Beckley v. Priority Auto Group, Inc. et al
Plaintiff: James Beckley
Defendant: Matthew Ellmer, Priority Automotive Huntersville, Inc., Dennis Ellmer and Priority Auto Group, Inc.
Case Number: 3:2021cv00072
Filed: February 17, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Robert J Conrad
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1442
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 5, 2021 Filing 19 MEMORANDUM in Support re #18 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or Alternatively Transfer Venue to EDVA, #17 MOTION to Dismiss for Failure to State a Claim by Dennis Ellmer, Matthew Ellmer, Priority Auto Group, Inc., Priority Automotive Huntersville, Inc.. (Attachments: #1 Exhibit 1 (Cummings Declaration), #2 Exhibit 2 (D. Ellmer Declaration), #3 Exhibit 3 (M.. Ellmer Declaration))(Long, Joshua)
April 5, 2021 Filing 18 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or Alternatively Transfer Venue to EDVA by Dennis Ellmer, Matthew Ellmer, Priority Auto Group, Inc.. Responses due by 4/19/2021 (Long, Joshua). Motions referred to David S. Cayer.
April 5, 2021 Filing 17 MOTION to Dismiss for Failure to State a Claim by Priority Automotive Huntersville, Inc.. Responses due by 4/19/2021 (Long, Joshua). Motions referred to David S. Cayer.
April 2, 2021 Filing 16 NOTICE of Change of Attorney Information by James Beckley (Stanton, Corey)
April 2, 2021 Filing 15 Notice of Substitution of Counsel by Philip J. Gibbons, Jr on behalf of James Beckley, Attorney Craig Lorne Leis terminated. (Gibbons, Philip)
April 2, 2021 Filing 14 NOTICE of Change of Attorney Information by James Beckley (Gibbons, Philip)
March 23, 2021 Filing 13 Consent MOTION for Extension of Time to Answer or Respond to Plaintiff's First Amended Complaint by Dennis Ellmer, Matthew Ellmer, Priority Auto Group, Inc., Priority Automotive Huntersville, Inc.. (Attachments: #1 Proposed Order) (Long, Joshua). Motions referred to David S. Cayer. Modified to remove duplicate text on 3/24/2021 (brl).
March 23, 2021 Opinion or Order TEXT-ONLY ORDER granting #13 Motion for Extension of Time to Answer. Defendants' answer due 4/5/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/23/2021. (DLG)
March 16, 2021 Opinion or Order Filing 12 ORDER administratively denying #4 Motion to Dismiss for Lack of Jurisdiction and #6 Motion to Dismiss for Failure to State a Claim as moot without prejudice. Signed by Magistrate Judge David S. Cayer on 3/16/2021. (mek)
March 15, 2021 Filing 11 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by James Beckley. (Attachments: #1 Exhibit 1 Beckley Pay Plan)(Gibbons, Philip)
March 15, 2021 Filing 10 NOTICE of Filing First Amended Complaint and Demand for Jury Trial by James Beckley (Gibbons, Philip)
March 10, 2021 Filing 9 Consent MOTION for Extension of Time to File Response/Reply re: #6 MOTION to Dismiss for Failure to State a Claim to and including March 15, 2021 by James Beckley. Responses due by 3/24/2021 (Attachments: #1 Proposed Order) (Gibbons, Philip). Motions referred to David S. Cayer.
March 10, 2021 Filing 8 Consent MOTION for Extension of Time to File Response/Reply re: #4 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or Alternatively Transfer Venue to EDVA to and including March 15, 2021 by James Beckley. Responses due by 3/24/2021 (Attachments: #1 Proposed Order) (Gibbons, Philip). Motions referred to David S. Cayer.
March 10, 2021 Opinion or Order TEXT-ONLY ORDER granting #9 Motion for Extension of Time to File Response/Reply re #6 MOTION to Dismiss for Failure to State a Claim. Responses due by 3/15/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/10/2021. (DLG)
March 10, 2021 Opinion or Order TEXT-ONLY ORDER granting #8 Motion for Extension of Time to File Response/Reply re #4 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or Alternatively Transfer Venue to EDVA. Responses due by 3/15/2021. So Responses. Entered by Magistrate Judge David S. Cayer on 3/10/2021. (DLG)
February 24, 2021 Filing 7 MEMORANDUM in Support re #6 MOTION to Dismiss for Failure to State a Claim by Priority Automotive Huntersville, Inc.. (Long, Joshua)
February 24, 2021 Filing 6 MOTION to Dismiss for Failure to State a Claim by Priority Automotive Huntersville, Inc.. Responses due by 3/10/2021 (Long, Joshua). Motions referred to David S. Cayer.
February 24, 2021 Filing 5 MEMORANDUM in Support re #4 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or Alternatively Transfer Venue to EDVA by Dennis Ellmer, Matthew Ellmer, Priority Auto Group, Inc.. (Attachments: #1 Exhibit 1 (Cumming Declaration), #2 Exhibit 2 (D. Ellmer Declaration), #3 Exhibit 3 (M.. Ellmer Declaration))(Long, Joshua)
February 24, 2021 Filing 4 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim or Alternatively Transfer Venue to EDVA by Dennis Ellmer, Matthew Ellmer, Priority Auto Group, Inc.. Responses due by 3/10/2021 (Long, Joshua). Motions referred to David S. Cayer.
February 17, 2021 Filing 3 Corporate Disclosure Statement by Priority Automotive Huntersville, Inc. (Long, Joshua)
February 17, 2021 Filing 2 Corporate Disclosure Statement by Priority Auto Group, Inc. (Long, Joshua)
February 17, 2021 Filing 1 NOTICE OF REMOVAL with Jury Demand from Mecklenburg County Superior Court, case number 21CVS118. (Filing fee $ 402 receipt number 0419-4898822), filed by Priority Automotive Huntersville, Inc., Matthew Ellmer, Priority Auto Group, Inc., Dennis Ellmer. (Attachments: #1 Exhibit 1 (State Court Filings), #2 Cover Sheet)(Long, Joshua)
February 17, 2021 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.(tlj)

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Defendant: Matthew Ellmer
Represented By: Joshua Forrest Pescud Long
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Defendant: Priority Automotive Huntersville, Inc.
Represented By: Joshua Forrest Pescud Long
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Defendant: Dennis Ellmer
Represented By: Joshua Forrest Pescud Long
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Defendant: Priority Auto Group, Inc.
Represented By: Joshua Forrest Pescud Long
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Plaintiff: James Beckley
Represented By: Philip J. Gibbons, Jr
Represented By: Craig Lorne Leis
Represented By: Corey Michael Stanton
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