Rubin v. Town of Apex et al
| Beverly L. Rubin |
| Town of Apex, Bradley F. Zadell, Transom Row Properties II, LLC, Reliabuilt, LLC, Riley's Pond Developers, LLC and Parkside Builders, LLC |
| 5:2019cv00449 |
| October 11, 2019 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 32 MOTION to Defer Rule 26 Conference and Initial Disclosures and Incorporated Memorandum of Law filed by Town of Apex. (Attachments: #1 Text of Proposed Order) (Ferrell, David) |
| REMINDER TO COUNSEL. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.) |
| Filing 31 MOTION to Defer Rule 26 Conference and Initial Disclosures filed by Parkside Builders, LLC, Reliabuilt, LLC, Riley's Pond Developers, LLC, Transom Row Properties II, LLC, Bradley F. Zadell. (Attachments: #1 Text of Proposed Order) (Miskimon, Scott) |
| Filing 30 Memorandum in Support regarding #29 MOTION to Dismiss for Lack of Jurisdiction and alternatively MOTION to Stay regarding #1 Complaint,, filed by Town of Apex. (Attachments: #1 Exhibit 1-Original Condemnation Action, #2 Exhibit 2-Plaintiff 19 May 2015 Correspondence to Town, #3 Exhibit 3-Town and Plaintiff Correspondence May to June 2015, #4 Exhibit 4-Judgment in Original Condemnation Action, #5 Exhibit 5-Plaintiff Motion to Enforce Judgment alternative Petitioner for Writ of Mandamus, #6 Exhibit 6-Town Motion for Relief from Judgment, #7 Exhibit 7-Notice of Hearing 15 CVS 5836, #8 Exhibit 8-Town Declaratory Judgment Inverse Condemnation Complaint 13 May 2019 19 CVS 6295, #9 Exhibit 9-Town Verified Motion for Preliminary Injunction in Inverse Condemnation Case 19 CVS 6295, #10 Exhibit 10-Town Amended Complaint Inverse Condemnation Action 19 CVS 6295, #11 Exhibit 11-Amended Notice of Hearing 19 CVS 6295) (Ferrell, David) |
| Filing 29 MOTION to Dismiss for Lack of Jurisdiction and alternatively, MOTION to Stay regarding #1 Complaint,, filed by Town of Apex. (Ferrell, David) |
| Filing 28 Memorandum in Support regarding #27 MOTION for Judgment on the Pleadings by Parkside Builders, LLC, Reliabuilt, LLC, Riley's Pond Developers, LLC, Transom Row Properties II, LLC, Bradley F. Zadell. (Miskimon, Scott) |
| Filing 27 MOTION for Judgment on the Pleadings filed by Parkside Builders, LLC, Reliabuilt, LLC, Riley's Pond Developers, LLC, Transom Row Properties II, LLC, Bradley F. Zadell. (Miskimon, Scott) |
| Filing 26 ANSWER to #1 Complaint,, with Jury Demand by Parkside Builders, LLC, Reliabuilt, LLC, Riley's Pond Developers, LLC, Transom Row Properties II, LLC, Bradley F. Zadell. (Attachments: #1 Exhibit Exh 1 - Unilateral Offer, #2 Exhibit Exh 2 - Letter to Ferrell, #3 Exhibit Exh 3 - Park Deed, #4 Exhibit Exh 4 - Evans Deed, #5 Exhibit Exh 5 - Parkside Deed, #6 Exhibit Exh 6 - Transom Deed, #7 Exhibit Exh 7 - Judgment, #8 Exhibit Exh 8 - Motion to Enforce, #9 Exhibit Exh 9 - Adams Deed, #10 Exhibit Exh 10 - Rubin Real Estate Data, #11 Exhibit Exh 11 - Map, #12 Exhibit Exh 12 - Agreement of Purchase, #13 Exhibit Exh 13 - Smith Real estate data) (Miskimon, Scott) |
Filing 25
ORDER granting #24 Motion for Extension of Time to Answer regarding #1 Complaint. Reliabuilt, LLC answer due 12/2/2019; Riley's Pond Developers, LLC answer due 12/2/2019. Signed by Peter A. Moore, Jr., Clerk of Court on 11/6/2019. (Stouch, L.)
