Smith et al v. Chapman et al
Plaintiff: Douglas R. Smith, Mary Luczak-Smith, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Smith Clovis Capital Holdings, LLC, Clovis Capital Ventures, LLC and Smith and Sons Enterprises, LLC
Defendant: Avery Chapman, Taryn Hartnett, Chapman Legal Group doing business as Chapman Law Group, PLLC, DRS Family Holdings LLC, DRS 2011 FAMILY TRUST, Philip E Gaucher, Marcus Sowinski, Victor J. Cook and It's A Project, LLC
Petitioner: Brian Eberhard
Interested Party: Laboratory Equipment Holdings, LLC and Physicians Choice Laboratory Services, LLC
Counter Claimant: Chapman Legal Group
Case Number: 3:2014cv00238
Filed: May 8, 2014
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Mecklenburg
Presiding Judge: David S Cayer
Referring Judge: Max O Cogburn
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 18 U.S.C. § 1962 Racketeering (RICO) Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on September 11, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 11, 2015 Opinion or Order Filing 201 NOTICE of Voluntary Dismissal Without Prejudice by Chapman Legal Group, Avery Chapman, Taryn Hartnett (Hawkins, Scott)
September 8, 2015 Opinion or Order Filing 200 STIPULATION of Dismissal Joint with Prejudice by Chapman Legal Group, Avery Chapman, Taryn Hartnett (Hawkins, Scott)
September 3, 2015 Opinion or Order Filing 199 MEMORANDUM in Support re #198 MOTION for Protective Order or alternative MOTION for Extension of Time to Respond to Discovery Requests by Marcus Sowinski. (Reiss, Allan)
September 3, 2015 Opinion or Order Filing 198 MOTION for Protective Order or alternative ( Responses due by 9/21/2015), MOTION for Extension of Time to Respond to Discovery Requests by Marcus Sowinski. (Attachments: #1 Exhibit A, #2 Proposed Order)(Reiss, Allan). Motions referred to David S. Cayer.
September 1, 2015 Opinion or Order Filing 197 ORDER granting #196 Motion Extend Response and Reply CMO Deadlines, Plaintiffs Motion to Amend Case Management Plan (document #185) is extended to September 15, 2015, and Plaintiffs reply deadline is extended to September 22, 2015. Signed by Magistrate Judge David S. Cayer on 09/01/2015. (Pro se litigant served by US Mail.)(jlk)
August 31, 2015 Opinion or Order Filing 196 MOTION Motion to Extend Response and Reply CMO Deadlines re #185 MOTION to Amend/Correct Case Management Order, #45 Scheduling Order, by Chapman Legal Group, Avery Chapman, Taryn Hartnett. Responses due by 9/17/2015 (Hawkins, Scott)
August 31, 2015 Opinion or Order Filing 195 RESPONSE in Opposition re #185 MOTION to Amend/Correct Case Management Order by Marcus Sowinski. (Reiss, Allan)
August 31, 2015 Opinion or Order Filing 194 STIPULATION SECOND Joint Stipulation to Extend Deposition Deadline of Douglas R. Smith by Chapman Legal Group, Avery Chapman, Taryn Hartnett (Hawkins, Scott)
August 26, 2015 Opinion or Order Filing 193 ORDER that Defendants' Oral Motions (made at the July 15, 2015 hearing) to Withdraw the following Motions for Summary Judgment re #89 , #91 , #93 and #95 are granted without prejudice ; Defendants' Motion for Summary Judgment as to the RICO claims asserted against Defendant Taryn Hartnett #89 will be ruled on by separate Order; deferring ruling on #83 Motion for Sanctions ; deferring ruling on #122 Motion to Strike ; deferring ruling on #128 Memorandum and Recommendations. Signed by District Judge Max O. Cogburn, Jr on 8/26/2015. (Pro se litigant served by US Mail.)(eef)
August 26, 2015 Opinion or Order Filing 192 ORDER granting #89 Motion for Summary Judgment, and such claims are DISMISSED as to Defendant Hartnett. Signed by District Judge Max O. Cogburn, Jr on 8/26/2015. (Pro se litigant served by US Mail.)(eef)
August 24, 2015 Opinion or Order Filing 191 REPLY to Response to Motion re #150 MOTION to Dismiss Amended Answer, Affirmative Defenses and Counterclaims of Defendant TARYN E. HARTNETT by Marcus Sowinski. (Reiss, Allan)
August 24, 2015 Opinion or Order Filing 190 SEALED TRANSCRIPT (Sealed - Court) for proceedings held on 7/15/2015 before Judge Cogburn. (Reporter: Jill Turner, 704-350-7495)
August 21, 2015 Opinion or Order Filing 189 ORDER approving #187 the parties Joint Stipulation to Extend Deposition Deadline of Douglas R. Smith. It is further ordered that, as stipulated by the parties, if settlement conversations prove unsuccessful, that Plaintiff John R. Smith will complete his deposition by no later that September 1, 2015.. Signed by District Judge Max O. Cogburn, Jr on 8/21/15. (Pro se litigant served by US Mail.)(mga)
August 21, 2015 Opinion or Order Filing 188 TRANSCRIPT of Motion Hearing held on 7/15/2015 before Judge Max O. Cogburn, Jr. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 11/19/2015. (Reporter: Jill Turner, 704-350-7495)
August 21, 2015 Opinion or Order Filing 187 STIPULATION re Motion Hearing,,, Joint Stipulation to Extend Deposition Deadline of Douglas R. Smith by Chapman Legal Group, Clovis Capital Ventures, LLC, Avery Chapman, DRS 2011 FAMILY TRUST(DRS 2011 FAMILY TRUST), Fortis Capital Holdings, LLC, Taryn Hartnett, Mary Luczak-Smith, Douglas R. Smith, Smith Clovis Capital Holdings, LLC (Hawkins, Scott)
August 20, 2015 Opinion or Order Filing 186 Exhibit by Marcus Sowinski. Exhibit to #150 Motion to Dismiss Amended Answer, Affirmative Defenses and Counterclaims of Defendant TARYN E. HARTNETT CORRECTED INDEX (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Reiss, Allan)
August 14, 2015 Opinion or Order Filing 185 MOTION to Amend/Correct Case Management Order by Mary Luczak-Smith, Douglas R. Smith. Responses due by 8/31/2015 (Schulz, Jonathan). Motions referred to David S. Cayer.
August 10, 2015 Opinion or Order Filing 184 RESPONSE to Motion re #150 MOTION to Dismiss Amended Answer, Affirmative Defenses and Counterclaims of Defendant TARYN E. HARTNETT DE100 by Taryn Hartnett. Replies due by 8/20/2015 (Attachments: #1 Exhibit A)(Hawkins, Scott)
August 10, 2015 Opinion or Order Filing 183 REPLY to Response to Motion re #163 MOTION to Dismiss the Corrected Amended Counterclaims of Defendant Taryn E. Hartnett by Philip E Gaucher(Philip E. Gaucher). (Houti, Jennifer)
August 5, 2015 Opinion or Order Filing 182 ORDER denying as moot #143 Motion to Strike. Signed by District Judge Max O. Cogburn, Jr on 08/04/2015. (Pro se litigant served by US Mail.)(jlk)
July 30, 2015 Opinion or Order Filing 181 RESPONSE to Motion re #163 MOTION to Dismiss the Corrected Amended Counterclaims of Defendant Taryn E. Hartnett against Philip E. Gaucher by Taryn Hartnett. Replies due by 8/10/2015 (Hawkins, Scott)
July 30, 2015 Opinion or Order Filing 180 Clerk's ENTRY OF DEFAULT as to Victor J. Cook. Signed by Clerk, Frank G. Johns (chh)
July 28, 2015 Opinion or Order Filing 179 MOTION for Entry of Default as to Victor Cook by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Attachments: #1 Exhibit A)(Hawkins, Scott) Modified to correct event type on 7/30/2015 (chh).
