In Re Advance Stores Company, Incorporated, Data Breach Litigation
| caleb aaron cook, Raymond S. Moule, Jillian Clark, Raymond Swain, Brian Riley, Don Smith, Dylan Joseph Dragone, Charles McGee, Emmanuel Chaidez and Gregory Vogel |
| Advance Auto Parts, Inc. |
| Advance Stores Company, Incorporated, Data Breach Litigation |
| 2:2024cv00131 |
| October 9, 2024 |
| U.S. District Court for the District of Montana |
| Brian Morris |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Fiduciary Duty |
| Plaintiff |
Docket Report
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Filing 68
TRANSCRIPT ORDER FORM by Ticketmaster, LLC, Live Nation Entertainment, Inc., Live Nation Worldwide Inc for proceedings held on 11/14/2024 before Judge Brian M. Morris. Court reporter Yvette Heinze. Type of transcript: 7-Day. Transcript due by 11/29/2024. Associated Cases: 2:24-md-03126-BMM et al. (Inabnit, Elijah)
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Terminate Deadlines #68 Transcript Order; transcript should have only been filed in MD-24-3126-BU. (ACC)
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Filing 67
NOTICE of Appearance by Lynn Toops on behalf of Alessandra Conte Associated Cases: 2:24-md-03126-BMM et al. (Toops, Lynn)
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Filing 66
MOTION to Appoint Counsel Application to Appoint Amy Keller and Timothy Blood and Their Leadership Team as Interim Class Counsel. Timothy G. Blood appearing for MDL - Notice Only Maddalena Bowers, Amber Craig, Jane Doe, Rosalia Garcia, Robert Jones, Kathy Martin, Mari Miller, Morgan Murphy, Richard Olivieri, Cynthia Ryan, Lauren Woon. (Attachments: #1 Affidavit Declaration of Timothy G. Blood, #2 Exhibit 1 Draft Proposed Order, #3 Exhibit 2 BHO Firm Resume, #4 Exhibit 3 Dicello Levitt Resume, #5 Exhibit 4 Rossbach Resume, #6 Exhibit 5 Boland Aarab Resume, #7 Exhibit 6 Lieff Cabraser Resume, #8 Exhibit 7 Golston Resume, #9 Exhibit 8 Hart Resume, #10 Exhibit 9 Loeser Resume, #11 Exhibit 10 Kodadek Resume, #12 Exhibit 11 Morrison Resume) Associated Cases: 2:24-md-03126-BMM et al. (Blood, Timothy)
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Filing 65
MOTION to Appoint Counsel . Paul Doolittle appearing for MDL - Notice Only Kimberly Blake, Serena Chapman, Chastine Dickey-Johnson, Lamibia Dunham, Alexis Morgan, Marc Reichbart. (Attachments: #1 Exhibit Declaration, #2 Exhibit Firm Resume) Associated Cases: 2:24-md-03126-BMM et al. (Doolittle, Paul)
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Filing 64
NOTICE of Appearance by Nicholas John Pagnotta on behalf of AT&T Inc., AT&T Mobility LLC Associated Cases: 2:24-md-03126-BMM et al. (Pagnotta, Nicholas)
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Filing 63
NOTICE of Appearance by Mark Williams on behalf of AT&T Inc., AT&T Mobility LLC Associated Cases: 2:24-md-03126-BMM et al. (Williams, Mark)
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Filing 62
NOTICE of Appearance by Terence Coates on behalf of Emmanuel Chaidez, Caleb Aaron Cook, Charles McGee, Raymond S. Moule, Don Smith, Raymond Swain, Emmanuel Chaidez, Don Smith, caleb aaron cook Associated Cases: 2:24-md-03126-BMM, 2:24-cv-00131-BMM (Coates, Terence)
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Filing 61
NOTICE of Appearance by James E. Cecchi on behalf of Cindy Wallace Associated Cases: 2:24-md-03126-BMM et al. (Cecchi, James)
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Filing 60
NOTICE of Appearance by Leon Hampton, Jr on behalf of Amber Craig, Jane Doe, Morgan Murphy Associated Cases: 2:24-md-03126-BMM et al. (Hampton, Leon)
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Filing 59
NOTICE of Appearance by Jessica M Haynes on behalf of Amber Craig, Morgan Murphy, Jane Doe Associated Cases: 2:24-md-03126-BMM et al. (Haynes, Jessica)
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Filing 58
