| September 27, 2023 |  Filing 70 ORDER Appointing Mediator - Jonathan R. Harkavy appointed. Signed by Peter A. Moore, Jr., Clerk of Court on 9/27/2023. (Mann, Stephanie) |
| September 26, 2023 | Filing 69 Selection of Jonathan R. Harkavy as mediator filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| September 8, 2023 | Filing 68 SCHEDULING ORDER: Discovery due by 7/5/2024. Motions due by 8/2/2024. The matter will be set for trial by separate order. Counsel should read the order in its entirety for critical deadlines and information. Signed by District Judge James C. Dever III on 9/8/2023. (Attachments: #1 Consent to Magistrate Judge Form) (Sellers, N.) |
| September 8, 2023 | NOTICE TO COUNSEL - Pursuant to Local ADR Rule 101.1c(a), counsel is reminded that the parties must file a written statement identifying an agreed upon mediator within twenty one (21) days of the entry of the Scheduling Order. If a statement is not timely filed, the Clerk of Court will appoint a mediator from the list of court certified mediators. Selection of Mediator must be electronically filed on or before 9/29/2023. (Sellers, N.) |
| August 30, 2023 | Filing 67 Rule 26(f) Report (joint) filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| July 26, 2023 | Filing 66 Minute Entry for proceedings held before Magistrate Judge James E. Gates in Raleigh.Settlement Conference held on 7/26/2023. Parties present with counsel. The court makes brief opening remarks. The parties break for negotiation. At 2:45 p.m. the settlement conference ended. (Court Reporter - FTR) (Horton, B.) |
| June 16, 2023 | Filing 64 ANSWER to #36 Amended Complaint by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| June 15, 2023 | Filing 65 Order Setting Settlement Conference for 7/26/2023 at 10:30 AM in Raleigh - 6th Floor Courtroom before Magistrate Judge James E. Gates. Signed by Magistrate Judge James E. Gates on 6/15/2023. Counsel should read the order in its entirety for critical deadlines and information. (Mann, Stephanie) |
| June 14, 2023 | Filing 63 Joint Notice regarding Settlement Conference filed by Lanette B DeRose, Richard T DeRose regarding #62 Order. (Sutton, Kerstin) |
| June 5, 2023 | Filing 62 ORDER. Signed by Magistrate Judge James E. Gates on 6/5/2023. Counsel should read this order in its entirety for critical information and deadlines. (Horton, B.) |
| June 1, 2023 | Filing 61 ORDER - The court GRANTS DoorDash's motion to dismiss #46 and DISMISSES DoorDash as a defendant. The court DENIES IN PART the 1400 Crest defendants' motion to dismiss as to the negligence, negligence per se, gross negligence, and wrongful death claims, GRANTS IN PART the 1400 Crest defendants' motion to dismiss the NIED claim and request for punitive damages, and DISMISSES the NIED claim and request for punitive damages against the 1400 Crest defendants #43 . The parties shall engage in a court-hosted mediation with United States Magistrate Judge James E. Gates. Signed by District Judge James C. Dever III on 6/1/2023. (Mann, Stephanie) |
| April 5, 2023 | Filing 60 ORDER - The Motion for Leave to File Exhibit Under Seal #51 is GRANTED and Exhibit A #48 to the Crest Defendants' Memorandum in Support of Motion to Dismiss Plaintiffs' Amended Complaint is hereby ordered sealed. Signed by District Judge James C. Dever III on 4/5/2023. (Mann, Stephanie) |
| April 3, 2023 | Motions Submitted to District Judge James C. Dever III regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36], #51 MOTION for Leave to File Exhibit Under Seal. (Mann, Stephanie) |
| March 31, 2023 | Filing 59 REPLY to Response to Motion regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] filed by DoorDash, Inc.. (Edwards, Gary) |
| March 29, 2023 | Filing 58 Reply in Support regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) Modified on 3/30/2023 to add related DE 43 (Mann, Stephanie). |
| March 21, 2023 | Filing 57 ORDER - The motion to dismiss filed by defendant City of Raleigh (D.E. 49), is TERMINATED AS MOOT where this defendant is dismissed from this action. Signed by District Judge James C. Dever III on 3/21/2023. (Mann, Stephanie) |
| March 17, 2023 | Filing 56 Notice of Voluntary Dismissal filed by Lanette B DeRose, Richard T DeRose as to City of Raleigh. (Attachments: #1 Text of Proposed Order) (Sutton, Kerstin) |
| March 17, 2023 | Filing 55 RESPONSE in Opposition regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Crest Defendants filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| March 17, 2023 | Filing 54 RESPONSE in Opposition regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] by DoorDash filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| February 23, 2023 | Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #53 MOTION for Extension of Time to File Response as to #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36]. (Mann, Stephanie) |
