Rader v. Hobby Lobby Stores, Inc et al
| South Carolina District Court | |
| Judge: | Joseph Dawson, III |
| Case #: | 4:23-cv-05392 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1446 Notice of Removal |
| Case Filed: | Oct 26, 2023 |
| Terminated: | Apr 17, 2024 |
| Last checked: Tuesday Apr 23, 2024 4:49 AM EDT |
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Cross Claimant
Todd Carroll
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Represented By
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Cross Claimant
Hobby Lobby Stores, Inc
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Represented By
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Cross Defendant
Todd Carroll
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Represented By
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Cross Defendant
Hobby Lobby Stores, Inc
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Represented By
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Defendant
Todd Carroll
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Represented By
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Defendant
Hobby Lobby Stores, Inc
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Represented By
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Plaintiff
Scottie Rader
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Represented By
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ThirdParty Defendant
SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC
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Represented By
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ThirdParty Plaintiff
Todd Carroll
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Represented By
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ThirdParty Plaintiff
Hobby Lobby Stores, Inc
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Represented By
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| Docket last updated: 5 hours ago |
| Wednesday, April 17, 2024 | ||
| 34 | 34
misc
Document E-Mailed
Wed 04/17 2:56 PM
***DOCUMENT E-MAILED: True Certified copy of 32 Text Order on Motion to Remand emailed to Horry County Clerk of Court, Renee Elvis (elvisr@horrycounty.org). Hard copy also mailed to the same at PO Box 677, Conway, SC 29528-0677. (lgib, ) |
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| 32 | 32
order
Order on Motion to Remand
Wed 04/17 2:46 PM
TEXT ORDER granting 10 Plaintiff Scott Rader's ("Plaintiff") Motion to Remand. "If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded." 28 U.S.C. § 1447. Plaintiff filed a negligence lawsuit in the Horry County Court of Common Pleas against Defendants Hobby Lobby Stores, Inc. ("Hobby Lobby") and Todd Carroll ("Carroll") (collectively "Defendants"), claiming damages for injuries sustained after a fall. (DE 1-1.) On November 6, 2023, within 30 days of service of the lawsuit on Defendants, Defendants removed the action to the United States District Court for the District of South Carolina, claiming this Court has subject matter jurisdiction in diversity under 18 U.S.C. § 1332 (diversity jurisdiction). (DE 1); see 28 U.S.C. § 1332(a) (subject matter jurisdiction in diversity requires complete diversity of the parties). As to the parties' citizenship for jurisdictional purposes: Plaintiff is a citizen of South Carolina; Hobby Lobby, a corporation, is a citizen of Oklahoma (incorporated in and principal place of business in Oklahoma); and Carroll is a citizen of South Carolina. (DE 1, DE 1-1). In their notice of removal, Defendants contend Carroll is a fraudulently named defendant and should be disregarded for diversity purposes because "Plaintiff's Complaint fails to state any facts indicating Defendant Carroll's actions were the cause of any of Plaintiff's damages," and "[f]urther, Defendants will show Defendant Carroll was not working and was not present on Defendant's premises on the date in question." (DE 1 2.) On November 6, 2023, Plaintiff moved to remand, claiming Carroll is a proper defendant, and there is not complete diversity between the parties. (DE 10-1.) The Court agrees with Plaintiff. Under the fraudulent joinder doctrine, "[t]he removing party must show either 'outright fraud in the plaintiff's pleading of jurisdictional facts' or that 'there is no possibility that the plaintiff would be able to establish a cause of action against the in-state defendant in state court.'" Johnson v. Am. Towers, LLC, 781 F.3d 693, 704 (4th Cir. 2015) (citing Hartley v. CSX Transp., Inc., 186 F.3d 422, 424 (4th Cir. 1999)). "The party alleging fraudulent joinder bears a heavy burden-it must show that