U.S. Tobacco Cooperative Inc. et al v. Big South Wholesale of Virginia, LLC d/b/a Big Sky International et al
Plaintiff: U.S. Tobacco Cooperative Inc., U.S. Flue-Cured Tobacco Growers, Inc. and Big South Distribution, LLC
Defendant: Big South Wholesale of Virginia, LLC d/b/a Big Sky International, Big South Wholesale, LLC, Universal Services First Consulting, a/k/a Universal Services Consulting Group, Jason Carpenter, Christopher Small and Emory Stephen Daniel
Case Number: 5:2013cv00527
Filed: July 23, 2013
Court: US District Court for the Eastern District of North Carolina
Office: Western Division Office
County: WAKE
Presiding Judge: James C. Fox
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18:1962 Racketeering (RICO) Act
Jury Demanded By: Both

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 19, 2019 Opinion or Order Filing 1153 ORDER - The United States is DISMISSED as a defendant and the claims against it are dismissed without prejudice; the United States' motion to dismiss or in the alternative for judgment on the pleadings [DE 1122] is DENIED AS MOOT; Johnson's motion for summary judgment [DE 1130] is GRANTED; Daniel's motion for summary judgment [DE 1132] is GRANTED; plaintiffs' motion for partial summary judgment [DE 1134] is GRANTED IN PART and DENIED IN PART; and the Big Sky defendants' motion for summary judgment [DE 1137] is GRANTED. Plaintiffs' motion for leave to file surreply [DE 1139] is GRANTED; the motion for leave to file a consolidated opposition and to exceed page limit [DE 1141] is GRANTED; and the consent motion f or leave to file excess pages [DE 1147] is GRANTED. Counts four, five, six, seven, eight, nine, and seventeen of the second amended complaint against the United States are dismissed without prejudice. Summary judgment on all claims against the B ig Sky defendants, Daniel, and Johnson is entered in favor of the moving defendants. Plaintiffs are entitled to summary judgment in their favor on the Big Sky defendants' fourth and sixth counterclaims. Daniel and Johnson are entitled to summa ry judgment in their favor on their counterclaims for indemnification. As the Big Sky defendants' first, second, third, and fifth counterclaims remain for adjudication, the clerk is DIRECTED to refer this matter to the appropriate United Stat es Magistrate Judge for pretrial conference. Daniel and Johnson shall submit affidavits of attorney fees and costs within twenty-one, days of the date of entry of this order. Signed by Chief US District Judge Terrence W. Boyle on 2/19/2019. (Stouch, L.)
September 27, 2018 Opinion or Order Filing 1121 ORDER denying without prejudice 439 Motion for Partial Summary Judgment, 442 Motion for Summary Judgment, 450 Motion for Summary Judgment, and denying 456 PROPOSED Sealed Motion; and allowing 1095 Motion to Unseal Document, 1106 Motion to Seal, and 1112 Motion to Seal Document. Signed by US District Judge Terrence W. Boyle on 9/26/2018. (Stouch, L.)
September 25, 2017 Opinion or Order Filing 1113 ORDER STAYING CASE pending resolution of appeal. The parties shall jointly notify this Court within ten (10) days of the filing of the Fourth Circuit's mandate of the posture of the case and the issues which remain for adjudication. Signed by US District Judge Terrence W. Boyle on 9/25/2017. (Stouch, L.)
August 18, 2017 Opinion or Order Filing 1097 ORDER denying 666 Motion to Seal; denying 675 Motion to Seal Document ; denying 685 Motion to Seal; denying 711 Motion to Seal; denying 725 Motion to Seal; denying 743 Motion to Seal; denying 765 Motion to Seal Document; denying 794 Motion to Seal; granting 824 Motion To Modify The Amended Protective Order; granting 839 Motion to Seal; and granting 1092 Motion to Seal. Signed by US District Judge Terrence W. Boyle on 8/17/2017. (Stouch, L.)
August 16, 2017 Opinion or Order Filing 1096 ORDER granting 825 Motion for Reconsideration and denying as moot as moot 703 PROPOSED Sealed Motion to Dismiss or, in the Alternative, For Judgment on the Pleadings for Counts Four through Nine and Seventeen. Signed by US District Judge Terrence W. Boyle on 8/14/2017. Counsel is reminded to read the order in its entirety for important deadlines. (Stouch, L.)
