Mungaray v. Abbot Laboratories, Inc. et al
South Carolina District Court | |
Judge: | David C Norton |
Referred: | Mary Gordon Baker |
Case #: | 2:24-cv-03909 |
Nature of Suit | 445 Civil Rights - Amer w/Disabilities-Employment |
Cause | 42:12117 Americans with Disabilities Act |
Case Filed: | Jul 11, 2024 |
Case in other court: | Charleston court of Common Pleas, 2024CP1002726 |
Last checked: Sunday Aug 25, 2024 6:03 AM EDT |
All Defendants
Alere Toxicology Services, Inc.,
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Defendant
Nationwide Testing Association, Inc.
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Represented By
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Defendant
Quantix SCS, LLC
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Represented By
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Plaintiff
Ruben Mungaray
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Represented By
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Docket last updated: 09/11/2024 11:59 PM EDT |
Wednesday, September 11, 2024 | ||
41 | 41
motion
Extension of Time Extension of Time to File Answer
Wed 09/11 4:01 PM
Consent MOTION for Extension of Time to File a Responsive Pleading , MOTION for Extension of Time to File Answer re33 Amended Complaint, ( Response to Motion due by 9/25/2024. 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. ) by Alere Toxicology Services, Inc.,. No proposed order.Motions referred to Mary Gordon Baker.(Moran, Wesley) |
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Wednesday, September 04, 2024 | ||
40 | 40
motion
Dismiss for Failure to State a Claim
Wed 09/04 5:08 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Quantix SCS, LLC. Response to Motion due by 9/18/2024. 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.Motions referred to Mary Gordon Baker.(Spence, Melissa) |
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Att: 1 Exhibit Excerpts from Quantix Handbook, | ||
Att: 2 Exhibit Excerpts from CDL Policy, | ||
Att: 3 Exhibit Confirmation of Quantix Handbook Receipt | ||
Tuesday, September 03, 2024 | ||
39 | 39
motion
Dismiss
Tue 09/03 12:29 PM
MOTION to Dismiss and Memorandum in Support by Nationwide Testing Association, Inc.. Response to Motion due by 9/17/2024. 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.Motions referred to Mary Gordon Baker.(Rogers, Christina) |
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Att: 1 Exhibit AAMRO Jermome Cooper MRO Biography Search, | ||
Att: 2 Exhibit Declaration of Trevor Clark | ||
Monday, August 26, 2024 | ||
37 | 37
misc
Stipulation of Dismissal
Mon 08/26 12:50 PM
STIPULATION of Dismissal Without Prejudice by Low Country Drug Screening LLC. (Shaw, Joshua) |
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Wednesday, August 21, 2024 | ||
36 | 36
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion for Judgment on the Pleadings
Wed 08/21 1:33 PM
TEXT ORDER finding as moot 29 Motion to Dismiss for Failure to State a Claim; finding as moot 29 Motion for Judgment on the Pleadings. On August 21, 2024, the Court granted Plaintiff's Motion to Amend/Correct his Complaint (Dkt. No. 31) and ordered Plaintiff to file his Amended Complaint by August 23, 2024. (Dkt. No. 32.) On that same day, Plaintiff filed an Amended Complaint. (Dkt. No. 33.) As such, Defendant Low Country Drug Screening LLC's pending Motion to Dismiss or, in the alternative, Motion for Judgment on the Pleadings (Dkt. No. 29) pertains to an outdated complaint and is therefore rendered MOOT. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 08/21/2024.(kman, Kendall) |
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35 | 35
order
Order on Motion to Dismiss
Wed 08/21 1:30 PM
