VOLT Power, LLC v. Butts et al
Plaintiff: VOLT POWER, LLC
Defendant: John Berkner, William "Billy&quo Butts and William "Billy" Butts
Case Number: 7:2019cv00149
Filed: August 9, 2019
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Terrence W Boyle
Nature of Suit: Other Fraud
Cause of Action: 28:1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 27, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2019 Filing 39 Volt Power, LLC's Answer to William "Billy" Butts' Counterclaim ANSWER to #29 Counterclaim by VOLT Power, LLC. (Edwards, Christopher)
September 24, 2019 Opinion or Order 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.)
September 23, 2019 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)
September 19, 2019 ***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.)
September 18, 2019 Filing 36 Notice of Appearance filed by John T. Hays on behalf of VOLT Power, LLC. (Hays, John)
September 17, 2019 Filing 35 Notice of Appearance filed by Marlene C. Williams on behalf of VOLT Power, LLC. (Williams, Marlene)
September 17, 2019 Filing 34 Notice of Appearance filed by Scott R. McLaughlin on behalf of VOLT Power, LLC. (McLaughlin, Scott)
September 16, 2019 Filing 33 Notice of Appearance filed by Christopher S. Edwards on behalf of VOLT Power, LLC. (Edwards, Christopher)
September 16, 2019 Filing 32 Notice of Appearance filed by E. Bradley Evans on behalf of VOLT Power, LLC. (Evans, E.)
September 11, 2019 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)
September 10, 2019 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)
September 10, 2019 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.)
September 6, 2019 Filing 29 ANSWER to #1 Complaint, COUNTERCLAIM against VOLT Power, LLC by William "Billy" Butts. (Attachments: #1 Exhibit) (Kitchin, W.)
September 6, 2019 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.)
September 6, 2019 Opinion or Order 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.)
September 6, 2019 Opinion or Order 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.)
September 6, 2019 Filing 26 RESPONSE regarding #25 Reply to Response to Motion, filed by William "Billy" Butts. (Kitchin, W.)
September 5, 2019 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)
September 5, 2019 Opinion or Order Filing 24 ORDER granting #21 Motion to Seal. Signed by Chief Judge Terrence W. Boyle on 9/5/2019. (Stouch, L.)
September 5, 2019 Opinion or Order 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.)
September 5, 2019 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.)
September 4, 2019 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.)
September 3, 2019 Filing 22 SUMMONS Returned Executed by VOLT Power, LLC. John Berkner served on 8/14/2019, answer due 9/4/2019. (Toups, Benton)
September 3, 2019 Filing 21 MOTION to Seal #19 PROPOSED SEALED Document filed by VOLT Power, LLC. (Attachments: #1 Text of Proposed Order) (Toups, Benton)
September 3, 2019 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.).
September 3, 2019 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.).
August 30, 2019 Filing 18 Proposed Order regarding #17 MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by William "Billy" Butts. (Kitchin, W.)
August 30, 2019 Filing 17 MOTION for Extension of Time to File Answer regarding #1 Complaint,, filed by William "Billy" Butts. (Kitchin, W.)
August 29, 2019 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.)
August 28, 2019 Motion Submitted to Chief Judge Terrence W. Boyle regarding #7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction. (Stouch, L.)
August 27, 2019 Opinion or Order 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.)
August 26, 2019 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.)
August 23, 2019 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.)
August 23, 2019 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.)
August 23, 2019 Filing 13 MOTION for Extension of Time to File Response/Reply as to #10 Order, filed by William "Billy" Butts. (Kitchin, W.)
August 22, 2019 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.)
August 20, 2019 Filing 11 RESPONSE regarding #10 Order, filed by VOLT Power, LLC. (Toups, Benton)
August 19, 2019 Opinion or Order 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.)
August 14, 2019 Filing 9 Financial Disclosure Statement by William "Billy&quo Butts (Kitchin, W.)
August 13, 2019 Filing 8 Notice of Appearance filed by W. Walton Kitchin, Jr on behalf of William "Billy&quo Butts. (Kitchin, W.)
August 12, 2019 Filing 7 MOTION for Temporary Restraining Order , Preliminary Injunction and Permanent Injunction filed by VOLT Power, LLC. (Toups, Benton)
August 12, 2019 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.)
August 12, 2019 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.)
August 9, 2019 Filing 5 Financial Disclosure Statement by VOLT POWER, LLC (Toups, Benton)
August 9, 2019 Filing 4 Notice of Appearance filed by Patrick Melton Mincey on behalf of VOLT POWER, LLC. (Mincey, Patrick)
August 9, 2019 Filing 3 Notice of Appearance filed by Benton Louis Toups on behalf of VOLT POWER, LLC. (Toups, Benton)
August 9, 2019 Filing 2 Memorandum in Support of Its Application for Temporary Restraining Order, Preliminary Injunction, and Permanent Injunction filed by VOLT POWER, LLC. (Toups, Benton)
August 9, 2019 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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Search for this case: VOLT Power, LLC v. Butts et al
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Defendant: John Berkner
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Defendant: William "Billy&quo Butts
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Defendant: William "Billy" Butts
Represented By: W. Walton Kitchin, Jr.
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Plaintiff: VOLT POWER, LLC
Represented By: Patrick Melton Mincey
Represented By: Benton Louis Toups
Represented By: Christopher S. Edwards
Represented By: Jenna F. Butler
Represented By: E. Bradley Evans
Represented By: Marlene C. Williams
Represented By: John T. Hays
Represented By: Scott R. McLaughlin
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