NOTICE of Appearance by Larry A Golston, Jr on behalf of Amber Craig, Morgan Murphy, Jane Doe Associated Cases: 2:24-md-03126-BMM et al. (Golston, Larry)
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Filing 57
ORDER granting #54 Motion to Appear Pro Hac Vice for Attorney Terence R. Coates. Counsel shall file a notice of appearance in the master docket 2:24-md-3126-BMM. Signed by Judge Brian Morris on 11/4/2024. (ACC)
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Filing 56
NOTICE of Appearance by Charles E Schaffer on behalf of Raymond S. Moule, Amanda Schwartz Associated Cases: 2:24-md-03126-BMM, 2:24-cv-00074-BMM, 2:24-cv-00131-BMM (Schaffer, Charles)
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Filing 55
NOTICE of Appearance by R. Brent Irby, I on behalf of Amber Craig, Jane Doe, Morgan Murphy Associated Cases: 2:24-md-03126-BMM et al. (Irby, R.)
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Filing 54
MOTION Terence R. Coates to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3362151.). Terence Coates appearing for Plaintiffs Emmanuel Chaidez, Charles McGee, Don Smith, Consolidated Plaintiffs Raymond S. Moule, Don Smith, Raymond Swain, caleb aaron cook. (Attachments: #1 Affidavit Declaration of Terence R. Coates, #2 Text of Proposed Order) (Coates, Terence)
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Filing 53
NOTICE of Appearance by James Pearl on behalf of Live Nation Entertainment, Inc., Live Nation Worldwide Inc Associated Cases: 2:24-md-03126-BMM et al. (Pearl, James)
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Filing 52
NOTICE of Appearance by Joel Rhine on behalf of caleb aaron cook, Caleb Aaron Cook, Gregory Vogel, Raymond S. Moule Associated Cases: 2:24-md-03126-BMM, 2:24-cv-00131-BMM, 2:24-cv-00135-BMM, 2:24-cv-00138-BMM (Rhine, Joel)
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Filing 51
ORDER granting #50 Motion to Appear Pro Hac Vice for Attorney Joel R. Rhine. NOTE: Instructions to request Montana CM/ECF registration through PACER are found #here. Acknowledgment of PHV Order due by 11/13/2024. Signed by Judge Brian Morris on 10/29/2024. (ACC)
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Filing 50
MOTION Joel R. Rhine to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3358286.). John C. Heenan appearing for Consolidated Plaintiffs Raymond S. Moule, caleb aaron cook, Plaintiff Gregory Vogel. (Attachments: #1 Affidavit Declaration of Joel R. Rhine, #2 Exhibit Proposed Order) (Heenan, John)
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Filing 49
NOTICE of Withdrawal of Counsel: Kelly Margolis Dagger and Thomas Hamilton Segars withdrawing from the case, filed by Advance Auto Parts, Inc., Advance Stores Company, Incorporated, Advance Stores Company, Incorporated, Data Breach Litigation. Associated Cases: 2:24-md-03126-BMM et al. (ACC)
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Filing 48
NOTICE of Appearance by Thomas A. Zimmerman, Jr on behalf of Emmanuel Chaidez, Charles McGee, Raymond S. Moule, Don Smith, Raymond Swain, caleb aaron cook Associated Cases: 2:24-md-03126-BMM, 2:24-cv-00131-BMM (Zimmerman, Thomas)
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Filing 47
NOTICE of Appearance by James Pearl on behalf of Ticketmaster, LLC Associated Cases: 2:24-md-03126-BMM et al. (Pearl, James)
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Filing 46
ORDER granting #45 Motion to Appear Pro Hac Vice for Attorney Thomas A. Zimmerman, Jr. Counsel shall file a notice of appearance in the master docket 2:24-md-3126-BMM. Signed by Judge Brian Morris on 10/28/2024. (ACC)
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Filing 45
MOTION Thomas A. Zimmerman, Jr. to Appear Pro Hac Vice ( Filing fee $ 273 receipt number AMTDC-3356304.). Thomas A. Zimmerman, Jr appearing for Plaintiffs Emmanuel Chaidez, Charles McGee, Don Smith, Consolidated Plaintiffs Raymond S. Moule, Raymond Swain, caleb aaron cook. (Attachments: #1 Affidavit of Thomas A. Zimmerman, Jr.) (Zimmerman, Thomas)
