Johns et al v. Allura USA LLC et al
| Donna Johns and Pamela Jean Frick |
| Elementia, S.A. de C.V., Allura USA LLC, Plycem USA, Inc., Plycem USA LLC d/b/a Allura, Elementia USA, Inc. and Plycem USA LLC |
| 3:2018cv00669 |
| December 17, 2018 |
| US District Court for the Western District of North Carolina |
| David Keesler |
| Frank D Whitney |
| Contract Product Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Filing 35 MOTION to Stay Pending Ruling on Plaintiff Shara Guinn's Motion to Transfer Actions to the Southern District of Ohio by Pamela Jean Frick, Donna Johns. Responses due by 2/27/2019 plus an additional 3 days if served by mail (Attachments: #1 Exhibit Plaintiff Shara Guinn's Motion to Transfer Actions to the Southern District of Ohio, #2 Exhibit Unreported Cases)(Harris, Scott). Motions referred to David Keesler. |
Filing 34
Pretrial Order and Case Management Plan : Estimated Trial Time: 14 days. Discovery due by 11/6/2019. Motions due by 12/4/2019. Mediation deadline set for 11/20/2019. Jury Trial set for 3/2/2020 09:01 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 2/12/19. (clc)
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Filing 33
ORDER granting #26 Motion for Leave to Appear Pro Hac Vice. Brian H. Callaway is hereby admitted pro hac vice to represent Defendants. Signed by Magistrate Judge David Keesler on 2/4/19. (mga)
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Filing 32
ORDER granting #25 Motion for Leave to Appear Pro Hac Vice. Leah Greenberg Katz is hereby admitted pro hac vice to represent Defendants. Signed by Magistrate Judge David Keesler on 2/4/19. (mga)
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Filing 31
ORDER granting #24 Motion for Leave to Appear Pro Hac Vice. Anthony Vale is hereby admitted pro hac vice to represent Defendants. Signed by Magistrate Judge David Keesler on 2/4/19. (mga)
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Filing 30
ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. Robert L. Hickok is hereby admitted pro hac vice to represent Defendants. Signed by Magistrate Judge David Keesler on 2/4/19. (mga)
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| Filing 29 Transfer Motion filed before the Judicial Panel MDL, Plaintiff Shara Guinn's Motion to transfer for coordinated or consolidated pretrial proceedings to the Southern District of Ohio filed by Attorney William F. Cash, III. (Attachments: #1 Exhibit, #2 Cover Letter)(tob) |
| Notice to Robert L. Hickok: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/11/2019. (mga) |
| Notice to Brian H. Callaway: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/11/2019. (mga) |
| Notice to Leah Greenberg Katz: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/11/2019. (mga) |
| Notice to Anthony Vale: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/11/2019. (mga) |
| Filing 28 CERTIFICATION of initial attorney conference and discovery plan (Brathwaite, Ashley) |
| Filing 27 AMENDED COMPLAINT with Jury Demand against All Plaintiffs, filed by Donna Johns, Pamela Jean Frick.(Harris, Scott) |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice as to Brian H. Callaway Filing fee $ 281, receipt number 0419-3927722. by Allura USA LLC, Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC, Plycem USA, Inc.. (Attachments: #1 Proposed Order)(Brathwaite, Ashley). Motions referred to David Keesler. |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice as to Leah Greenberg Katz Filing fee $ 281, receipt number 0419-3927716. by Allura USA LLC, Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC, Plycem USA, Inc.. (Attachments: #1 Proposed Order)(Brathwaite, Ashley). Motions referred to David Keesler. |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice as to Anthony Vale Filing fee $ 281, receipt number 0419-3927713. by Allura USA LLC, Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC, Plycem USA, Inc.. (Attachments: #1 Proposed Order)(Brathwaite, Ashley). Motions referred to David Keesler. |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice as to Robert L. Hickok Filing fee $ 281, receipt number 0419-3927697. by Allura USA LLC, Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC, Plycem USA, Inc.. (Attachments: #1 Proposed Order)(Brathwaite, Ashley). Motions referred to David Keesler. |
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Filing 22
