STONE et al v. AUTOMONEY, INC. et al
| TIJUANA LESENE, ANITA STONE, ANDRE EASTER, MARQUITA TAYLOR, MAMIE SMITH, TORI RIDDLE, CORTILLA HOLMES and WENDY BAKER |
| AUTOMONEY, INC. and AUTOMONEY NORTH, LLC |
| 1:2019cv01035 |
| October 9, 2019 |
| US District Court for the Middle District of North Carolina |
| JOI ELIZABETH PEAKE |
| Contract: Other |
| 28 U.S.C. § 1442 |
| None |
Docket Report
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| Motions Referred: RE: #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction or, in the Alternative, to Transfer Venue, #10 MOTION to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim or, Alternatively, to Transfer Venue, #15 Second MOTION to Remand , #18 MOTION for Discovery on Jurisdiction, #12 MOTION to Remand , to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 29 REPLY, filed by Defendants AUTOMONEY NORTH, LLC, AUTOMONEY, INC., to Response to #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction or, in the Alternative, to Transfer Venue filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. (Attachments: #1 Exhibit 1 - Baker Customer Application dated 12/11/2017)(COOPER, LINDSEY) |
| Filing 28 REPLY, filed by Plaintiffs WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR, to Response to #18 MOTION for Discovery on Jurisdiction filed by WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR. (Attachments: #1 Exhibit Declarations of Baker, et al., #2 Exhibit Declarations of Cuthrell, et al., #3 Exhibit Exemplar NCDMV Lien Records, #4 Exhibit Declarations of Cuthrell, et al.)(PERALDO, JEFFREY) |
| Filing 27 REPLY, filed by Plaintiffs WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR, to Response to #15 Second MOTION to Remand filed by WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR. (Attachments: #1 Exhibit Plaintiff Holmes' Driver's License, #2 Exhibit Plaintiff Holmes' Voter Registration)(PERALDO, JEFFREY) |
| Filing 26 RESPONSE in Opposition re #18 MOTION for Discovery on Jurisdiction filed by ANITA STONE, MAMIE SMITH, TORI RIDDLE, MARQUITA TAYLOR, WENDY BAKER, ANDRE EASTER, TIJUANA LESENE, CORTILLA HOLMES, #19 Brief, filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. Replies due by 12/10/2019 (COOPER, LINDSEY) |
| Filing 25 RESPONSE in Opposition re #16 Brief, #15 Second MOTION to Remand filed by ANITA STONE, MAMIE SMITH, TORI RIDDLE, MARQUITA TAYLOR, WENDY BAKER, ANDRE EASTER, TIJUANA LESENE, CORTILLA HOLMES filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. Replies due by 12/9/2019 (Attachments: #1 Exhibit 1 - Holmes Application 2/29/2016)(COOPER, LINDSEY) |
| Filing 24 REPLY, filed by Plaintiffs WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR, to Response to #12 MOTION to Remand filed by WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR. (Attachments: #1 Exhibit Declaration of Cortillia Holmes, #2 Exhibit Declaration of James R. Faucher, #3 Exhibit McLendon v. Walter Home Mortgage.)(PERALDO, JEFFREY) |
| Filing 23 RESPONSE in Opposition re #13 Brief, #12 MOTION to Remand filed by ANITA STONE, MAMIE SMITH, TORI RIDDLE, MARQUITA TAYLOR, WENDY BAKER, ANDRE EASTER, TIJUANA LESENE, CORTILLA HOLMES filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. Replies due by 12/3/2019 (Attachments: #1 Exhibit 1 - Costin v. Ally Bank Corp., #2 Exhibit 2 - Aikens v. Microsoft Corp.)(COOPER, LINDSEY) |
