The Paradies Shops, LLC v. Brookstone Charlotte, LLC
| The Paradies Shops, LLC |
| Brookstone Charlotte, LLC |
| Hudson Group (HG) Retail, LLC |
| 3:2019cv00631 |
| November 20, 2019 |
| US District Court for the Western District of North Carolina |
| Kenneth D Bell |
| David Keesler |
| Frank D Whitney |
| Contract: Other |
| Plaintiff |
Docket Report
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Filing 68
ORDER granting #67 Consent MOTION for Release of Bond. Signed by District Judge Kenneth D. Bell on 9/3/2020. (tmg)
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| Filing 67 Consent MOTION for Release of Bond by Hudson Group (HG) Retail, LLC. Responses due by 9/17/2020 (Attachments: #1 Proposed Order) (Harrington, Robert). Modified on 9/3/2020 to remove referral (tmg). |
| Filing 66 STIPULATION of Dismissal by The Paradies Shops, LLC (Malone, S.) |
| Filing 65 MOTION to Amend/Correct #57 Scheduling Order, by Hudson Group (HG) Retail, LLC. Responses due by 1/27/2020 (Wester, John). Motion no longer referred to David Keesler. Modified referral on 1/13/2020 (nvc). |
| TEXT-ONLY ORDER granting #65 Motion to Amend/Correct Scheduling Order. Entered at the direction of District Judge Kenneth D. Bell on 1/13/2020. (nvc,IB) |
| NOTICE of Hearing re: Motion for Declaratory Judgment set for 2/5/2020 09:00 AM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(nvc) |
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Filing 64
ORDER granting #62 Motion for Leave to Appear Pro Hac Vice. Amy Pharr Hefley is hereby admitted pro hac vice to represent Intervenor Hudson Group (HG) Retail, LLC. Signed by Magistrate Judge David Keesler on 1/3/20. (mga)
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Filing 63
ORDER granting #61 Motion for Leave to Appear Pro Hac Vice. George Fibbe is hereby admitted pro hac vice to represent Intervenor Hudson Group (HG) Retail, LLC. Signed by Magistrate Judge David Keesler on 1/3/20. (mga)
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| Notice to George Fibbe: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 1/10/2020. (mga) |
| Notice to Amy Pharr Hefley: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 1/10/2020. (mga) |
| Filing 62 MOTION for Leave to Appear Pro Hac Vice as to Amy Pharr Hefley Filing fee $ 281, receipt number 0419-4320155. by Hudson Group (HG) Retail, LLC. (Wester, John). Motions referred to David Keesler. |
| Filing 61 MOTION for Leave to Appear Pro Hac Vice as to Geroge Fibbe Filing fee $ 281, receipt number 0419-4320099. by Hudson Group (HG) Retail, LLC. (Wester, John). Motions referred to David Keesler. |
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Filing 60
ORDER granting #59 Unopposed Motion for Extension of Time to Answer re #58 Answer to Complaint in Notice of Removal, Counterclaim, #52 Amended Complaint. Plaintiff The Paradies Shops, LLC shall have up to and including January 30, 2020 to answer or otherwise respond to Intervenor Hudson Group, LLC's Amended intervenor Complaint (Document No. #52 ) and Brookstone Charlotte, LLC's Amended Counterclaims (Document No. #58 ). Signed by Magistrate Judge David Keesler on 12/31/19. (mga)
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| Filing 59 Unopposed MOTION for Extension of Time to Answer re: #58 Answer to Complaint in Notice of Removal, Counterclaim, #52 Amended Complaint, by The Paradies Shops, LLC. (Attachments: #1 Proposed Order)(Mapen, Jeffrey). Motions referred to David Keesler. |
| Filing 58 Amended ANSWER to Complaint contained in #1 Notice of Removal, , COUNTERCLAIM against The Paradies Shops, LLC by Brookstone Charlotte, LLC.(Fennell, Richard) Modified text on 12/18/2019 (rth). |
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Filing 57
