South Carolina District Court
Judge:Joseph Dawson, III
Referred: Kaymani D West
Case #: 4:25-cv-01347
Nature of Suit442 Civil Rights - Employment
Cause42:2000 Job Discrimination (Race)
Case Filed:Mar 05, 2025
Last checked: Saturday Apr 19, 2025 5:44 AM EDT
Defendant
Eric Bingaman
Defendant
Janet Ayyad Ismail
Represented By
D Michael Henthorne
Ogletree Deakins Nash Smoak And Stewart (cola)
contact info
Defendant
Thermofisher Scientific
Defendant
Austin Maintenance & Construction Inc
Represented By
D Michael Henthorne
Ogletree Deakins Nash Smoak And Stewart (cola)
contact info
Plaintiff
Herschel Jarmal Ham
2212 West John Paul Jones Road
Effingham, SC 29541


Docket last updated: 6 hours ago
Wednesday, May 14, 2025
39 39 misc Document Mailed Wed 05/14 12:39 PM
***DOCUMENT MAILED:38 Roseboro Order w/NEF, placed in U.S. Mail from Florence Clerk's Office to Herschel Jarmal Ham, 2212 West John Paul Jones Road, Effingham, SC 29541. (prou, )
Related: [-]
38 38 order Roseboro Order Wed 05/14 12:37 PM
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 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response to Motion due by 6/16/2025. 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. Signed by Magistrate Judge Kaymani D West on 5/14/2025. (prou, )
Related: [-]
Tuesday, May 13, 2025
37 37 discov Local Rule 26.01 Answers to Interrogatories Tue 05/13 4:28 PM
Local Rule 26.01 Answers to Interrogatories by Austin Maintenance & Construction Inc, Janet Ayyad Ismail.(Henthorne, D)
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36 36 motion Dismiss for Failure to State a Claim Tue 05/13 11:41 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Compel Arbitration by Austin Maintenance & Construction Inc, Janet Ayyad Ismail. Response to Motion due by 5/27/2025. 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.No proposed order.Motions referred to Kaymani D West.(Henthorne, D)
Related: [-]
Att: 1 Exhibit A - Declaration of Robert Kasubinski,
Att: 2 Exhibit B - Austin Open Door - Arbitration Agreement,
Att: 3 Exhibit C - Declaration of Janet Ayyad Ismail
Monday, May 12, 2025
35 35 service Summons Returned Executed - Complaint Served Mon 05/12 1:06 PM
USM-285 Returned Executed. Eric Bingaman served on 4/11/2025. (prou, )
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34 34 service Summons Returned Executed - Complaint Served Mon 05/12 12:59 PM
USM-285 Returned Executed. Thermofisher Scientific served on 4/11/2025. (prou, )
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Monday, April 28, 2025
33 33 misc Document Mailed Mon 04/28 11:38 AM
***DOCUMENT MAILED: 32 Text Order on Motion for Extension of Time to Answer, placed in U.S. Mail from Florence Clerk's Office to Herschel Jarmal Ham, 2212 West John Paul Jones Road, Effingham, SC 29541. (prou, )
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32 32 order Order on Motion for Extension of Time to Answer Mon 04/28 11:35 AM
TEXT ORDER: On April 24, 2025, Defendants Thermo Fisher Scientific and Eric Bingaman filed a Motion for Extension of Time, ECF No. 30 , seeking additional time to file an Answer. These Defendants assert they need additional time to investigate the claims in the Complaint and seek an additional 21 days to file a responsive pleading. Upon review, the court grants the Motion, ECF No. 30 . Defendants Thermo Fisher Scientific and Eric Bingaman now have through May 23, 2025 to file an Answer or otherwise plead. Signed by Magistrate Judge Kaymani D West on 4/28/2025.(prou, )
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Thursday, April 24, 2025
31 31 discov Local Rule 26.01 Answers to Interrogatories Thu 04/24 10:58 AM
Local Rule 26.01 Answers to Interrogatories by Eric Bingaman, Thermofisher Scientific.(Nitto, Amanda)
Related: [-]
30 30 motion Extension of Time to File Answer Thu 04/24 10:55 AM
MOTION for Extension of Time to File Answer re1 Complaint by Eric Bingaman, Thermofisher Scientific. Response to Motion due by 5/8/2025. 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.Motions referred to Kaymani D West.(Nitto, Amanda)
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Monday, April 21, 2025
29 29 service Summons Returned Executed - Complaint Served Mon 04/21 2:31 PM
USM Form-299 Returned Executed. Austin Industries Inc served on 4/4/2025. (prou, )
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28 28 service Summons Returned Executed - Complaint Served Mon 04/21 2:20 PM
USM Form-299 Returned Executed. Janet Ayyad Ismail served on 4/4/2025. (prou, )
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Thursday, April 17, 2025
27 27 misc Document Mailed Thu 04/17 11:22 AM
