Vinco Ventures, Inc. et al v. Milam Knecht and Warner, LLP et al
| VINCO VENTURES, INC., EDISON NATION, INC., CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, Kevin Ferguson and BRETT VROMAN |
| MILAM KNECHT & WARNER, LLP, MICHAEL D. MILAM, GERALD WHITT, ALEXANDER WHITT, DAVID KNECHT, REX OURS, MATTHEW WHITT, CHRISTOPHER WHITT, DEBORAH MILAM, TIFFANY W. TAI and JOHN DOES, 1-50 |
| 2:2021cv08333 |
| October 21, 2021 |
| US District Court for the Central District of California |
| Stanley Blumenfeld |
| Alicia G Rosenberg |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 63
MINUTE ORDER IN CHAMBERS - ORDER OF DISMISSAL by Judge Stanley Blumenfeld, Jr re: Stipulation to Dismiss Case #62 . Pursuant to the Stipulation of Voluntary Dismissal with Prejudice filed today, Dkt. No. 62, this action is dismissed in its entirety with prejudice. (Made JS-6. Case Terminated.) (mrgo)
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| Filing 62 STIPULATION to Dismiss Case pursuant to Joint Stipulation of Parties Based on Settlement filed by Plaintiffs CHRISTOPHER B. FERGUSON, Kevin Ferguson, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN.(Jauregui, Eddie) |
| Filing 61 NOTICE of Appearance filed by attorney Eddie A. Jauregui on behalf of Plaintiffs CHRISTOPHER B. FERGUSON, Kevin Ferguson, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN (Attorney Eddie A. Jauregui added to party CHRISTOPHER B. FERGUSON(pty:pla), Attorney Eddie A. Jauregui added to party Kevin Ferguson(pty:pla), Attorney Eddie A. Jauregui added to party PHILLIP MCFILLIN(pty:pla), Attorney Eddie A. Jauregui added to party VINCO VENTURES, INC. (pty:pla), Attorney Eddie A. Jauregui added to party BRETT VROMAN(pty:pla))(Jauregui, Eddie) |
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Filing 60
ORDER SETTING SCHEDULING CONFERENCE by Judge Stanley Blumenfeld, Jr. The Court sets an in-person Scheduling Conference for 11/19/2021 at 08:30 AM before Judge Stanley Blumenfeld Jr.. The parties shall file the Joint Rule 26(f) Report no later than 10 days before the scheduling conference and deliver it to Judge Blumenfelds Chambers email (in Word format). (vcr)
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Filing 59
CIVIL STANDING ORDER upon filing of the complaint by Judge Stanley Blumenfeld, Jr. (vcr)
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| Filing 58 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joseph M. Profy on behalf on Defendant. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 57 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Conor R. McCabe on behalf on Defendant. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 56 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joshua B. Ladov on behalf on Plaintiffs. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 55 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 54 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 53 NOTICE OF ASSIGNMENT to District Judge Stanley Blumenfeld, Jr and Magistrate Judge Alicia G. Rosenberg. (ghap) |
| Filing 52 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 5:20-cv-06577-JFL, from Eastern District of Pennsylvania (Allentown). The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-cv-8333 SB (AGR). (ghap) |
| Filing 51 ORIGINAL file, certified copy of transfer order and docket sheet received from Pennsylvania Eastern |
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Filing 50
ORDER OF 10/20/21 THAT FOR THE REASONS SET FORTH IN THIS COURT'S OPINION AND ORDER DATED 9/28/21, WHICH INDICATED THAT ANY DECISION REGARDING THIS COURT'S EXERCISE OF PENDANT VENUE WOULD BE HELD IN ABEYANCE UNTIL THE TIME FOR PLAINTFF'S TO AMEND HAS PASSED, ECF NOS. 46 AND 47, AND CONSIDERING THAT THE TIME FOR PLAITNFFS TO AMEND HAS PASSED WITHOUT THE FILING OF AN AMENDED COMPLAINT, IT IS ORDERED THAT: PLAINTFFS' CLAIMS IN COURTS IV, V, VI, VIII, IX AND X AS ALLEGED AGAINST DEFENDANTS MICHAEL D. MILAM AND DAVID KNECHT ARE DISMISSED WITH PREJUDICE. ETC. THE COURT DECLINES TO EXERCISE PENDANT VENUE OVER COUNTS I, III, AND III. ETC. THE CLERK IS DIRECTED TO TRANSFER COUNTS I, II, AND III TO THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA. ETC. DEFENDANTS DAVID KNECHT; MICHAEL D. MILAM; AND MILAM KNECHT & WARNER, LLP; AND REX OURTS, ONLY, ARE TERMINATED FORM THIS ACTION. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 10/20/21. 10/21/21 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 10/22/2021.]
