Mann v. Target Corporation et al
Plaintiff: Martin R. Mann
Defendant: Target Corporation and Apple, Inc.
Case Number: 4:2023cv00018
Filed: February 9, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Referring Judge: Robert T Numbers
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Petition For Removal--Other Contract
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on April 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2023 Filing 27 MOTION in Opposition regarding #20 MOTION for Judgment on the Pleadings filed by Martin R. Mann. (Attachments: #1 Memorandum in Opposition, #2 Cover Letter, #3 Envelope) (*NOTE: This is a duplicate of DE #26 - The date stamped on the documents has been corrected to reflect the correct filing date of April 3, 2023.) (Lee, L.)
April 3, 2023 Filing 26 MOTION in Opposition regarding #20 MOTION for Judgment on the Pleadings filed by Martin R. Mann. (Attachments: #1 Memorandum in Opposition, #2 Cover Letter, #3 Envelope) (Stouch, L.)
March 22, 2023 Filing 25 REPLY to Response to Motion regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Target Corporation. (Moye, John)
March 22, 2023 Filing 24 RESPONSE in Opposition regarding #16 MOTION to Stay filed by Target Corporation. (Attachments: #1 Exhibit A (February 27, 2023 Email)) (Moye, John)
March 20, 2023 Filing 23 Memorandum in Opposition regarding #16 MOTION to Stay filed by Apple, Inc.. (Sbarra, Lucian)
March 20, 2023 Filing 22 Notice to Pro Se Party Regarding regarding #20 MOTION for Judgment on the Pleadings issued to Martin R. Mann. (Pro se party has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina.) (Stouch, L.)
March 16, 2023 Filing 21 Memorandum in Support regarding #20 MOTION for Judgment on the Pleadings filed by Apple, Inc.. (Attachments: #1 Exhibit A - Apple Gift Cards, #2 Exhibit B - Terms and Conditions) (Sbarra, Lucian)
March 16, 2023 Filing 20 MOTION for Judgment on the Pleadings filed by Apple, Inc.. (Sbarra, Lucian)
March 9, 2023 Filing 19 ANSWER to Complaint by Apple, Inc.. (Attachments: #1 Exhibit A - Copies of Gift Cards and Terms & Conditions) (Sbarra, Lucian)
March 8, 2023 Filing 18 Memorandum in Opposition regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Martin R. Mann. (Attachments: #1 Exhibit 1 - Target Gift Card) (Stouch, L.)
March 6, 2023 Notice of Pro Se E-Noticing - Pro se party Martin R. Mann has consented to receiving electronic service of all motions, notices, orders, and documents in civil cases in the Eastern District of North Carolina. All documents filed in CM-ECF will be served on this party via email pursuant to Rule 5 of the Federal Rules of Civil Procedure and Local Civil Rule 5.1. (Stouch, L.)
March 1, 2023 Filing 17 Memorandum in Support regarding #16 MOTION to Stay filed by Martin R. Mann. (Stouch, L.)
March 1, 2023 Filing 16 MOTION to Stay Proceedings filed by Martin R. Mann. (Attachments: #1 Proposed Order) (Stouch, L.)
March 1, 2023 Filing 15 Notice of Self-Representation filed by Martin R. Mann (Stouch, L.)
February 28, 2023 Filing 14 Notice of Special Appearance for non-district by Autumn Gear on behalf of Target Corporation. (Gear, Autumn)
February 23, 2023 Filing 13 Notice of Special Appearance for non-district by Brian Melendez on behalf of Target Corporation. (Melendez, Brian)
February 17, 2023 Filing 12 Rule 12 Letter Issued to Martin R. Mann as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 3/12/2023. Copy sent via US Mail to Martin R. Mann, 101 Cedar Street, Beaufort, NC 28516. (Stouch, L.)
February 16, 2023 Filing 11 Memorandum in Support regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Target Corporation. (Attachments: #1 Exhibit A (Back of Gift Card), #2 Exhibit B (Back of Carrier)) (Moye, John)
February 16, 2023 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Target Corporation. (Moye, John)
February 16, 2023 Opinion or Order Filing 9 ORDER granting #3 Motion for Extension of Time to Answer. Apple, Inc. answer due 3/9/2023. Signed by Peter A. Moore, Jr., Clerk of Court on 2/16/2023. Copy sent via US Mail to Martin R. Mann, 101 Cedar Street, Beaufort, NC 28516. (Stouch, L.)
February 16, 2023 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #3 Consent MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, to file Response to Plaintiff's Complaint. (Stouch, L.)
February 15, 2023 Filing 8 Notice filed by Target Corporation of Filing the Notice of Filing of a Notice of Removal. (Attachments: #1 Notice to Carteret County Superior Court) (Moye, John)
February 15, 2023 Filing 7 Financial Disclosure Statement by Target Corporation (Moye, John)
February 15, 2023 Filing 6 Notice of Appearance filed by John M. Moye on behalf of Target Corporation. (Moye, John)
February 15, 2023 Filing 5 Notice regarding #1 Notice of Removal, and requirement to file a Notice of Self-Representation and Financial Disclosure Statement along with a blank notice of self-representation and blank financial disclosure statement mailed via US Mail to Martin R. Mann at 101 Cedar Street, Beaufort, NC 28516 mailed on February 15, 2023. (Rudd, D.)
February 15, 2023 Notice to Counsel regarding: #4 Financial Disclosure Statement. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the financial disclosure statement) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
February 15, 2023 Notice to Counsel - Removal counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
February 15, 2023 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Target Corporation. 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.)
February 14, 2023 Filing 4 Financial Disclosure Statement by Apple, Inc. (Sbarra, Lucian) (Main Document 4 flattened and replaced on 3/8/2023) (Edwards, S.).
February 14, 2023 Filing 3 Consent MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, to file Response to Plaintiff's Complaint filed by Apple, Inc.. (Attachments: #1 Text of Proposed Order) (Sbarra, Lucian)
February 14, 2023 Filing 2 Notice of Appearance filed by Lucian P. Sbarra on behalf of Apple, Inc.. (Sbarra, Lucian)
February 9, 2023 Filing 1 NOTICE OF REMOVAL by Target Corporation from Carteret County Superior Court, case number 23-CVS-16. ( Filing fee $ 402 receipt number ANCEDC-6937487), filed by Target Corporation. (Attachments: #1 Exhibit A (Summons), #2 Errata B (Complaint), #3 Exhibit C (Apple, Inc.'s Motion for Extension of Time), #4 Civil Cover Sheet, #5 Supplemental Removal Cover Sheet, #6 Apple, Inc.'s Consent to Removal) (Moye, John)

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Plaintiff: Martin R. Mann
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Defendant: Target Corporation
Represented By: John M. Moye
Represented By: Brian Melendez
Represented By: Autumn C Gear
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Defendant: Apple, Inc.
Represented By: Lucian P. Sbarra
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