Clayton v. Henderson Investors, LLC et al
| Chris Clayton |
| Henderson Investors, LLC and The Sherwin-Williams Company |
| 5:2024cv00084 |
| February 12, 2024 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Robert T Numbers |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
Docket Report
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Filing 19
SCHEDULING ORDER. Signed by U.S. Magistrate Judge Robert T. Numbers, II on 4/10/2024. (McNally, Kimberly)
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| NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. The Selection of Mediator form must be electronically filed on or before 5/1/2024. (McNally, Kimberly) |
| Filing 18 Notice of Appearance filed by Scott Hunsaker on behalf of The Sherwin-Williams Company. (Hunsaker, Scott) |
| Document Referred: #17 Joint Rule 26(f) Report referred to U.S. Magistrate Judge Robert T. Numbers, II. (McNally, Kimberly) |
| Filing 17 Rule 26(f) Report (joint) filed by Henderson Investors, LLC, The Sherwin-Williams Company. (Walker, Charissa) |
| Filing 16 Corrected ANSWER to Complaint by Henderson Investors, LLC. (Stephenson, Jeremy) Modified on 3/8/2024 (McNally, Kimberly). |
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Filing 15
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 3/6/2024. (McNally, Kimberly)
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| Filing 14 ANSWER to Complaint by Henderson Investors, LLC. (Stephenson, Jeremy) |
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Filing 13
ORDER granting #10 Motion for Leave to File Answer Out of Time. Signed by U.S. Magistrate Judge Robert T. Numbers, II on 3/6/2024. (McNally, Kimberly)
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| Notice to Counsel regarding: #14 Answer to Complaint (Notice of Removal). Attorney Cheek should file a notice of appearance in accordance with Local Civil Rule 5.2 (a), and refrain from signing documents filed in this action until an appearance is entered. (McNally, Kimberly) |
| Motion Referred to US Magistrate Judge Robert T. Numbers, II regarding #10 Consent MOTION for Leave to File Answer Out of Time. (McNally, Kimberly) |
| Filing 12 Notice of Appearance filed by Jeremy A. Stephenson on behalf of Henderson Investors, LLC. (Stephenson, Jeremy) |
| Filing 11 Proposed Order regarding #10 Consent MOTION for Leave to File filed by Henderson Investors, LLC. (Stephenson, Jeremy) |
| Notice to Counsel regarding: #10 Motion. Counsel is directed to file their notice(s) of appearance using the appropriate event. Counsel is reminded that 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 their own notice of appearance to be recognized by the court as counsel of record for a party. (McNally, Kimberly) |
| Notice of Deficiency regarding: #10 Motion for Leave to File Answer Out of Time. 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, please also email the proposed order in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (McNally, Kimberly) |
| Filing 10 Consent MOTION for Leave to File filed by Henderson Investors, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Stephenson, Jeremy) |
| Filing 9 Notice directing plaintiff to proceed after failure to answer in accordance with Rule 55 of the Federal Rules of Civil Procedure within twenty-one (21) days of receipt of this notice. (McNally, Kimberly) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. (McNally, Kimberly) |
| Filing 8 Financial Disclosure Statement by Chris Clayton (Horton, Devlin) |
| Filing 7 Notice of Appearance filed by Devlin K. Horton on behalf of Chris Clayton. (Horton, Devlin) |
| Filing 6 Notice filed by The Sherwin-Williams Company regarding #1 Notice of Removal,, Notice of Filing Notice of Removal With State Court. (Walker, Charissa) |
| Filing 5 Defendant The Sherwin-Williams Company's Answer and Affirmative Defenses to Plaintiff's Complaint ANSWER to Complaint by The Sherwin-Williams Company. (Walker, Charissa) |
| Filing 4 Financial Disclosure Statement by The Sherwin-Williams Company (Walker, Charissa) |
| Filing 3 Notice of Appearance filed by Charissa N. Walker on behalf of The Sherwin-Williams Company. (Walker, Charissa) |
| Filing 2 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Devlin K. Horton of Horton & Mendez, 6105 Oleander Dr., Ste. 102, Wilmington, NC 28403 and Counsel for Defendant, Henderson Investors LLC, Jeremy A. Stephenson of Wilson Elser Moskowitz Edelman & Dicker, LLP at 515 N. Tryon St., Ste. 1600, Charlotte, NC 28202 mailed via US Mail on February 20, 2024. (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to The Sherwin-Williams Company. 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 - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| Filing 1 NOTICE OF REMOVAL by The Sherwin-Williams Company from NC Superior Court County of Granville, case number 23-CVS-1135. ( Filing fee $ 405 receipt number ANCEDC-7472225), filed by The Sherwin-Williams Company. (Attachments: #1 Exhibit A - Complaint from Superior Court Granville, Granville County, NC, #2 Exhibit B - Affidavit of Service, #3 Exhibit C - Notice of Service of Process, #4 Exhibit D - Consent to Remove by DE Henderson Investors, #5 Exhibit E - DE Sherwin-Williams 2022 Annual Report, #6 Exhibit F - DE Henderson Investors 2024 Annual Report, #7 Civil Cover Sheet Civil Cover Sheet, #8 Supplement Supplemental Removal Cover Sheet) (Walker, Charissa) |
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