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Filing 44
SECOND NOTICE TO PRO HAC VICE ATTORNEYS: Attorneys not admitted to the federal bar for the District of Montana must request pro hac vice e-filing access by filing a motion to proceed pro have vice in their individual case on or before November 4th. Once the pro hac vice motion has been granted, counsel shall file a notice of appearance in the master docket. Instructions for submitting an MDL Attorney E-Filing Registration request in PACER can be found #here. Those who are not admitted by that date will have their e-filing access and notifications terminated. If you have any questions please contact the MDL docket clerk at 406-727-1922. Associated Cases: 2:24-md-03126-BMM et al. (MMS)
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Filing 43
NOTICE of Appearance by Daniel Scott Carlton on behalf of Ticketmaster, LLC Associated Cases: 2:24-md-03126-BMM et al. (Carlton, Daniel)
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Filing 42
TEXT Order Setting: IT IS HEREBY ORDERED that the Initial Case Management Conference is set for 11/14/2024 at 10:00 AM at the Mike Mansfield Federal Courthouse in Butte, MT before Judge Brian Morris. For the parties appearing by Zoom, the Zoom instructions are as follows: Your Meeting ID is 16084709930 and your Passcode is 992335. To join a meeting, open the Zoom application on your device and click "Join a Meeting" (or similar "Join" button). You will need to enter both this Meeting ID and Passcode to join the meeting. If you do not have Zoom installed on your device, you can join via a web browser at https://zoom.us/join using the same Meeting ID and Passcode. Signed by Judge Brian Morris on 10/21/2024. Associated Cases: 2:24-md-03126-BMM et al. (SLL)
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Filing 41
COUNSEL PLEASE NOTE: This docket contains pleadings and orders pertaining to this case only and some, but not all, orders from the master case file In re: Snowflake, Inc., Data Security Breach Litigation MDL No. 24-3126. Counsel should read and comply with all Pretrial Orders filed in the master case. Pleadings filed and orders issued in the master case may be accessed through the master docket sheet at 2:24-md-3126-BMM. Additionally, access to Pretrial Orders, minutes, transcripts, and other documents issued in the master case may be found on the #Snowflake, Inc. Data Breach MDL website page. Attorneys not admitted to the federal bar for the District of Montana must request pro hac vice e-filing access to the District of Montana CM/ECF system through PACER and then electronically file a motion to proceed pro hac vice in this matter. Once the pro hac vice motion has been granted, counsel shall file a notice of appearance in the master docket. Instructions for submitting an MDL Attorney E-Filing Registration request in PACER can be found #here. If you have any questions please contact the MDL docket clerk at 406-727-1922. (MMS)
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Filing 40
Case transferred in from District of North Carolina Eastern; Case Number 5:24-cv-00352. Original file with document certified copy of transfer order and docket sheet received. Case assigned to Judge Brian Morris per MDL. (MMS, )
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Filing 39
TRANSFER ORDER. Signed by Nathaniel M. Gorton on 10/8/2024. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Case transferred to District of Montana. File transmitted electronically. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Filing 38
AMENDED COMPLAINT Consolidated Class Action Complaint against All Defendants, filed by Don Smith, Emmanuel Chaidez, Charles McGee, Raymond Swain, Raymond S. Moule, caleb aaron cook. (Attachments: #1 Exhibit Exhibit 1 Notice Letter) (Rhine, Joel) [Transferred from nced on 10/9/2024.]
