Simpson et al v. Spencer et al
Plaintiff: David Simpson and Elizabeth Simpson
Defendant: Kenneth Spencer and Averitt Express, Inc.
Case Number: 1:2021cv00181
Filed: July 16, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: Max O Cogburn
Referring Judge: W Carleton Metcalf
Nature of Suit: Motor Vehicle
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 28, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2021 Filing 11 STIPULATION of Dismissal of Plaintiffs' claim for punitive damages without prejudice by David Simpson, Elizabeth Simpson (Peterson, Justin)
August 13, 2021 Opinion or Order Filing 10 ORDER granting #8 Motion for Leave to Appear Pro Hac Vice, added Justin S. Peterson for David Simpson and Elizabeth Simpson (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 8/13/2021. (ejb)
August 13, 2021 Opinion or Order Filing 9 ORDER granting #7 Motion for Leave to Appear Pro Hac Vice, added Kellie M. Collins for David Simpson and Elizabeth Simpson (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 8/13/2021. (ejb)
August 13, 2021 Filing 8 MOTION for Leave to Appear Pro Hac Vice as to Justin Peterson Filing fee $ 288, receipt number 0419-5163315. by David Simpson, Elizabeth Simpson. (Smith, Ruth). Motions referred to W. Carleton Metcalf.
August 13, 2021 Filing 7 MOTION for Leave to Appear Pro Hac Vice as to Kellie Collins Filing fee $ 288, receipt number 0419-5163148. by David Simpson, Elizabeth Simpson. (Smith, Ruth). Motions referred to W. Carleton Metcalf.
August 13, 2021 Notice to Attorney Kellie M. Collins: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 8/20/2021. (ejb)
August 13, 2021 Notice to Attorney Justin S. Peterson: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF.) Deadline by 8/20/2021. (ejb)
August 9, 2021 Filing 6 ANSWER to #1 Complaint, with Jury Demand by Averitt Express, Inc., Kenneth Spencer.(Foppiano, Houston)
August 9, 2021 Filing 5 MEMORANDUM in Support re #4 MOTION to Dismiss Plaintiffs' Claim for Punitive Damages by Averitt Express, Inc., Kenneth Spencer. (Foppiano, Houston)
August 9, 2021 Filing 4 MOTION to Dismiss Plaintiffs' Claim for Punitive Damages by Averitt Express, Inc., Kenneth Spencer. Responses due by 8/23/2021 (Foppiano, Houston)
July 27, 2021 Filing 3 AFFIDAVIT of Service filed by David Simpson, Elizabeth Simpson. Averitt Express, Inc. served on 7/20/2021, answer due 8/10/2021. (Smith, Ruth) (Main Document 3 replaced on 7/27/2021 with corrected PDF), NEF regenerated (rhf).
July 16, 2021 Filing 2 Summons Issued Electronically as to Averitt Express, Inc., Kenneth Spencer. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (hms)
July 16, 2021 Filing 1 COMPLAINT against All Defendants, with Jury Demand ( Filing fee $ 402 receipt number 0419-5120636), filed by David Simpson, Elizabeth Simpson. (Smith, Ruth) Modified text to change "against All Plaintiffs" to "against All Defendants" on 7/16/2021 (hms). Modified Plaintiffs' names on 7/16/2021 to remove middle names to reflect this Complaint. NEF Regenerated (ejb).
July 16, 2021 Case assigned to District Judge Max O. Cogburn, Jr. 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)

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Plaintiff: David Simpson
Represented By: Ruth C. Smith
Represented By: Justin Scott Peterson
Represented By: Kellie Marie Collins
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Plaintiff: Elizabeth Simpson
Represented By: Ruth C. Smith
Represented By: Justin Scott Peterson
Represented By: Kellie Marie Collins
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Defendant: Kenneth Spencer
Represented By: Houston Foppiano
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Defendant: Averitt Express, Inc.
Represented By: Houston Foppiano
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