ABC Phones of North Carolina, Inc. v. Yahyavi, et al
| ABC Phones of North Carolina, Inc. and ABC Phones of North Carolina, Inc. doing business as Victra |
| Sprint by Experts Choice, Ali Yahyavi, Experts Choice, Wireless World, LLC and Wireless World, LLC doing business as Experts Choice |
| 5:2020cv00090 |
| March 11, 2020 |
| US District Court for the Eastern District of North Carolina |
| W Earl Britt |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 54 STIPULATION of Dismissal with Prejudice by ABC Phones of North Carolina, Inc. (Gray, Samuel) |
Filing 52
ORDER regarding #40 Motion to Amend Complaint: Plaintiff's motion for leave to amend its complaint [DE #40] is DISMISSED as moot, subject to the right of Plaintiff to refile the motion in the event the settlement is not consummated. Signed by Magistrate Judge Kimberly A. Swank on 6/21/2021. (Lee, L.)
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| Filing 50 Minute Entry for proceedings held before Magistrate Judge Kimberly A. Swank: Telephonic Pretrial Conference held on 2/23/2021 - Counsel for parties attended. (Court Reporter - FTR Gold) (Foell, S.) |
| Filing 49 Sealed Notice to Parties for 2/23/2021, Teleconference. (Available to: Plaintiff ABC Phones of North Carolina, Inc., Defendants Sprint by Experts Choice, Wireless World, LLC, Ali Yahyavi) (Foell, S.) |
| ****Reset Hearing: Telephonic Non-Final Pretrial Conference set for 2/23/2021 at 10:30 AM before Magistrate Judge Kimberly A. Swank. (Herrmann, L.) |
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TEXT ORDER In light of the information contained in the parties' joint status report #47 , the court hereby CONTINUES the nonfinal pretrial conference scheduled for 1/26/2021. The clerk is directed to set the matter for a telephonic nonfinal pretrial conference at 10:30 a.m. on 2/23/2021 and to provide the parties with conference call instructions. Entered by Magistrate Judge Kimberly A. Swank on 1/22/2021. (Herrmann, L.)
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| Filing 48 Joint MOTION to Conduct Non-Final Pre-Trial Conference Telephonically filed by ABC Phones of North Carolina, Inc.. (Attachments: #1 Text of Proposed Order) (Gray, Samuel) |
| Filing 47 STATUS REPORT Joint by ABC Phones of North Carolina, Inc. (Gray, Samuel) |
| Motion Referred to US Magistrate Judge Kimberly A. Swank: #48 Joint MOTION to Conduct Non-Final Pre-Trial Conference Telephonically. (Herrmann, L.) |
| Motion No Longer Submitted to Senior Judge W. Earl Britt. Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #40 MOTION to Amend/Correct #7 Amended Complaint. (Herrmann, L.) |
| Motion Submitted to Senior Judge W. Earl Britt: #40 MOTION to Amend/Correct #7 Amended Complaint. (Herrmann, L.) |
| Filing 46 REPLY to Response to Motion regarding #40 MOTION to Amend/Correct #7 Amended Complaint, filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
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TEXT ORDER - In light of the pending motion to amend Plaintiff's complaint and the information contained in the parties' joint status report filed 12/1/2020, the court hereby CONTINUES the nonfinal pretrial conference scheduled for 12/8/2020 until 1/26/2021 at at 11:30 a.m. On or before 1/19/2021, the parties shall confer and submit to the court a joint report in accordance with Section H of the Case Management Order entered in this action. The parties motion to appear telephonically #45 on 12/8/2020 is DISMISSED as moot. Entered by Magistrate Judge Kimberly A. Swank on 12/2/2020. (Herrmann, L.)
