WADDELL et al v. TITLEMAX OF VIRGINIA, INC. et al
Aaron Waddell, Abreka Regues, Albert Sidney Palmer, Alisha Dobson, Andrew Anderson, Angel Pasina, Angela Davis, Anita Johnson, Anquinetta Maxwell, Antwan McClain, Antown Richardson, Ashleigh Patito, Ashley Rogers, Ashley Thomas, Brandi Coble, Carol Yard, Caryolyn Lee, Charon Blue, Christopher Crabtree, Christopher Murphy, COURTNEY POTEAT, Creola Crouch, David Swiney, Deddrick Hunter, Dedric Parker, Delinda McCallum, Dennis Johnson, Dennis Robinson, Dominque Clawson, Doneezha Davis, Donoven Autry, Ebonee Douglas, Erice Blyther, Ethel Baker, Grayland McRae, Grover Tanner, Gwen Meeks, Herman Gatling, Imani Mitchell, Ivory Joyner, James Pittman, Janet Oxendine, Jaran Young, Jawan Charley, Jazmine Phifer, Jeannie Oxedine, Jeffery Dixon, Jeffery Woods, Jessica Hardy, Joseph Hansaw, Joseph Peterson, Jr., Juan Carlton, Kathy McGlothan, Kevin Odom, Kevin Sullivan, Keya Graham, Kimberli Grimes, Lakisha Bulter, Laquana McGrant, Lasuan Williams, Latasha Hood, Latoya Hayes, Latoya Sullivan, Laura Winchester, Lenora Ling, Leshorne Adkins, Lisa Clarke Barber, Loria Mason, Marlin Hall, McKinley Mathis, Mekiiela Barnes, Mel James, Orlando Watkins, Pecolel Bobbitt, Ponce Jones, Portia Martinez, Quentin Graham, Rachael Lacy, Rahsheda Baker, Randolph Howard, Reginald Hamilton, Renee Bardge, Rosella Sherlock, Ruben Robinson, Sajata Henry, Samantha Davis, Sanuel Mobley, Sashelle McCray, Sean Ashe, Sharie Boyd, Shawndell Carpenter, Sheila Twitty, Sidney Pittman, Sontonio Moore, Starasia Brown, Tama Udoema, Tara Watkins, Terris Brim, Sr., Thomas Blackburn, Thomas McCallum, Thomas Nava, Timothy Dillard, Timothy Williams, Tomika Freeman, Tousont Simmons, Valerie McLendon Walls, Vere Tonge, Vernetta Davis, Vivian Dillard, Weldon Timmons, William Phillips, Jr., Willie White, ANTWON RICHARDSON, CAROLYN LEE, DOMINIQUE CLAWSON, JEFFREY DIXON, JEFFREY WOODS, JOSEPH HANSHAW, LAKISHA BUTLER, LASAUN WILLIAMS, SOTONIO MOORE and ALL PLAINTIFFS |
TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TitleMax of Tennessee, Inc. and TITLEMAX OF GEORGIA, INC. |
1:2023cv00034 |
January 13, 2023 |
US District Court for the Middle District of North Carolina |
LORETTA C BIGGS |
JOE L WEBSTER |
Contract: Other |
28 U.S.C. § 1332 Diversity |
None |
Docket Report
This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.
