Bryant v. Core Contents Restoration, LLC et al
| Cathleen Bryant |
| Adriane B. Null, Yvonne D. McCormick, Nicole S. McCormick, Karen J. Koss and Core Contents Restoration, LLC |
| 7:2020cv00040 |
| March 2, 2020 |
| US District Court for the Eastern District of North Carolina |
| Southern Division Office |
| Richard E Myers |
| Commerce ICC Rates, Etc. |
| 49 U.S.C. § 81 |
| Plaintiff |
Docket Report
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| REMINDER TO COUNSEL regarding #36 . Pursuant to Judge Myers Practice Preferences, counsel shall provide a courtesy copy of any motion, memorandum, or brief which exceeds 30 pages or of any exhibits which exceed a total of 30 pages, by mailing or delivering to the attention of the Clerk, U.S. District Court, 1003 South 17th Street, Wilmington, NC 28401. The courtesy copies of any motion, memorandum, or brief and supporting exhibits which exceed a combined total of 100 pages shall be submitted in a three-ring binder. (Edwards, S.) |
| Filing 37 Memorandum in Support regarding #36 Motion For Leave to File An Amended Memorandum in Support of Their #32 Memorandum in Support of their Motion to Dismiss filed by Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, Adriane B. Null. (Hicks, Warren) |
| Filing 36 MOTION For Leave to File An Amended Memorandum in Support of Their #32 Memorandum in Support of their Motion to Dismiss filed by Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, Adriane B. Null. (Attachments: #1 Supplement Proposed Amended Memorandum in Support, #2 Supplement REDLINED Proposed Amended Memorandum in Support, #3 Supplement Proposed Supplemental Exhibit C to Memorandum, #4 Text of Proposed Order) (Hicks, Warren) |
Filing 35
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 4/16/2020. Copy sent to Cathleen Bryant 2117 Lenox Street, Jacksonville, NC 28546 via US Mail. (Edwards, S.)
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| Filing 34 Rule 12 Letter Issued as to #31 MOTION to Dismiss Per Fed. R. Civ. P. 12(b)(3), (7) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Per Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction Per Fed. R. Civ. P. 12(b)(1),(2) MOTION for More Definite Statement Per Fed. R. Civ. P. 12(b)(e). Response due by 5/8/2020. Copy sent to Cathleen Bryant, 2117 Lenox Street, Jacksonville, NC 28546 via US Mail. (Edwards, S.) |
| Notice to Counsel regarding: #32 Memorandum in Support. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit 1" is not a sufficient description). Case administrator corrected the docket text to include document descriptions for each exhibit. Counsel is reminded to comply with this rule on future filings to avoid having to refile your documents. No further action is required at this time. (Edwards, S.) |
| Filing 33 RESPONSE in Opposition regarding #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, Adriane B. Null. (Hicks, Warren) |
| Filing 32 Memorandum in Support regarding #31 MOTION to Dismiss Per Fed. R. Civ. P. 12(b)(3), (7) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Per Fed. R. Civ. P. 12(b)(6) MOTION to Dismiss for Lack of Jurisdiction Per Fed. R. Civ. P. 12(b)(1),(2) MOTION for More Definite Statement Per Fed. R. Civ. P. 12(b)(e) filed by Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, Adriane B. Null. (Attachments: #1 Exhibit 1 - Work Authorization Agreement & Direction to Pay, #2 Exhibit 2 - Copy of Mitchell v. Walters 2010 U.S. Dist.LEXIS 93265 Opinion) (Hicks, Warren) |
| Filing 31 MOTION to Dismiss Per Fed. R. Civ. P. 12(b)(3), (7), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Per Fed. R. Civ. P. 12(b)(6), MOTION to Dismiss for Lack of Jurisdiction Per Fed. R. Civ. P. 12(b)(1),(2), MOTION for More Definite Statement Per Fed. R. Civ. P. 12(b)(e) filed by Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, Adriane B. Null. (Attachments: #1 Text of Proposed Order) (Hicks, Warren) |
| Filing 30 Minute Entry for proceedings held before District Judge Richard E. Myers II in Wilmington: Scheduling Conference held on 4/14/2020. Counsel for the defendants were present telephonically. Plaintiff failed to appear telephonically as previously instructed. The court attempted to reach the plaintiff via telephone and was unable to do so. The hearing concluded and may be reset at a later date. (Court Reporter Risa Kramer) (Edwards, S.) |
