Nardone et al v. Edee
| Alix E. Nardone and Brooke E. Stark |
| Eric Edee and Eric J. Edee |
| 1:2023cv00245 |
| August 28, 2023 |
| US District Court for the Western District of North Carolina |
| Max O Cogburn |
| W Carleton Metcalf |
| Martin Reidinger |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| None |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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Filing 18
#4 Order Mail returned as undeliverable. Envelope label states: Return to Sender; Not Deliverable As Addressed; Unable to Foward. #4 Order remailed to Eric J. Edee at 5665 Atlanta Hwy 9, #266, Alpharetta, GA, 30004. (Attachments: #1 Order Attachment) (cly)
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TEXT-ONLY ORDER finding as moot #17 Motion to Continue Text of Order: ORDER: As the hearing in this matter has been rescheduled for November 1, 2023, the Motion for Calendar Protection for Counsel from 10/25/2023 at 11:30 am to 10/30/2023 is DENIED AS MOOT. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 10/17/2023. (kkb)
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NOTICE of Hearing: Status Conference set for 11/1/2023 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)
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NOTICE of Hearing on Motions re: #2 MOTION to Remand to State Court and Motion to Expedite Briefing, #8 MOTION to Withdraw as Attorney, #10 Pro Se MOTION for a 30 Day Continuance and Amended Response to Plaintiffs' Answers and #13 Pro Se REQUEST/MOTION for Case Withdrawal and Dismissal With Prejudice, In the Alternative, MOTION for Continuance for 45 Days to Correct County Court Docket, MOTION for Continuance for 30 Days to Correct County Court Docket, REQUEST/MOTION of Authorization to Represent by Verified Engagement Agreement: Motion Hearing set for 11/1/2023 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)
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Filing 17
MOTION to Continue for Protection from Hearing OCT 25 at 11:30 a.m. through OCT 30 by Alix E. Nardone, Brooke E. Stark. Responses due by 10/30/2023 (Whitfield-Cargile, Davis) Modified all capital text on 10/17/2023 (ams).
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Filing 16
ORDER that (1.) Deft's #11 Pro Se "Emergency Motion Medical Continuance Request for Medical Continuance..." is GRANTED IN PART, and Clerk is RESPECTFULLY DIRECTED TO RESCHEDULE hearing and status conference in this matter for a date as soon as practicable on or after 10/25/2023. (2.) Pltf's counsel, Deft's current counsel (Mr. Woodrow), and Deft are each DIRECTED TO APPEAR in person for those proceedings, which will be conducted at the U.S. Courthouse in Asheville, NC. (3.) Clerk is RESPECTFULLY DIRECTED TO TRANSMIT a copy of this Order and forthcoming notice of hearing to Deft directly at address provided by defense counsel in #8 Motion to Withdraw, as well as to "5665 Atlanta Hwy 9, #266, Alpharetta, GA 30004," which is address provided by Deft in his #14 "Clarification and Declaration of Official Address for Notice and Address for Service of Process." (See Order for further details.) Signed by US Magistrate Judge W. Carleton Metcalf on 10/13/2023. (ejb)
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Filing 15
Pro Se Defendant's RESPONSE to Plaintiff's #2 MOTION to Remand to State Court and Motion to Expedite Briefing MOTION to Expedite by Eric J. Edee. Replies due by 10/20/2023. (cly)
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Filing 14
Pro Se Defendant's Clarification and DECLARATION of Official Address For Notice and Address For Service Of Process filed by Eric J. Edee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C). (cly)
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Filing 13
Pro Se REQUEST/MOTION for Case Withdrawal and Dismissal With Prejudice, In the Alternative, MOTION for Continuance for 45 Days to Correct County Court Docket, MOTION for Continuance for 30 Days to Correct County Court Docket, REQUEST/MOTION of Authorization to Represent by Verified Engagement Agreement (Responses due by 10/27/2023) by Eric J. Edee. (Attachments: #1 Exhibit A, #2 Exhibit B) (cly). Motions referred to W. Carleton Metcalf.
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Filing 12
Pro Se Medical Records (Sealed - Attorney) re: #11 Emergency MOTION for Medical Continuance for Monday October 16, 2023 by Eric J. Edee (available to Eric J. Edee, Alix E. Nardone, Brooke E. Stark). (cly) Modified on 10/13/2023 to add Pro Se (cly).
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Filing 11
Pro Se Emergency MOTION for Medical Continuance for Monday October 16, 2023 by Eric J. Edee. Responses due by 10/27/2023. (cly) Modified text on 10/13/2023 to add Pro Se (cly).
