Manuel et al v. Gembala et al

Plaintiff: Michael Manuel and Dorothy Manuel
Defendant: Joseph A Gembala, III, Joseph A Gembala III & Associates, Secure Property Solutions LLC, Custom Asset Solutions LLC and National Mortgage Consultants Group LLC
Case Number: 7:2010cv00004
Filed: January 14, 2010
Court: North Carolina Eastern District Court
Office: Southern Division Office
County: BLADEN
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18:1964 Racketeering (RICO) Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed#Document Text
October 10, 2013 101 Opinion or Order of the Court ORDER denying 85 Motion for Summary Judgment and denying without prejudice 90 Motion to Certify Class - Pursuant to Federal Rule of Civil Procedure 56(f), the court gives NOTICE to plaintiffs that, on the basis of the undisputed facts as set fo rth herein, and on the basis of other materials presently in the record, the court may grant summary judgment for defendant. The court DIRECTS plaintiffs to show cause within twenty-eight (28) days of the date of this order why summary judgment shall not be granted for defendant. Defendant will have fourteen (14) days of plaintiffs' response to file a reply, if any. Signed by District Judge Louise Wood Flanagan on 10/10/2013. (Baker, C.)
November 13, 2013 103 Opinion or Order of the Court ORDER granting 102 Motion for Voluntary Dismissal - Signed by District Judge Louise Wood Flanagan on 11/12/2013. (Baker, C.)
November 14, 2013 104 Opinion or Order of the Court JUDGMENT - Signed by Julie A. Richards, Clerk of Court on 11/14/2013. (Baker, C.)
July 28, 2010 41 Opinion or Order of the Court ENTRY OF DEFAULT AS TO DEFENDANT CHRISTOPHER FRISCH- Signed by Clerk of Court on 07/28/2010. (Baker, C.)
September 30, 2010 50 Opinion or Order of the Court ORDER denying 9 Motion to Appoint Receiver; granting 13 Motion to Dismiss and denying 13 Motion to Strike; and, denying 27 Motion to Certify Class. In addition, defendant SPS and defendant NMCG are DISMISSED from thisaction. Because only the Gembala defendants moved to dismiss plaintiffs' claims, the dispositive nature of this order is limited to plaintiffs' claims as against the Gembala defendants. This order does not dispose of plaintiffs' claims against defendant Malone . Said defendant shall have fourteen (14) days from date of entry of this order to file any supplement to plaintiff's report and plan, earlier filed jointly with the Gembala defendants 42 , now dismissed from this action. Thereafter, the court will enter its case management order. Signed by Chief Judge Louise Wood Flanagan on 09/30/10. Copies served. (Baker, C.)
July 27, 2011 64 Opinion or Order of the Court ORDER granting 51 Motion for Leave to File Second Amended Complaint and denying without prejudice as premature 53 Amended Motion to Certify Class - Default previously entered against Custom Asset Solutions, LLC and Christopher Frisch is set aside. Counsel are directed to read Order in its entirety for critical information. Signed by Chief Judge Louise Wood Flanagan on 7/27/11. (Tripp, S.)
September 10, 2012 80 Opinion or Order of the Court ORDER granting 69 Motion to Dismiss for Failure to State a Claim; denying 71 Motion to Dismiss for Failure to State a Claim; and, adopting 79 Memorandum and Recommendations - The second amended complaint is DISMISSED without prejudice as to defendants Joseph A. Gembala, III and Joseph A. Gembala, III & Associates. Where the motion to dismiss by defendant Michael Malone is denied, this case requires scheduling order to be entered. The parties are ordered to hold the rule 26(f) conference on or before twenty-one (21) days from entry of this order. The joint report and plan shall be filed with the court within fourteen (14) days after the conference. Signed by District Judge Louise Wood Flanagan on 9/7/2012. (Baker, C.)

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Search for this case: Manuel et al v. Gembala et al
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Plaintiff: Michael Manuel
Represented By: Christopher W. Livingston
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Plaintiff: Dorothy Manuel
Represented By: Christopher W. Livingston
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Defendant: Joseph A Gembala, III
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Defendant: Joseph A Gembala III & Associates
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Defendant: Secure Property Solutions LLC
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Defendant: Custom Asset Solutions LLC
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Defendant: National Mortgage Consultants Group LLC
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