Fernandes et al v. D.R. Horton, Inc. et al
| South Carolina District Court | |
| Judge: | David C Norton |
| Case #: | 2:24-cv-03928 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Jul 11, 2024 |
| Case in other court: | Dorchester County Court of Common Pleas, 2024CP1800821 |
| Last checked: Sunday Aug 25, 2024 6:03 AM EDT |
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Cross Claimant
D.R. Horton, Inc.
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Represented By
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Cross Defendant
Professional Exteriors II, LLC
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Cross Defendant
Archer Exteriors Inc
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Represented By
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Defendant
Archer Exteriors Inc
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Represented By
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Defendant
Professional Exteriors II, LLC
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Defendant
JOHN DOES 1-50
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Defendant
D.R. Horton, Inc.
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Represented By
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Plaintiff
Lauren Fernandes
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Represented By
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Plaintiff
Jason Fernandes
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Represented By
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Plaintiff
Janet Patri
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Represented By
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Plaintiff
Keith Patri
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Represented By
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Plaintiff
Myk Barbero
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Represented By
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Plaintiff
Cindy Barbero
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Represented By
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ThirdParty Defendant
James Bayles
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ThirdParty Defendant
Antonio Gaspar
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ThirdParty Defendant
NZR Construction, LLC
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ThirdParty Defendant
Gracelia Reza Rodiles
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ThirdParty Defendant
Mario Salgado
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ThirdParty Defendant
Sabino Fino Villanueva
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ThirdParty Plaintiff
Archer Exteriors Inc
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Represented By
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| Docket last updated: 09/30/2024 11:59 PM EDT |
| Thursday, September 26, 2024 | ||
| 30 | 30
misc
Reply Not to a Motion
Thu 09/26 11:57 AM
REPLY by Professional Exteriors II, LLC to Cross Claims of DR Horton . (Boineau, Robert) |
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| 29 | 29
answer
Answer to Complaint
Thu 09/26 11:46 AM
Professional Exteriors ANSWER to Complaint by Professional Exteriors II, LLC.(Boineau, Robert) |
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| Wednesday, September 25, 2024 | ||
| 28 | 28
notice
Notice of Rescheduled Hearing
Wed 09/25 11:49 AM
AMENDED NOTICE OF HEARING ON10 Motion to Remand only. Motion Hearing set for 10/7/2024 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (hcor, ) |
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| Tuesday, September 24, 2024 | ||
| 27 | 27
1
pgs
order
Order on Motion for Extension of Time
Tue 09/24 11:31 AM
ORDER granting 26 Motion for Extension of Time. The deadline for Professional Exteriors II, LLC to Answer or otherwise plead in this matter is extended until October 1, 2024. Signed by Honorable David C Norton on 09/24/2024.(hcor, ) |
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| Monday, September 23, 2024 | ||
| 26 | 26
motion
Extension of Time
Mon 09/23 2:15 PM
Consent MOTION for Extension of Time by Professional Exteriors II, LLC. Response to Motion due by 10/7/2024. 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.Proposed order is being emailed to chambers with copy to opposing counsel.(Boineau, Robert) |
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Att: 1
Proposed Order
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| Monday, September 16, 2024 | ||
| 25 | 25
misc
Affidavit
Mon 09/16 4:56 PM
AFFIDAVIT of Stacy Andrews Affidavit of Service of Archer Exteriors, Inc. by D.R. Horton, Inc.. (Paavola, David) |
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| Monday, September 09, 2024 | ||
| 24 | 24
order
Order on Motion for Extension of Time to File Response/Reply
Mon 09/09 11:47 AM
