In Re: Daimler Truck North America LLC
| US-Lit Chisum 22-B LLC |
| Daimler Truck North America LLC |
| 3:2023mc00042 |
| March 23, 2023 |
| US District Court for the Western District of North Carolina |
| Robert J Conrad |
| W Carleton Metcalf |
| Other Statutory Actions |
| None |
Docket Report
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| NOTICE of Hearing on Motion re: #1 Motion to Quash Subpoenas. Motion Hearing set for 5/25/2023 10:00 AM in Courtroom 2, 100 Otis St, Asheville, NC 28801 before US Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document.(kby) |
| Filing 32 REPLY to Response to Motion re #1 Motion to Quash by US-Lit Chisum 22-B LLC. (Attachments: #1 Affidavit Declaration of C. Austin Ginnings)(Grochocinski, Timothy) |
Filing 31
ORDER granting #26 Motion for Leave to Appear Pro Hac Vice, added Todd G. Miller for Daimler Truck North America LLC. Signed by Magistrate Judge W. Carleton Metcalf on 3/27/2023. (slm)
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Filing 30
ORDER granting #27 Motion for Leave to Appear Pro Hac Vice, added Oliver J. Richards for Daimler Truck North America LLC (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge W. Carleton Metcalf on 3/27/2023. (slm)
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Filing 29
ORDER granting #24 Motion for Leave to Appear Pro Hac Vice, added Charles Austin Ginnings for US-Lit Chisum 22-B LLC. Signed by Magistrate Judge W. Carleton Metcalf on 3/27/2023. (slm)
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Filing 28
ORDER granting #23 Motion for Leave to Appear Pro Hac Vice, added Timothy E Grochocinski for US-Lit Chisum 22-B LLC. Signed by Magistrate Judge W. Carleton Metcalf on 3/27/2023. (slm)
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| Filing 27 MOTION for Leave to Appear Pro Hac Vice as to Oliver J. Richards Filing fee $ 288, receipt number ANCWDC-5994534. by Daimler Truck North America LLC. (Van Zant, Jennifer). Motions referred to W. Carleton Metcalf. |
| Filing 26 MOTION for Leave to Appear Pro Hac Vice as to Todd G. Miller Filing fee $ 288, receipt number ANCWDC-5994478. by Daimler Truck North America LLC. (Van Zant, Jennifer). Motions referred to W. Carleton Metcalf. |
| Filing 25 NOTICE of Appearance by Jennifer K. Van Zant on behalf of Daimler Truck North America LLC (Van Zant, Jennifer) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice as to C. Austin Ginnings Filing fee $ 288, receipt number ANCWDC-5993768. by US-Lit Chisum 22-B LLC. (Allan, Albert). Motions referred to W. Carleton Metcalf. |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice as to Timothy E. Grochocinski Filing fee $ 288, receipt number ANCWDC-5993751. by US-Lit Chisum 22-B LLC. (Allan, Albert). Motions referred to W. Carleton Metcalf. |
| Filing 22 NOTICE of Appearance by Albert P. Allan on behalf of US-Lit Chisum 22-B LLC (Allan, Albert) |
| Notice to Brian E. Farnan, Michael J. Farnan, AnnaMartina Tyreus Hufnal, Oliver J. Richards: Pursuant to Local Rule 83.1 you are required to Associate local counsel and File a motion pro hac vice. (Attorney served via NEF) Deadline by 3/31/2023. (rth) |
| Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge W. Carleton Metcalf. This is your only notice - you will not receive a separate document.(rth) |
| Filing 21 Case transferred in from District of Delaware; Case Number 1:23-mc-00090. Original electronic file and docket sheet received. |
| Filing 20 Letter to The Honorable Richard G. Andrews, from Martina Tyreus Hufnal, Esq., advising that no objections will be filed regarding the Memorandum Order (D.I. #16 ). (Hufnal, AnnaMartina) Modified on 3/23/2023 (nms). [Transferred from Delaware on 3/23/2023.] |
| Case transferred to the United States District Court for the Western District of North Carolina. (nms) [Transferred from Delaware on 3/23/2023.] |
| Filing 19 REDACTED VERSION of #13 Sealed Exhibits, by Daimler Truck North America LLC. (Hufnal, AnnaMartina) Modified on 3/14/2023 (nms). [Transferred from Delaware on 3/23/2023.] |
| Filing 18 REDACTED VERSION of #11 Answering Brief in Opposition, by Daimler Truck North America LLC. (Hufnal, AnnaMartina) [Transferred from Delaware on 3/23/2023.] |
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Filing 17
ORDER re #10 MOTION for Leave to File Under Seal filed by Daimler Truck North America LLC. Signed by Judge Sherry R. Fallon on 3/10/2023. (Polito, Rebecca) [Transferred from Delaware on 3/23/2023.]