| Filing 22 RESPONSE in Opposition re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction or, in the Alternative, to Transfer Venue filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC. filed by WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR. Replies due by 12/3/2019 (Attachments: #1 Exhibit Volvo Group v. Forja, #2 Exhibit Guzman v. Diamond Candles, #3 Exhibit Allen v. Express, #4 Exhibit State v. Western Sky, #5 Exhibit Sasser v, Safe Home, #6 Exhibit Declarations of Smith, et al., #7 Exhibit Exemplar Mailer, #8 Exhibit Bassett v Stricklands, #9 Exhibit Hicks v. Jayco, #10 Exhibit JPB v. Danker, #11 Exhibit Declarations of Cuthrell, et al., #12 Exhibit Exemplar NCDMV Lien Records, #13 Exhibit Hunter v, Mountain)(PERALDO, JEFFREY) |
| Filing 21 BRIEF re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction or, in the Alternative, to Transfer Venue by Defendants AUTOMONEY NORTH, LLC, AUTOMONEY, INC. filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. (Attachments: #1 Exhibit 1 - Baker Agreement, #2 Exhibit 2 - Easter Agreement, #3 Exhibit 3 - Riddle Agreement, #4 Exhibit 4 - Smith Agreement, #5 Exhibit 5 - Taylor Agreement, #6 Exhibit 6 - Holmes Agreement, #7 Exhibit 7 - Lesene Agreement, #8 Exhibit 8 - Stone Agreement)(COOPER, LINDSEY) |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction or, in the Alternative, to Transfer Venue by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. Response to Motion due by 12/9/2019 (COOPER, LINDSEY) |
| Filing 19 Plaintiffs' BRIEF In Support of Motion for Discovery. (Attachments: #1 Exhibit Declarations of Cuthrell, et al., #2 Exhibit Declarations of Hillman, et al, #3 Exhibit Declarations of Dixon et al., #4 Exhibit Exemplar Mailer, #5 Exhibit Exemplar NCDMV Lien Records, #6 Exhibit Declarations of Byers et al., #7 Exhibit Young v 3M, #8 Exhibit JPB Installers v Dancker, #9 Exhibit Bassett v Stricklands)(PERALDO, JEFFREY) |
| Filing 18 MOTION for Discovery on Jurisdiction by WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR. Response to Motion due by 11/26/2019 (PERALDO, JEFFREY) |
| Filing 17 RESPONSE in Opposition re #10 MOTION to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim or, Alternatively, to Transfer Venue filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC. filed by WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR. Replies due by 11/18/2019 (Attachments: #1 Exhibit Volvo Group v Forja, #2 Exhibit Guzman v Diamond, #3 Exhibit Allen v Express, #4 Exhibit State v Western Sky, #5 Exhibit Sasser v Safe Home, #6 Exhibit Declarations of Baker, et al., #7 Exhibit Exemplar Mailer, #8 Exhibit Bassett v Strickland's, #9 Exhibit Hicks v Jayco, #10 Exhibit JPB v Dancker, #11 Exhibit Declarations of Witnesses Cuthrell et al, #12 Exhibit NCDMV Lien Records, #13 Exhibit Hunter v Mountain)(PERALDO, JEFFREY) |
| Filing 16 BRIEF re #15 Second MOTION to Remand . (Attachments: #1 Exhibit Declaration of Cortilla Holmes, #2 Exhibit Miller v Morocho Bros, #3 Exhibit Meyn America v Omtron, #4 Exhibit Declaration of James Faucher)(PERALDO, JEFFREY) |
| Filing 15 Second MOTION to Remand by WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR. Response to Motion due by 11/25/2019 (PERALDO, JEFFREY) |
| Filing 14 First AMENDED COMPLAINT against defendant All Defendants, filed by TORI RIDDLE, ANITA STONE, MAMIE SMITH, CORTILLA HOLMES, MARQUITA TAYLOR, WENDY BAKER, TIJUANA LESENE, ANDRE EASTER.(PERALDO, JEFFREY) |
