South Carolina District Court
Judge:R Bryan Harwell
Case #: 4:16-cv-04019
Nature of Suit365 Torts - Personal Injury - Product Liability
Cause28:1332 Diversity-Personal Injury
Case Filed:Dec 29, 2016
Terminated:Aug 16, 2019
Last checked: Tuesday Jun 27, 2017 5:04 AM EDT
Defendant
American Superba Inc
Represented By
Christina Rae Fargnoli
Clawson And Staubes (chas)
contact info
John L McDonald, Jr
Clawson And Staubes (chas)
contact info
E Raymond Moore, III
Murphy And Grantland
contact info
Plaintiff
Alexander Scott, Jr
Represented By
Douglas Edmund Jennings
Yarborough Applegate
contact info
Ronnie L Crosby
Peters Murdaugh Parker Eltzroth And Detrick
contact info
Austin Howell Crosby
Peters Murdaugh Parker Eltzroth And Detrick
contact info
David B Yarborough, Jr
Yarborough Applegate
contact info


Docket last updated: 5 hours ago
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.,
Att: 2 Exhibit Directions for Use TVP/2S
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,
Att: 2 Exhibit B - Photo of subject machine taken by Plaintiffs expert,
Att: 3 Exhibit C - ASI Answers to Plaintiffs Interrogatories No. 12,
Att: 4 Exhibit D - White Dep,
Att: 5 Exhibit E - Llaneza Dep,
Att: 6 Exhibit F - Scott Dep
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)
Related: [-]
Att: 1 Exhibit Ex. 1: Amended Complaint,
Att: 2 Exhibit Ex. 2: Redlined Complaint,
Att: 3 Exhibit Ex. 3: 30(b)(6) Deposition Excerpt
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)
Related: [-]
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, )
Related: [-]
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,
Att: 2 LR 26.03 Answers Joint Answers
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
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,
Att: 2 Exhibit B NC Sec of State Bus Filing