INITIAL SCHEDULING AND DISCOVERY ORDER: Scope of Discovery, Discovery Schedule and Time for Response to Pleadings. The Parties agree and it is ordered that Paradies is not required to answer, move or otherwise respond to Hudson's Original Complaint in Intervention (ECF No. 5) and Brookstone Charlotte's Counterclaims (ECF No. 27). Paradies' time to answer, move or otherwise respond to Hudson's Amended Complaint in Intervention (ECF No. 52) and Brookstone Charlotte's to-be-filed Amended Counterclaims shall be as governed under the Federal Rules. Signed by District Judge Kenneth D. Bell on 12/13/2019. (tmg)
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| Filing 56 NOTICE of Correspondence to the Court dated December 12, 2019 by Hudson Group (HG) Retail, LLC (Attachments: #1 Exhibit 1 - 12.9.2019 Hearing Transcript, #2 Proposed Order)(Wester, John) |
| Filing 55 NOTICE of Correspondence to Court Dated December 12, 2019 by The Paradies Shops, LLC (Malone, S.) |
| Filing 54 STIPULATION and Proposed Protective Order by Hudson Group (HG) Retail, LLC (Wester, John) |
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Filing 53
ORDER granting #50 Consent Motion for Extension of Time to Answer re #5 Intervenor Complaint. Plaintiff Paradies Shops, LLC shall have up to and including December 23, 2019 to answer or otherwise respond to Intervenor Hudson Group, LLC's Complaint. Signed by Magistrate Judge David Keesler on 12/12/19. (mga)
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| Filing 52 AMENDED INTERVENOR COMPLAINT with Jury Demand against The Paradies Shops, LLC, filed by Hudson Group (HG) Retail, LLC. (Attachments: #1 Exhibit Declaration/Verification, #2 Exhibit 1 - 10/8/19 letter, #3 Exhibit 2 - 11/11/19 letter, #4 Exhibit 3 - 10/30/19 e-mail, #5 Exhibit 4 - 11/14/19 e-mail, #6 Exhibit 5 - 12/5/19 letter)(Wester, John) Modified text on 12/18/2019 (rth). |
| Filing 51 REPLY to Response to Motion re #3 MOTION to Intervene by Hudson Group (HG) Retail, LLC. (Wester, John) |
| Filing 50 Consent MOTION for Extension of Time to Answer re: #5 Intervenor Complaint by The Paradies Shops, LLC. (Attachments: #1 Proposed Order)(Malone, S.). Motions referred to David Keesler. |
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Filing 49
ORDER that Hudson produce the APA, with the redactions as stated in Order, to Paradies counsel prior to 5 p.m. on December 13, 2019. Signed by District Judge Kenneth D. Bell on 12/11/2019. (tmg)
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| Filing 48 NOTICE of Correspondence to Court dated December 11, 2019 by The Paradies Shops, LLC (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Wood, Fred) |
| Filing 47 TRANSCRIPT of Motion Hearing held on 12/9/19 before Judge Bell. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 3/6/2020. (Reporter: Cheryl Nuccio, 704-350-7494) |
| NOTICE of Hearing: re: Motion for Declaratory Judgment set for 1/16/2020 09:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(nvc) |
| Filing 45 NOTICE of Corrrespondence to Court Dated December 9, 2019 by The Paradies Shops, LLC (Attachments: #1 Exhibit 1 - Series of Questions Sent by Paradies to Defendants on December 7, 2019, #2 Exhibit 2 - Defendants' Joint Response Sent on December 8, 2019, #3 Exhibit 3 - Email from Store Manager to Paradies on December 7, 2019)(Mapen, Jeffrey) |
| Minute Entry: MOTION HEARING held before District Judge Kenneth D. Bell. Re #41 Joint MOTION for Preliminary Injunction . Plaintiffs attorney: Fred M. Wood, Jeffrey Mapen, S. Wade Malone. Intervenor Plaintiff Attorney: Danny David and John R. Wester. Defendants attorney: Jennifer Houti, Richard Fennell and Edward Hinson, Jr. Court reporter: Cheryl Nuccio. (nvc) |
| Filing 46 NOTICE of Correspondence to Court received in chambers on 12/6/2019 via email from S. Wade Malone. (nvc,IB) |
| Filing 44 NOTICE of Correspondence to Court received in chambers on 12/6/2019 via email from Danny David re: Termination of Management Services Agreement. (nvc,IB) |