| February 23, 2023 | TEXT ORDER granting Plaintiffs' Motion for Extension of Time #53 . For good cause shown, it is ordered that Plaintiffs have up to and including March 17, 2023, within which to respond to Defendants' Motions to Dismiss #43 #46 #49 . Signed by Peter A. Moore, Jr., Clerk of Court on 2/23/2023. (Hockaday, A.) |
| February 22, 2023 | Filing 53 MOTION for Extension of Time to File Response as to #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] filed by Lanette B DeRose, Richard T DeRose. (Attachments: #1 Text of Proposed Order Granting Motion) (Sutton, Kerstin) |
| February 22, 2023 | Filing 52 Memorandum in Support regarding #51 MOTION for Leave to File Exhibit Under Seal filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Exhibit 1 - Protective Agreement) (Fothergill, David) |
| February 22, 2023 | Filing 51 MOTION for Leave to File Exhibit Under Seal regarding #48 Proposed Sealed Exhibit filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Text of Proposed Order) (Fothergill, David) |
| February 17, 2023 | Filing 50 Memorandum in Support regarding #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Raleigh. (Choi, Hunt) |
| February 17, 2023 | Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Raleigh. (Attachments: #1 Exhibit Ex. A - Pryor v City of Raleigh (unpublished), #2 Exhibit Ex. B - Flood v Crews (unpublished)) (Choi, Hunt) |
| February 17, 2023 | Filing 48 SEALED Exhibit regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Selected Participants Only)by David Fothergill (available to: Defendants Beaver Creek Land Holdings, LLC, Centennial Land Company, City of Raleigh, Stacey Lee Stephens, Timothy W Stephens) (Fothergill, David) Modified on 4/5/2023 - Sealed pursuant to Order #60 (Mann, Stephanie). |
| February 17, 2023 | Filing 47 Memorandum in Support regarding #46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] filed by DoorDash, Inc.. (Edwards, Gary) |
| February 17, 2023 | Filing 46 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and to Strike First Amended Complaint [Doc. 36] filed by DoorDash, Inc.. (Edwards, Gary) |
| February 17, 2023 | Filing 45 Notice of Filing Under Seal filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens regarding #44 Memorandum in Support, of Provisional Filing of Exhibit A Under Seal. (Fothergill, David) |
| February 17, 2023 | Filing 44 Memorandum in Support regarding #43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Exhibit A - RPD CRU File (provisionally under seal), #2 Exhibit B - Release) (Fothergill, David) |
| February 17, 2023 | Filing 43 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| January 27, 2023 | Filing 42 First MOTION for Extension of Time to File Answer regarding #36 Amended Complaint filed by DoorDash, Inc.. (Attachments: #1 Exhibit A (Email Consent to Extension), #2 Text of Proposed Order (Granting Motion)) (Edwards, Gary) |
| January 27, 2023 | Filing 41 First MOTION for Extension of Time to File Answer regarding #36 Amended Complaint filed by City of Raleigh. (Attachments: #1 Text of Proposed Order Proposed Order) (Choi, Hunt) |
| January 27, 2023 | Motions Referred to Peter A. Moore, Jr., Clerk of Court regarding #41 First MOTION for Extension of Time to File Answer regarding #36 Amended Complaint , #42 First MOTION for Extension of Time to File Answer regarding #36 Amended Complaint. (Sellers, N.) |
| January 27, 2023 | TEXT ORDER granting the Motions for Extension of Time #41 #42 filed by Defendants City of Raleigh and Door Dash, Inc. For good cause shown, it is ordered that these defendants have up to and including February 17, 2023, within which to answer or otherwise respond to the Amended Complaint #36 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/27/2023. (Hockaday, A.) |
| January 25, 2023 | Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #40 MOTION for Extension of Time to File Answer regarding #36 Amended Complaint. (Sellers, N.) |
| January 25, 2023 | TEXT ORDER granting the Motion for Extension of Time #40 filed by Defendants Beaver Creek Land Holdings LLC, Centennial Land Company, Timothy Warren "Sammy" Stephens, and Stacey Lee Stephens. For good cause shown, it is ordered that these defendants have up to and including February 17, 2023, within which to answer or otherwise respond to the Amended Complaint #36 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/25/2023. (Hockaday, A.) |
| January 24, 2023 | Filing 40 MOTION for Extension of Time to File Answer regarding #36 Amended Complaint filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Text of Proposed Order) (Fothergill, David) |