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Filing 25 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 8/30/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
TEXT ORDER: Based upon review of the supplemental responses to the Court's subject-matter jurisdiction inquiry, the Court concludes that it has subject-matter jurisdiction over this matter. This case may now proceed. The Initial Pretrial Conference Hearing shall be set for August 30, 2023 at 9:30am in Durham, Courtroom Second Floor. Issued by MAG/JUDGE JOE L. WEBSTER on 7/10/2023. (Lee, Pedra) |
Filing 24 NOTICE by TITLEMAX OF GEORGIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC. re #22 Response, Certificate of Word Count (WOODROW, THOMAS) |
Filing 23 ***FILED IN ERROR***NOTICE by TITLEMAX OF GEORGIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC. re #22 Response, Certificate of Word Count (WOODROW, THOMAS) Modified on 6/27/2023 to reflect filed in error. Wrong document attached per Attorney. Attorney instructed to properly refile. (Monroe, Brooke). |
Filing 22 RESPONSE re #18 Response, Supplemental Response to Show Cause Order filed by TITLEMAX OF GEORGIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF VIRGINIA, INC.. Replies due by 7/10/2023 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(WOODROW, THOMAS) (Main Document 22 replaced on 6/26/2023 per attorney with corrected PDF image) (Monroe, Brooke). |
Filing 21 NOTICE by TITLEMAX OF GEORGIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF VIRGINIA, INC. Amended Notice of Removal (WOODROW, THOMAS) (Main Document 21 replaced on 6/26/2023 per attorney with corrected PDF image) (Monroe, Brooke). |
Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Telephone Conference held on 5/10/2023. Attorney Andrew Brown on call for Plaintiff. Attorneys Thomas Woodrow, Anthony Durone, Dalton Miller and Justin Rodriguez on call for defendants. Parties discussed the response to the Courts Show Cause Order on subject-matter jurisdiction. The Court is not persuaded by the majority of the evidence presented with regard to the citizenship of many named Plaintiffs, for example, Defendants reliance on the loan agreements and Thomson Reuters PeopleMap search tool. However, in light of Defendants attempt to comply with the Court within a short time, and after further discussion regarding their alternative argument for jurisdiction under 28 U.S.C. 1332(d), the Court will allow Defendants time to supplement their response to the Show Cause Order and amend the petition for removal. Accordingly, the Court ORDERS that Defendants shall, no later than June 26, 2023, submit a supplemental response to the Courts Show Cause Order to meet their burden on diversity jurisdiction, particularly providing evidence on the citizenship of the named Plaintiffs in light of the factors set forth in Scott v. Cricket Commc'ns, LLC, 865 F.3d 189, 195 (4th Cir. 2017). Defendants shall also make any specific arguments (including relevant case law) and present any evidence on the applicability of the Class Action Fairness Act of 2005 and 28 U.S.C. 1332(d) to this action, and how subject-matter jurisdiction is met under said statute, including evidence on minimal diversity and the aggregate amount-in-controversy of all claims in excess of $5,000,000. See AU Optronics Corp. v. South Carolina, 699 F.3d 385, 390 (4th Cir. 2012) (To proceed as a mass action, a civil action must therefore satisfy CAFAs minimal diversity requirement, its numerosity requirement of 100 or more persons, and its amount-in-controversy requirement that all claims, when aggregated, must exceed $5,000,000 and an individual claim must exceed $75,000.). Should Defendants not meet their burden based upon further review of the information provided in the supplemental response, the undersigned will recommend remand of this action. Proceedings Recorded. (Garrett, Kim) |
Email notification to all parties on record setting a Telephone Conference for 5/10/2023 10:00 AM before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
Filing 20 NOTICE of Attorney Appearance by attorney DALTON BRICE MILLER on behalf of Defendants TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF GEORGIA, INC. (MILLER, DALTON) |
TEXT ORDER issued by MAG/JUDGE JOE L. WEBSTER on 3/15/23, Cancelling Initial Pretrial Conference Hearing set for 3/22/2023. The Court has raised jurisdictional concerns in this matter. (See Docket Entry 15.) Thus, the Court will terminate the Initial Pretrial Conference Hearing set for 3/22/2023. Upon review of Defendants response to the Courts jurisdictional inquiry (Docket Entry 18), and upon determination that subject-matter jurisdiction has been established in this matter, the Court will reset the Initial Pretrial Conference Hearing at the earliest possible date (to be determined by the Court). (Garrett, Kim) |
