Oxendine v. Dollar Tree Stores, Inc.
| Anthony Oxendine |
| Dollar Tree Stores, Inc. |
| 7:2018cv00182 |
| October 9, 2018 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| James E Gates |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 6, 2019. A more recent docket listing may be available from PACER.
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Filing 29
SCHEDULING ORDER: Discovery due by 9/6/2019. Mediation Deadline set for 9/6/2019. Motions due by 10/4/2019. Signed by Magistrate Judge James E. Gates on 12/3/2018. (Horton, B.)
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| Remark - Case referred to Peter A. Moore, Jr., Clerk of Court, for entry of order reassigning case to magistrate judge. (Collins, S.) |
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TEXT ORDER regarding #28 Rule 26(f) Report (joint) filed by Anthony Oxendine. This matter comes now before the court upon joint report of the parties in accordance with the court's initial order regarding planning and scheduling. The parties report agreement to magistrate judge jurisdiction and do not desire conference in advance of entry of a case management order. The court DIRECTS the clerk to assign the case to a full-time magistrate judge. Signed by District Judge Louise Wood Flanagan on 11/30/2018. (Collins, S.)
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| TEXT ORDER REASSIGNING CASE. At the direction of the Court, this case is reassigned to United States Magistrate Judge James E. Gates for all further proceedings. United States District Judge Louise Wood Flanagan is no longer assigned to the case. All future filings shall reflect the revised case number of 7:18-CV-182-JG. Signed by Peter A. Moore, Jr., Clerk of Court on 11/30/2018. (Hockaday, A.) |
| Filing 28 Rule 26(f) Report (joint) filed by Anthony Oxendine. (Morton, Jonathan) |
| Filing 27 RESPONSE to Motion regarding #25 MOTION to Remand filed by Dollar Tree Stores, Inc.. (Cannon, Michael) |
| Filing 26 Memorandum in Support regarding #25 MOTION to Remand filed by Anthony Oxendine. (Attachments: #1 Exhibit Exhibit 1 -- Am-Rail v A&K, #2 Exhibit Exhibit 2 -- Cargo Logistics v Xtra Lease, #3 Exhibit Exhibit 3 -- Smith v Phillips & Jordan) (Morton, Jonathan) |
| Filing 25 MOTION to Remand filed by Anthony Oxendine. (Attachments: #1 Text of Proposed Order Proposed Remand Order) (Morton, Jonathan) |
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Filing 24
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 12/3/18. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 10/29/2018. (Collins, S.)
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| Filing 23 Certificate of Service filed by Anthony Oxendine regarding #22 Financial Disclosure Statement . (Morton, Jonathan) |
| Filing 22 Financial Disclosure Statement by Anthony Oxendine (Morton, Jonathan) |
| Filing 21 Certificate of Service filed by Anthony Oxendine regarding #20 Notice of Appearance . (Morton, Jonathan) |
| Filing 20 Notice of Appearance filed by Jonathan Lee Morton on behalf of All Plaintiffs. (Morton, Jonathan) |
| NOTICE OF DEFICIENCY regarding #16 Financial Disclosure Statement, #14 Notice of Appearance. Counsel must refile this document pursuant to Section IV.B. of the court's CM/ECF Policies and Procedures Manual requiring 'flattened' versions of fillable documents and forms to be filed in order to prevent manipulation of the form's data. (Collins, S.) |
| Filing 19 Certificate of Service filed by Anthony Oxendine regarding #18 Notice of Appearance . (Davis, Katherine) |
| Filing 18 Notice of Appearance filed by Katherine H. Davis on behalf of All Plaintiffs. (Davis, Katherine) |
| Filing 17 Certificate of Service filed by Anthony Oxendine regarding #16 Financial Disclosure Statement . (Morton, Jonathan) |
| Filing 16 **Disregard - Corrected and refiled at #22 ** Financial Disclosure Statement by Anthony Oxendine (Morton, Jonathan) Modified on 10/29/2018 (Collins, S.). |
| Filing 15 Certificate of Service filed by Anthony Oxendine regarding #14 Notice of Appearance . (Morton, Jonathan) |
| Filing 14 **Disregard - Corrected and refiled at #20 ** Notice of Appearance filed by Jonathan Lee Morton on behalf of All Plaintiffs. (Morton, Jonathan) Modified on 10/29/2018 (Collins, S.). |
| NOTICE OF DEFICIENCY regarding #10 Notice of Appearance, #12 Financial Disclosure Statement. Counsel must refile these documents pursuant to Section IV.B. of the court's CM/ECF Policies and Procedures Manual requiring 'flattened' versions of fillable documents and forms to be filed in order to prevent manipulation of the form's data. (Collins, S.) |
