HMS Holdings, LLC v. Herford et al
Plaintiff: HMS Holdings LLC and HMS Holdings Limited Partnership
Defendant: Robert J. Herford, Ted A. Greve & Associates, P.A. and Britt Nichlaus Caulder
Case Number: 3:2021cv00460
Filed: September 1, 2021
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Max O Cogburn
Nature of Suit: Labor: E.R.I.S.A.
Cause of Action: 29 U.S.C. § 1132
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 5, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 29, 2021 Opinion or Order Filing 12 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against All Plaintiffs by Britt Nichlaus Caulder, Ted A. Greve & Associates, P.A., Robert J. Herford. (Attachments: #1 Exhibit A - Defendant's Request for Plan Documents)(Caudill, Bo)
October 12, 2021 Opinion or Order Filing 11 MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Britt Nichlaus Caulder, Robert J. Herford, Ted A. Greve & Associates, P.A.. Replies due by 10/19/2021 (Attachments: #1 Exhibit A - November 5 Letter, #2 Exhibit B - Annual Report)(Caudill, Bo)
October 8, 2021 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. via Teams video conference on 10/8/2021 re #4 Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Defense counsel is to file a memorandum, as directed by the Court. Plaintiff's attorney: Benton L. Toups. Defendants' attorney: Bo Brandon Caudill. Court reporter: Tracy Dunlap (828-771-7217). (maf)
October 8, 2021 Opinion or Order ORAL ORDER: Defense counsel is directed to submit a Memorandum by 10/12/2021 with respect to the #4 Motion, as directed by the Court during the 10/8/2021 motion hearing. So Ordered by District Judge Max O. Cogburn, Jr. on 10/8/2021. (maf)
October 5, 2021 Opinion or Order TEXT-ONLY ORDER: The #10 Motion to Continue is GRANTED. The hearing on the #4 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction is rescheduled from 10/7/2021 to 10/8/2021 at 9:00 a.m. via Teams video conference. District Judge Max O. Cogburn Jr. will preside from Courtroom 1 in Asheville. So Ordered by District Judge Max O. Cogburn, Jr. on 10/5/2021. (The Deputy Clerk has previously provided parties with a Teams meeting link for this hearing. Counsel may use the same link to connect on 10/8/2021.) (maf)
October 1, 2021 Opinion or Order Filing 10 Unopposed MOTION to Continue Hearing on Motion for Temporary Restraining Order and Preliminary Injunction by Britt Nichlaus Caulder, Robert J. Herford, Ted A. Greve & Associates, P.A.. Responses due by 10/15/2021 (Caudill, Bo)
October 1, 2021 Opinion or Order NOTICE of Hearing on Motion re: #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 10/7/2021 10:00 AM via Microsoft Teams before District Judge Max O. Cogburn Jr. Deputy Clerk will provide parties with access information by email. This is your only notice - you will not receive a separate document.(ams)
September 28, 2021 Opinion or Order Filing 9 Corporate Disclosure Statement by Ted A. Greve & Associates, P.A. (Caudill, Bo)
September 28, 2021 Opinion or Order Filing 8 Consent MOTION for Extension of Time to Answer re: #1 Complaint, by Britt Nichlaus Caulder, Robert J. Herford, Ted A. Greve & Associates, P.A.. (Caudill, Bo). Motions referred to David S. Cayer.
September 28, 2021 Opinion or Order TEXT-ONLY ORDER granting #8 Motion for Extension of Time to Answer re: #1 Complaint. All Defendants answers are due 10/29/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/28/2021. (KCA)
September 15, 2021 Opinion or Order Set/Reset Deadlines: Britt Nichlaus Caulder answer due 9/26/2021; Robert J. Herford answer due 9/29/2021; Ted A. Greve & Associates, P.A. answer due 9/29/2021. (ams)
September 14, 2021 Opinion or Order Filing 7 AFFIDAVIT of Service filed by HMS Holdings LLC. All Defendants. (Attachments: #1 Exhibit A - Certified Mail Return Receipt - Britt Nicklaus Caulder, #2 Exhibit B - Certified Mail Return Receipt - Robert J. Herford, #3 Exhibit C - Certified Mail Return Receipt - Ted A. Greve & Associates, P.A.)(Toups, Benton)
September 1, 2021 Opinion or Order Filing 6 Summons Issued Electronically as to Britt Nichlaus Caulder, Robert J. Herford, Ted A. Greve & Associates, P.A.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (dgr)
September 1, 2021 Opinion or Order Filing 5 MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by HMS Holdings, LLC (Toups, Benton)
September 1, 2021 Opinion or Order Filing 4 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by HMS Holdings, LLC. Responses due by 9/15/2021 (Toups, Benton)
September 1, 2021 Opinion or Order Filing 3 Corporate Disclosure Statement by HMS Holdings, LLC (Toups, Benton)
September 1, 2021 Opinion or Order Filing 2 NOTICE of Appearance by Benton L. Toups on behalf of HMS Holdings, LLC (Toups, Benton)
September 1, 2021 Opinion or Order Filing 1 COMPLAINT against Britt Nichlaus Caulder, Robert J. Herford, Ted A. Greve & Associates, P.A. ( Filing fee $ 402 receipt number ANCWDC-5196640), filed by HMS Holdings, LLC. (Attachments: #1 Exhibit A - HMS Holdings Limited Partnership Employee Health Plan, #2 Cover Sheet, #3 Proposed Summons for Defendants)(Toups, Benton) Modified on 9/1/2021 to edit docket text (dgr).
September 1, 2021 Opinion or Order Case assigned to District Judge Max O. Cogburn, 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.(dgr)

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Plaintiff: HMS Holdings LLC
Represented By: Benton L. Toups
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Plaintiff: HMS Holdings Limited Partnership
Represented By: Benton L. Toups
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Defendant: Robert J. Herford
Represented By: Bo Brandon Caudill
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Defendant: Ted A. Greve & Associates, P.A.
Represented By: Bo Brandon Caudill
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Defendant: Britt Nichlaus Caulder
Represented By: Bo Brandon Caudill
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