Wilson v. Willow Heart, LLC et al
Plaintiff: Christopher Wilson
Defendant: Willow Heart, LLC, Edward J. McDonald and Sean Provencher
Case Number: 5:2019cv00020
Filed: January 22, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2019 Opinion or Order Filing 17 ORDER finding as moot #11 Motion to Dismiss for Failure to State a Claim; granting #16 Motion for Leave to File Amended Motion to Dismiss. Defendants have fourteen days from the date of entry of this Order to file an amended motion to dismiss and memorandum in support. Signed by District Judge Louise Wood Flanagan on 3/22/2019. (Collins, S.)
March 21, 2019 Filing 16 MOTION for Leave to File Amended Motion to Dismiss filed by Edward J. McDonald, Sean Provencher, Willow Heart, LLC. (Attachments: #1 Text of Proposed Order) (Dalton, Kevin)
March 21, 2019 Motion Submitted to District Judge Louise Wood Flanagan regarding #16 MOTION for Leave to File Amended Motion to Dismiss. (Collins, S.)
March 20, 2019 Opinion or Order Filing 15 ORDER granting #14 Motion to Withdraw as Attorney. Attorney Kathryn F. Abernethy terminated. Signed by District Judge Louise Wood Flanagan on 3/20/2019. (Collins, S.)
March 15, 2019 Filing 14 MOTION to Withdraw as Attorney filed by Edward J. McDonald, Sean Provencher, Willow Heart, LLC. (Attachments: #1 Text of Proposed Order) (Abernethy, Kathryn)
March 14, 2019 Filing 13 Notice of Appearance filed by Kevin J. Dalton on behalf of Edward J. McDonald, Sean Provencher, Willow Heart, LLC. (Dalton, Kevin)
March 14, 2019 Opinion or Order TEXT ORDER - Where defendants have filed a motion 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 motion 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' motion. Signed by District Judge Louise Wood Flanagan on 3/14/2019. (Collins, S.)
February 28, 2019 Filing 12 Memorandum in Support regarding #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Edward J. McDonald, Sean Provencher, Willow Heart, LLC. (Attachments: #1 Exhibit A) (Abernethy, Kathryn)
February 28, 2019 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Edward J. McDonald, Sean Provencher, Willow Heart, LLC. (Attachments: #1 Text of Proposed Order) (Abernethy, Kathryn)
February 13, 2019 Filing 10 Financial Disclosure Statement by Christopher Wilson (Austin, John)
February 12, 2019 Filing 9 Notice of Appearance filed by John S. Austin on behalf of All Plaintiffs. (Austin, John)
January 29, 2019 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to Answer regarding #1 Notice of Removal. Edward J. McDonald, Sean Provencher, and Willow Heart, LLC answer due 2/28/2019. Signed by Peter A. Moore, Jr., Clerk of Court on 1/29/2019. (Collins, S.)
January 29, 2019 Filing 7 Consent MOTION for Extension of Time to File Answer filed by Edward J. McDonald, Sean Provencher, Willow Heart, LLC. (Attachments: #1 Text of Proposed Order) (Abernethy, Kathryn)
January 29, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #7 Consent MOTION for Extension of Time to File Answer. (Collins, S.)
January 23, 2019 Filing 6 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's counsel John S. Austin of Austin Law Firm, PLLC, P. O. Box 30, Raleigh, NC 27602 mailed via US Mail on January 23, 2019. (Rudd, D.)
January 22, 2019 Filing 5 Financial Disclosure Statement by Willow Heart, LLC (Abernethy, Kathryn)
January 22, 2019 Filing 4 Financial Disclosure Statement by Edward J. McDonald (Abernethy, Kathryn)
January 22, 2019 Filing 3 Financial Disclosure Statement by Sean Provencher (Abernethy, Kathryn)
January 22, 2019 Filing 2 Notice of Appearance filed by Kathryn F. Abernethy on behalf of All Defendants. (Abernethy, Kathryn)
January 22, 2019 Filing 1 NOTICE OF REMOVAL by All Defendants from Superior Court for the County of Cumberland NC, case number 18CVS8070. ( Filing fee $ 400 receipt number 0417-4799239), filed by All Defendants. (Attachments: #1 Supplement Removal Cover Sheet, #2 Civil Cover Sheet, #3 Exhibit State Court Complaint, #4 Exhibit Summons, #5 Exhibit Summons, #6 Exhibit Summons, #7 Exhibit State Court Notice of Removal) (Abernethy, Kathryn)

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Plaintiff: Christopher Wilson
Represented By: John S. Austin
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Defendant: Willow Heart, LLC
Represented By: Kathryn F. Abernethy
Represented By: Kevin J. Dalton
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Defendant: Edward J. McDonald
Represented By: Kathryn F. Abernethy
Represented By: Kevin J. Dalton
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Defendant: Sean Provencher
Represented By: Kathryn F. Abernethy
Represented By: Kevin J. Dalton
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