Plasman v. Decca Furniture (USA) Inc., 070716 NCSUP, 12 CVS 2832

Docket Nº:12 CVS 2832
Opinion Judge:Louis A. Bledsoe, III Special Superior Court Judge.
Party Name:CHRISTIAN G. PLASMAN, in his individual capacity and derivatively for the benefit of, on behalf of and right of nominal party BOLIER & COMPANY, LLC, Plaintiff, v. DECCA FURNITURE (USA), INC., DECCA CONTRACT FURNITURE, LLC, RICHARD HERBST, WAI THENG TIN, TSANG C. HUNG, DECCA FURNITURE, LTD., DECCA HOSPITALITY FURNISHINGS, LLC, DONGGUAN DECCA FUR...
Attorney:Law Offices of Matthew K. Rogers, PLLC, by Matthew K. Rogers, for Plaintiff Christian G. Plasman, and Third-Party Defendant Christian J. Plasman a/k/a Barrett Plasman. McGuireWoods LLP, by Robert A. Muckenfuss, Jodie H. Lawson, Andrew D. Atkins, and Elizabeth Zwickert Timmermans, for Defendants D...
Case Date:July 07, 2016
Court:Superior Courts of Law and Equity of North Carolina
 
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2016 NCBC 48

CHRISTIAN G. PLASMAN, in his individual capacity and derivatively for the benefit of, on behalf of and right of nominal party BOLIER & COMPANY, LLC, Plaintiff,

v.

DECCA FURNITURE (USA), INC., DECCA CONTRACT FURNITURE, LLC, RICHARD HERBST, WAI THENG TIN, TSANG C. HUNG, DECCA FURNITURE, LTD., DECCA HOSPITALITY FURNISHINGS, LLC, DONGGUAN DECCA FURNITURE CO. LTD., DARREN HUDGINS, DECCA HOME, LLC, and ELAN BY DECCA, LLC, Defendants,

and

BOLIER & COMPANY, LLC, Nominal Defendant,

v.

CHRISTIAN J. PLASMAN a/k/a BARRETT PLASMAN, Third-Party Defendant.

No. 12 CVS 2832

Superior Court of North Carolina, Cawba

July 7, 2016

Law Offices of Matthew K. Rogers, PLLC, by Matthew K. Rogers, for Plaintiff Christian G. Plasman, and Third-Party Defendant Christian J. Plasman a/k/a Barrett Plasman.

McGuireWoods LLP, by Robert A. Muckenfuss, Jodie H. Lawson, Andrew D. Atkins, and Elizabeth Zwickert Timmermans, for Defendants Decca Furniture (USA), Inc., Decca Contract Furniture, LLC, Richard Herbst, Wai Theng Tin, Tsang C. Hung, Decca Furniture, Ltd., Decca Hospitality Furnishings, LLC, Dongguan Decca Furniture Co. Ltd., Darren Hudgins, Decca Home, LLC, Elan by Decca, LLC, and Nominal Defendant Bolier & Company, LLC.

ORDER ON DEFENDANTS' MOTION TO DISMISS PORTIONS OF APPEAL THAT ARE UNTIMELY

Louis A. Bledsoe, III Special Superior Court Judge.

{1} THIS MATTER is before the Court upon Defendants Decca Furniture (USA), Inc., Decca Contract Furniture, LLC, Decca Hospitality Furnishings, LLC, Decca Home, Elan by Decca, LLC, Richard Herbst, Darren Hudgins, Wai Theng Tin, and nominal defendant Bolier & Company, LLC's (collectively, "Defendants") Motion to Dismiss Portions of Appeal that Are Untimely (the "Motion") in the above-captioned case. Pursuant to Business Court Rule 15.4, the Court considers the Motion on the briefs, without hearing or oral argument. Having considered the Motion, the briefs in support of and in opposition to the Motion, and the matters of record reflected in the Court's docket, the Court GRANTS in part and DENIES in part the Motion as explained below.

I.

BACKGROUND AND PROCEDURAL HISTORY

{2} On February 26, 2016, the Court entered a civil contempt order (the "Contempt Order") finding Plaintiff Christian G. Plasman ("Plaintiff" or "Chris Plasman") and Third-Party Defendant Christian J. Plasman a/k/a Barrett Plasman ("Barrett Plasman") (together with Chris Plasman, the "Plasmans") in civil contempt of court for willfully violating this Court's May 26, 2015 Order and Opinion (the "May 26 Order").1 The Plasmans filed a Notice of Appeal on March 24, 2016, twenty-seven days after the Court entered the Contempt Order.

{3} The Plasmans' Notice of Appeal specifically seeks to appeal seven of the Court's orders: a. The February 4, 2015 Order and Notice of Hearing (the "February 4 Order");

b. The August 25, 2015 Order and Opinion on Stay Pending Appeal (the "August 25 Order");

c. The October 2, 2015 Amended Order and Opinion on Stay Pending Appeal (the "Order Amending the August 25 Order");

d. The October 26, 2015 Order and Opinion on the Plasmans' Motion to Clarify August 25, 2015 Order (the "Order Clarifying the August 25 Order");

e. The January 5, 2016 Show...

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