Case details

Court: scd
Docket #: 4:14-cv-02589
Case Name: McDonald v. Green Energy Solutions Inc et al
PACER case #: 213568
Date filed: 2014-06-25
Assigned to: Honorable R Bryan Harwell
Case Cause: 28:1331 Fed. Question
Nature of Suit: 890 Other Statutory Actions
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Sidney L McDonald
Plaintiff
TERMINATED: 09/09/2015
Alice W Parham Casey
Wyche Law Office 801 Gervais Street Suite B Columbia, SC 29201 803-254-6542 Fax: 803-254-6544 Email: tparham@wyche.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amos Alan Workman
Wyche Law Office 44 E Camperdown Way Greenville, SC 29601 864-242-8310 Email: aworkman@wyche.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Green Energy Solutions Inc
Counter Defendant
TERMINATED: 03/01/2016
Nixon Energy Solutions
Counter Claimant
TERMINATED: 03/01/2016
Walker Heinitsh Willcox
(See above for address)
ATTORNEY TO BE NOTICED

Carolina Piping and Rigging Management LLC
Counter Claimant
TERMINATED: 09/09/2015
Joey R Floyd
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Dickinson Peel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ArborOne ACA
Cross Defendant
TERMINATED: 03/01/2016
Julio Enrique Mendoza , Jr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Evan Barab
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason S Bell
(See above for address)
ATTORNEY TO BE NOTICED

Collins Chick Farm LLC
Cross Defendant
TERMINATED: 03/01/2016
Gary Ivan Finklea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Collins Energy LLC
Cross Defendant
TERMINATED: 03/01/2016
Gary Ivan Finklea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Lamar Collins
Cross Defendant
TERMINATED: 03/01/2016
Gary Ivan Finklea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cynthia W Collins
Cross Defendant
TERMINATED: 03/01/2016
Gary Ivan Finklea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Daniel Thomas Turner
Defendant
TERMINATED: 03/01/2016
Nixon Energy Solutions
Cross Claimant
Walker Heinitsh Willcox
(See above for address)
ATTORNEY TO BE NOTICED

ArborOne ACA
Cross Defendant
Julio Enrique Mendoza , Jr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Evan Barab
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason S Bell
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Green Energy Solutions Inc
Cross Defendant
Nixon Energy Solutions
Counter Claimant
Walker Heinitsh Willcox
(See above for address)
ATTORNEY TO BE NOTICED

Sidney L McDonald
Counter Defendant
Alice W Parham Casey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amos Alan Workman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carolina Piping and Rigging Management LLC
Cross Claimant
Joey R Floyd
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Dickinson Peel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cynthia W Collins
Cross Defendant
Gary Ivan Finklea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ArborOne ACA
Cross Defendant
Julio Enrique Mendoza , Jr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Evan Barab
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason S Bell
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Collins Energy LLC
Cross Defendant
Gary Ivan Finklea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Collins Chick Farm LLC
Cross Defendant
Gary Ivan Finklea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Green Energy Solutions Inc
Cross Defendant
James Lamar Collins
Cross Defendant
Gary Ivan Finklea
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carolina Piping and Rigging Management LLC
Counter Claimant
Joey R Floyd
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Dickinson Peel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sidney L McDonald
Counter Defendant
Alice W Parham Casey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amos Alan Workman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ArborOne ACA
Counter Claimant
Julio Enrique Mendoza , Jr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Evan Barab
