Hamby v. Pirates Cove Development Company, LLC et al
| North Carolina Eastern District Court | |
| Judge: | Louise Wood Flanagan |
| Case #: | 7:24-cv-01046 |
| Nature of Suit | 190 Contract - Other Contract |
| Cause | 28:1332 Diversity-Other Contract |
| Case Filed: | Nov 07, 2024 |
| Last checked: Sunday Dec 22, 2024 7:10 AM EST |
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Counter Claimant
American Land Holdings, LLC
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Represented By
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Counter Claimant
C. Dice Hammer
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Represented By
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Counter Claimant
Lake Ridge Development Company, LLC
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Represented By
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Counter Claimant
Pirates Cove Development Company, LLC
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Represented By
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Counter Claimant
Preserve at Pickwick Development, LLC
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Represented By
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Counter Defendant
Charles Bryan Hamby
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Represented By
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Defendant
American Land Holdings, LLC
100 N. Tryon Street Suite 4700
Charlotte, NC 28202 |
Represented By
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Defendant
C. Dice Hammer
100 N. Tryon Street Suite 4700
Charlotte, NC 28202 |
Represented By
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Defendant
Lake Ridge Development Company, LLC
100 N. Tryon Street Suite 4700
Charlotte, NC 28202 |
Represented By
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Defendant
Pirates Cove Development Company, LLC
100 N. Tryon Street Suite 4700
Charlotte, NC 28202 |
Represented By
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Defendant
Preserve at Pickwick Development, LLC
100 N. Tryon Street Suite 4700
Charlotte, NC 28202 |
Represented By
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Plaintiff
Charles Bryan Hamby
Shipman & Wright, LLP 575 Military Cutoff Road #106
Wilmington, NC 28405 |
Represented By
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| Docket last updated: 01/26/2025 11:59 PM EST |
| Friday, January 17, 2025 | ||
| 25 | 25
notice
Notice of Appearance
Fri 01/17 2:42 PM
Notice of Appearance filed by James T. Moore on behalf of Charles Bryan Hamby. (Moore, James) |
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| 24 | 24
30+
pgs
respoth
Memorandum in Opposition
Fri 01/17 2:21 PM
Memorandum in Opposition regarding17 Memorandum in Support, filed by Charles Bryan Hamby. (Harvey, Thomas) |
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Att: 1
Exhibit Ex. A - Affidavit of Charles Bryan Hamby
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| Friday, January 03, 2025 | ||
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order
Order on Motion for Extension of Time to Answer Order on Motion for Extension of Time to File Response/Reply
Fri 01/03 4:08 PM
TEXT ORDER granting Plaintiff's Motion for Extension of Time 21 . For good cause shown, it is ordered that Plaintiff has up to and including 1/27/2025 within which answer or otherwise respond to the Counterclaims 19 and up to and and including 1/20/2025 within which to respond to the Motion to Dismiss 16 . Signed by Peter A. Moore, Jr., Clerk of Court on 1/3/2025. (Hockaday, A.) |
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| Thursday, January 02, 2025 | ||
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2
pgs
order
Order on Motion for Extension of Time to File
Thu 01/02 5:03 PM
ORDER granting 22 Consent MOTION for Extension of Time to File Rule 26(f) Conference and Report. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 1/2/2025. (Collins, S) |
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utility
Motion Referred to Clerk
Thu 01/02 4:49 PM
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding21 MOTION for Extension of Time to File Answer regarding16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction ,19 Answer to Complaint,,, Counterclaim,, MOTION for Extension of Time to File Response/Reply as to16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction ,19 Answer to Complaint, Counterclaim. Motions referred to Peter A. Moore, Jr., Clerk of Court. (Collins, S) |
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utility
Motion Submitted
Thu 01/02 4:51 PM
Motion Submitted to District Judge Louise Wood Flanagan regarding22 Consent MOTION for Extension of Time to File Rule 26(f) Conference and Report . (Collins, S) |
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| Monday, December 30, 2024 | ||
| 22 | 22
motion
Extension of Time to File Document
Mon 12/30 5:17 PM
Consent MOTION for Extension of Time to File Rule 26(f) Conference and Report filed by Pirates Cove Development Company, LLC, American Land Holdings, LLC, Preserve at Pickwick Development, LLC, Lake Ridge Development Company, LLC, C. Dice Hammer. (Sheridan, Sarah) |
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Att: 1
