Wand Caliber Holdings Inc. v. Farley
Plaintiff: Wand Caliber Holdings Inc.
Defendant: R. Blake Farley
Case Number: 5:2020cv00457
Filed: August 24, 2020
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Richard E Myers
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1330
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on January 25, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 25, 2021 Filing 28 STIPULATION of Dismissal with Prejudice by R. Blake Farley (Sanservino, Nicholas)
January 25, 2021 Document Submitted: #28 Stipulation of Dismissal submitted to Chief US District Judge Richard E. Myers II. (Waddell, K.)
January 19, 2021 Opinion or Order Filing 27 Order - The final pretrial conference is set for November 2, 2021, and the trial is set for the November 16, 2021 term of court before Chief US District Judge Richard E. Myers II in Wilmington, North Carolina. Signed by US Magistrate Judge Robert B. Jones, Jr. on 1/19/2021. (Waddell, K.)
January 19, 2021 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #26 Second MOTION for Extension of Time to File Answer regarding #24 Counterclaim. (Waddell, K.)
January 19, 2021 TEXT ORDER granting Plaintiff's Second Consent Motion for Extension of Time #26 . For good cause shown, it is ordered that Plaintiff has up to and including January 29, 2021, within which to answer or otherwise respond to the Counterclaim #24 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/19/2021. (Hockaday, A.)
January 15, 2021 Filing 26 Second MOTION for Extension of Time to File Answer regarding #24 Counterclaim filed by Wand Caliber Holdings Inc.. (Attachments: #1 Text of Proposed Order Granting Motion for Extension) (Young, Robert)
January 12, 2021 Motions Submitted to Chief US District Judge Richard E. Myers II regarding #17 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and #19 Corrected MOTION Judicial Notice. (Waddell, K.)
January 7, 2021 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #25 MOTION for Extension of Time to File Answer regarding #24 Counterclaim. (Waddell, K.)
January 7, 2021 TEXT ORDER granting Plaintiff's Motion for Extension of Time #25 . For good cause shown, it is ordered that Plaintiff has up to and including January 15, 2021, within which to answer or otherwise respond to the Amended Counterclaim #24 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/7/2021. (Hockaday, A.)
January 6, 2021 Filing 25 MOTION for Extension of Time to File Answer regarding #24 Counterclaim filed by Wand Caliber Holdings Inc.. (Attachments: #1 Text of Proposed Order) (Young, Robert)
December 28, 2020 Filing 24 Amended COUNTERCLAIM against Wand Caliber Holdings Inc., filed by R. Blake Farley. (Sanservino, Nicholas)
December 22, 2020 Opinion or Order Filing 23 ORDER Appointing Steve Dunn as Mediator. Signed by Peter A. Moore, Jr., Clerk of Court on 12/22/2020. (copy of Order sent to Steve Dunn Miles Mediation, 6101 Carnegie Boulevard, Suite 450, Charlotte, North Carolina 28209 via US Mail.) (Waddell, K.)
December 22, 2020 Filing 22 Selection of Steve Dunn as mediator filed by Wand Caliber Holdings Inc.. (Young, Robert)
December 14, 2020 NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. (Waddell, K.)
December 4, 2020 TEXT ORDER granting Defendant's Consent Motion for Extension of Time #21 . For good cause shown, it is ordered that Defendant has up to and including December 28, 2020, within which to respond to the Corrected Motion to Dismiss #17 . Signed by Peter A. Moore, Jr., Clerk of Court on 12/4/2020. (Hockaday, A.)
December 4, 2020 Motion Referred to US Magistrate Judge Peter A. Moore, Jr., Clerk of Court regarding #21 Consent MOTION for Extension of Time to File Response as to #17 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Waddell, K.)
December 3, 2020 Filing 21 Consent MOTION for Extension of Time to File Response as to #17 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by R. Blake Farley. (Attachments: #1 Text of Proposed Order) (Sanservino, Nicholas)
November 17, 2020 Filing 20 Memorandum in Support regarding #19 Corrected MOTION Judicial Notice regarding #17 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wand Caliber Holdings Inc.. (Attachments: #1 Exhibit 1 - 2017 Agreement, #2 Exhibit 2 - Option Agreement, #3 Exhibit 3 - Notice of Voluntary Dismissal, #4 Exhibit 4 - Stay at Home Orders, #5 Exhibit 5 - Extensions) (Young, Robert)
November 17, 2020 Filing 19 Corrected MOTION Judicial Notice regarding #17 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wand Caliber Holdings Inc.. (Attachments: #1 Text of Proposed Order Granting Corrected Request for Judicial Notice) (Young, Robert)
November 17, 2020 Filing 18 Memorandum in Support regarding #17 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Corrected Memorandum) filed by Wand Caliber Holdings Inc.. (Young, Robert)
November 17, 2020 Filing 17 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wand Caliber Holdings Inc.. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss) (Young, Robert)
November 17, 2020 NOTICE OF DEFICIENCY regarding #15 Motion for Judicial Notice. Counsel did not file a Memorandum in Support. Counsel should file a 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. (Waddell, K.)
November 17, 2020 NOTICE OF DEFICIENCY regarding #14 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. (Waddell, K.)