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Filing 37
Notice of Special Appearance for non-district by Amanda Brooke Murphy on behalf of Jillian Clark. (Murphy, Amanda) [Transferred from nced on 10/9/2024.]
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Filing 36
Notice of Special Appearance for non-district by Joseph M Lyon on behalf of Dylan Joseph Dragone. (Lyon, Joseph) [Transferred from nced on 10/9/2024.]
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Filing 35
Notice of Special Appearance for non-district by Ronald Podolny on behalf of Emmanuel Chaidez, Dylan Joseph Dragone, Charles McGee, Brian Riley, Don Smith, Gregory Vogel. (Podolny, Ronald) [Transferred from nced on 10/9/2024.]
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Filing 34
ORDER granting #31 Motion to Consolidate Cases. Signed by Chief U.S. District Judge Richard E. Myers II on 9/4/2024. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #31 Consent MOTION to Consolidate Cases. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Filing 33
ORDER granting #27 Motion to Appoint Interim Class Counsel. Signed by Chief U.S. District Judge Richard E. Myers II on 8/27/2024. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Filing 32
Memorandum in Support regarding #31 Consent MOTION to Consolidate Cases filed by Advance Auto Parts, Inc.. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Filing 31
Consent MOTION to Consolidate Cases filed by Advance Auto Parts, Inc.. (Attachments: #1 Text of Proposed Order) (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Filing 30
Notice of Special Appearance for non-district by Jeff Ostrow on behalf of Emmanuel Chaidez. (Ostrow, Jeff) [Transferred from nced on 10/9/2024.]
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Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #27 MOTION to Appoint Counsel Interim Co-Lead Class Counsel. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Filing 29
Proposed Order regarding #27 MOTION to Appoint Counsel Interim Co-Lead Class Counsel filed by Emmanuel Chaidez, Dylan Joseph Dragone, Charles McGee, Brian Riley, Don Smith, Gregory Vogel. (Rhine, Joel) [Transferred from nced on 10/9/2024.]
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Filing 28
Memorandum in Support regarding #27 MOTION to Appoint Counsel Interim Co-Lead Class Counsel filed by Emmanuel Chaidez, Dylan Joseph Dragone, Charles McGee, Brian Riley, Don Smith, Gregory Vogel. (Rhine, Joel) [Transferred from nced on 10/9/2024.]
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Filing 27
MOTION to Appoint Counsel Interim Co-Lead Class Counsel filed by Emmanuel Chaidez, Dylan Joseph Dragone, Charles McGee, Brian Riley, Don Smith, Gregory Vogel. (Rhine, Joel) [Transferred from nced on 10/9/2024.]
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Filing 26
Notice of Special Appearance for non-district by John A. Yanchunis on behalf of Charles McGee, Emmanuel Chaidez, Don Smith, Dylan Joseph Dragone, Gregory Vogel, Brian Riley. (Yanchunis, John) [Transferred from nced on 10/9/2024.]
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Filing 25
Notice of Special Appearance for non-district by Terence Coates on behalf of Don Smith. (Coates, Terence) [Transferred from nced on 10/9/2024.]
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Filing 24
ORDER granting #22 Motion to Consolidate Cases. Signed by Chief U.S. District Judge Richard E. Myers II on 8/14/2024. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #22 Consent MOTION to Consolidate Cases. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Filing 23
Memorandum in Support regarding #22 Consent MOTION to Consolidate Cases filed by Advance Auto Parts, Inc.. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Filing 22
Consent MOTION to Consolidate Cases filed by Advance Auto Parts, Inc.. (Attachments: #1 Text of Proposed Order) (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Filing 21
Notice of Special Appearance for non-district by Charles E. Schaffer on behalf of Raymond S. Moule. (Schaffer, Charles) [Transferred from nced on 10/9/2024.]
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Filing 20
ORDER granting #16 Motion to Consolidate Cases. Case Numbers 5:24-CV-00426, 5:24-CV -00419, and 5:24-CV-00404 are consolidated with this action, and the Clerk of Court is directed to subsequently close those cases. All future pleadings, motions, briefs, and other papers shall be filed in Case No. 5:24-CV-00352. Signed by Chief Judge Richard E. Myers, II on 7/31/2024. (Stouch, L.) [Transferred from nced on 10/9/2024.]
