PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. v. QBE INSURANCE CORPORATION
North Carolina Middle District Court | |
Judge: | Catherine C Eagles |
Referred: | Joe L Webster |
Case #: | 1:23-cv-00710 |
Nature of Suit | 110 Contract - Insurance |
Cause | 28:1332 Diversity-Insurance Contract |
Case Filed: | Aug 21, 2023 |
Case in other court: | ORANGE COUNTY SUPERIOR COURT, 23CVS376 |
Last checked: Saturday Feb 17, 2024 5:27 AM EST |
Defendant
QBE INSURANCE CORPORATION
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Represented By
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Mediator
SCOTT C. HART
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Plaintiff
PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.
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Represented By
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Docket last updated: 2 hours ago |
Thursday, January 09, 2025 | ||
46 | 46
![]() STIPULATION of Dismissal of Case by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.. (BUSSEY, RAFORD) |
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Wednesday, November 27, 2024 | ||
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Case Reported Settled
Wed 11/27 8:07 AM
Case Reported Settled see Doc. 45. Stipulation of Dismissal due by 1/10/2025. (rw) |
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Tuesday, November 26, 2024 | ||
45 | 45
![]() NOTICE of Settlement Joint with Plaintiff Presque Isle Villas Condominium Homeowners Association, Inc. by QBE INSURANCE CORPORATION (WATSON, LEWIS) |
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44 | 44
![]() REPORT OF MEDIATOR from Scott C. Hart - Mediation Held on 11/18/2024. (IMPASSE) (mb) |
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Friday, November 08, 2024 | ||
43 | 43
![]() CERTIFICATE OF SERVICE by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. for Plaintiff's 2nd Set of Discovery Responses (TURNER, MICHAEL) |
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Monday, September 30, 2024 | ||
42 | 42
![]() ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 9/30/2024; that the defendant's motion to dismiss the plaintiff's breach of contract claim, Doc.28 , is DENIED. (sh) |
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Wednesday, September 18, 2024 | ||
41 | 41
![]() CERTIFICATE OF SERVICE by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. of Plaintiff's Supplemental Discovery Responses (HUGGINS, JEFFREY) |
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Monday, September 16, 2024 | ||
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Motions Submitted
Mon 09/16 3:05 PM
Motions Submitted:28 MOTION to Dismiss Plaintiff's Breach of Contract Claim to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (rw) |
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Friday, September 13, 2024 | ||
40 | 40
![]() CERTIFICATE Certification of Word Count by Defendant QBE INSURANCE CORPORATION. (BURGESS, JASON) |
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39 | 39
![]() RESPONSE in Support re37 Brief, Motion to Dismiss Plaintiff's Breach of Contract Claim filed by QBE INSURANCE CORPORATION. Replies due by 9/27/2024 (BURGESS, JASON) |
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Friday, September 06, 2024 | ||
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Set/Reset Motion and R and R Deadlines/Hearings
Fri 09/06 9:02 AM
Reset Reply Deadline re28 MOTION to Dismiss Plaintiff's Breach of Contract Claim . Replies due by 9/19/2024. (sh) |
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Thursday, September 05, 2024 | ||
38 | 38
![]() CERTIFICATE re37 Brief, Plaintiff's Certification of Word Count by Plaintiff PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.. (BUSSEY, RAFORD) |
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37 | 37
![]() Plaintiff's BRIEF and Memorandum of Law in Opposition to Defendant's Motion to Dismiss Plaintiff's Breach of Contract Claim by Plaintiff PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. filed by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.. (BUSSEY, RAFORD) |
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Wednesday, September 04, 2024 | ||
36 | 36
![]() ORDER signed by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 9/4/2024; THAT: 1. The Joint Motion for Extension of Deadlines for Discovery Completion and Trial, Doc.35 , is GRANTED in part and DENIED in part. 2. The discovery deadline is EXTENDED to December 10, 2024. Any dispositive motions SHALL be filed no later than January 10, 2025. Counsel shall arrange their schedules to permit briefing to occur without extension. 3. The motion is DENIED to the extent the parties seek to continue the trial date and associated pretrial deadlines. The deadlines set forth by order filed June 27, 2024, Doc.23 , remain in place. (sh) (Main Document 36 replaced on 9/4/2024 with corrected January date.) (sh) |