TEXT ORDER granting 22 Motion for Extension of Time to File Response to Plaintiffs' Motion to Remand [ECF 10]. Signed by Honorable David C Norton on 09/09/2024.(hcor, ) |
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| Friday, September 06, 2024 | ||
| 23 | 23
notice
Notice of Joinder
Fri 09/06 4:13 PM
NOTICE OF JOINDER re16 Response in Opposition to Motion, by Francis Heyward Grimball on behalf of Archer Exteriors Inc (Grimball, Francis) |
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| 22 | 22
motion
Extension of Time to File Response/Reply
Fri 09/06 4:08 PM
MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion to Remand [ECF 10] by Archer Exteriors Inc. Response to Motion due by 9/20/2024. 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. No proposed order.(Grimball, Francis) |
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| Thursday, September 05, 2024 | ||
| 21 | 21
answer
Reply to Crossclaim Third Party Complaint
Thu 09/05 2:25 PM
REPLY to Crossclaim4 of D.R. Horton , THIRD PARTY COMPLAINT against James Bayles, Antonio Gaspar, NZR Construction, LLC, Gracelia Reza Rodiles, Mario Salgado, Sabino Fino Villanueva by Archer Exteriors Inc.(Grimball, Francis) |
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Att: 1
Summons 3rd-Party Summons
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| Wednesday, August 21, 2024 | ||
| 20 | 20
respm
Response in Support of Motion
Wed 08/21 3:13 PM
RESPONSE in Support re10 MOTION to Remand to State Court Response filed by Cindy Barbero, Myk Barbero, Jason Fernandes, Lauren Fernandes, Janet Patri, Keith Patri.(Kirchner, Jesse) |
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Att: 1
Exhibit A - MSC Exteriors and NZR Construction Sec of State,
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Att: 2
Exhibit B - Wind Zone Chart,
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Att: 3
Exhibit C - Census Data,
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Att: 4
Exhibit D - Vehicle Records
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| Monday, August 19, 2024 | ||
| 19 | 19
answer
Answer to Complaint Third Party Complaint
Mon 08/19 4:28 PM
ANSWER to Complaint of Plaintiffs , THIRD PARTY COMPLAINT against Mario Salgado, Sabino Fino Villanueva, Gracelia Reza Rodiles, Antonio Gaspar, NZR Construction, LLC, James Bayles by Archer Exteriors Inc.(Grimball, Francis) |
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Att: 1
Summons 3rd-Party Summons
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| 18 | 18
notice
Notice of Appearance
Mon 08/19 3:14 PM
NOTICE of Appearance by Francis Heyward Grimball on behalf of Archer Exteriors Inc (Grimball, Francis) |
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| 17 | 17
notice
Notice of Hearing on Motion
Mon 08/19 12:32 PM
NOTICE of Hearing on Motion5 MOTION to Compel Arbitration and to Stay Proceedings ,7 MOTION to Stay and Compel Compliance with the Notice and Opportunity to Cure Act ,8 MOTION to Stay Deadlines and Entry of Scheduling Order ,10 MOTION to Remand to State Court : Motion Hearing set for 10/7/2024 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (hcor, ) |
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| Wednesday, August 14, 2024 | ||
| 16 | 16
respm
Response in Opposition to Motion
Wed 08/14 2:59 PM
RESPONSE in Opposition re10 MOTION to Remand to State Court Response filed by D.R. Horton, Inc..Reply to Response to Motion due by 8/21/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Paavola, David) |
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| Thursday, August 08, 2024 | ||
| 15 | 15
respm
Response in Support of Motion
Thu 08/08 2:19 PM
RESPONSE in Support re5 MOTION to Compel Arbitration and to Stay Proceedings Response filed by D.R. Horton, Inc.. (Paavola, David) |
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| 14 | 14
respm
Response in Support of Motion
Thu 08/08 2:13 PM
RESPONSE in Support re7 MOTION to Stay and Compel Compliance with the Notice and Opportunity to Cure Act Response filed by D.R. Horton, Inc.. (Paavola, David) |
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| Thursday, August 01, 2024 | ||
| 13 | 13
respm
Response in Opposition to Motion
Thu 08/01 1:28 PM
RESPONSE in Opposition re7 MOTION to Stay and Compel Compliance with the Notice and Opportunity to Cure Act Response filed by Cindy Barbero, Myk Barbero, Jason Fernandes, Lauren Fernandes, Janet Patri, Keith Patri.Reply to Response to Motion due by 8/8/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kirchner, Jesse) |
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| 12 | 12
respm
Response in Opposition to Motion
Thu 08/01 1:24 PM
RESPONSE in Opposition re5 MOTION to Compel Arbitration and to Stay Proceedings Response filed by Cindy Barbero, Myk Barbero, Jason Fernandes, Lauren Fernandes, Janet Patri, Keith Patri.Reply to Response to Motion due by 8/8/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.(Kirchner, Jesse) |
