Case number 3:18-cv-00345
True Homes, LLC v. CMH Manufacturing, Inc., et al > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Aug 23, 2022 | 33 | Main Document (3) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply re: [31] MOTION to Dismiss by True Homes LLC. Responses due by 5/8/2019 (Attachments: # (1) Proposed Order)(Allan, Albert) |
| Aug 23, 2022 | 33 | Proposed Order (2) |
| Aug 9, 2021 | 215 | Transcript - Appeal (226) Docket Text: TRANSCRIPT of Jury Trial Proceedings, Volume I of IV, held on 3/29/2021 before Judge Kenneth D. Bell NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov(Does this satisfy all appellate orders for this reporter? - No.) Release of Transcript Restriction set for 11/4/2021. (Reporter: Jill Turner, 704-350-7495) |
| Aug 9, 2021 | 216 | Transcript - Appeal (162) Docket Text: TRANSCRIPT of Jury Trial Proceedings, Volume II of IV, held on 3/30/2021 before Judge Kenneth D. Bell NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov(Does this satisfy all appellate orders for this reporter? - No.) Release of Transcript Restriction set for 11/4/2021. (Reporter: Jill Turner, 704-350-7495) |
| Aug 9, 2021 | 217 | Transcript - Appeal (279) Docket Text: TRANSCRIPT of Jury Trial Proceedings, Volume III of IV, held on 3/31/2021 before Judge Kenneth D. Bell NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov(Does this satisfy all appellate orders for this reporter? - No.) Release of Transcript Restriction set for 11/4/2021. (Reporter: Jill Turner, 704-350-7495) |
| Aug 9, 2021 | 218 | Transcript - Appeal (100) Docket Text: TRANSCRIPT of Jury Trial Proceedings, Volume IV of IV, held on 4/1/2021 before Judge Kenneth D. Bell NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov(Does this satisfy all appellate orders for this reporter? - Yes.) Release of Transcript Restriction set for 11/4/2021. (Reporter: Jill Turner, 704-350-7495) |
| May 19, 2021 | 213 | Transcript Request - Appeal (1) Docket Text: TRANSCRIPT REQUEST by True Homes LLC for proceedings held on March 29, 2021 to April 1, 2021 before Judge Kenneth D. Bell, (Allan, Albert) |
| May 19, 2021 | 214 | Transcript Order Acknowledgment - Appeal (5) Docket Text: USCA TRANSCRIPT ORDER ACKNOWLEDGMENT re [210] Notice of Appeal [21-1532]. Court Reporter: Jill Turner. Current Deadline: 07/26/2021. Proceedings: 03/29/2021 - 04/01/2021 trial proceedings. Ordering Party(ies): Albert P. Allan, retained counsel for plaintiff/appellant True Homes LLC. (rhf) |
| May 5, 2021 | 212 | Case Number - Court of Appeals (1) Docket Text: USCA Case Number 21-1532 for [210] Notice of Appeal, USCA Case Manager: Michael Radday. (hms) |
| May 3, 2021 | 210 | Notice of Appeal (3) Docket Text: NOTICE OF APPEAL by True Homes LLC. Filing fee $ 505, receipt number 0419-5012528. Use this link www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Allan, Albert) |
| May 3, 2021 | 211 | Transmission of Notice of Appeal to USCA (1) Docket Text: Transmission of Notice of Appeal to US Court of Appeals re [210] Notice of Appeal (tmg) |
| Apr 1, 2021 | N/A | Jury Trial (0) Docket Text: Minute Entry: JURY TRIAL held before District Judge Kenneth D. Bell. Closing arguments. Courts charge. Jury retires to deliberate. Jury returns verdict. Plaintiffs attorney: Albert Allan and Mark Hinson. Defendants attorney: Anne Tompkins, James Lester, Scott Brown, Thomas Thagard, III. Court reporter: Jill Turner. (nvc) |
| Apr 1, 2021 | 205 | Main Document (1) Docket Text: JURY VERDICT (Attachments: # (1) Unredacted Signature Page)(nvc) |
| Apr 1, 2021 | 205 | *Restricted* (1) |
| Apr 1, 2021 | 208 | Clerk's Judgment (1) Docket Text:CLERK'S JUDGMENT is hereby entered in accordance with the Jury Verdict entered on 4/1/2021. Signed by Clerk, Frank G. Johns. (nvc) |
| Apr 1, 2021 | 209 | Report Regarding Patent & Trademark (1) Docket Text: REPORT on the Determination of an action regarding trademark number contained in complaint. (nvc) |
| Mar 31, 2021 | N/A | Order on Motion for Judgment as a Matter of Law (0) Docket Text: Minute Order: JURY TRIAL held before District Judge Kenneth D. Bell. Evidence Introduced. Defendant rested. Motion for Judgment as a Matter of Law is Denied by Court. ( Jury Trial continues on 4/1/2021 08:45 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell.); Motion terminated: [202] Motion for Judgment as a Matter of Law. Plaintiffs attorney: Albert Allan and Mark Hinson. Defendants attorney: Anne Tompkins, James Lester, Scott Brown, Thomas Thagard, III. Court reporter: Jill Turner. (nvc) |
| Mar 31, 2021 | 203 | Motion for Judgment as a Matter of Law (21) Docket Text: MOTION for Judgment as a Matter of Law Defendants' Motion for Judgment as a Matter of Law on True Homes, LLC's Liability Claims at the Close of All Evidence by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 4/14/2021 (Lester, James). Motion no longer referred to David Keesler. Modified referral on 4/1/2021 (nvc). |
| Mar 31, 2021 | 204 | Proposed Jury Instructions (10) Docket Text: Proposed Jury Instructions by CMH Homes, Inc., CMH Manufacturing, Inc.(Lester, James) |
| Mar 30, 2021 | N/A | Jury Trial (0) Docket Text: Minute Entry: JURY TRIAL held before District Judge Kenneth D. Bell. Evidence Introduced. Plaintiff rested. Jury Trial continues on 3/31/2021 08:45 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. Plaintiffs attorney: Albert Allan and Mark Hinson. Defendants attorney: Anne Tompkins, James Lester, Scott Brown, Thomas Thagard, III. Court reporter: Jill Turner. (nvc) |
| Mar 30, 2021 | 202 | Motion for Judgment as a Matter of Law (21) Docket Text: MOTION for Judgment as a Matter of Law Defendants' Motion for Judgment as a Matter of Law on True Homes, LLC's Liability Claims at the Close of Plaintiff's Case by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 4/13/2021 (Lester, James). Motion no longer referred to David Keesler. Modified text on 3/31/2021 (nvc). |
| Mar 29, 2021 | N/A | Jury Trial (0) Docket Text: Minute Entry: JURY TRIAL held before District Judge Kenneth D. Bell. Jury selected and sworn. Opening Statements. Evidence Introduced. Jury Trial continues on 3/30/2021 08:45 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. Plaintiffs attorney: Albert Allan and Mark Hinson. Defendants attorney: Anne Tompkins, James Lester, Scott Brown, Thomas Thagard, III. Court reporter: Jill Turner. (nvc) |
| Mar 29, 2021 | 201 | Order Returning Trial Exhibits (1) Docket Text:ORDER RETURNING TRIAL EXHIBITS. Signed by District Judge Kenneth D. Bell on 3/29/2021. (nvc) Modified filed date on 3/30/2021 (rth). |
| Mar 26, 2021 | 195 | Exhibit List (3) Docket Text: Exhibit List Trial Stipulations by CMH Homes, Inc., CMH Manufacturing, Inc..(Lester, James) |
| Mar 26, 2021 | 196 | Exhibit List (19) Docket Text: Exhibit List Defendants' Exhibit List by CMH Homes, Inc., CMH Manufacturing, Inc..(Lester, James) |
| Mar 26, 2021 | 198 | Exhibit List (9) Docket Text: Exhibit List by True Homes LLC.(Hinson, Mark) |
| Mar 26, 2021 | 199 | Stipulation (3) Docket Text: STIPULATION by True Homes LLC (Hinson, Mark) |
| Mar 24, 2021 | 194 | Order (13) Docket Text:ORDER ON OBJECTIONS TO DEPOSITION DESIGNATIONS. Signed by District Judge Kenneth D. Bell on 3/24/2021. (nvc) |
| Mar 23, 2021 | N/A | Set/Reset Hearings (0) Docket Text: Set/Reset Hearings:Jury Selection & Jury Trial set for 3/29/2021 09:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. (nvc) |
| Mar 22, 2021 | N/A | Pretrial Conference (0) Docket Text: Minute Entry: PRETRIAL CONFERENCE held before District Judge Kenneth D. Bell. Plaintiffs attorney: Albert Allan, Mark Hinson. Defendants attorney: Anne Tompkins, James Lester, Scott Brown, Thomas Thagard, III. Court reporter: Jill Turner. (nvc) |
| Mar 22, 2021 | 193 | Order on Motion in Limine (2) Docket Text:ORDER on Defendants' motions in limine. The Court defers ruling on [134], [141] and [143] Motions; denying as moot [139] Motion in Limine; granting as stated in the pretrial hearing [136] Motion in Limine. Signed by District Judge Kenneth D. Bell on 3/22/2021. (nvc) |
| Mar 19, 2021 | 183 | Memorandum in Support of Motion (8) Docket Text: MEMORANDUM in Support re [143] MOTION in Limine Defendants' Motion in Limine to Exclude Evidence of Defendants' Revenues and Profits from Outside North Carolina and South CarolinaDefendants' Reply Memorandum in Support of Their Motion in Limine to Exclude Evidence of Defendants' Revenues and Profits from Outside North Carolina and South Carolina by CMH Homes, Inc., CMH Manufacturing, Inc.. (Lester, James) |
