North Carolina Western District Court
Judge:Robert J Conrad, Jr
Referred: David Keesler
Case #: 3:14-cv-00023
Nature of Suit190 Contract - Other Contract
CauseDiversity-Breach of Contract
Case Filed:Jan 17, 2014
Terminated:Mar 24, 2015
Last checked: Thursday Jan 22, 2015 9:49 AM EST
Defendant
Juan Carlos Kelley
Represented By
Andrew Michael DeLucia
Rubin, Fortunato & Harbison, P.C.
contact info
Michael J. Fortunato
Rubin, Fortunato & Harbison, PC
contact info
Michael P. Avila
Rubin Fortunato & Harbison P.C.
contact info
Adam L. Ross
James, Mcelroy & Diehl
contact info
Defendant
New Penn Financial, LLC
Represented By
Andrew Michael DeLucia
Rubin, Fortunato & Harbison, P.C.
contact info
Michael J. Fortunato
Rubin, Fortunato & Harbison, PC
contact info
Michael P. Avila
Rubin Fortunato & Harbison P.C.
contact info
Adam L. Ross
James, Mcelroy & Diehl
contact info
Defendant
Jason Stenger
Represented By
Andrew Michael DeLucia
Rubin, Fortunato & Harbison, P.C.
contact info
Michael J. Fortunato
Rubin, Fortunato & Harbison, PC
contact info
Michael P. Avila
Rubin Fortunato & Harbison P.C.
contact info
Adam L. Ross
James, Mcelroy & Diehl
contact info
Defendant
Jared Ward
Represented By
Andrew Michael DeLucia
Rubin, Fortunato & Harbison, P.C.
contact info
Michael J. Fortunato
Rubin, Fortunato & Harbison, PC
contact info
Michael P. Avila
Rubin Fortunato & Harbison P.C.
contact info
Adam L. Ross
James, Mcelroy & Diehl
contact info
Plaintiff
Movement Mortgage, LLC
Represented By
Russell B. Berger
Offit Kurman
contact info
Robert Joseph Aylward
Golding Holden & Pope
contact info


Docket last updated: 5 hours ago
Tuesday, March 24, 2015
47 47 misc Stipulation of Dismissal Tue 03/24 10:01 AM
STIPULATION of Dismissal Without Prejudice by Movement Mortgage, LLC (Berger, Russell)
Related: [-]
Monday, September 22, 2014
Entry Deleted. Filed in error. (ssh).
Related: [-]
Friday, May 16, 2014
46 46 Document Deleted. Filed in Wrong Case.
Related: [-]
Friday, April 04, 2014
45 45 ORDER denying as moot 22 Motion to dissolve restraining order. Plaintiffs Motion for a Preliminary Injunction to enjoin Defendants Ward and Kelley from communicating with referral sources, customers and parties who have express business agreements with Movement (Doc. 4) is hereby DENIED. Signed by District Judge Robert J. Conrad, Jr on 4/4/2014. (blf)
Related: [-]
Thursday, March 27, 2014
44 44 Sealed Document ( Sealed - Attorney ): Opposition to Request to Compel Production of Marketing Services Agreement (available to Juan Carlos Kelley, Movement Mortgage, LLC, New Penn Financial, LLC, Jason Stenger, Jared Ward) (Berger, Russell) Modified to give access to dfts on 3/27/2014 (tmg).
Related: [-]
Tuesday, March 25, 2014
43 43 Sealed Document ( Sealed - Attorney ): Reply to Movement's Response Brief/Memorandum re:42 Memorandum, (available to Juan Carlos Kelley, Movement Mortgage, LLC, New Penn Financial, LLC, Jason Stenger, Jared Ward)(DeLucia, Andrew)
Related: [-]
Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B
Thursday, March 20, 2014
42 42 Sealed Documnet (Sealed - Attorney) MEMORANDUM/BRIEF IN RESPONSE TO DEFENDANTS' OBJECTIONS, RESPONSES, AND REQUEST FOR CLARIFICATION by Movement Mortgage, LLC re:41 Sealed Document, (available to Juan Carlos Kelley, Movement Mortgage, LLC, New Penn Financial, LLC, Jason Stenger, Jared Ward)(Berger, Russell) Modified restriction on 3/23/2014 (tmg).
