1st Choice Housing, Inc. v. Buller River Development Partners
Plaintiff: 1st Choice Housing and 1st Choice Housing, Inc.
Defendant: Buller River Development Partners
Case Number: 5:2023cv00112
Filed: July 13, 2023
Court: US District Court for the Western District of North Carolina
Presiding Judge: Kenneth D Bell
Referring Judge: Susan C Rodriguez
Nature of Suit: Contract: Recovery/Enforcement
Cause of Action: 23 U.S.C. ยง 1441 Contract Real Estate
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2023 Filing 13 Pretrial Order and Case Management Plan: Estimated Trial Time: Three (3) - Four (4) Days. Mediator Designation deadline set for 11/7/2023. Discovery due by 5/8/2024. Mediation deadline set for 5/8/2024. Motions due by 6/10/2024. Jury Trial set for 11/18/2024 09:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. Signed by US Magistrate Judge Susan C. Rodriguez on 9/8/2023. (brl)
August 14, 2023 Filing 12 CERTIFICATION of initial attorney conference and discovery plan (Merritt, Keith)
August 9, 2023 Filing 11 REPLY to Response to Motion re #4 MOTION to Dismiss for Failure to State a Claim by Buller River Development Partners. (Caudill, Bo)
August 3, 2023 Filing 10 MEMORANDUM in Opposition re #4 MOTION to Dismiss for Failure to State a Claim by 1st Choice Housing, Inc.. Replies due by 8/10/2023 (Attachments: #1 Exhibit 1 1st Choice- Lot 10 Deed 149 Gemstone, #2 Exhibit 2 Complete Zillow Listing for 15 Lots)(Merritt, Keith)
August 3, 2023 Filing 9 Corporate Disclosure Statement by 1st Choice Housing, Inc.. (Merritt, Keith)
August 3, 2023 Filing 8 Notice of Substitution of Counsel by Keith John Merritt on behalf of 1st Choice Housing, Inc., Attorney Alan G. Carpenter and J. Brantley Ostwalt, Jr terminated. (Attachments: #1 Exhibit 1 Signed Consent to Sub Counsel)(Merritt, Keith)
July 24, 2023 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 8/14/2023. (mek)
July 22, 2023 Filing 7 NOTICE of Certificate of Settlement Conference Pursuant to Standing Order 5:19-mc-5. Result: Unable to resolve. (Caudill, Bo)
July 21, 2023 Filing 6 NOTICE of Delay in Filing Certificate of Settlement Conference (Caudill, Bo) Modified text on 7/25/2023 (mek).
July 20, 2023 Filing 5 ANSWER to Complaint with Jury Demand by Buller River Development Partners.(Caudill, Bo)
July 20, 2023 Filing 4 MOTION to Dismiss for Failure to State a Claim by Buller River Development Partners. Responses due by 8/3/2023 (Attachments: #1 Memorandum in Support of Motion to Dismiss) (Caudill, Bo). Motions referred to Susan C. Rodriguez.
July 20, 2023 Filing 3 NOTICE of Delay in Filing Certificate of Settlement Conference by Buller River Development Partners (Caudill, Bo)
July 13, 2023 Filing 2 Corporate Disclosure Statement by Buller River Development Partners. (Caudill, Bo)
July 13, 2023 Filing 1 NOTICE OF REMOVAL from Superior Court of Iredell County, case number 23-CVS-1569. (Filing fee $ 402 receipt number ANCWDC-6141838), filed by Buller River Development Partners. (Attachments: #1 Appendix Index of Exhibits to Notice of Removal, #2 Exhibit A - Complaint, #3 Exhibit B - Summons, #4 Exhibit C - Certification of Removal)(Caudill, Bo)
July 13, 2023 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. (tlj)
July 13, 2023 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.(tlj)

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Plaintiff: 1st Choice Housing
Represented By: Alan G. Carpenter
Represented By: J. Brantley Ostwalt, Jr.
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Plaintiff: 1st Choice Housing, Inc.
Represented By: Alan G. Carpenter
Represented By: J. Brantley Ostwalt, Jr.
Represented By: Keith John Merritt
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Defendant: Buller River Development Partners
Represented By: Bo Brandon Caudill
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