1:21-CV-00166
03/01/2021
Disposed - Other Disposed
Property - Real Property Product Liability
CATHERINE C. EAGLES
JOI ELIZABETH PEAKE
THOMAS D. ELFONT
LOWE'S HOME CENTERS, LLC
APOLLO AEROSOL INDUSTRIES, LLC
SWIFT RESPONSE, LLC
PLZ AEROSCIENCE CORPORATION
SWIFT RESPONSE, LLC
WALTER MCBRAYER WOOD
Attorney at LAW OFFICE OF JAMES SCOTT FARRIN, PC
280 S. Mangum Street, Ste. 400
Durham, NC 27701
CHRISTOPHER R. BAGLEY
Attorney at LAW OFFICES OF JAMES SCOTT FARRIN
280 S. Mangum St., Ste. 400
Durham, NC 27701
STEVEN A. BADER
Attorney at CRANFILL SUMNER LLP
5420 Wade Park Blvd, Suite 300
Raleigh, NC 27607
JAMES M. DEDMAN, IV
Attorney at GALLIVAN WHITE & BOYD, P.A.
One Morrocroft Centre, 6805 Morrison Blvd., Ste. 200
Charlotte, NC 28211
PRESTON W. ROLLERO
Attorney at HEDRICK GARDNER KINCHELOE & GAROFALO LLP
4131 Parklake Avenue, Suite 300
Raleigh, NC 27612
CLAUDE ROBERSON WILSON, III
Attorney at HEDRICK GARDNER KINCHELOE & GAROFALO LLP
Pob 30397
Charlotte, NC 28230
PRESTON W. ROLLERO
Attorney at HEDRICK GARDNER KINCHELOE & GAROFALO LLP
4131 Parklake Avenue, Suite 300
Raleigh, NC 27612
CLAUDE ROBERSON WILSON, III
Attorney at HEDRICK GARDNER KINCHELOE & GAROFALO LLP
Pob 30397
Charlotte, NC 28230
Exhibit E - Thomas Dismissal
Exhibit D - Beckum Nonsuit Order
Exhibit C - Thomas Docket
Exhibit B - Beckum Docket
Exhibit A - Service of Process
Certificate of Service
Amended Complaint
Proposed Acknowledgment of State Court
Notice of Filing Notice of Removal
Exhibit B - All State Court Pleadings
Exhibit A - Lowe's Discovery Responses
Docket(#29) STIPULATION of Dismissal of Elfont, Thomas by THOMAS D. ELFONT. (WOOD, WALTER) (Entered: 04/19/2021)
Docket(#28) NOTICE OF JOINDER to RESPONSE re #27 Response in Opposition to Motion, #24 MOTION to Remand to State Court Notice of Joinder with Response [DE 27] filed by LOWE'S HOME CENTERS, LLC. Replies due by 4/30/2021 (BADER, STEVEN) (Entered: 04/16/2021)
Docket(#27) RESPONSE in Opposition re #25 Brief,,, #24 MOTION to Remand to State Court filed by THOMAS D. ELFONT filed by APOLLO AEROSOL INDUSTRIES, LLC. Replies due by 4/30/2021 (Attachments: #1 Exhibit A - Service of Process, #2 Exhibit B - Beckum Docket, #3 Exhibit C - Thomas Docket, #4 Exhibit D - Beckum Nonsuit Order, #5 Exhibit E - Thomas Dismissal)(DEDMAN, JAMES) (Entered: 04/16/2021)
DocketTEXT ORDER issued by JUDGE CATHERINE C. EAGLES: The time to file a response to the motion to remand is shortened to April 16, 2021. Any reply brief is due April 23, 2021. If any discovery was served before removal, it shall be answered no later than April 19, 2021. (Sanders, Marlene) (Entered: 04/07/2021)
Docket(#26) Corporate Disclosure Statement by APOLLO AEROSOL INDUSTRIES, LLC. (DEDMAN, JAMES) (Entered: 04/02/2021)
Docket(#25) BRIEF re #24 MOTION to Remand to State Court . (Attachments: #1 Exhibit 1 - PLZ Counsel Email, #2 Exhibit 2 - PLZ Discovery to Plaintiff, #3 Exhibit 3 - Am. Compl., Beckum v. Swift Response, 3:18-cv-0555 (N.D. Tex. Apr. 8, 2018), #4 Exhibit 4 - Def. Lowes Home Centers, LLCs Original Answer to Pl.s First Am. Compl., Beckum v. Swift Response, 3:18-cv-0555 (N.D. Tex. Apr. 30, 2018), #5 Exhibit 5 - Notice of Removal 2, Thomas v. Swift Response, 3:18-cv-00628 (W.D. Ky. Sept. 20, 2018), #6 Exhibit 6 - Compl., and Answer of Lowes and Swift, Vandivort v. Swift Response et al, CACE 15-012741 (Broward Cnty. Fl. Cir. Ct. Oct. 20, 2016), #7 Exhibit 7 - PLZ Aeroscience Corp.s First Set of Reqs. for Admission to Def. Lowes Home Centers, LLC (dated Jan. 19, 2021), #8 Exhibit 8 - Holston Med. Grp., P.C. v. Cook, No. 3:20-CV-00274-MOC-DSC, 2020 WL 3446247 (W.D.N.C. June 24, 2020))(WOOD, WALTER) (Entered: 03/31/2021)
