North Carolina Eastern District Court Records

(#2) AMENDED COMPLAINT AGAINST ALL DEFENDANTS, FILED BY LARISSA BETH YORK. (YORK, THOMAS) (ENTERED: 09/20/2022)

(#1) COMPLAINT AGAINST ALL DEFENDANTS ( FILING FEE $ 402 RECEIPT NUMBER ANCEDC-6736401.), FILED BY LARISSA BETH YORK. (ATTACHMENTS: #1 AFFIDAVIT, #2 CIVIL COVER SHEET, #3 PROPOSED SUMMONS) (YORK, THOMAS) (ENTERED: 09/19/2022)

(#11) ANSWER TO #1 COMPLAINT, , COUNTERCLAIM AGAINST EPIC GAMES, INC. BY FABRIQUE INNOVATIONS, INC.. (SCHOUTEN, JOSEPH) (ENTERED: 07/01/2022)

TEXT ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR EXTENSION OF TIME #10 . FOR GOOD CAUSE SHOWN, IT IS ORDERED THAT DEFENDANT HAS UP TO AND INCLUDING JULY 1, 2022, WITHIN WHICH TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT #1 . SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 6/14/2022. (HOCKADAY, A.) (ENTERED: 06/14/2022)

(#15) MEMORANDUM IN SUPPORT REGARDING #14 MOTION TO DISMISS FOR LACK OF JURISDICTION FILED BY SIG SAUER, INC.. (ATTACHMENTS: #1 EXHIBIT A - DECLARATION OF STEVEN SHAWVER) (BRATHWAITE, ASHLEY) (ENTERED: 07/05/2022)

(#14) MOTION TO DISMISS FOR LACK OF JURISDICTION FILED BY SIG SAUER, INC.. (BRATHWAITE, ASHLEY) (ENTERED: 07/05/2022)

(#13) ORDER FOR DISCOVERY PLAN SENT TO ALL PARTIES. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 7/8/2022. (SELLERS, N.) (ENTERED: 07/08/2022)

(#12) ANSWER TO #1 COMPLAINT, BY CAPTAIN JOE'S LLC. (WEEKS, STEVENSON) (ENTERED: 07/07/2022)

INTRADISTRICT TRANSFER TO SOUTHERN DIVISION. NEW CASE NUMBER - 7:22-CV-81-D. (SELLERS, N.) (ENTERED: 05/24/2022)

(#2) ORDER REDESIGNATING DIVISION - AT THE DIRECTION OF THE COURT, AND FOR THE CONTINUED EFFICIENT ADMINISTRATION OF JUSTICE, THE ABOVE-CAPTIONED CASE IS REDESIGNATED AS A SOUTHERN DIVISION CASE. THE HONORABLE JAMES C. DEVER III, UNITED STATES DISTRICT JUDGE, WILL REMAIN THE PRESIDING JUDGE. ALL FUTURE DOCUMENTS SHOULD REFLECT THE NEW CASE NUMBER OF 7:22-CV-81-D. NO FURTHER FILING SHALL BE MADE IN 4:22-CV-49-D. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 5/24/2022. (SELLERS, N.) (ENTERED: 05/24/2022)

(#26) NOTICE OF VOLUNTARY DISMISSAL FILED BY DONNA JONES AS TO PYXUS INTERNATIONAL, INC., J. PIETER SIKKEL, JOEL L. THOMAS. (BLUE, DHAMIAN) (ENTERED: 10/31/2019)

(#25) NOTICE OF SPECIAL APPEARANCE FOR NON-DISTRICT BY KATHERINE KELLY FELL ON BEHALF OF ALL DEFENDANTS. (FELL, KATHERINE) (ENTERED: 09/25/2019)