| Filing 13 Plaintiffs' BRIEF re #12 MOTION to Remand . (Attachments: #1 Exhibit Alexander Loan Agreement, #2 Exhibit Miller v. Morocho Brother's, #3 Exhibit McLendon v, Walter Home Mort., #4 Exhibit K-Flex v Armacell, #5 Exhibit Declaration of Jeffrey K. Peraldo, #6 Exhibit Blettner v Masick)(PERALDO, JEFFREY) |
| Filing 12 MOTION to Remand by WENDY BAKER, ANDRE EASTER, CORTILLA HOLMES, TIJUANA LESENE, TORI RIDDLE, MAMIE SMITH, ANITA STONE, MARQUITA TAYLOR. Response to Motion due by 11/19/2019 (PERALDO, JEFFREY) |
| Filing 11 BRIEF re #10 MOTION to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim or, Alternatively, to Transfer Venue by Defendants AUTOMONEY NORTH, LLC, AUTOMONEY, INC. filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. (Attachments: #1 Exhibit 1 - Baker Agreement, #2 Exhibit 2 - Easter Agreement, #3 Exhibit 3 - Riddle Agreement, #4 Exhibit 4 - Smith Agreement, #5 Exhibit 5 - Taylor Agreement, #6 Exhibit 6 - Holmes Agreement, #7 Exhibit 7 - Lesesne Agreement, #8 Exhibit 8 - Stone Agreement)(COOPER, LINDSEY) |
| Filing 10 MOTION to Dismiss for Lack of Personal Jurisdiction and for Failure to State a Claim or, Alternatively, to Transfer Venue by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. Response to Motion due by 11/6/2019 (COOPER, LINDSEY) |
| Filing 9 NOTICE of Appearance by attorney LINDSEY W. COOPER, JR on behalf of Defendants AUTOMONEY NORTH, LLC, AUTOMONEY, INC. (COOPER, LINDSEY) |
| Filing 8 ***FILED IN ERROR*** CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant AUTOMONEY NORTH, LLC (BOYCE, MARGARETE) Modified on 10/10/2019 to mark filed in error - duplicate. (Sheets, Jamie) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant AUTOMONEY NORTH, LLC (BOYCE, MARGARETE) |
| Filing 6 ***FILED IN ERROR*** CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant AUTOMONEY, INC. (BOYCE, MARGARETE) Modified on 10/10/2019 to mark filed in error - duplicate. (Sheets, Jamie) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant AUTOMONEY, INC. (BOYCE, MARGARETE) |
| CASE REFERRED to Standing Order 30. (Sheets, Jamie) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) |
| Filing 4 Notice of Right to Consent. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 3 Summons Issued as to AUTOMONEY NORTH, LLC, AUTOMONEY, INC. (Original document filed in Guilford County Superior Court, Case Number 19CVS7907, issued 8/15/2019 and is listed as Exhibit 2 to the Petition for Removal) (Sheets, Jamie) |
| Filing 2 COMPLAINT against AUTOMONEY NORTH, LLC, AUTOMONEY, INC., filed by TORI RIDDLE, ANITA STONE, MAMIE SMITH, CORTILLA HOLMES, MARQUITA TAYLOR, WENDY BAKER, TIJUANA LESENE, ANDRE EASTER. (Original document filed in Guilford County Superior Court, Case Number 19CVS7907 and is listed as Exhibit 1 to the Petition for Removal) (Sheets, Jamie) |
| Filing 1 PETITION FOR REMOVAL against All Plaintiffs ( Filing fee $ 400 receipt number 0418-2671484.)(Related Case # 1:19-cv-877), filed by AUTOMONEY NORTH, LLC, AUTOMONEY, INC.. (Attachments: #1 Exhibit 1 - Complaint in State Court, #2 Exhibit 2 - State Court Summons, #3 Exhibit 3 - Declaration of Linda Derbyshire, #4 Exhibit 4 - Unpublished Case (Larsen v. Assurant, Inc.))(BOYCE, MARGARETE) |
| CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Sheets, Jamie) |
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