Hodges et al v. North Carolina CVS Pharmacy, LLC
| Paulette F Hodges and Mark Hodges |
| North Carolina CVS Pharmacy, LLC |
| 2:2023cv00067 |
| December 22, 2023 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Defendant |
Docket Report
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| Filing 22 Letter to Clerk of Court, Dare County Superior Court Regarding #21 Order to Remand. (Carter, Alexus) |
Filing 21
ORDER - Good cause having been shown, plaintiffs' motion for leave to manually file notice of appearance on behalf of their attorney, Lucia M. Mercurio, is ALLOWED. Where plaintiffs have stipulated that their total recovery will not exceed $75,000.00 (DE #19 ), and defendant consents to plaintiffs' motion to remand on this basis (DE #20 ), the court ALLOWS plaintiffs' motion to remand. This action is REMANDED to the General Court of Justice, Superior Court Division, of Dare County, North Carolina, with defendant's motion to dismiss pending that court's address. Signed by District Judge Louise Wood Flanagan on 2/12/2024. (Carter, Alexus)
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| Motions Submitted to District Judge Louise Wood Flanagan regarding #14 MOTION to Remand , #16 MOTION for Leave to Manually File, #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Mark Hodges as Plaintiff. (Collins, S) |
| Filing 20 RESPONSE to Motion regarding #14 MOTION to Remand filed by North Carolina CVS Pharmacy, LLC. (Pfefferle, Madeleine) |
| Filing 19 STIPULATION Capping Total Recovery by Mark Hodges, Paulette F Hodges (Powers, David) |
| Filing 18 Memorandum in Opposition regarding #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Mark Hodges as Plaintiff filed by Mark Hodges, Paulette F Hodges. (Attachments: #1 Text of Proposed Order) (Powers, David) |
| Filing 17 **Corrected and refiled at #18 ** MOTION to Dismiss filed by Mark Hodges, Paulette F Hodges. (Attachments: #1 Text of Proposed Order Order to Dismiss) (Powers, David) Modified on 1/23/2024 (Collins, S). |
| Filing 16 MOTION for Leave to Manually File by Attorney Lucia Mercurio filed by Mark Hodges, Paulette F Hodges. (Attachments: #1 Cover letter, #2 Proposed Notice of Appearance, #3 Text of Proposed Order, #4 Envelope, #5 SASE) (Collins, S) |
| Filing 15 Memorandum in Support of Motion for Remand filed by Mark Hodges, Paulette F Hodges. (Attachments: #1 Exhibit Exhibit A) (Powers, David) |
| Filing 14 MOTION to Remand filed by Mark Hodges, Paulette F Hodges. (Attachments: #1 Text of Proposed Order Proposed Order - Plaintiffs' Motion to Remand) (Powers, David) |
| Filing 13 FINANCIAL AFFIDAVIT by Paulette F Hodges (Powers, David) |
| Filing 12 Financial Disclosure Statement by Paulette F Hodges (Powers, David) |
| Filing 11 Financial Disclosure Statement by Mark Hodges (Powers, David) |
| Filing 10 Notice of Appearance filed by David B. Powers on behalf of All Plaintiffs. (Powers, David) |
| Filing 9 Notice filed by North Carolina CVS Pharmacy, LLC Defendant's Notice of Filing Copy of Notice of Removal in State Court. (Attachments: #1 Exhibit Defendant's Notice of Filing Notice of Removal-Dare County) (Pfefferle, Madeleine) |
| Filing 8 Notice regarding #1 Notice of Removal - Notice to Counsel Regarding Removal of Case to Eastern District of North Carolina. (Collins, S) |
| Filing 7 ANSWER to Complaint by North Carolina CVS Pharmacy, LLC. (Packer, Leslie) |
| Filing 6 Memorandum in Support regarding #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Mark Hodges as Plaintiff filed by North Carolina CVS Pharmacy, LLC. (Packer, Leslie) |
| Filing 5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Mark Hodges as Plaintiff filed by North Carolina CVS Pharmacy, LLC. (Packer, Leslie) |
| Filing 4 Notice of Appearance filed by Madeleine Pfefferle on behalf of North Carolina CVS Pharmacy, LLC. (Pfefferle, Madeleine) |
| Filing 3 Financial Disclosure Statement by North Carolina CVS Pharmacy, LLC (Packer, Leslie) |
| Filing 2 Notice of Appearance filed by Leslie C. Packer on behalf of North Carolina CVS Pharmacy, LLC. (Packer, Leslie) |
| Filing 1 NOTICE OF REMOVAL by North Carolina CVS Pharmacy, LLC from Dare Superior Court, case number 23-cvs-459. ( Filing fee $ 405 receipt number ANCEDC-7407909), filed by North Carolina CVS Pharmacy, LLC. (Attachments: #1 Exhibit A - Complaint - Dare County, #2 Exhibit B - Summons and Coversheet, #3 Civil Cover Sheet Civil cover sheet, #4 Supplement Supplemental Removal Cover Sheet) (Packer, Leslie) |
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