Barrett et al v. USA Service Finance, LLC et al
| Freddy Jreisat, Valor Capital Holdings, LLC, Cathrine Barrett and Valor Capital Holdings, LLC d/b/a United Military Travel |
| USA Service Finance, LLC, Graceland Properties, LLC, Christopher E Burnett, Heartland Capital Investments, LLC, Daniel T Burnett and CEB Investments, LLC |
| 5:2019cv00036 |
| March 5, 2019 |
| US District Court for the Western District of Kentucky |
| Paducah Office |
| Thomas B Russell |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 22, 2019. A more recent docket listing may be available from PACER.
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Filing 84
ORDER OF CONSOLIDATION Signed by Senior Judge Thomas B. Russell on 3/21/2019. Granting (33) Motion to Consolidate Cases in case 5:18-cv-00110-TBR; granting (74) Motion to Consolidate Cases in case 5:19-cv-00036-TBR. Rule 26 Meeting Report due by 3/29/2019. Telephonic Scheduling Conference set for 4/5/2019 at 11:00 AM before Senior Judge Thomas B. Russell. Counsel must call 18778487030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. cc: Counsel(KJA)
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| Cases associated. (KJA) |
| NOTICE of email confirmation as to Doug McSwain re #77 Request for Fee Refund. (MLG) |
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Filing 83
ORDER signed by Senior Judge Thomas B. Russell on 3/20/2019. Granting #76 Motion to Substitute Attorney Kerry D. Smith. Attorney Christina J. Banfield and Charles E. Simpson, Jr. terminated. cc: Counsel(KJA)
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| Proceedings held before Senior Judge Thomas B. Russell: Telephone Conference held on 3/20/2019. (KJA) Modified on 3/22/2019 to edit tcf date (KJA). |
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Filing 82
ORDER ALLOWING SUBSTITUTION OF COUNSEL signed by Senior Judge Thomas B. Russell on 3/20/2019. Granting #73 Motion to Substitute Attorney. Attorney Donavan John Hylarides and Scott F. Wyatt terminated. cc: Counsel(KJA)
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| Filing 81 ANSWER to Complaint by CEB Investments, LLC. (Polczynski, Ryan) |
| Filing 80 ANSWER to Complaint by Daniel T Burnett. (Polczynski, Ryan) |
| Filing 79 ANSWER to Complaint by Christopher E Burnett. (Polczynski, Ryan) |
| Filing 78 ANSWER to Complaint by USA Service Finance, LLC. (Polczynski, Ryan) |
| Filing 77 Request for Fee Refund by Cathrine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (McSwain, Douglas) |
| Filing 76 MOTION to Substitute Attorney by Defendant Graceland Properties, LLC (Attachments: #1 Proposed Order Granting Leave to Withdraw and Substituting Counsel) (Smith, Kerry) |
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Filing 75
TEXT ORDER signed by Senior Judge Thomas B. Russell on 3/15/2019. Granting #71 Motion to Appear Pro Hac Vice Craig D. Schauer ; granting #72 Motion to Appear Pro Hac Vice Daniel D. Adams. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(KJA)
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| Filing 74 MOTION to Consolidate Cases by Defendants Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC (Attachments: #1 Proposed Order) (Coltharp, James) |
| Filing 73 MOTION to Substitute Attorney by Defendants Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC (Attachments: #1 Proposed Order) (Coltharp, James) |
| Filing 72 MOTION for Daniel D. Adams to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2825040. by Plaintiffs Cathrine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order) (McSwain, Douglas) |
| Filing 71 MOTION for Craig D. Schauer to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-2825029. by Plaintiffs Cathrine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Proposed Order) (McSwain, Douglas) |
| Filing 70 NOTICE of Appearance by Kerry D. Smith on behalf of Graceland Properties, LLC (Smith, Kerry) |
| Filing 69 NOTICE of Appearance by Douglas L. McSwain on behalf of Cathrine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC (McSwain, Douglas) |
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Filing 68
TEXT ORDER by Senior Judge Thomas B. Russell on 3/8/2019. A Telephonic Status/Scheduling Conference is set for 3/20/2019 at 10:15 AM Central before Senior Judge Thomas B. Russell. Counsel must call 1-877-848-7030 then give the Access Code 2523122 and #, then when prompted press # again to join the call. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KPH)
