Johnson et al v. Lendlease (US) Public Partnerships LLC et al
| Skylee Johnson, Tayler Johnson, Scott Johnson, Lindsey Johnson, S.J. and T.J. |
| Lendlease (US) Public Partnerships LLC, Lendlease (US) Public Partnerships Holdings LLC, AMCC Managing Member LLC, Atlantic Marine Corps Communities LLC, AMCC Property Management LLC, WR South LLC and Winn Management Group LLC |
| 7:2021cv00188 |
| October 29, 2021 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 39 RESPONSE regarding #37 Notice - other filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Mincey, Patrick) |
| Filing 38 MOTION for Extension of Time to File Response/Reply as to #33 Response in Opposition to Motion,, filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Attachments: #1 Proposed Order) (Mincey, Patrick) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #38 MOTION for Extension of Time to File Reply as to #33 Response in Opposition to Motion. (Waddell, K.) |
| TEXT ORDER granting Defendants' Motion for Extension of Time #38 . For good cause shown, it is ordered that Defendants have up to and including January 10, 2022, within which to file their reply in support of the Motion to Dismiss #12 . Signed by Peter A. Moore, Jr., Clerk of Court on 12/22/2021. (Hockaday, A.) |
| Filing 37 Notice filed by Lindsey Johnson, Scott Johnson, S.J.(a minor), T.J. regarding #26 MOTION to Stay Discovery . (Baehr, Kristina) |
| Filing 36 Notice of Related Case filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC . (Mincey, Patrick) |
| Filing 35 Notice of Related Case filed by Lindsey Johnson, Scott Johnson, S.J.(a minor), T.J. . (Baehr, Kristina) |
| Filing 34 RESPONSE in Opposition regarding #12 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (CORRECTED) filed by Lindsey Johnson, Scott Johnson, S.J.(a minor), T.J.. (Attachments: #1 Declaration of Kristina Baehr, #2 Index, #3 Exhibit 1-AMCC Bond Discharge Subcontractor Liens, #4 Exhibit 2-Cancellation of Claim of Lien Real Property, #5 Exhibit 3-Lendlease LLC Annual Report, #6 Exhibit 4-Actus Lendlease LLC Annual Report, #7 Exhibit 5-Memorandum of Real Estate Ground Lease & Conveyance of Facilities, #8 Exhibit 6-AMCC LLC Annual Report, #9 Exhibit 7-Court File Materials (AMCC v. Marshall, 17 CVM 583), #10 Exhibit 8-Court File Materials (AMCC v. Leach, 18 CVM 543), #11 Exhibit 9-Court File Materials (AMCC v. Racey, 17 CVM 1706), #12 Exhibit 10-Court File Materials (AMCC v. Byland, 16 CVM 2374), #13 Exhibit 11-Court File Materials (AMCC v. Nelson, 17 CVM 1773), #14 Exhibit 12-AMCC Guidelines and Policies, #15 Exhibit 13-Memo ISO Consent Motion to Substitute Proper Defendants (Hess v AMCC, No. 7:13-cv-00018), #16 Exhibit 14-Amended Complaint (Hess v AMCC, No. 7:13-cv-00018), #17 Exhibit 15-Answer (Hess v AMCC, No. 7:13-cv-00018), #18 Exhibit 16-Memo ISO Defendants Motion for Summary Judgment (Hess v AMCC, No. 7:13-cv-00018), #19 Exhibit 17-Declaration of B.K. Cozart, #20 Exhibit 18-Declaration of Cathy Murray (Hess v AMCC, No. 7:13-cv-00018), #21 Exhibit 19-Press Release, #22 Exhibit 20-Lend Lease Investor Tour, #23 Exhibit 21-Hess Deposition Transcript_Excerpts, #24 Exhibit 22-2021 12 01 Baehr email to Klebanov regarding mediation, #25 Exhibit 23-2021 12 08 Baehr_Klebanov email exchange regarding discovery) (Baehr, Kristina) |
| NOTICE OF DEFICIENCY regarding #33 Response in Opposition to Motion. 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 33 RESPONSE in Opposition regarding #12 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lindsey Johnson, Scott Johnson, S.J.(a minor), T.J.. (Attachments: #1 Declaration of Kristina Baehr, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23) (Baehr, Kristina) |
Filing 32
ORDER granting in part and denying in part #29 Motion for Emergency Relief regarding #26 Motion to Stay Discovery. The Motion for Emergency Relief is DENIED to the extent it seeks an immediate emergency ruling on the pending Motion to Stay Discovery. Defendants' motion is GRANTED regarding the Rule 26(f) deadlines, and it is therefore ORDERED that the parties' deadlines for the Rule 26(f) conference and the subsequent filing of a Rule 26(f) report are stayed pending the court's ruling on the Motion to Stay Discovery [DE-26]. Signed by US Magistrate Judge Brian S. Meyers on 12/9/2021. Counsel are reminded to read the order in its entirety for other critical information. (Waddell, K.)