| Filing 43 NOTICE of Correspondence to Court received in chambers on 12/6/2019 from Danny David re: Termination of Management Services Agreement. (nvc,IB) |
| Filing 42 RESPONSE in Opposition re #29 MOTION for Reconsideration by Hudson Group (HG) Retail, LLC. Replies due by 12/13/2019 (Wester, John) |
| Filing 41 Joint MOTION for Preliminary Injunction by Brookstone Charlotte, LLC, Hudson Group (HG) Retail, LLC. Responses due by 12/19/2019 (Wester, John) |
| Filing 40 MEMORANDUM in Support re #6 MOTION for Temporary Restraining Order [Joint Memorandum ISO Motion for Preliminary Injunction and in Opposition to The Paradies Shops, LLC's Motion for Preliminary Injunction] by Brookstone Charlotte, LLC, Hudson Group (HG) Retail, LLC. (Attachments: #1 Affidavit Verification of Ashley Xu, #2 Exhibit 1 - Brookstone Charlotte, LLC Company Agreement (6/3/2011))(Wester, John) |
| Filing 39 RESPONSE in Opposition re #6 MOTION for Temporary Restraining Order by The Paradies Shops, LLC. Replies due by 12/12/2019 (Attachments: #1 Exhibit 1 - Declaration of Michael S. Barnes, #2 Exhibit 2 - Opposition Brief to Hudson's Motion for Preliminary Injunction filed in Civil District Court for the Parish of Orleans)(Malone, S.) |
| Filing 38 RESPONSE in Opposition re #3 MOTION to Intervene by The Paradies Shops, LLC. Replies due by 12/11/2019 (Malone, S.) |
| Filing 37 TRANSCRIPT of Temporary Restraining Order held on 11/25/2019 before Judge Kenneth Bell. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 2/25/2020. (Reporter: Laura Andersen, 704-350-7493) |
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Filing 36
ORDER: The Court will enter a limited Temporary Restraining Order on the terms and with the $10,000.00 security described in Order, which in effect GRANTS in part and DENIES in part #6 Hudson and Brookstones motions. Unless otherwise extended by agreement of the parties or by Order of this Court, this Order will expire at 9:30 a.m. on December 9, 2019. A hearing will be held 12/9/19 @ 9:30 a.m. in Charlotte re: Preliminary Injunction. Signed by District Judge Kenneth D. Bell on 11/26/2019. (tmg)
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| Bond payment received re: #36 Order on Motion for TRO, in the amount of $ 10,000.00, receipt number CHD057134. (rys) |
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Filing 35
ORDER granting #31 Motion for Leave to Appear Pro Hac Vice added Katherine A. Brooker for Hudson Group (HG) Retail, LLC. Signed by Magistrate Judge David Keesler on 11/25/19. (tob)
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| Filing 34 RESPONSE in Support re #6 MOTION for Temporary Restraining Order [Response to Plaintiff's Supplemental Brief in Opposition to Hudson's Motion for TRO] by Hudson Group (HG) Retail, LLC. (Wester, John) |
| Filing 33 REPLY to Response to Motion re #6 MOTION for Temporary Restraining Order by Hudson Group (HG) Retail, LLC. (Attachments: #1 Exhibit A - Cummings Declaration, #2 Exhibit B 11/22/19 Harrington E-mail w/Attachments)(Wester, John) |
| Filing 32 Supplemental Memorandum by The Paradies Shops, LLC as to #6 MOTION for Temporary Restraining Order by The Paradies Shops, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Wood, Fred) |
| NOTICE of Hearing: re: Parties respective request for Preliminary Injunction set for 12/9/2019 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. Parties are to concurrently file brief in support of their respective position by 12/5/2019; no response or reply brief to be filed. This is your only notice - you will not receive a separate document.(nvc) |
| Minute Entry: MOTION HEARING held before District Judge Kenneth D. Bell. Re #6 MOTION for Temporary Restraining Order . Motion taken under advisement, order to issue. Plaintiffs attorney: Fred M. Wood, Jeffrey Mapen, Peter Munk, S. Wade Malone, Danny David, John Wester and Robert Harrington. Defendants attorney: Edward Hinson, Jennifer Houti and Richard Fennell. Court reporter: Laura Andersen. (nvc) |
