TARHEEL PROPERTIES, LLC v. MAUZE et al
| Tarheel Properties, LLC |
| Madison Mauze |
| Benjamin Thomas |
| EDJX, INC. and ROBERT STEVEN VETTER |
| 1:2023cv01013 |
| November 20, 2023 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOI ELIZABETH PEAKE |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
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Filing 22
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/11/2024, that the Motion for Extension of Time [Doc. #20 ] is GRANTED, and Plaintiff/Counterclaim Defendant Tarheel Properties, LLC shall serve their response to Defendants' Answer, Affirmative Defenses, Counterclaims, and Third- Party Complaint on or before the 4th day of March, 2024. (cb)
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| Filing 21 NOTICE of Attorney Appearance by attorney BENJAMIN J. RAFTE on behalf of Third-Party Defendant ROBERT STEVEN VETTER (RAFTE, BENJAMIN) |
| Motion Referred RE: #20 Consent MOTION for Extension of Time to File Response/Reply as to #14 Answer to Complaint, Third Party Complaint, Counterclaim, Defendants', Counterclaim Plaintiffs', and Third-Party Plaintiffs' Motion to Dismiss, Answer, Affirmative Defenses, Counterclaims and Third-Party Complaint, to MAG/JUDGE JOI ELIZABETH PEAKE. (db) |
| Filing 20 Consent MOTION for Extension of Time to File Response/Reply as to #14 Answer to Complaint, Third Party Complaint, Counterclaim, Defendants', Counterclaim Plaintiffs', and Third-Party Plaintiffs' Motion to Dismiss, Answer, Affirmative Defenses, Counterclaims and Third-Party Complaint by TARHEEL PROPERTIES, LLC. (Attachments: #1 Text of Proposed Order Granting Plaintiff and Counterclaim Defendant Tarheel Properties, LLC's Unopposed Motion for Extension of Time to Respond) (RAFTE, BENJAMIN) |
| Filing 19 ***FILED IN ERROR****NOTICE of Attorney Appearance by attorney BENJAMIN J. RAFTE on behalf of Third-Party Defendant ROBERT STEVEN VETTER (RAFTE, BENJAMIN) Modified on 1/10/2024 to remove from public view and reflect filed incorrect PDF. See #21 corrected Notice. (cb) |
| Filing 18 ***FILED IN ERROR*** NOTICE of Attorney Appearance by attorney BENJAMIN J. RAFTE on behalf of Third-Party Defendant ROBERT STEVEN VETTER (RAFTE, BENJAMIN) Modified on 1/9/2024 to mark filed in error. See #19 for corrected filing. (jls) |
| Filing 17 WAIVER OF SERVICE Returned Executed by MADISON MAUZE, BENJAMIN THOMAS. ROBERT STEVEN VETTER waiver sent on 1/3/2024, answer due 3/4/2024. (RAKES, KENZIE) |
| Filing 16 AFFIDAVIT OF SERVICE as to EDJX, INC. served on 1/4/2024, answer due 1/25/2024. (Attachments: #1 Exhibit A - Proof of Service via Registered Agent)(RAKES, KENZIE) |
| Filing 15 Summons Issued as to MADISON MAUZE, BENJAMIN THOMAS, ROBERT STEVEN VETTER. (al) |
| Filing 14 DEFENDANTS' ANSWER to #6 Complaint, with Jury Demand & Affirmative Defenses, THIRD PARTY COMPLAINT against EDJX, Inc., Robert Steven Vetter, Counterclaim against Tarheel Properties, LLC against by BENJAMIN THOMAS, MADISON MAUZE. (Attachments: #1 Exhibit A - Investment Memorandum, #2 Exhibit B - Employment Agreement, #3 Exhibit C - Thomas' "Good Reason" Letter, #4 Exhibit D - Termination Letter, #5 Exhibit E - Thomas' Termination for Good Reason Letter, #6 Exhibit F - Tender Letter)(JACKSON, J.) |
| Filing 13 NOTICE of Attorney Appearance by attorney HARRISON MANN GATES on behalf of Defendants MADISON MAUZE, BENJAMIN THOMAS (GATES, HARRISON) |
| Filing 12 SUPPLEMENT re #1 Petition for Removal, by Defendants MADISON MAUZE, BENJAMIN THOMAS. (Attachments: #1 Exhibit A - Articles of Organization of LLC)(RAKES, KENZIE) |