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Set/Reset Scheduling Order Deadlines
Wed 09/04 12:21 PM
Reset Scheduling Order Deadlines: Discovery due by 12/10/2024. Dispositive Motions due by 1/10/2025. (sh) |
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Tuesday, September 03, 2024 | ||
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Motions Submitted
Tue 09/03 1:22 PM
Motions Submitted:35 JOINT MOTION for Extension of Deadlines for Discovery Completion and Trial to CHIEF DISTRICT JUDGE CATHERINE C. EAGLES- (rw) |
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Tuesday, August 27, 2024 | ||
35 | 35
![]() JOINT MOTION for Extension of Deadlines for Discovery Completion and Trial by QBE INSURANCE CORPORATION.(WATSON, LEWIS) |
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Att: 1
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Friday, August 23, 2024 | ||
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Set/Reset Motion and R and R Deadlines/Hearings
Fri 08/23 9:53 AM
Reset Response Deadline re28 MOTION to Dismiss Plaintiff's Breach of Contract Claim . Response to Motion due by 9/5/2024. (sh) |
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Thursday, August 22, 2024 | ||
order
Order on Motion for Extension of Time to File Response/Reply
Thu 08/22 3:17 PM
TEXT ORDER granting in part34 Motion for Extension of Time. For good cause shown, the Motion (Docket Entry 34) is Granted in part such that Plaintiff shall have up to and including September 5, 2024, to respond to Defendant's Motion to Dismiss. Plaintiff shall not anticipate any further extension of said deadline. Issued by MAG/JUDGE JOE L. WEBSTER on 8/22/2024.(pl) |
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Wednesday, August 21, 2024 | ||
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Motions Referred
Wed 08/21 11:06 AM
Motions Referred: RE:34 First MOTION for Extension of Time to File Response/Reply , to MAG/JUDGE JOE L. WEBSTER (rw) |
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order
Order on Motion to Compel
Wed 08/21 7:09 PM
TEXT ORDER Dismissing without prejudice25 "Defendant QBE Insurance Corporation's Motion to Compel." Defendant QBE Insurance Corporation ("Defendant") moves the Court pursuant to Fed. R. Civ. P. 37 and 45 to compel non-party Precision Claim Consultants, LLC ("Precision") to produce discovery in response to Defendant's subpoena. ( See Docket Entry 25 at 1.) Precision has not responded. "On notice to other parties and all affected persons, a party may move for an order compelling disclosure or discovery." Fed. R. Civ. P. 37(a)(1). However, "[a] motion for an order to a nonparty must be made in the court where the discovery is or will be taken." Fed. R. Civ. P. 37(a)(2) (emphasis added). Accordingly, upon issuance of document subpoena, "the serving party may move the court for the district where compliance is required for an order compelling production or inspection." Fed. R. Civ. P. 45(d)(2)(B)(i) (emphasis added); see also Fed. R. Civ. P. 45(g) ("The court for the district where compliance is required-and also, after a motion is transferred, the issuing court-may hold in contempt a person who, having been served, fails without adequate excuse to obey the subpoena...."). Here, Defendant's subpoena set the location for discovery as Charlotte, NC. ( See Docket Entry 25 at 6.) Therefore, Defendant must file its motion to compel in the United States District Court for the Western District of North Carolina-the court which encompasses Mecklenburg County, in which Charlotte, NC is located. See 28 U.S.C. § 113(c); see also Sacks Holdings, Inc. v. Grin Nat. USA Ltd., No. 1:23CV1058, 2024 WL 3535390, at *1 (M.D.N.C. July 25, 2024). Therefore, it is ordered that Defendant's motion (Docket Entry 25) is denied without prejudice to allow for refiling in the proper Court. See York Holdings, Ltd. v. Waid, 345 F.R.D. 626, 627 (D. Nev. 2024) ("When a subpoena-related motion has been filed in the wrong District, courts routinely deny that motion without prejudice to refiling it in the proper tribunal."); see also Sacks, No. 1:23CV1058, 2024 WL 3535390, at *3 (collecting cases). Issued by MAG/JUDGE JOE L. WEBSTER on 08/21/2024.(aet) |
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Tuesday, August 20, 2024 | ||
34 | 34
![]() First MOTION for Extension of Time to File Response/Reply by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.(BUSSEY, RAFORD) |
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Att: 1
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33 | 33
![]() NOTICE of Special Appearance by attorney MICHAEL DAVIS TURNER on behalf of Plaintiff PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. ( Filing fee $ 25 receipt number ANCMDC-3896863.) (TURNER, MICHAEL) |