| Notice to Katherine A. Brooker: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/2/2019. (tob) |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice as to Katherine A. Brooker Filing fee $ 281, receipt number 0419-4273055. by Hudson Group (HG) Retail, LLC. (Wester, John). Motions referred to David Keesler. |
| Filing 30 RESPONSE in Opposition re #6 MOTION for Temporary Restraining Order by The Paradies Shops, LLC. Replies due by 12/2/2019 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Wood, Fred) |
| Filing 29 MOTION for Reconsideration by The Paradies Shops, LLC. Responses due by 12/6/2019 (Wood, Fred). Modified on 11/22/2019 to remove referral (tmg). |
| Filing 28 NOTICE of Inability to File Certification of Settlement Conference by Brookstone Charlotte, LLC (Fennell, Richard) |
| Filing 27 ANSWER to Complaint with Jury Demand, COUNTERCLAIM against The Paradies Shops, LLC by Brookstone Charlotte, LLC. (Fennell, Richard) Modified text on 11/27/2019 (tmg). |
| Filing 26 Joinder by Brookstone Charlotte, LLC to Hudson Group (HG) Retail , LLC's #6 Motion for TRO (Fennell, Richard) Modified on 11/27/2019 (tmg). |
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Filing 25
ORDER granting #22 Motion for Leave to Appear Pro Hac Vice. Evan Werbel is hereby admitted pro hac vice to represent Intervenor. Signed by Magistrate Judge David Keesler on 11/22/19. (mga)
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Filing 24
ORDER granting #21 Motion for Leave to Appear Pro Hac Vice. Paul R. Elliott is hereby admitted pro hac vice to represent Intervenor Hudson Group (HG) Retail, LLC. Signed by Magistrate Judge David Keesler on 11/22/19. (mga)
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Filing 23
ORDER granting #20 Motion for Leave to Appear Pro Hac Vice. Danny David is hereby admitted pro vice to represent Defendant Hudson Group (HG) Retail, LLC. Signed by Magistrate Judge David Keesler on 11/22/19. (mga)
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| Filing 22 MOTION for Leave to Appear Pro Hac Vice as to Evan Werbel Filing fee $ 281, receipt number 0419-4272471. by Hudson Group (HG) Retail, LLC. (Wester, John). Motions referred to David Keesler. |
| Filing 21 MOTION for Leave to Appear Pro Hac Vice as to Paul R. Elliott Filing fee $ 281, receipt number 0419-4272462. by Hudson Group (HG) Retail, LLC. (Wester, John). Motions referred to David Keesler. |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice as to Danny David Filing fee $ 281, receipt number 0419-4272457. by Hudson Group (HG) Retail, LLC. (Wester, John). Motions referred to David Keesler. |
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Filing 19
ORDER granting #15 Motion for Leave to Appear Pro Hac Vice. Peter L. Munk is hereby admitted pro hac vice to represent Plaintiff The Paradies Shops, LLC. Signed by Magistrate Judge David Keesler on 11/22/19. (mga)
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Filing 18
ORDER granting #14 Motion for Leave to Appear Pro Hac Vice. Jeffrey L. Mapen is hereby admitted pro hac vice to represent Plaintiff The Paradies Shops, LLC. Signed by Magistrate Judge David Keesler on 11/22/19. (mga)
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Filing 17
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. S. Wade Malone is hereby admitted pro hac vice to represent Plaintiff The Paradies Shops, LLC. Signed by Magistrate Judge David Keesler on 11/22/19. (mga)
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Filing 16
ORDER granting #3 Hudson's Motion to Intervene. Signed by Magistrate Judge David Keesler on 11/22/19. (mga)
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| Notice to S. Wade Malone: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/2/2019. (mga) |
