Nutter v. Woodforest National Bank
Plaintiff: Miles Nutter
Defendant: Woodforest National Bank
Case Number: 5:2023cv00542
Filed: October 2, 2023
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Robert B Jones
Referring Judge: Richard E Myers
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 8, 2023 Filing 20 Proposed Order regarding #8 MOTION to Reopen Case filed by Miles Nutter. (Buckmiller, Matthew)
December 6, 2023 Opinion or Order Filing 19 ORDER granting #17 Motion for Extension of Time. If claims remain after disposition of the motion to dismiss, the parties shall conduct a Rule 26() meeting and file a discovery plan within twenty-one (21) days after the court's ruling. Signed by US Magistrate Judge Robert B. Jones, Jr. on 12/6/2023. (McNally, Kimberly)
December 6, 2023 Filing 18 REPLY to #15 Response in Opposition to Motion regarding #8 Motion to Remand, filed by Miles Nutter. (Attachments: #1 Exhibit A - Declaration of Miles Nutter) (Buckmiller, Matthew) Modified on 12/6/2023 to correct docket text and link docket entry to the corresponding motion (McNally, Kimberly).
December 6, 2023 Motion Referred to US Magistrate Judge Robert B. Jones, Jr. regarding #17 Joint MOTION for Extension of Time to Extend Rule 26(f) Case Management Deadlines. (McNally, Kimberly)
December 6, 2023 NOTICE OF DEFICIENCY regarding #8 Motion to Remand Case. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual, parties must file a proposed order with any non-dispositive motion. Please file the proposed order using the 'Proposed Order' event in the Responses and Replies category and link it back to the motion to which it corresponds. Additionally, pursuant to the Practice Preferences of Chief Judge Myers, counsel shall also email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (McNally, Kimberly)
December 4, 2023 Filing 17 Joint MOTION for Extension of Time to Extend Rule 26(f) Case Management Deadlines filed by Woodforest National Bank. (Attachments: #1 Text of Proposed Order) (Carey, Stephen)
November 22, 2023 Filing 16 Declaration regarding #15 Response in Opposition to Motion Declaration of W. Jeffrey Levi by Woodforest National Bank filed by Woodforest National Bank. (Carey, Stephen)
November 22, 2023 Filing 15 RESPONSE in Opposition regarding #8 MOTION to Remand Case filed by Woodforest National Bank. (Carey, Stephen) Modified on 11/27/2023 (McNally, Kimberly).
November 21, 2023 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #14 MOTION for Extension of Time to File Response to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (McNally, Kimberly)
November 21, 2023 TEXT ORDER granting Plaintiff's Motion for Extension of Time #14 . For good cause shown, it is ordered that Plaintiff has 14 days from the Court's ruling on Plaintiff's Motion to Remand #8 in which to respond to the Motion to Dismiss #10 . Signed by Peter A. Moore, Jr., Clerk of Court on 11/21/2023. (Hockaday, A.)
November 20, 2023 Filing 14 MOTION for Extension of Time to File Response/Reply as to #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Miles Nutter. (Attachments: #1 Text of Proposed Order) (Buckmiller, Matthew)
November 6, 2023 Filing 13 DISREGARD - ENTERED IN WRONG CASE. CONDITIONAL TRANSFER ORDER (CTO-157). Signed by Tiffany D. Pete, Clerk of the Panel. (McNally, Kimberly) Modified on 11/6/2023 (McNally, Kimberly).
November 6, 2023 Opinion or Order Filing 12 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 11/6/2023. (McNally, Kimberly)
November 3, 2023 Filing 11 Memorandum in Support regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Woodforest National Bank. (Carey, Stephen)
November 3, 2023 Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Woodforest National Bank. (Carey, Stephen)
November 2, 2023 Filing 9 Memorandum in Support regarding #8 MOTION to Remand Case filed by Miles Nutter. (Buckmiller, Matthew) Modified on 11/3/2023 to correct docket text (McNally, Kimberly).
November 2, 2023 Filing 8 MOTION to Remand Case filed by Miles Nutter. (Buckmiller, Matthew) Modified on 11/2/2023 to correct docket text (McNally, Kimberly).
October 31, 2023 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)
October 5, 2023 Filing 7 Financial Disclosure Statement by Miles Nutter (Buckmiller, Matthew)
October 5, 2023 Filing 6 Notice of Appearance filed by Matthew W. Buckmiller on behalf of Miles Nutter. (Buckmiller, Matthew)
October 5, 2023 TEXT ORDER granting Defendant's Motion for Extension of Time #5 . For good cause shown, it is ordered that Defendant has up to and including November 3, 2023, within which to answer or otherwise respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 10/5/2023. (Hockaday, A.)
October 5, 2023 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #5 Consent MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (McNally, Kimberly)
October 3, 2023 Filing 5 Consent MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, filed by Woodforest National Bank. (Attachments: #1 Text of Proposed Order) (Carey, Stephen)
October 3, 2023 Filing 4 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Matthew W. Buckmiller of Buckmiller, Boyette & Frost PLLC at 4700 Six Forsk Road, Suite 150, Raleigh, NC 27609 mailed via US Mail on October 3, 2023. (Rudd, D.)
October 2, 2023 Filing 3 Notice of Appearance filed by Stephen V. Carey on behalf of Woodforest National Bank. (Carey, Stephen)
October 2, 2023 Filing 2 Financial Disclosure Statement by Woodforest National Bank identifying Corporate Parent Woodforest Financial Group, Inc. for Woodforest National Bank. (Carey, Stephen)
October 2, 2023 Filing 1 NOTICE OF REMOVAL by Woodforest National Bank from Wake County Superior Court, case number 23CV024049-910. ( Filing fee $ 402 receipt number ANCEDC-7293686), filed by Woodforest National Bank. (Attachments: #1 Exhibit A - State Court Summons, #2 Exhibit B - State Court Complaint, #3 Exhibit C - State Court Affidavit of Service, #4 Civil Cover Sheet, #5 Supplement Removal Cover Sheet) (Carey, Stephen)

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Plaintiff: Miles Nutter
Represented By: Matthew W. Buckmiller
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Defendant: Woodforest National Bank
Represented By: Stephen V. Carey
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