Parker Excavating, Inc. v. JOMCO Contracting, LLC et al
Plaintiff: Parker Excavating, Inc.
Defendant: Wesley Samuel Owenby, Tricia Ruth, JOMCO Contracting, LLC, Highlands at Cullowhee LLC, Joseph Riley Johnson, JOMCO, INC and JOMCO, Inc.
Case Number: 1:2019cv00062
Filed: February 25, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Contract: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 14, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2019 Filing 17 Amended MOTION to Amend/Correct re Complaint attached to #1 Notice of Removal. Responses due by 4/29/2019 (Attachments: #1 Exhibit Amended Complaint)(Hedgepeth, Shira). Motions referred to W. Carleton Metcalf. Modified text on 4/15/2019. NEF Regenerated. (khm)
April 10, 2019 Opinion or Order Filing 16 ORDER denying without prejudice Pltf's #15 Motion for Leave to Amend; and directing Pltf's counsel to review and become familiar with this Court's Local Rules. Signed by Magistrate Judge W. Carleton Metcalf on 4/10/2019. (ejb)
April 9, 2019 Filing 15 MOTION to Amend/Correct Complaint attached to #1 Notice of Removal per #13 Order to Show Cause, by Parker Excavating, Inc. Responses due by 4/23/2019 (Attachments: #1 Exhibit)(Hedgepeth, Shira). Motions referred to W. Carleton Metcalf. Modified text on 4/15/2019. (khm)
April 9, 2019 Filing 14 RESPONSE TO ORDER TO SHOW CAUSE by Parker Excavating, Inc.. (Hedgepeth, Shira)
April 3, 2019 Opinion or Order Filing 13 ORDER TO SHOW CAUSE. Plaintiff is DIRECTED to show cause why its Amended Complaint should not be stricken as untimely. Show Cause Response due by 4/13/2019. Signed by Magistrate Judge W. Carleton Metcalf on 4/3/2019. (khm)
April 1, 2019 Filing 12 AMENDED COMPLAINT and RESPONSE to Motion re #5 Joint MOTION to Dismiss for Failure to State a Claim by Parker Excavating, Inc.. Replies due by 4/8/2019 (Hedgepeth, Shira) Modified text on 4/2/2019 to add "Amended Complaint." NEF Regenerated. (khm)
March 28, 2019 Opinion or Order Filing 11 ORDER granting #10 Plaintiff's "Amended Motion for Extension of Time to Answer or Respond," and Plaintiff is allowed up to and including 4/18/2019 within which to respond to Defendants' Joint Motion to Dismiss. Signed by Magistrate Judge W. Carleton Metcalf on 3/28/2019. (khm)
March 28, 2019 Filing 10 Amended MOTION for Extension of Time to File Response/Reply re: #5 Joint MOTION to Dismiss for Failure to State a Claim by Parker Excavating, Inc.. Responses due by 4/11/2019 (Hedgepeth, Shira). Motions referred to W. Carleton Metcalf.
March 28, 2019 Set/Reset Deadlines: Plaintiff's Response to Defendants' Joint Motion to Dismiss due by 4/18/2019. (khm)
March 26, 2019 Opinion or Order Filing 9 ORDER denying without prejudice Pltf's #8 Motion for Extension of Time to Answer or Respond. Signed by Magistrate Judge W. Carleton Metcalf on 3/26/2019. (ejb)
March 21, 2019 Filing 8 MOTION for Extension of Time to File Response/Reply re: #5 Joint MOTION to Dismiss for Failure to State a Claim by Parker Excavating, Inc.. Responses due by 4/4/2019 plus an additional 3 days if served by mail (Hedgepeth, Shira). Motions referred to W. Carleton Metcalf.
March 13, 2019 Filing 7 NOTICE of Appearance by Shira Loree Hedgepeth on behalf of All Plaintiffs (Hedgepeth, Shira)
March 4, 2019 Filing 6 MEMORANDUM/BRIEF by Highlands at Cullowhee LLC, JOMCO Contracting, LLC, JOMCO, Inc., Joseph Riley Johnson, Wesley Samuel Owenby, Tricia Ruth re: #5 Motion to Dismiss/Failure to State a Claim, (Johnson, W.)
March 4, 2019 Filing 5 Joint MOTION to Dismiss for Failure to State a Claim by Highlands at Cullowhee LLC, JOMCO Contracting, LLC, JOMCO, Inc., Joseph Riley Johnson, Wesley Samuel Owenby, Tricia Ruth. Responses due by 3/18/2019 plus an additional 3 days if served by mail (Johnson, W.). Motions referred to W. Carleton Metcalf.
February 26, 2019 Set Deadlines/Hearings: Compliance Deadline extended to 3/18/2019 per Judge's chambers. Attorney Hedgepeth awaiting certificate of good standing from NCED to submit with application for admission to NCWD. (thh)
February 25, 2019 Filing 4 Corporate Disclosure Statement by Highlands at Cullowhee LLC (Johnson, W.)
February 25, 2019 Filing 3 Corporate Disclosure Statement by JOMCO INC (Johnson, W.)
February 25, 2019 Filing 2 Corporate Disclosure Statement by JOMCO Contracting, LLC (Johnson, W.)
February 25, 2019 Filing 1 NOTICE OF REMOVAL from Jackson County Superior Court, case number 19 CVS 67. (Filing fee $ 400 receipt number 0419-3949964), filed by Tricia Ruth, JOMCO Contracting, LLC, JOMCO INC, Wesley Samuel Owenby, Joseph Riley Johnson, Highlands at Cullowhee LLC. (Attachments: #1 Exhibits A and B)(Johnson, W.) (Attachment 1 replaced on 2/25/2019) (khm)
February 25, 2019 Case assigned to District Judge Martin Reidinger and Magistrate Judge W. Carleton Metcalf. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(khm)
February 25, 2019 Notice to Shira Hedgepeth: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Bar of this Court. #www.ncwd.uscourts.gov. Deadline by 3/4/2019. (khm) Modified text on 2/25/2019 to remove the requirement to Register for ECF at this time. NEF Regenerated. (khm)

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Search for this case: Parker Excavating, Inc. v. JOMCO Contracting, LLC et al
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Defendant: Wesley Samuel Owenby
Represented By: W. James Johnson
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Defendant: Tricia Ruth
Represented By: W. James Johnson
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Defendant: JOMCO Contracting, LLC
Represented By: W. James Johnson
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Defendant: Highlands at Cullowhee LLC
Represented By: W. James Johnson
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Defendant: Joseph Riley Johnson
Represented By: W. James Johnson
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Defendant: JOMCO, INC
Represented By: W. James Johnson
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Defendant: JOMCO, Inc.
Represented By: W. James Johnson
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Plaintiff: Parker Excavating, Inc.
Represented By: Shira Hedgepeth
Represented By: Shira Loree Hedgepeth
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