Dane et al v. Commonwealth Partners LLC
Plaintiff: Dr. Darcy Dane and Carolina Brain Center PC
Defendant: Commonwealth Partners LLC
Case Number: 5:2022cv00449
Filed: November 9, 2022
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Richard E Myers
Referring Judge: Robert T Numbers
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 30, 2022 Opinion or Order Filing 21 ORDER denying without prejudice as moot #11 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Richard E. Myers II on 12/30/2022. (Edwards, S.)
December 29, 2022 Opinion or Order Filing 20 ORDER granting #17 Motion for Extension of Time. Signed by US Magistrate Judge Robert T. Numbers, II on 12/29/2022. (McNally, Kimberly)
December 29, 2022 Motion Submitted to Chief US District Richard E. Myers II regarding #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (McNally, Kimberly)
December 29, 2022 Motion Referred to US Magistrate Judge Robert T. Numbers, II regarding #17 Consent MOTION for Extension of Time to Conduct Rule 26(f) Conference. (McNally, Kimberly)
December 29, 2022 Motion No Longer Referred to Magistrate Judge Numbers: #19 Consent MOTION for Extension of Time to File Answer regarding #14 Amended Complaint. (McNally, Kimberly)
December 29, 2022 Motion Referred to Robert T. Numbers, II regarding #19 Consent MOTION for Extension of Time to File Answer regarding #14 Amended Complaint. (McNally, Kimberly)
December 29, 2022 TEXT ORDER granting Defendant's Consent Motion for Extension of Time #19 . For good cause shown, it is ordered that Defendant has up to and including February 2, 2023, within which to answer or otherwise respond to the Amended Complaint #14 . Signed by Peter A. Moore, Jr., Clerk of Court on 12/29/2022. (Hockaday, A.)
December 29, 2022 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #19 Consent MOTION for Extension of Time to File Answer regarding #14 Amended Complaint. (McNally, Kimberly)
December 23, 2022 Filing 19 Consent MOTION for Extension of Time to File Answer regarding #14 Amended Complaint, filed by Commonwealth Partners LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time) (Green, Jessica)
December 23, 2022 Filing 18 Notice of Appearance filed by Elizabeth Sims Hedrick on behalf of Commonwealth Partners LLC. (Hedrick, Elizabeth)
December 23, 2022 Filing 17 Consent MOTION for Extension of Time to Conduct Rule 26(f) Conference filed by Commonwealth Partners LLC. (Attachments: #1 Text of Proposed Order) (Green, Jessica)
December 22, 2022 Filing 16 Notice of Substitution of Counsel filed by Jessica Lyn Green on behalf of Commonwealth Partners LLC substituting for Jessica B. Vickers and Manning Fulton & Skinner P.A.. (Green, Jessica)
December 22, 2022 Filing 15 Memorandum in Opposition regarding #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 Memorandum in Support filed by Carolina Brain Center PC, Darcy Dane. (Harvey, Thomas)
December 22, 2022 Filing 14 AMENDED COMPLAINT against All Defendants, filed by Darcy Dane, Carolina Brain Center PC. (Attachments: #1 Exhibit Exhibit 1 - Lease, #2 Exhibit Exhibit 2 - Leasehold Improvements (Exhibit F), #3 Exhibit Exhibit 3 - Lease Guaranty (Exhibit J)) (Harvey, Thomas)
December 6, 2022 Opinion or Order Filing 13 ORDER FOR DISCOVERY PLAN sent to all parties, Signed by Peter A. Moore, Jr., Clerk of Court on 12/6/2022. (McNally, Kimberly)
December 2, 2022 Filing 12 Memorandum in Support regarding #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Commonwealth Partners LLC. (Attachments: #1 Exhibit A - 2/4/2021 Budget) (Vickers, Jessica)
December 2, 2022 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Commonwealth Partners LLC. (Vickers, Jessica)
November 16, 2022 Filing 10 Notice of Appearance filed by Thomas R. Harvey, III on behalf of All Plaintiffs. (Harvey, Thomas)
November 16, 2022 Filing 9 Financial Disclosure Statement by Carolina Brain Center PC, Darcy Dane (Shipman, Gary)
November 16, 2022 Filing 8 Notice of Appearance filed by Gary Keith Shipman on behalf of All Plaintiffs. (Shipman, Gary)
November 16, 2022 Filing 7 Notice filed by Commonwealth Partners LLC - File-Stamped Copy of State Court Notice of Removal. (Vickers, Jessica)
November 16, 2022 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. (McNally, Kimberly)
November 15, 2022 Filing 6 Notice of Appearance filed by Jessica Blair Vickers on behalf of Commonwealth Partners LLC. (Vickers, Jessica)
November 14, 2022 Filing 5 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Gary K. Shipman & Thomas R. Harvey III of Shipman & Wright, LLP at 575 Military Cutoff Road, Suite 106, Wilmington, NC 28405 mailed via US Mail on November 14, 2022. (Rudd, D.)
November 14, 2022 Opinion or Order Filing 4 ORDER granting #3 Motion for Extension of Time to Answer. Commonwealth Partners LLC answer due 12/2/2022. Signed by Peter A. Moore, Jr., Clerk of Court on 11/14/2022. (McNally, Kimberly)
November 14, 2022 Notice to Counsel - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.)
November 10, 2022 Filing 3 MOTION for Extension of Time to File Answer filed by Commonwealth Partners LLC. (Attachments: #1 Text of Proposed Order) (Vickers, Jessica)
November 10, 2022 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #3 MOTION for Extension of Time to File Answer. (Collins, S.)
November 9, 2022 Filing 2 Financial Disclosure Statement by Commonwealth Partners LLC (Vickers, Jessica)
November 9, 2022 Filing 1 NOTICE OF REMOVAL by Commonwealth Partners LLC from Wake County NC Superior Court, case number 22-CVS-12909. ( Filing fee $ 402 receipt number ANCEDC-6815408), filed by Commonwealth Partners LLC. (Attachments: #1 Exhibit A - State Court Civil Action Cover Sheet, #2 Exhibit B - State Court Summons, #3 Exhibit C - State Court Complaint, #4 Exhibit D - Affidavit of Frank A. Csapo, #5 Exhibit E - Notice of Filing of Notice of Removal, #6 Civil Cover Sheet, #7 Civil Cover Sheet Supplemental Removal Cover Sheet) (Vickers, Jessica)

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Plaintiff: Dr. Darcy Dane
Represented By: Gary Keith Shipman
Represented By: Thomas R. Harvey, III
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Plaintiff: Carolina Brain Center PC
Represented By: Gary Keith Shipman
Represented By: Thomas R. Harvey, III
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Defendant: Commonwealth Partners LLC
Represented By: Jessica Blair Vickers
Represented By: Elizabeth Sims Hedrick
Represented By: Jessica Lyn Green
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