| January 19, 2023 | Filing 39 TEXT ORDER finding as moot #22 Motion to Dismiss for Failure to State a Claim. Signed by District Judge James C. Dever III on 1/19/2023. (Hayes, Lyndsay) |
| January 19, 2023 | Filing 38 TEXT ORDER finding as moot #20 Motion to Dismiss. Signed by District Judge James C. Dever III on 1/19/2023. (Hayes, Lyndsay) |
| January 19, 2023 | Filing 37 TEXT ORDER finding as moot #18 Motion to Dismiss for Failure to State a Claim; finding as moot #18 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge James C. Dever III on 1/19/2023. (Hayes, Lyndsay) |
| January 19, 2023 | Filing 36 AMENDED COMPLAINT against Beaver Creek Land Holdings, LLC, Centennial Land Company, City of Raleigh, DoorDash, Inc., Stacey Lee Stephens, Timothy W Stephens, filed by Richard T DeRose, Lanette B DeRose. (Sellers, N.) |
| January 19, 2023 | Filing 35 ORDER granting #27 Motion to Amend Complaint. Defendants may plead in response to the amended complaint in accordance with the Federal Rules of Civil Procedure. Signed by District Judge James C. Dever III on 1/19/2023. (Sellers, N.) |
| January 18, 2023 | Motion Submitted to District Judge James C. Dever III regarding #20 MOTION to Dismiss DoorDash, Inc.'s Rule 12(b)(6) Motion to Dismiss and Rule 12(f) Motion to Strike, #27 First MOTION to Amend/Correct #1 Complaint. (Sellers, N.) |
| January 16, 2023 | Filing 34 REPLY to Response to Motion regarding #27 First MOTION to Amend/Correct #1 Complaint (Crest Defendants' Response) filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| January 13, 2023 | Filing 33 RESPONSE in Opposition regarding #27 First MOTION to Amend/Correct #1 Complaint filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| January 5, 2023 | TEXT ORDER granting Plaintiffs' Motions for Extension of Time #29 #30 . For good cause shown, it is ordered that Plaintiffs' responses to the pending Motions to Dismiss #18 #22 , if needed, shall be filed within 10 days after the court rules on Plaintiffs' Motion to Amend Complaint #27 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/5/2023. (Hockaday, A.) |
| January 4, 2023 | Motions Referred to Peter A. Moore, Jr., Clerk of Court regarding #29 MOTION for Extension of Time to File Response as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, MOTION to Stay, MOTION to Compel Arbitration, #30 MOTION for Extension of Time to File Response as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Sellers, N.) |
| January 3, 2023 | Filing 32 Proposed Order regarding #27 First MOTION to Amend/Correct #1 Complaint filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| January 3, 2023 | Filing 31 Proposed Order regarding #29 MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay MOTION to Compel Arbitration (Crest Defendants) filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| January 3, 2023 | Notice to Counsel regarding: #29 Motion for Extension of Time to File Response, #27 Motion to Amend Complaint. Pursuant to Local Civil Rule 7.1(b)(3) and Section V(I)(3) of the CM/ECF Policy and Procedures Manual and Judge Dever's practice preferences, parties must file a proposed order with any non-dispositive motion. Please file a proposed order to the motions using the event 'Proposed Order' in the Responses and Replies category and link them back to the motions to which they correspond. (Sellers, N.) |
| January 3, 2023 | NOTICE OF CORRECTION regarding: #28 Motion to Amend/Correct. When filing a memorandum in support, please use the event 'Memorandum in Support' found in the 'Responses and Replies' category and link it to the motion to which it corresponds. In addition, please note that the Judge assigned to this case is Judge James C. Dever III. The case number on all filings should be 5:22-cv-413-D-BM. (Sellers, N.) |
| December 30, 2022 | Filing 30 MOTION for Extension of Time to File Response/Reply as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lanette B DeRose, Richard T DeRose. (Attachments: #1 Text of Proposed Order) (Sutton, Kerstin) |
| December 30, 2022 | Filing 29 MOTION for Extension of Time to File Response/Reply as to #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay MOTION to Compel Arbitration filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| December 30, 2022 | Filing 28 Memorandum in Support regarding #27 First MOTION to Amend/Correct #1 Complaint Memorandum filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) Modified on 1/3/2023 - terminated motion and clarified docket text. (Sellers, N.) |
| December 30, 2022 | Filing 27 First MOTION to Amend/Correct #1 Complaint filed by Lanette B DeRose, Richard T DeRose. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Amendment Edits) (Sutton, Kerstin) |
