Kinsinger et al v. Smartcore, LLC et al
Plaintiff: Eric Kinsinger and Denise Kinsinger
Defendant: Smartcore, LLC, Smartcore Electrical, LLC, Smartcore Electrical Services, LLC, Smartcore, LLC Group Health Benefit Plan, Jared Crook, Steven Matthew Good and William Winn
Case Number: 3:2017cv00643
Filed: November 1, 2017
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: XX, Outside State
Presiding Judge: David Keesler
Presiding Judge: Frank D. Whitney
Nature of Suit: Employee Retirement Income Security Act of 1974
Cause of Action: 29 U.S.C. ยง 1132
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 22, 2021 Opinion or Order Filing 194 ORDER denying as moot 184 Motion to Forbid Transfer of Non-Exempt Property; denying as moot 188 Motion to Enforce Judgment; denying as moot 189 Motion to Enforce Judgment; denying as moot 190 Motion to Enforce Judgment. Signed by District Judge Frank D. Whitney on 9/21/21. (Pro se litigant served by US Mail.)(clc)
August 17, 2021 Opinion or Order Filing 183 ORDER denying 180 Motion for Hearing; granting in part and denying in part 180 Motion in the Cause. The Court hereby ORDERS the return of$1,749.91 to non-party Movant Mrs. Winn, as such funds not subject to the jud gment. The Court further ORDERS that future funds contributed to joint accounts by Mrs. Winn are not subject to seizure to satisfy Defendant Winns judgment creditors. Signed by District Judge Frank D. Whitney on 8/16/21. (Pro se litigant served by US Mail.)(clc)
April 15, 2021 Opinion or Order Filing 177 CONSENT ORDER Designating Exempt Property regarding Winns Notice to Claim Exempt Property (Doc. 151). Signed by District Judge Frank D. Whitney on 4/15/21. (Pro se litigant served by US Mail.)(clc)
March 25, 2021 Opinion or Order Filing 172 ORDER: The parties are DIRECTED to comply with the resolutions and deadlines that were agreed to by counsel during the telephonic hearing. Plaintiffs' counsel to promptly file brief and supporting exhibits. Counsel for b oth parties to submit agreed Consent Order within 10 days. Plaintiffs' counsel is to promptly withdraw the subpoenas. Following withdrawal of subpoenas, counsel to promptly withdraw the motions to quash and motion for a protective order. Defenda nt Winn, by counsel, is to file a complete and itemized listing of assets that are not subject to exemption within 30 days. Given the results of the telephonic hearing and agreed resolutions, Order (Doc. 162), has been rendered unnecessary. Signed by Erica H. Petri, Hearing Officer Designee on 3/25/2021. (tmg)
March 19, 2021 Opinion or Order Filing 164 ORDER that a telephonic hearing on Defendant Winn's claimed statutory exemptions is SCHEDULED for 1:00 p.m. on Thursday, March 25, 2021. Plaintiffs' Counsel, John M. Olson, and Defendant Winns Counsel, Lacey Moore Duskin, will be provided a call-in number to connect to the telephonic hearing at the scheduled date and time. Signed by Hearing Officer Designee, Erica Petri on 3/19/2021. (tmg)
November 10, 2020 Opinion or Order Filing 162 ORDER designating a hearing officer for the hearing on Defendant Winns exemptions to be conducted pursuant to N.C. Gen. Stat. § 1C- 1603(e)(7). Attorney Erica H. Petri, Attorney Advisor with the United States District Court for the Western District of North Carolina is hereby appointed by this Court to conduct the exemption hearing in this matter. Signed by District Judge Frank D. Whitney on 11/10/20. (Pro se litigant served by US Mail.)(clc)
November 6, 2020 Opinion or Order Filing 158 ORDER Designating Exempt Property as to Steven Matthew Good re 150 Exemptions Designated. Signed by Clerk, Frank G. Johns on 11/6/2020 (Pro se litigant served by US Mail.) (tmg)
September 4, 2020 Opinion or Order Filing 153 ORDER denying without prejudice - WRIT of Execution re: 146 Motion. Signed by District Judge Frank D. Whitney on 9/4/20. (Pro se litigant served by US Mail.)(clc)
June 5, 2019 Opinion or Order Filing 117 ORDER clarifying the Court's oral orders on post-trial filings and supplemental briefing following the bench trial held on 6/4/2019. Signed by Chief Judge Frank D. Whitney on 6/4/2019. (Pro se litigant served by US Mail.)(brl)
June 4, 2019 Opinion or Order Filing 116 CONSENT JUDGMENT in favor of Denise Kinsinger, Eric Kinsinger against Smartcore Electric, LLC, Smartcore Electrical Services, LLC, Smartcore, LLC, Smartcore, LLC Group Health Benefit Plan, Steven Matthew Good, William H Winn, Jr. Signed by Chief Judge Frank D. Whitney on 6/4/19. (Pro se litigant served by US Mail.)(clc)
May 31, 2019 Opinion or Order Filing 115 ORDER granting in part and denying in part 114 Motion for Sanctions. Signed by Chief Judge Frank D. Whitney on 5/31/19. (Pro se litigant served by US Mail.)(clc)
May 28, 2019 Opinion or Order Filing 112 ORDER, ( Bench Trial set for 6/4/2019 09:00 AM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.). Signed by Chief Judge Frank D. Whitney on 5/28/19. (Pro se litigant served by US Mail.)(clc)
March 4, 2019 Opinion or Order Filing 89 ORDER granting 83 Motion to Set Aside Entry of Default against Defendant Crook. Signed by Chief Judge Frank D. Whitney on 3/4/19. (clc)
February 12, 2019 Opinion or Order Filing 86 ORDER granting in part and denying in part 70 Motion for Summary Judgment ; denying 72 Motion for Summary Judgment. This case will proceed to a bench trial, scheduled for April 3, 2019 at 9:00 a.m. in Courtroom 1-1 of the Charles R. Jonas Federal Building, 401 W. Trade Street, Charlotte. Signed by Chief Judge Frank D. Whitney on 2/11/19. (clc)
June 25, 2018 Opinion or Order Filing 59 ORDER Denying Without Prejudice 40 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Frank D. Whitney on 6/25/2018. (jaw)
March 19, 2018 Opinion or Order Filing 32 ORDER granting 29 Motion to Amend/Correct; denying as moot 8 Motion to Dismiss for Failure to State a Claim; denying as moot 10 Motion to Dismiss for Failure to State a Claim. Signed by Magistrate Judge David Keesler on 3/19/18. (mga)
February 20, 2018 Opinion or Order Filing 20 ORDER granting 16 Motion for Leave to Appear Pro Hac Vice. Mr. Raymond Walker is hereby admitted pro hac vice to represent Defendants, Star Marketing and Administration, Inc., Trustmark Life Insurance Company, and Trustmark Insurance Complaint. Signed by Magistrate Judge David Keesler on 2/20/18. (mga)
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Plaintiff: Eric Kinsinger
Represented By: Rachel Christine Matesic
Represented By: Bryan Lee Tyson
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Plaintiff: Denise Kinsinger
Represented By: Rachel Christine Matesic
Represented By: Bryan Lee Tyson
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Defendant: Smartcore, LLC
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Defendant: Smartcore Electrical, LLC
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Defendant: Smartcore Electrical Services, LLC
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Defendant: Smartcore, LLC Group Health Benefit Plan
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Defendant: Jared Crook
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Defendant: Steven Matthew Good
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Defendant: William Winn
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