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Filing 16
MEMORANDUM AND ORDER re #1 MOTION to Transfer Case to United States District Court for the Western District of North Carolina MOTION to Quash filed by US-Lit Chisum 22-B LLC. Signed by Judge Sherry R. Fallon on 3/10/2023. (Polito, Rebecca) [Transferred from Delaware on 3/23/2023.]
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| Filing 15 CERTIFICATE OF SERVICE for Answering Brief (D.I. 11) and Sealed Exhibits (D.I. 13), by Daimler Truck North America LLC. (Hufnal, AnnaMartina) Modified on 3/7/2023 (nms). [Transferred from Delaware on 3/23/2023.] |
| DEFICIENCY NOTICE by the Court issued to Daimler Truck North America LLC re #13 Sealed Exhibits. Upon review it was determined this filing does not comply with Local Rule 5.2(b)(1). Respondent is requested to supplement the docket with a certificate of service for the filing. (nms) [Transferred from Delaware on 3/23/2023.] |
| DEFICIENCY NOTICE by the Court issued to Daimler Truck North America LLC re #11 Sealed Answering Brief in Opposition. Upon review it was determined this filing does not comply with Local Rule 5.2(b)(1). Respondent is requested to supplement the docket with a certificate of service for the filing. (nms) [Transferred from Delaware on 3/23/2023.] |
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SO ORDERED- re #14 MOTION for Pro Hac Vice Appearance of Attorney Oliver J. Richards. Signed by Judge Sherry R. Fallon on 3/7/2023. (lih) [Transferred from Delaware on 3/23/2023.]
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| Pro Hac Vice Attorney Oliver J. Richards for Daimler Truck North America LLC added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb) [Transferred from Delaware on 3/23/2023.] |
| Filing 14 MOTION for Pro Hac Vice Appearance of Attorney Oliver J. Richards - filed by Daimler Truck North America LLC. Motions referred to Sherry R. Fallon.(Hufnal, AnnaMartina) [Transferred from Delaware on 3/23/2023.] |
| Filing 13 [SEALED] EXHIBITS re #12 Declaration by Daimler Truck North America LLC. (Attachments: #1 Exhibit E, #2 Exhibit F, #3 Exhibit G, #4 Exhibit N, #5 Exhibit O, #6 Exhibit P)(Hufnal, AnnaMartina) Modified on 3/7/2023 (lih). [Transferred from Delaware on 3/23/2023.] |
| Filing 12 DECLARATION of Oliver J. Richards re #11 Answering Brief in Opposition by Daimler Truck North America LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Exhibit L, #10 Exhibit M, #11 Exhibit Q, #12 Exhibit R, #13 Exhibit S, #14 Exhibit T)(Hufnal, AnnaMartina) Modified on 3/7/2023 (lih). Modified on 3/7/2023 (nms). [Transferred from Delaware on 3/23/2023.] |
| Filing 11 [SEALED] ANSWERING BRIEF in Opposition re #1 MOTION to Transfer Case to United States District Court for the Western District of North Carolina MOTION to Quash filed by Daimler Truck North America LLC.Reply Brief due date per Local Rules is 3/13/2023. (Hufnal, AnnaMartina) [Transferred from Delaware on 3/23/2023.] |
| Filing 10 MOTION for Leave to File Under Seal - filed by Daimler Truck North America LLC. (Attachments: #1 Exhibit 1 - Protective Order in WDNC, #2 Text of Proposed Order)Motions referred to Sherry R. Fallon.(Hufnal, AnnaMartina) Modified on 3/7/2023 (lih). [Transferred from Delaware on 3/23/2023.] |
