NEWMAN v. NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION / NORTH CAROLINA JOINT UNDERWRITING ASSOCIATION et al
| Barbara Newman |
| NINA WETHINGTON, NINA THEODORA WETHINGTON, KELLOGG-MORGAN AGENCY, INC., JOHN/JANE DOES 1-100 and North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association |
| 5:2020cv00610 |
| November 13, 2020 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 35
ORDER - This matter comes before the court of its own initiative, to address the status of plaintiff's representation under the local rules of this court and in address of correspondence between the clerk and counsel for plaintiff. The court STRIKES docket entries numbered 28, 34, and the notice to the parties dated December 18, 2020. Further, plaintiff's counsel is DIRECTED to file, within 14 days of the date of this order, either 1) a motion to withdraw in conformance with Local Civil Rules 5.2 and 83.1 if he wishes to discontinue representation of plaintiff, or 2) a notice of appearance, or cause new/additional counsel to file a notice of appearance in accordance with Local Civil Rule 83.1. Furthermore, the court STAYS all case activities, including plaintiff's obligations to respond to pending motions, and the court's resolution of the same, pending further order upon the court's determination of plaintiff's representational status. Signed by District Judge Louise Wood Flanagan on 12/22/2020. (A copy of this Order was sent via US mail to counsel for plaintiff, JOSHUA LOUIS THOMAS, JOSHUA L. THOMAS & ASSOCIATES, 225 Wilmington West Chester Pike, SUITE 200, Chadds Ford, PA 19317 and via email at joshualthomas@gmail.com, and to plaintiff via US mail directed to Barbara Newman at 26 Courtland Lane, Willingboro, NJ 08046.) (Collins, S.)
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| Filing 34 Striken by Order #35 Rule 12 Letter Issued to Barbara Newman as to #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Response due by 1/11/2021. (Collins, S.) Modified on 12/22/2020 (Collins, S.). |
| Filing 33 Memorandum in Support regarding #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KELLOGG-MORGAN AGENCY, INC.. (Medford, Michael) |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by KELLOGG-MORGAN AGENCY, INC.. (Medford, Michael) |
| Striken by Order #35 Notice to Parties. Plaintiff is appearing pro se. Pursuant to Local ADR Rule 101.1a(b), cases wherein the United States is a party or any party appears pro se are not subject to mandatory mediation. This case is no longer subject to mandatory mediation. (A copy of this Notice was sent via US mail to Barbara Newman, 26 Courtland Lane, Willingboro, NJ 08046.) (Collins, S.) Modified on 12/22/2020 (Collins, S.) |
| Filing 31 Notice of Substitution of Counsel filed by Michael T. Medford on behalf of KELLOGG-MORGAN AGENCY, INC. substituting for David P. Skand and Marshall D. Bilder. (Attachments: #1 Exhibit Consent to Substitution of Counsel) (Medford, Michael) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #29 MOTION Supplement Rule 55(c) Order by Fixing Time for Response to Complaint. (Collins, S.) |
| Filing 30 Memorandum in Support regarding #29 MOTION Supplement Rule 55(c) Order by Fixing Time for Response to Complaint filed by KELLOGG-MORGAN AGENCY, INC.. (Attachments: #1 Exhibit Letter from S. Collins to B. Newman) (Medford, Michael) |
| Filing 29 MOTION Supplement Rule 55(c) Order by Fixing Time for Response to Complaint filed by KELLOGG-MORGAN AGENCY, INC.. (Attachments: #1 Text of Proposed Order Proposed Order) (Medford, Michael) |
| Filing 28 Striken by Order #35 Letter from S. Collins, Deputy Clerk to Barbara Newman requesting completion of financial disclosure statement and notice of self-representation forms. (Collins, S.) Modified on 12/22/2020 (Collins, S.). |
