Belfor USA Group, Inc. v. Engineering Specialties Co., Inc. et al
Plaintiff: Belfor USA Group, Inc. doing business as Belfor Property Restoration
Defendant: Dyke Industries, Inc. and Engineering Specialties Co., Inc.
Case Number: 5:2020cv00478
Filed: September 10, 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. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 15, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 15, 2021 Filing 32 Amended Scheduling Order. Signed by US Magistrate Judge Robert T. Numbers, II on 10/15/2021. Counsel are reminded to read the order in its entirety for critical information and deadlines. (Waddell, K.)
October 15, 2021 Motion Referred to US Magistrate Judge Robert T. Numbers, II regarding #31 Joint MOTION to Continue Trial and Modify #26 Scheduling Order. (Waddell, K.)
October 14, 2021 Filing 31 Joint MOTION to Continue Trial and Modify #26 Scheduling Order, filed by Dyke Industries, Inc.. (Attachments: #1 Text of Proposed Order to Continue Trial and Amend Scheduling Order) (Stipes, Christopher) Modified on 10/15/2021 to clarify document description in docket text (Waddell, K.).
September 8, 2021 Opinion or Order Filing 30 ORDER granting #29 Joint Motion for Protective Order. Signed by US Magistrate Judge Robert T. Numbers, II on 9/8/2021. (Waddell, K.)
September 8, 2021 Filing 29 Joint MOTION for Protective Order filed by Belfor USA Group, Inc.. (Attachments: #1 Appendix A to Joint Motion for Protective Order, #2 Text of Proposed Order) (Falls, Henry)
September 8, 2021 Motion Referred to US Magistrate Judge Robert T. Numbers, II regarding #29 Joint MOTION for Protective Order. (Waddell, K.)
September 3, 2021 Motion No Longer Submitted to Chief Judge Richard E. Myers, II: regarding #27 Joint MOTION for Protective Order Stipulated Consent Protective Order. (Collins, S.)
September 3, 2021 Motion Referred to US Magistrate Judge Robert T. Numbers, II regarding #27 Joint MOTION for Protective Order Stipulated Consent Protective Order. (Collins, S.)
September 3, 2021 Opinion or Order TEXT ORDER - The proposed protective order does not comply with Local Rule 79.2 regarding filing documents under seal. So the court denies the motion for a protective order D.E. #27 without prejudice. The parties should submit a new motion with a revised protective order within 7 days from the date of entry of this order. Signed by Magistrate Judge Robert T. Numbers, II on 9/3/2021. (Collins, S.)
September 3, 2021 Notice to Counsel regarding: #28 Proposed Order. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Edwards, S.)
September 2, 2021 Filing 28 Proposed Order regarding #27 Joint MOTION for Protective Order Stipulated Consent Protective Order (Motion revised per Notice of Deficiency) filed by Belfor USA Group, Inc.. (Attachments: #1 Appendix A to Stipulated Consent Protective Order, #2 Text of Proposed Order) (Falls, Henry)
September 2, 2021 Motion Submitted to Chief Judge Richard E. Myers, II regarding #27 Joint MOTION for Protective Order Stipulated Consent Protective Order. (Collins, S.)
August 30, 2021 NOTICE OF DEFICIENCY regarding #27 Joint Motion for Protective Order. The proposed protective order does not include certain required language with respect to the filing of sealed material in the attached proposed protective order - see CM/ECF Policy Manual, V.I.4 ("All proposed protective orders submitted to the court must contain the language in Section V.G.1(a)(i) through (iv)"). See also Local Civil Rule 79.2. Counsel must refile the proposed order using the "Proposed Order" event located in the "Responses and Replies" section. (Waddell, K.)
August 27, 2021 Filing 27 Joint MOTION for Protective Order Stipulated Consent Protective Order filed by Belfor USA Group, Inc.. (Attachments: #1 Appendix A to Stipulated Consent Protective Order, #2 Text of Proposed Order) (Falls, Henry)
July 20, 2021 Opinion or Order Filing 26 ORDER granting #25 Motion to Amend #18 Scheduling Order. Signed by US Magistrate Judge Robert T. Numbers, II on 7/20/2021. Counsel are reminded to read the order in its entirety for other critical information and deadlines. (Waddell, K.)
July 20, 2021 Motion Referred to US Magistrate Judge Robert T. Numbers, II regarding #25 Joint MOTION to Amend #18 Scheduling Order. (Waddell, K.)