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| ****Reset Hearing: Non-Final Pretrial Conference set for 1/26/2021 at 11:30 AM in Greenville Annex - Courtroom before Magistrate Judge Kimberly A. Swank. (Herrmann, L.) |
| Filing 45 Joint MOTION to Conduct Non-Final Pre-Trial Conference Telephonically filed by ABC Phones of North Carolina, Inc.. (Attachments: #1 Text of Proposed Order) (Gray, Samuel) |
| Filing 44 STATUS REPORT Joint by ABC Phones of North Carolina, Inc. (Gray, Samuel) |
| Motion Referred to US Magistrate Judge Kimberly A. Swank: #45 Joint MOTION to Conduct Non-Final Pre-Trial Conference Telephonically. (Herrmann, L.) |
| Filing 43 RESPONSE in Opposition regarding #40 MOTION to Amend/Correct #7 Amended Complaint, filed by Ali Yahyavi. (Harris, Phillip) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court: #42 Consent MOTION for Extension of Time to File Response as to #40 MOTION to Amend/Correct #7 Amended Complaint. (Herrmann, L.) |
| TEXT ORDER granting Defendant's Consent Motion for Extension of Time #42 . For good cause shown, it is ordered that Defendant has up to and including November 30, 2020, within which to respond to the Motion for Leave to Amend #40 . Signed by Peter A. Moore, Jr., Clerk of Court on 11/20/2020. (Hockaday, A.) |
| Filing 42 Consent MOTION for Extension of Time to File Response/Reply as to #40 MOTION to Amend/Correct #7 Amended Complaint, filed by Ali Yahyavi. (Attachments: #1 Text of Proposed Order) (Harris, Phillip) |
| Filing 41 Memorandum in Support regarding #40 MOTION to Amend/Correct #7 Amended Complaint, filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Filing 40 MOTION to Amend/Correct #7 Amended Complaint, filed by ABC Phones of North Carolina, Inc.. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit B - Copy of Proposed Second Amended Complaint Indicating Differences Between It and First Amended Complaint per Local Rule 15.1(a)(ii)) (Gray, Samuel) |
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Filing 39
ORDER Appointing Mediator. Signed by Peter A. Moore, Jr., Clerk of Court on 9/14/2020. Copy sent to Ann Anderson, P.O. Box 93, Pilot Mountain, NC 27041 via US Mail. (Herrmann, L.)
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| Filing 38 Selection of Ann Anderson as mediator filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
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Filing 37
CONSENT PROTECTIVE ORDER granting #36 Motion for Protective Order. Signed by Magistrate Judge Kimberly A. Swank on 8/31/2020. (Herrmann, L.)
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| Filing 36 Joint MOTION for Protective Order filed by ABC Phones of North Carolina, Inc.. (Attachments: #1 Exhibit A - Consent Protective Order) (Gray, Samuel) |
| Motion Referred to US Magistrate Judge Kimberly A. Swank: #36 Joint MOTION for Protective Order. (Herrmann, L.) |
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Filing 35
CASE MANAGEMENT ORDER: Discovery due by 6/30/2021. Motions due by 7/30/2021. Non-Final Pretrial Conference set for 12/8/2020 at 1:00 PM in Greenville Annex - Courtroom before Magistrate Judge Kimberly A. Swank. Counsel should read the order in its entirety for critical deadlines. Signed by Magistrate Judge Kimberly A. Swank on 8/27/2020. (Herrmann, L.)
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| NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 9/17/2020. (Herrmann, L.) |
| Filing 34 Rule 26(f) Report (joint) filed by ABC Phones of North Carolina, Inc.. (Wells, Hayley) |
| Referred #34 Rule 26(f) Report to US Magistrate Judge Kimberly A. Swank for entry of a scheduling order. (Herrmann, L.) |
| Filing 33 ANSWER to #7 Amended Complaint, by Ali Yahyavi. (Dowdy, Joseph) |
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Filing 32
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 7/22/2020. (Herrmann, L.)
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Filing 31
ORDER denying #19 Motion for Preliminary Injunction; granting in part and denying in part #25 Motion to Dismiss for Lack of Jurisdiction. Experts Choice is DISMISSED WITHOUT PREJUDICE from this action. Victra's UDTPA claim against Yahyavi is DISMISSED. Signed by Senior Judge W. Earl Britt on 7/22/2020. (Herrmann, L.)
