American Tire Distributors, Inc. v. Rumbaugh et al
Plaintiff: American Tire Distributors, Inc.
Defendant: Charles Magnee, Matthew Rumbaugh, U.S. AutoForce, LLC and U.S. Venture, Inc.
Case Number: 3:2020cv00533
Filed: September 24, 2020
Court: US District Court for the Western District of North Carolina
Presiding Judge: Max O Cogburn
Referring Judge: David Keesler
Nature of Suit: Contract: Other
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 3, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2020 Filing 28 WAIVER OF SERVICE Returned Executed by American Tire Distributors, Inc.. U.S. Venture, Inc. waiver sent on 10/26/2020, answer due 12/28/2020. (Willow-Johnson, Mackenzie)
November 3, 2020 Filing 27 WAIVER OF SERVICE Returned Executed by American Tire Distributors, Inc.. Matthew Rumbaugh waiver sent on 10/13/2020, answer due 12/14/2020. (Willow-Johnson, Mackenzie)
November 3, 2020 Filing 26 WAIVER OF SERVICE Returned Executed by American Tire Distributors, Inc.. Charles Magnee waiver sent on 10/13/2020, answer due 12/14/2020. (Willow-Johnson, Mackenzie)
November 2, 2020 Opinion or Order Filing 25 ORDER approving #23 Stipulation. Parties shall commence limited discoveryin accordance with the Stipulation, the Protective Order attached as Exhibit 1 (Doc. No. 23-1), andthe Forensic Protocol attached as Exhibit 2 (Doc. No. 23-2).Signed by District Judge Max O. Cogburn, Jr on 11/2/2020. (ams)
October 30, 2020 Filing 24 NOTICE of Corrected Exhibit 2 To The Parties' Stipulated Order On Expedited Forensic Discovery by American Tire Distributors, Inc. (Attachments: #1 Exhibit A)(Willow-Johnson, Mackenzie)
October 23, 2020 Filing 23 STIPULATION to Order on Expedited Forensic Discovery by American Tire Distributors, Inc. (Attachments: #1 Exhibit 1 - Stipulated Protective Order, #2 Exhibit 2 - Forensic Protocol)(Willow-Johnson, Mackenzie)
October 21, 2020 Filing 22 Summons Issued Electronically as to U.S. Venture, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (brl)
October 16, 2020 Opinion or Order Filing 21 ORDER denying #5 Motion for TRO; granting #5 Motion for Discovery; denying #5 Motion for Preliminary Injunction. The parties shall have until Friday, October 23, 2020, to submit to the Court their joint plan for Plaintiff to seek expedited discovery from Defendant. If the parties cannot agree on a joint plan, the parties shall notify the Court by October 23, 2020. Signed by District Judge Max O. Cogburn, Jr on 10/16/2020. (ams)
October 14, 2020 Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. Re #5 MOTION for Temporary Restraining Order MOTION for Discovery on Expedited Basis MOTION for Preliminary Injunction . Motion taken under advisement, order to issue. Plaintiffs attorney: John Sikes Gibbs, III; Mackenzie Willow-Johnson. Defendants attorney: David Lucey, Wesley Brian Sawyer. Court reporter: Laura Andersen. (ams)
October 14, 2020 Opinion or Order Filing 20 ORDER denying as moot Defendants #15 Motion to Dismiss for Lack of Jurisdiction. Signed by Magistrate Judge David Keesler on 10/14/2020. (brl)
October 13, 2020 Filing 19 RESPONSE in Opposition re #15 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss by American Tire Distributors, Inc.. Replies due by 10/20/2020 (Attachments: #1 Exhibit 1 - Declaration of Jess Hoodenpyle, #2 Exhibit 2 - Declaration of Laurie Heavener, #3 Exhibit 3 - Declaration of Jason Norris, #4 Exhibit Exhibit Index)(Willow-Johnson, Mackenzie)
October 13, 2020 Filing 18 AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF with Jury Demand against All Defendants, filed by American Tire Distributors, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Willow-Johnson, Mackenzie)
October 13, 2020 Filing 17 DECLARATION re #5 MOTION for Temporary Restraining Order MOTION for Discovery on Expedited Basis MOTION for Preliminary Injunction Declaration of Charles Magnee Responding to Motion for Temporary Restraining Order filed by Charles Magnee (Sawyer, Wesley)
October 13, 2020 Filing 16 DECLARATION re #5 MOTION for Temporary Restraining Order MOTION for Discovery on Expedited Basis MOTION for Preliminary Injunction Declaration of Matthew Rumbaugh Responding to Motion for Temporary Restraining Order filed by Matthew Rumbaugh (Sawyer, Wesley)
October 9, 2020 Filing 15 MOTION to Dismiss for Lack of Jurisdiction Motion to Dismiss by Charles Magnee, Matthew Rumbaugh, U.S. AutoForce, LLC. Responses due by 10/23/2020 (Attachments: #1 Memorandum Memorandum in Support of Motion to Dismiss, #2 Exhibit A - Rumbaugh Declaration, #3 Exhibit B - Magnee Declaration, #4 Exhibit C - Shefchik Declaration) (Sawyer, Wesley)
October 7, 2020 Filing 14 REPLY to Response to Motion re #5 MOTION for Temporary Restraining Order MOTION for Discovery on Expedited Basis MOTION for Preliminary Injunction by American Tire Distributors, Inc.. (Willow-Johnson, Mackenzie)
October 5, 2020 Notice to David Lucey: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 10/13/2020. (mga)
October 5, 2020 Opinion or Order Filing 13 ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. David Lucey is hereby admitted pro hac vice to represent Defendants Charles Magnee, Matthew Rumbaugh and U.S. AutoForce, LLC. Signed by Magistrate Judge David Keesler on 10/5/20. (mga)
October 1, 2020 NOTICE of Hearing on Motion re: #5 MOTION for Temporary Restraining Order MOTION for Discovery on Expedited Basis MOTION for Preliminary Injunction : Motion Hearing set for 10/14/2020 11:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)
October 1, 2020 Filing 12 MOTION for Leave to Appear Pro Hac Vice as to David Lucey Filing fee $ 281, receipt number 0419-4695296. by Charles Magnee, Matthew Rumbaugh, U.S. AutoForce, LLC. (Sawyer, Wesley). Motions referred to David Keesler.
