USCA Mandate re 15 Notice of Appeal: The judgment of this court, entered June 22, 2017, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (lgar, )
ORDER of USCA as to 15 Notice of Appeal, filed by AC167CD: The court denies the petition for rehearing and rehearing en banc. No judge requested a poll under Fed. R. App. P. 35 on the petition for rehearing en banc. (lgar, )
USCA Mandate re 15 Notice of Appeal: Under Fed. R. App. P. 41(d)(1), the timely filing of a petition for rehearing or rehearing en banc or the timely filing of a motion to stay the mandate stays the mandate until the court has ruled on the petition for rehearing or rehearing en banc or motion to stay. In accordance with Rule 41(d)(1), the mandate is stayed pending further order of this court. (lgar, )
USCA JUDGMENT as to 15 Notice of Appeal, filed by AC167CD: In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (lgar, )
Transmission of Notice of Appeal to US Court of Appeals re 15 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (lgar, )
NOTICE OF APPEAL as to 14 Order on Motion to Dismiss for Failure to State a Claim entitled "Memorandum in Support of Plaintiffs' Motion to Appeal the Judges MOtion to Dismiss the Plaintiffs Complaint" by AC167CD. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (jsmi, )
ORDER that the 3 Motion to Dismiss the Complaint is granted and the Complaint herein is dismissed with prejudice. It is further ORDERED that the facts and legal contentions are adequately presented in the materials before the Court and oral argument would not aid the decisional process. This Order may be appealed by the plaintiffs. Any appeal from this decision must be taken by filing a written notice of appeal with the Clerk of the Court within 30 days of the date of entry hereof. Signed by District Judge Robert E. Payne on 12/6/2016. (jsmi, )
ORDER GRANTING 11 Motion for Pro Se E-Noticing as to AC167CD. Signed by District Judge Robert E. Payne on 11/03/2016. (ccol, ). Regenerated NEF to Pro Se AC167CD or 3A4846B. Modified on 11/3/2016 (ccol, ).
MOTION by AC167CD. and B & M Hitech Electric entitled "Notice of Request for Oral Arguments on Motion to Deny the Motion by the Defendants to Dismiss the Plaintiffs' Case. (Attachment: # 1 Pro Se Certification Form). (sbea, )
Plaintiff's Rebuttal Brief filed by AC167CD. and B & M Hitech Electric re: 7 Rebuttal Brief. (Attachments: # 1 Exhibit A, # 2 Exhibit C, # 3 Exhibit C.1, # 4 Pro Se Certification Form). (sbea, )
Waiver of Oral Argument on 3 Motion to Dismiss by 4CFBD3B, 3A4846B, 811835E, S. B. Ballard Construction Company, T. K. Davis Construction Company, Tompkins Builders, Inc., Watson Electrical Construction Co., LLC (Wisegarver, Jaime) Modified docket text on 9/20/2016. (sbea, )
Rebuttal Brief re 3 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by 4CFBD3B, 3A4846B, 811835E, S. B. Ballard Construction Company, T. K. Davis Construction Company, Tompkins Builders, Inc., Watson Electrical Construction Co., LLC. (Wisegarver, Jaime)
RESPONSE filed by AC167CD. and B & M Hitech Electric re: 3 MOTION to Dismiss for Failure to State a Claim with Roseboro. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C.1). (sbea, ) (Additional attachment(s) added on 9/19/2016: # 5 Certification) (tjoh, ).
Memorandum in Support re 3 MOTION to Dismiss for Failure to State a Claim with Roseboro,. filed by 4CFBD3B, 3A4846B, 811835E, S. B. Ballard Construction Company, T. K. Davis Construction Company, Tompkins Builders, Inc., Watson Electrical Construction Co., LLC. (Wisegarver, Jaime)
MOTION to Dismiss for Failure to State a Claim with Roseboro,. by 4CFBD3B, 3A4846B, 811835E, S. B. Ballard Construction Company, T. K. Davis Construction Company, Tompkins Builders, Inc., Watson Electrical Construction Co., LLC. (Wisegarver, Jaime)
Summons Issued as to Tompkins Builders, Inc., S. B. Ballard Construction Company, T. K. Davis Construction Company, Watson Electrical Construction Co., LLC, 3A4846B, 811835E, and 4CFBD3B. Prepared Summons' were mailed to plaintiff. (sbea, )
COMPLAINT filed by AC167CD. and B & M Hitech Electric against Tompkins Builders, Inc., S. B. Ballard Construction Company, T. K. Davis Construction Company, Watson Electrical Construction Co., LLC, 3A4846B, 811835E, and 4CFBD3B, Filing Fee: $400.00, Receipt Number: 34683033785). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit C.1, # 5 Exhibit D, # 6 Exhibit E, # 7 Receipt). (sbea, ) (Clerk replaced complaint cover page with party service names on 7/21/2016). (Additional attachment added on 7/21/2016: # 8 Pro Se Certification Form). (sbea, ) Modified docket text on 7/21/2016. (sbea, )