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| Filing 67 ATTORNEY NOTICE of Deficiency issued to Attorney Christina H. Banfield re #59 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/19/2019. (JM) |
| Filing 66 ATTORNEY NOTICE of Deficiency issued to Attorney Charles E. Simpson, Jr. re #59 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/19/2019. (JM) |
| Filing 65 ATTORNEY NOTICE of Deficiency issued to Attorney Scott D. Wyatt re #59 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/19/2019. (JM) |
| Filing 64 ATTORNEY NOTICE of Deficiency issued to Attorney Donavan John Hylarides re #59 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/19/2019. (JM) |
| Filing 63 ATTORNEY NOTICE of Deficiency issued to Attorney Joshua A. Yost re #59 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/19/2019. (JM) |
| Filing 62 ATTORNEY NOTICE of Deficiency issued to Attorney Craig D. Schauer re #59 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/19/2019. (JM) |
| Filing 61 ATTORNEY NOTICE of Deficiency issued to Attorney Daniel D. Adams re #59 Case Transferred In - District Transfer. Failure to comply will be brought to the attention of the Court. Response due by 3/19/2019. (JM) |
| Filing 60 Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. (JM) |
| Filing 59 Case transferred in from District of North Carolina Eastern; Case Number 4:18-cv-00155. Original file certified copy of transfer order and docket sheet received. (JM) |
| Filing 58 JUDGMENT - Signed by Peter A. Moore, Jr., Clerk of Court on 3/5/2019. (Tripp, S.) [Transferred from nced on 3/5/2019.] |
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Filing 57
ORDER denying as moot #24 Joint Motion to Dismiss for Failure to State a Claim, Joint Motion to Dismiss for Lack of Jurisdiction; granting #26 Joint Motion to Dismiss or, in the alternative, Joint Motion to Transfer Case to the Western District of Kentucky; denying without prejudice #51 Motion to Quash; denying without prejudice #54 Second Motion to Quash; and, denying without prejudice #15 Motion to Dismiss for Failure to State a Claim - This case is hereby TRANSFERRED to the United States District Court for the Western District of Kentucky. Signed by District Judge Louise Wood Flanagan on 3/5/2019. (Tripp, S.) [Transferred from nced on 3/5/2019.]
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| Filing 56 RESPONSE in Opposition regarding #54 Second MOTION to Quash or Modify, and for a Protective Order filed by Cathrine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Schauer, Craig) [Transferred from nced on 3/5/2019.] |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #54 Second MOTION to Quash. (Collins, S.) [Transferred from nced on 3/5/2019.] |
| Filing 55 Memorandum in Support regarding #54 Second MOTION to Quash filed by Graceland Properties, LLC. (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Filing 54 Second MOTION to Quash filed by Graceland Properties, LLC. (Attachments: #1 Exhibit A - Subpoena to John Carr, #2 Exhibit B - Subpoena to Jonathan Kennemore, #3 Exhibit C - Subpoena to Clayton, Byrd, & Meeks LLP, #4 Exhibit D - Subpoena to Citizens Deposit Bank of Arlington, Inc., #5 Exhibit E - Correspondence between Plaintiffs' Counsel and Counsel for Graceland Properties, LLC) (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #51 MOTION to Quash. (Collins, S.) [Transferred from nced on 3/5/2019.] |
| Filing 53 RESPONSE in Opposition regarding #51 MOTION to Quash filed by Cathrine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Schauer, Craig) [Transferred from nced on 3/5/2019.] |
| Filing 52 Memorandum in Support regarding #51 MOTION to Quash filed by Graceland Properties, LLC. (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Filing 51 MOTION to Quash filed by Graceland Properties, LLC. (Attachments: #1 Exhibit A - Subpoena to John H. Stevens, #2 Exhibit B - Subpoena to IberiaBank, #3 Exhibit C - Subpoena to Wesbanco Bank, Inc., #4 Exhibit D - Subpoena to Robert S. Wainwright) (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
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Filing 50
ORDER granting #49 Joint Motion for Protective Order. Counsel is reminded to read the order in its entirety for critical information. Signed by District Judge Louise Wood Flanagan on 1/25/2019. (Collins, S.) [Transferred from nced on 3/5/2019.]