TEXT ORDER finding as moot 15 Motion to Dismiss. On August 21, 2024, the Court granted Plaintiff's Motion to Amend/Correct his Complaint (Dkt. No. 31) and ordered Plaintiff to file his Amended Complaint by August 23, 2024. (Dkt. No. 32.) On that same day, Plaintiff filed an Amended Complaint. (Dkt. No. 33.) As such, Defendant Nationwide Testing Association, Inc.'s pending Motion to Dismiss (Dkt. No. 15) pertains to an outdated complaint and is therefore rendered MOOT. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 08/21/2024.(kman, Kendall) |
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34 | 34
order
Order on Motion to Dismiss for Failure to State a Claim
Wed 08/21 1:28 PM
TEXT ORDER finding as moot 8 Motion to Dismiss for Failure to State a Claim. On August 21, 2024, the Court granted Plaintiff's Motion to Amend/Correct his Complaint (Dkt. No. 31) and ordered Plaintiff to file his Amended Complaint by August 23, 2024. (Dkt. No. 32.) On that same day, Plaintiff filed an Amended Complaint. (Dkt. No. 33.) As such, Defendant Quantix SCS, LLC's pending Motion to Dismiss (Dkt. No. 8) pertains to an outdated complaint and is therefore rendered MOOT. IT IS SO ORDERED. Entered at the direction of Magistrate Judge Mary Gordon Baker on 08/21/2024.(kman, Kendall) |
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33 | 33
cmp
Amended Complaint
Wed 08/21 1:17 PM
AMENDED COMPLAINT against Nationwide Testing Association, Inc., Quantix SCS, LLC, Alere Toxicology Services, Inc.,, filed by Ruben Mungaray. Service due by 11/19/2024 (Mullaney, Marybeth) |
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Att: 1 Exhibit Ex 1 Right to Sue Letter, | ||
Att: 2 Exhibit Ex 2 Plaintiff's Drug Screen, | ||
Att: 3 Exhibit Ex 3 Quantix Handbook Excerpt | ||
32 | 32
order
Order on Motion to Amend/Correct
Wed 08/21 1:04 PM
TEXT ORDER granting 31 Consent Motion to Amend/Correct. Plaintiff is ORDERED to file the Amended Complaint (Dkt. No. 31-1) by August 23, 2024. Entered at the direction of Magistrate Judge Mary Gordon Baker on 08/21/2024.(kman, Kendall) |
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Tuesday, August 20, 2024 | ||
31 | 31
motion
Amend/Correct
Tue 08/20 2:08 PM
Consent MOTION to Amend/Correct8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,15 MOTION to Dismiss and Memorandum in Support ,29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative for Judgment on the Pleadings MOTION for Judgment on the Pleadings CONSENT MOTION TO AMEND COMPLAINT by Ruben Mungaray. Response to Motion due by 9/3/2024. 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.Motions referred to Mary Gordon Baker.(Mullaney, Marybeth) |
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Att: 1 Exhibit Ex A Proposed Amended Complaint, | ||
Att: 2 Exhibit Ex B RTS, | ||
Att: 3 Exhibit Ex C Plaintiff's Drug Screen, | ||
Att: 4 Exhibit Ex D Quantix's Handbook Excerpt | ||
Friday, August 16, 2024 | ||
29 | 29
motion
Dismiss for Failure to State a Claim Judgment on the Pleadings
Fri 08/16 3:48 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM or, in the Alternative for Judgment on the Pleadings , MOTION for Judgment on the Pleadings ( Response to Motion due by 8/30/2024. 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. ) by Low Country Drug Screening LLC.No proposed order.Motions referred to Mary Gordon Baker.(Shaw, Joshua) |
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Att: 1 Memo in Support, | ||
Att: 2 Exhibit A. Affidavit of Jean Simmons, | ||
Att: 3 Exhibit 1. Low Country Drug Screening's Chain of Custody | ||
28 | 28
answer
Answer to Complaint
Fri 08/16 3:36 PM
ANSWER to Complaint by Low Country Drug Screening LLC.(Shaw, Joshua) |
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Wednesday, August 07, 2024 | ||
27 | 27
order
Order on Motion for Extension of Time Order on Motion for Extension of Time to File Response/Reply
Wed 08/07 9:56 AM
