The Savings Bank Mutual Life Insurance Company of Massachusetts v. Advantage One Brokers et al
| The Savings Bank Mutual Life Insurance Company of Massachusetts |
| Spencer Long, Madelynn Long, Veles Advantage, LLC, Advantage One Brokers and Christopher Curry |
| 1:2024cv00768 |
| July 1, 2024 |
| U.S. District Court for the District of Delaware |
| Maryellen Noreika |
| Contract: Recovery/Enforcement |
| 28 U.S.C. § 1332 Diversity-Account Receivable |
| Plaintiff |
Docket Report
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Filing 64
ORAL ORDER re #63 Joint Status Report - IT IS HEREBY ORDERED that the parties' request to continue the stay in this matter through 9/9/2024 is GRANTED. The parties shall file a further status report no later than 9/9/2024. ORDERED by Judge Maryellen Noreika on 8/8/2024. (dlw)
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| Filing 63 JOINT STATUS REPORT by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Mangan, Kevin) Modified on 8/8/2024 (dlw). |
| Filing 62 Return of Undeliverable Mail sent to Douglas B. Otto, Esq. (D.I. #54 Local Counsel Letter). Return to Sender, Insufficient Address, Unable to Forward. (jfm) |
| Filing 61 NOTICE of Appearance by Thomas Henry Kovach on behalf of Madelynn Long, Spencer Long (Attachments: #1 Certificate of Service)(Kovach, Thomas) |
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Filing 60
ORAL ORDER re #57 Status Report - IT IS HEREBY ORDERED that the parties' request to stay this matter for thirty (30) days is GRANTED. The parties shall file a further joint status report on or before 8/9/2024. ORDERED by Judge Maryellen Noreika on 7/9/2024. (dlw)
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SO ORDERED re #58 MOTION for Pro Hac Vice Appearance of Attorney Megan C. Deluhery filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. ORDERED by Judge Maryellen Noreika on 7/9/2024. (dlw)
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| Filing 59 Pro Hac Vice Fee - Credit Card Payment received for Megan C. Deluhery. ( Payment of $ 50, receipt number ADEDC-4446265).(Mangan, Kevin) |
| Filing 58 MOTION for Pro Hac Vice Appearance of Attorney Megan C. Deluhery - filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Mangan, Kevin) |
| Filing 57 Joint STATUS REPORT of the Parties Following Transfer by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Mangan, Kevin) Modified on 7/9/2024 (dlw). |
| Filing 56 NOTICE of Appearance by Stephanie S. Riley on behalf of The Savings Bank Mutual Life Insurance Company of Massachusetts (Riley, Stephanie) |
| Filing 55 NOTICE of Appearance by Kevin J. Mangan on behalf of The Savings Bank Mutual Life Insurance Company of Massachusetts (Mangan, Kevin) |
| Case Assigned to Judge Maryellen Noreika. Please include the initials of the Judge (MN) after the case number on all documents filed. (rjb) |
| Filing 54 Local Counsel Letter sent. Notice of Compliance deadline set for 7/31/2024. (jfm) |
| Filing 53 Record of case transferred in from District of Massachusetts; Case Number in Other District: 1:23-cv-11786. Copy of Docket Sheet and original file |
| Filing 52 Case transferred to the District of Delaware;. Original file certified copy of transfer order and docket sheet electronically sent to Clerk in that district. (Cooke, Melonie) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 51 District Judge Leo T. Sorokin ORDER entered: For the foregoing reasons, the Longs' Motion to Dismiss (Doc. No. #29 ) is DENIED insofar as it sought dismissal for lack of personal jurisdiction but ALLOWED IN PART to the extent that the Clerk shall TRANSFER this action to the United States District Court for the District of Delaware. Within seven days after this action is docketed in the District of Delaware, the parties shall file a joint status report with the District of Delaware setting forth their joint or separate positions as to (1) what arguments for dismissal advanced by the Longs in the motion to dismiss remain for adjudication, (2) the relevant docket numbers and page numbers of the portions of the memos addressing these arguments; and (3) any other matter any party wishes to bring to that Court's attention. (Cooke, Melonie) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 50 District Judge Leo T. Sorokin: ORDER entered. DEFAULT JUDGMENT Against Veles Advantage, LLC (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 49 District Judge Leo T. Sorokin: ORDER entered. DEFAULT JUDGMENT Against Christopher Curry (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 48 District Judge Leo T. Sorokin: ORDER entered: re #44 MOTION for Default Judgment Under Fed. R. Civ. P. 55(b)(1) (Sum Certain) or, Alternatively, Under Fed. R. Civ. P. 55(b)(2) as to Veles Advantage, LLC. ALLOWED. (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 47 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re #43 MOTION for Default Judgment Under Fed. R. Civ. P. 55(b)(1) (Sum Certain) or, Alternatively, Under Fed. R. Civ. P. 55(b)(2) as to Christopher Curry.ALLOWED. (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 46 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 6/26/2024 re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction filed by Spencer Long. The court hears arguments from the parties as to the Motion. The matter is taken under advisement. (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Deluhery, Kimball, and Otto) (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 45 ELECTRONIC NOTICE Setting Hearing on Motion #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction : Motion Hearing set for 6/26/2024 03:00 PM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 44 MOTION for