Dykstra et al v. Temple et al
| Marianne Dykstra, Neuse Breeze, LLC and Glen Dykstra |
| Calvin Williams, Sally L. Temple, Miki Williams, Jane Does 1-10, John Does 1-10 and Jack M. Temple |
| 4:2018cv00145 |
| August 17, 2018 |
| US District Court for the Eastern District of North Carolina |
| Eastern Division Office |
| CRAVEN |
| James C Dever |
| Louise Wood Flanagan |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 |
| Plaintiff |
Docket Report
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| Document Text |
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| TEXT ORDER granting the Second Motion for Extension of Time #33 filed by Defendants Jack M. Temple and Sally L. Temple. For good cause shown, it is ordered that these defendants shall have up to and including October 29, 2018, within which to answer or otherwise respond to the Complaint #1 and to respond to the Motion for Preliminary Injunction #7 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/3/2018. (Hockaday, A.) |
| Filing 33 Second MOTION to Amend/Correct #1 Complaint, #31 Second MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction UNOPPOSED filed by Jack M. Temple, Sally L. Temple. (Rattelade, Heather) Modified on 10/3/2018 to correct event type (Hockaday, A.). |
| Notice to Counsel regarding: #33 Motion to Amend/Correct, #31 Motion for Extension of Time to File Answer. Counsel is reminded of Local Rule 10.1 (a) which specifies the format of pleadings which states that all pleadings, motions, discovery procedures, memoranda, and other papers filed with the clerk of court shall be double-spaced on single-sided, standard letter size (8 1/2 x 11) paper, with all typed matter appearing in at least 11 point font size with a one inch margin on all sides. No action on the part of counsel is required. (Collins, S.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #33 Second MOTION to Amend/Correct #1 Complaint, #31 Second MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction UNOPPOSED. (Collins, S.) |
| Filing 32 Proposed Order regarding #31 Second MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction by Jack M. Temple, Sally L. Temple. (Rattelade, Heather) |
| Filing 31 **Disregard - Amended filing at #33 ** Second MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction filed by Jack M. Temple, Sally L. Temple. (Rattelade, Heather) Modified on 10/2/2018 (Collins, S.). |
Filing 30
ORDER granting #28 Motion for Extension of Time to Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction. Calvin Williams and Miki Williams answer due 11/7/2018. Signed by District Judge Louise Wood Flanagan on 9/25/2018. (Collins, S.)
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| Filing 29 RESPONSE to Motion regarding #28 MOTION for Extension of Time to File Answer filed by Glen Dykstra, Marianne Dykstra. (Attachments: #1 Affidavit of Marianne Dykstra Sept 24 2018) (Boltz, Russ) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #28 MOTION for Extension of Time to File Answer. (Collins, S.) |
| Filing 28 MOTION for Extension of Time to File Answer or Otherwise to Respond to the Plaintiff's Complaint and Motion for Preliminary Injunction filed by Calvin Williams and Miki Williams. (Attachments: #1 Text of Proposed Order) (Edwards, S.) |
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Filing 27
ORDER granting #19 Motion for Extension of Time to Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction And Otherwise Respond to Complaint - Signed by District Judge Louise Wood Flanagan on 9/13/2018. (Tripp, S.)
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| Filing 26 Memorandum in Opposition regarding #24 Response in Opposition to Motion, filed by Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Attachments: #1 Affidavit of Marianne Dykstra) (Boltz, Russ) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #19 First MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction And Otherwise Respond to Complaint. (Collins, S.) |
| Filing 25 AFFIDAVIT of Default of Defendants Calvin Williams and Miki Williams and Certificate of Service by Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC (Boltz, Russ) |
| Filing 24 RESPONSE in Opposition regarding #19 First MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction And Otherwise Respond to Complaint filed by Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Boltz, Russ) |
| Filing 23 *CORRECTED AND REFILED AT #24 * RESPONSE in Opposition regarding #19 First MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction And Otherwise Respond to Complaint filed by Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Boltz, Russ) Modified on 9/10/2018 (Tripp, S.). |
| Filing 22 Financial Disclosure Statement by Jack M. Temple, Sally L. Temple (Rattelade, Heather) |
| Filing 21 Notice of Appearance filed by Heather L. Rattelade on behalf of Jack M. Temple, Sally L. Temple. (Rattelade, Heather) |
| Filing 20 Proposed Order regarding #19 First MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction And Otherwise Respond to Complaint by Jack M. Temple, Sally L. Temple. (Rattelade, Heather) |
| Filing 19 First MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction And Otherwise Respond to Complaint filed by Jack M. Temple, Sally L. Temple. (Rattelade, Heather) |
