STATE OF NORTH CAROLINA v. VAPECO DISTRIBUTION LLC
STATE OF NORTH CAROLINA ex rel. JOSHUA H. STEIN, Attorney General and STATE OF NORTH CAROLINA |
VAPECO DISTRIBUTION LLC |
1:2019cv00990 |
September 25, 2019 |
US District Court for the Middle District of North Carolina |
L PATRICK AULD |
CATHERINE C EAGLES |
Other Statutory Actions |
28 U.S.C. § 1331 |
Defendant |
Docket Report
This docket was last retrieved on December 10, 2019. A more recent docket listing may be available from PACER.
Document Text |
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Filing 20 ORDER signed by JUDGE CATHERINE C. EAGLES on 12/10/2019. Pursuant to 28 U.S.C. 1447(c), and in accordance with the Court's Memorandum Opinion and Order and the parties' Stipulation and Request for Attorneys' Fees, the Court ORDERS that Defendant shall pay to the North Carolina Attorney General the sum of $1,365.63 to be used for attorneys' fees, and that Defendant shall pay this sum to the Attorney General via cashier's check or other certified funds made payable to the "North Carolina Department of Justice."(Taylor, Abby) |
CASE REFERRED RE: #19 Stipulation to JUDGE CATHERINE C. EAGLES (Sanders, Marlene) |
Filing 19 STIPULATION and Request for Attorneys Fees by STATE OF NORTH CAROLINA. (Attachments: #1 Text of Proposed Order Proposed Order on Attorneys' Fees)(D'ARRUDA, KIMBERLEY) |
Filing 18 MEMORANDUM OPINION AND ORDER, signed by JUDGE CATHERINE C. EAGLES on 11/7/2019, that 1. The State's motion for remand and for reasonable attorneys' fees and costs, Doc. 9, is GRANTED. 2. This matter is hereby REMANDED to the Superior Court of Durham County. The Clerk shall transmit this Order to the Clerk of Superior Court in Durham County. 3. If the State wishes to proceed with its request for attorneys' fees under 28 U.S.C. 1447(c), the State shall, within 14 days of entry of this Order, provide information about the time spent on the motion and the expected amount of the attorneys' fee request to the defendant, and the parties shall thereafter meet and confer as to the amount of attorneys fees and costs. See L.R. 54.2. If they agree as to the amount, they are to file an appropriate stipulation and request for an order no later than December 6, 2019. If they are unable to agree, then no later than December 6, 2019, the State shall file a separate motion for 12 attorneys' fees, accompanied by the written statement of consultation and motion required by L.R. 54.2, and supported by a declaration or affidavit, time records, or other evidence documenting costs and expenses incurred as a result of removal. VapeCo may then file a response and supporting evidence within 7 days after the State's filing. 4. Remand shall not await disposition of the attorneys' fee issue. If nothing is filed on December 6, 2019, the Clerk shall terminate and close the case. (Butler, Carol) |
Filing 17 Corrected document re #16 Reply to Response to Motion. (WILKES, DANIEL) |
Motions Submitted: #9 MOTION to Remand to State Court to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
Filing 16 REPLY, filed by Plaintiff STATE OF NORTH CAROLINA, to Response to #9 MOTION to Remand to State Court filed by STATE OF NORTH CAROLINA. (WILKES, DANIEL) |
Filing 15 NOTICE of Appearance by attorney DANIEL T. WILKES on behalf of Plaintiff STATE OF NORTH CAROLINA (WILKES, DANIEL) |