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| Filing 49 ANSWER to #28 Amended Complaint,,,,, with Affirmative Defenses by GERALD WHITT.(PROFY, JOSEPH) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
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Filing 48
STIPULATION AND ORDER OF 10/8/21 THAT PLAINTFFS DO NOT INTEND TO FILE A SECOND AMENDED COMPLAINT AS TO DEFENDANT GERALD WHITT. THE TIME FOR DEFENDANT GERALD WHITT TO FILE HIS ANSWER TO PLAINTFFS' AMENDED COMPLAINT IS HEREBY EXTENDED UNTIL OCTOBER 18, 2021. ETC. SINCE THE COURT HAS NOT ENTERED A RULE 16 SCHEDULING ORDER, THE COURT GRANTED PLAINTFFS LEAVE TO AMEND THEIR COMPLAINT UNTIL 10/18/21, THE RELIEF REQUESTED HEREIN WILL HAVE NO EFFECT ON OTHER EXISTING DEADLINES. ETC. SIGNED BY JUDGE:JOSEPH F. LEESON JR ON 10/8/21. 10/8/21 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 10/22/2021.]
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Filing 47
ORDER OF 9/28/21 THAT FOR THE REASONS SET FORTH IN THE COURT'S OPINION ISSUED THIS DATE IT IS ORDERED THAT: DEFENDANTS' MOTION TO STAY OR DISMISS ECF NO. 31, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: a. DEFENDANTS' REQUEST THAT THIS COURT ABSTAIN FROM EXERCISING JURISDICTION OVER THIS MATTER IS DENIED. b. PLAINTFF'S CLAIMS IN COUNTS IV, V, VI, VIII, IX, AND X ARE ALLEGED AGAINST DEFENDANT MICHAEL D. MILAM AND DAVID KNECHT ARE DISMISSED WITHOUT PREJUDICE. ANY DECISION REGARDING THIS COURT'S EXERCISE OF PENDENT VENUE OVER COUNTS I, II AND III IS HELD IN ABEYANCE PENDING THE EXPIRY OF THE DEADLINE FOR PLAINTFFS TO AMEND THEIR AMENDED COMPLAINT. PLAINTFFS ARE GRANTED LEAVE TO AMEND THEIR AMENDED COMPLAINT AS TO ONLY THOSE CLAIMS DISMISSED WITHOUT PREJUDICE, WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 9/28/21. 9/28/21 ENTERED AND COPIES E-MAILED. (DT) (dt, ). [Transferred from Pennsylvania Eastern on 10/22/2021.]
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| Filing 46 MEMORANDUM AND/OR OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/28/21. 9/28/21 ENTERED AND COPIES E-MAILED.(dt, ) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
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Filing 45
ORDER OF 9/27/21 THAT FOR THE REASONS SET FORTH IN THE COURT'S OPINION ISSUED THIS DATE, IT IS HEREBY ORDERED THAT: THEMOTION TO DISMISS, ECF NO. 30, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: a. DEFENDANT ALEXANDER WHITT, CHRISTOPHER WHITT, MATTHEW WHITT, AND DEBORAH MILAM ARE DISMISSED FOR LACK OF PERSONAL JURISDICTION. ACCORDINGLY, THE ABOVE-LISTED DEFENDANTS, ONLY GERALD WHITT REMAINS. b. THE FOLLOWING CLAIMS ARE DISMISSED AGAINST GERALD WHITT WITHOUT PREJUDICE. (COUNT IV), (VI), (VII), (IX). c. THE FOLLOWING CLAIMS MAY PROCEED AS PLEADED AGAINST GERALD WHITT: (COUNT VIII), (COUNT X); (COUNT V). PLAINTIFF'S ARE GRANTED LEAVE TO AMEND THEIR COMPLAINT, AS TO THOSE CLAIMS DISMISSED AS AGAINST GERALD WHITT, ONLY, WITHOUT PREJUDICE, WITHIN TWENTY (20) DAYS OF THE DATE OF THIS ORDER. SIGNED BY JOSEPH F. LEESON JR ON 9/27/21. 9/27/21 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 10/22/2021.]