| Notice to Jeffrey L. Mapen: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/2/2019. (mga) |
| Notice to Peter L. Munk: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/2/2019. (mga) |
| Notice to Paul R. Elliott: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/2/2019. (mga) |
| Notice to Evan Werbel: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/2/2019. (mga) |
| Notice to Danny David: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 12/2/2019. (mga) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice as to Peter L. Munk Filing fee $ 281, receipt number 0419-4271100. by The Paradies Shops, LLC. (Wood, Fred). Motions referred to David Keesler. |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice as to Jeffrey L. Mapen Filing fee $ 281, receipt number 0419-4271094. by The Paradies Shops, LLC. (Wood, Fred). Motions referred to David Keesler. |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice as to S. Wade Malone Filing fee $ 281, receipt number 0419-4271081. by The Paradies Shops, LLC. (Wood, Fred). Motions referred to David Keesler. |
| Filing 12 CERTIFICATE OF SERVICE by Brookstone Charlotte, LLC re #10 Notice of Appearance, Initial Scheduling Order Entry - Judge Whitney, #11 Notice of Appearance, #9 Notice of Appearance, Case Assigned/Reassigned, Case Assigned/Reassigned, Case Assigned/Reassigned, (Houti, Jennifer) |
| Filing 11 NOTICE of Appearance by Christopher Thomas Hood on behalf of Brookstone Charlotte, LLC (Hood, Christopher) |
| Filing 10 NOTICE of Appearance by Jennifer Michelle Houti on behalf of Brookstone Charlotte, LLC (Houti, Jennifer) |
| Filing 9 NOTICE of Appearance by Edward Theodore Hinson, Jr on behalf of Brookstone Charlotte, LLC (Hinson, Edward) |
| Case reassigned to District Judge Robert J. Conrad, Jr. Chief Judge Frank D. Whitney no longer assigned to the case. This is your only notice - you will not receive a separate document.(eef) |
| TEXT ONLY ORDER Setting Hearing and Response Deadline re: #6 MOTION for Temporary Restraining Order; Response to Motion due 11/22/2019 by 5:00PM. Motion Hearing set for 11/25/2019 at 03:00 PM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. Entered at the direction of District Judge Kenneth D. Bell on 11/21/2019. (nvc) |
| Case reassigned to District Judge Kenneth D. Bell. District Judge Robert J. Conrad, Jr no longer assigned to the case. This is your only notice - you will not receive a separate document.(eef) |
| Filing 8 NOTICE of Appearance by Robert Evans Harrington on behalf of Hudson Group (HG) Retail, LLC (Harrington, Robert) |
| Filing 7 MEMORANDUM in Support re #6 MOTION for Temporary Restraining Order by Hudson Group (HG) Retail, LLC. (Wester, John) |
| Filing 6 MOTION for Temporary Restraining Order by Hudson Group (HG) Retail, LLC. Responses due by 12/4/2019 (Wester, John) |
| Filing 5 Intervenor COMPLAINT and Verified Application for Temporary Restraining Order, filed by Hudson Group (HG) Retail, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Wester, John) |
| Filing 4 MEMORANDUM in Support re #3 MOTION to Intervene by Hudson Group (HG) Retail, LLC. (Wester, John) |
| Filing 3 MOTION to Intervene by Hudson Group (HG) Retail, LLC. Responses due by 12/4/2019 (Wester, John). Motions referred to David Keesler. |
| Filing 2 DECLARATION of Ashley Xue re #1 Notice of Removal, filed by Brookstone Charlotte, LLC (Fennell, Richard) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Mecklenburg County, case number 19-CVS-20546. (Filing fee $ 400 receipt number 0419-4268432), filed by Brookstone Charlotte, LLC. (Attachments: #1 Exhibit 1- Summons and Complaint, #2 Exhibit 2 - Notice of Removal to Opposing Counsel, #3 Exhibit 3 - Notice of Filing of Notice of Removal)(Fennell, Richard) |
| 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. (ctb) |
| 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.(ctb) |
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