Estate of Zamarie Chance v. Fairfield Inn & Suites by Marriott et al
Plaintiff: Estate of Zamarie Chance
Defendant: Marriott International, Inc., Adam K. Collier, Newport Ramsey, LLC, MLP Manager, LLC, Newport Hospitality Group, Inc., Fairfield Inn & Suites by Marriott, ATC Manager, LLC and Fairfield Inn by Marriott Limited Partnership
Case Number: 5:2019cv00412
Filed: September 18, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Malcolm J Howard
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 5, 2019 Filing 41 RESPONSE in Opposition regarding #36 First MOTION to Remand filed by ATC Manager, LLC, Adam K. Collier, Fairfield Inn & Suites by Marriott, MLP Manager, LLC, Marriott International, Inc., Newport Hospitality Group, Inc., Newport Ramsey, LLC. (Attachments: #1 Text of Proposed Order) (Thompson, Samuel)
October 24, 2019 Opinion or Order Filing 40 ORDER granting #38 Motion for Extension of Time. The parties shall conduct the Rule 26(f) conference, as appropriate, and submit their Rule 26(f) report to the court within twenty-one days of the court's disposition of Plaintiff's motion to remand. Signed by Magistrate Judge Kimberly A. Swank on 10/23/2019. (Rudd, D.)
October 22, 2019 Filing 39 Notice of Appearance filed by Harold Lee Boughman, Jr on behalf of Estate of Zamarie Chance. (Boughman, Harold)
October 22, 2019 Filing 38 Joint MOTION for Extension of Time to Conduct Rule 26(f) Conference filed by ATC Manager, LLC, Adam K. Collier, Fairfield Inn & Suites by Marriott, MLP Manager, LLC, Marriott International, Inc., Newport Hospitality Group, Inc., Newport Ramsey, LLC. (Attachments: #1 Text of Proposed Order) (Thompson, Samuel)
October 22, 2019 Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #38 Joint MOTION for Extension of Time to Conduct Rule 26(f) Conference. (Lee, L.)
October 15, 2019 Filing 37 Memorandum in Support regarding #36 First MOTION to Remand filed by Estate of Zamarie Chance. (Schmidt, Kurt)
October 15, 2019 Filing 36 First MOTION to Remand filed by Estate of Zamarie Chance. (Schmidt, Kurt)
October 4, 2019 Filing 35 Notice of Appearance filed by Harold Boughman on behalf of Estate of Zamarie Chance. (Rudd, D.)
October 4, 2019 Opinion or Order Filing 34 ORDER granting #33 Motion for Leave to File Notice of Appearance in Paper Form. Signed by Peter A. Moore, Jr., Clerk of Court on 10/3/2019. (Rudd, D.)
October 4, 2019 Filing 33 MOTION for Leave to File to File Notice of Appearance in Paper Form filed by Estate of Zamarie Chance. (Attachments: #1 Text of Proposed Order, #2 Exhibit Notice of Appearance, #3 Cover Letter, #4 Envelope) (Rudd, D.)
October 4, 2019 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #33 MOTION for Leave to File in paper form. (Rudd, D.)
October 1, 2019 Filing 32 Financial Disclosure Statement by Estate of Zamarie Chance (Schmidt, Kurt)
October 1, 2019 Filing 31 Financial Disclosure Statement by Estate of Zamarie Chance (Schmidt, Kurt)
September 27, 2019 Filing 30 CORRECTED ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 9/27/2019. (Rudd, D.)
September 26, 2019 Filing 29 Joint MOTION for Extension of Time to Conduct Rule 26(f) Conference filed by ATC Manager, LLC, Adam K. Collier, Fairfield Inn & Suites by Marriott, MLP Manager, LLC, Marriott International, Inc., Newport Hospitality Group, Inc., Newport Ramsey, LLC. (Thompson, Samuel)
September 26, 2019 Opinion or Order Filing 28 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 9/26/2019. (Rudd, D.)
