ORDER DAVID C. NORTON, District Judge. This matter comes before the court on defendant MI Windows and Doors, Inc.'s (MIWD) motion to dismiss the complaint filed by Jennifer and Scott McGaffin (the McGaffins) and to strike the McGaffins' request to estop MIWD from relying on a statute of limitations defense. The court grants in part and denies in part the motion to dismiss and motion to strike. I. BACKGROUND The McGaffins filed a complaint in the United States District Court for the...
CONFIDENTIALITY ORDER JOSEPH F. ANDERSON, Jr., District Judge. Whereas, the parties to this Consent Confidentiality Order ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 21st day of December, 2012, ORDERED: 1. Scope. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other...
CONFIDENTIALITY ORDER JOSEPH F. ANDERSON, Jr., District Judge. Whereas, the parties to this Consent Confidentiality Order ("parties"), have stipulated that certain discovery material is and should be treated as confidential, and have agreed to the terms of this order; accordingly, it is this 20th day of November, 2012, ORDERED: 1. Scope. All documents produced in the course of discovery, all responses to discovery requests and all deposition testimony and deposition exhibits and any other...
AMENDED ORDER AND OPINION MARGARET B. SEYMOUR, Chief Judge. This case arises out of the clean-up and remediation of the Columbia Nitrogen Site ("the Site"), a 43-acre parcel of land in Charleston, South Carolina, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"). On October 15, 2008, Ross Development Corporation ("Ross") filed an amended complaint in the Court of Common Pleas for the County of Charleston, South Carolina, against Fireman's...
ORDER AND OPINION J. MICHELLE CHILDS, District Judge. Plaintiffs in these cases are former employees of Defendant The Atlantic Group, Inc., doing business as DZ Atlantic ("DZ Atlantic"). 1 DZ Atlantic employed Plaintiffs as temporary, seasonal, and contract workers at nuclear power facilities in South Carolina and North Carolina owned by Duke Energy Carolinas, LLC ("Duke"). DZ Atlantic terminated Plaintiffs' employment after concluding Plaintiffs provided inaccurate information regarding...
ORDER DAVID C. NORTON, District Judge. This matter is before the court on a motion to dismiss brought by defendant MI Windows and Doors, Inc. (MIWD). For the following reasons, the court strikes Hildebrand's amended complaint and grants MIWD's motion to dismiss. Hildebrand's complaint will be dismissed without prejudice. I. BACKGROUND On December 6, 2011, plaintiff Craig Hildebrand filed a class action complaint against MIWD in the United States District Court for the Eastern District of...
OPINION AND ORDER ON MOTION TO DISMISS COUNTERCLAIMS CAMERON McGOWAN CURRIE, District Judge. Through this qui tam action, Plaintiffs Andrew Battiata, M.D. ("Battiata") and Jenny Raybon ("Raybon") (collectively "Plaintiffs") seek recovery on behalf of the United States for alleged violations of the False Claims Act, 31 U.S.C. 3729 et seq. ("FCA"). The matter is before the court on Plaintiffs' motion to dismiss the seven counterclaims asserted by Defendants Robert Puchalski, M.D. ("...
OPINION AND ORDER J. MICHELLE CHILDS, District Judge. This matter is currently before the court on Plaintiff Uhlig, LLC's ("Uhlig") Motion for Award of Attorneys' Fees and Exemplary Damages [Dkt. No. 1003] seeking $4,541,235.70 1 in attorney and paralegal fees and a punitive damages award of double the jury verdict on the claim for misappropriation of trade secrets. Having carefully considered this motion, the record in this case, and the applicable law, the court grants Uhlig's request for...
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT JOSEPH F. ANDERSON, JR., District Judge. This matter comes before the court on Defendants' Motion for Summary Judgment. (ECF No. 228). Defendants assert, in their motion, that they are entitled to the damages immunity provided by the Health Care Quality Improvement Act ("HCQIA") and summary judgment on the causes of action asserted by Plaintiffs in this suit. Plaintiffs oppose the motion and argue that, for a number of reasons, Defendants are not...
ORDER AND OPINION MARGARET B. SEYMOUR, Chief Judge. Plaintiff Lakeisha J. Govan ("Plaintiff") filed this action against her former employer, Caterpillar, Inc. ("Defendant"), alleging that she was subjected to discrimination and a hostile work environment because of her sex and pregnancy in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. 2000e-2000e-17, and the Pregnancy Discrimination Act of 1978 ("PDA"), 42 U.S.C. 2000e(k). (ECF No. 1.) Plaintiff also...
OPINION AND ORDER CLYDE H. HAMILTON, Senior Circuit Judge, CAMERON McGOWAN CURRIE, District Judge, J. MICHELLE CHILDS, District Judge. This matter is before the court on Plaintiffs' second motion for a temporary restraining order ("TRO") and permanent injunction. In their first motion for TRO, filed June 11, 2012, Plaintiffs sought either to have their names restored to the ballot for the June 12, 2012 primary election or to postpone the primary election until this court could resolve the...
