This case was last updated from U.S. District Courts on 04/30/2021 at 10:36:51 (UTC).

ELFONT v. SWIFT RESPONSE, LLC et al

Case Summary

On 03/01/2021 ELFONT filed a Property - Real Property Product Liability lawsuit against SWIFT RESPONSE, LLC. This case was filed in U.S. District Courts, North Carolina Middle District Court. The Judges overseeing this case are CATHERINE C. EAGLES and JOI ELIZABETH PEAKE. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-00166

  • Filing Date:

    03/01/2021

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Property - Real Property Product Liability

Judge Details

Presiding Judge

CATHERINE C. EAGLES

Referral Judge

JOI ELIZABETH PEAKE

 

Party Details

Plaintiff

THOMAS D. ELFONT

Cross Claimants and Defendants

LOWE'S HOME CENTERS, LLC

APOLLO AEROSOL INDUSTRIES, LLC

SWIFT RESPONSE, LLC

PLZ AEROSCIENCE CORPORATION

Cross Defendant and Defendant

SWIFT RESPONSE, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

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

Cross Claimant and Defendant Attorneys

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

Defendant and Cross Defendant Attorneys

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

 

Court Documents

#29

#28

27 #5

Exhibit E - Thomas Dismissal

27 #4

Exhibit D - Beckum Nonsuit Order

27 #3

Exhibit C - Thomas Docket

27 #2

Exhibit B - Beckum Docket

27 #1

Exhibit A - Service of Process

#27

#24

#3

#2

1 #6

Certificate of Service

1 #5

Amended Complaint

1 #4

Proposed Acknowledgment of State Court

1 #3

Notice of Filing Notice of Removal

1 #2

Exhibit B - All State Court Pleadings

1 #1

Exhibit A - Lowe's Discovery Responses

#1

43 More Documents Available

 

Docket Entries

  • 04/19/2021
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  • Docket(#29) STIPULATION of Dismissal of Elfont, Thomas by THOMAS D. ELFONT. (WOOD, WALTER) (Entered: 04/19/2021)

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  • 04/16/2021
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  • 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)

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  • 04/16/2021
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  • 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)

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  • 04/07/2021
  • 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)

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  • 04/02/2021
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  • Docket(#26) Corporate Disclosure Statement by APOLLO AEROSOL INDUSTRIES, LLC. (DEDMAN, JAMES) (Entered: 04/02/2021)

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  • 03/31/2021
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  • 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)

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  • 03/31/2021
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  • 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)

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  • 03/31/2021
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  • Docket(#23) NOTICE of Attorney Appearance by attorney CHRISTOPHER R. BAGLEY on behalf of Plaintiff THOMAS D. ELFONT (BAGLEY, CHRISTOPHER) (Entered: 03/31/2021)

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  • 03/30/2021
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  • 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)

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  • 03/26/2021
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  • 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)

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12 More Docket Entries
  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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)

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  • 03/01/2021
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  • 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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