| Filing 27 Financial Disclosure Statement by KELLOGG-MORGAN AGENCY, INC. (Medford, Michael) |
| Filing 26 Certificate of Service filed by KELLOGG-MORGAN AGENCY, INC. regarding #25 Notice of Appearance Supplemental COS. (Medford, Michael) |
| Filing 25 Notice of Appearance filed by Michael T. Medford on behalf of KELLOGG-MORGAN AGENCY, INC.. (Medford, Michael) |
| Filing 24 Notice filed by North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association regarding #20 Financial Disclosure Statement, #22 Notice of Appearance, #18 Notice of Appearance, #17 Notice of Substitution of Counsel, #23 Notice of Appearance, #19 Financial Disclosure Statement Certificate of Service. (Flynt, Andrew) |
| Filing 23 Notice of Appearance filed by Matthew J. Gray on behalf of North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association. (Gray, Matthew) |
| Filing 22 Notice of Appearance filed by Matthew Burke on behalf of North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association. (Burke, Matthew) |
| Filing 21 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint, filed by North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association. (Attachments: #1 Text of Proposed Order) (Flynt, Andrew) |
| Filing 20 Financial Disclosure Statement by North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association (Flynt, Andrew) |
| Filing 19 Financial Disclosure Statement by North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association (Flynt, Andrew) |
| Filing 18 Notice of Appearance filed by Andrew Pfohl Flynt on behalf of North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association. (Flynt, Andrew) |
| Filing 17 Notice of Substitution of Counsel filed by Andrew Pfohl Flynt on behalf of North Carolina Insurance Underwriting Association / North Carolina Joint Underwriting Association substituting for Leonard S. dePalma. (Flynt, Andrew) |
| TEXT ORDER granting Defendants North Carolina Insurance Underwrting Association and North Carolina Joint Underwriting Association's Consent Motion for Extension of Time #21 . These defendants have up to and including December 28, 2020, within which to answer or otherwise respond to the Complaint #1 . Signed by Peter A. Moore, Jr., Clerk of Court on 11/25/2020. (Hockaday, A.) |
| 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. (Collins, S.) |
| NOTICE OF DEFICIENCY regarding #17 Notice of Substitution of Counsel, #20 Financial Disclosure Statement, #22 Notice of Appearance, #23 Notice of Appearance, #18 Notice of Appearance, #19 Financial Disclosure Statement, #21 Motion for Extension of Time to File Answer. Counsel shall file a revised document entitled "Certificate of Service" indicating that service of these documents were undertaken in a manner other than CM/ECF on attorneys who are not admitted to practice in this district and therefore cannot receive instant electronic notifications of filings. (Collins, S.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #21 Consent MOTION for Extension of Time to File Answer regarding #1 Complaint. (Collins, S.) |
| Filing 16 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 15 Case transferred in from District of New Jersey. Case Number 1:20-cv-01464. Transfer order and docket sheet obtained from transferring district. |
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Filing 14
ORDER Denying as moot Defendant NC Association's #3 Motion to Dismiss for Lack of Jurisdiction ; Granting Defendant KM Agency's #8 Motion to Vacate the Clerk's entry of Default; Directing Clerk to TRANSFER this case to the United States District Court for the Eastern District of North Carolina. Signed by Judge Robert B. Kugler on 11/9/2020. (rss, ) [Transferred from New Jersey on 11/18/2020.]
