HOPKINS, L.L.C. v. MACHINERY INSTALLATION COMPANY, INC. et al
Plaintiff: HOPKINS, L.L.C.
Defendant: MACHINERY INSTALLATION COMPANY, INC. and BUTCH WILSON
Case Number: 1:2020cv00958
Filed: October 20, 2020
Court: US District Court for the Middle District of North Carolina
Office: NCMD Office
Presiding Judge: CATHERINE C EAGLES
Referring Judge: JOI ELIZABETH PEAKE
Nature of Suit: Contract: Other
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2020 Filing 25 NOTICE of Attorney Appearance by attorney KENNETH J. GUMBINER on behalf of Defendants MACHINERY INSTALLATION COMPANY, INC., BUTCH WILSON (GUMBINER, KENNETH)
October 20, 2020 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. (Hicks, Samantha)
October 20, 2020 Filing 24 ECF 30 Day Notice as to Attorney STEVEN SCOTT BISS. ECF 30 Day Notice due by 11/19/2020. (Hicks, Samantha)
October 20, 2020 Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Hicks, Samantha)
October 20, 2020 Filing 23 Case transferred in from District of Virginia Western; Case Number 4:20-cv-00037. Original file certified copy of transfer order and docket sheet received.
October 20, 2020 Opinion or Order Filing 22 Order Transferring Case to USDC/Middle District of North Carolina. Signed by Judge Thomas T. Cullen on 10/20/2020. (ham) [Transferred from Virginia Western on 10/20/2020.]
October 20, 2020 Filing 21 MEMORANDUM OPINION. Signed by Judge Thomas T. Cullen on 10/20/2020. (ham) [Transferred from Virginia Western on 10/20/2020.]
October 5, 2020 IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. The VAWD CM/ECF system will be unavailable from 8:00 am, October 10, 2020, through 8:00 am on Tuesday October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual #Upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your VAWD CM/ECF account after the Court goes live on NextGen CM/ECF October 13, 2020. Instructions for linking you r account can be found by clicking #here. Remember you cannot link your accounts until on or after the court goes live on NextGe n October 13, 2020. If you have any additional questions please call the VAWD Clerks Office at 540-857-5100 or email ecf@vawd.uscourts.gov. (ADI) (mzc) [Transferred from Virginia Western on 10/20/2020.]
September 29, 2020 IMPORTANT NOTICE: The Western District of Virginia will be going live on NextGen CM/ECF Tuesday, October 13, 2020. This is a Two-Step process. In Step one each attorney was to make sure they had an upgraded individual PACER account. Now in preparation for Step Two please make sure you know your VAWD CM/ECF username and password. Please manually log in to the VAWD CM/ECF system at #ht tps://ecf.vawd.uscourts.gov/cgi-bin/login.pl to make sure you know your current VAWD CM/ECF username and password. (do not rely on the auto-populating in your browser, because you will have to manually enter your CM/ECF username and password during the linking process after we go live on NextGen.) If you do not know your username or password please email ecf@vawd.uscourts.gov and include your bar# and contact phone#. (ADI) (mzc) [Transferred from Virginia Western on 10/20/2020.]
September 21, 2020 IMPORTANT NOTICE: The United States District Court for the Western District of Virginia (WDVA) will be going live on the Next Generation of CM/ECF (NextGen CM/ECF) Tuesday, October 13, 2020. Preparing for NextGen CM/ECF is a two-step process. Step One is that each attorney must upgrade their individual PACER account, no shared accounts within firms will be allowed. Check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the VAWD NextGen CM/ECF upgrade on October 13, 2020: 1) You have an upgraded PACER account for another NextGen Court or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your VAWD CM/ECF account for your new NextGen CM/ECF account. Click #here to learn how to upgrade your PACER Account. If you still have questions regarding your PACER account, please contact the PACER Service Center 800- 676-6856. Complete information regarding the WDVA NextGen CM/ECF implementation can be found at #NextGen Information. (mzc) (ADI) [Transferred from Virginia Western on 10/20/2020.]
September 21, 2020 Opinion or Order Filing 20 ORDER TRANSFERRING CASE. Case transferred to Judge Thomas T. Cullen for all further proceedings. Senior Judge Jackson L. Kiser no longer assigned to case. Signed by Chief Judge Michael F. Urbanski on 9/18/2020. (ham) [Transferred from Virginia Western on 10/20/2020.]
August 13, 2020 Filing 19 Negative Corporate Disclosure Statement by Hopkins, L.L.C. (Biss, Steven) [Transferred from Virginia Western on 10/20/2020.]
July 31, 2020 Filing 18 Reply re #12 Joint MOTION to Transfer Case by H.E. Wilson, Jr. and, #17 Brief / Memorandum in Opposition REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS' MOTION TO TRANSFER VENUE. filed by Machinery Installation Company, Inc., Butch Wilson. (Attachments: #1 Declaration in Support Rebuttal Declaration of H.E. Wilson Jr.)(Andia, Gilbert) [Transferred from Virginia Western on 10/20/2020.]
