Mackler et al v. SME, Inc. USA et al
| Marshall Mackler, Hilary Mackler and Ari Fuchs |
| David L Rouen, Jr., David L Rouen, III and SME, Inc. USA |
| 7:2024cv00992 |
| October 18, 2024 |
| U.S. District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Contract: Other |
| 19 U.S.C. § 1305 Custom Duties: Forfeiture-Immoral Articles |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.
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Motion Submitted to District Judge Louise Wood Flanagan regarding #21 MOTION to Remand and for Award of Attorney's Fees. (Collins, S)
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Filing 26
REPLY to Response to Motion regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Morgan, Graham)
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NOTICE OF DEFICIENCY regarding #25 Response in Support of Motion. Wrong event used. Counsel shall refile using the event Reply to Response to Motion. (Collins, S)
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Filing 25
**CORRECTED AND REFILED AT #26 ** RESPONSE in Support regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Morgan, Graham) Modified on 11/8/2024 (Collins, S).
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Filing 24
Memorandum in Opposition regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Attachments: #1 Exhibit Exhibit 1 - Marshall ICA, #2 Exhibit Exhibit 2 - Hilary ICA, #3 Exhibit Exhibit 3 - Correspondence) (Renton, Susan)
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Filing 23
ORDER granting #15 Amended MOTION to Expedite Relief in the Form of, MOTION to Stay Briefing on Defendants' Motions Until Plaintiffs' Motion to Remand is Resolved. No further briefing on Defendants' Motion for Costs, Fees, and Stay DE #8 or Defendants' Motion to Dismiss DE #10 shall be required until Plaintiffs' Motion to Remand DE #21 is resolved by order of the Court. If Plaintiffs' Motion to Remand is denied, a scheduling order will be imposed for further briefing on Defendants' Motions. Signed by District Judge Louise Wood Flanagan on 10/25/2024. (Collins, S)
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Filing 22
Memorandum in Support regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Attachments: #1 Exhibit October 8, 2024 Email, #2 Exhibit October 10, 2024 Acceptance of Servie, #3 Exhibit October 21, 2024 Letter) (Morgan, Graham)
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Filing 21
MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Remand) (Morgan, Graham)
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Filing 20
Notice of Appearance filed by Allen L. West on behalf of Marshall Mackler, Hilary Mackler. (West, Allen)
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Filing 19
Financial Disclosure Statement by Marshall Mackler (Morgan, Graham)
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Filing 18
Financial Disclosure Statement by Hilary Mackler (Morgan, Graham)
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Filing 17
Financial Disclosure Statement by Ari Fuchs (Morgan, Graham)
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Filing 16
Memorandum in Support regarding #15 Amended MOTION to Expedite Relief in the Form of MOTION to Stay Briefing on Defendants' Motions Until Plaintiffs' Motion to Remand is Resolved filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Attachments: #1 Exhibit October 8, 2024 Email, #2 Exhibit October 21, 2024 Letter) (Morgan, Graham)
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Filing 15
Amended MOTION to Expedite Relief in the Form of, MOTION to Stay Briefing on Defendants' Motions Until Plaintiffs' Motion to Remand is Resolved filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Attachments: #1 Text of Proposed Order Order Granting Motion to Stay) (Morgan, Graham)
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Filing 14
Notice of Appearance filed by Graham Bryce Morgan on behalf of All Plaintiffs. (Morgan, Graham)
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Filing 13
Proposed Order regarding #12 MOTION to Stay Briefing on Defendants' Motions Until Plaintiffs' Motion to Remand is Resolved filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Morgan, Graham)
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Filing 12
**AMENDED AT #15 ** MOTION to Stay Request for Expedited Briefing on Defendants' Motions Until Plaintiffs' Motion to Remand is Resolved filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Attachments: #1 Exhibit October 8, 2024 Email, #2 Exhibit October 21, 2024 Letter) (Morgan, Graham) Modified on 10/24/2024 to revise docket text. (Collins, S). Modified on 10/25/2024 (Collins, S).
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Marshall Mackler, Hilary Mackler, Ari Fuchs. 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. (Collins, S)
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NOTICE OF DEFICIENCY regarding #12 Motion to Stay. A memorandum in support should be filed pursuant to Local Civil Rule 7.1(e). (Collins, S)
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Notice to Counsel - Counsel for Plaintiff should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Collins, S)
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Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S)
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Filing 11
Memorandum in Support regarding #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Attachments: #1 Exhibit Ex. 1 -Marshall ICA, #2 Exhibit Ex. 2 - Hilary ICA) (Renton, Susan)
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Filing 10
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion to Dismiss) (Renton, Susan)
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Filing 9
Memorandum in Support regarding #8 MOTION for Taxation of Costs Defendants' Motion for Costs, Fees, and Stay filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Attachments: #1 Affidavit Declaration of Shane P. Simon, #2 Affidavit Declaration of G. Grady Richardson, Jr., #3 Text of Proposed Order Proposed Order Granting Costs, Fees, and Stay) (Renton, Susan)
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Filing 8
MOTION for Taxation of Costs Defendants' Motion for Costs, Fees, and Stay filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Renton, Susan)
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Filing 7
Financial Disclosure Statement by David L Rouen, III (Renton, Susan)
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Filing 6
Financial Disclosure Statement by David L Rouen, Jr (Renton, Susan)
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Filing 5
Financial Disclosure Statement by SME, Inc. USA (Renton, Susan)
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Filing 4
Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, and requirement Allen L. West, Graham B. Morgan of Hamilton Stephens Steele and Martin PLLC at 525 N. Tryon Street, Suite 1400, Charlotte, NC 28202 and Lisa Rodriguez, Erik L. Coccia of Dilworth Paxson LLP at 1500 Market St., Suite 3500 E, Philadelphia, PA 19102 mailed via US Mail on October 22, 2024. (Rudd, D.)
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NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to SME, Inc. USA, David L Rouen, Jr., David L Rouen, III. 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. (Rudd, D.)
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Filing 3
Notice of Appearance filed by Susan Groves Renton on behalf of All Defendants. (Renton, Susan)
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Filing 2
Notice of Appearance filed by George Grady Richardson, Jr on behalf of All Defendants. (Richardson, George)
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Filing 1
NOTICE OF REMOVAL by All Defendants from New Hanover County Superior Court, case number 24-CVS-3699. ( Filing fee $ 405 receipt number ANCEDC-7817280), filed by All Defendants. (Attachments: #1 Index Index of Exhibits (Ex. A), #2 Civil Cover Sheet Civil Cover Sheet (Ex. B), #3 Supplement Supplemental Cover Sheet (Ex. C), #4 Exhibit Summons SME, INC. USA (Ex. D), #5 Exhibit Summons Rouen Jr. and III (Ex. E), #6 Exhibit Complaint (Ex. F), #7 Exhibit Notice of Filing of Notice of Removal (Ex. G)) (Renton, Susan)
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