May 19, 2017 Opinion or Order Filing 810 ORDER granting 757 PROPOSED Sealed Motion; denying 763 Motion for Reconsideration; and denying 784 PROPOSED Sealed Motion. Signed by US District Judge Terrence W. Boyle on 5/19/2017. Counsel is reminded to read the order in its entirety for important deadlines and information. (Stouch, L.)
March 6, 2017 Opinion or Order Filing 741 ORDER regarding 734 Ex Parte Motion - The court declines to consider this matter ex parte. Accordingly, the motion at docket entry 734 is DENIED without prejudice, and the movant need not serve the motion or accompanying documents on the parties. The Clerk of Court is DIRECTED to strike from the record the following documents related to the ex parte motion: the documents at docket entries 732, 734, 735, 737, and740. The accompanying motions to seal [DE-733, -738] are ALLOWED. The Clerk of Court is DIRECTED to maintain the stricken docket entries under seal. This seal will remain in place until further notice by the court, notwithstanding any previously entered unsealing orders in this case. Signed by Senior Judge James C. Fox on 3/6/2017. (Grady, B.)
January 13, 2017 Opinion or Order Filing 697 ORDER granting in part 696 Motion for Access to January 10, 2017 Docket Entries. The parties in this case are DIRECTED to provide access to docket entry 691 and all associated briefing to Mr. Apuzzo via CM/ECF so that Mr. Apuzzo may respond to the Government's motion according to the deadlines set out in the court's order at docket entry 695 and its text order dated January 13, 2017. Signed by Senior Judge James C. Fox on 1/13/2017. (Grady, B.)
December 28, 2016 Opinion or Order Filing 683 ORDER granting in part 531 Motion To Remove Confidentiality Designation, Or In The Alternative, To Modify Protective Order Governing Discovery And Production Of Confidential Information. The confidentiality designation placed by Defendant Johnson on the Anderson Brothers Bank records is hereby LIFTED.Signed by Senior Judge James C. Fox on 12/28/2016. (Grady, B.)
December 14, 2016 Opinion or Order Filing 663 ORDER granting 656 Emergency Motion to ENFORCE STAY. Defendants Big Sky's Reply to their Motion for Summary Judgment, and all attachments or exhibits thereto, as well as their brief in support of this Emergency Motion, shall be filed under sea l and remain under seal until 1/23/2017 or until otherwise ordered; and until 1/23/2017, all parties shall file under seal any document containing any reference to the subjects listed in the Conclusion to the Big Sky Defendants' Memorandum of Law in Support of its Emergency Motion to Enforce Stay. Signed by Senior Judge James C. Fox on 12/14/2016. (Grady, B.)
August 23, 2016 Opinion or Order Filing 589 ORDER granting 565 Motion to Seal Case for August 24, 2016 Evidentiary Hearing . Only the parties, their counsel, counsel for the government, and court staff will be allowed in the courtroom during the proceeding. Non-party witnesses may be present in the courtroom only during their own testimony. Counsel for each party and counsel for the government are DIRECTED to submit to the court via CM/ECF a list of individuals anticipated to attend the evidentiary hearing no later than 11:59 p.m. on August 23, 2016. Signed by Senior Judge James C. Fox on 8/23/2016. (Grady, B.)
August 22, 2016 Opinion or Order Filing 577 ORDER denying 541 Motion to Compel. Signed by Senior Judge James C. Fox on 8/22/2016. (Grady, B.)
July 27, 2016 Opinion or Order Filing 530 ORDER granting 525 Motion to Seal 456 PROPOSED SEALED MOTION. Signed by Senior Judge James C. Fox on 7/27/2016. (Grady, B.)
July 26, 2016 Opinion or Order Filing 529 ORDER granting 430 Motion to Seal the proposed order attached to 429 MOTION to Seal. Signed by Magistrate Judge Robert B. Jones, Jr. on 7/26/2016. (Grady, B.)
July 15, 2016 Opinion or Order Filing 519 ORDER granting 470 Motion to Seal 467 PROPOSED SEALED Motion and 468 and 469 PROPOSED SEALED Mermoranda in Support. Signed by Senior Judge James C. Fox on 7/15/2016. (Grady, B.)
