Frye v. Weymouth/Brooks Hill, LLC.

South Carolina District Court
Judge:	Bruce Howe Hendricks
Referred:	Mary Gordon Baker
Case #:	2:23-cv-04566
Nature of Suit	290 Real Property - All Other Real Property
Cause	28:1331 Fed. Question: Personal Injury

Case Filed:	Sep 11, 2023
Terminated:	Oct 30, 2024

Docket
Parties (2)

Last checked: Saturday Mar 09, 2024 7:18 AM EST

Defendant Weymouth/Brooks Hill, LLC.	Represented By Harry Alwyn Dixon Callison Tighe And Robinson contact info Demetri K Koutrakos Callison Tighe And Robinson contact info
Plaintiff Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088

Docket last updated: 05/08/2025 11:59 PM EDT

Wednesday, October 30, 2024
48		48 misc Document Mailed Wed 10/30 3:52 PM ***DOCUMENT MAILED47 Judgment,46 Order Ruling on Report and Recommendation,, placed in U.S. Mail from Charleston Clerks Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088. (dgar) Related: [-]
47		47 misc Judgment Wed 10/30 3:50 PM JUDGMENT: Action dismissed without prejudice. (dgar) Related: [-]
46		46 6 pgs order Order Ruling on Report and Recommendation Wed 10/30 3:42 PM ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts and incorporates the Magistrate Judge's Report (ECF No. 41); the Court overrules Defendant's objections (ECF No. 44); the Court grants Plaintiff's motion to dismiss (ECF No. 36); and the Court dismisses this action without prejudice pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, thereby rendering moot Defendant's motion for summary judgment (ECF No. 21) and Plaintiff's motion to strike (ECF No. 30). Signed by Honorable Bruce Howe Hendricks on 10/30/2024. (dgar) Related: [-]
Thursday, August 08, 2024
44		44 respoth Objection to Report and Recommendation Thu 08/08 3:39 PM OBJECTION to41 Report and Recommendation by Weymouth/Brooks Hill, LLC.. Reply to Objections due by 8/22/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Koutrakos, Demetri) Related: [-]
Thursday, July 25, 2024
42		42 misc Document Mailed Thu 07/25 10:49 AM ***DOCUMENT MAILED41 REPORT AND RECOMMENDATION re36 MOTION to Dismiss filed by Michael Frye placed in U.S. Mail from Charleston Clerk's Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088. (dgar) Related: [-]
41		41 motion Report and Recommendation Thu 07/25 10:48 AM REPORT AND RECOMMENDATION: The undersigned RECOMMENDS Plaintiff's Motion to Dismiss (Dkt. No. 36) be GRANTED pursuant to Federal Rule of Civil Procedure 41(a)(2) and this action be DISMISSED without prejudice. If the Court adopts this recommendation, Defendant's Motion for Summary Judgment (Dkt. No. 21) and Plaintiff's Motion to Strike (Dkt. No. 30) will be MOOT. Objections to R&R due by 8/8/2024 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. Signed by Magistrate Judge Mary Gordon Baker on 7/25/2024. (dgar) Related: [-]
Monday, July 01, 2024
40		40 misc Reply Not to a Motion Mon 07/01 1:12 PM REPLY by Michael Frye to 37 Order.(dgar) Related: [-]
		Att: 1 Supporting Documents,
		Att: 2 Certificate of Service,
		Att: 3 Envelope
39		39 respm Response in Opposition to Motion Mon 07/01 12:20 PM RESPONSE in Opposition re36 MOTION to Dismiss Response filed by Weymouth/Brooks Hill, LLC..Reply to 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. (Koutrakos, Demetri) Related: [-]
Thursday, June 20, 2024
38		38 misc Document Mailed Thu 06/20 11:59 AM ***DOCUMENT MAILED 37 Text Order, placed in U.S. Mail from Charleston Clerk's Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088. (agaz, ) Related: [-]
37		37 order Order Thu 06/20 10:20 AM TEXT ORDER: Plaintiff's recent filings (Dkt. Nos. 15; 19; 36) indicate he wishes to voluntarily dismiss his case pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Accordingly, the Court construes his recent motion as one seeking dismissal pursuant to Rule 41(a)(2). To the extent Defendant wishes to respond to Plaintiff's Motion, its response is due by July 1, 2024. Additionally, the Court STAYS Plaintiff's deadline to respond to Defendant's Motion for Summary Judgment (Dkt. No. 21) and Defendant's deadline to respond to Plaintiff's Motion to Strike (Dkt. No. 30), pending resolution of Plaintiff's Motion to Dismiss (Dkt. No. 36). IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 6/20/24. (akob, ) Modified to edit docket text on 6/20/2024 (agaz, ) Related: [-]
Tuesday, June 18, 2024
