North Carolina Eastern District Court Records

MOTION SUBMITTED TO DISTRICT JUDGE LOUISE WOOD FLANAGAN: #9 MOTION TO AMEND. (CASTANIA, M) (ENTERED: 07/15/2019)

(#9) MOTION TO AMEND FILED BY DEVONTAY D. MYLES. (ATTACHMENT: #1 ENVELOPE) (CASTANIA, M) (ENTERED: 07/15/2019)

(#29) ANSWER TO #15 COMPLAINT BY SHERIFF ERNIE COLEMAN. (SPAUGH, PATRICK) (ENTERED: 08/22/2019)

(#28) MEMORANDUM IN SUPPORT REGARDING #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FILED BY LIEUTENANT KELLY COX, SERGEANT WILLIAM RAGLAND, CHIEF DEPUTY CHARLIE ROSE. (SPAUGH, PATRICK) (ENTERED: 08/22/2019)

(#13) ANSWER TO COMPLAINT AND MOTION TO DISMISS FILED BY MABIALA PHUATI. (ATTACHMENTS: #1 PETITION FOR NAME CHANGE, #2 CERTIFICATE OF NATURALIZATION, #3 ENVELOPE) (HERRMANN, L.) (ENTERED: 08/07/2019)

(#12) WAIVER OF SERVICE RETURNED EXECUTED FILED BY SECURITIES AND EXCHANGE COMMISSION. ALTON AND XIANG MEI LIN PERKINS FAMILY TRUST WAIVER SENT ON 6/14/2019, ANSWER DUE 8/13/2019. (KIM, PAUL) (ENTERED: 06/18/2019)

MOTION SUBMITTED TO CHIEF JUDGE TERRENCE W. BOYLE REGARDING #11 MOTION FOR PAYMENT ARRANGEMENT OF CIVIL ACTION FEES IN 5:19-CT-3169-BO AND 5:19-CT-3177-BO. (LOVE, L.) (ENTERED: 07/31/2019)

(#11) MOTION FOR PAYMENT ARRANGEMENT OF CIVIL ACTION FEES IN 5:19-CT-3169-BO AND 5:19-CT-3177-BO FILED BY PATRICK O'NEAL HARRIS. (ATTACHMENTS: #1 MEMORANDUM, #2 COVER LETTER, #3 ENVELOPE) (LOVE, L.) (ENTERED: 07/31/2019)

TEXT ORDER GRANTING DEFENDANT BALFOUR BEATTY CONSTRUCTION, LLC'S MOTION FOR EXTENSION OF TIME #13 . FOR GOOD CAUSE SHOWN AND WITH THE CONSENT OF PLAINTIFF, IT IS ORDERED THAT THIS DEFENDANT HAS UP TO AND INCLUDING AUGUST 27, 2019, WITHIN WHICH TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT #1 . SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 8/7/2019. (HOCKADAY, A.) (ENTERED: 08/07/2019)

MOTION REFERRED TO PETER A. MOORE, JR., CLERK OF COURT REGARDING #13 CONSENT MOTION FOR EXTENSION OF TIME TO FILE ANSWER REGARDING #1 COMPLAINT. (COLLINS, S.) (ENTERED: 08/06/2019)

(#52) RESPONSE REGARDING #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM FILED BY PRIME COMMUNICATIONS, L.P.. (ATTACHMENTS: #1 EXHIBIT A--APRIL 5, 2019 HEARING TRANSCRIPT, #2 EXHIBIT B--BRIEF IN MICROSOFT V. BAKER, #3 EXHIBIT C--RULE 23(F) CLASS CERTIFICATION APPEALS ARTICLE, #4 TEXT OF PROPOSED ORDER DENYING DEFENDANT'S RENEWED RULE 12(B)(6) MOTION TO DISMISS) (MAHENDRU, ASHISH) (ENTERED: 08/01/2019)

CASE SELECTED FOR MEDIATION - A PRINTABLE LIST OF CERTIFIED MEDIATORS FOR THE EASTERN DISTRICT OF NORTH CAROLINA IS AVAILABLE ON THE COURT'S WEBSITE, HTTP://WWW.NCED.USCOURTS.GOV/ATTORNEY/MEDIATORS.ASPX. PLEASE SERVE THIS LIST ON ALL PARTIES. (COLLINS, S.) (ENTERED: 07/31/2019)