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| Filing 44 MEMORANDUM AND/OR OPINION. SIGNED BY JUDGE JOSEPH F. LEESON, JR ON 9/27/21. 9/27/21 ENTERED AND COPIES E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
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Filing 43
ORDER THAT TAI'S MOTION TO DISMISS, ECF NO. 32, IS GRANTED. THE CLERK OF COURT IS DIRECTED TO TERMINATE TAI, ONLY, AS A PARTY TO THIS ACTION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/10/21. 9/10/21 ENTERED AND COPIES E-MAILED.(er, )[Transferred from Pennsylvania Eastern on 10/22/2021.]
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| Filing 42 OPINION. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 9/10/21. 9/10/21 ENTERED AND COPIES E-MAILED.(er, ) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 41 REPLY in Support re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by TIFFANY W. TAI. (DOUGHERTY, CANDIDUS) Modified on 5/4/2021 (fb). [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 40 REPLY Brief in Support re #31 Second MOTION to Dismiss or Stay filed by DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS. (LUONGO, MICHAEL) Modified on 5/4/2021 (fb). [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 39 Memorandum in Support re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FED. R. CIV. P. 12(b)(2), 12(b)(3), AND 12(b)(6) filed by DEBORAH MILAM, ALEXANDER WHITT, CHRISTOPHER WHITT, GERALD WHITT, MATTHEW WHITT. (PROFY, JOSEPH) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 38 NOTICE of Withdrawal of Appearance by ANDREW P. CARROLL on behalf of DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS(CARROLL, ANDREW) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 37 NOTICE of Appearance by MICHAEL P. LUONGO on behalf of DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS with Certificate of Service(LUONGO, MICHAEL) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 36 RESPONSE in Opposition re #31 Second MOTION to Dismiss or Stay of Defendants, Michael D. Milam, David Knecht, Rex Ours and Milam, Knecht & Warner LLP, filed by CHRISTOPHER B. FERGUSON, KEVIN FERGUSON, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order (alternative), #3 Memorandum, #4 Exhibit A - Phillip McFillin Declaration, #5 Certificate of Service)(LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 35 RESPONSE in Opposition re #32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction of Defendant, Tiffany W. Tai, filed by CHRISTOPHER B. FERGUSON, KEVIN FERGUSON, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order (alternative), #3 Memorandum, #4 Exhibit A - Declaration of Phillip McFillin, #5 Certificate of Service)(LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 34 RESPONSE in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FED. R. CIV. P. 12(b)(2), 12(b)(3), AND 12(b)(6) of Defendants, Gerald Whitt, Alexander Whitt, Matthew Whitt, Christopher Whitt, and Deborah Milam filed by CHRISTOPHER B. FERGUSON, KEVIN FERGUSON, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order (in the alternative), #3 Memorandum, #4 Exhibit A - Declaration of Phillip McFillin, #5 Certificate of Service)(LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 33 RESPONSE in Opposition re #30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FED. R. CIV. P. 12(b)(2), 12(b)(3), AND 12(b)(6) of Defendants, Gerald Whitt, Alexander Whitt, Matthew Whitt, Christopher Whitt, and Deborah Milam filed by CHRISTOPHER B. FERGUSON, KEVIN FERGUSON, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN. (FILED IN ERROR BY ATTORNEY; SEE PAPER #34 FOR CORRECT FILING). (LADOV, JOSHUA) Modified on 4/27/2021 (fb). [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by TIFFANY W. TAI.Memorandum, Affidavit, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Non-Concurrence, #4 Certificate of Service, #5 Exhibit A, #6 Exhibit B (Affidavit), #7 Exhibit C (Affidavit), #8 Exhibit D)(DOUGHERTY, CANDIDUS) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 31 Second MOTION to Dismiss or Stay filed by DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS.Brief, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Exhibit A and B)(CARROLL, ANDREW) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 30 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction PURSUANT TO FED. R. CIV. P. 12(b)(2), 12(b)(3), AND 12(b)(6) filed by DEBORAH MILAM, ALEXANDER WHITT, CHRISTOPHER WHITT, GERALD WHITT, MATTHEW WHITT.Memorandum. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Memorandum MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(2), 12(b)(3), AND 12(b)(6), #3 Exhibit MTD Exhibits A-E)(PROFY, JOSEPH) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
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Filing 29
ORDER OF 3/30/21 THAT DEFENDANT'S MOTIONS TO DISMISS (ECF 25, 26 & 27) WHICH WERE FILED ON 3/8/21 AND OF THE AMENDED COMPLAINT FILED ON 3/29/21 (ECF NO. 28) IT IS ORDERED THAT THE MOTIONS TO DISMISS ARE DENIED AS MOOT. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 3/31/21. 3/31/21 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 10/22/2021.]
