North Carolina Western District Court
Judge:Frank D Whitney
Referred: David Keesler
Case #: 3:24-cv-00575
Nature of Suit150 Contract - Recovery of Overpayment & Enforcement of Judgment
Cause42:1981 Civil Rights
Case Filed:Jun 19, 2024
Last checked: Saturday Aug 03, 2024 6:44 AM EDT
Defendant
Ames Construction, Inc.
Represented By
James Claiborne King
Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP
contact info
J. Mitchell Armbruster
Smith Anderson Law Firm
contact info
Zebulon Dyer Anderson
Smith Anderson
contact info
Defendant
North Carolina Department of Transportation
Represented By
Thomas Henry Moore
Nc Department Of Justice
contact info
Plaintiff
Shiron Vick
Represented By
Nicholas J Sanservino, Jr
Edwards Beightol
contact info
Plaintiff
Vick Companies, LLC
Represented By
Nicholas J Sanservino, Jr
Edwards Beightol
contact info


Docket last updated: 09/30/2024 11:59 PM EDT
Wednesday, September 18, 2024
21 21 2 pgs order Order on Motion for Extension of Time Wed 09/18 12:36 PM
ORDER granting Defendant NC Department of Transportation's 20 Motion for Extension of Time to Answer re: [ 17 Amended Complaint. North Carolina Department of Transportation answer due 10/15/2024. Signed by US Magistrate Judge David Keesler on 9/18/24. (mga)
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20 20 motion Extension of Time Wed 09/18 11:27 AM
MOTION for Extension of Time to Answer re:17 Amended Complaint, by North Carolina Department of Transportation. (Moore, Thomas)
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Att: 1 Proposed Order Extension Time to Respond
Tuesday, September 17, 2024
19 19 2 pgs order Order on Motion for Extension of Time Tue 09/17 5:14 PM
ORDER granting Defendant Ames Construction, Inc.'s 18 Consent Motion for Extension of Time to Answer re: 17 Amended Complaint. Ames Construction, Inc. answer due 10/15/2024. Signed by US Magistrate Judge David Keesler on 9/17/24. (mga)
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18 18 motion Extension of Time Tue 09/17 4:25 PM
Consent MOTION for Extension of Time to Answer re:17 Amended Complaint, by Ames Construction, Inc.. (King, James)
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Att: 1 Proposed Order
Monday, September 09, 2024
17 17 cmp Amended Complaint Mon 09/09 11:18 AM
AMENDED COMPLAINT First Amended Complaint with Jury Demand against Ames Construction, Inc., North Carolina Department of Transportation, filed by Shiron Vick, Vick Companies, LLC.(Sanservino, Nicholas)
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Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Exhibit,
Att: 4 Exhibit,
Att: 5 Exhibit
Monday, August 19, 2024
16 16 1 pgs order Order on Motion for Extension of Time Mon 08/19 3:04 PM
ORDER granting Plaintiff's 15 Consent Motion for Extension of Time to file Amended Complaint or Otherwise Respond to Defendants' Respective Motions to Dismiss. Plaintiffs shall file responses to Defendants' pending motions to dismiss (Document Nos. 11 and 14), or an Amended Complaint, on or before September 9, 2024. Signed by US Magistrate Judge David Keesler on 8/19/24. (mga)
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utility Set/Reset Deadlines Mon 08/19 3:07 PM
Set/Reset Deadlines: Amended Complaint due by 9/9/2024. (mga)
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Friday, August 16, 2024
15 15 motion Extension of Time Fri 08/16 4:07 PM
CONSENT MOTION for Extension of Time to File Response/Reply re:11 MOTION to Dismiss for Failure to State a Claim ,14 MOTION to Dismiss for Failure to State a Claim by Shiron Vick, Vick Companies, LLC. (Sanservino, Nicholas). Motions referred to David Keesler. Modified Text on 8/16/2024 (llp)
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Att: 1 Proposed Order
Monday, August 12, 2024
14 14 motion Dismiss/Failure to State a Claim Mon 08/12 11:28 AM
MOTION to Dismiss for Failure to State a Claim by North Carolina Department of Transportation. Responses due by 8/26/2024 (Moore, Thomas)
