Avaria Networks, Inc. v. Raleigh Mexican Consulate General
| North Carolina Eastern District Court | |
| Judge: | Louise Wood Flanagan |
| Case #: | 5:14-cv-00009 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Contract Dispute |
| Case Filed: | Jan 03, 2014 |
| Terminated: | Feb 24, 2015 |
| Last checked: Thursday Jan 22, 2015 2:25 PM EST |
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Defendant
Raleigh Mexican Consulate General
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Represented By
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Mediator
J. Anderson Little
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Plaintiff
Avaria Networks, Inc.
111 Cloister Court Ste. 200
Chapel Hill, NC 27514 |
Represented By
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| Docket last updated: 2 hours ago |
| Monday, March 23, 2015 | ||
| 33 | 33
misc
Stipulation of Dismissal
Mon 03/23 4:07 PM
STIPULATION of Dismissal by Avaria Networks, Inc. (Ganley, Michael) |
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| Tuesday, February 24, 2015 | ||
| 32 | 32
order
Order Dismissing Case
Tue 02/24 5:07 AM
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 forty-five (45) days hereof. The parties are directed to file their Stipulation of Dismissal With Prejudice on or before April 9, 2015. 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 2/24/2015. (Tripp, S.) |
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| Friday, February 06, 2015 | ||
| 30 | 30
misc
Transcript
Fri 02/06 3:40 PM
OFFICIAL TRANSCRIPT of MOTIONS HEARING Proceedings held on October 17, 2014, before District Judge Louise Wood Flanagan. Court Reporter David J. Collier, Telephone number (919) 912-9698. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's website. Redaction Request due 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/10/2015. (Collier, David) |
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notice
Notice of Filing of Official Transcript
Fri 02/06 3:41 PM
NOTICE of Filing of Official Transcript30 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript.. (Collier, David) |
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| Thursday, January 22, 2015 | ||
| 29 | 29
order
Order Appointing Mediator
Thu 01/22 11:03 AM
ORDER Appointing Mediator J. Anderson Little. Signed by Julie Richards Johnston, Clerk of Court on 1/22/15. (Horton, B.) |
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| Monday, January 19, 2015 | ||
| 28 | 28
adr
Selection of Mediator
Mon 01/19 3:36 PM
SELECTION OF J. Anderson Little as mediator. (Ganley, Michael) |
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| Tuesday, December 16, 2014 | ||
| 27 | 27
answer
Answer to Complaint
Tue 12/16 6:29 PM
ANSWER to1 Complaint, by Raleigh Mexican Consulate General. (Sousa, Bettie) |
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| Friday, October 17, 2014 | ||
| 26 | 26
Minute Entry for proceedings held before District Judge Louise Wood Flanagan in Raleigh, NC: Motion Hearing held on 10/17/2014 regarding21 MOTION to Dismiss 12(b)(4) and 12(b)(5) filed by Raleigh Mexican Consulate General. Counsel present for both parties. Oral arguments offered by counsel for both parties as to defendant's motion. Court strikes defendant's answer and allows sixty (60) days for filing of amended answer. Issues bearing on case management/scheduling and alternative dispute resolution discussed. (Court Reporter - David Collier) (Baker, C.)
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| ORAL ORDER denying21 Motion to Dismiss - Entered in open court by District Judge Louise Wood Flanagan on 10/17/2014. (Baker, C.) | ||
| Tuesday, October 07, 2014 | ||
| 25 | 25
CERTIFICATE OF SERVICE by Avaria Networks, Inc. regarding24 Notice of Appearance. (Ganley, Michael)
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| 24 | 24
NOTICE of Appearance by Michael Robert Ganley on behalf of Avaria Networks, Inc. (Ganley, Michael)
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| NOTICE OF DEFICIENCY regarding24 Notice of Appearance - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel should file a separately captioned certificate of service using the appropriate event located under the 'Civil Events - Service of Process' category. (Baker, C.) | ||
| Monday, October 06, 2014 | ||
| SECOND NOTICE TO PLAINTIFF'S COUNSEL regarding15 Notice of Appearance - As indicated in the clerk's notice of deficiency entered on 7/3/2014, each attorney must file his or own Notice of Appearance using his/her own CM/ECF user account. This notice was filed by John Miskey but denotes appearance of Michael R. Ganley. Proper notice of appearance has not been made in this regard and Mr. Ganley's notice of appearance must be filed prior to October 17, 2014, when this case is scheduled to come before the court for a hearing. (Baker, C.) | ||
| Tuesday, September 23, 2014 | ||
| 23 | 23
NOTICE of Hearing regarding21 MOTION to Dismiss - Motion Hearing set for 10/17/2014 at 1:30 PM in Raleigh - 7th Floor - Courtroom 2 before District Judge Louise Wood Flanagan. (Baker, C.)