June 29, 2016 Opinion or Order Filing 493 ORDER granting 486 Motion to Seal - 448 PROPOSED SEALED MOTION, 449 and 454 PROPOSED SEALED Memoranda in Support shall be filed under seal and remain under seal permanently or until otherwise ordered. Local Civil Rule 79.2 (b)(l) provides th at motions to seal shall be public documents. The Clerk of Court is DIRECTED to lift the provisional seal on the Original Motion to Seal Petition to Substitute [DE 452] and the Amended Motion to Seal [DE 486]. Signed by Senior Judge James C. Fox on 6/29/2016. (Grady, B.)
June 23, 2016 Opinion or Order Filing 485 ORDER granting 441 Motion to Seal. The Clerk of Court is DIRECTED to maintain under seal 438 , 440 Memoranda in Support and 436 , 437 PROPOSED SEALED Documents. Signed by Senior Judge James C. Fox on 6/23/2016. (Grady, B.)
June 1, 2016 Opinion or Order Filing 435 ORDER denying 424 PROPOSED Sealed Motion. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/31/2016. (Grady, B.)
May 3, 2016 Opinion or Order Filing 423 ORDER granting 421 Motion to Seal. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/3/2016. (Grady, B.)
April 22, 2016 Opinion or Order Filing 417 ORDER granting 403 Motion to Seal 402 PROPOSED SEALED MOTION, 404 PROPOSED SEALED Memorandum in Support and 409 PROPOSED SEALED Exhibit. Defendant Johnson shall file a publicly available, redacted version of Defendant Albert M. Johnson's Motion for Protective Order and accompanying exhibits. Signed by Magistrate Judge Robert B. Jones, Jr. on 4/22/2016. (Grady, B.)
March 7, 2016 Opinion or Order Filing 398 ORDER granting 385 Motion to Seal. Signed by Magistrate Judge Robert B. Jones, Jr. on 3/7/2016. (Grady, B.)
December 15, 2015 Opinion or Order Filing 391 ORDER granting 379 Motion to Seal regarding 377 Proposed Sealed Document and 378 Proposed Sealed Memorandum in Support. Signed by Senior Judge James C. Fox on 12/15/2015. (Grady, B.)
November 3, 2015 Opinion or Order Filing 386 ORDER granting 373 Motion to Seal 360 Transcript and 372 Memorandum in Support. Defendants' proposed redactions [DE-371] are PERMITTED. Signed by Senior Judge James C. Fox on 11/3/2015. Copy of order sent to court reporter and courtroom administrator via email. (Grady, B.)
October 20, 2015 Opinion or Order Filing 376 ORDER granting 368 Motion to Seal. Signed by Senior Judge James C. Fox on 10/20/2015. (Grady, B.)
September 17, 2015 Opinion or Order Filing 359 ORDER granting 337 Motion to Seal 335 and 336 SEALED Memoranda in Support. Signed by Magistrate Judge Robert B. Jones, Jr. on 9/17/2015. (Grady, B.)
September 8, 2015 Opinion or Order Filing 356 ORDER granting 352 Motion to Seal 349 PROPOSED SEALED Exhibit, 350 PROPOSED SEALED Memorandum in Support and 353 PROPOSED SEALED Memorandum in Support. Signed by Senior Judge James C. Fox on 9/8/2015. (Grady, B.)
August 26, 2015 Opinion or Order Filing 342 ORDER granting 317 Motion to Seal 315 PROPOSED SEALED Response and 316 PROPOSED SEALED Memorandum in Support. Signed by Senior Judge James C. Fox on 8/26/2015. (Grady, B.)
July 22, 2015 Opinion or Order Filing 320 ORDER granting 314 Motion to Seal 312 PROPOSED SEALED RESPONSE and 313 PROPOSED SEALED Memorandum in Support. Signed by Senior Judge James C. Fox on 7/22/2015. (Grady, B.)
May 7, 2015 Opinion or Order Filing 298 ORDER granting 289 Motion to Seal Document. Signed by Senior Judge James C. Fox on 5/7/2015. The parties are reminded to read the order in its entirety for detailed information. (Grady, B.)
April 2, 2015 Opinion or Order Filing 273 ORDER granting 270 Motion to Seal regarding 268 Motion for Extension of Time and 269 Memorandum in Support and granting 268 Motion for Extension of Time. The Clerk of Court is DIRECTED to file the redacted versions of the March 9, 2015, Order and the Motion to Partially Lift the Seal as publicly available documents. Signed by Senior Judge James C. Fox on 4/2/2015. Counsel is reminded to read the order in its entirety for detailed information. (Grady, B.)
