Simpson v. Carothers Holding Company,LLC et al
| Hubert Simpson, Lynda Mason, Allison Montgomery, Pierre Davis, Lavonne Jones Haynes Anderson, Mario Black, Andrea Byers, Burlin Allen, Sr., Burlin Allen, Jr. and Jacqueline W. McClinton |
| Carothers Holding Company, LLC, StoneMor GP, LLC, StoneMor North Carolina, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor Partners, LP, Carothers Holding Company, LLC doing business as York Memorial Cemetery also known as York Memorial Park and York Memorial Park |
| 3:2023cv00217 |
| April 14, 2023 |
| US District Court for the Western District of North Carolina |
| Kenneth D Bell |
| Susan C Rodriguez |
| Contract: Other |
| Plaintiff |
Docket Report
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| Filing 27 Consent MOTION for Extension of Time to Answer re: #25 Amended Complaint, by StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP. (Cromwell, Brian). Motions referred to Susan C. Rodriguez. |
| TEXT-ONLY ORDER granting #27 Consent MOTION for Extension of Time to Answer re: #25 Amended Complaint. StoneMor GP, LLC's answer due 6/27/2023; StoneMor North Carolina Funeral Services, Inc.'s answer due 6/27/2023; StoneMor North Carolina Subsidiary, LLC's answer due 6/27/2023; StoneMor North Carolina, LLC's answer due 6/27/2023; StoneMor Partners, LP's answer due 6/27/2023. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 6/8/2023. (DLG) |
| Filing 26 Consent MOTION for Extension of Time to Answer re: #25 Amended Complaint, by Carothers Holding Company, LLC. (Butler, William). Motions referred to Susan C. Rodriguez. |
| TEXT-ONLY ORDER granting #26 Consent MOTION for Extension of Time to Answer re: #25 Amended Complaint. Carothers Holding Company, LLC's answer due 6/27/2023. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 6/6/2023. (DLG) |
| Filing 25 First AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Hubert Simpson, Jacqueline W. McClinton, Burlin Allen, Jr, Allison Montgomery, Burlin Allen, Sr, Andrea Byers, Pierre Davis, Mario Black, Lynda Mason, Lavonne Jones Haynes Anderson.(mek) |
| Filing 24 Document deleted; wrong event used; re-filed at #25. Modified on 5/31/2023 (mek). |
| Filing 23 NOTICE of Appearance by Christopher Brandon Henry on behalf of StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP (Henry, Christopher) |
Filing 22
ORDER granting #20 and #21 Motion for Leave to Appear Pro Hac Vice added Chesley S. McLeod and Henry M. Perlowski for StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP. (Pro Hac Vice Attorney served via NEF). Signed by US Magistrate Judge Susan C. Rodriguez on 5/11/2023. (brl)
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| Filing 21 MOTION for Leave to Appear Pro Hac Vice as to Henry M. Perlowski Filing fee $ 288, receipt number ANCWDC-6064819. by StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP. (Cromwell, Brian). Motions referred to Susan C. Rodriguez. |
| Filing 20 MOTION for Leave to Appear Pro Hac Vice as to Chesley S. McLeod Filing fee $ 288, receipt number ANCWDC-6064806. by StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP. (Cromwell, Brian). Motions referred to Susan C. Rodriguez. |
| Notice to Chesley S. McLeod: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 5/18/2023. (brl) |
| Notice to Henry M. Perlowski: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 5/18/2023. (brl) |
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Filing 19
ORDER that Plaintiff's #15 Motion to Amend/Correct is GRANTED. Plaintiff shall file an Amended Complaint within 21 days of this Order. Defendant Carothers Holding Company LLC's #11 Motion to Dismiss and the StoneMor Defendants' #16 Motion to Dismiss are administratively DENIED as moot without prejudice. Signed by US Magistrate Judge Susan C. Rodriguez on 5/8/2023. (brl)
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| Filing 18 MOTION to Amend/Correct by Hubert Simpson. Responses due by 5/22/2023 (Hunter, Pamela). Motions referred to Susan C. Rodriguez. |
| Set/Reset Deadlines: Amended Complaint due by 5/30/2023. (brl) |
| TEXT-ONLY ORDER finding as moot #18 Motion to Amend. Plaintiff's earlier #15 Motion to Amend has been granted. See #19 Order. This Motion is moot. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 5/8/2023. (DLG) |
| Filing 17 MEMORANDUM in Support re #16 MOTION to Dismiss Complaint and Motion to Strike or Dismiss Class Allegations by StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP. (Cromwell, Brian) |
