Bendfeldt et al v. Window World, Inc. et al
| Bendfeldt, Mike Bendfeldt and Betty Muhr-Bendfeldt |
| Window World, Inc, Window World, Inc. and Associated Materials, LLC |
| 5:2017cv00039 |
| February 22, 2017 |
| US District Court for the Western District of North Carolina |
| Statesville Office |
| XX, Outside State |
| Kenneth D Bell |
| David Keesler |
| Richard Voorhees |
| Anti-Trust |
| 15 U.S.C. § 15 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 1, 2020. A more recent docket listing may be available from PACER.
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| Filing 119 Clerk's Notice Regarding Taxation of Costs. The pending Bill of Costs [Doc. No. 118] is DENIED as premature without prejudice. Signed by Clerk, Frank G. Johns on 7/1/2020 (tmg) |
| Filing 118 BILL OF COSTS by Window World, Inc.. Objection to Bill of Costs due by 5/13/2020 (Attachments: #1 Exhibit A - Itemization of Transcript Fees and Invoices, #2 Affidavit Declaration of Jessica B. Vickers)(Vickers, Jessica) |
| Filing 117 USCA Case Number 20-1494 for #115 Notice of Appeal, USCA Case Manager: Joy Hargett Moore. (reh) |
| Filing 116 Transmission of Notice of Appeal to US Court of Appeals re #115 Notice of Appeal. (nvc) |
| Filing 115 NOTICE OF APPEAL as to #114 Clerk's Judgment, #113 Order on Motion for Summary Judgment by Mike Bendfeldt. Filing fee $ 505, receipt number 0419-4469858. Use this link #www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Fortman, Jonathan) |
| Filing 114 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 3/26/2020. Signed by Clerk, Frank G. Johns. (nvc) Modified text on 3/26/2020 (khm). |
Filing 113
ORDER granting Defendant's #98 Motion for Summary Judgment and the Clerk is directed to close this matter in accordance with this Order. Signed by District Judge Kenneth D. Bell on 3/25/2020. (nvc)
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| Filing 112 NOTICE of Filing of Publicly Available Redacted Document (Document Nos. 108 and 109) by Mike Bendfeldt, Betty Muhr-Bendfeldt (Attachments: #1 Exhibit Document 108 Redacted, #2 Exhibit Document 109 Redacted)(Fortman, Jonathan) |
| Filing 111 REPLY to Response to Motion re #98 MOTION for Summary Judgment by Window World, Inc.. (Attachments: #1 Exhibit 1 - Bendfeldt Dep. Excerpts)(Vickers, Jessica) |
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Filing 110
ORDER granting #107 Motion to Seal (Documents Nos. 108 and 109). Redacted Versions due by 3/10/2020. Signed by Magistrate Judge David Keesler on 3/5/2020. (tmg) Modified text on 3/5/2020 (tmg).
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| Filing 109 Sealed Document (Sealed - Attorney): Amendment to Sole Source Partnership Agreement re: #104 Appendix, #107 MOTION to Seal Document Renewed by Plaintiffs; (available to Associated Materials, LLC, Mike Bendfeldt, Betty Muhr-Bendfeldt, Window World, Inc.) (Fortman, Jonathan) |
| Filing 108 Sealed Document (Sealed - Attorney): Sole Source Partnership Agreement re: #104 Appendix, #107 MOTION to Seal Document Renewed by Plaintiffs; (available to Associated Materials, LLC, Mike Bendfeldt, Betty Muhr-Bendfeldt, Window World, Inc.) (Fortman, Jonathan) |
| Filing 107 MOTION to Seal Document Renewed by Mike Bendfeldt, Betty Muhr-Bendfeldt. Responses due by 3/18/2020 (Fortman, Jonathan). Motions referred to David Keesler. |
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Filing 106
ORDER denying without prejudice #105 Motion to Seal Document (Exhibits). Signed by Magistrate Judge David Keesler on 3/3/2020. (tmg)
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| Filing 105 Unopposed MOTION to Seal Document by Mike Bendfeldt. Responses due by 3/13/2020 (Fortman, Jonathan). Motions referred to David Keesler. |
