Smith v. Fresher et al
Plaintiff: Laurrell Smith
Defendant: Eric Fresher, C.R. England, Inc. and Terawn Benton
Case Number: 1:2019cv00174
Filed: June 3, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Motor Vehicle
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2019 SECOND Notice to Brian T. Gelnett: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/7/2019. (tmg)
July 31, 2019 SECOND Notice to Robert M. Caplan: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/7/2019. (tmg)
July 23, 2019 Filing 27 Corporate Disclosure Statement by Eric Fresher (Hoffman, Dana)
July 23, 2019 Filing 26 Corporate Disclosure Statement by Terawn Benton (Hoffman, Dana)
July 23, 2019 Filing 25 STIPULATION of Dismissal as to Plaintiff's Sixth Claim for Relief by Laurrell Smith (Sullivan, Matthew)
July 22, 2019 Filing 24 NOTICE of Appearance by Patrick Taylor VanderJeugdt on behalf of All Defendants (VanderJeugdt, Patrick)
July 22, 2019 Notice to Attorney Brian T. Gelnett: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 7/29/2019. (ejb)
July 22, 2019 Notice to Attorney Robert M. Caplan: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 7/29/2019. (ejb)
July 22, 2019 Opinion or Order Filing 23 ORDER granting #21 Motion for Leave to Appear Pro Hac Vice, added Brian T. Gelnett for Laurrell Smith. Signed by Magistrate Judge W. Carleton Metcalf on 7/22/2019. (ejb)
July 22, 2019 Opinion or Order Filing 22 ORDER granting #20 Motion for Leave to Appear Pro Hac Vice, added Robert M. Caplan for Laurrell Smith. Signed by Magistrate Judge W. Carleton Metcalf on 7/22/2019. (ejb)
July 19, 2019 Filing 21 MOTION for Leave to Appear Pro Hac Vice as to Brian T. Gelnett Filing fee $ 281, receipt number 0419-4102341. by Laurrell Smith. (Sullivan, Matthew). Motions referred to W. Carleton Metcalf.
July 19, 2019 Filing 20 MOTION for Leave to Appear Pro Hac Vice as to Robert M. Caplan Filing fee $ 281, receipt number 0419-4102330. by Laurrell Smith. (Sullivan, Matthew). Motions referred to W. Carleton Metcalf.
July 19, 2019 Filing 19 AFFIDAVIT of Service filed by Laurrell Smith. Terawn Benton served on 7/13/2019, answer due 8/5/2019. (Sullivan, Matthew)
July 16, 2019 Filing 18 ANSWER to #11 Amended Complaint by Terawn Benton.(Hoffman, Dana)
July 16, 2019 Filing 17 ANSWER to #11 Amended Complaint by Eric Fresher.(Hoffman, Dana)
July 10, 2019 Filing 16 ANSWER to #11 Amended Complaint by C.R. England, Inc..(Hoffman, Dana)
July 10, 2019 Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), MOTION for Judgment on the Pleadings for Partial Judgment on the Pleadings Pursuant to Rule 12(c) by C.R. England, Inc. (Hoffman, Dana) Modified text on 7/11/2019 (ejb).
July 10, 2019 Filing 14 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), MOTION for Judgment on the Pleadings for Partial Judgment on the Pleadings pursuant to Rule 12(c) by C.R. England, Inc. Responses due by 7/24/2019 (Hoffman, Dana). Motions referred to W. Carleton Metcalf. Modified text and added additional relief sought MOTION for Judgment on the Pleadings on 7/11/2019. NEF Regenerated. (ejb)
July 8, 2019 Filing 13 Summons Issued Electronically as to Terawn Benton re: #11 Amended Complaint. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb)
July 8, 2019 Filing 12 Notice of Withdrawal of document by C.R. England, Inc. ***Documents terminated: #6 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6) and Motion for Partial Judgment on the Pleadings Pursuant to Rule 12(c) MOTION for Judgment on Partial Findings filed by C.R. England, Inc., #7 Memorandum in Support of Motion, filed by C.R. England, Inc.. (Hoffman, Dana)
July 3, 2019 Filing 11 AMENDED COMPLAINT with Jury Demand against C.R. England, Inc., Eric Fresher, Terawn Benton, filed by Laurrell Smith.(Sullivan, Matthew) Modified text on 7/8/2019 to add newly named Deft Terawn Benton NEF Regenerated. (ejb)
July 2, 2019 Filing 10 SUMMONS Returned Executed by Laurrell Smith. Eric Fresher served on 6/25/2019, answer due 7/16/2019. (Sullivan, Matthew)
June 25, 2019 Filing 9 Corporate Disclosure Statement by C.R. England, Inc. (Hoffman, Dana)
June 25, 2019 Filing 8 ANSWER to #1 Complaint, with Jury Demand by C.R. England, Inc..(Hoffman, Dana)
June 25, 2019 Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), MOTION for Judgment on Partial Findings on the Pleadings Pursuant to Rule 12(c) by C.R. England, Inc. (Hoffman, Dana) Modified text on 6/26/2019 (ejb).
June 25, 2019 Filing 6 MOTION to Dismiss for Failure to State a Claim Pursuant to Rule 12(b)(6), MOTION for Judgment on Partial Findings on the Pleadings Pursuant to Rule 12(c) by C.R. England, Inc. Responses due by 7/9/2019 (Hoffman, Dana). Motions referred to W. Carleton Metcalf. Added additional relief sought MOTION for Judgment on Partial Findings on 6/26/2019. NEF Regenerated. (ejb). **Document WITHDRAWN per #12 Notice of Withdrawal filed on 7/9/2019 (kby).**
June 19, 2019 Filing 5 NOTICE of Appearance by Dana H. Hoffman on behalf of C.R. England, Inc. (Hoffman, Dana)
June 11, 2019 Filing 4 AFFIDAVIT of Service filed by Laurrell Smith. C.R. England, Inc. served on 6/6/2019, answer due 6/27/2019. (Sullivan, Matthew)
June 3, 2019 Filing 3 Summons Issued Electronically as to Eric Fresher, C.R. England, Inc. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (ejb)
June 3, 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. (ejb)
June 3, 2019 Filing 2 Corporate Disclosure Statement by Laurrell Smith (Sullivan, Matthew)
June 3, 2019 Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-4047302), filed by Laurrell Smith. (Attachments: #1 Civil Cover Sheet, # 2 and # 3 Documents Deleted - Summonses placed in Civil Summons Queue by Clerk to be issued.)(Sullivan, Matthew) Modified text on 6/3/2019. NEF Regenerated. (ejb)

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Plaintiff: Laurrell Smith
Represented By: Matthew Scott Sullivan
Represented By: Robert M. Caplan
Represented By: Brian T. Gelnett
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Defendant: Eric Fresher
Represented By: Dana H. Hoffman
Represented By: Patrick Taylor VanderJeugdt
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Defendant: C.R. England, Inc.
Represented By: Dana H. Hoffman
Represented By: Patrick Taylor VanderJeugdt
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Defendant: Terawn Benton
Represented By: Dana H. Hoffman
Represented By: Patrick Taylor VanderJeugdt
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