Shriners Hospitals for Children v. The Paul F.M. Shaver, III, Inc. Profit Sharing Plan et al
| Shriners Hospitals for Children |
| Barrier Island Staton, Inc., Estate of Paul F.M. Shaver, III, Sugar Creek III, LLC, Sarah K. Morris, JTL Holding, Inc., Sugar Creek II, LLC, Black Pelican, LLC, Paul F.M. Shaver, III, Inc., The Paul F.M. Shaver, III, Inc., Employee Trust, Black Pelican Ventures, Inc., Black Pelican Seafood Company, Inc., Julia P. Lee, Barrier Island Realty, Inc., The Paul F.M. Shaver, III, Profit Sharing Plan, The John T. Lancaster, Inc. Profit Sharing Plan, John T. Lancaster, PFMS Holding, Inc. and Sugar Creek I, Inc. |
| 2:2020cv00010 |
| February 17, 2020 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 |
| Plaintiff |
Docket Report
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| Filing 31 Memorandum in Support regarding #28 Memorandum in Support,, #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Notice of Deficiency, filed by Barrier Island Realty, Inc., Barrier Island Staton, Inc., Black Pelican Seafood Company, Inc., Black Pelican Ventures, Inc., Black Pelican, LLC, Estate of Paul F.M. Shaver, III, Julia P. Lee, Sarah K. Morris, PFMS Holding, Inc., Paul F.M. Shaver, III, Inc., Sugar Creek I, Inc., Sugar Creek II, LLC, Sugar Creek III, LLC, The Paul F.M. Shaver, III, Inc., Employee Trust, The Paul F.M. Shaver, III, Profit Sharing Plan. (Attachments: #1 Index Index of Exhibits to Memorandum, #2 Exhibit A- Shaver Last Will and Testament, #3 Exhibit B- The Paul F. M. Shaver, III Trust, #4 Exhibit C- The Shaver Plan, #5 Exhibit D- The Shaver Plan Beneficiary Designation, #6 Exhibit E- 2006-2007 Form 5500, #7 Exhibit F- Articles of Incorporation of Ventures) (Whitley, W.) |
TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendants have filed motions to dismiss, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motions filed 4/15/20. Signed by District Judge Louise Wood Flanagan on 4/16/2020. (Collins, S.)
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TEXT ORDER regarding #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. The court DIRECTS the parties to deliver to the court a courtesy copy of the documents filed by that party, and all outstanding motions and briefs related thereto, including all exhibits and attachments thereto, tabbed by docket entry and exhibit number, but not bound, no later than twenty (20) days from the date of the text order, or sooner if possible. Such courtesy copies are to be addressed for delivery to the Honorable Louise W. Flanagan, United States District Court, Eastern District of North Carolina, ATTN: Ms. Sandra Collins, 413 Middle St., New Bern, NC 28560. Signed by District Judge Louise Wood Flanagan on 4/16/2020. (Collins, S.)