| Filing 104 Appendix by Mike Bendfeldt. Appendix re: #103 Memorandum in Opposition to Motion (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Fortman, Jonathan) Modified text on 3/3/2020 (kby). |
| Filing 103 MEMORANDUM in Opposition re #98 MOTION for Summary Judgment by Mike Bendfeldt. Replies due by 3/6/2020 (Fortman, Jonathan) |
| Filing 102 Appendix by Window World, Inc.. Appendix re: #99 Memorandum in Support of Motion (Attachments: #1 Exhibit 53 - Des Moines APA, #2 Exhibit 54 - Cedar Rapids APA, #3 Exhibit 55 - Mason City APA, #4 Exhibit 56 - Grand Island APA, #5 Exhibit 57 - Portland APA, #6 Exhibit 58 - Quad Cities APA, #7 Exhibit 59 - Omaha APA, #8 Exhibit 60 - South Dakota APA, #9 Exhibit 61 - Wichita APA, #10 Exhibit 62 - Lincoln APA, #11 Exhibit 63 - Plaintiffs' Supp. Disc. Responses, #12 Exhibit 64 - Plaintiffs' Disc. Responses, #13 Exhibit 65 - 2011 Betty Bendfeldt Email)(Vickers, Jessica) (Attachment 11 and 12 replaced on 2/18/2020, NEF Regenerated) (tmg). |
| Filing 101 Appendix by Window World, Inc.. Appendix re: #99 Memorandum in Support of Motion (Attachments: #1 Exhibit 37 - Cedar Rapids Ack., #2 Exhibit 38 - Mason City Ack., #3 Exhibit 39 - Fargo Ack., #4 Exhibit 40 - Lincoln Ack., #5 Exhibit 41 - Omaha Ack., #6 Exhibit 42 - Sioux Falls Ack., #7 Exhibit 43 - Des Moines Ack., #8 Exhibit 44 - Wichita Ack., #9 Exhibit 45 - Davenport Ack., #10 Exhibit 46 - 2011 FDD Part 1, #11 Exhibit 46 - 2011 FDD Part 2, #12 Exhibit 46 - 2011 FDD Part 3, #13 Exhibit 47 - Bumgarner Dep. Excerpts, #14 Exhibit 48 - Dec. 2010 Bumgarner Email, #15 Exhibit 49 - Oct. 2010 Bumgarner Email, #16 Exhibit 50 - Plaintiffs' 2d Supp. Disc. Responses, #17 Exhibit 51 - 2012 Hulst Email, #18 Exhibit 52 - Fargo P&Ls)(Vickers, Jessica) (Attachment 16 replaced on 2/18/2020, NEF Regenerated) (tmg). |
| Filing 100 Appendix by Window World, Inc.. Appendix re: #99 Memorandum in Support of Motion (Attachments: #1 Exhibit 2 - Kilby Dep. Excerpts, #2 Exhibit 3 - 2001 Des Moines Agreement, #3 Exhibit 4 - 2001 Omaha Agreement, #4 Exhibit 5 - 2002 Des Moines Agreement, #5 Exhibit 6 - Mar. 2002 Omaha Agreement, #6 Exhibit 7 - Oct. 2002 Omaha Agreement, #7 Exhibit 8 - 2003 Lincoln Agreement, #8 Exhibit 9 - 2004 Cedar Rapids Agreement, #9 Exhibit 10 - 2004 Sioux Falls Agreement, #10 Exhibit 11 - 2005 Cedar Rapids Agreement, #11 Exhibit 12 - 2005 Des Moines Agreement, #12 Exhibit 13 - 2005 Sioux Falls Agreement, #13 Exhibit 14 - 2007 Davenport Agreement, #14 Exhibit 15 - 2007 Mason City Agreement, #15 Exhibit 16 - 2007 Omaha Agreement, #16 Exhibit 17 - 2007 Portland Agreement, #17 Exhibit 18 - 2008 Fargo Agreement, #18 Exhibit 19 - 2008 Lincoln Agreement, #19 Exhibit 20 - 2008 Seattle Agreement, #20 Exhibit 21 - 2009 Wichita Agreement, #21 Exhibit 22 - Bendfeldt Dep. Excerpts, #22 Exhibit 23 - Plaintiffs' Counsel's Letter, #23 Exhibit 24 - Deem Dep. Excerpts, #24 Exhibit 25 - Ingle Dep. Excerpts, #25 Exhibit 26 - Luffman Dep. Excerpts, #26 Exhibit 27 - Cedar Rapids Letter, #27 Exhibit 28 - Mason City Letter, #28 Exhibit 29 - Fargo Letter, #29 Exhibit 30 - Lincoln Letter, #30 Exhibit 31 - Omaha Letter, #31 Exhibit 32 - Sioux Falls Letter, #32 Exhibit 33 - Des Moines Letter, #33 Exhibit 34 - Wichita Letter, #34 Exhibit 35 - Davenport Letter, #35 Exhibit 36 - Portland Letter)(Vickers, Jessica) |
| Filing 99 MEMORANDUM in Support re #98 MOTION for Summary Judgment by Window World, Inc.. (Vickers, Jessica) |
| Filing 98 MOTION for Summary Judgment by Window World, Inc.. Responses due by 2/28/2020 (Attachments: #1 Exhibit A - Declaration of Zach Luffman)(Vickers, Jessica) |
| Filing 97 REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Attachments: #1 Envelope) (tmg) |
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Filing 96
