VOLT Power, LLC v. Butts et al
| VOLT POWER, LLC |
| John Berkner, William "Billy&quo Butts and William "Billy" Butts |
| 7:2019cv00149 |
| August 9, 2019 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Other Fraud |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on August 24, 2021. A more recent docket listing may be available from PACER.
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Filing 39
Volt Power, LLC's Answer to William "Billy" Butts' Counterclaim ANSWER to #29 Counterclaim by VOLT Power, LLC. (Edwards, Christopher)
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Filing 38
ORDER granting #37 Motion to Continue. The parties will be notified of the rescheduled hearing date. Signed by Chief Judge Terrence W. Boyle on 9/24/2019. (Stouch, L.)
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Filing 37
MOTION to Continue Preliminary Injunction Hearing filed by VOLT Power, LLC. (Attachments: #1 Exhibit 1 - Email, #2 Text of Proposed Order) (Butler, Jenna)
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***Reset Hearing as to #7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction. Preliminary Injunction Hearing set for 9/25/2019 at 03:00 PM in Raleigh - 5th Floor Courtroom before Chief Judge Terrence W. Boyle. (Stouch, L.)
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Filing 36
Notice of Appearance filed by John T. Hays on behalf of VOLT Power, LLC. (Hays, John)
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Filing 35
Notice of Appearance filed by Marlene C. Williams on behalf of VOLT Power, LLC. (Williams, Marlene)
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Filing 34
Notice of Appearance filed by Scott R. McLaughlin on behalf of VOLT Power, LLC. (McLaughlin, Scott)
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Filing 33
Notice of Appearance filed by Christopher S. Edwards on behalf of VOLT Power, LLC. (Edwards, Christopher)
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Filing 32
Notice of Appearance filed by E. Bradley Evans on behalf of VOLT Power, LLC. (Evans, E.)
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Filing 31
Notice of Substitution of Counsel filed by Jenna F. Butler on behalf of VOLT Power, LLC substituting for Benton L. Toups and Patrick M. Mincey. (Butler, Jenna)
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Filing 30
MOTION for Entry of Default as to Defendant John Berkner filed by VOLT Power, LLC. (Attachments: #1 Exhibit A - August 8, 2019 Email, #2 Exhibit B - Declaration of John Hays, #3 Text of Proposed Order) (Toups, Benton)
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Reset Hearing as to #7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction. Preliminary Injunction Hearing reset for 9/25/2019 at 03:00 PM in Raleigh - Courtroom TBA before Chief Judge Terrence W. Boyle. *Time and location change.* (Stouch, L.)
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Filing 29
ANSWER to #1 Complaint, COUNTERCLAIM against VOLT Power, LLC by William "Billy" Butts. (Attachments: #1 Exhibit) (Kitchin, W.)
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Filing 28
NOTICE of Hearing regarding #7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction: Preliminary Injunction Hearing set for 9/25/2019 at 11:00 AM in Elizabeth City - Courtroom before Chief Judge Terrence W. Boyle. (Stouch, L.)
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Filing 27
ORDER denying #7 Motion for Temporary Restraining Order. A hearing on plaintiffs request for a preliminary injunction will be held before the undersigned on Wednesday, September 25, 2019, at 11:00 a.m. at the United States Courthouse, 306 East Main Street, Elizabeth City, North Carolina. Signed by Chief Judge Terrence W. Boyle on 9/6/2019. (Stouch, L.)
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Filing 26
RESPONSE regarding #25 Reply to Response to Motion, filed by William "Billy" Butts. (Kitchin, W.)
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TEXT ORDER - Plaintiff is DIRECTED to serve #27 Order on defendant John Berkner and file proof of service of the same. Entered by Chief Judge Terrence W. Boyle on 9/6/2019. (Stouch, L.)
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Filing 25
REPLY to Response to Motion regarding #7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction filed by VOLT Power, LLC. (Attachments: #1 Exhibit A - Declaration of Randall Willis, #2 Exhibit B - Equity Incentive Plan (Filed Under Seal)) (Toups, Benton)
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Filing 24
ORDER granting #21 Motion to Seal. Signed by Chief Judge Terrence W. Boyle on 9/5/2019. (Stouch, L.)
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Filing 23
ORDER granting #17 Motion for Extension of Time to Answer regarding #1 Complaint. William "Billy" Butts answer due 9/11/2019. Signed by Chief Judge Terrence W. Boyle on 9/5/2019. (Stouch, L.)
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Motion Submitted to Chief Judge Terrence W. Boyle regarding #21 MOTION to Seal #19 PROPOSED SEALED Document, #17 MOTION for Extension of Time to File Answer regarding #1 Complaint. (Stouch, L.)
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Notice to Counsel: Each attorney must file a notice of appearance. This should be done using each attorney's CM/ECF accounts. The CM/ECF electronic filing and docketing system does not recognize filings made on behalf of other attorneys for purposes of appearing on the court's docket. The appropriate form for becoming a registered e filer in this district is available to out of district counsel on this court's website www.nced.uscourts.gov. (Stouch, L.)