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason S Bell
(See above for address)
ATTORNEY TO BE NOTICED

Sidney L McDonald
Counter Defendant
Alice W Parham Casey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amos Alan Workman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carolina Piping and Rigging Management LLC
Cross Claimant
Joey R Floyd
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Dickinson Peel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ArborOne ACA
Cross Defendant
Julio Enrique Mendoza , Jr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Evan Barab
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason S Bell
(See above for address)
ATTORNEY TO BE NOTICED

Carolina Piping and Rigging Management LLC
Counter Claimant
Joey R Floyd
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Dickinson Peel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Sidney L McDonald
Counter Defendant
Alice W Parham Casey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amos Alan Workman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Carolina Piping and Rigging Management LLC
Cross Claimant
Joey R Floyd
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Dickinson Peel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

ArborOne ACA
Cross Defendant
Julio Enrique Mendoza , Jr
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Ronald Evan Barab
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jason S Bell
(See above for address)
ATTORNEY TO BE NOTICED

Carolina Piping and Rigging Management LLC
Counter Claimant
Joey R Floyd
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Wesley Dickinson Peel
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Green Energy Solutions Inc
Counter Defendant
Foster O McDonald
Counter Defendant
as Personal Representative of the Estate of Sidney L. McDonald, deceased
Alice W Parham Casey
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amos Alan Workman
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-06-25 1 0 COMPLAINT against ArborOne ACA, Carolina Piping and Rigging Management LLC, Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC, Green Energy Solutions Inc, Nixon Energy Solutions, Daniel Thomas Turner ( Filing fee $ 400 receipt number 0420-5409373.), filed by Sidney L McDonald. Service due by 10/27/2014. (Attachments: # 1 Exhibit A - Promissory Note dated 2/2/12, # 2 Exhibit B - Promissory Note dated 5/1/12, # 3 Exhibit C - Security Agreement, # 4 Exhibit D - UCC dated 4/24/12, # 5 Exhibit E - Note Modification Agreement, # 6 Exhibit F - Summons and Complaint, # 7 Exhibit G - 5/10/13 Letter from Jones Walker, # 8 Exhibit H - 7/10/13 Letter from ArborOne, # 9 Exhibit I - 8/5/13 Letter from ArborOne, # 10 Exhibit J - UCC dated 10/22/12, # 11 Exhibit K - 5/2/12 Letter from US Patent and Trademark Office, # 12 Exhibit L - 10/23/13 Letter from Plaintiff)(prou, ) (Entered: 06/26/2014)
2014-06-25 3 0 Local Rule 26.01 Answers to Interrogatories by Sidney L McDonald.(prou, ) (Entered: 06/26/2014)
2014-06-26 4 0 Summons Issued as to ArborOne ACA, Carolina Piping and Rigging Management LLC, Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC, Green Energy Solutions Inc, Nixon Energy Solutions, Daniel Thomas Turner. (prou, ) Modified on 6/27/2014 to correct case number on ArborOne ACA Summons and Carolina Piping and Rigging Management LLC Summons (prou, ). (Entered: 06/26/2014)
2014-07-23 6 0 SUMMONS Returned Executed by Sidney L McDonald. Green Energy Solutions Inc served on 7/17/2014, answer due 8/7/2014. (Attachments: # 1 Certified Mail Receipt for Registered Agent for Green Energy Solutions, Inc.)(Casey, Alice) (Entered: 07/23/2014)
2014-07-23 7 0 SUMMONS Returned Executed by Sidney L McDonald. Nixon Energy Solutions served on 7/15/2014, answer due 8/5/2014. (Attachments: # 1 Affidavit of Service on Nixon Energy Solutions)(Casey, Alice) (Entered: 07/23/2014)
