Nike USA, Inc. v. WDP Soccer et al
| Nike USA, Inc. |
| WDP Soccer, William Frederick Pennington and Walter Donald Pennington, Sr. |
| 3:2018cv00374 |
| July 10, 2018 |
| US District Court for the Western District of North Carolina |
| Charlotte Office |
| XX, Outside District |
| David S Cayer |
| Robert J Conrad |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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| Filing 43 Case transferred in from District of North Carolina Eastern; Case Number 5:17-cv-00515. Original electronic file and docket sheet received. |
Filing 42
ORDER granting #28 Motion to Change Venue. The motion to transfer is GRANTED. The clerk is directed to transfer this matter to the Western District of North Carolina. Signed by Senior Judge Malcolm J. Howard on 7/10/2018. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.]
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| Notice to Clay S. Hester, Dale W. Brown: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. Deadline by 7/17/2018. (rth) |
| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David S. Cayer. 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) |
| ****Reset Hearing: The non-final pretrial conference reset for 8/23/2018 at 2:30 PM in Greenville Annex Courtroom before Magistrate Judge Kimberly A. Swank. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
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Filing 41
TEXT ORDER - Due to a schedule conflict, the court hereby continues the 7/10/2018 non-final pretrial conference to 8/23/2018 at 2:30 p.m. The parties' Joint Motion to Continue #39 is dismissed as moot. Signed by Magistrate Judge Kimberly A. Swank on 7/5/2018. [Transferred from North Carolina Eastern on 7/10/2018.]
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| Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #39 Joint MOTION to Continue Non-Final Pretrial Conference and #40 Joint non-final Rule 16 pretrial conference report. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #39 Joint MOTION to Continue Non-Final Pretrial Conference. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 40 STATUS REPORT Non-Final Rule 16 Pretrial Conference Report by Nike USA, Inc. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 39 Joint MOTION to Continue Non-Final Pretrial Conference filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 38 Joint MOTION to Continue Case Management Deadlines filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Motion Referred to US Magistrate Judge Kimberly A. Swank regarding #38 Joint MOTION to Continue Case Management Deadlines. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
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Filing 37
TEXT ORDER - For good cause shown, the court GRANTS #36 the parties' joint motion to continue the non-final Rule 16 pretrial conference scheduled for 4/18/18 and to extend the mediation deadline. The court CONTINUES the non-final Rule 16 pretrial conference to July 10, 2018, at 11:30 a.m. On or before July 3, 2018, the parties shall confer and submit to the court a joint report in accordance with Section G of the Case Management Order entered in this action. Mediation shall be conducted by August 31, 2018. Signed by Magistrate Judge Kimberly A. Swank on 4/16/2018. [Transferred from North Carolina Eastern on 7/10/2018.]
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| ****Reset Hearing: Non-Final Rule 16 Pretrial Conference reset for 7/10/2018 at 11:30 AM in Greenville Annex Courtroom before Magistrate Judge Kimberly A. Swank. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 36 Joint MOTION to Continue Joint Motion to Continue Non-Final Pretrial Conference and Extend Mediation Deadline filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Remark - A copy of #35 Joint Non-Final Rule 16 Pretrial Conference Report referred to Magistrate Judge Kimberly A. Swank. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 35 Notice filed by Walter Donald Pennington, Sr(a/k/a W.D. Pennington, Sr.), William Frederick Pennington(a/k/a W. Fred Pennington), WDP Soccer(d/b/a Premier Soccer) NON-FINAL RULE 16 PRETRIAL CONFERENCE REPORT. (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Motion Submitted to Senior Judge Malcolm J. Howard: regarding #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Nike's Motion to Dismiss Defendants' Counterclaim, #28 MOTION to Change Venue , #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Nike USA, Inc.'s Motion to Dismiss Defendants' Amended Counterclaim. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 34 REPLY to Response to Motion regarding #28 MOTION to Change Venue filed by Walter Donald Pennington, Sr(a/k/a W.D. Pennington, Sr.), William Frederick Pennington(a/k/a W. Fred Pennington), WDP Soccer(d/b/a Premier Soccer). (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 33 RESPONSE in Opposition regarding #28 MOTION to Change Venue filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 32 Selection of Jacqueline R. Clare as mediator filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 31 REPLY to Response to Motion regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Nike USA, Inc.'s Motion to Dismiss Defendants' Amended Counterclaim filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 30 Proposed Order regarding #28 MOTION to Change Venue filed by Walter Donald Pennington, Sr(a/k/a W.D. Pennington, Sr.), William Frederick Pennington(a/k/a W. Fred Pennington), WDP Soccer(d/b/a Premier Soccer). (Freeman, Mason)[Transferred from North Carolina Eastern on 7/10/2018.] |