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| Filing 49 Joint MOTION for Protective Order filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Attachments: #1 Text of Proposed Order Proposed Protective Order) (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
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Filing 48
ORDER Appointing Mediator J. Anderson Little. Signed by Peter A. Moore, Jr., Clerk of Court on 1/23/2019. (Horton, B.) [Transferred from nced on 3/5/2019.]
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| Filing 47 Selection of J. Anderson Little as mediator filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
| Remark - #46 SUR-REPLY to Response to Motion submitted to District Judge Louise Wood Flanagan. (Tripp, S.) [Transferred from nced on 3/5/2019.] |
| Filing 46 SUR-REPLY to Response to Motion regarding #26 Joint MOTION to Dismiss or, in the alternativeJoint MOTION to Transfer Case to the Western District of Kentucky Sur-Reply filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Attachments: #1 Exhibit A - Email (December 9 2016), #2 B - Email (December 13 2016)) (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
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Filing 45
ORDER granting #41 Motion for Leave to File Surreply. It is hereby ORDERED that Plaintiffs shall be permitted to file the proposed sur-reply within five (5) days of the entry of this order. Signed by District Judge Louise Wood Flanagan on 1/2/2019. (Collins, S.) [Transferred from nced on 3/5/2019.]
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Filing 44
CASE MANAGEMENT ORDER: Discovery in this case may be governed by a protective order. Discovery due by 7/19/19. Mediation Deadline set for 7/19/19. Motions due by 8/19/19. The parties should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 1/2/19. (Collins, S.) [Transferred from nced on 3/5/2019.]
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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 1/23/2019. (Collins, S.) [Transferred from nced on 3/5/2019.] |
| Filing 43 RESPONSE in Opposition regarding #41 MOTION for Leave to File Sur-Reply filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 42 Rule 26(f) Report (joint) filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
| Filing 41 MOTION for Leave to File Sur-Reply filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Attachments: #1 Exhibit Proposed Sur-Reply, #2 Text of Proposed Order) (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
| Motions Submitted to District Judge Louise Wood Flanagan regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction , #26 Joint MOTION to Dismiss, or in the alternativeJoint MOTION to Transfer Case to the Western District of Kentucky. (Collins, S.) [Transferred from nced on 3/5/2019.] |
| Filing 40 REPLY to Response to Motion regarding #26 Joint MOTION to Dismiss or, in the alternativeJoint MOTION to Transfer Case to the Western District of Kentucky filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - Second Declaration of Daniel Burnett, #2 Exhibit 2 - Second Declaration of Christopher Burnett) (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 39 REPLY to Response to Motion regarding #24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - Second Declaration of Daniel Burnett, #2 Exhibit 2 - Second Declaration of Christopher Burnett) (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
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Filing 38
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 12/13/18. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 11/8/18. (Collins, S.) [Transferred from nced on 3/5/2019.]
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| Filing 37 Notice of Appearance filed by Charles E. Simpson, Jr on behalf of Graceland Properties, LLC. (Simpson, Charles) [Transferred from nced on 3/5/2019.] |
| Notice to Counsel regarding: #36 Reply to Response to Motion. Charles E. Simpson, Jr. should file a Notice of Appearance. (Collins, S.) [Transferred from nced on 3/5/2019.] |
| Filing 36 REPLY to Response to Motion regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Graceland Properties, LLC. (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Filing 35 RESPONSE to Order regarding Text Order,,, filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
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Filing 34
ORDER granting #33 Motion for Extension of Time to File Reply regarding #24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction , #26 Joint MOTION to Dismiss or, in the alternative, Joint MOTION to Transfer Case to the Western District of Kentucky. Replies due by 11/16/2018. Signed by District Judge Louise Wood Flanagan on 11/1/2018. (Collins, S.) [Transferred from nced on 3/5/2019.]