(#89) ORDER SETTING HEARINGS - COURT-HOSTED SETTLEMENT CONFERENCE SET FOR 4/5/2022 AT 10:00 AM IN RALEIGH - 6TH FLOOR COURTROOM BEFORE MAGISTRATE JUDGE JAMES E. GATES.. SIGNED BY MAGISTRATE JUDGE JAMES E. GATES ON 3/15/2022. COUNSEL SHOULD READ THIS ORDER IN ITS ENTIRETY FOR CRITICAL INFORMATION AND DEADLINES. (HORTON, B.) (ENTERED: 03/15/2022)

(#88) RESPONSE TO ORDER REGARDING #87 ORDER FILED BY RICHARD L JOHNSON. (ZESZOTARSKI, JOSEPH) (ENTERED: 03/10/2022)

(#7) MOTION FOR ENTRY OF DEFAULT FILED BY JUUL LABS, INC.. (ATTACHMENTS: #1 EXHIBIT EX. A - AFFIDAVIT OF SERVICE, #2 EXHIBIT EX. B - NC SECRETARY OF STATE INFORMATION FOR DEFENDANT, #3 EXHIBIT EX. C - PROPOSED ORDER) (KILLEN, CRAIG) (ENTERED: 05/17/2021)

TEXT ORDER REASSIGNING CASE. AT THE DIRECTION OF THE COURT, THIS CASE IS REASSIGNED TO UNITED STATES DISTRICT JUDGE JAMES C. DEVER III FOR ALL FURTHER PROCEEDINGS. CHIEF UNITED STATES DISTRICT JUDGE RICHARD E. MYERS II IS NO LONGER ASSIGNED TO THE CASE. ALL FUTURE FILINGS SHOULD REFLECT THE REVISED CASE NUMBER OF 5:21-CV-149-D. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 4/5/2021. (HOCKADAY, A.) (ENTERED: 04/05/2021)

(#36) ORDER GRANTING #34 MOTION TO AMEND SCHEDULING ORDER. THE PROVISIONS OF THE SCHEDULING ORDER NOT MODIFIED HEREIN REMAIN IN EFFECT. SIGNED BY US MAGISTRATE JUDGE ROBERT B. JONES, JR. ON 2/28/2022. (WADDELL, K.) (ENTERED: 02/28/2022)

MOTION REFERRED TO US MAGISTRATE JUDGE ROBERT B. JONES, JR. REGARDING #34 JOINT MOTION TO AMEND THE SCHEDULING ORDER. (WADDELL, K.) (ENTERED: 02/28/2022)

INTRADISTRICT TRANSFER TO NORTHERN DIVISION. NEW CASE NUMBER 2:21-CV-34-FL. (COLLINS, S.) (ENTERED: 07/26/2021)

(#20) ORDER - AT THE DIRECTION OF THE COURT, AND FOR THE CONTINUED EFFICIENT ADMINISTRATION OF JUSTICE, THE ABOVE-CAPTIONED CASE IS REDESIGNATED AS A NORTHERN DIVISION CASE. THE HONORABLE LOUISE WOOD FLANAGAN, UNITED STATES DISTRICT JUDGE, WILL REMAIN THE PRESIDING JUDGE. ALL FUTURE DOCUMENTS SHALL REFLECT THE NEW CASE NUMBER OF 2:21-CV-34-FL. NO FURTHER FILING SHALL BE MADE IN 4:21-CV-97-FL. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 7/26/2021. (COLLINS, S.) (ENTERED: 07/26/2021)

(#47) ORDER - DEFENDANTS' MOTION TO DISMISS THE ORIGINAL COMPLAINT [DE 22] IS DENIED AS MOOT, PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [DE 27] IS GRANTED AND DEFENDANTS' MOTION FOR SUMMARY JUDGMENT [DE 33] IS DENIED. ALTHOUGH PLAINTIFF HAS DISCUSSED ITS STIPULATION CONCERNING DAMAGES IN ITS BRIEFING, THE COURT DIRECTS THE PLAINTIFF TO FILE A SEPARATE MOTION OR STIPULATION AS TO DAMAGES. ONCE THE ISSUE OF DAMAGES IS RESOLVED BY SEPARATE ORDER, THE CLERK WILL ENTER JUDGMENT AND CLOSE THE FILE. SIGNED BY DISTRICT JUDGE TERRENCE W. BOYLE ON 5/13/2022. (STOUCH, L.) (ENTERED: 05/16/2022)

