Ameris Bank v. RPE Contracting, Inc et al
| South Carolina District Court | |
| Judge: | Joseph Dawson, III |
| Case #: | 4:24-cv-02885 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Breach of Contract |
| Case Filed: | May 08, 2024 |
| Last checked: Monday Nov 04, 2024 4:09 AM EST |
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Defendant
RPE Contracting, Inc
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Defendant
Michael Scott Rivers
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Defendant
Randy J Rivers
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Represented By
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Plaintiff
Ameris Bank
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Represented By
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| Docket last updated: 1 hours ago |
| Thursday, February 13, 2025 | ||
| 41 | 41
motion
Default Judgment
Thu 02/13 9:06 AM
MOTION for Default Judgment as to Michael Scott Rivers by Ameris Bank. Response to Motion due by 2/27/2025. 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.Proposed order is being emailed to chambers with copy to opposing counsel.(Bryant, Wheeler) |
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Att: 1
Exhibit to Motion for Default Judgment Against Michael Scott Rivers,
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Att: 2
Proposed Order Default Judgment Against Michael Scott Rivers
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| Thursday, January 30, 2025 | ||
| 39 | 39
order
Order Staying Case
Thu 01/30 9:28 AM
TEXT ORDER STAYING CASE: It is ordered that the proceedings in the captioned action be stayed, pending conclusion of the proceedings in the United States Bankruptcy Court. Signed by the Honorable Joseph Dawson, III on 1/30/2025. (lgib, ) |
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| Monday, January 27, 2025 | ||
| 38 | 38
misc
Suggestion of Bankruptcy
Mon 01/27 5:06 PM
SUGGESTION OF BANKRUPTCY Upon the Record as to RPE Contracting, Inc. by Ameris Bank.(Bryant, Wheeler) |
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Att: 1
Exhibit Notice of Bankruptcy
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| Wednesday, January 08, 2025 | ||
| 37 | 37
motion
Joinder
Wed 01/08 4:50 PM
Consent MOTION for Joinder / Drop Randy J. Rivers as a Defendant and to Drop Ameris Bank as a Counterclaim Defendant Pursuant to Rule 21 by Ameris Bank. Response to Motion due by 1/22/2025. 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.Proposed order is being emailed to chambers with copy to opposing counsel.(Bryant, Wheeler) |
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Att: 1
Proposed Order Proposed Consent Order
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| Monday, November 04, 2024 | ||
| 36 | 36
order
Scheduling Order
Mon 11/04 3:34 PM
SECOND AMENDED CONFERENCE AND SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 1/2/2025, Defendants ID of Expert Witnesses Due by 2/3/2025, Records Custodian Affidavit due by 2/3/2025, Discovery due by 4/14/2025, Motions due by 6/5/2025, Jury Selection Deadline 9/1/2025, Mediation Due by 5/14/2025. Signed by the Honorable Joseph Dawson, III on 11/4/2024. (lgib, ) |
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| 35 | 35
order
Order on Motion for Extension of Time
Mon 11/04 3:27 PM
TEXT ORDER granting unopposed 29 Motion to Extend Deadlines as provided in the Second Amended Scheduling Order. Signed by the Honorable Joseph Dawson, III on 11/4/2024. (lgib, ) |
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| Thursday, October 10, 2024 | ||
| 33 | 33
misc
Entry Deletion
Thu 10/10 10:21 AM
DELETION OF DOCKET ENTRY NUMBER 32 Reason: filed prematurely by filer. (lgib, ) |
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| Thursday, October 03, 2024 | ||
| 32 | 32
motion
Compel
Thu 10/03 6:06 PM
First MOTION to Compel Responses to Discovery Requests by Ameris Bank. Response to Motion due by 10/17/2024. 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.(Bryant, Wheeler) |
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Att: 1
Exhibit Plaintiff's Exhibits to Motion to Compel,
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Att: 2
Memo in Support Memorandum of Law in Support of Motion to Compel,
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Att: 3
Supporting Documents Certificate of Good Faith Compliance
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| 31 | 31
respm
Reply to Response to Motion
Thu 10/03 5:16 PM
REPLY to Response to Motion re28 MOTION for Protective Order Response filed by Randy J Rivers.(Bruner, Benjamin) |
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Att: 1
Exhibit 1 - Letter of Resignation,
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Att: 2
Exhibit 2 - Action of Shareholders,
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Att: 3
Exhibit 3 - Exceprt of Email from Scott Rivers to David White,
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Att: 4
Exhibit 4 - Ltr to Pl. Counsel with encl.
