North Carolina Western District Court
Judge:Kenneth D Bell
Referred: David Keesler
Case #: 5:23-cv-00103
Nature of Suit195 Contract - Contract Product Liability
Cause28:1332 Diversity-Other Contract
Case Filed:Jun 22, 2023
Terminated:Jan 04, 2024
Case in other court:Iredell County Superior Court, 23-CVS-1338
Last checked: Tuesday Dec 19, 2023 4:02 AM EST
Defendant
CMS North America, Inc.
Represented By
Elizabeth Marguerite Thomas
Mcguirewoods LLP
contact info
Dylan Michael Bensinger
Mcguirewoods LLP
contact info
Defendant
Diversified Machine Systems, LLC
Represented By
Elizabeth Marguerite Thomas
Mcguirewoods LLP
contact info
Dylan Michael Bensinger
Mcguirewoods LLP
contact info
Defendant
SCM Group North America, Inc.
Represented By
Elizabeth Marguerite Thomas
Mcguirewoods LLP
contact info
Dylan Michael Bensinger
Mcguirewoods LLP
contact info
Plaintiff
Fibreworks Composites, LLC
Represented By
Clifton Walker Homesley
Homesley & Wingo Law Group, PLLC
contact info
Cameron Michael Bray
contact info


Docket last updated: 05/19/2025 11:59 PM EDT
Friday, January 05, 2024
22 22 1 pgs order Order Fri 01/05 2:01 PM
ORDER OF DISMISSAL WITH PREJUDICE. Signed by District Judge Kenneth D. Bell on 1/5/2024. (mek)
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Thursday, January 04, 2024
21 21 misc Stipulation of Dismissal Thu 01/04 5:40 PM
STIPULATION of Dismissal Joint by CMS North America, Inc., Diversified Machine Systems, LLC, SCM Group North America, Inc. (All Claims Dismissed. Case to be Closed).(Bensinger, Dylan)
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Att: 1 Proposed Order
Monday, November 06, 2023
20 20 respm Reply to Response to Motion Mon 11/06 4:19 PM
REPLY to Response to Motion re14 MOTION to Dismiss Under Federal Rules 12(b)(2) and 12 (b)(6) by CMS North America, Inc., Diversified Machine Systems, LLC, SCM Group North America, Inc.. (Bensinger, Dylan)
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Monday, October 30, 2023
19 19 21 pgs respm Memorandum in Opposition to Motion Mon 10/30 3:24 PM
MEMORANDUM in Opposition re14 MOTION to Dismiss Under Federal Rules 12(b)(2) and 12 (b)(6) by Fibreworks Composites, LLC. Replies due by 11/6/2023(Bray, Cameron)
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Att: 1 Exhibit A - Affidavit of Johnny Mordock
18 18 respm Response in Opposition to Motion Mon 10/30 3:18 PM
RESPONSE in Opposition re14 MOTION to Dismiss Under Federal Rules 12(b)(2) and 12 (b)(6) by Fibreworks Composites, LLC. Replies due by 11/6/2023 (Bray, Cameron)
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Monday, October 23, 2023
17 17 misc Corporate Disclosure Statement Mon 10/23 11:07 AM
Corporate Disclosure Statement by Fibreworks Composites, LLC. (Bray, Cameron)
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16 16 notice Notice of Appearance Mon 10/23 10:52 AM
NOTICE of Appearance by Cameron Michael Bray on behalf of Fibreworks Composites, LLC (Bray, Cameron) Modified text on 10/23/2023 (mek)
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Monday, October 16, 2023
15 15 23 pgs respm Memorandum in Support of Motion Mon 10/16 6:44 PM
MEMORANDUM in Support re14 MOTION to Dismiss Under Federal Rules 12(b)(2) and 12 (b)(6) by CMS North America, Inc., Diversified Machine Systems, LLC, SCM Group North America, Inc..(Bensinger, Dylan)
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Att: 1 Index of Exhibits,
Att: 2 Exhibit A - Declaration of Dorian Campagnola,
Att: 3 Exhibit B - Declaration of Luca Moroni,
Att: 4 Exhibit C - Declaration of Michael Crosby
14 14 motion Dismiss Mon 10/16 6:41 PM
MOTION to Dismiss Under Federal Rules 12(b)(2) and 12 (b)(6) by CMS North America, Inc., Diversified Machine Systems, LLC, SCM Group North America, Inc.. Responses due by 10/30/2023 (Bensinger, Dylan)
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13 13 notice Notice of Certificate of Initial Settlement Conference Mon 10/16 6:36 PM
NOTICE of Certificate of Settlement Conference Pursuant to Standing Order 5:19-mc-5. Result: Unable to resolve. (Bensinger, Dylan)
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Monday, October 09, 2023
12 12 notice Notice of Appearance Mon 10/09 3:40 PM
