Bowser v. CREE, Inc. et al
| Robert Bowser |
| CREE, Inc., The Cree, Inc. Severance Pay Guidelines and The Cree Inc. Severance Program |
| The Amended and Restated Severance Program |
| 5:2022cv00134 |
| April 6, 2022 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1132 E.R.I.S.A. |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.
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Filing 28
MOTION for Extension of Time to File Response/Reply as to #27 Response in Opposition to Motion, filed by Robert Bowser. (Attachments: #1 Text of Proposed Order Order) (Krasner, Joshua)
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Filing 27
RESPONSE in Opposition regarding #23 MOTION to Remand filed by CREE, Inc., CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program), The Amended and Restated Severance Program, The Cree Inc. Severance Program, The Cree, Inc. Severance Pay Guidelines. (Lindahl, Rebecca)
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Filing 26
ORDER granting #25 Motion for Extension of Time to Answer regarding #18 Counterclaim. The Court hereby grants Plaintiff's request for an Order staying Plaintiff's time to respond to Defendants' Counterclaims until ten (10) days following this Court's disposition of the Motion to Remand, but only in the event that the Court denies the Motion to Remand. Signed by District Judge Terrence W. Boyle on 5/19/2022. (Stouch, L.)
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Motions No Longer Referred: #25 MOTION for Extension of Time to File Answer. Motion Submitted to District Judge Terrence W. Boyle. (Stouch, L.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #25 MOTION for Extension of Time to File Answer. (Stouch, L.)
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Filing 25
MOTION for Extension of Time to File Answer filed by Robert Bowser. (Attachments: #1 Text of Proposed Order) (Barrett, William)
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Filing 24
Memorandum in Support regarding #23 MOTION to Remand filed by Robert Bowser. (Attachments: #1 Exhibit MTD, Cree's Answer and Counterclaims, #2 Exhibit Cree Motion for Summary Judgment, #3 Exhibit Cree Brief in Support of MSJ, #4 Exhibit 2/16/22 Email, #5 Exhibit 2/24/22 Email, #6 Exhibit Motion to Amend Complaint) (Krasner, Joshua)
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Filing 23
MOTION to Remand filed by Robert Bowser. (Krasner, Joshua)
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Filing 22
STIPULATION of Dismissal of Fifth Claim for Relief by Robert Bowser (Krasner, Joshua)
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Filing 21
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 4/21/2022. (Stouch, L.)
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Filing 20
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CREE, Inc., CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program), The Amended and Restated Severance Program, The Cree Inc. Severance Program, The Cree, Inc. Severance Pay Guidelines. (Lindahl, Rebecca)
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Notice to Counsel regarding: #18 Answer to Complaint (Notice of Removal), Counterclaim. CM/ECF does not accommodate certain document combinations, such as 'response and reply' or 'answer and motion'. A separate motion to dismiss should be filed so it shows as a pending motion on the docket to receive a ruling from the Court. (Stouch, L.)
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REMINDER TO COUNSEL. Pursuant to Judge Boyle's #Practice Preferences located on the court's website, counsel shall provide a courtesy copy of all documents over 20 pages, by mailing or delivering to the clerk's office in Raleigh. (Stouch, L.)
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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. (Stouch, L.)
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Filing 19
Memorandum in Support regarding #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CREE, Inc., CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program), The Amended and Restated Severance Program, The Cree Inc. Severance Program, The Cree, Inc. Severance Pay Guidelines. (Attachments: #1 Exhibit 1 Requests for Production (excerpt), #2 Unpublished Cases) (Lindahl, Rebecca) Modified on 4/21/2022 to correct docket entry text.