ORDER granting #95 Joint Motion for Extension of Time of Scheduling Order Deadlines. Discovery due by 1/31/2020. Signed by Magistrate Judge David Keesler on 12/20/2019. (tmg)
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| Filing 95 Joint MOTION for Extension of Time of Scheduling Order Deadlines by Window World, Inc.. Responses due by 1/3/2020 (Vickers, Jessica). Motions referred to David Keesler. |
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Filing 94
ORDER granting #93 Motion for Extension of Time of Scheduling Order Deadlines. Discovery due by 1/17/2020. Motions due by 2/14/2020. Mediation deadline set for 1/31/2020. Jury Trial set for 7/20/2020 09:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. Signed by Magistrate Judge David Keesler on 8/28/2019. (tmg)
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| Filing 93 Joint MOTION for Extension of Time of Scheduling Order Deadlines by Window World, Inc.. Responses due by 9/10/2019 (Vickers, Jessica). Motions referred to David Keesler. |
| Set/Reset Hearings: Jury Trial reset for 5/18/2020 09:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. (nvc) |
| Case reassigned to District Judge Kenneth D. Bell and Magistrate Judge David Keesler. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document.(nvc) |
| Filing 92 DESIGNATION of Judge John R. Jolly, Jr. as Mediator by all the parties. (Vickers, Jessica) |
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Filing 91
CONSENT PROTECTIVE ORDER re: #90 Motion for Protective Order. Signed by Senior Judge Graham Mullen on 12/11/2018. (nvc)
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| Filing 90 Joint MOTION for Protective Order by Window World, Inc.. Responses due by 12/20/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order Proposed Consent Protective Order)(Vickers, Jessica) |
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Filing 89
Pretrial Order and Case Management Plan: Estimated Trial Time: 5 days. Discovery due by 10/25/2019. Motions due by 12/20/2019. Mediation deadline set for 10/21/2019. Jury Trial set for 5/11/2020 10:00 AM in Courtroom 2-2, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen. Signed by Senior Judge Graham Mullen on 11/19/2018. (tmg)
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| Filing 88 CERTIFICATION of initial attorney conference and discovery plan (Vickers, Jessica) |
| NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 10/17/2018. (tmg) |
| Filing 87 ANSWER to #86 Amended Complaint by Window World, Inc..(Vickers, Jessica) |
| Filing 86 AMENDED COMPLAINT with Jury Demand against Window World, Inc., filed by Betty Muhr-Bendfeldt, Mike Bendfeldt.(Fortman, Jonathan) |
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Filing 85
ORDER granting in part and denying in part #78 Motion for Leave to File a Second Amended Complaint; Plaintiffs may only include their proposed negligent misrepresentation claim. Signed by Senior Judge Graham Mullen on 6/22/2018. (nvc)
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| Filing 84 REPLY to Response to Motion re #78 MOTION to Amend/Correct for Leave to File Second Amended Complaint by Mike Bendfeldt, Betty Muhr-Bendfeldt. (Fortman, Jonathan) |
| Filing 83 MOTION for Extension of Time to File Response/Reply re: #78 MOTION to Amend/Correct for Leave to File Second Amended Complaint by Mike Bendfeldt, Betty Muhr-Bendfeldt. Responses due by 3/28/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order Proposed Order)(Fortman, Jonathan) |
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TEXT-ONLY ORDER granting #83 Motion for Extension of Time. Plaintiffs shall file their Reply to Defendant's Memorandum in Opposition on or before March 26, 2018. Entered by Senior Judge Graham Mullen on 3/14/2018. (STB)
