BRYANT et al v. EASTWOOD CONSTRUCTION, LLC
| JAMES L. BRYANT, JR. and SHARON R. BRYANT |
| EASTWOOD CONSTRUCTION, LLC doing business as EASTWOOD HOMES, LLC |
| 1:2023cv00637 |
| July 31, 2023 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 Roseboro Letter as to Plaintiffs JAMES L. BRYANT, JR. and SHARON R. BRYANT. Re #15 MOTION to Dismiss Complaint by EASTWOOD CONSTRUCTION, LLC. (Taylor, Abby) |
| Filing 17 NOTICE by EASTWOOD CONSTRUCTION, LLC re #16 Memorandum,,, of Unpublished Cases (Attachments: #1 Exhibit Arora v. Daniels, #2 Exhibit Bakhtiari v. Doe, #3 Exhibit Brown v. Winman, #4 Exhibit Brumby v. Deutsche Bank National Trust Company, #5 Exhibit Everett v. Redmon, #6 Errata Houey v. Carolina First Bank, #7 Exhibit Johnson v. Byrd, #8 Exhibit Quigley v. Yelp, Inc., #9 Exhibit Young v. Lake Royale Property Owners Association)(WONG, KATARINA) |
| Filing 16 MEMORANDUM re #15 MOTION to Dismiss Complaint by Defendant EASTWOOD CONSTRUCTION, LLC. (Attachments: #1 Exhibit Contract, #2 Exhibit Nason Email, #3 Exhibit NCREC Complaint, #4 Exhibit Realtor Statement, #5 Exhibit NCREC Finding, #6 Exhibit NCDEQ Report, #7 Exhibit Verified Complaint, #8 Exhibit Temporary Restraining Order, #9 Exhibit Answer and Counterclaims, #10 Exhibit June 1 Transcript, #11 Exhibit Preliminary Injunction Order, #12 Exhibit Motion to Show Cause, #13 Exhibit First Notice of Appeal, #14 Exhibit Entry of Injunction Pending Appeal, #15 Exhibit Amended Answer and Counterclaims, #16 Exhibit Second Motion to Show Cause, #17 Exhibit Indirect Criminal Contempt Order, #18 Exhibit Second Notice of Appeal)(WONG, KATARINA) |
| Filing 15 MOTION to Dismiss Complaint by EASTWOOD CONSTRUCTION, LLC. Response to Motion due by 10/18/2023 (WONG, KATARINA) |
| TEXT ORDER granting #9 Motion for Extension of Time. The defendant, EASTWOOD CONSTRUCTION, LLC, shall answer or otherwise respond to #2 Complaint by 09/27/2023. In #2 Complaint, Plaintiffs seek more than $10,000,000 in damages for eight different causes of action based on 82 paragraphs of allegations involving numerous events over the course of approximately 10 months. Given the scope of Plaintiffs' allegations, in #9 Motion, counsel for Defendant reasonably represented (as officers of the Court) that they required an additional 30 days (beyond the default 21-day period allotted) to investigate Plaintiffs' allegations and to prepare a responsive filing. According to #9 Motion (filed on 08/11/2023), Plaintiffs opposed that requested extension. Three days later, as documented in [14-1] Exhibit, Plaintiffs consented to the requested extension; however, three days hence, in #13 Response, Plaintiffs stated that they would agree only to a 15-day extension. Nothing in #13 Response explains Plaintiffs' change in position or suggests a basis to doubt the representation in #9 Motion that Defendant's counsel require the 30-day extension requested to reasonably respond to #2 Complaint. Under these circumstances, the Court finds good cause under Federal Rule of Civil Procedure 6(b)(1)(A) to grant the relief requested in #9 Motion. Issued by MAG/JUDGE L. PATRICK AULD on 08/20/2023. (AULD, L.) |
| TEXT ORDER terminating #12 Plaintiffs' Rule 26(f) Report. By separate Text Order entered this day, the Court has extended the deadline for Defendant to answer or otherwise respond to #2 Complaint. The Court declines to adopt a scheduling order until after an opportunity to review that responsive filing, because its nature and/or content likely would impact the determination of issues surrounding the establishment of a scheduling order. By that time, the dates proposed in #12 Plaintiffs' Rule 26(f) Report would no longer be feasible. The Court further notes that #12 Plaintiffs' Rule 26(f) Report proposes deadlines for amendment of pleadings and/or addition of parties two months after the close of discovery and a month after the deadline for filing dispositive motions, which would not be consistent with sound case management practices, as it would create a risk that, due to post-discovery and post-dispositive motion changes in the parties' claims and/or defenses, the discovery process would have to begin anew and dispositive motions would become moot, causing delay and waste of resources. Issued by MAG/JUDGE L. PATRICK AULD on 08/20/2023. (AULD, L.) |