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| Filing 24 MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Reliabuilt, LLC, Riley's Pond Developers, LLC. (Attachments: #1 Text of Proposed Order Proposed Order) (Miskimon, Scott) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #24 MOTION for Extension of Time to File Answer regarding #1 Complaint. (Stouch, L.) |
| Filing 23 Notice of Appearance filed by Michael W. Mitchell on behalf of Reliabuilt, LLC, Riley's Pond Developers, LLC. (Mitchell, Michael) |
| Filing 22 Financial Disclosure Statement by Riley's Pond Developers, LLC (Miskimon, Scott) |
| Filing 21 Financial Disclosure Statement by Reliabuilt, LLC (Miskimon, Scott) |
| Filing 20 Notice of Appearance filed by Scott A. Miskimon on behalf of Reliabuilt, LLC, Riley's Pond Developers, LLC. (Miskimon, Scott) |
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Filing 19
ORDER granting #10 Motion for Extension of Time to Answer regarding #1 Complaint. Town of Apex answer due 12/2/2019. Signed by Peter A. Moore, Jr., Clerk of Court on 11/1/2019. (Stouch, L.)
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Filing 18
ORDER granting #16 Motion for Extension of Time to Answer regarding #1 Complaint. Parkside Builders, LLC answer due 12/2/2019; Transom Row Properties II, LLC answer due 12/2/2019; Bradley F. Zadell answer due 12/2/2019. Signed by Peter A. Moore, Jr., Clerk of Court on 11/1/2019. (Stouch, L.)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #10 MOTION for Extension of Time to File Answer regarding #1 Complaint, #16 MOTION for Extension of Time to File Answer regarding #1 Complaint. (Stouch, L.) |
| Filing 17 Notice of Appearance filed by Michael W. Mitchell on behalf of Parkside Builders, LLC, Transom Row Properties II, LLC, Bradley F. Zadell. (Mitchell, Michael) |
| Filing 16 MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Parkside Builders, LLC, Transom Row Properties II, LLC, Bradley F. Zadell. (Attachments: #1 Text of Proposed Order Proposed Order) (Miskimon, Scott) |
| Filing 15 Financial Disclosure Statement by Transom Row Properties II, LLC (Miskimon, Scott) |
| Filing 14 Financial Disclosure Statement by Parkside Builders, LLC (Miskimon, Scott) |
| Filing 13 Financial Disclosure Statement by Bradley F. Zadell (Miskimon, Scott) |
| Filing 12 Notice of Appearance filed by Scott A. Miskimon on behalf of Parkside Builders, LLC, Transom Row Properties II, LLC, Bradley F. Zadell. (Miskimon, Scott) |
| Filing 11 Notice of Appearance filed by Norman W. Shearin on behalf of Town of Apex. (Shearin, Norman) |
| Filing 10 MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by Town of Apex. (Attachments: #1 Text of Proposed Order proposed order) (Ferrell, David) |
| Filing 9 Financial Disclosure Statement by Town of Apex (Ferrell, David) |
| Filing 8 Notice of Appearance filed by David P. Ferrell on behalf of Town of Apex. (Ferrell, David) |
| Filing 7 Declaration of Service by Beverly L. Rubin (Attachments: #1 Exhibit A - Proof of Service on Town of Apex, #2 Exhibit B - Proof of Service on Bradley F. Zadell, #3 Exhibit C - Proof of Service on Parkside Builders, LLC, #4 Exhibit D - Proof of Service on Transom Row Properties II, LLC, #5 Exhibit E - Proof of Service on Reliabuilt, LLC, #6 Exhibit F - Proof of Service on Riley's Pon Developers, LLC) (Shelton, Troy) |
| Filing 6 Financial Disclosure Statement by Beverly L. Rubin (Shelton, Troy) |
| Filing 5 Summons Issued as to Parkside Builders, LLC, Reliabuilt, LLC, Riley's Pond Developers, LLC, Town of Apex, Transom Row Properties II, LLC, Bradley F. Zadell. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Beverly L. Rubin. 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.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Stouch, L.) |
| Filing 4 Notice of Appearance filed by Kenneth C. Haywood on behalf of Beverly L. Rubin. (Haywood, Kenneth) |
| Filing 3 Notice of Appearance filed by Troy D. Shelton on behalf of Beverly L. Rubin. (Shelton, Troy) |
| Filing 2 Notice of Appearance filed by Matthew Nis Leerberg on behalf of Beverly L. Rubin. (Leerberg, Matthew) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5140986.), filed by Beverly L. Rubin. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Summons - Town of Apex, #3 Proposed Summons Summons - Bradley F. Zadell, #4 Proposed Summons Summons - Parkside Builders, LLC, #5 Proposed Summons Summons - Tronsom Row Properties II, LLC, #6 Proposed Summons Summons - Reliabuilt, LLC, #7 Proposed Summons Summons - Riley's Pond Developers, LLC) (Leerberg, Matthew) |
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