Text of Proposed Order Consent Proposed Order
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| 21 | 21
motion
Extension of Time to File Answer Extension of Time to File Response/Reply
Mon 12/30 4:15 PM
MOTION for Extension of Time to File Answer regarding16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction ,19 Answer to Complaint,,, Counterclaim,, , MOTION for Extension of Time to File Response/Reply as to16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction ,19 Answer to Complaint,,, Counterclaim,, filed by Charles Bryan Hamby. (Harvey, Thomas) |
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Att: 1
Text of Proposed Order Proposed Order
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| Thursday, December 19, 2024 | ||
| 20 | 20
7
pgs
order
Order ~Util - Set Deadlines
Thu 12/19 10:53 AM
INITIAL ORDER REGARDING PLANNING AND SCHEDULING - Joint Report and Plan due by 1/23/25. Counsel should read attached order in its entirety for critical information and deadlines. Signed by District Judge Louise Wood Flanagan on 12/19/24. (Collins, S) |
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| Monday, December 16, 2024 | ||
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answer
Answer to Complaint Counterclaim
Mon 12/16 4:51 PM
VERIFIED ANSWER to Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by C. Dice Hammer, Preserve at Pickwick Development, LLC, American Land Holdings, LLC, Pirates Cove Development Company, LLC, Lake Ridge Development Company, LLC. (Sheridan, Sarah) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit 1 - Termination Letter,
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Att: 3
Exhibit 2 - Pirates Cove Operating Agreement,
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Att: 4
Exhibit 3 - Invoice
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| 18 | 18
answer
Answer to Complaint (Notice of Removal) Counterclaim
Mon 12/16 3:55 PM
VERIFIED ANSWER to Complaint , Affirmative Defenses , COUNTERCLAIM against All Defendants by C. Dice Hammer, Preserve at Pickwick Development, LLC, American Land Holdings, LLC, Pirates Cove Development Company, LLC, Lake Ridge Development Company, LLC. (Sheridan, Sarah) |
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Att: 1
Index of Exhibits,
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Att: 2
Exhibit 1 - Termination Letter,
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Att: 3
Exhibit 2 - Pirates Cove Operating Agreement,
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Att: 4
Exhibit 3 - Invoice
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| 17 | 17
22
pgs
respoth
Memorandum in Support
Mon 12/16 3:37 PM
Memorandum in Support regarding16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Pirates Cove Development Company, LLC, American Land Holdings, LLC, Preserve at Pickwick Development, LLC, Lake Ridge Development Company, LLC, C. Dice Hammer. (Sheridan, Sarah) |
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| 16 | 16
motion
Dismiss for Failure to State a Claim Dismiss/Lack of Jurisdiction
Mon 12/16 3:36 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by Pirates Cove Development Company, LLC, American Land Holdings, LLC, Preserve at Pickwick Development, LLC, Lake Ridge Development Company, LLC, C. Dice Hammer. (Sheridan, Sarah) |
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| Tuesday, November 12, 2024 | ||
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order
Order on Motion for Extension of Time to Answer
Tue 11/12 1:16 PM
TEXT ORDER granting Defendants' Motion for Extension of Time 10 . For good cause shown, it is ordered that Defendants have up to and including December 16, 2024, within which to answer or otherwise respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 11/12/2024. (Hockaday, A.) |
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| Friday, November 08, 2024 | ||
| 15 | 15
notice
Notice of Removal
Fri 11/08 4:04 PM
NOTICE OF REMOVAL by Pirates Cove Development Company, LLC, American Land Holdings, LLC, Preserve at Pickwick Development, LLC, Lake Ridge Development Company, LLC, C. Dice Hammer from New Hanover County Superior Court, case number 24-CVS-003606. ( Filing fee $ 405 receipt number ANCEDC-7843066) (Carney, Emily) |
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Att: 1
Index Index of Exhibits to Notice of Removal,
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Att: 2
Exhibit Civil Cover Sheet,
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Att: 3
Exhibit Supplemental Removal Cover Sheet,
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Att: 4
Exhibit Complaint,
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Att: 5
Exhibit Acceptance of Service,
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Att: 6
Exhibit Notice of Filing Notice of Removal
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| 14 | 14
notice
Notice-other
Fri 11/08 3:13 PM
Notice regarding1 Notice of Removal. Notice to Counsel Regarding Removal of Case to Eastern District of North Carolina. (Collins, S) |
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| 13 | 13
misc
Financial Disclosure Statement
Fri 11/08 2:08 PM
Financial Disclosure Statement by Charles Bryan Hamby (Harvey, Thomas) |
