PEM Entities LLC v. County of Franklin
| PEM Entities LLC |
| County of Franklin |
| 5:2020cv00407 |
| July 24, 2020 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2021. A more recent docket listing may be available from PACER.
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Filing 18
SCHEDULING ORDER: Discovery due by 1/29/2021. Mediation Deadline set for 1/31/2021. Motions due by 5/17/2021. The trial of this matter will be set by separate order from District Judge Richard E. Myers II. Counsel are reminded to read the Order in its entirety for critical information and deadlines. Signed by Magistrate Judge Robert B. Jones, Jr. on 9/15/2020. (Attachments: #1 Consent to Magistrate Form) (Waddell, K.)
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| Filing 17 Rule 26(f) Report (joint) filed by PEM Entities LLC. (Nichols, Keith) |
| Document Referred #17 Joint Rule 26(f) Report referred to US Magistrate Judge Robert B. Jones, Jr. for an order on scheduling. (Waddell, K.) |
| Filing 16 REPLY to Response to Motion regarding #12 MOTION to Dismiss 12(b)(1) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Franklin. (Attachments: #1 Certificate of Service) (Sheedy, James) |
| Motion Submitted to District Judge Richard E. Myers II regarding #12 MOTION to Dismiss 12(b)(1) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Waddell, K.) |
| Filing 15 Memorandum in Opposition regarding #12 MOTION to Dismiss 12(b)(1) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by PEM Entities LLC. (Nichols, Keith) |
| Notice to Counsel regarding: #15 Memorandum in Opposition. Counsel is reminded that in future filings the case number should read: 5:20-CV-407-M. The 'M' is the judge assignment to this case. Counsel is also reminded to reference the Western Division in the case caption. No need to refile at this time. (Waddell, K.) |
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Filing 14
ORDER FOR DISCOVERY PLAN sent to all parties. Counsel is reminded to read the Order in its entirety for critical information and deadlines. Signed by Peter A. Moore, Jr., Clerk of Court on 8/17/2020. (Waddell, K.)
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| Filing 13 Memorandum in Support regarding #12 MOTION to Dismiss 12(b)(1) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Franklin. (Attachments: #1 Exhibit Unpublished Case) (Sheedy, James) |
| Filing 12 CORRECTED MOTION to Dismiss 12(b)(1), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Franklin. (Attachments: #1 Certificate of Service) (Sheedy, James) |
| NOTICE OF DEFICIENCY regarding #11 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim. Counsel is directed to refile their Motion to Dismiss and Memorandum in Support as separate pleadings. Counsel should first file the Motion to Dismiss pdf using the motion event. Counsel should then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking to the Motion to Dismiss when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. Additionally, counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit" is not a sufficient description). (Waddell, K.) |
| Filing 11 CORRECTED AND REFILED AT #12 and #13 MOTION to Dismiss 12(b)(1), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by County of Franklin. (Attachments: #1 Memorandum in Support, #2 Exhibit, #3 Certificate of Service) (Sheedy, James) |
| Filing 10 Notice of Appearance filed by James W. Sheedy on behalf of County of Franklin. (Sheedy, James) |
| Filing 9 Notice of Appearance filed by Susan Elizabeth Driscoll on behalf of County of Franklin. (Driscoll, Susan) |
| SECOND NOTICE OF DEFICIENCY regarding #7 Notice of Appearance filed by Susan Elizabeth Driscoll on behalf of County of Franklin. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance. Counsel is directed to refile. (Waddell, K.) |
| Filing 8 Waiver of Service Returned Executed filed by PEM Entities LLC. County of Franklin waiver sent on 7/28/2020, answer due 9/26/2020. (Nichols, Keith) |
| Filing 7 Notice of Appearance filed by Susan Elizabeth Driscoll on behalf of County of Franklin. (Driscoll, Susan) |
| NOTICE OF DEFICIENCY regarding #7 Notice of Appearance. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance. (Waddell, K.) |
| Filing 6 Notice of Appearance filed by Keith B. Nichols on behalf of PEM Entities LLC. (Nichols, Keith) |
| Filing 5 Notice filed by PEM Entities LLC regarding #1 Complaint, Civil Cover Sheet. (Nichols, Keith) |
| REMINDER TO COUNSEL regarding #1 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Waddell, K.) |
| Notice to Counsel regarding: #6 Notice of Appearance. Counsel is reminded that in future filings the case number should read 5:20-CV-407-M. No action by counsel required. (Waddell, K.) |
| Filing 4 Summons Issued as to County of Franklin. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Filing 3 Financial Disclosure Statement by PEM Entities LLC (Nichols, Keith) |
| Filing 2 Notice filed by PEM Entities LLC regarding #1 Complaint, Proposed Summons. (Nichols, Keith) (Main Document 2 flattened and replaced on 8/10/2020) (Edwards, S.). |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5534824.), filed by PEM Entities LLC. (Attachments: #1 Index of Exhibits to Plaintiff's Complaint, #2 Exhibit 1 - Preliminary Plan, #3 Exhibit 2 - Map Plat Surveys, #4 Exhibit 3 - 2019 Water and Sewer Allocation Ordinance, #5 Exhibit 4 - Settlement Agreement, #6 Exhibit 5 - 2020 Water and Sewer Allocation Application, #7 Exhibit 6 - March 4, 2020 Meeting Minutes) (Nichols, Keith) |
| NOTICE OF DEFICIENCY regarding #1 Complaint - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.) |
| Notice to Counsel - Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" the proposed summons prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (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. (Waddell, K.) |
| Notice to Counsel - Counsel is to file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
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| Defendant: County of Franklin | |
| Represented By: | James W. Sheedy |
| Represented By: | Susan Elizabeth Driscoll |
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| Plaintiff: PEM Entities LLC | |
| Represented By: | Keith B. Nichols |
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