ACC Partners, LLC v. First Protective Insurance Company
| ACC Partners, LLC |
| First Protective Insurance Company |
| 7:2020cv00132 |
| July 14, 2020 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Insurance |
| 28 U.S.C. ยง 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 16 Letter to Jan Kennedy, New Hanover County Clerk of Court advising this matter has been remanded. A copy of the Court's Order is enclosed. (Waddell, K.) |
Filing 15
ORDER granting #11 Motion to Remand; finding as moot #6 Motion to Dismiss for Failure to State a Claim; and finding as moot #14 Motion for Extension of Time to File Response. Signed by District Judge Richard E. Myers II on 8/25/2020. (Waddell, K.)
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| Motion Submitted to District Judge Richard E. Myers II regarding #11 MOTION to Remand and #14 MOTION for Extension of Time to File Response as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Waddell, K.) |
| Filing 14 MOTION for Extension of Time to File Response as to #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Answer, #7 Memorandum in Support filed by ACC Partners, LLC. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion for Extension of Time) (Nutt, Kyle) |
| Filing 13 Proposed Order regarding #11 MOTION to Remand filed by ACC Partners, LLC. (Nutt, Kyle) |
| Notice to Counsel regarding: #11 Motion to Remand, #12 Motion to Remand. Counsel is reminded that in future filings the case number should read: 7:20-CV-132-M. The 'M' is the judge assignment to this case. (Waddell, K.) |
| NOTICE OF DEFICIENCY regarding #11 Motion to Remand. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall also email the proposed order in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
| Filing 12 MEMORANDUM IN SUPPORT regarding #11 Motion to Remand, filed by ACC Partners, LLC. (Nutt, Kyle) Modified on 7/31/2020 to correct document description and docket relationship (Waddell, K.). |
| Filing 11 MOTION to Remand filed by ACC Partners, LLC. (Nutt, Kyle) |
| Notice to Counsel regarding: #9 Notice of Appearance, #10 Financial Disclosure Statement. Counsel is reminded that the filing user must lock orflatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" the document prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. The deputy clerk will flatten the docket. No action required by counsel at this time. (Waddell, K.) |
| Filing 10 Financial Disclosure Statement by ACC Partners, LLC (Nutt, Kyle) (Main Document 10 flattened and replaced on 8/10/2020) (Edwards, S.). |
| Filing 9 Notice of Appearance filed by Kyle J. Nutt on behalf of ACC Partners, LLC. (Nutt, Kyle) (Main Document 9 flattened and replaced on 8/10/2020) (Edwards, S.). |
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Filing 8
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 7/21/2020. (copy of Order sent to counsel for plaintiff, Kyle Nutt, Reiss & Nutt, 1221 Floral Parkway, Suite 104, Wilmington, North Carolina 28403 via U.S. Mail.) (Waddell, K.)
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| Filing 7 Memorandum in Support regarding #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Answer filed by First Protective Insurance Company. (Attachments: #1 Exhibit A-Policy) (Keister, Jeffrey) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Answer filed by First Protective Insurance Company. (Keister, Jeffrey) |
| REMINDER TO COUNSEL regarding #6 and #7 . 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. (Waddell, K.) |
| 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. (Waddell, K.) |
| Filing 5 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Counsel for Plaintiff Kyle Nutt of Reiss & Nutt at 1221 Floral Parkway, Suite 104, Wilmington, NC 28403 mailed via US Mail on July 15, 2020. (Rudd, D.) |
| Filing 4 Notice of Appearance filed by Stephen Kyle Pytlik on behalf of First Protective Insurance Company. (Pytlik, Stephen) |
| Filing 3 Notice of Appearance filed by Jeffrey D. Keister on behalf of First Protective Insurance Company. (Keister, Jeffrey) |
| Filing 2 Financial Disclosure Statement by First Protective Insurance Company identifying Corporate Parent PWC Financial, Inc. for First Protective Insurance Company. (Keister, Jeffrey) |
| Filing 1 NOTICE OF REMOVAL by First Protective Insurance Company from New Hanover Superior Court, case number 20-CVS-1746., filed by First Protective Insurance Company. (Attachments: #1 Exhibit A-Complaint, #2 Civil Cover Sheet, #3 Civil Cover Sheet Supplemental Removal Cover Sheet) (Keister, Jeffrey) |
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| Plaintiff: ACC Partners, LLC | |
| Represented By: | Kyle J. Nutt |
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| Defendant: First Protective Insurance Company | |
| Represented By: | Stephen Kyle Pytlik |
| Represented By: | Jeffrey D. Keister |
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