| TEXT ORDER entered by MAG/JUDGE JOI ELIZABETH PEAKE on 12/4/23. Defendants filed a Notice of Removal in this case based on diversity jurisdiction, identifying the principal place of business for Plaintiff Tarheel Properties, LLC as North Carolina. However, for purposes of diversity jurisdiction, the citizenship of an LLC is determined by the citizenship of its members, not its principal place of business. Therefore, the Court directs Defendants to file a supplement within 7 days, naming --and identifying the citizenship of-- each of Plaintiffs members (and likewise for any member that is itself an LLC).(kg) |
| Filing 11 CERTIFICATE OF SERVICE by MADISON MAUZE, BENJAMIN THOMAS re #10 Notice of Right to Consent & [10-1] Notice & Response on Reference of Civil Action to a Magistrate Judge (RAKES, KENZIE) |
| Filing 10 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 consent to jurisdiction)(al) |
| Filing 9 NOTICE by MADISON MAUZE, BENJAMIN THOMAS re #1 Petition for Removal,, Notice of Filing re State Court documents received after Notice of Removal was filed (Attachments: #1 Exhibit 1 - Affidavit of Service re Mauze, #2 Exhibit 2 - Affidavit of Service re Thomas)(RAKES, KENZIE) |
| Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOI ELIZABETH PEAKE. (al) |
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ORDER granting #5 Motion for Extension of Time to Answer for MADISON MAUZE and BENJAMIN THOMAS. Answer due by 12/22/2023. Signed by John Brubaker, Clerk of Court, on 11/22/2023. (jsb)
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| Filing 8 NOTICE to State Court of Filing Petition for Removal by Defendants MADISON MAUZE, BENJAMIN THOMAS (RAKES, KENZIE) |
| Filing 7 Summons Issued on 9/25/20233 as to MADISON MAUZE, BENJAMIN THOMAS (State court Document originally filed in Guilford County Civil Superior Court case number 23CVS8240 listed as Exhibit 3 to the #1 Petition for Removal) (al) |
| Filing 6 COMPLAINT against All Defendants, filed by TARHEEL PROPERTIES, LLC(State court Document originally filed in Guilford county Civil Superior Court case number 23CVS8240 listed as Exhibit 3 to the #1 Petition for Removal.) (Attachments: #1 EXHIBIT A, #2 EXHIBIT B, #3 EXHIBIT C)(al) |
| Filing 5 MOTION for Extension of Time to File Answer re #1 Petition for Removal,, specifically DE1-3(Complaint) - Motion for Extension is Unopposed - by Madison Mauze, Benjamin Thomas. (Attachments: #1 Text of Proposed Order granting Extension)(RAKES, KENZIE) |
| Filing 4 NOTICE of Attorney Appearance by attorney J. CHRISTOPHER JACKSON on behalf of Defendants Madison Mauze, Benjamin Thomas (JACKSON, J.) |
| Filing 3 NOTICE of Attorney Appearance by attorney KENZIE M. RAKES on behalf of Defendants Madison Mauze, Benjamin Thomas (RAKES, KENZIE) |
| Filing 2 NOTICE by Madison Mauze, Benjamin Thomas - Diversity Disclosure Statement (RAKES, KENZIE) |
| Filing 1 PETITION FOR REMOVAL of Guilford Co Case 23 CVS 8240 against Tarheel Properties, LLC ( Filing fee $ 402 receipt number ANCMDC-3703368.), filed by Benjamin Thomas, Madison Mauze. (Attachments: #1 Exhibit Index of Exhibits, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Complaint, #4 Exhibit A to Complaint, #5 Exhibit B to Complaint, #6 Exhibit C to Complaint, #7 Exhibit Summons issued to M.Mauze, #8 Exhibit Summons issued to B. Thomas, #9 Exhibit Unopposed Motion for Extension, #10 Exhibit Order granting Extension, #11 Exhibit Certificate of Service re Order)(RAKES, KENZIE) |
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