35		35 misc Entry Deletion Tue 06/18 12:17 PM DELETION OF DOCKET ENTRY NUMBER 31-34 Reason: Re-docketed as an appeal to the District Judge. (dgar) Modified on 6/18/2024 to edit docket text (dgar) Related: [-]
Monday, June 17, 2024
36		36 appeal Appeal of Magistrate Judge Decision to District Court Tue 06/18 12:25 PM MOTION to Dismiss by Michael Frye. Response to Motion due by 7/1/2024. 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. Motions referred to Mary Gordon Baker.(cper, ) Modified text on 6/20/2024 (cper, ) Related: [-]
		Att: 1 Certificate of Service,
		Att: 2 Envelope
30		30 motion Strike Mon 06/17 11:21 AM MOTION to Strike by Michael Frye. Response to Motion due by 7/1/2024. 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.Motions referred to Mary Gordon Baker.(dgar) (dgar, ) Related: [-]
		Att: 1 Certificate of Service,
		Att: 2 Envelope
		Att: 3 (6/17/2024) Supporting Documents
29		29 motion Dismiss Mon 06/17 11:19 AM MOTION to Dismiss by Michael Frye. Response to Motion due by 7/1/2024. 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.Motions referred to Mary Gordon Baker.(dgar) Related: [-]
		Att: 1 Certificate of Service,
		Att: 2 Envelope
Wednesday, June 12, 2024
28		28 misc Document Mailed Wed 06/12 7:43 AM ***DOCUMENT MAILED 27 Order on Motion for Miscellaneous Relief, placed in U.S. Mail from Charleston Clerk's Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088. (dgar) Related: [-]
Tuesday, June 11, 2024
27		27 order Order on Motion for Miscellaneous Relief Tue 06/11 11:50 AM TEXT ORDER granting 22 Motion for Relief from Mediation. The Court will not enforce the July 5, 2024 mediation deadline. (Dkt. No. 12.) Should this case proceed past summary judgment, the Court may set a new mediation deadline. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 6/11/24.(akob, ) Related: [-]
26		26 misc Document Mailed Tue 06/11 9:00 AM ***DOCUMENT MAILED 25 Order on Motion for Miscellaneous Relief, placed in U.S. Mail from Charleston Clerk's Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088. (dgar) Related: [-]
25		25 order Order on Motion for Miscellaneous Relief Tue 06/11 8:38 AM TEXT ORDER denying 19 Plaintiff's Motion for Relief from Judgment Pursuant to Federal Rules of Civil Procedure 60(b)(1). Here, Plaintiff takes issue with the Court's Text Order on May 9, 2024, asking Defendant whether it consents to Plaintiff's voluntary dismissal of this action. (Dkt. Nos. 15; 16.) Contrary to Plaintiff's assertion, dismissal is improper under Rule 41 of the Federal Rules of Civil Procedure without Court order or the consent of Defendant when Defendant has filed an answer. Plaintiff has not established any error with the Court's Text Order (Dkt. No. 16) and his 19 Motion is therefore DENIED. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 6/11/24.(akob, ) Related: [-]
Thursday, June 06, 2024
24		24 misc Document Mailed Thu 06/06 7:41 AM ***DOCUMENT MAILED23 Roseboro Order, placed in U.S. Mail from Charleston Clerks Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088 (dgar) Related: [-]
23		23 order Roseboro Order Thu 06/06 7:40 AM ROSEBORO ORDER directing clerk to forward summary judgment explanation to the opposing party and directing that party to respond in 31 days. Response due to 21 MOTION for Summary Judgment. 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. Signed by Magistrate Judge Mary Gordon Baker on 6/6/2024. (dgar) Related: [-]
Wednesday, June 05, 2024
22		22 motion Miscellaneous Relief Wed 06/05 4:29 PM MOTION Relief from Court-Ordered Mediation Requirement re12 Scheduling Order, by Weymouth/Brooks Hill, LLC.. Response to Motion due by 6/20/2024. 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. No proposed order.Motions referred to Mary Gordon Baker.(Koutrakos, Demetri) Related: [-]
21		21 motion Summary Judgment Wed 06/05 3:59 PM MOTION for Summary Judgment by Weymouth/Brooks Hill, LLC.. Response to Motion due by 6/20/2024. 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.No proposed order.Motions referred to Mary Gordon Baker.(Koutrakos, Demetri) Related: [-]
		Att: 1 Exhibit 1 - Affidavit of Doreen Larimer,
		Att: 2 Exhibit 2 - Plaintiff's Responses to Requests for Production
Monday, June 03, 2024
