Mendofik v. West (4:17-cv-03024), South Carolina District Court

Mendofik v. West

South Carolina District Court
Judge:R Bryan Harwell
Case #: 4:17-cv-03024
Nature of Suit350 Torts - Personal Injury - Motor Vehicle
Cause28:1332 Diversity-Auto Negligence
Case Filed:Nov 07, 2017
Terminated:May 20, 2019
Last checked: Sunday May 06, 2018 5:09 AM EDT
Defendant
Elvin West
Represented By
Brandon Paul Jones
Mckay Cauthen Settana And Stubley
contact info
Plaintiff
Brenda L Mendofik
Represented By
Sydney Jones Lynn
Joye Law Firm
contact info


Docket last updated: 07/23/2023 11:59 PM EDT
Monday, May 20, 2019
25 25 misc Stipulation of Dismissal Mon 05/20 2:14 PM
STIPULATION of Dismissal With Prejudice by Elvin West. (Bisset, Christina)
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Tuesday, February 19, 2019
24 24 notice Notice of Request for Protection from Court Appearance Tue 02/19 4:19 PM
NOTICE of Request for Protection from Court Appearance by Christina A Bisset for May 20-28, 2019 October 7-16, 2019 (Bisset, Christina)
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Wednesday, August 15, 2018
23 23 misc Entry Deletion Wed 08/15 2:48 PM
DELETION OF DOCKET ENTRY NUMBER 19 Reason: Filed in error. Deleted at request of filer after filing. (lsut, )
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Monday, August 13, 2018
22 22 order Scheduling Order Mon 08/13 5:48 PM
CONSENT SECOND AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 12/15/2018, Defendants ID of Expert Witnesses Due by 2/11/2019, Records Custodian Affidavit due by 5/15/2019, Discovery due by 4/8/2019, Motions due by 7/15/2019, Rule 26(a)(3) Disclosures due by 8/15/2019, ADR Statement due by 6/15/2019, Mediation Due by 7/15/2019. Motions in limine must be filed at least three weeks prior to date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after 09/15/2019. Signed by the Honorable R Bryan Harwell on 08/13/2018. (lsut, )
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21 21 order Order on Motion to Amend/Correct Mon 08/13 5:16 PM
TEXT ORDER granting 20 Motion to Amend/Correct. Signed by the Honorable R Bryan Harwell on 08/13/2018. (lsut, )
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Friday, August 10, 2018
20 20 motion Amend/Correct Fri 08/10 11:59 AM
Second MOTION to Amend/Correct Scheduling Order by Elvin West. Response to Motion due by 8/24/2018. 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.(Bisset, Christina)
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Tuesday, July 10, 2018
19 19 motion Amend/Correct Tue 07/10 2:34 PM
Second MOTION to Amend/Correct Scheduling Order by Elvin West. Response to Motion due by 7/24/2018. 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.(Bisset, Christina)
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Wednesday, June 27, 2018
17 17 2 pgs order Order on Motion to Substitute Attorney Wed 06/27 11:50 AM
ORDER granting 16 Motion to Substitute Attorney. Signed by the Honorable R Bryan Harwell on 06/27/2018.(lsut, )
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Tuesday, June 26, 2018
16 16 motion Substitute Attorney Tue 06/26 2:15 PM
MOTION to Substitute Attorney by Elvin West. Response to Motion due by 7/10/2018. 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.(Jones, Brandon)
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Monday, June 25, 2018
15 15 service Certificate of Service Mon 06/25 3:03 PM
CERTIFICATE OF SERVICE by Brenda L Mendofik(Lynn, Sydney)
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Att: 1 Exhibit Acceptance of Service
Tuesday, June 12, 2018
14 14 notice Notice of Appearance Tue 06/12 11:33 AM
NOTICE of Appearance by Christina A Bisset on behalf of Elvin West (Bisset, Christina)
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Wednesday, December 13, 2017
13 13 order Scheduling Order Wed 12/13 2:22 PM
CONSENT AMENDED SCHEDULING ORDER. 26(a) Initial Disclosures due by 12/13/2017, Rule 26 Report due by 12/13/2017, Motions to Amend Pleadings due by 2/7/2018, Plaintiffs ID of Expert Witness due by 3/9/2018, Defendants ID of Expert Witnesses Due by 5/9/2018, Records Custodian Affidavit due by 5/9/2018, Discovery due by 7/9/2018, Motions due by 7/24/2018, Rule 26(a)(3) Disclosures due by 10/9/2018, ADR Statement due by 8/24/2018, Mediation Due by 9/24/2018. Motions in limine must be filed at least three weeks prior to the date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after 12/10/2018. Signed by the Honorable R Bryan Harwell on 12/13/2017. (hcic, )
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12 12 discov Local Rule 26.03 Answers to Interrogatories Wed 12/13 9:47 AM
Joint Local Rule 26.03 Answers to Interrogatories by Elvin West.(Jones, Brandon)
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11 11 misc Joint Stipulation Wed 12/13 9:46 AM
JOINT STIPULATION by Elvin West. (Jones, Brandon)
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10 10 discov Rule 26(f) Report Wed 12/13 9:45 AM
Joint Rule 26(f) Report by Elvin West. (Jones, Brandon) Modified on 12/13/2017 to remove proposed order (lsut, )
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Monday, November 13, 2017