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| 12 | 12
notice
Notice of Appearance
Fri 11/08 2:05 PM
Notice of Appearance filed by Thomas R. Harvey, III on behalf of Charles Bryan Hamby. (Harvey, Thomas) |
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| 11 | 11
notice
Notice of Appearance
Fri 11/08 2:02 PM
Notice of Appearance filed by Gary Keith Shipman on behalf of Charles Bryan Hamby. (Shipman, Gary) |
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| 10 | 10
motion
Extension of Time to File Answer
Fri 11/08 10:51 AM
MOTION for Extension of Time to File Answer filed by Pirates Cove Development Company, LLC, American Land Holdings, LLC, Preserve at Pickwick Development, LLC, Lake Ridge Development Company, LLC, C. Dice Hammer. (Carney, Emily) |
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Att: 1
Text of Proposed Order
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notice
Notice of Deficiency
Fri 11/08 3:14 PM
NOTICE OF DEFICIENCY regarding1 Notice of Removal. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and ProceduresManual (i.e., "Exhibit 1" is not a sufficient description). Additionally, when filing a document with more than five exhibits, the first attached exhibit must be an index of all of the subsequent attached documents. Counsel is directed torefile. (Collins, S) |
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utility
Motion Referred to Clerk
Fri 11/08 3:21 PM
Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding10 MOTION for Extension of Time to File Answer. (Collins, S) |
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utility
Case Selected for Mediation
Fri 11/08 3:28 PM
Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina and the Selection of Mediator form are available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S) |
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| Thursday, November 07, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Thu 11/07 4:15 PM
Notice of Appearance filed by Sarah Anne Sheridan on behalf of Pirates Cove Development Company, LLC, American Land Holdings, LLC, Preserve at Pickwick Development, LLC, Lake Ridge Development Company, LLC, C. Dice Hammer. (Sheridan, Sarah) |
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| 8 | 8
notice
Notice of Appearance
Thu 11/07 4:12 PM
Notice of Appearance filed by Anthony Terrell Lathrop on behalf of Pirates Cove Development Company, LLC, American Land Holdings, LLC, Preserve at Pickwick Development, LLC, Lake Ridge Development Company, LLC, C. Dice Hammer. (Lathrop, Anthony) |
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| 7 | 7
notice
Notice of Appearance
Thu 11/07 4:10 PM
Notice of Appearance filed by Emily Carney on behalf of Pirates Cove Development Company, LLC, American Land Holdings, LLC, Preserve at Pickwick Development, LLC, Lake Ridge Development Company, LLC, C. Dice Hammer. (Carney, Emily) |
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| 6 | 6
misc
Financial Disclosure Statement
Thu 11/07 4:06 PM
Financial Disclosure Statement by Pirates Cove Development Company, LLC identifying Corporate Parent American Land Holdings, LLC for Pirates Cove Development Company, LLC. (Carney, Emily) |
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| 5 | 5
misc
Financial Disclosure Statement
Thu 11/07 4:04 PM
Financial Disclosure Statement by Preserve at Pickwick Development, LLC identifying Corporate Parent American Land Holdings, LLC for Preserve at Pickwick Development, LLC. (Carney, Emily) |
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| 4 | 4
misc
Financial Disclosure Statement
Thu 11/07 4:01 PM
Financial Disclosure Statement by Lake Ridge Development Company, LLC identifying Corporate Parent American Land Holdings Inc. for Lake Ridge Development Company, LLC. (Carney, Emily) |
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| 3 | 3
misc
Financial Disclosure Statement
Thu 11/07 3:58 PM
Financial Disclosure Statement by C. Dice Hammer (Carney, Emily) |
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| 2 | 2
misc
Financial Disclosure Statement
Thu 11/07 3:56 PM
Financial Disclosure Statement by American Land Holdings, LLC (Carney, Emily) |
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| 1 | 1
notice
Notice of Removal
Thu 11/07 3:42 PM
NOTICE OF REMOVAL by C. Dice Hammer, Preserve at Pickwick Development, LLC, American Land Holdings, LLC, Pirates Cove Development Company, LLC, Lake Ridge Development Company, LLC from New Hanover County Superior Court, case number 24-CVS-003606. ( Filing fee $ 405 receipt number ANCEDC-7843066), filed by C. Dice Hammer, Preserve at Pickwick Development, LLC, American Land Holdings, LLC, Pirates Cove Development Company, LLC, Lake Ridge Development Company, LLC. (Carney, Emily) |
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Att: 1
Index Index of Exhibits,
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Att: 2
Exhibit Exhibit 1,
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Att: 3
Exhibit Exhibit 2,
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Att: 4
Exhibit Exhibit 3,
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Att: 5
Exhibit Exhibit 4,
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Att: 6
Exhibit Exhibit 5
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