20		20 respm Response in Opposition to Motion Mon 06/03 3:14 PM RESPONSE in Opposition re19 MOTION for Relief from Judgment Pursuant to Federal Rules of Civil Procedure 60(b)(1) Response filed by Weymouth/Brooks Hill, LLC..Reply to Response to Motion due by 6/10/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Koutrakos, Demetri) Related: [-]
Monday, May 20, 2024
19		19 motion Miscellaneous Relief Mon 05/20 10:22 AM MOTION filed by Michael Frye. Response to Motion due by 6/3/2024. 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.Motions referred to Mary Gordon Baker.(dgar) Related: [-]
		Att: 1 Memo in Support,
		Att: 2 Certificate of Service
Wednesday, May 15, 2024
18		18 misc Reply Not to a Motion Wed 05/15 5:15 PM REPLY by Weymouth/Brooks Hill, LLC. to 16 Order,,15 Notice of Voluntary Dismissal .(Koutrakos, Demetri) Related: [-]
		Att: 1 Exhibit A - Email and Expert's Report
Thursday, May 09, 2024
17		17 misc Document Mailed Thu 05/09 1:59 PM ***DOCUMENT MAILED 16 Order, placed in U.S. Mail from Charleston Clerk's Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088. (dgar) Related: [-]
16		16 order Order Thu 05/09 1:36 PM TEXT ORDER. Plaintiff has filed a notice of voluntary dismissal pursuant to Rule 41 of the Federal Rules of Civil Procedure. Because Defendant has already filed an answer in this action and it did not sign the notice of dismissal, this action cannot be dismissed without a court order. Defendant is ORDERED to file a status update by May 15, 2024, stating whether it consents to a dismissal of this action. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 5/9/24. (akob, ) Related: [-]
15		15 notice Notice of Voluntary Dismissal Thu 05/09 11:30 AM NOTICE of Voluntary Dismissal by Michael Frye(dgar) Related: [-]
		Att: 1 Supporting Documents,
		Att: 2 Certificate of Service,
		Att: 3 Envelope
Friday, May 03, 2024
14		14 misc Defendant's ID of Expert Witnesses Fri 05/03 1:42 PM DEFENDANT'S ID OF EXPERT WITNESSES by Weymouth/Brooks Hill, LLC..(Koutrakos, Demetri) Related: [-]
Tuesday, February 06, 2024
13		13 misc Document Mailed Tue 02/06 8:04 AM ***DOCUMENT MAILED12 Scheduling Order, placed in U.S. Mail from Charleston Clerk's Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088. (dgar) Related: [-]
12		12 order Scheduling Order Tue 02/06 8:03 AM SCHEDULING ORDER: Motions to Amend Pleadings due by 3/7/2024, Plaintiff's ID of Expert Witness due by 4/8/2024, Defendant's ID of Expert Witnesses Due by 5/6/2024, Records Custodian Affidavit due by 5/6/2024, Discovery due by 6/5/2024, Motions due by 8/5/2024, Mediation Due by 7/5/2024. Signed by Magistrate Judge Mary Gordon Baker on 2/6/2024. (dgar) Related: [-]
Monday, February 05, 2024
11		11 discov Local Rule 26.01 Answers to Interrogatories Mon 02/05 12:51 PM Local Rule 26.01 Answers to Interrogatories by Weymouth/Brooks Hill, LLC..(Koutrakos, Demetri) Related: [-]
10		10 answer Answer to Complaint Mon 02/05 12:46 PM ANSWER to1 Complaint by Weymouth/Brooks Hill, LLC..(Koutrakos, Demetri) Related: [-]
Friday, February 02, 2024
9		9 notice Notice of Appearance Fri 02/02 3:43 PM NOTICE of Appearance by Demetri K Koutrakos on behalf of Weymouth/Brooks Hill, LLC. (Koutrakos, Demetri) Related: [-]
Wednesday, December 13, 2023
8		8 discov Local Rule 26.01 Answers to Interrogatories Wed 12/13 12:19 PM Local Rule 26.01 Answers to Interrogatories by Michael Frye.(dgar) Related: [-]
		Att: 1 Envelope
Thursday, November 30, 2023
7		7 misc Document Mailed Thu 11/30 2:17 PM ***DOCUMENT MAILED5 Order Service - Non-Inmate,6 Summons Issued, a blank copy of 26.01 interrogatories placed in U.S. Mail from Charleston Clerk's Office to Michael Frye 5005 Martins Crossing Road Stone Mountain, GA 30088. (dgar) Related: [-]
6		6 service Summons Issued Thu 11/30 2:13 PM Summons Issued as to Weymouth/Brooks Hill, LLC. Service due by 2/28/2024. (dgar) Related: [-]
5		5 3 pgs order Order - Service - Non-Inmate Thu 11/30 2:12 PM ORDER authorizing service of process by clerk and directing plaintiff to notify the clerk in writing of any change of address. Signed by Magistrate Judge Mary Gordon Baker on 11/30/2023. (dgar) Related: [-]
Monday, September 11, 2023
1		1 cmp Complaint Tue 09/12 11:34 AM COMPLAINT against Weymouth/Brooks Hill, LLC. ( Filing fee $ 402 receipt number 200019719.), filed by Michael Frye.(dgar) Related: [-]
		Att: 1 Exhibit A- Land Documents

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