Graham v. Merchants Metals Inc
Plaintiff: James C. Graham
Defendant: Merchants Metals Inc
Case Number: 5:2002cv00140
Filed: November 12, 2002
Court: US District Court for the Western District of North Carolina
Presiding Judge: Carl Horn
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1981 Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 8, 2005. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 8, 2005 Opinion or Order Filing 77 ORDER granting #76 Joint Motion to Dismiss; matter is dismissed w/prej; each party shall bear its own costs and attys fees. Signed by Judge Carl Horn III on 8/8/2005. (Bouchard, Carolyn)
August 5, 2005 Opinion or Order Filing 78 ORDER allowing plf through 9/16/05 to respond to mot/exclude Keith Norris as expert witness & dft's mot/sj. Signed by Judge Carl Horn III on 8/5/2005. (Bouchard, Carolyn)
August 5, 2005 Filing 76 JOINT MOTION to Dismiss by James C. Graham, Merchants Metals Inc. Responses due by 8/5/2005 (Bouchard, Carolyn)
July 28, 2005 Filing 75 MOTION for Extension of Time of 45 days to File Response/Reply as to #71 MOTION to exclude Keith Norris as an expert witness, #73 MOTION for Summary Judgment by James C. Graham. Responses due by 8/11/2005 (Attachments: #1 Text of Proposed Order)(Bouchard, Carolyn)
July 15, 2005 Filing 74 MEMORANDUM in Support re #73 MOTION for Summary Judgment filed by Merchants Metals Inc. (Attachments: #1 Exhibit a-b#2 Exhibit c-i#3 Exhibit j-part 1#4 Exhibit j-part 2 thru m)(Bouchard, Carolyn)
July 15, 2005 Filing 73 MOTION for Summary Judgment by Merchants Metals Inc. Responses due by 7/29/2005 (Bouchard, Carolyn)
July 15, 2005 Filing 72 MEMORANDUM in Support re #71 MOTION to exclude Keith Norris as an expert witness filed by Merchants Metals Inc. (Bouchard, Carolyn)
July 15, 2005 Filing 71 MOTION to exclude Keith Norris as an expert witness by Merchants Metals Inc. Responses due by 7/29/2005 (Bouchard, Carolyn)
June 21, 2005 CASE NOT SCHEDULED FOR TRIAL ON 7/11/05 pursuant to Judge Horn's office; trial date scheduled in 8/26/04 original pretrial order terminated on 8/31/04; 7/11/05 trial date was mistakenly set for Judge Voorhees' term of court (Bouchard, Carolyn)
June 13, 2005 Opinion or Order Filing 70 ORDER granting #69 Motion to Amend/Correct . Signed by Judge Carl Horn III on 6/13/05. (Evans, Tammy)
June 13, 2005 Filing 69 MOTION to Amend/Correct #22 Answer to Amended Complaint by Merchants Metals Inc. Responses due by 6/27/2005 (Bouchard, Carolyn)
May 19, 2005 Opinion or Order Filing 68 CONSENT PROTECTIVE ORDER. Signed by Judge Carl Horn III on 5/19/2005. (Bouchard, Carolyn)
May 12, 2005 Filing 67 REPLY to Response to Motion re #65 MOTION to Withdraw #63 Motion to Quash filed by Merchants Metals Inc. (Attachments: #1 Exhibit 1)(Bouchard, Carolyn)
May 3, 2005 Filing 66 RESPONSE to Motion re #65 MOTION to Withdraw #63 Motion to Quash filed by James C. Graham. (Attachments: #1 Exhibit 1-11)(Bouchard, Carolyn)
April 29, 2005 Filing 65 MOTION to Withdraw #63 Motion to Quash by Merchants Metals Inc. Responses due by 5/13/2005 (Bouchard, Carolyn)
April 25, 2005 Filing 64 Notice of Withdrawal of Depo of Mike Tomlin by James C. Graham (cbb)
April 18, 2005 Filing 63 OBJECTION AND MOTION by Merchants Metals Inc to Quash Subpoena to custodian of personnel and employee records of Merchants Metals Inc referred to: Magistrate Judge Carl Horn III (tme)
April 7, 2005 Filing 62 NOTICE by James C. Graham to take deposition of Custodian of Personnel & Employee Records of larry Massey, Phil Crawford, Mike tomlin, James Graham, et al, on 5/12/05 at 9 am at office of Homesley, Jones, Gaines & Dudley (cbb)
April 7, 2005 Filing 61 NOTICE by James C. Graham to take deposition of Mike Tomlin on 5/13/05 at 2 pm at office of Homesley, Jones, Gaines & Dudley (cbb)
April 7, 2005 Filing 60 NOTICE by James C. Graham to take deposition of Phil Crawford on 5/13/05 at 11 am at offices of Homesley, Jones, Gaines & Dudley (cbb)