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| Filing 31 REPLY to Response to Motion regarding #29 MOTION for Emergency Relief regarding #26 MOTION to Stay Discovery filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Mincey, Patrick) |
| Filing 30 RESPONSE in Opposition regarding #29 MOTION for Emergency Relief regarding #26 MOTION to Stay Discovery filed by Lindsey Johnson, Scott Johnson, S.J.(a minor), T.J.. (Baehr, Kristina) |
| Motions Referred to US Magistrate Judge Brian S. Meyers regarding #26 MOTION to Stay Discovery and #29 MOTION for Emergency Relief regarding #26 MOTION to Stay Discovery . (Waddell, K.) |
| Document Referred: #31 Reply to Response referred to US Magistrate Judge Brian S. Meyers. (Waddell, K.) |
| Document Referred: #30 Response in Opposition to #29 Motion for Emergency Relief referred to US Magistrate Judge Brian S. Meyers. (Waddell, K.) |
| Filing 29 MOTION for Emergency Relief regarding #26 MOTION to Stay Discovery filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Attachments: #1 Proposed Order) (Mincey, Patrick) |
| Filing 28 Proposed Order regarding #26 MOTION to Stay Discovery filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Mincey, Patrick) |
| NOTICE OF DEFICIENCY regarding #26 Motion to Stay Discovery. 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 27 Memorandum in Support regarding #26 MOTION to Stay Discovery filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Attachments: #1 Exhibit A - Emails) (Mincey, Patrick) |
| Filing 26 MOTION to Stay Discovery filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Mincey, Patrick) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #25 MOTION for Extension of Time to File a Motion to Remand [Unopposed]. (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.) |
| TEXT ORDER granting Plaintiffs' unopposed Motion for Extension of Time #25 . For good cause shown, it is ordered that Plaintiffs have up to and including December 13, 2021, within which to file a motion to remand. Signed by Peter A. Moore, Jr., Clerk of Court on 12/1/2021. (Hockaday, A.) |
| Filing 25 MOTION for Extension of Time to File a Motion to Remand [Unopposed] filed by Lindsey Johnson, Scott Johnson, S.J.(a minor), T.J.. (Attachments: #1 Text of Proposed Order) (Baehr, Kristina) |
| NOTICE OF DEFICIENCY regarding #24 Motion for Extension of Time. Local counsel has not signed the motion. Counsel is directed to refile the motion with local counsel's electronic signature. See Local Civil Rule 83.1(d). (Waddell, K.) |
| Filing 24 CORRECTED AND REFILED AT #25 MOTION for Extension of Time to File a Motion to Remand [Unopposed] filed by Lindsey Johnson, Scott Johnson, S.J.(a minor), T.J.. (Attachments: #1 Text of Proposed Order) (Baehr, Kristina) |
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Filing 23
ORDER granting #21 Motion for Extension of Time to File Response regarding #12 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Peter A. Moore, Jr., Clerk of Court on 11/29/2021. (Waddell, K.)