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| Filing 33 MOTION for Extension of Time to File Response/Reply as to #31 Response in Opposition to Motion, #32 Response in Opposition to Motion,, filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Text of Proposed Order) (Hylarides, Donavan) [Transferred from nced on 3/5/2019.] |
| Filing 32 RESPONSE in Opposition regarding #26 Joint MOTION to Dismiss or, in the alternativeJoint MOTION to Transfer Case to the Western District of Kentucky filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Attachments: #1 Exhibit A - WDKY Response to Motion to Transfer, #2 Exhibit B - WDKY Response to Motion to Dismiss, #3 Exhibit C - WDKY Motion to Dismiss, #4 Exhibit D - WDKY Motion to Transfer, #5 Exhibit E - WDKY Motion for Leave to Amend Complaint) (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
| Filing 31 RESPONSE in Opposition regarding #24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
| Filing 30 Declaration of Cathrine Barrett by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC (Attachments: #1 Exhibit A - Paystubs, #2 Exhibit B - Emails) (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
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TEXT ORDER - Where defendants have filed motions to dismiss, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order regarding planning and scheduling. Unless a party raises objection to a stay of these activities pending completion of briefing on the motions now at issue, and decision thereon by this court, in filing due within 14 days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendants' motions. Signed by District Judge Louise Wood Flanagan on 10/22/2018. (Collins, S.) [Transferred from nced on 3/5/2019.]
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| Filing 29 RESPONSE in Opposition regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
| Filing 28 ANSWER to Complaint by Heartland Capital Investments, LLC. (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 27 Memorandum in Support regarding #26 Joint MOTION to Dismiss or, in the alternativeJoint MOTION to Transfer Case to the Western District of Kentucky filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - USA Serv v. Barrett et al 5:18-cv-110 (W.D.Ky.), #2 Exhibit 2 - Federal District Court Statistics) (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 26 Joint MOTION to Dismiss or, in the alternative, Joint MOTION to Transfer Case to the Western District of Kentucky filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - Declaration of Christopher E. Burnett, #2 Exhibit 2 - Declaration of Daniel T. Burnett) (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 25 Memorandum in Support regarding #24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - USA Serv v. Barrett et al 5:18-cv-110 (W.D.Ky.)) (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Joint MOTION to Dismiss for Lack of Jurisdiction filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - Declaration of Christopher E. Burnett, #2 Exhibit 2 - Declaration of Daniel T. Burnett) (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 23 Notice of Appearance filed by Donavan John Hylarides on behalf of Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Hylarides, Donavan) [Transferred from nced on 3/5/2019.] |
| Filing 22 Financial Disclosure Statement by Freddy Jreisat (Schauer, Craig) [Transferred from nced on 3/5/2019.] |
| Filing 21 Financial Disclosure Statement by Catherine Barrett (Schauer, Craig) [Transferred from nced on 3/5/2019.] |
| Filing 20 Financial Disclosure Statement by Valor Capital Holdings, LLC (Schauer, Craig) [Transferred from nced on 3/5/2019.] |
| TEXT ORDER. The Court has been informed that due to the impacts of Hurricane Florence, counsel for defendant Graceland Properties LLC is unable to serve counsel for plaintiffs with the Motion to Dismiss #15 and Memorandum in Support #16 , as previously directed by the Court. The clerk is DIRECTED to electronically serve counsel for plaintiffs with a copy of the motion and memorandum. Plaintiffs shall have up to and including October 19, 2018, within which to respond to the Motion to Dismiss. Entered by US District Judge Louise Wood Flanagan on 9/19/2018. (Stouch, L.) Modified on 9/19/2018 to correct date in docket entry text (Stouch, L.). [Transferred from nced on 3/5/2019.] |
| Filing 19 Notice of Appearance filed by Joshua Aaron Yost on behalf of Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Yost, Joshua) [Transferred from nced on 3/5/2019.] |
| Filing 18 Notice of Appearance filed by Craig Daniel Schauer on behalf of All Plaintiffs. (Schauer, Craig) [Transferred from nced on 3/5/2019.] |
| Filing 17 Notice of Appearance filed by Daniel DeCederfelt Adams on behalf of All Plaintiffs. (Adams, Daniel) [Transferred from nced on 3/5/2019.] |
