Kelley v. Enviva LP et al
| James A. Kelley doing business as Kelley Engineering |
| Enviva LP, John Keppler, Norb Hintz, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC and Enviva Pellets Southampton LLC |
| 7:2013cv00197 |
| September 11, 2013 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| ONSLOW |
| Terrence W Boyle |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 32 JUDGMENT: IT IS ORDERED, ADJUDGED, and DECREED that the defendants' Motion to Dismiss [DE 26] is GRANTED. This action is DISMISSED WITHOUT PREJUDICE. The clerk shall close this matter. Signed by Macy B. Fisher, Julie A. Richards, Clerk of Court, on 4/1/2014. Copy mailed to pro se plaintiff via US Mail. (Fisher, M.) |
Filing 31
ORDER GRANTING #26 Defendants' Motion to Dismiss. This action is dismissed without prejudice. The clerk shall enter judgment and close this matter. Signed by US District Judge Terrence W. Boyle on 3/31/2014. Copy mailed to pro se plaintiff via US Mail. (Fisher, M.)
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| MOTION SUBMITTED to US District Judge Terrence W. Boyle: #26 Motion to Dismiss. (Fisher, M.) |
| Filing 30 REPLY to Response to Motion regarding #26 MOTION to Dismiss filed by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Appendix Unpublished Cases) (Boyles, Susan) |
| Filing 28 RESPONSE to Motion regarding #26 MOTION to Dismiss filed by James A. Kelley. (Attachments: #1 Exhibit List, #2 Exhibit - Affidavit of Service of Process) (Grady, B.) |
| Filing 27 Memorandum in Support regarding #26 MOTION to Dismiss filed by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Exhibit 1 (Certificate of Service dated 01/02/2014), #2 Exhibit 2 (fully executed ICA), #3 Exhibit 3 (01/28/2013 Invoice), #4 Appendix Unpublished Cases) (Boyles, Susan) |
| Filing 26 MOTION to Dismiss by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Boyles, Susan) |
| Filing 29 NOTICE - Affidavit of Service of Defendants, filed by James Kelley. (Attachments: #1 Envelope) (Fisher, M.) |
| Filing 25 Summons Issued as to All Defendants. (Grady, B.) |
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Filing 24
ORDER GRANTING IN PART AND DENYING IN PART #14 Defendant's Motion to Dismiss, or in the alternative, Motion to Stay. This action is not dismissed at this time. However, the action is stayed until plaintiff obtains effective service on the defendants. Nothing in this order prevents the defendants from renewing their motion to dismiss at the appropriate time. Signed by US District Judge Terrence W. Boyle on 12/15/2013. Copy mailed via US Mail to pro se plaintiff. (Fisher, M.)
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| MOTION SUBMITTED to US District Judge Terrence W. Boyle: #14 Defendant's Motion to Dismiss for Lack of Jurisdiction, Insufficient Process and Insufficient Service of Process. (Fisher, M.) |
| Filing 23 REPLY to Response to Motion regarding #14 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process and Insufficient Service of Process filed by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Appendix Unpublished Cases) (Boyles, Susan) |
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Filing 22
ORDER GRANTING #20 Defendant's Motion to Stay Discovery Pending Resolution of Motion to Dismiss. The parties shall file a discovery plan within 14 days after an order regarding the Motion to Dismiss has been entered if one or more claims remain in this court. Signed by US Magistrate Judge James E. Gates on 11/25/2013. Copy mailed to pro se plaintiff via US Mail. (Fisher, M.)
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| MOTION REFERRED to US Magistrate Judge James E. Gates: #20 Defendant's Motion to Stay Discovery. (Fisher, M.) |
| Filing 21 Memorandum in Support regarding #20 MOTION to Stay Discovery filed by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Appendix Unpublished Cases) (Boyles, Susan) |
| Filing 20 MOTION to Stay Discovery by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Exhibit A: 11-18-2013 Email, #2 Text of Proposed Order) (Boyles, Susan) |
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Filing 19
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie A. Richards, Clerk of Court, on 11/13/2013. Copy mailed to pro se plaintiff via US Mail. (Fisher, M.)
