Mears Group, Inc. v. Southeast Underground Services, Inc. et al
| Mears Group, Inc. |
| On Point HDD, LLC, Southeast Underground Services, Inc., Americom Technology, Inc., Fairview Funding, LLC and Carolina Environmental Response Team, Inc. |
| 3:2020cv00300 |
| May 29, 2020 |
| US District Court for the Western District of North Carolina |
| David S Cayer |
| Robert J Conrad |
| Contract: Other |
| 28 U.S.C. § 1335 |
| None |
Docket Report
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| Filing 40 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 7/2/2021. Signed by Clerk, Frank G. Johns. (eef) |
Filing 39
ORDER granting #31 Motion to Dismiss ; granting in part and denying in part #31 Motion for Attorney Fees; adopting #38 Memorandum and Recommendations. Plaintiffs Motion for Attorneys Fees is GRANTED in the amount of $17,908.83. Signed by District Judge Robert J. Conrad, Jr on 7/2/2021. (eef)
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| Filing 38 MEMORANDUM AND RECOMMENDATION on #31 MOTION to Dismiss and for Attorney's Fees MOTION for Attorney Fees filed by Mears Group, Inc. Objections to M&R due by 6/18/2021. Signed by Magistrate Judge David S. Cayer on 6/4/2021. (mek) |
| Filing 37 REPLY to Response to Motion re #31 MOTION to Dismiss and for Attorney's Fees MOTION for Attorney Fees by Mears Group, Inc.. (Pocock, Donald) |
| Filing 36 MEMORANDUM in Opposition re #31 MOTION to Dismiss and for Attorney's Fees MOTION for Attorney Fees by Americom Technology, Inc., Carolina Environmental Response Team, Inc., On Point HDD, LLC. (Attachments: #1 Exhibit)(Banks, Floyd) Modified text on 5/7/2021 (brl). |
| Filing 35 RESPONSE in Opposition re #31 MOTION to Dismiss and for Attorney's Fees MOTION for Attorney Fees by Americom Technology, Inc., Carolina Environmental Response Team, Inc., On Point HDD, LLC. Replies due by 5/13/2021 (Banks, Floyd) |
| Filing 34 Unopposed MOTION for Extension of Time to File Response/Reply re: #31 MOTION to Dismiss and for Attorney's Fees MOTION for Attorney Fees by Americom Technology, Inc., Carolina Environmental Response Team, Inc., On Point HDD, LLC. Responses due by 5/6/2021 (Jesson, Edward). Motions referred to David S. Cayer. |
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TEXT-ONLY ORDER granting #34 Motion for Extension of Time to File Response/Reply re #31 MOTION to Dismiss and for Attorney's Fees MOTION for Attorney Fees. Responses due by 5/6/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 4/22/2021. (DLG)
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| Filing 33 MEMORANDUM in Support re #31 MOTION to Dismiss and for Attorney's Fees by Mears Group, Inc.. (Pocock, Donald) |
| Filing 32 AFFIDAVIT re #31 MOTION to Dismiss and for Attorney's Fees Corrected by Mears Group, Inc. (Attachments: #1 Exhibit Fees and Expenses)(Pocock, Donald) |
| Filing 31 MOTION to Dismiss, MOTION for Attorney Fees by Mears Group, Inc.. Responses due by 4/22/2021 (Attachments: #1 Exhibit A - Affidavit, #2 Exhibit B - State Court Motion, #3 Exhibit C - Fairview Lift Stay Order) (Pocock, Donald). Motions referred to David S. Cayer. Added MOTION for Attorney Fees on 4/9/2021 (brl). |
| Interpleader Deposit Received (28 U.S.C. 1335) in the amount of $ 468,000.00, receipt number CHD064618 (js) Modified text on 3/18/2021 (brl). |
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Filing 30
ORDER granting Plaintiff's Amended #17 Motion for Interpleader Deposit (28 U.S.C. Section 1335). Plaintiff's original #15 Motion for Interpleader Deposit (28 U.S.C. Section 1335) is DENIED as moot. Plaintiff is GRANTED LEAVE and ORDERED to deposit into the Registry of the Court the contested $468,000 at issue in this litigation, which the Court shall hold pending termination of the claims at issue in this action. Defendants are enjoined from instituting or prosecuting any proceedings in any State or United States court affecting the $468,000 involved in this interpleader action until further order of the Court.Signed by District Judge Robert J. Conrad, Jr on 3/10/2021. (brl)
