Mullervy v. CAH Holding, Inc.
Plaintiff: Mark Mullervy
Defendant: CAH Holding, Inc., Cobbs, Allen & Hall, Incorporated and CAH Holdings Inc
Case Number: 2:2022cv00174
Filed: February 9, 2022
Court: US District Court for the Northern District of Alabama
Presiding Judge: Staci G Cornelius
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 28, 2022 Opinion or Order Filing 41 Counter-Defendant Mark Mullervy's ANSWER to Counterclaim by Mark Mullervy.(Levine, Mark)
March 7, 2022 Opinion or Order Filing 40 ANSWER to #1 Complaint , COUNTERCLAIM by CAH Holdings, Inc. and Cobbs, Allen & Hall, Inc. against Mark Mullervy by CAH Holdings Inc. (Attachments: #1 Exhibit A - Employment Agreement effective 05.04.2017, #2 Exhibit B - Fourth Amended and Restated Restrictive Stock Transfer Agreement as of 12.31.2018, #3 Exhibit C - Complaint in Marsh USA, Inc. v. Karey Vaught, et al., #4 Exhibit D - Alliant Asset Purchase Agreement 10.01.2019, #5 Exhibit E - Subordinated Non-Negotiable Promissory Note 12.16.2019, #6 Exhibit F - Non-Negotiable Promissory Note 09.11.2020, #7 Exhibit G - Good Cause Notice 10.08.2020, #8 Exhibit H - Promissory Note Balance Reduction Letter 10.29.2021)(Choy, Michael)
March 7, 2022 Opinion or Order Filing 39 ORDER regarding compliance with Rule 26; Rule 26 Meeting Report due by 4/11/2022; Signed by Magistrate Judge Staci G Cornelius on 3/7/2022. (BST, )
March 7, 2022 Opinion or Order Filing 38 INITIAL ORDER. Signed by Magistrate Judge Staci G Cornelius on 3/7/2022. (BST, )
March 4, 2022 Opinion or Order Filing 37 CONSENT to Jurisdiction by US Magistrate Judge by Mark Mullervy, CAH Holdings Inc. (KEK)
March 4, 2022 Opinion or Order Filing 36 TEXT ORDER: During the March 4, 2022 telephone conference, counsel for the plaintiff confirmed the docket sheet for this case erroneously identifies Cobbs, Allen & Hall, Incorporated, as a defendant. Accordingly, the Clerk is DIRECTED to TERM this defendant. Signed by Magistrate Judge Staci G Cornelius on 3/4/2022. (KEK)
March 4, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Staci G Cornelius: Telephone Conference held on 3/4/2022. (BST)
February 25, 2022 Opinion or Order Filing 35 TEXT ORDER: The telephone conference set for March 3, 2022, is RESET for March 4, 2022, at 10:00 A.M. Signed by Magistrate Judge Staci G Cornelius on 02/25/2022. (AKD)
February 25, 2022 Opinion or Order Filing 34 TEXT ORDER: The motion seeking leave for Mark J. Levine to appear pro hac vice on behalf of the plaintiff in this action #32 is GRANTED. Signed by Magistrate Judge Staci G Cornelius on 02/25/2022. (AKD)
February 18, 2022 Opinion or Order Filing 33 NOTICE of Appearance by R Brett Adair on behalf of Mark Mullervy (Adair, R)
February 17, 2022 Opinion or Order Filing 32 MOTION for Leave to Appear Pro Hac Vice Mark J. Levine Motion is RIPE 2/17/2022. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Plaintiff Mark Mullvery. (Attachments: #1 Exhibit Declaration, #2 Exhibit Certificates of Good Standing, #3 Exhibit Consent to serve as local counsel)(Adair, R) Modified on 2/17/2022 (AKD).
February 17, 2022 Opinion or Order PHV Fee paid: $ 75, receipt number 1126-4015836 (ALND receipt# B4601118589). (Adair, R) Modified on 2/17/2022 (AKD).