July 27, 2015 Opinion or Order Filing 178 REPLY to Response to Motion re #156 MOTION to Strike #141 Affidavit, Supplemental of Douglas Smith by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Hawkins, Scott)
July 20, 2015 Opinion or Order Filing 177 ORDER granting 4 Motion to Consolidate Cases for Discovery, Trial. All further pleadings to be electronically filed to: 3:14-cv-238 only. Member Case: 3:15-cv-262 to be administratively closed. Signed by District Judge Max O. Cogburn, Jr on 07/17/2015. (Pro se litigant served by US Mail.)(jlk)
July 20, 2015 Opinion or Order Filing 175 ORDER granting #165 Motion to Extend Response and Reply Deadlines re #150 MOTION to Dismiss Amended Answer, Affirmative Defenses and Counterclaims of Defendant TARYN E. HARTNETT and proposed Order; Defendants/Counterclaim Plaintiffs shall be allowed up to and inclusive of August 10, 2015 to file a Response to Counterclaim Defendant Sowinksis Motion to Dismiss; and Counterclaim Defendant Sowinski shall be allowed up to and inclusive of August 24, 2015 to file a Reply. Signed by District Judge Max O. Cogburn, Jr on 07/17/2015. (Pro se litigant served by US Mail.)(jlk)
July 16, 2015 Opinion or Order Filing 174 RESPONSE in Opposition re #156 MOTION to Strike #141 Affidavit, Supplemental by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 7/27/2015 (Schulz, Jonathan)
July 15, 2015 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. Re #89 MOTION for Summary Judgment , #83 MOTION for Sanctions and Contempt of Douglas R Smith, #122 MOTION to Strike #116 Affidavit in Opposition to Motion,, , #91 MOTION for Summary Judgment on Counterclaims, #128 MEMORANDUM AND RECOMMENDATIONS on #83 MOTION for Sanctions and Contempt of Douglas R Smith filed by Chapman Legal Group, Avery Chapman, Taryn Hartnett, #93 MOTION for Summary Judgment , #95 MOTION for Summary Judgment on Counterclaims. Motions taken under advisement, order to issue. Plaintiffs attorney: William Terpening, James Smith. Defendants attorney: Scott Hawkins, Taryn Hartnett, Jason McGrath. Court reporter: Jill Turner. (chh)
July 14, 2015 Opinion or Order Filing 173 AFFIDAVIT re #131 Summons Reissued Affidavit of Non Service dated 071315 by Chapman Legal Group, Avery Chapman, Taryn Hartnett (Hawkins, Scott)
July 14, 2015 Opinion or Order Filing 172 AFFIDAVIT re #131 Summons Reissued Affidavit of Non Service dated 062315 by Chapman Legal Group, Avery Chapman, Taryn Hartnett (Hawkins, Scott)
July 13, 2015 Opinion or Order Filing 171 NOTICE by Chapman Legal Group, Avery Chapman, Taryn Hartnett of Filing per Local Civil Rule 26.2 depo transcript 30b6 Hartnett (Attachments: #1 Exhibit A)(Hawkins, Scott)
July 13, 2015 Opinion or Order Filing 170 REPLY to Objection to #128 Memorandum and Recommendations by Plaintiffs re Contemp of Douglas Smith by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, Scott)
July 13, 2015 Opinion or Order Filing 169 NOTICE by Chapman Legal Group, Avery Chapman, Taryn Hartnett of filing deposition transcript per Local Civil Rule 26.2 and Court Ordered Hearing July 15 2015 (Attachments: #1 Exhibit A)(Hawkins, Scott)
July 13, 2015 Opinion or Order Filing 168 NOTICE by Chapman Legal Group, Avery Chapman, Taryn Hartnett of filing Deposition Transcript per Local Civil Rule 26.2 and Court Ordered Hearing July 15 2015 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, Scott)
July 13, 2015 Opinion or Order Filing 167 NOTICE by Chapman Legal Group, Avery Chapman, Taryn Hartnett of Filing per Local Civil Rule 26.2 and Court Ordered Hearing July 15 2015 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, Scott)
July 13, 2015 Opinion or Order Filing 166 NOTICE by Chapman Legal Group, Avery Chapman, Taryn Hartnett of Filing deposition transcript per Local Civil Rule 26.2 and Court Ordered Hearing July 15, 2015 (Attachments: #1 Exhibit A pages 1-25, #2 Exhibit A pages 26-49)(Hawkins, Scott)
July 13, 2015 Opinion or Order Filing 165 Consent MOTION Consent Motion to Extend Response and Reply Deadlines re #150 MOTION to Dismiss Amended Answer, Affirmative Defenses and Counterclaims of Defendant TARYN E. HARTNETT and proposed Order by Chapman Legal Group, Avery Chapman, Taryn Hartnett. Responses due by 7/30/2015 (Attachments: #1 Exhibit A)(Hawkins, Scott)
July 13, 2015 Opinion or Order Filing 164 MEMORANDUM in Support re #163 MOTION to Dismiss the Corrected Amended Counterclaims of Defendant Taryn E. Hartnett by Philip E Gaucher(Philip E. Gaucher). (Houti, Jennifer)
July 13, 2015 Opinion or Order Filing 163 MOTION to Dismiss the Corrected Amended Counterclaims of Defendant Taryn E. Hartnett by Philip E Gaucher(Philip E. Gaucher). Responses due by 7/30/2015 (Houti, Jennifer)
July 13, 2015 Opinion or Order Filing 162 Answer, Affirmative Defenses, and Motion to Dismiss the Corrected Amended Counterclaims of Defendant Taryn E. Harnett #100 ANSWER to Complaint #100 by Philip E Gaucher(Philip E. Gaucher).(Houti, Jennifer)
July 13, 2015 Opinion or Order Filing 161 Answer and Affirmative Defenses to Corrected Amended Counterclaims and Third Party Complaint of Avery Chapman ANSWER to #99 Answer to Complaint, Answer to Counterclaim, Third Party Complaint,,,,,,,,,,,,,,,,, by Philip E Gaucher(Philip E. Gaucher).(Houti, Jennifer)
July 10, 2015 Opinion or Order Filing 160 CERTIFICATE OF SERVICE by Philip E Gaucher(Philip E. Gaucher) re #158 Notice of Appearance Amended (Houti, Jennifer)
July 9, 2015 Opinion or Order Filing 159 REPLY to Response to Motion re #143 MOTION to Strike #130 Reply to Response to Motion, #132 Affidavit, #129 Reply to Response to Motion by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Hawkins, Scott)
July 7, 2015 Opinion or Order Filing 158 NOTICE of Appearance by Jennifer Michelle Houti on behalf of Philip E Gaucher(Philip E. Gaucher) (Houti, Jennifer)
June 29, 2015 Opinion or Order Filing 176 MOTION to Dismiss Complaint, MOTION to Strike Complaint by Avery Chapman, Chapman Legal Group. (Originally filed in 3:15-cv-262) (Attachments: #1 Exhibit)(jlk). Motions referred to David S. Cayer.
June 29, 2015 Opinion or Order Filing 157 REPLY to Response to Motion re #143 MOTION to Strike #130 Reply to Response to Motion, #132 Affidavit, #129 Reply to Response to Motion to Strike Affidavit of Douglas Smith by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Hawkins, Scott)
June 29, 2015 Opinion or Order Filing 156 MOTION to Strike #141 Affidavit, Supplemental by Chapman Legal Group, Avery Chapman, Taryn Hartnett. Responses due by 7/16/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hawkins, Scott)
June 26, 2015 Opinion or Order Filing 155 OBJECTION to #128 Memorandum and Recommendations by Douglas R. Smith. Replies due by 7/13/2015 (Attachments: #1 Exhibit A - Email, #2 Exhibit B- MTD Order)(Terpening, William)
June 25, 2015 Opinion or Order Filing 154 ANSWER to #99 Answer to Complaint, Answer to Counterclaim, Third Party Complaint,,,,,,,,,,,,,,,,, by Clovis Capital Ventures, LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith.(Smith, James)
June 25, 2015 Opinion or Order Filing 153 ANSWER to #100 Answer to Counterclaim, Answer to Complaint,,,,,,,,,,,,,, by Clovis Capital Ventures, LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith.(Smith, James)
June 24, 2015 Opinion or Order Filing 152 Exhibit by Marcus Sowinski. Exhibit to #150 Motion to Dismiss Amended Answer, Affirmative Defenses and Counterclaims of Defendant TARYN E. HARTNETT (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Reiss, Allan)
June 24, 2015 Opinion or Order Filing 151 MEMORANDUM in Support re #150 MOTION to Dismiss Amended Answer, Affirmative Defenses and Counterclaims of Defendant TARYN E. HARTNETT by Marcus Sowinski. (Reiss, Allan)
June 24, 2015 Opinion or Order Filing 150 MOTION to Dismiss Amended Answer, Affirmative Defenses and Counterclaims of Defendant TARYN E. HARTNETT by Marcus Sowinski. Responses due by 7/13/2015 (Reiss, Allan)
June 24, 2015 Opinion or Order Filing 149 CERTIFICATE OF SERVICE by Chapman Legal Group, Avery Chapman re #99 Answer to Complaint, Answer to Counterclaim, Third Party Complaint,,,,,,,,,,,,,,,,, Proof of Service Affidavit, SUMMONS Returned Executed by Chapman Legal Group, Avery Chapman. (Hawkins, Scott)
June 24, 2015 Opinion or Order Filing 148 CERTIFICATE OF SERVICE by Taryn Hartnett re #100 Answer to Counterclaim, Answer to Complaint,,,,,,,,,,,,,, Proof of Service Affidavit, SUMMONS Returned Executed by Taryn Hartnett. Philip E Gaucher(Philip E. Gaucher) served on 6/22/2015, answer due 7/13/2015. (Hawkins, Scott)
June 24, 2015 Opinion or Order Filing 147 ORDER granting #126 Motion for Enlargement of word limit to Motion for Summary Judgement Replies. Signed by District Judge Max O. Cogburn, Jr on 6/24/2015. (Pro se litigant served by US Mail.)(eef)
June 23, 2015 Opinion or Order Filing 146 ORDER granting #145 Motion for Leave to Appear Pro Hac Vice added Allan S. Reiss for Marcus Sowinski.Signed by Magistrate Judge David S. Cayer on 06/23/2015. (Pro se litigant served by US Mail.)(jlk)
June 23, 2015 Opinion or Order Notice to Allan S. Reiss: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 7/6/2015. (jlk)
June 22, 2015 Opinion or Order Filing 145 MOTION for Leave to Appear Pro Hac Vice as to Allan S. Reiss Filing fee $ 276, receipt number 0419-2686877. by Marcus Sowinski. (Kutny, Mark). Motions referred to David S. Cayer. (Main Document 145 replaced on 6/22/2015) (mga).
