Haynes et al v. Rocky Mount Cycles, Inc. et al
| Kimberly J Haynes and James Edmond Cheeley |
| Rocky Mount Cycles, Inc., MS Family Enterprises, Inc. d/b/a Bayside Harley-Davidson, Slaughter, Inc. d/b/a Bayside Harley-Davidson (Portsmith CI), Harley-Davidson, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Bosch Brake Components, LLC, Robert Bosch, LLC, Bosch Global Software Technologies Private Limited and KV Motorcycle Sales Inc. |
| 5:2023cv00591 |
| October 20, 2023 |
| US District Court for the Eastern District of North Carolina |
| James C Dever |
| Kimberly A Swank |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Document Text |
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| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #36 MOTION for Extension of Time to File Reply. (Mann, Stephanie) |
| TEXT ORDER granting Plaintiffs' Motion for Extension of Time #36 . For good cause shown, it is ordered that Plaintiffs have up to and including January 18, 2024, within which to file a reply in support of the Motion to Remand #28 . Signed by Peter A. Moore, Jr., Clerk of Court on 12/11/2023. (Hockaday, A.) |
| Filing 36 MOTION for Extension of Time to File Reply regarding #28 MOTION to Remand filed by James Edmond Cheeley, Kimberly J Haynes. (Attachments: #1 Text of Proposed Order) (Abrams, Douglas) |
| Filing 35 RESPONSE in Opposition regarding #28 MOTION to Remand filed by Bosch Brake Components, LLC, Bosch Global Software Technologies Private Limited, Robert Bosch, LLC. (Rom, Frederick) |
| Filing 34 Notice of Special Appearance for non-district by Charles A. Kinney, Jr on behalf of Rocky Mount Cycles, Inc.. (Kinney, Charles) |
| Filing 33 MEMORANDUM of Law in Opposition regarding #28 MOTION to Remand Amended and Superseding prior Response filed by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of J. Robertson) (Tennial, Joseph) |
| Filing 32 MEMORANDUM of Law in Opposition regarding #28 MOTION to Remand filed by Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Affidavit of J. Robertson) (Tennial, Joseph) |
| Filing 31 RESPONSE in Opposition regarding #28 MOTION to Remand filed by MS Family Enterprises, Inc., Slaughter, Inc.. (Smith, Allen) |
| Filing 30 RESPONSE in Opposition regarding #1 MOTION to Dismiss filed by James Edmond Cheeley, Kimberly J Haynes. (Abrams, Douglas) |
| Filing 29 Memorandum in Support regarding #28 MOTION to Remand filed by James Edmond Cheeley, Kimberly J Haynes. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit) (Abrams, Noah) |
| Filing 28 MOTION to Remand filed by James Edmond Cheeley, Kimberly J Haynes. (Attachments: #1 Text of Proposed Order) (Abrams, Noah) |
| Filing 27 Notice of Special Appearance for non-district by Anthony Monaco on behalf of Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc.. (Monaco, Anthony) |
| Filing 26 Memorandum in Support and Reservation Regarding Motion to Dismiss Filed in State Court filed by KV Motorcycle Sales Inc.. (Joyce, Travis) |
| Filing 25 Notice of Appearance filed by Travis Ray Joyce on behalf of Rocky Mount Cycles, Inc., KV Motorcycle Sales Inc.. (Joyce, Travis) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, #www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Mann, Stephanie) |
| Filing 24 Notice of Appearance filed by Jason Michael Burton on behalf of All Plaintiffs. (Burton, Jason) |
| Filing 23 Notice of Special Appearance for non-district by Joseph Tennial on behalf of Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc.. (Tennial, Joseph) |
| Filing 22 Financial Disclosure Statement by James Edmond Cheeley (Abrams, Douglas) |
| Filing 21 Financial Disclosure Statement by Kimberly J Haynes (Abrams, Douglas) |
| Filing 20 Notice of Appearance filed by Noah Breen Abrams on behalf of All Plaintiffs. (Abrams, Noah) |
| Filing 19 Notice of Appearance filed by Douglas B. Abrams on behalf of All Plaintiffs. (Abrams, Douglas) |
| Filing 18 Notice of Special Appearance for non-district by Kristen Cooke on behalf of Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc.. (Cooke, Kristen) |
| Filing 17 Financial Disclosure Statement by Harley-Davidson Motor Company Group, LLC identifying Corporate Parent Harley-Davidson, Inc. for Harley-Davidson Motor Company Group, LLC. (Warner, Kirk) |
| Filing 16 Financial Disclosure Statement by Harley-Davidson Motor Company, Inc. identifying Corporate Parent Harley-Davidson, Inc., Corporate Parent Harley-Davidson Motor Company Group, LLC for Harley-Davidson Motor Company, Inc.. (Warner, Kirk) |
| Filing 15 Financial Disclosure Statement by Harley-Davidson, Inc. (Warner, Kirk) |