| Mar 19, 2021 | 187 | Main Document (7) Docket Text: RESPONSE in Support re [141] MOTION in Limine Defendants' Motion in Limine to Exclude Expert Testimony Not Previously DisclosedDefendants' Reply in Support of Their Motion in Limine to Exclude Expert Testimony Not Previously Disclosed by CMH Homes, Inc., CMH Manufacturing, Inc.. (Attachments: # (1) Exhibit 1)(Lester, James) |
| Mar 19, 2021 | 187 | Exhibit 1 (5) |
| Mar 18, 2021 | 182 | Response in Support of Motion (12) Docket Text: RESPONSE in Support re [136] MOTION in Limine Defendants' Motion in Limine to Exclude Misdirected CommunicationsDefendants' Reply in Support of Their Motion in Limine to Exclude Evidence of Misdirected Communications by CMH Homes, Inc., CMH Manufacturing, Inc.. (Lester, James) |
| Mar 15, 2021 | 150 | Proposed Voir Dire (9) Docket Text: Proposed Voir Dire by CMH Homes, Inc., CMH Manufacturing, Inc.(Lester, James) |
| Mar 15, 2021 | 151 | Main Document (4) Docket Text: Proposed Jury Instructions by CMH Homes, Inc., CMH Manufacturing, Inc. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Lester, James) |
| Mar 15, 2021 | 151 | Exhibit 1 (27) |
| Mar 15, 2021 | 151 | Exhibit 2 (27) |
| Mar 15, 2021 | 151 | Exhibit 3 (12) |
| Mar 15, 2021 | 151 | Exhibit 4 (21) |
| Mar 15, 2021 | 151 | Exhibit 5 (15) |
| Mar 15, 2021 | 153 | Response in Opposition to Motion (5) Docket Text: RESPONSE in Opposition re [134] MOTION in Limine Defendants' Motion in Limine to Exclude Evidence of Damages Not Previously Disclosed by True Homes LLC. Replies due by 3/22/2021 (Allan, Albert) |
| Mar 15, 2021 | 154 | Response in Opposition to Motion (5) Docket Text: RESPONSE in Opposition re [139] MOTION in Limine Defendants' Motion in Limine as to the Parties' Agreement to Resolve Motion for Preliminary Injunction by True Homes LLC. Replies due by 3/22/2021 (Allan, Albert) |
| Mar 15, 2021 | 155 | Response in Opposition to Motion (5) Docket Text: RESPONSE in Opposition re [141] MOTION in Limine Defendants' Motion in Limine to Exclude Expert Testimony Not Previously Disclosed by True Homes LLC. Replies due by 3/22/2021 (Allan, Albert) |
| Mar 15, 2021 | 156 | Response in Opposition to Motion (15) Docket Text: RESPONSE in Opposition re [143] MOTION in Limine Defendants' Motion in Limine to Exclude Evidence of Defendants' Revenues and Profits from Outside North Carolina and South Carolina by True Homes LLC. Replies due by 3/22/2021 (Allan, Albert) |
| Mar 15, 2021 | 157 | Response in Opposition to Motion (17) Docket Text: RESPONSE in Opposition re [136] MOTION in Limine Defendants' Motion in Limine to Exclude Misdirected Communications by True Homes LLC. Replies due by 3/22/2021 (Allan, Albert) |
| Mar 3, 2021 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Redacted versions of documents due by 3/4/2021. (mga) |
| Mar 3, 2021 | 149 | Order on Motion to Seal Document (3) Docket Text:ORDER granting [146] Defendants' Unopposed Motion to Seal Documents Nos. 133, 138, 138-1, 138-2, 145, 145-1, 145-2, 145-3, and 145-4. Redacted versions of all these documents should be filed by March 4, 2021. Signed by Magistrate Judge David Keesler on 3/3/21. (mga) Modified text on 3/3/2021 (mga), 3/8/2021 (rth). |
| Mar 2, 2021 | N/A | Notice of Hearing (0) Docket Text: NOTICE of Hearing: Pretrial Conference set for 3/22/2021 10:00 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(nvc) |
| Mar 2, 2021 | 148 | Order (3) Docket Text:ORDER on the Presentation of Damages Evidence. Signed by District Judge Kenneth D. Bell on 3/2/21. (nvc) |
| Mar 1, 2021 | N/A | Status Conference (0) Docket Text: Minute Entry: Telephonic STATUS CONFERENCE held before District Judge Kenneth D. Bell on 3/1/2021. (nvc) |
| Mar 1, 2021 | 132 | Trial Brief (21) Docket Text: TRIAL BRIEF by CMH Homes, Inc., CMH Manufacturing, Inc.(Lester, James) |
| Mar 1, 2021 | 134 | Motion in Limine (4) Docket Text: MOTION in Limine Defendants' Motion in Limine to Exclude Evidence of Damages Not Previously Disclosed by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 3/15/2021 (Lester, James) |
| Mar 1, 2021 | 135 | Memorandum in Support of Motion (10) Docket Text: MEMORANDUM in Support re [134] MOTION in Limine Defendants' Motion in Limine to Exclude Evidence of Damages Not Previously Disclosed by CMH Homes, Inc., CMH Manufacturing, Inc.. (Lester, James) |
| Mar 1, 2021 | 136 | Motion in Limine (4) Docket Text: MOTION in Limine Defendants' Motion in Limine to Exclude Misdirected Communications by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 3/15/2021 (Lester, James) |
| Mar 1, 2021 | 137 | Main Document (14) Docket Text: MEMORANDUM in Support re [136] MOTION in Limine Defendants' Motion in Limine to Exclude Misdirected Communications by CMH Homes, Inc., CMH Manufacturing, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lester, James) |
| Mar 1, 2021 | 137 | Exhibit A (1) |
| Mar 1, 2021 | 137 | Exhibit B (1) |
| Mar 1, 2021 | 137 | Exhibit C (3) |
| Mar 1, 2021 | 137 | Exhibit D (1) |
| Mar 1, 2021 | 139 | Motion in Limine (3) Docket Text: MOTION in Limine Defendants' Motion in Limine as to the Parties' Agreement to Resolve Motion for Preliminary Injunction by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 3/15/2021 (Lester, James) |
| Mar 1, 2021 | 140 | Memorandum in Support of Motion (5) Docket Text: MEMORANDUM in Support re [139] MOTION in Limine Defendants' Motion in Limine as to the Parties' Agreement to Resolve Motion for Preliminary Injunction by CMH Homes, Inc., CMH Manufacturing, Inc.. (Lester, James) |
| Mar 1, 2021 | 141 | Motion in Limine (3) Docket Text: MOTION in Limine Defendants' Motion in Limine to Exclude Expert Testimony Not Previously Disclosed by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 3/15/2021 (Lester, James) |
| Mar 1, 2021 | 142 | Memorandum in Support of Motion (5) Docket Text: MEMORANDUM in Support re [141] MOTION in Limine Defendants' Motion in Limine to Exclude Expert Testimony Not Previously Disclosed by CMH Homes, Inc., CMH Manufacturing, Inc.. (Lester, James) |
| Mar 1, 2021 | 143 | Motion in Limine (3) Docket Text: MOTION in Limine Defendants' Motion in Limine to Exclude Evidence of Defendants' Revenues and Profits from Outside North Carolina and South Carolina by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 3/15/2021 (Lester, James) |
| Mar 1, 2021 | 144 | Main Document (10) Docket Text: MEMORANDUM in Support re [143] MOTION in Limine Defendants' Motion in Limine to Exclude Evidence of Defendants' Revenues and Profits from Outside North Carolina and South Carolina by CMH Homes, Inc., CMH Manufacturing, Inc.. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D)(Lester, James) |
| Mar 1, 2021 | 144 | Exhibit A (1) |
| Mar 1, 2021 | 144 | Exhibit B (1) |
| Mar 1, 2021 | 144 | Exhibit C (1) |
| Mar 1, 2021 | 144 | Exhibit D (1) |
| Mar 1, 2021 | 146 | Motion to Seal Document (4) Docket Text: Unopposed MOTION to Seal Document [145] Sealed Document,,, [138] Sealed Document,, [133] Sealed Document, Unopposed Motion to File Documents Under Seal by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 3/15/2021 (Lester, James). Motions referred to David Keesler. |
| Mar 1, 2021 | 147 | Trial Brief (23) Docket Text: TRIAL BRIEF by True Homes LLC(Allan, Albert) |
| Feb 26, 2021 | N/A | Notice of Hearing (0) Docket Text: NOTICE of Hearing: Telephonic Status Conference set for 3/1/2021 02:00 PM in Chambers before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(nvc) |
| Jan 5, 2021 | N/A | Order on Motion to Continue Docket Call/Trial (0) Docket Text:TEXT-ONLY ORDER granting [131] Motion to Continue Docket Call/Trial. Jury Trial RESET for 3/29/2021 09:30 AM in Courtroom, 200 W Broad St, Statesville, NC 28677 before District Judge Kenneth D. Bell. Entered at the direction of District Judge Kenneth D. Bell on 1/5/2021. (nvc) |
| Jan 4, 2021 | 131 | Motion to Continue Docket Call/Trial (3) Docket Text: Joint MOTION to Continue Docket Call/Trial to March 29, 2021 by CMH Homes, Inc., CMH Manufacturing, Inc.. Responses due by 1/19/2021 (Tompkins, Anne) |
| Dec 1, 2020 | 130 | Notice (Other) (4) Docket Text: NOTICE of Potential Scheduling Conflict by True Homes LLC (Allan, Albert) |
| Nov 10, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry: TELEPHONE CONFERENCE regarding discovery dispute held before Magistrate Judge David Keesler. Plaintiffs attorney: Albert P. Allan. Defendants attorney: Scott S. Brown, Anne M. Tompkins, Thomas W. Thagard III, James C. Lester. (kab) |
| Nov 10, 2020 | 129 | Order (1) Docket Text:ORDER directing Defendants to provide discovery responses as set forth herein and during the telephone conference held on 11/10/2020 on or before 12/15/2020. Signed by Magistrate Judge David Keesler on 11/10/2020. (mek) |