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Filing 29
ORDER adopting the Magistrate Judge's #28 Memorandum and Recommendations. Defendant Americom Technology Inc.'s #18 Motion to Dismiss for Failure to State a Claim is DENIED. Defendants Carolina Environmental Response Team Inc. and On Point HDD LLC's #21 Motion to Dismiss for Failure to State a Claim is DENIED. Signed by District Judge Robert J. Conrad, Jr on 3/10/2021. (brl)
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| Filing 28 MEMORANDUM AND RECOMMENDATION on #18 MOTION to Dismiss for Failure to State a Claim filed by Americom Technology, Inc. and #21 MOTION to Dismiss for Failure to State a Claim filed by On Point HDD, LLC, Carolina Environmental Response Team, Inc. Objections to M&R due by 9/4/2020. Signed by Magistrate Judge David S. Cayer on 8/21/2020. (mek) |
| Filing 27 REPLY to Response to Motion re #21 MOTION to Dismiss for Failure to State a Claim by Carolina Environmental Response Team, Inc., On Point HDD, LLC. (Banks, Floyd) |
| Filing 26 REPLY to Response to Motion re #18 MOTION to Dismiss for Failure to State a Claim by Americom Technology, Inc.. (Jesson, Edward) |
| Filing 25 Clerk's ENTRY OF DEFAULT as to Southeast Underground Services, Inc.. Signed by Clerk, Frank G. Johns (eef) |
| Filing 24 MEMORANDUM in Support re #23 MOTION for Entry of Default against Southeast Underground Services, Inc. only by Mears Group, Inc.. (Pocock, Donald) |
| Filing 23 MOTION for Entry of Default against Southeast Underground Services, Inc. only by Mears Group, Inc.. (Pocock, Donald) |
| Filing 22 RESPONSE in Opposition re #21 MOTION to Dismiss for Failure to State a Claim , #18 MOTION to Dismiss for Failure to State a Claim by Mears Group, Inc.. Replies due by 8/4/2020 (Attachments: #1 Appendix Unpublished Authority)(Pocock, Donald) |
| Filing 21 MOTION to Dismiss for Failure to State a Claim by Carolina Environmental Response Team, Inc., On Point HDD, LLC. Responses due by 8/4/2020 (Attachments: #1 Memorandum Memorandum in Support of Motion)(Banks, Floyd). Motions referred to David S. Cayer. |
| Filing 20 NOTICE of Stay by Fairview Funding, LLC (Attachments: #1 Exhibit Exhibit A to Notice of Stay)(Sadler, Megan) |
| Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss for Failure to State a Claim by Americom Technology, Inc.. (Jesson, Edward) |
| Filing 18 MOTION to Dismiss for Failure to State a Claim by Americom Technology, Inc.. Responses due by 7/30/2020 (Jesson, Edward). Motions referred to David S. Cayer. |
| Filing 17 Amended MOTION re #15 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) and to Enjoin Suits (28 U.S.C. section 2361) by Mears Group, Inc. Responses due by 7/23/2020 (Attachments: #1 Exhibit A - Dismissal)(Pocock, Donald). Modified on 7/9/2020 to correct event type and remove referral (mek). (Attachment 1 replaced on 7/9/2020) (mek). |
| Filing 16 MEMORANDUM in Support re #15 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) and to Enjoin Suits (28 U.S.C. section 2361) by Mears Group, Inc.. (Pocock, Donald) |
| Filing 15 MOTION for Interpleader Deposit (28 U.S.C. Section 1335) and to Enjoin Suits (28 U.S.C. section 2361) by Mears Group, Inc.. Responses due by 7/21/2020 (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email, #3 Exhibit C - State Complaint, #4 Exhibit D - Deposit)(Pocock, Donald). Modified on 7/7/2020 to remove referral (mek). (Attachment 3 replaced on 7/8/2020) (mek). (Attachment 4 replaced on 7/8/2020) (mek). |
