US Foods, Inc. v. White Oak Manor - Charlotte, Inc. et al
US Foods, Inc. |
White Oak Manor - Charlotte, Inc. and White Oak Management, Inc. |
3:2019cv00227 |
May 10, 2019 |
US District Court for the Western District of North Carolina |
Robert J Conrad |
David Keesler |
Contract: Other |
Defendant |
Docket Report
This docket was last retrieved on June 24, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 68 STIPULATION of Dismissal by US Foods, Inc. (All Claims Dismissed. Case to be Closed). (Hirsch, Alexandra) |
Filing 67 ORDER that the parties shall file a Stipulation of Dismissal in this case, or in the alternative request an extension of time to file such dismissal, on or before June 24, 2022. This matter is STAYED until the parties file their Stipulation of Dismissal. IT IS FURTHER ORDERED "Plaintiff's Motion to Correct, or in the Alternative, to Amend Judgment " (Document No. #61 ) is DENIED AS MOOT. If the parties fail to finalize their settlement agreement, Plaintiff may re-file its motion. Signed by Magistrate Judge David Keesler on 5/3/22. (mga) |
Filing 66 STATUS REPORT by White Oak Management, Inc., White Oak Manor - Charlotte, Inc. (D'Ambrosio, Kristy) |
Filing 65 ORDER granting #64 Motion for Extension of Time to File Response/Reply re: #61 MOTION to Amend/Correct, Or In The Alternative, To Amend The Judgment". Responses due by 4/29/2022. Signed by Magistrate Judge David Keesler on 4/12/22. (mga) |
Filing 64 Consent MOTION for Extension of Time to File Response/Reply re: #61 MOTION to Amend/Correct by White Oak Management, Inc., White Oak Manor - Charlotte, Inc.. Responses due by 4/26/2022 (Attachments: #1 Proposed Order) (Levy, David). Motions referred to David Keesler. |
TEXT-ONLY ORDER granting #63 Motion for Extension of Time for Plaintiff to File Motion for Attorneys' Fees. The Court continues the deadline for Plaintiff to file a motion for attorneys fees to fourteen (14) days after the Court has ruled on Plaintiffs Motion to Correct, or in the Alternative, to Amend the Judgment (DE 61). Entered by District Judge Robert J. Conrad, Jr on 4/4/2022. (brl) |
Filing 63 MOTION for Extension of Time for Plaintiff to File Motion for Attorneys' Fees by US Foods, Inc.. Responses due by 4/15/2022 (Hirsch, Alexandra). Modified to remove referral on 4/4/2022 (brl). |
Filing 62 MEMORANDUM in Support re #61 MOTION to Amend/Correct #60 Clerk's Judgment by US Foods, Inc.. (Hirsch, Alexandra) |
Filing 61 MOTION to Amend/Correct #60 Clerk's Judgment by US Foods, Inc.. Responses due by 4/15/2022 (Hirsch, Alexandra). Modified to remove referral on 4/1/2022 (mga). Modified event on 4/4/2022 (brl). |
Filing 60 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 3/23/2022. Signed by Clerk, Frank G. Johns. (brl) |
Filing 59 ORDER (Sealed - Attorney) granting Plaintiff's #57 Sealed Motion for Attorneys Fees (available to: US Foods, Inc., White Oak Management, Inc., White Oak Manor - Charlotte, Inc.). Signed by District Judge Robert J. Conrad, Jr on 3/23/2022. (brl) |
Filing 58 RESPONSE in Opposition re #57 SEALED MOTION (Sealed - Attorney) Plaintiffs Supplemental Briefing and Evidence of Reasonable Attorneys Fees in Bostic Action (filed under seal pursuant to court order, ECF No. 56, at 14) by US Foods, Inc.; (available to US Foods, Inc., White by White Oak Management, Inc., White Oak Manor - Charlotte, Inc.. (Attachments: #1 Exhibit Affidavit of William C. Robinson)(Levy, David) |
