Banks v. Cavalier Homes, Inc. et al
Plaintiff: Yamika Banks
Defendant: Cavalier Homes, Inc. and Regional Enterprises, LLC
Case Number: 3:2023cv00058
Filed: March 10, 2023
Court: US District Court for the Northern District of Mississippi
Presiding Judge: Neal B Biggers
Referring Judge: Roy Percy
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1331 bc Fed. Question: Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 8, 2023 Opinion or Order CLERK'S NOTICE re #31 MOTION for Leave to File Sur-Reply, #32 Exhibits to Other Document; All related filings to motion must be linked back to the original motion. Court staff has made the correction. (jla)
May 5, 2023 Opinion or Order Filing 32 EXHIBIT re #31 MOTION for Leave to File Sur-Reply re #18 MOTION to Compel Arbitration and Stay Proceedings Pending Arbitration Yamika Banks's Sur-Reply. (Hensley, Desiree) Modified on 5/8/2023 (jla).
May 5, 2023 Opinion or Order Filing 31 MOTION for Leave to File Sur-Reply re #18 MOTION to Compel Arbitration and Stay Proceedings Pending Arbitration by Yamika Banks. (Hensley, Desiree) Modified on 5/8/2023 (jla).
May 1, 2023 Opinion or Order Filing 30 MEMORANDUM IN SUPPORT re #29 MOTION to Compel Arbitration and Stay Litigation filed by Cavalier Homes, Inc.. (Quinn, James)
May 1, 2023 Opinion or Order Filing 29 MOTION to Compel Arbitration and Stay Litigation by Cavalier Homes, Inc.. (Attachments: #1 Exhibit A-Declaration of Gerald Cummings, #2 Exhibit B-Sales Agreement, #3 Exhibit C-One Yr Warranty and BDRA Agreement, #4 Exhibit D-Warranty Service Billbacks) (Quinn, James)
April 28, 2023 Opinion or Order Filing 28 MEMORANDUM IN SUPPORT re #27 Reply to Response to #18 Motion filed by Regional Enterprises, LLC. (Sanford, John) Modified on 5/1/2023 to link to motion (jwr).
April 28, 2023 Opinion or Order Filing 27 REPLY to Response to Motion re #18 MOTION to Compel Arbitration and Stay Proceedings Pending Arbitration filed by Regional Enterprises, LLC. (Attachments: #1 Exhibit Affidavit of Lane Derrick) (Sanford, John)
April 24, 2023 Opinion or Order Filing 26 ORDER granting #25 Motion for Extension of Time to File Reply as to #18 MOTION to Compel Arbitration and Stay Proceedings Pending Arbitration. Replies due by 4/28/2023. Signed by Senior Judge Neal B. Biggers on 4/24/2023. (llw)
April 20, 2023 Opinion or Order Filing 25 MOTION for Extension of Time to File Response/Reply as to #23 Response in Opposition to Motion by Regional Enterprises, LLC. (Sanford, John)
April 14, 2023 Opinion or Order Filing 24 MEMORANDUM IN SUPPORT re #23 Response in Opposition to #18 Motion to Compel Arbitration and Stay Proceedings Pending Arbitration. (Hughes, Jordan) Modified on 4/17/2023 to link to motion (jwr).
April 14, 2023 Opinion or Order Filing 23 RESPONSE in Opposition re #18 MOTION to Compel Arbitration and Stay Proceedings Pending Arbitration filed by Yamika Banks. (Attachments: #1 Affidavit of Yamika Banks) (Hughes, Jordan)
April 3, 2023 Opinion or Order Filing 22 TEXT NOTICE Cancelling Case Management Conference set for April 20, 2023 re #21 Order Staying Case. (no document attached) (rtc)
April 3, 2023 Opinion or Order Filing 21 ORDER STAYING CASE. Signed by Magistrate Judge Roy Percy on 4/3/2023. (yf)
March 31, 2023 Opinion or Order Filing 20 MEMORANDUM IN SUPPORT re #18 MOTION to Compel Arbitration and Stay Proceedings Pending Arbitration . (Smallwood, Carsyn)
March 31, 2023 Opinion or Order Filing 19 ORDER granting #12 Motion to Appear Pro Hac Vice, Attorney Wayne Scott Simpson; granting #14 Motion to Appear Pro Hac Vice, Attorney Nicholas Hoisington. Signed by Magistrate Judge Roy Percy on 3/31/2023. (yf)
March 31, 2023 Opinion or Order Filing 18 MOTION to Compel Arbitration and Stay Proceedings Pending Arbitration by Regional Enterprises, LLC. (Attachments: #1 Exhibit "A" Purchase Agreement) (Smallwood, Carsyn)
March 31, 2023 Opinion or Order Filing 17 NOTICE of Attorney Appearance by Carsyn Ann Smallwood on behalf of Regional Enterprises, LLC (Smallwood, Carsyn)
March 30, 2023 Opinion or Order Filing 16 NOTICE of Attorney Appearance by John D. Sanford on behalf of Regional Enterprises, LLC (Sanford, John)
March 30, 2023 Opinion or Order Filing 15 EXHIBIT re #14 MOTION to Appear Pro Hac Vice ; Attorney Nicholas Hoisington,(Paid $150 PHV fee; receipt number AMSNDC-2224893) Certificate of Good Standing. (Quinn, James)
March 30, 2023 Opinion or Order Filing 14 MOTION to Appear Pro Hac Vice ; Attorney Nicholas Hoisington,(Paid $150 PHV fee; receipt number AMSNDC-2224893) by Cavalier Homes, Inc.. (Quinn, James)
March 30, 2023 Opinion or Order Filing 13 Certificate of Good Standing re #12 MOTION to Appear Pro Hac Vice ; Attorney Wayne Scott Simpson,(Paid $150 PHV fee; receipt number AMSNDC-2224880) . (Quinn, James) Modified on 3/30/2023 (jwr).