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| Filing 28 AMENDED COMPLAINT against All Defendants All Defendants., filed by VINCO VENTURES, INC., BRETT VROMAN, CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, KEVIN FERGUSON. (Attachments: #1 Exhibit EXHIBIT 1 - 6.4.18 Cloud B Assignment of Loan and Security Agreement Executed (REDACTED), #2 Exhibit EXHIBIT 2 - Edison_Nation_-_Cloud_B_SPA_(execution_version)_4812-7538-4441_v4 (NRN), #3 Exhibit EXHIBIT 3 - 2019-01-29 Notification of Disposition of Collateral (Public) (NRN), #4 Exhibit EXHIBIT 4 - 2011-2013 DIST NET INCOME LOAN CHART (NRN), #5 Exhibit EXHIBIT 5 - Diversions 2011-2018, #6 Exhibit EXHIBIT 6 - Cloud b 2011-2018 Year over Year Sales (NRN), #7 Exhibit EXHIBIT 7 - Complaint 10-27-2020 (NRN), #8 Exhibit EXHIBIT 8 - Email GWhitt Civil Extortion 11-29-2020_Redacted, #9 Exhibit EXHIBIT 9 - Whitt Demands Payments on line of credit, #10 Exhibit EXHIBIT 10 - BOD_minutes_1_8_18 (NRN), #11 Exhibit EXHIBIT 11 - GWhitt stop payments Email 1_22_18 (NRN), #12 Exhibit EXHIBIT 12 - Cloud b Master Purchasing Agreement 5-18-2018 (NRN), #13 Exhibit EXHIBIT 13 - Cloud B Payments MASTER PURCHASE AGREEMENT, #14 Exhibit EXHIBIT 14 - TRANSFER STATEMENT (NRN), #15 Exhibit EXHIBIT 15 - NDA_Cloudb_ SRM (NRN), #16 Exhibit EXHIBIT 16 - Tiffany Tai Investigation email 9-7-2018 (NRN), #17 Exhibit EXHIBIT 17 - 142 Possible Bidder Robert Farias 2-8-2019 (NRN), #18 Certificate of Service)(LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction filed by TIFFANY W. TAI.Memorandum, Affidavit, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum, #3 Certificate of Non-Concurrence, #4 Certificate of Service, #5 Exhibit A, #6 Exhibit B (Affidavit))(DOUGHERTY, CANDIDUS) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 26 MOTION to Dismiss filed by DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS.Brief, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Certificate of Service, #4 Exhibit A, #5 Exhibit B)(CARROLL, ANDREW) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DEBORAH MILAM, ALEXANDER WHITT, CHRISTOPHER WHITT, GERALD WHITT, MATTHEW WHITT.Motion to Dismiss, Memorandum of Law, Certificate of Service and Certificate of Non-Concurrence. (Attachments: #1 Memorandum of Law in Support of MTD and COS, #2 Exhibit MTD Exhibits A-E, #3 Certificate of Service Cert of Non Concurrence, #4 Text of Proposed Order Proposed Order)(PROFY, JOSEPH) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
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Filing 24
ORDER OF 3/5/21 THAT UPON CONSIDERATION OF THE JOINT STIPULTION FOR EXTENSION OF TIME SUBMITTED BY DEFENDANT TIFFANY W. TAI, IT IS ORDERD THAT: THE JOINT STIPULATION IS APPROVED AND GRANTED IN PART AND DISAPPROVED AND DENIED IN PART. THE SIGNATORY DEFENDANT'S TIME TO ANSWER ONLY-AND NO OTHER ERSPONSIVE PLEADING IS EXTENDED UNTIL MARCH 15, 2021. ANY AND ALL OTHER NON-ANSWER RESPONSIVE PLEADINGS SHALL REMAIN DUE ON MARCH 8, 2021. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 3/5/21. 3/5/21 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 10/22/2021.]
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Filing 23
ORDER OF 3/5/21 THAT UPON CONSIDERATION OF THE JOINT STIPULATION FOR EXTENSION OF TIME SUBMITTED BY GERALD WHITT, ALEXANDER WHITT, MATTHEW WHITT, CHRISTOPHER WHITT AND DEBORAH MILAM, IT IS ORDERED THAT: THE JOINT STIPULATION IS APPROVED AND GRANTED IN PART AND DISAPPROVED AND DENIED IN PART. THE SIGNATORY DEFENDANTS' TIME TO FILE AN ANSWER ONLY-AND NO OTHER RESPONSIVE PLEADING IS EXTENDED UNTIL MARCH 15, 2021. SIGNED BY JUDGE: JOSEPH F. LEESON JR ON 3/5/21. 3/5/21 ENTERED AND COPIES E-MAILED. (DT) [Transferred from Pennsylvania Eastern on 10/22/2021.]