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| Monday, September 08, 2014 | ||
| Motion Submitted to District Judge Louise Wood Flanagan -21 MOTION to Dismiss 12(b)(4) and 12(b)(5). (Baker, C.) | ||
| Monday, August 11, 2014 | ||
| 22 | 22
10
pgs
Memorandum in Support regarding21 MOTION to Dismiss 12(b)(4) and 12(b)(5) filed by Raleigh Mexican Consulate General. (Sousa, Bettie)
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| 21 | 21
MOTION to Dismiss 12(b)(4) and 12(b)(5) by Raleigh Mexican Consulate General. (Sousa, Bettie)
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| Monday, July 21, 2014 | ||
| 20 | 20
AFFIDAVIT of Service for Complaint and Summons served on Dirreccion General de Asuntos Juridicos on 5/2/2014, filed by Avaria Networks, Inc. (Miskey, John)
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| Wednesday, July 16, 2014 | ||
| 19 | 19
Plaintiff's Initial Disclosures by Avaria Networks, Inc. (Miskey, John) Modified on 7/16/2014 to clarify docket entry text. (Baker, C.)
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| NOTICE OF DEFICIENCY regarding19 Plaintiff's Initial Disclosures - Counsel is reminded that pursuant to Local Civil Rule 26.1, discovery materials need not be filed unless ordered or needed by the court. The court's case management order governing this matter directs that the parties shall exchange, not file, initial disclosures by this date. For future filings, counsel is also reminded that the caption of documents must reflect the correct case number assigned to this action (i.e. 5:14-cv-9-FL). (Baker, C.) | ||
| Wednesday, July 09, 2014 | ||
| 18 | 18
CASE MANAGEMENT ORDER - Discovery in this case may be governed by a protective order. Discovery closes 2/15/2015. Defendant shall have twenty one (21) days following plaintiff's filing of documentation regarding process and service of process made reference to, to file and serve any related, preliminary motion, addressing perceived deficiency in service to the extent that deficiency is not deemed in the category of a "curable defect." All other potentially dispositive motions due by 3/15/2015. After the court has ruled on any dispositive motion(s), the court will enter a scheduling order governing deadlines and procedures for final pretrial conference and trial, as appropriate. Counsel should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 07/09/2014. (Baker, C.)
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| Monday, July 07, 2014 | ||
| 17 | 17
Minute Entry for proceedings held before District Judge Louise Wood Flanagan - Telephonic Scheduling Conference held on 7/7/2014. Counsel present for all parties. Issues bearing on case management and scheduling addressed. Written case management order to follow. (Baker, C.)
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| Thursday, July 03, 2014 | ||
| 16 | 16
REPORT of Rule 26(f) Planning Meeting by Raleigh Mexican Consulate General. (Sousa, Bettie)
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Att: 1
Certificate of Service
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| 15 | 15
NOTICE of Appearance of Michael R. Ganley filed by John G. Miskey, IV on behalf of Avaria Networks, Inc. (Miskey, John) Modified on 7/3/2014 to clarify docket entry text. (Baker, C.)