| Nov 5, 2020 | 128 | Order on Motion for Summary Judgment (26) Docket Text:ORDER: Defendants CMH Manufacturing, Inc and CMH Homes, Inc's [103] Motion for Summary Judgment is DENIED, Defendants Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated, and 21st Mortgage Corporation [103] Motion for Summary Judgment is GRANTED. Plaintiff True Homes LLC [108] Motion for Summary Judgment is DENIED. This case shall proceed to trial on the merits on the remaining claims. Signed by District Judge Kenneth D. Bell on 11/4/2020. (tmg) |
| Nov 2, 2020 | 127 | Status Report (1) Docket Text: Joint STATUS REPORT Regarding Discovery Dispute by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated (Sneed, Jason) Modified text on 11/5/2020 (tmg). |
| Oct 21, 2020 | 126 | Order on Motion to Seal Document (2) Docket Text:ORDER granting [124] Plaintiff True Homes' Motion to File Reply In Support Of Partial Motion For Summary Judgment Under Seal. Plaintiff True Homes Reply In Support Of Its Motion For Partial Summary Judgment [123] shall remain under seal until otherwise ordered by the Court. Signed by Magistrate Judge David Keesler on 10/21/20. (mga) |
| Oct 20, 2020 | 124 | Motion to Seal Document (5) Docket Text: Unopposed MOTION to Seal Document [123] Sealed Reply to Response to Motion, by True Homes LLC. Responses due by 11/3/2020 (Allan, Albert). Motions referred to David Keesler. |
| Oct 20, 2020 | 125 | Memorandum in Support of Motion (7) Docket Text: MEMORANDUM in Support re [124] Unopposed MOTION to Seal Document [123] Sealed Reply to Response to Motion, by True Homes LLC. (Allan, Albert) |
| Oct 19, 2020 | 121 | Main Document (18) Docket Text: REPLY to Response to Motion re [103] MOTION for Summary Judgment Defendants' Omnibus Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56Defendants Omnibus Reply Brief in Support of Motion for Summary Judgment by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Lester, James) |
| Oct 19, 2020 | 121 | Exhibit 1 (10) |
| Oct 19, 2020 | 121 | Exhibit 2 (9) |
| Oct 19, 2020 | 121 | Exhibit 3 (3) |
| Oct 19, 2020 | 122 | Reply to Response to Motion (13) Docket Text: REPLY to Response to Motion re [108] MOTION for Summary Judgment (Redacted) by True Homes LLC. (Allan, Albert) |
| Oct 13, 2020 | 120 | Order on Motion to Seal Document (3) Docket Text:ORDER granting [118] Motion to Seal Document. Document No. 117 and its attachments shall remain under seal until otherwise ordered by this Court. IT IS FURTHER ORDERED that Plaintiff shall file a publicly available redacted versions of these sealed documents on or before 10/19/2020. Signed by Magistrate Judge David Keesler on 10/13/2020. (brl) |
| Oct 11, 2020 | 118 | Motion to Seal Document (5) Docket Text: Unopposed MOTION to Seal Document [117] Sealed Response to Motion,, by True Homes LLC. Responses due by 10/26/2020 (Allan, Albert). Motions referred to David Keesler. |
| Oct 11, 2020 | 119 | Memorandum in Support of Motion (7) Docket Text: MEMORANDUM in Support re [118] Unopposed MOTION to Seal Document [117] Sealed Response to Motion,, by True Homes LLC. (Allan, Albert) |
| Oct 9, 2020 | 115 | Main Document (30) Docket Text: MEMORANDUM in Opposition re [108] MOTION for Summary Judgment by CMH Homes, Inc., CMH Manufacturing, Inc.. Replies due by 10/16/2020 (Attachments: # (1) Exhibit 1)(Lester, James) |
| Oct 9, 2020 | 115 | Exhibit 1 (2) |
| Oct 9, 2020 | 116 | Main Document (35) Docket Text: RESPONSE in Opposition re [103] MOTION for Summary Judgment Defendants' Omnibus Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56[Redacted] by True Homes LLC. Replies due by 10/16/2020 (Attachments: # (1) Exhibit 1 - Filed Under Seal, # (2) Exhibit 2 - Filed Under Seal)(Allan, Albert) |
| Oct 9, 2020 | 116 | Exhibit 1 - Filed Under Seal (1) |
| Oct 9, 2020 | 116 | Exhibit 2 - Filed Under Seal (1) |
| Sep 25, 2020 | 114 | Main Document (27) Docket Text: MEMORANDUM in Support re [108] MOTION for Summary Judgment (Redacted) by True Homes LLC. (Attachments: # (1) Exhibit 1 - True Homes Registration, # (2) Exhibit 2 - Boyce Declaration 9/18/20, # (3) Exhibit 3 - Examples of True Homes Use, # (4) Exhibit 4 - Boyce Declaration 8/8/18, # (5) Exhibit 5 - Under Seal, # (6) Exhibit 6 - Tru Homes Website Pages, # (7) Exhibit 7 - Under Seal, # (8) Exhibit 8 - Under Seal, # (9) Exhibit 9 - Under Seal, # (10) Exhibit 10 - Defendants Responses to Requests for Admissions, # (11) Exhibit 11 - Baber Declaration, # (12) Exhibit 12 - Brown Declaration, # (13) Exhibit 13 - McCall Declaration, # (14) Exhibit 14 - Under Seal, # (15) Exhibit 15 - Under Seal, # (16) Exhibit 16 - Under Seal)(Allan, Albert) |
| Sep 25, 2020 | 114 | Exhibit 1 - True Homes Registration (2) |
| Sep 25, 2020 | 114 | Exhibit 2 - Boyce Declaration 9/18/20 (2) |
| Sep 25, 2020 | 114 | Exhibit 3 - Examples of True Homes Use (73) |
| Sep 25, 2020 | 114 | Exhibit 4 - Boyce Declaration 8/8/18 (2) |
| Sep 25, 2020 | 114 | Exhibit 5 - Under Seal (1) |
| Sep 25, 2020 | 114 | Exhibit 6 - Tru Homes Website Pages (4) |
| Sep 25, 2020 | 114 | Exhibit 7 - Under Seal (1) |
| Sep 25, 2020 | 114 | Exhibit 8 - Under Seal (1) |
| Sep 25, 2020 | 114 | Exhibit 9 - Under Seal (1) |
| Sep 25, 2020 | 114 | Exhibit 10 - Defendants Responses to Requests for Admissions (11) |
| Sep 25, 2020 | 114 | Exhibit 11 - Baber Declaration (3) |
| Sep 25, 2020 | 114 | Exhibit 12 - Brown Declaration (3) |
| Sep 25, 2020 | 114 | Exhibit 13 - McCall Declaration (3) |
| Sep 25, 2020 | 114 | Exhibit 14 - Under Seal (1) |
| Sep 25, 2020 | 114 | Exhibit 15 - Under Seal (1) |
| Sep 25, 2020 | 114 | Exhibit 16 - Under Seal (1) |
| Sep 21, 2020 | N/A | Set/Reset Deadlines (0) Docket Text: Set/Reset Deadlines: Redacted Document due by 9/25/2020. (mga) |
| Sep 21, 2020 | 112 | Order on Motion to Seal Document (2) Docket Text:ORDER granting [106] Defendants' Unopposed Motion to File Documents Under Seal. Document No. 105 and its attachments shall remain under seal until otherwise ordered by the Court. Signed by Magistrate Judge David Keesler on 9/21/20. (mga) |
| Sep 21, 2020 | 113 | Order on Motion to Seal Document (3) Docket Text:ORDER granting [110] Plaintiff True Homes Motion to File Memorandum In Support of Partial Motion for Summary Judgment and Accompanying Exhibits Under Seal. Document [109] and its attachments shall remain under seal until otherwise ordered by the Court. Plaintiff shall file a publicly available redacted version of it"... Memorandum in Support of Motion for Partial Summary Judgment" (Document No. 109) on or before September 25, 2020. Signed by Magistrate Judge David Keesler on 9/21/20. (mga) |
| Sep 19, 2020 | 110 | Motion to Seal Document (5) Docket Text: Unopposed MOTION to Seal Document [109] Sealed Document,,,, Memorandum in Support of Motion for Partial Summary Judgment and Accompanying Exhibits by True Homes LLC. Responses due by 10/5/2020 (Allan, Albert). Motions referred to David Keesler. |
| Sep 19, 2020 | 111 | Memorandum in Support of Motion (7) Docket Text: MEMORANDUM in Support re [110] Unopposed MOTION to Seal Document [109] Sealed Document,,,, Memorandum in Support of Motion for Partial Summary Judgment and Accompanying Exhibits by True Homes LLC. (Allan, Albert) |
| Sep 18, 2020 | 103 | Motion for Summary Judgment (4) Docket Text: MOTION for Summary Judgment Defendants' Omnibus Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56 by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. Responses due by 10/2/2020 (Lester, James) |
| Sep 18, 2020 | 104 | Main Document (37) Docket Text: MEMORANDUM in Support re [103] MOTION for Summary Judgment Defendants' Omnibus Motion for Summary Judgment Pursuant to Fed. R. Civ. P. 56Defendants' Omnibus Brief in Support of Motion for Summary Judgment by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) Exhibit 30, # (31) Exhibit 31, # (32) Exhibit 32, # (33) Exhibit 33, # (34) Exhibit 34, # (35) Exhibit 35, # (36) Exhibit 36, # (37) Exhibit 37, # (38) Exhibit 38)(Lester, James) |
| Sep 18, 2020 | 104 | Exhibit 1 (78) |
| Sep 18, 2020 | 104 | Exhibit 2 (21) |
| Sep 18, 2020 | 104 | Exhibit 3 (19) |
| Sep 18, 2020 | 104 | Exhibit 4 (19) |
| Sep 18, 2020 | 104 | Exhibit 5 (41) |
| Sep 18, 2020 | 104 | Exhibit 6 (15) |
| Sep 18, 2020 | 104 | Exhibit 7 (11) |
| Sep 18, 2020 | 104 | Exhibit 8 (10) |
| Sep 18, 2020 | 104 | Exhibit 9 (1) |
| Sep 18, 2020 | 104 | Exhibit 10 (3) |
| Sep 18, 2020 | 104 | Exhibit 11 (48) |
| Sep 18, 2020 | 104 | Exhibit 12 (2) |
| Sep 18, 2020 | 104 | Exhibit 13 (4) |
| Sep 18, 2020 | 104 | Exhibit 14 (3) |
| Sep 18, 2020 | 104 | Exhibit 15 (3) |
| Sep 18, 2020 | 104 | Exhibit 16 (8) |
| Sep 18, 2020 | 104 | Exhibit 17 (37) |
| Sep 18, 2020 | 104 | Exhibit 18 (23) |
| Sep 18, 2020 | 104 | Exhibit 19 (8) |
| Sep 18, 2020 | 104 | Exhibit 20 (1) |