April 7, 2005 Filing 59 NOTICE by James C. Graham to take deposition of Larry Massey on 5/13/05 at 9 am at office of Homesley, Jones, Gaines & Dudley (cbb)
April 1, 2005 Opinion or Order Filing 58 ORDER granting [57-1] motion for Ronald B. Gaither, Jr. to Appear Pro Hac Vice ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 4/1/05] cc: attys of record (cbb)
March 29, 2005 Filing 57 MOTION by Merchants Metals Inc for Ronald B. Gaither, Jr. to Appear Pro Hac Vice w/cs $100.00 amd fee pd Receipt #14284 referred to: Magistrate Judge Carl Horn III cc: CH (cbb)
March 18, 2005 Opinion or Order Filing 56 ORDER granting [54-1] motion to modify IPCO & Extend Time for 3 mos to initiate & complete discovery, reset Discovery deadline to 6/15/05 , reset Motion Filing deadline to 7/15/05 plf's time to resp to dft's 1st interrogs & 1st req/prod/dcmts ext to 4/15/05 ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 3/18/05] cc: attys of record (cbb)
March 14, 2005 Filing 55 NOTICE of Attorney Appearance for James C. Graham by Mitchell P. Johnson (cbb)
March 8, 2005 Filing 54 MOTION by James C. Graham to modify IPCO & Extend Time for 3 mos to initiate & complete discovery w/cs referred to: Magistrate Judge Carl Horn III cc: CH (cbb)
February 4, 2005 Opinion or Order Filing 53 ORDER denying [49-1] motion to Dismiss action in its entirety, granting [49-2] motion to Compel plf to resp to MMI's disc requests, denying [49-3] motion for Attorney Fees & costs incurred in prep & filing of this motion; plf to serve full & complete responses to outstanding discovery by 3/4/05 ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 2/4/05] cc: plf, atty for dft (cbb)
January 5, 2005 Filing 52 Mediator's Report by mediator Naomi Harkavy Result: impasse - terminated mediator Naomi Harkavy cc: CH (tme)
December 30, 2004 Opinion or Order Filing 51 ORDER granting [50-1] motion to Extend Time to complete disc from 12/31/04 to 2/28/05 & to ext all subsequent ddls in IPC order, reset Discovery deadline to 2/28/05 , reset Motion Filing deadline to 3/31/05 ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 12/30/04] cc: attys of record (cbb)
December 28, 2004 Filing 50 MOTION by Merchants Metals Inc to Extend Time to complete disc from 12/31/04 to 2/28/05 & to ext all subsequent ddls in IPC order w/cs referred to: Magistrate Judge Carl Horn III cc: CH (cbb)
December 28, 2004 Filing 49 MOTION by Merchants Metals Inc to Dismiss action in its entirety , or alternatively, to Compel plf to resp to MMI's disc requests , and for Attorney Fees & costs incurred in prep & filing of this motion w/cs referred to: Magistrate Judge Carl Horn III cc: CH (cbb)
December 28, 2004 Opinion or Order Filing 48 ORDER granting [45-1] motion for David Long-Daniels to Appear Pro Hac Vice ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 12/28/04] cc: attys of record (cbb)
December 22, 2004 Opinion or Order Filing 47 ORDER granting [44-1] motion for Romallus O. Murphy to Withdraw as Attorney (Terminated attorney Romallus O. Murphy for James C. Graham ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 12/22/04] (tme)
December 22, 2004 Filing 46 AFFIDAVIT of David Long-Daniels filed by Merchants Metals Inc re: [45-1] motion for David Long-Daniels to Appear Pro Hac Vice (tme)
December 22, 2004 Filing 45 MOTION by Merchants Metals Inc for David Long-Daniels to Appear Pro Hac Vice cc: CH (tme)
December 22, 2004 PHV Fee Paid for David Long-Daniels; FEE $ 100.00 RECEIPT # 14081 (tme)
December 16, 2004 Filing 44 MOTION by James C. Graham for Romallus O. Murphy to Withdraw as Attorney cc: CH (tme)
September 30, 2004 Filing 43 Notice of Withdrawal by James C. Graham [42-1] motion for Romallus O. Murphy to Withdraw as Attorney; w/cs (cbb)
September 23, 2004 Filing 42 MOTION by atty for James C. Graham for Romallus O. Murphy to Withdraw as Attorney referred to: Magistrate Judge Carl Horn III (cbb)