Default Judgment Under Fed. R. Civ. P. 55(b)(1) (Sum Certain) or, Alternatively, Under Fed. R. Civ. P. 55(b)(2) as to Veles Advantage, LLC by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Affidavit Rose Conneely, #2 Affidavit Megan Deluhery, #3 Text of Proposed Order)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 43 MOTION for Default Judgment Under Fed. R. Civ. P. 55(b)(1) (Sum Certain) or, Alternatively, Under Fed. R. Civ. P. 55(b)(2) as to Christopher Curry by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Affidavit Rose Conneely, #2 Affidavit Megan Deluhery, #3 Text of Proposed Order)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 42 Return receipt received for mail sent to Christopher Curry (Warnock, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 41 Return receipt received for mail sent to Veles Advantage, LLC (Warnock, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 40 Copy re #39 Notice: Clerk's Entry of Default mailed to Christopher Curry and Veles Advantage, LLC on 5/14/2024. (Warnock, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 39 NOTICE: Clerk's ENTRY OF DEFAULT as to Christopher Curry, Veles Advantage, LLC (Attachments: #1 Standing Order re Motions for Default Judgment) (Warnock, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 38 Request for notice of default by The Savings Bank Mutual Life Insurance Company of Massachusetts (Plaintiff's Request for Default of Christopher Curry and Veles Advantage, LLC). (Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 37 RESPONSE TO COURT ORDER by Spencer Long re #36 Response to Court Order, 35 Order,,,,, Reply Memorandum by Defendants, Spencer Long and Madelynn Long, Regarding Forum Selection Clause. (Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 36 RESPONSE TO COURT ORDER by The Savings Bank Mutual Life Insurance Company of Massachusetts re 35 Order,,,,, Plaintiff's Brief on The Forum Selection Clause in the GA Contract. (Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 35 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered.Defendants Spencer and Madelynn Long filed a Motion to Dismiss the Amended Complaint. Doc. No 29. They contend that a forum selection clause in the operative agreements requires litigation to occur in the state courts of Delaware or the federal district court in Delaware. Doc. No. 30 at 1114. In its opposition, Plaintiff argues that a different contract governs. Doc. No. 33 at 10. This GA Contract contains a mandatory forum selection clause stating in relevant part that disputes shall be exclusively resolved in the courts of Middlesex County, Massachusetts. Id. In light of First Circuit caselaw suggesting that the words courts of followed by a county name designates only state courts, see, e.g., Fornaro v. RMC/Res. Mgmt. Co., 201 F.Appx 783, 784 (1st Cir. 2006), Plaintiff shall file a supplemental memo not to exceed seven pages, addressing whether the language in the GA Contract requires litigation only in Middlesex Superior Court and, if so, anything further it wishes to add regarding how the Court should proceed or the interplay between the two forum selection clauses. This memo shall be due by May 2, 2024. Defendants may file a response memo, not to exceed seven pages, no later than seven days after the filing of Plaintiffs memo. (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 34 AFFIDAVIT OF SERVICE Executed by The Savings Bank Mutual Life Insurance Company of Massachusetts. Christopher Curry served on 12/20/2023, answer due 1/10/2024; Veles Advantage, LLC served on 12/21/2023, answer due 1/11/2024. Acknowledgement filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Exhibit A - USPS to Curry, #2 Exhibit B - USPS to Veles Advantage, LLC)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 33 Opposition re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Exhibit A - Judicial Caseload Info, #2 Exhibit B - Megan Deluhery Declaration, #3 Exhibit C - Joseph Leehan Declaration)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 32 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #31 Assented to MOTION for Extension of Time to January 25, 2024 to File Response/Reply as to 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction by The Savings Bank Mutual Life Insurance Company of Massachusetts. ALLOWED. Responses due by 1/25/2024 (Belmont, Kellyann) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 31 Assented to MOTION for Extension of Time to January 25, 2024 to File Response/Reply as to #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction by The Savings Bank Mutual Life Insurance Company of Massachusetts.(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 30 MEMORANDUM in Support re #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction filed by Spencer Long. (Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and for Lack of Personal Jurisdiction by Spencer Long.(Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 28 District Judge Leo T. Sorokin: ORDER entered. DEFAULT JUDGMENT AGAINST ADVANTAGE ONE BROKERS (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 27 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re #24 MOTION for Default Judgment Under Fed. R. Civ. P. 55(b)(1) (Sum Certain) or, Alternatively, Under Fed. R. Civ. P. 55(b)(2) as to Advantage One Brokers. The Motion for Default Judgment (#24) is ALLOWED AS UNOPPOSED. (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 26 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re #10 Joint MOTION Plaintiff and Defendants S. Long and M. Long for Relief Concerning Complaint, Pending Motions to Dismiss, and Motion to Strike re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #18 Amended Complaint, #21 MOTION to Strike 18 Amended Complaint. #25 ALLOWED. The Amended Complaint (#18) is the operative complaint. The Motion to Strike (#12) is TERMINATED AS WITHDRAWN. The Longs have fourteen days to respond to the Amended Complant. The Motions to Dismiss (#10 and #12) are TERMINATED AS WITHDRAWN. (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 25 Joint MOTION Plaintiff and Defendants S. Long and M. Long for Relief Concerning Complaint, Pending Motions to Dismiss, and Motion to Strike re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #18 Amended Complaint, #21 MOTION to Strike #18 Amended Complaint by The Savings Bank Mutual Life Insurance Company of Massachusetts.