October 1, 2020 Filing 11 Corporate Disclosure Statement by U.S. AutoForce, LLC (Sawyer, Wesley)
October 1, 2020 Filing 10 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order MOTION for Discovery on Expedited Basis MOTION for Preliminary Injunction Response in Opposition to Motion for Temporary Restraining Order by Charles Magnee, Matthew Rumbaugh, U.S. AutoForce, LLC. Replies due by 10/8/2020 (Sawyer, Wesley)
October 1, 2020 Opinion or Order Filing 9 ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. John Sikes Gibbs, III is hereby admitted pro hac vice to represent Plaintiff American Tire Distributors, Inc. Signed by Magistrate Judge David Keesler on 9/30/20. (mga)
September 30, 2020 Filing 8 NOTICE of Appearance by Wesley Brian Sawyer on behalf of Charles Magnee, Matthew Rumbaugh, U.S. AutoForce, LLC (Sawyer, Wesley)
September 30, 2020 Filing 7 MOTION for Leave to Appear Pro Hac Vice as to John Sikes Gibbs III Filing fee $ 281, receipt number 0419-4693361. by American Tire Distributors, Inc.. (Willow-Johnson, Mackenzie). Motions referred to David Keesler.
September 28, 2020 Filing 6 MEMORANDUM in Support re #5 MOTION for Temporary Restraining Order MOTION for Discovery on Expedited Basis MOTION for Preliminary Injunction by American Tire Distributors, Inc.. (Attachments: #1 Exhibit Declaration of Steve Bulgar, #2 Exhibit EX 2 - Declaration of Laurie Heavener, #3 Exhibit EX 3 - Declaration of Patrick O'Callaghan, #4 Exhibit EX 4 - Declaration of Robert Graham, #5 Exhibit EX 5 - Decalaration of John Gibbs III)(Willow-Johnson, Mackenzie)
September 28, 2020 Filing 5 MOTION for Temporary Restraining Order , MOTION for Discovery on Expedited Basis, MOTION for Preliminary Injunction by American Tire Distributors, Inc.. Responses due by 10/13/2020 (Willow-Johnson, Mackenzie). Modified to remove referral on 9/29/2020 (mga).
September 25, 2020 Filing 4 Corporate Disclosure Statement by American Tire Distributors, Inc. (Willow-Johnson, Mackenzie)
September 24, 2020 Filing 3 Summons Issued Electronically as to Charles Magnee, Matthew Rumbaugh, U.S. AutoForce, LLC. 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)(js)
September 24, 2020 Case assigned to District Judge Max O. Cogburn, 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.(js)
September 24, 2020 Filing 2 NOTICE of Filing of Exhibits to Its Complaint by American Tire Distributors, Inc. re #1 Complaint (Attachments: #1 Exhibit Rumbaugh Agreement, #2 Exhibit Magnee Agreement)(Willow-Johnson, Mackenzie)
September 24, 2020 Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-4685767), filed by American Tire Distributors, Inc..(Willow-Johnson, Mackenzie)

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Defendant: Charles Magnee
Represented By: David Lucey
Represented By: Wesley Brian Sawyer
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Defendant: Matthew Rumbaugh
Represented By: David Lucey
Represented By: Wesley Brian Sawyer
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Defendant: U.S. AutoForce, LLC
Represented By: David Lucey
Represented By: Wesley Brian Sawyer
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Defendant: U.S. Venture, Inc.
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Plaintiff: American Tire Distributors, Inc.
Represented By: Mackenzie Willow-Johnson
Represented By: John Sikes Gibbs, III
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