Piver et al v. Ardito et al
| Snow Piver, Dorothy Piver, Elliott Snow Piver, Jr., Tammy Theusch Piver, Timothy Bradley Pate and Mary Piver George |
| 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 |
| Executor Joseph Douglas Sheppard |
| 7:2021cv00160 |
| September 23, 2021 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 34 Notice of Appearance filed by Jennifer Leigh Carpenter on behalf of All Plaintiffs. (Carpenter, Jennifer) |
| 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) |
| 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.) |
| 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) |
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.)
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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.)
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| 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) |
| 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.) |
| 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.) |
| Filing 28 Financial Disclosure Statement by Joseph Douglas Sheppard (Harris, Nelson) |
| Filing 27 Rule 26(f) Report (joint) filed by Snow Piver. (Richardson, George) |
| 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.) |
| Document Referred: #27 Rule 26(f) Report referred to US Magistrate Judge Robert B. Jones, Jr. (Waddell, K.) |
| 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.) |
| 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.). |
| Filing 25 Notice of Appearance filed by Nelson G. Harris on behalf of Joseph Douglas Sheppard. (Harris, Nelson) |
| 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) |
| Filing 23 Third-Party Summons Issued as to Joseph Douglas Sheppard. (Waddell, K.) |
| Filing 22 Notice filed by David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement proposed summons. (McNeill, Robert) |
| 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) |
| Filing 20 Notice of Appearance filed by George Grady Richardson, Jr on behalf of All Plaintiffs. (Richardson, George) |
| 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.) |
| Filing 19 Financial Disclosure Statement by Timothy Bradley Pate (Richardson, George) |
| Filing 18 Financial Disclosure Statement by Tammy Theusch Piver (Richardson, George) |
| Filing 17 Financial Disclosure Statement by Snow Piver (Richardson, George) |
| Filing 16 Financial Disclosure Statement by Mary Piver George (Richardson, George) |
| Filing 15 Financial Disclosure Statement by Elliott Snow Piver, Jr. (Richardson, George) |
| Filing 14 Financial Disclosure Statement by Dorothy Piver (Richardson, George) |
| Filing 13 REFILED AT #20 Notice of Appearance filed by George Grady Richardson, Jr on behalf of All Plaintiffs. (Richardson, George) |
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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.)
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| 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) |
| 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) |
| 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.) |
| 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.) |
| 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.) |
| Filing 8 Notice of Appearance filed by B. Danforth Morton on behalf of All Defendants. (Morton, B.) |
| Filing 7 Financial Disclosure Statement by Lisa A. Ardito, Trustee of the Lisa A. Ardito Revocable Trust Agreement (McNeill, Robert) |
| Filing 6 Financial Disclosure Statement by David A. Ardito, Trustee of the David A. Ardito Revocable Trust Agreement (McNeill, Robert) |
| Filing 5 Financial Disclosure Statement by Lisa A. Ardito (McNeill, Robert) |
| Filing 4 Financial Disclosure Statement by David A. Ardito (McNeill, Robert) |
| 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) |
| Filing 2 Notice of Appearance filed by Robert B. McNeill on behalf of All Defendants. (McNeill, Robert) |
| 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) |
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