| Sep 18, 2020 | 104 | Exhibit 21 (1) |
| Sep 18, 2020 | 104 | Exhibit 22 (1) |
| Sep 18, 2020 | 104 | Exhibit 23 (76) |
| Sep 18, 2020 | 104 | Exhibit 24 (18) |
| Sep 18, 2020 | 104 | Exhibit 25 (9) |
| Sep 18, 2020 | 104 | Exhibit 26 (20) |
| Sep 18, 2020 | 104 | Exhibit 27 (1) |
| Sep 18, 2020 | 104 | Exhibit 28 (1) |
| Sep 18, 2020 | 104 | Exhibit 29 (1) |
| Sep 18, 2020 | 104 | Exhibit 30 (1) |
| Sep 18, 2020 | 104 | Exhibit 31 (81) |
| Sep 18, 2020 | 104 | Exhibit 32 (1) |
| Sep 18, 2020 | 104 | Exhibit 33 (20) |
| Sep 18, 2020 | 104 | Exhibit 34 (1) |
| Sep 18, 2020 | 104 | Exhibit 35 (1) |
| Sep 18, 2020 | 104 | Exhibit 36 (110) |
| Sep 18, 2020 | 104 | Exhibit 37 (9) |
| Sep 18, 2020 | 104 | Exhibit 38 (14) |
| Sep 18, 2020 | 106 | Motion to Seal Document (4) Docket Text: MOTION to Seal Document [105] Sealed Document,,, Defendants' Unopposed Motion to File Documents Under Seal by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. Responses due by 10/2/2020 (Lester, James). Motions referred to David Keesler. |
| Sep 18, 2020 | 107 | Memorandum in Support of Motion (4) Docket Text: MEMORANDUM in Support re [106] MOTION to Seal Document [105] Sealed Document,,, Defendants' Unopposed Motion to File Documents Under SealMemorandum in Support of Defendants' Unopposed Motion to File Documents Under Seal by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. (Lester, James) |
| Sep 18, 2020 | 108 | Motion for Summary Judgment (4) Docket Text: MOTION for Summary Judgment by True Homes LLC. Responses due by 10/2/2020 (Allan, Albert) |
| Sep 11, 2020 | N/A | Order on Motion for Leave to File Excess Pages (0) Docket Text:TEXT-ONLY ORDER granting in part [102] Motion for Leave to File Excess Pages. The extended page limitations (in accordance with the Court's standard pretrial order with respect to the size of text, footnotes, etc.) for the Parties' opening and response briefs on Defendants' omnibus motion for summary judgment shall be 32 pages with a 15 page limit for Defendants' reply brief. Defendants' omnibus brief is due on or before 9/18/2020. Plaintiff's response date is extended to 10/9/2020 and the date of Defendants' reply is extended to 10/19/2020. Entered at the direction of District Judge Kenneth D. Bell on 9/11/2020. (nvc) |
| Sep 10, 2020 | 102 | Motion for Leave to File Excess Pages (4) Docket Text: Unopposed MOTION for Leave to File Excess Pages Defendants' Unopposed Motion to Modify Page Limitation and Briefing Schedule on Forthcoming Omnibus Motion for Summary Judgment by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. Responses due by 9/24/2020 (Lester, James). Motion no longer referred to David Keesler. Modified referral on 9/11/2020 (nvc). |
| Sep 4, 2020 | 101 | Report of Mediation (3) Docket Text: REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Allan, Albert) |
| Sep 3, 2020 | N/A | Telephone Conference (0) Docket Text: Minute Entry: TELEPHONE CONFERENCE regarding discovery dispute held before Magistrate Judge David Keesler. Plaintiffs attorney: Albert P. Allan. Defendants attorney: Jason M. Sneed, Scott S. Brown, Thomas W. Thagard III, James C. Lester. (kab) |
| Sep 3, 2020 | 100 | Order (2) Docket Text:ORDER directing the parties to file a Status Report, jointly if possible, regarding the status Plaintiff's pending discovery requests, on or before November 2, 2020. Signed by Magistrate Judge David Keesler on 9/3/20. (mga) |
| Sep 1, 2020 | 98 | Notice of Appearance (1) Docket Text: NOTICE of Appearance by Anne M. Tompkins on behalf of Clayton Homes, Inc., Clayton Properties Group, Inc. (Tompkins, Anne) |
| Sep 1, 2020 | 99 | Notice of Appearance (1) Docket Text: AMENDED NOTICE of Appearance by Anne M. Tompkins on behalf of 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated (Tompkins, Anne) Modified text on 9/2/2020 (nvc). |
| Jul 31, 2020 | 97 | Order on Motion to Sever (8) Docket Text:ORDER denying Defendant Clayton Properties Group Inc.'s [89] Motion to Server and Transfer. This case shall proceed on the remaining claims. Signed by District Judge Kenneth D. Bell on 7/31/2020. (tmg) |
| Jul 21, 2020 | N/A | Set/Reset Pretrial Order Deadlines (0) Docket Text: Set/Reset Pretrial Order Deadlines: Discovery due by 8/28/2020. Motions due by 9/18/2020. Mediation deadline set for 9/4/2020. (mga) |
| Jul 21, 2020 | 96 | Order on Motion to Amend/Correct (3) Docket Text:ORDER granting [92] Plaintiff True Homes' Motion to Amend/Correct Revised Case Management Order. IT IS FURTHER ORDERED that case deadlines are extended as follows: discovery completion - August 28, 2020; mediation report - September 4, 2020; dispositive motions - September 18, 2020. Signed by Magistrate Judge David Keesler on 7/21/20. (mga) |
| Jul 20, 2020 | 95 | Reply to Response to Motion (6) Docket Text: REPLY to Response to Motion re [92] MOTION to Amend/Correct [62] Scheduling Order, by True Homes LLC. (Allan, Albert) |
| Jul 13, 2020 | 94 | Main Document (12) Docket Text: RESPONSE in Opposition re [92] MOTION to Amend/Correct [62] Scheduling Order, Defendants' Opposition to Plaintiff True Homes LLC's Motion to Correct Revised Case Management Order by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. Replies due by 7/20/2020 (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Lester, James) |
| Jul 13, 2020 | 94 | Exhibit A (18) |
| Jul 13, 2020 | 94 | Exhibit B (24) |
| Jul 13, 2020 | 94 | Exhibit C (16) |
| Jul 13, 2020 | 94 | Exhibit D (16) |
| Jul 13, 2020 | 94 | Exhibit E (37) |
| Jul 13, 2020 | 94 | Exhibit F (47) |
| Jul 13, 2020 | 94 | Exhibit G (5) |
| Jul 6, 2020 | 92 | Motion to Amend/Correct (4) Docket Text: MOTION to Amend/Correct [62] Scheduling Order, by True Homes LLC. Responses due by 7/20/2020 (Allan, Albert). Motions referred to David Keesler. |
| Jul 6, 2020 | 93 | Main Document (8) Docket Text: MEMORANDUM in Support re [92] MOTION to Amend/Correct [62] Scheduling Order, by True Homes LLC. (Attachments: # (1) Exhibit 1 - Initial Rule 26(f) Report, # (2) Exhibit 2 - Joint Submission Re New Schedule, # (3) Exhibit 3 - Revised Case Management Order, # (4) Exhibit 4(a) - CMH Manufacturing's Second Set of Discovery, # (5) Exhibit 4(b) - Clayton Homes, Inc.'s First Set of Discovery, # (6) Exhibit 4(c) - Clayton Properties Group's First Set of Discovery, # (7) Exhibit 4(d) - CMH Home's First Set of Discovery, # (8) Exhibit 4(e) - Vanderbilt's First Set of Discovery, # (9) Exhibit 4(f) - 21st's First Set of Discovery)(Allan, Albert) |
| Jul 6, 2020 | 93 | Exhibit 1 - Initial Rule 26(f) Report (4) |
| Jul 6, 2020 | 93 | Exhibit 2 - Joint Submission Re New Schedule (6) |
| Jul 6, 2020 | 93 | Exhibit 3 - Revised Case Management Order (15) |
| Jul 6, 2020 | 93 | Exhibit 4(a) - CMH Manufacturing's Second Set of Discovery (13) |
| Jul 6, 2020 | 93 | Exhibit 4(b) - Clayton Homes, Inc.'s First Set of Discovery (14) |
| Jul 6, 2020 | 93 | Exhibit 4(c) - Clayton Properties Group's First Set of Discovery (14) |
| Jul 6, 2020 | 93 | Exhibit 4(d) - CMH Home's First Set of Discovery (14) |
| Jul 6, 2020 | 93 | Exhibit 4(e) - Vanderbilt's First Set of Discovery (14) |
| Jul 6, 2020 | 93 | Exhibit 4(f) - 21st's First Set of Discovery (14) |
| Jul 2, 2020 | 91 | Reply to Response to Motion (10) Docket Text: REPLY to Response to Motion re [89] MOTION to Sever and Transfer Pursuant to 28 U.S.C. § 1404(a) and Fed. R. Civ. P.. 21 by Clayton Properties Group, Inc.. (Sneed, Jason) |
| Jun 25, 2020 | 90 | Main Document (15) Docket Text: RESPONSE in Opposition re [89] MOTION to Sever and Transfer Pursuant to 28 U.S.C. § 1404(a) and Fed. R. Civ. P.. 21 by True Homes LLC. Replies due by 7/2/2020 (Attachments: # (1) Exhibit A - Non-Disclosure Agreement)(Allan, Albert) |
| Jun 25, 2020 | 90 | Exhibit A - Non-Disclosure Agreement (2) |
| Jun 11, 2020 | 89 | Main Document (4) Docket Text: MOTION to Sever and Transfer Pursuant to 28 U.S.C. § 1404(a) and Fed. R. Civ. P.. 21 by Clayton Properties Group, Inc.. Responses due by 6/25/2020 (Attachments: # (1) Memorandum in Support of Motion to Sever and Transfer, # (2) Exhibit 1: Confidentiality Agreement, in Support of Motion to Sever and Transfer)(Sneed, Jason). Motion no longer referred to David Keesler. Modified referral on 6/12/2020 (nvc). |
| Jun 11, 2020 | 89 | Memorandum in Support of Motion to Sever and Transfer (14) |
| Jun 11, 2020 | 89 | Exhibit 1: Confidentiality Agreement, in Support of Motion to Sever and Transfer (3) |
| May 19, 2020 | 85 | Answer to Amended Complaint (16) Docket Text: ANSWER to [58] Amended Complaint, by 21st Mortgage Corporation.(Sneed, Jason) |
| May 19, 2020 | 86 | Answer to Amended Complaint (16) Docket Text: ANSWER to [58] Amended Complaint, by Vanderbilt Mortgage & Finance, Incorporated.(Sneed, Jason) |
