Maxwell Foods, LLC v. Smithfield Foods, Inc.
Plaintiff: Maxwell Foods, LLC
Defendant: Smithfield Foods, Inc.
Case Number: 5:2020cv00479
Filed: September 11, 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. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2020 Filing 23 Memorandum in Opposition regarding #17 MOTION to Remand filed by Smithfield Foods, Inc.. (Harrington, Robert)
October 28, 2020 Filing 22 Memorandum in Opposition regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Pursuant to Rule 12(b)(6)] filed by Maxwell Foods, LLC. (David, Eric)
October 13, 2020 Filing 21 Notice of Appearance filed by Ethan R. White on behalf of Smithfield Foods, Inc.. (White, Ethan)
October 9, 2020 Filing 20 Proposed Order regarding #17 MOTION to Remand filed by Maxwell Foods, LLC. (Phillips, Reid)
October 9, 2020 Filing 19 Declaration regarding #18 Memorandum in Support of Motion to Remand (James L. Maxwell III) by Maxwell Foods, LLC (Phillips, Reid)
October 9, 2020 Filing 18 Memorandum in Support regarding #17 MOTION to Remand filed by Maxwell Foods, LLC. (Phillips, Reid)
October 9, 2020 Filing 17 MOTION to Remand filed by Maxwell Foods, LLC. (Phillips, Reid)
October 9, 2020 NOTICE OF DEFICIENCY regarding #17 Motion to Remand. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, 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. (Waddell, K.)
October 9, 2020 REMINDER TO COUNSEL regarding #17 through #19 . 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.)
October 8, 2020 Opinion or Order Filing 16 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 10/8/2020. (Waddell, K.)
October 8, 2020 Filing 15 Memorandum in Support regarding #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Pursuant to Rule 12(b)(6)] filed by Smithfield Foods, Inc.. (Harrington, Robert)
October 8, 2020 Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [Pursuant to Rule 12(b)(6)] filed by Smithfield Foods, Inc.. (Harrington, Robert)
September 21, 2020 Filing 13 Financial Disclosure Statement by Maxwell Foods, LLC (David, Eric)
September 21, 2020 Filing 12 Notice of Appearance filed by Shepard D. O'Connell on behalf of Maxwell Foods, LLC. (O'Connell, Shepard)
September 21, 2020 Filing 11 Notice of Appearance filed by Charles E. Coble on behalf of Maxwell Foods, LLC. (Coble, Charles)
September 21, 2020 Filing 10 Notice of Appearance filed by Eric M. David on behalf of Maxwell Foods, LLC. (David, Eric)
September 21, 2020 Filing 9 Notice of Appearance filed by Reid L. Phillips on behalf of Maxwell Foods, LLC. (Phillips, Reid)
September 15, 2020 Opinion or Order Filing 8 ORDER granting #5 Motion for Extension of Time. Defendant's time to respond to Plaintiff's Complaint is extended up to and including October 8, 2020. Signed by Peter A. Moore, Jr., Clerk of Court on 9/15/2020. (Waddell, K.)
September 15, 2020 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #5 MOTION for Extension of Time to Respond to Complaint (without objection). (Waddell, K.)
September 15, 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 14, 2020 Filing 7 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel for Plaintiff, Reid Phillips, Charles E. Coble, Eric M. David, and Shepard D. OConnell of Brooks, Pierce, McClendon, Humphrey & Leonard, L.L.P. at P. O. Box 26000, Greensboro, NC 27420 mailed via US Mail on September 14, 2020. (Rudd, D.)
September 11, 2020 Filing 6 Notice filed by Smithfield Foods, Inc. regarding #1 Notice of Removal, . (Attachments: #1 Notice of Removal of Action to Federal Court filed in Wayne County) (Harrington, Robert)
September 11, 2020 Filing 5 MOTION for Extension of Time to Respond to Complaint (without objection) filed by Smithfield Foods, Inc.. (Attachments: #1 Text of Proposed Order) (Harrington, Robert)
September 11, 2020 Filing 4 Notice of Appearance filed by Mark A. Hiller on behalf of Smithfield Foods, Inc.. (Hiller, Mark)
September 11, 2020 Filing 3 Notice of Appearance filed by Robert E. Harrington on behalf of Smithfield Foods, Inc.. (Harrington, Robert)
September 11, 2020 Filing 2 Financial Disclosure Statement by Smithfield Foods, Inc. identifying Corporate Parent WH Group Limited, Corporate Parent United Global Foods (US) Holdings, Inc. for Smithfield Foods, Inc.. (Harrington, Robert)
September 11, 2020 Filing 1 NOTICE OF REMOVAL by Smithfield Foods, Inc. from Wayne County Superior Court, case number 20-cvs-1430. ( Filing fee $ 400 receipt number 0417-5614597), filed by Smithfield Foods, Inc.. (Attachments: #1 Exhibit A - state court summons, #2 Exhibit B - state court complaint, #3 Exhibit C - state court civil cover sheet, #4 Exhibit D - affidavit of service, #5 Civil Cover Sheet, #6 Civil Cover Sheet - removal cover sheet) (Harrington, Robert)

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Plaintiff: Maxwell Foods, LLC
Represented By: Shepard D. O'Connell
Represented By: Charles E. Coble
Represented By: Eric M. David
Represented By: Reid L. Phillips
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Defendant: Smithfield Foods, Inc.
Represented By: Mark A. Hiller
Represented By: Robert E. Harrington
Represented By: Ethan R. White
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