Brickey et al v. SD Transport Inc. et al
| CATHERINE BRICKY, Txxxxx Bxxxxxx, a minor, TIMOTHY DENICOLA, individually, Catherine Brickey and Timothy Denicola |
| SD TRANSPORT INC., JVC ENTERPRISES, LLC and JAMES MARTIN SANDERS |
| 1:2023cv00277 |
| September 28, 2023 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Motor Vehicle |
| Defendant |
Docket Report
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| Filing 22 Letter from U.S. District Court Clerk's Office to Clerk of Superior Court for Buncombe Couty re: #21 Order of Remand remanding this case back to State Court. (cly) |
Filing 21
ORDER OF REMAND granting Defendants' #20 Consent MOTION to Remand to State Court, and this matter is REMANDED to the Superior Court of Buncombe County, North Carolina. Signed by US Magistrate Judge W. Carleton Metcalf on 11/20/2023. (cly)
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| Filing 20 Consent MOTION to Remand to State Court by JVC Enterprises, LLC, SD Transport Inc., James Martin Sanders. Responses due by 12/1/2023 (Attachments: #1 Proposed Order) (Story, Savannah) |
| SECOND Notice to Thomas Herald: 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 11/21/2023. (rth) |
| TEXT-ONLY ORDER granting in part and denying in part #19 MOTION for Extension of Time to Submit Citizenship Disclosure Form. Text of Order: Defendants' Motion for Extension of Time to Submit NCWD's Citizenship Disclosure Form (Doc. 18) is GRANTED in part and the deadline for Defendant JVC Enterprises, LLC to file a citizenship disclosure statement is EXTENDED to and including Friday, November 17, 2023. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 11/13/2023. (TNC) |
| TEXT-ONLY ORDER granting #17 Motion for Leave to Appear Pro Hac Vice Text of Order: Plaintiffs' Amended Motion for Admission Pro Hac Vice and Affidavit (Doc. 17) appears to have been submitted in order to correct the record to reflect that Thomas A. Herald, who has been admitted to practice pro hac vice, is a member of the Texas bar and not the North Carolina bar. For that purpose, the Motion is GRANTED and the correction is NOTED. So Ordered. Entered by US Magistrate Judge W. Carleton Metcalf on 11/13/2023. (TNC) |
| Filing 19 MOTION for Extension of Time Submit Citizenship Disclosure Form by JVC Enterprises, LLC, SD Transport Inc., James Martin Sanders. Responses due by 11/24/2023 (Attachments: #1 Proposed Order) (Adams, Randall) |
| Filing 18 Disclosure Statement of Citizenship of Party or Intervenor by Catherine Brickey. (Marshall, Antoine) |
| Filing 17 AMENDED MOTION for Leave to Appear Pro Hac Vice as to Thomas A. Herald re: #12 Order on Motion for Leave to Appear Pro Hac Vice. (Marshall, Antoine) Modified event type and text on 11/13/2023 (kby). |
| Filing 16 Disclosure Statement of Citizenship of Party or Intervenor by SD Transport Inc.. (Story, Savannah) |
| Filing 15 Disclosure Statement of Citizenship of Party or Intervenor by James Martin Sanders. (Story, Savannah) |
| Filing 14 Disclosure Statement of Citizenship of Party or Intervenor by Timothy Denicola. (Marshall, Antoine) |
| Filing 13 Disclosure Statement of Citizenship of Party or Intervenor by Catherine Brickey. (Marshall, Antoine) |
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Filing 12
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice, added Thomas Herald for Catherine Brickey, Timothy Denicola and the minor T. B. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge W. Carleton Metcalf on 11/3/2023. (ejb)
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| Filing 11 Pretrial Order and Case Management Plan: Estimated Trial Time: 5 days. Discovery due by 10/28/2024. Motions due by 11/21/2024. Mediator Designation deadline set for 11/27/2023. Mediation deadline set for 11/14/2024. Jury Trial set for 4/28/2025 at 9:30 AM in Courtroom 1, 100 Otis St, Asheville, NC 28801 before US Magistrate Judge W. Carleton Metcalf. Signed by US Magistrate Judge W. Carleton Metcalf on 11/3/2023. (ejb) |