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Filing 22
SUMMONS Returned Executed by VOLT Power, LLC. John Berkner served on 8/14/2019, answer due 9/4/2019. (Toups, Benton)
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Filing 21
MOTION to Seal #19 PROPOSED SEALED Document filed by VOLT Power, LLC. (Attachments: #1 Text of Proposed Order) (Toups, Benton)
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Filing 20
SEALED Memorandum in Support (Selected Participants Only)by Benton L. Toups (available to: Defendants John Berkner, William "Billy" Butts, Plaintiff VOLT Power, LLC) regarding #19 PROPOSED SEALED Document. (Toups, Benton) Modified on 9/5/2019 to delete the word proposed (Stouch, L.).
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Filing 19
SEALED Document: (Selected Participants Only)by Benton L. Toups (available to: Defendants John Berkner, William "Billy" Butts, Plaintiff VOLT Power, LLC). (Toups, Benton) Modified on 9/5/2019 to delete the word proposed (Stouch, L.).
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Filing 18
Proposed Order regarding #17 MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by William "Billy" Butts. (Kitchin, W.)
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Filing 17
MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by William "Billy" Butts. (Kitchin, W.)
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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. (Stouch, L.)
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Motion Submitted to Chief Judge Terrence W. Boyle regarding #7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction. (Stouch, L.)
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Filing 16
ORDER granting #13 Motion for Extension of Time to File Response regarding #7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction. Response due by 8/27/2019. Signed by Chief Judge Terrence W. Boyle on 8/27/2019. (Stouch, L.)
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Motion Submitted to Chief Judge Terrence W. Boyle regarding #13 MOTION for Extension of Time to File Response/Reply as to #10 Order. (Stouch, L.)
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Filing 15
RESPONSE in Opposition regarding #7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction filed by William "Billy" Butts. (Attachments: #1 Affidavit Of William Butts) (Kitchin, W.)
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Filing 14
Proposed Order regarding #13 MOTION for Extension of Time to File Response/Reply as to #10 Order, filed by William "Billy" Butts. (Kitchin, W.)
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Filing 13
MOTION for Extension of Time to File Response/Reply as to #10 Order, filed by William "Billy" Butts. (Kitchin, W.)
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Filing 12
MOTION for Extension of Time to File Response/Reply as to #10 Order, filed by William "Billy" Butts. (Attachments: #1 Text of Proposed Order) (Kitchin, W.)
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Filing 11
RESPONSE regarding #10 Order, filed by VOLT Power, LLC. (Toups, Benton)
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Filing 10
ORDER regarding #7 MOTION for Temporary Restraining Order, Preliminary Injunction and Permanent Injunction filed by VOLT Power, LLC. Defendant William "Billy" Butts, having appeared through counsel, shall file his response to the request for temporary restraining order not later than August 23, 2019. Signed by Chief Judge Terrence W. Boyle on 8/16/2019. (Stouch, L.)
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Filing 9
Financial Disclosure Statement by William "Billy&quo Butts (Kitchin, W.)
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Filing 8
Notice of Appearance filed by W. Walton Kitchin, Jr on behalf of William "Billy&quo Butts. (Kitchin, W.)
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Filing 7
MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction filed by VOLT Power, LLC. (Toups, Benton)
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Filing 6
Summons Issued as to John Berkner, William "Billy&quo Butts. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.)
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NOTICE OF DEFICIENCY regarding #1 Complaint. A motion was filed within the complaint. The document should have been filed using a motion event. Counsel is directed to refile the document using the proper motion event. (Rudd, D.)
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Filing 5
Financial Disclosure Statement by VOLT POWER, LLC (Toups, Benton)
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Filing 4
Notice of Appearance filed by Patrick Melton Mincey on behalf of VOLT POWER, LLC. (Mincey, Patrick)
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Filing 3
Notice of Appearance filed by Benton Louis Toups on behalf of VOLT POWER, LLC. (Toups, Benton)
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Filing 2
Memorandum in Support of Its Application for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction filed by VOLT POWER, LLC. (Toups, Benton)
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Filing 1
COMPLAINT AND APPLICATION FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION AND PERMANENT INJUNCTION against John Berkner, William "Billy&quo Butts ( Filing fee $ 400 receipt number 26JD8MHB.), filed by VOLT POWER, LLC. (Attachments: #1 Index, #2 Exhibit A Declaration of Randall Willis, #3 Exhibit B Executive Common Unit & Profits Unit Agreement, #4 Exhibit C Declaration of Glenn S. Dardick, #5 Exhibit D - Email Correspondence between Butts and Berkner regarding Butts' Resignation, #6 Civil Cover Sheet, #7 Proposed Summons - William "Billy" Butts, #8 Proposed Summons - John Berkner) (Toups, Benton)
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