| Filing 16 MOTION to Dismiss Complaint and Motion to Strike or Dismiss Class Allegations by StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP. Responses due by 5/19/2023 (Cromwell, Brian). Motions referred to Susan C. Rodriguez. |
| Filing 15 MOTION to Amend Complaint by Hubert Simpson. Responses due by 5/19/2023 (Hunter, Pamela). Motions referred to Susan C. Rodriguez. |
| Filing 14 NOTICE of Certificate of Settlement Conference Pursuant to Standing Order 5:19-mc-5. Result: Unable to resolve. (Butler, William) |
| TEXT-ONLY ORDER finding as moot #13 Motion to Stay. Plaintiff's #12 Motion to Strike has been denied. This Motion to Stay briefing is moot. So Ordered.. Entered by US Magistrate Judge Susan C. Rodriguez on 4/27/2023. (DLG) |
| TEXT-ONLY ORDER denying #12 MOTION to Strike premature #11 Motion to Dismiss. While #11 Motion to Dismiss was filed prior to the parties conducting the Initial Settlement Conference (ISC), the instant #12 Motion to Strike does not reflect consultation with opposing party as required by LCvR 7.1(b). Accordingly, the Motion to Strike is denied. Plaintiff's deadline to respond to #11 Motion to Dismiss is set for 14 days after the filing of the Certificate of Settlement Conference. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 4/27/2023. (DLG) |
| Filing 13 MOTION to Stay re #11 MOTION to Dismiss by Hubert Simpson. Responses due by 5/10/2023 (Hunter, Pamela). Motions referred to Susan C. Rodriguez. |
| Filing 12 MOTION to Strike by Hubert Simpson. Responses due by 5/10/2023 (Attachments: #1 Memorandum) (Hunter, Pamela). Motions referred to Susan C. Rodriguez. Modified event & text on 4/27/2023 (brl). |
| Filing 11 MOTION to Dismiss by Carothers Holding Company, LLC. Responses due by 5/5/2023 (Attachments: #1 Brief in support of Motion to Dismiss, #2 Exhibit 1 to Brief) (Butler, William). Motions referred to Susan C. Rodriguez. |
| Filing 10 Joint MOTION for Extension of Time to File Certification of Settlement Conference by Carothers Holding Company, LLC. Responses due by 5/5/2023 (Butler, William). Motions referred to Susan C. Rodriguez. |
| Filing 9 Corporate Disclosure Statement by StoneMor GP, LLC. (Cromwell, Brian) |
| Filing 8 Corporate Disclosure Statement by StoneMor North Carolina, LLC. (Cromwell, Brian) |
| Filing 7 Corporate Disclosure Statement by StoneMor North Carolina Subsidiary, LLC. (Cromwell, Brian) |
| Filing 6 Corporate Disclosure Statement by StoneMor North Carolina Funeral Services, Inc.. (Cromwell, Brian) |
| Filing 5 MOTION for Extension of Time to Answer or File Responsive Pleadings by StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP. (Cromwell, Brian). Motions referred to Susan C. Rodriguez. |
| Filing 4 NOTICE of Appearance by Brian S. Cromwell on behalf of StoneMor GP, LLC, StoneMor North Carolina Funeral Services, Inc., StoneMor North Carolina Subsidiary, LLC, StoneMor North Carolina, LLC, StoneMor Partners, LP (Cromwell, Brian) |
| TEXT-ONLY ORDER granting #10 Joint MOTION for Extension of Time to File Certification of Settlement Conference. Certificate of Initial Settlement Conference due by 5/1/2023. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 4/21/2023. (DLG) |
| TEXT-ONLY ORDER granting consent #5 MOTION for Extension of Time to Answer or File Responsive Pleadings. StoneMor GP, LLC answer due 5/5/2023; StoneMor North Carolina Funeral Services, Inc. answer due 5/5/2023; StoneMor North Carolina Subsidiary, LLC answer due 5/5/2023; StoneMor North Carolina, LLC answer due 5/5/2023; StoneMor Partners, LP answer due 5/5/2023. So Ordered. Entered by US Magistrate Judge Susan C. Rodriguez on 4/21/2023. (DLG) |
| Clerk's Entry and Service of #Standing Order Requiring an Initial Settlement Conference in Civil Cases assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The parties are directed to click on the link above to retrieve the Order. The filing party is directed to serve a copy of the Order with service. (cjs) |
| Case assigned to District Judge Kenneth D. Bell and US Magistrate Judge Susan C. Rodriguez. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(cjs) |
| Filing 3 NOTICE of Appearance by Anthony T. Lathrop on behalf of Carothers Holding Company, LLC (Lathrop, Anthony) |
| Filing 2 Corporate Disclosure Statement by Carothers Holding Company, LLC. (Butler, William) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of Mecklenburg County, case number 23-CVS-4982. (Filing fee $ 402 receipt number ANCWDC-6026439), filed by Carothers Holding Company, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Butler, William) |
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