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| NOTICE OF DEFICIENCIES regarding14 Discovery Plan - Counsel failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. Counsel must refile the document. When refiling, counsel should also correct the caption to reflect the case is a Western Division matter and remove reference to "Raleigh Division". (Baker, C.) | ||
| NOTICE TO COUNSEL (Michael R. Ganley) - All counsel must file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Baker, C.) | ||
| NOTICE OF DEFICIENCIES regarding15 Notice of Appearance - Each attorney must file his or her own Notice of Appearance using his/her own user account. 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. Counsel also failed to attach a certificate of service pursuant to Fed. R. Civ. P. 5(d) and Section F(3) of the Court's CM/ECF Electronic Policies and Procedures Manual. (Baker, C.) | ||
| Wednesday, July 02, 2014 | ||
| 14 | 14
*DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY16 * - REPORT of Rule 26(f) Planning Meeting by Raleigh Mexican Consulate General. (Sousa, Bettie)
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| 13 | 13
NOTICE of Rule 26(f) Conference by Raleigh Mexican Consulate General. (Sousa, Bettie)
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| Wednesday, May 28, 2014 | ||
| 12 | 12
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Discovery Plan due by 7/2/2014. Initial Telephonic Conference set for 7/7/2014 at 1:30 PM before District Judge Louise Wood Flanagan. Counsel should review the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 05/28/2014. (Baker, C.)
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| Tuesday, May 27, 2014 | ||
| 11 | 11
ANSWER to3 Complaint by Raleigh Mexican Consulate General. (Sousa, Bettie)
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| Wednesday, May 21, 2014 | ||
| 10 | 10
FINANCIAL DISCLOSURE STATEMENT by Raleigh Mexican Consulate General. (Sousa, Bettie)
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| 9 | 9
NOTICE of Appearance by Bettie Kelley Sousa on behalf of Raleigh Mexican Consulate General. (Sousa, Bettie)
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| Friday, May 16, 2014 | ||
| 8 | 8
RESPONSE by Plaintiff Avaria Networks, Inc. (Miskey, John)
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| Wednesday, May 07, 2014 | ||
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NOTICE TO PLAINTIFF OF FAILURE TO MAKE SERVICE WITHIN 120 DAYS. (Baker, C.)
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| Friday, January 17, 2014 | ||
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Summons Issued as to Raleigh Mexican Consulate General (Direccion General De Asuntos Juridicos). (Baker, C.)
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| Thursday, January 16, 2014 | ||
| 5 | 5
FINANCIAL DISCLOSURE STATEMENT by Avaria Networks, Inc. (Miskey, John)
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| 4 | 4
NOTICE of Appearance by John G. Miskey, IV on behalf of Avaria Networks, Inc. (Miskey, John)
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| 3 | 3
Corrected COMPLAINT against Raleigh Mexican Consulate General (Filing fee $ 400, receipt number 2839) filed by Avaria Networks, Inc. (Miskey, John)
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| Tuesday, January 07, 2014 | ||
| 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. (Horton, B.) | ||
| Monday, January 06, 2014 | ||
| 2 | 2
Order Redesignating Case - At the direction of the Court, and for the continued efficient administration of justice, the above captioned case is redesignated as an Western Division case. The Honorable Louise W. Flanagan, U.S. District Judge will continue to preside over this case. All future pleadings should reflect the new case number of 5:14-CV-9-FL. Signed by Julie A. Richards, Clerk of Court on 01/06/2014. (Baker, C.)
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| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Avaria Networks, Inc. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Moore, L.) | ||
| NOTICE TO COUNSEL: All counsel should file a Notice of Appearance pursuant to Local Civil Rule 5.2(a). (Moore, L.) | ||
| Case transferred in from Eastern Division on 01/06/2014. Former Case Number 4:14-cv-2-FL. (Baker, C.) | ||
| NOTICE OF DEFICIENCY regarding1 Complaint - Counsel must refile the complaint to correct the following deficiencies - (a) Reflect "Western Division" in the case caption where there is no "Raleigh Division"; (b) Reflect the correct case number of 5:14-cv-9-FL; and (c) To attach Exhibit A referenced within the Complaint. When refiling, counsel should use the original receipt number (i.e. RAL035668) in order to avoid duplication of payment of the filing fee. (Baker, C.) | ||
| Friday, January 03, 2014 | ||
| 1 | 1
COMPLAINT against Raleigh Mexican Consulate General (Filing fee $ 400, receipt number RAL035668), filed by Avaria Networks, Inc. (Miskey, John)
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Att: 1
Proposed Summons,
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Att: 2
Proposed Summons,
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Att: 3
Civil Cover Sheet
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