2014-07-23 8 0 SUMMONS Returned Executed by Sidney L McDonald. Carolina Piping and Rigging Management LLC served on 7/21/2014, answer due 8/11/2014. (Attachments: # 1 Affidavit of Service of Carolina Piping and Rigging Management, LLC)(Casey, Alice) (Entered: 07/23/2014)
2014-07-23 9 0 SUMMONS Returned Executed by Sidney L McDonald. ArborOne ACA served on 7/21/2014, answer due 8/11/2014. (Attachments: # 1 Affidavit of Service on ArborOne, ACA)(Casey, Alice) (Entered: 07/23/2014)
2014-07-23 10 0 SUMMONS Returned Executed by Sidney L McDonald. Collins Chick Farm LLC served on 7/18/2014, answer due 8/8/2014. (Attachments: # 1 Affidavit of Service on Collins Chick Farm, LLC)(Casey, Alice) (Entered: 07/23/2014)
2014-07-23 11 0 SUMMONS Returned Executed by Sidney L McDonald. Collins Energy LLC served on 7/18/2014, answer due 8/8/2014. (Attachments: # 1 Affidavit of Service on Collins Energy, LLC)(Casey, Alice) (Entered: 07/23/2014)
2014-07-23 12 0 SUMMONS Returned Executed by Sidney L McDonald. James Lamar Collins served on 7/18/2014, answer due 8/8/2014. (Attachments: # 1 Affidavit of Service on James Lamar Collins)(Casey, Alice) (Entered: 07/23/2014)
2014-07-23 13 0 SUMMONS Returned Executed by Sidney L McDonald. Cynthia W Collins served on 7/18/2014, answer due 8/8/2014. (Attachments: # 1 Affidavit of Service on Cynthia W. Collins)(Casey, Alice) (Entered: 07/23/2014)
2014-07-29 14 0 ANSWER to 1 Complaint, CROSSCLAIM against ArborOne ACA, Green Energy Solutions Inc, COUNTERCLAIM against Sidney L McDonald by Nixon Energy Solutions.(Willcox, Walker) Modified on 7/30/2014 to replace with corrected document provided by filing user (prou, ). (Entered: 07/29/2014)
2014-07-30 15 0 Local Rule 26.01 Answers to Interrogatories by Nixon Energy Solutions.(Willcox, Walker) (Entered: 07/30/2014)
2014-07-30 16 0 AMENDED ANSWER to 1 Complaint,,, , CROSSCLAIM against ArborOne ACA, Green Energy Solutions Inc, COUNTERCLAIM against Sidney L McDonald by Nixon Energy Solutions. (Willcox, Walker) (Entered: 07/30/2014)
2014-07-30 18 0 CONFERENCE AND SCHEDULING ORDER: Rule 26(f) Conference Deadline 8/19/2014, 26(a) Initial Disclosures due by 9/2/2014, Rule 26 Report due by 9/2/2014, Motions to Amend Pleadings due by 9/29/2014, Plaintiffs ID of Expert Witness due by 10/28/2014, Defendants ID of Expert Witnesses Due by 12/1/2014, Records Custodian Affidavit due by 12/1/2014, Discovery due by 1/26/2015, Motion in Limine due by 5/11/2015, Motions due by 2/10/2015, Rule 26(a)(3) Disclosures due by 4/27/2015, Jury Selection Deadline 6/1/2015, Mediation Due by 4/13/2015. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable Mary G Lewis on 7/30/2014. (prou, ) (Entered: 07/30/2014)
2014-07-30 19 0 MEDIATION ORDER: Mediation Due by 4/13/2015, Signed by Honorable Mary G Lewis on 7/30/2014. (prou, ) (Entered: 07/30/2014)
2014-07-31 20 0 ANSWER to 1 Complaint,,, by Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC.(Finklea, Gary) (Entered: 07/31/2014)
2014-08-07 21 0 Local Rule 26.01 Answers to Interrogatories by Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC.(Finklea, Gary) (Entered: 08/07/2014)
2014-08-27 23 0 Joint MOTION for Extension of Time in the Conference and Scheduling Order by Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC, Sidney L McDonald, Nixon Energy Solutions. Response to Motion due by 9/15/2014. No proposed order.(Casey, Alice) (Entered: 08/27/2014)
2014-08-28 24 0 TEXT ORDER: The parties' joint Motion for Extension, (ECF No. 23 ), is GRANTED. The parties will have until October 1, 2014 to file under Rule 26(f). All other remaining deadlines under the current scheduling order remain in force. Signed by Honorable Mary G Lewis on 8/28/2014.(prou, ) (Entered: 08/28/2014)
2014-08-28 26 0 MOTION for Extension of Time to File Answer re 1 Complaint,,, by ArborOne ACA. Response to Motion due by 9/15/2014. (Attachments: # 1 Affidavit, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Mendoza, Julio) (Entered: 08/28/2014)