(#46) MINUTE ENTRY FOR PROCEEDINGS HELD IN RALEIGH, NC BEFORE DISTRICT JUDGE TERRENCE W. BOYLE: MOTION HEARING HELD ON 4/19/2022. ALL PARTIES PRESENT AND READY TO PROCEED. ORAL ARGUMENT HELD. A WRITTEN ORDER WILL FOLLOW.(COURT REPORTER MICHELLE MCGIRR) (STOUCH, L.) (ENTERED: 04/19/2022)

(#7) LETTER IN SUPPORT OF CLAIMS FILED BY JAMES GREGORY ARMISTEAD. (ATTACHMENT: #1 ENVELOPE) (INDIG, A.) (ENTERED: 06/04/2021)

MOTIONS SUBMITTED TO DISTRICT JUDGE JAMES C. DEVER III REGARDING #4 MOTION TO AMEND #1 COMPLAINT AND #5 MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES. CASE ALSO SUBMITTED FOR COMPLAINT REVIEW. (INDIG, A.) (ENTERED: 05/10/2021)

(#10) MAIL RETURNED AS UNDELIVERABLE. MAIL SENT TO STEVEN LITTLE RETURNED. UPON NCDPS QUERY IT WAS LEARNED THAT THE PLAINTIFF HAS BEEN MOVED TO GASTON CORRECTIONAL. PLAINTIFF'S ADDRESS HAS BEEN UPDATED AND DE #7 HAS BEEN RESENT. (LOPEZ, R.) (ENTERED: 06/11/2021)

(#9) ORDER - GRANTING #8 MOTION FOR VOLUNTARY DISMISSAL, AND THIS ACTION IS DISMISSED WITHOUT PREJUDICE. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY DISTRICT JUDGE TERRENCE W. BOYLE ON 6/7/2021. COPY OF ORDER SENT TO PLAINTIFF VIA U.S. MAIL. (POOLE, A) (ENTERED: 06/07/2021)

TEXT ORDER GRANTING DEFENDANTS' CONSENT MOTION FOR EXTENSION OF TIME #12 . FOR GOOD CAUSE SHOWN, IT IS ORDERED THAT DEFENDANTS HAVE UP TO AND INCLUDING JULY 19, 2021, WITHIN WHICH TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 6/15/2021. (HOCKADAY, A.) (ENTERED: 06/15/2021)

MOTION REFERRED TO PETER A. MOORE, JR., CLERK OF COURT REGARDING #12 CONSENT MOTION FOR EXTENSION OF TIME TO FILE ANSWER - SECOND CONSENT MOTION. (COLLINS, S.) (ENTERED: 06/15/2021)

(#16) ORDER - THE COURT HAS BEEN ADVISED THAT THE PARTIES HAVE SETTLED ALL MATTERS IN CONTROVERSY AMONG THEM. THEREFORE, THIS MATTER IS DISMISSED SUBJECT TO THE RIGHT OF ANY PARTY TO FILE A MOTION TO REOPEN THE CASE SHOULD SETTLEMENT NOT BE CONSUMMATED WITHIN 45 DAYS HEREOF. THE PARTIES ARE DIRECTED TO FILE THEIR STIPULATION OF DISMISSAL WITH PREJUDICE ON OR BEFORE JULY 17, 2021. AS THERE APPEARS TO BE NO FURTHER REASON AT THIS TIME TO MAINTAIN THE FILE AS AN OPEN ONE FOR STATISTICAL PURPOSES, THIS CASE IS REMOVED FROM THE ACTIVE DOCKET. SIGNED BY DISTRICT JUDGE LOUISE WOOD FLANAGAN ON 6/2/2021. (COLLINS, S.) (ENTERED: 06/02/2021)

