KT GRADING, LLC et al v. NTS MIKEDON, LLC et al
| KT GRADING, LLC, HAROLD M. KERN, III and ZACH TRAN |
| NTS MIKEDON, LLC doing business as NATIONAL TRENCH SAFETY and NATIONAL TRENCH SAFETY, LLC |
| NTS MIKEDON, LLC |
| 1:2022cv00682 |
| August 19, 2022 |
| US District Court for the Middle District of North Carolina |
| WILLIAM L OSTEEN |
| JOE L WEBSTER |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity |
| Defendant |
Docket Report
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| Filing 22 NOTICE by NATIONAL TRENCH SAFETY, LLC, NTS MIKEDON, LLC re #21 Reply to Response to Motion (HOUTI, JENNIFER) |
| Filing 21 REPLY, filed by Defendants NATIONAL TRENCH SAFETY, LLC, NTS MIKEDON, LLC, to Response to #5 MOTION to Transfer Case filed by NATIONAL TRENCH SAFETY, LLC, NTS MIKEDON, LLC. (HOUTI, JENNIFER) |
Filing 20
ORDER signed by JUDGE WILLIAM L. OSTEEN, JR on 10/11/2022; that Plaintiff's Motion for Extension of Time, (Doc. #13 ), is GRANTED, and Plaintiffs shall have to and including October 10, 2022, within which to respond to Defendants' Motion to Transfer, (Doc. #5 ). FURTHER that Plaintiff's Memorandum in Opposition to Defendants' Motion to Transfer, (Doc. #19 ), filed on October 5, 2022, is hereby deemed timely filed. (Sheets, Jamie)
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| TEXT ORDER granting #18 Joint Motion to Stay Discovery and Deadlines pending resolution of Defendants' Motion to Transfer; finding as moot #16 RULE 26F (JOINT); finding as moot #17 Motion for L.R. 5.5 Report-Joint. The parties seek an order staying all discovery and deadlines in this action pending resolution of the Motion to Transfer, including the deadline to exchange initial disclosures pursuant to Rule 26(f). Having considered the parties' motion and the arguments therein, the Court GRANTS the Joint Motion and discovery shall be STAYED pending the Court's resolution of Defendants' Motion to Transfer. If Defendants' motion is denied, the parties shall file a revised Joint Rule 26(f) Report and Joint Local Rule 5.5 Report within seven (7) days of said ruling. IT IS FURTHER ORDERED that the Parties' #16 Joint Rule 26(f) Report with #17 L.R. 5.5 Report (Docket Entries 16, 17) shall be terminated as moot. Issued by MAG/JUDGE JOE L. WEBSTER on 10/11/2022.(Lee, Pedra) |
| Motions Referred: RE: #17 L.R. 5.5 Report-Joint filed by all parties, #16 Rule 26(f) Report (Joint) filed by all parties, #18 Joint MOTION to Stay Discovery and Deadlines, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
| Filing 19 RESPONSE in Opposition re #5 MOTION to Transfer Case filed by NATIONAL TRENCH SAFETY, LLC, NTS MIKEDON, LLC filed by HAROLD M. KERN, III, KT GRADING, LLC, ZACH TRAN. Replies due by 10/19/2022 (ROSSABI, AMIEL) |
| Filing 18 Joint MOTION to Stay Discovery and Deadlines by NATIONAL TRENCH SAFETY, LLC, NTS MIKEDON, LLC. Response to Motion due by 10/25/2022 (HOUTI, JENNIFER) |
| Filing 17 L.R. 5.5 Report-Joint filed by all parties by NATIONAL TRENCH SAFETY, LLC, NTS MIKEDON, LLC. (Attachments: #1 Exhibit A - Joint Proposal Regarding Requests to File Under Seal)(HOUTI, JENNIFER) |
| Filing 16 Rule 26(f) Report (Joint) filed by all parties by NATIONAL TRENCH SAFETY, LLC, NTS MIKEDON, LLC.(HOUTI, JENNIFER) |
| Filing 15 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 10/19/2022 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