2014-08-28 27 0 ORDER granting 26 Motion for Extension of Time to Answer re 1 Complaint. ArborOne ACA answer due 9/25/2014. Signed by Honorable Mary G Lewis on 8/28/2014.(prou, ) (Entered: 08/28/2014)
2014-09-02 28 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ( Response to Motion due by 9/19/2014.), MOTION to Dismiss for Lack of Jurisdiction , MOTION to Stay by Carolina Piping and Rigging Management LLC. (Attachments: # 1 Memo in Support, # 2 Exhibit Alabama Order, # 3 Exhibit Alabama Judgment, # 4 Exhibit Carolina State Complaint, # 5 Exhibit Nixon State complaint, # 6 Exhibit Collins transfer of real estate)No proposed order.(Peel, Wesley) (Entered: 09/02/2014)
2014-09-02 29 0 ANSWER to 1 Complaint , CROSSCLAIM against Cynthia W Collins, ArborOne ACA, Collins Energy LLC, Collins Chick Farm LLC, Green Energy Solutions Inc, James Lamar Collins, COUNTERCLAIM against Sidney L McDonald by Carolina Piping and Rigging Management LLC. (Peel, Wesley) Modified on 9/3/2014 to remove attachment and file separately as document # 31 (prou, ). (Entered: 09/02/2014)
2014-09-02 31 0 Local Rule 26.01 Answers to Interrogatories by Carolina Piping and Rigging Management LLC; Modified on 9/3/2014 to correct event type.(prou, ) (Entered: 09/03/2014)
2014-09-05 33 0 RESPONSE in Support re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay Response filed by Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC. (Finklea, Gary) (Entered: 09/05/2014)
2014-09-09 34 0 Plaintiff's ANSWER to Counterclaim 16 of Nixon Energy Solutions by Sidney L McDonald.(Casey, Alice) (Entered: 09/09/2014)
2014-09-16 35 0 Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay by Sidney L McDonald. Response to Motion due by 10/3/2014. (Attachments: # 1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Workman, Amos) (Entered: 09/16/2014)
2014-09-16 36 0 ORDER granting 35 Motion for Extension of Time to File Response/Reply re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay . Response to Motion due by 10/6/2014. Signed by Honorable Mary G Lewis on 9/16/2014.(prou, ) (Entered: 09/16/2014)
2014-09-19 37 0 RESPONSE in Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay Response filed by ArborOne ACA.Reply to Response to Motion due by 9/29/2014 (Mendoza, Julio); Modified on 9/19/2014 to replace with corrected document provided by filing user (prou, ). (Entered: 09/19/2014)
2014-09-19 38 0 REPLY to Crossclaim 16 by ArborOne ACA.(Mendoza, Julio) (Entered: 09/19/2014)
2014-09-19 39 0 RESPONSE to Motion re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay Response filed by Nixon Energy Solutions.Reply to Response to Motion due by 9/29/2014 (Willcox, Walker) (Entered: 09/19/2014)
2014-09-23 40 0 MOTION for Extension of Time to File Answer re 1 Complaint,,, by ArborOne ACA. Response to Motion due by 10/10/2014. (Attachments: # 1 Affidavit Affidavit in Support of Motion to Alter Time for Defendant ArborOne, ACA to Answer Plaintiff's Complaint)Proposed order is being emailed to chambers with copy to opposing counsel.(Mendoza, Julio) (Entered: 09/23/2014)
2014-09-26 41 0 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ArborOne, ACA's Motion to Dismiss Cross-Claim of Carolina Piping and Rigging Management, Inc. by ArborOne ACA. Response to Motion due by 10/14/2014. (Attachments: # 1 Memo in Support Memorandum of Law in Support of ArborOne, ACA's Motion to Dismiss Cross-Claim of Carolina Piping and Rigging Management, Inc.)No proposed order.(Mendoza, Julio) (Entered: 09/26/2014)
2014-09-26 42 0 ORDER granting 40 Motion for Extension of Time to Answer re 1 Complaint. ArborOne ACA answer due 10/16/2014. Signed by Honorable Mary G Lewis on 9/26/2014.(prou, ) (Entered: 09/29/2014)
2014-09-29 43 0 REPLY to Response to Motion re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay Reply to ArborOne's Response filed by Carolina Piping and Rigging Management LLC. (Peel, Wesley) (Entered: 09/29/2014)
2014-09-30 44 0 MOTION to Appear Pro Hac Vice by Jason S Bell ( Filing fee $ 250 receipt number 0420-5569610) by ArborOne ACA. Response to Motion due by 10/17/2014. (Attachments: # 1 Proposed Order)No proposed order.(Mendoza, Julio) (Entered: 09/30/2014)