(#7) ORDER - PLAINTIFF'S MOTION FOR VOLUNTARY DISMISSAL PURSUANT TO RULE 41(A)(1) (DE #6 ) IS GRANTED, AND HIS ACTION IS DISMISSED WITHOUT PREJUDICE. THE COURT, ADDITIONALLY, FINDS IT APPROPRIATE TO RELIEVE PLAINTIFF FROM HAVING TO PAY THE FILING FEE. ACCORDINGLY, THE COURT'S JUNE 18, 2019, ORDER (DE #5 ) IS VACATED, AND THE CLERK OF COURT IS DIRECTED TO REFUND PLAINTIFF ANY FILING FEE PAYMENTS. SIGNED BY CHIEF JUDGE TERRENCE W. BOYLE ON 8/1/2019. COPY SENT VIA US MAIL TO LONNIE BERNARD DAVIS AT BUTNER MEDIUM II - F.C.I. (LOVE, L.) (ENTERED: 08/01/2019)

MOTION SUBMITTED TO CHIEF JUDGE TERRENCE W. BOYLE REGARDING #6 MOTION TO TERMINATE PROCEEDINGS. (LOVE, L.) (ENTERED: 07/31/2019)

(#24) AFFIDAVIT OF SERVICE FOR AMENDED SUMMONS IN A CIVIL ACTION AND COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FILED BY PUBLIC INTEREST LEGAL FOUNDATION, INC. SERVED ON KATELYN LOVE ON 08/06/2019. (JOHNSON, NOEL) (ENTERED: 08/09/2019)

(#23) NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT BY KAYLAN L. PHILLIPS ON BEHALF OF PUBLIC INTEREST LEGAL FOUNDATION, INC.. (PHILLIPS, KAYLAN) (ENTERED: 08/07/2019)

MOTION SUBMITTED TO CHIEF JUDGE TERRENCE W. BOYLE REGARDING #9 MOTION FOR PAYMENT ARRANGEMENT OF CIVIL ACTION FEES IN 5:19-CT-3169-BO AND 5:19-CT-3177-BO. (LOVE, L.) (ENTERED: 07/31/2019)

(#9) MOTION FOR PAYMENT ARRANGEMENT OF CIVIL ACTION FEES IN 5:19-CT-3169-BO AND 5:19-CT-3177-BO FILED BY PATRICK O'NEAL HARRIS. (ATTACHMENTS: #1 MEMORANDUM, #2 COVER LETTER, #3 ENVELOPE) (LOVE, L.) (ENTERED: 07/31/2019)

NOTICE TO COUNSEL REGARDING: #21 NOTICE OF SPECIAL APPEARANCE. NOTICE TO COUNSEL REGARDING: 40 NOTICE OF APPEARANCE. EACH ATTORNEY MUST FILE HIS OR HER OWN NOTICE OF APPEARANCE. THE CM/ECF ELECTRONIC FILING AND DOCKETING SYSTEM DOES NOT RECOGNIZE FILINGS MADE ON BEHALF OF OTHER ATTORNEYS FOR PURPOSES OF APPEARING ON THE COURT'S DOCKET. THE APPROPRIATE FORM FOR BECOMING A REGISTERED E FILER IN THIS DISTRICT IS AVAILABLE TO OUT OF DISTRICT COUNSEL ON THIS COURT'S WEBSITE WWW.NCED.USCOURTS.GOV. (STOUCH, L.) (ENTERED: 08/01/2019)

(#21) NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT BY CHARLES TYRELL CLEMONS ON BEHALF OF DOMINIC FRANKS. (CLEMONS, CHARLES) (ENTERED: 08/01/2019)

TEXT ORDER - WHERE DEFENDANT HAS FILED A MOTION TO DISMISS, GOOD CAUSE APPEARS TO DELAY THE PARTIES' SCHEDULING CONFERENCE ACTIVITIES, AND DEADLINE FOR PROVISION OF THEIR JOINT REPORT AND PLAN, WHERE ORDINARILY AT THIS JUNCTURE THE COURT WOULD TRIGGER THESE ACTIVITIES IN PREFACE TO ITS ENTRY OF A CASE MANAGEMENT ORDER THROUGH ISSUANCE OF INITIAL ORDER REGARDING PLANNING AND SCHEDULING. UNLESS A PARTY RAISES OBJECTION TO A STAY OF THESE ACTIVITIES, PENDING COMPLETION OF BRIEFING ON THE MOTION NOW AT ISSUE, AND DECISION THEREON BY THIS COURT, IN FILING DUE WITHIN 14 DAYS FROM DATE OF ENTRY OF THIS ORDER, THE COURT WILL STAY THAT ASPECT OF THE CASE SO AS TO PROMOTE FOCUS ON THE ISSUES RAISED IN DEFENDANT'S MOTION. SIGNED BY DISTRICT JUDGE LOUISE WOOD FLANAGAN ON 8/7/2019. (COLLINS, S.) (ENTERED: 08/07/2019)

