North Carolina Middle District Court
Judge:Frank W Volk
Referred: Joi Elizabeth Peake
Case #: 1:25-cv-00024
Nature of Suit442 Civil Rights - Employment
Cause28:1331 Fed. Question
Case Filed:Jan 09, 2025
Last checked: Sunday Feb 23, 2025 5:21 AM EST
Defendant
THOMAS KIM
Represented By
RASHAWNDA MURPHY WILLIAMS
Cranfill Sumner LLP
contact info
BENTON L. TOUPS
Cranfill Sumner LLP
contact info
Defendant
NATIONAL JEWELRY & PAWN, INC.
Represented By
KYLE R. STILL
Wyrick Robbins Yates & Ponton LLP
contact info
Plaintiff
LINCOLN F. PAYNE
2342 LILY DR.
HAW RIVER, NC 27258


Docket last updated: 11 hours ago
Thursday, April 03, 2025
26 26 respm Response Thu 04/03 12:04 PM
RESPONSE to Defendant National Jewelry & Pawn, Inc.'s Reply re24 Reply to Response to Motion, filed by LINCOLN F. PAYNE.(jls)
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Att: 1 Exhibit
Wednesday, April 02, 2025
utility Motions Referred Wed 04/02 10:56 AM
Motions Referred: RE:15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to MAG/JUDGE JOI ELIZABETH PEAKE (kg)
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Monday, March 31, 2025
utility Motions No Longer Submitted Mon 03/31 5:42 PM
Motions No Longer Submitted to Chief District Judge Volk with West Virigina Southern District15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ,17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Powell, Gloria)
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Wednesday, March 26, 2025
25 25 1 pgs order Order Wed 03/26 6:07 PM
DESIGNATION OF A UNITED STATES JUDGE FOR SERVICE WITHIN THE CIRCUIT. Pursuant to the authority vested in me by Title 28, United States Code, Section 292(b), I do hereby designate and assign the Honorable Frank W. Volk to perform the duties of district judge in the United States District Court for the Middle District of North Carolina for the period of January 1, 2025, through June 30, 2025, and for such time as needed in advance to prepare and thereafter as required to complete unfinished business in the matters. Signed on 10/23/2024 by Chief Judge Albert Diaz, U. S. Court of Appeals for the Fourth Circuit. (Powell, Gloria)
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utility Case Reassigned Wed 03/26 6:08 PM
Case Reassigned to CHIEF DISTRICT JUDGE FRANK W. VOLK. JUDGE THOMAS D. SCHROEDER no longer assigned to the case. (See Doc. 25) (Powell, Gloria)
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utility Motions Submitted Wed 03/26 6:25 PM
Motions Submitted:15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ;17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to CHIEF DISTRICT JUDGE FRANK W. VOLK. (Powell, Gloria)
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Thursday, March 20, 2025
24 24 respm Reply to Response to Motion Thu 03/20 2:29 PM
REPLY, filed by Defendant NATIONAL JEWELRY & PAWN, INC., to Response to17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NATIONAL JEWELRY & PAWN, INC.. (STILL, KYLE)
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Thursday, March 06, 2025
23 23 respm Response to Motion Thu 03/06 1:42 PM
RESPONSE filed by Plaintiff LINCOLN F. PAYNE re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by THOMAS KIM,17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NATIONAL JEWELRY & PAWN, INC. filed by LINCOLN F. PAYNE. Replies due by 3/20/2025. (cc)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Thursday, February 27, 2025
22 22 notice Notice of Attorney Appearance Thu 02/27 2:49 PM
NOTICE of Attorney Appearance by attorney BRIAN N. MCCRACKEN on behalf of Defendant NATIONAL JEWELRY & PAWN, INC. (MCCRACKEN, BRIAN)
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Tuesday, February 18, 2025
21 21 notice Notice - Other Tue 02/18 11:59 AM
NOTICE by THOMAS KIM re16 Memorandum - Certificate of Word Count (TOUPS, BENTON)
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20 20 notice Notice - Other Tue 02/18 10:56 AM
NOTICE by NATIONAL JEWELRY & PAWN, INC. re18 Memorandum Certificate of Word Count (STILL, KYLE)
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19 19 misc Roseboro Letter - Right to Respond Tue 02/18 8:39 AM
Roseboro Letter re:15 MOTION TO DISMISS and17 MOTION TO DISMISS. (cc)
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Monday, February 17, 2025
18 18 23 pgs respm Memorandum Mon 02/17 4:03 PM
MEMORANDUM filed by Defendant NATIONAL JEWELRY & PAWN, INC. re17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by NATIONAL JEWELRY & PAWN, INC.. (STILL, KYLE)
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17 17 motion Dismiss for Failure to State a Claim Mon 02/17 4:01 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by NATIONAL JEWELRY & PAWN, INC.. Response to Motion due by 3/10/2025(STILL, KYLE)
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Att: 1 Exhibit A - Robert Moulton Declaration,