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| NOTICE OF DEFICIENCY regarding #28 Memorandum in Support. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit A" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed to refile. (Collins, S.) |
| Filing 30 Memorandum in Support regarding #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JTL Holding, Inc., John T. Lancaster, The John T. Lancaster, Inc. Profit Sharing Plan. (Attachments: #1 Index, #2 Exhibit A - Shaver Plan, #3 Exhibit B - 2006 Form 5500, #4 Exhibit C - 2007 Form 5500, #5 Exhibit D - 2008 Form 5500, #6 Exhibit E - Shaver Plan Guaranty, #7 Exhibit F - Lancaster Guaranty, #8 Exhibit G - Lancaster Plan Guaranty) (Brock, Walter) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JTL Holding, Inc., John T. Lancaster, The John T. Lancaster, Inc. Profit Sharing Plan. (Brock, Walter) |
| Filing 28 **CORRECTED AND REFILED AT #31 ** Memorandum in Support regarding #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Barrier Island Realty, Inc., Barrier Island Staton, Inc., Black Pelican Seafood Company, Inc., Black Pelican Ventures, Inc., Black Pelican, LLC, Estate of Paul F.M. Shaver, III, Julia P. Lee, Sarah K. Morris, PFMS Holding, Inc., Paul F.M. Shaver, III, Inc., Sugar Creek I, Inc., Sugar Creek II, LLC, Sugar Creek III, LLC, The Paul F.M. Shaver, III, Inc., Employee Trust, The Paul F.M. Shaver, III, Profit Sharing Plan. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Whitley, W.) Modified on 4/16/2020 (Collins, S.). |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Barrier Island Realty, Inc., Barrier Island Staton, Inc., Black Pelican Seafood Company, Inc., Black Pelican Ventures, Inc., Black Pelican, LLC, Estate of Paul F.M. Shaver, III, Julia P. Lee, Sarah K. Morris, PFMS Holding, Inc., Paul F.M. Shaver, III, Inc., Sugar Creek I, Inc., Sugar Creek II, LLC, Sugar Creek III, LLC, The Paul F.M. Shaver, III, Inc., Employee Trust, The Paul F.M. Shaver, III, Profit Sharing Plan. (Whitley, W.) |
| Filing 26 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by JTL Holding, Inc., John T. Lancaster, The John T. Lancaster, Inc. Profit Sharing Plan. (Attachments: #1 Text of Proposed Order) (Brock, Walter) |
| Filing 25 Financial Disclosure Statement by The John T. Lancaster, Inc. Profit Sharing Plan (Brock, Walter) |
| Filing 24 Financial Disclosure Statement by JTL Holding, Inc. (Brock, Walter) |
| Filing 23 Financial Disclosure Statement by John T. Lancaster (Brock, Walter) |
| Filing 22 Notice of Appearance filed by Walter E. Brock, Jr on behalf of JTL Holding, Inc., John T. Lancaster, The John T. Lancaster, Inc. Profit Sharing Plan. (Brock, Walter) |
| TEXT ORDER granting the Consent Motion for Extension of Time #26 filed by defendants JTL Holding, Inc., John T. Lancaster, and The John T. Lancaster, Inc. Profit Sharing Plan. For good cause shown, it is ordered that these defendants have up to and including April 15, 2020, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 3/16/2020. (Hockaday, A.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #26 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Collins, S.) |
| Filing 21 MOTION for Extension of Time to File Answer filed by Barrier Island Realty, Inc., Barrier Island Staton, Inc., Black Pelican Seafood Company, Inc., Black Pelican Ventures, Inc., Black Pelican, LLC, Estate of Paul F.M. Shaver, III, Julia P. Lee, Sarah K. Morris, PFMS Holding, Inc., Paul F.M. Shaver, III, Inc., Sugar Creek I, Inc., Sugar Creek II, LLC, Sugar Creek III, LLC, The Paul F.M. Shaver, III, Inc., Employee Trust, The Paul F.M. Shaver, III, Profit Sharing Plan. (Attachments: #1 Text of Proposed Order Proposed Order) (Whitley, W.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #21 MOTION for Extension of Time to File Answer. (Collins, S.) |