2014-09-30 45 0 AMENDED ANSWER to 16 Amended Answer to Complaint, Crossclaim, Counterclaim of Defendant Nixon Energy Solutions by Sidney L McDonald. (Casey, Alice) (Entered: 09/30/2014)
2014-10-01 46 0 TEXT ORDER granting 44 Motion to Appear Pro Hac Vice for Jason S Bell. Signed by Honorable Mary G Lewis on 10/1/2014.(prou, ) (Entered: 10/01/2014)
2014-10-01 48 0 Joint Rule 26(f) Report by ArborOne ACA, Carolina Piping and Rigging Management LLC, Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC, Green Energy Solutions Inc, Sidney L McDonald, Nixon Energy Solutions. (Attachments: # 1 Proposed Order Amended Conference and Scheduling Order)(Casey, Alice) (Entered: 10/01/2014)
2014-10-02 49 0 AMENDED CONFERENCE AND SCHEDULING ORDER: The parties will file separate responses to the matters addressed by Rule (26)(f) and Local Civil Rule26.03 on or before October 10, 2014. Motions to Amend Pleadings due by 10/28/2014, Plaintiffs ID of Expert Witness due by 11/26/2014, Defendants ID of Expert Witnesses Due by 1/2/2015, Records Custodian Affidavit due by 1/2/2015, Discovery due by 2/26/2015, Motion in Limine due by 6/11/2015, Motions due by 3/10/2015, Rule 26(a)(3) Disclosures due by 5/27/2015, Jury Selection Deadline 7/1/2015, Mediation Due by 5/13/2015. Parties shall furnish the Court pretrial briefs seven (7) days prior to the date set for jury selection. Signed by Honorable Mary G Lewis on 10/2/2014. (prou, ) (Entered: 10/02/2014)
2014-10-06 52 0 RESPONSE in Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay Response filed by Sidney L McDonald.Reply to Response to Motion due by 10/17/2014 (Casey, Alice). Modified on 10/7/2014 to replace with corrected document provided by filing user (prou, ). (Entered: 10/06/2014)
2014-10-07 53 0 NOTICE of Request for Protection from Court Appearance by Walker Heinitsh Willcox for November 6, 7, and 10, 2014 (Willcox, Walker) (Entered: 10/07/2014)
2014-10-10 54 0 Local Rule 26.03 Answers to Interrogatories by Nixon Energy Solutions.(Willcox, Walker) (Entered: 10/10/2014)
2014-10-10 55 0 Defendant ArborOne ACA's Rule 26(f) Report and Local Rule 26.03 Answers to Interrogatories by ArborOne ACA.(Mendoza, Julio) (Entered: 10/10/2014)
2014-10-10 56 0 26(f) Report and Local Rule 26.03 Answers to Interrogatories by Carolina Piping and Rigging Management LLC.(Peel, Wesley) (Entered: 10/10/2014)
2014-10-10 57 0 26(f) Report and Local Rule 26.03 Answers to Interrogatories by Sidney L McDonald.(Casey, Alice) (Entered: 10/10/2014)
2014-10-13 58 0 26 (f) Report and Local Rule 26.03 Answers to Interrogatories by Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC.(Finklea, Gary) (Entered: 10/13/2014)
2014-10-14 59 0 ANSWER to Counterclaim 29 by Sidney L McDonald.(Casey, Alice) (Entered: 10/14/2014)
2014-10-16 61 0 RESPONSE in Opposition re 41 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response filed by Carolina Piping and Rigging Management LLC.Reply to Response to Motion due by 10/27/2014 (Peel, Wesley) Modified on 10/17/2014 to link to correct document (prou, ). (Entered: 10/16/2014)
2014-10-16 62 0 ANSWER to 1 Complaint,,, , COUNTERCLAIM against Sidney L McDonald by ArborOne ACA.(Mendoza, Julio) (Entered: 10/16/2014)
2014-10-28 65 0 AMENDED ANSWER to 1 Complaint,,, Amended, CROSSCLAIM against ArborOne ACA, Amended COUNTERCLAIM against Green Energy Solutions Inc by Carolina Piping and Rigging Management LLC. (Attachments: # 1 Exhibit Consent)(Peel, Wesley) (Entered: 10/28/2014)
2014-10-28 66 0 DELETION OF DOCKET ENTRY NUMBER 64 Reason: Document filed using the incorrect event. Corrected Filing Document Number 65 . (prou, ) (Entered: 10/28/2014)
2014-11-06 68 0 ANSWER to Counterclaim 62 of Defendant ArborOne, ACA by Sidney L McDonald.(Workman, Amos) (Entered: 11/06/2014)
2014-11-10 69 0 REPLY by Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC to 65 Amended Answer to Complaint, Crossclaim, Counterclaim,,, . (Finklea, Gary) (Entered: 11/10/2014)
