Mayes v. NCB Management Services, Inc.

Docket(#14) ENDORSED ORDER: On the basis of the Notice of Settlement (Doc. #13), this cause is hereby dismissed, without prejudice and subject to the right of the parties, within 60 days of the date hereof, to submit a stipulated form of final order or judgment, or request an extension of time, should they so choose or for any party to move to reopen the action, upon good cause being shown. After that 60 day period, however, without further order, this dismissal shall be deemed with prejudice. Furthermore, the Court advises the parties that "good cause" exists to reopen an action when a settlement agreement has yet to be finalized because of various delays. But incomplete performance of an executed settlement agreement, such as the failure to disburse settlement funds, does not constitute good cause to reopen an action. This Court does not retain jurisdiction to ensure performance of a settlement agreement because such failure to perform should be addressed in a separate breach of contract action. The Clerk is directed to terminate any previously scheduled deadlines and thereafter close this case. Signed by Judge Virginia M. Hernandez Covington on 1/24/2022. (DMD) (Entered: 01/24/2022)

Docket(#13) NOTICE of settlement by Carrie Mayes. (Scarangella, Bridget) (Entered: 01/24/2022)

Docket(#12) SCHEDULING ORDER: The parties are directed to adhere to the Court's Scheduling Order. This action is hereby referred to Gregory P. Holder, Esq., for mediation. The parties must mediate no later than April 25, 2022. Lead Counsel shall file a notice of mediation informing the Court as to the date, time, and location of mediation by February 7, 2022. Neither party may reschedule or cancel the mediation conference once it is set; leave of Court must be obtained before the mediation conference may be rescheduled or cancelled. The parties shall not mediate until the information exchange outlined in the Scheduling Order is completed. Absent compelling circumstances and leave of Court, lead counsel must appear at the mediation conference. Lead Counsel shall file a notice informing the Court as to the results of mediation within 24 hours of the mediation conference. In the event mediation results in an impasse, the parties must file their jointly-prepared fast-track case management report within 24 hours of the mediation conference. Upon review of the jointly-prepared case management report, the Court will determine whether a case management hearing is necessary. If a case management hearing is necessitated, the Court will set the hearing by separate notice. Furthermore, if mediation results in an impasse, the Court intends to schedule this action for trial within 90-120 days from the mediation conference. Signed by Judge Virginia M. Hernandez Covington on 1/20/2022. (MEJ) (Entered: 01/20/2022)

Docket(#11) RETURN of service executed on 1/3/2022 by Carrie Mayes as to NCB Management Services, Inc. (Scarangella, Bridget) (Entered: 01/18/2022)

Docket(#10) ENDORSED ORDER: Plaintiff is directed to file a status report on her efforts to perfect service of process on Defendant by January 25, 2022. Signed by Judge Virginia M. Hernandez Covington on 1/18/2022. (DMD) (Entered: 01/18/2022)

Docket(#9) CERTIFICATE of interested persons and corporate disclosure statement by Carrie Mayes. (Scarangella, Bridget) (Entered: 12/21/2021)

Docket(#8) NOTICE of a related action per Local Rule 1.07(c) by Carrie Mayes. Related case(s): No (Scarangella, Bridget) (Entered: 12/21/2021)

Docket(#7) SUMMONS issued as to NCB Management Services, Inc. (BD) (Entered: 12/20/2021)

Docket(#6) NOTICE of Local Rule 3.03, which requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (TWL) (Entered: 12/20/2021)

Docket(#5) NOTICE of Local Rule 1.07(c), which requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. (Signed by Deputy Clerk). (TWL) (Entered: 12/20/2021)

Docket(#4) NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (TWL) (Entered: 12/20/2021)

Docket(#3) STANDING ORDER regarding discovery motions. Signed by Magistrate Judge Thomas G. Wilson on 2/1/2021. (DMS) (Entered: 12/17/2021)

Docket(#2) NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:21-cv-2934-VMC-TGW. (SJB) (Entered: 12/17/2021)

Docket(#1) COMPLAINT against NCB Management Services, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-19041489) filed by Carrie Mayes. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons)(Scarangella, Bridget) Modified on 12/20/2021 to correct docket text (BD). (Entered: 12/17/2021)