September 25, 2019 Filing 27 Memorandum in Support regarding #26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, alternatively, pursuant to Rule 12(b)(2), 12(b)(4) and 12(b)(5) filed by Fairfield Inn & Suites by Marriott. (Attachments: #1 Affidavit Of Adam K. Collier in Support of FISM Motion to Dismiss) (Thompson, Samuel)
September 25, 2019 Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and, alternatively, pursuant to Rule 12(b)(2), 12(b)(4) and 12(b)(5) filed by Fairfield Inn & Suites by Marriott. (Attachments: #1 Text of Proposed Order) (Thompson, Samuel)
September 25, 2019 Filing 25 ANSWER to Complaint by Newport Ramsey, LLC. (Thompson, Samuel)
September 25, 2019 Filing 24 ANSWER to Complaint by Newport Hospitality Group, Inc.. (Thompson, Samuel)
September 25, 2019 Filing 23 ANSWER to Complaint by Marriott International, Inc.. (Thompson, Samuel)
September 25, 2019 Filing 22 ANSWER to Complaint by MLP Manager, LLC. (Thompson, Samuel)
September 25, 2019 Filing 21 ANSWER to Complaint by ATC Manager, LLC. (Thompson, Samuel)
September 25, 2019 Filing 20 ANSWER to Complaint by Adam K. Collier. (Thompson, Samuel)
September 24, 2019 Filing 19 Notice of Appearance filed by Kurt D. Schmidt on behalf of Estate of Zamarie Chance. (Schmidt, Kurt)
September 19, 2019 Filing 18 Notice of Appearance filed by Rodney E. Pettey on behalf of ATC Manager, LLC, Adam K. Collier, Fairfield Inn & Suites by Marriott, MLP Manager, LLC, Marriott International, Inc., Newport Hospitality Group, Inc., Newport Ramsey, LLC. (Pettey, Rodney)
September 19, 2019 Filing 17 Financial Disclosure Statement by Newport Ramsey, LLC (Thompson, Samuel)
September 19, 2019 Filing 16 Financial Disclosure Statement by Newport Hospitality Group, Inc. (Thompson, Samuel)
September 19, 2019 Filing 15 Financial Disclosure Statement by MLP Manager, LLC (Thompson, Samuel)
September 19, 2019 Filing 14 Financial Disclosure Statement by Marriott International, Inc. (Thompson, Samuel)
September 19, 2019 Filing 13 Financial Disclosure Statement by Fairfield Inn & Suites by Marriott (Thompson, Samuel)
September 19, 2019 Filing 12 Financial Disclosure Statement by ATC Manager, LLC (Thompson, Samuel)
September 19, 2019 Filing 11 Financial Disclosure Statement by Adam K. Collier (Thompson, Samuel)
September 19, 2019 Filing 10 AMENDED DOCUMENT by ATC Manager, LLC, Adam K. Collier, Fairfield Inn & Suites by Marriott, MLP Manager, LLC, Marriott International, Inc., Newport Hospitality Group, Inc., Newport Ramsey, LLC. Amendment to #1 Notice of Removal,,,,, Amended Exhibit 12 (DE 1-12) (Thompson, Samuel)
September 18, 2019 Filing 9 Notice regarding #1 Notice of Removal requirement to make a Notice of Appearance sent to Plaintiff's Counsel Kurt D. Schmidt of Schmidt Law, PLLC at P.O. Box 8065, Wilson, NC 27896 and to Harold L. Boughman, Jr., of Adams, Burge & Boughman, PLLC at P.O. Box 190, Fayetteville, NC 28302-0190 mailed via US Mail on September 18, 2019. (Rudd, D.)
