MERITAGE HOMES OF THE CAROLINAS, INC v. MCCONNELL ROAD SOUTH - GSO, LLC
| MERITAGE HOMES OF THE CAROLINAS, INC |
| MCCONNELL ROAD SOUTH - GSO, LLC |
| 1:2024cv00811 |
| September 27, 2024 |
| US District Court for the Middle District of North Carolina |
| L PATRICK AULD |
| CATHERINE C EAGLES |
| Real Property: Other |
| 23 U.S.C. ยง 1441 Contract Real Estate |
| None |
Docket Report
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Filing 16
ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 10/31/2024; that the Clerk of Court terminate this action administratively in his records; and that any party shall have the right to reopen this case for any purpose on motion and notice to all other parties, without prejudice to the rights of any of the parties, at any time prior to the 90th day after the final termination of the bankruptcy proceedings. (sh)
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| CASE REFERRED RE: #15 Suggestion of Bankruptcy, to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES (rw) |
| Filing 15 SUGGESTION OF BANKRUPTCY Upon the Record as to Defendant McConnell Road South GSO, LLC by MERITAGE HOMES OF THE CAROLINAS, INC. (PRENDERGAST, MICHELLE) |
| Filing 14 First MOTION for Extension of Time to File Answer to Amended Complaint by MCCONNELL ROAD SOUTH - GSO, LLC. (Attachments: #1 Text of Proposed Order to Extend Time to Respond Amended Complaint)(CRATCH, ROBERT) |
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ORDER granting #14 Motion for Extension of Time to Answer for MCCONNELL ROAD SOUTH - GSO, LLC. Answer due by 12/11/2024. Signed by John Brubaker, Clerk of Court, on 10/29/2024. (jsb)
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| Filing 13 Additional Attachments to Main Document re #12 Amended Complaint . (Attachments: #1 Exhibit B - Deed of Trust)(PRENDERGAST, MICHELLE) |
| TEXT ORDER concluding that, in light of #12 Amended Complaint, the matter raised in the Text Order dated 09/29/2024 is now moot. Issued by MAG/JUDGE L. PATRICK AULD on 10/22/2024. (AULD, L.) |
| Filing 12 First AMENDED COMPLAINT against defendant MCCONNELL ROAD SOUTH - GSO, LLC, filed by MERITAGE HOMES OF THE CAROLINAS, INC.(PRENDERGAST, MICHELLE) |
| Filing 11 RESPONSE re Order, filed by MERITAGE HOMES OF THE CAROLINAS, INC. (Attachments: #1 Exhibit A - Certificate of Manager, #2 Exhibit B - Operating Agreement, #3 Exhibit C - Affidavits of Z. Tran and H. Kern, #4 Exhibit D - Guaranty, #5 Exhibit E - Affidavit of M. Prendergast) (PRENDERGAST, MICHELLE) |
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ORDER granting #9 Motion for Extension of Time to Answer filed by MCCONNELL ROAD SOUTH - GSO, LLC. Answer due 11/20/2024. Signed by Gloria L. Powell on 10/18/2024 on behalf of John S. Brubaker, Clerk of Court. (glp)
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| Filing 10 Corporate Disclosure Statement. (CRATCH, ROBERT) |
| Filing 9 First MOTION for Extension of Time to File Answer by MCCONNELL ROAD SOUTH - GSO, LLC. (Attachments: #1 Text of Proposed Order to Extend Time to Answer)(CRATCH, ROBERT) |
| Filing 8 NOTICE of Attorney Appearance by attorney ROBERT C. CRATCH on behalf of Defendant MCCONNELL ROAD SOUTH - GSO, LLC (CRATCH, ROBERT) |
| Filing 7 STANDARD ORDER for civil cases proceeding before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. (rw) |
| Filing 6 AFFIDAVIT OF SERVICE as to MCCONNELL ROAD SOUTH - GSO, LLC served on 9/30/2024, answer due 10/21/2024. (PRENDERGAST, MICHELLE) (Additional attachment(s) added on 9/30/2024: #1 Exhibit A - FedEx Overnight Delivery, #2 Exhibit B - Proof of Delivery) (sh). |
| TEXT ORDER directing Plaintiff to show cause, on or before 10/21/2024, why the Court should not dismiss this case for want of subject matter jurisdiction. This Court "has an independent obligation to assess its subject-matter jurisdiction...." Constantine v. Rectors & Visitors of George Mason Univ., 411 F.3d 474, 480 (4th Cir. 2005); see also Adams v. Bain, 697 F.2d 1213, 1219 (4th Cir. 1982) ("The burden of proving subject matter jurisdiction... is on the plaintiff, the party asserting jurisdiction."). According to Paragraph 4 of #1 Complaint, "[t]his Court has original jurisdiction over this action under 28 U.S.C. s 1332." As support for that assertion of the existence of diversity of citizenship jurisdiction, the same paragraph states that "[Plaintiff] and Defendant are citizens of different states, and the amount in controversy exceeds $75,000.00, exclusive of costs and interest." However, Paragraph 3 of #1 Complaint alleges only "that Defendant... is a limited liability company organized and existing under and by virtue of the laws of the State of North Carolina, with a principal place of business located at 610 Pembroke Road, #10007, Greensboro, North Carolina 27408." "For purposes of diversity jurisdiction, the citizenship of a limited liability company... is determined by the citizenship of all of its members...." Central W. Va. Energy Co., Inc. v. Mountain State Carbon, LLC, 636 F.3d 101, 103 (4th Cir. 2011). Because #1 Complaint contains no allegations regarding the citizenship of the members of Defendant, the record does not appear to support this Court's exercise of diversity of citizenship jurisdiction. Accordingly, Plaintiff, as the party invoking the Court's jurisdiction, must show cause why the Court should not dismiss this case for lack of subject matter jurisdiction. Failure by Plaintiff to comply with this Text Order shall result in the dismissal of this case for lack of subject matter jurisdiction. Issued by MAG/JUDGE L. PATRICK AULD on 09/29/2024. (AULD, L.) |
| Filing 5 Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 Consent Form) (sh) |
| Filing 4 Summons Issued as to MCCONNELL ROAD SOUTH - GSO, LLC. (sh) |
| Filing 3 NOTICE of Attorney Appearance by attorney BROOKS FREEMAN BOSSONG on behalf of Plaintiff MERITAGE HOMES OF THE CAROLINAS, INC (BOSSONG, BROOKS) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Meritage Homes Corporation for MERITAGE HOMES OF THE CAROLINAS, INC.. (PRENDERGAST, MICHELLE) |
| Filing 1 COMPLAINT against MCCONNELL ROAD SOUTH - GSO, LLC ( Filing fee $ 405 receipt number ANCMDC-3926157.), filed by MERITAGE HOMES OF THE CAROLINAS, INC. (Attachments: #1 Exhibit A - Purchase Agreement, #2 Exhibit B - Deed of Trust, #3 Civil Cover Sheet)(PRENDERGAST, MICHELLE) |
| Case ASSIGNED to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES and MAG/JUDGE L. PATRICK AULD. (sh) |
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| Defendant: MCCONNELL ROAD SOUTH - GSO, LLC | |
| Represented By: | ROBERT C. CRATCH |
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| Plaintiff: MERITAGE HOMES OF THE CAROLINAS, INC | |
| Represented By: | MICHELLE CHRISTINE PRENDERGAST |
| Represented By: | BROOKS FREEMAN BOSSONG |
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