August 31, 2004 Opinion or Order Filing 41 AMENDED INITIAL PRETRIAL ORDER Discovery deadline is 1/3/05 Motion filing deadline is 1/31/05 before Magistrate Judge Carl Horn III ETT: 2-1/2 days Case suitable for mediation Court will enter order ( signed by Magistrate Judge Carl Horn III ) cc: attys of record (cbb)
August 26, 2004 Opinion or Order Filing 40 INITIAL PRETRIAL ORDER IPC held 10:00 8/24/04 Discovery deadline is 1/3/05 Motion filing deadline is 1/31/05 Jury Trial set for 7/11/05 before Magistrate Judge Carl Horn III ETT: 2-1/2 days Case suitable for mediation Court will enter order( signed by Magistrate Judge Carl Horn III ) cc: attys of record (cbb)
August 26, 2004 Opinion or Order Filing 39 ORDER referring case to ADR. Jonathan R. Harkavy appointed. ( signed by Magistrate Judge Carl Horn III ) cc: cc: attys of record, mediator (cbb)
August 9, 2004 Filing 38 CONSENT/REFUSAL to Magistrate Jurisdiction by Merchants Metals Inc, James C. Graham - Consent (cbb)
August 9, 2004 Filing 37 Substitution of Counsel terminating attorney Robert M. Sneed for Merchants Metals Inc, attorney George A. Harper for Merchants Metals Inc and substituting Paul H. Derrick cc: CH (cbb)
July 23, 2004 Opinion or Order Filing 36 ORDER, set for IPC at 10:00 8/24/04 before Magistrate Judge Carl Horn III ( signed by Magistrate Judge Carl Horn III ) [EOD DATE: 7/23/04] cc: attys of record (cbb)
July 12, 2004 Filing 35 Certificate of I.A.C. and Discovery Plan by defendant Merchants Metals Inc, plaintiff James C. Graham cc: CH (cbb)
May 20, 2004 Filing 34 CASE reassigned to Magistrate Judge Carl Horn III - notice of reassignment mailed to parties. (tme)
May 14, 2004 Filing 33 CASE reassigned to Judge Richard L. Voorhees - notice of reassignment mailed to parties. (cbb)
May 7, 2004 Filing 32 CASE reassigned to Magistrate Judge David C. Keesler - notice of reassignment mailed to parties. (cbb)
May 6, 2004 Opinion or Order Filing 31 ORDER, Transferring Case to Mag Judge David Keesler ( signed by Judge Richard L. Voorhees ) [EOD DATE: 5/7/04] cc: attys of record (cbb)
December 3, 2003 Opinion or Order Filing 30 ORDER granting [24-1] motion for Thomas J. Ervin to Withdraw as Attorney (Terminated attorney Thomas J. Ervin for Merchants Metals Inc ( signed by Judge Richard L. Voorhees ) [EOD DATE: 12/3/03] (tme)
December 3, 2003 Opinion or Order Filing 29 ORDER granting [25-1] motion for George A. Harper to Appear Pro Hac Vice; $100.00 admission fee due ( signed by Judge Richard L. Voorhees ) [EOD DATE: 12/3/03] (tme)
November 17, 2003 Filing 28 AMENDED COMPLAINT by James C. Graham amending [1-1] complaint cc: attys of record (cbb)
November 17, 2003 Opinion or Order Filing 27 ORDER granting [20-1] motion to Amend [1-1] complaint; Clk shall filed proposed amd cmp ( signed by Judge Richard L. Voorhees ) [EOD DATE: 11/17/03] cc: attys of record (cbb)
November 13, 2003 Filing 26 AFFIDAVIT of George A.Harper filed by Merchants Metals Inc re: [25-1] motion for George A. Harper to Appear Pro Hac Vice (tme)
November 13, 2003 Filing 25 MOTION by Merchants Metals Inc for George A. Harper to Appear Pro Hac Vice cc: RLV (tme)
November 13, 2003 Filing 24 MOTION by Merchants Metals Inc for Thomas J. Ervin to Withdraw as Attorney cc: RLV (tme)
October 24, 2003 Opinion or Order Filing 23 ORDER granting [21-1] motion to Extend Time to 10/22/03 to respond to mot/amd cmp w/attached proposed amd cmp ( signed by Judge Richard L. Voorhees ) [EOD DATE: 10/24/03] (tme)
October 22, 2003 Filing 22 ANSWER by Merchants Metals Inc to amended complaint; w/cs cc: RLV (cbb)
October 8, 2003 Filing 21 MOTION by Merchants Metals Inc to Extend Time to 10/22/03 to respond to mot/amd cmp w/attached proposed amd cmp w/cs cc: RLV (cbb)
September 17, 2003 Filing 20 MOTION by James C. Graham to Amend [1-1] complaint Proposed amd cmp attached cc: RLV (cbb)