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| Filing 82 MEMORANDUM in Opposition re #78 MOTION to Amend/Correct for Leave to File Second Amended Complaint by Window World, Inc.. Replies due by 3/15/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit Index to Exhibits to Window World's Brief in Opposition to Motion to Amend, #2 Exhibit A - 2002 Des Moines Licensing Agreement, #3 Exhibit B - 2002 Omaha Licensing Agreement, #4 Exhibit C - 2003 Denver Licensing Agreement, #5 Exhibit D - 2004 Sioux Falls Licensing Agreement, #6 Exhibit E - 2004 Cedar Rapids Licensing Agreement, #7 Exhibit F - 2006 S. Cook Licensing Agreement, #8 Exhibit G - 2006 N. Cook Licensing Agreement, #9 Exhibit H - 2006 Reno Licensing Agreement, #10 Exhibit I - 2007 Omaha Licensing Agreement, #11 Exhibit J - 2007 Davenport Licensing Agreement, #12 Exhibit K - 2007 Portland Licensing Agreement, #13 Exhibit L - 2007 Mason City Licensing Agreement, #14 Exhibit M - 2008 Lincoln Licensing Agreement, #15 Exhibit N - 2008 Seattle Licensing Agreement, #16 Exhibit O - 2008 Fargo Licensing Agreement, #17 Exhibit P - 2009 Wichita Licensing Agreement)(Medford, Michael) Modified text on 3/9/2018 (tmg). |
| Reset Deadlines as to #78 MOTION to Amend/Correct for Leave to File Second Amended Complaint. Responses due by 3/8/2018. (tmg) |
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TEXT-ONLY ORDER granting #81 Motion for Extension of Time. Defendant Window World is allowed additional time in which to respond to Plaintiffs' Motion for Leave to File Second Amended Complaint to and including March 8, 2018. Entered by Senior Judge Graham Mullen on 2/20/2018. (STB)
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| Filing 81 Consent MOTION for Extension of Time to File Response/Reply by Window World, Inc.. Responses due by 3/5/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(Vickers, Jessica) |
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Filing 80
ORDER granting #79 Motion for Extension of Time to File Response re #78 MOTION for Leave to File Second Amended Complaint. Responses due by 2/26/2018 plus an additional 3 days if served by mail. Signed by Senior Judge Graham Mullen on 1/23/2018. (nvc)
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| Filing 79 Consent MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Leave to File Second Amended Complaint by Window World, Inc.. Responses due by 2/5/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order)(Vickers, Jessica) |
| Filing 78 MOTION to Amend/Correct for Leave to File Second Amended Complaint by Mike Bendfeldt, Betty Muhr-Bendfeldt. Responses due by 1/26/2018 plus an additional 3 days if served by mail (Attachments: #1 Exhibit Second Amended Complaint, #2 Proposed Order Proposed Order)(Fortman, Jonathan) |
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Filing 77
ORDER granting #76 Motion for Extension of Time to file Amended Complaint until 1/12/2018. Signed by Senior Judge Graham Mullen on 12/27/2017. (eef) Modified text on 12/28/2017 (tmg).
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| Filing 76 Consent MOTION for Extension of Time to Amend re: #75 Order on Motion for Extension of Time, by Mike Bendfeldt, Betty Muhr-Bendfeldt. Responses due by 1/4/2018 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order Proposed Order)(Fortman, Jonathan) |
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Filing 75
ORDER granting #74 Motion for Extension of Time to File. Plaintiffs shall file their Motion to File Second Amended Complaint on or before 12/22/2017. Signed by Senior Judge Graham Mullen on 12/1/2017. (nvc) Modified text on 12/5/2017 (tmg).
