Scott v. American Superba Inc
| South Carolina District Court | |
| Judge: | R Bryan Harwell |
| Case #: | 4:16-cv-04019 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Dec 29, 2016 |
| Terminated: | Aug 16, 2019 |
| Last checked: Tuesday Jun 27, 2017 5:04 AM EDT |
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Defendant
American Superba Inc
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Represented By
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Plaintiff
Alexander Scott, Jr
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Represented By
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| Docket last updated: 04/20/2025 11:59 PM EDT |
| Tuesday, November 19, 2019 | ||
| 39 | 39
misc
Stipulation of Dismissal
Tue 11/19 3:22 PM
STIPULATION of Dismissal With Prejudice by American Superba Inc. (McDonald, John) |
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| Friday, August 16, 2019 | ||
| 38 | 38
1
pgs
order
Order Dismissing Case 60 Day Settlement Order
Fri 08/16 10:48 AM
ORDER DISMISSING CASE without costs and without prejudice to the right of either party, upon good cause shown within sixty (60) days, to reinstate the action if settlement is not consummated. Signed by Chief Judge R Bryan Harwell on 08/16/2019. (lsut, ) |
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| Wednesday, March 27, 2019 | ||
| 36 | 36
order
Scheduling Order
Wed 03/27 11:50 AM
SEVENTH AMENDED SCHEDULING ORDER. Discovery due by 9/25/2019, Motions due by 10/14/2019, Rule 26(a)(3) Disclosures due by 10/30/2019. 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 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 10/29/2019. Signed by Chief Judge R Bryan Harwell on 03/27/2019. (lsut, ) |
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| 35 | 35
order
Order on Motion to Amend/Correct
Wed 03/27 11:48 AM
TEXT ORDER granting 34 Motion to Amend/Correct. Signed by Chief Judge R Bryan Harwell on 03/27/2019. (lsut, ) |
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| Tuesday, March 26, 2019 | ||
| 34 | 34
motion
Amend/Correct
Tue 03/26 11:36 AM
Consent MOTION to Amend/Correct30 Scheduling Order,, by Alexander Scott, Jr. Response to Motion due by 4/9/2019. 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.(Crosby, Austin) |
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| Wednesday, February 06, 2019 | ||
| 33 | 33
4
pgs
order
Order on Motion to Amend/Correct
Wed 02/06 11:17 AM
ORDER: The Court DENIES Plaintiffs Motion to Amend Complaint [ECFNo. 27 ]. Signed by the Honorable R Bryan Harwell on 02/06/2019. (lsut, ) |
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| Thursday, January 10, 2019 | ||
| 32 | 32
respm
Reply to Response to Motion
Thu 01/10 5:23 PM
REPLY to Response to Motion re27 MOTION to Amend/Correct Complaint Response filed by Alexander Scott, Jr.(Crosby, Austin) |
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Att: 1
Exhibit 30(b)(6) transcript of American Superba, Inc.,
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Att: 2
Exhibit Directions for Use TVP/2S
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| Thursday, January 03, 2019 | ||
| 31 | 31
respm
Response in Opposition to Motion
Thu 01/03 4:47 PM
RESPONSE in Opposition re27 MOTION to Amend/Correct Complaint Response filed by American Superba Inc.Reply to Response to Motion due by 1/10/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Moore, E) |
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Att: 1
Exhibit A - Defalco Dep,
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Att: 2
Exhibit B - Photo of subject machine taken by Plaintiffs expert,
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Att: 3
Exhibit C - ASI Answers to Plaintiffs Interrogatories No. 12,
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Att: 4
Exhibit D - White Dep,
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Att: 5
Exhibit E - Llaneza Dep,
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Att: 6
Exhibit F - Scott Dep
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| Thursday, December 27, 2018 | ||
| 30 | 30
order
Scheduling Order
Thu 12/27 10:04 AM
SIXTH AMENDED SCHEDULING ORDER. Discovery due by 3/29/2019, Motions due by 4/15/2019, Rule 26(a)(3) Disclosures due by 4/3/2019. 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 05/02/2019. Signed by the Honorable R Bryan Harwell on 12/27/2018. (lsut, ) |
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| 29 | 29
order
Order on Motion to Amend/Correct
Thu 12/27 10:00 AM
TEXT ORDER granting 28 Motion to Amend/Correct. Signed by the Honorable R Bryan Harwell on 12/27/2018. (lsut, ) |
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| Thursday, December 20, 2018 | ||
| 28 | 28
motion
Amend/Correct
Thu 12/20 11:55 AM
