McClain et al v. Morning Star, LLC
Plaintiff: Montrell Davis and Iafreedre McClain
Defendant: Morning Star, LLC
Case Number: 3:2018cv00419
Filed: July 30, 2018
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Mecklenburg
Presiding Judge: David Keesler
Referring Judge: Frank D Whitney
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 12, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2018 Filing 20 Surreply as to #8 MOTION to Remand by Morning Star, LLC. (Attachments: #1 Exhibit 1 Complaint in second class action)(Panayotopoulos, Nicholas)
September 7, 2018 Opinion or Order Filing 19 ORDER granting #18 Defendant's Unopposed Motion for Leave to File Sur-Reply In Support Of Its Response In Opposition To Plaintiffs Motion to Remand. Defendant shall file its sur-reply on or before September 10, 2018. Signed by Magistrate Judge David Keesler on 9/7/18. (mga)
September 7, 2018 Set/Reset Deadlines as to #8 MOTION to Remand . Sur-Reply due by 9/10/2018 plus an additional 3 days if served by mail (mga)
September 6, 2018 Filing 18 Unopposed MOTION for Leave to File Sur-Reply in Support of Its Response in Opposition to Plaintiffs' Motion to Remand by Morning Star, LLC. Responses due by 9/20/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit List, #2 Exhibit 1 Complaint in second class action, #3 Exhibit 2 proposed Sur-Reply)(Panayotopoulos, Nicholas). Motions referred to David Keesler.
August 29, 2018 Filing 17 Corporate Disclosure Statement by Morning Star, LLC (Panayotopoulos, Nicholas)
August 27, 2018 Filing 16 MOTION to Dismiss the Class Allegations or to Deny Class Certification by Morning Star, LLC. Responses due by 9/10/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum)(Panayotopoulos, Nicholas)
August 27, 2018 Filing 15 ANSWER to Complaint contained in #1 Notice of Removal, by Morning Star, LLC.(Panayotopoulos, Nicholas)
August 27, 2018 Filing 14 REPLY to Response to Motion re #8 MOTION to Remand by Montrell Davis. (Attachments: #1 Exhibit, #2 Exhibit)(Marler, William)
August 20, 2018 Filing 13 RESPONSE in Opposition re #8 MOTION to Remand by Morning Star, LLC. Replies due by 8/27/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit 1 Cagler Complaint, #2 Exhibit 2 Judicial Notice, #3 Exhibit A 2018 incorporation, #4 Exhibit B Echard Complaint, #5 Exhibit C Norman Complaint, #6 Exhibit D Favero Complaint, #7 Exhibit E Soza Complaint, #8 Exhibit F Gunn Complaint, #9 Exhibit G Commerford Complaint, #10 Exhibit H Complaint for Personal Injuries, #11 Exhibit I Verdict and Settlement Summary, #12 Exhibit J Arbitration Award, #13 Exhibit K In re CHI-CHIS INC et al Debtors, #14 Exhibit L CPI Inflation Calculator, #15 Exhibit 3 Letter dated 8-1-2018, #16 Exhibit 4 Seattle Law Firm Obtains $1.06 Million Settlement)(Scott, Shawn)
August 8, 2018 Opinion or Order Filing 12 ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. Ms. Jennifer A. Adler is hereby admitted pro hac vice to represent Defendant Morning Star, LLC a/k/a Morning Star NC, LLC, d/b/a Hardees. Signed by Magistrate Judge David Keesler on 8/7/18. (mga)
August 8, 2018 Opinion or Order Filing 11 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Mr. Alan M. Maxwell is hereby admitted pro hac vice to represent Defendant Morning Star, LLC a/k/a Morning Star NC, LLC, d/b/a Hardees. Signed by Magistrate Judge David Keesler on 8/7/18. (mga)
August 8, 2018 Notice to Alan M. Maxwell: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/15/2018. (mga)
August 8, 2018 Notice to Jennifer A.Alder: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/15/2018. (mga)
August 7, 2018 Filing 10 MOTION for Leave to Appear Pro Hac Vice as to Jennifer A. Adler Filing fee $ 281, receipt number 0419-3770352. by Morning Star, LLC. (Scott, Shawn). Motions referred to David Keesler.