(#15) NOTICE OF SETTLEMENT BY AMERICO FINANCIAL LIFE AND ANNUITY INSURANCE COMPANY, GREAT SOUTHERN LIFE INSURANCE COMPANY (SALUTA, GEMMA) (ENTERED: 05/26/2021)

(#13) NOTICE TO PARTIES REGARDING TRANSFER OF CASE SENT TO RUSSELL W. BUDD WAS RETURNED AS UNDELIVERABLE. (WADDELL, K.) (ENTERED: 06/17/2021)

NOTICE OF DEFICIENCY REGARDING #12 STIPULATION OF DISMISSAL. ALL COUNSEL APPEARING ON BEHALF OF A PARTY SHOULD FILE A NOTICE OF APPEARANCE PURSUANT TO LOCAL CIVIL RULE 5.2(A). THE DOCKET IN THIS CASE DOES NOT REFLECT THAT RUSSELL BUDD HAS MADE AN APPEARANCE IN THIS CASE. COUNSEL IS DIRECTED TO FILE A NOTICE OF APPEARANCE IN IN ACCORDANCE WITH THESE RULES OR REFILE THE STIPULATION OF DISMISSAL BEARING ONLY SIGNATURES OF COUNSEL FOR THE PARTIES WITH AN APPEARANCE IN THIS CASE. (WADDELL, K.) (ENTERED: 06/08/2021)

MOTION SUBMITTED TO DISTRICT JUDGE TERRENCE W. BOYLE REGARDING #6 MOTION TO CONTINUE. (POOLE, A) (ENTERED: 06/28/2021)

(#10) AFFIDAVIT OF SERVICE FOR SUMMONS AND COMPLAINT FILED BY AMBER JONES SERVED ON JANE AMMONS GILCHRIST ON 05/18/2021. (ATTACHMENTS: #1 EXHIBIT TRACKING RECEIPT) (JEFFERS, JESSIE) (ENTERED: 06/21/2021)

(#13) NOTICE OF VOLUNTARY DISMISSAL FILED BY MULLIGAN FUNDING, LLC AS TO MATTRESS CAPITAL, INC., A NORTH CAROLINA CORPORATION; WILMINGTON FURNITURE AND MATTRESS COMPANY, INC. D/B/A WILMINGTON FURNITURE, A NORTH CAROLINA CORPORATION; GOODNIGHT 101, INC., A NORTH CAROLINA CORPORATION; AND THOMAS KIRK ENGLEBRIGHT, AN INDIVIDUAL. (BENNINGTON, JENNIFER) (ENTERED: 06/22/2021)

(#12) SUMMONS RETURNED EXECUTED BY MULLIGAN FUNDING, LLC. THOMAS KIRK ENGLEBRIGHT SERVED ON 5/5/2021, ANSWER DUE 5/26/2021. (BENNINGTON, JENNIFER) (ENTERED: 05/05/2021)

CASE SUBMITTED TO DISTRICT JUDGE JAMES C. DEVER III FOR INITIAL REVIEW. (INDIG, A.) (ENTERED: 06/23/2021)

(#9) ORDER - GRANTING #5 MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES. SIGNED BY MAGISTRATE JUDGE ROBERT B. JONES, JR. ON 6/23/2021. COPY SENT TO PLAINTIFF VIA US MAIL. (INDIG, A.) (ENTERED: 06/23/2021)

(#10) LETTER FROM LUCAS CARLTON PROVIDING THE COURT WITH HIS TRUST FUND INFORMATION. (ATTACHMENTS: #1 PRISONER TRUST FUND, #2 ENVELOPE) (LOPEZ, R.) (ENTERED: 06/23/2021)