| Filing 14 ANSWER to Complaint with Jury Demand by Bosch Brake Components, LLC, Bosch Global Software Technologies Private Limited, Robert Bosch, LLC. (Rom, Frederick) |
| Filing 13 Notice of Appearance filed by Alexander Joseph Buckley on behalf of Bosch Brake Components, LLC, Bosch Global Software Technologies Private Limited, Robert Bosch, LLC. (Buckley, Alexander) |
| Filing 12 Financial Disclosure Statement by Robert Bosch, LLC identifying Corporate Parent Robert Bosch North America Corporation for Robert Bosch, LLC. (Rom, Frederick) |
| Filing 11 Financial Disclosure Statement by Bosch Brake Components, LLC identifying Corporate Parent Robert Bosch Nederland B.V., Corporate Parent Robert Bosch GmbH for Bosch Brake Components, LLC. (Rom, Frederick) |
| Filing 10 Financial Disclosure Statement by Bosch Global Software Technologies Private Limited identifying Corporate Parent Robert Bosch Nederland B.V., Corporate Parent Robert Bosch GmbH for Bosch Global Software Technologies Private Limited. (Rom, Frederick) |
| Filing 9 Notice of Appearance filed by Frederick W. Rom on behalf of Bosch Brake Components, LLC, Bosch Global Software Technologies Private Limited, Robert Bosch, LLC. (Rom, Frederick) |
| Filing 8 Notice of Appearance filed by David Ransom Ortiz on behalf of Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc.. (Ortiz, David) |
| Filing 7 Notice of Appearance filed by Christopher R. Kiger on behalf of Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc.. (Kiger, Christopher) |
| Filing 6 Notice of Appearance filed by Kirk G. Warner on behalf of Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, Inc.. (Warner, Kirk) |
| Filing 5 Financial Disclosure Statement by Slaughter, Inc. identifying Corporate Parent MS Family Enterprises, Inc. for Slaughter, Inc.. (Smith, Allen) |
| Filing 4 Financial Disclosure Statement by MS Family Enterprises, Inc. (Smith, Allen) |
| Filing 3 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel, Douglas B. Abrams & Noah B. Abrams of ABRAMS & ABRAMS, P.A. at 1526 Glenwood Avenue, Raleigh, NC 27608; Jason M. Burton of BURTON LAW FIRM, PLLC at P.O. Box 17061, Raleigh, NC 27619; Charles A. Kinney & Travis R. Joyce of COZEN OCONNOR at 301 South College Street, Suite 2100, Charlotte, NC 28202 and Frederick Rom of WOMBLE BOND DICKINSON, LLP at 555 Fayetteville Street, Suite 1100, Raleigh, North Carolina 27601 mailed via US Mail on October 24, 2023. (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson, 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.) |
| Notice to Counsel regarding: #1 Notice of Removal - All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to MS Family Enterprises, Inc., Slaughter, 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.) |
| Filing 2 Notice of Appearance filed by Allen Coleman Smith on behalf of MS Family Enterprises, Inc., Slaughter, Inc.. (Smith, Allen) |
| Filing 1 NOTICE OF REMOVAL by Harley-Davidson, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company Group, LLC from Northampton County Superior Court, case number 23 CVS 216. (Filing fee $402 receipt number ANCEDC-7322273), filed by Harley-Davidson, Inc., Harley-Davidson Motor Company, Inc., Harley-Davidson Motor Company Operations, Inc., Harley-Davidson Motor Company Group, LLC. (Attachments: #1 Index Index of Exhibits, #2 Exhibit A - Complaint, #3 Exhibit B - Summons - HDMC Inc., #4 Exhibit C - Summons - HD Inc., #5 Exhibit D - Summons - HDMCG LLC, #6 Exhibit E - Summons - HDMCO Inc., #7 Exhibit F - Summons - Slaughter, Inc., #8 Exhibit G - Summons - MS Family Enterprises, #9 Exhibit H - Affidavit of Service (Rocky Mount Cycles), #10 Exhibit I - Affidavit of Service (KV Motorcycle Sales), #11 Exhibit J - Acceptance of Service - MS Family Enterprises and Slaughter Inc, #12 Exhibit K - Def Rocky Mount's Motion to Transfer Venue, #13 Exhibit L - Def Rocky Mount's Answer and Affirmative Defense, #14 Exhibit M - HD's Motion and Order for Extension of Time to respond to complaint, #15 Exhibit N - Bosch Defs Motion and Order for Extension of Time to Respond to Complaint, #16 Exhibit O - Def Slaughter & MS Family - Answer, #17 Exhibit P - RM Cycles Amended Answer and Affirmative Answers, #18 Exhibit Q - Unnamed Def KV Motorcycles Sales MTD, #19 Exhibit R - Harley-Davidson's Motions, Answer and Affirmative Defenses, #20 Exhibit S - Black Cat Work Order Estimate, #21 Exhibit T - Declaration of Kirk G. Warner, #22 Exhibit U - Declaration of Allen C. Smith, #23 Exhibit V - Declaration of Frederick Rom, #24 Civil Cover Sheet, #25 Civil Cover Sheet Supplemental Removal Cover Sheet) (Warner, Kirk) |
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