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| Thursday, September 26, 2024 | ||
| 30 | 30
respm
Response in Opposition to Motion
Thu 09/26 5:22 PM
RESPONSE in Opposition re28 MOTION for Protective Order Response filed by Ameris Bank.Reply to Response to Motion due by 10/3/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Bryant, Wheeler) |
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Att: 1
Exhibit Exhibits to Plaintiff's Response to Motion for Protective Order
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| Monday, September 23, 2024 | ||
| 29 | 29
motion
Extension of Time
Mon 09/23 5:12 PM
First MOTION for Extension of Time to Make Expert Disclosure by Ameris Bank. Response to Motion due by 10/7/2024. 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.(Bryant, Wheeler) |
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| Thursday, September 12, 2024 | ||
| 28 | 28
motion
Protective Order
Thu 09/12 4:14 PM
MOTION for Protective Order by Randy J Rivers. Response to Motion due by 9/26/2024. 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.(Bruner, Benjamin) |
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Att: 1
Exhibit Ex. 1 - 2024.08.13 - Discovery Request Served,
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Att: 2
Exhibit Ex. 2 - 2024.08.14 - Discovery Request Served
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| Monday, September 09, 2024 | ||
| 27 | 27
answer
Answer to Complaint
Mon 09/09 5:13 PM
Plaintiff/Counterclaim Defendant's ANSWER to Complaint /Counterclaim of Defendant Randy Rivers by Ameris Bank.(Bryant, Wheeler) |
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| 26 | 26
order
Clerks Entry of Default
Mon 09/09 9:56 AM
Clerk's ENTRY OF DEFAULT as to RPE Contracting, Inc and Michael Scott Rivers. (lgib, ) |
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| Tuesday, September 03, 2024 | ||
| 25 | 25
misc
Request for Entry of Default
Tue 09/03 5:08 PM
REQUEST FOR ENTRY OF DEFAULT byAmeris Bank.(Bryant, Wheeler) |
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Att: 1
Affidavit Declaration in Support of Request for Entry of Default Against RPE Contracting, Inc. and Michael Scott Rivers
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| 23 | 23
misc
Entry Deletion
Tue 09/03 3:05 PM
DELETION OF DOCKET ENTRY NUMBER 22 Reason: filed in error by filer. (lgib, ) |
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| Monday, August 26, 2024 | ||
| 22 | 22
motion
Default Judgment
Mon 08/26 2:27 PM
MOTION for Default Judgment as to RPE Contracting, Inc. and Michael Scott Rivers by Ameris Bank. Response to Motion due by 9/9/2024. 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.(Bryant, Wheeler) |
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Att: 1
Affidavit Declaration in Support of Motion for Entry of Default Against RPE Contracting, Inc. and Michael Scott Rivers,
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Att: 2
Certificate of Service Certificate of Service
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| 21 | 21
order
Order on Motion to Amend/Correct
Mon 08/26 11:17 AM
TEXT ORDER granting consent 20 Motion for Leave to Amend Answer. Signed by the Honorable Joseph Dawson, III on 8/26/2024. (lgib, ) |
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| Wednesday, August 21, 2024 | ||
| 20 | 20
motion
Amend/Correct
Wed 08/21 4:59 PM
MOTION to Amend/Correct10 Answer to Complaint by Randy J Rivers. Response to Motion due by 9/4/2024. 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.No proposed order.(Bruner, Benjamin) |
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Att: 1
Exhibit Proposed Amended Pleading,
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Att: 2
Exhibit Consent from Plaintiff's Counsel
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| Thursday, August 01, 2024 | ||
| 19 | 19
discov
Local Rule 26.03 Answers to Interrogatories
Thu 08/01 2:58 PM
Local Rule 26.03 Answers to Interrogatories by Ameris Bank.(Bryant, Wheeler) |
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| Wednesday, July 31, 2024 | ||
| 18 | 18
discov
Local Rule 26.03 Answers to Interrogatories
Wed 07/31 7:20 PM
Local Rule 26.03 Answers to Interrogatories by Randy J Rivers.(Bruner, Benjamin) |
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| Tuesday, July 30, 2024 | ||
| 17 | 17
service
Summons Returned Executed - Complaint Served
Tue 07/30 11:11 AM
SUMMONS Returned Executed by Ameris Bank. Proof of Service Michael Scott Rivers served on 7/17/2024, answer due 8/7/2024. (Bryant, Wheeler) |
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| 16 | 16
service
Summons Returned Executed - Complaint Served
Tue 07/30 11:10 AM
SUMMONS Returned Executed by Ameris Bank. Proof of Service RPE Contracting, Inc served on 7/17/2024, answer due 8/7/2024. (Bryant, Wheeler) |
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| Wednesday, July 17, 2024 | ||
| 15 | 15
order
Scheduling Order
Wed 07/17 3:36 PM
AMENDED SCHEDULING ORDER: 26(a) Initial Disclosures due by 7/31/2024, Rule 26 Report due by 7/31/2024, Motions to Amend Pleadings due by 8/21/2024, Plaintiffs ID of Expert Witness due by 9/23/2024, Defendants ID of Expert Witnesses Due by 10/23/2024, Records Custodian Affidavit due by 10/23/2024, Discovery due by 1/2/2025, Motions due by 2/22/2025, Jury Selection Deadline 5/22/2025, Mediation Due by 2/2/2025. Signed by the Honorable Joseph Dawson, III on 7/17/2024. (hcic, ) |
