Oppenheimer v. Mountaintop Golf and Lake Club, Inc. et al
| David Gordon Oppenheimer |
| Mountaintop Golf and Lake Club, Inc., Mountaintop Properties, LLC, Discovery Land Company, LLC, Adventure Realty, Inc., Alison M Moody and Catherine Miller |
| Old Cashiers Realty, Inc. |
| 1:2024cv00110 |
| April 10, 2024 |
| US District Court for the Western District of North Carolina |
| W Carleton Metcalf |
| Martin Reidinger |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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| Filing 43 Case transferred in from District of North Carolina Eastern; Case Number 5:23-cv-00681. Original electronic file and docket sheet received. |
| 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.(rth) |
Filing 42
ORDER granting #17 Motion to Transfer Case. This action is hereby TRANSFERRED in its entirety to the United States District Court for the Western District of North Carolina, Asheville Division. Signed by District Judge Terrence W. Boyle on 4/9/2024. (Stouch, L.) [Transferred from North Carolina Eastern on 4/11/2024.]
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| Filing 41 AMENDED 3RD PARTY COMPLAINT against Old Cashiers Realty, Inc., filed by Mountaintop Properties, LLC. (Attachments: #1 Exhibit 1) (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
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Filing 40
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 4/1/2024. (Sellers, N.) [Transferred from North Carolina Eastern on 4/11/2024.]
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| Filing 39 Memorandum in Support regarding #38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in lieu of an Answer filed by Old Cashiers Realty, Inc.. (Rollero, Preston) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in lieu of an Answer filed by Old Cashiers Realty, Inc.. (Rollero, Preston) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 37 Defendants Adventure Realty, Inc., Alison M. Moody, and Catharine C. Miller's Motion to Dismiss and ANSWER to #1 Complaint, with Jury Demand by Adventure Realty, Inc., Catherine Miller, Alison M Moody. (Carroll, Jon) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 36 Financial Disclosure Statement by Old Cashiers Realty, Inc. (Wilson, Claude) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 35 Financial Disclosure Statement by Adventure Realty, Inc. (Carroll, Jon) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 34 Notice of Appearance filed by Jon Paul Carroll on behalf of Adventure Realty, Inc., Catherine Miller, Alison M Moody. (Carroll, Jon) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 33 Waiver of Service Returned Executed filed by David Gordon Oppenheimer. Catherine Miller waiver sent on 3/6/2024, answer due 5/5/2024., Affidavit of Service for Summons Complaint Exhibits filed by David Gordon Oppenheimer served on Katherine Kati Miller on 3/6/2024. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 32 Affidavit of Service for Summons Complaint Exhibits filed by David Gordon Oppenheimer served on Allison Moody, Individually on 2/23/2024. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 31 Affidavit of Service for Summons Complaint Exhibits to Adventure Realty filed by David Gordon Oppenheimer served on Reg Agent on 2/23/2024. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 30 MOTION to Substitute Attorney Consent Order for Withdrawal and Substitution of Counsel filed by Mountaintop Golf and Lake Club, Inc.. (Stephenson, Jeremy) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Motion Submitted to District Judge Terrence W. Boyle regarding #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(A). (Stouch, L.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 29 Notice of Appearance filed by Preston William Rollero on behalf of Old Cashiers Realty, Inc.. (Rollero, Preston) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #28 Consent MOTION for Extension of Time to File Answer regarding #20 Third Party Complaint. (Sellers, N.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| TEXT ORDER granting Third Party Defendant Old Cashiers Realty, Inc.'s Motion for Extension of Time #28 . For good cause shown, it is ordered that this party has up to and including March 15, 2024, within which to answer or otherwise respond to the Third Party Complaint #20 . Signed by Peter A. Moore, Jr., Clerk of Court on 2/13/2024. (Hockaday, A.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 28 Consent MOTION for Extension of Time to File Answer regarding #20 Third Party Complaint filed by Old Cashiers Realty, Inc.. (Attachments: #1 Text of Proposed Order for EOT) (Wilson, Claude) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 27 SUMMONS Returned Executed by Mountaintop Properties, LLC. Old Cashiers Realty, Inc. served on 1/24/2024, answer due 2/14/2024. (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 26 Notice of Appearance filed by Claude Rob Wilson on behalf of Old Cashiers Realty, Inc.. (Wilson, Claude) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Sellers, N.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 25 Summons Returned Unexecuted by David Gordon Oppenheimer as to Adventure Realty, Inc.. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 24 Summons Returned Unexecuted by David Gordon Oppenheimer as to Alison M Moody. