Lewis v. EQUITYEXPERTS.ORG, LLC
| Kimberli Lewis |
| Equityexperts.org, LLC |
| 5:2022cv00302 |
| August 4, 2022 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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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 9/23/22. Signed by District Judge Louise Wood Flanagan on 9/30/2022. (Collins, S.)
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Filing 17
Memorandum in Support regarding #16 Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EQUITYEXPERTS.ORG, LLC. (Attachments: #1 Exhibit 1: August 26, 2021 Letter, #2 Exhibit 2: Ledger with Register of Actions, #3 Exhibit 3: Governing Documents (Articles of Incorporation, Bylaws, and CC&Rs) for the Association, #4 Exhibit 4: Wake County Property Ownership Records) (DeMarte, Katrina)
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Filing 16
Corrected MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EQUITYEXPERTS.ORG, LLC. (DeMarte, Katrina)
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NOTICE OF DEFICIENCY regarding #15 Motion to Dismiss for Failure to State a Claim. Counsel is directed to refile their Motion to Dismiss and Memorandum in Support as separate pleadings. Counsel should first file the Motion to Dismiss using the motion event. Counsel should then file the Memorandum in Support, using the MEMORANDUM IN SUPPORT event located under the Responses and Replies category, linking to the Motion to Dismiss when prompted to do so. See Section V.E.1(b) of the CM/ECF Policies and Procedures Manual. (Collins, S.)
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Filing 15
**CORRECTED AND REFILED AT #16 ** First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by EQUITYEXPERTS.ORG, LLC. (Attachments: #1 Brief in Support of Motion to Dismiss, #2 Exhibit 1: August 2021 Notice, #3 Exhibit 2: Register of Activities/Ledger, #4 Exhibit 3: Governing Documents for the Association) (DeMarte, Katrina) Modified on 9/28/2022 (Collins, S.).
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Filing 14
Proposed Order regarding #13 MOTION for Extension of Time to File Answer to Complaint filed by EQUITYEXPERTS.ORG, LLC. (Stark, Kendra)
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Filing 13
MOTION for Extension of Time to File Answer to Complaint filed by Equityexperts.org, LLC. (Stark, Kendra)
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Motion Referred to US Magistrate Judge Peter A. Moore, Jr., Clerk of Court regarding #13 MOTION for Extension of Time to File Answer to Complaint. (Tripp, S.)
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TEXT ORDER granting the Motion for Extension of Time #13 filed by Defendant EquityExperts.org, LLC. For good cause shown, it is ordered that this defendant has up to and including September 21, 2022, within which to answer or otherwise respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 9/12/2022. (Hockaday, A.)
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Notice to Counsel regarding: #12 Notice of Special Appearance Proposed Order. Special Appearance with this court is sufficient by notice and compliance with Local Civil Rule 83.1. Should counsel seek an order from this court, an appropriate motion should be filed. (Collins, S.)
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Filing 12
Notice of Special Appearance for non-district by Katrina M. DeMarte on behalf of EQUITYEXPERTS.ORG, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Special Appearance) (DeMarte, Katrina)
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Filing 11
Notice of Appearance filed by Edward Hallett Maginnis on behalf of Kimberli Lewis. (Maginnis, Edward) (Main Document 11 flattened and replaced on 8/12/2022) (Edwards, S.).
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Filing 10
Notice of Appearance filed by Karl Stephen Gwaltney on behalf of All Plaintiffs. (Gwaltney, Karl)
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Filing 9
Notice of Special Appearance for non-district by Kendra N. Stark on behalf of Equityexperts.org, LLC. (Stark, Kendra)
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Filing 8
Proposed Order regarding #7 First MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Defendant's Motion fo Extension of Time to Respond to Plaintiff's Complaint filed by Equityexperts.org, LLC. (Stark, Kendra)
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Filing 7
First MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Defendant's Motion fo Extension of Time to Respond to Plaintiff's Complaint filed by Equityexperts.org, LLC. (Stark, Kendra)
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TEXT ORDER granting Defendant's Motion for Extension of Time #7 . For good cause shown, it is ordered that Defendant has up to and including September 12, 2022, within which to answer or otherwise respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 8/11/2022. (Hockaday, A.)
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NOTICE OF DEFICIENCY regarding #9 Notice of Special Appearance. Pursuant to Section VI.C.2 of the CM/ECF Policies and Procedures Manual, each attorney making an appearance in the case must be a registered CM/ECF filer with this court and must file his or her own Notice of Appearance or Notice of Special Appearance. (Collins, S.)
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Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #7 First MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, Defendant's Motion fo Extension of Time to Respond to Plaintiff's Complaint. (Collins, S.)
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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. (Collins, S.)
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Notice to Counsel regarding: #11 Notice of Appearance. Counsel is reminded that pursuant to Section IV.B. of the court's CM/ECF Policies and Procedures Manual 'flattened' versions of fillable documents and forms are required to be filed in order to prevent manipulation of the form's data. No action needed at this time. (Collins, S.)
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Filing 6
Notice of Appearance filed by Kelly Ann Brewer on behalf of Equityexperts.org, LLC. (Brewer, Kelly)
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Filing 5
Notice filed by Equityexperts.org, LLC regarding #1 Notice of Removal, Supplemental Removal Cover Sheet. (Stark, Kendra)
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Filing 4
Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Edward H. Maginnis, Karl S. Gwaltney & Asa C. Edwards of Maginnis Howard at 7706 Six Forks Rd., Suite 101, Raleigh, NC 27615 mailed via US Mail on August 5, 2022. (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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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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Filing 3
Financial Disclosure Statement by Equityexperts.org, LLC (Stark, Kendra)
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Filing 2
Notice of Appearance filed by Kendra N. Stark on behalf of Equityexperts.org, LLC. (Stark, Kendra)
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Filing 1
NOTICE OF REMOVAL by Equityexperts.org, LLC from Wake County Superior Court, case number 22-CVS-4772. ( Filing fee $ 402 receipt number 0417-6664162), filed by Equityexperts.org, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Summons and Complaint) (Stark, Kendra)
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| Plaintiff: Kimberli Lewis | |
| Represented By: | Edward Hallett Maginnis |
| Represented By: | Karl Stephen Gwaltney |
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| Defendant: Equityexperts.org, LLC | |
| Represented By: | Kendra N. Stark |
| Represented By: | Katrina M. DeMarte |
| Represented By: | Kelly Ann Brewer |
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