| Filing 13 Certificate of Service filed by Anthony Oxendine regarding #12 Financial Disclosure Statement . (Morton, Jonathan) |
| Filing 12 **Disregard - Corrected and refiled at #22 ** Financial Disclosure Statement by Anthony Oxendine (Morton, Jonathan) Modified on 10/29/2018 (Collins, S.). |
| Filing 11 Certificate of Service filed by Anthony Oxendine regarding #10 Notice of Appearance . (Morton, Jonathan) |
| Filing 10 **Disregard - Corrected and refiled at #20 ** Notice of Appearance filed by Jonathan Lee Morton on behalf of All Plaintiffs. (Morton, Jonathan) Modified on 10/29/2018 (Collins, S.). |
| Filing 9 Certificate of Service filed by Dollar Tree Stores, Inc. for Notice of Appearance. (Cannon, Michael) |
| Filing 8 Certificate of Service filed by Dollar Tree Stores, Inc. for Financial Disclosure Statement. (Cannon, Michael) |
| 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. Please serve this list on all parties. (Horton, B.) |
| Filing 7 ANSWER to Complaint with Jury Demand by Dollar Tree Stores, Inc.. (Cannon, Michael) |
| Filing 6 Financial Disclosure Statement by Dollar Tree Stores, Inc. (Cannon, Michael) |
| NOTICE OF DEFICIENCY regarding #6 Financial Disclosure Statement - A Certificate of Service should accompany this filing. Counsel is directed to file the Certificate of Service using the event code titled as such located under the "Service of Process" category of civil filing events. (Tripp, S.) |
| NOTICE OF DEFICIENCY regarding #4 Motion for Disclosure. Wrong event used. This document is not a motion. Counsel shall refile using the event Financial Disclosure Statement. (Collins, S.) |
| NOTICE OF DEFICIENCY regarding #3 Notice of Appearance. A Certificate of Service should accompany this filing. Counsel is directed to file the Certificate of Service using the event code titled as such located under the "Service of Process" category of civil filing events. (Collins, S.) |
| Notice to Counsel regarding: #5 Notice of Removal. Pursuant to Section V(E) of the CM/ECF Policies and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text. The clerk's office has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Collins, S.) |
| Filing 5 NOTICE OF REMOVAL by Dollar Tree Stores, Inc. from Robeson, case number 18-CV-2290. ( Filing fee $ 400 receipt number 26CP6E9C), filed by Dollar Tree Stores, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Removal Cover Sheet, #3 State Court Pleadings) (Cannon, Michael) Modified on 10/11/2018 by case manager to identify exhibits. (Collins, S.). |
| Filing 4 MOTION for Disclosure filed by Dollar Tree Stores, Inc.. (Cannon, Michael) |
| Filing 3 Notice of Appearance filed by Michael A. Cannon on behalf of Dollar Tree Stores, Inc.. (Cannon, Michael) |
| Filing 2 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiffs' counsel Katherine H. Davis of Huggins, Pounds & Davis, LLP at P.O. Box 1571, Lumberton, NC 28359 via US Mail on October 10, 2018. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal - Counsel's signature line does not comply with Section IV.D.1 of the CM/ECF Policies and Procedures Manual. The signature line should read "/s/Michael A. Cannon". Counsel is directed to refile the document. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal: Counsel has failed to file the JS44 Civil Cover Sheet and the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). These forms can be found on the court's website and can be filed using the event "Notice-Other". Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Dollar Tree Stores, 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 - Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Rudd, D.) |
| Filing 1 **Disregard - Corrected and Refiled at #5 ** NOTICE OF REMOVAL by Dollar Tree Stores, Inc. from Robeson, case number 18-CV-2290. ( Filing fee $ 400 receipt number 0417-4681853), filed by Dollar Tree Stores, Inc.. (Attachments: #1 Exhibit) (Cannon, Michael) Modified on 10/11/2018 (Collins, S.). |
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| Plaintiff: Anthony Oxendine | |
| Represented By: | Jonathan Lee Morton |
| Represented By: | Katherine H. Davis |
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| Defendant: Dollar Tree Stores, Inc. | |
| Represented By: | Michael A. Cannon |
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