DERNOSHEK v. FIRSTSERVICE RESIDENTIAL, INC. et al
| LOGAN DERNOSHEK |
| FIRSTSERVICE RESIDENTIAL CAROLINAS, INC., FIRSTSERVICE RESIDENTIAL, INC. and NEXTLEVEL ASSOCIATION SOLUTIONS, INC. doing business as HOMEWISEDOCS.COM |
| 1:2021cv00056 |
| January 20, 2021 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOE L WEBSTER |
| Fraud or Truth-In-Lending |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 19, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 32
MEMORANDUM OPINION AND ORDER signed by JUDGE CATHERINE C. EAGLES on 03/19/2021, that the plaintiff's motion to remand to state court, Doc. #21 , is DENIED. HomeWise's motion to file a sur-reply, Doc. #31 , is DENIED as moot. The motions to dismiss, Docs. #19 , #23 , remain pending subject to completion of the briefing. (Garland, Leah)
|
| Filing 31 MOTION for Leave to File Sur-Reply in Opposition to Plaintiff's Motion to Remand by NEXTLEVEL ASSOCIATION SOLUTIONS, INC.. Response to Motion due by 4/8/2021 (OLISS, PHILIP) |
| Filing 30 Suggestion of Subsequently Decided Authority re #27 Response in Opposition to Motion, by Defendant NEXTLEVEL ASSOCIATION SOLUTIONS, INC.. (OLISS, PHILIP) |
| Motions Submitted: #21 MOTION to Remand to State Court to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The Court has begun its review of briefing in connection with pending motions. The parties are reminded that briefing should not include excessive expressions of opinion by counsel; excessive use of conclusory, meaningless, or negative rhetoric, especially on irrelevant matters; or excessive use of adverbs. See, e.g., Doc. 27 at 6 (characterizing opponents claims as groundless when merits are not at issue in motion), at 7 (characterizing opponents position on the merits as a vain attempt when merits not at issue), at 8 (characterizing opponents brief as in retreat), at 10 (characterizing opponents claims on the merits as overreaching when merits not at issue), at 11 n. 2 (characterizing opponents class definition as haphazard when class definition not at issue in motion); at 18 (characterizing opponents arguments as hollow); at 21 (using flatly, firmly, and clearly, all on one page). Parties who persist in excessive use of such unhelpful, irrelevant, or distracting language are likely to see their word limits reduced for future briefing or to have their briefs struck. The Court does not need the assistance of opposing counsel in identifying such excesses. (Sanders, Marlene)
|
| Filing 29 REPLY, filed by Plaintiff LOGAN DERNOSHEK, to Response to #21 MOTION to Remand to State Court filed by LOGAN DERNOSHEK. (HARRIS, SCOTT) |
| Filing 28 RESPONSE in Opposition re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NEXTLEVEL ASSOCIATION SOLUTIONS, INC., #23 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FIRSTSERVICE RESIDENTIAL CAROLINAS, INC. Consolidated Memorandum filed by LOGAN DERNOSHEK. Replies due by 3/29/2021 (HARRIS, SCOTT) |
| Filing 27 RESPONSE in Opposition re #21 MOTION to Remand to State Court filed by LOGAN DERNOSHEK filed by NEXTLEVEL ASSOCIATION SOLUTIONS, INC.. Replies due by 3/15/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(OLISS, PHILIP) |
|
Filing 26
ORDER signed by JUDGE CATHERINE C. EAGLES on 03/02/2021, that: 1. Plaintiff is authorized to file a consolidated response to Defendants' motions to dismiss by March 15, 2021, to include no more than 8,500 words; 2. Defendants' replies shall be filed by April 9, 2021, and if one reply brief is filed jointly it may include up to 4,250 words; if separate briefs are filed, the usual word limits apply. (Garland, Leah)
|
| Motions Submitted: #25 Joint MOTION to Modify Briefing Schedule and for Plaintiff to File Consolidated Response to Defendants' Motions to Dismiss to JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 25 Joint MOTION to Modify Briefing Schedule and for Plaintiff to File Consolidated Response to Defendants' Motions to Dismiss by LOGAN DERNOSHEK. Response to Motion due by 3/19/2021 (Attachments: #1 Text of Proposed Order)(HARRIS, SCOTT) |
| Filing 24 MEMORANDUM filed by Defendant FIRSTSERVICE RESIDENTIAL CAROLINAS, INC. re #23 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by FIRSTSERVICE RESIDENTIAL CAROLINAS, INC.. (Attachments: #1 Exhibit A - McEachran Law Review Article, #2 Exhibit B - Session Law, #3 Exhibit C - Common Interest Communities)(DEAN, LAURA) |
| Filing 23 Amended MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FIRSTSERVICE RESIDENTIAL CAROLINAS, INC.. Response to Motion due by 3/15/2021 (DEAN, LAURA) |
|
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The deadline to respond to the motion to remand, #21 , is shortened to March 8, 2021. Any reply is due March 15, 2021.(Sanders, Marlene)
|
| Filing 22 MEMORANDUM filed by Plaintiff LOGAN DERNOSHEK re #21 MOTION to Remand to State Court In Support of Motion filed by LOGAN DERNOSHEK. (HARRIS, SCOTT) |