August 28, 2003 Opinion or Order Filing 19 ORDER of Case Reassignment to Judge Richard L. Voorhees ( signed by Honorable H. B. McKnight ) [EOD DATE: 8/29/03] cc: attys of record (cbb)
August 26, 2003 Opinion or Order Filing 18 ORDER granting [14-1] motion for retroactive Extension of Time to respond to mot/dism, granting [9-1] motion to Dismiss for failure to state a clm upon which relief can be granted; Court reserves jgmt on plf's mot/amend (contained in doc no 15) until plf files proposed amd cmp, dft responds & plf replies ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 8/26/03] cc: attys of record cc: attys of record (cbb)
June 26, 2003 Opinion or Order Filing 17 ORDER granting [16-1] motion for John J. Nickerson to Withdraw as Attorney (Terminated attorney John J. Nickerson for James C. Graham ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 6/26/03] (tme)
June 20, 2003 Filing 16 MOTION by James C. Graham for John J. Nickerson to Withdraw as Attorney cc: HBM (tme)
May 30, 2003 Filing 15 RESPONSE by James C. Graham to [9-1] motion to Dismiss for failure to state a clm upon which relief can be granted by Merchants Metals Inc; w/cs cc: HBM (cbb)
May 30, 2003 Filing 14 MOTION by James C. Graham for retroactive Extension of Time to respond to mot/dism w/cs cc: HBM (cbb)
May 30, 2003 Filing 13 NOTICE of Attorney Appearance for James C. Graham by Romallus O. Murphy; w/cs (cbb)
May 12, 2003 Opinion or Order Filing 12 ORDER directing plf to file w/i 15 days resp to mot/dism, Response to Motion reset to 5/30/03 for [9-1] motion to Dismiss for failure to state a clm upon which relief can be granted ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 5/12/03] cc: attys of record (cbb)
March 31, 2003 Filing 11 CONSENT/REFUSAL to Magistrate Jurisdiction by James C. Graham - Consent (tme)
February 14, 2003 Filing 10 MEMORANDUM by Merchants Metals Inc in support of [9-1] motion to Dismiss for failure to state a clm upon which relief can be granted by Merchants Metals Inc; w/cs cc: HBM (cbb)
February 12, 2003 Filing 9 MOTION by Merchants Metals Inc to Dismiss for failure to state a clm upon which relief can be granted w/cs cc: HBM (cbb)
February 12, 2003 Filing 8 ANSWER to Complaint by Merchants Metals Inc; w/cs (cbb)
February 12, 2003 Filing 7 Disclosure of Corporate Affiliations other entities with a direct financial interest in litigation by Merchants Metals Inc cc: HBM (cbb)
February 12, 2003 Filing 6 CONSENT/REFUSAL to Magistrate Jurisdiction by Merchants Metals Inc - Consent (cbb)
January 17, 2003 Opinion or Order Filing 5 ORDER granting [3-1] motion for Thomas J. Ervin to Appear Pro Hac Vice ( signed by Magistrate Judge H. B. McKnight ) [EOD DATE: 1/17/03] (tme)
January 15, 2003 Filing 4 AFFIDAVIT of Thomas J. Ervin filed by Merchants Metals Inc re: [3-1] motion for Thomas J. Ervin to Appear Pro Hac Vice (tme)
January 15, 2003 Filing 3 MOTION by Merchants Metals Inc for Thomas J. Ervin to Appear Pro Hac Vice cc: HBM (tme)
January 15, 2003 Filing 2 NOTICE of Attorney Appearance for Merchants Metals Inc by Robert M. Sneed (tme)
January 15, 2003 PHV for Thomas Ervin Fee Paid; FEE $ 100.00 RECEIPT # 24098 (tme)
November 12, 2002 Filing 1 COMPLAINT Filing Fee $ 150.00 Receipt # 12322 (tme)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the North Carolina Western District Court's Electronic Court Filings (ECF) System

Search for this case: Graham v. Merchants Metals Inc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: James C. Graham
Represented By: John Josef Nickerson
Represented By: Mitchell Paul Johnson
Represented By: Romallus O. Murphy
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Merchants Metals Inc
Represented By: David W. Long-Daniels
Represented By: Ronald B. Gaither, Jr.
Represented By: Thomas J. Ervin
Represented By: George A. Harper
Represented By: Robert Matthew Sneed
Represented By: Paul Hutto Derrick
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?