| May 19, 2020 | 87 | Answer to Amended Complaint (15) Docket Text: ANSWER to [58] Amended Complaint, by Clayton Properties Group, Inc..(Sneed, Jason) |
| May 19, 2020 | 88 | Answer to Amended Complaint (16) Docket Text: ANSWER to [58] Amended Complaint, by Clayton Homes, Inc..(Sneed, Jason) |
| May 5, 2020 | 84 | Order (2) Docket Text:ORDER deferring the Court's Final Consideration and Ruling on Defendants' pending [63, 64 and 65] Motions to Dismiss. Defendants shall answer the Second Amended Complaint within 14 days of the date of this Order. This case shall move forward to the completion of discovery and further proceedings in the absence of a voluntary resolution of the dispute among the parties. Signed by District Judge Kenneth D. Bell on 5/5/2020. (nvc) |
| May 1, 2020 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to James C. Lester: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 5/8/2020. (mga) |
| May 1, 2020 | 82 | Motion to Appear Pro Hac Vice (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to James C. Lester Filing fee $ 281, receipt number 0419-4479823. by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. (Sneed, Megan). Motions referred to David Keesler. |
| May 1, 2020 | 83 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [82] Motion for Leave to Appear Pro Hac Vice. James C. Lester is hereby admitted pro hac vice to represent Defendant 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., and Vanderbilt Mortgage & Finance, Incorporated. Signed by Magistrate Judge David Keesler on 5/1/20. (mga) |
| Apr 28, 2020 | 81 | Designation of Mediator (2) Docket Text: DESIGNATION of Alice Richey as Mediator by all the parties. (Allan, Albert) |
| Apr 24, 2020 | 80 | Order on Motion to Seal Document (3) Docket Text:ORDER granting [79] Defendant's Unopposed Motion To File Documents Under Seal. Exhibit A to the "Reply Brief In Support Of Defendant Clayton Homes, Inc.'s Motion to Dismiss" (Document No. [78]) shall remain under seal until otherwise ordered by the Court. Signed by Magistrate Judge David Keesler on 4/24/20. (mga) |
| Apr 23, 2020 | 75 | Reply to Response to Motion (14) Docket Text: REPLY to Response to Motion re [63] MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) by 21st Mortgage Corporation, Vanderbilt Mortgage & Finance, Incorporated. (Sneed, Jason) |
| Apr 23, 2020 | 76 | Reply to Response to Motion (13) Docket Text: REPLY to Response to Motion re [64] MOTION to Dismiss by Clayton Properties Group, Inc.. (Sneed, Jason) |
| Apr 23, 2020 | 77 | Main Document (13) Docket Text: REPLY to Response to Motion re [65] MOTION to Dismiss by Clayton Homes, Inc.. (Attachments: # (1) Exhibit A: Filed Under Seal)(Sneed, Jason) |
| Apr 23, 2020 | 77 | Exhibit A: Filed Under Seal (1) |
| Apr 23, 2020 | 79 | Main Document (3) Docket Text: Unopposed MOTION to Seal Document [78] Sealed Document, Confidential Transcript Excerpt by Clayton Homes, Inc.. Responses due by 5/7/2020 (Attachments: # (1) Memorandum in Support of Unopposed Motion to Seal)(Sneed, Jason). Motions referred to David Keesler. |
| Apr 23, 2020 | 79 | Memorandum in Support of Unopposed Motion to Seal (5) |
| Apr 14, 2020 | 74 | Order on Motion for Extension of Time (1) Docket Text:ORDER granting [72] Joint Motion for Extension of Time to Select Mediator to Conduct Second Mediation. The parties shall have up to and including April 28, 2020 to identify mediator. Signed by Magistrate Judge David Keesler on 4/14/20. (mga) |
| Apr 13, 2020 | 73 | Order on Motion for Extension of Time (1) Docket Text:ORDER granting [71] Motion for Extension of Time to File Response/Reply re [63] MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), [65] MOTION to Dismiss . Defendants shall have up to and including April 23, 2020 to file reply briefs in support of their Motions to Dismiss. Signed by Magistrate Judge David Keesler on 4/10/20. (mga) |
| Apr 10, 2020 | 71 | Motion for Extension of Time (6) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply re: [63] MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), [64] MOTION to Dismiss , [65] MOTION to Dismiss by 21st Mortgage Corporation, Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated. Responses due by 4/24/2020 (Sneed, Jason). Motions referred to David Keesler. |
| Apr 10, 2020 | 72 | Motion for Extension of Time (4) Docket Text: Joint Motion/Request for Extension of Time to Designate a Second Mediator by 21st Mortgage Corporation, CMH Homes, Inc., CMH Manufacturing, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Vanderbilt Mortgage & Finance, Incorporated (Brown, Scott) Modified to change event to a motion on 4/14/2020 (tmg). Motion referred to David Keesler. |
| Apr 9, 2020 | 70 | Main Document (18) Docket Text: RESPONSE in Opposition re [63] MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), [64] MOTION to Dismiss , [65] MOTION to Dismiss by True Homes LLC. Replies due by 4/16/2020 (Attachments: # (1) Allan Declaration, # (2) Exhibit A-1 (owntruhomes.com webpage), # (3) Exhibit A-2 (owntru.com webpage), # (4) Exhibit B (Google Search))(Allan, Albert) |
| Apr 9, 2020 | 70 | Allan Declaration (3) |
| Apr 9, 2020 | 70 | Exhibit A-1 (owntruhomes.com webpage) (3) |
| Apr 9, 2020 | 70 | Exhibit A-2 (owntru.com webpage) (3) |
| Apr 9, 2020 | 70 | Exhibit B (Google Search) (17) |
| Mar 24, 2020 | 69 | Order on Motion for Extension of Time (1) Docket Text:ORDER granting [68] Plaintiff True Homes' Unopposed Motion for Extension of Time to File Response/Reply re [63] MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), [65] MOTION to Dismiss , and [64] MOTION to Dismiss . Plaintiff shall have up to and including April 9, 2020 to respond. Signed by Magistrate Judge David Keesler on 3/23/20. (mga) |
| Mar 23, 2020 | 68 | Main Document (4) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply re: [63] MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), [64] MOTION to Dismiss , [65] MOTION to Dismiss by True Homes LLC. Responses due by 4/6/2020 (Attachments: # (1) Proposed Order)(Allan, Albert). Motions referred to David Keesler. |
| Mar 23, 2020 | 68 | Proposed Order (2) |
| Mar 16, 2020 | 67 | Notice of Voluntary Dismissal (3) Docket Text: NOTICE of Voluntary Dismissal Without Prejudice as to Freedom Warehouse Corp. and Henley Holdings LLC by True Homes LLC (Allan, Albert) |
| Mar 12, 2020 | 63 | Main Document (4) Docket Text: MOTION to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) by 21st Mortgage Corporation, Vanderbilt Mortgage & Finance, Incorporated. Responses due by 3/26/2020 (Attachments: # (1) Memorandum in Support of Motion to Dismiss) (Sneed, Jason). Motions referred to David Keesler. |
| Mar 12, 2020 | 63 | Memorandum in Support of Motion to Dismiss (11) |
| Mar 12, 2020 | 64 | Main Document (4) Docket Text: MOTION to Dismiss by Clayton Properties Group, Inc.. Responses due by 3/26/2020 (Attachments: # (1) Memorandum in Support of Motion to Dismiss, # (2) Exhibit A: Declaration of Mike Rutherford) (Sneed, Jason). Motions referred to David Keesler. |
| Mar 12, 2020 | 64 | Memorandum in Support of Motion to Dismiss (18) |
| Mar 12, 2020 | 64 | Exhibit A: Declaration of Mike Rutherford (2) |
| Mar 12, 2020 | 65 | Main Document (4) Docket Text: MOTION to Dismiss by Clayton Homes, Inc.. Responses due by 3/26/2020 (Attachments: # (1) Memorandum in Support of Motion to Dismiss, # (2) Exhibit A: Declaration of Linda Ponce) (Sneed, Jason). Motions referred to David Keesler. |
| Mar 12, 2020 | 65 | Memorandum in Support of Motion to Dismiss (18) |
| Mar 12, 2020 | 65 | Exhibit A: Declaration of Linda Ponce (3) |
| Mar 12, 2020 | 66 | Answer to Amended Complaint (16) Docket Text: ANSWER to [58] Amended Complaint, by CMH Homes, Inc..(Sneed, Jason) |
| Feb 14, 2020 | 62 | Scheduling Order (15) Docket Text:Pretrial Order and Case Management Plan: Estimated Trial Time: eight (8) days. Discovery due by 7/31/2020. Motions due by 8/28/2020. Mediator Designation deadline set for 4/10/2020. Mediation deadline set for 7/31/2020. Jury Trial set for 3/8/2021 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. Signed by Magistrate Judge David Keesler on 2/14/20. (mga) |
| Feb 10, 2020 | 61 | Summons Issued (14) Docket Text: Summons Issued Electronically as to 21st Mortgage Corporation, CMH Homes, Inc., Clayton Homes, Inc., Clayton Properties Group, Inc., Freedom Warehouse Corporation, Henley Holdings LLC, Vanderbilt Mortgage & Finance, Incorporated. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (nvc) |
| Feb 5, 2020 | 60 | Answer to Amended Complaint (15) Docket Text: ANSWER to [58] Amended Complaint, by CMH Manufacturing, Inc..(Sneed, Megan) |
