This case was last updated from U.S. District Courts on 12/17/2024 at 03:12:05 (UTC).

Mackler et al v. SME, Inc. USA et al

Case Summary

On 10/18/2024 Mackler filed a Contract - Other Contract lawsuit against SME, Inc USA. This case was filed in U.S. District Courts, North Carolina Eastern District Court. The Judge overseeing this case is Louise Wood Flanagan. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:24-CV-00992

  • Filing Date:

    10/18/2024

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

Judge Details

Presiding Judge

Louise Wood Flanagan

 

Party Details

Plaintiffs

Marshall Mackler

Hilary Mackler

Ari Fuchs

Defendants

SME, Inc. USA

David L Rouen, Jr.

David L Rouen, III

Attorney/Law Firm Details

Plaintiff Attorneys

Allen L. West

Graham Bryce Morgan

Defendant Attorneys

George Grady Richardson, Jr.

Susan Groves Renton

 

Court Documents

#26

(#26) REPLY to Response to Motion regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Morgan, Graham) (Entered: 11/07/2024)

#25

(#25) **CORRECTED AND REFILED AT #26 ** RESPONSE in Support regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Morgan, Graham) Modified on 11/8/2024 (Collins, S). (Entered: 11/06/2024)

24 #3

Exhibit Exhibit 3 - Correspondence

24 #2

Exhibit Exhibit 2 - Hilary ICA

24 #1

Exhibit Exhibit 1 - Marshall ICA

#24

(#24) Memorandum in Opposition regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Attachments: #1 Exhibit Exhibit 1 - Marshall ICA, #2 Exhibit Exhibit 2 - Hilary ICA, #3 Exhibit Exhibit 3 - Correspondence) (Renton, Susan) (Entered: 10/28/2024)

21 #1

Text of Proposed Order Proposed Order on Motion to Remand

#21

(#21) MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Remand) (Morgan, Graham) (Entered: 10/25/2024)

#15

(#23) ORDER granting #15 Amended MOTION to Expedite Relief in the Form of, MOTION to Stay Briefing on Defendants' Motions Until Plaintiffs' Motion to Remand is Resolved. No further briefing on Defendants' Motion for Costs, Fees, and Stay DE #8 or Defendants' Motion to Dismiss DE #10 shall be required until Plaintiffs' Motion to Remand DE #21 is resolved by order of the Court. If Plaintiffs' Motion to Remand is denied, a scheduling order will be imposed for further briefing on Defendants' Motions. Signed by District Judge Louise Wood Flanagan on 10/25/2024. (Collins, S) (Entered: 10/25/2024)

#2

(#2) Notice of Appearance filed by George Grady Richardson, Jr on behalf of All Defendants. (Richardson, George) (Entered: 10/18/2024)

1 #7

Exhibit Notice of Filing of Notice of Removal (Ex. G)

1 #6

Exhibit Complaint (Ex. F)

1 #5

Exhibit Summons Rouen Jr. and III (Ex. E)

1 #4

Exhibit Summons SME, INC. USA (Ex. D)

1 #3

Supplement Supplemental Cover Sheet (Ex. C)

1 #2

Civil Cover Sheet Civil Cover Sheet (Ex. B)

1 #1

Index Index of Exhibits (Ex. A)

#1

(#4) Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, and requirement Allen L. West, Graham B. Morgan of Hamilton Stephens Steele and Martin PLLC at 525 N. Tryon Street, Suite 1400, Charlotte, NC 28202 and Lisa Rodriguez, Erik L. Coccia of Dilworth Paxson LLP at 1500 Market St., Suite 3500 E, Philadelphia, PA 19102 mailed via US Mail on October 22, 2024. (Rudd, D.) (Entered: 10/22/2024)

39 More Documents Available

 

Docket Entries

11/08/2024
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DocketMotion Submitted to District Judge Louise Wood Flanagan regarding #21 MOTION to Remand and for Award of Attorney's Fees. (Collins, S) (Entered: 11/08/2024)

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11/07/2024
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Docket(#26) REPLY to Response to Motion regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Morgan, Graham) (Entered: 11/07/2024)

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11/07/2024
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DocketNOTICE OF DEFICIENCY regarding #25 Response in Support of Motion. Wrong event used. Counsel shall refile using the event Reply to Response to Motion. (Collins, S) (Entered: 11/07/2024)

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11/06/2024
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Docket(#25) **CORRECTED AND REFILED AT #26 ** RESPONSE in Support regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Morgan, Graham) Modified on 11/8/2024 (Collins, S). (Entered: 11/06/2024)

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10/28/2024
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Docket(#24) Memorandum in Opposition regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Attachments: #1 Exhibit Exhibit 1 - Marshall ICA, #2 Exhibit Exhibit 2 - Hilary ICA, #3 Exhibit Exhibit 3 - Correspondence) (Renton, Susan) (Entered: 10/28/2024)