| Remark - #23 RESPONSE in Opposition referred to Peter A. Moore, Jr., Clerk of Court. (Tripp, S.) |
| Motion No Longer Referred to Peter A. Moore, Jr., Clerk of Court: #19 First MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction And Otherwise Respond to Complaint (Tripp, S.) |
| NOTICE OF DEFICIENCY regarding #23 Response in Opposition to Motion - Counsel's signature line does not comply with Section IV.D.1 of the CM/ECF Policies and Procedures Manual. The signature line should read "/s/ Mario A. Krueger" and "/s/ Russ E. Boltz." Additionally, A Certificate of Service should accompany this filing. Counsel is directed to refile. (Tripp, S.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #19 First MOTION for Extension of Time to File Answer regarding #1 Complaint, #7 MOTION for Preliminary Injunction And Otherwise Respond to Complaint. (Tripp, S.) |
| Filing 18 Notice of Special Appearance for non-district by Russ E. Boltz on behalf of All Plaintiffs. (Boltz, Russ) |
| Filing 17 SUMMONS Returned Executed by Neuse Breeze, LLC, Glen Dykstra, Marianne Dykstra. Jack M. Temple served on 8/19/2018, answer due 9/9/2018. (Collins, S.) |
| Filing 16 SUMMONS Returned Executed by Neuse Breeze, LLC, Glen Dykstra, Marianne Dykstra. Sally L. Temple served on 8/19/2018, answer due 9/9/2018. (Collins, S.) |
| Filing 15 SUMMONS Returned Executed by Neuse Breeze, LLC, Glen Dykstra, Marianne Dykstra. Calvin Williams served on 8/17/2018, answer due 9/7/2018. (Collins, S.) |
| Filing 14 SUMMONS Returned Executed by Neuse Breeze, LLC, Glen Dykstra, Marianne Dykstra. Miki Williams served on 8/17/2018, answer due 9/7/2018. (Collins, S.) |
| Filing 13 Notice of Appearance filed by Mario A. Krueger on behalf of Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Attachments: #1 Correspondence to Clerk, #2 Envelope) (Collins, S.) |
| Notice to Counsel regarding: #15 Summons Returned Executed, #14 Summons Returned Executed, #16 Summons Returned Executed, #17 Summons Returned Executed. In future filings, counsel should include the division and correct case number. The case number should read 4:18-cv-145-FL. No action by counsel required. (Collins, S.) |
| Filing 12 Notice to Attorney General of North Carolina of RICO Action filed by Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Attachments: #1 Correspondence to Clerk, #2 Envelope) (Collins, S.) |
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Filing 11
ORDER REASSIGNING CASE. Case reassigned to District Judge Louise Wood Flanagan for all further proceedings. Chief Judge James C. Dever, III no longer assigned to case. All future documents shall reflect the revised case number of 4:18-CV-145-FL. Signed by Peter A. Moore, Jr., Clerk of Court on 8/21/2018. (Herrmann, L.)
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| Motion No Longer Submitted to Chief Judge James C. Dever, III: regarding #7 MOTION for Preliminary Injunction. (Collins, S.) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #7 MOTION for Preliminary Injunction. (Collins, S.) |
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Filing 10
ORDER granting #9 Motion for Leave to File Paper Documents pending ECF training. Signed by Peter A. Moore, Jr., Clerk of Court on 8/20/2018. Sent to Tommy A. Kellis, Mario Kruger, and Russ E. Boltz Carolina Law Group, L.L.C. at 1723 South Glenburnie Road New Bern, NC 28562 via US Mail. (Sellers, N.)
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| Filing 9 MOTION for Leave to File Paper Documents pending ECF training filed by Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Attachments: #1 Text of Proposed Order) (Sellers, N.) |
| Filing 8 Memorandum in Support regarding #7 MOTION for Preliminary Injunction filed by Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Attachments: #1 Exhibit Facebook comment and response, #2 Affidavit of Marianne Dykstra, #3 Affidavit of Callie Attum, #4 Affidavit of Brittany Hartsell, #5 Affidavit of April Pokora) (Sellers, N.) |
| Filing 7 MOTION for Preliminary Injunction filed by Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Sellers, N.) |
| Filing 6 Summonses Issued at intake as to Jack M. Temple, Sally L. Temple, Calvin Williams, Miki Williams. (Sellers, N.) |
| Filing 5 Financial Disclosure Statement filed by Marianne Dykstra. (Sellers, N.) |
| Filing 4 Financial Disclosure Statement filed by Glen Dykstra. (Sellers, N.) |
| Filing 3 Financial Disclosure Statement filed by Neuse Breeze, LLC. (Sellers, N.) |
| Filing 2 Notice of Special Appearance for non-district by Attorney Russ E. Boltz for Glen Dykstra, Marianne Dykstra, Neuse Breeze, LLC. (Sellers, N.) |
| Filing 1 COMPLAINT against Jane Does 1-10, John Does 1-10, Jack M. Temple, Sally L. Temple, Calvin Williams, Miki Williams, filed by Neuse Breeze, LLC, Glen Dykstra, Marianne Dykstra. ( Filing fee $ 400 receipt number NEW000936.) (Attachments: #1 Civil Cover Sheet) (Sellers, N.) |
| NOTICE TO COUNSEL - All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Sellers, N.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #9 MOTION for Leave to File. (Sellers, N.) |
| Motion Submitted to Chief Judge James C. Dever III regarding #7 MOTION for Preliminary Injunction. (Sellers, N.) |
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