Maryville Jamestown OPCO LLC v. United States Small Business Administration et al
| Maryville Jamestown OPCO LLC |
| United States Small Business Administration, Isabella Casillas Guzman, Janet Yellen and The United States of America |
| 1:2023cv00247 |
| August 28, 2023 |
| US District Court for the Western District of North Carolina |
| Asheville Office |
| Martin Reidinger |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on September 29, 2023. A more recent docket listing may be available from PACER.
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| Set Deadline: Defts' Answers due 10/30/2023, pursuant to #20 Order. (ejb) |
Filing 20
ORDER that: (1.) The stay issued by the Court in this case, as well as the stay in each of the 20 other cases noted in Appendix A as having been originally filed in this Court, is hereby LIFTED. (2.) On or before 10/30/2023, Defts shall file Answers in all of the 48 subject cases identified in Appendix A. This Order supersedes any other current deadlines for the Defts Answers to the Complaints in the 48 subject cases. (3.) On or before 10/30/2023, the Defts shall compile and provide to the Pltfs the consolidated administrative record applicable to all 48 of the subject cases. (See Order for further details.) (4.) On or before 11/13/2023, Defts shall file in this action the consolidated administrative record. (See Order for further details.) (5.) On or before 12/1/2023 the parties shall file any motion, joint or otherwise, regarding the consolidation of all or some of the 48 subject cases into one or more consolidated proceedings. Signed by Chief Judge Martin Reidinger on 9/28/2023. (ejb)
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| Filing 19 Notice of Substitution of Counsel by Gill Paul Beck, Sr on behalf of Janet Yellen, Isabella Casillas Guzman, United States Small Business Administration, The United States of America, Attorney Mitchell Panter; Leah Walker McClanahan and Robert C McConkey, III terminated. (Beck, Gill) |
| Filing 18 Notice of Substitution of Counsel by Kirk Gibson Warner on behalf of Maryville Jamestown OPCO LLC, Attorney Steven Parker terminated. (Warner, Kirk) |
| Filing 17 Case transferred in from District of Tennessee Eastern; Case Number 3:23-cv-00173. Original electronic file and docket sheet received. |
| Case assigned to Chief Judge Martin Reidinger. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(rth) |
| Notice to Steven Parker: Pursuant to Local Rule 83.1 you are required to File a motion pro hac vice. (Attorney served via NEF) Deadline by 9/5/2023. (rth) |
| Filing 16 JUDGMENT granting #13 Motion to Change Venue. Signed by District Judge Curtis L Collier on 8/28/23. (CNC) [Transferred from Tennessee Eastern on 8/29/2023.] |
| Filing 15 MEMORANDUM - the Court will GRANT the parties joint motion (Doc. 13) and DIRECT the Clerk of Court to transfer this case to the Western District of North Carolina. Signed by District Judge Curtis L Collier on 8/28/23. (CNC)[Transferred from Tennessee Eastern on 8/29/2023.] |
| Filing 14 MEMORANDUM in Support of Motion re #13 Joint MOTION to Change Venue filed by The United States of America, United States Small Business Administration, Janet Yellen. (Attachments: #1 Exhibit 1 - List of Cases)(Panter, Mitchell) [Transferred from Tennessee Eastern on 8/29/2023.] |
| Filing 13 Joint MOTION to Change Venue by The United States of America, United States Small Business Administration, Janet Yellen. (Attachments: #1 Other Proposed Order)(Panter, Mitchell) [Transferred from Tennessee Eastern on 8/29/2023.] |
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Filing 12
ORDER: IT IS HEREBY ORDERED that Defendants deadline to file a response to Plaintiffs Complaint is EXTENDED for 90 days, pending the parties intended submission of a joint motion to transfer this action and further orderof the transferee court. The Court GRANTS the joint motion #11 . Signed by Magistrate Judge Debra C Poplin on 7/31/23. (ABF) [Transferred from Tennessee Eastern on 8/29/2023.]
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| Filing 11 Joint MOTION for Extension of Time to File by Isabella Casillas Guzman, The United States of America, United States Small Business Administration, Janet Yellen. (Attachments: #1 Other Proposed Order)(Panter, Mitchell) [Transferred from Tennessee Eastern on 8/29/2023.] |
| Filing 10 AFFIDAVIT of Service for Summons and Complaint served on United States of America on 5/30/23, filed by Maryville Jamestown OPCO LLC. (Attachments: #1 Exhibit A - Delivery Receipt)(Parker, Steven) [Transferred from Tennessee Eastern on 8/29/2023.] |
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Filing 9
ORDER granting #8 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 6/20/2023. (This entry constitutes the complete Order of the Court.) (AGA) [Transferred from Tennessee Eastern on 8/29/2023.]
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| Clerk's Verification of PHV Requirements is complete regarding document: #8 MOTION for Leave to Appear Pro Hac Vice for attorney Kirk G. Warner ( Filing fee $ 90 receipt number ATNEDC-5382822.) filed by Maryville Jamestown OPCO LLC (JBR) [Transferred from Tennessee Eastern on 8/29/2023.] |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice for attorney Kirk G. Warner ( Filing fee $ 90 receipt number ATNEDC-5382822.) by Maryville Jamestown OPCO LLC. (Attachments: #1 Other Certificate of Good Standing)(Parker, Steven) [Transferred from Tennessee Eastern on 8/29/2023.] |
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Filing 7
Order Governing Sealing Confidential Information. Signed by District Judge Curtis L Collier on 5/17/2023. (AWS) Mailed to Kirk G. Warner. [Transferred from Tennessee Eastern on 8/29/2023.]
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Filing 6
Order Governing Motions To Dismiss. Signed by District Judge Curtis L Collier on 5/17/2023. (AWS) Mailed to Kirk G. Warner. [Transferred from Tennessee Eastern on 8/29/2023.]
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Filing 5
Order Governing Depositions. Signed by District Judge Curtis L Collier on 5/17/2023. (AWS) Mailed to Kirk G. Warner. [Transferred from Tennessee Eastern on 8/29/2023.]
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| Filing 4 Administrative Notice to Counsel as to Kirk G. Warner re #1 Complaint : requirements due by 5/29/2023. (AWS) Mailed to Kirk G. Warner. [Transferred from Tennessee Eastern on 8/29/2023.] |
| Filing 3 Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: #1 Summons Janet Yellen, #2 Summons US Small Business Administration, #3 Summons US Attorney for Eastern District of TN, #4 Summons US Attorney General)(AWS) [Transferred from Tennessee Eastern on 8/29/2023.] |
| District Judge Curtis L Collier and Magistrate Judge Debra C Poplin added. (AWS) [Transferred from Tennessee Eastern on 8/29/2023.] |
| Filing 2 Certificate of Corporate Interest by Maryville Jamestown OPCO LLC. (Parker, Steven) [Transferred from Tennessee Eastern on 8/29/2023.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ATNEDC-5373699.), filed by Maryville Jamestown OPCO LLC. (Attachments: #1 Other Civil Cover Sheet, #2 Summons Isabella Casillas Guzman, #3 Summons United States Small Business Administraton, #4 Summons US Attorney for the Eastern District of Tenn., #5 Summons US Attorney General, #6 Summons Janet Yellen)(Parker, Steven) [Transferred from Tennessee Eastern on 8/29/2023.] |
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