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| Filing 18 RESPONSE to Motion regarding #14 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process and Insufficient Service of Process filed by James A. Kelley. (Attachments: #1 Exhibit List, #2 Exhibit 1 - Original Summons Tracking, #3 Exhibit 2 - Enviva Officers, #4 Exhibit 3 - Extended Summons, #5 Exhibit 4 - Certification for Re-Service, #6 Exhibit 5 - Re-Service Delivery Tracking & Agents for LLC/LPs) (Grady, B.) |
| Filing 17 Declaration regarding #15 Memorandum in Support, by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Exhibit 1 (Envelope), #2 Exhibit 2 (Contents of Envelope)) (Boyles, Susan) |
| Filing 16 Declaration regarding #15 Memorandum in Support, by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Exhibit 1 (Envelope), #2 Exhibit 2 (Contents of Envelope)) (Boyles, Susan) |
| Filing 15 Memorandum in Support regarding #14 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process and Insufficient Service of Process filed by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Appendix Unpublished Cases) (Boyles, Susan) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction , Insufficient Process and Insufficient Service of Process by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Boyles, Susan) |
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Filing 13
ORDER granting #4 Motion for Extension of Time. Responsive pleadings due 10/9/2013. Signed by Julie A. Richards, Clerk of Court on 9/13/2013. A copy of the order was mailed to the pro se plaintiff. (Sawyer, D.)
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| Filing 12 FINANCIAL DISCLOSURE STATEMENT by John Keppler. (Greene, Dustin) |
| Filing 11 FINANCIAL DISCLOSURE STATEMENT by Norb Hintz. (Greene, Dustin) |
| Filing 10 NOTICE by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler regarding #1 Notice of Removal,, Notice of Deficiency Civil Cover Sheet (Greene, Dustin) |
| Filing 9 FINANCIAL DISCLOSURE STATEMENT by Enviva Pellets Northampton LLC identifying Corporate Parent Enviva, L.P. for Enviva Pellets Northampton LLC. (Boyles, Susan) |
| Filing 8 FINANCIAL DISCLOSURE STATEMENT by Enviva Pellets Ahoskie LLC identifying Corporate Parent Enviva, L.P. for Enviva Pellets Ahoskie LLC. (Boyles, Susan) |
| Filing 7 FINANCIAL DISCLOSURE STATEMENT by Enviva Pellets Southampton LLC identifying Corporate Parent Enviva L.P. for Enviva Pellets Southampton LLC. (Boyles, Susan) |
| Filing 6 FINANCIAL DISCLOSURE STATEMENT by Enviva LP identifying Corporate Parent Enviva GP, LLC, Corporate Parent Enviva MLP Holdco, LLC, Corporate Parent Enviva Holdings, LP, Corporate Parent R/C Wood Pellet Investment Partnership, LP for Enviva LP. (Boyles, Susan) |
| Filing 4 MOTION for Extension of Time to File Answer by Enviva LP, Enviva Pellets Ahoskie LLC, Enviva Pellets Northampton LLC, Enviva Pellets Southampton LLC, Norb Hintz, John Keppler. (Attachments: #1 Text of Proposed Order granting extension of time to answer) (Boyles, Susan) |
| Filing 3 NOTICE of Appearance by Dustin T. Greene on behalf of All Defendants (Greene, Dustin) |
| Filing 2 NOTICE of Appearance by Susan H. Boyles on behalf of All Defendants (Boyles, Susan) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Onslow County Superior Court, case number 13-CVS-3083. ( Filing fee $ 400 receipt number 0417-2637696), filed by All Defendants. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 (Civil Summons), #3 Exhibit 2 (Complaint), #4 Exhibit 3 (Enviva LP Registration Statement), #5 Exhibit 4 (Enviva LP Webpage), #6 Exhibit 5 (Enviva Ahoskie 2013 Annual Report), #7 Exhibit 6 (Enviva Northampton 2013 Annual Report), #8 Exhibit 7 (Virginia Secretary of the Commonweath Webpage)) (Boyles, Susan) |
| NOTICE OF DEFICIENCY regarding: #1 Notice of Removal. Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Moore, L.) |
| MOTION REFERRED to Julie A. Richards, Clerk of Court: #4 MOTION for Extension of Time to File Answer. (Moore, L.) |
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