Barrett et al v. USA Service Finance, LLC et al
| Freddy Jreisat, Valor Capital Holdings, LLC and Catherine Barrett |
| USA Service Finance, LLC, Graceland Properties, LLC, Christopher E Burnett, Heartland Capital Investments, LLC, Daniel T Burnett and CEB Investments, LLC |
| 4:2018cv00155 |
| September 7, 2018 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract: Other |
| 28 U.S.C. § 1330 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 5, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 Notice of Appearance filed by Charles E. Simpson, Jr on behalf of Graceland Properties, LLC. (Simpson, Charles) |
| Notice to Counsel regarding: #36 Reply to Response to Motion. Charles E. Simpson, Jr. should file a Notice of Appearance. (Collins, S.) |
| Filing 36 REPLY to Response to Motion regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Graceland Properties, LLC. (Banfield, Christina) |
| Filing 35 RESPONSE to Order regarding Text Order,,, filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Adams, Daniel) |
Filing 34
ORDER granting #33 Motion for Extension of Time to File Reply regarding #24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction , #26 Joint MOTION to Dismiss or, in the alternative, Joint MOTION to Transfer Case to the Western District of Kentucky. Replies due by 11/16/2018. Signed by District Judge Louise Wood Flanagan on 11/1/2018. (Collins, S.)
|
| Filing 33 MOTION for Extension of Time to File Response/Reply as to #31 Response in Opposition to Motion, #32 Response in Opposition to Motion,, filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Text of Proposed Order) (Hylarides, Donavan) |
| Filing 32 RESPONSE in Opposition regarding #26 Joint MOTION to Dismiss or, in the alternativeJoint MOTION to Transfer Case to the Western District of Kentucky filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Attachments: #1 Exhibit A - WDKY Response to Motion to Transfer, #2 Exhibit B - WDKY Response to Motion to Dismiss, #3 Exhibit C - WDKY Motion to Dismiss, #4 Exhibit D - WDKY Motion to Transfer, #5 Exhibit E - WDKY Motion for Leave to Amend Complaint) (Adams, Daniel) |
| Filing 31 RESPONSE in Opposition regarding #24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Adams, Daniel) |
| Filing 30 Declaration of Cathrine Barrett by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC (Attachments: #1 Exhibit A - Paystubs, #2 Exhibit B - Emails) (Adams, Daniel) |
|
TEXT ORDER - Where defendants have filed motions to dismiss, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order regarding planning and scheduling. Unless a party raises objection to a stay of these activities pending completion of briefing on the motions now at issue, and decision thereon by this court, in filing due within 14 days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendants' motions. Signed by District Judge Louise Wood Flanagan on 10/22/2018. (Collins, S.)
|
| Filing 29 RESPONSE in Opposition regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Adams, Daniel) |
| Filing 28 ANSWER to Complaint by Heartland Capital Investments, LLC. (Wyatt, Scott) |
| Filing 27 Memorandum in Support regarding #26 Joint MOTION to Dismiss or, in the alternativeJoint MOTION to Transfer Case to the Western District of Kentucky filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - USA Serv v. Barrett et al 5:18-cv-110 (W.D.Ky.), #2 Exhibit 2 - Federal District Court Statistics) (Wyatt, Scott) |
| Filing 26 Joint MOTION to Dismiss or, in the alternative, Joint MOTION to Transfer Case to the Western District of Kentucky filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - Declaration of Christopher E. Burnett, #2 Exhibit 2 - Declaration of Daniel T. Burnett) (Wyatt, Scott) |
| Filing 25 Memorandum in Support regarding #24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Joint MOTION to Dismiss for Lack of Jurisdiction filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - USA Serv v. Barrett et al 5:18-cv-110 (W.D.Ky.)) (Wyatt, Scott) |
| Filing 24 Joint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , Joint MOTION to Dismiss for Lack of Jurisdiction filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Exhibit 1 - Declaration of Christopher E. Burnett, #2 Exhibit 2 - Declaration of Daniel T. Burnett) (Wyatt, Scott) |
| Filing 23 Notice of Appearance filed by Donavan John Hylarides on behalf of Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Hylarides, Donavan) |
| Filing 22 Financial Disclosure Statement by Freddy Jreisat (Schauer, Craig) |
| Filing 21 Financial Disclosure Statement by Catherine Barrett (Schauer, Craig) |
| Filing 20 Financial Disclosure Statement by Valor Capital Holdings, LLC (Schauer, Craig) |
| TEXT ORDER. The Court has been informed that due to the impacts of Hurricane Florence, counsel for defendant Graceland Properties LLC is unable to serve counsel for plaintiffs with the Motion to Dismiss #15 and Memorandum in Support #16 , as previously directed by the Court. The clerk is DIRECTED to electronically serve counsel for plaintiffs with a copy of the motion and memorandum. Plaintiffs shall have up to and including October 19, 2018, within which to respond to the Motion to Dismiss. Entered by US District Judge Louise Wood Flanagan on 9/19/2018. (Stouch, L.) Modified on 9/19/2018 to correct date in docket entry text (Stouch, L.). |