| TEXT ORDER denying without prejudice #11 Motion to File Electronically. Pursuant to Local Rule 5.3(c)(2), "[u]pon the approval of the assigned Judge, a party to a case who is not represented by an attorney may register as a CM/ECF Filing User in the CM/ECF System solely for the purpose of the action." Before the Court would consider granting such permission, Plaintiffs must demonstrate that they have reviewed and have understood the materials at the "Administrative Policies" and "User Manual" links under the "CM/ECF" tab on the Court's website, that they have followed the applicable instructions at the "CM/ECF Training" link, and that they have satisfactorily completed the necessary training. Issued by MAG/JUDGE L. PATRICK AULD on 08/20/2023. (AULD, L.) |
| Filing 14 REPLY, filed by Defendant EASTWOOD CONSTRUCTION, LLC, to Response to #9 MOTION for Extension of Time to File Answer re #2 Complaint filed by EASTWOOD CONSTRUCTION, LLC. (Attachments: #1 Exhibit)(WONG, KATARINA) |
| Filing 13 RESPONSE filed by Plaintiffs JAMES L. BRYANT, JR, SHARON R. BRYANT re #9 MOTION for Extension of Time to File Answer re #2 Complaint filed by EASTWOOD CONSTRUCTION, LLC filed by JAMES L. BRYANT, JR, SHARON R. BRYANT. Replies due by 8/31/2023.(Taylor, Abby) |
| Filing 12 Rule 26(f) Report (Individual). by JAMES L. BRYANT, JR, SHARON R. BRYANT. Response to Motion due by 9/7/2023. (Taylor, Abby) |
| Filing 11 MOTION to File Electronically by JAMES L. BRYANT, JR, SHARON R. BRYANT. Response to Motion due by 9/7/2023.(Taylor, Abby) |
| Set Response Deadline: Response due 8/22/2023. re #9 MOTION for Extension of Time to File Answer re 2 Complaint by EASTWOOD CONSTRUCTION, LLC(Taylor, Abby) Modified on 8/16/2023 to correct deadline. (Taylor, Abby). |
| TEXT ORDER shortening the response deadline as to #9 Motion for Extension of Time to 08/22/2023, pursuant to Local Rule 7.3(f). Issued by MAG/JUDGE L. PATRICK AULD on 08/14/2023. (AULD, L.) |
| Motions Referred: RE: #9 MOTION for Extension of Time to File Answer re #2 Complaint , to MAG/JUDGE L. PATRICK AULD (Garrett, Kim) |
| Filing 10 NOTICE of Attorney Appearance by attorney JAMES CONRAD ADAMS, II on behalf of Defendant EASTWOOD CONSTRUCTION, LLC (ADAMS, JAMES) |
| Filing 9 MOTION for Extension of Time to File Answer re #2 Complaint by EASTWOOD CONSTRUCTION, LLC. (WONG, KATARINA) |
| Filing 8 NOTICE of Attorney Appearance by attorney KATARINA K. WONG on behalf of Defendant EASTWOOD CONSTRUCTION, LLC (WONG, KATARINA) |
| Filing 7 USMS Return Executed, served on EASTWOOD CONSTRUCTION, LLC on 08/07/2023, Answer due 08/28/2023. (Taylor, Abby) |
| Filing 6 Summons Issued as to EASTWOOD CONSTRUCTION, LLC. (Bowers, Alexis) |
Filing 5
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS signed by MAG/JUDGE L. PATRICK AULD on 08/02/2023, that the plaintiff in the above-entitled proceeding be, and is hereby, permitted to commence said proceeding in this Court without prepayment of fees or costs, or giving security therefor. [28 U.S.C. 1915(a)] Plaintiff is responsible for preparing and delivering to the Clerk, the correct summons for service on each defendant, including the correct address and the name and title of the individual to be served on behalf of a corporation, association, infant, incompetent or government agency. Failure to prepare and deliver said summons within 15 days from the filing of this order shall result in this case being dismissed without further notice. The Marshal's Office shall serve the summons and complaint upon defendant. (Bowers, Alexis)
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| CASE REFERRED to Standing Order 30. (Bowers, Alexis) |
| Case ASSIGNED to UNASSIGNED and MAG/JUDGE L. PATRICK AULD. (Bowers, Alexis) |
| Motion Referred: RE: #1 APPLICATION to Proceed IFP, to MAG/JUDGE L. PATRICK AULD. (Bowers, Alexis) |
| Filing 4 Notice of Signed Pro Se Electronic Service Consent by JAMES L. BRYANT, JR, SHARON R. BRYANT. Email address jlbryantjr11@gmail.com added to the docket. (Garland, Leah) |
| Filing 3 CIVIL COVER SHEET. (Garland, Leah) |
| Filing 2 COMPLAINT against EASTWOOD CONSTRUCTION, LLC, filed by SHARON R. BRYANT, JAMES L. BRYANT, JR. (Garland, Leah) |
| Filing 1 APPLICATION to Proceed IFP by JAMES L. BRYANT, JR, SHARON R. BRYANT. (Garland, Leah) |
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