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| Filing 22 NOTICE of Appearance by CONOR R. MCCABE on behalf of DEBORAH MILAM, ALEXANDER WHITT, CHRISTOPHER WHITT, GERALD WHITT, MATTHEW WHITT with Certificate of Service(MCCABE, CONOR) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 21 NOTICE of Appearance by JOSEPH M. PROFY on behalf of DEBORAH MILAM, ALEXANDER WHITT, CHRISTOPHER WHITT, GERALD WHITT, MATTHEW WHITT (PROFY, JOSEPH) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
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Filing 20
ORDER OF 2/25/21 THAT THE APPLICATION OF J. ANDREW WRIGHT, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. ATTORNEY J. ANDREW WRIGHT for DAVID KNECHT,J. ANDREW WRIGHT for MICHAEL D. MILAM,J. ANDREW WRIGHT for MILAM KNECHT & WARNER, LLP,J. ANDREW WRIGHT for REX OURS ADDED.. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 2/25/21. 2/25/21 ENTERED AND COPIES MAILED TO UNREP PARTIES AND E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 10/22/2021.]
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| Filing 19 AMENDED DOCUMENT by DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS. Amendment to #18 APPLICATION for Admission Pro Hac Vice (Credit Card) . (CARROLL, ANDREW) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 18 APPLICATION for Admission Pro Hac Vice of J. Andrew Wright by DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS. ( Filing fee $ 40 receipt number 0313-14935331.). (CARROLL, ANDREW) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 17 NOTICE of Appearance by CANDIDUS K. DOUGHERTY on behalf of TIFFANY W. TAI with Certificate of Service(DOUGHERTY, CANDIDUS) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 16 WAIVER OF SERVICE Returned Executed by VINCO VENTURES, INC., BRETT VROMAN, CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, KEVIN FERGUSON. DEBORAH MILAM waiver sent on 1/5/2021, answer due 3/8/2021. (LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 15 WAIVER OF SERVICE Returned Executed by VINCO VENTURES, INC., BRETT VROMAN, CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, KEVIN FERGUSON. GERALD WHITT waiver sent on 1/5/2021, answer due 3/8/2021. (LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 14 NOTICE of Appearance by JONATHAN S. ZISS on behalf of DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS with Certificate of Service(ZISS, JONATHAN) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 13 NOTICE of Appearance by ANDREW P. CARROLL on behalf of DAVID KNECHT, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS with Certificate of Service(CARROLL, ANDREW) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 12 WAIVER OF SERVICE Returned Executed by VINCO VENTURES, INC., BRETT VROMAN, PHILLIP MCFILLIN, KEVIN FERGUSON. MATTHEW WHITT waiver sent on 1/5/2021, answer due 3/8/2021. (LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 11 WAIVER OF SERVICE Returned Executed by VINCO VENTURES, INC., BRETT VROMAN, CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, KEVIN FERGUSON. CHRISTOPHER WHITT waiver sent on 1/5/2021, answer due 3/8/2021. (LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 10 WAIVER OF SERVICE Returned Executed by VINCO VENTURES, INC., BRETT VROMAN, CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, KEVIN FERGUSON. ALEXANDER WHITT waiver sent on 1/5/2021, answer due 3/8/2021. (LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by VINCO VENTURES, INC..(LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by VINCO VENTURES, INC., BRETT VROMAN, CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, KEVIN FERGUSON. DAVID KNECHT waiver sent on 1/5/2021, answer due 3/8/2021; MICHAEL D. MILAM waiver sent on 1/5/2021, answer due 3/8/2021; MILAM KNECHT & WARNER, LLP waiver sent on 1/5/2021, answer due 3/8/2021; REX OURS waiver sent on 1/5/2021, answer due 3/8/2021. (LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 7 NOTICE of Appearance by JEFFREY B. MCCARRON on behalf of TIFFANY W. TAI with Certificate of Service(MCCARRON, JEFFREY) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 6 WAIVER OF SERVICE Returned Executed by VINCO VENTURES, INC., BRETT VROMAN, CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, KEVIN FERGUSON. TIFFANY W. TAI waiver sent on 1/5/2021, answer due 3/8/2021. (LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 5 REQUEST FOR WAIVER of Service sent to 1) officer or authorized agent of Milam Knecht & Warner, LLP; 2) Michael D. Milam; 3) David Knecht; 4) Deborah Milam; 5) Gerald Whitt; 6) Rex Ours; 7) Alexander Whitt; 8) Christopher Whitt; 9) Matthew Whitt; and 10) Tiffany Tai on 01/05/2021 by CHRISTOPHER B. FERGUSON, KEVIN FERGUSON, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN. Waiver of Service due by 2/4/2021. (LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
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Filing 4
INITIAL PROCEDURAL ORDER OF 1/5/21.. SIGNED BY JUDGE: JOSEPH F. LEESON, JR ON 1/5/21. 1/5/21 ENTERED AND COPIES E-MAILED.(DT) [Transferred from Pennsylvania Eastern on 10/22/2021.]
