Spencer v. Turner Furniture Holding Corp. et al
Plaintiff: Tyler Spencer
Defendant: Ashley Homestores Holdings, Inc., Ashley Homestores, Ltd., Turner Furniture of North Carolina, LLC, Burnice Parker, Phil Releford, Ashley Distribution Services Holdings, Inc., Turner Furniture Holding Corp. doing business as Ashley Furniture Homestore doing business as Ashley Furniture Industries and Ashley Distribution Services, Ltd.
Case Number: 4:2021cv00020
Filed: April 19, 2021
Court: US District Court for the Western District of Virginia
Presiding Judge: Robert S Ballou
Referring Judge: Thomas T Cullen
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 17, 2021 Opinion or Order Filing 18 MOTION to Amend/Correct Identification of Defendant by Turner Furniture Holding Corp.. (Pfund, William)
June 7, 2021 Opinion or Order Filing 17 ORDER granting #16 Agreed Motion to Extend Response Time. Signed by Magistrate Judge Robert S. Ballou on 6/7/2021. (ham)
June 4, 2021 Opinion or Order Filing 16 Consent MOTION for Extension of Time to File Response/Reply as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , 11 Order, by Tyler Spencer. (McNew, Edward)
June 4, 2021 Opinion or Order The Clerks Office for the Western District of Virginia has confirmed through communications with the Patrick County Circuit Court Clerks Office that the entire state court case file was forwarded to this court and is contained at Document #7 . (ham)
June 3, 2021 Opinion or Order Filing 15 Rule 26(f) Agreed Written Plan by Plaintiff Tyler Spencer (Greene, Anthony)
May 25, 2021 Opinion or Order Filing 14 MOTION for Leave to File to Incorporate Demurrer into Case File and Convert Demurrer into Rule 12(b)(6) Motion to Dismiss by Turner Furniture Holding Corp.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Pfund, William)
May 25, 2021 Opinion or Order Filing 13 Brief / Memorandum in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Turner Furniture Holding Corp.. (Pfund, William)
May 25, 2021 Opinion or Order Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Turner Furniture Holding Corp.. (Pfund, William)
May 13, 2021 Opinion or Order Filing 11 Oral ORDER. Defendants shall have 21 days to convert any existing dispositive motions in this matter to a motion filed under the Federal Rules of Civil Procedure. Any responses to the dispositive motions are due 21 days after service. Entered by Magistrate Judge Robert S. Ballou on May 13, 2021. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cd)
May 13, 2021 Opinion or Order Filing 10 SCHEDULING ORDER: Jury Trial set for 4/19/2022 - 4/22/2022 at 09:00 AM in Danville before Magistrate Judge Robert S. Ballou. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. Signed by Magistrate Judge Robert S. Ballou on 5/13/2021. (ham)
May 13, 2021 Opinion or Order Filing 9 Minute Entry for proceedings held before Magistrate Judge Robert S. Ballou: Initial Pretrial Conference held on 5/13/2021. (lg)
May 3, 2021 Opinion or Order Filing 8 NOTICE of Hearing: (N) Pretrial Conference set for 5/13/2021 10:30 AM before Magistrate Judge Robert S. Ballou. (lg)
April 30, 2021 Opinion or Order Filing 7 Paper State Court Records received from Patrick County Circuit Court, CL21-34. (Paper records available for viewing in the Clerk's Office) (ham)
April 28, 2021 Opinion or Order Filing 6 ORDER TRANSFERRING CASE. Case transferred to Magistrate Judge Robert S. Ballou for all further proceedings. Judge Thomas T. Cullen no longer assigned to case. Signed by Judge Thomas T. Cullen on 4/28/2021. (ham)
April 21, 2021 Opinion or Order Filing 5 CONSENT to Jurisdiction by US Magistrate Judge by Burnice Parker, Phil Releford, Tyler Spencer, Turner Furniture Holding Corp. (ham)
April 19, 2021 Opinion or Order Filing 4 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (ham)
April 19, 2021 Opinion or Order Filing 3 Order Requesting Transmittal of Case File from Patrick County Circuit Court. Signed by Judge Thomas T. Cullen on 4/19/2021. (Order mailed to Patrick County Circuit Court via US Mail)(ham)
April 19, 2021 Opinion or Order Filing 2 Negative Corporate Disclosure Statement by Turner Furniture Holding Corp. (ham)
April 19, 2021 Opinion or Order Filing 1 NOTICE OF REMOVAL from Patrick County Circuit Court, case number CL21-32 (Filing & Administrative fee $402.00; Receipt number 4-2303) filed by Turner Furniture Holding Corp., Burnice Parker & Phil Releford. (Attachments: #1 Exhibit A: State Court Complaint, #2 Exhibit B: State Court Nonsuit Order, #3 Exhibit C: State Court Answer, #4 Civil Cover Sheet, #5 Filing Fee Receipt 4-2303, #6 Cover Letter)(ham)
April 19, 2021 Opinion or Order Edward Kyle McNew and Ronald Lee Livingston, in accordance with Section B.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by updating the information in their PACER account. To update your information, log into PACER.gov and click the Maintenance tab to Update this information with our court. (ham)

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Defendant: Ashley Homestores Holdings, Inc.
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Defendant: Ashley Homestores, Ltd.
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Defendant: Turner Furniture of North Carolina, LLC
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Defendant: Burnice Parker
Represented By: Daniel Royce
Represented By: William John Pfund
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Defendant: Phil Releford
Represented By: Daniel Royce
Represented By: William John Pfund
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Defendant: Ashley Distribution Services Holdings, Inc.
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Defendant: Turner Furniture Holding Corp. doing business as Ashley Furniture Homestore doing business as Ashley Furniture Industries
Represented By: Daniel Royce
Represented By: William John Pfund
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Defendant: Ashley Distribution Services, Ltd.
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Plaintiff: Tyler Spencer
Represented By: Ronald Lee Livingston
Represented By: Philip G. Gardner
Represented By: Anthony Greene
Represented By: Edward Kyle McNew
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