U.S. Tobacco Cooperative Inc. et al v. Big South Wholesale of Virginia, LLC d/b/a Big Sky International et al
| U.S. Tobacco Cooperative Inc., U.S. Flue-Cured Tobacco Growers, Inc. and Big South Distribution, LLC |
| 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 |
| 5:2013cv00527 |
| July 23, 2013 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| WAKE |
| James C. Fox |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1962 Racketeering (RICO) Act |
| Both |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
Filing
577
ORDER denying 541 Motion to Compel. Signed by Senior Judge James C. Fox on 8/22/2016. (Grady, B.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
Filing
435
ORDER denying 424 PROPOSED Sealed Motion. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/31/2016. (Grady, B.)
|
|
Filing
423
ORDER granting 421 Motion to Seal. Signed by Magistrate Judge Robert B. Jones, Jr. on 5/3/2016. (Grady, B.)
|
|
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.)
|
|
Filing
398
ORDER granting 385 Motion to Seal. Signed by Magistrate Judge Robert B. Jones, Jr. on 3/7/2016. (Grady, B.)
|
|
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.)
|
|
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.)
|
|
Filing
376
ORDER granting 368 Motion to Seal. Signed by Senior Judge James C. Fox on 10/20/2015. (Grady, B.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
Filing
224
ORDER granting 216 Consent Motion to Seal. Signed by Senior Judge James C. Fox on 10/21/2014. (Grady, B.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
|
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.)
|
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.