| December 26, 2022 | Filing 26 RESPONSE in Opposition regarding #20 MOTION to Dismiss DoorDash, Inc.'s Rule 12(b)(6) Motion to Dismiss and Rule 12(f) Motion to Strike filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
| December 17, 2022 | Filing 25 Financial Disclosure Statement by City of Raleigh (Choi, Hunt) |
| December 17, 2022 | Filing 24 Notice of Appearance filed by Hunt K. Choi on behalf of City of Raleigh. (Choi, Hunt) |
| December 17, 2022 | Filing 23 Memorandum in Support regarding #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Raleigh. (Choi, Hunt) |
| December 16, 2022 | Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by City of Raleigh. (Attachments: #1 Exhibit a, #2 Exhibit b, #3 Exhibit c, #4 Exhibit d, #5 Exhibit e, #6 Errata Ex. F - Flood v Crews (unpublished), #7 Exhibit Ex. G - Pryor v City of Raleigh (unpublished)) (Choi, Hunt) |
| December 9, 2022 | Filing 21 Memorandum in Support regarding #20 MOTION to Dismiss DoorDash, Inc.'s Rule 12(b)(6) Motion to Dismiss and Rule 12(f) Motion to Strike filed by DoorDash, Inc.. (Edwards, Gary) |
| December 9, 2022 | Filing 20 MOTION to Dismiss DoorDash, Inc.'s Rule 12(b)(6) Motion to Dismiss and Rule 12(f) Motion to Strike filed by DoorDash, Inc.. (Edwards, Gary) |
| December 9, 2022 | Filing 19 Memorandum in Support regarding #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction MOTION to Stay MOTION to Compel Arbitration filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Attachments: #1 Exhibit A, #2 Exhibit B) (Fothergill, David) |
| December 9, 2022 | Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Stay , MOTION to Compel Arbitration filed by Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| October 25, 2022 | Filing 17 Waiver of Service Returned Executed filed by Richard T DeRose, Lanette B DeRose. DoorDash, Inc. waiver sent on 10/10/2022, answer due 12/9/2022. (Sutton, Kerstin) |
| October 21, 2022 | 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. (Mann, Stephanie) |
| October 18, 2022 | Filing 16 Waiver of Service Returned Executed filed by Richard T DeRose, Lanette B DeRose. City of Raleigh waiver sent on 10/10/2022, answer due 12/9/2022. (Sutton, Kerstin) |
| October 13, 2022 | Filing 15 Waiver of Service Returned Executed filed by Stacey Lee Stephens. Stacey Lee Stephens waiver sent on 10/10/2022, answer due 12/9/2022. (Fothergill, David) |
| October 13, 2022 | Filing 14 Waiver of Service Returned Executed filed by Timothy W Stephens. Timothy W Stephens waiver sent on 10/10/2022, answer due 12/9/2022. (Fothergill, David) |
| October 13, 2022 | Filing 13 Waiver of Service Returned Executed filed by Centennial Land Company. Centennial Land Company waiver sent on 10/10/2022, answer due 12/9/2022. (Fothergill, David) |
| October 13, 2022 | Filing 12 Waiver of Service Returned Executed filed by Beaver Creek Land Holdings, LLC. Beaver Creek Land Holdings, LLC waiver sent on 10/10/2022, answer due 12/9/2022. (Fothergill, David) |
| October 13, 2022 | Filing 11 Notice of Appearance filed by David Michael Fothergill on behalf of Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Fothergill, David) |
| October 13, 2022 | Filing 10 Financial Disclosure Statement by Centennial Land Company (Gallagher, Skylar) |
| October 13, 2022 | Filing 9 Financial Disclosure Statement by Beaver Creek Land Holdings, LLC (Gallagher, Skylar) |
| October 13, 2022 | Filing 8 Notice of Appearance filed by Skylar Gallagher on behalf of Beaver Creek Land Holdings, LLC, Centennial Land Company, Stacey Lee Stephens, Timothy W Stephens. (Gallagher, Skylar) |
| October 11, 2022 | Filing 7 Summons Issued as to Beaver Creek Land Holdings, LLC, Centennial Land Company, City of Raleigh, DoorDash, Inc., Stacey Lee Stephens, Timothy W Stephens. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| October 10, 2022 | Filing 6 Notice filed by Lanette B DeRose, Richard T DeRose regarding #1 Complaint Proposed Summons. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons) (Sutton, Kerstin) |
| October 10, 2022 | Filing 5 Notice filed by Lanette B DeRose, Richard T DeRose regarding #1 Complaint JS44 Civil Cover Sheet. (Attachments: #1 Civil Cover Sheet Attorney List) (Sutton, Kerstin) |
| October 10, 2022 | Filing 4 Financial Disclosure Statement by Richard T DeRose (Sutton, Kerstin) |
| October 10, 2022 | Filing 3 Financial Disclosure Statement by Lanette B DeRose (Sutton, Kerstin) |
| October 10, 2022 | Filing 2 Notice of Appearance filed by Kerstin Walker Sutton on behalf of All Plaintiffs. (Sutton, Kerstin) |
| October 10, 2022 | Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ANCEDC-6767670.), filed by Lanette B DeRose, Richard T DeRose. (Sutton, Kerstin) |
