Zimmerman v. Blue Rooster Southern Grill et al
| Charles Zimmerman |
| Blue Rooster Southern Grill and Steve Earnest |
| 1:2023cv00188 |
| July 26, 2023 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. ยง 1441 cv Notice of Removal - Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2023. A more recent docket listing may be available from PACER.
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| TEXT-ONLY ORDER Text of Order: In light of the reassignment of this matter, trial in this matter is RESET to the Court's October 21, 2024 trial term. All other provisions of the #8 Pretrial Order and Case Management Plan remain in effect. So Ordered. Entered at the direction of US Magistrate Judge W. Carleton Metcalf on 9/20/2023. (kby) |
| NOTICE of Hearing: Jury Trial RESET for 10/21/2024 09:30 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before US Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document.(kby) |
| Case reassigned to US Magistrate Judge W. Carleton Metcalf as Presider pursuant to #11 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge. Chief Judge Martin Reidinger no longer assigned to the case. This is your only notice - you will not receive a separate document.(kby) |
| Filing 11 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge filed by all parties. (Stephenson, Jeremy) |
| Filing 8 Pretrial Order and Case Management Plan: Estimated Trial Time: 5 days. Discovery due by 5/13/2024. Motions due by 6/12/2024. Mediator Designation deadline set for 10/4/2023. Mediation deadline set for 5/29/2024. Jury Trial set for 11/12/2024 at 9:01 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before Chief Judge Martin Reidinger. Signed by US Magistrate Judge W. Carleton Metcalf on 9/13/2023. (ejb) |
| Filing 7 NOTICE of Appearance by Kayla Joanne Jones on behalf of All Defendants (Jones, Kayla) |
| NOTICE of Hearing: Initial Pretrial Conference RESCHEDULED for 9/13/2023 02:00 PM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before US Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document.(slm) |
| Minute Entry: INITIAL PRETRIAL CONFERENCE held before US Magistrate Judge W. Carleton Metcalf. Pretrial Order to follow. Plaintiffs attorney: J. Elliott Field. Defendants attorney: Jeremy Stephenson. Court reporter: Digital Court Reporter. (slm) |
| Minute Entry: INITIAL PRETRIAL CONFERENCE held before US Magistrate Judge W. Carleton Metcalf. Case called, Plaintiff's attorney unavailable to proceed as scheduled. Hearing rescheduled for 2pm. Defendants attorney: Jeremy Stephenson. Court reporter: Digital Court Reporter. (slm) |
| Filing 6 Corporate Disclosure Statement by Blue Rooster Southern Grill. (Stephenson, Jeremy) (Main Document 6 replaced on 9/8/2023) (mga). NEF regenerated on 9/8/2023 (mga). |
| Filing 5 CERTIFICATION of initial attorney conference and discovery plan . (Stephenson, Jeremy) |
| NOTICE of Hearing:Initial Pretrial Conference set for 9/13/2023 10:00 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before US Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document.(kby) |
| TEXT-ONLY ORDER re #4 Miscellaneous Filing filed by Blue Rooster Southern Grill, Steve Earnest. Text of Order: The Court presumes that the parties' miscellaneous filing (Doc. 4) is intended to serve as a proposed discovery plan for this matter. However, as that filing is not in the proper form and does not reference all of the issues to be discussed during a Rule 26(f) conference, it is DISREGARDED, and the parties are ORDERED to file, on or before September 8, 2023, a Certificate of Initial Attorneys' Conference using either the form that was provided in the Case Assignment Packet on July 26, 2023 or another similar form. In addition, Defendant is ORDERED to file, also by September 8, 2023, a Disclosure by Non-Governmental Corporate Party or Proposed Intervenor of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation form. Finally, the Clerk is respectfully directed to schedule an in-person initial pretrial conference. So Ordered by US Magistrate Judge W. Carleton Metcalf on 8/30/2023. (kby) |
| Filing 4 Miscellaneous Filing by Blue Rooster Southern Grill, Steve Earnest. Pretrial Order and Case Management Plan (Stephenson, Jeremy) |
| Filing 3 NOTICE OF REMOVAL with Jury Demand from the District Court Haywood County, case number 23 CVD 623. (Filing fee $ 402 receipt number BNCWDC-6158137), filed by Steve Earnest, Blue Rooster Southern Grill. (Attachments: #1 Exhibit A State Court Summons and Complaint)(Stephenson, Jeremy) Modified text on 7/26/2023. NEF Regenerated (ejb). (Attachment 1 replaced with correct .pdf on 7/27/2023). NEF Regenerated on 7/27/2023 (ejb). |
| Filing 2 Deleted Document. Attorney refiled Document using correct event. See document 3. Modified on 7/26/2023. NEF Regenerated (ejb). |
| Filing 1 ANSWER to Complaint by Blue Rooster Southern Grill, Steve Earnest. (Stephenson, Jeremy) Modified text and added Blue Rooster Southern Grill as an additional filer of this document on 7/26/2023. NEF Regenerated (ejb). |
| 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) |
| 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 8/16/2023. (ejb) |
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