HEIRLOOM LEGACY LIFE, LLC et al v. FREEDOM & FAITH, INC. et al
| HEIRLOOM LEGACY LIFE, LLC, TARA HUNT and KEVIN HUNTER |
| FREEDOM & FAITH, INC., FFA ADVANCED SOLUTIONS, INC., RYAN WIMMER and ALISHA WIMMER |
| 1:2023cv01089 |
| December 13, 2023 |
| US District Court for the Middle District of North Carolina |
| CATHERINE C EAGLES |
| JOI ELIZABETH PEAKE |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on February 9, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 22 Letter from Clerk's Office to Attorney Marshal Allan Julian regarding no response filed to Doc. #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (rw) |
| Filing 21 ANSWER to #10 Complaint, by FFA ADVANCED SOLUTIONS, INC., FREEDOM & FAITH, INC., ALISHA WIMMER, RYAN WIMMER. (PAGE, CHRISTOPHER) |
| Set/Response Deadline re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Response to Motion due by 2/6/2024. (at) |
| Filing 20 Corporate Disclosure Statement. (PAGE, CHRISTOPHER) |
| Filing 19 Corporate Disclosure Statement. (PAGE, CHRISTOPHER) |
| Filing 18 MEMORANDUM re #17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants FFA ADVANCED SOLUTIONS, INC., FREEDOM & FAITH, INC., ALISHA WIMMER, RYAN WIMMER. (PAGE, CHRISTOPHER) |
| Filing 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FFA ADVANCED SOLUTIONS, INC., FREEDOM & FAITH, INC., ALISHA WIMMER, RYAN WIMMER. (PAGE, CHRISTOPHER) |
| Filing 16 STATUS REPORT by FFA ADVANCED SOLUTIONS, INC., FREEDOM & FAITH, INC., ALISHA WIMMER, RYAN WIMMER. (Attachments: #1 Exhibit Heirloom Articles of Organization, #2 Exhibit Freedom & Faith information from NC Secretary of State, #3 Exhibit FFA information from NC Secretary of State)(PAGE, CHRISTOPHER) |
| Set Answer Deadline: FFA ADVANCED SOLUTIONS, INC. answer due 1/18/2024; FREEDOM & FAITH, INC. answer due 1/18/2024; ALISHA WIMMER answer due 1/18/2024. (at) |
| Filing 15 AMENDED ECF 30 Day Notice as to Attorney Julian and Attorney Banner. ECF 30 Day Notice due by 1/16/2024 (Attachments: #1 30 day notice)(al) |
| TEXT ORDER issued by MAG/JUDGE JOI ELIZABETH PEAKE on 1/09/2024. Defendants filed a Notice of Removal in this case based on diversity jurisdiction, identifying the state of organization for Plaintiff Heirloom Legacy Life, LLC as South Carolina. However, for purposes of diversity jurisdiction, the citizenship of an LLC is determined by the citizenship of its members, not its state of organization or 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 Plaintiff Heirloom Legacy Life, LLCs members (and likewise for any member that is itself an LLC). In addition, so that the docket is clear following the transfer of this case, the deadline for Defendants to answer or otherwise plead in response to the Complaint will be January 18, 2024, which allows time for appearance of counsel in this District.(kg) |
| Filing 14 STANDARD ORDER for civil cases proceeding before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES.(rw) |
| Filing 13 NOTICE of Attorney Appearance by attorney MATTHEW C. BURKE on behalf of Defendants FFA ADVANCED SOLUTIONS, INC., FREEDOM & FAITH, INC., ALISHA WIMMER, RYAN WIMMER (BURKE, MATTHEW) |
| Filing 12 NOTICE of Attorney Appearance by attorney CHRISTOPHER ANDREW PAGE on behalf of Defendants FFA ADVANCED SOLUTIONS, INC., FREEDOM & FAITH, INC., ALISHA WIMMER, RYAN WIMMER (PAGE, CHRISTOPHER) |
| 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. (al) |
| Filing 11 ECF 30 Day Notice as to Attorney JULIAN and Attorney BANNER. ECF 30 Day Notice due by 1/16/2024 (Attachments: #1 letter to atty Banner)(al) |
| Filing 10 COMPLAINT-Jury Trial Demanded against All Defendants, Filed by Marsh Allan Julian.(State Court documents Originally filed in South Carolina Darlington County Court of Common Pleas, case number 2023-CP-16-00641, listed as Attachment 1 to the #1 Petition for Removal. (al) |
| Filing 9 Case transferred in from District of South Carolina; Case Number 4:23-cv-05132. Original file certified copy of transfer order and docket sheet received. |
| Filing 7 TEXT ORDER granting in part unopposed #6 Defendants Freedom & Faith, Inc., FFA Advanced Solutions, Inc., Ryan Wimmer and Alisha Wimmer's, (hereinafter "Defendants") motion to transfer this case pursuant to 28 U.S.C. 1406(a) to the United States District Court for the Middle District of North Carolina. Defendants move for an Order dismissing Plaintiffs Heirloom Legacy Life, LLC, Tara Hunt and Kevin Hunt's Complaint for lack of personal jurisdiction or lack of venue under Rules 12(b)(2) and 12(b)(3), Fed. R. Civ. P., or alternatively, seeking to transfer the case to another jurisdiction. Plaintiffs have not responded to the motion. 28 U.S.C. 1404(a) provides, "[f]or convenience of parties and witnesses, in the interests of justice, a district court may transfer any civil action to any other district or division where it might have been brought." See also Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 29-31 (1988) ("Section 1404(a) is intended to place discretion in the district court to adjudicate motions for transfer according to an 'individualized, case-by-case consideration of convenience and fairness.'"). Accordingly, the Court grants Defendants' motion and transfers this case to the United States District Court for the Middle District of North Carolina. Signed by the Honorable Joseph Dawson, III on 12/12/2023. (lgib, ) [Transferred from South Carolina on 12/13/2023.] |
| Filing 6 MOTION to Dismiss by FFA Advanced Solutions Inc, Freedom & Faith Inc, Alisha Wimmer, Ryan Wimmer. Response to Motion due by 11/2/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Banner, J) [Transferred from South Carolina on 12/13/2023.] |
| Filing 5 DELETION OF DOCKET ENTRY NUMBER 4 Reason: filed inadvertently at case opening. (lgib, ) [Transferred from South Carolina on 12/13/2023.] |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by FFA Advanced Solutions Inc, Freedom & Faith Inc, Alisha Wimmer, Ryan Wimmer. (lgib, ) [Transferred from South Carolina on 12/13/2023.] |
| Filing 1 NOTICE OF REMOVAL from Darlington County Court of Common Pleas, case number 2023-CP-16-00641 (filing fee $402 receipt number ASCDC-11372741), filed by Ryan Wimmer, Freedom & Faith Inc, Alisha Wimmer, FFA Advanced Solutions Inc. (Attachments: #1 State Court Documents) (lgib, ) [Transferred from South Carolina on 12/13/2023.] |
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