ELFONT v. SWIFT RESPONSE, LLC et al
| THOMAS D. ELFONT |
| APOLLO AEROSOL INDUSTRIES, LLC and PLZ AEROSCIENCE CORPORATION |
| LOWE'S HOME CENTERS, LLC |
| SWIFT RESPONSE, LLC |
| 1:2021cv00166 |
| March 1, 2021 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| Tort Product Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Both |
Docket Report
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| Document Text |
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| Filing 29 STIPULATION of Dismissal of Elfont, Thomas by THOMAS D. ELFONT. (WOOD, WALTER) |
| Filing 28 NOTICE OF JOINDER to RESPONSE re #27 Response in Opposition to Motion, #24 MOTION to Remand to State Court Notice of Joinder with Response [DE 27] filed by LOWE'S HOME CENTERS, LLC. Replies due by 4/30/2021 (BADER, STEVEN) |
| Filing 27 RESPONSE in Opposition re #25 Brief,,, #24 MOTION to Remand to State Court filed by THOMAS D. ELFONT filed by APOLLO AEROSOL INDUSTRIES, LLC. Replies due by 4/30/2021 (Attachments: #1 Exhibit A - Service of Process, #2 Exhibit B - Beckum Docket, #3 Exhibit C - Thomas Docket, #4 Exhibit D - Beckum Nonsuit Order, #5 Exhibit E - Thomas Dismissal)(DEDMAN, JAMES) |
TEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The time to file a response to the motion to remand is shortened to April 16, 2021. Any reply brief is due April 23, 2021. If any discovery was served before removal, it shall be answered no later than April 19, 2021. (Sanders, Marlene)
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| Filing 26 Corporate Disclosure Statement by APOLLO AEROSOL INDUSTRIES, LLC. (DEDMAN, JAMES) |
| Filing 25 BRIEF re #24 MOTION to Remand to State Court . (Attachments: #1 Exhibit 1 - PLZ Counsel Email, #2 Exhibit 2 - PLZ Discovery to Plaintiff, #3 Exhibit 3 - Am. Compl., Beckum v. Swift Response, 3:18-cv-0555 (N.D. Tex. Apr. 8, 2018), #4 Exhibit 4 - Def. Lowes Home Centers, LLCs Original Answer to Pl.s First Am. Compl., Beckum v. Swift Response, 3:18-cv-0555 (N.D. Tex. Apr. 30, 2018), #5 Exhibit 5 - Notice of Removal 2, Thomas v. Swift Response, 3:18-cv-00628 (W.D. Ky. Sept. 20, 2018), #6 Exhibit 6 - Compl., and Answer of Lowes and Swift, Vandivort v. Swift Response et al, CACE 15-012741 (Broward Cnty. Fl. Cir. Ct. Oct. 20, 2016), #7 Exhibit 7 - PLZ Aeroscience Corp.s First Set of Reqs. for Admission to Def. Lowes Home Centers, LLC (dated Jan. 19, 2021), #8 Exhibit 8 - Holston Med. Grp., P.C. v. Cook, No. 3:20-CV-00274-MOC-DSC, 2020 WL 3446247 (W.D.N.C. June 24, 2020))(WOOD, WALTER) |
| Filing 24 MOTION to Remand to State Court by THOMAS D. ELFONT. Response to Motion due by 4/21/2021 (WOOD, WALTER) |
| Filing 23 NOTICE of Attorney Appearance by attorney CHRISTOPHER R. BAGLEY on behalf of Plaintiff THOMAS D. ELFONT (BAGLEY, CHRISTOPHER) |
| Filing 22 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 5/20/2021 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) |
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Filing 21
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 03/26/2021, that the Motion for Extension [Doc. #15 ] is GRANTED and that the Answer filed March 8, 2021 is deemed timely filed. (Garland, Leah)
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| Filing 20 NOTICE of Attorney Appearance by attorney STEVEN A. BADER on behalf of Defendant LOWE'S HOME CENTERS, LLC, Cross Claimant LOWE'S HOME CENTERS, LLC (BADER, STEVEN) |