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| Filing 74 Joint MOTION for Extension of Time of Scheduling Order Deadlines by Mike Bendfeldt, Betty Muhr-Bendfeldt. Responses due by 12/15/2017 plus an additional 3 days if served by mail (Attachments: #1 Proposed Order Proposed Order)(Fortman, Jonathan) |
| NOTICE pursuant to Local Rule 16.1 you are required to conduct an Initial Attorney's Conference within 14 days. At the conference, the parties are required to discuss the issue of consent to jurisdiction of a magistrate judge in accordance with Local Rules 16.1(A) and 73.1(C). The #Certificate of Initial Attorneys Conference, and if applicable, the #Joint Stipulation of Consent to Exercise jurisdiction by a US Magistrate Judge, should be filed within 7 days of the conference. If appropriate, a party may file a Motion to Stay the Initial Attorney's Conference. CIAC Report due by 12/6/2017. (tmg) |
| Filing 73 ANSWER to #29 Amended Complaint by Window World, Inc..(Medford, Michael) |
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Filing 72
ORDER granting #71 Motion for Extension of Time to Answer re #29 Amended Complaint. Window World, Inc. answer due 11/9/2017. Signed by Senior Judge Graham Mullen on 10/5/2017. (nvc)
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| Filing 71 Consent MOTION for Extension of Time to Answer Complaint by Window World, Inc.. (Attachments: #1 Proposed Order Order Extending Time)(Vickers, Jessica) |
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Filing 70
AMENDED ORDER re #69 Order. Signed by Senior Judge Graham Mullen on 9/27/2017. (nvc)
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Filing 69
ORDER re #35 Motion to Dismiss and #37 Motion to Dismiss. Signed by Senior Judge Graham Mullen on 9/25/2017. (nvc)
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| Case reassigned to Senior Judge Graham Mullen. District Judge Richard Voorhees no longer assigned to the case. This is your only notice - you will not receive a separate document. (tmg) |
| Magistrate Judge David Keesler no longer assigned to case. (tmg) |
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Filing 68
ORDER granting #66 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge David Keesler on 4/25/2017. (nvc)
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Filing 67
ORDER granting #65 Motion for Leave to Appear Pro Hac Vice. Signed by Magistrate Judge David Keesler on 4/25/2017. (nvc)
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| Notice to Larry E. Welch, Jr.: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 5/2/2017. (nvc) |
| Notice to Jonathan E. Fortman: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 5/2/2017. (nvc) |
| Filing 66 MOTION for Leave to Appear Pro Hac Vice as to Jonathan E. Fortman Filing fee $ 281, receipt number 0419-3304591. by Mike Bendfeldt, Betty Muhr-Bendfeldt. (Attachments: #1 Exhibit A - Statement in Support, #2 Exhibit B - Clients' Letter, #3 Exhibit C - Fortman Declaration)(Moss, Joseph). Motions referred to David Keesler. |
| Filing 65 MOTION for Leave to Appear Pro Hac Vice as to Larry E. Welch, Jr. Filing fee $ 281, receipt number 0419-3304534. by Mike Bendfeldt, Betty Muhr-Bendfeldt. (Attachments: #1 Exhibit Statement in Support, #2 Exhibit Clients' Letter, #3 Exhibit Declaration of Larry Welch)(Moss, Joseph). Motions referred to David Keesler. |
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Filing 64
ORDER granting #63 Motion for Extension of Time to File Motions for Pro Hac Vice for Jonathan E. Fortman and Larry E. Welch to and through 4/21/2017. Signed by Magistrate Judge David Keesler on 4/19/2017. (tmg)
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| Filing 63 Consent MOTION for Extension of Time to file motions pro hac vice by Mike Bendfeldt, Betty Muhr-Bendfeldt. Responses due by 5/2/2017 plus an additional 3 days if served by mail (Holtgrewe, Matthew). Motions referred to David Keesler. |
| Filing 62 NOTICE of Appearance by Matthew Michael Holtgrewe on behalf of All Plaintiffs (Holtgrewe, Matthew) |
| Filing 61 NOTICE of Appearance by Joseph W. Moss, Jr on behalf of All Plaintiffs (Moss, Joseph) |
| SECOND Notice to Jonathan Fortman, Larry Welch, Steve Miller: Pursuant to Local Rule 83.1 you are required to Associate Local Counsel and File a motion pro hac vice. Deadline by 4/18/2017. (tmg) |
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Filing 60