TEXT ORDER granting 24 , 25 Motions for Extension of Time. Plaintiff's deadline to respond to Defendant Quantix SCS, LLC's Motion to Dismiss is extended to August 20, 2024. Plaintiff's deadline to respond to Nationwide Testing Association, Inc's Motion to Dismiss is extended to August 28, 2024. Absent extraordinary circumstances, no further extensions will be granted. Entered at the direction of Magistrate Judge Mary Gordon Baker on 8/7/24.(akob, ) |
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Tuesday, August 06, 2024 | ||
26 | 26
notice
Notice of Appearance
Tue 08/06 3:48 PM
NOTICE of Appearance by Hunter D Williams on behalf of Low Country Drug Screening LLC (Williams, Hunter) |
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25 | 25
motion
Extension of Time to File Response/Reply
Tue 08/06 12:43 PM
Consent MOTION for Extension of Time to File Response/Reply as to15 MOTION to Dismiss and Memorandum in Support by Ruben Mungaray. Response to Motion due by 8/20/2024. 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.Motions referred to Mary Gordon Baker.(Mullaney, Marybeth) |
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Att: 1 Proposed Order Proposed Order Granting Extension of Time | ||
24 | 24
motion
Extension of Time
Tue 08/06 10:05 AM
Consent MOTION for Extension of Time for Plaintiff to file his Response to Defendant Quantixs Motion to Dismiss by Ruben Mungaray. Response to Motion due by 8/20/2024. 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.Motions referred to Mary Gordon Baker.(Mullaney, Marybeth) |
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Att: 1 Proposed Order | ||
23 | 23
order
Order on Motion for Extension of Time to Answer
Tue 08/06 9:33 AM
TEXT ORDER granting 22 Motion for Extension of Time. Defendant Abbott Laboratories, Inc must file an answer or otherwise plead by August 28, 2024. Entered at the direction of Magistrate Judge Mary Gordon Baker on 8/6/24.(akob, ) |
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Monday, August 05, 2024 | ||
22 | 22
motion
Extension of Time to File Answer
Mon 08/05 3:31 PM
Consent MOTION for Extension of Time to File Answer by Abbot Laboratories, Inc.. Response to Motion due by 8/19/2024. 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.Motions referred to Mary Gordon Baker.(Moran, Wesley) |
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Friday, August 02, 2024 | ||
21 | 21
misc
Consent to Removal from State Court
Fri 08/02 4:26 PM
CONSENT TO REMOVAL FROM STATE COURT by Low Country Drug Screening LLC. (Shaw, Joshua) |
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20 | 20
service
Certificate of Service
Fri 08/02 2:37 PM
CERTIFICATE OF SERVICE by Ruben Mungaray of Low Country Drug Screening, LLC(Mullaney, Marybeth) |
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Att: 1 Exhibit Ex. 1 - Certified Mail Receipt | ||
Thursday, August 01, 2024 | ||
19 | 19
notice
Notice of Appearance
Thu 08/01 9:11 AM
NOTICE of Appearance by G Mark Phillips on behalf of Abbot Laboratories, Inc. (Phillips, G) |
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Wednesday, July 31, 2024 | ||
18 | 18
discov
Local Rule 26.01 Answers to Interrogatories
Wed 07/31 2:26 PM
Local Rule 26.01 Answers to Interrogatories by Abbot Laboratories, Inc..(Moran, Wesley) |
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17 | 17
notice
Notice of Joinder
Wed 07/31 11:15 AM
NOTICE OF JOINDER re1 Notice of Removal by Wesley Tyler Moran on behalf of Abbot Laboratories, Inc. (Moran, Wesley) |
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Wednesday, July 24, 2024 | ||
16 | 16
discov
Local Rule 26.01 Answers to Interrogatories
Wed 07/24 11:54 AM
Local Rule 26.01 Answers to Interrogatories by Nationwide Testing Association, Inc..(Rogers, Christina) |
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15 | 15
motion
Dismiss
Wed 07/24 11:53 AM