Related: [-]
Att: 1 Proposed Order
Wednesday, March 19, 2014
41 41 Sealed Document ( Sealed - Attorney ): Objections, Responses and request for Clarification to proposed List re:39 Notice (Other) by Jared Ward and Juan Carlos Kelley; (available to Juan Carlos Kelley, Movement Mortgage, LLC, New Penn Financial, LLC, Jason Stenger, Jared Ward)(DeLucia, Andrew)
Related: [-]
Att: 1 Proposed Order Proposed Order
Thursday, March 13, 2014
40 40 ORDER granting 38 Consent Motion To File Under Seal. Signed by Magistrate Judge David Keesler on 3/13/2014. (eef)
Related: [-]
Wednesday, March 12, 2014
39 39 SEALED DOCUMENT (Sealed - Case Participants) by Movement Mortgage, LLC NOTICE of Submission of List(Berger, Russell) Modified to seal on 3/13/2014 (tmg).
Related: [-]
Att: 1 Exhibit 1 (List)
38 38 Consent MOTION to Seal by Movement Mortgage, LLC.Responses due by 3/31/2014(Berger, Russell). Motions referred to David Keesler.
Related: [-]
Att: 1 Proposed Order
37 37 USMS Return of Service Unexecuted for11 Amended Complaint and13 Order on TRO as to Jason Stenger. (eef)
Related: [-]
Thursday, March 06, 2014
36 36 TRANSCRIPT of Motions Hearing held on February 19, 2014 before Judge Robert J. Conrad, Jr. Court Reporter Tracy Dunlap, telephone number 828.771.7217. 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 Release of Transcript Restriction set for 6/5/2014. Related [+]
Related: [-] porter: Tracy Dunlap, 828-771-7217
35 35 ORDER granting in part and denying in part 4 Motion for Preliminary Injunction. Signed by District Judge Robert J. Conrad, Jr on 3/5/2014. (eef)
Related: [-]
Thursday, February 27, 2014
34 34 SUMMONS Returned Executed New Penn Financial, LLC served on 2/21/2014, answer due 3/14/2014. (blf)
Related: [-]
Friday, February 21, 2014
33 33 ANSWER to11 Amended Complaint by Juan Carlos Kelley, New Penn Financial, LLC, Jason Stenger, Jared Ward.(DeLucia, Andrew)
Related: [-]
Thursday, February 20, 2014
32 32 USMS Return of Service re Amended Complaint and Order on TRO served on Juan Carlos Kelley on 2/13/2014. (chh)
Related: [-]
Wednesday, February 19, 2014
31 31 DECLARATION of Juan Carlos Kelley (SUPPLEMENTAL) filed by Juan Carlos Kelley, New Penn Financial, LLC, Jason Stenger, Jared Ward(Avila, Michael)
Related: [-]
Att: 1 Exhibit
Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . Current TRO is extended 14 days. Court will rule in that time period. Plaintiffs attorney: Berger, Aylward. Defendants attorney: Ross, Delucia, Fortunato. Court reporter: Dunlap. (ssh)
Related: [-]
Tuesday, February 18, 2014
30 30 Supplemental Memorandum by Movement Mortgage, LLC as to4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Movement Mortgage, LLC.(Berger, Russell)
Related: [-]
Att: 1 Exhibit 1
29 29 REPLY to Response to Motion re4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Movement Mortgage, LLC.(Berger, Russell)
Related: [-]
Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4
28 28 RESPONSE in Support re22 MOTION re13 Order on Motion for TRO to Dissolve TRO and in Opposition to a Preliminary Injunction by Juan Carlos Kelley, New Penn Financial, LLC, Jason Stenger, Jared Ward.(DeLucia, Andrew)
Related: [-]
Att: 1 Exhibit Declaration of Charles Rogers
27 27 ORDER granting 26 Motion for Extension of Time to File Response/Reply to Defendant's Opposition to Motion for Preliminary Injunction Replies due by 2/18/2014. Signed by Magistrate Judge David Keesler on 2/18/2014. (eef)
Related: [-]
Friday, February 14, 2014
26 26 Consent MOTION for Extension of Time to File Response/Reply to Defendant's Opposition to Motion for Preliminary Injunction by Movement Mortgage, LLC.Responses due by 3/3/2014(Berger, Russell). Motions referred to David Keesler.
