Buttari et al v. Everette et al
| Samuel A. Buttari, Sr. and Jamie McCann |
| Michael Everette, 88 Freight, LLC and M and C Transfer, LLC |
| 3:2021cv00070 |
| February 10, 2021 |
| US District Court for the Eastern District of Virginia |
| David J Novak |
| Motor Vehicle |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
ORDER (Consolidating Cases). Pursuant to Rule 42(a), and because the two cases involve similar questions of law and fact, Civil Action Nos. 3:21-cv-69 and 3:21-cv-70 are hereby CONSOLIDATED with the lead case being Civil Action No. 3:21-cv-69. Hereafter, any filings need only be filed in the lead case (the "Consolidated Action"). All documents filed to date in each of the consolidated cases are deemed a part of the record in the Consolidated Action. See Order for complete details. It is so ORDERED. Signed by District Judge David J. Novak on 3/23/2021. (sbea,)
|
| Filing 27 REPLY to Response to Motion re #20 MOTION to Dismiss for Failure to State a Claim to Plaintiffs' Amended Complaint filed by 88 Freight, LLC. (Lewis, Lindsey) |
| Filing 26 Memorandum in Opposition re #20 MOTION to Dismiss for Failure to State a Claim to Plaintiffs' Amended Complaint filed by Samuel A. Buttari, Sr, Jamie McCann. (Attachments: #1 Exhibit, #2 Exhibit)(Speer, Eric) |
| Filing 25 REPLY to Response to Motion re #15 MOTION to Dismiss for Failure to State a Claim as to Count II of the Amended Complaint filed by Michael Everette, M and C Transfer, LLC. (O'Grady, Brian) |
| Filing 24 Memorandum Regarding Consolidation in Response to #12 Order,,,, filed by 88 Freight, LLC. (Lewis, Lindsey) |
| Filing 23 Brief in Support to #12 Order,,,, Memorandum in Support of Consolidation filed by Michael Everette, M and C Transfer, LLC. (O'Grady, Brian) |
| Filing 22 Memorandum in Opposition re #15 MOTION to Dismiss for Failure to State a Claim as to Count II of the Amended Complaint filed by Samuel A. Buttari, Sr, Jamie McCann. (Martin, Kelly) |
| Filing 21 Memorandum in Support re #20 MOTION to Dismiss for Failure to State a Claim to Plaintiffs' Amended Complaint filed by 88 Freight, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lewis, Lindsey) |
| Filing 20 MOTION to Dismiss for Failure to State a Claim to Plaintiffs' Amended Complaint by 88 Freight, LLC. (Lewis, Lindsey) |
| Filing 19 NOTICE of Appearance by Stanley Paul Wellman on behalf of Michael Everette, M and C Transfer, LLC (Wellman, Stanley) |
| Filing 18 Brief in Support to #12 Order,,,, of Consolidation filed by Samuel A. Buttari, Sr, Jamie McCann. (Martin, Kelly) |
| Filing 17 ANSWER to Complaint by Michael Everette, M and C Transfer, LLC.(O'Grady, Brian) |
| Filing 16 Memorandum in Support re #15 MOTION to Dismiss for Failure to State a Claim as to Count II of the Amended Complaint filed by Michael Everette, M and C Transfer, LLC. (O'Grady, Brian) |
| Filing 15 MOTION to Dismiss for Failure to State a Claim as to Count II of the Amended Complaint by Michael Everette, M and C Transfer, LLC. (O'Grady, Brian) |
| Filing 14 NOTICE of Appearance by Eric William Speer on behalf of Samuel A. Buttari, Sr, Jamie McCann (Speer, Eric) |
|
Filing 13
ORDER (Addressing Amended Complaint) - The Court hereby DENIES AS MOOT Plaintiffs Motion (ECF No. 10). The Court will deem (ECF No. 9) as the operative Amended Complaint in this action. Accordingly, the Court hereby DENIES WITHOUT PREJUDICE Defendants Motion to Dismiss (ECF No. 5). Pursuant to Rule 15(a)(3), Defendants shall have fourteen (14) days from service of the Amended Complaint in which to file any responsive pleadings or motions. The Courts prior Order (ECF No. 12) remains in effect to the extent that it requires the parties to brief the issue of consolidation. Signed by District Judge David J. Novak on 2/12/2021. (smej, )
|
|
Filing 12
ORDER that the Court hereby NOTIFIES the parties that the Court will not rule on nor consider Defendants Demurrer (ECF No. 1-4). As such, should Defendants wish to file a new Answer, a Motion to Dismiss or another responsive document, they must do so within seven (7) calendar days of the entry hereof. If Defendants do not file any such responsive document, the Court will deem Defendants state court Answer (ECF No. 1-3) as their responsive pleading. Additionally, the Court is considering consolidating this action with the related case of Jamie McCann v. Michael Everette (3:21cv69). To that end, the parties are hereby ORDERED to brief their respective positions on the issue of consolidation. Within fourteen (14) calendar days of the entry hereof, Plaintiffs shall file their position on consolidation. Defendants shall then have seven (7) calendar days to file a response to Plaintiffs position, measured from the date of Plaintiffs' filing. Plaintiffs may file a reply within six (6) calendar days of Defendants' response. It is so ORDERED. Signed by District Judge David J. Novak on 2/11/2021. (sbea,)
|
| Filing 11 Memorandum in Support re #10 First MOTION to Amend/Correct the Complaint filed by Samuel A. Buttari, Sr, Jamie McCann. (Attachments: #1 Exhibit 1)(Martin, Kelly) |
| Filing 10 First MOTION to Amend/Correct the Complaint by Samuel A. Buttari, Sr, Jamie McCann. (Martin, Kelly) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Samuel A. Buttari, Sr, Jamie McCann.(Martin, Kelly) |
| Filing 8 Financial Interest Disclosure Statement (Local Rule 7.1) by 88 Freight, LLC. (Lewis, Lindsey) |
| Filing 7 ANSWER to Complaint by 88 Freight, LLC.(Lewis, Lindsey) |
| Filing 6 Memorandum in Support re #5 MOTION to Dismiss for Failure to State a Claim filed by 88 Freight, LLC. (Lewis, Lindsey) |
| Filing 5 MOTION to Dismiss for Failure to State a Claim by 88 Freight, LLC. (Lewis, Lindsey) |
| Filing 4 NOTICE by 88 Freight, LLC of Consent to Removal (Lewis, Lindsey) |
| Filing 3 Corporate Disclosure Statement by M and C Transfer, LLC. (O'Grady, Brian) |
| Filing 2 Corporate Disclosure Statement by Michael Everette. (O'Grady, Brian) |
| Filing 1 Notice of Removal by Michael Everette and M and C Transfer, LLC ( Filing fee $ 402, receipt number 0422-7620996.), filed by M and C Transfer, LLC, Michael Everette. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint, #3 Exhibit State Court Answer, #4 Exhibit State Court Demurrer, #5 Exhibit State Court Notice of Filing Removal, #6 Exhibit Declarations in Support of Removal, #7 Exhibit A to Declarations) (O'Grady, Brian) |
| Initial Case Assignment to District Judge David J. Novak. (smej, ) |
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 Virginia Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