August 7, 2018 Filing 9 MOTION for Leave to Appear Pro Hac Vice as to Alan M. Maxwell Filing fee $ 281, receipt number 0419-3770309. by Morning Star, LLC. (Scott, Shawn). Motions referred to David Keesler.
August 6, 2018 Filing 8 MOTION to Remand by Montrell Davis, Iafreedre McClain. Responses due by 8/20/2018 plus an additional 3 days if served by mail (Attachments: #1 Memorandum, #2 Exhibit 1)(Dressler, Brett)
August 2, 2018 Opinion or Order Filing 7 ORDER granting #6 Motion for Extension of Time to Answer re Complaint. Defendant Morning Star, LLC shall have up to and including August 27, 2018 to answer or otherwise respond to Plaintiff's Complaint. Signed by Magistrate Judge David Keesler on 8/2/18. (mga)
August 2, 2018 Filing 6 Consent MOTION for Extension of Time to Answer Plaintiffs' Class Action Complaint by Morning Star, LLC. (Scott, Shawn). Motions referred to David Keesler.
August 1, 2018 Opinion or Order Filing 5 ORDER granting #4 Motion for Leave to Appear Pro Hac Vice. Mr. William D. Marler is hereby admitted pro hac vice to represent Plaintiff Iafreedre McClain, Montrell Davis, and others similarly situated. Signed by Magistrate Judge David Keesler on 8/1/18. (mga)
August 1, 2018 Notice to William D. Marler: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/8/2018. (mga) NEF regenerated on 8/1/2018 (mga).
July 31, 2018 Filing 4 MOTION for Leave to Appear Pro Hac Vice as to William Marler Filing fee $ 281, receipt number 0419-3763391. by Montrell Davis, Iafreedre McClain. (Dressler, Brett). Motions referred to David Keesler.
July 31, 2018 Opinion or Order Filing 3 ORDER granting #2 Motion for Leave to Appear Pro Hac Vice added Nicholas P. Panayotopoulos for Morning Star, LLC. Signed by Magistrate Judge David Keesler on 7/30/18. (tob)
July 31, 2018 Notice to Nicholas P. Panayotopoulos: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 8/7/2018. (tob)
July 30, 2018 Filing 2 MOTION for Leave to Appear Pro Hac Vice as to Nicholas P. Panayotopoulos Filing fee $ 281, receipt number 0419-3761488. by Morning Star, LLC a/k/a Morning Star NC, LLC, d/b/a Hardee's. (Attachments: #1 Certificate of Good Standing)(Scott, Shawn)
July 30, 2018 Filing 1 NOTICE OF REMOVAL with Jury Demand from General Court of Justice, Superior Court Division, Mecklenburg County, case number 18-CVS-12752. (Filing fee $ 400 receipt number 0419-3761418), filed by Morning Star, LLC a/k/a Morning Star NC, LLC, d/b/a Hardee's. (Attachments: #1 Exhibit A, Complaint, #2 Exhibit B, Company Organization Form, #3 Exhibit C, Declaration of Brian Bergeron, #4 Exhibit D, Notice of Filing Notice of Removal)(Scott, Shawn)
July 30, 2018 Clerk's Entry and Service of #Initial Scheduling Order and #Certificate of Initial Attorney FRCP 26(f) Conference Form pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (brl)
July 30, 2018 Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. Motions referred to David Keesler: #2 MOTION for Leave to Appear Pro Hac Vice as to Nicholas P. Panayotopoulos Filing fee $ 281, receipt number 0419-3761488. This is your only notice - you will not receive a separate document.(brl)

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Plaintiff: Montrell Davis
Represented By: Brett E. Dressler
Represented By: Michelle Massingale Dressler
Represented By: William Dale Marler
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Plaintiff: Iafreedre McClain
Represented By: Brett E. Dressler
Represented By: Michelle Massingale Dressler
Represented By: William Dale Marler
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Defendant: Morning Star, LLC
Represented By: Shawn D. Scott
Represented By: Nicholas P. Panayotopoulos
Represented By: Alan M. Maxwell
Represented By: Jennifer Anne Adler
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