| Filing 19 CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Cross Defendant SWIFT RESPONSE, LLC, Defendant SWIFT RESPONSE, LLC by SWIFT RESPONSE, LLC.(WILSON, CLAUDE) |
| Filing 18 ANSWER to #5 Answer to Complaint,, Crossclaim, by APOLLO AEROSOL INDUSTRIES, LLC. (DEDMAN, JAMES) |
| Filing 17 NOTICE to State Court of Filing Petition for Removal by Defendant APOLLO AEROSOL INDUSTRIES, LLC (Attachments: #1 Exhibit A - Executed Acknowledgment of State Court)(DEDMAN, JAMES) |
| Filing 16 ANSWER to Amended Complaint by APOLLO AEROSOL INDUSTRIES, LLC. (DEDMAN, JAMES) |
| Motions Referred: RE: #15 MOTION for Extension of Time to File Answer re #9 Amended Complaint, to MAG/JUDGE JOI ELIZABETH PEAKE (Sanders, Marlene) |
| Filing 15 MOTION for Extension of Time to File Answer re #9 Amended Complaint, by APOLLO AEROSOL INDUSTRIES, LLC. (DEDMAN, JAMES) |
| Filing 14 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES. (Sanders, Marlene) |
| Filing 13 NOTICE of Attorney Appearance by attorney PRESTON W. ROLLERO on behalf of Cross Defendant SWIFT RESPONSE, LLC, Defendant SWIFT RESPONSE, LLC (ROLLERO, PRESTON) |
| Filing 12 NOTICE of Attorney Appearance by attorney CLAUDE ROBERSON WILSON, III on behalf of Cross Defendant SWIFT RESPONSE, LLC, Defendant SWIFT RESPONSE, LLC (WILSON, CLAUDE) |
| Filing 11 Notice of Right to Consent. (Attachments: #1 Consent Form) (Sheets, Jamie) |
| Filing 10 ANSWER to Amended Complaint by SWIFT RESPONSE, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) |
| Filing 9 AMENDED COMPLAINT against defendant SWIFT RESPONSE, LLC, APOLLO AEROSOL INDUSTRIES, LLC, LOWE'S HOME CENTERS, LLC, filed by THOMAS D. ELFONT. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Attachment 5 to the Petition for Removal) (Sheets, Jamie) |
| Filing 8 RESPONSE re #5 Answer to Complaint, Crossclaim, filed by SWIFT RESPONSE, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) |
| Filing 7 ANSWER to #3 Complaint, with Jury Demand by SWIFT RESPONSE, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) |
| Filing 6 RESPONSE re #5 Answer to Complaint, Crossclaim, filed by PLZ AEROSCIENCE CORPORATION. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) |
| Filing 5 ANSWER to #3 Complaint, with Jury Demand, CROSSCLAIM against SWIFT RESPONSE, LLC, PLZ AEROSCIENCE CORPORATION, by LOWE'S HOME CENTERS, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) |
| Filing 4 Summons Issued as to PLZ AEROSCIENCE CORPORATION, SWIFT RESPONSE, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, issued 8/26/2020 and listed as Exhibit B to the Petition for Removal) Sheets, Jamie) |
| Filing 3 COMPLAINT against SWIFT RESPONSE, LLC, PLZ AEROSCIENCE CORPORATION, LOWE'S HOME CENTERS, LLC, filed by THOMAS D. ELFONT. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) |
| Filing 2 NOTICE of Attorney Appearance by attorney JAMES M. DEDMAN, IV on behalf of Defendant APOLLO AEROSOL INDUSTRIES, LLC (DEDMAN, JAMES) |
| Filing 1 PETITION FOR REMOVAL against THOMAS D. ELFONT ( Filing fee $ 402 receipt number 0418-2997377.), filed by APOLLO AEROSOL INDUSTRIES, LLC. (Attachments: #1 Exhibit A - Lowe's Discovery Responses, #2 Exhibit B - All State Court Pleadings, #3 Notice of Filing Notice of Removal, #4 Proposed Acknowledgment of State Court, #5 Amended Complaint, #6 Certificate of Service)(DEDMAN, JAMES) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOI ELIZABETH PEAKE. (Sheets, Jamie) |
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