Att: 2 Exhibit B - Charge of Discrimination
16 16 15 pgs respm Memorandum Mon 02/17 11:31 AM
MEMORANDUM filed by Defendant THOMAS KIM re15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by THOMAS KIM. (TOUPS, BENTON)
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15 15 motion Dismiss for Failure to State a Claim Mon 02/17 11:29 AM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by THOMAS KIM. Response to Motion due by 3/10/2025 (TOUPS, BENTON)
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Thursday, February 06, 2025
14 14 misc Affidavit Thu 02/06 3:11 PM
AFFIDAVIT filed by Plaintiff LINCOLN F. PAYNE. (cc)
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Att: 1 Attachment 1
Tuesday, January 21, 2025
13 13 1 pgs order Order on Motion for Extension of Time to Answer Tue 01/21 4:53 PM
ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 01/21/2025, that the Motion [Doc. #11 ] is GRANTED, and the time for Defendant to respond to the Plaintiff's Complaint is hereby extended to February 17, 2025. Answer due by 2/17/2025. (cc)
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utility Motions Referred Tue 01/21 10:12 AM
Motion Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE:11 MOTION for Extension of Time to File Answer. (ae)
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Friday, January 17, 2025
12 12 misc Corporate Disclosure Statement Fri 01/17 4:46 PM
Corporate Disclosure Statement. (STILL, KYLE)
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11 11 motion Extension of Time to File Answer Fri 01/17 4:44 PM
MOTION for Extension of Time to File Answer by NATIONAL JEWELRY & PAWN, INC..(STILL, KYLE)
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Att: 1 Text of Proposed Order Proposed Order
10 10 notice Notice of Attorney Appearance Fri 01/17 4:42 PM
NOTICE of Attorney Appearance by attorney KYLE R. STILL on behalf of Defendant NATIONAL JEWELRY & PAWN, INC. (STILL, KYLE)
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Thursday, January 16, 2025
9 9 1 pgs order Order on Motion for Extension of Time to Answer Thu 01/16 6:27 PM
ORDER granting7 Motion for Extension of Time to Answer filed by THOMAS KIM to 2/15/2025; NATIONAL JEWELRY & PAWN, INC. to 2/15/2025. The time within which Defendant may file responsive and defensive pleading or motions is 2/15/2025. Signed by MAG/JUDGE JOI ELIZABETH PEAKE on 1/16/25.(kg)
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8 8 notice Notice of Right to Consent Thu 01/16 10:29 AM
Notice of Right to Consent. (sh)
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Att: 1 Consent Form
utility Case Assigned Thu 01/16 10:03 AM
Case ASSIGNED to JUDGE THOMAS D. SCHROEDER and MAG/JUDGE JOI ELIZABETH PEAKE. (sh)
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utility Motions Referred Thu 01/16 3:15 PM
Motion Referred to MAGISTRATE JUDGE JOI ELIZABETH PEAKE RE:7 MOTION for Extension of Time to File Answer. (ae)
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Friday, January 10, 2025
7 7 motion Extension of Time to File Answer Fri 01/10 12:45 PM
MOTION for Extension of Time to File Answer by THOMAS KIM.(TOUPS, BENTON)
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Att: 1 Text of Proposed Order Proposed Order on Motion for Extension of Time
6 6 service Summons Issued Fri 01/10 8:52 AM
Summons Issued as to All Defendants. (State Court documents originally filed in DURHAM COUNTY SUPERIOR COURT, case number 24CV010824-310, issued 12/9/2024, listed as Exhibit A to1 Petition for Removal.) (sh)
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5 5 cmp Complaint Fri 01/10 8:51 AM
COMPLAINT (JURY TRIAL DEMANDED) against All Defendants, filed by LINCOLN F. PAYNE. (State Court documents originally filed in DURHAM COUNTY SUPERIOR COURT, case number 24CV010824-310, listed as Exhibit A to1 Petition for Removal.) (sh)
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Thursday, January 09, 2025
4 4 misc Corporate Disclosure Statement Thu 01/09 5:15 PM
Corporate Disclosure Statement. (TOUPS, BENTON)
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3 3 notice Notice of Attorney Appearance Thu 01/09 5:12 PM
NOTICE of Attorney Appearance by attorney RASHAWNDA MURPHY WILLIAMS on behalf of Defendant Thomas Kim (WILLIAMS, RASHAWNDA)
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2 2 notice Notice of Attorney Appearance Thu 01/09 5:09 PM
NOTICE of Attorney Appearance by attorney BENTON L. TOUPS on behalf of Defendant Thomas Kim (TOUPS, BENTON)
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1 1 cmp Petition for Removal Thu 01/09 5:06 PM
PETITION FOR REMOVAL against Lincoln F. Payne ( Filing fee $ 405 receipt number ANCMDC-3993141.), filed by Thomas Kim.(TOUPS, BENTON)
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Att: 1 Exhibit A - Civil Summons & Complaint,
Att: 2 Exhibit B - State Court Notice of Removal,
Att: 3 Civil Cover Sheet