June 22, 2015 Opinion or Order Filing 144 NOTICE of Appearance by Mark Raymond Kutny on behalf of Marcus Sowinski (Kutny, Mark)
June 22, 2015 Opinion or Order ENTRY Deleted.
June 22, 2015 Opinion or Order Notice to George R. Fusner, Jr.: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 7/2/2015. (jlk)
June 19, 2015 Opinion or Order Filing 143 MOTION to Strike #130 Reply to Response to Motion, #132 Affidavit, #129 Reply to Response to Motion by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Responses due by 7/9/2015 (Terpening, William)
June 19, 2015 Opinion or Order Filing 142 RESPONSE in Opposition re #122 MOTION to Strike #116 Affidavit in Opposition to Motion,, by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/29/2015 (Attachments: #1 Exhibit A 05/19/15 Email from Hawkins to Schulz, #2 Exhibit B Excerpts from 04/28/15 D. Smith Deposition)(Terpening, William)
June 19, 2015 Opinion or Order Filing 141 AFFIDAVIT re #115 Response in Opposition to Motion,, #112 Response in Opposition to Motion,, #113 Response in Opposition to Motion, #114 Response in Opposition to Motion,, Supplemental Affidavit of Douglas R. Smith by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith (Terpening, William)
June 17, 2015 Opinion or Order NOTICE of Hearing on Motion re: #89 MOTION for Summary Judgment , #83 MOTION for Sanctions and Contempt of Douglas R Smith, #93 MOTION for Summary Judgment , #122 MOTION to Strike #116 Affidavit in Opposition to Motion,, , #95 MOTION for Summary Judgment on Counterclaims, #91 MOTION for Summary Judgment on Counterclaims, #128 MEMORANDUM AND RECOMMENDATIONS on #83 MOTION for Sanctions and Contempt of Douglas R Smith filed by Chapman Legal Group, Avery Chapman, Taryn Hartnett : Motion Hearing set for 7/15/2015 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(chh)
June 16, 2015 Opinion or Order Filing 140 CERTIFICATE OF SERVICE by Brian Eberhard re #134 Notice of Appearance (Phillips, Randall)
June 16, 2015 Opinion or Order Filing 139 ORDER denying without prejudice #88 Motion to Compel; denying without prejudice #98 Motion to Compel. Signed by Magistrate Judge David S. Cayer on 06/16/2015. (Pro se litigant served by US Mail.)(jlk)
June 16, 2015 Opinion or Order Filing 138 ORDERED Clerk of Court calendar and notice for Oral Arguments on July 15, 2015, the following matters: Motion for Summary Judgment #89 ; Motion for Summary Judgment on Counterclaims #91 ; (3) Motion for Summary Judgment #93 ; (4) Motion for Summary Judgment on Counterclaims #95 ; and (5) Motion to Strike #122 , FURTHER ORDERED, Clerk of Court calendar on same date and time an Evidentiary Hearing and Oral Arguments on the Memorandum and Recommendation #128 and Motion for Sanctions and Contempt of Douglas R. Smith #83 , and that plaintiff Douglas R. Smith is hereby Ordered to personally appear at that hearing and show cause why he should not be held in contempt for failing to comply with the courts April 20, 2015 Order #75 . Signed by District Judge Max O. Cogburn, Jr on 06/16/2015. (Pro se litigant served by US Mail.)(jlk)
June 16, 2015 Opinion or Order Filing 137 ORDER granting #135 Motion for Leave to Appear Pro Hac Vice added George R. Fusner for Brian Eberhard. Signed by Magistrate Judge David S. Cayer on 06/16/2015. (Pro se litigant served by US Mail.)(jlk)
June 16, 2015 Opinion or Order Filing 136 NOTICE by Chapman Legal Group, Avery Chapman, Taryn Hartnett Notice of Filing Notice of Removal of Mecklenburg County Superior Court Case No. 15 CVS 9029 to the United States District Court for the Western District of North Carolina (Attachments: #1 Exhibit Exhibit 1)(McGrath, Jason)
June 15, 2015 Opinion or Order Filing 135 MOTION for Leave to Appear Pro Hac Vice as to George R. Fusner, Jr. Filing fee $ 276, receipt number 0419-2679896. by Brian Eberhard. (Phillips, Randall). Motions referred to David S. Cayer.
