Heritage Property & Casualty Insurance v. Omega Flex, Inc.
| Heritage Property & Casualty Insurance Company |
| Omega Flex, Inc. |
| 1:2021cv00195 |
| July 28, 2021 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Martin Reidinger |
| Prop. Damage Prod. Liability |
| 28 U.S.C. ยง 1446 |
| Both |
Docket Report
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This docket was last retrieved on September 24, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 13
Pretrial Order and Case Management Plan: Estimated Trial Time: 5 days. Discovery due by 4/14/2022. Motions due by 5/17/2022. Mediator Designation deadline set for 10/15/2021. Mediation deadline set for 5/3/2022. Jury Trial set for 10/17/2022 at 9:30 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before Magistrate Judge W. Carleton Metcalf. Signed by Magistrate Judge W. Carleton Metcalf on 9/24/2021. (ejb)
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| Minute Entry: PRETRIAL CONFERENCE held before Magistrate Judge W. Carleton Metcalf. Plaintiffs attorney: Mark Utke and Zachary Renegar. Defendants attorney: Erin Grewe and W. James Johnson. An initial pretrial conference was held by video conference on September 24, 2021 with Mark Utke and Zachary Renegar participating on behalf of Plaintiff Heritage Property & Casualty Insurance Company as subrogee of William Hobbs, and Erin Grewe and W. James Johnson participating on behalf of Defendant Omega Flex, Inc. During the conference, Plaintiffs counsel were advised that in years past Judge Metcalf and defense counsel Mr. Johnson were associated with the same law firm. Mr. Utke advised that he will confer with Plaintiff regarding this issue and, if Plaintiff objects to Judge Metcalfs participation in this matter, make any appropriate filings on or before October 1, 2021. A pretrial order will issue.(kkb) |
| Filing 12 MOTION to Dismiss by Omega Flex, Inc.. Responses due by 10/7/2021 (Attachments: #1 Memorandum Memorandum of Law) (Grewe, Erin) |
| NOTICE of Hearing: Initial Pretrial Conference (by video) set for 9/14/2021 09:00 AM in Chambers before Magistrate Judge W. Carleton Metcalf. The Clerk will contact parties separately with connection information. This is your only notice - you will not receive a separate document.(kby) |
| AMENDED NOTICE of Hearing: Initial Pretrial Conference (by video) RESCHEDULED for 9/24/2021 09:00 AM in Chambers before Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document.(kby) |
| Case reassigned to Magistrate Judge W. Carleton Metcalf as Presiding Judge. Chief Judge Martin Reidinger no longer assigned to the case, pursuant to filing of #11 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge. This is your only notice - you will not receive a separate document. (ejb) |
| Filing 11 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge filed by all parties. (Johnson, W.) |
| Filing 10 CERTIFICATION of initial attorney conference and discovery plan . ALL Parties Consent to Magistrate Jurisdiction (Johnson, W.) |
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Filing 9
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice, added Mark E. Utke for Heritage Property & Casualty Insurance Company. (Pro Hac Vice Attorney served via NEF.) Signed by Magistrate Judge W. Carleton Metcalf on 8/16/2021. (ejb)
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| Filing 8 MOTION for Leave to Appear Pro Hac Vice as to Mark E. Utke Filing fee $ 288, receipt number 0419-5167332. by Heritage Property & Casualty Insurance Company. (Renegar, Zachary). Motions referred to W. Carleton Metcalf. |
| Filing 7 Corporate Disclosure Statement by Heritage Property & Casualty Insurance Company (Renegar, Zachary) |
| Notice to Attorney Mark E. Utke: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF.) Deadline by 8/23/2021. (ejb) |
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Filing 6
ORDER granting #5 Motion for Leave to Appear Pro Hac Vice, added Erin W. Grewe for Omega Flex, Inc. Signed by Magistrate Judge W. Carleton Metcalf on 8/11/2021. (ejb)
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| Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Erin W. Grewe Filing fee $ 288, receipt number 0419-5159488. by Omega Flex, Inc.. (Johnson, W.). Motions referred to W. Carleton Metcalf. |
| 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 8/30/2021. (ejb) |
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TEXT-ONLY ORDER finding as moot #3 Motion for Extension of Time to Answer Text of Order: ORDER: Considering the filing of Defendant's Answer (Doc. 4), the Consent Motion for Extension of Time to Respond to Plaintiff's Complaint is DENIED AS MOOT. So Ordered. Entered by Magistrate Judge W. Carleton Metcalf on 8/9/2021. (kkb)
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| Filing 4 ANSWER to Complaint contained in #1 Notice of Removal, Defendant's Answer to Plaintiff's Complaint and Separate Affirmative Defenses by Omega Flex, Inc.. (Attachments: #1 Exhibit A)(Johnson, W.) |
| Filing 3 Consent MOTION for Extension of Time to Answer Plaintiff's Complaint by Omega Flex, Inc.. (Johnson, W.). Motions referred to W. Carleton Metcalf. |
| Filing 2 Corporate Disclosure Statement by Omega Flex, Inc. (Johnson, W.) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Avery County Superior Court, case number 21-CVS-190. (Filing fee $ 402 receipt number 0419-5137463), filed by Omega Flex, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Johnson, W.) Modified text on 7/28/2021 (ejb). |
| 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. (rhf) |
| Set Deadlines: Omega Flex, Inc. answer due 8/6/2021. (rhf) |
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| Plaintiff: Heritage Property & Casualty Insurance Company | |
| Represented By: | Zachary V. Renegar |
| Represented By: | Mark E Utke |
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| Defendant: Omega Flex, Inc. | |
| Represented By: | W. James Johnson |
| Represented By: | Erin W. Grewe |
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