| Filing 9 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Daimler Truck AG, Corporate Parent Daimler Trucks & Buses US Holding LLC, Corporate Parent Daimler Truck Holding AG for Daimler Truck North America LLC filed by Daimler Truck North America LLC. (Hufnal, AnnaMartina) [Transferred from Delaware on 3/23/2023.] |
| Filing 8 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by US-Lit Chisum 22-B LLC. (Farnan, Michael) [Transferred from Delaware on 3/23/2023.] |
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Filing 7
ORAL ORDER: The case is now REFERRED to Magistrate Judge Sherry R. Fallon. Ordered by Judge Richard G. Andrews on 2/23/2023. Motions referred to Sherry R. Fallon.(nms) [Transferred from Delaware on 3/23/2023.]
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| REQUEST: Per Magistrate Judge Fallon's Standing Order Regarding Courtesy Copies, which requires two (2) courtesy copies of all briefs and two (2) copies of any other document filed in support of any briefs (i.e., appendices, exhibits, declarations, affidavits etc.), please submit to the Clerk's Office two copies of D.I. numbers #1 through #3 . (lih) [Transferred from Delaware on 3/23/2023.] |
| DEFICIENCY NOTICE issued by the Court to Petitioner and Respondent: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (nms) [Transferred from Delaware on 3/23/2023.] |
| Filing 6 NOTICE of Appearance by AnnaMartina Tyreus Hufnal on behalf of Daimler Truck North America LLC (Hufnal, AnnaMartina) [Transferred from Delaware on 3/23/2023.] |
| Filing 5 Letter to The Honorable Richard G. Andrews from Martina Tyreus Hufnal regarding Opposition to Motion to Transfer. (Hufnal, AnnaMartina) [Transferred from Delaware on 3/23/2023.] |
| Filing 4 Letter to The Honorable Richard G. Andrews, from Michael J. Farnan, regarding consent to transfer. (Farnan, Michael) Modified on 2/22/2023 (nms). [Transferred from Delaware on 3/23/2023.] |
| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb) [Transferred from Delaware on 3/23/2023.] |
| Filing 3 DECLARATION of C. Austin Ginnings in support of D.I. #1 MOTION to Quash Subpoenas and MOTION to Transfer to United States District Court for the Western District of North Carolina by US-Lit Chisum 22-B LLC. (mpb) [Transferred from Delaware on 3/23/2023.] |
| Filing 2 OPENING BRIEF in Support D.I. #1 MOTION to Quash Subpoenas and MOTION to Transfer to United States District Court for the Western District of North Carolina filed by US-Lit Chisum 22-B LLC.Answering Brief/Response due date per Local Rules is 3/6/2023. (mpb) [Transferred from Delaware on 3/23/2023.] |
| Filing 1 MOTION to Quash Subpoenas and MOTION to Transfer to United States District Court for the Western District of North Carolina - filed by US-Lit Chisum 22-B LLC. (Attachments: #1 Civil Cover Sheet, #2 7.1.1 Certification and Certificate of Service)(Miscellaneous Filing Fee $49 paid. Receipt number ADEDC-4070416)(mpb) Modified on 2/22/2023 (nms). [Transferred from Delaware on 3/23/2023.] |
| Remark: Case submitted for routine judicial case assignment. (mpb) [Transferred from Delaware on 3/23/2023.] |
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