Mungaray v. Abbot Laboratories, Inc. et al (2:24-cv-03909), South Carolina District Court

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

Docket
Parties (5)

Last checked: Thursday Jul 11, 2024 3:13 PM EDT

Defendant Abbot Laboratories, Inc.
Defendant Low Country Drug Screening LLC
Defendant Nationwide Testing Association, Inc.
Defendant Quantix SCS, LLC	Represented By Anna Woodfin Mobley Butler Snow - Chas Sc contact info Melissa Fried Spence Butler Snow - Chas Sc contact info
Plaintiff Ruben Mungaray	Represented By Marybeth E Mullaney Mullaney Law contact info

Docket last updated: 1 hours ago

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 No. 29) pertains to an outdated complaint and is therefore rendered MOOT.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) Related: [-]
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 No. 15) pertains to an outdated complaint and is therefore rendered MOOT.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) Related: [-]
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) Related: [-]
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) Related: [-]
		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) Related: [-]
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) Related: [-]
		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) Related: [-]
		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) Related: [-]
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, ) Related: [-]
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) Related: [-]
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) Related: [-]
		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) Related: [-]
		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, ) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
		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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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, ) Related: [-]
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) Related: [-]
		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) Related: [-]
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, ) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
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) Related: [-]
		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) Related: [-]
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, ) Related: [-]
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, ) Related: [-]
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, ) Related: [-]
		Att: 1 State Court Documents # 2 Cert of SVC

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