the plaintiff cannot establish a claim even after resolving all issues of law and fact in the plaintiff's favor." Id. "The plaintiff need not establish that he will ultimately succeed on his claims; 'there need be only a slight possibility of a right to relief.'" Benjamin v. Wal-Mart Stores, Inc., 413 F. Supp. 2d 652, 654 (D.S.C. 2006) (citing Hartley, 186 F.3d at 425). Plaintiff has sufficiently plead facts that establish at least a slight possibility of relief for negligence against Carroll. To establish a claim for negligence, Plaintiff must sufficiently allege "(1) defendant owes a duty of care to the plaintiff, (2) defendant breached the duty by a negligent act or omission, (3) defendant's breach was the actual and proximate cause of the plaintiff's injury, and (4) plaintiff suffered an injury or damages." Andrade v. Johnson, 356 S.C. 238, 245, 588 S.E.2d 588, 592 (2003). Plaintiff alleges Carroll "is the general manager of the North Myrtle Beach Hobby Lobby Store and as the manager is in control of operations including safety protocols and maintenance." (DE 1-1, p. 3 3.) District Courts interpreting South Carolina law have consistently held that a store manager "by virtue of his position has a high level of control over the store," and thus owes a duty of care to customers. Cook v. Lowe's Home Centers, Inc., No. 5 06-2130 RBH, 2006 WL 3098773, at *4 (D.S.C. Oct. 30, 2006); see also Griggs v. Dollar General Corp., No. 4:15-cv-04600-RBH, 2016 WL 70017 (D.S.C. Jan. 6, 2016); Mobley v. Wal-Mart Stores, Inc., No. CIV. 209CV3019DCN, 2010 WL 503101, at *5 (D.S.C. Feb. 8, 2010). Plaintiff also alleges facts that, if resolved in his favor, would establish the remaining negligence elements, for example that Defendants (to include Carroll) were negligent in "failing to properly manage the store" (DE 1-1, p. 4 6), that "there was no warning" regarding a "transition area near the restroom where the transition is higher than the floor" where Plaintiff alleges he fell (Id.. at 3 4), and that Plaintiff suffered various injuries due to the fall (id. at 5, 7). Accordingly, Defendant Carroll is not a fraudulently joined defendant, and his citizenship shall be considered in assessing the diversity of the parties under 18 U.S.C. 1332. Thus, because there is not complete diversity between the parties (Plaintiff and Defendant Carroll are both citizens of South Carolina), this Court lacks subject matter jurisdiction, and this case is remanded to the Horry County Court of Common Pleas. Signed by the Honorable Joseph Dawson, III on 4/17/2024. (lgib, ) |
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| Wednesday, April 10, 2024 | ||
| 31 | 31
answer
Answer to Amended Complaint
Wed 04/10 4:36 PM
Third Party-Defendants ANSWER to24 Amended Complaint, by SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC.(Mascella, Stephanie) |
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| 30 | 30
motion
Amend/Correct
Wed 04/10 4:32 PM
First MOTION to Amend/Correct28 Answer to Third Party Complaint,, Answer to Amended Complaint, by SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC. Response to Motion due by 4/24/2024. 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.(Mascella, Stephanie) |
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notice
Notice of Appearance
Wed 04/10 1:25 PM
NOTICE of Appearance by Stephanie Lynn Mascella on behalf of SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC (Mascella, Stephanie) |
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| Wednesday, March 13, 2024 | ||
| 28 | 28
answer
Answer to Third Party Complaint Answer to Amended Complaint
Wed 03/13 4:07 PM
ANSWER to5 Answer to Complaint,, Third Party Complaint,24 Amended Complaint, , ANSWER to5 Answer to Complaint,, Third Party Complaint,24 Amended Complaint, by SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC.(Rayner, Rebecca) |
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| Monday, March 11, 2024 | ||
| 27 | 27
answer
Answer to Amended Complaint Crossclaim
Mon 03/11 3:44 PM
ANSWER to24 Amended Complaint, , CROSSCLAIM against Hobby Lobby Stores, Inc, Todd Carroll by Hobby Lobby Stores, Inc, Todd Carroll.(Williams, Charles) |
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| Monday, March 04, 2024 | ||
| 26 | 26
service
Summons Returned Executed - Complaint Served
Mon 03/04 4:27 PM
SUMMONS Returned Executed by Scottie Rader. SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC served on 2/29/2024, answer due 3/21/2024. (Connell, Gene) |
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| Wednesday, February 28, 2024 | ||
| 25 | 25
service
Summons Issued
Wed 02/28 2:33 PM