Consent MOTION to Amend/Correct24 Scheduling Order,, by Alexander Scott, Jr. Response to Motion due by 1/3/2019. 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.(Crosby, Austin) |
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| 27 | 27
motion
Amend/Correct
Thu 12/20 11:53 AM
MOTION to Amend/Correct Complaint by Alexander Scott, Jr. Response to Motion due by 1/3/2019. 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.(Crosby, Austin) |
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Att: 1
Exhibit Ex. 1: Amended Complaint,
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Att: 2
Exhibit Ex. 2: Redlined Complaint,
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Att: 3
Exhibit Ex. 3: 30(b)(6) Deposition Excerpt
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| Friday, November 16, 2018 | ||
| 25 | 25
misc
Defendant's ID of Expert Witnesses
Fri 11/16 1:22 PM
DEFENDANT'S ID OF EXPERT WITNESSES by American Superba Inc.(McDonald, John) |
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| Tuesday, November 13, 2018 | ||
| 24 | 24
order
Scheduling Order
Tue 11/13 4:35 PM
FIFTH AMENDED SCHEDULING ORDER. Discovery due by 12/31/2018, Motions due by 1/15/2019, Rule 26(a)(3) Disclosures due by 3/28/2019, ADR Statement due by 2/13/2019, Mediation Due by 3/13/2019. 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 05/02/2019. Signed by the Honorable R Bryan Harwell on 11/13/2018. (lsut, ) |
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| 23 | 23
order
Order on Motion for Extension of Time
Tue 11/13 4:25 PM
TEXT ORDER granting 22 Motion for Extension of Time. Signed by the Honorable R Bryan Harwell on 11/13/2018. (lsut, ) |
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| Wednesday, October 24, 2018 | ||
| 22 | 22
motion
Extension of Time
Wed 10/24 12:35 PM
Consent MOTION for Extension of Time by American Superba Inc. Response to Motion due by 11/7/2018. 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. (McDonald, John) Modified on 10/24/2018 to remove proposed order (lsut, ) |
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| Tuesday, October 02, 2018 | ||
| 21 | 21
misc
Plaintiff's ID of Expert Witnesses
Tue 10/02 4:41 PM
PLAINTIFF'S ID OF EXPERT WITNESSES by Alexander Scott, Jr.(Crosby, Austin) |
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| Wednesday, May 30, 2018 | ||
| 20 | 20
order
Scheduling Order
Wed 05/30 2:29 PM
FOURTH AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 10/2/2018, Defendants ID of Expert Witnesses Due by 11/2/2018, Records Custodian Affidavit due by 11/2/2018, Discovery due by 12/31/2018, Motions due by 1/15/2019, Rule 26(a)(3) Disclosures due by 3/28/2019, ADR Statement due by 2/13/2019, Mediation Due by 3/13/2019. 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 05/02/2019. Signed by the Honorable R Bryan Harwell on 05/30/2018. (lsut, ) |
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| 19 | 19
order
Order on Motion to Amend/Correct
Wed 05/30 2:26 PM
TEXT ORDER granting 18 Motion to Amend/Correct. Signed by the Honorable R Bryan Harwell on 05/30/2018. (lsut, ) |
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| Tuesday, May 29, 2018 | ||
| 18 | 18
motion
Amend/Correct
Tue 05/29 2:15 PM
MOTION to Amend/Correct17 Scheduling Order,,, by Alexander Scott, Jr. Response to Motion due by 6/12/2018. 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.(Crosby, Austin) |
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| Monday, March 05, 2018 | ||
| 17 | 17
order
Scheduling Order
Mon 03/05 3:57 PM
THIRD CONSENT AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 6/4/2018, Defendants ID of Expert Witnesses Due by 7/5/2018, Records Custodian Affidavit due by 7/5/2018, Discovery due by 9/2/2018, Motions due by 9/17/2018, Rule 26(a)(3) Disclosures due by 11/28/2018, ADR Statement due by 10/13/2018, Mediation Due by 11/13/2018. Motions in limine must be filed at least three weeks prior to 1/2/2019. 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 1/2/2019. Signed by the Honorable R Bryan Harwell on 3/5/2018. (hcic, ) |
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| 16 | 16
order
Order on Motion to Amend/Correct
Mon 03/05 3:53 PM
TEXT ORDER granting 15 Motion to Amend/Correct Scheduling Order. Signed by the Honorable R Bryan Harwell on 3/5/2018. (hcic, ) |
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| Friday, March 02, 2018 | ||
| 15 | 15
motion
Amend/Correct
Fri 03/02 9:20 AM
MOTION to Amend/Correct14 Scheduling Order,,, by Alexander Scott, Jr. Response to Motion due by 3/16/2018. 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.(Crosby, Austin) |
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| Tuesday, December 05, 2017 | ||
| 14 | 14
order
Scheduling Order
Tue 12/05 9:51 AM