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Filing 19
Notice of Related Case filed by Advance Auto Parts, Inc., Advance Stores Company, Incorporated, Data Breach Litigation (Third). (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #16 MOTION to Consolidate Cases Cook, Moule and Levy. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Filing 18
Proposed Order regarding #16 MOTION to Consolidate Cases Cook, Moule and Levy by Advance Stores Company, Incorporated, Data Breach Litigation. (Rhine, Joel) [Transferred from nced on 10/9/2024.]
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Filing 17
Memorandum in Support regarding #16 MOTION to Consolidate Cases Cook, Moule and Levy filed by Advance Stores Company, Incorporated, Data Breach Litigation. (Rhine, Joel) [Transferred from nced on 10/9/2024.]
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Filing 16
MOTION to Consolidate Cases Cook, Moule and Levy filed by Advance Stores Company, Incorporated, Data Breach Litigation. (Rhine, Joel) [Transferred from nced on 10/9/2024.]
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Filing 15
Notice of Related Case filed by Advance Auto Parts, Inc. (Second). (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Filing 14
Notice of Related Case filed by Advance Auto Parts, Inc. . (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Filing 13
ORDER granting #7 Motion to Consolidate Cases. Signed by Chief U.S. District Judge Richard E. Myers II on 7/23/2024. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Motion Submitted to Chief U.S. District Judge Richard E. Myers II regarding #7 MOTION to Consolidate Cases. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Notice to Counsel regarding: #7 Motion to Consolidate Cases. In accordance with the Practice Preferences of Chief Judge Myers, please also email the proposed order in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Filing 12
Affidavit of Service for Summons In A Civil Action filed by Charles McGee served on Advance Auto Parts, Inc on 7/9/24. (Harris, Scott) [Transferred from nced on 10/9/2024.]
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Filing 11
Financial Disclosure Statement by Advance Auto Parts, Inc. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Filing 10
Notice of Appearance filed by Kelly Margolis Dagger on behalf of Advance Auto Parts, Inc.. (Dagger, Kelly) [Transferred from nced on 10/9/2024.]
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Filing 9
Notice of Appearance filed by Thomas Hamilton Segars on behalf of Advance Auto Parts, Inc.. (Segars, Thomas) [Transferred from nced on 10/9/2024.]
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Filing 8
Memorandum in Support regarding #7 MOTION to Consolidate Cases filed by Charles McGee. (Harris, Scott) [Transferred from nced on 10/9/2024.]
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Filing 7
MOTION to Consolidate Cases filed by Charles McGee. (Attachments: #1 Text of Proposed Order) (Harris, Scott) Modified on 7/16/2024 to correct the naming of attachment 1.(Cannon, S). [Transferred from nced on 10/9/2024.]
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Filing 6
Notice of Special Appearance for non-district by Bryan L. Bleichner on behalf of Charles McGee. (Bleichner, Bryan) [Transferred from nced on 10/9/2024.]
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. (McNally, Kimberly) [Transferred from nced on 10/9/2024.]
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Filing 5
AMENDED DOCUMENT by Charles McGee. Amendment to #4 Financial Disclosure Statement (Harris, Scott) [Transferred from nced on 10/9/2024.]
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Filing 4
Financial Disclosure Statement by Charles McGee (Harris, Scott) [Transferred from nced on 10/9/2024.]
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Filing 3
Summons Issued as to Advance Auto Parts, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) [Transferred from nced on 10/9/2024.]
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Charles McGee. 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 10/9/2024.]
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Filing 2
Notice of Appearance filed by Scott C. Harris on behalf of Charles McGee. (Harris, Scott) [Transferred from nced on 10/9/2024.]
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Filing 1
COMPLAINT against Advance Auto Parts, Inc. ( Filing fee $ 405 receipt number ANCEDC-7662271.), filed by Charles McGee. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Harris, Scott) [Transferred from nced on 10/9/2024.]
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