Filing 19 REPORT RULE 26(f) by Defendants TITLEMAX OF GEORGIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC.. (WOODROW, THOMAS) |
Filing 18 RESPONSE re #15 Order to Show Cause,, filed by TITLEMAX OF GEORGIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC.. Replies due by 2/27/2023 (Attachments: #1 Affidavit Declaration of Ansley Trapani)(WOODROW, THOMAS) |
Filing 17 NOTICE of Special Appearance by attorney OWEN EUGENE BARCALA on behalf of Defendants TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF GEORGIA, INC. ( Filing fee $ 25 receipt number ANCMDC-3485811.) (BARCALA, OWEN) |
Filing 16 NOTICE of Special Appearance by attorney JUSTIN RODRIGUEZ on behalf of Defendants TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF GEORGIA, INC. ( Filing fee $ 25 receipt number ANCMDC-3485810.) (RODRIGUEZ, JUSTIN) |
Filing 15 ORDER TO SHOW CAUSE signed by MAG/JUDGE JOE L. WEBSTER on 01/30/2023, that Defendants shall have no later than February 13, 2023, to SHOW CAUSE as to why this case should not be remanded to State court for lack of subject matter jurisdiction. Plaintiffs may file a response to Defendants' filing on or before February 20, 2023. Defendants' failure to file a response to this Order will result in remand of the case to the State court or other appropriate action without further notice. See 28 U.S.C. 1447(c). (Bowers, Alexis) |
Filing 14 NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 3/22/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
Filing 13 ANSWER to Petition for Removal by TITLEMAX OF GEORGIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC.. (WOODROW, THOMAS) |
Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOE L. WEBSTER. (Sheets, Jamie) |
Filing 12 NOTICE of Attorney Appearance by attorney THOMAS R. WOODROW on behalf of Defendants TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF TENNESSEE, INC., TITLEMAX OF GEORGIA, INC. (WOODROW, THOMAS) |
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. (Carter, Alexus) |
Filing 11 Summons Issued as to All Defendants. (Originally filed in Guilford County Superior Court, Case Number 22-CVS-9119, issued 12/9/2022, and listed as Exhibit A to the Petition for Removal.) (Carter, Alexus) |
Filing 10 COMPLAINT against All Defendants, filed by ALL PLAINTIFFS. (Originally filed in Guilford County Superior Court, Case Number 22-CVS-9119, and listed as Exhibit A to the Petition for Removal.) (Carter, Alexus) |
Filing 9 NOTICE of Special Appearance by attorney STACEY GILMAN on behalf of Defendants TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TitleMax of Tennessee, Inc., TITLEMAX OF GEORGIA, INC. ( Filing fee $ 25 receipt number ANCMDC-3470579.) (GILMAN, STACEY) |
Filing 8 NOTICE of Special Appearance by attorney LAUREN TALLENT on behalf of Defendants TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TitleMax of Tennessee, Inc., TITLEMAX OF GEORGIA, INC. ( Filing fee $ 25 receipt number ANCMDC-3470571.) (TALLENT, LAUREN) |
Filing 7 NOTICE of Special Appearance by attorney ANTHONY DURONE on behalf of Defendants TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TitleMax of Tennessee, Inc., TITLEMAX OF GEORGIA, INC. ( Filing fee $ 25 receipt number ANCMDC-3470569.) (DURONE, ANTHONY) |
Filing 6 Corporate Disclosure Statement for TITLEMAX OF GEORGIA, INC. (WOODROW, THOMAS) (Main Document 6 replaced on 1/17/2023 to flatten PDF form and include party name in docket text.) (Carter, Alexus). |
Filing 5 Corporate Disclosure Statement for TITLEMAX OF SOUTH CAROLINA, INC. (WOODROW, THOMAS) (Main Document 5 replaced on 1/17/2023 to flatten PDF and include party name in docket text.) (Carter, Alexus). |
Filing 4 Corporate Disclosure Statement for TITLEMAX OF TENNESSEE, INC. (WOODROW, THOMAS) (Main Document 4 replaced on 1/17/2023 to flatten PDF form and include party name in docket text.) (Carter, Alexus). |
Filing 3 Corporate Disclosure Statement for TITLEMAX OF VIRGINIA, INC. (WOODROW, THOMAS) (Main Document 3 replaced on 1/17/2023 to flatten PDF form and include party name in docket text.) (Carter, Alexus). |
Filing 2 Corporate Disclosure Statement for TMX FINANCE OF VIRGINIA, INC. (WOODROW, THOMAS) (Main Document 2 replaced on 1/17/2023 to flatten PDF form and include party name in docket text.) (Carter, Alexus). |
Filing 1 PETITION FOR REMOVAL against All Defendants ( Filing fee $ 402 receipt number ANCMDC-3469911.), filed by TITLEMAX OF GEORGIA, INC., TITLEMAX OF SOUTH CAROLINA, INC., TITLEMAX OF VIRGINIA, INC., TMX FINANCE OF VIRGINIA, INC., TitleMax of Tennessee, Inc.. (Attachments: #1 Exhibit A - Complaints and Summons, #2 Exhibit B - Notice of Filing Petition)(WOODROW, THOMAS) |
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