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| Filing 22 Proposed Order regarding #21 MOTION for Extension of Time to File Response/Reply as to #13 Memorandum in Support,, #12 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lindsey Johnson. (Perry, Michael) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #21 MOTION for Extension of Time to File Response as to #12 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Waddell, K.) |
| NOTICE OF DEFICIENCY regarding #21 Motion for Extension of Time to File Response. 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 21 MOTION for Extension of Time to File Response as to #12 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Perry, Michael) |
| Filing 20 Notice of Special Appearance for non-district by Kristina S. Baehr on behalf of All Plaintiffs. (Baehr, Kristina) |
| Filing 19 Notice of Special Appearance for non-district by Hal J. Perloff on behalf of All Defendants. (Perloff, Hal) |
| Filing 18 Notice of Special Appearance for non-district by Michael Klebanov on behalf of All Defendants. (Klebanov, Michael) |
| Filing 17 Financial Disclosure Statement by Scott Johnson (Perry, Michael) |
| Filing 16 Financial Disclosure Statement by Lindsey Johnson (Perry, Michael) |
| Filing 15 Notice of Appearance filed by Michael K. Perry on behalf of All Plaintiffs. (Perry, Michael) |
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Filing 14
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 11/9/2021. (Copy of order sent to Holden K. McLemore, Michael K. Perry & Trevor D. Brandt of Perry & Brandt, Attorneys At Law at P. O. Box 2108, Wake Forest, NC 27588 via US Mail.) (Waddell, K.)
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| Notice to Counsel regarding: #12 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim and #13 Memorandum in Support. All counsel appearing on behalf of a party must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a) and should not sign documents and pleadings filed with the court until such time. (Waddell, K.) |
| Filing 13 Memorandum in Support regarding #12 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Attachments: #1 Index, #2 Exhibit A - Declaration of Phillip Carpenter, #3 Exhibit B - Declaration of Phillip Carpenter, #4 Exhibit C - Declaration of Patrick Appleby, #5 Exhibit D - Declaration of Patrick Appleby, #6 Exhibit E - Declaration of Patrick Appleby, #7 Exhibit F - Lease Agreement) (Mincey, Patrick) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, Lendlease (US) Public Partnerships Holdings LLC, Lendlease (US) Public Partnerships LLC, WR South LLC, Winn Management Group LLC. (Mincey, Patrick) |
| Filing 11 Notice regarding 1 Notice of Removal requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Holden K. McLemore, Michael K. Perry & Trevor D. Brandt of Perry & Brandt, Attorneys At Law at P. O. Box 2108, Wake Forest, NC 27588 mailed via US Mail on November 2, 2021. (Rudd, D.) |
| Filing 9 Financial Disclosure Statement by Winn Management Group LLC (Mincey, Patrick) |
| Filing 8 Financial Disclosure Statement by Lendlease (US) Public Partnerships Holdings LLC (Mincey, Patrick) |
| Filing 7 Financial Disclosure Statement by Lendlease (US) Public Partnerships LLC (Mincey, Patrick) |
| Filing 6 Financial Disclosure Statement by Atlantic Marine Corps Communities LLC (Mincey, Patrick) |
| Filing 5 Financial Disclosure Statement by AMCC Property Management LLC (Mincey, Patrick) |
| Filing 4 Financial Disclosure Statement by AMCC Managing Member LLC (Mincey, Patrick) |
| Filing 3 Notice of Appearance filed by Stephen Jenkins Bell on behalf of All Defendants. (Bell, Stephen) |
| Filing 2 Notice of Appearance filed by Patrick Melton Mincey on behalf of All Defendants. (Mincey, Patrick) |
| Filing 1 NOTICE OF REMOVAL by Lendlease (US) Public Partnerships Holdings LLC, Winn Management Group LLC, AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, WR South LLC, Lendlease (US) Public Partnerships LLC from Onslow, case number 21 CVS 3124. ( Filing fee $ 402 receipt number 0417-6298360), filed by Lendlease (US) Public Partnerships Holdings LLC, Winn Management Group LLC, AMCC Managing Member LLC, AMCC Property Management LLC, Atlantic Marine Corps Communities LLC, WR South LLC, Lendlease (US) Public Partnerships LLC. (Attachments: #1 Exhibit 1 - State Court File, #2 Exhibit 2 - Affidavits of Service, #3 Exhibit 3 - Notice of Removal, Jarman v. Beaufort-Jasper Water & Sewer Authority, #4 Exhbit 4 - Notice of Removal, Whatley v. Atlantic Marine Corps. Communities, LLC, #5 Exhibit 5 - State Court Notice of Filing/Notice of Removal, #6 Civil Cover Sheet, #7 Supplemental Removal Cover Sheet) (Mincey, Patrick) |
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