B-H Transfer Co. v. E Z Smith, Inc.
| B-H Transfer Co. |
| E Z Smith, Inc. d/b/a Smith's Wrecker Service and E Z Smith, Inc. doing business as Smith's Wrecker Service |
| E Z Smith, Inc. |
| 3:2023cv00055 |
| February 1, 2023 |
| US District Court for the Western District of North Carolina |
| David Keesler |
| Frank D Whitney |
| Other Fraud |
| 28 U.S.C. ยง 1345 Replevin & Conversion |
| Both |
Docket Report
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This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.
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Filing 12
AMENDED CONSENT ORDER vacating #10 Clerk's Judgment, granting #8 MOTION for Approval of Proposed Consent Order , denying as moot #5 MOTION for Immediate Possession and the Clerk is directed to reopen the case. Signed by District Judge Frank D. Whitney on 3/21/21. (clc) Modified signature date on 3/29/2023 (rth).
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| Filing 11 ANSWER to #1 Complaint, with Jury Demand Plaintiff's Complaint and File a Counterclaim, COUNTERCLAIM against All Plaintiffs by E Z Smith, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Laws, Robert) |
| Filing 10 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 3/21/23. Signed by Clerk, Frank G. Johns. (clc) |
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Filing 9
ORDER denying as moot #5 Motion for Immediate Possession; granting #8 Motion for Consent Order. Signed by District Judge Frank D. Whitney on 3/21/23. (clc) Modified text on 3/29/2023 (rth).
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| Filing 8 MOTION for Approval of Proposed Consent Order by B-H Transfer Co.. Responses due by 4/3/2023 (Attachments: #1 Exhibit A - Proposed Consent Order) (Jackson, William). Modified to remove referral on 3/21/2023 (mga). |
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Filing 7
ORDER granting with modification #6 Defendant's Motion for Extension of Time to Answer Plaintiff's Complaint and File a Counterclaim, #1 Complaint. Defendant shall file an Answer, or otherwise respond to Plaintiff's Complaint, on or before March 21, 2022. Signed by Magistrate Judge David Keesler on 2/28/23. (mga)
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| Filing 6 MOTION for Extension of Time to Answer Plaintiff's Complaint and File a Counterclaim by E Z Smith, Inc.. (Attachments: #1 Proposed Order) (Laws, Robert). Motions referred to David Keesler. |
| Filing 5 MOTION for Immediate Possession by B-H Transfer Co.. Responses due by 3/10/2023 (Attachments: #1 Memorandum in Support of Motion for Immediate Possession, #2 Exhibit A and B to Memo in Support of Motion for Immediate Possession - Title and Registration, #3 Exhibit C to Memo in Support of Motion for Immediate Possession - Smith's Invoice, #4 Exhibit D to Memo in Support of Motion for Immediate Possession - Emails, #5 Exhibit E to Memo in Support of Motion for Immediate Possession - Bond) (Jackson, William). Motions referred to David Keesler. |
| Filing 4 SUMMONS Returned Executed by B-H Transfer Co.. E Z Smith, Inc. served on 2/8/2023, answer due 3/1/2023. (Jackson, William) |
| Filing 3 Summons Issued Electronically as to E Z Smith, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (tlj) |
| Case assigned to District 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.(tlj) |
| 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. (tlj) |
| Filing 2 Corporate Disclosure Statement by B-H Transfer Co.. (Jackson, William) |
| Filing 1 COMPLAINT against E Z Smith, Inc. with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5924439), filed by B-H Transfer Co.. (Attachments: #1 Exhibit A to Complaint - 2021 Freightliner Tractor Title and Registration, #2 Exhibit B to Complaint - 2004 Heil Trailer Title and Registration, #3 Exhibit C to Complaint - Smith's Invoice)(Jackson, William) Modified docket text on 2/2/2023 (tlj). |
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