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Filing 18
ANSWER to Complaint , Motion to Dismiss, COUNTERCLAIM against Robert Bowser by The Amended and Restated Severance Program, CREE, Inc., The Cree Inc. Severance Program, The Cree, Inc. Severance Pay Guidelines, CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program). (Attachments: #1 Exhibit A- Severance Plan, #2 Exhibit B- Redacted Offer Letter, #3 Exhibit C- Offer letter with Date, #4 Exhibit D- Stock Option Award Agreements, #5 Exhibit E Stock Option Award Agreement T&C, #6 Exhibit F- RSU Agreements, #7 Exhibit G- RSU Agreement T&C) (Lindahl, Rebecca)
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Filing 17
Notice of Appearance filed by William P. Barrett on behalf of Robert Bowser. (Barrett, William)
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Filing 16
Notice of Appearance filed by Joshua M. Krasner on behalf of Robert Bowser. (Krasner, Joshua)
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Filing 15
ORDER granting #14 Motion for Extension of Time to Answer regarding #1 Notice of Removal. Defendants' answer due 4/20/2022. Signed by Peter A. Moore, Jr., Clerk of Court on 4/13/2022. Copy sent by US Mail to William P. Barrett and Joshua M. Krasner of Barrett Law Offices, PLLC at 5 West Hargett Street, Suite 910, Raleigh, NC 27601. (Stouch, L.)
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Filing 14
MOTION for Extension of Time to File Answer to Amended Complaint filed by CREE, Inc., CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program), The Amended and Restated Severance Program, The Cree Inc. Severance Program, The Cree, Inc. Severance Pay Guidelines. (Attachments: #1 Text of Proposed Order) (Lindahl, Rebecca)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #14 MOTION for Extension of Time to File Answer to Amended Complaint. (Stouch, L.)
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Filing 13
Financial Disclosure Statement by CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program) (Panizzolo, Kelsey)
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Filing 12
Financial Disclosure Statement by The Amended and Restated Severance Program identifying Corporate Parent CREE, Inc. for The Amended and Restated Severance Program. (Panizzolo, Kelsey)
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Filing 11
Financial Disclosure Statement by The Cree Inc. Severance Program identifying Corporate Parent CREE, Inc. for The Cree Inc. Severance Program. (Panizzolo, Kelsey)
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Filing 10
Financial Disclosure Statement by The Cree, Inc. Severance Pay Guidelines identifying Corporate Parent CREE, Inc. for The Cree, Inc. Severance Pay Guidelines. (Panizzolo, Kelsey)
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Filing 9
Financial Disclosure Statement by CREE, Inc. (Panizzolo, Kelsey)
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Filing 8
Notice of Appearance filed by Kelsey R. Panizzolo on behalf of All Defendants. (Panizzolo, Kelsey)
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Filing 7
Notice of Appearance filed by Michaela Connors Holcombe on behalf of All Defendants. (Holcombe, Michaela)
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Filing 6
Notice of Appearance filed by Rebecca Kinlein Lindahl on behalf of All Defendants. (Lindahl, Rebecca)
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Filing 5
Notice of Appearance filed by Rebecca Kinlein Lindahl on behalf of CREE, Inc., CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program), The Amended and Restated Severance Program, The Cree Inc. Severance Program, The Cree, Inc. Severance Pay Guidelines. (Lindahl, Rebecca)
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Filing 4
Notice filed by CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program), The Amended and Restated Severance Program, The Cree Inc. Severance Program, The Cree, Inc. Severance Pay Guidelines regarding #1 Notice of Removal Joinder to Notice of Removal. (Lindahl, Rebecca)
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Filing 3
Notice filed by CREE, Inc., CREE, Inc.(in its capacity as the Plan Administrator of the Cree Severance Pay Guidelines, Cree Inc. Severance Program and/or Amended and Restated Severance Program), The Amended and Restated Severance Program, The Cree Inc. Severance Program, The Cree, Inc. Severance Pay Guidelines regarding #1 Notice of Removal Supplemental Removal Cover Sheet. (Attachments: #1 Civil Cover Sheet) (Lindahl, Rebecca)
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Filing 2
Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, William P. Barrett and Joshua M. Krasner of Barrett Law Offices, PLLC at 5 West Hargett Street, Suite 910, Raleigh, NC 27601 mailed via US Mail on April 7, 2022. (Rudd, D.)
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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.)
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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.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to CREE, Inc. 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.)
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Notice to Counsel - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
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Filing 1
NOTICE OF REMOVAL by CREE, Inc. ( Filing fee $ 402 receipt number 0417-6508102), filed by CREE, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Notice of Removal) (Lindahl, Rebecca)
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