SECOND CONSENT AMENDED SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 3/5/2018, Defendants ID of Expert Witnesses Due by 4/5/2018, Records Custodian Affidavit due by 4/5/2018, Discovery due by 6/4/2018, Motions due by 6/18/2018, Rule 26(a)(3) Disclosures due by 8/30/2018, ADR Statement due by 7/15/2018, Mediation Due by 8/15/2018.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 October 3, 2018. Signed by the Honorable R Bryan Harwell on 12/05/2017. (lsut, ) |
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| 13 | 13
order
Order on Motion to Amend/Correct
Tue 12/05 9:47 AM
TEXT ORDER granting 12 Motion to Amend/Correct. Signed by the Honorable R Bryan Harwell on 12/05/2017. (lsut, ) |
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| Monday, December 04, 2017 | ||
| 12 | 12
motion
Amend/Correct
Mon 12/04 11:23 AM
MOTION to Amend/Correct Scheduling Order by Alexander Scott, Jr. Response to Motion due by 12/18/2017. 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.(Crosby, Austin) |
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| Friday, April 21, 2017 | ||
| 11 | 11
notice
Notice of Appearance
Fri 04/21 10:52 AM
NOTICE of Appearance by Christina Rae Fargnoli on behalf of American Superba Inc (Fargnoli, Christina) |
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| Monday, March 13, 2017 | ||
| 10 | 10
notice
Notice of Appearance
Mon 03/13 11:38 AM
NOTICE of Appearance by John L McDonald, Jr on behalf of American Superba Inc (McDonald, John) |
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| Wednesday, February 08, 2017 | ||
| 9 | 9
order
Scheduling Order
Wed 02/08 3:18 PM
AMENDED CONFERENCE AND SCHEDULING ORDER. Rule 26 Report due by 2/8/2017, Motions to Amend Pleadings due by 11/6/2017, Plaintiffs ID of Expert Witness due by 12/5/2017, Defendants ID of Expert Witnesses Due by 1/5/2018, Records Custodian Affidavit due by 1/5/2018, Discovery due by 3/5/2018, Motions due by 3/19/2018, Rule 26(a)(3) Disclosures due by 6/1/2018, ADR Statement due by 4/17/2018, Mediation Due by 5/17/2018. 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 7/5/2018. Signed by the Honorable R. Bryan Harwell on 2/8/2017. (hcic, ) |
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| Tuesday, February 07, 2017 | ||
| 8 | 8
discov
Local Rule 26.03 Answers to Interrogatories
Wed 02/08 8:38 AM
Joint Local Rule 26.03 Answers to Interrogatories by American Superba Inc. (hcic, ) |
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| 7 | 7
discov
Rule 26(f) Report
Tue 02/07 3:54 PM
Joint Rule 26(f) Report by American Superba Inc.(Moore, E) |
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Att: 1
Proposed Order Consent Scheduling Order,
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Att: 2
LR 26.03 Answers Joint Answers
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| Monday, January 09, 2017 | ||
| 6 | 6
notice
Notice and Acknowledgment of Removal
Mon 01/09 5:36 PM
NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Dillon County.(Moore, E) |
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Att: 1
State Court Documents
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| Thursday, January 05, 2017 | ||
| 5 | 5
order
Scheduling Order
Thu 01/05 1:56 PM
CONFERENCE AND SCHEDULING ORDER. Rule 26(f) Conference Deadline 1/25/2017, 26(a) Initial Disclosures due by 2/8/2017, Rule 26 Report due by 2/8/2017, Motions to Amend Pleadings due by 4/5/2017, Plaintiffs ID of Expert Witness due by 5/5/2017, Defendants ID of Expert Witnesses Due by 6/5/2017, Records Custodian Affidavit due by 6/5/2017, Discovery due by 8/3/2017, Motions due by 8/18/2017, Rule 26(a)(3) Disclosures due by 11/1/2017, ADR Statement due by 9/17/2017, Mediation Due by 10/17/2017. 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 12/4/2017. Signed by the Honorable R. Bryan Harwell on 1/5/2017. (hcic, ) |
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| 4 | 4
answer
Answer to Complaint
Thu 01/05 9:46 AM
ANSWER to Complaint by American Superba Inc.(Moore, E) |
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| Thursday, December 29, 2016 | ||
| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Thu 12/29 12:46 PM
Local Rule 26.01 Answers to Interrogatories with jury demand by American Superba Inc. (hcic, ) |
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| 1 | 1
cmp
Notice of Removal
Thu 12/29 12:45 PM
NOTICE OF REMOVAL from Dillon County Court of Common Pleas, case number 2016-CP 17-00596 (filing fee $400 receipt number 0420-6921069), filed by American Superba Inc. (hcic, ) |
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Att: 1
Exhibit A-State Court Summons and Complaint,
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Att: 2
Exhibit B NC Sec of State Bus Filing
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