Piver et al v. Ardito et al
Counter Defendant: Snow Piver, Dorothy Piver, Elliott Snow Piver, Jr., Tammy Theusch Piver, Timothy Bradley Pate and Mary Piver George
Counter Claimant: David A. Ardito, Lisa A. Ardito, David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement and Lisa A. Ardito, Trustee of the Lisa A. Ardito Revocable Trust Agreement
3Rd Party Defendant: Executor Joseph Douglas Sheppard
Case Number: 7:2021cv00160
Filed: September 23, 2021
Court: US District Court for the Eastern District of North Carolina
Presiding Judge: Richard E Myers
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 19, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2021 Filing 34 Notice of Appearance filed by Jennifer Leigh Carpenter on behalf of All Plaintiffs. (Carpenter, Jennifer)
November 16, 2021 Filing 33 AMENDED DOCUMENT by Joseph Douglas Sheppard. Amendment to #32 Answer to Third Party Complaint,,, Counterclaim,, #21 Third Party Complaint (Attachments: #1 Exhibit List, #2 Exhibit 1 - 1944 Deed, #3 Exhibit 2 - 1959 Deed, #4 Exhibit 3 - First 1962 Deed, #5 Exhibit 4 - Second 1962 Deed, #6 Exhibit 5 - MaCrae Boundary Agreement, #7 Exhibit 6 - 1971 Deed, #8 Exhibit 7 - 1972 Deed, #9 Exhibit 8 - 1974 Boundary Agreement, #10 Exhibit 9 - 1974 Plat, #11 Exhibit 10 - 1974 Boundary Agreement, #12 Exhibit 11 - May 31 1979 Deed, #13 Exhibit 12 - July 16 1979 Deed, #14 Exhibit 13 - Morris Deed, #15 Exhibit 14 - Juanita Will, #16 Exhibit 15 - 1986 Plat, #17 Exhibit 16 - 1998 Plat, #18 Exhibit 17 - Tract 200A Deed, #19 Exhibit 17a - Second Tract 200A Deed, #20 Exhibit 17b - Third Tract 200A Deed, #21 Exhibit 18 - Tract 200B Deed, #22 Exhibit 18a - Second Tract 200B Deed, #23 Exhibit 19 - Tract 200C Deed, #24 Exhibit 20 - Tract 200D Deed, #25 Exhibit 21 - Second Tract 200D Deed, #26 Exhibit 22 - Fourth Tract 200A Deed, #27 Exhibit 23 - Third Tract 200B Deed, #28 Exhibit 24 - Ardito Deed) (Harris, Nelson)
November 16, 2021 NOTICE OF DEFICIENCY regarding #32 Answer to Third Party Complaint and Counterclaim. 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). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed to refile. (Waddell, K.)
November 11, 2021 Filing 32 ANSWER to Third Party Complaint , COUNTERCLAIM against All Parties by Joseph Douglas Sheppard. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 17a, #19 Exhibit 17b, #20 Exhibit 18, #21 Exhibit 18a, #22 Exhibit 19, #23 Exhibit 20, #24 Exhibit 21, #25 Exhibit 22, #26 Exhibit 23, #27 Exhibit 24) (Harris, Nelson)
November 4, 2021 Opinion or Order Filing 31 ORDER granting #26 Motion for Extension of Time. Third Party Defendant Joseph Douglas Sheppard shall have through December 6, 2021 to answer or otherwise respond to the Third Party Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 11/4/2021. (Waddell, K.)
November 4, 2021 Opinion or Order Filing 30 SCHEDULING ORDER - The discovery plan is APPROVED AND ORDERED, as modified herein. The remaining provisions of the discovery plan not inconsistent with the foregoing are approved and adopted as this court's order. Signed by US Magistrate Judge Robert B. Jones, Jr. on 11/4/2021. (Waddell, K.)
November 4, 2021 Filing 29 Proposed Order regarding #26 Consent MOTION for Extension of Time To File Answer To Third Party Complaint filed by Joseph Douglas Sheppard. (Harris, Nelson)
November 4, 2021 Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #26 Consent MOTION for Extension of Time To File Answer To Third Party Complaint. (Waddell, K.)
November 4, 2021 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. (Waddell, K.)