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Att: 1
Exhibit Affidavits,
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Att: 2
Exhibit Deeds,
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Att: 3
Exhibit Smith Order,
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Att: 4
Exhibit Upchurch Order,
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Att: 5
Exhibit Zitek Order,
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Att: 6
Exhibit Baddorf Order,
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Att: 7
Exhibit Mirmow Order,
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Att: 8
Exhibit Horton Website,
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Att: 9
Exhibit Foxbank Order
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| Wednesday, July 31, 2024 | ||
| 11 | 11
respm
Response in Support of Motion
Wed 07/31 5:15 PM
RESPONSE in Support re10 MOTION to Remand to State Court Response filed by Cindy Barbero, Myk Barbero, Jason Fernandes, Lauren Fernandes, Janet Patri, Keith Patri.(Kirchner, Jesse) |
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Att: 1
Exhibit Exhibit A Professional Exteriors SOS Information,
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Att: 2
Exhibit Exhibit B Part 1 - Tax Records,
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Att: 3
Exhibit Exhibit B Part 2 - Tax Records,
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Att: 4
Exhibit Exhibit C - 2023 Annual Report,
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Att: 5
Exhibit Exhibit D - Brunetti Order,
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Att: 6
Exhibit Exhibit E - Order Denying DRH Permission to Appeal
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| 10 | 10
motion
Remand to State Court
Wed 07/31 5:10 PM
MOTION to Remand to State Court by Cindy Barbero, Myk Barbero, Jason Fernandes, Lauren Fernandes, Janet Patri, Keith Patri. Response to Motion due by 8/14/2024. 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.(Kirchner, Jesse) |
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| Wednesday, July 24, 2024 | ||
| 9 | 9
service
Summons Issued
Wed 07/24 7:40 AM
Summons Issued as to Archer Exteriors Inc, Professional Exteriors II, LLC. (hcor, ) |
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| Thursday, July 18, 2024 | ||
| 8 | 8
motion
Stay
Thu 07/18 5:54 PM
MOTION to Stay Deadlines and Entry of Scheduling Order by D.R. Horton, Inc.. Response to Motion due by 8/1/2024. 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.(Paavola, David) |
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| 7 | 7
motion
Stay
Thu 07/18 5:52 PM
MOTION to Stay and Compel Compliance with the Notice and Opportunity to Cure Act by D.R. Horton, Inc.. Response to Motion due by 8/1/2024. 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.(Paavola, David) |
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| 6 | 6
respm
Response in Support of Motion
Thu 07/18 5:44 PM
RESPONSE in Support re5 MOTION to Compel Arbitration and to Stay Proceedings Response filed by D.R. Horton, Inc..(Paavola, David) |
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Exhibit Exhibit 4,
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Att: 5
Exhibit Exhibit 5,
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Att: 6
Exhibit Exhibit 6,
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Att: 7
Exhibit Exhibit 7,
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Att: 8
Exhibit Exhibit 8
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| 5 | 5
motion
Compel
Thu 07/18 5:38 PM
MOTION to Compel Arbitration and to Stay Proceedings by D.R. Horton, Inc.. Response to Motion due by 8/1/2024. 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.(Paavola, David) |
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| 4 | 4
answer
Answer to Complaint Crossclaim
Thu 07/18 4:48 PM
D.R. Horton, Inc.'s ANSWER to Complaint , CROSSCLAIM against Archer Exteriors Inc, Professional Exteriors II, LLC by D.R. Horton, Inc..(Paavola, David) |
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Att: 1
Summons
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| Thursday, July 11, 2024 | ||
| 3 | 3
discov
Local Rule 26.01 Answers to Interrogatories
Fri 07/12 12:39 PM
Local Rule 26.01 Answers to Interrogatories by D.R. Horton, Inc.(rhei, ) |
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| 1 | 1
cmp
Notice of Removal
Fri 07/12 12:35 PM
NOTICE OF REMOVAL from Dorchester County Court of Common Pleas, case number 2024CP1800821. (Filing fee $ 405 receipt number ASCDC-11872511), filed by D.R. Horton, Inc.(rhei, ) |
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Att: 1
Exhibit 1-State Court Documents,
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Att: 2
Exhibit 2- State Court Documents & Service Documents
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