BMO Harris Bank N.A. v. Cape Fear Commercial Service, Inc. et al
Plaintiff: BMO Harris Bank N.A.
Defendant: Carolyn Moreau, Cape Fear Commercial Service, Inc., Robert Moreau and Cape Fear Commercial Lawn Services, Inc.
Case Number: 5:2020cv00061
Filed: February 20, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 15, 2020 Opinion or Order Filing 14 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 4/15/2020. (Sellers, N.)
April 15, 2020 Filing 13 ANSWER to #1 Complaint by Cape Fear Commercial Lawn Services, Inc., Carolyn Moreau, Robert Moreau. (Mills, David)
April 15, 2020 Notice to Counsel regarding: #12 Response. The incorrect event was used to docket this document. Please re-file using the 'Answer' event found in the Answers to Complaints category. (Sellers, N.)
April 14, 2020 Filing 12 DISREGARD. Document re-filed using the correct event at #13 . RESPONSE regarding #1 Complaint filed by Cape Fear Commercial Lawn Services, Inc., Carolyn Moreau, Robert Moreau. (Mills, David) Modified on 4/15/2020 (Sellers, N.).
March 26, 2020 TEXT ORDER granting Defendants' unopposed Motion for Extension of Time #11 . For good cause shown, it is ordered that Defendants have up to and including April 16, 2020, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 3/26/2020. (Hockaday, A.)
March 26, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #11 MOTION for Extension of Time to File Answer. (Sellers, N.)
March 25, 2020 Filing 11 Amended MOTION for Extension of Time to File Answer to Complaint filed by Cape Fear Commercial Lawn Services, Inc., Carolyn Moreau, Robert Moreau. (Mills, David) Modified on 3/26/2020 - changed type of motion used and docket text to reflect document filed. (Sellers, N.)
March 25, 2020 Filing 10 Notice of Appearance filed by David F. Mills on behalf of Cape Fear Commercial Lawn Services, Inc., Carolyn Moreau, Robert Moreau. (Mills, David)
March 23, 2020 Notice to Counsel regarding: #9 Motion for Extension of Time to File Answer. Pursuant to Local Civil Rule 6.1, all motions for an extension of time must show prior consultation with opposing counsel and the view of opposing counsel. Defendant did not provide this necessary information in the motion filed. Please consult with opposing counsel and re-file the motion with this information included. In addition, all counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Sellers, N.)
March 23, 2020 Filing 9 DISREGARD. Amended and re-filed at #11 . MOTION for Extension of Time to File Answer to Complaint filed by Cape Fear Commercial Lawn Services, Inc.. (Mills, David) Modified on 3/26/2020 (Sellers, N.).
March 11, 2020 Filing 8 Affidavit of Service for Summons and Complaint filed by BMO Harris Bank N.A. served on Robert Moreau on 03/06/2020. (Attachments: #1 Exhibit Certified Mail Return) (Suh, Sharon)
March 10, 2020 Filing 7 Affidavit of Service for Summons and Complaint filed by BMO Harris Bank N.A. served on Carolyn Moreau on 03/02/2020. (Attachments: #1 Exhibit Certified Mail Return) (Suh, Sharon)
March 10, 2020 Filing 6 Affidavit of Service for Summons and Complaint filed by BMO Harris Bank N.A. served on Cape Fear Commercial Lawn Service, Inc. on 03/02/2020. (Attachments: #1 Exhibit Certified Mail Return) (Suh, Sharon)
March 3, 2020 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. (Sellers, N.)
February 24, 2020 Filing 5 Disregard. Document inadvertently filed in the wrong case. Letter from Daniel J. Willis regarding status. (Attachments: #1 Envelope) (Rudd, D.) Modified on 2/24/2020 (Sellers, N.).
February 24, 2020 Filing 4 Summons Issued as to Cape Fear Commercial Lawn Services, Inc., Carolyn Moreau, Robert Moreau. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
February 24, 2020 Notice to Counsel - Counsel did not properly identify attachments pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. Attachments must be clearly labeled (i.e., "Exhibit A" is not a sufficient description). No further action is required. (Rudd, D.)
February 20, 2020 Filing 3 Financial Disclosure Statement by BMO Harris Bank N.A. identifying Corporate Parent BMO Financial Corp, Corporate Parent Bank of Montreal for BMO Harris Bank N.A.. (Suh, Sharon)
February 20, 2020 Filing 2 Notice of Appearance filed by Sharon Suh on behalf of BMO Harris Bank N.A.. (Suh, Sharon)
February 20, 2020 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5323475.), filed by BMO Harris Bank N.A.. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A- Loan and Security Agreement dated March 25, 2016 by and between GE Capital Commercial Inc. and Cape Fear Commercial Lawn Service, Inc., #3 Exhibit B- Loan and Security Agreement dated June 24, 2016 by and between BMO Harris Bank N.A. and Cape Fear Commercial Lawn Service, Inc., #4 Exhibit C- Loan and Security Agreement dated June 30, 2016 by and between BMO Harris Bank N.A. and Cape Fear Commercial Lawn Service, Inc., #5 Exhibit D- Continuing Guaranty dated March 25, 2015 signed by Carolyn Moreau; Continuing Guaranty dated June 24, 2016 signed by Robert Moreau; Continuing Guaranty dated June 30, 2016 signed by Robert Moreau, #6 Exhibit E- Transfer Acknowledgment dated January 26, 2017, #7 Exhibit F- Order Dismissing Case dated May 29, 2019 entered by the United States Bankruptcy Court, #8 Civil Cover Sheet Civil Cover sheet, #9 Proposed Summons, #10 Proposed Summons, #11 Proposed Summons) (Suh, Sharon) Modified on 2/24/2020 to describe exhibits. (Rudd, D.)

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Defendant: Carolyn Moreau
Represented By: David F. Mills
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Defendant: Cape Fear Commercial Service, Inc.
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Defendant: Robert Moreau
Represented By: David F. Mills
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Defendant: Cape Fear Commercial Lawn Services, Inc.
Represented By: David F. Mills
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Plaintiff: BMO Harris Bank N.A.
Represented By: Sharon Suh
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