| Filing 14 REPLY by Plaintiffs HAROLD M. KERN, III, KT GRADING, LLC, ZACH TRAN Reply to Defendants' Counterclaim. (ROSSABI, AMIEL) |
| Motion Submitted to JUDGE WILLIAM L. OSTEEN, JR., re: #13 MOTION for Extension of Time to File Response to #5 MOTION to Transfer Case. (Daniel, J) |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #5 MOTION to Transfer Case by HAROLD M. KERN, III, KT GRADING, LLC, ZACH TRAN. (Attachments: #1 Proposed Order Motion for Extension of Time to respond to Motion to Transfer)(REARDON, GAVIN) |
| Filing 12 ANSWER to #7 Complaint with Jury Demand , Affirmative Defenses, Counterclaim against by NTS MIKEDON, LLC, NATIONAL TRENCH SAFETY, LLC. (Attachments: #1 Exhibit A-Redacted Credit Application, #2 Exhibit B-Rental Agreement, #3 Exhibit C-Demands, #4 Exhibit D-Statement and Invoices, #5 Exhibit E-Affidavit of Beverly Richards)(ROSS, ADAM) |
| Filing 11 Corrected document re #5 MOTION to Transfer Case. (Attachments: #1 Exhibit A - Redacted Credit Application, #2 Exhibit B - Rental Agreement) (HOUTI, JENNIFER) Modified on 8/26/2022 to link to corresponding pleading. (Sheets, Jamie) |
| Filing 10 NOTICE of Attorney Appearance by attorney GAVIN J. REARDON on behalf of Plaintiffs HAROLD M. KERN, III, KT GRADING, LLC, ZACH TRAN (REARDON, GAVIN) |
| Case ASSIGNED to JUDGE WILLIAM L. OSTEEN, JR and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) |
| Filing 9 NOTICE of Attorney Appearance by attorney ADAM L. ROSS on behalf of Defendants NATIONAL TRENCH SAFETY, LLC, NTS MIKEDON, LLC (ROSS, ADAM) |
| Filing 8 Summons Issued as to All Defendants. (Originally filed in Guilford County Superior Court, Case Number 22-CVS-6308, issued 7/19/2022, and listed as Exhibit 1 to the Petition for Removal.) (Carter, Alexus) |
| Filing 7 COMPLAINT against All Defendants, filed by KT GRADING, LLC, HAROLD M. KERN, III, and ZACH TRAN. (Originally filed in Guilford County Superior Court, Case Number 22-CVS-6308, and listed as Exhibit 1 to the Petition for Removal.) (Carter, Alexus) |
| Filing 6 MEMORANDUM filed by Defendants NTS MIKEDON, LLC, NATIONAL TRENCH SAFETY, LLC. re #5 MOTION to Transfer Case filed by NTS MIKEDON, LLC, NATIONAL TRENCH SAFETY, LLC. (HOUTI, JENNIFER) |
| Filing 5 MOTION to Transfer Case by NTS MIKEDON, LLC, NATIONAL TRENCH SAFETY, LLC. Response to Motion due by 9/9/2022 (Attachments: #1 Exhibit Credit Application, #2 Exhibit Rental Agreement) (HOUTI, JENNIFER) |
| Filing 4 Corporate Disclosure Statement by Defendants NTS MIKEDON, LLC identifying Corporate Parent NATIONAL TRENCH SAFETY, LLC, NTS CONSOLIDATED HOLDINGS, INC., WESTAR MANUFACTURING INC., for NTS MIKEDON, LLC. (HOUTI, JENNIFER) Modified on 8/19/2022 to add correct corporate parent names. (Sheets, Jamie) |
| Filing 3 Corporate Disclosure Statement by Defendants NATIONAL TRENCH SAFETY, LLC identifying Corporate Parent NTS CONSOLIDATED HOLDINGS, INC., WESTAR MANUFACTURING INC. (HOUTI, JENNIFER) Modified on 8/19/2022 to add correct corporate parent names. (Sheets, Jamie) |
| Filing 2 NOTICE of Attorney Appearance by attorney JENNIFER M. HOUTI on behalf of Defendants NTS MIKEDON, LLC, NATIONAL TRENCH SAFETY, LLC. (HOUTI, JENNIFER) |
| Filing 1 PETITION FOR REMOVAL against All Plaintiffs (Filing fee $ 402 receipt number ANCMDC-3363581), filed by NTS MIKEDON, LLC, NATIONAL TRENCH SAFETY, LLC. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Demand) (HOUTI, JENNIFER) |
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