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Friday, August 09, 2024 | ||
32 | 32
![]() NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant QBE INSURANCE CORPORATION. JASON W. BURGESS is substituted as counsel for Defendant. Attorney NEIL W. BLACKMON terminated. (BURGESS, JASON) |
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Thursday, August 01, 2024 | ||
31 | 31
![]() CERTIFICATE re30 Memorandum, Defendant's Certification of Word Count by Defendant QBE INSURANCE CORPORATION. (BLACKMON, NEIL) |
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30 | 30
![]() MEMORANDUM filed by Defendant QBE INSURANCE CORPORATION re28 MOTION to Dismiss Plaintiff's Breach of Contract Claim Brief in Support of Motion to Dismiss Plaintiff's Breach of Contract Claim filed by QBE INSURANCE CORPORATION. (BLACKMON, NEIL) |
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29 | 29
![]() CERTIFICATE re28 MOTION to Dismiss Plaintiff's Breach of Contract Claim Defendant's Certification of Word Count by Defendant QBE INSURANCE CORPORATION. (BLACKMON, NEIL) |
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28 | 28
![]() MOTION to Dismiss Plaintiff's Breach of Contract Claim by QBE INSURANCE CORPORATION. Response to Motion due by 8/22/2024 (BLACKMON, NEIL) |
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Motions Referred
Thu 08/01 9:40 AM
Motions Referred: RE:25 MOTION to Compel Subpoena Response of Precision Claim Consultants , to MAG/JUDGE JOE L. WEBSTER (rw) |
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Wednesday, July 31, 2024 | ||
27 | 27
![]() MOTION to Dismiss Plaintiff's Breach of Contract Claim by QBE INSURANCE CORPORATION. Response to Motion due by 8/21/2024 (BLACKMON, NEIL) |
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Wednesday, July 17, 2024 | ||
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Set/Reset Motion and R and R Deadlines/Hearings
Wed 07/17 3:26 PM
Reset Response Deadline re25 MOTION to Compel Subpoena Response of Precision Claim Consultants . Response to Motion due by 7/30/2024. (sh) |
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Tuesday, July 16, 2024 | ||
26 | 26
![]() CERTIFICATE of Service of Motion to Compel to Precision Claim Consultants, LLC by Defendant QBE INSURANCE CORPORATION. (BLACKMON, NEIL) |
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25 | 25
![]() MOTION to Compel Subpoena Response of Precision Claim Consultants by QBE INSURANCE CORPORATION. Response to Motion due by 8/6/2024(BLACKMON, NEIL) |
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Att: 1
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24 | 24
![]() CERTIFICATE of Meet and Confer Regarding Non-Compliance with Subpoena by Defendant QBE INSURANCE CORPORATION. (BLACKMON, NEIL) |
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Thursday, June 27, 2024 | ||
23 | 23
![]() NOTICE of Rescheduling: Jury Trial set for 5/5/2025 09:30 AM in Greensboro Courtroom #3 before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. *Counsel will be notified of a date certain for trial closer to the start of the term. A settlement conference in the above-referenced case will be set for a date approximately 30 days before the commencement of the calendar term. Counsel are directed to bring their clients and a representative from the corporations to the settlement conference.The parties shall comply in all respects with Fed. R. Civ. P. 26(a)(3) regarding final pretrial disclosure, including the time requirements set out therein. Unless the court orders otherwise, pretrial disclosures must be made no later than April 4, 2025. Motions in limine must be filed no later than April 11, 2025. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than April 18, 2025. Each party shall file a trial brief, along with proposed instructions on the issues no later than April 14, 2025. Counsel shall consult and endeavor to file one (1) set of agreed upon jury instructions to the extent practicable and may file competing jury instructions where there is disagreement. An electronic Word version of the jury instructions shall be emailed to the assigned district judges ECF mailbox. *Trial will be moved to the March term it no dispositive motions are filed.(rw) |
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Wednesday, May 15, 2024 | ||
22 | 22
![]() STATUS REPORT Regarding Discovery by QBE INSURANCE CORPORATION. (BLACKMON, NEIL) |
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Wednesday, March 27, 2024 | ||
21 | 21
![]() NOTICE of Attorney Appearance by attorney NEIL W. BLACKMON on behalf of Defendant QBE INSURANCE CORPORATION (BLACKMON, NEIL) |
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Tuesday, March 19, 2024 | ||
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Set/Reset Deadlines/Hearings
Tue 03/19 10:40 AM
Set Deadline: Joint Status Report due by 5/15/2024. (sh) |