June 15, 2015 Opinion or Order Filing 134 NOTICE of Appearance by Randall Joseph Phillips on behalf of Brian Eberhard (Phillips, Randall)
June 12, 2015 Opinion or Order Filing 133 MEMORANDUM in Support re #122 MOTION to Strike #116 Affidavit in Opposition to Motion,, by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Hawkins, Scott)
June 11, 2015 Opinion or Order Filing 132 AFFIDAVIT re #129 Reply to Response to Motion, #130 Reply to Response to Motion For Summary Judgement on Counterclaims by Chapman Legal Group, Avery Chapman, Taryn Hartnett (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Hawkins, Scott)
June 11, 2015 Opinion or Order Filing 131 Summons Reissued Electronically as to DRS 2011 FAMILY TRUST. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 and Local Rule 73.1(A)(2). (eef)
June 10, 2015 Opinion or Order Filing 130 REPLY to Response to Motion re #91 MOTION for Summary Judgment on Counterclaims by Taryn Hartnett. (Hawkins, Scott)
June 10, 2015 Opinion or Order Filing 129 REPLY to Response to Motion re #95 MOTION for Summary Judgment on Counterclaims by Chapman Legal Group, Avery Chapman. (Hawkins, Scott)
June 9, 2015 Opinion or Order Filing 128 MEMORANDUM AND RECOMMENDATIONS and CERTIFICATION of FACTS on #83 MOTION for Sanctions and Contempt of Douglas R Smith filed by Chapman Legal Group, Avery Chapman, Taryn Hartnett Objections to M&R due by 6/26/2015. Signed by Magistrate Judge David S. Cayer on 06/09/2015. (Pro se litigant served by US Mail.)(jlk)
June 8, 2015 Opinion or Order Filing 127 REPLY to Response to Motion re #88 MOTION to Compel Answers to Discovery Requests by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hawkins, Scott)
June 8, 2015 Opinion or Order Filing 126 MOTION Enlargement of word limit to Motion for Summary Judgement Replies re #92 Memorandum in Support of Motion, #116 Affidavit in Opposition to Motion,, #94 Memorandum in Support of Motion, #89 MOTION for Summary Judgment , #115 Response in Opposition to Motion,, #112 Response in Opposition to Motion,, #124 Reply to Response to Motion, #90 Memorandum in Support of Motion, #91 MOTION for Summary Judgment on Counterclaims, #93 MOTION for Summary Judgment , #123 Reply to Response to Motion, #117 Affidavit in Opposition to Motion,,,, #96 Memorandum in Support of Motion, #125 Affidavit in Support of Motion, #113 Response in Opposition to Motion, #114 Response in Opposition to Motion,, #95 MOTION for Summary Judgment on Counterclaims by Chapman Legal Group, Avery Chapman, Taryn Hartnett. Responses due by 6/25/2015 (Hawkins, Scott)
June 8, 2015 Opinion or Order Filing 125 AFFIDAVIT in Support re #89 MOTION for Summary Judgment , #91 MOTION for Summary Judgment on Counterclaims, #93 MOTION for Summary Judgment , #95 MOTION for Summary Judgment on Counterclaims by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Attachments: #1 Exhibit Ex A, #2 Exhibit Ex B, #3 Exhibit Ex C, #4 Exhibit Ex D, #5 Exhibit Ex E)(Hawkins, Scott)
June 8, 2015 Opinion or Order Filing 124 REPLY to Response to Motion re #89 MOTION for Summary Judgment by Taryn Hartnett. (Hawkins, Scott)
June 8, 2015 Opinion or Order Filing 123 REPLY to Response to Motion re #93 MOTION for Summary Judgment by Chapman Legal Group, Avery Chapman. (Hawkins, Scott)
June 8, 2015 Opinion or Order Filing 122 MOTION to Strike #116 Affidavit in Opposition to Motion,, by Chapman Legal Group, Avery Chapman, Taryn Hartnett. Responses due by 6/25/2015 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, Scott)
June 8, 2015 Opinion or Order Filing 121 CERTIFICATE OF SERVICE by Chapman Legal Group, Avery Chapman, Taryn Hartnett re #119 Summons Returned Executed, Affidavit of Service,, #120 Summons Returned Unexecuted (Hawkins, Scott)
June 5, 2015 Opinion or Order Filing 120 Summons Returned Unexecuted by Chapman Legal Group, Avery Chapman, Taryn Hartnett as to DRS 2011 FAMILY TRUST(DRS 2011 FAMILY TRUST). (Hawkins, Scott)
June 5, 2015 Opinion or Order Filing 119 SUMMONS Returned Executed by Chapman Legal Group, Avery Chapman, Taryn Hartnett. Marcus Sowinski served on 6/4/2015, answer due 6/25/2015., AFFIDAVIT of Service filed by Chapman Legal Group; Avery Chapman; Taryn Hartnett. Marcus Sowinski served on 6/4/2015, answer due 6/25/2015. (Hawkins, Scott)
June 4, 2015 Opinion or Order Filing 118 ORDER granting in part and denying in part #85 Motion to Amend/Correct Scheduling Order Deadlines; granting in part and denying in part #106 Motion for Extension of Time to File Answers, and to File Responses toDefendants Motions for Summary Judgment, Request for an In-Person StatusConference and Incorporated Memorandum of Law. ( Discovery due by 9/4/2015., Motions due by 10/5/2015., Jury Trial set for 2/16/2016 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr.). Signed by Magistrate Judge David S. Cayer on 6/4/2015. (Pro se litigant served by US Mail.)(eef)
May 29, 2015 Opinion or Order Filing 117 AFFIDAVIT in Opposition re #89 MOTION for Summary Judgment , #91 MOTION for Summary Judgment on Counterclaims, #93 MOTION for Summary Judgment , #95 MOTION for Summary Judgment on Counterclaims by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/8/2015 (Attachments: #1 Index to Exhibits, #2 Exhibit A Hartnett Deposition Excerpts, #3 Exhibit B Hartnett 30(b)(6) Deposition Excerpts, #4 Exhibit C Chapman Deposition Excerpts, #5 Exhibit D Affidavit of Lisa Boettner, #6 Exhibit E Plaintiffs' Supplemental Expert Report, #7 Exhibit F Smith Deposition Excerpts, #8 Exhibit G Chapman 30(b)(6) Deposition Excerpts, #9 Exhibit H Hartnett Vitality Health Services, LLC Resignation Letter, #10 Exhibit I Hartnett CompleteRx, LLC Resigation Letter)(Terpening, William)
May 29, 2015 Opinion or Order Filing 116 AFFIDAVIT in Opposition re #89 MOTION for Summary Judgment , #91 MOTION for Summary Judgment on Counterclaims, #93 MOTION for Summary Judgment , #95 MOTION for Summary Judgment on Counterclaims by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/8/2015 (Attachments: #1 Index to Exhibits, #2 Exhibit A 5/8/12 Confidential Memorandum, #3 Exhibit B 2/5/13 Business Memorandum, #4 Exhibit C Statement of Brian Eberhard)(Terpening, William)
May 29, 2015 Opinion or Order Filing 115 RESPONSE in Opposition re #91 MOTION for Summary Judgment on Counterclaims by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/8/2015 (Attachments: #1 Index to Exhibits, #2 Exhibit A Hartnett Vitality Resignation Letter, #3 Exhibit B Hartnett Complete Rx Resignation Letter, #4 Exhibit C Hartnett Deposition Excerpts, #5 Exhibit D Affidavit of Douglas Smith)(Terpening, William)
May 29, 2015 Opinion or Order Filing 114 RESPONSE in Opposition re #95 MOTION for Summary Judgment on Counterclaims by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/8/2015 (Attachments: #1 Index to Exhibits, #2 Exhibit A Affidavit of Douglas Smith, #3 Exhibit B Chapman 30(b)(6) Deposition Excerpts, #4 Exhibit C Brian Eberhard Statement, #5 Exhibit D Chapman Deposition Excerpts, #6 Exhibit E Hartnett Deposition Exhibits, #7 Exhibit F Smith Deposition Excerpts, #8 Exhibit G Affidavit of Lisa Boettner)(Terpening, William)
May 29, 2015 Opinion or Order Filing 113 RESPONSE in Opposition re #89 MOTION for Summary Judgment by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/8/2015 (Attachments: #1 Index to Exhibits, #2 Exhibit A Hartnett Deposition Excerpts, #3 Exhibit B Hartnett 30(b)(6) Deposition Excerpts)(Terpening, William)
May 29, 2015 Opinion or Order Filing 112 RESPONSE in Opposition re #93 MOTION for Summary Judgment by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/8/2015 (Attachments: #1 Index to Exhibits, #2 Exhibit A Affidavit of Douglas Smith, #3 Exhibit B Hartnett Deposition Excerpts, #4 Exhibit C Hartnett 30(b)(6) Deposition Excerpts, #5 Exhibit D Chapman Deposition Excerpts, #6 Exhibit E Affidavit of Lisa Boettner, #7 Exhibit F Plaintiff's Supplemental Expert Report, #8 Exhibit G Smith Deposition Excerpts)(Terpening, William)
May 29, 2015 Opinion or Order Filing 111 RESPONSE in Opposition re #98 MOTION to Compel Documents Subject to Subpoenas Duces Tecum by Laboratory Equipment Holdings, LLC, Physicians Choice Laboratory Services, LLC. Replies due by 6/8/2015 (Attachments: #1 Exhibit 1 - Transcript of May 26, 2015 Hearing, #2 Exhibit 2 - Southern District Fl. Local Rules, #3 Unpublished Cases)(Harden, Debbie)
May 29, 2015 Opinion or Order Filing 110 AFFIDAVIT of Service filed by Chapman Legal Group, Avery Chapman, Taryn Hartnett. Victor J. Cook served on 5/27/2015, answer due 6/17/2015. (Hawkins, Scott)
May 29, 2015 Opinion or Order Filing 109 RESPONSE in Opposition re #88 MOTION to Compel Answers to Discovery Requests by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/8/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Schulz, Jonathan)
May 29, 2015 Opinion or Order Filing 108 RESPONSE in Opposition re #98 MOTION to Compel Documents Subject to Subpoenas Duces Tecum by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R. Smith. Replies due by 6/8/2015 (Attachments: #1 Exhibit A, #2 Exhibit B)(Schulz, Jonathan)
May 29, 2015 Opinion or Order Motion referred to David S. Cayer.: #85 MOTION to Amend/Correct/Suspend and Amend CMO (tmg)
May 28, 2015 Opinion or Order Filing 107 REPLY to Response to Motion re #83 MOTION for Sanctions and Contempt of Douglas R Smith Reply to Plaintffs' Opposition Response [DE 102] by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Attachments: #1 Exhibit A)(Hawkins, Scott)
May 26, 2015 Opinion or Order Filing 106 MOTION for Extension of Time to Answer Counterclaims and to Respond to Summary Judgment Motions by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R Smith. Responses due by 6/12/2015 (Terpening, William). Motions referred to David S. Cayer.