9 9 order Order Mon 11/13 2:11 PM
TEXT ORDER: Having reviewed the Defendant's response to the Court's TEXT SUA SPONTE ORDER TO SHOW CAUSE, the Court is satisfied that the amount in controversy exceeds the jurisdictional amount and it has diversity jurisdiction over this matter pursuant to 28 U.S.C. � 1332. Signed by Honorable R Bryan Harwell on 11/13/2017. (tmcb, )
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Sunday, November 12, 2017
8 8 misc Response to Order to Show Cause Sun 11/12 1:48 PM
RESPONSE TO ORDER TO SHOW CAUSE by Elvin West.(Jones, Brandon)
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Att: 1 Exhibit Email from Plaintiff's counsel dated November 12, 2017
Thursday, November 09, 2017
7 7 order Scheduling Order Thu 11/09 12:03 PM
CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 11/29/2017, 26(a) Initial Disclosures due by 12/13/2017, Motions to Amend Pleadings due by 2/7/2018, Plaintiffs ID of Expert Witness due by 3/9/2018, Defendants ID of Expert Witnesses Due by 4/9/2018, Records Custodian Affidavit due by 4/9/2018, Discovery due by 6/7/2018, Motions due by 6/22/2018, Rule 26(a)(3) Disclosures due by 9/5/2018, ADR Statement due by 7/21/2018, Mediation Due by 8/21/2018. Motions in limine must be filed at least three weeks prior to date set for jury selection. Responses to motions in limine shall be filed within seven (7) days after the motion is filed. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. This case is subject to being called for jury selection and/or trial on or after November 5, 2018. Signed by the Honorable R Bryan Harwell on 11/9/2017. (lsut, )
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Wednesday, November 08, 2017
5 5 order Order Wed 11/08 1:44 PM
SUA SPONTE TEXT ORDER TO SHOW CAUSE: The Defendant removed this case from state court pursuant to 28 U.S.C. �� 1441 and 1446. Under � 1441(a), a defendant is permitted to remove a case to federal court if the court would have had original jurisdiction over the matter. District courts have original jurisdiction "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different States." 28 U.S.C. � 1332(a)(1). In the instant case, the Defendant bases federal jurisdiction upon diversity jurisdiction pursuant to � 1332. However, the Plaintiff did not specify any monetary amount of damages or clearly allege the jurisdictional amount in the Complaint, and the Defendant's notice of removal fails to allege facts adequate to establish that the amount in controversy exceeds the jurisdictional amount. Thus, the amount in controversy is unclear, and this Court may lack diversity jurisdiction. Removal statutes are strictly construed against removal, and any doubts concerning the propriety of removal must be resolved in favor of retained state court jurisdiction. Marshall v. Manville Sales Corp., 6 F.3d 229, 232 (4th Cir. 1993). In addition,"[t]he party seeking removal bears the burden of demonstrating that removal jurisdiction is proper." In Re Blackwater Security Consulting, LLC, 460 F.3d 576, 583 (4th Cir. 2006) (citation omitted). This includes establishing compliance with the removal statute requirements. See Marler v. Amoco Oil Co., 793 F. Supp. 656, 658-59 (E.D.N.C. 1992). Courts must narrowly interpret removal jurisdiction because of the significant federalism concerns that are raised by removing proceedings from state court. Id. Thus, all doubts are resolved in favor of remand. See Shamrock Oil & Gas Corp. v. Sheets, 313 U.S. 100, 108-09 (1941); see also Mulcahey v. Columbia Organic Chems. Co., Inc., 29 F.3d 148, 151 (4th Cir. 1994). THEREFORE, IT IS ORDERED that, not later than five calendar days from the filing of this Order, Defendant shall brief the Court and SHOW CAUSE why this case should not be remanded to the State court for the foregoing reasons. Plaintiff shall file a response not later than five calendar days thereafter and, in that response, include a clarification as to whether Plaintiff intended to pursue, at the time of filing the original complaint, damages in excess of the jurisdictional amount of $75,000. If Plaintiff did not intend to pursue damages adequate to satisfy the jurisdictional threshold at the time of filing and if Plaintiff stipulates to such limitation having a binding effect, the Court will remand this matter to state court. Failure to comply with this order may result in dismissal without prejudice of Plaintiff's case. Signed by Honorable R Bryan Harwell on 11/8/2017. (tmcb, )
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Tuesday, November 07, 2017
4 4 answer Answer to Complaint Tue 11/07 5:35 PM
ANSWER to Complaint by Elvin West.(Jones, Brandon)
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3 3 discov Local Rule 26.01 Answers to Interrogatories Tue 11/07 5:21 PM
Local Rule 26.01 Answers to Interrogatories by Elvin West. (lsut, )
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1 1 cmp Notice of Removal Tue 11/07 5:20 PM
NOTICE OF REMOVAL from Horry County Court of Common Pleas, case number 2017-CP 26-05417 (filing fee $400 receipt number 0420-7451575), filed by Elvin West. (lsut, )
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Att: 1 State Court Documents