| NOTICE OF DEFICIENCY regarding: #28 Motion to Change Venue. At the direction of the court, counsel shall file a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. Additionally, the judge's practice preferences MAY require counsel to email the proposed order in a word processing format. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 29 Memorandum in Support regarding #28 MOTION to Change Venue filed by Walter Donald Pennington, Sr(a/k/a W.D. Pennington, Sr.), William Frederick Pennington(a/k/a W. Fred Pennington), WDP Soccer(d/b/a Premier Soccer). (Attachments: #1 Exhibit Exhibit A - Affidavit of Walter D. Pennington, #2 Supplement Unpublished Opinion - NOA, LLC v. Atl. Clothing, LLC, #3 Supplement Unpublished Opinion - Dacar v. Saybolt, #4 Supplement Unpublished Opinion - Memsys, Inc. v. Act Tech. Seed Fund, LLC, #5 Supplement Unpublished Opinion - WPB Partners, LLC v. Old Republic Nat. Title Ins. Co.) (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 28 MOTION to Change Venue filed by Walter Donald Pennington, Sr(a/k/a W.D. Pennington, Sr.), William Frederick Pennington(a/k/a W. Fred Pennington), WDP Soccer(d/b/a Premier Soccer). (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
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Filing 27
CASE MANAGEMENT ORDER: Non-Final Rule 16 Pretrial Conference set for 4/18/2018 at 11:00 AM in Greenville Annex Courtroom before Magistrate Judge Kimberly A. Swank. Mediation Deadline shall be conducted by 5/31/2018. Discovery shall be concluded by 8/31/2018. Dispositive Motions due by 10/1/2018. Final Pretrial Conference set for 12/12/2018 at 11:00 AM in Greenville Annex Courtroom before Magistrate Judge Kimberly A. Swank. Signed by Magistrate Judge Kimberly A. Swank on 12/20/2017. (Rudd, D.)[Transferred from North Carolina Eastern on 7/10/2018.]
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| Filing 26 RESPONSE in Opposition regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Nike USA, Inc.'s Motion to Dismiss Defendants' Amended Counterclaim filed by Walter Donald Pennington, Sr(a/k/a W.D. Pennington, Sr.), William Frederick Pennington(a/k/a W. Fred Pennington), WDP Soccer(d/b/a Premier Soccer). (Attachments: #1 Exhibit A- Case Law) (Freeman, Mason) Modified on 12/18/2017 to include exhibit description. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Notice to Counsel regarding: #26 Response in Opposition to Motion - Counsel did not identify the exhibit pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual. (i.e. "Exhibit A" is not a sufficient description). No action needed at this time. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Remark - #25 Joint Rule 26(f) Report referred to Magistrate Judge Kimberly A. Swank. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 25 Rule 26(f) Report (joint) filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 24 Memorandum in Support regarding #23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Nike USA, Inc.'s Motion to Dismiss Defendants' Amended Counterclaim filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 23 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Nike USA, Inc.'s Motion to Dismiss Defendants' Amended Counterclaim filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 22 Defendants' Amended ANSWER to Complaint with Jury Demand , Amended COUNTERCLAIM against All Plaintiffs by Walter Donald Pennington, Sr, WDP Soccer, William Frederick Pennington. (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 21 Memorandum in Support regarding #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Nike's Motion to Dismiss Defendants' Counterclaim filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Nike's Motion to Dismiss Defendants' Counterclaim filed by Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 19 Notice of Appearance for non-district by Dale W. Brown on behalf of Nike USA, Inc.. (Brown, Dale) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 18 Notice filed by Walter Donald Pennington, Sr, William Frederick Pennington, WDP Soccer Notice of Firm Name Change. (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
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Filing 17
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Peter A. Moore, Jr., Clerk of Court on 10/31/2017. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.]