| Feb 3, 2020 | 59 | Miscellaneous Filing (6) Docket Text: Joint Submission Proposing Schedule by CMH Manufacturing, Inc. re: [57] Order on Motion to Amend/Correct, (Brown, Scott) |
| Jan 22, 2020 | 58 | Main Document (25) Docket Text: AMENDED COMPLAINT with Jury Demand against CMH Manufacturing, Inc., Clayton Homes, Inc., CMH Homes, Inc., Clayton Properties Group, Inc., Freedom Warehouse Corporation, Henley Holdings LLC, Vanderbilt Mortgage & Finance, Incorporated, 21st Mortgage Corporation, filed by True Homes LLC. (Attachments: # (1) Exhibit A - True Homes Registration, # (2) Exhibit B - Clayton Homes Advertisement TRU HOMES, # (3) Exhibit C - True Homes Advertisement TRUE HOMES)(Allan, Albert) |
| Jan 22, 2020 | 58 | Exhibit A - True Homes Registration (2) |
| Jan 22, 2020 | 58 | Exhibit B - Clayton Homes Advertisement TRU HOMES (3) |
| Jan 22, 2020 | 58 | Exhibit C - True Homes Advertisement TRUE HOMES (3) |
| Jan 15, 2020 | N/A | Set/Reset Deadlines (0) Docket Text: Set Deadlines: Amended Pleadings (Second Amended Complaint) due by 1/22/2020. CIAC Report (Proposed Revised Case Management Schedule) due by 3/3/2020. (tmg) |
| Jan 15, 2020 | 57 | Order on Motion to Amend/Correct (4) Docket Text:ORDER granting [41] Motion for Leave to File Second Amended Complaint. (Second Amended Complaint due 1/22/2020). The parties shall file a proposed revised case management schedule on or before 2/3/2020. Signed by District Judge Kenneth D. Bell on 1/15/2020. (tmg) |
| Jan 14, 2020 | 56 | Main Document (8) Docket Text: REPLY to Response to Motion re [41] MOTION to Amend/Correct [28] Amended Complaint by True Homes LLC. (Attachments: # (1) Exhibit 1 - Berkshire Hathaway 2018 Annual Report Extract)(Allan, Albert) |
| Jan 14, 2020 | 56 | Exhibit 1 - Berkshire Hathaway 2018 Annual Report Extract (3) |
| Jan 9, 2020 | 55 | Order on Motion to Seal Document (3) Docket Text:ORDER granting [53] Plaintiff True Homes Motion To Seal Documents And Unredacted Memorandum Under Seal. Plaintiffs Memorandum In Support Of Motion For Leave To File Second Amended Complaint (Document No. 51) and CMH Manufacturings Objections And Responses To Plaintiffs First Set Of Interrogatories To Defendant (Document No. 52) shall remain under seal until otherwise ordered by the Court.. Signed by Magistrate Judge David Keesler on 1/9/20. (mga) |
| Jan 8, 2020 | 53 | Motion to Seal Document (4) Docket Text: Consent MOTION to Seal Document [51] Unredacted Document, [52] Sealed Document, by True Homes LLC. Responses due by 1/22/2020 (Allan, Albert). Motions referred to David Keesler. |
| Jan 8, 2020 | 54 | Memorandum in Support of Motion (7) Docket Text: MEMORANDUM in Support re [53] Consent MOTION to Seal Document [51] Unredacted Document, [52] Sealed Document, by True Homes LLC. (Allan, Albert) |
| Jan 7, 2020 | 50 | Order on Motion to Seal (3) Docket Text:ORDER granting [49] Defendant's Motion to File Documents Under Seal. Exhibits A,B, and F contained in Document No. 48 shall remain under seal until otherwise ordered by the Court. Defendant shall file publicly available redacted versions of Exhibits A,B, and F on or before January 10, 2020. Signed by Magistrate Judge David Keesler on 1/7/20. (mga) |
| Jan 6, 2020 | 47 | Main Document (21) Docket Text: RESPONSE in Opposition re [41] MOTION to Amend/Correct [28] Amended Complaint by CMH Manufacturing, Inc.. Replies due by 1/13/2020 (Attachments: # (1) Exhibit A: Filed Under Seal, # (2) Exhibit B: Filed Under Seal, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F: Filed Under Seal, # (7) Exhibit G)(Sneed, Megan) |
| Jan 6, 2020 | 47 | Exhibit A: Filed Under Seal (1) |
| Jan 6, 2020 | 47 | Exhibit B: Filed Under Seal (1) |
| Jan 6, 2020 | 47 | Exhibit C (7) |
| Jan 6, 2020 | 47 | Exhibit D (18) |
| Jan 6, 2020 | 47 | Exhibit E (2) |
| Jan 6, 2020 | 47 | Exhibit F: Filed Under Seal (1) |
| Jan 6, 2020 | 47 | Exhibit G (2) |
| Jan 6, 2020 | 49 | Main Document (3) Docket Text: MOTION to Seal Confidential Exhibits by CMH Manufacturing, Inc.. Responses due by 1/21/2020 (Attachments: # (1) Memorandum in Support of Motion to File Under Seal)(Sneed, Megan). Motions referred to David Keesler. |
| Jan 6, 2020 | 49 | Memorandum in Support of Motion to File Under Seal (5) |
| Dec 20, 2019 | N/A | Set/Reset Pretrial Order Deadlines (0) Docket Text: Set/Reset Pretrial Order Deadlines: Discovery due by 2/28/2020. Motions due by 4/3/2020. Jury Trial set for 9/14/2020 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. (mga) |
| Dec 20, 2019 | 43 | Main Document (4) Docket Text: Consent MOTION to Amend/Correct [37] Order on Motion to Amend/Correct Pretrial Order and Case Management Plan by True Homes LLC. Responses due by 1/3/2020 (Attachments: # (1) Proposed Order)(Allan, Albert). Motions referred to David Keesler. |
| Dec 20, 2019 | 43 | Proposed Order (2) |
| Dec 20, 2019 | 44 | Motion for Extension of Time (4) Docket Text: Unopposed MOTION for Extension of Time to File Response/Reply re: [41] MOTION to Amend/Correct [28] Amended Complaint by CMH Manufacturing, Inc.. Responses due by 1/3/2020 (Brown, Scott). Motions referred to David Keesler. |
| Dec 20, 2019 | 45 | Order on Motion to Amend/Correct (1) Docket Text:ORDER granting [43] Plaintiff's Consent Motion to Amend/Correct Pretrial Order and Case Management Plan. Case deadlines are revised as follows: discovery completion - February 28, 2020; dispositive motions - April 3, 2020; trial - September 14, 2020. Signed by Magistrate Judge David Keesler on 12/20/19. (mga) |
| Dec 20, 2019 | 46 | Order on Motion for Extension of Time (1) Docket Text:ORDER granting with modification [44] CMH Manufacturing Inc.'s Unopposed Motion for Extension of Time to File Response/Reply re [41] MOTION to Amend/Correct [28] Amended Complaint . Defendant shall file a response to Plaintiff's motion to amend on or before January 6, 2020. Signed by Magistrate Judge David Keesler on 12/20/19. (mga) |
| Dec 15, 2019 | 41 | Motion to Amend/Correct (4) Docket Text: MOTION to Amend/Correct [28] Amended Complaint by True Homes LLC. Responses due by 12/30/2019 (Allan, Albert). Motion no longer referred to David Keesler. Modified referral on 1/15/2020 (nvc,IB). |
| Dec 15, 2019 | 42 | Main Document (12) Docket Text: MEMORANDUM in Support re [41] MOTION to Amend/Correct [28] Amended Complaint [Redacted] by True Homes LLC. (Attachments: # (1) Exhibit 1 - Proposed Amended Complaint, # (2) Exhibit 2-4 Redacted Per Protective Order)(Allan, Albert) |
| Dec 15, 2019 | 42 | Exhibit 1 - Proposed Amended Complaint (23) |
| Dec 15, 2019 | 42 | Exhibit 2-4 Redacted Per Protective Order (1) |
| Nov 26, 2019 | N/A | Case Assigned/Reassigned (0) Docket Text: Case reassigned to District Judge Kenneth D. Bell. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document.(eef) |
| Nov 26, 2019 | N/A | Add and Terminate Judges (0) Docket Text: Added Magistrate Judge David Keesler. (eef) |
| Oct 29, 2019 | 39 | Main Document (4) Docket Text: Joint MOTION for Protective Order by CMH Manufacturing, Inc.. Responses due by 11/12/2019 (Attachments: # (1) Exhibit A - Proposed Protective Order)(Brown, Scott) |
| Oct 29, 2019 | 39 | Exhibit A - Proposed Protective Order (17) |
| Oct 29, 2019 | 40 | Order on Motion for Protective Order (16) Docket Text:ORDER granting [39] Motion for Protective Order. Signed by Senior Judge Graham Mullen on 10/29/2019. (ctb) |
| Aug 27, 2019 | 38 | Order (1) Docket Text: ORDER The [31] Motion to Dismiss is held in abeyance to allow the Plaintiff to conduct discovery as to the personal jurisdiction issue raised by this Defendant; Plaintiff shall have 60 days in which to conduct this discovery. Signed by Senior Judge Graham Mullen on 8/27/2019. (mek) |
| Jul 10, 2019 | N/A | Set/Reset Pretrial Order Deadlines (0) Docket Text: Set/Reset Pretrial Order Deadlines: Discovery due by 1/15/2020. Motions due by 2/17/2019. Jury Trial set for 7/13/2020 10:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen. (mek) |
| Jul 10, 2019 | 37 | Order on Motion to Amend/Correct (2) Docket Text:ORDER granting [32] Motion to Amend Pretrial Order and Case Management Plan. Signed by Senior Judge Graham Mullen on 7/10/2019. (mek) |
| Jul 3, 2019 | 36 | Miscellaneous Filing (4) Docket Text: Miscellaneous Filing by True Homes LLC. re: [32] Motion to Amend/Correct Scheduling Order (Allan, Albert) |
| May 13, 2019 | 35 | Main Document (9) Docket Text: REPLY to Response to Motion re [31] MOTION to Dismiss by CMH Services, Inc.. (Attachments: # (1) Affidavit Exhibit A - Ponce Declaration, # (2) Affidavit Exhibit B - Neely Declaration)(Brown, Scott) |
| May 13, 2019 | 35 | Affidavit Exhibit A - Ponce Declaration (3) |