March 30, 2023 Opinion or Order Filing 12 MOTION to Appear Pro Hac Vice ; Attorney Wayne Scott Simpson,(Paid $150 PHV fee; receipt number AMSNDC-2224880) by Cavalier Homes, Inc.. (Quinn, James)
March 22, 2023 Opinion or Order Filing 11 AMENDED ANSWER to #2 Complaint - State Court by Cavalier Homes, Inc.. (Quinn, James)
March 20, 2023 Opinion or Order Filing 10 STATE COURT RECORD - REMOVAL. (Attachments: #1 Exhibit State Court File) (Quinn, James)
March 20, 2023 Opinion or Order SECOND CLERK'S NOTICE re #3 State Court Record - Removal; Attorney to refile State Court Record as required by L.U.Civ.R. 5(b) and as described in the red docket text of Docket Entry 1. (jla)
March 15, 2023 Opinion or Order Filing 9 JOINDER re #1 Notice of Removal,,, . (Brand, Marc)
March 15, 2023 Opinion or Order Filing 8 NOTICE of Attorney Appearance by Marc E. Brand on behalf of Regional Enterprises, LLC (Brand, Marc)
March 14, 2023 Opinion or Order Filing 7 INITIAL ORDER - RULE 16.1 Case Management Conference set for 4/20/2023 10:00 AM in Oxford Tele-Conference before Magistrate Judge Roy Percy. Signed by Magistrate Judge Roy Percy on 3/14/23. (rtc)
March 13, 2023 Opinion or Order Filing 6 DISCLOSURE STATEMENT filed by Cavalier Homes, Inc. . (Quinn, James)
March 13, 2023 Opinion or Order Filing 5 ANSWER to State Court Complaint by Cavalier Homes, Inc.. (Quinn, James)
March 13, 2023 Opinion or Order Filing 4 NOTICE OF SERVICE of Notice of Removal by James L. Quinn, III on behalf of Cavalier Homes, Inc. to all Parties. (Quinn, James)
March 13, 2023 Opinion or Order Filing 3 STATE COURT RECORD - REMOVAL. (Quinn, James)
March 13, 2023 Opinion or Order CLERK'S NOTICE re #3 State Court Record - Removal; Attorney to refile State Court Record as required by L.U.Civ.R. 5(b) and as described in the red docket text of Docket Entry #1 . (jla)
March 10, 2023 Opinion or Order Filing 2 STATE COURT COMPLAINT against Cavalier Homes, Inc., Regional Enterprises, LLC, filed by Yamika Banks. (jla)
March 10, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL by Cavalier Homes, Inc. from Lafayette County Circuit Court, case number L22-591. ( Filing fee $ 402 receipt number AMSNDC-2217196) Pursuant to Local Uniform Civil Rule 5(b) and the Administrative Procedures for Electronic Case Filing for the Northern District of Mississippi, the removing defendant must electronically file a copy of the entire state court record within 14 days of the date of removal. The state court record will be filed using the event State Court Record - Removal. Attach the Notice/Certificate of Filing State Court Record as the main document with each state court document attached as a separate PDF. All attachments must be clearly identified. The state court record can not be filed conventionally., filed by Cavalier Homes, Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - State Court File, #3 Civil Cover Sheet) (jla)
March 10, 2023 Opinion or Order CLERK'S NOTICE: F.R.C.P. 7.1(a)(1) requires the filing of a corporate statement by any nongovernmental corporate party that (A) identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or (2) states that there is no such corporation. Please use the civil event Disclosure Statement to file the required corporate statement. (jla)
March 10, 2023 Opinion or Order NOTICE OF ASSIGNMENT. Case assigned to Judge Biggers and Magistrate Judge Percy. (jla)

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Plaintiff: Yamika Banks
Represented By: Desiree Carole Hensley
Represented By: Jordan Hughes
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Defendant: Cavalier Homes, Inc.
Represented By: James L. Quinn, III
Represented By: Nicholas Hoisington
Represented By: Wayne Scott Simpson
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Defendant: Regional Enterprises, LLC
Represented By: John D. Sanford
Represented By: Marc E. Brand
Represented By: Carsyn Ann Smallwood
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