2014-11-11 70 0 ANSWER to Complaint , Amended Counterclaim by Carolina Piping and Rigging Management 65 by Sidney L McDonald.(Casey, Alice) (Entered: 11/11/2014)
2014-11-19 71 0 Case Reassigned to Judge Honorable R Bryan Harwell. Judge Honorable Mary G Lewis no longer assigned to the case. (glev, ) (Entered: 11/19/2014)
2014-11-24 72 0 CONFERENCE AND SCHEDULING ORDER. Plaintiffs ID of Expert Witness due by 11/26/2014, Defendants ID of Expert Witnesses Due by 1/2/2015, Records Custodian Affidavit due by 1/2/2015, Discovery due by 2/26/2015, Motions due by 3/10/2015, Rule 26(a)(3) Disclosures due by 5/27/2015, Jury Selection Deadline 7/1/2015, ADR Statement due by 4/13/2015, Mediation Due by 5/13/2015. 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. Signed by the Honorable R Bryan Harwell on 11/24/2014. (hcic, ) (Entered: 11/24/2014)
2014-11-26 73 0 PLAINTIFF'S ID OF EXPERT WITNESSES by Sidney L McDonald.(Casey, Alice) (Entered: 11/26/2014)
2014-12-05 74 0 MOTION for Extension of Time to File Answer re 65 Amended Answer to Complaint, Crossclaim, Counterclaim,,, by ArborOne ACA. Response to Motion due by 12/22/2014. (Attachments: # 1 Affidavit)No proposed order.(Barab, Ronald) (Main Document 74 replaced on 12/8/2014 with corrected document provided by filer) (hcic, ). (Entered: 12/05/2014)
2014-12-08 76 0 TEXT ORDER granting 74 Motion for Extension of Time to Answer re 65 Amended Answer to Complaint, Crossclaim, Counterclaim. ArborOne ACA's answer due 12/29/2014. Signed by the Honorable R Bryan Harwell on 12/8/2014. (hcic, ) (Entered: 12/08/2014)
2014-12-23 77 0 MOTION for Extension of Time / Motion to Alter Deadlines in Scheduling Order and Time for ArborOne ACA to Answer Crossclaim of Carolina Piping and Rigging Management, LLC by ArborOne ACA. Response to Motion due by 1/9/2015. (Attachments: # 1 Affidavit in Support of Motion)No proposed order.(Barab, Ronald) (Entered: 12/23/2014)
2014-12-29 78 0 TEXT ORDER granting 77 Motion for Extension of Time. ArborOne's Answer to Carolina Piping's Crossclaim now due by January 29, 2015. Signed by the Honorable R Bryan Harwell on 12/29/2014. (hcic, ) (Entered: 12/29/2014)
2014-12-29 79 0 AMENDED CONFERENCE AND SCHEDULING ORDER. Records Custodian Affidavits due by 3/2/2015, Discovery due by 4/26/2015, Motions due by 5/10/2015, Rule 26(a)(3) Disclosures due by 7/27/2015, Jury Selection Deadline 9/1/2015, ADR Statement due by 6/13/2015, Mediation Due by 7/13/2015. 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 juryselection. Signed by the Honorable R Bryan Harwell on 12/29/2014. (hcic, ) (Main Document 79 replaced on 12/29/2014 with corrected document) (hcic, ). (Entered: 12/29/2014)
2015-01-02 80 0 DEFENDANT'S ID OF EXPERT WITNESSES by Nixon Energy Solutions.(Willcox, Walker) (Entered: 01/02/2015)
2015-01-28 81 0 MOTION to Dismiss Amended Cross-Claim of Carolina Piping and Rigging Management, Inc. by ArborOne ACA. Response to Motion due by 2/17/2015. (Attachments: # 1 Memo in Support Memorandum of Law In Support of ArborOne, ACA's Motion to Dismiss Amended Cross-Claim of Carolina Piping and Rigging Management, Inc.)No proposed order.(Mendoza, Julio) Modified on 1/29/2015 to correct case number on document (hcic, ). (Entered: 01/28/2015)
2015-02-17 82 0 RESPONSE in Opposition re 81 MOTION to Dismiss Amended Cross-Claim of Carolina Piping and Rigging Management, Inc. Response filed by Carolina Piping and Rigging Management LLC.Reply to Response to Motion due by 2/27/2015 (Peel, Wesley) Modified on 2/18/2015 to correct case number on document with consent of filer (hcic, ). (Entered: 02/17/2015)
2015-02-27 83 0 REPLY to Response to Motion re 81 MOTION to Dismiss Amended Cross-Claim of Carolina Piping and Rigging Management, Inc. Response filed by ArborOne ACA. (Barab, Ronald) Modified on 3/2/2015 to correct event type and to correct case number on document. (hcic, ) (Entered: 03/02/2015)
