Donegal Mutual Insurance Company v. Ordertech Acquisition One, Inc. et al
Plaintiff: Donegal Mutual Insurance Company
Defendant: Wayne Thorpe Development, Inc., Ordertech Acquisition One, Inc. doing business as Circuit Specialists, Ordertech Corp. doing business as Circuit Specialists and Circuit Specialists, Inc.
Case Number: 1:2023cv00165
Filed: July 3, 2023
Court: US District Court for the Western District of North Carolina
Presiding Judge: W Carleton Metcalf
Referring Judge: Martin Reidinger
Nature of Suit: Prop. Damage Prod. Liability
Cause of Action: 28 U.S.C. § 1446 pl Petition for Removal - Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 1, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 31, 2023 Opinion or Order Filing 25 Joint CERTIFICATION of initial attorney conference and discovery plan (Spainhour, John)
August 30, 2023 Opinion or Order Filing 24 ORDER: In light of the filing of the #21 Stipulation of Dismissal Without Prejudice, the #10 Motion to Dismiss that had been previously filed by Ordertech Corp. is DENIED WITHOUT PREJUDICE AS MOOT. Signed by US Magistrate Judge W. Carleton Metcalf on 8/30/2023. (cly)
August 21, 2023 Opinion or Order Filing 23 WITHDRAWAL of Claim re #20 Answer to Complaint by Ordertech Acquisition One, Inc.. (Spainhour, John)
August 10, 2023 Opinion or Order Filing 22 STIPULATION of Dismissal Wayne Thorpe Development, Inc. by Donegal Mutual Insurance Company (Claims still Pending. Case to remain Open). (Ciamaichelo, Michael)
August 9, 2023 Opinion or Order Filing 21 STIPULATION of Dismissal Ordertech Corp. & Circuit Specialists Inc. by Donegal Mutual Insurance Company (Claims still Pending. Case to remain Open). (Ciamaichelo, Michael)
August 4, 2023 Opinion or Order TEXT-ONLY ORDER granting #18 Motion for Extension of Time to File Response/Reply re #10 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim Responses due by 8/14/2023 Text of Order: ORDER: The Consent Motion for Extension of Time to Respond to Motion to Dismiss by Ordertech Corp. is GRANTED, and the deadline for Plaintiff to respond to the Motion to Dismiss is EXTENDED through and including August 14, 2023. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 8/4/2023. (kkb)
August 3, 2023 Opinion or Order Filing 20 ANSWER to Complaint with Jury Demand by Ordertech Acquisition One, Inc..(Spainhour, John)
August 3, 2023 Opinion or Order Filing 19 MEMORANDUM in Opposition re #14 MOTION to Remand , #2 MOTION to Amend/Correct #1 Notice of Removal, by Ordertech Acquisition One, Inc.. Replies due by 8/10/2023 (Attachments: #1 Exhibit 2nd Declaration of Thierry Zerbib)(Spainhour, John)
August 3, 2023 Opinion or Order Filing 18 Consent MOTION for Extension of Time to File Response/Reply Motion to Dismiss by Donegal Mutual Insurance Company. Responses due by 8/17/2023 (Ciamaichelo, Michael). Motions referred to W. Carleton Metcalf.
August 1, 2023 Opinion or Order TEXT-ONLY ORDER granting #17 Motion for Extension of Time to Answer Amended Complaint. Ordertech Acquisition One, Inc. answer due 8/4/2023. Text of Order: ORDER: The Consent Motion for Extension of Time to File Responsive Pleading is GRANTED, and the deadline for Defendant Ordertech Acquisition One, Inc. d/b/a Circuit Specialists to file an answer or otherwise respond to the Amended Complaint is EXTENDED through and including August 4, 2023. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 8/1/2023. (kkb)
July 31, 2023 Opinion or Order Filing 17 Unopposed MOTION for Extension of Time to Answer Amended Complaint by Ordertech Acquisition One, Inc.. (Spainhour, John). Motions referred to W. Carleton Metcalf.