July 19, 2021 Filing 25 Joint MOTION to Amend #18 Scheduling Order, filed by Belfor USA Group, Inc.. (Attachments: #1 Text of Proposed Order Modifying Scheduling Order) (Falls, Henry)
July 19, 2021 Filing 24 Notice of Appearance filed by Luke A. Dalton on behalf of Engineering Specialties Co., Inc.. (Dalton, Luke)
April 27, 2021 Filing 23 Amended MOTION for Extension of Time to Complete Discovery filed by Engineering Specialties Co., Inc.. (Attachments: #1 Text of Proposed Order) (Keister, Jeffrey)
April 27, 2021 TEXT ORDER finding as moot Defendant Engineering Specialties Co., Inc.'s Motion for Extension of Time #22 and granting its Motion for Extension of Time #23 . For good cause shown, it is ordered that this defendant has up to and including June 1, 2021, within which to respond to Plaintiff's First Set of Interrogatories and First Request for Production of Documents. Counsel again are reminded that pursuant to Rule 29 of the Federal Rules of Civil Procedure, parties may stipulate to extensions of time for responses to discovery under Rules 33, 34, and 36 without approval from the court, provided the extension does not interfere with any time set for completion of discovery, for a hearing of a motion, or for trial. Signed by Peter A. Moore, Jr., Clerk of Court on 4/27/2021. (Hockaday, A.)
April 27, 2021 Motions Referred to Peter A. Moore, Jr., Clerk of Court regarding #22 MOTION for Extension of Time to Complete Discovery and #23 Amended MOTION for Extension of Time to Complete Discovery. (Waddell, K.)
April 26, 2021 Filing 22 MOTION for Extension of Time to Complete Discovery filed by Engineering Specialties Co., Inc.. (Attachments: #1 Text of Proposed Order) (Keister, Jeffrey)
April 26, 2021 NOTICE OF DEFICIENCY regarding #22 Motion for Extension of Time to Complete Discovery. Counsel's motion fails to comply with Local Civil Rule 6.1(a) as it relates to prior consultation with opposing counsel and the views of opposing counsel within the motion. Counsel is directed to refile the motion making sure to comply with this rule (Waddell, K.)
April 12, 2021 Filing 21 MOTION for Extension of Time to Complete Discovery filed by Dyke Industries, Inc.. (Attachments: #1 Text of Proposed Order) (Stipes, Christopher)
April 12, 2021 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #21 MOTION for Extension of Time to Complete Discovery. (Waddell, K.)
April 12, 2021 TEXT ORDER granting Defendant Dyke Industries, Inc.'s Motion for Extension of Time #21 . For good cause shown, it is ordered that this defendant has up to and including June 2, 2021, within which to respond to Plaintiff's First Set of Interrogatories and First Request for Production of Documents. Counsel are reminded that pursuant to Rule 29 of the Federal Rules of Civil Procedure, parties may stipulate to extensions of time for responses to discovery under Rules 33, 34, and 36 without approval from the court, provided the extension does not interfere with any time set for completion of discovery, for a hearing of a motion, or for trial. Signed by Peter A. Moore, Jr., Clerk of Court on 4/12/2021. (Hockaday, A.)
January 14, 2021 Opinion or Order Filing 20 SCHEDULING ORDER: Trial in this case is set for April 12, 2022. The court will hold a pretrial conference on March 29, 2022 at 9:30 a.m. Signed by Magistrate Judge Robert T. Numbers, II on 1/13/2021. (Waddell, K.)
December 16, 2020 Opinion or Order Filing 19 ORDER Appointing Wayne Huckel as Mediator. Signed by Peter A. Moore, Jr., Clerk of Court on 12/16/2020. (Copy of Order sent to Wayne Huckel, Huckel Law Mediations & Arbitrations, PO Box 12737, Charlotte, NC 28220 via US Mail.) (Waddell, K.)
December 16, 2020 Opinion or Order Filing 18 SCHEDULING ORDER: Discovery due by 11/22/2021. Mediation Deadline set for 11/22/2021. Motions due by 12/1/2021. The trial date and related deadlines will be set by separate order at a later date. Signed by Magistrate Judge Robert T. Numbers, II on 12/16/2020. (Waddell, K.)
December 16, 2020 Document Referred: #17 Joint Rule 26(f) Report referred to US Magistrate Judge Robert T. Numbers, II for an order on scheduling. (Waddell, K.)
