov Local Rule 26.01 Answers to Interrogatories Tue 08/08 3:39 PM
Local Rule 26.01 Answers to Interrogatories by Charles James, Tashunda James.(hcor, )
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1 1 cmp Complaint Tue 08/08 3:37 PM
COMPLAINT against American Inter-Fidelity Exchange, Durham Specialty Insurance LLC ( Filing fee $ 402 receipt number ASCDC-11254716.), filed by Tashunda James, Charles James. Service due by 11/6/2023(hcor, )
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