ORDER PATRICK MICHAEL DUFFY, District Judge. This matter is before the Court upon Plaintiff's Motion to Remand pursuant to 28 U.S.C. 1447. Plaintiff is a citizen of South Carolina and argues that there is no diversity because South Carolina is the principal place of business of Defendant West Ashley Rehabilitation and Nursing Center-Charleston SC, LLC ("Heartland of West Ashley"). For the reasons that follow, the Court denies Plaintiff's Motion to Remand. FACTUAL AND PROCEDURAL BACKGROUND...
ORDER AND OPINION MARGARET B. SEYMOUR, Chief Judge. Plaintiff Laura Toney ("Plaintiff") filed this action pro se against Defendants, LaSalle Bank National Association, Trustee for Lehman Brothers Structured Asset Investment Loan Trust Sail 2005 ("LaSalle"), and Ocwen Federal Bank a/k/a AltiSource Homes ("Ocwen") (collectively "Defendants"), alleging claims under the Truth in Lending Act ("TILA"), 15 U.S.C. 1601-1667f, arising out of a foreclosure action instituted against her by...
CONSENT ORDER R. BRYAN HARWELL, District Judge. This matter is before the Court on joint motion of the parties to stay this action for sixty (60) days. Plaintiff Dunes Village Properties, LLC ("Dunes Village") filed this action pursuant to the Racketeering Influenced and Corrupt Organization Act ("RICO"). Defendants Baiden & Associates, Inc., Frank E. Baiden, Jr. and Frank E. Baiden, III (collectively "Defendants") filed a Motion to Dismiss and/or Motion for Summary Judgment and...
ORDER JOSEPH F. ANDERSON, JR., District Judge. This matter comes before the court pursuant to plaintiff Pure Fishing, Inc.'s motions for summary judgment (ECF Nos. 64 & 65). The court held a hearing on August 9, 2012, and after considering the written materials submitted and the arguments of counsel, the court grants Pure Fishing's motions for summary judgment. I. Factual and Procedural History Pure Fishing, Inc., (Pure Fishing) filed the present action alleging trademark infringement and...
ORDER TIMOTHY M. CAIN, District Judge. This matter is before the court on Defendant American Suzuki Motor Corporation's ("Defendant's") Motion for Judgment on the Pleadings pursuant to Rule 12(c), Fed. R. Civ. P. (Dkt. # 17). Plaintiffs James Brockman, Jr. ("Brockman"), Wade Hampton of Greer, LLC, and Suzuki of Greer, LLC, (collectively referred to herein as "Plaintiffs") filed a response opposing the motion (Dkt. # 21) and Defendant filed a reply (Dkt. # 23). This motion is now ripe for...
ORDER TIMOTHY M. CAIN, District Judge. In their Amended Complaint, Plaintiffs seek actual and punitive damages, and declaratory and injunctive relief for violations of Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. 12132; Section 504 of the Rehabilitation Act of 1973 ("Section 504"); the Medicaid Act; 1 and 42 U.S.C. 1983 and 1985. (Dkt. # 65 — Am. Compl. at 3). 2 This matter is before the court on four separate motions to dismiss filed by Defendants Nikki Haley (...
ORDER AND OPINION MARGARET B. SEYMOUR, Chief District Judge. This case arises out of the clean-up and remediation of the Columbia Nitrogen Site ("the Site"), a 43-acre parcel of land in Charleston, South Carolina, pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA"). On October 15, 2008, Ross Development Corporation ("Ross") filed an amended complaint in the Court of Common Pleas for the County of Charleston, South Carolina, against Fireman'...
ORDER AND OPINION MARGARET B. SEYMOUR, Chief District Judge On June 19, 2009, Liberty Mutual Fire Insurance Company and Employers Insurance of Wausau (collectively "Liberty Mutual") filed an amended complaint against J.T. Walker Industries, Inc., and MI Windows & Doors, Inc. (collectively "MI Windows"). Liberty Mutual sought a declaratory judgment construing six commercial general liability ("CGL") insurance policies issued to MI Windows, covering a period between 1997 and 2003. Liberty...
ORDER R. BRYAN HARWELL, District Judge. This matter is before the Court upon Plaintiff's Objections to the Report and Recommendation ("R & R") of United States Magistrate Judge Jacquelyn D. Austin. 1 In the R & R, the Magistrate Judge recommends that the Court grant the Defendant's Motion for Summary Judgment [Docket # 77]. The Plaintiff filed timely objections. This matter is ripe for review. PROCEDURAL HISTORY This case was initiated on August 30, 2011, when the Plaintiff was a...
