Davis v. Capital Ready Mix Concrete, LLC et al
Plaintiff: Roscoe Davis, Jr.
Defendant: Capital Ready Mix Concrete, LLC and Arthur Kennedy
Case Number: 5:2021cv00463
Filed: November 8, 2021
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: James C Dever
Nature of Suit: Civil Rights: Jobs
Cause of Action: 29 U.S.C. § 2601
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 3, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 5, 2022 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #17 First MOTION for Extension of Time to File Response as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint, #14 Memorandum in Support. (Sellers, N.)
January 5, 2022 TEXT ORDER granting Plaintiff's Motion for Extension of Time #17 . For good cause shown, it is ordered that Plaintiff has up to and including January 15, 2022, within which to respond to the Motion to Dismiss #13 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/5/2022. (Hockaday, A.)
January 4, 2022 Filing 17 First MOTION for Extension of Time to File Response/Reply as to #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint, #14 Memorandum in Support, filed by Roscoe Davis, Jr. (Attachments: #1 Proposed Order) (Meilleur, Laurie)
December 15, 2021 Filing 16 Financial Disclosure Statement by Arthur Kennedy (Adams, Julie)
December 15, 2021 Filing 15 Financial Disclosure Statement by Capital Ready Mix Concrete, LLC (Adams, Julie)
December 15, 2021 Filing 14 Memorandum in Support regarding #13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Capital Ready Mix Concrete, LLC, Arthur Kennedy. (Attachments: #1 Exhibit 1: Plaintiff's North Carolina Department of Labor Complaint, #2 Appendix Unpublished Opinions) (Adams, Julie)
December 15, 2021 Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint filed by Capital Ready Mix Concrete, LLC, Arthur Kennedy. (Attachments: #1 Text of Proposed Order Granting Defendants' Motion to Dismiss Plaintiff's Amended Complaint) (Adams, Julie)
December 9, 2021 Filing 12 Financial Disclosure Statement by Roscoe Davis, Jr (Meilleur, Laurie)
December 9, 2021 Notice to Counsel regarding: #10 Notice of Appearance, #11 Financial Disclosure Statement. These forms are incomplete. Please complete the forms and re-file. In addition, counsel is reminded for future filings, when using a fillable PDF form, the Court prefers that these forms be "flattened" pursuant to Section IV(B) of the Court's Electronic Policy and Procedure Manual available on the court's website. (Sellers, N.)
December 8, 2021 Filing 11 Financial Disclosure Statement by Roscoe Davis, Jr (Meilleur, Laurie)
December 8, 2021 Filing 10 Notice of Appearance filed by Laurie J. Meilleur on behalf of All Plaintiffs. (Meilleur, Laurie)
November 19, 2021 Filing 9 Mail Returned as Undeliverable. Mail sent to Laurie J. Meilleur. (Sellers, N.)
November 16, 2021 Filing 8 Mail Returned as Undeliverable. Mail sent to Laurie J. Meilleur (Sellers, N.)
November 15, 2021 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time to Answer. Capital Ready Mix Concrete, LLC answer due 12/15/2021; Arthur Kennedy answer due 12/15/2021. Signed by Peter A. Moore, Jr., Clerk of Court on 11/15/2021. Sent to Laurie J. Meilleur,Law Offices of Laurie J. Meilleur, PLLC at 124 Saint Marys St. Raleigh, NC 27605 via US Mail. (Sellers, N.)
November 15, 2021 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #6 Consent MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Plaintiff's Complaint. (Sellers, N.)
November 10, 2021 Filing 6 Consent MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Plaintiff's Complaint filed by Capital Ready Mix Concrete, LLC, Arthur Kennedy. (Attachments: #1 Text of Proposed Order Granting Consent Motion for Extension of Time to Answer or Otherwise Respond) (Adams, Julie)
November 9, 2021 Filing 5 Notice filed by Capital Ready Mix Concrete, LLC, Arthur Kennedy regarding Notice of Deficiency, #1 Notice of Removal, Supplemental Removal Cover Sheet. (Adams, Julie)
November 9, 2021 Filing 4 Notice filed by Capital Ready Mix Concrete, LLC, Arthur Kennedy regarding #1 Notice of Removal, Notice of Deficiency Civil Cover Sheet. (Adams, Julie)
November 9, 2021 Filing 3 Notice of Appearance filed by Julie Kerr Adams on behalf of Capital Ready Mix Concrete, LLC, Arthur Kennedy. (Adams, Julie)
November 9, 2021 Filing 2 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Laurie J. Meilleur of the Laurie J. Meilleur Law Offices at 124 Saint Marys St., Raleigh, NC 27605 mailed via US Mail on November 9, 2021. (Rudd, D.)
November 9, 2021 NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.)
November 9, 2021 Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
November 9, 2021 NOTICE OF DEFICIENCY regarding #1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event Notice - Other. Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.)
November 9, 2021 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Capital Ready Mix Concrete, LLC, Arthur Kennedy. 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.)
November 8, 2021 Filing 1 NOTICE OF REMOVAL by Arthur Kennedy, Capital Ready Mix Concrete, LLC from Wake County District Court, case number 21-CVD-11727. ( Filing fee $ 402 receipt number 0417-6309854), filed by Arthur Kennedy, Capital Ready Mix Concrete, LLC. (Attachments: #1 Exhibit 1: All Process, Pleadings, and Orders Received by Defendants, #2 Exhibit 2: Notice of Filing of Notice of Removal) (Adams, Julie)

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Plaintiff: Roscoe Davis, Jr.
Represented By: Laurie J. Meilleur
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Defendant: Capital Ready Mix Concrete, LLC
Represented By: Julie Kerr Adams
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Defendant: Arthur Kennedy
Represented By: Julie Kerr Adams
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