Ivy Testing Service, Inc. v. S & S Commercial, Inc. et al

DocketNOTICE of Calendar Setting: For the Settlement Conference set for 5/13/2024 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath, Counsel are instructed to submit to Judge Rath, seven (7) days prior to the conference, a memorandum (3 page maximum in PDF format) setting forth a brief explanation of the case, and a candid appraisal of their respective positions, including possible settlement figures. This document is NOT to be exchanged and will be viewed only by the Court. The settlement memoranda should be sent to Judge Rath via e-mail (rath_chambers@mssd.uscourts.gov). LOCAL COUNSEL, LEAD COUNSEL AND PARTIES WITH FULL SETTLEMENT AUTHORITY MUST BE PHYSICALLY PRESENT AT THE CONFERENCE (INCLUDING INSURANCE CARRIERS WHO HAVE AUTHORITY). Company policies limiting or prohibiting travel will no longer be accepted as a valid excuse for a corporate representative's failure to personally appear at the settlement conference. FAILURE TO APPEAR MAY RESULT IN SANCTIONS. (AB) (Entered: 09/08/2023)

Docket(#15) AMENDED CASE MANAGEMENT ORDER: Disclosure due by 9/13/2023. Bench Trial set for a three week trial calendar beginning on 10/15/2024 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 9/17-19/2024 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 4/8/2024. Motions for Amended Pleadings due by 10/6/2023. Motions for Joinder of Parties due by 10/6/2023. Designate Experts Plaintiff Deadline due by 11/2/2023. Designate Experts for Defendant Deadline due by 12/4/2023. Motions due by 4/22/2024. Settlement Conference set for 5/13/2024 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath. ADR Report due by 9/10/2024. Proposed Pretrial Order due by 9/17/2024. EDT: 2-3 days. Parties do not consent. Signed by Magistrate Judge Bradley W. Rath on 9/7/2023 (AB) (Entered: 09/07/2023)

Docket(#14) CASE MANAGEMENT ORDER: Disclosure due by 9/13/2023. Jury Trial set for a three week trial calendar beginning on 10/15/2024 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Pretrial Conference set for 9/17-19/2024 at 9:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Discovery due by 4/8/2024. Motions for Amended Pleadings due by 10/6/2023. Motions for Joinder of Parties due by 10/6/2023. Designate Experts Plaintiff Deadline due by 11/2/2023. Designate Experts for Defendant Deadline due by 12/4/2023. Motions due by 4/22/2024. Settlement Conference set for 5/13/2024 at 9:30 AM in Courtroom 683 (Gulfport) before Magistrate Judge Bradley W. Rath. ADR Report due by 9/10/2024. Proposed Pretrial Order due by 9/17/2024. EDT: 2-3 days. Parties do not consent. Signed by Magistrate Judge Bradley W. Rath on 9/6/2023 (AB) (Entered: 09/06/2023)

DocketMinute Entry for proceedings held before Magistrate Judge Bradley W. Rath: Telephonic Case Management Conference held on 9/6/2023. PARTICIPANTS: Nicholas James Toca (counsel for Plaintiff); Matthew W. McDade and Melanie B. Mitchell (counsel for Defendants). A Case Management Order will be entered. (AB) (Entered: 09/06/2023)

Docket(#13) NOTICE of Service of Initial Disclosure by Ivy Testing Service, Inc. (Toca, Nicholas) (Entered: 09/05/2023)

Docket(#12) REPLY to Response to Motion re #4 MOTION to Dismiss filed by Debra J. Silliman (McDade, Matthew) (Entered: 09/01/2023)

DocketTEXT ONLY ORDER granting as unopposed Defendant Debra J. Silliman's Motion #11 for Extension of Time to Reply to Plaintiff Ivy Testing Service, Inc.'s Response #9 to Defendant's Motion #4 to Dismiss Defendant. Defendant's Reply to Plaintiff's Response #9 is now due on or before September 1, 2023. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on 08/28/2023. (STR) (Entered: 08/28/2023)

Docket(#11) MOTION for Extension of Time to File Response/Reply as to #9 Response in Opposition to Motion by Debra J. Silliman (McDade, Matthew) (Entered: 08/25/2023)

DocketDocket Annotation as to Doc. #10. Incomplete linkage made. This memorandum should have also been linked to motion #4. All related filings to motions (using the"Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (wld) (Entered: 08/21/2023)

Docket(#10) MEMORANDUM in Support re #9 Response in Opposition to #4 Motion to Dismiss filed by Ivy Testing Service, Inc. (Attachments: #1 Exhibit 1 - Silliman 3.24.23 Email)(Toca, Nicholas) Modified on 8/21/2023 (wld). (Entered: 08/18/2023)

Docket(#8) MOTION for Extension of Time to File Response/Reply as to #5 Memorandum in Support of Motion, #4 MOTION to Dismiss by Ivy Testing Service, Inc. (Toca, Nicholas) (Entered: 08/07/2023)

Docket(#7) Rule 16(a) Initial Order: Telephonic Case Management Conference set for 9/6/2023 at 9:30 AM before Magistrate Judge Bradley W. Rath. (AB) (Entered: 07/31/2023)

DocketDOCKET ANNOTATION as to #4: Advising attorney that only the name of the defendant that the filing is on behalf of should be listed above the signature line. DOCKET ANNOTATION as to #6: Incorrect event chosen. This case was removed from state court, therefore the event code, Answer to Complaint (Notice of Removal) should have been used. Attorney is not required to re-file. (RLW) (Entered: 07/27/2023)

Docket(#6) ANSWER to Complaint by S & S Commercial, Inc..(McDade, Matthew) (Entered: 07/26/2023)

Docket(#5) MEMORANDUM in Support re #4 MOTION to Dismiss filed by Debra J. Silliman (McDade, Matthew) (Entered: 07/26/2023)

Docket(#4) MOTION to Dismiss by Debra J. Silliman (McDade, Matthew) (Entered: 07/26/2023)

DocketTEXT ONLY ORDER granting Unopposed Motion #3 for Extension of Time. The new deadline for Defendants to file a responsive pleading is 7/26/2023. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 7/14/2023 (rjc) (Entered: 07/14/2023)

Docket(#3) Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal,, Complaint by S & S Commercial, Inc., Debra J. Silliman (McDade, Matthew) (Entered: 07/13/2023)

Docket(#2) NOTICE of Appearance by Melanie B. Mitchell on behalf of S & S Commercial, Inc., Debra J. Silliman (Mitchell, Melanie) (Entered: 07/13/2023)

Docket(#1) NOTICE OF REMOVAL by S & S Commercial, Inc., Debra J. Silliman from Circuit Court of Hancock County, MS, case number 23-0090. (Filing fee $ 402.00 receipt number 5158790) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Circuit Court Documents, #2 Civil Cover Sheet)(PKS) (Entered: 07/12/2023)