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Att: 1 Memorandum In Support of Motion to Dismiss
Thursday, August 08, 2024
13 13 answer Answer to Complaint Thu 08/08 4:54 PM
ANSWER to1 Complaint, by Ames Construction, Inc..(Anderson, Zebulon)
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12 12 22 pgs respm Memorandum in Support of Motion Thu 08/08 4:52 PM
MEMORANDUM in Support re11 MOTION to Dismiss for Failure to State a Claim by Ames Construction, Inc.. (Anderson, Zebulon)
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11 11 motion Dismiss/Failure to State a Claim Thu 08/08 4:50 PM
MOTION to Dismiss for Failure to State a Claim by Ames Construction, Inc.. Responses due by 8/22/2024 (Anderson, Zebulon)
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Thursday, July 25, 2024
10 10 notice Notice of Appearance Thu 07/25 2:44 PM
NOTICE of Appearance by Thomas Henry Moore on behalf of North Carolina Department of Transportation (Moore, Thomas)
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9 9 service Waiver of Service Executed Thu 07/25 12:33 PM
WAIVER OF SERVICE Returned Executed by Shiron Vick, Vick Companies, LLC. North Carolina Department of Transportation waiver sent on 6/19/2024, answer due 8/19/2024. (Sanservino, Nicholas)
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Friday, July 12, 2024
8 8 2 pgs order Order on Motion for Extension of Time Fri 07/12 2:17 PM
ORDER granting Defendant's 7 Consent Motion for Extension of Time to Answer re: 1 Complaint. Ames Construction, Inc. answer due 8/8/2024. Signed by US Magistrate Judge David Keesler on 7/12/24. (mga)
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7 7 motion Extension of Time Fri 07/12 11:09 AM
Consent MOTION for Extension of Time to Answer re:1 Complaint, by Ames Construction, Inc.. (Anderson, Zebulon)
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Att: 1 Proposed Order
6 6 misc Corporate Disclosure Statement Fri 07/12 11:08 AM
Corporate Disclosure Statement by Ames Construction, Inc.. (Anderson, Zebulon)
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5 5 notice Notice of Appearance Fri 07/12 11:07 AM
NOTICE of Appearance by Zebulon Dyer Anderson on behalf of Ames Construction, Inc. (Anderson, Zebulon)
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4 4 notice Notice of Appearance Fri 07/12 11:05 AM
NOTICE of Appearance by J. Mitchell Armbruster on behalf of Ames Construction, Inc. (Armbruster, J.)
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3 3 notice Notice of Appearance Fri 07/12 11:04 AM
NOTICE of Appearance by James Claiborne King on behalf of Ames Construction, Inc. (King, James)
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Friday, June 21, 2024
2 2 service Summons Issued Fri 06/21 7:56 AM
Summons Issued Electronically as to Ames Construction, Inc., North Carolina Department of Transportation. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (llp)
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Thursday, June 20, 2024
utility Case Assigned/Reassigned Thu 06/20 10:23 AM
Case assigned to District Judge Frank D. Whitney 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. (llp)
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utility Initial Scheduling Order Entry - Judge Whitney Thu 06/20 10:34 AM
Clerk's Entry and Service of[LINK:Initial Scheduling Order] and[LINK:Certificate of Initial Attorney FRCP 26(f) Conference Form] pursuant to the Standing Order Governing Civil Case Management before the Honorable Frank D. Whitney (3:07-mc-47 (Doc. No. 2)). The parties are directed to click on the link above to retrieve the Order. (llp)
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Wednesday, June 19, 2024
1 1 cmp Complaint Wed 06/19 8:36 PM
COMPLAINT against All Plaintiffs with Jury Demand ( Filing fee $ 405 receipt number ANCWDC-6562930), filed by Shiron Vick, Vick Industries, LLC.(Sanservino, Nicholas)
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Att: 1 Exhibit Exhibit A,
Att: 2 Exhibit Exhibit B,
Att: 3 Exhibit Exhibit C