November 16, 2020 Filing 16 AMENDED DOCUMENT by Wand Caliber Holdings Inc.. Amendment to #15 MOTION Judicial Notice regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Adding Exhibits 4 and 5 to Request for Judicial Notice (Attachments: #1 Exhibit 5 - Extensions) (Young, Robert)
November 16, 2020 Filing 15 MOTION Judicial Notice regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wand Caliber Holdings Inc.. (Attachments: #1 Exhibit 1 - 2017 Agreement, #2 Exhibit 2 - Option Agreement, #3 Exhibit 3 - Notice of Voluntary Dismissal, #4 Text of Proposed Order Granting Request for Judicial Notice) (Young, Robert)
November 16, 2020 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Wand Caliber Holdings Inc.. (Attachments: #1 Text of Proposed Order Granting Motion to Dismiss) (Young, Robert)
November 12, 2020 Opinion or Order Filing 13 SCHEDULING ORDER: Discovery due by 6/14/2021. Mediation Deadline set for 6/14/2021. Motions due by 7/12/2021. 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 other critical information and deadlines. Signed by Magistrate Judge Robert B. Jones, Jr. on 11/12/2020. (Attachments: #1 Consent to Magistrate Form) (Waddell, K.)
November 12, 2020 Document Referred: #12 Joint Rule 26(f) Report referred to US Magistrate Judge Robert B. Jones, Jr. for an order on scheduling. (Waddell, K.)
November 11, 2020 Filing 12 Rule 26(f) Report (joint) filed by Wand Caliber Holdings Inc.. (Young, Robert)
October 13, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #10 Consent MOTION for Extension of Time to File Answer or Respond to Counterclaim. (Waddell, K.)
October 13, 2020 TEXT ORDER granting Wand Caliber Holdings, Inc.'s Consent Motion for Extension of Time #10 . For good cause shown, it is ordered that Wand Caliber Holdings, Inc. has up to and including November 16, 2020, within which to answer or otherwise respond to the Counterclaims #8 . Signed by Peter A. Moore, Jr., Clerk of Court on 10/13/2020. (Hockaday, A.)
October 12, 2020 Filing 11 Proposed Order regarding #10 Consent MOTION for Extension of Time to File Answer or Respond to Counterclaim filed by Wand Caliber Holdings Inc.. (Young, Robert)
October 12, 2020 Filing 10 Consent MOTION for Extension of Time to File Answer or Respond to Counterclaim filed by Wand Caliber Holdings Inc.. (Attachments: #1 Exhibit Confer e-mail (Exh 1), #2 Exhibit Consent e-mail (Exh. 2)) (Young, Robert)
September 28, 2020 Opinion or Order Filing 9 ORDER FOR DISCOVERY PLAN sent to all parties. Counsel are reminded to read the Order in its entirety for critical information and deadlines. Signed by Peter A. Moore, Jr., Clerk of Court on 9/28/2020. (Waddell, K.)
September 26, 2020 Filing 8 ANSWER to #1 Complaint, with Jury Demand , First COUNTERCLAIM against Wand Caliber Holdings Inc. by R. Blake Farley. (Sanservino, Nicholas)
September 15, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #6 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Waddell, K.)
September 15, 2020 TEXT ORDER granting Defendant's Consent Motion for Extension of Time #6 . For good cause shown, it is ordered that Defendant has up to and including October 19, 2020, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 9/15/2020. (Hockaday, A.)
September 14, 2020 Filing 6 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint, filed by R. Blake Farley. (Attachments: #1 Text of Proposed Order) (Sanservino, Nicholas)
September 14, 2020 Filing 5 Notice of Appearance filed by Nicholas Joseph Sanservino, Jr on behalf of R. Blake Farley. (Sanservino, Nicholas)
September 4, 2020 Filing 7 SUMMONS Returned Executed R. Blake Farley served on 8/31/2020. (Attachments: #1 Envelope) (Edwards, S.)
August 25, 2020 Filing 4 Summons Issued as to R. Blake Farley. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
August 25, 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. (Waddell, K.)
August 25, 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" is not a sufficient description). Additionally, when filing a document with more than five attachments, the first attachment must be an index of all of the subsequent attached documents. No further action is needed. (Rudd, D.)
August 24, 2020 Filing 3 Notice of Appearance filed by Robert Anthony Young on behalf of Wand Caliber Holdings Inc.. (Young, Robert)
August 24, 2020 Filing 2 Financial Disclosure Statement by Wand Caliber Holdings Inc. identifying Corporate Parent Wand Topco Inc., Corporate Parent Wand Newco 2, Inc., Corporate Parent Wand Newco 3, Inc. for Wand Caliber Holdings Inc.. (Young, Robert)
August 24, 2020 Filing 1 COMPLAINT against All Defendants (Filing fee $400 receipt number 0417-5584081), filed by Wand Caliber Holdings Inc. (Attachments: #1 Exhibit -OPE Caliber Holdings Inc 2013 Equity Incentive Plan - Option Grant Award Agreement, #2 Exhibit- OPE Caliber Holdings Inc 2013 Equity Incentive Plan - Option Grant Award Agreement- Ordinary Course - Series 2017, #3 Civil Cover Sheet, #4 Proposed Summons) (Young, Robert) Modified on 8/25/2020 to describe exhibits. (Rudd, D.)

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Plaintiff: Wand Caliber Holdings Inc.
Represented By: Robert Anthony Young
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Defendant: R. Blake Farley
Represented By: Nicholas Joseph Sanservino, Jr.
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