CASE SUBMITTED TO CHIEF JUDGE RICHARD E. MYERS II FOR INITIAL REVIEW. AS SOON AS REVIEW IS COMPLETED BY THE COURT, AN ORDER WILL ENTER AND THE NEXT APPROPRIATE STEP WILL BE TAKEN. (LOPEZ, R.) (ENTERED: 06/21/2021)

(#9) MAIL RETURNED AS UNDELIVERABLE - COPY OF #7 ORDER AND #8 JUDGMENT SENT TO CHARLES ROGERS. (ATTACHMENTS: #1 MAILED CONTENTS - ORDER AND JUDGMENT) (WADDELL, K.) (ENTERED: 06/29/2021)

(#8) JUDGMENT - SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 6/16/2021. (COPY OF JUDGMENT SENT TO CHARLES R. ROGERS, 1100 PEACHTREE RD., SUITE 200, ATLANTA, GA 30329 VIA US MAIL.) (WADDELL, K.) (ENTERED: 06/16/2021)

(#23) DECLARATION FILED BY DAVID PECHE. (ATTACHMENT: #1 ENVELOPE) (POOLE, A) (ENTERED: 07/14/2021)

MOTION SUBMITTED TO CHIEF JUDGE RICHARD E. MYERS, II REGARDING #22 MOTION FOR THESE DOCUMENTS, LETTERS, AFFIDAVITS, ETC., TO BE EXCEPTED AS EVIDENCE BY THE COURT IN THIS CASE. (POOLE, A) (ENTERED: 07/14/2021)

(#18) ORDER APPOINTING MEDIATOR. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 7/15/2021. COPY SENT VIA US MAIL TO JACQUELINE R. CLARE ATTORNEY AT LAW AT 1011 VANCE STREET, RALEIGH, NC 27608. (STOUCH, L.) (ENTERED: 07/15/2021)

(#17) SELECTION OF JACQUELINE R. CLARE AS MEDIATOR FILED BY WAUPACA ELEVATOR COMPANY, INC.. (PETTEY, RODNEY) (ENTERED: 07/14/2021)

(#98) ORDER GRANTING #60 MOTION FOR REFUND OF FEES PAID ELECTRONICALLY. SIGNED BY CHIEF US DISTRICT JUDGE RICHARD E. MYERS II ON 7/7/2021. (WADDELL, K.) (ENTERED: 07/08/2021)

NOTICE TO COUNSEL REGARDING: #97 FINANCIAL DISCLOSURE STATEMENT. COUNSEL IS REMINDED THAT THE FILING USER MUST LOCK OR FLATTEN THE PDF DOCUMENT. FAILURE TO FLATTEN DOCUMENTS MAY RESULT IN THE CLERKS OFFICE ISSUING A NOTICE OF DEFICIENCY. COUNSEL SHOULD "FLATTEN" THE DOCUMENT PRIOR TO ATTACHING IT IN ACCORDANCE WITH SECTION IV.B OF THE CM/ECF POLICIES AND PROCEDURES MANUAL. THE DEPUTY CLERK WILL FLATTEN THE DOCUMENT. NO NEED TO REFILE AT THIS TIME. (WADDELL, K.) (ENTERED: 07/02/2021)

(#9) PETITIONER'S ERRATA REGARDING #1 PETITION FOR WRIT OF HABEAS CORPUS FILED BY NORMAN FELTS. (ATTACHMENT: #1 ENVELOPE) (INDIG, A.) (ENTERED: 07/15/2021)

(#8) NOTICE OF APPEARANCE FILED BY CHRISTINA A. KELLEY ON BEHALF OF R. RAMOS. (KELLEY, CHRISTINA) (ENTERED: 07/12/2021)

(#8) LETTER FROM S. COLLINS, DEPUTY CLERK, TO THE HONORABLE CAROL WHITE, CLERK OF COURT OF EDGECOMBE COUNTY, ENCLOSING CERTIFIED COPIES OF ORDER #6 AND JUDGMENT #7 . (COLLINS, S.) (ENTERED: 07/16/2021)