ORDER granting #59 Motion to Withdraw as Attorney. Attorney Monica L. Freeman and Edward H. Tricker terminated. Signed by Magistrate Judge David Keesler on 3/14/2017. (nvc)
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| Filing 59 MOTION to Withdraw as Attorney by Associated Materials, LLC. (Attachments: #1 Proposed Order)(Kutny, Mark). Motions referred to David Keesler. |
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Filing 58
ORDER granting #56 Motion for Leave to Appear Pro Hac Vice added Guenther K. Fanter for Associated Materials, LLC. Signed by Magistrate Judge David Keesler on 3/8/2017. (tmg)
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Filing 57
ORDER granting #55 Motion for Leave to Appear Pro Hac Vice added Ernest Vargo for Associated Materials, LLC. Signed by Magistrate Judge David Keesler on 3/8/2017. (tmg)
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| Notice to Guenther Fanter: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/16/2017. (tmg) |
| Notice to Ernest Vargo: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/16/2017. (tmg) |
| Filing 56 MOTION for Leave to Appear Pro Hac Vice as to Guenther Karl Fanter Filing fee $ 281, receipt number 0419-3260734. by Associated Materials, LLC. (Attachments: #1 Exhibit A - Statement in Support, #2 Exhibit B - Certificate, #3 Exhibit C - Associated Materials Letter)(Kutny, Mark). Motions referred to David Keesler. |
| Filing 55 MOTION for Leave to Appear Pro Hac Vice as to Ernest E. Vargo Filing fee $ 281, receipt number 0419-3260716. by Associated Materials, LLC. (Attachments: #1 Exhibit A - Statement in Support, #2 Exhibit B - Certificate, #3 Exhibit C - Associated Materials Letter)(Kutny, Mark). Motions referred to David Keesler. |
| Filing 54 NOTICE of Appearance by Mark Raymond Kutny on behalf of Associated Materials, LLC (Kutny, Mark) |
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Filing 53
ORDER granting #52 Motion to Withdraw as Attorney. Attorney Michael F. Coyle and Robert W. Futhey terminated. Signed by Magistrate Judge David Keesler on 3/2/2017. (nvc)
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| Filing 52 MOTION to Withdraw as Attorney by Window World, Inc.. (Attachments: #1 Proposed Order Proposed Order Granting Withdrawal)(Vickers, Jessica). Motions referred to David Keesler. |
| Filing 51 Case transferred in from District of Nebraska; Case Number 8:15-cv-00377. Original electronic file and docket sheet received. |
| Case transferred to Western District of North Carolina. Original electronic file sent. (TCL) [Transferred from Nebraska on 2/22/2017.] |
| Case assigned to District Judge Richard Voorhees 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.(rth) |
| Notice to Jonathan Fortman, Larry Welch, Steve Miller: Pursuant to Local Rule 83.1 you are required to Associate Local Counsel, File a motion pro hac vice, and Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/1/2017. (rth) |
| Notice to Edward Tricker, Ernest Vargo, Guenther Fanter, Monica Freeman: Pursuant to Local Rule 83.1 you are required to Associate Local Counsel, File a motion pro hac vice, and Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/1/2017. (rth) |
| Set/Reset Deadlines: Terminated 3/8/17 Answer Due Date for Associated Materials, LLC and Window World, Inc. due to defendants' pending motions to dismiss (#35 and #37). (rth) |
| Notice to Michael Coyle, Robert Futhey: Pursuant to Local Rule 83.1 you are required to File a motion pro hac vice and Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/1/2017. (rth) Modified text to remove Natalie Rice on 2/22/2017 (rth). |
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Filing 50
ORDER denying #49 Motion to Reconsider defendant Window World's Inc.'s Motion to Dismiss. Ordered by Senior Judge Joseph F. Bataillon. (ADB) [Transferred from Nebraska on 2/22/2017.]
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| Filing 49 MOTION to Dismiss Reasserted Rule 12(b)(6) by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
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Filing 48
MEMORANDUM AND ORDER - THEREFORE, IT IS ORDERED THAT: Defendant's motion to transfer, Filing No. #37 , pursuant to forum selection clauses and 28 U.S.C. 1404(a) and the doctrine of forum non conveniens, is granted. The Clerk of Court is hereby ordered to transfer this case to the United States Federal Court for the Western District of North Carolina. Ordered by Senior Judge Joseph F. Bataillon. (TCL) [Transferred from Nebraska on 2/22/2017.]