Filing 57 SEALED MOTION (Sealed - Attorney) Plaintiffs Supplemental Briefing and Evidence of Reasonable Attorneys Fees in Bostic Action (filed under seal pursuant to court order, ECF No. 56, at 14) by US Foods, Inc.; (available to US Foods, Inc., White Oak Management, Inc., White Oak Manor - Charlotte, Inc.) Responses due by 7/30/2021 (Attachments: #1 Exhibit A - Part 1 of 2 - Stimeling Declaration, #2 Exhibit A - Part 2 of 2- Stimeling Declaration, #3 Exhibit B - Ahrens Declaration, #4 Exhibit C - King Declaration, #5 Appendix Index to Exhibits)(MacHarg, Jeffrey). Modified to remove referral on 7/19/2021 (mga). |
Filing 56 ORDER granting in part Plaintiff's #33 Motion for Summary Judgment. The Motion is GRANTED as to Defendants' Counterclaims. The Motion is GRANTED as to Plaintiff's Contractual Indemnity Claim. Plaintiff shall recover $490,000 plus interest, plus reasonable attorneys' fees from the Bostic action. The Court will RESERVE RULING on the amount owed to Plaintiff in reasonable attorneys' fees from the Bostic action. Plaintiff US Foods is ORDERED to provide supplemental briefing and evidence under seal within ten (10) days of this Order to provide a basis for determination of the reasonability of the attorneys' fees sought. Defendant shall have one week to respond follow Plaintiff's filing. Signed by District Judge Robert J. Conrad, Jr on 7/2/2021. (brl) Modified signature date on 7/8/2021 (kby). |
Set/Reset Deadlines: Supplemental brief due by 7/16/2021. (brl) |
NOTICE of Cancellation of Jury Trial scheduled for 7/20/2021 pursuant to the ruling on Motion for Summary Judgment (brl) |
Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re #33 MOTION for Summary Judgment . Motion taken under advisement, order to issue. Plaintiffs attorney: John Letchinger, Alexandra Hirsch. Defendants attorney: Daivd Levy. Court reporter: Velicia Marseille (Huseby). (brl) |
NOTICE of Hearing: Jury Trial set for 7/20/2021 09:30 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl) |
Minute Entry: STATUS CONFERENCE held before District Judge Robert J. Conrad, Jr. Plaintiffs attorney: John Letchinger, Alexandra Hirsch. Defendants attorney: Daivd Levy. Court reporter: Laura Andersen. (brl) |
NOTICE of Hearing: Status Conference set for 6/16/2021 11:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl) |
Filing 55 Witness List (Sealed - Participants) by US Foods, Inc.(Hirsch, Alexandra) |
Filing 54 Exhibit List by US Foods, Inc.. (Attachments: #1 Exhibit A (Exhibit List))(Hirsch, Alexandra) |
Filing 53 Witness List (Sealed - Participants) by White Oak Management, Inc., White Oak Manor - Charlotte, Inc.(Miller, Brooks) |
Filing 52 Exhibit List by White Oak Management, Inc., White Oak Manor - Charlotte, Inc..(Miller, Brooks) |
Filing 51 DOCUMENT DELETED - REFILED AS DOCUMENTS 52 & 53 (brl). |
Filing 50 NOTICE of Appearance by Brooks Pope Miller on behalf of All Defendants (Miller, Brooks) |
Filing 49 Exhibit List and Witness List by US Foods, Inc.. (Attachments: #1 Exhibit A (Exhibit List))(Hirsch, Alexandra) |
Filing 48 RESPONSE to Motion re #47 MOTION for Hearing by US Foods, Inc.. Replies due by 6/10/2021 (Hirsch, Alexandra) |
Set/Reset Deadlines as to #47 MOTION for Hearing. Responses due by 6/15/2021 (brl) |
Filing 47 MOTION for Hearing by White Oak Management, Inc., White Oak Manor - Charlotte, Inc. Responses due by 6/15/2021 (Levy, David) Modified event & text on 6/2/2021 (brl). |
Filing 46 REPLY to Response to Motion re #33 MOTION for Summary Judgment by US Foods, Inc.. (MacHarg, Jeffrey) |
NOTICE of Hearing on Motion re: #33 MOTION for Summary Judgment : Motion Hearing set for 6/28/2021 11:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl) |
Filing 45 ORDER granting #44 Plaintiff's Consent Motion for Extension of Time to File Response/Reply re #33 MOTION for Summary Judgment . Reply brief in support of Motion for Summary due by 5/24/2021. Signed by Magistrate Judge David Keesler on 5/4/21. (mga) |