July 24, 2023 Opinion or Order TEXT-ONLY ORDER granting #12 Consent MOTION for Extension of Time to File Response/Reply re: #10 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim , #10 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim Responses due by 8/9/2023 Text of Order: ORDER: Plaintiff's Motion for Extension of Time to Respond to Motion to Dismiss by Ordertech Corp. is GRANTED, and the deadline for Plaintiff to respond to the Motion to Dismiss is EXTENDED through and including August 9, 2023. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 7/24/2023. (kkb)
July 21, 2023 Opinion or Order Filing 16 RESPONSE in Opposition re #2 MOTION to Amend/Correct #1 Notice of Removal, by Donegal Mutual Insurance Company. Replies due by 7/28/2023 (Raab, Christopher)
July 21, 2023 Opinion or Order Filing 15 MEMORANDUM in Support re #14 MOTION to Remand and in Opposition to #2 Defendant's Motion to Amend Petition for Removal by Donegal Mutual Insurance Company. (Raab, Christopher)
July 21, 2023 Opinion or Order Filing 14 MOTION to Remand by Donegal Mutual Insurance Company. Responses due by 8/4/2023 (Raab, Christopher)
July 21, 2023 Opinion or Order Filing 13 AFFIDAVIT of Service by Donegal Mutual Insurance Company (Raab, Christopher)
July 21, 2023 Opinion or Order Filing 12 Consent MOTION for Extension of Time to File Response/Reply re: #10 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Failure to State a Claim by Donegal Mutual Insurance Company. Responses due by 8/4/2023 (Raab, Christopher). Motions referred to W. Carleton Metcalf.
July 18, 2023 Opinion or Order Filing 11 ORDER granting #6 Motion for Leave to Appear Pro Hac Vice, added Michael Ciamaichelo for Donegal Mutual Insurance Company (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 7/18/2023. (ejb)
July 18, 2023 Opinion or Order Notice to Attorney Michael Ciamaichelo: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF.) Deadline by 7/25/2023. (ejb)
July 12, 2023 Opinion or Order Filing 10 MOTION to Dismiss for Lack of Jurisdiction and, MOTION to Dismiss for Failure to State a Claim by Ordertech Corp.. Responses due by 7/26/2023 (Attachments: #1 Exhibit Declaration of Thierry Zerbib, #2 Memorandum of law in support of Motions to Dismiss) (Spainhour, John). Motions referred to W. Carleton Metcalf.
July 12, 2023 Opinion or Order Filing 9 Disclosure Statement of Citizenship of Party or Intervenor by Ordertech Corp.. (Spainhour, John)
July 12, 2023 Opinion or Order Filing 8 Corporate Disclosure Statement by Ordertech Corp.. (Spainhour, John)
July 12, 2023 Opinion or Order Filing 7 NOTICE of Appearance by John E. Spainhour on behalf of Ordertech Acquisition One, Inc., Ordertech Corp. (Spainhour, John)
July 10, 2023 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice as to Michael Ciamaichelo Filing fee $ 288, receipt number ANCWDC-6137635. by Donegal Mutual Insurance Company. (Raab, Christopher). Motions referred to W. Carleton Metcalf.
July 10, 2023 Opinion or Order Filing 5 Disclosure Statement of Citizenship of Party or Intervenor by Donegal Mutual Insurance Company. (Raab, Christopher)
July 7, 2023 Opinion or Order Filing 4 Disclosure Statement of Citizenship of Party or Intervenor by Ordertech Acquisition One, Inc.. (Spainhour, John)
July 7, 2023 Opinion or Order Filing 3 Corporate Disclosure Statement by Ordertech Acquisition One, Inc.. (Spainhour, John)
July 7, 2023 Opinion or Order Filing 2 MOTION to Amend/Correct #1 Notice of Removal, by Ordertech Acquisition One, Inc.. Responses due by 7/21/2023 (Attachments: #1 Exhibit 1 Amended Petition for Removal, #2 Memorandum in support of Motion to Amend Petition for Removal) (Spainhour, John). Motions referred to W. Carleton Metcalf.
July 3, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL with Jury Demand from Henderson County Superior Court, case number 23 cvs 841. (Filing fee $ 402 receipt number ANCWDC-6130030), filed by Ordertech Acquisition One, Inc., Ordertech Corp., Circuit Specialists, Inc. (Spainhour, John) Modified on 7/3/2023 to remove capitalization of Deft Ordertech Acquisition One, Inc.'s name and to add Defts Ordertech Corp., and Circuit Specialists, Inc. as additional filers of this pleading. NEF Regenerated (ejb).
July 3, 2023 Opinion or Order Case assigned to Chief Judge Martin Reidinger and US 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)

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Defendant: Wayne Thorpe Development, Inc.
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Defendant: Ordertech Acquisition One, Inc. doing business as Circuit Specialists
Represented By: John E. Spainhour
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Defendant: Ordertech Corp. doing business as Circuit Specialists
Represented By: John E. Spainhour
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Defendant: Circuit Specialists, Inc.
Represented By: John E. Spainhour
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Plaintiff: Donegal Mutual Insurance Company
Represented By: Daniel McPherson Nunn
Represented By: Christopher P. Raab
Represented By: Michael Ciamaichelo
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