ORDER granting #21 Motion for Extension of Time to File Response/Reply re #10 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2), #13 MOTION to Dismiss in Favor of Arbitration, #17 MOTION to Dismiss for Failure to State a Claim . Plaintiffs Response due by 2/25/2019 plus an additional 3 days if served by mail. Defendants Reply due by 3/15/2019 plus an additional 3 days if served by mail. Signed by Magistrate Judge David Keesler on 1/23/19. (tob)
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| Filing 21 MOTION for Extension of Time to File Response/Reply to Defendants' Motions To Dismiss by Pamela Jean Frick, Donna Johns. Responses due by 2/5/2019 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(Harris, Scott). Motions referred to David Keesler. |
| Filing 20 ANSWER to Complaint contained in #1 Notice of Removal, by Elementia USA, Inc., Plycem USA LLC.(Brathwaite, Ashley) Modified on 1/15/2019 to remove filer (tmg). |
| Filing 19 MEMORANDUM in Support re #17 MOTION to Dismiss for Failure to State a Claim by Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC. (Brathwaite, Ashley) |
| Filing 18 DECLARATION of Shawn Herrington re #17 MOTION to Dismiss for Failure to State a Claim filed by Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC (Brathwaite, Ashley) |
| Filing 17 MOTION to Dismiss for Failure to State a Claim by Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC. Responses due by 1/28/2019 plus an additional 3 days if served by mail (Brathwaite, Ashley) |
| Filing 16 MEMORANDUM in Support re #13 MOTION to Dismiss in Favor of Arbitration by Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC. (Brathwaite, Ashley) |
| Filing 15 DECLARATION of Ashley Brathwaite re #13 MOTION to Dismiss in Favor of Arbitration filed by Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC (Brathwaite, Ashley) |
| Filing 14 DECLARATION of Shawn Herrington re #13 MOTION to Dismiss in Favor of Arbitration filed by Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC (Brathwaite, Ashley) |
| Filing 13 MOTION to Dismiss in Favor of Arbitration by Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC. Responses due by 1/28/2019 plus an additional 3 days if served by mail (Brathwaite, Ashley) |
| Filing 12 MEMORANDUM in Support re #10 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) by Elementia, S.A. de C.V.. (Brathwaite, Ashley) |
| Filing 11 DECLARATION re #10 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) of Juan Francisco Sanchez Kramer filed by Elementia, S.A. de C.V. (Brathwaite, Ashley) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12(b)(2) by Elementia, S.A. de C.V.. Responses due by 1/28/2019 plus an additional 3 days if served by mail (Brathwaite, Ashley) |
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Filing 9
ORDER granting with modification #7 Motion for Extension of Time to Answer re #1 Notice of Removal. Defendants shall have up to and including January 14, 2019 to answer or otherwise respond to Plaintiffs Complaint. Signed by Magistrate Judge David Keesler on 12/18/18. (mga)
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| Filing 8 NOTICE of Filing of Notice of Removal by Allura USA LLC, Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC, Plycem USA, Inc. re #1 Notice of Removal, (Attachments: #1 Exhibit A. State Notice of Filing)(Brathwaite, Ashley) |
| Filing 7 MOTION for Extension of Time to Answer re: #1 Notice of Removal, by Allura USA LLC, Elementia USA, Inc., Elementia, S.A. de C.V., Plycem USA LLC, Plycem USA, Inc.. (Attachments: #1 Proposed Order)(Brathwaite, Ashley). Motions referred to David Keesler. |
| 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) |
| 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. This is your only notice - you will not receive a separate document.(brl) |
| Filing 6 NOTICE of Appearance by Joseph D. Hammond on behalf of All Defendants (Hammond, Joseph) |
| Filing 5 Corporate Disclosure Statement by Elementia, S.A. de C.V. (Brathwaite, Ashley) |
| Filing 4 Corporate Disclosure Statement by Elementia USA, Inc. (Brathwaite, Ashley) |
| Filing 3 Corporate Disclosure Statement by Plycem USA LLC d/b/a Allura (Brathwaite, Ashley) |
| Filing 2 NOTICE of Appearance by Ashley Kamphaus Brathwaite on behalf of All Defendants (Brathwaite, Ashley) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Union County Superior Court, case number 18 CVS 02955. (Filing fee $ 400 receipt number 0419-3889245), filed by Elementia USA, Inc., Plycem USA LLC d/b/a Allura, Allura USA LLC, Elementia, S.A. de C.V., Plycem USA, Inc.. (Attachments: #1 Exhibit A. State Court Pleadings, #2 Exhibit B. Allura Limited Warranty)(Brathwaite, Ashley) |
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