Related: [-]
Att: 1 Order
Monday, February 10, 2014
25 25 CERTIFICATE OF SERVICE by Movement Mortgage, LLC of First Amended Complaint(Berger, Russell)
Related: [-]
Att: 1 Copy of First Amended Complaint,
Att: 2 Copy of First Amended Complaint - Verification,
Att: 3 Copy of First Amended Complaint - Exhibit A,
Att: 4 Copy of First Amended Complaint - Exhibit B,
Att: 5 Copy of First Amended Complaint - Exhibit C
24 24 RESPONSE in Opposition re22 MOTION re13 Order on Motion for TRO to Dissolve TRO and in Opposition to a Preliminary Injunction by Movement Mortgage, LLC. Replies due by 2/21/2014(Berger, Russell)
Related: [-]
Att: 1 Proposed Order
Friday, February 07, 2014
23 23 26 pgs MEMORANDUM in Support re22 MOTION re13 Order on Motion for TRO to Dissolve TRO and in Opposition to a Preliminary Injunction by Juan Carlos Kelley, New Penn Financial, LLC, Jason Stenger, Jared Ward. (Ross, Adam)
Related: [-]
22 22 MOTION re13 Order on Motion for TRO to Dissolve TRO and in Opposition to a Preliminary Injunction by Juan Carlos Kelley, New Penn Financial, LLC, Jason Stenger, Jared Ward.Responses due by 2/24/2014(Ross, Adam)
Related: [-]
Att: 1 Exhibit Exhibit A - Declaration of Juan Carlos Kelley,
Att: 2 Exhibit Exhibit B - Declaration of Jason Stenger,
Att: 3 Exhibit Exhibit C - Declaration of Jared Ward
21 21 Corporate Disclosure Statement by New Penn Financial, LLC (Ross, Adam)
Related: [-]
Thursday, February 06, 2014
20 20 ORDER granting 17 Motion for Leave to Appear Pro Hac Vice added Michael J. Fortunato for Juan Carlos Kelley,New Penn Financial, LLC,Jason Stenger and Jared Ward. Signed by Magistrate Judge David Keesler on 2/5/2014. (eef)
Related: [-]
19 19 ORDER granting 16 Motion for Leave to Appear Pro Hac Vice added Andrew M. Delucia for Juan Carlos Kelley,New Penn Financial, LLC,Jason Stenger and Jared Ward. Signed by Magistrate Judge David Keesler on 2/5/2014. (eef)
Related: [-]
18 18 ORDER granting 15 Motion for Leave to Appear Pro Hac Vice added Michael P. Avila for Juan Carlos Kelley,New Penn Financial, LLC,Jason Stenger and Jared Ward. Signed by Magistrate Judge David Keesler on 2/5/2014. (eef)
Related: [-]
Notice to Michael P. Avila, Andrew M. Delucia and Michael J. Fortunato: Pursuant to Local Rule 83.1 you are required to Register for ECF at[LINK:www.ncwd.uscourts.gov] . Deadline by 2/18/2014. (eef)
Related: [-]
Wednesday, February 05, 2014
17 17 MOTION for Leave to Appear Pro Hac Vice as to Michael J. Fortunato Filing fee $ 276, receipt number 0419-2224456. by Juan Carlos Kelley, New Penn Financial, LLC, Jason Stenger, Jared Ward. (Ross, Adam). Motions referred to David Keesler.
Related: [-]
16 16 MOTION for Leave to Appear Pro Hac Vice as to Andrew M. DeLucia Filing fee $ 276, receipt number 0419-2224437. by Juan Carlos Kelley, New Penn Financial, LLC, Jason Stenger, Jared Ward. (Ross, Adam). Motions referred to David Keesler.