February 15, 2022 Opinion or Order Filing 31 TEXT ORDER:Varant Yegparian has filed a motion to withdraw as counsel of record for the defendant in this action #30 ). The motion is GRANTED. The defendant will continue to be represented by Michael K.K. Choy, Benjamin B. Coulter, and Ellen T. Matthews. Signed by Magistrate Judge Staci G Cornelius on 02/15/2022. (AKD)
February 14, 2022 Opinion or Order Filing 30 Unopposed MOTION to Withdraw as Attorney [Varant Yegparian for Defendant CAH Holdings, Inc.] Motion is RIPE 2/14/2022. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by CAH Holdings Inc. (Choy, Michael)
February 14, 2022 Opinion or Order Filing 29 ORDER - Pursuant to the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the parties are REQUIRED to enter an election regarding the exercise of dispositive jurisdiction by a magistrate judge pursuant to 28 U.S.C. 636(c) no later than March 25, 2022. In the absence of consent by all parties, the Clerk is hereby DIRECTED to reassign the case to a district judge without further order after March 25, 2022. A telephone status conference is hereby SET for March 3, 2022 at 10:00 a.m. The parties are DIRECTED to call 877-336-1831 to access the telephone conference. The access code is 2778178. The telephone conference will be cancelled if all forms are submitted twenty-four hours in advance. Signed by Magistrate Judge Staci G Cornelius on 02/14/2022. (AKD)
February 14, 2022 Opinion or Order Filing 28 ORDER-It does not appear the Texas district court ruled on the motion for extension of time to file a response to the plaintiff's complaint before transferring the case to this district court, and CAH Holdings has not filed a response to the plaintiff's complaint. It is ORDERED that CAH Holdings SHALL file its responsive pleading within 20 calendar days from the entry date of this order. The plaintiff is DIRECTED to file a notice within seven calendar days from the entry date of this order, clarifying whether he asserts claims against Cobbs, Allen & Hall. Finally, the docket incorrectly identifies the holding company defendant as CAH Holding, Inc., as opposed to CAH Holdings, Inc. (See, e.g., Doc. #1 at 1; Doc. #9 at 1). The Clerk is DIRECTED to amend the docket to reflect the correct spelling of this defendants name. Signed by Magistrate Judge Staci G Cornelius on 02/14/2022. (AKD)
February 10, 2022 Opinion or Order Filing 27 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD)
February 9, 2022 Opinion or Order Filing 26 Case transferred in from District of Texas Southern; Case Number 4:21-cv-03587. Original file certified copy of transfer order and docket sheet received.
February 9, 2022 Opinion or Order Filing 25 ORDER TO TRANSFER CASE to Northern District of Alabama, Southern Division (Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 2/9/2022.]
February 9, 2022 Opinion or Order Filing 24 ORDER granting #23 Motion for Benjamin Coulter to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 2/9/2022.]
February 9, 2022 Opinion or Order Minute Entry for proceedings held before Judge Keith P. Ellison. MOTION HEARING held on 2/9/2022. Argument heard on [Doc. 9] Motion to Transfer. For reasons stated on the record, Motion is GRANTED. Appearances: Varant Yegparian, Michael K K Choy, Benjamin B Coulter, Mark J Levine.(Court Reporter: L.Smith), filed.(arrivera, 4) [Transferred from Texas Southern on 2/9/2022.]
February 9, 2022 Opinion or Order Interdistrict transfer to Northern District of Alabama, Southern Division. Case transferred electronically. Case terminated on 2/9/2022, filed. (arrivera, 4) [Transferred from Texas Southern on 2/9/2022.]
February 8, 2022 Opinion or Order Filing 23 MOTION for Benjamin Coulter to Appear Pro Hac Vice by CAH Holding, Inc., filed. Motion Docket Date 3/1/2022. (Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
February 7, 2022 Opinion or Order Filing 22 NOTICE of Resetting as to #9 MOTION to Transfer Case to Northern District of Alabama. Parties notified. Motion Hearing set for 2/9/2022 at 10:30 AM in by telephone before Judge Keith P Ellison, filed. TIME CHANGE ONLY (arrivera, 4) [Transferred from Texas Southern on 2/9/2022.]
February 7, 2022 Opinion or Order Filing 21 NOTICE of Setting as to #9 MOTION to Transfer Case to Northern District of Alabama. Parties notified. Motion Hearing set for 2/9/2022 at 11:00 AM in by telephone before Judge Keith P Ellison, filed. (arrivera, 4) [Transferred from Texas Southern on 2/9/2022.]
January 20, 2022 Opinion or Order Filing 20 First REPLY in Support of #9 MOTION to Transfer Case to Northern District of Alabama, filed by CAH Holding, Inc.. (Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
January 20, 2022 Opinion or Order Filing 19 SCHEDULING ORDER. Trial Term: 3 Days. Bench Trial. Joinder of Parties due by 2/14/2022 Pltf Expert Witness List due by 8/15/2022. Deft Expert Witness List due by 9/12/2022. Discovery due by 11/15/2022. Dispositive Motion Filing due by 11/15/2022. Non-Dispositive Motion Filing due by 11/15/2022. Joint Pretrial Order due by 2/13/2023. Bench Trial set for 2/21/2023 at 09:00 AM in Courtroom 3A Houston before Judge Keith P Ellison(Signed by Judge Keith P Ellison) Parties notified.(ShoshanaArnow, 4) [Transferred from Texas Southern on 2/9/2022.]
January 20, 2022 Opinion or Order Filing 18 ORDER granting #16 Motion for Leave to File reply in support of Motion to Transfer Venue.(Signed by Judge Keith P Ellison) Parties notified.(arrivera, 4) [Transferred from Texas Southern on 2/9/2022.]
