Nelson v. Cemex Construction Materials Atlantic, LLC
Plaintiff: Dixie Gilbert Nelson and Charles Nelson, Jr.
Defendant: Cemex Construction Materials Atlantic, LLC
Case Number: 1:2018cv00201
Filed: July 17, 2018
Court: US District Court for the Western District of North Carolina
Office: Asheville Office
County: Henderson
Presiding Judge: Dennis Howell
Referring Judge: Martin Reidinger
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 13, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2018 Opinion or Order Filing 17 ORDER granting #14 Motion to Substitute Party. Charles Nelson, Jr. added as Executor of the Estate. Dixie Gilbert Nelson (deceased) terminated. Signed by Magistrate Judge Dennis Howell on 09/13/18. (emw)
September 11, 2018 Opinion or Order Filing 16 ORDER granting in part and denying in part the parties' #13 Joint MOTION Cancel Status Conference and Notice of Settlement . The Status Conference is continued until 10/3/2018 at 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. Plaintiff needs to file a motion to substitute the executor of the estate for the deceased Plaintiff. Signed by Magistrate Judge Dennis Howell on 9/11/2018. (kby)
September 11, 2018 Filing 15 NOTICE of Death of Plaintiff by Dixie Gilbert Nelson (Cash, Stephen)
September 11, 2018 Filing 14 Unopposed MOTION to Substitute Party by Dixie Gilbert Nelson. Responses due by 9/25/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit)(Cash, Stephen). Motions referred to Dennis Howell.
September 11, 2018 Filing 13 Joint MOTION Cancel Status Conference and Notice of Settlement by Cemex Construction Materials Atlantic, LLC. Responses due by 9/25/2018 plus an additional 3 days if served by mail (Johnson, Neale). Motions referred to Dennis Howell.
September 4, 2018 Opinion or Order Filing 12 ORDER that counsel for the parties appear for a Status Hearing set for 9/12/2018 at 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge Dennis Howell. Signed by Magistrate Judge Dennis Howell on 9/04/2018. (ejb)
August 2, 2018 Opinion or Order Filing 11 ORDER granting #10 Motion to Withdraw as Attorney. Attorney Boyd B. Massagee, III terminated for Pltf Dixie Gilbert Nelson. Signed by Magistrate Judge Dennis Howell on 08/02/18. (emw) Modified text on 8/2/2018 (ejb).
August 1, 2018 Filing 10 MOTION to Withdraw as Attorney by Dixie Gilbert Nelson. (Massagee, Boyd). Motions referred to Dennis Howell.
August 1, 2018 Filing 9 CERTIFICATE OF SERVICE by Dixie Gilbert Nelson re #8 Notice of Appearance (Cash, Stephen)
July 31, 2018 Filing 8 NOTICE of Appearance by Stephen Lacy Cash on behalf of Dixie Gilbert Nelson (Cash, Stephen)
July 25, 2018 SECOND Notice to Boyd B. Massagee, III: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/1/2018. (tmg)
July 23, 2018 Filing 7 NOTICE of Filing Notice of Removal by Cemex Construction Materials Atlantic, LLC (Attachments: #1 Exhibit A-Notice to State Court of Filing Notice of Removal)(Johnson, Neale)
July 19, 2018 Opinion or Order Filing 6 ORDER granting #5 Motion for Extension of Time to Answer. Defendant shall have through August 14, 2018, to answer or otherwise respond to the Complaint. Signed by Magistrate Judge Dennis Howell on 07/19/18. (emw)
July 19, 2018 Filing 5 Consent MOTION for Extension of Time to Answer Complaint by Cemex Construction Materials Atlantic, LLC. (Attachments: #1 Proposed Order Proposed Order)(Johnson, Neale). Motions referred to Dennis Howell.
July 17, 2018 Filing 4 NOTICE of Appearance by Olivia Fitzgerald Fajen on behalf of Cemex Construction Materials Atlantic, LLC (Fajen, Olivia)
July 17, 2018 Filing 3 Corporate Disclosure Statement by Cemex Construction Materials Atlantic, LLC (Johnson, Neale)
July 17, 2018 Filing 2 NOTICE of Appearance by Neale T. Johnson on behalf of Cemex Construction Materials Atlantic, LLC (Johnson, Neale)
July 17, 2018 Filing 1 NOTICE OF REMOVAL from Henderson County Superior, case number 18-CVS-979. (Filing fee $ 400 receipt number 0419-3749796), filed by Cemex Construction Materials Atlantic, LLC. (Attachments: #1 Exhibit A-State Court Complaint, #2 Exhibit B-Summons, #3 Exhibit C-Affidavits of Service by Certified Mail)(Johnson, Neale)
July 17, 2018 Notice to Boyd B. Massagee, III: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 7/24/2018. (emw)
July 17, 2018 Case assigned to District Judge Martin Reidinger and Magistrate Judge Dennis Howell. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(emw)

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Plaintiff: Dixie Gilbert Nelson
Represented By: Boyd B. Massagee, III
Represented By: Stephen Lacy Cash
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Plaintiff: Charles Nelson, Jr.
Represented By: Stephen Lacy Cash
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Defendant: Cemex Construction Materials Atlantic, LLC
Represented By: Olivia Fitzgerald Fajen
Represented By: Neale T. Johnson
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