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| Motion Submitted to Senior Judge W. Earl Britt: #25 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, In the Alternative, to Transfer Venue, and Defendants' Motion to Dismiss for Failure to State a Claim. (Herrmann, L.) |
| Filing 30 REPLY to Response to Motion regarding #25 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, In the Alternative, to Transfer Venue, and Defendants' Motion to Dismiss for Failure to State a Claim filed by Wireless World, LLC, Ali Yahyavi. (Dowdy, Joseph) |
| Filing 29 RESPONSE in Opposition regarding #25 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, In the Alternative, to Transfer Venue, and Defendants' Motion to Dismiss for Failure to State a Claim filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Motion Submitted to Senior Judge W. Earl Britt: #19 MOTION for Preliminary Injunction. (Herrmann, L.) |
| Filing 28 REPLY to Response to Motion regarding #19 MOTION for Preliminary Injunction filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Filing 27 RESPONSE in Opposition regarding #19 MOTION for Preliminary Injunction filed by Wireless World, LLC, Ali Yahyavi. (Attachments: #1 Exhibit 1 - Declaration of Ali Yahyavi, #2 Exhibit 2 - Declaration of Kristian Allos) (Dowdy, Joseph) |
| Filing 26 Memorandum in Support regarding #25 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, In the Alternative, to Transfer Venue, and Defendants' Motion to Dismiss for Failure to State a Claim filed by Wireless World, LLC, Ali Yahyavi. (Attachments: #1 Exhibit 1 - Declaration of Ali Yahyavi) (Dowdy, Joseph) |
| Filing 25 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, or, In the Alternative, to Transfer Venue, and Defendants' Motion to Dismiss for Failure to State a Claim filed by Wireless World, LLC, Ali Yahyavi. (Dowdy, Joseph) |
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Filing 24
ORDER denying #21 Motion to Expedite; denying #9 Motion for Temporary Restraining Order. Signed by Senior Judge W. Earl Britt on 4/3/2020. (Herrmann, L.)
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| Filing 23 REPLY to Response to Motion regarding #21 MOTION to Expedite Review and Ruling of Motion for Preliminary Injunction filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Motion Submitted to Senior Judge W. Earl Britt: #21 MOTION to Expedite. (Herrmann, L.) |
| Filing 22 RESPONSE to Motion regarding #21 MOTION to Expedite Review and Ruling of Motion for Preliminary Injunction filed by Wireless World, LLC, Ali Yahyavi. (Dowdy, Joseph) |
| REMINDER TO COUNSEL regarding #20 . Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Herrmann, L.) |
| Motion Submitted to Senior Judge W. Earl Britt: #9 MOTION for Temporary Restraining Order. (Herrmann, L.) |
| Filing 21 MOTION to Expedite Review and Ruling of Motion for Preliminary Injunction filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Filing 20 Memorandum in Support regarding #19 MOTION for Preliminary Injunction filed by ABC Phones of North Carolina, Inc.. (Attachments: #1 Exhibit A - Affidavit of Rich Balot, #2 Exhibit B - Affidavit of Octavis Poe, #3 Exhibit C - Declaration of Josiah Shank, #4 Exhibit D - Declaration of Emily Taylor) (Gray, Samuel) |
| Filing 19 MOTION for Preliminary Injunction filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Filing 18 REPLY to Response to Motion regarding #9 MOTION for Temporary Restraining Order filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| REMINDER TO COUNSEL regarding #17 . Pursuant to Judge Britt's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 310 New Bern Avenue, Raleigh, NC 27601. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Herrmann, L.) |
| Filing 17 RESPONSE in Opposition regarding #9 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Wireless World, LLC, Ali Yahyavi. (Attachments: #1 Exhibit 1 - Declaration of Ali Yahyavi) (Dowdy, Joseph) |