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Filing 9
ORDER: The Clerk is RESPECTFULLY DIRECTED TO SCHEDULE A HEARING on the #8 Motion to Withdraw and the #2 Motion to Remand, and to schedule a status conference in this matter. Plaintiff's counsel, Mr. Woodrow, and Defendant are each DIRECTED TO APPEAR in person for those proceedings. The Clerk is RESPECTFULLY DIRECTED TO TRANSMIT a copy of this Order and the forthcoming notice of hearing to Defendant directly at the address provided by defense counsel in the Motion to Withdraw. In addition, Mr. Woodrow is DIRECTED to take all reasonable steps to ensure that Defendant receives a copy of this Order and the forthcoming notice of hearing and is otherwise aware of his obligation to appear personally for those proceedings. Signed by US Magistrate Judge W. Carleton Metcalf on 9/22/2023. (kby)
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NOTICE of Hearing on Motions re: #2 MOTION to Remand to State Court and Motion to Expedite Briefing MOTION to Expedite, #8 MOTION to Withdraw as Attorney: Motion Hearing set for 10/16/2023 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)
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NOTICE of Hearing: Status Conference set for 10/16/2023 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)
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Filing 10
Pro Se MOTION for a 30 Day Continuance and Amended Response to Plaintiffs' Answers by Eric J. Edee. Responses due by 10/6/2023 (Attachments: #1 Envelope) (tlj). Motions referred to W. Carleton Metcalf.
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Filing 8
MOTION to Withdraw as Attorney by Eric J. Edee. Responses due by 10/5/2023 (Woodrow, Thomas). Motions referred to W. Carleton Metcalf.
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Filing 7
MOTION for Extension of Time to File Response/Reply by Eric J. Edee. Responses due by 9/29/2023 (Woodrow, Thomas). Motions referred to W. Carleton Metcalf.
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Filing 6
NOTICE of Appearance by Thomas R. Woodrow on behalf of Eric J. Edee (Woodrow, Thomas)
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Filing 5
Pro Se MOTION for Extension of Time to File Response/Reply re: #2 MOTION to Remand to State Court and Motion to Expedite Briefing MOTION to Expedite by Eric J. Edee. Responses due by 9/29/2023 (tlj). Motions referred to W. Carleton Metcalf.
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TEXT-ONLY ORDER granting #7 MOTION for Extension of Time to File Response/Reply , #2 MOTION to Remand to State Court and Motion to Expedite Briefing MOTION to Expedite Responses due by 9/22/2023 Text of Order: ORDER: Defendant's Motion for Extension of Time is GRANTED, and the deadline for Defendant to file a response to the Motion to Remand is EXTENDED through and including September 22, 2023. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 9/15/2023. (kkb)
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TEXT-ONLY ORDER denying as moot #5 MOTION for Extension of Time to File Response/Reply re: #2 MOTION to Remand to State Court and Motion to Expedite Briefing MOTION to Expedite Text of Order: ORDER: In light of the order granting Defendant's Motion for Extension of Time, the Pro Se Request for a 45 Day Continuance is DENIED AS MOOT. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 9/15/2023. (kkb)
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Filing 4
ORDER re #2 MOTION to Remand to State Court, MOTION to Expedite: To the extent the Motion to Remand requests that the Court set an expedited briefing schedule, the Motion is DENIED. To the extent the Motion to Remand requests that the Court "remand this matter to State Court, and award costs, attorneys fees, and such other and further relief as the Court deems just and proper," Doc. 2 at 9, the Motion REMAINS ACTIVE. Defendant is ADVISED to review the Motion to Remand and supporting materials carefully. Defendant is FURTHER ADVISED that under the Local Rules his response is due by September 15, 2023 and that if he does not submit a response to the Motion by that deadline (unless it is extended), the Court may proceed to consider the Motion to Remand without hearing from him. (Responses due by 9/15/2023). Signed by US Magistrate Judge W. Carleton Metcalf on 9/7/2023. (Pro se litigant served by US Mail). (kby)
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Filing 3
CERTIFICATE OF SERVICE by Alix E. Nardone, Brooke E. Stark re #2 MOTION to Remand to State Court and Motion to Expedite Briefing (Whitfield-Cargile, Davis)
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Filing 2
MOTION to Remand to State Court and Motion to Expedite Briefing by Alix E. Nardone, Brooke E. Stark. Responses due by 9/15/2023 (Attachments: #1 Exhibit A--Order on Motion to Remand from First Removal, #2 Exhibit B--Filed Petition to Partition, #3 Exhibit C--Return of Service 12.12.2021, #4 Exhibit D--Order on Application for Relief, #5 Exhibit E--Order October 12, 2022 on Petition to Partition, #6 Exhibit F--Amended Certificate of Service, #7 Exhibit G--Report of Sale, #8 Exhibit H--Filed Order on Motions Heard May 8, 2023, #9 Exhibit I--Amended Petition to Partition, #10 Exhibit J--Proof of Service, #11 Exhibit K--Notice of Hearing) (Whitfield-Cargile, Davis). Motions referred to W. Carleton Metcalf. Added MOTION to Expedite on 9/8/2023 (kby).
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Case reassigned to District Judge Max O. Cogburn, Jr. pursuant to related case 1:23-cv-30-MOC-WCM. Chief Judge Martin Reidinger no longer assigned to the case. This is your only notice - you will not receive a separate document. (ejb)
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Filing 1
NOTICE OF REMOVAL from State of North Carolina, County of Transylvania, Superior Court Division, case number 21-SP-61. (Filing fee $ 402 receipt number 5376), filed by Eric Edee. (Attachments: #1 Attachment, #2 State Document)(cjs)
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