(#7) JUDGMENT - IN ACCORDANCE WITH THE COURT'S ORDER ENTERED JULY 16, 2021, MORE PARTICULARLY DESCRIBED THEREIN, THAT THE CAPTIONED ACTION BE AND HEREBY IS REMANDED TO EDGECOMBE COUNTY SUPERIOR COURT. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 7/16/2021. COPIES OF THIS JUDGMENT WERE SENT VIA US MAIL TO LLOYD B. WALLACE (VIA US MAIL) 160 CHANDLER FIELD DRIVE, CONVINGTON, GA 30016 AND THE HONORABLE CAROL WHITE (VIA U.S. MAIL AT EDGECOMBE COUNTY CLERK OF SUPERIOR COURT, P. O. DRAWER 9, TARBORO, NC 27886) (COLLINS, S.) (ENTERED: 07/16/2021)

(#8) DOCUMENT: MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES FOR PURPOSE OF MARSHAL SERVICE ONLY FILED BY RAJUL RUHBAYAN. (ATTACHMENTS: #1 DOCUMENT IN SUPPORT, #2 COVER LETTER, #3 ENVELOPE) (POOLE, A) (ENTERED: 07/09/2021)

MOTION SUBMITTED TO DISTRICT JUDGE TERRENCE W. BOYLE REGARDING #6 MOTION FOR COURT INTERVENTION REGARDING BOP'S MISHANDLING OF LEGAL MAIL, #4 MOTION TO AMEND #1 COMPLAINT AND CASE SUBMITTED FOR INITIAL REVIEW. (POOLE, A) (ENTERED: 06/24/2021)

(#6) PRISONER TRUST FUND ACCOUNT STATEMENT. (INDIG, A.) (ENTERED: 06/18/2021)

(#5) LETTER FROM STEVEN KELLY REGARDING HIS LEGAL MAIL BEING READ BY PRISON EMPLOYEES. (ATTACHMENTS: #1 ENVELOPE FROM THE COURT, #2 ENVELOPE) (INDIG, A.) (ENTERED: 06/18/2021)

TEXT ORDER GRANTING DEFENDANTS' MOTION FOR EXTENSION OF TIME TO ANSWER #6 . FOR GOOD CAUSE SHOWN, IT IS ORDERED THAT DEFENDANTS HAVE UP TO AND INCLUDING JULY 30, 2021, WITHIN WHICH TO ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT #1 . SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 7/6/2021. (HOCKADAY, A.) (ENTERED: 07/06/2021)

MOTION REFERRED TO PETER A. MOORE, JR., CLERK OF COURT REGARDING #6 MOTION FOR EXTENSION OF TIME TO FILE ANSWER. (STOUCH, L.) (ENTERED: 07/06/2021)

(#12) ORDER FOR DISCOVERY PLAN SENT TO ALL PARTIES. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 7/6/2021. (STOUCH, L.) (ENTERED: 07/06/2021)

(#11) ANSWER TO #1 COMPLAINT BY HERC RENTALS, INC. (CALABRO, REGINA) (ENTERED: 06/29/2021)

INTRADISTRICT TRANSFER TO EASTERN DIVISION; NEW CASE NUMBER: 4:21-CV-74-M. (WADDELL, K.) (ENTERED: 05/14/2021)

(#5) ORDER REDESIGNATING DIVISION TO THE EASTERN DIVISION. THE HONORABLE RICHARD E. MYERS II, CHIEF UNITED STATES DISTRICT JUDGE, WILL REMAIN THE PRESIDING JUDGE. ALL FUTURE DOCUMENTS SHALL REFLECT THE NEW CASE NUMBER OF 4:21-CV-74-M. NO FURTHER FILING SHALL BE MADE IN 5:21-CV-222-M. SIGNED BY PETER A. MOORE, JR., CLERK OF COURT ON 5/14/2021. (WADDELL, K.) (ENTERED: 05/14/2021)