| Filing 16 Waiver of Service Returned Executed filed by ABC Phones of North Carolina, Inc.. Wireless World, LLC waiver sent on 3/16/2020, answer due 5/15/2020. (Gray, Samuel) |
| Filing 15 Waiver of Service Returned Executed filed by ABC Phones of North Carolina, Inc.. Ali Yahyavi waiver sent on 3/16/2020, answer due 5/15/2020. (Gray, Samuel) |
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TEXT ORDER This matter is before the court on plaintiff's request for expedited review of its motion for a temporary restraining order. Defendants shall file any response to the motion for a temporary restraining order within 11 days, and plaintiff shall file any reply within 5 days thereafter. Signed by Senior Judge W. Earl Britt on 3/13/2020. (CHAM, ACP)
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| Filing 14 Summons Issued as to Wireless World, LLC d/b/a Experts Choice. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Herrmann, L.) |
| Filing 13 Notice of Appearance filed by Emily Gray Massey on behalf of ABC Phones of North Carolina, Inc.. (Massey, Emily) |
| Filing 12 Notice of Appearance filed by Hayley Roper Wells on behalf of ABC Phones of North Carolina, Inc.. (Wells, Hayley) |
| Filing 11 Financial Disclosure Statement by ABC Phones of North Carolina, Inc. identifying Corporate Parent A2Z Wireless Holdings, Inc., Corporate Parent LSF9 Atlantis Holdings, LLC, Corporate Parent LSF9 Atlantis Parent, LLC for ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Filing 10 Memorandum in Support regarding #9 MOTION for Temporary Restraining Order filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Filing 9 MOTION for Temporary Restraining Order filed by ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Filing 8 Notice of Appearance filed by Samuel McKinley Gray, III on behalf of ABC Phones of North Carolina, Inc.. (Gray, Samuel) |
| Filing 7 AMENDED COMPLAINT against Ali Yahyavi, Wireless World, LLC d/b/a Experts Choice, filed by ABC Phones of North Carolina, Inc.. (Attachments: #1 Exhibit A - Copy of Agreement, #2 Exhibit B - LinkedIn Post 1 by Aaron Alaniz, #3 Exhibit C - LinkedIn Post 2 by Luis Venegas, #4 Exhibit D - Affidavit of Antonio Herrera, #5 Proposed Summons to Wireless World, LLC d/b/a Experts Choice) (Gray, Samuel) |
| Filing 6 Notice of Appearance filed by Phillip A. Harris, Jr on behalf of Sprint by Experts Choice, Ali Yahyavi. (Harris, Phillip) |
| Filing 5 Financial Disclosure Statement by Sprint by Experts Choice, Ali Yahyavi identifying Corporate Parent JCKI Wireless World Investors, LLC, Corporate Parent Wireless Choice, Inc., Corporate Parent The Isho Family Trust, Corporate Parent The Yaldo Family Trust for Sprint by Experts Choice. (Dowdy, Joseph) |
| Filing 4 Notice of Appearance filed by Joseph Samuel Dowdy on behalf of Sprint by Experts Choice, Ali Yahyavi. (Dowdy, Joseph) |
| Filing 3 Notice filed by Sprint by Experts Choice, Ali Yahyavi (Supplemental Removal Cover Sheet). (Dowdy, Joseph) |
| Filing 2 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel S. McKinley Gray, III, Hayley R. Wells and Emily G. Massey of Ward and Smith, P.A. at P. O. Box 867, New Bern, NC 28563-0867 mailed via US Mail on March 11, 2020. (Rudd, D.) |
| Filing 1 NOTICE OF REMOVAL by Sprint by Experts Choice, a/k/a Experts Choice, Ali Yahyavi from Wake County, NC, Superior Court, case number 20-CVS-2983. (Filing fee $ 400 receipt number 0417-5349379), filed by Sprint by Experts Choice, a/k/a Experts Choice, Ali Yahyavi . (Attachments: #1 Exhibit A - Declaration of Alexander C. Hoggan, #2 Exhibit B - State Court Filings, #3 Civil Cover Sheet) (Dowdy, Joseph) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Sprint by Experts Choice, Ali Yahyavi. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event "Notice-Other". Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Herrmann, L.) |
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