Filing 44 Consent MOTION for Extension of Time to File Response/Reply re: #33 MOTION for Summary Judgment by US Foods, Inc.. Responses due by 5/18/2021 (MacHarg, Jeffrey). Motions referred to David Keesler. |
Filing 43 MEMORANDUM in Opposition re #33 MOTION for Summary Judgment by White Oak Management, Inc., White Oak Manor - Charlotte, Inc.. Replies due by 5/10/2021 (Attachments: #1 Exhibit Affidavit of Tracy Perreault, #2 Exhibit Deposition Transcript of Reginald Lee Bostic, Sr., #3 Exhibit Filed Complaint from Bostic v. US Foods, Inc., #4 Exhibit Defs' Response to Pltf's 1st Set of Interrogatories and Request for Production, #5 Exhibit Settlement Agreement from Bostic v. US Foods, Inc.)(Levy, David) |
Filing 42 ORDER granting #41 Motion for Extension of Time to File Response/Reply re #33 MOTION for Summary Judgment . Responses due by 5/3/2021. Signed by Magistrate Judge David Keesler on 4/22/2021. (brl) |
Filing 41 Unopposed MOTION for Extension of Time to File Response/Reply re: #33 MOTION for Summary Judgment by White Oak Management, Inc., White Oak Manor - Charlotte, Inc.. Responses due by 5/5/2021 (Attachments: #1 Proposed Order) (Levy, David). Motions referred to David Keesler. Modified to remove duplicate text on 4/22/2021 (brl). |
Filing 40 REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Attachments: #1 Envelope)(tlj) |
Filing 39 ORDER granting #38 Motion for Extension of Time to File Response/Reply re #33 MOTION for Summary Judgment Responses due by 4/26/2021. Signed by Magistrate Judge David Keesler on 3/30/21. (mga) |
Filing 38 Unopposed MOTION for Extension of Time to File Response/Reply re: #33 MOTION for Summary Judgment by White Oak Management, Inc., White Oak Manor - Charlotte, Inc.. Responses due by 4/13/2021 (Attachments: #1 Proposed Order) (Levy, David). Motions referred to David Keesler. Modified to remove duplicate text on 3/31/2021 (brl). |
Filing 37 DECLARATION of Marie Kupferschmid re #33 MOTION for Summary Judgment , #34 Memorandum in Support of Motion filed by US Foods, Inc. (Attachments: #1 Exhibit 1 - Settlement Check, #2 Exhibit 2 - Checks paid to Riley Safer Holmes & Cancila, #3 Exhibit 3 - Checks paid to Nelson Mullins Riley & Scarborough, #4 Exhibit 4 - Check paid to Mediator in US Foods/Bostic Litigation, #5 Exhibit 5 - Checks paid to Bianchini Greve, LLC, #6 Exhibit 6 - Check paid to Sedgwick Claims Management Services, Inc.)(MacHarg, Jeffrey) |
Filing 36 DECLARATION of Terri Ahrens re #33 MOTION for Summary Judgment , #34 Memorandum in Support of Motion filed by US Foods, Inc. (Attachments: #1 Exhibit 1 - Indemnification Letters, #2 Exhibit 2 - Mediation Email String re US Foods/Bostic Mediation, #3 Exhibit 3 - Settlement Agreement, #4 Exhibit 4 - Riley Safer Holmes & Cancila Invoices, #5 Exhibit 5 - Nelson Mullins Riley & Scarborough Invoices, #6 Exhibit 6 - Wayne Huckel Mediation Invoice, #7 Exhibit 7 - Bianchini Greve, LLC Invoices, #8 Exhibit 8 - Sedgwick Claims Management Services, Inc. Invoice)(MacHarg, Jeffrey) |
Filing 35 DECLARATION of Jeffrey P. Macharg re #33 MOTION for Summary Judgment , #34 Memorandum in Support of Motion filed by US Foods, Inc. (Attachments: #1 Exhibit 1 - Plaintiff's First Request for Admission to Defendants, #2 Exhibit 2 - Defendants' Response to Plaintiff's First Set of Requests for Admission, #3 Exhibit 3 - Underlying Complaint - Bostic v. US Foods, Inc., #4 Exhibit 4 - Report of Mediator - Bostic v. US Foods, #5 Exhibit 5 - Stipulation of Dismissal with Prejudice - Bostic v. US Foods, Inc.)(MacHarg, Jeffrey) Modified text on 3/30/2021 (mga). |