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10/25/2024
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Docket(#23) ORDER granting #15 Amended MOTION to Expedite Relief in the Form of, MOTION to Stay Briefing on Defendants' Motions Until Plaintiffs' Motion to Remand is Resolved. No further briefing on Defendants' Motion for Costs, Fees, and Stay DE #8 or Defendants' Motion to Dismiss DE #10 shall be required until Plaintiffs' Motion to Remand DE #21 is resolved by order of the Court. If Plaintiffs' Motion to Remand is denied, a scheduling order will be imposed for further briefing on Defendants' Motions. Signed by District Judge Louise Wood Flanagan on 10/25/2024. (Collins, S) (Entered: 10/25/2024)

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10/25/2024
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Docket(#22) Memorandum in Support regarding #21 MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Attachments: #1 Exhibit October 8, 2024 Email, #2 Exhibit October 10, 2024 Acceptance of Servie, #3 Exhibit October 21, 2024 Letter) (Morgan, Graham) (Entered: 10/25/2024)

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10/25/2024
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Docket(#21) MOTION to Remand and for Award of Attorney's Fees filed by Marshall Mackler, Hilary Mackler, Ari Fuchs. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Remand) (Morgan, Graham) (Entered: 10/25/2024)

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10/25/2024
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Docket(#20) Notice of Appearance filed by Allen L. West on behalf of Marshall Mackler, Hilary Mackler. (West, Allen) (Entered: 10/25/2024)

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10/25/2024
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Docket(#19) Financial Disclosure Statement by Marshall Mackler (Morgan, Graham) (Entered: 10/25/2024)

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13 More Docket Entries
10/23/2024
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Docket(#9) Memorandum in Support regarding #8 MOTION for Taxation of Costs Defendants' Motion for Costs, Fees, and Stay filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Attachments: #1 Affidavit Declaration of Shane P. Simon, #2 Affidavit Declaration of G. Grady Richardson, Jr., #3 Text of Proposed Order Proposed Order Granting Costs, Fees, and Stay) (Renton, Susan) (Entered: 10/23/2024)

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10/23/2024
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Docket(#8) MOTION for Taxation of Costs Defendants' Motion for Costs, Fees, and Stay filed by SME, Inc. USA, David L Rouen, Jr, David L Rouen, III. (Renton, Susan) (Entered: 10/23/2024)

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10/23/2024
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Docket(#7) Financial Disclosure Statement by David L Rouen, III (Renton, Susan) (Entered: 10/23/2024)

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10/23/2024
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Docket(#6) Financial Disclosure Statement by David L Rouen, Jr (Renton, Susan) (Entered: 10/23/2024)

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10/23/2024
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Docket(#5) Financial Disclosure Statement by SME, Inc. USA (Renton, Susan) (Entered: 10/23/2024)

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10/22/2024
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Docket(#4) Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, and requirement Allen L. West, Graham B. Morgan of Hamilton Stephens Steele and Martin PLLC at 525 N. Tryon Street, Suite 1400, Charlotte, NC 28202 and Lisa Rodriguez, Erik L. Coccia of Dilworth Paxson LLP at 1500 Market St., Suite 3500 E, Philadelphia, PA 19102 mailed via US Mail on October 22, 2024. (Rudd, D.) (Entered: 10/22/2024)

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10/22/2024

DocketNOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to SME, Inc. USA, David L Rouen, Jr., David L Rouen, III. Pursuant to 7.1 of the Federal Rules of Civil Procedure and Local Civil Rule 7.3, all parties shall file a financial disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Rudd, D.) (Entered: 10/22/2024)

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10/18/2024
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Docket(#3) Notice of Appearance filed by Susan Groves Renton on behalf of All Defendants. (Renton, Susan) (Entered: 10/18/2024)

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10/18/2024
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Docket(#2) Notice of Appearance filed by George Grady Richardson, Jr on behalf of All Defendants. (Richardson, George) (Entered: 10/18/2024)

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10/18/2024
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Docket(#1) NOTICE OF REMOVAL by All Defendants from New Hanover County Superior Court, case number 24-CVS-3699. ( Filing fee $ 405 receipt number ANCEDC-7817280), filed by All Defendants. (Attachments: #1 Index Index of Exhibits (Ex. A), #2 Civil Cover Sheet Civil Cover Sheet (Ex. B), #3 Supplement Supplemental Cover Sheet (Ex. C), #4 Exhibit Summons SME, INC. USA (Ex. D), #5 Exhibit Summons Rouen Jr. and III (Ex. E), #6 Exhibit Complaint (Ex. F), #7 Exhibit Notice of Filing of Notice of Removal (Ex. G)) (Renton, Susan) (Entered: 10/18/2024)

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