NOTICE TO COUNSEL REGARDING: #18 DECLARATION, #16 MOTION TO DISMISS/LACK OF JURISDICTION, #20 MOTION TO SEAL DOCUMENT, #17 MEMORANDUM IN SUPPORT. IN FUTURE FILINGS, COUNSEL SHOULD INDICATE THE DIVISION IN ACCORDANCE WITH LOCAL CIVIL RULE 10.1(B) AND 40.1(B) AND (C). (COLLINS, S.) (ENTERED: 08/06/2019)

(#13) CASE MANAGEMENT ORDER: DISCOVERY IN THIS CASE MAY BE GOVERNED BY A PROTECTIVE ORDER. DISCOVERY DUE BY 3/25/20. MEDIATION DEADLINE SET FOR 3/20/20. MOTIONS DUE BY 4/23/20. RESPONSES TO DISPOSITIVE MOTIONS ARE DUE MAY 7, 2020. REPLIES IN SUPPORT OF DISPOSITIVE MOTIONS ARE DUE MAY 14, 2020. THE PARTIES SHOULD REVIEW THE ATTACHED ORDER IN ITS ENTIRETY FOR ADDITIONAL CRITICAL DEADLINES AND INFORMATION. SIGNED BY DISTRICT JUDGE LOUISE WOOD FLANAGAN ON 8/9/19. (COLLINS, S.) (ENTERED: 08/09/2019)

(#12) RULE 26(F) REPORT (JOINT) FILED BY WEST AMERICAN INSURANCE COMPANY. (GOANOS, THEODORE) (ENTERED: 08/08/2019)

CASE SUBMITTED TO DISTRICT JUDGE LOUISE WOOD FLANAGAN FOR FRIVOLITY REVIEW. AS SOON AS THE SCREENING IS CONCLUDED, AN ORDER WILL ISSUE AND THE NEXT APPROPRIATE STEP WILL BE TAKEN. (DOCKET SHEET MAILED TO PLAINTIFF.) (CASTANIA, M) (ENTERED: 07/10/2019)

MOTION SUBMITTED TO DISTRICT JUDGE LOUISE WOOD FLANAGAN: #7 MOTION TO AMEND; MOTION TO APPOINT COUNSEL. (CASTANIA, M) (ENTERED: 07/10/2019)

(#12) ORDER GRANTING #11 MOTION TO DISMISS MERRILL MASON, INCORRECTLY NAMED AS MASON M MERRILL. SIGNED BY CHIEF JUDGE TERRENCE W. BOYLE ON 8/9/2019. (STOUCH, L.) (ENTERED: 08/09/2019)

MOTION SUBMITTED TO CHIEF JUDGE TERRENCE W. BOYLE REGARDING #11 MOTION TO DISMISS MERRILL M. MASON. (STOUCH, L.) (ENTERED: 08/08/2019)

(#20) RULE 12 LETTER ISSUED TO ERIC E. ROWE AS TO #18 MOTION TO DISMISS COMPLAINT IN LIEU OF AN ANSWER. RESPONSES DUE BY 9/16/2019. ERIC E. ROWE P. O. BOX 11195, GOLDSBORO, NC 27532. (STOUCH, L.) (ENTERED: 08/21/2019)

(#19) MEMORANDUM IN SUPPORT REGARDING #18 MOTION TO DISMISS COMPLAINT IN LIEU OF AN ANSWER FILED BY DEPUTY BLEYERS, DEPUTY GUSTAFSON, WAYNE COUNTY SHERIFF DEPUTY SELLERS. (HART, SCOTT) (ENTERED: 08/21/2019)

MOTION SUBMITTED TO DISTRICT JUDGE JAMES C. DEVER III REGARDING #7 MOTION (IN LETTER FORM) TO AMEND TO ADD DEFENDANT AND FACTS. (INDIG, A.) (ENTERED: 08/05/2019)