2015-04-15 84 0 MOTION for Extension of Time / Motion to Alter Deadlines in Scheduling Order by ArborOne ACA. Response to Motion due by 5/4/2015. (Attachments: # 1 Affidavit in Support)No proposed order.(Barab, Ronald) (Entered: 04/15/2015)
2015-04-16 85 0 TEXT ORDER granting 84 Motion to Alter Deadlines in Scheduling Order. Discovery due by 5/26/2015, Motions due by 6/10/2015, Rule 26(a)(3) Disclosures due by 8/27/2015, Jury Selection Deadline 10/1/2015, ADR Statement due by 7/13/2015, Mediation Due by 8/13/2015. 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. Signed by the Honorable R. Bryan Harwell on 4/16/2015. (hcic, ) (Entered: 04/16/2015)
2015-05-01 87 0 NOTICE of Request for Protection from Court Appearance by Wesley Dickinson Peel for July 27, 2015 - July 31, 2015 (Peel, Wesley) (Entered: 05/01/2015)
2015-05-29 88 0 TEXT ORDER re conference call held with chambers: A conference call was held on May 29, 2015 regarding the recent death of Plaintiff and the request for a stay to allow the appointment of a personal representative. The parties have indicated that settlement negotiations are ongoing. In light of the foregoing, the parties indicated they are going to submit a consent order: 1) staying the case for 90 days, or such other time that can be agreed, and automatically lifting the stay at the expiration of such time period; 2) withdrawing the pending motions, 28 , 41 , and 81 , without prejudice, with leave to refile; 3) maintaining the status quo with respect to deadlines for filing responsive pleadings; and 4) providing for the submission of a new scheduling order if the case is not resolved by the time the stay is set to expire. Signed by Honorable R Bryan Harwell on 5/29/2015. (tmcb, ) (Entered: 05/29/2015)
2015-06-09 89 0 Consent MOTION to Stay re 88 Order,,, by ArborOne ACA, Carolina Piping and Rigging Management LLC, Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC, Green Energy Solutions Inc, Sidney L McDonald, Nixon Energy Solutions. Response to Motion due by 6/26/2015. Proposed order is being emailed to chambers with copy to opposing counsel.(Casey, Alice) (Entered: 06/09/2015)
2015-06-11 90 0 ORDER granting 89 Motion to Stay. IT IS HEREBY ORDERED that this case be stayed until 9/1/2015, at which time the stay will automatically expire. All pending motions to dismiss, Docket Numbers 28 , 41 and 81 , have been withdrawn. The deadlines for (a) Carolina Piping's response to Plaintiff's Complaint [Docket No. 1 ], and (b) ArborOne's response to Carolina Piping and Rigging's Management, LLC's Amended Crossclaim [Docket No. 65 ], are extended through and including 9/10/2015. Should the parties fail to resolve this case before expiration of the stay, the parties shall submit a proposed Amended Scheduling Order on or before 9/21/2015. Signed by the Honorable R. Bryan Harwell on 6/11/2015. (hcic, ) (Entered: 06/11/2015)
2015-09-04 92 0 MOTION to Substitute Party by Sidney L McDonald. Response to Motion due by 9/21/2015. (Attachments: # 1 Exhibit A - Letters Testamentary - Estate of Sidney Leighton McDonald)Proposed order is being emailed to chambers with copy to opposing counsel.(Casey, Alice) (Entered: 09/04/2015)
2015-09-09 93 0 TEXT ORDER granting 92 Motion to Substitute Party. Foster O McDonald added; Sidney L McDonald terminated. Signed by the Honorable R. Bryan Harwell on 9/9/2015. (hcic, ) (Entered: 09/09/2015)
2015-09-10 94 0 MOTION to Dismiss Amended Cross-Claim of Carolina Piping and Rigging Management, Inc. by ArborOne ACA. Response to Motion due by 9/28/2015. (Attachments: # 1 Memo in Support)No proposed order.(Barab, Ronald) (Main Document 94 and attachment 1 replaced on 9/14/2015 with corrected documents provided by filer) (hcic, ). (Entered: 09/10/2015)
2015-09-15 95 0 REQUEST FOR ENTRY OF DEFAULT Against Defendant Green Energy Solutions, Inc. byFoster O McDonald. (Attachments: # 1 Affidavit in Support of Request for Entry of Default)(Casey, Alice) (Entered: 09/15/2015)