| Filing 21 MOTION to Remand to State Court by LOGAN DERNOSHEK. Response to Motion due by 3/12/2021 (HARRIS, SCOTT) |
| Filing 20 MEMORANDUM filed by Defendant NEXTLEVEL ASSOCIATION SOLUTIONS, INC. re #19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NEXTLEVEL ASSOCIATION SOLUTIONS, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(OLISS, PHILIP) |
| Filing 19 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NEXTLEVEL ASSOCIATION SOLUTIONS, INC.. Response to Motion due by 3/3/2021 (OLISS, PHILIP) |
| TEXT ORDER granting #15 Joint Motion to Set Time for Defendant FirstService Residential Carolinas, Inc., to file Amended Motion to Dismiss and for Relief from Local Rule 23.1. For good cause shown, Defendant Carolinas shall have up to and including February 22, 2021 to file an Amended Motion to Dismiss and supporting brief; and the time by which Plaintiff is required to file a motion for determination under Federal Rule of Civil Procedure 23(c)(1) pursuant to Local Rule 23.1(b) is stayed until the parties address this deadline in any Rule 26(f) Report submitted to this Court. Issued by MAG/JUDGE JOE L. WEBSTER on 1/29/2021.(Lee, Pedra) |
| Filing 18 NOTICE of Attorney Appearance by attorney PATRICK M. WALLACE on behalf of Plaintiff LOGAN DERNOSHEK (WALLACE, PATRICK) |
| Filing 17 NOTICE of Attorney Appearance by attorney JEREMY R. WILLIAMS on behalf of Plaintiff LOGAN DERNOSHEK (WILLIAMS, JEREMY) |
| Filing 16 NOTICE of Attorney Appearance by attorney SCOTT C. HARRIS on behalf of Plaintiff LOGAN DERNOSHEK (HARRIS, SCOTT) |
| Filing 15 Joint MOTION To Set Time for FirstService Residential Carolinas, Inc. to File Amended Motion to Dismiss and for Relief From Local Rule 23.1 by FIRSTSERVICE RESIDENTIAL CAROLINAS, INC.. Response to Motion due by 2/18/2021 (Attachments: #1 Exhibit 1- Notice of Voluntary Dismissal, #2 Exhibit 2 - Motion to Dismiss and Answer)(DEAN, LAURA) |
| Motions Referred: RE: #15 Joint MOTION To Set Time for FirstService Residential Carolinas, Inc. to File Amended Motion to Dismiss and for Relief From Local Rule 23.1 to MAG/JUDGE JOE L. WEBSTER (Sanders, Marlene) |
| Filing 14 NOTICE of Special Appearance by attorney ALEXANDER W. PRUNKA on behalf of Defendant NEXTLEVEL ASSOCIATION SOLUTIONS, INC. ( Filing fee $ 25 receipt number 0418-2970616.) (PRUNKA, ALEXANDER) |
| Filing 13 NOTICE of Special Appearance by attorney PHILIP M. OLISS on behalf of Defendant NEXTLEVEL ASSOCIATION SOLUTIONS, INC. ( Filing fee $ 25 receipt number 0418-2970582.) (OLISS, PHILIP) |
| Filing 12 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 11 NOTICE of Attorney Appearance by attorney STEVEN A. MECKLER on behalf of Defendant NEXTLEVEL ASSOCIATION SOLUTIONS, INC. (MECKLER, STEVEN) |
| Filing 10 Consent MOTION for Extension of Time to File Answer re #3 Amended Complaint, by NEXTLEVEL ASSOCIATION SOLUTIONS, INC.. (THURMAN, FREDERICK) |
| Filing 9 NOTICE of Attorney Appearance by attorney FREDERICK M. THURMAN, JR on behalf of Defendant NEXTLEVEL ASSOCIATION SOLUTIONS, INC. (THURMAN, FREDERICK) |
| Filing 8 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Defendant FIRSTSERVICE RESIDENTIAL CAROLINAS, INC.. (DEAN, LAURA) |
| Filing 7 NOTICE of Attorney Appearance by attorney LAURA E. DEAN on behalf of Defendant FIRSTSERVICE RESIDENTIAL CAROLINAS, INC. (DEAN, LAURA) |
| Filing 6 NOTICE of Attorney Appearance by attorney RICHARD T. BOYETTE on behalf of Defendant FIRSTSERVICE RESIDENTIAL CAROLINAS, INC. (BOYETTE, RICHARD) |
| Filing 5 Notice of Right to Consent. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 4 Summons Issued as to NEXTLEVEL ASSOCIATION SOLUTIONS, INC. (Original filed in Cabarrus County Superior Court, case number 20CVS1689, issued 12/14/2020 and listed as Exhibit 2 to the Petition for Removal) (Sheets, Jamie) |
| Filing 3 AMENDED COMPLAINT against defendant FIRSTSERVICE RESIDENTIAL, INC., FIRSTSERVICE RESIDENTIAL CAROLINAS, INC., NEXTLEVEL ASSOCIATION SOLUTIONS, INC., filed by LOGAN DERNOSHEK. (Original filed in Cabarrus County Superior Court, case number 20CVS1689, and listed as Exhibit 3 to the Petition for Removal) (Sheets, Jamie) |
| Filing 2 Corporate Disclosure Statement by NEXTLEVEL ASSOCIATION SOLUTIONS, INC. (THURMAN, FREDERICK) |
| Filing 1 PETITION FOR REMOVAL against LOGAN DERNOSHEK (Filing fee $ 402 receipt number 0418-2969133), filed by NEXTLEVEL ASSOCIATION SOLUTIONS, INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (THURMAN, FREDERICK) |
| 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) |
|
ORDER granting #10 Motion for Extension of Time to Answer for NEXTLEVEL ASSOCIATION SOLUTIONS, INC. Answer due by 2/10/2021. Signed by John Brubaker, Clerk of Court, on 1/20/2021. (Brubaker, John)
|
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