NOTICE of Appearance by Dylan Michael Bensinger on behalf of CMS North America, Inc., Diversified Machine Systems, LLC, SCM Group North America, Inc. (Bensinger, Dylan)
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Tuesday, August 08, 2023
11 11 1 pgs order Order on Motion for Extension of Time Tue 08/08 4:10 PM
ORDER granting 10 Consent Motion for Extension of Time to Answer re 1 Complaint contained in the Notice of Removal. CMS North America, Inc. answer due 10/16/2023; Diversified Machine Systems, LLC answer due 10/16/2023; SCM Group North America, Inc. answer due 10/16/2023. Signed by US Magistrate Judge David Keesler on 8/8/23. (mga)
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10 10 motion Extension of Time Tue 08/08 10:59 AM
Consent MOTION for Extension of Time to Answer or Otherwise Respond to the Complaint by CMS North America, Inc., Diversified Machine Systems, LLC, SCM Group North America, Inc.. (Thomas, Elizabeth)
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Friday, June 23, 2023
9 9 misc Citizenship Disclosure Statement Fri 06/23 7:31 PM
Disclosure Statement of Citizenship of Party or Intervenor by SCM Group North America, Inc.. (Thomas, Elizabeth)
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8 8 misc Citizenship Disclosure Statement Fri 06/23 7:30 PM
Disclosure Statement of Citizenship of Party or Intervenor by Diversified Machine Systems, LLC. (Thomas, Elizabeth)
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7 7 misc Citizenship Disclosure Statement Fri 06/23 7:28 PM
Disclosure Statement of Citizenship of Party or Intervenor by CMS North America, Inc.. (Thomas, Elizabeth)
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Thursday, June 22, 2023
6 6 1 pgs order Order on Motion for Extension of Time Thu 06/22 4:01 PM
ORDER granting 5 Motion for Extension of Time to Answer re: 1 Complaint contained in Notice of Removal. Diversified Machine Systems, LLC, SCM Group North America, Inc. and CMS North America, Inc. answers due 8/15/2023. Signed by US Magistrate Judge David Keesler on 6/22/2023. (brl)
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5 5 motion Extension of Time Thu 06/22 3:38 PM
Consent MOTION for Extension of Time to Answer re:1 Notice of Removal, Complaint by CMS North America, Inc., Diversified Machine Systems, LLC, SCM Group North America, Inc.. (Thomas, Elizabeth)
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4 4 misc Corporate Disclosure Statement Thu 06/22 3:34 PM
Corporate Disclosure Statement by Diversified Machine Systems, LLC. (Thomas, Elizabeth)
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3 3 misc Corporate Disclosure Statement Thu 06/22 3:24 PM
Corporate Disclosure Statement by SCM Group North America, Inc.. (Thomas, Elizabeth)
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2 2 misc Corporate Disclosure Statement Thu 06/22 3:21 PM
Corporate Disclosure Statement by CMS North America, Inc.. (Thomas, Elizabeth)
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1 1 7 pgs cmp Notice of Removal Thu 06/22 3:03 PM
NOTICE OF REMOVAL with Jury Demand from Iredell County Superior Court, case number 23-cvs-1338. (Filing fee $ 402 receipt number ANCWDC-6118452), filed by CMS North America, Inc., SCM Group North America, Inc., Diversified Machine Systems, LLC.(Thomas, Elizabeth)
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Att: 1 Index of Exhibits to Notice of Removal,
Att: 2 41 pgs Exhibit A - State Court Pleadings,
Att: 3 Exhibit B - Notice of Filing Notice of Removal
utility Case Assigned/Reassigned Thu 06/22 3:25 PM
Case assigned to District Judge Kenneth D. Bell and US 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. (mdp)
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utility Judge Bell Civil Standing Order Requiring ISC Thu 06/22 3:27 PM
Clerk's Entry and Service of[LINK:Standing Order Requiring an Initial Settlement Conference in Civil Cases] assigned to the Honorable Kenneth D. Bell (5:19-mc-5 (Doc. No. 1)). The parties are directed to click on the link above to retrieve the Order. The filing party is directed to serve a copy of the Order with service. (mdp)
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