(#7) MOTION (IN LETTER FORM) TO AMEND TO ADD DEFENDANT AND FACTS FILED BY ANDREW REGINALD WILLIS. (ATTACHMENTS: #1 AMENDMENT, #2 ENVELOPE) (INDIG, A.) (ENTERED: 08/05/2019)

(#8) MOTION "PETITION FOR JUDGMENT IN OBJECTION TO BOND FORFEITURE" FILED BY BRANDON WILLIAMS. (ATTACHMENTS: #1 BOND FORFEITURE NOTICE, #2 ENVELOPE) (SELLERS, N.) (ENTERED: 08/02/2019)

(#7) MOTION "PETITION FOR JUDGMENT IN OBJECTION TO BOND FORFEITURE" FILED BY BRANDON WILLIAMS. (ATTACHMENTS: #1 EXHIBIT 1 - BOND FORFEITURE NOTICE, #2 EXHIBIT 2 - USPS TRACKING, #3 EXHIBIT 3 - CSC-MAGISTRATE RECEIPT, #4 ENVELOPE) (SELLERS, N.) (ENTERED: 07/29/2019)

(#10) ORDER GRANTING #8 MOTION FOR EXTENSION OF TIME TO ANSWER REGARDING #1 COMPLAINT. ALL DEFENDANTS' ANSWER DUE 9/3/2019. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 8/1/2019. COPY SENT TO DEFENDANTS VIA US MAIL TO 260 S. INDIANTOWN RD., SHAWBORO NC 27973. (STOUCH, L.) (ENTERED: 08/01/2019)

(#9) LETTER TO CARRIE AND MICHAEL SEUFER REGARDING NOTICES OF SELF REPRESENTATION, FINANCIAL DISCLOSURE STATEMENTS, AND SERVICE SENT VIA US MAIL TO 260 S. INDIANTOWN RD., SHAWBORO NC 27973. (ATTACHMENTS: #1 STANDING ORDER NOTICE) (STOUCH, L.) (ENTERED: 08/01/2019)

CASES ASSOCIATED: CREATE ASSOCIATION TO 7:19-CV-00077-D. (SELLERS, N.) (ENTERED: 07/29/2019)

(#11) ORDER GRANTING #7 MOTION TO CONSOLIDATE CASES. THE APPEALS IN RICHARD P. COOK, PLAN TRUSTEE FOR YAHWEH CENTER, INC. V. UNITED STATES OF AMERICA, CASE NO.: 7:19-CV-00077-D AND RICHARD P. COOK, PLAN TRUSTEE FOR YAHWEH CENTER, INC. V. SUNTRUST BANK, CASE NO.: 7:19-V-00111-D, ARE HEREBY CONSOLIDATED INTO A SINGLE CASE IN FRONT OF UNITED STATES DISTRICT JUDGE JAMES C. DEVER, III. (1) APPELLANT'S BRIEF WITH A PAGE LIMIT OF 50 PAGES SHALL BE DUE 30 DAYS FROM THE DATE THIS ORDER IS ENTERED; (2) APPELLEES' RESPECTIVE BRIEFS OF NO MORE THAN 30 PAGES IN THE CASE OF SUNTRUST AND 45 PAGES IN THE CASE OF THE UNITED STATES SHALL BE DUE 45 DAYS FROM THE DATE APPELLANT'S BRIEF IS FILED; AND (3) APPELLANT'S REPLY BRIEF OF NO MORE THAN 25 PAGES SHALL BE DUE 25 DAYS FROM DATE APPELLEE'S BRIEF IS FILED. SIGNED BY DISTRICT JUDGE JAMES C. DEVER, III ON 7/23/2019. SIGNED BY DISTRICT JUDGE JAMES C. DEVER, III ON 7/23/2019. (STOUCH, L.) (ENTERED: 07/24/2019)

(#15) REPLY TO RESPONSE TO MOTION REGARDING #11 MOTION TO STAY MOTION TO STAY PROCEEDINGS PENDING DECISION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION FILED BY THE UNITED STATES FILED BY DEPARTMENT OF THE NAVY. (COOK, GEOFFREY) (ENTERED: 08/15/2019)

(#14) RESPONSE IN OPPOSITION REGARDING #11 MOTION TO STAY MOTION TO STAY PROCEEDINGS PENDING DECISION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION FILED BY KENNETH WASHINGTON. (ATTACHMENTS: #1 EXHIBIT EXHIBIT 1 OPPOSITION RESPONSE TO MOTION FOR TRANSFER) (POULOS, ANTHONY) (ENTERED: 08/07/2019)