Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan v. Schulz et al
| Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan |
| Scott Schulz, Narron & Holdford, P.A., The Law Office of Kevin Williams, PLLC, Ben Eagles and Kevin Williams |
| 5:2020cv00455 |
| August 21, 2020 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| W Earl Britt |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| None |
Docket Report
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TEXT ORDER The temporary restraining order, entered at DE # 8, and all subsequent modifications thereto, is hereby dissolved. The Clerk is DIRECTED to close this case. Signed by Senior Judge W. Earl Britt on 10/16/2020. (CHAM, ACP)
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| Filing 34 Notice filed by Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan . (Toups, Benton) |
| Filing 33 STIPULATION of Dismissal by Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan (Toups, Benton) |
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Filing 32
ORDER granting #30 Joint Motion to Modify the Temporary Restraining Order; denying without prejudice #5 Motion for Preliminary Injunction. The TRO, as modified, shall remain in effect until the court orders it dissolved upon receipt of notice that the agreed upon sums have been paid. In The Clerk is DIRECTED to terminate the 29 September 2020 hearing. Signed by Senior Judge W. Earl Britt on 9/28/2020. (Herrmann, L.)
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| Filing 31 Memorandum in Support regarding #30 Joint MOTION to Amend/Correct to Modify the Temporary Restraining Order filed by Ben Eagles, Narron & Holdford, P.A., Scott Schulz, The Law Office of Kevin Williams, PLLC, Kevin Williams. (Honeycutt, John) |
| Filing 30 Joint MOTION to Amend/Correct to Modify the Temporary Restraining Order filed by Ben Eagles, Narron & Holdford, P.A., Scott Schulz, The Law Office of Kevin Williams, PLLC, Kevin Williams. (Attachments: #1 Text of Proposed Order) (Honeycutt, John) |
| Filing 29 Mail Returned as Undeliverable. Mail (DE #9 ) sent to Scott Schulz. (Herrmann, L.) |
| Filing 28 Memorandum in Opposition regarding #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Ben Eagles, Narron & Holdford, P.A., The Law Office of Kevin Williams, PLLC, Kevin Williams. (Attachments: #1 Affidavit of Kevin Williams, #2 Affidavit of Ben Eagles) (Honeycutt, John) |
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Filing 27
ORDER granting #25 Motion for Extension of Time to Answer. Scott Schulz answer due 10/17/2020. Signed by Peter A. Moore, Jr., Clerk of Court on 9/14/2020. (Herrmann, L.)
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Filing 26
ORDER granting #24 Motion for Extension of Time to Answer. Ben Eagles, Narron & Holdford, P.A., The Law Office of Kevin Williams, PLLC, and Kevin Williams answer due 10/15/2020. Signed by Peter A. Moore, Jr., Clerk of Court on 9/14/2020. (Herrmann, L.)
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| Filing 25 MOTION for Extension of Time to File Answer regarding #1 Complaint, filed by Scott Schulz. (Attachments: #1 Text of Proposed Order) (Hart, Scott) |
| Filing 24 First MOTION for Extension of Time to File Answer regarding #1 Complaint, by Defendants EAgles, Narron & Holdford, PA, Law Office of Kevin Williams, PLLC and Kevin Williams filed by Ben Eagles, Narron & Holdford, P.A., The Law Office of Kevin Williams, PLLC, Kevin Williams. (Attachments: #1 Text of Proposed Order Order granting Defendants' Motion for Extension of Time to Answer Complaint) (Honeycutt, John) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court: #24 and #25 MOTION for Extension of Time to File Answer regarding #1 Complaint. (Herrmann, L.) |
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Filing 23
ORDER granting #16 , #21 Motion to Continue Hearing on Preliminary Injunction. On or before 15 September 2020, the defendants may file any necessary memorandum with any supporting documents in response to plaintiff's motion for a preliminary injunction. The Clerk is DIRECTED to set a hearing on plaintiff's motion for preliminary injunction for 29 September 2020 at 10:00 AM. The temporary restraining order, (DE # 8), shall remain in effect until the conclusion of the 29 September 2020 hearing, unless extended by the court. Signed by Senior Judge W. Earl Britt on 9/2/2020. (Herrmann, L.)