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| Filing 13 OPINION. Signed by Judge Robert B. Kugler on 11/9/2020. (rss, ) [Transferred from New Jersey on 11/18/2020.] |
| ***Civil Case Terminated. (rss, ) [Transferred from New Jersey on 11/18/2020.] |
| Filing 12 REPLY BRIEF to Opposition to Motion filed by KELLOGG-MORGAN AGENCY, INC. re #8 First MOTION to Vacate Clerk's Entry of Default (SKAND, DAVID) [Transferred from New Jersey on 11/18/2020.] |
| Filing 11 BRIEF in Opposition filed by BARBARA NEWMAN re #8 First MOTION to Vacate Clerk's Entry of Default (THOMAS, JOSHUA) [Transferred from New Jersey on 11/18/2020.] |
| Filing 10 REPLY BRIEF to Opposition to Motion filed by BARBARA NEWMAN re #3 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Exhibit A)(THOMAS, JOSHUA) [Transferred from New Jersey on 11/18/2020.] |
| Filing 9 REPLY BRIEF to Opposition to Motion filed by NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION / NORTH CAROLINA JOINT UNDERWRITING ASSOCIATION re #3 MOTION to Dismiss for Lack of Jurisdiction (DEPALMA, LEONARD) [Transferred from New Jersey on 11/18/2020.] |
| Set Deadlines as to #8 First MOTION to Vacate Clerk's Entry of Default . Motion set for 6/1/2020 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rss, ) [Transferred from New Jersey on 11/18/2020.] |
| Filing 8 First MOTION to Vacate Clerk's Entry of Default by KELLOGG-MORGAN AGENCY, INC.. (Attachments: #1 Declaration of David P. Skand, Esq., #2 Declaration of George Edwards Morgan, Sr., #3 Text of Proposed Order, #4 Certificate of Service)(SKAND, DAVID) [Transferred from New Jersey on 11/18/2020.] |
| Filing 7 BRIEF in Opposition filed by BARBARA NEWMAN re #3 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Certification, #2 Exhibit s A to F)(THOMAS, JOSHUA) [Transferred from New Jersey on 11/18/2020.] |
| Filing 6 Request for Default by BARBARA NEWMAN against KELLOGG-MORGAN AGENCY, INC. and NINA WETHINGTON. (Attachments: #1 Exhibit proof of service, #2 Exhibit proof of service)(THOMAS, JOSHUA) [Transferred from New Jersey on 11/18/2020.] |
| Filing 5 AFFIDAVIT of Service for Complaint and summons served on Suzanne Duvall on 3/13/2020, filed by BARBARA NEWMAN. (THOMAS, JOSHUA) [Transferred from New Jersey on 11/18/2020.] |
| Filing 4 AFFIDAVIT of Service for Complaint and summons served on Nina Wethington on 3/12/20, filed by BARBARA NEWMAN. (THOMAS, JOSHUA) [Transferred from New Jersey on 11/18/2020.] |
| Filing 3 MOTION to Dismiss for Lack of Jurisdiction by NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION / NORTH CAROLINA JOINT UNDERWRITING ASSOCIATION. Responses due by 5/4/2020 (Attachments: #1 Brief, #2 Affidavit, #3 Text of Proposed Order)(DEPALMA, LEONARD) [Transferred from New Jersey on 11/18/2020.] |
| Set Deadlines as to #3 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 5/18/2020 before Judge Robert B. Kugler. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (rss, ) [Transferred from New Jersey on 11/18/2020.] |
| Clerk's ENTRY OF DEFAULT as to KELLOGG-MORGAN AGENCY, INC. and NINA WETHINGTON for failure to plead or otherwise defend. (rss, ) [Transferred from New Jersey on 11/18/2020.] |
| Filing 2 SUMMONS ISSUED as to KELLOGG-MORGAN AGENCY, INC., NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION / NORTH CAROLINA JOINT UNDERWRITING ASSOCIATION, NINA WETHINGTON. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (cry, ) [Transferred from New Jersey on 11/18/2020.] |
| Judge Robert B. Kugler and Magistrate Judge Joel Schneider added. (dd, ) [Transferred from New Jersey on 11/18/2020.] |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action,Party Information, . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (cry, ) [Transferred from New Jersey on 11/18/2020.] |
| Filing 1 COMPLAINT against JOHN/JANE DOES 1-100, KELLOGG-MORGAN AGENCY, INC., NORTH CAROLINA INSURANCE UNDERWRITING ASSOCIATION / NORTH CAROLINA JOINT UNDERWRITING ASSOCIATION, NINA WETHINGTON ( Filing and Admin fee $ 400 receipt number ANJDC-10399196) with JURY DEMAND, filed by BARBARA NEWMAN.(THOMAS, JOSHUA) [Transferred from New Jersey on 11/18/2020.] |
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