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| Filing 47 NOTICE of regarding MOTION to Dismiss or Transfer #37 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC (Attachments: #1 Exhibit A)(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 46 BRIEF in support of MOTION to Dismiss or Transfer #37 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
| Filing 45 REPLY BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
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Filing 44
TEXT ORDER granting #42 Defendant Window World Inc.'s Motion for Extension of Time to File Reply Brief and granting #43 Defendant Associated Materials, LLC's Motion for Extension of Time to File Reply Brief. Both Defendants shall have an extension of time until June 6, 2016, to file a reply to their respective Motions to Dismiss or Transfer #35 #37 . Ordered by Magistrate Judge F.A. Gossett. (SMN) [Transferred from Nebraska on 2/22/2017.]
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| Filing 43 MOTION to Extend Time to File Reply Brief in Support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 42 MOTION to Extend Time to File Reply Brief In Support of Motion to Dismiss by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
| Filing 41 BRIEF in opposition to MOTION to Dismiss or Transfer #37 , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Jonathan E. Fortman on behalf of Plaintiffs Mike Bendfeldt, Betty Muhr-Bendfeldt.(Fortman, Jonathan) [Transferred from Nebraska on 2/22/2017.] |
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Filing 40
TEXT ORDER granting #39 the plaintiffs' Motion for Enlargement of Briefing Deadline. Plaintiffs shall have an extension of time until May 11, 2016, to file their response to the defendants' motions to dismiss #35 and #37 . Ordered by Magistrate Judge F.A. Gossett. (SMN) [Transferred from Nebraska on 2/22/2017.]
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| Filing 39 MOTION to Extend Briefing Deadline by Attorney Larry E. Welch, Jr on behalf of Plaintiffs Mike Bendfeldt, Betty Muhr-Bendfeldt.(Welch, Larry) [Transferred from Nebraska on 2/22/2017.] |
| Filing 38 BRIEF in support of MOTION to Dismiss or Transfer #37 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
| Filing 37 MOTION to Dismiss or Transfer by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
| Filing 36 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #35 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
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Filing 34
ORDER that this matter is before the Court on defendant Associated Materials, LLC's motion to dismiss, Filing No. 21, and defendant Window World, Inc.'s motion to dismiss, Filing No. 26. Subsequent to the filings of these motions, plaintiff filed an Amended Complaint, Filing No. 29. As a result, all motions are moot at this time. Defendants are free to file appropriate motions or answers as they deem fit with regard to the Amended Complaint. THEREFORE, IT IS ORDERED THAT: Defendant's motion to dismiss, Filing No. 21, is denied as moot; Defendant's motion to dismiss, Filing No. 26, is denied as moot. Ordered by Senior Judge Joseph F. Bataillon. (ADB) [Transferred from Nebraska on 2/22/2017.]
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Filing 33
TEXT ORDER granting #32 Motion to Extend. Defendant Window World shall file its answer or otherwise respond to plaintiff's amended complaint, on or before 4/6/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) [Transferred from Nebraska on 2/22/2017.]
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| Filing 32 MOTION to Extend Time to File Answer or Other Responsive Pleading by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
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Filing 31
TEXT ORDER granting #30 Motion for Extension of Time to File a Responsive Pleading. Associated Materials, LLC shall file its answer or response on or before 4/6/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) Modified on 3/2/2016 to add TEXT to the entry as a PDF document is not attached (ADB). [Transferred from Nebraska on 2/22/2017.]
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| Filing 30 MOTION for Extension of Time to File a Responsive Pleading by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 29 AMENDED COMPLAINT with with jury demand against Defendant All Defendants, by Attorney Jonathan E. Fortman on behalf of Betty Muhr-Bendfeldt, Mike Bendfeldt(Fortman, Jonathan) [Transferred from Nebraska on 2/22/2017.] |
| Filing 28 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #26 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc.. (Attachments: #1 Exhibit A - Vickers Declaration, #2 Exhibit B Kilby Declaration, #3 Exhibit C - Curan Declaration)(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
| Filing 27 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #26 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
| Filing 26 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
| Filing 25 APPLICATION/ORDER admitting pro hac vice Attorney Guenther K. Fanter for Defendant Associated Materials, LLC. Ordered by Deputy Clerk. (LAC) [Transferred from Nebraska on 2/22/2017.] |
| Filing 24 APPLICATION/ORDER admitting pro hac vice Attorney Ernest E. Vargo for Defendant Associated Materials, LLC. Ordered by Deputy Clerk. (LAC) [Transferred from Nebraska on 2/22/2017.] |
| Filing 23 INDEX in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #21 , Brief #22 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC. (Attachments: #1 Exhibit Declaration)(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 22 BRIEF in support of MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #21 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 21 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 20 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Robert W. Futhey on behalf of Defendant Window World, Inc..(Futhey, Robert) [Transferred from Nebraska on 2/22/2017.] |
| Filing 19 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
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Filing 18
AMENDED TEXT ORDER granting #13 unopposed Motion for Extension of Time to File a Responsive Pleading. Associated Materials, LLC answer or response due 1/29/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) Modified on 12/23/2015 to correct discrepancy (ARL, ). [Transferred from Nebraska on 2/22/2017.]