Docket(#24) MOTION to Remand to State Court by THOMAS D. ELFONT. Response to Motion due by 4/21/2021 (WOOD, WALTER) (Entered: 03/31/2021)
Docket(#23) NOTICE of Attorney Appearance by attorney CHRISTOPHER R. BAGLEY on behalf of Plaintiff THOMAS D. ELFONT (BAGLEY, CHRISTOPHER) (Entered: 03/31/2021)
Docket(#22) NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 5/20/2021 09:30 AM in Winston-Salem Courtroom #3 before MAG/JUDGE JOI ELIZABETH PEAKE. (Garrett, Kim) (Entered: 03/30/2021)
Docket(#21) ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 03/26/2021, that the Motion for Extension [Doc. #15 ] is GRANTED and that the Answer filed March 8, 2021 is deemed timely filed. (Garland, Leah) (Entered: 03/26/2021)
Docket(#10) ANSWER to Amended Complaint by SWIFT RESPONSE, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) (Entered: 03/01/2021)
Docket(#9) AMENDED COMPLAINT against defendant SWIFT RESPONSE, LLC, APOLLO AEROSOL INDUSTRIES, LLC, LOWE'S HOME CENTERS, LLC, filed by THOMAS D. ELFONT. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Attachment 5 to the Petition for Removal) (Sheets, Jamie) (Entered: 03/01/2021)
Docket(#8) RESPONSE re #5 Answer to Complaint, Crossclaim, filed by SWIFT RESPONSE, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) (Entered: 03/01/2021)
Docket(#7) ANSWER to #3 Complaint, with Jury Demand by SWIFT RESPONSE, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) (Entered: 03/01/2021)
Docket(#6) RESPONSE re #5 Answer to Complaint, Crossclaim, filed by PLZ AEROSCIENCE CORPORATION. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) (Entered: 03/01/2021)
Docket(#5) ANSWER to #3 Complaint, with Jury Demand, CROSSCLAIM against SWIFT RESPONSE, LLC, PLZ AEROSCIENCE CORPORATION, by LOWE'S HOME CENTERS, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) (Entered: 03/01/2021)
Docket(#4) Summons Issued as to PLZ AEROSCIENCE CORPORATION, SWIFT RESPONSE, LLC. (Original filed in Durham County Superior Court, case number 20-CVS-3082, issued 8/26/2020 and listed as Exhibit B to the Petition for Removal) Sheets, Jamie) (Entered: 03/01/2021)
Docket(#3) COMPLAINT against SWIFT RESPONSE, LLC, PLZ AEROSCIENCE CORPORATION, LOWE'S HOME CENTERS, LLC, filed by THOMAS D. ELFONT. (Original filed in Durham County Superior Court, case number 20-CVS-3082, and listed as Exhibit B to the Petition for Removal) (Sheets, Jamie) (Entered: 03/01/2021)
Docket(#2) NOTICE of Attorney Appearance by attorney JAMES M. DEDMAN, IV on behalf of Defendant APOLLO AEROSOL INDUSTRIES, LLC (DEDMAN, JAMES) (Entered: 03/01/2021)
Docket(#1) PETITION FOR REMOVAL against THOMAS D. ELFONT ( Filing fee $ 402 receipt number 0418-2997377.), filed by APOLLO AEROSOL INDUSTRIES, LLC. (Attachments: #1 Exhibit A - Lowe's Discovery Responses, #2 Exhibit B - All State Court Pleadings, #3 Notice of Filing Notice of Removal, #4 Proposed Acknowledgment of State Court, #5 Amended Complaint, #6 Certificate of Service)(DEDMAN, JAMES) (Entered: 03/01/2021)
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