| Filing 19 Notice of Appearance filed by Joshua Aaron Yost on behalf of Catherine Barrett, Freddy Jreisat, Valor Capital Holdings, LLC. (Yost, Joshua) |
| Filing 18 Notice of Appearance filed by Craig Daniel Schauer on behalf of All Plaintiffs. (Schauer, Craig) |
| Filing 17 Notice of Appearance filed by Daniel DeCederfelt Adams on behalf of All Plaintiffs. (Adams, Daniel) |
| NOTICE OF DEFICIENCY regarding #15 Motion to Dismiss for Failure to State a Claim. Counsel has failed to indicate on the Certificate of Service that a copy of this document was sent via US mail to counsel for plaintiff. Counsel for Plaintiff has not filed their Notices of Appearance and therefore cannot receive filings by CM/ECF until they do so. Counsel shall file an amended Certificate of Service indicating that the above has been done. (Collins, S.) |
| Filing 16 Memorandum in Support regarding #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Graceland Properties, LLC. (Attachments: #1 Exhibit Unpublished Case - McLeskey v. Davis Boat Works, Inc., #2 Exhibit Unpublished Case - Rauch Indus. v. Radko, #3 Exhibit Unpublished Case - Reeger Builders, Inc. v. J.C. Demo Ins. Group, Inc.) (Banfield, Christina) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Graceland Properties, LLC. (Banfield, Christina) |
| Filing 14 Notice filed by Graceland Properties, LLC regarding #10 Notice of Removal, Supplemental Removal Cover Sheet. (Banfield, Christina) |
| Notice to Counsel regarding: #10 Notice of Removal. Pursuant to Section V(E) of the CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text. The clerk's office has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Collins, S.) |
|
Filing 13
ORDER granting #12 Motion for Extension of Time to Answer - Signed by Peter A. Moore, Jr., Clerk of Court on 9/10/2018. (Certified copy served via U.S. Mail upon plaintiffs' counsel, Daniel Adams and Craig D. Schauer, Brooks, Pierce, McLendon Humphrey & Leonard, LLP, PO Box 1800, Raleigh, NC 27602) (Tripp, S.)
|
| Filing 12 MOTION for Extension of Time to File Answer complaint filed by Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Attachments: #1 Text of Proposed Order) (Wyatt, Scott) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #12 MOTION for Extension of Time to File Answer complaint. (Tripp, S.) |
| Filing 11 Notice of Appearance filed by Scott F. Wyatt on behalf of Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Wyatt, Scott) |
| Filing 10 NOTICE OF REMOVAL by Graceland Properties, LLC from Craven County Superior Court, case number 18-CVS-01069. ( Filing fee $ 400 receipt number 0417-4648521) (Attachments: #1 Exhibit A - State Court Pleadings #2 Exhibit B Notice of Removal to State Court Clerk) (Banfield, Christina) Modified on 9/11/2018 to identify exhibits. (Collins, S.). |
| Filing 9 Financial Disclosure Statement by Graceland Properties, LLC (Banfield, Christina) |
| Filing 8 Notice of Appearance filed by Christina J. Banfield on behalf of Graceland Properties, LLC. (Banfield, Christina) |
| Filing 7 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiffs' counsel Daniel Adams and Craig D. Schauer of Brooks, Pierce, McLendon Humphrey & Leonard, LLP, P.O. Box 1800, Raleigh, NC 27602 and to Defendant's counsel Charles E. Simpson, Jr. of Harris, Creech, Ward, and Blackerby, P.A., at 325 Pollock Street,New Bern, NC 28563 mailed via US Mail on September 7, 2018. (Rudd, D.) |
| Filing 6 Financial Disclosure Statement by USA Service Finance, LLC (Wyatt, Scott) |
| Filing 5 Financial Disclosure Statement by Heartland Capital Investments, LLC (Wyatt, Scott) |
| Filing 4 Financial Disclosure Statement by Daniel T Burnett (Wyatt, Scott) |
| Filing 3 Financial Disclosure Statement by Christopher E Burnett (Wyatt, Scott) |
| Filing 2 Financial Disclosure Statement by CEB Investments, LLC (Wyatt, Scott) |
| Filing 1 NOTICE OF REMOVAL by Christopher E Burnett, CEB Investments, LLC, USA Service Finance, LLC, Heartland Capital Investments, LLC from Craven County Superior Court, case number 18 CVS 01069. ( Filing fee $ 400 receipt number 0417-4648185), filed by Christopher E Burnett, CEB Investments, LLC, USA Service Finance, LLC, Heartland Capital Investments, LLC. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice of Filing Removal, #3 Civil Cover Sheet) (Wyatt, Scott) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the civil cover sheet prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed at this time. (Rudd, D.) |
| Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| NOTICE OF CORRECTION regarding: Notice of Deficiency Failure to File Financial Disclosure. *Financial Disclosure Statements were previously filed for Defendants' Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Christopher E Burnett, Daniel T Burnett, CEB Investments, LLC, Heartland Capital Investments, LLC, USA Service Finance, LLC. 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.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
