KFC Corporation v. Westcott et al
| KFC Corporation |
| William T. Westcott, III, Donna Westcott Savage, Wesco Foods, Inc., James E. Westcott and Matthew S. Westcott |
| 5:2020cv00007 |
| January 6, 2020 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on February 25, 2020. A more recent docket listing may be available from PACER.
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Filing 35
ORDER granting #31 Motion to Substitute Attorney. Attorney Andrew T. Hagerman terminated. Signed by Chief Judge Terrence W. Boyle on 2/24/2020. (Stouch, L.)
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Filing 34
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 2/20/2020. (Stouch, L.)
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| Filing 33 ANSWER to #1 Complaint, with Jury Demand by James E. Westcott, Matthew S. Westcott. (Davis, Garrett) |
| Motion Submitted to Chief Judge Terrence W. Boyle regarding #31 MOTION to Substitute Attorney Garrett Davis. (Stouch, L.) |
| Filing 32 Proposed Order regarding #31 MOTION to Substitute Attorney Garrett Davis filed by James E. Westcott, Matthew S. Westcott. (Davis, Garrett) |
| NOTICE TO COUNSEL regarding #31 Motion to Substitute Attorney. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Stouch, L.) |
| Filing 31 MOTION to Substitute Attorney Garrett Davis filed by James E. Westcott, Matthew S. Westcott. (Davis, Garrett) |
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Filing 30
ORDER granting #29 Motion for Extension of Time to Answer regarding #1 Complaint. James E. Westcott answer due 2/20/2020; Matthew S. Westcott answer due 2/20/2020. Signed by Peter A. Moore, Jr., Clerk of Court on 1/21/2020. (Stouch, L.)
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #29 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint or Otherwise Plead. (Stouch, L.) |
| Filing 29 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint,,,, or Otherwise Plead filed by James E. Westcott, Matthew S. Westcott. (Attachments: #1 Text of Proposed Order) (Davis, Garrett) |
| Filing 28 Financial Disclosure Statement by James E. Westcott (Davis, Garrett) |
| Filing 27 Financial Disclosure Statement by Matthew S. Westcott (Davis, Garrett) |
| Filing 26 Notice of Appearance filed by Garrett L. Davis on behalf of James E. Westcott, Matthew S. Westcott. (Davis, Garrett) |
| Filing 25 Notice of Appearance filed by Stephanie Gaston Poley on behalf of KFC Corporation. (Poley, Stephanie) |
| Filing 24 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 23 Case transferred in from District of Kentucky Western. Case Number 3:19-cv-00168. Transfer order and docket sheet obtained from transferring district. |
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Filing 22
AGREED ORDER RESOLVING PENDING MOTIONS Signed by Judge Rebecca Grady Jennings on 1/6/2020: Individual Defendants' Motion to Set Aside Entry of Default #13 is GRANTED; Individual Defendants' Motion to Dismiss for Lack of Personal Jurisdiction #13 is DENIED AS Moot; Plaintiff's Cross Motion to Transfer Venue #19 to the Eastern District of North Carolina is GRANTED; The parties' Joint Motion Motion for Entry of Proposed Agreed Order Resolving Pending Motions #21 is GRANTED; Pursuant to 28 U.S.C 1404(a), the proceedings in this action are hereby TRANSFERRED to the United States District Court for the Eastern District of North Carolina. cc: Counsel (JM) [Transferred from Kentucky Western on 1/9/2020.]
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| Filing 21 Joint MOTION re #13 MOTION to Set Aside and to Dismiss for lack of personal jurisdiction, #19 MOTION to Transfer Case Cross Motion to Transfer Venue to North Carolina, #20 Reply to Response to Motion, #18 Response to Motion Motion for Entry of Proposed Agreed Order Resolving Pending Motions by Plaintiff KFC Corporation (Attachments: #1 Proposed Order) (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
| RESPONSE to Motion re #19 MOTION to Transfer Case Cross Motion to Transfer Venue to North Carolina filed by James E. Westcott, Matthew S. Westcott.---See DE 20 for PDF document. (ARM) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 20 REPLY to Response to Motion re #13 MOTION to Set Aside and to Dismiss for lack of personal jurisdiction, #19 MOTION to Transfer Case Cross Motion to Transfer Venue to North Carolina Reply and Response Brief filed by James E. Westcott, Matthew S. Westcott. (Attachments: #1 Exhibit Exhibit A Unpublished Cases) (Hagerman, Andrew) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 19 MOTION to Transfer Case Cross Motion to Transfer Venue to North Carolina by Plaintiff KFC Corporation (Attachments: #1 Proposed Order) (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 18 RESPONSE to Motion re #13 MOTION to Set Aside and to Dismiss for lack of personal jurisdiction, MOTION to Dismiss for Lack of Jurisdiction filed by KFC Corporation. (Attachments: #1 Proposed Order) (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
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Filing 17
AGREED ORDER FOR EXTENSION OF TIME by Judge Rebecca Grady Jennings on 11/12/2019. Plaintiff KFC Corporation shall have until and including 11/26/2019 to file its response to Defendant's Motion at DN #13 . Schedules re: #13 MOTION to Set Aside and to Dismiss for lack of personal jurisdiction, MOTION to Dismiss for Lack of Jurisdiction: Responses due by 11/26/2019. cc: Counsel (RLJ) [Transferred from Kentucky Western on 1/9/2020.]