| NOTICE OF DEFICIENCY regarding #15 Motion to Dismiss for Failure to State a Claim. Counsel has failed to indicate on the Certificate of Service that a copy of this document was sent via US mail to counsel for plaintiff. Counsel for Plaintiff has not filed their Notices of Appearance and therefore cannot receive filings by CM/ECF until they do so. Counsel shall file an amended Certificate of Service indicating that the above has been done. (Collins, S.) [Transferred from nced on 3/5/2019.] |
| Filing 16 Memorandum in Support regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Graceland Properties, LLC. (Attachments: #1 Exhibit Unpublished Case - McLeskey v. Davis Boat Works, Inc., #2 Exhibit Unpublished Case - Rauch Indus. v. Radko, #3 Exhibit Unpublished Case - Reeger Builders, Inc. v. J.C. Demo Ins. Group, Inc.) (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Graceland Properties, LLC. (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Filing 14 Notice filed by Graceland Properties, LLC regarding #10 Notice of Removal, Supplemental Removal Cover Sheet. (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Notice to Counsel regarding: #10 Notice of Removal. Pursuant to Section V(E) of the CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text. The clerk's office has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Collins, S.) [Transferred from nced on 3/5/2019.] |
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Filing 13
ORDER granting #12 Motion for Extension of Time to Answer - Signed by Peter A. Moore, Jr., Clerk of Court on 9/10/2018. (Certified copy served via U.S. Mail upon plaintiffs' counsel, Daniel Adams and Craig D. Schauer, Brooks, Pierce, McLendon Humphrey & Leonard, LLP, PO Box 1800, Raleigh, NC 27602) (Tripp, S.) [Transferred from nced on 3/5/2019.]
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| Filing 12 MOTION for Extension of Time to File Answer complaint filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Text of Proposed Order) (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 MOTION for Extension of Time to File Answer complaint. (Tripp, S.) [Transferred from nced on 3/5/2019.] |
| Filing 11 Notice of Appearance filed by Scott F. Wyatt on behalf of Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 10 NOTICE OF REMOVAL by Graceland Properties, LLC from Craven County Superior Court, case number 18-CVS-01069. ( Filing fee $ 400 receipt number 0417-4648521) (Attachments: #1 Exhibit A - State Court Pleadings #2 Exhibit B Notice of Removal to State Court Clerk) (Banfield, Christina) Modified on 9/11/2018 to identify exhibits. (Collins, S.). [Transferred from nced on 3/5/2019.] |
| Filing 9 Financial Disclosure Statement by Graceland Properties, LLC (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Filing 8 Notice of Appearance filed by Christina J. Banfield on behalf of Graceland Properties, LLC. (Banfield, Christina) [Transferred from nced on 3/5/2019.] |
| Filing 7 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiffs' counsel Daniel Adams and Craig D. Schauer of Brooks, Pierce, McLendon Humphrey & Leonard, LLP, P.O. Box 1800, Raleigh, NC 27602 and to Defendant's counsel Charles E. Simpson, Jr. of Harris, Creech, Ward, and Blackerby, P.A., at 325 Pollock Street,New Bern, NC 28563 mailed via US Mail on September 7, 2018. (Rudd, D.) [Transferred from nced on 3/5/2019.] |
| Filing 6 Financial Disclosure Statement by USA Service Finance, LLC (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 5 Financial Disclosure Statement by Heartland Capital Investments, LLC (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 4 Financial Disclosure Statement by Daniel T Burnett (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 3 Financial Disclosure Statement by Christopher E Burnett (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 2 Financial Disclosure Statement by CEB Investments, LLC (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| Filing 1 NOTICE OF REMOVAL by Christopher E Burnett, CEB Investments, LLC, USA Service Finance, LLC, Heartland Capital Investments, LLC from Craven County Superior Court, case number 18 CVS 01069. ( Filing fee $ 400 receipt number 0417-4648185), filed by Christopher E Burnett, CEB Investments, LLC, USA Service Finance, LLC, Heartland Capital Investments, LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice of Filing Removal, #3 Civil Cover Sheet) (Wyatt, Scott) [Transferred from nced on 3/5/2019.] |
| NOTICE OF CORRECTION regarding: Notice of Deficiency Failure to File Financial Disclosure. *Financial Disclosure Statements were previously filed for Defendants' Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Rudd, D.) [Transferred from nced on 3/5/2019.] |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) [Transferred from nced on 3/5/2019.] |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the civil cover sheet prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed at this time. (Rudd, D.) [Transferred from nced on 3/5/2019.] |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. 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.) [Transferred from nced on 3/5/2019.] |
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