| May 13, 2019 | 35 | Affidavit Exhibit B - Neely Declaration (2) |
| May 6, 2019 | 34 | Main Document (16) Docket Text: RESPONSE in Opposition re [31] MOTION to Dismiss by True Homes LLC. Replies due by 5/13/2019 (Attachments: # (1) Exhibit A - 2008 Use of True Homes, # (2) Exhibit B - 2009 Use of True Homes, # (3) Exhibit C - 2010 Use of True Homes, # (4) Exhibit D - 2011 Use of True Homes, # (5) Exhibit E - 2012 Use of True Homes, # (6) Exhibit F - 2013 Use of True Homes, # (7) Exhibit G - 2014 Use of True Homes, # (8) Exhibit H - 2015 Use of True Homes, # (9) Exhibit I - 2016 Use of True Homes, # (10) Exhibit J - 2017 Use of True Homes, # (11) Exhibit K - 2018 Use of True Homes, # (12) Exhibit L - True Homes Registration Certificate, # (13) Exhibit M - Boyce Declaration 2018, # (14) Exhibit N - Tru Homes Registration Certificate, # (15) Exhibit O - owntruhomes website, # (16) Exhibit Q - Boyce Declaration 2019, # (17) Exhibit Exhibit to Boyce Declaration (Q), # (18) Exhibit Exhibit to Boyce Declaration (Q))(Allan, Albert) |
| May 6, 2019 | 34 | Exhibit A - 2008 Use of True Homes (9) |
| May 6, 2019 | 34 | Exhibit B - 2009 Use of True Homes (13) |
| May 6, 2019 | 34 | Exhibit C - 2010 Use of True Homes (13) |
| May 6, 2019 | 34 | Exhibit D - 2011 Use of True Homes (12) |
| May 6, 2019 | 34 | Exhibit E - 2012 Use of True Homes (4) |
| May 6, 2019 | 34 | Exhibit F - 2013 Use of True Homes (3) |
| May 6, 2019 | 34 | Exhibit G - 2014 Use of True Homes (5) |
| May 6, 2019 | 34 | Exhibit H - 2015 Use of True Homes (4) |
| May 6, 2019 | 34 | Exhibit I - 2016 Use of True Homes (3) |
| May 6, 2019 | 34 | Exhibit J - 2017 Use of True Homes (4) |
| May 6, 2019 | 34 | Exhibit K - 2018 Use of True Homes (3) |
| May 6, 2019 | 34 | Exhibit L - True Homes Registration Certificate (2) |
| May 6, 2019 | 34 | Exhibit M - Boyce Declaration 2018 (2) |
| May 6, 2019 | 34 | Exhibit N - Tru Homes Registration Certificate (2) |
| May 6, 2019 | 34 | Exhibit O - owntruhomes website (3) |
| May 6, 2019 | 34 | Exhibit Q - Boyce Declaration 2019 (15) |
| May 6, 2019 | 34 | Exhibit Exhibit to Boyce Declaration (Q) (4) |
| May 6, 2019 | 34 | Exhibit Exhibit to Boyce Declaration (Q) (5) |
| Apr 25, 2019 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [33] Motion for Extension of Time. True Homes shall have until May 6, 2019 to respond to CMH Services' motion to dismiss. Entered by Senior Judge Graham Mullen on 4/25/2019. (STB) |
| Apr 24, 2019 | 32 | Motion to Amend/Correct (5) Docket Text: Joint MOTION to Amend/Correct [25] Scheduling Order, Joint Motion to Amend Pretrial Order and Case Management Plan by CMH Manufacturing, Inc., CMH Services, Inc.. Responses due by 5/8/2019 (Brown, Scott) |
| Apr 15, 2019 | 30 | Answer to Amended Complaint (14) Docket Text: ANSWER to [28] Amended Complaint by CMH Manufacturing, Inc..(Brown, Scott) |
| Apr 15, 2019 | 31 | Main Document (4) Docket Text: MOTION to Dismiss by CMH Services, Inc.. Responses due by 4/29/2019 (Attachments: # (1) Memorandum, # (2) Exhibit A)(Brown, Scott) |
| Apr 15, 2019 | 31 | Memorandum (13) |
| Apr 15, 2019 | 31 | Exhibit A (3) |
| Mar 29, 2019 | N/A | Order on Motion for Extension of Time (0) Docket Text:TEXT-ONLY ORDER granting [29] Motion for Extension of Time. IT IS ORDERED that Defendants shall have an additional fourteen (14) days within which to answer or otherwise respond to Plaintiff's Amended Complaint and that the deadline for their response shall be extended to and including April 15, 2019. Entered by Senior Judge Graham Mullen on 3/29/19. (STB) |
| Mar 28, 2019 | 29 | Main Document (3) Docket Text: Unopposed MOTION for Extension of Time to Answer re: [28] Amended Complaint and Proposed Order by CMH Manufacturing, Inc., CMH Services, Inc.. (Attachments: # (1) Proposed Order Proposed Order)(Brown, Scott) |
| Mar 28, 2019 | 29 | Proposed Order Proposed Order (1) |
| Mar 18, 2019 | N/A | Order on Motion to Amend/Correct (0) Docket Text:TEXT-ONLY ORDER granting [26] Motion to Amend/Correct. Entered by Senior Judge Graham Mullen on March 18, 2019. (DC) |
| Mar 18, 2019 | 28 | Main Document (22) Docket Text: AMENDED COMPLAINT with Jury Demand against All Defendants, filed by True Homes LLC. (Attachments: # (1) Exhibit A - True Homes Registration, # (2) Exhibit B - CMH Advertisements, # (3) Exhibit C - True Homes Advertisements)(Allan, Albert) |
| Mar 18, 2019 | 28 | Exhibit A - True Homes Registration (2) |
| Mar 18, 2019 | 28 | Exhibit B - CMH Advertisements (3) |
| Mar 18, 2019 | 28 | Exhibit C - True Homes Advertisements (3) |
| Mar 15, 2019 | 26 | Motion to Amend/Correct (3) Docket Text: Unopposed MOTION to Amend/Correct Complaint by True Homes LLC. Responses due by 3/29/2019 plus an additional 3 days if served by mail (Allan, Albert) |
| Mar 15, 2019 | 27 | Main Document (7) Docket Text: MEMORANDUM in Support re [26] Unopposed MOTION to Amend/Correct Complaint by True Homes LLC. (Attachments: # (1) Exhibit 1 - Proposed Amended Complaint)(Allan, Albert) |
| Mar 15, 2019 | 27 | Exhibit 1 - Proposed Amended Complaint (21) |
| Dec 7, 2018 | 25 | Scheduling Order (9) Docket Text:Pretrial Order and Case Management Plan : Estimated Trial Time: 5 days. Discovery due by 7/31/2019. Motions due by 8/29/2019. Mediation deadline set for 8/14/2019. Jury Trial set for 1/21/2020 10:00 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen.. Signed by Senior Judge Graham Mullen on 12/7/18. (clc) |
| Dec 5, 2018 | 24 | Certification of Initial Attorneys Conference and Discovery Plan (4) Docket Text: CERTIFICATION of initial attorney conference and discovery plan (Allan, Albert) |
| Oct 30, 2018 | N/A | Notice - Out of State Counsel (0) Docket Text: SECOND Notice to Thomas Thagard, III: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 11/6/2018. (tmg) |
| Oct 24, 2018 | N/A | Notice of Cancellation of Hearing (0) Docket Text: NOTICE of CANCELLATION of Motion Hearing scheduled for 10/25/2018. (jaw) |
| Oct 24, 2018 | 23 | Notice of Withdrawal of Document (3) Docket Text: Notice of Withdrawal of document by True Homes LLC ***Documents terminated: [5] MOTION for Preliminary Injunction filed by True Homes LLC. (Allan, Albert) |
| Oct 22, 2018 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Thomas W. Thagard III: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 10/29/2018. (chh) |
| Oct 22, 2018 | N/A | Notice - Out of State Counsel (0) Docket Text: Notice to Scott S. Brown: Pursuant to Local Rule 83.1 you are required to Register for ECF at www.ncwd.uscourts.gov. Deadline by 10/29/2018. (brl) |
| Oct 22, 2018 | 21 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [20] Motion for Leave to Appear Pro Hac Vice added Thomas W Thagard for CMH Manufacturing, Inc.,Thomas W Thagard for CMH Services, Inc.. Signed by Senior Judge Graham Mullen on 10/22/2018. (chh) |
| Oct 22, 2018 | 22 | Order on Motion for Leave to Appear Pro Hac Vice (1) Docket Text:ORDER granting [19] Motion for Leave to Appear Pro Hac Vice added Scott S Brown for CMH Manufacturing, Inc.,Scott S Brown for CMH Services, Inc.. Signed by Senior Judge Graham Mullen on 10/22/2018. (chh) |
| Oct 19, 2018 | 18 | Corporate Disclosure Statement (2) Docket Text: Corporate Disclosure Statement by CMH Manufacturing, Inc., CMH Services, Inc. (Sorokes, Megan) |
| Oct 19, 2018 | 19 | Motion to Appear Pro Hac Vice (3) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Scott S. Brown for Defendants CMH Manufacturing, Inc. and CMH Services, Inc. Filing fee $ 281, receipt number 0419-3840623. by CMH Manufacturing, Inc., CMH Services, Inc.. (Sorokes, Megan) Modified to correct text on 10/19/2018 (clc). |
| Oct 19, 2018 | 20 | Motion to Appear Pro Hac Vice (4) Docket Text: MOTION for Leave to Appear Pro Hac Vice as to Thomas W. Thagard III for Defendants CMH Manufacturing, Inc. and CMH Services, Inc. Filing fee $ 281, receipt number 0419-3840631. by CMH Manufacturing, Inc., CMH Services, Inc.. (Sorokes, Megan) |
| Oct 1, 2018 | N/A | Notice of Hearing on Motion (0) Docket Text: NOTICE of Hearing on Motion re: [5] MOTION for Preliminary Injunction : Motion Hearing set for 10/25/2018 02:00 PM in Courtroom 2-2, 401 W Trade St, Charlotte, NC 28202 before Senior Judge Graham Mullen. This is your only notice - you will not receive a separate document.(jaw) |
| Sep 27, 2018 | 17 | Main Document (16) Docket Text: REPLY to Response to Motion re [5] MOTION for Preliminary Injunction by True Homes LLC. (Attachments: # (1) Exhibit Y: Sweetser Declaration)(Allan, Albert) |
| Sep 27, 2018 | 17 | Exhibit Y: Sweetser Declaration (2) |