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Monday, March 18, 2024 | ||
order
Order
Mon 03/18 3:46 PM
TEXT ORDER issued by CHIEF DISTRICT JUDGE CATHERINE C. EAGLES on 3/18/24. Upon review of the docket and in light of the long period for discovery, the Court requires a status report from counsel. Given the lengthy discovery period authorized, the Court does not contemplate any extensions, see generally Doc. 8 paragraph 9, and it wants to be sure the parties are diligently and actively moving the case forward. Counsel shall confer and no later than May 15, 2024, SHALL file a Joint Status Report detailing the status of written discovery, document production, steps taken to overcome any challenges, depositions taken and scheduled, and plan for completing remaining discovery by November 1, 2024.(rw) |
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Friday, February 23, 2024 | ||
20 | 20
![]() CERTIFICATE OF SERVICE by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. of Plaintiff's Responses to Discovery Requests (HUGGINS, JEFFREY) |
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Thursday, February 22, 2024 | ||
19 | 19
![]() NOTICE of Hearing: Jury Trial set for 4/7/2025 09:30 AM in Greensboro Courtroom #3 before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES. A settlement conference in the above-referenced case will be set for a date approximately 30 days before the commencement of the calendar term. Counsel are directed to bring their clients and a representative from the corporations to the settlement conference.The parties shall comply in all respects with Fed. R. Civ. P. 26(a)(3) regarding final pretrial disclosure, including the time requirements set out therein. Unless the court orders otherwise, pretrial disclosures must be made no later than March 7, 2025. Motions in limine must be filed no later than March 14, 2025. Any objections to pretrial disclosures and responses to motions in limine must be served and promptly filed no later than March 21, 2025. Each party shall file a trial brief, along with proposed instructions on the issues no later than March 17, 2025. Counsel shall consult and endeavor to file one (1) set of agreed upon jury instructions to the extent practicable and may file competing jury instructions where there is disagreement. An electronic Word version of the jury instructions shall be emailed to the assigned district judges ECF mailbox. (rw) |
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Tuesday, November 21, 2023 | ||
18 | 18
![]() ORDER Appointing SCOTT C. HART, as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (mb) |
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order
Mediation Scheduling Order
Tue 11/21 10:36 AM
MEDIATION SCHEDULING ORDER; Mediation due by 11/1/2024. (mb) |
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Monday, November 20, 2023 | ||
17 | 17
![]() ORDER APPROVING JOINT RULE 26(f) REPORT signed by MAG/JUDGE JOE L. WEBSTER on 11/20/2023; The Court has reviewed the Joint Rule 26(f) Report (Docket Entry15 ) submitted by the parties and approves it with the modifications set out herein. Discovery is standard. Discovery due by 11/1/2024. Plaintiff's Amended Pleadings due by 5/1/2024. Defendant's Amended Pleadings due by 5/1/2024. Joinder of Parties for Plaintiff due by 5/1/2024. Joinder of Parties for Defendant due by 5/1/2024.The Parties agree that the mediator shall be Scott Hart. The Parties have discussed special procedures for managing this case, including reference of the case to a Magistrate Judge on consent of the Parties under 28 U.S.C. §§636(c), or appointment of a master. To date, no special procedures have been deemed necessary by the parties. Trial of the action is expected to take approximately seven (7) days. A jury trial has been demanded by both parties. (sh) |
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notice
Working Copies Notice
Mon 11/20 4:38 PM
NOTICE to Counsel: Counsel shall comply with the assigned magistrate judge's working copies preference for filing non-dispositive motions and briefs including discovery matters as seen at https://www.ncmd.uscourts.gov/sites/ncmd/files/JudPref.pdf. (sh) |
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Tuesday, November 14, 2023 | ||
16 | 16
![]() NOTICE of Special Appearance by attorney JEFFREY REMINGTON HUGGINS on behalf of Plaintiff PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. ( Filing fee $ 25 receipt number ANCMDC-3698077.) (HUGGINS, JEFFREY) |
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Motions Referred
Tue 11/14 10:09 AM
Motions Referred: RE:15 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (kg) |
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Monday, November 13, 2023 | ||
15 | 15
![]() Rule 26(f) Report (Joint) filed by all parties by QBE INSURANCE CORPORATION.(WATSON, LEWIS) |