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Filing 16
ORDER granting #15 Nathan D. Robinson and The Sigmon Law Firm, P.A.'s Motion to Withdraw as Attorney. Signed by Senior Judge Malcolm J. Howard on 10/30/2017. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.]
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| Remark - A copy of #16 Order on Motion to Withdraw mailed via US Mail to Nathan D Robinson of The Sigmon Law Firm, P.A. at Post Office Box 17249, Raleigh, NC 27619. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Motion Submitted to Senior Judge Malcolm J. Howard: regarding #15 MOTION to Withdraw as Attorney. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 15 MOTION to Withdraw as Attorney by Nathan D. Robinson. (Attachments: #1 Text of Proposed Order) (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 14 Notice filed by Nike USA, Inc. Notice of Withdrawal and Substitution of Counsel. (Oyler, R.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 13 Notice of Appearance filed by Clay S. Hester on behalf of Nike USA, Inc.. (Hester, Clay) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 12 Financial Disclosure Statement by Nike USA, Inc. identifying Corporate Parent Nike USA, Inc. for Nike USA, Inc.. (Oyler, R.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 11 Notice of Appearance filed by R. Austin Oyler on behalf of Nike USA, Inc.. (Oyler, R.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 10 Defendants ANSWER to Complaint of Nike USA, Inc., COUNTERCLAIM against Nike USA, Inc. by WDP Soccer, William Frederick Pennington, Walter Donald Pennington, Sr. (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 9 Financial Disclosure Statement by Walter Donald Pennington, Sr (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 8 Financial Disclosure Statement by William Frederick Pennington (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 7 Notice filed by Walter Donald Pennington, Sr, William Frederick Pennington, WDP Soccer Supplemental Removal Cover Sheet. (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 6 Notice filed by Walter Donald Pennington, Sr, William Frederick Pennington, WDP Soccer of Civil Cover Sheet. (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 5 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's counsel mailed via US Mail to Nathan D Robinson of The Sigmon Law Firm, P.A. at Post Office Box 17249, Raleigh, NC 27619. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Walter Donald Pennington, Sr. and William Frederick Pennington. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| NOTICE OF DEFICIENCY regarding: #1 Notice of Removal - Counsel failed to file a JS44 Civil Cover Sheet as required by the Court and also failed to attach a Supplemental Removal Cover Sheet. Counsel should file a JS44 Civil Cover Sheet Using the Event "Notice-Other" as soon as possible. Also, the Supplemental Removal Cover Sheet can be found on the court's website and can be filed also using the event "Notice-Other" along with any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Notice regarding #1 Notice of Removal - When filing documents, the caption should contain all parties in the action - No action needed at this time. Case Manager has added all parties. (Rudd, D.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| 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. (Horton, B.) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 4 Notice of Appearance filed by Frederick W. Rom on behalf of WDP Soccer. (Rom, Frederick) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 3 Financial Disclosure Statement by WDP Soccer (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 2 Notice of Appearance filed by Mason E. Freeman on behalf of WDP Soccer. (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
| Filing 1 NOTICE OF REMOVAL by WDP Soccer from Wake County Superior Court, case number 17CV10906. ( Filing fee $ 400 receipt number 0417-4257633), filed by WDP Soccer. (Attachments: #1 Exhibit State Court Filings) (Freeman, Mason) [Transferred from North Carolina Eastern on 7/10/2018.] |
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