Wooton v. CL, LLC et al
| John D Wooton |
| CL, LLC, Terrence Coyle, Jay R Lundblad, Peter Chicouris, Anderson Midgett, Stockton Midgett and Midgett Realty, Inc. |
| 2:2009cv00034 |
| June 30, 2009 |
| US District Court for the Eastern District of North Carolina |
| Northern Division Office |
| DARE |
| Louise Wood Flanagan |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Negotiable Instrument |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
106
JUDGMENT - Signed by Dennis P. Iavarone, Clerk of Court on 07/12/2011. (Baker, C.)
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Filing
105
ORDER granting 104 AMENDED Motion for Default Judgment - It is ORDERED, ADJUDGED AND DECREED that default judgment is hereby entered against defendants CL, LLC and Terrence Coyle on plaintiff's claims. It is further ORDERED, ADJUDGED AND DECRE ED that plaintiff is awarded the sum of $105,916.75 in damages from defendant CL; the sum of $520,922.37 in damages from defendant CL and defendant Coyle, who are jointly and severally liable for that amount; the sum of $81,735.00 in a ttorneys fees from defendant CL and defendant Coyle, who are jointly and severally liable for that amount; and the sum of $2,793.55 in costs from defendant CL and defendant Coyle, who are jointly and severally liable for that amount. It is further ORDERED, ADJUDGED AND DECREED that post-judgment interest on these amounts shall accrue at the rate specified in 28 U.S.C. § 1961. Signed by Chief Judge Louise Wood Flanagan on 07/01/2011. (Baker, C.)
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Filing
93
ORDER denying 91 Motion for Entry of Judgment under Rule 54(b)- Plaintiff is directed to proceed with his claims against the remaining defendants to bring this action to a close. Signed by Chief Judge Louise Wood Flanagan on 02/24/2011. (Baker, C.)
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Filing
89
ORDER granting 74 Motion for Judgment on the Pleadings; denying as moot 78 Motion to Alter Judgment and denying motion to amend complaint; and, denying 87 Motion for Extension of Time to Complete Discovery - Where the Midgetts, Chicouris, and M idgett Realty have each been dismissed as defendants in this action, plaintiff's claims remain only against defendant CL, LLC ("CL"), Terrence Coyle ("Coyle"), and Jay Robert Lundblad ("Lundblad"). Also pending are the Midgetts' crossclaims against these three defendants. Pursuant to the case management order, as amended, the parties have until February 28, 2011, to file any dispositive motions. Default was entered against CL and Coyle by order dated Janua ry 28, 2010. Although Lundblad has yet to appear in this matter, he is protected by the automatic stay provision of 11 U.S.C. § 362 by virtue of his voluntary bankruptcy petition filed in the United States Bankruptcy Court for the Western Distri ct of Pennsylvania on or about March 12, 2010. Counsel for plaintiff and counsel for crossclaimants Anderson and Stockton Midgett shall notify the court immediately upon the conclusion of the bankruptcy proceedings involving Lundblad by filing with t his court a notice stating the disposition of the bankruptcy case and including the final order in the bankruptcy matter or other disposing order issued by the bankruptcy court. Signed by Chief Judge Louise Wood Flanagan on 12/28/2010. Copies served electronically. (Baker, C.)
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Filing
73
ORDER - Plaintiff's motion to amend 23 is GRANTED IN PART and DENIED IN PART. Specifically, the motion is allowed as to defendant CL, LLC, and Terrence. Coyle, against whom defaults previously were entered, and who now shall have an additional twenty-one (21) days within which to respond from date of service of this order and plaintiff's amended complaint. The motion is also allowed as to defendant Peter Chicouris and Midgett Realty, Inc., whose responses have been filed. However, be cause the amended complaint cannot survive the individual Midgett defendants' motion to dismiss, it is denied with respect to defendants Anderson and Stockton Midgett. The motion is not adjudicated as against defendant Lundblad, who is protected by the automatic stay provision of the Bankruptcy Code. The motions to dismiss of defendants Anderson Midgett and Stockton Midgett 15 and defendant Peter Chicouris 38 are GRANTED. All claims against these defendants are dismissed. Plaintiffs cla ims against defendants CL, LLC, Terrence Coyle, and Midgett Realty, Inc. remain pending. Cross-claims of Anderson and Stockton Midgett against CL, LLC and Terrence Coyle also remain pending. Plaintiff's claims and the Midgetts' cross-claims against Jay Robert Lundblad remained stayed pending resolution of Lundblad's bankruptcy case. Signed by Chief Judge Louise Wood Flanagan on 09/27/2010. Copies served electronically. (Baker, C.)
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