July 24, 2020 Filing 17 Brief / Memorandum in Opposition re #12 Joint MOTION to Transfer Case by H.E. Wilson, Jr. and . filed by Hopkins, L.L.C.. (Attachments: #1 Declaration in Support A - Declaration of Jerry Hopkins)(Biss, Steven) [Transferred from Virginia Western on 10/20/2020.]
July 24, 2020 Filing 16 ANSWER to #15 Answer to Complaint, Counterclaim by Hopkins, L.L.C..(Biss, Steven) [Transferred from Virginia Western on 10/20/2020.]
July 10, 2020 Filing 15 ANSWER to Complaint with JURY DEMAND , COUNTERCLAIM against Hopkins, L.L.C. by Machinery Installation Company, Inc..(Moyers, Jason) [Transferred from Virginia Western on 10/20/2020.]
July 10, 2020 Filing 14 ANSWER to Complaint with JURY DEMAND by Butch Wilson.(Moyers, Jason) [Transferred from Virginia Western on 10/20/2020.]
July 10, 2020 Filing 13 Brief / Memorandum in Support re #12 Joint MOTION to Transfer Case by H.E. Wilson, Jr. and . filed by Machinery Installation Company, Inc.. (Attachments: #1 Affidavit Of H.E. Wilson, Jr.)(Moyers, Jason) [Transferred from Virginia Western on 10/20/2020.]
July 10, 2020 Filing 12 Joint MOTION to Transfer Case by H.E. Wilson, Jr. and by Machinery Installation Company, Inc.. (Moyers, Jason) [Transferred from Virginia Western on 10/20/2020.]
July 7, 2020 Opinion or Order Filing 11 ORDER granting #7 MOTION to Appear Pro Hac Vice as to Attorney Gilbert J. Andia, Jr. for Machinery Installation Company, Inc. and Butch Wilson. Signed by Magistrate Judge Robert S. Ballou on 7/7/2020. (ham) [Transferred from Virginia Western on 10/20/2020.]
July 6, 2020 Filing 10 Paper State Court Records received from Patrick County Circuit Court, CL19-801. (ham) [Transferred from Virginia Western on 10/20/2020.]
July 2, 2020 Opinion or Order Filing 9 ORDER granting #8 Motion for Extension of Time to Answer Machinery Installation Company, Inc. answer due 7/10/2020; Butch Wilson answer due 7/10/2020. Signed by Magistrate Judge Robert S. Ballou on 07/02/2020. (ams) [Transferred from Virginia Western on 10/20/2020.]
July 1, 2020 Filing 8 MOTION for Extension of Time to File Answer or otherwise plead in response to complaint by H.E. Wilson, Jr., and by Machinery Installation Company, Inc.. (Attachments: #1 Text of Proposed Order granting Motion)(Moyers, Jason) [Transferred from Virginia Western on 10/20/2020.]
July 1, 2020 Filing 7 MOTION for Gilbert J. Andia, Jr. to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3426413. by Machinery Installation Company, Inc.. Motions referred to Judge Robert S. Ballou. (Attachments: #1 Text of Proposed Order Granting Motion)(Moyers, Jason) [Transferred from Virginia Western on 10/20/2020.]
June 25, 2020 Opinion or Order Filing 6 PRETRIAL ORDER, Order Referring Case to Magistrate Judge Robert S. Ballou. Signed by Senior Judge Jackson L. Kiser on 6/25/2020. (ham) [Transferred from Virginia Western on 10/20/2020.]
June 25, 2020 Filing 5 Magistrate Consent Notice to Parties. #Click here to access the Consent Form (ham) [Transferred from Virginia Western on 10/20/2020.]
June 25, 2020 Opinion or Order Filing 4 Order Requesting Transmittal of Case File from Patrick County Circuit Court. Signed by Senior Judge Jackson L. Kiser on 6/25/2020. (ham) [Transferred from Virginia Western on 10/20/2020.]
June 25, 2020 Filing 3 Negative Corporate Disclosure Statement by Machinery Installation Company, Inc. (Moyers, Jason) [Transferred from Virginia Western on 10/20/2020.]
June 25, 2020 Filing 2 Notice of Filing Requirement to Hopkins, L.L.C. and Machinery Installation Company, Inc. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (ham) [Transferred from Virginia Western on 10/20/2020.]
June 25, 2020 Filing 1 NOTICE OF REMOVAL from Patrick County Circuit Court, case number CL19-801 (Filing & Administrative fee $400.00; pay.gov Receipt Number 0423-3421753) filed by Machinery Installation Company, Inc. and Butch Wilson. (Attachments: #1 State Court Complaint, #2 Civil Cover Sheet)(ham) [Transferred from Virginia Western on 10/20/2020.]

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Defendant: MACHINERY INSTALLATION COMPANY, INC.
Represented By: KENNETH J. GUMBINER
Represented By: GILBERT JULIAN ANDIA, JR.
Represented By: JASON GUY MOYERS
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Defendant: BUTCH WILSON
Represented By: KENNETH J. GUMBINER
Represented By: GILBERT JULIAN ANDIA, JR.
Represented By: JASON GUY MOYERS
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Plaintiff: HOPKINS, L.L.C.
Represented By: STEVEN SCOTT BISS
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