Plaintiff Richard P. Nordan, as Ancillary Administrator for the separate Estates of Stephen S. Helvenston, Mike R. Teague, Jerko Gerald Zovko and Wesley J. K. Batalona, filed a wrongful death and fraudulent misrepresentation action against defendants Blackwater Security Consulting, LLC, Blackwater Lodge and Training Center, Inc., Justin L. McQuown and Thomas Powell. Plaintiff alleged that defendants Blackwater Security Consulting, LLC and Blackwater Lodge and Training Center, Inc. sent the decedents on a security mission without providing them with the protections, tools and information that defendants had represented would be provided to allow them to perform their job.
Richard P. Nordan, Estate of Stephen S. Helvenston, Estate of Mike R. Teague, Estate of Jerko Gerald Zovko and Estate of Wesley J.K. Batalona |
Blackwater Security Consulting, LLC, Blackwater Lodge & Training Center, Inc. and Justin L. McQuown |
5:2005cv00048 |
January 24, 2005 |
US District Court for the Eastern District of North Carolina |
Western Division Office |
WAKE |
Louise Wood Flanagan |
Labor: Other |
28 U.S.C. ยง 1441 Notice of Removal |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
45
ORDER of USCA on Bill of Costs. (Deputy Clerk - DR, ) Modified on 10/27/2006 (Deputy Clerk - DR, ).
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Filing
42
Published Opinion from Fourth Circuit Court of Appeals. APPEAL DISMISSED; PETITION FOR WRIT OF MANDAMUS DENIED; MOTION TO STRIKE DENIED AS MOOT. (Deputy Clerk - DR, )
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Filing 41 |
Filing 40 |
Filing
39
Order the court consolidates these cases for purposes of briefing and oral argument signed by Patricia S. Connor. (rp)
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Filing
38
Notice of appeal by Justin L. McQuown (rp)
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Filing
37
Notice of appeal by Blackwater Lodge & T, Blackwater Security (rp)
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Filing
36
Judgment for Estate of Batalona, Estate of Zovko, Estate of Teague, Estate of Helvenston, Richard P. Nordan against Justin L. McQuown, Blackwater Lodge & T, Blackwater Security IT IS ORDERED, ADJUDGED and DECREED that the court GRANTS plaintiff's motion to remand, pursuant to 28 U.S.C. 1447(c). Where the court lacks subject matter jurisdiction over this action, the court DENIES AS MOOT defendants' motions to dismiss brought under F.R.C.P. 12(b)(6) and 9(b). This case is hereby REMANDED to the Superior Court of Wake Co. The Clerk is DIRECTED to serve a copy of this order on the Clerk of Superior Court of Wake Co signed by Cheif Judge Louise W. Flanagan, USDJ. cys dist. (dr)
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Filing
34
Reply by Blackwater Security, Blackwater Lodge & Training to response to plf's objection to def's clarification of removal notice & objection to plf's argument on subsequent authority. (dr)
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Filing
33
Response by Richard P. Nordan in opposition to [32-1] Notice of Subsequently Decided Authority and Objection to Clarification of Removal Notice. 1c: Chief Judge Flanagan. (ll)
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Filing
32
Document filed by defendant Blackwater Security, defendant Blackwater Lodge & Training titled: Notice of Subsequently Decided Authority and Clarification of Removal Notice. 1c: to Chief Judge Flanagan (dr)
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Filing
31
Notice of voluntary dismissal. NOTICE IS HEREBY GIVEN that pursuant to F.R.C.P. 41(a)(1)(i), Plf voluntarily dismisses the above-captioned action against def. Thomas Powell *ONLY* without prejudice. (dr)
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Filing
30
Document filed by defendant Blackwater Security, defendant Blackwater Lodge & Training Center titled: Opposition to plf's objections to evidence on the motion to remand. (dr)
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Filing
29
Reply by Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona to response to [12-1] motion to remand. (dr)
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Filing
26
Reply by Justin L. McQuown to response to [8-1] motion to dismiss pursuant to Rule 12(b)(6) of the F.R.C.P. (dr)
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Filing
24
Declaration of David V. Jackson Re: [21-1] opposition memorandum. (dr)
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Filing
19
Memorandum by Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona in opposition to [8-1] motion to dismiss pursuant to Rule 12(b)(6) of the F.R.C.P. (dr)
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Filing
15
Notice of attorney appearance pursuant to Local Rule 83.1 for Richard P. Nordan, Estate of Helvenston, Estate of Teague, Estate of Zovko, Estate of Batalona by Daniel J. Callahan, Brian J. McCormack, and Marc P. Miles (dr)
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Filing
11
Response by Justin L. McQuown to [3-1] motion to dissolve ex parte state court orders permitting notice of deposition. 1c: to Cheif Judge Flanagan. (dr)
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Filing
9
Memorandum by Justin L. McQuown in support of [8-1] motion to dismiss pursuant to Rule 12(b)(6) of the F.R.C.P. (dr)
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Filing
6
Memorandum by Blackwater Security, Blackwater Lodge & T in support of [5-1] motion to dismiss to Rule 12(b)(6) & 9(b) of the F.R.C.P. w/attachments. (dr)
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Filing
4
Memorandum by Blackwater Security, Blackwater Lodge & T, Justin L. McQuown, Thomas Powell in support of [3-1] to dissolve ex parte state court orders permitting notice of deposition. (dr)
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Filing
2
Notice of attorney appearance for Blackwater Security, Blackwater Lodge & Training by Fred Fielding, Barbara Van Gelder, Margaret A. Ryan and Scott M. McCaleb of Washington, DC. (ll)
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