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ORDER Signed by Judge Rebecca Grady Jennings on 11/12/2019 granting #16 Proposed Agreed Order. See DN #16 for PDF. (RLJ) [Transferred from Kentucky Western on 1/9/2020.]
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| Filing 16 Proposed Agreed Order for Extension of Time by KFC Corporation by KFC Corporation. (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 15 Mail Returned as Undeliverable re DN #12 . Mail sent to Matthew S. Westcott. (RLJ) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 14 Mail Returned as Undeliverable re #12 . Mail sent to William T. Westcott (JM) [Transferred from Kentucky Western on 1/9/2020.] |
| MOTION to Dismiss for Lack of Jurisdiction by Defendants James E. Westcott, Matthew S. Westcott. See DN #13 for PDF. (RLJ) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 13 MOTION to Set Aside and to Dismiss for lack of personal jurisdiction by Defendants James E. Westcott, Matthew S. Westcott (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Set Aside and Dismiss, #2 Proposed Order Proposed Order Setting Aside Default and Dismissing) (Hagerman, Andrew) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 12 Clerk's ENTRY OF DEFAULT as to Donna Westcott Savage, Wesco Foods, Inc., James E. Westcott, Matthew S. Westcott, William T. Westcott, III. cc: counsel, dfts (JM) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 11 MOTION for Entry of Default by Plaintiff KFC Corporation (Attachments: #1 Exhibit A - Affidavit of Marisa E. Main, #2 Proposed Order Entry of Default) (Main, Marisa) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 10 SUMMONS Returned Executed by KFC Corporation. William T. Westcott, III served on 6/15/2019, answer due 7/8/2019. (Attachments: #1 Exhibit A - Affidavit of Service) (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
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Filing 9
ORDER GRANTING MOTION FOR EXTENSION OF TIME TO COMPLETE SERVICE Signed by Judge Rebecca Grady Jennings on 6/7/2019, granting #8 . cc: Counsel (KD) [Transferred from Kentucky Western on 1/9/2020.]
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| Filing 8 MOTION for Extension of Time to Complete Service by Plaintiff KFC Corporation (Attachments: #1 Memorandum in Support, #2 Proposed Order) (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 7 SUMMONS Returned Executed by KFC Corporation. Wesco Foods, Inc. served on 6/3/2019, answer due 6/24/2019. (Attachments: #1 Exhibit A - Proof of Service) (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 6 SUMMONS Returned Executed by KFC Corporation. Matthew S. Westcott served on 4/23/2019, answer due 5/14/2019. (Attachments: #1 Exhibit A - Proof of Service) (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 5 NOTICE by KFC Corporation re #1 Complaint,,,, #4 Summons Issued, (Attachments: #1 Exhibit Green Card for James Westcoff returned 3-22-19, #2 Exhibit Green Card for Donna Westcott Savage returned 3-22-19) (Main, Marisa) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 4 Summons Issued as to All Defendants. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (Attachments: #1 Summons William T. Wescott III, #2 Summons Matthew S. Westcott, #3 Summons Donna Westcott Savage, #4 Summons Wesco Foods, Inc.). (RLJ) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 3 Corporate Disclosure Statement identifying Corporate Parent Yum! Brands, Inc., Corporate Parent KFC Holding Co. for KFC Corporation. by KFC Corporation. (McKenna, Sarah) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 2 Case Assignment (Random Selection): Case Assigned to Judge Rebecca Grady Jennings. (RLJ) [Transferred from Kentucky Western on 1/9/2020.] |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400, receipt number 0644-2821133), filed by KFC Corporation. (Attachments: #1 Cover Sheet, #2 Exhibit Franchise Agreement (L690009), #3 Exhibit - Franchise Agreement (L690010), #4 Exhibit C - Franchise Agreement (L690011), #5 Exhibit D - Franchise Agreement (L690012), #6 Exhibit E - Franchise Agreement (L690013), #7 Exhibit F - Assignment of Franchise, #8 Exhibit G - Transfer Agreement, #9 Exhibit H - Advertising Agreement (Wesco Foods SC Outlets), #10 Exhibit I - Control Person Addendum (L690009,10,11,12,13), #11 Exhibit J - Guaranty (L690009), #12 Exhibit K - Guaranty (L690010), #13 Exhibit L - Guaranty (L690011), #14 Exhibit M - Guaranty (L690012), #15 Exhibit N - Guaranty (L690013), #16 Exhibit O - 11-29-16 Ltr to Westcott - DEMAND FOR PAYMENT CLOSED STORES, #17 Exhibit P - Demand ltr to James Westcott 6-12-18, #18 Exhibit Q - Demand ltr to Donna Savage 6-12-18, #19 Exhibit R - Demand ltr to Matthew Westcott 6-12-18, #20 Exhibit S - Demand ltr to Wm Westcott 6-12-18). (RLJ) [Transferred from Kentucky Western on 1/9/2020.] |
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