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| Filing 22 Memorandum in Support regarding #21 MOTION to Continue Hearing on Preliminary Injunction and Extend Time in Which to File a Memorandum in Opposition filed by Scott Schulz. (Hart, Scott) |
| Filing 21 MOTION to Continue Hearing on Preliminary Injunction and Extend Time in Which to File a Memorandum in Opposition filed by Scott Schulz. (Attachments: #1 Text of Proposed Order Proposed Order) (Hart, Scott) |
| Reset Hearing as to #5 MOTION for Preliminary Injunction. Motion Hearing set for 9/29/2020 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. (Herrmann, L.) |
| Filing 20 Financial Disclosure Statement by Scott Schulz (Hart, Scott) |
| Filing 19 Notice of Appearance filed by Scott C. Hart on behalf of Scott Schulz. (Hart, Scott) |
| Filing 18 Notice of Appearance filed by Frederick Hughes Bailey, III on behalf of Scott Schulz. (Bailey, Frederick) |
| Filing 17 Memorandum in Support regarding #16 MOTION to Continue Hearing on Preliminary Injunction filed by Ben Eagles, Narron & Holdford, P.A., The Law Office of Kevin Williams, PLLC, Kevin Williams. (Honeycutt, John) |
| Filing 16 MOTION to Continue Hearing on Preliminary Injunction filed by Ben Eagles, Narron & Holdford, P.A., The Law Office of Kevin Williams, PLLC, Kevin Williams. (Attachments: #1 Text of Proposed Order) (Honeycutt, John) |
| Filing 15 Financial Disclosure Statement by Kevin Williams. (Honeycutt, John) Modified on 9/1/2020 to note no corporate parent identified. (Herrmann, L.) |
| Filing 14 Financial Disclosure Statement by The Law Office of Kevin Williams, PLLC . (Honeycutt, John) Modified on 9/1/2020 to note no corporate parent identified. (Herrmann, L.) |
| Filing 13 Financial Disclosure Statement by Ben Eagles . (Honeycutt, John) Modified on 9/1/2020 to note no corporate parent identified. (Herrmann, L.) |
| Filing 12 Financial Disclosure Statement by Narron & Holdford, P.A. (Honeycutt, John) Modified on 9/1/2020 to note no corporate parent identified. (Herrmann, L.) |
| Filing 11 Notice of Appearance filed by John T. Honeycutt on behalf of Ben Eagles, Narron & Holdford, P.A., The Law Office of Kevin Williams, PLLC, Kevin Williams. (Honeycutt, John) |
| Filing 10 Receipt for providing security pursuant to #8 Order - Receipt #RAL080369. (Herrmann, L.) |
| Filing 9 NOTICE of Hearing on #5 MOTION for Preliminary Injunction. Motion Hearing set for 9/3/2020 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before Senior Judge W. Earl Britt. Copy sent to Scott Schulz, 202 N. West Street, Apt. 508, Raleigh, NC 27603, Narron & Holdford, P.A., 204 Tarboro St. East, Wilson, NC 27893, Ben Eagles, 204 Tarboro St. East, Wilson, NC 27893, The Law Office of Kevin Williams, PLLC, 844 West 4th St., Suite 201, Winston Salem, NC 27101, and Kevin Williams, 844 West 4th St., Suite 201, Winston Salem, NC 27101 via US Mail. Copy sent via email to: kevin@kevinwilliamslaw.com and ble@narronholdford.com. (Herrmann, L.) |
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Filing 8
ORDER granting #5 Motion for Temporary Restraining Order; reserving ruling on #5 Motion for Preliminary Injunction. Defendants are hereby ENJOINED from wasting, disbursing, spending, converting or comingling $69,554.04 received in settlement of the personal injury claims arising out of injuries sustained by Schulz as a result of the fall occurring on 28 August 2018. The court DIRECTS the Clerk to serve each defendant a copy of this order by mail at the addresses listed on the summonses and by email to the addresses provided on plaintiff's certificate of service. Plaintiff is ORDERED to post or otherwise provide security in the principal amount of one thousand dollars $1,000) for the payment of such costs and damages as may be incurred or suffered by defendants if it is later found that they were wrongfully enjoined or restrained by this order. The Clerk is further DIRECTED to set a hearing on plaintiff's motion for preliminary injunction for 3 September 2020. On or before noon 1 September 2020, defendants may file any necessary memorandum with any supporting documents in response to plaintiff's motion for a preliminary injunction. This order shall expire upon the conclusion of the 3 September 2020 hearing, unless extended by the court. Signed by Senior Judge W. Earl Britt on 8/24/2020. Copy sent to Scott Schulz, 202 N. West Street, Apt. 508, Raleigh, NC 27603, Narron & Holdford, P.A., 204 Tarboro St. East, Wilson, NC 27893, Ben Eagles, 204 Tarboro St. East, Wilson, NC 27893, The Law Office of Kevin Williams, PLLC, 844 West 4th St., Suite 201, Winston Salem, NC 27101, and Kevin Williams, 844 West 4th St., Suite 201, Winston Salem, NC 27101 via US Mail. Copy sent via email to: kevin@kevinwilliamslaw.com and ble@narronholdford.com. (Herrmann, L.)
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| Filing 7 Summons Issued as to Ben Eagles, Narron & Holdford, P.A., Scott Schulz, The Law Office of Kevin Williams, PLLC, Kevin Williams. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Herrmann, L.) |
| Filing 6 Memorandum in Support regarding #5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan. (Toups, Benton) |
| Filing 5 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction filed by Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan. (Toups, Benton) |
| Filing 4 Financial Disclosure Statement by Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan (Toups, Benton) |
| Filing 3 Notice of Appearance filed by Elizabeth C. King on behalf of Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan. (King, Elizabeth) |
| Filing 2 Notice of Appearance filed by Benton Louis Toups on behalf of Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan. (Toups, Benton) |
| Filing 1 COMPLAINT against Ben Eagles, Narron & Holdford, P.A., Scott Schulz, The Law Office of Kevin Williams, PLLC, Kevin Williams ( Filing fee $ 400 receipt number 0417-5581045.), filed by Pella Corporation, as plan sponsor, administrator and fiduciary of Pella Corporation Group Medical Plan. (Attachments: #1 Exhibit A - Pella Corporation Group Medical Plan, #2 Civil Cover Sheet, #3 Proposed Civil Summons - All Defendants) (Toups, Benton) |
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