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Friday, November 10, 2023 | ||
14 | 14
![]() NOTICE by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. of Special Appearance (HUGGINS, JEFFREY) |
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Wednesday, November 08, 2023 | ||
13 | 13
![]() NOTICE by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. of Special Appearance (HUGGINS, JEFFREY) |
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Thursday, November 02, 2023 | ||
12 | 12
![]() NOTICE of Special Appearance by attorney RAFORD W. BUSSEY, JR on behalf of Plaintiff PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC. ( Filing fee $ 25 receipt number ANCMDC-3689737.) (BUSSEY, RAFORD) |
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Friday, October 13, 2023 | ||
11 | 11
![]() Consent MOTION to Continue Initial Pretrial Conference by QBE INSURANCE CORPORATION.(WATSON, LEWIS) |
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Att: 1
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Motions Referred
Fri 10/13 12:46 PM
Motions Referred: RE:11 Consent MOTION to Continue Initial Pretrial Conference , to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim) |
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order
Order on Motion to Continue
Fri 10/13 2:44 PM
TEXT ORDER granting11 Consent Motion to Continue Initial Pretrial Conference. For good cause shown, the Initial Pretrial Conference hearing shall be continued to Tuesday, November 21, 2023. Issued by MAG/JUDGE JOE L. WEBSTER on 10/13/2023.(Lee, Pedra) |
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Set/Reset Deadlines/Hearings
Fri 10/13 3:39 PM
Reset Hearings: Initial Pretrial Conference reset for 11/21/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
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Thursday, September 07, 2023 | ||
10 | 10
![]() Envelope Containing5 ECF 30 Day Notice addressed to RAFORD W. BUSSEY, JR. P.O. BOX 1804, GREENVILLE, SC 29602 returned to court by postal service, marked undeliverable because Return to Sender, Attempted- Unknown, Unable to Forward. (Bowers, Alexis) |
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Wednesday, September 06, 2023 | ||
9 | 9
![]() NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 10/18/2023 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim) |
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8 | 8
![]() STANDARD ORDER for civil cases proceeding before CHIEF DISTRICT JUDGE CATHERINE C. EAGLES.(Winchester, Robin) |
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Tuesday, September 05, 2023 | ||
7 | 7
![]() ANSWER to2 Complaint, by QBE INSURANCE CORPORATION. (WATSON, LEWIS) |
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Wednesday, August 23, 2023 | ||
6 | 6
![]() Notice of Right to Consent. (Bowers, Alexis) |
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Att: 1
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Case Assigned
Wed 08/23 11:11 AM
Case ASSIGNED to CHIEF JUDGE CATHERINE C. EAGLES and MAG/JUDGE JOE L. WEBSTER. (Bowers, Alexis) |
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Case Referred to Mediation
Wed 08/23 11:12 AM
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Bowers, Alexis) |
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Tuesday, August 22, 2023 | ||
5 | 5
![]() ECF 30 Day Notice as to Attorney RAFORD W. BUSSEY, JR. ECF 30 Day Notice due by 9/21/2023. (Bowers, Alexis) |
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4 | 4
![]() Summons Reissued as to QBE INSURANCE CORPORATION. (State Court document originally filed in Orange County Superior Court, Case number 23cvs376, issued on 07/5/2023, listed as Exhibit 2 to the1 Petition for Removal) (Bowers, Alexis) |
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3 | 3
![]() Summons Issued as to QBE INSURANCE CORPORATION. (State Court document originally filed in Orange County Superior Court, Case number 23cvs376, issued on 04/10/2023, listed as # 8 to the1 Petition for Removal) (Bowers, Alexis) |
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Monday, August 21, 2023 | ||
2 | 2
![]() COMPLAINT, Jury Trial Demanded against QBE INSURANCE CORPORATION, filed by PRESQUE ISLE VILLAS CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.. (State Court document originally filed in Orange County Superior Court, case number 23cvs376, listed as Exhibit 1 to the1 Petition for Removal)(Bowers, Alexis) |
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1 | 1
![]() PETITION FOR REMOVAL from Orange County Superior Court, case number 23cvs376 against All Plaintiffs ( Filing fee $ 402 receipt number ANCMDC-3635448.), filed by QBE INSURANCE CORPORATION.(WATSON, LEWIS) Modified on 8/21/2023 to add State court information (Bowers, Alexis) |
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