VELOCITOR SOLUTIONS, LLC v. ASA COLLEGE, INC.
| VELOCITOR SOLUTIONS, LLC |
| ASA COLLEGE, INC. |
| 1:2020cv00959 |
| October 19, 2020 |
| US District Court for the Middle District of North Carolina |
| JOI ELIZABETH PEAKE |
| THOMAS D SCHROEDER |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 16, 2022. A more recent docket listing may be available from PACER.
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| Motion Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE: #39 MOTION to Withdraw as Attorney ERIK J. TOMBERG (Wilson Elser Moskowitz Edelman & Dicker LLP) (Unopposed). (Engle, Anita) |
| Filing 39 MOTION to Withdraw as Attorney ERIK J. TOMBERG (Wilson Elser Moskowitz Edelman & Dicker LLP) (Unopposed) by on behalf of ASA COLLEGE, INC.. Responses due by 3/1/2022 (TOMBERG, ERIK) |
| Motions Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE: #30 MOTION for Summary Judgment, #33 MOTION for Summary Judgment. (Engle, Anita) |
| Filing 38 REPLY, filed by Plaintiff VELOCITOR SOLUTIONS, LLC, to Response to #33 MOTION for Summary Judgment filed by VELOCITOR SOLUTIONS, LLC. (MONROE, FRED) |
| Filing 37 REPLY, filed by Defendant ASA COLLEGE, INC., to Response to #30 MOTION for Summary Judgment filed by ASA COLLEGE, INC.. (TOMBERG, ERIK) |
| Filing 36 RESPONSE in Opposition re #30 MOTION for Summary Judgment filed by ASA COLLEGE, INC. filed by VELOCITOR SOLUTIONS, LLC. Replies due by 1/18/2022 (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(MONROE, FRED) Modified on 1/4/2022 to link to proper motion. (Hicks, Samantha) |
| Filing 35 RESPONSE in Opposition re #33 MOTION for Summary Judgment filed by VELOCITOR SOLUTIONS, LLC filed by ASA COLLEGE, INC.. Replies due by 1/18/2022 (TOMBERG, ERIK) |
| Filing 34 Brief in support of #33 MOTION for Summary Judgment by VELOCITOR SOLUTIONS, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(MONROE, FRED) Modified on 12/5/2021 to correct event type. (Engle, Anita) |
| Filing 33 MOTION for Summary Judgment by VELOCITOR SOLUTIONS, LLC. Response to Motion due by 1/3/2022 (MONROE, FRED) |
| Filing 32 Statement of Material Facts re #30 MOTION for Summary Judgment filed by ASA COLLEGE, INC.. (TOMBERG, ERIK) |
| Filing 31 BRIEF re #30 MOTION for Summary Judgment by Defendant ASA COLLEGE, INC. filed by ASA COLLEGE, INC.. (TOMBERG, ERIK) |
| Filing 30 MOTION for Summary Judgment by ASA COLLEGE, INC.. Response to Motion due by 1/3/2022 (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Agreement, #3 Exhibit C - Depo. Tr. of Pacella (redacted), #4 Exhibit D - Spreadsheet (Velocitor_000218) (redacted), #5 Exhibit E - Depo. Tr. of Nemeth, #6 Exhibit F - Velocitor_000083-Velocitor_000084, #7 Exhibit G - Velocitor_000099-Velocitor_000101, #8 Exhibit H - Velocitor_000110, #9 Exhibit I - Velocitor_000109-Velocitor_000110, #10 Exhibit J - Velocitor_000112-Velocitor_000113, #11 Exhibit K - Velocitor_000017, #12 Exhibit L - Velocitor_000144, #13 Exhibit M - Velocitor_000158-Velocitor_000159, #14 Exhibit N - Velocitor_000154, #15 Exhibit O - July 30, 2020 email, #16 Exhibit P - Depo. Tr. of Mirenberg (redacted))(TOMBERG, ERIK) |
| Filing 29 NOTICE of Intent to File Dispositive Motions by Plaintiff VELOCITOR SOLUTIONS, LLC (MONROE, FRED) |
| Filing 28 NOTICE of Intent to File Dispositive Motions by Defendant ASA COLLEGE, INC. (TOMBERG, ERIK) |
Filing 27
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 10/25/2021; that the Consent Motion to Extend [Doc. #26 ] is GRANTED, and the deadline for the close of discovery is extended by two weeks, to November 3, 2021. (Hicks, Samantha)
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| Motion Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE: #26 Consent MOTION for Extension of Time to Complete Discovery. (Engle, Anita) |
| Filing 26 Consent MOTION for Extension of Time to Complete Discovery by ASA COLLEGE, INC.. (Attachments: #1 Text of Proposed Order)(TOMBERG, ERIK) |
| Filing 25 NOTICE of Hearing: Jury Trial set for 7/5/2022 at 09:30 AM in Winston-Salem Courtroom #1 before CHIEF JUDGE THOMAS D. SCHROEDER. Pretrial disclosures due 6/3/2022. Motions in limine due 6/10/2022. Any objections to pretrial disclosures and responses to motions in limine due 6/17/2022. Trial brief along with proposed instructions due 6/14/2022.(Engle, Anita) |