November 2, 2021 Filing 28 Financial Disclosure Statement by Joseph Douglas Sheppard (Harris, Nelson)
November 1, 2021 Filing 27 Rule 26(f) Report (joint) filed by Snow Piver. (Richardson, George)
November 1, 2021 NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Joseph Douglas Sheppard. 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. (Waddell, K.)
November 1, 2021 Document Referred: #27 Rule 26(f) Report referred to US Magistrate Judge Robert B. Jones, Jr. (Waddell, K.)
November 1, 2021 NOTICE OF DEFICIENCY regarding #26 Motion for Extension of Time. 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. (Waddell, K.)
October 30, 2021 Filing 26 Consent MOTION for Extension of Time To File Answer To Third Party Complaint filed by Joseph Douglas Sheppard. (Harris, Nelson) Modified on 11/4/2021 to correct event(Hockaday, A.).
October 30, 2021 Filing 25 Notice of Appearance filed by Nelson G. Harris on behalf of Joseph Douglas Sheppard. (Harris, Nelson)
October 21, 2021 Filing 24 PLAINTIFFS/COUNTERCLAIM DEFENDANTS' ANSWER to #11 Answer to Complaint (Notice of Removal),, Counterclaim, by Mary Piver George, Timothy Bradley Pate, Dorothy Piver, Snow Piver, Tammy Theusch Piver, Elliott Snow Piver, Jr.. (Richardson, George)
October 13, 2021 Filing 23 Third-Party Summons Issued as to Joseph Douglas Sheppard. (Waddell, K.)
October 13, 2021 Filing 22 Notice filed by David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement proposed summons. (McNeill, Robert)
October 13, 2021 Filing 21 THIRD PARTY COMPLAINT against Joseph Douglas Sheppard, filed by David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement. (Attachments: #1 Exhibit Exhibit A. Deed) (McNeill, Robert)
October 11, 2021 Filing 20 Notice of Appearance filed by George Grady Richardson, Jr on behalf of All Plaintiffs. (Richardson, George)
October 8, 2021 Notice to Counsel regarding: #13 Notice of Appearance. Each attorney should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Waddell, K.)
October 7, 2021 Filing 19 Financial Disclosure Statement by Timothy Bradley Pate (Richardson, George)
October 7, 2021 Filing 18 Financial Disclosure Statement by Tammy Theusch Piver (Richardson, George)
October 7, 2021 Filing 17 Financial Disclosure Statement by Snow Piver (Richardson, George)
October 7, 2021 Filing 16 Financial Disclosure Statement by Mary Piver George (Richardson, George)
October 7, 2021 Filing 15 Financial Disclosure Statement by Elliott Snow Piver, Jr. (Richardson, George)
October 7, 2021 Filing 14 Financial Disclosure Statement by Dorothy Piver (Richardson, George)
October 7, 2021 Filing 13 REFILED AT #20 Notice of Appearance filed by George Grady Richardson, Jr on behalf of All Plaintiffs. (Richardson, George)
October 1, 2021 Opinion or Order Filing 12 ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 10/1/2021. (Copy of order sent to G. Grady Richardson, Jr. and Jennifer L. Carpenter of Law Offices of G. Grady Richardson, Jr., P.C. at 1908 Eastwood Road, Suite 224, Wilmington, NC 28403 via US Mail.) (Waddell, K.)
September 30, 2021 Filing 11 ANSWER to Complaint , Affirmative Defenses, COUNTERCLAIM against All Plaintiffs by David A. Ardito, David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement, Lisa A. Ardito, Lisa A. Ardito, Trustee of the Lisa A. Ardito Revocable Trust Agreement. (Attachments: #1 Exhibit Ardito Deed) (McNeill, Robert)
September 27, 2021 Filing 10 Notice filed by Lisa A. Ardito, David A. Ardito, David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement, Lisa A. Ardito, Trustee of the Lisa A. Ardito Revocable Trust Agreement (Civil Cover Sheet). (McNeill, Robert)
September 27, 2021 Filing 9 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, G. Grady Richardson, Jr. & Jennifer L. Carpenter of Law Offices of G. Grady Richardson, Jr., P.C. at 1908 Eastwood Road, Suite 224, Wilmington, NC 28403 mailed via US Mail on September 27, 2021. (Rudd, D.)
