Gibbs v. Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick et al
| North Carolina Eastern District Court | |
| Judge: | Terrence W Boyle |
| Case #: | 2:16-cv-00073 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 42:1981 Civil Rights |
| Case Filed: | Oct 12, 2016 |
| Terminated: | Apr 28, 2017 |
| Last checked: Monday Apr 10, 2017 5:28 AM EDT |
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Defendant
Tony Beakes
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Represented By
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Defendant
Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick
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Represented By
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Defendant
Marc Hellman
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Represented By
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Plaintiff
Donald R Gibbs
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Represented By
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| Docket last updated: 04/04/2024 11:59 PM EDT |
| Friday, September 29, 2017 | ||
| 34 | 34
appeal
USCA Mandate
Fri 09/29 3:30 PM
MANDATE of US Court of Appeals (certified copy) as to30 Notice of Appeal filed by Donald R Gibbs - This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (Tripp, S.) |
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| 33 | 33
appeal
USCA Order
Fri 09/29 3:29 PM
ORDER of US Court of Appeals as to30 Notice of Appeal filed by Donald R Gibbs - Upon consideration of the stipulated motion to voluntarily dismiss, the court dismisses this appeal, upon such terms as have been agreed to by the parties, pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. (Tripp, S.) |
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| Wednesday, May 31, 2017 | ||
| 32 | 32
appeal
USCA Case Number
Wed 05/31 3:22 PM
US Court of Appeals Case Number 17-1681 (Anisha Walker, Case Manager) as to30 Notice of Appeal filed by Donald R Gibbs. (Tripp, S.) |
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| Tuesday, May 30, 2017 | ||
| 31 | 31
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Tue 05/30 3:32 PM
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals regarding30 Notice of Appeal. (Foell, S.) |
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| 30 | 30
appeal
Notice of Appeal -Final Judgment
Tue 05/30 1:08 PM
Notice of Appeal filed by Donald R Gibbs as to28 Order on Motion to Dismiss for Failure to State a Claim. Filing fee, receipt number 0417-4106504. (Angel, Kirk) |
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| Friday, April 28, 2017 | ||
| 29 | 29
order
Judgment
Fri 04/28 5:26 PM
JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED defendants motion to dismiss in favor of arbitration [DE 16] is GRANTED. This case is closed. Signed by deputy clerk for Peter A. Moore, Jr., Clerk of Court on 4/28/2017. (Stouch, L.) |
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| 28 | 28
order
Order on Motion to Dismiss for Failure to State a Claim
Fri 04/28 5:23 PM
ORDER granting16 Motion to Dismiss for Failure to State a Claim. Signed by US District Judge Terrence W. Boyle on 4/28/2017. (Stouch, L.) |
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| Tuesday, March 21, 2017 | ||
| 27 | 27
minutes
Motion Hearing
Tue 03/21 11:27 AM
Minute Entry for proceedings held in Raleigh, NC before District Judge Terrence W. Boyle: Motion Hearing held on 3/21/2017. Both parties present and ready to proceed. Written order will follow. (Court Reporter Michelle Maar) (Stouch, L.) |
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| Monday, March 20, 2017 | ||
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utility
Set/Reset Motion and M&R Hearings
Mon 03/20 11:03 AM
Reset Hearing as to16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STAY AND TO COMPEL ARBITRATION . Motion Hearing set for 3/21/2017 at 10:00 AM in Raleigh - 7th Floor - Courtroom 2 before US District Judge Terrence W. Boyle. (Stouch, L.) |
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| Tuesday, February 28, 2017 | ||
| 26 | 26
notice
Notice of Hearing on Motion
Tue 02/28 11:00 AM
NOTICE of Hearing on Motion16 MOTION TO DISMISS: Motion Hearing set for 3/21/2017 at 03:00 PM in Raleigh - 7th Floor - Courtroom 2 before US District Judge Terrence W. Boyle. (Stouch, L.) |
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| Friday, February 24, 2017 | ||
| 25 | 25
order
Order on Motion to Stay
Fri 02/24 12:51 PM
ORDER granting22 Motion to Stay Discovery until the Court resolves Defendant's motion to dismiss. Signed by District Judge Terrence W. Boyle on 2/23/2017. (Stouch, L.) |