MOTION to Dismiss and Memorandum in Support by Nationwide Testing Association, Inc.. Response to Motion due by 8/7/2024. 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.Motions referred to Mary Gordon Baker.(Rogers, Christina) |
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14 | 14
order
Order on Motion for Extension of Time
Wed 07/24 9:19 AM
TEXT ORDER granting 13 Motion for Extension of Time. Plaintiff's deadline to respond to Defendant Quantix SCS LLC's Motion to Dismiss (Dkt. No. 8) is extended to August 13, 2024. Entered at the direction of Magistrate Judge Mary Gordon Baker on 7/24/24.(akob, ) |
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Tuesday, July 23, 2024 | ||
13 | 13
motion
Extension of Time
Tue 07/23 2:45 PM
Consent MOTION for Extension of Time to file Response to Quantix's Motion to Dismiss by Ruben Mungaray. Response to Motion due by 8/6/2024. 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.Motions referred to Mary Gordon Baker.(Mullaney, Marybeth) |
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Att: 1 Proposed Order Proposed Order | ||
Thursday, July 18, 2024 | ||
12 | 12
notice
Notice of Change of Case Number
Thu 07/18 10:17 AM
NOTICE OF CHANGE OF CASE NUMBER to 2:24-cv-3909-DCN-MGB. (dgar) |
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11 | 11
misc
Case Reassigned CV
Thu 07/18 9:49 AM
Case Reassigned to Magistrate Judge Mary Gordon Baker. Magistrate Judge Kevin McDonald no longer assigned to the case. (bshr, ) |
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Wednesday, July 17, 2024 | ||
10 | 10
notice
Notice of Appearance
Wed 07/17 12:29 PM
NOTICE of Appearance by Christina Landsdowne Rogers on behalf of Nationwide Testing Association, Inc. (Rogers, Christina) |
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9 | 9
notice
Notice of Appearance
Wed 07/17 12:27 PM
NOTICE of Appearance by Cherie Wilson Blackburn on behalf of Nationwide Testing Association, Inc. (Blackburn, Cherie) |
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Tuesday, July 16, 2024 | ||
8 | 8
motion
Dismiss for Failure to State a Claim
Tue 07/16 3:38 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Quantix SCS, LLC. Response to Motion due by 7/30/2024. 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.Motions referred to Kevin McDonald.(Spence, Melissa) |
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Monday, July 15, 2024 | ||
7 | 7
notice
Notice and Acknowledgment of Removal
Mon 07/15 5:12 PM
NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Charleston County County.(Spence, Melissa) |
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Att: 1 Acknowledgment of Receipt of Notice of Removal | ||
Thursday, July 11, 2024 | ||
6 | 6
discov
Local Rule 26.01 Answers to Interrogatories
Thu 07/11 5:12 PM
Plaintiff's Local Rule 26.01 Answers to Interrogatories by Ruben Mungaray.(Mullaney, Marybeth) |
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4 | 4
notice
Notice Other
Thu 07/11 2:27 PM
CLERK'S NOTICE: Plaintiff's Local Rule 26.01 Interrogatories (including section H) are due fourteen (14) days after removal. Notice of Removals: Federal Rule 81.C.2. A defendant who did not answer before removal must answer or present other defenses or objections under these rules within the longest of these periods: (C) seven (7) days after the notice of removal is filed. (pbri, ) (pbri, ) |
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3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Thu 07/11 2:25 PM
Local Rule 26.01 Answers to Interrogatories by Quantix SCS, LLC.(pbri, ) |
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1 | 1
cmp
Notice of Removal
Thu 07/11 2:20 PM
NOTICE OF REMOVAL from Charleston County Court of Common Pleas, case number 2024CP1002726. (Filing fee $ 405 receipt number ASCDC-11870783), filed by Quantix SCS, LLC.(pbri, ) |
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Att: 1 State Court Documents # 2 Cert of SVC |