| Filing 29 Corrected Financial Disclosure Statement by Nicole S. McCormick (Hicks, Warren) |
| Filing 28 Corrected Financial Disclosure Statement by Adriane B. Null (Hicks, Warren) |
| Filing 27 Corrected Financial Disclosure Statement by Karen J. Koss (Hicks, Warren) |
| Filing 26 Corrected Financial Disclosure Statement by Yvonne D. McCormick (Hicks, Warren) |
| Filing 25 Corrected Financial Disclosure Statement by Core Contents Restoration, LLC (Hicks, Warren) |
| Filing 24 Financial Disclosure Statement by Nicole S. McCormick (Hicks, Warren) |
| Filing 23 Financial Disclosure Statement by Adriane B. Null (Hicks, Warren) |
| Filing 22 Financial Disclosure Statement by Karen J. Koss (Hicks, Warren) |
| Filing 21 Financial Disclosure Statement by Yvonne D. McCormick (Hicks, Warren) |
| Filing 20 Financial Disclosure Statement by Core Contents Restoration, LLC (Hicks, Warren) |
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Filing 19
ORDER granting #16 Motion for Extension of Time to Answer as to defendants Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, and Adriane B. Null - answer due by 4/14/2020; granting #16 Motion for Extension of Time to File response to Plaintiff's Motion for a Temporary, Preliminary, and Permanent Injunction up to and including 4/14/2020. It is further ORDERED that the temporary restraining order entered on 3/3/2020 [DE-8], and extended for good cause shown on 3/18/2020 [DE-14], is further EXTENDED until 4/14/2020. Plaintiff will not be required to post any further security bond. It is further ORDERED that a telephonic scheduling conference is set for April 14, 2020 at 10:00 a.m. Conference call instructions will be emailed to counsel for Defendants and sent by mail to Plaintiff following the entry of this order. Signed by District Judge Richard E. Myers II on 4/1/2020. Copy sent to Cathleen Bryant 2117 Lenox Street, Jacksonville, NC 28546 via US Mail. (Edwards, S.)
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| Filing 18 AMENDED CERTIFICATE OF SERVICE regarding #16 First MOTION for Extension of Time to File Answer or otherwise plead filed by Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, Adriane B. Null. (Hicks, Warren) |
| **** Set Hearing: Scheduling Conference set for 4/14/2020 at 10:00 AM in Wilmington Courtroom #160 Telephonically before District Judge Richard E. Myers II. (Edwards, S.) |
| NOTICE OF CORRECTION regarding: #18 Motion to Amend. Counsel incorrectly selected a motion event to file in the Amended Certificate of Service at #18 . The deputy clerk corrected the docket text and terminated the entry as a motion. No further action by counsel required. (Edwards, S.) |
| Filing 17 Notice of Appearance filed by Warren Kuhn Hicks on behalf of All Defendants. (Hicks, Warren) |
| Filing 16 First MOTION for Extension of Time to File Answer or otherwise plead, First MOTION for Extension of Time to File Reply to Motions for Injunction filed by Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, Adriane B. Null. (Attachments: #1 Text of Proposed Order) (Hicks, Warren) |
| Motion Submitted to District Judge Richard E. Myers II regarding #16 First MOTION for Extension of Time to File Answer or otherwise plead and First MOTION for Extension of Time to File Response to Motions for Injunction. (Edwards, S.) |
| Notice to Counsel regarding: #16 Motion for Extension of Time to File Answer. All Counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Edwards, S.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement regarding #16 Motion for Extension of Time to File Answer. 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. (Edwards, S.) |
| Filing 15 Document: Copy of Receipt for payment of $450.00 pursuant to the #14 order, filed by Cathleen Bryant. (Edwards, S.) |
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Filing 14
ORDER granting #11 Motion for Extension of Temporary Restraining Order. The Temporary Restraining Order entered on 3/3/2020 [DE-8], is EXTENDED until 3/31/2020. It is further ORDERED that Plaintiff Cathleen Bryant is DIRECTED to pay to the clerk an additional $450.00 dollars as security within five (5) business days of the date of the entry of this order. Signed by District Judge Richard E. Myers, II on 3/18/2020. Copy sent to Cathleen Bryant, 2117 Lenox Street, Jacksonville, NC 28546 via US Mail. (Edwards, S.)