***DOCUMENT MAILED: 26 Text Order, placed in U.S. Mail from Florence Clerk's Office to Herschel Jarmal Ham, 2212 West John Paul Jones Road, Effingham, SC 29541. (prou, )
Related: [-]
26 26 order Order Thu 04/17 11:20 AM
TEXT ORDER: The Defendant named as Austin Industries, Inc. in the Complaint, has appeared through counsel and indicated it is incorrectly identified. Austin Maintenance & Construction, Inc. is the entity that formerly employed Plaintiff. ECF No. 23 at 1 n.1. Defense counsel has indicated he "will accept service of an amended summons and pleading reflecting Austin Maintenance & Construction, Inc., as the correct corporate party-defendant or, alternatively, consents to the administrative correction of its name by the Court." Id. In the interest of judicial economy, the court hereby instructs the Clerk of Court to change the docket to reflect the proper name of this Defendant from Austin Industries, Inc. to Austin Maintenance & Construction, Inc. Signed by Magistrate Judge Kaymani D West on 4/17/2025. (prou, )
Related: [-]
25 25 misc Document Mailed Thu 04/17 10:38 AM
***DOCUMENT MAILED: 24 Text Order on Motion for Extension of Time to Answer, placed in U.S. Mail from Florence Clerk's Office to Herschel Jarmal Ham, 2212 West John Paul Jones Road, Effingham, SC 29541. (prou, )
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24 24 order Order on Motion for Extension of Time to Answer Thu 04/17 10:36 AM
TEXT ORDER granting 23 Motion for Extension of Time to Answer re 1 Complaint. Austin Industries Inc and Janet Ayyad Ismail now have until May 13, 2025 to respond to the 1 Complaint. Signed by Magistrate Judge Kaymani D West on 4/17/2025.(prou, )
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Wednesday, April 16, 2025
23 23 motion Extension of Time to File Answer Wed 04/16 3:52 PM
MOTION for Extension of Time to File Answer re1 Complaint by Austin Industries Inc, Janet Ayyad Ismail. Response to Motion due by 4/30/2025. 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.Motions referred to Kaymani D West.(Henthorne, D)
Related: [-]
Wednesday, March 26, 2025
20 20 service Summons Issued Wed 03/26 1:06 PM
Summons Issued as to Austin Industries Inc, Eric Bingaman, Janet Ayyad Ismail, Thermofisher Scientific. Service due by 6/24/2025. (prou, )
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19 19 misc Document Mailed Wed 03/26 1:03 PM
***DOCUMENT MAILED:18 Order Service - Non-Inmate w/NEF, placed in U.S. Mail from Florence Clerk's Office to Herschel Jarmal Ham, 2212 West John Paul Jones Road, Effingham, SC 29541. (prou, )
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18 18 2 pgs order Order - Service - Non-Inmate Wed 03/26 12:59 PM
ORDER authorizing service of process by clerk. Signed by Magistrate Judge Kaymani D West on 3/26/2025. (prou, )
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Friday, March 07, 2025
13 13 misc Document Mailed Fri 03/07 2:48 PM
***DOCUMENTS MAILED:11 Proper Form Order w/NEF, 12 Order on Motion for Leave to Proceed in forma pauperis, Summons, and four USM-285 Forms, placed in U.S. Mail from Florence Clerk's Office to Herschel Jarmal Ham, 2212 West John Paul Jones Road, Effingham, SC 29541. (prou, )
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12 12 order Order on Motion for Leave to Proceed In Forma Pauperis Fri 03/07 2:45 PM
ORDER granting 3 Motion for Leave to Proceed in forma pauperis per 11 Proper Form Order. Signed by Magistrate Judge Kaymani D West on 3/7/2025.(prou, )
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11 11 order Proper Form Order Fri 03/07 2:43 PM
PROPER FORM ORDER: Case to be brought into proper form by 3/28/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 3/7/2025. (prou, )
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Wednesday, March 05, 2025
4 4 discov Local Rule 26.01 Answers to Interrogatories Thu 03/06 10:02 AM
Local Rule 26.01 Answers to Interrogatories with jury demand by Herschel Jarmal Ham.(prou, )
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3 3 motion Proceed In Forma Pauperis Thu 03/06 10:00 AM
MOTION for Leave to Proceed in forma pauperis Related [+] by Herschel Jarmal Ham. Response to Motion due by 3/19/2025. 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.Motions referred to Kaymani D West.(prou, )
Related: [-] stricted Access
1 1 7 pgs cmp Complaint Thu 03/06 9:58 AM
COMPLAINT against Austin Industries Inc, Eric Bingaman, Janet Ayyad Ismail, Thermofisher Scientific, filed by Herschel Jarmal Ham. Service due by 6/3/2025.(prou, )
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Att: 1 Supporting Documents