Summons Issued as to SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC. Service due by 5/28/2024. (gnan ) |
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| 24 | 24
cmp
Amended Complaint
Wed 02/28 11:42 AM
AMENDED COMPLAINT against SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC, filed by Scottie Rader. Service due by 5/28/2024 (Connell, Gene) |
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Att: 1
Summons
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| Tuesday, February 27, 2024 | ||
| 23 | 23
order
Order on Motion to Amend/Correct
Tue 02/27 1:40 PM
TEXT ORDER granting consent 21 Motion to Amend Complaint. Signed by Honorable Joseph Dawson, III on 2/27/24.(gnan ) |
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| Monday, February 26, 2024 | ||
| 22 | 22
respm
Response in Support of Motion
Mon 02/26 3:06 PM
RESPONSE in Support re21 MOTION to Amend/Correct Response filed by Todd Carroll, Hobby Lobby Stores, Inc. (Williams, Charles) |
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| Monday, February 05, 2024 | ||
| 21 | 21
motion
Amend/Correct
Mon 02/05 3:39 PM
MOTION to Amend/Correct by Scottie Rader. Response to Motion due by 2/20/2024. 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.(Connell, Gene) |
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Att: 1
Proposed Amended Complaint
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| Thursday, January 11, 2024 | ||
| 20 | 20
discov
Local Rule 26.03 Answers to Interrogatories
Thu 01/11 11:09 AM
Plaintiff's Local Rule 26.03 Answers to Interrogatories by Scottie Rader.(Connell, Gene) |
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| 19 | 19
order
Clerks Entry of Default
Thu 01/11 9:53 AM
Clerk's ENTRY OF DEFAULT as to SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC. (prou, ) |
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| Wednesday, January 10, 2024 | ||
| 18 | 18
misc
Request for Entry of Default
Wed 01/10 4:48 PM
REQUEST FOR ENTRY OF DEFAULT byTodd Carroll, Hobby Lobby Stores, Inc.(Maurides, William) |
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Att: 1
Exhibit A - Affidavit of Default
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| 17 | 17
notice
Notice of Appearance
Wed 01/10 4:40 PM
NOTICE of Appearance by William Peter Maurides on behalf of Todd Carroll, Hobby Lobby Stores, Inc (Maurides, William) |
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discov
Local Rule 26.03 Answers to Interrogatories
Wed 01/10 3:27 PM
Local Rule 26.03 Answers to Interrogatories by Todd Carroll, Hobby Lobby Stores, Inc.(Williams, Charles) |
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| 15 | 15
service
Acknowledgment of Service
Wed 01/10 12:57 PM
ACKNOWLEDGMENT OF SERVICE Executed Acknowledgement filed by Todd Carroll, Hobby Lobby Stores, Inc.(Williams, Charles) |
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Att: 1
Affidavit of Service by Certified Mail,
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Att: 2
Exhibit A to Affidavit of Service
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order
Scheduling Order
Wed 01/10 11:57 AM
AMENDED CONFERENCE AND SCHEDULING ORDER: 26(a) Initial Disclosures due by 1/11/2024, Rule 26 Report due by 1/11/2024, Motions to Amend Pleadings due by 3/4/2024, Plaintiffs ID of Expert Witness due by 4/2/2024, Defendants ID of Expert Witnesses Due by 5/3/2024, Records Custodian Affidavit due by 5/3/2024, Discovery due by 7/3/2024, Motions due by 8/2/2024, Mediation Due by 7/17/2024. No later than thirty (30) days before the date set for jury selection, the parties shall file and exchange Fed. R. Civ. P. 26(a)(3) pretrial disclosures. Motions in limine must be filed no later than thirty (30) days before the date set for trial. Parties shall furnish the Court pretrial briefs 7 days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial after November 4, 2024. Signed by Honorable Joseph Dawson, III on 1/10/2024. (prou, ) |
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| Wednesday, January 03, 2024 | ||
| 13 | 13
discov
Rule 26(f) Report
Wed 01/03 3:18 PM
Rule 26(f) Report by Todd Carroll, Hobby Lobby Stores, Inc.(Williams, Charles) |
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Att: 1
Proposed Order Amended Conference and Scheduling Order
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| Monday, November 27, 2023 | ||
| 12 | 12
respm
Reply to Response to Motion
Mon 11/27 3:02 PM
REPLY to Response to Motion re10 MOTION to Remand Response filed by Scottie Rader.(Connell, Gene) |
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Att: 1
Affidavit Affidavit of Gene M. Connell, Jr.