Related: [-]
15 15 MOTION for Leave to Appear Pro Hac Vice as to Michael P. Avila Filing fee $ 276, receipt number 0419-2224388. by Juan Carlos Kelley, New Penn Financial, LLC, Jason Stenger, Jared Ward. (Ross, Adam). Motions referred to David Keesler.
Related: [-]
14 14 NOTICE of Appearance by Adam L. Ross on behalf of All Defendants (Ross, Adam)
Related: [-]
13 13 ORDER granting 4 Motion for TRO. Motion Hearing set for 2/19/2014 at 11:00 a.m.. Signed by District Judge Robert J. Conrad, Jr on 2/5/2014. (eef)
Related: [-]
NOTICE of Hearing on Motion re:4 MOTION for Preliminary Injunction : Motion Hearing set for 2/19/2014 11:00 AM in Courtroom 2, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document. (eef)
Related: [-]
NOTICE of Hearing on Motion re:4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 2/19/2014 11:00 AM in Courtroom 3, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document. (ssh)
Related: [-]
Tuesday, February 04, 2014
12 12 AFFIDAVIT of Service filed by Movement Mortgage, LLC. Jared Ward served on 1/27/2014, answer due 2/18/2014. (Aylward, Robert)
Related: [-]
Wednesday, January 29, 2014
11 11 AMENDED COMPLAINT against All Defendants, filed by Movement Mortgage, LLC.(Aylward, Robert)
Related: [-]
Att: 1 Verification of Complaint,
Att: 2 Exhibit A,
Att: 3 Exhibit B,
Att: 4 Exhibit C
10 10 NOTICE of Appearance by Russell B. Berger on behalf of Movement Mortgage, LLC (Berger, Russell)
Related: [-]
9 9 SUMMONS Returned Executed by Movement Mortgage, LLC. Juan Carlos Kelley served on 1/26/2014, answer due 2/18/2014. (Aylward, Robert)
Related: [-]
Tuesday, January 28, 2014
8 8 AFFIDAVIT of Service filed by Movement Mortgage, LLC. Jason Stenger served on 1/27/2014, answer due 2/18/2014. (Aylward, Robert)
Related: [-]
Friday, January 24, 2014
7 7 AFFIDAVIT of Service filed by Movement Mortgage, LLC. New Penn Financial, LLC served on 1/24/2014, answer due 2/14/2014. (Aylward, Robert)
Related: [-]
6 6 ORDER granting 5 Motion for Leave to Appear Pro Hac Vice added Russell B. Berger for Movement Mortgage, LLC. Signed by Magistrate Judge David Keesler on 1/23/2014. (blf)
Related: [-]
Notice to Russell Berger: Pursuant to Local Rule 83.1 you are required to Register for ECF at[LINK:www.ncwd.uscourts.gov] . Deadline by 2/3/2014. (blf)
Related: [-]
Thursday, January 23, 2014
5 5 MOTION for Leave to Appear Pro Hac Vice as to Russell B. Berger Filing fee $ 276, receipt number 0419-2213613. by Movement Mortgage, LLC. (Aylward, Robert). Motions referred to David Keesler.
Related: [-]
4 4 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Movement Mortgage, LLC.Responses due by 2/10/2014(Aylward, Robert)
Related: [-]
Att: 1 Exhibit 1,
Att: 2 Memorandum Memorandum of Law in support of Plaintiff's motion fro TRO and Preliminary Injunction
Tuesday, January 21, 2014
3 3 Corporate Disclosure Statement by Movement Mortgage, LLC (Aylward, Robert) Modified text on 1/22/2014 (tmg).
Related: [-]
2 2 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 .(eef)
Related: [-]
Att: 1 summons,
Att: 2 summons,
Att: 3 summons
Case assigned to District Judge Robert J. Conrad, Jr and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the[LINK:Case Assignment Packet] . This is your only notice - you will not receive a separate document. (eef)
Related: [-]
Friday, January 17, 2014
1 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0419-2209002), filed by Movement Mortgage, LLC.(Aylward, Robert)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C