Filing 34 MEMORANDUM in Support re #33 MOTION for Summary Judgment by US Foods, Inc.. (MacHarg, Jeffrey) |
Filing 33 MOTION for Summary Judgment by US Foods, Inc.. Responses due by 4/12/2021 (MacHarg, Jeffrey) |
Filing 32 ORDER granting #31 Joint Motion for Extend Mediation Deadline. A report on the results of mediation shall be filed on or before April 16, 2021. Signed by Magistrate Judge David Keesler on 3/11/21. (mga) |
Filing 31 Joint MOTION for Extension of Time of Scheduling Order Deadlines Extending Mediation Deadline by US Foods, Inc.. Responses due by 3/25/2021 (Attachments: #1 Proposed Order re Motion to Extend Mediation Deadline) (MacHarg, Jeffrey). Motions referred to David Keesler. |
Filing 30 DESIGNATION of Wayne Huckel as Mediator by all the parties. (MacHarg, Jeffrey) |
Filing 29 AGREED CONFIDENTIALITY PROTECTIVE ORDER. Signed by Magistrate Judge David Keesler on 9/3/20. (mga) |
Filing 28 ORDER granting #27 Joint Motion for Protective Order. Signed by Magistrate Judge David Keesler on 9/3/20. (mga) (Main Document 28 replaced on 9/9/2020) (mga). NEF regenerated on 9/9/2020 (mga). |
Filing 27 Joint MOTION for Protective Order by US Foods, Inc.. Responses due by 9/16/2020 (Attachments: #1 Proposed Order Proposed Confidentiality Protective Order) (MacHarg, Jeffrey). Motions referred to David Keesler. |
Filing 26 ORDER granting #25 Joint Motion to Modify Pretrial Order and Case Management Plan. The deadlines in this case are revised as follows:Expert Reports December 14, 2020 (party with burden);January 14, 2021 (responsive expert reports);Discovery completion February 19, 2021;Mediation Report March 8, 2021;Dispositive Motions March 29, 2021; andJury Trial July 6, 2021. Signed by Magistrate Judge David Keesler on 8/26/20. (mga) |
Set/Reset Pretrial Order Deadlines: Discovery due by 2/19/2021. Motions due by 3/29/2021. Mediation deadline set for 3/8/2021. Jury Trial set for 7/6/2021 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. (mga) |
Filing 25 Joint MOTION to Amend/Correct #21 Scheduling Order, Pretrial Order and Case Management Plan by White Oak Management, Inc.. Responses due by 9/8/2020 (Levy, David). Motions referred to David Keesler. |
Filing 24 Notice of Substitution of Counsel by David L. Levy, Kristy Marie D'Ambrosio on behalf of White Oak Manor - Charlotte, Inc., White Oak Management, Inc., Attorney Thomas Jonathan Clark and John Elliott Rogers, II terminated. (Levy, David) |
Filing 23 NOTICE of Appearance by Thomas Jonathan Clark on behalf of All Defendants (Clark, Thomas) |
Filing 22 ANSWER to #10 Answer to Complaint, Counterclaim by US Foods, Inc..(MacHarg, Jeffrey) |
Filing 21 Pretrial Order and Case Management Plan: Estimated Trial Time: Three (3) to Five (5) Days. Face Discovery due by 8/20/2020. Expert Discovery due by 10/21/2020. Motions due by 11/20/2020. Mediation deadline set for 11/4/2020. Jury Trial set for 5/3/2021 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. Signed by District Judge Robert J. Conrad, Jr on 3/16/2020. (brl) |
Filing 20 ORDER adopting Magistrate Judge's #18 Memorandum and Recommendations; denying Plaintiff's #15 Motion to Dismiss for Failure to State a Claim. Signed by District Judge Robert J. Conrad, Jr on 3/16/2020. (brl) |
Filing 19 CERTIFICATION of initial attorney conference and discovery plan (Hirsch, Alexandra) |
Filing 18 MEMORANDUM AND RECOMMENDATIONS on #15 MOTION to Dismiss for Failure to State a Claim filed by US Foods, Inc. Objections to M&R due by 3/6/2020. The parties shall file a Certificate of Initial Attorney's Conference pursuant to Local Rule 16.1, on or before March 13, 2020. Signed by Magistrate Judge David Keesler on 2/21/20. (mga) |