Filing 14 RESPONSE in Opposition re #11 Memorandum, filed by STATE OF NORTH CAROLINA, #9 MOTION to Remand to State Court filed by STATE OF NORTH CAROLINA filed by VAPECO DISTRIBUTION LLC. Replies due by 11/6/2019 (Attachments: #1 Affidavit Decl. of Jameson Rodgers)(YOUNG, ROBERT) |
Filing 13 NOTICE of Appearance by attorney KIMBERLEY A. D'ARRUDA on behalf of Plaintiff STATE OF NORTH CAROLINA (D'ARRUDA, KIMBERLEY) |
Filing 12 ANSWER to #4 Complaint by VAPECO DISTRIBUTION LLC. (YOUNG, ROBERT) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES. The time to respond to the Motion to Remand is shortened to 10/23/19. (Sanders, Marlene) |
Filing 11 MEMORANDUM re #9 MOTION to Remand to State Court by Plaintiff STATE OF NORTH CAROLINA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(MCHENRY, LAURA) (Attachment 2 Exhibit B replaced on 10/4/2019) (Taylor, Abby). |
Filing 9 MOTION to Remand to State Court by STATE OF NORTH CAROLINA. Response to Motion due by 10/25/2019 (Attachments: #1 Text of Proposed Order)(MCHENRY, LAURA) (Main Document 9 replaced on 10/4/2019) (Taylor, Abby). (Attachment 1 replaced on 10/4/2019) (Taylor, Abby). |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLS: Based on developments in a related case, 19cv886, the Court thinks it likely the plaintiff will file a motion to remand in this case. Counsel for the plaintiff shall provide counsel for the defendant copies of the motion to remand and brief in support filed in 19cv886, and defendant shall be prepared to respond to a similar motion in this case on a shortened deadline. (Sanders, Marlene) |
Filing 8 Consent MOTION for Extension of Time to File Answer to Complaint by VAPECO DISTRIBUTION LLC. (YOUNG, ROBERT) |
ORDER granting #8 Motion for Extension of Time to Answer for VAPECO DISTRIBUTION LLC. Answer due by 10/7/2019. Signed by John Brubaker, Clerk of Court, on 10/2/2019. (Brubaker, John) |
Filing 7 CERTIFICATE OF SERVICE OF NOTICE TO ADVERSE PARTY OF REMOVAL by Defendant VAPECO DISTRIBUTION LLC. (YOUNG, ROBERT) |
Filing 6 STIPULATION re #1 Petition for Removal,, Exh. A to Notice of Removal by VAPECO DISTRIBUTION LLC. (YOUNG, ROBERT) |
Case assigned to JUDGE CATHERINE C. EAGLES and MAGISTRATE JUDGE L. PATRICK AULD. (Coyne, Michelle) |
Filing 5 Summons Issued as to VAPECO DISTRIBUTION LLC. (Original document filed in Durham County Superior Court, Case Number 19CVS3832 and is listed as Exhibit 3 to the Petition for Removal) (Coyne, Michelle) |
Filing 4 COMPLAINT against VAPECO DISTRIBUTION LLC, filed by STATE OF NORTH CAROLINA. (Original document filed in Durham County Superior Court, Case Number 19CVS3832 and is listed as Exhibit A to the Petition for Removal)(Coyne, Michelle) |
Filing 3 Corporate Disclosure Statement by VAPECO DISTRIBUTION LLC identifying Corporate Parent NEwhere Inc. for VAPECO DISTRIBUTION LLC.. (YOUNG, ROBERT) |
Filing 2 NOTICE of Appearance by attorney ROBERT ANTHONY YOUNG on behalf of Defendant VAPECO DISTRIBUTION LLC (YOUNG, ROBERT) |
Filing 1 PETITION FOR REMOVAL against STATE OF NORTH CAROLINA ex rel. JOSHUA H. STEIN, Attorney General ( Filing fee $ 400 receipt number 0418-2661671.)(Related Case # 19-cv-886), filed by VAPECO DISTRIBUTION LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exh. A Complaint and Motions for Temporary Restraining Order and Preliminary Injunction, #3 Exhibit Exh. A Summons, #4 Exhibit Exh. A Notice of Hearing, #5 Exhibit Exh. A Rule 65 Certification, #6 Exhibit Exh. A Affidavit of William G. Lindsey)(YOUNG, ROBERT) |
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