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| Summons Issued as to DAVID KNECHT, PHILLIP MCFILLIN, DEBORAH MILAM, MICHAEL D. MILAM, MILAM KNECHT & WARNER, LLP, REX OURS, TIFFANY W. TAI, ALEXANDER WHITT, CHRISTOPHER WHITT, GERALD WHITT, MATTHEW WHITT. Forwarded To: EMAILED TO PLAINTIFF'S COUNSEL on 1/5/21 (JL) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 3 Praecipe to substitute the attached first page of Plaintiffs Complaint with the first page of that which was filed on 12/31/20 at Docket Entry No.1 by CHRISTOPHER B. FERGUSON, KEVIN FERGUSON, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN. (Attachments: #1 Supplement Substituted first page of complaint)(LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 2 Praecipe to attach the attached exhibit pages numbered 1 through 17 as the first page of each of exhibits 1 through 17 filed with Plaintiffs Complaint by CHRISTOPHER B. FERGUSON, KEVIN FERGUSON, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN. (Attachments: #1 Exhibit Exhibit sheets numbered 1 - 17)(LADOV, JOSHUA) Modified on 1/4/2021 (md, ). [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| DEMAND for Trial by Jury by CHRISTOPHER B. FERGUSON, KEVIN FERGUSON, PHILLIP MCFILLIN, VINCO VENTURES, INC., BRETT VROMAN. (JL ) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
| Filing 1 COMPLAINT WITH JURY DEMAND against All Defendants ( Filing fee $ 402 receipt number 0313-14813780.), filed by VINCO VENTURES, INC., BRETT VROMAN, CHRISTOPHER B. FERGUSON, PHILLIP MCFILLIN, KEVIN FERGUSON. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Designation Form Designation Form (in duplicate), #3 Exhibit EXHIBIT 1 - 6.4.18 Cloud B Assignment of Loan and Security Agreement Executed (REDACTED), #4 Exhibit EXHIBIT 2 - Edison_Nation_-_Cloud_B_SPA_(execution_version), #5 Exhibit EXHIBIT 3 - 2019-01-29 Notification of Disposition of Collateral (Public), #6 Exhibit EXHIBIT 4 - 2011-2013 DIST NET INCOME LOAN CHART, #7 Exhibit EXHIBIT 5 - Diversions 2011-2018, #8 Exhibit EXHIBIT 6 - Cloud b 2011-2018 Year over Year Sales, #9 Exhibit EXHIBIT 7 - Complaint 10-27-2020, #10 Exhibit EXHIBIT 8 - Email GWhitt Civil Extortion 11-29-2020, #11 Exhibit EXHIBIT 9 - Whitt Demands Payments on line of credit, #12 Exhibit EXHIBIT 10 - BOD_minutes_1_8_18, #13 Exhibit EXHIBIT 11 - GWhitt stop payments Email 1_22_18, #14 Exhibit EXHIBIT 12 - Cloud b Master Purchasing Agreement 5-18-2018, #15 Exhibit EXHIBIT 13 - Cloud B Payments MASTER PURCHASE AGREEMENT, #16 Exhibit EXHIBIT 14 - TRANSFER STATEMENT, #17 Exhibit EXHIBIT 15 - NDA_Cloudb_ SRM, #18 Exhibit EXHIBIT 16 - Tiffany Tai Investigation email 9-7-2018, #19 Exhibit EXHIBIT 17 - 142 Possible Bidder Robert Farias 2-8-2019)(LADOV, JOSHUA) [Transferred from Pennsylvania Eastern on 10/22/2021.] |
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