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| Thursday, February 09, 2017 | ||
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utility
Motion Submitted
Thu 02/09 2:19 PM
Motion Submitted to US District Judge Terrence W. Boyle:16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STAY AND TO COMPEL ARBITRATION . (Stouch, L.) |
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| Friday, January 20, 2017 | ||
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utility
Motion Submitted
Fri 01/20 12:10 PM
Motion Submitted to US District Judge Terrence W. Boyle:22 Joint MOTION to Stay Discovery . (Stouch, L.) |
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| Tuesday, January 17, 2017 | ||
| 24 | 24
respoth
Memorandum in Opposition
Tue 01/17 5:02 PM
Memorandum in Opposition regarding16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STAY AND TO COMPEL ARBITRATION filed by Donald R Gibbs. (Angel, Kirk) |
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Att: 1
Exhibit A-Declaration of Donald Gibbs,
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Att: 2
Exhibit B-Unreported Case,
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Att: 3
Exhibit C-Unreported Case
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| 23 | 23
respm
Response in Opposition to Motion
Tue 01/17 4:59 PM
RESPONSE in Opposition regarding16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STAY AND TO COMPEL ARBITRATION filed by Donald R Gibbs. (Angel, Kirk) |
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| 22 | 22
motion
Stay
Tue 01/17 1:53 PM
Joint MOTION to Stay Discovery filed by Tony Beakes, Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick, Marc Hellman. (Sprain, Theresa) |
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Att: 1
Text of Proposed Order
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| Wednesday, December 28, 2016 | ||
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utility
Motion Referred to Clerk
Wed 12/28 12:09 PM
Motion referred to Julie Richards Johnston, Clerk of Court regarding:21 Consent MOTION for Extension of Time to File Response/Reply as to16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STAY AND TO COMPEL ARBITRATION . (Downing, L.) |
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order
Order on Motion for Extension of Time to File Response/Reply
Wed 12/28 1:49 PM
TEXT ORDER granting plaintiff's motion for extension of time21 . Plaintiff shall have up to and including January 17, 2017 to respond to the defendant's motion to dismiss or in the alternative, to stay and compel arbitration16 . Signed by Julie Richards Johnston, Clerk of Court on 12/28/2016. (Hockaday, A.) |
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| Tuesday, December 27, 2016 | ||
| 21 | 21
motion
Extension of Time to File Response/Reply
Tue 12/27 4:38 PM
Consent MOTION for Extension of Time to File Response/Reply as to16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STAY AND TO COMPEL ARBITRATION filed by Donald R Gibbs. (Angel, Kirk) |
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Att: 1
Text of Proposed Order Proposed Order
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| Wednesday, December 14, 2016 | ||
| 20 | 20
misc
Financial Disclosure Statement
Wed 12/14 1:31 PM
Financial Disclosure Statement by Marc Hellman (Sprain, Theresa) |
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| 19 | 19
misc
Financial Disclosure Statement
Wed 12/14 1:29 PM
Financial Disclosure Statement by Tony Beakes (Sprain, Theresa) |
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| 18 | 18
discov
Order for Discovery Plan
Wed 12/14 9:42 AM
ORDER FOR DISCOVERY PLAN sent to all parties. Signed by Julie Richards Johnston, Clerk of Court on 12/14/2016. (Stouch, L.) |
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notice
Notice to Counsel
Wed 12/14 9:28 AM
Notice to Counsel regarding:14 Financial Disclosure Statement. This appears to be a financial disclosure statement for only Cappo Management VII, Inc. A financial disclosure statement should be filed by both Tony Beakes and Marc Hellman. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerks office and on the courts website. (Stouch, L.) |
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| Tuesday, December 13, 2016 | ||
| 17 | 17
respoth
Memorandum in Support
Tue 12/13 3:27 PM
Memorandum in Support regarding16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STAY AND TO COMPEL ARBITRATION filed by Tony Beakes, Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick, Marc Hellman. (Sprain, Theresa) |