May 22, 2015 Opinion or Order Filing 105 REPLY to Response to Motion re #85 MOTION to Amend/Correct Suspend Case Management Order including pending deadlines and Trial Date and Term by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hawkins, Scott)
May 21, 2015 Opinion or Order NOTICE of Hearing: Jury Trial set for 8/17/2015 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(chh)
May 20, 2015 Opinion or Order Filing 104 Notice of Withdrawal of document by Chapman Legal Group, Avery Chapman, Taryn Hartnett ***Documents terminated: #79 Answer to Complaint, Answer to Counterclaim, Third Party Complaint,,,,,,,,,,,,,,,,, filed by Chapman Legal Group, Avery Chapman, #80 Answer to Complaint, Answer to Counterclaim,,,,,,, filed by Taryn Hartnett. (Hawkins, Scott)
May 20, 2015 Opinion or Order Filing 103 Summons Issued Electronically as to Victor J. Cook, DRS 2011 FAMILY TRUST(DRS 2011 FAMILY TRUST), Philip E Gaucher(Philip E. Gaucher), Marcus Sowinski. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons, #2 Summons, #3 Summons)(mga)
May 20, 2015 Opinion or Order Case reassigned to District Judge Max O. Cogburn, Jr. Chief Judge Frank D. Whitney no longer assigned to the case. (conflict) This is your only notice - you will not receive a separate document. (tmg)
May 18, 2015 Opinion or Order Filing 102 RESPONSE in Opposition re #83 MOTION for Sanctions and Contempt of Douglas R Smith by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R Smith. Replies due by 5/29/2015 (Attachments: #1 Exhibit A, #2 Exhibit B)(Terpening, William)
May 14, 2015 Opinion or Order Filing 101 RESPONSE in Opposition re #85 MOTION to Amend/Correct by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Douglas R Smith. Replies due by 5/26/2015 (Attachments: #1 Index to Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K)(Terpening, William)
May 12, 2015 Opinion or Order Filing 100 CORRECTED AMENDED ANSWER to #80 Answer to Complaint, Answer to Counterclaim,,,,,,, #1 Complaint, #20 Answer to Complaint, Counterclaim Affirmative Defenses, COUNTERCLAIMS ANSWER to #80 Answer to Complaint, Answer to Counterclaim,,,,,,, #1 Complaint, #20 Answer to Complaint, Counterclaim with Jury Demand , ANSWER to #80 Answer to Complaint, Answer to Counterclaim,,,,,,, #1 Complaint, #20 Answer to Complaint, Counterclaim , COUNTERCLAIM against Clovis Capital Ventures, LLC, Victor J. Cook, DRS 2011 FAMILY TRUST(DRS 2011 FAMILY TRUST), DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Marcus Sowinski by Taryn Hartnett.(Hawkins, Scott)
May 12, 2015 Opinion or Order Filing 99 CORRECTED AMENDED ANSWER to #1 Complaint, #79 Answer to Complaint, Answer to Counterclaim, Third Party Complaint,,,,,,,,,,,,,,,,, with Jury Demand Affirmative Defenses, Corrected Amended ANSWER to #1 Complaint, #79 Answer to Complaint, Answer to Counterclaim, Third Party Complaint,,,,,,,,,,,,,,,,, Affirmative Defenses, THIRD PARTY COMPLAINT against DRS Family Holdings LLC, Smith and Sons Enterprises, LLC, Douglas R Smith, DRS 2011 FAMILY TRUST, Philip E Gaucher(Philip E. Gaucher), Fortis Capital Holdings, LLC, DRS Family Management, LLC, Clovis Capital Ventures, LLC, Physicians Choice Laboratory Services, LLC, Mary Luczak-Smith, Victor J. Cook, Smith Clovis Capital Holdings, LLC with Jury Demand, COUNTERCLAIM against DRS Family Holdings LLC, Smith and Sons Enterprises, LLC, Douglas R Smith, DRS 2011 FAMILY TRUST, Philip E Gaucher(Philip E. Gaucher), Fortis Capital Holdings, LLC, DRS Family Management, LLC, Clovis Capital Ventures, LLC, Physicians Choice Laboratory Services, LLC, Mary Luczak-Smith, Smith Clovis Capital Holdings, LLC by Chapman Legal Group, Avery Chapman, Taryn Hartnett. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 98 MOTION to Compel Documents Subject to Subpoenas Duces Tecum by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Responses due by 5/29/2015 (Attachments: #1 Exhibit Exhibit A)(McGrath, Jason). Motions referred to David S. Cayer.
May 11, 2015 Opinion or Order Filing 97 NOTICE by Avery Chapman, Chapman Legal Group, Taryn Hartnett re #92 Memorandum in Support of Motion, #94 Memorandum in Support of Motion, #89 MOTION for Summary Judgment , #96 Memorandum in Support of Motion, #88 MOTION to Compel Answers to Discovery Requests, #90 Memorandum in Support of Motion, #91 MOTION for Summary Judgment on Counterclaims, #93 MOTION for Summary Judgment , #95 MOTION for Summary Judgment on Counterclaims Notice of Intent to Amend (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 96 MEMORANDUM in Support re #95 MOTION for Summary Judgment on Counterclaims by Avery Chapman, Chapman Legal Group. (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 95 MOTION for Summary Judgment on Counterclaims by Avery Chapman, Chapman Legal Group. Responses due by 5/29/2015 (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 94 MEMORANDUM in Support re #93 MOTION for Summary Judgment by Avery Chapman, Chapman Legal Group. (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 93 MOTION for Summary Judgment by Avery Chapman, Chapman Legal Group. Responses due by 5/29/2015 (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 92 MEMORANDUM in Support re #91 MOTION for Summary Judgment on Counterclaims by Taryn Hartnett. (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 91 MOTION for Summary Judgment on Counterclaims by Taryn Hartnett. Responses due by 5/29/2015 (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 90 MEMORANDUM in Support re #89 MOTION for Summary Judgment by Taryn Hartnett. (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 89 MOTION for Summary Judgment by Taryn Hartnett. Responses due by 5/29/2015 (Hawkins, Scott)
May 11, 2015 Opinion or Order Filing 88 MOTION to Compel Answers to Discovery Requests by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Responses due by 5/29/2015 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(McGrath, Jason). Motions referred to David S. Cayer.
May 11, 2015 Opinion or Order Filing 87 ORDER denying #60 Motion to Quash; denying #65 Motion to Quash; denying #65 Motion for Protective Order. Signed by Magistrate Judge David S. Cayer on 05/11/2015. (Pro se litigant served by US Mail.)(jlk)
May 7, 2015 Opinion or Order Filing 86 NOTICE by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC re #85 MOTION to Continue Docket Call/Trial Motion to Suspend and Amend CMO, including Trial Date and Term of Intent to File Response (Schulz, Jonathan)
May 7, 2015 Opinion or Order Filing 85 MOTION to Amend/Correct Motion to Suspend and Amend CMO, including Trial Date and Term by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Responses due by 5/26/2015 (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(McGrath, Jason) Modified to correct event on 5/11/2015 (clc). (Main Document 85 replaced on 5/11/2015) (clc).
April 29, 2015 Opinion or Order Filing 84 MEMORANDUM in Support re #83 MOTION for Sanctions and Contempt of Douglas R Smith by Avery Chapman, Chapman Legal Group, Taryn Hartnett. (Hawkins, Scott)
April 29, 2015 Opinion or Order Filing 83 MOTION for Sanctions and Contempt of Douglas R Smith by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Responses due by 5/18/2015 (Hawkins, Scott). Motions referred to David S. Cayer.