| Filing 24 SUPPLEMENTAL PROTECTIVE ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/5/2021; that the stipulated protective order is LIMITED and MODIFIED as set out herein. FURTHER ORDERED that the Parties must comply with the provisions of Local Rule 5.4 and the Default agreement in their Local Rule 5.5 Report, which will govern sealed filings. (Hicks, Samantha) |
| Filing 23 CONSENT PROTECTIVE ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/5/2021; as limited and modified by the Supplemental Protective Order filed contemporaneously herewith. (Hicks, Samantha) |
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Filing 22
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 5/5/2021; that Plaintiff's Motion to Compel [Doc. #16 ] is GRANTED IN PART and DENIED IN PART as set out above and in detail at the hearing. FURTHER ORDERED that the remaining discovery deadlines are extended by 90 days, such that Plaintiff's expert reports and disclosures are due August 30, 2021, Defendant's expert reports and disclosures are due September 30, 2021, and the deadline for completion of all discovery is October 20, 2021. FURTHER ORDERED that the Local Rule 5.5 Report [Doc. #20 ] is ADOPTED IN PART, and the Court adopts the Default agreed upon by the Parties but does not adopt the proposed Alternative included in the Report. (Hicks, Samantha)
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| Reset Scheduling Order Deadlines: Discovery due by 10/20/2021. (Hicks, Samantha) |
| Minute Entry for proceedings held before MAG/JUDGE JOI ELIZABETH PEAKE: Telephone Hearing held on 5/4/2021. For the reasons stated from the bench, Plaintiff's #16 Motion to Compel Discovery is hereby GRANTED in part and DENIED in part as clarified and further specified during the hearing held this day; Written Order Forthcoming. (Attended by Attorney Fred Monroe on behalf of plaintiff VELOCITOR SOLUTIONS, LLC; Attorney Erik Tomberg on behalf of defendant ASA COLLEGE, INC.; Proceedings Recorded) (Kemp, Donita) |
| Filing 21 JOINT STATUS REPORT filed by all parties. by VELOCITOR SOLUTIONS, LLC.(MONROE, FRED) |
| Filing 20 L.R. 5.5 Report-Joint filed by all parties by VELOCITOR SOLUTIONS, LLC.(MONROE, FRED) |
| TEXT ORDER issued by MAG/JUDGE JOI ELIZABETH PEAKE on 4/20/21. The Motion to Compel [Doc. #16] is set for a telephone hearing on Tuesday, May 4, 2021 at 10:00 a.m. The cases manager will provide call-in information. On or before Tuesday, April 27, 2021, the Parties must meet and confer and file a Joint Status Report regarding the status of the dispute, briefly setting out each sides position on the specific matters remaining in dispute to be addressed and resolved at the hearing.In addition, the Parties have submitted a Joint Motion for Protective Order [Doc. #18] but they have not yet submitted a Local Rule 5.5 Report. Therefore, on or before Tuesday, April 27, 2021, the Parties must meet and confer and file a Local Rule 5.5 Report.(Garrett, Kim) |
| Set Hearing: Telephone Hearing set for 5/4/2021 10:00 AM before MAG/JUDGE JOI ELIZABETH PEAKE. Re: #16 MOTION to Compel Discovery by VELOCITOR SOLUTIONS, LLC. (Kemp, Donita) |
| Filing 19 REPLY, filed by Plaintiff VELOCITOR SOLUTIONS, LLC, to Response to #16 MOTION to Compel Discovery filed by VELOCITOR SOLUTIONS, LLC. (MONROE, FRED) |
| Motion Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE: #16 MOTION to Compel Discovery. (Engle, Anita) |
| Filing 18 Joint MOTION for Protective Order (Consent Protective Order) by ASA COLLEGE, INC.. Response to Motion due by 4/21/2021 (Attachments: #1 Exhibit A - Consent Protective Order)(TOMBERG, ERIK) |
| Motion Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE: #18 Joint MOTION for Protective Order (Consent Protective Order). (Engle, Anita) |
| Filing 17 RESPONSE filed by Defendant ASA COLLEGE, INC. re #16 MOTION to Compel Discovery filed by VELOCITOR SOLUTIONS, LLC filed by ASA COLLEGE, INC.. Replies due by 4/12/2021 (Attachments: #1 Exhibit A - Agreement, #2 Exhibit B - ASA Responses, #3 Exhibit C - 2.3.21 Letter, #4 Exhibit D - 3.8.21 Response Letter, #5 Exhibit E - March 2021 Emails, #6 Exhibit F - Declaration of Mark Mirenberg)(TOMBERG, ERIK) |
| Filing 16 MOTION to Compel Discovery by VELOCITOR SOLUTIONS, LLC. Response to Motion due by 4/5/2021 (Attachments: #1 Exhibit A - Services Agreement, #2 Exhibit B - October 22, 2019 Email, #3 Exhibit C - Updated August 2019 Invoice, #4 Exhibit D - Updated September 2019 Invoice, #5 Exhibit E - March 11, 2020 Email, #6 Exhibit F - Plaintiff's Demand Letter to Defendant, #7 Exhibit G - Plaintiff's Discovery, #8 Exhibit H - Defendant's Responses, #9 Exhibit I - Plaintiff's Letter to Defendant re Discovery Responses, #10 Exhibit J - Defendant's Letter to Plaintiff re Response to Discovery Deficiency, #11 Exhibit K - Defendant's Email to Plaintiff Consenting to LR. 37.1 Expedited Procedures)(MONROE, FRED) |