| Filing 14 MOTION for Extension of Time to Answer re: #1 Complaint by Fairview Funding, LLC. Responses due by 7/6/2020 (Sadler, Megan). Motions referred to David S. Cayer. Modified on 6/22/2020 to correct event type (mek). |
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TEXT-ONLY ORDER granting #14 Motion for Extension of Time to Answer re #1 Complaint. Fairview Funding, LLC answer due 7/21/2020. SO ORDERED. Entered by Magistrate Judge David S. Cayer on 6/22/2020. (KCA)
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| Filing 13 AFFIDAVIT of Service filed by Mears Group, Inc.. Southeast Underground Services, Inc. served on 6/18/2020, answer due 7/9/2020. (Pocock, Donald) |
| Filing 12 Unopposed MOTION for Extension of Time to Answer re: #1 Complaint, by Carolina Environmental Response Team, Inc.. (Attachments: #1 Exhibit Order Extending Time)(Banks, Floyd). Motions referred to David S. Cayer. |
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TEXT-ONLY ORDER granting #12 Motion for Extension of Time to Answer. Carolina Environmental Response Team, Inc.'s answer due 7/23/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/18/2020. (DLG)
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| Filing 11 Summons Reissued Electronically as to Southeast Underground Services, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4. (clc) |
| Filing 10 Unopposed MOTION for Extension of Time to Answer re: #1 Complaint, by On Point HDD, LLC. (Attachments: #1 Proposed Order Order Extending Time)(Banks, Floyd). Motions referred to David S. Cayer. |
| Filing 9 NOTICE of Appearance by Floyd Douglas Banks on behalf of Carolina Environmental Response Team, Inc., On Point HDD, LLC (Banks, Floyd) |
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TEXT-ONLY ORDER granting #10 Motion for Extension of Time to Answer. On Point HDD, LLC's answer due 7/21/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/15/2020. (DLG)
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| Filing 8 Unopposed MOTION for Extension of Time to Answer re: #1 Complaint, by Americom Technology, Inc.. (Attachments: #1 Proposed Order Proposed Order On Motion for Extension of Time to Respond to Complaint)(Jesson, Edward). Motions referred to David S. Cayer. |
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TEXT-ONLY ORDER granting #8 Motion for Extension of Time to Answer. Americom Technology, Inc.'s answer due 7/16/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 6/12/2020. (DLG)
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| Filing 7 SUMMONS Returned Executed by Mears Group, Inc.. Fairview Funding, LLC served on 6/9/2020, answer due 6/30/2020. (Pocock, Donald) |
| Filing 6 Summons Returned Unexecuted by Mears Group, Inc. as to Southeast Underground Services, Inc.. (Pocock, Donald) |
| Filing 5 SUMMONS Returned Executed by Mears Group, Inc.. Americom Technology, Inc. served on 6/4/2020, answer due 6/25/2020. (Pocock, Donald) |
| Filing 4 AFFIDAVIT of Service filed by Mears Group, Inc.. On Point HDD, LLC served on 6/9/2020, answer due 6/30/2020. (Pocock, Donald) |
| Filing 3 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons)(brj) |
| Filing 2 Corporate Disclosure Statement by Mears Group, Inc. (Pocock, Donald) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0419-4511713), filed by Mears Group, Inc.. (Attachments: #1 Exhibit A - Assignment, #2 Exhibit B - Notice of Lien on Funds, #3 Exhibit C - Notice of Lien on Funds, #4 Exhibit D - Notice of Lien on Funds, #5 Cover Sheet)(Pocock, Donald) (Attachments 2, 3, and 4 replaced on 6/2/2020) (mek). |
| 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.(brj) |
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