April 29, 2015 Opinion or Order Filing 82 Summons Issued Electronically as to Victor J. Cook, DRS Family Management, LLC, Philip E Gaucher, It's A Project, LLC, Marcus Sowinski. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (mga)
April 27, 2015 Opinion or Order Filing 81 RESPONSE in Opposition re #65 MOTION to Quash Third Party Subpoena MOTION for Protective Order by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC. Replies due by 5/7/2015 (Schulz, Jonathan)
April 24, 2015 Opinion or Order Filing 80 Amended ANSWER to #1 Complaint, #20 Answer to Complaint, Counterclaim with Jury Demand Affirmative Defenses, ANSWER to #1 Complaint, #20 Answer to Complaint, Counterclaim Affirmative Defenses, COUNTERCLAIM against Clovis Capital Ventures, LLC, Victor J. Cook, DRS 2011 FAMILY TRUST, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Philip E Gaucher, It's A Project, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC, Marcus Sowinski by Taryn Hartnett.(Hawkins, Scott)
April 24, 2015 Opinion or Order Filing 79 Amended ANSWER to #1 Complaint, #21 Answer to Complaint, Counterclaim with Jury Demand Affirmative Defenses, ANSWER to #1 Complaint, #21 Answer to Complaint, Counterclaim Affirmative Defenses, THIRD PARTY COMPLAINT against Smith and Sons Enterprises, LLC, Mary Luczak-Smith, Douglas R Smith, Clovis Capital Ventures, LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Smith Clovis Capital Holdings, LLC, DRS 2011 FAMILY TRUST, Philip E Gaucher, Marcus Sowinski, Victor J. Cook, It's A Project, LLC with Jury Demand, COUNTERCLAIM Third Party Complaint against Smith and Sons Enterprises, LLC, Mary Luczak-Smith, Douglas R Smith, Clovis Capital Ventures, LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Smith Clovis Capital Holdings, LLC, DRS 2011 FAMILY TRUST, Philip E Gaucher, Marcus Sowinski, Victor J. Cook, It's A Project, LLC by Avery Chapman, Chapman Legal Group. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hawkins, Scott)
April 23, 2015 Opinion or Order Filing 78 NOTICE by Avery Chapman, Chapman Legal Group, Taryn Hartnett Notice of Unavailability (McGrath, Jason)
April 21, 2015 Opinion or Order Filing 77 ORDER granting #57 Motion for Leave to Amend Counterclaims and Affirmative Defenses, to Add Counterclaim Defendants and for Third Party Complaint. Amended Pleadings due within 5 days. Signed by Magistrate Judge David S. Cayer on 4/21/2015. (Pro se litigant served by US Mail.) (tmg)
April 20, 2015 Opinion or Order Filing 76 REPLY to Response to Motion re #57 MOTION to Amend/Correct #20 Answer to Complaint, Counterclaim, #21 Answer to Complaint, Counterclaim Third Party Complaint and Affirmative Defenses by Avery Chapman, Chapman Legal Group, Taryn Hartnett. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(McGrath, Jason)
April 20, 2015 Opinion or Order Filing 75 ORDER granting #63 Motion to Compel, Plaintiff Douglas R. Smith shall appear for deposition at the time and place noticed in West Palm Beach, Florida on April 28, 2015. Signed by Magistrate Judge David S. Cayer on 04/20/2015. (Pro se litigant served by US Mail.)(jlk)
April 17, 2015 Opinion or Order Filing 74 RESPONSE Defendants' Reply to Plaintiffs' Opposition to Motion to Compel Smith's Attendance at Deposition by Avery Chapman, Chapman Legal Group, Taryn Hartnett. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(McGrath, Jason)
April 16, 2015 Opinion or Order Filing 73 RESPONSE in Opposition re #63 MOTION to Compel Attendance of Plaintiff at Deposition by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC. Replies due by 4/27/2015 (Schulz, Jonathan)
April 13, 2015 Opinion or Order Filing 72 RESPONSE in Opposition re #57 MOTION to Amend/Correct #20 Answer to Complaint, Counterclaim, #21 Answer to Complaint, Counterclaim Third Party Complaint by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC. Replies due by 4/23/2015 (Schulz, Jonathan)
April 10, 2015 Opinion or Order Filing 71 NOTICE by Physicians Choice Laboratory Services, LLC (of Filing in the Southern District of Florida) (Attachments: #1 Exhibit A - Motion to Quash Subpoena Issued to Sowinski, #2 Exhibit B - Motion to Quash Subpoenas Issued to Robert Smith, Eberhard and Wells Fargo)(Harden, Debbie)
April 10, 2015 Opinion or Order Filing 70 NOTICE of Appearance by Debbie Weston Harden on behalf of Physicians Choice Laboratory Services, LLC (Harden, Debbie)
April 10, 2015 Opinion or Order Filing 69 NOTICE by Laboratory Equipment Holdings, LLC (Attachments: #1 Exhibit A - Motion to Quash Subpoena to PCLS, #2 Exhibit B - Motion to Quash Subpoena to Sowinski)(Harden, Debbie)
April 10, 2015 Opinion or Order Filing 68 NOTICE of Appearance by Debbie Weston Harden on behalf of Laboratory Equipment Holdings, LLC (Harden, Debbie)
April 9, 2015 Opinion or Order Filing 67 NOTICE by Avery Chapman, Chapman Legal Group, Taryn Hartnett Deposition of Suzanne Koski-Fioto (Hawkins, Scott)
April 9, 2015 Opinion or Order Filing 66 NOTICE by Avery Chapman, Chapman Legal Group, Taryn Hartnett Deposition of Lisa Boettner (Hawkins, Scott)
April 9, 2015 Opinion or Order Filing 65 MOTION to Quash Third Party Subpoena, MOTION for Protective Order by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Responses due by 4/27/2015 (Attachments: #1 Exhibit A, #2 Exhibit B)(Hawkins, Scott). Motions referred to David S. Cayer.
April 9, 2015 Opinion or Order Filing 64 ORDER re #63 MOTION to Compel Attendance of Plaintiff at Deposition, Court orders expedited briefing, Plaintiffs response to Defendants Motion is due on or before April 16, 2015, Defendants reply is due on or before April 17, 2015. Signed by Magistrate Judge David S. Cayer on 04/09/2015. (Pro se litigant served by US Mail.)(jlk)
April 9, 2015 Opinion or Order Filing 63 MOTION to Compel Attendance of Plaintiff at Deposition by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Responses due by 4/27/2015 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hawkins, Scott). Motions referred to David S. Cayer.
April 7, 2015 Opinion or Order Filing 62 NOTICE by Avery Chapman, Chapman Legal Group, Taryn Hartnett Notice of Video Deposition of Plaintiff Douglas Smith (Hawkins, Scott)
April 7, 2015 Opinion or Order Filing 61 NOTICE by Avery Chapman, Chapman Legal Group, Taryn Hartnett Notice of Unavailability (Hawkins, Scott)
April 7, 2015 Opinion or Order Minute Entry: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Plaintiffs attorney: William R. Terpening, Jonathan Edward Schulz, James Carlos Smith. Defendants attorney: Scott Gardner Hawkins, Jason A McGrath. Court reporter: n/a. After conducting a telephonic discovery conference, the Court enters the following ORDER: (1) Defendants shall respond fully to Plaintiffs' discovery requests, limited to 2011-2014. If Defendants contend they have previously fully responded to certain requests, they must state compliance in a verified discovery response. (2) Concerning Defendants' third party subpoenas, it appears to the Court that the subpoenas generally seek production of discoverable information and are enforceable provided they comply with the Fed. R. Civ. P and the Local Rules. If Plaintiffs wish to contest particular subpoenas they must do so by filing Motion(s) to Quash. (3) Depositions shall take place as noticed, limited to seven hours per deposition excluding breaks. SO ORDERED. (dlg)
April 6, 2015 Opinion or Order Filing 60 Pro Se MOTION to Quash Subpoena to Produce Documents, Information, or Objects to Brian Eberhard by Brian Eberhard. Responses due by 4/23/2015 (Attachments: #1 cover letter)(eef). Motions referred to David S. Cayer.
April 2, 2015 Opinion or Order Filing 59 NOTICE of Appearance by James Carlos Smith on behalf of Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC (Smith, James)
April 2, 2015 Opinion or Order Filing 58 NOTICE of Appearance by Jefferson Andrew Moors on behalf of Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC (Moors, Jefferson)
March 27, 2015 Opinion or Order Filing 57 MOTION to Amend/Correct #20 Answer to Complaint, Counterclaim, #21 Answer to Complaint, Counterclaim Third Party Complaint by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Responses due by 4/13/2015 (Attachments: #1 Memorandum, #2 Exhibit A, #3 Exhibit Exhibits to EXH A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I)(Hawkins, Scott). Motions referred to David S. Cayer.
March 13, 2015 Opinion or Order Filing 56 DISCOVERY REQUESTS: First Requests for Production by Avery Chapman. Responses due by 3/30/2015 (Attachments: #1 Request for Production, #2 Request for Production)(Hawkins, Scott). Motions referred to David S. Cayer. Modified text on 3/16/2015 (jde).