December 15, 2020 Filing 17 Corrected Rule 26(f) Report (joint) filed by Dyke Industries, Inc.. (Stipes, Christopher)
December 15, 2020 Filing 16 CORRECTED AND REFILED AT #17 Rule 26(f) Report (joint) filed by Dyke Industries, Inc.. (Stipes, Christopher)
December 15, 2020 NOTICE OF DEFICIENCY regarding #16 Rule 26(f) Report (joint). Opposing counsel's electronic signature block is not provided on this document despite it being filed as a joint report. Counsel is directed to refile the pleading to include the signatures of all counsel. See Section IV.D.2 of the CM/ECF Policies and Procedures Manual. Additionally, counsel listed in the document for Defendant Engineering Specialties Co., Inc. does not match counsel of record on the docket. All counsel appearing on behalf of a party should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). Counsel is directed to refile. (Waddell, K.)
November 2, 2020 Opinion or Order Filing 15 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 11/2/2020. (Waddell, K.)
November 2, 2020 Filing 14 ANSWER to #1 Complaint, with Jury Demand by Dyke Industries, Inc.. (Little, J.)
October 6, 2020 Filing 13 Financial Disclosure Statement by Engineering Specialties Co., Inc. (Keister, Jeffrey)
October 6, 2020 Filing 12 Notice of Appearance filed by Jeffrey D. Keister on behalf of Engineering Specialties Co., Inc.. (Keister, Jeffrey)
October 6, 2020 Filing 11 ANSWER to #1 Complaint, with Jury Demand by Engineering Specialties Co., Inc.. (Keister, Jeffrey)
September 30, 2020 Filing 10 Notice of Appearance filed by Christopher J. Stipes on behalf of Dyke Industries, Inc.. (Stipes, Christopher)
September 30, 2020 Filing 9 MOTION for Extension of Time to File Answer regarding #1 Complaint, filed by Dyke Industries, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order) (Little, J.)
September 30, 2020 Filing 8 Financial Disclosure Statement by Dyke Industries, Inc. (Little, J.)
September 30, 2020 Filing 7 Notice of Appearance filed by J. Matthew Little on behalf of Dyke Industries, Inc.. (Little, J.)
September 30, 2020 TEXT ORDER granting Defendant Dyke Industries, Inc.'s unopposed Motion for Extension of Time #9 . For good cause shown, it it is ordered that this defendant has up to and including November 5, 2020, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 9/30/2020. (Hockaday, A.)
September 30, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #9 MOTION for Extension of Time to File Answer regarding #1 Complaint. (Waddell, K.)
September 22, 2020 Filing 6 Affidavit of Service for Summons and Complaint on Defendant Dyke Industries, Inc. filed by Belfor USA Group, Inc. served on Dyke Industries, Inc. on September 15, 2020. (Attachments: #1 Exhibit A - Certified Mail green card) (Falls, Henry)
September 22, 2020 Filing 5 Affidavit of Service for Summons and Complaint on Defendant Engineering Specialties Co., Inc. filed by Belfor USA Group, Inc. served on Engineering Specialties Co., Inc. on September 16, 2020. (Attachments: #1 Exhibit A - Certified Mail green card) (Falls, Henry)
September 16, 2020 Filing 4 Financial Disclosure Statement by Belfor USA Group, Inc. identifying Corporate Parent Belfor (USA) Ltd., Corporate Parent Belfor Holdings, Inc. for Belfor USA Group, Inc.. (Falls, Henry)
September 15, 2020 SECOND NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Plaintiff, Belfor USA Group, Inc. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Waddell, K.)
September 10, 2020 Filing 3 Summons Issued as to Dyke Industries, Inc., Engineering Specialties Co., Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
September 10, 2020 Filing 2 Notice of Appearance filed by Henry Lee Falls, III on behalf of Belfor USA Group, Inc.. (Falls, Henry)
September 10, 2020 Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0417-5613227.), filed by Belfor USA Group, Inc.. (Attachments: #1 Exhibit A - First Sales Agreement, #2 Exhibit B - Second Sales Agreement, #3 Civil Cover Sheet, #4 Proposed Summons Engineering Specialties Co., Inc., #5 Proposed Summons Dyke Industries, Inc.) (Falls, Henry)
September 10, 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.)
September 10, 2020 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Belfor USA Group, Inc.. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.)

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Defendant: Dyke Industries, Inc.
Represented By: Christopher J. Stipes
Represented By: J. Matthew Little
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Defendant: Engineering Specialties Co., Inc.
Represented By: Jeffrey D. Keister
Represented By: Luke A. Dalton
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Plaintiff: Belfor USA Group, Inc. doing business as Belfor Property Restoration
Represented By: Henry Lee Falls, III
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