February 2, 2015 Opinion or Order Filing 260 ORDER granting 257 Motion to Seal Document. Counsel is reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 2/2/2015. (Edwards, S.)
October 21, 2014 Opinion or Order Filing 224 ORDER granting 216 Consent Motion to Seal. Signed by Senior Judge James C. Fox on 10/21/2014. (Grady, B.)
September 30, 2014 Opinion or Order Filing 211 ORDER granting 183 , 198 , 202 and 206 Motions to Seal. Signed by Senior Judge James C. Fox on 9/30/2014. (Grady, B.)
May 19, 2014 Opinion or Order Filing 161 ORDER granting 137 Motion to Seal; granting 141 Motion to Seal; granting in part and denying in part 146 Motion to Seal Document; granting 150 Motion to Seal; granting 153 Motion to Seal; granting 156 Motion to Seal; granting 160 Motion to Seal. Counsel is reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 5/19/2014. (Edwards, S.)
April 18, 2014 Opinion or Order Filing 142 ORDER granting Motions to Seal 126 and 133 and Correction of Scheduling Order. The Clerk is directed the maintain the following documents under seal: 122 , 124 , 125 , 128 , 130 , 132 . The court hereby orders all dispositive motions be filed no later than 11/30/14. All other deadlines remain in effect. Signed by Senior Judge James C. Fox on 4/18/2014. (Foell, S.)
March 27, 2014 Opinion or Order Filing 107 ORDER granting 86 , 93 , 100 and 105 Motions to Seal. The parties are reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 3/27/2014. (Grady, B.)
January 31, 2014 Opinion or Order Filing 81 ORDER granting 78 Motion to Seal. The Clerk of Court Is DIRECTED tomaintain the following documents under SEAL: Memorandum in Support of Plaintiffs' Motion to Seal [DE-77] and Memorandum in Opposition to the Motion for Judgment on the Pleadings [DE-76]. Counsel is reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 1/31/2014. (Grady, B.)
January 24, 2014 Opinion or Order Filing 74 ORDER granting 62 Motion to Seal Document ; granting 65 Motion to Seal Document ; granting 70 Motion to Seal Document. Counsel is reminded to read the order in its entirety for detailed information. Signed by Senior Judge James C. Fox on 1/24/2014. (Edwards, S.)
November 21, 2013 Opinion or Order Filing 56 ORDER granting 27 PROPOSED Sealed Motion; granting 33 PROPOSED Sealed Motion; denying as moot 37 Motion for Judgment on the Pleadings; denying as moot 41 PROPOSED Sealed Motion; granting 50 Motion to Seal Document ; granting 51 Moti on for Leave to File; denying as moot 54 Motion to Seal; granting in part 15 Motion to Seal. It is FURTHER ORDERED that Plaintiffs, within two weeks of the filing date of this order, file: (1) a publicly-available copy of the Original Complaint with the redactions agreed uponat the hearing, and (2) file publicly-available copy of the Amended Complaint with redactions corresponding to those suggested by the court with regard to the Original Complaint. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by Senior Judge James C. Fox on 11/21/2013. (Edwards, S.)
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Search for this case: U.S. Tobacco Cooperative Inc. et al v. Big South Wholesale of Virginia, LLC d/b/a Big Sky International et al
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Plaintiff: U.S. Tobacco Cooperative Inc.
Represented By: Thomas A. Farr
Represented By: Michael Douglas McKnight
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Plaintiff: U.S. Flue-Cured Tobacco Growers, Inc.
Represented By: Thomas A. Farr
Represented By: Michael Douglas McKnight
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Plaintiff: Big South Distribution, LLC
Represented By: Thomas A. Farr
Represented By: Michael Douglas McKnight
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Defendant: Big South Wholesale of Virginia, LLC d/b/a Big Sky International
Represented By: Gary S. Parsons
Represented By: Gavin B. Parsons
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Defendant: Big South Wholesale, LLC
Represented By: Gary S. Parsons
Represented By: Gavin B. Parsons
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Defendant: Universal Services First Consulting, a/k/a Universal Services Consulting Group
Represented By: W. Sidney Aldridge
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Defendant: Jason Carpenter
Represented By: Gary S. Parsons
Represented By: Gavin B. Parsons
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Defendant: Christopher Small
Represented By: Gary S. Parsons
Represented By: Gavin B. Parsons
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Defendant: Emory Stephen Daniel
Represented By: W. Sidney Aldridge
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