Set/Reset Deadlines: CIAC Report due by 3/13/2020. (mga) |
Filing 17 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim by US Foods, Inc.. (MacHarg, Jeffrey) |
Filing 16 RESPONSE to Motion re #15 MOTION to Dismiss for Failure to State a Claim by White Oak Management, Inc., White Oak Manor - Charlotte, Inc. Replies due by 8/28/2019 (Rogers, John) |
Filing 15 MOTION to Dismiss for Failure to State a Claim by US Foods, Inc. Responses due by 8/26/2019 (Attachments: #1 Memorandum In Support of Motion to Dismiss Counterclaims, #2 Exhibit 1 - Use of Equipment Agreement)(MacHarg, Jeffrey). Motions referred to David Keesler. |
Filing 14 ORDER granting #13 Plaintiff's Consent Motion for Extension of Time to Answer re #10 Defendant's Answer and Counterclaims. Plaintiff US Foods, Inc. shall have up to and including August 12, 2019 to respond to Defendants' counterclaims. Signed by Magistrate Judge David Keesler on 7/2/19. (mga) |
Filing 13 Consent MOTION for Extension of Time for Extension of Time to Answer Defendants' Counterclaims by US Foods, Inc. Responses due by 7/16/2019 (Attachments: #1 Proposed Order)(Hirsch, Alexandra). Motions referred to David Keesler. |
Filing 12 Corporate Disclosure Statement by White Oak Management, Inc. (Rogers, John) |
Filing 11 Corporate Disclosure Statement by White Oak Manor - Charlotte, Inc. (Rogers, John) |
Filing 10 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against US Foods, Inc. by White Oak Manor - Charlotte, Inc., White Oak Management, Inc..(Rogers, John) |
Filing 9 AFFIDAVIT of Service filed by US Foods, Inc.. White Oak Management, Inc. served on 5/30/2019, answer due 6/20/2019; White Oak Manor - Charlotte, Inc. served on 5/30/2019, answer due 6/20/2019. (Attachments: #1 Exhibit A Confirmation White Oak Management, Inc., #2 Exhibit B Confirmation White Oak Manor - Charlotte, Inc.)(MacHarg, Jeffrey) Modified attachment description on 6/4/2019 (rth). |
Filing 8 ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. Mr. Matthew J. Caccamo is hereby admitted pro hac vice to represent Plaintiff US Foods, Inc.Signed by Magistrate Judge David Keesler on 5/30/19. (mga) |
Filing 7 ORDER granting #5 Motion for Leave to Appear Pro Hac Vice. Mr. John S. Letchinger is hereby admitted pro hac vice to represent Plaintiff US Foods, Inc. Signed by Magistrate Judge David Keesler on 5/30/19. (mga) |
Notice to Matthew J. Caccamo: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 6/6/2019. (mga) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice as to Matthew J. Caccamo . Filing fee $ 281, receipt number 0419-4042253. by US Foods, Inc.. (Hirsch, Alexandra). Motions referred to David Keesler. |
Filing 5 MOTION for Leave to Appear Pro Hac Vice as to John S. Letchinger Filing fee $ 281, receipt number 0419-4042250. by US Foods, Inc.. (Hirsch, Alexandra). Motions referred to David Keesler. |
Filing 4 Summons Issued Electronically as to White Oak Management, Inc., White Oak Manor - Charlotte, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons - White Oak Management, Inc.)(brl) |
Filing 3 NOTICE of Appearance by Alexandra J. Hirsch on behalf of US Foods, Inc. (Hirsch, Alexandra) |
Case assigned to District Judge Robert J. Conrad, Jr 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 2 Corporate Disclosure Statement by US Foods, Inc. (MacHarg, Jeffrey) |
Filing 1 COMPLAINT against White Oak Manor - Charlotte, Inc., White Oak Management, Inc. ( Filing fee $ 400 receipt number 0419-4025462), filed by US Foods, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(MacHarg, Jeffrey) Modified text on 5/24/2019 (rth). |
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