HMBC, Inc. v. State Farm Fire and Casualty Company et al
Plaintiff: HMBC, Inc. doing business as American Restoration
Defendant: State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company and Warren Douglas Harvey
Case Number: 1:2021cv00066
Filed: March 12, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Insurance
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
Docket Report

This docket was last retrieved on May 7, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 7, 2021 NOTICE of Hearing: Initial Pretrial Conference RESCHEDULED to 5/18/2021 09:00 AM in Chambers before Magistrate Judge W. Carleton Metcalf. Counsel for the parties shall call into the conference line five minutes prior to the conference using the contact information previously provided. This is your only notice - you will not receive a separate document.(kby)
May 6, 2021 NOTICE of Hearing: Initial Pretrial Conference set for 5/12/2021 09:00 AM in Chambers before Magistrate Judge W. Carleton Metcalf. Counsel for the parties shall call into the conference line five minutes prior to the conference. Clerk will contact parties with call-in information. This is your only notice - you will not receive a separate document.(kby)
May 3, 2021 Filing 15 Joint CERTIFICATION of initial attorney conference and discovery plan (Coleman, Shelley)
April 21, 2021 Filing 14 ANSWER to #12 Amended Complaint by State Farm Fire and Casualty Company. (Attachments: #1 Exhibit 1 - State Farm Certified Policy)(Coleman, Shelley)
April 21, 2021 NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 5/12/2021. (ejb)
April 12, 2021 Opinion or Order Filing 13 ORDER: The #7 Motion to Dismiss filed by State Farm Fire and Casualty, State Farm Mutual Automobile Insurance Company, and Warren Douglas Harvey is DENIED AS MOOT. Signed by Magistrate Judge W. Carleton Metcalf on 4/12/2021. (maf)
April 12, 2021 Set Deadlines: State Farm Fire and Casualty Company's Response to #12 Amended Complaint is due 4/23/2021. (maf)
April 9, 2021 Filing 12 AMENDED COMPLAINT with Jury Demand filed by HMBC, Inc. against State Farm Fire and Casualty Company. (Attachments: #1 Exhibit A, #2 Exhibit B) (maf)
April 9, 2021 Filing 11 ***Please disregard. Amended Complaint has been deleted and re-filed at Doc. #12 in order to link defendant to the pleading.
April 1, 2021 Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply by HMBC, Inc.. Responses due by 4/15/2021 (Attachments: #1 Proposed Order) (Meekins, Ralph). Motions referred to W. Carleton Metcalf.
April 1, 2021 Opinion or Order TEXT-ONLY ORDER denying with prejudice #9 Motion to Remand to State Court Text of Order: The Plaintiff's Motion fails to comply with the Court's Local Rules in that the motion fails to reflect consultation with opposing counsel, LCvR 7.1(b), and the motion is not supported by a brief, LCvR 7.1(c). Accordingly, the Plaintiff's Motion is denied without prejudice. So Ordered. Entered by Chief Judge Martin Reidinger on 4/1/21. (LMR)
April 1, 2021 Opinion or Order TEXT-ONLY ORDER granting #10 Motion for Extension of Time to File Response/Reply re #7 MOTION to Dismiss for Failure to State a Claim Responses due by 5/3/2021 Text of Order: ORDER: The Motion for Extension of Time is GRANTED, and the deadline for Plaintiff to respond to Defendant's Motion to Dismiss is EXTENDED by thirty (30) days, through and including May 3, 2021. So Ordered. Entered by Magistrate Judge W. Carleton Metcalf on 4/1/2021. (kkb)
March 31, 2021 Filing 9 MOTION to Remand to State Court by HMBC, Inc.. Responses due by 4/14/2021 (Meekins, Ralph)
March 19, 2021 Filing 8 MEMORANDUM in Support re #7 MOTION to Dismiss for Failure to State a Claim by Warren Douglas Harvey, State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. (Coleman, Shelley)
March 19, 2021 Filing 7 MOTION to Dismiss for Failure to State a Claim by Warren Douglas Harvey, State Farm Fire and Casualty Company, State Farm Mutual Automobile Insurance Company. Responses due by 4/2/2021 (Attachments: #1 Exhibit 1 - State Farm Certified Policy) (Coleman, Shelley). Motions referred to W. Carleton Metcalf.
March 12, 2021 Filing 6 NOTICE of Appearance by Shelley Walters Coleman on behalf of All Defendants (Coleman, Shelley)
March 12, 2021 Filing 5 Corporate Disclosure Statement by Warren Douglas Harvey (Lewis, J.)
March 12, 2021 Filing 4 Corporate Disclosure Statement by State Farm Mutual Automobile Insurance Company (Lewis, J.)
March 12, 2021 Filing 3 Corporate Disclosure Statement by State Farm Fire and Casualty Company (Lewis, J.)
March 12, 2021 Filing 2 NOTICE of Appearance by J. Scott Lewis on behalf of All Defendants (Lewis, J.)
March 12, 2021 Filing 1 NOTICE OF REMOVAL with Jury Demand from Cleveland County Superior Court, case number 21 CVS 95. (Filing fee $ 402 receipt number 0419-4936469), filed by Warren Douglas Harvey. (Attachments: #1 Exhibit 1 - Cleveland County pleadings served, #2 Exhibit 2 - Notice of Filing of Notice of Removal)(Lewis, J.)
March 12, 2021 Case assigned to Chief 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. (hms)
March 12, 2021 Notice to Ralph W. Meekins: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. Register for ECF Account #Application Link. Deadline by 3/19/2021. (hms)NEF Regenerated to Attorney Meekins at rmeekins@tmtlawyers.com on 3/15/2021. (khm)
March 12, 2021 Set Deadlines: Warren Douglas Harvey answer due 3/19/2021; State Farm Fire and Casualty Company answer due 3/19/2021; State Farm Mutual Automobile Insurance Company answer due 3/19/2021. (hms)

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Defendant: State Farm Mutual Automobile Insurance Company
Represented By: J. Scott Lewis
Represented By: Shelley Walters Coleman
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Defendant: State Farm Fire and Casualty Company
Represented By: J. Scott Lewis
Represented By: Shelley Walters Coleman
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Defendant: Warren Douglas Harvey
Represented By: Shelley Walters Coleman
Represented By: J. Scott Lewis
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Plaintiff: HMBC, Inc. doing business as American Restoration
Represented By: Ralph W. Meekins
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