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 23 Summons Returned Unexecuted by David Gordon Oppenheimer as to Catherine Miller. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| **CORRECTION** Motion No Longer Submitted to District Judge Terrence W. Boyle: regarding #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(A). (Stouch, L.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Motion Submitted to District Judge Terrence W. Boyle regarding #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(A). (Stouch, L.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 22 Notice filed by Discovery Land Company, LLC, Mountaintop Properties, LLC regarding #17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(A) of Non-objection. (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 21 Summons Issued as to Old Cashiers Realty, Inc. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Sellers, N.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| TEXT ORDER finding as moot the Motion for Extension of Time #10 filed by Mountaintop Properties, LLC and Discovery Land Company, LLC. The Answer #13 was timely filed. Signed by Peter A. Moore, Jr., Clerk of Court on 1/10/2024. (Hockaday, A.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #10 MOTION for Extension of Time to File Answer or otherwise respond to Complaint. (Stouch, L.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 20 THIRD PARTY COMPLAINT against Old Cashiers Realty, Inc., filed by Mountaintop Properties, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 19 Notice of Appearance filed by Scott A. Scurfield on behalf of Mountaintop Golf and Lake Club, Inc.. (Scurfield, Scott) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 18 Notice of Appearance filed by Rodney E. Pettey on behalf of Mountaintop Golf and Lake Club, Inc.. (Pettey, Rodney) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 17 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(A) filed by Mountaintop Golf and Lake Club, Inc.. (Attachments: #1 Exhibit Brief in Support) (Stephenson, Jeremy) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 16 Notice filed by Mountaintop Golf and Lake Club, Inc. regarding #14 Notice of Appearance Disclosure of Corporate Affiliations. (Stephenson, Jeremy) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 15 ANSWER to #1 Complaint, with Jury Demand by Mountaintop Golf and Lake Club, Inc. (Stephenson, Jeremy) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 14 Notice of Appearance filed by Jeremy A. Stephenson on behalf of Mountaintop Golf and Lake Club, Inc.. (Stephenson, Jeremy) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 13 ANSWER to #1 Complaint,, by Discovery Land Company, LLC, Mountaintop Properties, LLC. (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 12 Financial Disclosure Statement by Discovery Land Company, LLC (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 11 Financial Disclosure Statement by Mountaintop Properties, LLC identifying Corporate Parent Discovery Cashiers Management, LLC for Mountaintop Properties, LLC. (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 10 MOTION for Extension of Time to File Answer or otherwise respond to Complaint filed by Discovery Land Company, LLC, Mountaintop Properties, LLC. (Attachments: #1 Text of Proposed Order) (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 9 Notice of Appearance filed by Chelsea J. Corey on behalf of Discovery Land Company, LLC, Mountaintop Properties, LLC. (Corey, Chelsea) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 8 SUMMONS Returned Executed by David Gordon Oppenheimer. Mountaintop Properties, LLC served on 12/5/2023, answer due 12/26/2023. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 7 SUMMONS Returned Executed by David Gordon Oppenheimer. Mountaintop Golf and Lake Club, Inc. served on 12/5/2023, answer due 12/26/2023. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 6 SUMMONS Returned Executed by David Gordon Oppenheimer. Discovery Land Company, LLC served on 12/5/2023, answer due 12/26/2023. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 5 Summons Issued as to Adventure Realty, Inc., Discovery Land Company, LLC, Catherine Miller, Alison M Moody, Mountaintop Golf and Lake Club, Inc., Mountaintop Properties, LLC. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 4 COPYRIGHT REPORT: Copy of report forwarded to Register of Copyrights, U.S. Copyright Office, 101 Independence Ave. S.E., Washington, D.C. 20559-6000 via US Mail on November 29, 2023. (Rudd, D.) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 3 Financial Disclosure Statement by David Gordon Oppenheimer (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 2 Notice of Appearance filed by Dana A. LeJune on behalf of David Gordon Oppenheimer. (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCEDC-7374452.), filed by David Gordon Oppenheimer. (Attachments: #1 Civil Cover Sheet Civil Cover, #2 Exhibit The Works, #3 Exhibit Copyright Registration, #4 Exhibit Infringements, #5 Exhibit Cease & Desist Letter, #6 Proposed Summons To Mountaintop Golf and Lake, #7 Proposed Summons to Mountaintop Properties, #8 Proposed Summons to Discovery Land Company, #9 Proposed Summons to Adventure Realty, Inc., #10 Proposed Summons to Alison M. Moody, #11 Proposed Summons to Catherine C Miller) (LeJune, Dana) [Transferred from North Carolina Eastern on 4/11/2024.] |
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