Protective Insurance Company v. Paccar Inc et al
| Protective Insurance Company as Subrogee of Robbie Emanuel and Protective Insurance Company |
| Paccar Inc and Paccar Engine Company |
| 5:2022cv00003 |
| January 3, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract Product Liability |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 17
Order - The court has been advised that the parties have settled all matters in controversy among them. Therefore, this matter is DISMISSED subject to the right of any party to file a motion to reopen the case should settlement not be consummated within 45 days hereof. The parties are directed to file their Stipulation of Dismissal with Prejudice on or before April 16, 2022. As there appears to be no further reason at this time to maintain the file as an open one for statistical purposes, this case is removed from the active docket. Signed by District Judge Louise Wood Flanagan on 3/2/2022. (Collins, S.)
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| Filing 16 NOTICE of Settlement by Protective Insurance Company (Jones, Todd) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #7 MOTION to Dismiss Plaintiff's Complaint. (Collins, S.) |
| Filing 15 Notice of Special Appearance for non-district by Danny C. Lallis on behalf of Paccar Engine Company, Paccar Inc. (Lallis, Danny) |
| NOTICE OF DEFICIENCY regarding #14 Notice of Special Appearance. Counsel's signature line does not comply with Section IV.D.1 of the CM/ECF Policies and Procedures Manual. The signature lines should read "/s/ Danny C. Lallis" and "/s/ Andrew A. Kasper." Counsel is directed to refile. (Collins, S.) |
| Filing 14 **CORRECTED AND REFILED AT #15 ** Notice of Special Appearance for non-district by Danny C. Lallis on behalf of Paccar Engine Company, Paccar Inc. (Lallis, Danny) Modified on 2/8/2022 (Collins, S.). |
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Filing 13
ORDER granting #12 Motion for Extension of Time to File Response regarding #7 MOTION to Dismiss Plaintiff's Complaint. Response due by 2/21/2022. Signed by District Judge Louise Wood Flanagan on 1/28/2022. (Collins, S.)
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| Filing 12 MOTION for Extension of Time to File Response/Reply as to #7 MOTION to Dismiss Plaintiff's Complaint filed by Protective Insurance Company. (Attachments: #1 Text of Proposed Order) (Jones, Todd) |
| Filing 11 Notice of Appearance filed by Todd Allen Jones on behalf of Protective Insurance Company. (Jones, Todd) |
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TEXT ORDER - Ordinarily at this juncture the court would trigger the parties' scheduling conference activities, and deadline for provision of their joint report and plan through issuance of initial order regarding planning and scheduling. Where defendants have filed a motion to dismiss, good cause appears to delay these activities. Unless a party raises objection in filing due within 14 days from this date, the court stays the parties' scheduling conference activities pending decision on motion filed 1/10/22. Signed by District Judge Louise Wood Flanagan on 1/18/2022. (Collins, S.)
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| Filing 10 Notice of Appearance filed by Todd Allen Jones on behalf of Protective Insurance Company. (Jones, Todd) |
| Notice to Counsel regarding: #10 Notice of Appearance. The attorney information in the signature block does not match the information the court has in its CM/ECF database. Counsel is directed to update contact information in CM/ECF by choosing "Utilities" and selecting "Maintain Your Account." Contact the clerk's office if additional assistance is required. (Collins, S.) |
| Filing 9 Notice filed by Paccar Engine Company, Paccar Inc regarding #8 Memorandum in Support, #7 MOTION to Dismiss Plaintiff's Complaint . (Kasper, Andrew) |
| Filing 8 Memorandum in Support regarding #7 MOTION to Dismiss Plaintiff's Complaint by Paccar Engine Company, Paccar Inc. (Attachments: #1 Exhibit Exhibit A: Vehicle Warranty, #2 Exhibit Exhibit B: Engine Warranty) (Kasper, Andrew) |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint filed by Paccar Engine Company, Paccar Inc. (Kasper, Andrew) |
| 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.) |
| Filing 6 Notice filed by Paccar Engine Company, Paccar Inc regarding #1 Notice of Removal, Supplemental Removal Cover Sheet. (Kasper, Andrew) |
| Filing 5 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Todd A. Jones, Lindsey E. Powell & Keith A. Boyette of Anderson Jones, PLLC at P. O. Box 20248, Raleigh, NC 27619 mailed via US Mail on January 4, 2022. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding [1-6] Supplement Supplemental Removal Cover Sheet. Counsel's signature line does not comply with Section IV.D.1 of the CM/ECF Policies and Procedures Manual. The signature line should read "/s/ Andrew A. Kasper." Counsel is directed to refile. (Rudd, D.) |
| Notice to Counsel regarding: [1-5] Civil Cover Sheet. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the civil cover sheet) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.) |
| Filing 4 Financial Disclosure Statement by Paccar Engine Company (Kasper, Andrew) |
| Filing 3 Financial Disclosure Statement by Paccar Inc (Kasper, Andrew) |
| Filing 2 Notice of Appearance Local 83.1 Counsel filed by Andrew A. Kasper on behalf of All Defendants. (Kasper, Andrew) Modified on 2/4/2022 to revise docket text. (Collins, S.). |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Wake County Superior Court Division, case number 21CvS500087. ( Filing fee $ 402 receipt number 0417-6376725), filed by All Defendants. (Attachments: #1 Exhibit Complaint, #2 Exhibit Summons and Complaint, #3 Exhibit Notice of Service, #4 Exhibit Protective Ins Business Details, #5 Civil Cover Sheet, #6 Supplemental Removal Cover Sheet) (Kasper, Andrew) |
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