| TEXT ORDER granting the unopposed Motion for Extension of Time #21 filed by Barrier Island Realty, Inc., Barrier Island Station, Inc., Black Pelican Seafood Company, Inc., Black Pelican Ventures, Inc., Black Pelican, LLC, Estate of Paul F.M. Shaver, III, Julia P. Lee, Sarah K. Morris, PFMS Holding, Inc., Paul F.M. Shaver, III, Inc., Sugar Creek I, Inc., Sugar Creek II, LLC, Sugar Creek III, LLC, The Paul F.M. Shaver, III, Inc., Employee Trust, and The Paul F.M. Shaver, III, Profit Sharing Plan. For good cause shown, it is ordered that these defendants have up to and including April 15, 2020, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 3/12/2020. (Hockaday, A.) |
| Filing 20 Financial Disclosure Statement by Sugar Creek III, LLC (Whitley, W.) |
| Filing 19 Financial Disclosure Statement by Sugar Creek II, LLC (Whitley, W.) |
| Filing 18 Financial Disclosure Statement by Sugar Creek I, Inc. (Whitley, W.) |
| Filing 17 Financial Disclosure Statement by Black Pelican Ventures, Inc. (Whitley, W.) |
| Filing 16 Financial Disclosure Statement by Black Pelican, LLC (Whitley, W.) |
| Filing 15 Financial Disclosure Statement by Black Pelican Seafood Company, Inc. (Whitley, W.) |
| Filing 14 Financial Disclosure Statement by PFMS Holding, Inc. (Whitley, W.) |
| Filing 13 Financial Disclosure Statement by Barrier Island Realty, Inc. (Whitley, W.) |
| Filing 12 Financial Disclosure Statement by Barrier Island Staton, Inc. (Whitley, W.) |
| Filing 11 Financial Disclosure Statement by Paul F.M. Shaver, III, Inc. (Whitley, W.) |
| Filing 10 Financial Disclosure Statement by The Paul F.M. Shaver, III, Inc., Employee Trust (Whitley, W.) |
| Filing 9 Financial Disclosure Statement by The Paul F.M. Shaver, III, Profit Sharing Plan (Whitley, W.) |
| Filing 8 Notice of Appearance filed by W. Dudley Whitley, III on behalf of Barrier Island Realty, Inc., Barrier Island Staton, Inc., Black Pelican Seafood Company, Inc., Black Pelican Ventures, Inc., Black Pelican, LLC, Estate of Paul F.M. Shaver, III, Julia P. Lee, Sarah K. Morris, PFMS Holding, Inc., Paul F.M. Shaver, III, Inc., Sugar Creek I, Inc., Sugar Creek II, LLC, Sugar Creek III, LLC, The Paul F.M. Shaver, III, Inc., Employee Trust, The Paul F.M. Shaver, III, Profit Sharing Plan. (Whitley, W.) |
| Filing 7 Notice of Appearance filed by James C. Adams, II on behalf of Shriners Hospitals for Children. (Adams, James) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) |
| Filing 6 Notice of Appearance filed by Joseph L. Bell, Jr on behalf of Shriners Hospitals for Children. (Bell, Joseph) |
| Filing 5 Notice of Appearance filed by Jeffrey A. Batts on behalf of Shriners Hospitals for Children. (Batts, Jeffrey) |
| Filing 4 Summons Issued as to Barrier Island Realty, Inc., Barrier Island Staton, Inc., Black Pelican Seafood Company, Inc., Black Pelican Ventures, Inc., Black Pelican, LLC, Estate of Paul F.M. Shaver, III, JTL Holding, Inc., John T. Lancaster, Julia P. Lee, Sarah K. Morris, PFMS Holding, Inc., Paul F.M. Shaver, III, Inc., Sugar Creek I, Inc., Sugar Creek II, LLC, Sugar Creek III, LLC, The John T. Lancaster, Inc. Profit Sharing Plan, The Paul F.M. Shaver, III, Inc., Employee Trust, The Paul F.M. Shaver, III, Profit Sharing Plan. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Notice to Counsel - Counsel is reminded that all parties to the action are to be added at case opening. No further action is needed. (Rudd, D.) |
| Filing 3 Financial Disclosure Statement by Shriners Hospitals for Children (McKellar, Joseph) |
| Filing 2 Notice of Appearance filed by Joseph Garriss McKellar on behalf of Shriners Hospitals for Children. (McKellar, Joseph) |
| Filing 1 COMPLAINT against Shriners Hospitals for Children ( Filing fee $ 400 receipt number 0417-5316752.), filed by Shriners Hospitals for Children. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons, #11 Proposed Summons, #12 Proposed Summons, #13 Proposed Summons, #14 Proposed Summons, #15 Proposed Summons, #16 Proposed Summons, #17 Proposed Summons, #18 Proposed Summons, #19 Proposed Summons) (McKellar, Joseph) |
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