SUTTON v. EQUITY RESOURCES INC
| DARYL OSRIC SUTTON doing business as DARYL OSRIC SUTTON EXPRESS TRUST |
| EQUITY RESOURCES INC doing business as EQUITY RESOURCES OF OHIO INC |
| 1:2022cv00905 |
| October 24, 2022 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel, Assault, Slander |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 1, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| TEXT ORDER granting #12 Motion for Extension of Time. Defendant shall answer or otherwise respond to this action by 01/04/2023. In #13 Exceptions, Plaintiff has opposed #12 Motion, but has offered no reasoned challenge to the representation in #12 Motion that Defendant's counsel reasonably required additional time to analyze the voluminous allegations in #1 Complaint, which invokes both federal and state constitutional provisions, as well as at least nine federal statutes and numerous state statutes, and which incorporates 34 exhibits. Under these circumstances, the Court finds good cause under Federal Rule of Civil Procedure 6(b)(1)(A) for the requested extension of time. The Court further finds no violation of Local Rule 6.1(a) (as alleged in #13 Exceptions), which only requires consultation with opposing counsel, not opposing pro se parties. The Court, however, encourages Defendant's counsel (A) to undertake such consultation moving forward to the extent practicable, and (B) not to seek extensions of time on a routine basis. Finally, #13 Exceptions lacks adequate support for its assertion that Defendant failed to timely serve #12 Motion. Notably, #13 Exceptions does not deny Plaintiff's receipt of #12 Motion and the content of #13 Exceptions indicates that Plaintiff did receive #12 Motion. Further, #13 Exceptions alleges that Defendant did not "provide to [Plaintiff,] on the date alleged in the certificate of service, service," but ignores the fact that "service is complete upon mailing," Fed. R. Civ. P. 5(b)(2)(C), not when Plaintiff receives the mailing. The Court cautions Plaintiff to refrain from making unsupported allegations of bad faith conduct against Defendant's counsel or risk a finding by the Court that Plaintiff has acted in bad faith. Issued by MAG/JUDGE L. PATRICK AULD on 12/01/2022. (AULD, L.) |
| Filing 13 RESPONSE to Respondent's Motion for Extension of Time filed by Plaintiff DARYL OSRIC SUTTON re #12 MOTION for Extension of Time to File Answer re #1 Complaint, filed by EQUITY RESOURCES INC filed by DARYL OSRIC SUTTON. Replies due by 12/14/2022. (Bowers, Alexis) |
| TEXT ORDER (A) temporarily granting in part #12 Motion for Extension of Time, in that the time for Defendant to file an answer (or otherwise respond) to this action is tolled pending an expedited opportunity for Plaintiff to file any response to #12 Motion; and (B) shortening the response deadline as to #12 Motion to 12/01/2022. Issued by MAG/JUDGE L. PATRICK AULD on 11/16/2022. (AULD, L.) |
| Motions Referred: RE: #12 MOTION for Extension of Time to File Answer re #1 Complaint,,, , to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint,,, by EQUITY RESOURCES INC. (Attachments: #1 Text of Proposed Order Proposed Order)(COLLINS, CLAIRE) |
| Filing 11 Corporate Disclosure Statement. (COLLINS, CLAIRE) |
| Filing 10 NOTICE of Attorney Appearance by attorney CLAIRE LOUISE COLLINS on behalf of Defendant EQUITY RESOURCES INC (COLLINS, CLAIRE) |
| Filing 9 STANDARD ORDER for civil cases proceeding before JUDGE CATHERINE C. EAGLES.(Winchester, Robin) |
| Filing 8 SUMMONS Returned Executed as to EQUITY RESOURCES INC served on 11/14/2022, answer due 12/5/2022. (Bowers, Alexis) |
| Filing 7 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (Carter, Alexus) |
| Filing 6 Summons Issued as to EQUITY RESOURCES INC. (Carter, Alexus) |
| TEXT ORDER striking #5 First Set of Interrogatories and Request for Production of Documents. Pursuant to Local Rule 26.1(b)(3), parties shall not file discovery materials with the Court unless directed to do so or as necessary for particular proceedings (such as the resolution of motions). Plaintiff shall familiarize himself with and shall comply with the Local Rules. Failure by Plaintiff to do so shall result in the dismissal of this action. Issued by MAG/JUDGE L. PATRICK AULD on 10/26/2022. (AULD, L.) |
| TEXT ORDER striking #4 Mandatory Judicial Notice of Adjudicative Facts, which purports to "motion[ this Court] to take mandatory judicial notice" under Federal Rule of Evidence 201 of the United States Constitution, the North Carolina Constitution, and various insufficiently identified "Public Law[s]." Constitutions and laws are not "adjudicative facts" under Federal Rule of Evidence 201 and the Court does not require motions to follow the law. Plaintiff shall cease and desist making frivolous filings of this sort. Failure by Plaintiff to comply with that directive shall result in sanctions, up to and including the dismissal of this action. Issued by MAG/JUDGE L. PATRICK AULD on 10/26/2022. (AULD, L.) |
| Motions Submitted: #3 MOTION to Seal Case to JUDGE CATHERINE C. EAGLES- (Winchester, Robin) |
| Motions No Longer Submitted #3 MOTION to Seal Case to Judge Eagles (Winchester, Robin) |
| Case ASSIGNED to JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (Carter, Alexus) |
| TEXT ORDER denying #3 Motion for Leave to File under Seal. Plaintiff provides no lawful basis for sealing of this case in #3 Motion and the issuing Magistrate Judge's review of #1 Complaint reveals none. The Clerk shall unseal this case. Issued by MAG/JUDGE L. PATRICK AULD on 10/26/2022. (AULD, L.) |
| Motions Referred: RE: #3 MOTION to Seal Case, to MAG/JUDGE L. PATRICK AULD (Winchester, Robin) |
| Filing 5 ***Stricken***FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS Propounded to EQUITY RESOURCES INC, by DARYL OSRIC SUTTON. (Carter, Alexus) Modified on 10/26/2022 per Text Order dated 10/26/2022. (Bowers, Alexis). |
| Filing 4 MOTION entitled "MOTION FOR MANDATORY JUDICIAL NOTICE" by DARYL OSRIC SUTTON. Response to Motion due by 11/14/2022. (Carter, Alexus) |
| Filing 3 MOTION FOR LEAVE TO FILE UNDER SEAL by DARYL OSRIC SUTTON. (Carter, Alexus) |
| Filing 2 CIVIL COVER SHEET. (Carter, Alexus) |
| Filing 1 COMPLAINT (Trial By Jury Demanded) against EQUITY RESOURCES INC, filed by DARYL OSRIC SUTTON. (Attachments: #1 Notice of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34) (Carter, Alexus) |
| Receipt of Funds in the amount of $ 402.00. Receipt Number: 48. (Carter, Alexus) |
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| Plaintiff: DARYL OSRIC SUTTON doing business as DARYL OSRIC SUTTON EXPRESS TRUST | |
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| Defendant: EQUITY RESOURCES INC doing business as EQUITY RESOURCES OF OHIO INC | |
| Represented By: | CLAIRE LOUISE COLLINS |
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