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Att: 1
Exhibit A - Affidavit,
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Att: 2
Exhibit B - Employment Application,
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Att: 3
Exhibit C - Arbitration Agreement
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| 16 | 16
motion
Dismiss for Failure to State a Claim
Tue 12/13 3:24 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, TO STAY AND TO COMPEL ARBITRATION filed by Tony Beakes, Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick, Marc Hellman. (Sprain, Theresa) |
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| 15 | 15
notice
Notice of Appearance
Tue 12/13 9:51 AM
Notice of Appearance filed by Rebecca C. Fleishman on behalf of Tony Beakes, Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick, Marc Hellman. (Fleishman, Rebecca) |
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| 14 | 14
misc
Financial Disclosure Statement
Tue 12/13 9:48 AM
Financial Disclosure Statement by Tony Beakes, Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick, Marc Hellman (Sprain, Theresa) |
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| 13 | 13
notice
Notice of Appearance
Tue 12/13 9:38 AM
Notice of Appearance filed by Theresa Marie Sprain on behalf of All Defendants. (Sprain, Theresa) |
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| Monday, November 28, 2016 | ||
| 12 | 12
service
Affidavit of Service
Mon 11/28 1:51 PM
Affidavit of Service for Summons filed by Donald R Gibbs served on Marc Hellman on 11/11/2016. (Angel, Kirk) |
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| 11 | 11
service
Affidavit of Service
Mon 11/28 1:50 PM
Affidavit of Service for Summons filed by Donald R Gibbs served on Tony Beakes on 11/12/2016. (Angel, Kirk) |
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| Wednesday, November 16, 2016 | ||
| 10 | 10
service
Waiver of Service Executed
Wed 11/16 3:43 PM
Waiver of Service Returned Executed filed by Donald R Gibbs. Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick waiver sent on 10/12/2016, answer due 12/11/2016. (Angel, Kirk) |
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| 9 | 9
service
Summons Issued
Wed 11/16 12:41 PM
Summons Issued as to Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick. Counsel is directed to print summons and effect service. (Stouch, L.) |
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| 8 | 8
notice
Notice-other
Wed 11/16 11:02 AM
Notice filed by Donald R Gibbs Proposed Summons . (Angel, Kirk) |
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| Thursday, October 13, 2016 | ||
| 7 | 7
service
Summons Issued
Thu 10/13 3:35 PM
Summonses Issued as to Tony Beakes and Marc Hellman. Counsel is directed to print summonses and effect service. (Stouch, L.) |
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utility
Case Selected for Mediation
Thu 10/13 1:50 PM
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. (Horton, B.) |
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| Wednesday, October 12, 2016 | ||
| 6 | 6
notice
Notice-other
Wed 10/12 2:07 PM
Notice filed by Donald R Gibbs Proposed Summons . (Angel, Kirk) |
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| 5 | 5
notice
Notice-other
Wed 10/12 2:06 PM
Notice filed by Donald R Gibbs Proposed Summons . (Angel, Kirk) |
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| 4 | 4
service
Request for Waiver of Service
Wed 10/12 2:04 PM
REQUEST FOR WAIVER of Service sent to Jeffrey E. Cappo on 10/12/2016 by Donald R Gibbs. (Angel, Kirk) |
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| 3 | 3
notice
Notice of Appearance
Wed 10/12 1:58 PM
Notice of Appearance filed by Kirk J. Angel on behalf of Donald R Gibbs. (Angel, Kirk) |
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| 2 | 2
misc
Financial Disclosure Statement
Wed 10/12 1:57 PM
Financial Disclosure Statement by Donald R Gibbs (Angel, Kirk) |
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| 1 | 1
cmp
Complaint
Wed 10/12 1:56 PM
COMPLAINT against Tony Beakes, Cappo Management VII, Inc., d/b/a OBX Chevrolet Buick, Marc Hellman ( Filing fee $ 400 receipt number 0417-3857944.), filed by Donald R Gibbs. (Angel, Kirk) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Exhibit A-EEOC Charge,
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Att: 3
Exhibit B-Position Statement,
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Att: 4
Exhibit C-NRTS
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