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| Filing 13 Affidavit of Service for Complaint, Motion for TRO, Preliminary and Permanent Injunctive Relief, and Summons filed by Cathleen Bryant served on Adrian B. Null on 3/11/2020. (Edwards, S.) |
| Filing 12 SUMMONS Returned Executed by Cathleen Bryant. Core Contents Restoration, LLC served on 3/5/2020, answer due 3/26/2020. (Edwards, S.) |
| Filing 11 MOTION for Extension of Temporary Restraining Order filed by Cathleen Bryant. (Attachments: #1 Text of Proposed Order) (Edwards, S.) |
| Motion Submitted to District Judge Richard E. Myers II regarding #11 MOTION for Extension of Temporary Restraining Order. (Edwards, S.) |
| Filing 10 Document: Copy of Receipt for payment of $450.00 pursuant to the #8 order, filed by Cathleen Bryant. (Edwards, S.) |
| Filing 9 Notices of Lawsuit and Request to Waive Service of Summons filed by Cathleen Bryant regarding #1 Complaint. Served on Defendants K. Koss, A. Null, N. McCormick and Y. McCormick. (Edwards, S.) |
| Case transferred in from Eastern Division on 03/03/2020. Previous Case Number was 4:20-cv-40-M. (Edwards, S.) |
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Filing 8
ORDER granting in part and denying in part #4 Motion for Temporary Restraining Order; holding in abeyance #4 Motion for Preliminary Injunction; and #4 Motion for Permanent Injunction. It is further ORDERED that Plaintiff Cathleen Bryant is DIRECTED to pay to the clerk four hundred fifty (450) dollars as security, pursuant to Rule 65(c) of the Federal Rules of Civil Procedure, within three (3) business days of the date of the entry of this order. It is further ORDERED that this temporary restraining order shall remain in full force and effect for fourteen (14) days from the date of the entry of this order or until the Court orders otherwise, whichever is earlier. Signed by District Judge Richard E. Myers II on 3/3/2020. Copy sent to Cathleen Bryant, 2117 Lenox Street, Jacksonville, NC 28546 via US Mail. (Edwards, S.)
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Filing 7
ORDER Redesignating Division. All future documents shall reflect the new case number of 7:20-CV-40-M. No further filing shall be made in 4:20-CV-40-M. Signed by Peter A. Moore, Jr., Clerk of Court on 3/3/2020. Copy sent to Cathleen Bryant, 2117 Lenox Street, Jacksonville, NC 28546 via US Mail. (Edwards, S.)
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| Motion Submitted to District Judge Richard E. Myers II regarding #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction. (Edwards, S.) |
| Remark - This case should have been filed in the Southern division. The Clerk will enter a reassignment order correcting the error. (Rudd, D.) |
| Filing 6 Summons Issued as to Core Contents Restoration, LLC, Karen J. Koss, Nicole S. McCormick, Yvonne D. McCormick, Adriane B. Null. Summons issued at intake. (Rudd, D.) |
| Filing 5 Memorandum in Support regarding #4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Permanent Injunction filed by Cathleen Bryant. (Rudd, D.) |
| Filing 4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, MOTION for Permanent Injunction filed by Cathleen Bryant. (Rudd, D.) |
| Filing 3 Financial Disclosure Statement filed by Cathleen Bryant. (Rudd, D.) |
| Filing 2 Notice of Self-Representation filed by Cathleen Bryant. (Rudd, D.) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400.00 receipt number NEW001074), filed by Cathleen Bryant. (Attachments: #1 Index of Exhibits to Complaint, #2 Exhibit A- Photograph of Dining Room, #3 Exhibit B- Vault Inventory List, #4 Exhibit C- Box Inventory List, #5 Exhibit D- Picture of Silver Forks, #6 Exhibit E- January 2019 estimate, #7 Exhibit F- Invoice dated January 2019, #8 Exhibit G- Photographs that accompained January 2019 estimate, #9 Exhibit H- April 2019 estimate from Yvonne, #10 Exhibit I- April 2019 estimate from Nicole, #11 Exhibit J- Invoice dated April 2019 Florida, #12 Exhibit K- Invoice dated April 2019 North Carolina, #13 Exhibit L- Invoice dated December 2019, #14 Exhibit M- No arehouse receipt from Core, #15 Exhibit N- No bill of landing from Core, #16 Exhibit O- Missing items pulled for sale, #17 Exhibit P- Written damage list provided, #18 Exhibit Q- Threat to sell, #19 Civil Cover Sheet) (Rudd, D.) |
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