January 20, 2022 Opinion or Order initial conference is terminated. (arrivera, 4) [Transferred from Texas Southern on 2/9/2022.]
January 18, 2022 Opinion or Order Filing 17 Agreed JOINT DISCOVERY/CASE MANAGEMENT PLAN by CAH Holding, Inc., filed. (Attachments: #1 Proposed Order)(Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
January 18, 2022 Opinion or Order Filing 16 Unopposed MOTION for Leave to File to File Reply ISO Mtn to Transfer Venue by CAH Holding, Inc., filed. Motion Docket Date 2/8/2022. (Attachments: #1 Exhibit, #2 Proposed Order)(Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
January 6, 2022 Opinion or Order Filing 15 CERTIFICATE OF INTERESTED PARTIES by CAH Holding, Inc., filed.(Choy, Michael) [Transferred from Texas Southern on 2/9/2022.]
January 5, 2022 Opinion or Order Filing 14 CERTIFICATE OF INTERESTED PARTIES by Mark Mullervy, filed.(Levine, Mark) [Transferred from Texas Southern on 2/9/2022.]
December 14, 2021 Opinion or Order Filing 13 RESPONSE to #9 MOTION to Transfer Case to Northern District of Alabama filed by Mark Mullervy. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Levine, Mark) [Transferred from Texas Southern on 2/9/2022.]
November 29, 2021 Opinion or Order Filing 12 ORDER granting #8 Motion for Ellen T. Mathews to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) [Transferred from Texas Southern on 2/9/2022.]
November 29, 2021 Opinion or Order Filing 11 ORDER granting #7 Motion for Michael K K Choy to Appear Pro Hac Vice.(Signed by Judge Keith P Ellison) Parties notified.(gclair, 4) [Transferred from Texas Southern on 2/9/2022.]
November 23, 2021 Opinion or Order Filing 10 MOTION for Extension of Time To File Responsive Pleading/Answer by CAH Holding, Inc., filed. Motion Docket Date 12/14/2021. (Attachments: #1 Proposed Order)(Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
November 23, 2021 Opinion or Order Filing 9 MOTION to Transfer Case to Northern District of Alabama by CAH Holding, Inc., filed. Motion Docket Date 12/14/2021. (Attachments: #1 Exhibit A, #2 Proposed Order)(Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
November 23, 2021 Opinion or Order Filing 8 MOTION for Ellen T. Mathews to Appear Pro Hac Vice by CAH Holding, Inc., filed. Motion Docket Date 12/14/2021. (Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
November 23, 2021 Opinion or Order Filing 7 MOTION for Michael K.K. Choy to Appear Pro Hac Vice by CAH Holding, Inc., filed. Motion Docket Date 12/14/2021. (Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
November 23, 2021 Opinion or Order Filing 6 NOTICE of Appearance by Varant Yegparian on behalf of CAH Holding, Inc., filed. (Yegparian, Varant) [Transferred from Texas Southern on 2/9/2022.]
November 8, 2021 Opinion or Order Filing 5 RETURN of Service, filed.(Levine, Mark) [Transferred from Texas Southern on 2/9/2022.]
November 3, 2021 Opinion or Order Filing 4 Summons Issued as to CAH Holding, Inc.. Issued summons delivered to plaintiff by NEF, filed.(RachelWillborg, 4) [Transferred from Texas Southern on 2/9/2022.]
November 3, 2021 Opinion or Order Filing 3 ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 1/28/2022 at 04:30 PM in Courtroom 3A Houston before Judge Keith P Ellison. (Signed by Judge Keith P Ellison) Parties notified.(RachelSalazaradi, 4) [Transferred from Texas Southern on 2/9/2022.]
November 2, 2021 Opinion or Order Filing 2 Request for Issuance of Summons as to CAH Holding, Inc., filed.(Levine, Mark) [Transferred from Texas Southern on 2/9/2022.]
November 2, 2021 Opinion or Order Filing 1 COMPLAINT against CAH Holding, Inc. (Filing fee $ 402 receipt number 0541-27282937) filed by Mark Mullervy. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Levine, Mark) [Transferred from Texas Southern on 2/9/2022.]

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Plaintiff: Mark Mullervy
Represented By: Mark J Levine
Represented By: R Brett Adair
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Defendant: CAH Holding, Inc.
Represented By: Benjamin B Coulter
Represented By: Ellen T Mathews
Represented By: Michael K K Choy
Represented By: Varant Yegparian
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Defendant: Cobbs, Allen & Hall, Incorporated
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Defendant: CAH Holdings Inc
Represented By: Varant Yegparian
Represented By: Benjamin B Coulter
Represented By: Ellen T Mathews
Represented By: Michael K K Choy
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