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| Monday, November 20, 2023 | ||
| 11 | 11
respm
Response in Opposition to Motion
Mon 11/20 3:44 PM
RESPONSE in Opposition re10 MOTION to Remand Response filed by Todd Carroll, Hobby Lobby Stores, Inc.Reply to Response to Motion due by 11/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Williams, Charles) |
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Att: 1
Exhibit List of Exhibits,
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Att: 2
Exhibit A-Affidavit of Todd Carroll,
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Att: 3
Exhibit B-Restroom Transition Photo
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| Monday, November 06, 2023 | ||
| 10 | 10
motion
Remand
Mon 11/06 3:56 PM
MOTION to Remand by Scottie Rader. Response to Motion due by 11/20/2023. 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.(Connell, Gene) |
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Att: 1
Memo in Support
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| 9 | 9
order
Scheduling Order
Mon 11/06 2:22 PM
CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 11/27/2023, 26(a) Initial Disclosures due by 12/11/2023, Rule 26 Report due by 12/11/2023, Motions to Amend Pleadings due by 1/3/2024, Plaintiffs ID of Expert Witness due by 2/2/2024, Defendants ID of Expert Witnesses Due by 3/4/2024, Records Custodian Affidavit due by 3/4/2024, Discovery due by 5/3/2024, Motions due by 6/3/2024, Jury Selection Deadline 9/3/2024, Mediation Due by 5/3/2024. Signed by the Honorable Joseph Dawson, III on 11/6/2023. (lgib, ) |
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| 8 | 8
service
Summons Issued
Mon 11/06 2:14 PM
Summons Issued as to SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC. Service due by 2/5/2024. (lgib, ) |
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| 7 | 7
misc
Entry Deletion
Mon 11/06 2:06 PM
DELETION OF DOCKET ENTRY NUMBER 5 ATTACHMENT #1: Deleted and filed as ECF8 . (lgib, ) |
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| Friday, November 03, 2023 | ||
| 6 | 6
discov
Local Rule 26.01 Answers to Interrogatories
Fri 11/03 1:45 PM
Plaintiff's Local Rule 26.01 Answers to Interrogatories by Scottie Rader.(Connell, Gene) |
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| Thursday, November 02, 2023 | ||
| 5 | 5
answer
Answer to Complaint Third Party Complaint
Thu 11/02 5:51 PM
Defendants' ANSWER to Complaint , THIRD PARTY COMPLAINT against SC North Myrtle Beach 11th Ave., LP, a South Carolina Limited Partnership nka Ireit North Myrtle Beach Coastal North, LLC by Hobby Lobby Stores, Inc, Todd Carroll.(Williams, Charles) |
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Att: 1
Summons
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| Thursday, October 26, 2023 | ||
| 4 | 4
discov
Local Rule 26.01 Answers to Interrogatories
Fri 10/27 12:46 PM
Local Rule 26.01 Answers to Interrogatories by Todd Carroll. (lgib, ) |
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| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Fri 10/27 12:45 PM
Local Rule 26.01 Answers to Interrogatories by Hobby Lobby Stores, Inc. (lgib, ) |
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| 1 | 1
cmp
Notice of Removal
Fri 10/27 12:43 PM
NOTICE OF REMOVAL from Horry County Court of Common Pleas, case number 2023-CP 26-06247 (filing fee $402 receipt number ASCDC-11396398), filed by Hobby Lobby Stores, Inc, Todd Carroll. (lgib, ) |
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Att: 1
Exhibit A - State Court Documents
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