2015-09-16 96 0 Clerk's ENTRY OF DEFAULT as to Green Energy Solutions Inc. (hcic, ) (Entered: 09/16/2015)
2015-09-25 97 0 RESPONSE in Opposition re 94 MOTION to Dismiss Amended Cross-Claim of Carolina Piping and Rigging Management, Inc. Response filed by Carolina Piping and Rigging Management LLC.Reply to Response to Motion due by 10/5/2015 (Peel, Wesley) (Main Document 97 replaced on 9/25/2015 with corrected document provided by filer) (hcic, ). (Entered: 09/25/2015)
2015-09-28 98 0 SECOND CONSENT AMENDED CONFERENCE AND SCHEDULING ORDER. Discovery due by 12/30/2015, Motions due by 1/11/2016, Rule 26(a)(3) Disclosures due by 3/30/2016, Jury Selection Deadline 5/9/2016, ADR Statement due by 2/16/2016, Mediation Due by 3/16/2016. 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. Signed by the Honorable R. Bryan Harwell on 9/28/2015. (hcic, ) (Entered: 09/28/2015)
2015-10-01 99 0 REPLY to Response to Motion re 94 MOTION to Dismiss Amended Cross-Claim of Carolina Piping and Rigging Management, Inc. Reply in Response filed by ArborOne ACA. (Barab, Ronald) (Main Document 99 replaced on 10/13/2015 with corrected document provided by filer) (hcic, ). (Entered: 10/01/2015)
2015-10-16 100 0 Amended Rule 26(f) Report and Local Rule 26.03 Answers to Interrogatories by ArborOne ACA.(Barab, Ronald) (Main Document 100 replaced on 10/20/2015 with corrected document provided by filer) (hcic, ). (Entered: 10/16/2015)
2016-01-06 101 0 MOTION for Extension of Time Consent Motion to Alter Deadlines in Scheduling Order by ArborOne ACA, Carolina Piping and Rigging Management LLC, Nixon Energy Solutions. Response to Motion due by 1/25/2016. (Attachments: # 1 Affidavit Affidavit in Support of Motion to Alter Deadlines in Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Mendoza, Julio) (Main Document 101 replaced on 1/7/2016 with corrected document provided by filer) (hcic, ). (Entered: 01/06/2016)
2016-01-07 102 0 TEXT ORDER finding as moot ArborOne ACA's motion 94 to dismiss the amended cross-claim of Carolina Piping and Rigging Management, Inc. On January 6, 2016, the Court was informed that the parties reached a partial settlement that does not resolve the case in its entirety but does resolve ArborOne ACA's motion to dismiss Carolina Piping's amended cross-claim. Further, counsel for ArborOne ACA filed an affidavit indicating that ArborOne ACA's motion to dismiss is now moot. Accordingly, ArborOne ACA's motion 94 to dismiss the amended cross-claim of Carolina Piping and Rigging Management, Inc. is denied as moot. Signed by Honorable R Bryan Harwell on 1/7/2016.(tmcb, ) (Entered: 01/07/2016)
2016-01-07 103 0 TEXT ORDER granting 101 Motion for Extension of Time. Signed by the Honorable R. Bryan Harwell on 1/7/2016. (hcic, ) (Entered: 01/07/2016)
2016-01-07 104 0 THIRD CONSENT AMENDED CONFERENCE AND SCHEDULING ORDER. Discovery due by 2/29/2016, Motions due by 3/14/2016, Rule 26(a)(3) Disclosures due by 5/30/2016, ADR Statement due by 4/16/2016, Mediation Due by 5/16/2016. 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. The case is subject to being called for jury selection and/or trial on or after 7/8/2016. Signed by the Honorable R. Bryan Harwell on 1/7/2016. (hcic, ) (Entered: 01/07/2016)
2016-03-01 105 0 STIPULATION of Dismissal With Prejudice by ArborOne ACA, Carolina Piping and Rigging Management LLC, Cynthia W Collins, James Lamar Collins, Collins Chick Farm LLC, Collins Energy LLC, Nixon Energy Solutions. (Mendoza, Julio) (Entered: 03/01/2016)
2016-03-04 107 0 Consent MOTION to Stay by ArborOne ACA, Nixon Energy Solutions. Response to Motion due by 3/21/2016. No proposed order.(Mendoza, Julio) (Entered: 03/04/2016)
2016-03-08 108 0 TEXT ORDER granting, in part, Consent Motion 107 to stay the case. The case is hereby stayed until September 1, 2016, at which point, the Clerk shall lift the stay and issue an abbreviated scheduling order due to the age of the case after consulting with chambers. Signed by Honorable R Bryan Harwell on 3/8/2016.(tmcb, ) (Entered: 03/08/2016)