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Filing 17
TEXT ORDER granting #11 unopposed Motion for Extension of Time to File a Responsive Pleading. Window World, Inc. answer or response due 1/29/2016. Ordered by Magistrate Judge F.A. Gossett. (ARL, ) [Transferred from Nebraska on 2/22/2017.]
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| Filing 16 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Associated Materials, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) [Transferred from Nebraska on 2/22/2017.] |
| Filing 15 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Window World, Inc.. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(ADB, ) [Transferred from Nebraska on 2/22/2017.] |
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Filing 14
REASSIGNMENT ORDER - IT IS ORDERED that this case is reassigned to Magistrate Judge F.A. Gossett, III, for judicial supervision and processing of all pretrial matters and remains assigned to the undersigned for disposition. Ordered by Senior Judge Joseph F. Bataillon. (TCL) [Transferred from Nebraska on 2/22/2017.]
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| Filing 13 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC.(Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 12 NOTICE of Appearance by Attorney Edward H. Tricker on behalf of Defendant Associated Materials, LLC (Tricker, Edward) [Transferred from Nebraska on 2/22/2017.] |
| Filing 11 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading to January 29, 2016 by Attorney Michael F. Coyle on behalf of Defendant Window World, Inc..(Coyle, Michael) [Transferred from Nebraska on 2/22/2017.] |
| Filing 10 NOTICE of Appearance by Attorney Steve A. Miller on behalf of Plaintiffs Mike Bendfeldt, Betty Muhr-Bendfeldt (Miller, Steve) [Transferred from Nebraska on 2/22/2017.] |
| Filing 9 APPLICATION/ORDER admitting pro hac vice Attorney Judson A. Welborn for Defendant Window World, Inc.. Ordered by Deputy Clerk. (LAC) [Transferred from Nebraska on 2/22/2017.] |
| Filing 8 APPLICATION/ORDER admitting pro hac vice Attorney Jessica B. Vickers for Defendant Window World, Inc.. Ordered by Deputy Clerk. (LAC) [Transferred from Nebraska on 2/22/2017.] |
| Filing 7 APPLICATION/ORDER admitting pro hac vice Attorney Natalie M. Rice for Defendant Window World, Inc.. Ordered by Deputy Clerk. (LAC) [Transferred from Nebraska on 2/22/2017.] |
| Filing 6 APPLICATION/ORDER admitting pro hac vice Attorney Michael T. Medford for Defendant Window World, Inc.. Ordered by Deputy Clerk. (LAC) [Transferred from Nebraska on 2/22/2017.] |
| Filing 5 Summons Issued as to defendant Associated Materials, LLC and Window World, Inc. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (LAC) [Transferred from Nebraska on 2/22/2017.] |
| Filing 4 Summons Requested as to Associated Materials, LLC regarding Complaint #1 . (Fortman, Jonathan) [Transferred from Nebraska on 2/22/2017.] |
| Filing 3 Summons Requested as to Window World, Inc. regarding Complaint #1 . (Fortman, Jonathan) [Transferred from Nebraska on 2/22/2017.] |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Thomas D. Thalken assigned. (KLF) [Transferred from Nebraska on 2/22/2017.] |
| Filing 1 COMPLAINT with jury demand against Associated Materials LLC, Window World, Inc. ( Filing fee $ 400, receipt number 0867-3056177), by Attorney Jonathan E. Fortman on behalf of Betty Muhr-Bendfeldt, Mike Bendfeldt(Fortman, Jonathan) [Transferred from Nebraska on 2/22/2017.] |
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