Gilmore's Farm, Inc. v. Herc Rentals, Inc.
| Gilmore's Farm, Inc. |
| Herc Rentals, Inc. |
| Leticia Gilmore, Asia Excavating Service, Inc., Billy J Freeman, Wellons Construction, Inc. and Don Gilmore |
| 5:2020cv00578 |
| November 3, 2020 |
| US District Court for the Eastern District of North Carolina |
| W Earl Britt |
| Personal Property: Other |
| 28 U.S.C. § 1446 |
| Both |
Docket Report
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This docket was last retrieved on May 16, 2022. A more recent docket listing may be available from PACER.
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Filing 16
REPLY to Motion regarding #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Herc Rentals, Inc. (Attachments: #1 Exhibit A - 3.2. History, North Carolina Construction Law) (Burchette, Carl) Modified on 11/24/2020 to correct linkage and document title. (Herrmann, L.)
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Notice to Counsel regarding: #16 Reply. Counsel linked the document to the incorrect docket entry. The deputy clerk correctly linked the entry to #5 Motion to Dismiss. Additionally, counsel indicated the incorrect case number. In future filings, please reference 5:20-CV-578-BR in the case caption. Future filings will have to be refiled if the correct case number is not indicated. No action by counsel required at this time. (Herrmann, L.)
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Motion Submitted to Senior Judge W. Earl Britt: #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Herrmann, L.)
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Filing 15
Notice of Appearance filed by Luther Donald Starling, Jr on behalf of Asia Excavating Service, Inc., Billy J Freeman, Don Gilmore, Leticia Gilmore, Wellons Construction, Inc.. (Starling, Luther)
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Filing 14
RESPONSE to Motion regarding #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Gilmore's Farm, Inc.. (Starling, Luther)
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Filing 13
Notice of Appearance filed by Luther Donald Starling, Jr on behalf of Gilmore's Farm, Inc.. (Starling, Luther)
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Notice to Counsel regarding: #13 Notice of Appearance, #14 Response to Motion, #15 Notice of Appearance. Counsel indicated the incorrect case number. In future filings, please reference 5:20-CV-578-BR in the case caption. No action by counsel required. (Herrmann, L.)
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Filing 12
ORDER granting #10 Motion for Extension of Time. Signed by Magistrate Judge Robert B. Jones, Jr.on 11/9/2020. (Herrmann, L.)
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Motion Referred to US Magistrate Judge Robert B. Jones, Jr.: #10 Consent MOTION for Extension of Time. (Herrmann, L.)
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Filing 11
Summons Issued as to Asia Excavating Service, Inc., Billy J Freeman, Don Gilmore, Leticia Gilmore, Wellons Construction, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Herrmann, L.)
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Filing 10
Consent MOTION for Extension of Time filed by Herc Rentals, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time) (Burchette, Carl)
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Filing 9
Notice filed by Herc Rentals, Inc. regarding #8 Third Party Complaint, . (Attachments: #1 Proposed Summons Third Party Summons - Asia Excavating Service, Inc., #2 Proposed Summons Third Party Summons - Billy J. Freeman, #3 Proposed Summons Third Party Summons - Don Gilmore, #4 Proposed Summons Third Party Summons - Leticia Gilmore, #5 Proposed Summons Third Party Summons - Wellons Construction, Inc.) (Burchette, Carl)
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Filing 8
First THIRD PARTY COMPLAINT against Asia Excavating Service, Inc., Billy J Freeman, Don Gilmore, Leticia Gilmore, Wellons Construction, Inc., filed by Herc Rentals, Inc.. (Attachments: #1 Exhibit A - Rental Agreement, #2 Exhibit B - Corporate Information, #3 Exhibit C - Fire Report, #4 Exhibit D - Screenshot, #5 Exhibit E - Photographs) (Burchette, Carl)
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Filing 7
Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel for Plaintiff, Luther D. Starling, Jr. of Daughtry, Woodard, Lawrence & Starling at Post Office Drawer 1960, 405 E. Market Street, Smithfield, NC 27577 mailed via US Mail on November 4, 2020. (Rudd, D.)
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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. (Herrmann, L.)
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Filing 6
Memorandum in Support regarding #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Herc Rentals, Inc.. (Burchette, Carl)
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Filing 5
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Herc Rentals, Inc.. (Burchette, Carl)
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Filing 4
Certificate of Service filed by Herc Rentals, Inc. regarding #3 Financial Disclosure Statement, #2 Notice of Appearance, #1 Notice of Removal, . (Burchette, Carl)
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Filing 3
Financial Disclosure Statement by Herc Rentals, Inc. identifying Corporate Parent Herc Holdings, LLC for Herc Rentals, Inc.. (Burchette, Carl)
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Filing 2
Notice of Appearance filed by Carl J. Burchette on behalf of All Defendants. (Burchette, Carl)
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Filing 1
NOTICE OF REMOVAL by All Defendants from Johnston County Superior Court, case number 20-CVS-3059. ( Filing fee $ 400 receipt number 0417-5706502), filed by All Defendants. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Removal Cover Sheet, #3 Exhibit A - Summons, #4 Exhibit B - Original Complaint, #5 Exhibit C - First Amended Complaint) (Burchette, Carl) Modified on 11/4/2020 clarify docket text. (Rudd, D.)
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