(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 24 MOTION for Default Judgment Under Fed. R. Civ. P. 55(b)(1) (Sum Certain) or, Alternatively, Under Fed. R. Civ. P. 55(b)(2) as to Advantage One Brokers by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Exhibit Affidavit of Rose Conneely, #2 Exhibit Affidavit of Megan C. Deluhery, #3 Proposed Default Judgment)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 23 Mail Returned as Undeliverable. Mail sent to Advantage One Brokers (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 22 REPLY to Response to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Spencer Long. (Otto, Douglas) (Main Document 22 replaced on 12/13/2023) (Dore, Samantha). Modified on 12/13/2023: Document replaced at the request of counsel. (Dore, Samantha). [Transferred from Massachusetts on 7/1/2024.] |
| Filing 21 MOTION to Strike #18 Amended Complaint by Spencer Long.(Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 20 Summons Issued as to Veles Advantage, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 19 Opposition re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Exhibit A - Excerpts from Federal Judicial Statistics)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 18 AMENDED COMPLAINT against All Defendants, filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 17 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: regranting #16 Assented to MOTION for Extension of Time to December 5, 2023 to File Response/Reply as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Spencer Long and Madelynn Long. ALLOWED. (Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 16 Assented to MOTION for Extension of Time to December 5, 2023 to File Response/Reply as to #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM of Spencer Long and Madelynn Long by The Savings Bank Mutual Life Insurance Company of Massachusetts.(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 15 NOTICE: Clerk's ENTRY OF DEFAULT as to Advantage One Brokers (Attachments: #1 Standing Order)(Dore, Samantha) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 14 Request for notice of default by The Savings Bank Mutual Life Insurance Company of Massachusetts , Default of Advantage One Brokers. (Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 13 MEMORANDUM in Support re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Madelynn Long. (Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Madelynn Long.(Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 11 MEMORANDUM in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Spencer Long. (Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Spencer Long.(Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 9 AFFIDAVIT OF SERVICE Executed by The Savings Bank Mutual Life Insurance Company of Massachusetts. Christopher Curry served on 10/24/2023, answer due 11/14/2023. Acknowledgement filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Exhibit A, #2 Exhibit B)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 8 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re #6 Assented to MOTION for Extension of Time to November 7, 2023 to File Response/Reply as to #1 Complaint and #7 Assented to MOTION for Extension of Time to November 7, 2023 to File Response/Reply as to #1 Complaint. ALLOWED. (Belmont, Kellyann) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 7 Assented to MOTION for Extension of Time to November 7, 2023 to File Response/Reply as to #1 Complaint, by Madelynn Long.(Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 6 Assented to MOTION for Extension of Time to November 7, 2023 to File Response/Reply as to #1 Complaint, by Spencer Long.(Otto, Douglas) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 5 AFFIDAVIT OF SERVICE Executed by The Savings Bank Mutual Life Insurance Company of Massachusetts. Advantage One Brokers served on 9/26/2023, answer due 10/17/2023; Madelynn Long served on 10/3/2023, answer due 10/24/2023; Spencer Long served on 10/3/2023, answer due 10/24/2023. Acknowledgement filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Exhibit A - USPS Confirmation, #2 Exhibit B - Advantage One service, #3 Exhibit C - Spencer Long service, #4 Exhibit D - Madelynn Long service)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 4 Summons Issued as to Advantage One Brokers, Christopher Curry, Madelynn Long, Spencer Long. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Horvath, Courtney) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Cook, Savannah) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
| Filing 1 COMPLAINT and Jury Demand against All Defendants Filing fee: $ 402, receipt number AMADC-9978462 (Fee Status: Filing Fee paid), filed by The Savings Bank Mutual Life Insurance Company of Massachusetts. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Category Form)(Deluhery, Megan) [Transferred from Massachusetts on 7/1/2024.] |
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