March 4, 2015 Opinion or Order Filing 55 STIPULATION (filed jointly) by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC (Schulz, Jonathan)
March 3, 2015 Opinion or Order Filing 54 STIPULATION (filed jointly) by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC (Schulz, Jonathan)
March 2, 2015 Opinion or Order Filing 53 ORDER granting #51 Motion for Leave to Appear Pro Hac Vice added Scott G. Hawkins for Avery Chapman, Chapman Legal Group, Taryn Hartnett. Signed by Magistrate Judge David S. Cayer on 03/02/2015. (jlk)
March 2, 2015 Opinion or Order Notice to Scott G. Hawkins: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 3/12/2015. (jlk)
February 27, 2015 Opinion or Order Filing 52 ORDER striking #50 Motion to Quash; striking #50 Motion for Protective Order. Signed by Magistrate Judge David S. Cayer on 2/27/2015. (eef)
February 27, 2015 Opinion or Order Filing 51 MOTION for Leave to Appear Pro Hac Vice as to Scott G. Hawkins Filing fee $ 276, receipt number 0419-2576802. by Avery Chapman, Chapman Legal Group, Taryn Hartnett. (McGrath, Jason). Motions referred to David S. Cayer.
February 27, 2015 Opinion or Order Filing 50 MOTION to Quash Subpoenas, MOTION for Protective Order With Regard to Subpoenas by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Responses due by 3/16/2015 (Attachments: #1 Memorandum Memo. of Law in Support of Motion to Quash and for Protective Orders, #2 Appendix Appendix / Exhibits to Motion to Quash and for Protective Order)(McGrath, Jason). Motions referred to David S. Cayer.
February 26, 2015 Opinion or Order Filing 49 Notice of Substitution of Counsel by Jason McGrath on behalf of Avery Chapman, Chapman Legal Group, Taryn Hartnett. Attorney Mark Calloway and Christopher Marquardt terminated (McGrath, Jason). Modified on 2/26/2015 (tmg).
February 17, 2015 Opinion or Order Filing 48 STIPULATION Extending Discovery Deadlines (filed Jointly by All Parties) by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC (Schulz, Jonathan)
February 12, 2015 Opinion or Order Filing 47 ORDER denying #46 Motion for Extension of Time of Scheduling Order Deadlines. Signed by Magistrate Judge David S. Cayer on 02/12/2015. (jlk)
February 12, 2015 Opinion or Order Filing 46 Consent MOTION for Extension of Time of Scheduling Order Deadlines by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC. Responses due by 3/2/2015 (Terpening, William). Motions referred to David S. Cayer.
October 27, 2014 Opinion or Order Filing 45 Pretrial Order and Case Management Plan : Estimated Trial Time: ten (10) days. Discovery due by 4/13/2015. Motions due by 5/11/2015. Mediation deadline set for 4/27/2015. Jury Trial set for 7/6/2015 09:00 AM in Courtroom 1, 401 W Trade St, Charlotte, NC 28202 before Chief Judge Frank D. Whitney.. Signed by Chief Judge Frank D. Whitney on 10/27/2014. (eef)
October 21, 2014 Opinion or Order Filing 44 CERTIFICATION of initial attorney conference and discovery plan (joint filing) (Schulz, Jonathan)
October 6, 2014 Opinion or Order Filing 43 ANSWER to #21 Answer to Complaint, Counterclaim by DRS Family Holdings LLC, Douglas R Smith.(Schulz, Jonathan)
October 6, 2014 Opinion or Order Filing 42 ANSWER to #20 Answer to Complaint, Counterclaim by Douglas R Smith.(Schulz, Jonathan)
September 26, 2014 Opinion or Order Filing 41 ORDER denying #30 Motion to Strike ; denying #31 Motion to Dismiss for Failure to State a Claim; denying #31 Motion to Dismiss for Lack of Jurisdiction; denying #33 Motion to Dismiss for Failure to State a Claim; denying #33 Motion to Dismiss for Lack of Jurisdiction. Signed by Chief Judge Frank D. Whitney on 9/25/2014. (eef)
August 11, 2014 Opinion or Order Filing 40 REPLY to Response to Motion re #31 MOTION to Dismiss for Failure to State a Claim Hartnett's Counterclaims MOTION to Dismiss for Lack of Jurisdiction Hartnett's Counterclaims by Douglas R Smith. (Schulz, Jonathan)
August 11, 2014 Opinion or Order Filing 39 REPLY to Response to Motion re #33 MOTION to Dismiss for Failure to State a Claim Chapman and Chapman Law Counterclaims MOTION to Dismiss for Lack of Jurisdiction Chapman and Chapman Law Counterclaims by DRS Family Holdings LLC, Douglas R Smith. (Schulz, Jonathan)
August 8, 2014 Opinion or Order Filing 38 REPLY to Response to Motion re #30 MOTION to Strike #21 Answer to Complaint, Counterclaim, #20 Answer to Complaint, Counterclaim by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC. (Schulz, Jonathan)
July 31, 2014 Opinion or Order Filing 37 MEMORANDUM in Opposition re #30 MOTION to Strike #21 Answer to Complaint, Counterclaim, #20 Answer to Complaint, Counterclaim by Avery Chapman, Chapman Legal Group, Taryn Hartnett. Replies due by 8/11/2014 (Boone, Brian)
July 31, 2014 Opinion or Order Filing 36 MEMORANDUM in Opposition re #31 MOTION to Dismiss for Failure to State a Claim Hartnett's Counterclaims MOTION to Dismiss for Lack of Jurisdiction Hartnett's Counterclaims by Taryn Hartnett. Replies due by 8/11/2014 (Boone, Brian)
July 31, 2014 Opinion or Order Filing 35 MEMORANDUM in Opposition re #33 MOTION to Dismiss for Failure to State a Claim Chapman and Chapman Law Counterclaims MOTION to Dismiss for Lack of Jurisdiction Chapman and Chapman Law Counterclaims by Avery Chapman, Chapman Legal Group. Replies due by 8/11/2014 (Boone, Brian)
July 14, 2014 Opinion or Order Filing 34 MEMORANDUM in Support re #33 MOTION to Dismiss for Failure to State a Claim Chapman and Chapman Law Counterclaims MOTION to Dismiss for Lack of Jurisdiction Chapman and Chapman Law Counterclaims by DRS Family Holdings LLC, Douglas R Smith. (Terpening, William)
July 14, 2014 Opinion or Order Filing 33 MOTION to Dismiss for Failure to State a Claim Chapman and Chapman Law Counterclaims, MOTION to Dismiss for Lack of Jurisdiction Chapman and Chapman Law Counterclaims by DRS Family Holdings LLC, Douglas R Smith.Responses due by 7/31/2014 (Terpening, William)
July 14, 2014 Opinion or Order Filing 32 MEMORANDUM in Support re #31 MOTION to Dismiss for Failure to State a Claim Hartnett's Counterclaims MOTION to Dismiss for Lack of Jurisdiction Hartnett's Counterclaims by Douglas R Smith. (Terpening, William)
July 14, 2014 Opinion or Order Filing 31 MOTION to Dismiss for Failure to State a Claim Hartnett's Counterclaims, MOTION to Dismiss for Lack of Jurisdiction Hartnett's Counterclaims by Douglas R Smith.Responses due by 7/31/2014 (Terpening, William)
July 14, 2014 Opinion or Order Filing 30 MOTION to Strike #21 Answer to Complaint, Counterclaim, #20 Answer to Complaint, Counterclaim by Clovis Capital Ventures, LLC, DRS Family Holdings LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC.Responses due by 7/31/2014 (Terpening, William)
July 14, 2014 Opinion or Order Filing 29 ORDER denying without prejudice #17 Motion to Dismiss ; denying without prejudice #18 Motion to Dismiss ; denying without prejudice #19 Motion to Dismiss. Signed by Chief Judge Frank D. Whitney on 7/14/2014. (eef)
July 9, 2014 Opinion or Order Filing 28 REPLY to Response to Motion re #19 MOTION to Dismiss by Chapman Legal Group. (Boone, Brian)
July 9, 2014 Opinion or Order Filing 27 REPLY to Response to Motion re #18 MOTION to Dismiss by Avery Chapman. (Boone, Brian)
July 9, 2014 Opinion or Order Filing 26 REPLY to Response to Motion re #17 MOTION to Dismiss by Taryn Hartnett. (Boone, Brian)
July 2, 2014 Opinion or Order Filing 25 RESPONSE in Opposition re #19 MOTION to Dismiss of Chapman Legal Group by Clovis Capital Ventures, LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC. (Terpening, William)
July 2, 2014 Opinion or Order Filing 24 RESPONSE in Opposition re #17 MOTION to Dismiss of Taryn Hartnett by Clovis Capital Ventures, LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC. (Terpening, William)
July 2, 2014 Opinion or Order Filing 23 RESPONSE in Opposition re #18 MOTION to Dismiss of Defendant Avery Chapman by Clovis Capital Ventures, LLC, DRS Family Management, LLC, Fortis Capital Holdings, LLC, Mary Luczak-Smith, Douglas R Smith, Smith Clovis Capital Holdings, LLC, Smith and Sons Enterprises, LLC. (Terpening, William)