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| Tuesday, July 09, 2024 | ||
| 14 | 14
discov
Rule 26(f) Report
Tue 07/09 6:09 PM
First Rule 26(f) Report by Ameris Bank.(Bryant, Wheeler) |
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Att: 1
Proposed Order Proposed Amended Scheduling Order Via Stipulation of Parties
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| Thursday, June 06, 2024 | ||
| 13 | 13
order
Scheduling Order
Thu 06/06 12:02 PM
CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 6/27/2024, 26(a) Initial Disclosures due by 7/11/2024, Rule 26 Report due by 7/11/2024, Motions to Amend Pleadings due by 8/1/2024, Plaintiffs ID of Expert Witness due by 9/3/2024, Defendants ID of Expert Witnesses Due by 10/3/2024, Records Custodian Affidavit due by 10/3/2024, Discovery due by 12/2/2024, Motions due by 1/2/2025, Jury Selection Deadline 4/2/2025, Mediation Due by 12/2/2024. Signed by the Honorable Joseph Dawson, III on 6/6/2024. (lgib, ) |
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| Wednesday, June 05, 2024 | ||
| 11 | 11
discov
Local Rule 26.01 Answers to Interrogatories
Wed 06/05 4:15 PM
Local Rule 26.01 Answers to Interrogatories by Randy J Rivers.(Wall, Henry) |
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| 10 | 10
answer
Answer to Complaint
Wed 06/05 3:55 PM
ANSWER to1 Complaint,,,, by Randy J Rivers.(Wall, Henry) |
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| 9 | 9
notice
Notice of Appearance
Wed 06/05 3:52 PM
NOTICE of Appearance by Henry P Wall on behalf of Randy J Rivers (Wall, Henry) |
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| Wednesday, May 29, 2024 | ||
| 8 | 8
service
Summons Returned Unexecuted
Wed 05/29 11:50 AM
Summons Returned Unexecuted by Ameris Bank as to Michael Scott Rivers. (Bryant, Wheeler) |
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| Thursday, May 23, 2024 | ||
| 7 | 7
service
Summons Returned Executed - Complaint Served
Thu 05/23 2:38 PM
SUMMONS Returned Executed by Ameris Bank. Randy J Rivers served on 5/17/2024, answer due 6/7/2024. (Bryant, Wheeler) |
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| Tuesday, May 14, 2024 | ||
| 6 | 6
order
Order on Motion to Appear Pro Hac Vice
Tue 05/14 3:22 PM
TEXT ORDER granting 5 Motion in Support of Pro Hac Vice Application for David Allen Garland. Signed by the Honorable Joseph Dawson, III on 5/14/2024. (lgib, ) |
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| Monday, May 13, 2024 | ||
| 5 | 5
motion
Appear Pro Hac Vice (only one attorney per motion)
Mon 05/13 12:23 PM
MOTION to Appear Pro Hac Vice by David A. Garland ( Filing fee $ 350 receipt number ASCDC-11760209) by Ameris Bank. Response to Motion due by 5/28/2024. 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.Proposed order is being emailed to chambers with copy to opposing counsel.(Bryant, Wheeler) |
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Att: 1
Motion in Support of Pro Hac Vice Application
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| Thursday, May 09, 2024 | ||
| 4 | 4
service
Summons Issued
Thu 05/09 12:21 PM
Summons Issued as to RPE Contracting, Inc, Michael Scott Rivers, Randy J Rivers. Service due by 8/7/2024. (lgib, ) |
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| Wednesday, May 08, 2024 | ||
| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Thu 05/09 12:11 PM
Local Rule 26.01 Answers to Interrogatories by Ameris Bank. (lgib, ) |
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| 1 | 1
cmp
Complaint
Thu 05/09 12:09 PM
COMPLAINT against RPE Contracting, Inc, Michael Scott Rivers, Randy J Rivers (filing fee $ 405 receipt number BSCDC-11751421), filed by Ameris Bank. Service due by 8/6/2024. (lgib, ) |
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Att: 1
Exhibit 1 Master Lease Agreement and Lease Schedule No. 257604-001,
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Att: 2
Exhibit 2 Commencement Agreement Lease # 257604-001,
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Att: 3
Exhibit 3 Change Addendum Lease Agreement 257604-001,
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Att: 4
Exhibit 4 UCC Financing Statement Number 210423-1809185,
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Att: 5
Exhibit 5 Master Lease Agreement and Lease Schedule No. 257604-002,
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Att: 6
Exhibit 6 Addendum to Master Lease # 257604-002,
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Att: 7
Exhibit 7 Addendum I UCC 2A Supplier(s) Disclosure,
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Att: 8
Exhibit 8 Change Addendum Lease Agreement 257604-002,
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Att: 9
Exhibit 9 UCC Financing Statement Number 220201-1540026,
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Att: 10
Exhibit 10 Master Lease Agreement and Lease Schedule No. 442144-000,
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Att: 11
Exhibit 11 Addendum I UCC 2A Supplier(s) Disclosure,
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Att: 12
Exhibit 12 Change Addendum Lease Agreement 442144-000,
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Att: 13
Exhibit 13 UCC Financing Statement Number 230306-2004151,
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Att: 14
Exhibit 14 Continuing Guaranty,
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Att: 15
Exhibit 15 Personal Guranty
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