| Filing 10 AMENDED COMPLAINT against All Defendants, filed by Timothy Denicola, Catherine Brickey.(Marshall, Antoine) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice as to Thomas A. Herald Filing fee $ 288, receipt number ANCWDC-6280703. by Catherine Brickey, Timothy Denicola. (Marshall, Antoine) |
| Minute Entry: PRETRIAL CONFERENCE held before U.S. Magistrate Judge W. Carleton Metcalf. Plaintiffs' attorney: Antoine Gerell Marshall. Defendants' attorney: Randall R. Adams and Savannah Jane Story. An initial pretrial conference was held by video conference on November 3, 2023 with Antoine Gerell Marshall participating on behalf of Plaintiffs Catherine Brickey, et al and Randall R. Adams and Savannah Jane Story participating on behalf of Defendants SD Transport Inc. et al. A pretrial order will issue. The parties are directed to file citizenship disclosure statements within seven (7) days. (TNC) |
| Notice to Attorney Thomas Herald: 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 11/13/2023. (ejb) |
| Filing 8 NOTICE of Appearance by Savannah Jane Story on behalf of JVC Enterprises, LLC, SD Transport Inc., James Martin Sanders (Story, Savannah) |
| AMENDED NOTICE of Hearing:Initial Pretrial Conference (by video) RESCHEDULED for 11/3/2023 09:00 AM in Chambers before US Magistrate Judge W. Carleton Metcalf. Amended hearing link provided by separate correspondence. This is your only notice - you will not receive a separate document.(kby) |
| NOTICE of Hearing: Initial Pretrial Conference (by video) set for 11/2/2023 09:30 AM in Chambers before US Magistrate Judge W. Carleton Metcalf. Hearing link provided by separate correspondence. This is your only notice - you will not receive a separate document.(kby) |
| Case reassigned to US Magistrate Judge W. Carleton Metcalf pursuant to parties' #6 Joint Stipulation of Consent to Exercise Jurisdiction by a United States 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 7 CERTIFICATION of initial attorney conference and discovery plan . ALL Parties Consent to Magistrate Judge Jurisdiction (Adams, Randall) |
| Filing 6 Joint Stipulation of CONSENT to Jurisdiction by US Magistrate Judge filed by all parties. (Adams, Randall) |
| SECOND Notice to Antione G. Marshall: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. (Attorney served via NEF) Deadline by 10/17/2023. (rth) |
| 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 10/27/2023. (hms) |
| Filing 5 ANSWER to Complaint contained in #1 Notice of Removal, by JVC Enterprises, LLC, SD Transport Inc., James Martin Sanders.(Adams, Randall) |
| 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. (cly) |
| Notice to Antione G. Marshall: Pursuant to Local Rule 83.1 you are required to Satisfy the Requirements for Admission to the Western District of North Carolina Federal Court. (Attorney served via NEF) Deadline by 10/6/2023. (cly) |
| Filing 4 NOTICE of Appearance by Randall R. Adams on behalf of JVC ENTERPRISES, LLC, JAMES MARTIN SANDERS, SD TRANSPORT INC. (Adams, Randall) |
| Filing 3 Corporate Disclosure Statement by JVC ENTERPRISES, LLC. (Adams, Randall) |
| Filing 2 Corporate Disclosure Statement by SD TRANSPORT INC.. (Adams, Randall) |
| Filing 1 NOTICE OF REMOVAL from Buncombe County Superior Court, case number 23-CVS-3451. (Filing fee $ 402 receipt number ANCWDC-6237885), filed by JVC ENTERPRISES, LLC, JAMES MARTIN SANDERS, SD TRANSPORT INC.. (Attachments: #1 Exhibit A - Summons and Complaint, #2 Exhibit B - Notice of Filing Notice of Removal)(Adams, Randall) |
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