September 27, 2021 NOTICE OF DEFICIENCY regarding #1 Notice of Removal. Counsel failed to file a JS44 Civil Cover Sheet as required by the Court. Counsel should file a Cover Sheet using the event "Notice-Other" as soon as possible. (Rudd, D.)
September 27, 2021 Notice to Counsel regarding: #4 Financial Disclosure Statement, #5 Financial Disclosure Statement, #6 Financial Disclosure Statement, #7 Financial Disclosure Statement. Counsel is reminded that the filing user must lock or flatten the PDF document. Failure to flatten documents may result in the clerks office issuing a notice of deficiency. Counsel should "flatten" (the financial disclosure statements) prior to attaching it in accordance with Section IV.B of the CM/ECF Policies and Procedures Manual. No further action is needed. (Rudd, D.)
September 25, 2021 Filing 8 Notice of Appearance filed by B. Danforth Morton on behalf of All Defendants. (Morton, B.)
September 23, 2021 Filing 7 Financial Disclosure Statement by Lisa A. Ardito, Trustee of the Lisa A. Ardito Revocable Trust Agreement (McNeill, Robert) (Main Document 7 flattened and replaced on 9/27/2021) (Edwards, S.).
September 23, 2021 Filing 6 Financial Disclosure Statement by David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement (McNeill, Robert) (Main Document 6 flattened and replaced on 9/27/2021) (Edwards, S.).
September 23, 2021 Filing 5 Financial Disclosure Statement by Lisa A. Ardito (McNeill, Robert) (Main Document 5 flattened and replaced on 9/27/2021) (Edwards, S.).
September 23, 2021 Filing 4 Financial Disclosure Statement by David A. Ardito (McNeill, Robert) (Main Document 4 flattened and replaced on 9/27/2021) (Edwards, S.).
September 23, 2021 Filing 3 Notice filed by Lisa A. Ardito, David A. Ardito, David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement, Lisa A. Ardito, Trustee of the Lisa A. Ardito Revocable Trust Agreement (Supplemental Removal Cover Sheet). (McNeill, Robert)
September 23, 2021 Filing 2 Notice of Appearance filed by Robert B. McNeill on behalf of All Defendants. (McNeill, Robert)
September 23, 2021 Filing 1 NOTICE OF REMOVAL by All Defendants from Superior Court of Pender County, case number 21-CVS-792. ( Filing fee $ 402 receipt number 0417-6246096), filed by All Defendants. (Attachments: #1 Exhibit Affidavit of Robert B. McNeill, #2 Exhibit Civil Summons to Be Served with Order Extending Time to File Complaint, #3 Exhibit Application and Order Extending Time to File Complait, #4 Exhibit Plaintiff's Notice of Lis Pendens, #5 Exhibit Civil Summonses, #6 Exhibit Complaint, #7 Exhibit Acceptance of Service, #8 Exhibit Notice of Removal of Civil Action (State Court)) (McNeill, Robert)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the North Carolina Eastern District Court's Electronic Court Filings (ECF) System

Search for this case: Piver et al v. Ardito et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Snow Piver
Represented By: George Grady Richardson, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Dorothy Piver
Represented By: George Grady Richardson, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Elliott Snow Piver, Jr.
Represented By: George Grady Richardson, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Tammy Theusch Piver
Represented By: George Grady Richardson, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Timothy Bradley Pate
Represented By: George Grady Richardson, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter defendant: Mary Piver George
Represented By: George Grady Richardson, Jr.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: David A. Ardito
Represented By: Robert B. McNeill
Represented By: B. Danforth Morton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: Lisa A. Ardito
Represented By: Robert B. McNeill
Represented By: B. Danforth Morton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement
Represented By: Robert B. McNeill
Represented By: B. Danforth Morton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Counter claimant: Lisa A. Ardito, Trustee of the Lisa A. Ardito Revocable Trust Agreement
Represented By: Robert B. McNeill
Represented By: B. Danforth Morton
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
3rd party defendant: Executor Joseph Douglas Sheppard
Represented By: Nelson G. Harris
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?