| Sep 20, 2018 | 16 | Main Document (33) Docket Text: RESPONSE in Opposition re [5] MOTION for Preliminary Injunction by CMH Manufacturing, Inc., CMH Services, Inc.. Replies due by 9/27/2018 plus an additional 3 days if served by mail (Attachments: # (1) Exhibit A - Declaration of Michael Dale Duncan, # (2) Exhibit B - Declaration of Alan Neely, # (3) Exhibit C - Certificate of Registration No. 4,269,707, # (4) Exhibit D - About True Homes Webpage, # (5) Exhibit E - PTO Database Search TRUE + Construction, # (6) Exhibit F - True Built Homes, # (7) Exhibit G - True Construction, # (8) Exhibit H - True Construction, # (9) Exhibit I - True Construction, # (10) Exhibit J - True Homes and Design, # (11) Exhibit K - The True Company, # (12) Exhibit L - PTO Database Search TRUE, # (13) Exhibit M - TrueHomesUSA.com Front Page, # (14) Exhibit N - OwnTruHomes.com Front Page, # (15) Exhibit O - Examiner's Amendment, # (16) Exhibit P - PTO Search Summary, # (17) Exhibit Q - PTO Search No. 10 Re-creation, # (18) Exhibit R - True Homes Prices Webpage)(Sorokes, Megan) |
| Sep 20, 2018 | 16 | Exhibit A - Declaration of Michael Dale Duncan (7) |
| Sep 20, 2018 | 16 | Exhibit B - Declaration of Alan Neely (6) |
| Sep 20, 2018 | 16 | Exhibit C - Certificate of Registration No. 4,269,707 (3) |
| Sep 20, 2018 | 16 | Exhibit D - About True Homes Webpage (10) |
| Sep 20, 2018 | 16 | Exhibit E - PTO Database Search TRUE + Construction (4) |
| Sep 20, 2018 | 16 | Exhibit F - True Built Homes (8) |
| Sep 20, 2018 | 16 | Exhibit G - True Construction (3) |
| Sep 20, 2018 | 16 | Exhibit H - True Construction (5) |
| Sep 20, 2018 | 16 | Exhibit I - True Construction (4) |
| Sep 20, 2018 | 16 | Exhibit J - True Homes and Design (14) |
| Sep 20, 2018 | 16 | Exhibit K - The True Company (2) |
| Sep 20, 2018 | 16 | Exhibit L - PTO Database Search TRUE (3) |
| Sep 20, 2018 | 16 | Exhibit M - TrueHomesUSA.com Front Page (2) |
| Sep 20, 2018 | 16 | Exhibit N - OwnTruHomes.com Front Page (2) |
| Sep 20, 2018 | 16 | Exhibit O - Examiner's Amendment (2) |
| Sep 20, 2018 | 16 | Exhibit P - PTO Search Summary (2) |
| Sep 20, 2018 | 16 | Exhibit Q - PTO Search No. 10 Re-creation (3) |
| Sep 20, 2018 | 16 | Exhibit R - True Homes Prices Webpage (5) |
| Sep 10, 2018 | 14 | Order on Motion for Extension of Time (1) Docket Text:ORDER Granting [9] Motion for Extension of Time to Answer re [1] Complaint. CMH Manufacturing, Inc., answer due 9/17/2018. Signed by Senior Judge Graham Mullen on 9/10/2018. (jaw) |
| Sep 10, 2018 | 15 | Order on Motion for Extension of Time (1) Docket Text:ORDER Granting [10] Motion for Extension of Time to File Response/Reply re [5] MOTION for Preliminary Injunction Responses due by 9/20/2018 plus an additional 3 days if served by mail. Signed by Senior Judge Graham Mullen on 9/10/2018. (jaw) |
| Sep 9, 2018 | 13 | Supplemental Memorandum (3) Docket Text: Supplemental Memorandum by True Homes LLC as to [10] MOTION for Extension of Time to File Response/Reply re: [5] MOTION for Preliminary Injunction by True Homes LLC. (Allan, Albert) |
| Sep 7, 2018 | 11 | Response in Opposition to Motion (6) Docket Text: RESPONSE in Opposition re [10] MOTION for Extension of Time to File Response/Reply re: [5] MOTION for Preliminary Injunction by True Homes LLC. Replies due by 9/14/2018 plus an additional 3 days if served by mail (Allan, Albert) |
| Sep 7, 2018 | 12 | Answer to Complaint (12) Docket Text: ANSWER to Complaint by CMH Manufacturing, Inc., CMH Services, Inc..(Sneed, Jason) |
| Sep 6, 2018 | 7 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Megan Elizabeth Sorokes on behalf of All Defendants (Sorokes, Megan) |
| Sep 6, 2018 | 8 | Notice of Appearance (2) Docket Text: NOTICE of Appearance by Jason Matthew Sneed on behalf of All Defendants (Sneed, Jason) |
| Sep 6, 2018 | 9 | Motion for Extension of Time (4) Docket Text: MOTION for Extension of Time to Answer Complaint by CMH Manufacturing, Inc., CMH Services, Inc.. (Sorokes, Megan) |
| Sep 6, 2018 | 10 | Main Document (3) Docket Text: MOTION for Extension of Time to File Response/Reply re: [5] MOTION for Preliminary Injunction by CMH Manufacturing, Inc., CMH Services, Inc.. Responses due by 9/20/2018 plus an additional 3 days if served by mail (Attachments: # (1) Memorandum IN SUPPORT OF MOTION FOR SCHEDULING CONFERENCE, OR IN THE ALTERNATIVE, EXTENSION OF TIME, # (2) Proposed Order Proposed Order)(Sorokes, Megan) |
| Sep 6, 2018 | 10 | Memorandum IN SUPPORT OF MOTION FOR SCHEDULING CONFERENCE, OR IN THE ALTERNATIVE (4) |
| Sep 6, 2018 | 10 | Proposed Order Proposed Order (1) |
| Aug 16, 2018 | 5 | Motion for Preliminary Injunction (3) Docket Text: MOTION for Preliminary Injunction by True Homes LLC. Responses due by 8/30/2018 plus an additional 3 days if served by mail (Allan, Albert) |
| Aug 16, 2018 | 6 | Main Document (27) Docket Text: MEMORANDUM in Support re [5] MOTION for Preliminary Injunction by True Homes LLC. (Attachments: # (1) Exhibit A: 2008 Use of True Homes, # (2) Exhibit B: 2009 Use of True Homes, # (3) Exhibit C: 2010 Use of True Homes, # (4) Exhibit D: 2011 Use of True Homes, # (5) Exhibit E: 2012 Use of True Homes, # (6) Exhibit F: 2013 Use of True Homes, # (7) Exhibit G: 2014 Use of True Homes, # (8) Exhibit H: 2015 Use of True Homes, # (9) Exhibit I: 2016 Use of True Homes, # (10) Exhibit J: 2017 Use of True Homes, # (11) Exhibit K: 2018 Use of True Homes, # (12) Exhibit L: True Homes Registration Certificate, # (13) Exhibit M: Boyce Declaration, # (14) Exhibit N: True Homes Registration, # (15) Exhibit O: owntruhomes website page, # (16) Exhibit P: claytonhomes.com family of brands website page, # (17) Exhibit Q: owntruhomes get to know us website page, # (18) Exhibit R: Puvak Declaration, # (19) Exhibit S: Baber Declaration, # (20) Exhibit T: Brown Declaration, # (21) Exhibit U: McCall Declaration, # (22) Exhibit V: Smith Declaration, # (23) Exhibit W: Turner Declaration, # (24) Exhibit X: Alt Pinstriping case)(Allan, Albert) |
| Aug 16, 2018 | 6 | Exhibit A: 2008 Use of True Homes (9) |
| Aug 16, 2018 | 6 | Exhibit B: 2009 Use of True Homes (13) |
| Aug 16, 2018 | 6 | Exhibit C: 2010 Use of True Homes (13) |
| Aug 16, 2018 | 6 | Exhibit D: 2011 Use of True Homes (12) |
| Aug 16, 2018 | 6 | Exhibit E: 2012 Use of True Homes (4) |
| Aug 16, 2018 | 6 | Exhibit F: 2013 Use of True Homes (3) |
| Aug 16, 2018 | 6 | Exhibit G: 2014 Use of True Homes (5) |
| Aug 16, 2018 | 6 | Exhibit H: 2015 Use of True Homes (4) |
| Aug 16, 2018 | 6 | Exhibit I: 2016 Use of True Homes (3) |
| Aug 16, 2018 | 6 | Exhibit J: 2017 Use of True Homes (4) |
| Aug 16, 2018 | 6 | Exhibit K: 2018 Use of True Homes (3) |
| Aug 16, 2018 | 6 | Exhibit L: True Homes Registration Certificate (2) |
| Aug 16, 2018 | 6 | Exhibit M: Boyce Declaration (2) |
| Aug 16, 2018 | 6 | Exhibit N: True Homes Registration (2) |
| Aug 16, 2018 | 6 | Exhibit O: owntruhomes website page (3) |
| Aug 16, 2018 | 6 | Exhibit P: claytonhomes.com family of brands website page (4) |
| Aug 16, 2018 | 6 | Exhibit Q: owntruhomes get to know us website page (1) |
| Aug 16, 2018 | 6 | Exhibit R: Puvak Declaration (4) |
| Aug 16, 2018 | 6 | Exhibit S: Baber Declaration (3) |
| Aug 16, 2018 | 6 | Exhibit T: Brown Declaration (3) |
| Aug 16, 2018 | 6 | Exhibit U: McCall Declaration (3) |
| Aug 16, 2018 | 6 | Exhibit V: Smith Declaration (3) |
| Aug 16, 2018 | 6 | Exhibit W: Turner Declaration (2) |
| Aug 16, 2018 | 6 | Exhibit X: Alt Pinstriping case (10) |
| Jul 9, 2018 | 4 | Corporate Disclosure Statement (2) Docket Text: Corporate Disclosure Statement by True Homes LLC (Allan, Albert) |
| Jul 6, 2018 | 3 | Main Document (2) Docket Text: Summons Issued Electronically as to CMH Manufacturing, Inc., CMH Services, Inc.. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: # (1) Summons)(ams) |
| Jul 6, 2018 | 3 | Summons (2) |
| Jul 2, 2018 | N/A | Case Assigned/Reassigned (0) Docket Text: Case assigned to Senior Judge Graham Mullen. Notice: You must click this link to retrieve the Case Assignment Packet. This is your only notice - you will not receive a separate document.(ams) |
| Jul 2, 2018 | 2 | Report Regarding Patent & Trademark (1) Docket Text: REPORT on the Filing of an action regarding trademark numbers contained in complaint. (ams) |
| Jun 29, 2018 | 1 | Main Document (15) Docket Text: COMPLAINT against CMH Manufacturing, Inc., CMH Services, Inc. with Jury Demand ( Filing fee $ 400 receipt number 0419-3736161), filed by True Homes LLC. (Attachments: # (1) Exhibit A: True Homes Registration, # (2) Exhibit B: CMH Advertisement, # (3) Exhibit C: True Homes Advertisements)(Allan, Albert) (Main Document 1 replaced on 7/9/2018) (tmg). |
| Jun 29, 2018 | 1 | Exhibit A: True Homes Registration (2) |
| Jun 29, 2018 | 1 | Exhibit B: CMH Advertisement (3) |
| Jun 29, 2018 | 1 | Exhibit C: True Homes Advertisements (3) |