| Filing 15 REPORT OF MEDIATOR from Wayne P. Huckel - Mediation Held on 3/9/2021. (IMPASSE)(Bond, Melisa) |
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Filing 14
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 2/18/2021; that the Motion To Extend The Mediation Deadline [Doc. #13 ] is GRANTED. The Mediation Scheduling Order is modified to extend the time to complete mediation until March 15, 2021. (Hicks, Samantha)
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| Filing 13 Joint MOTION for Extension of Time of Mediation Deadline by VELOCITOR SOLUTIONS, LLC. (Attachments: #1 Text of Proposed Order)(MONROE, FRED) |
| Motion Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE: #13 Joint MOTION for Extension of Time of Mediation Deadline. (Engle, Anita) |
| Filing 12 NOTICE of Attorney Appearance by attorney ERIK J. TOMBERG on behalf of Defendant ASA COLLEGE, INC. (TOMBERG, ERIK) |
| Case Reassigned to CHIEF JUDGE THOMAS D. SCHROEDER. UNASSIGNED no longer assigned to the case. (Marsh, Keah) |
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Filing 11
ORDER Appointing WAYNE P. HUCKEL, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Kemp, Donita)
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| MEDIATION SCHEDULING ORDER; Mediation due by 2/26/2021.(Kemp, Donita) |
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Filing 10
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 11/12/2020; that the parties' Joint Rule 26(f) Report [Doc. #9 ] is approved as submitted and as noted herein. Discovery is designated in LR 26.1(a) as: Complex. Discovery due by 7/20/2021. Plaintiffs Amended Pleadings due by 1/1/2021. Defendants Amended Pleadings due by 2/28/2021. Joinder of Parties for Plaintiff due by 1/1/2021. Joinder of Parties for Defendant due by 2/28/2021. The parties respectfully request an Article III Judge. Trial of the action is expected to take approximately 2 days. A jury trial has been demanded. (Hicks, Samantha)
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| Motions Referred: RE: #9 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) |
| Filing 9 Rule 26(f) Report (Joint) filed by all parties by VELOCITOR SOLUTIONS, LLC.(MONROE, FRED) |
| Filing 8 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 12/17/2020 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
| Filing 7 ANSWER to #3 Complaint with Jury Demand by ASA COLLEGE, INC.. (MELCHER, JEFFREY) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiff VELOCITOR SOLUTIONS, LLC. (MONROE, FRED) |
| Filing 5 Notice of Right to Consent. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 4 Summons Issued as to ASA COLLEGE, INC. (State Court document originally filed in Mecklenburg County Superior Court, case number 20CVS12298, issued 9/17/2020 and listed as Exhibit 1 to the Petition for Removal) (Sheets, Jamie) |
| Filing 3 COMPLAINT against ASA COLLEGE, INC., filed by VELOCITOR SOLUTIONS, LLC. (State Court document originally filed in Mecklenburg County Superior Court, case number 20CVS12298, and listed as Exhibit 1 to the Petition for Removal) (Sheets, Jamie) |
| Filing 2 Corporate Disclosure Statement by ASA COLLEGE, INC. (MELCHER, JEFFREY) |
| Filing 1 PETITION FOR REMOVAL against VELOCITOR SOLUTIONS, LLC (Filing fee $ 400 receipt number 0418-2914172), filed by ASA COLLEGE, INC. (Attachments: #1 Exhibit 1 Summons and Complaint, #2 Exhibit 2 Notice of Filing Notice of Removal, #3 Civil Cover Sheet)(MELCHER, JEFFREY) Modified on 10/19/2020 to edit exhibit descriptions. (Sheets, Jamie) |
| 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) |
| CASE REFERRED to Standing Order 30. (Sheets, Jamie) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) |
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| Defendant: ASA COLLEGE, INC. | |
| Represented By: | JEFFREY WILLIAM MELCHER |
| Represented By: | ERIK J. TOMBERG |
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| Plaintiff: VELOCITOR SOLUTIONS, LLC | |
| Represented By: | FRED B. MONROE |
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