June 30, 2014 Opinion or Order Filing 22 Summons Issued Electronically as to DRS Family Holdings LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (eef)
June 19, 2014 Opinion or Order Filing 21 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Douglas R Smith, DRS Family Holdings LLC by Avery Chapman, Chapman Legal Group. (Attachments: #1 Exhibit A)(Boone, Brian)
June 19, 2014 Opinion or Order Filing 20 ANSWER to #1 Complaint, with Jury Demand , COUNTERCLAIM against Douglas R Smith by Taryn Hartnett.(Boone, Brian)
June 19, 2014 Opinion or Order Filing 19 MOTION to Dismiss by Chapman Legal Group.Responses due by 7/7/2014 (Attachments: #1 Memorandum in Support)(Boone, Brian)
June 19, 2014 Opinion or Order Filing 18 MOTION to Dismiss by Avery Chapman.Responses due by 7/7/2014 (Attachments: #1 Memorandum in Support)(Boone, Brian)
June 19, 2014 Opinion or Order Filing 17 MOTION to Dismiss by Taryn Hartnett.Responses due by 7/7/2014 (Attachments: #1 Memorandum in Support)(Boone, Brian)
June 17, 2014 Opinion or Order Filing 16 NOTICE of Appearance by Brian D. Boone on behalf of Avery Chapman, Chapman Legal Group, Taryn Hartnett (Boone, Brian)
June 5, 2014 Opinion or Order Filing 15 ORDER granting #14 Motion for Leave to Appear Pro Hac Vice added Christopher Marquardt for Avery Chapman,Chapman Legal Group and Taryn Hartnett. Signed by Magistrate Judge David S. Cayer on 6/4/2014. (eef)
June 4, 2014 Opinion or Order Filing 14 MOTION for Leave to Appear Pro Hac Vice as to Christopher C. Marquardt Filing fee $ 276, receipt number 0419-2330668. by Avery Chapman, Chapman Legal Group, Taryn Hartnett. (Calloway, Mark). Motions referred to David S. Cayer.
May 29, 2014 Opinion or Order Filing 13 ORDER granting #12 Motion for Extension of Time to Answer re #1 Complaint. Avery Chapman answer due 6/19/2014; Chapman Legal Group answer due 6/20/2014; Taryn Hartnett answer due 6/19/2014. Signed by Magistrate Judge David S. Cayer on 5/29/2014. (eef)
May 27, 2014 Opinion or Order Filing 12 MOTION for Extension of Time to Answer by Avery Chapman, Chapman Legal Group, Taryn Hartnett. (Calloway, Mark). Motions referred to David S. Cayer.
May 27, 2014 Opinion or Order Filing 11 NOTICE of Appearance by Mark Timothy Calloway on behalf of All Defendants (Calloway, Mark)
May 9, 2014 Opinion or Order Filing 8 Corporate Disclosure Statement by Smith and Sons Enterprises, LLC (Terpening, William)
May 9, 2014 Opinion or Order Filing 7 Corporate Disclosure Statement by Clovis Capital Ventures, LLC (Terpening, William)
May 9, 2014 Opinion or Order Filing 6 Corporate Disclosure Statement by Smith Clovis Capital Holdings, LLC (Terpening, William)
May 9, 2014 Opinion or Order Filing 5 Corporate Disclosure Statement by Fortis Capital Holdings, LLC (Terpening, William)
May 9, 2014 Opinion or Order Filing 4 Corporate Disclosure Statement by DRS Family Management, LLC (Terpening, William)
May 9, 2014 Opinion or Order Filing 3 SUMMONS Returned Executed by Clovis Capital Ventures, LLC, DRS Family Management, LLC, Smith and Sons Enterprises, LLC, Mary Luczak-Smith, Fortis Capital Holdings, LLC, Douglas R Smith, Smith Clovis Capital Holdings, LLC. All Defendants. (Terpening, William)
May 8, 2014 Opinion or Order Filing 2 Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (eef)
May 8, 2014 Opinion or Order Filing 1 COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 400 receipt number 0419-2304314), filed by Clovis Capital Ventures, LLC, DRS Family Management, LLC, Smith and Sons Enterprises, LLC, Mary Luczak-Smith, Fortis Capital Holdings, LLC, Douglas R Smith, Smith Clovis Capital Holdings, LLC. (Attachments: #1 Cover Sheet Civil)(Terpening, William)
May 8, 2014 Opinion or Order Case assigned to Chief Judge Frank D. Whitney and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(eef)
May 8, 2014 Opinion or Order Clerk's Entry and Service of #Initial Scheduling Order and #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. (eef)

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Search for this case: Smith et al v. Chapman et al
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Plaintiff: Douglas R. Smith
Represented By: James Carlos Smith
Represented By: Jefferson Andrew Moors
Represented By: Jonathan Edward Schulz
Represented By: William R. Terpening
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Plaintiff: Mary Luczak-Smith
Represented By: James Carlos Smith
Represented By: Jefferson Andrew Moors
Represented By: Jonathan Edward Schulz
Represented By: William R. Terpening
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Plaintiff: DRS Family Management, LLC
Represented By: James Carlos Smith
Represented By: Jefferson Andrew Moors
Represented By: Jonathan Edward Schulz
Represented By: William R. Terpening
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Plaintiff: Fortis Capital Holdings, LLC
Represented By: James Carlos Smith
Represented By: Jefferson Andrew Moors
Represented By: Jonathan Edward Schulz
Represented By: William R. Terpening
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Plaintiff: Smith Clovis Capital Holdings, LLC
Represented By: James Carlos Smith
Represented By: Jefferson Andrew Moors
Represented By: Jonathan Edward Schulz
Represented By: William R. Terpening
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Plaintiff: Clovis Capital Ventures, LLC
Represented By: James Carlos Smith
Represented By: Jefferson Andrew Moors
Represented By: Jonathan Edward Schulz
Represented By: William R. Terpening
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Plaintiff: Smith and Sons Enterprises, LLC
Represented By: James Carlos Smith
Represented By: Jefferson Andrew Moors
Represented By: Jonathan Edward Schulz
Represented By: William R. Terpening
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Defendant: Avery Chapman
Represented By: Brian D. Boone
Represented By: Christopher Marquardt
Represented By: Mark Timothy Calloway
Represented By: Scott Gardner Hawkins
Represented By: Jason A McGrath
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Defendant: Taryn Hartnett
Represented By: Brian D. Boone
Represented By: Christopher Marquardt
Represented By: Mark Timothy Calloway
Represented By: Scott Gardner Hawkins
Represented By: Jason A McGrath
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Defendant: Chapman Legal Group doing business as Chapman Law Group, PLLC
Represented By: Brian D. Boone
Represented By: Christopher Marquardt
Represented By: Mark Timothy Calloway
Represented By: Scott Gardner Hawkins
Represented By: Jason A McGrath
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Defendant: DRS Family Holdings LLC
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Defendant: DRS 2011 FAMILY TRUST
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Defendant: Philip E Gaucher
Represented By: Jennifer Michelle Houti
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Defendant: Marcus Sowinski
Represented By: Mark Raymond Kutny
Represented By: Allan S. Reiss
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Defendant: Victor J. Cook
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Defendant: It's A Project, LLC
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Petitioner: Brian Eberhard
Represented By: Randall Joseph Phillips
Represented By: George Roselle Fusner, Jr.
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Interested party: Laboratory Equipment Holdings, LLC
Represented By: Debbie W. Harden
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Interested party: Physicians Choice Laboratory Services, LLC
Represented By: Debbie W. Harden
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Counter claimant: Chapman Legal Group
Represented By: Brian D. Boone
Represented By: Christopher Marquardt
Represented By: Mark Timothy Calloway
Represented By: Scott Gardner Hawkins
Represented By: Jason A McGrath
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