September 18, 2019 Filing 8 Notice of Appearance filed by Samuel G. Thompson, Jr on behalf of Adam K. Collier. (Thompson, Samuel)
September 18, 2019 Filing 7 Notice of Appearance filed by Samuel G. Thompson, Jr on behalf of ATC Manager, LLC. (Thompson, Samuel)
September 18, 2019 Filing 6 Notice of Appearance filed by Samuel G. Thompson, Jr on behalf of Fairfield Inn & Suites by Marriott. (Thompson, Samuel)
September 18, 2019 Filing 5 Notice of Appearance filed by Samuel G. Thompson, Jr on behalf of Marriott International, Inc.. (Thompson, Samuel)
September 18, 2019 Filing 4 Notice of Appearance filed by Samuel G. Thompson, Jr on behalf of MLP Manager, LLC. (Thompson, Samuel)
September 18, 2019 Filing 3 Notice of Appearance filed by Samuel G. Thompson, Jr on behalf of Newport Hospitality Group, Inc.. (Thompson, Samuel)
September 18, 2019 Filing 2 Notice of Appearance filed by Samuel G. Thompson, Jr on behalf of Newport Ramsey, LLC. (Thompson, Samuel)
September 18, 2019 Filing 1 NOTICE OF REMOVAL by MLP Manager, LLC, Newport Hospitality Group, Inc., Adam K. Collier, Fairfield Inn & Suites by Marriott, Marriott International, Inc., Newport Ramsey, LLC, ATC Manager, LLC from Cumberland County North Carolina Superior Court, case number 19-CVS-4910. ( Filing fee $ 400 receipt number 0417-5107757), filed by MLP Manager, LLC, Newport Hospitality Group, Inc., Adam K. Collier, Fairfield Inn & Suites by Marriott, Marriott International, Inc., Newport Ramsey, LLC, ATC Manager, LLC. (Attachments: #1 Exhibit State Court Complaint, #2 Exhibit State Court Summonses, #3 Exhibit State Court A&P and Aff of Service, #4 Exhibit N.C. Sec. of State Search Results, #5 Exhibit Declaration of Joshua M. David, #6 Exhibit Declaration of Michael L. Pleninger (NR), #7 Exhibit Declaration of Andrew T. Carey (ATC), #8 Exhibit Declaration of Michael L. Pleninger (MLP), #9 Exhibit Declaration of Michael L. Pleninger (NHG), #10 Exhibit Declaration of Bancroft S. Gordon (MII), #11 Exhibit Declaration of Adam K. Collier (Ind), #12 Exhibit Proposed Cumberland County Notice of Filing Notice of Removal, #13 Supplement Required Removal Cover Sheet, #14 Civil Cover Sheet Initial Filing - Notice of Removal from Cumberland County) (Thompson, Samuel) (Attachment 14 flattened and replaced on 9/19/2019) (Edwards, S.).
September 18, 2019 Notice to Counsel regarding: [1-14] Civil Cover Sheet. Counsel is reminded that the court prefers flattened pdf fillable forms. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed at this time. (Rudd, D.)
September 18, 2019 Notice to Counsel - All Counsel shall file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
September 18, 2019 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to ATC Manager, LLC, Adam K. Collier, Fairfield Inn & Suites by Marriott, MLP Manager, LLC, Marriott International, Inc., Newport Hospitality Group, Inc., Newport Ramsey, LLC. 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.)
September 18, 2019 NOTICE OF DEFICIENCY regarding [1-12] Notice of Filing Notice of Removal. Counsel's signature line does not comply with Section IV.D.1 of the CM/ECF Policies and Procedures Manual. The signature line should read "/s/Samuel G. Thompson, Jr.". Counsel is directed to refile. (Rudd, D.)

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Defendant: Marriott International, Inc.
Represented By: Samuel G. Thompson, Jr.
Represented By: Rodney E. Pettey
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Defendant: Adam K. Collier
Represented By: Samuel G. Thompson, Jr.
Represented By: Rodney E. Pettey
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Defendant: Newport Ramsey, LLC
Represented By: Samuel G. Thompson, Jr.
Represented By: Rodney E. Pettey
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Defendant: MLP Manager, LLC
Represented By: Samuel G. Thompson, Jr.
Represented By: Rodney E. Pettey
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Defendant: Newport Hospitality Group, Inc.
Represented By: Samuel G. Thompson, Jr.
Represented By: Rodney E. Pettey
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Defendant: Fairfield Inn & Suites by Marriott
Represented By: Samuel G. Thompson, Jr.
Represented By: Rodney E. Pettey
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Defendant: ATC Manager, LLC
Represented By: Samuel G. Thompson, Jr.
Represented By: Rodney E. Pettey
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Defendant: Fairfield Inn by Marriott Limited Partnership
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Plaintiff: Estate of Zamarie Chance
Represented By: Harold Boughman
Represented By: Kurt D. Schmidt
Represented By: Harold Lee Boughman, Jr.
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