mCloud Technologies (USA) Inc. et al v. ATB Financial et al
| mCloud Technologies (USA) Inc., mCloud Technologies Services Inc. and mCloud Technologies Corp. |
| ATB Financial and Fiera Private Debt Fund GP Inc. |
| 1:2025cv00692 |
| June 4, 2025 |
| U.S. District Court for the District of Delaware |
| Richard G Andrews |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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Filing 47
ORDER TO SHOW CAUSE: Plaintiffs are ORDERED TO SHOW CAUSE within two weeks why the instant case should not be dismissed without prejudice for lack of subject matter jurisdiction (see full Order for further details). Signed by Judge Richard G. Andrews on 11/25/2025. (aas)
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| Filing 46 REQUEST for Oral Argument by ATB Financial re #41 MOTION For Leave to File Second Amended Complaint . (Noa, Jesse) |
| Filing 45 REQUEST for Oral Argument by Fiera Private Debt Fund GP Inc. re #41 MOTION For Leave to File Second Amended Complaint . (Connolly, Arthur) |
| Filing 44 REPLY BRIEF re #41 MOTION For Leave to File Second Amended Complaint filed by mCloud Technologies (USA) Inc., mCloud Technologies Corp., mCloud Technologies Services Inc.. (Attachments: #1 Exhibit 1-2)(Stamoulis, Stamatios) |
| Filing 43 RESPONSE to #41 MOTION For Leave to File Second Amended Complaint, filed by Fiera Private Debt Fund GP Inc.. (Connolly, Arthur) Modified on 11/17/2025 (nms). |
| Filing 42 RESPONSE to #41 MOTION For Leave to File Second Amended Complaint, filed by ATB Financial. (Noa, Jesse) Modified on 11/17/2025 (nms). |
| Set Answering Brief Deadline re #41 MOTION For Leave to File Second Amended Complaint. Answering Brief/Response due date per Local Rules is 11/17/2025. (nms) |
| Filing 41 MOTION For Leave to File Second Amended Complaint - filed by mCloud Technologies (USA) Inc., mCloud Technologies Corp., mCloud Technologies Services Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Stamoulis, Stamatios) |
| Filing 40 REQUEST for Oral Argument by mCloud Technologies (USA) Inc., mCloud Technologies Corp., mCloud Technologies Services Inc. re #25 MOTION to Dismiss the Amended Complaint, #29 MOTION to Dismiss Amended Complaint. (Stamoulis, Stamatios) |
| Filing 39 REQUEST for Oral Argument by Fiera Private Debt Fund GP Inc. re #29 MOTION to Dismiss Amended Complaint. (Connolly, Arthur) |
| Filing 38 REQUEST for Oral Argument by ATB Financial, Fiera Private Debt Fund GP Inc. re #25 MOTION to Dismiss the Amended Complaint. (Noa, Jesse) |
| Filing 37 DECLARATION of James P. Flynn re #36 Reply Brief by Fiera Private Debt Fund GP Inc.. (Attachments: #1 Exhibit 1)(Silverstein, Alan) |
| Filing 36 REPLY BRIEF re #29 MOTION to Dismiss Amended Complaint filed by Fiera Private Debt Fund GP Inc.. (Silverstein, Alan) |
| Filing 35 NOTICE of Appearance by Alan Richard Silverstein on behalf of Fiera Private Debt Fund GP Inc. (Silverstein, Alan) |
| Filing 34 REPLY BRIEF re #25 MOTION to Dismiss the Amended Complaint filed by ATB Financial. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noa, Jesse) |
| Filing 33 ANSWERING BRIEF in Opposition re #25 MOTION to Dismiss the Amended Complaint, #29 MOTION to Dismiss Amended Complaint filed by mCloud Technologies (USA) Inc., mCloud Technologies Corp., mCloud Technologies Services Inc..Reply Brief due date per Local Rules is 10/23/2025. (Stamoulis, Stamatios) |
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SO ORDERED, re #32 STIPULATION to Extend Time to Respond to Motions to Dismiss (*Reset Briefing Schedule: re #25 MOTION to Dismiss the Amended Complaint, and #29 MOTION to Dismiss Amended Complaint. Answering Briefs due 10/16/2025). Signed by Judge Richard G. Andrews on 9/26/2025. (nms)
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| Filing 32 STIPULATION to Extend Time to Respond to Motions to Dismiss - filed by mCloud Technologies (USA) Inc., mCloud Technologies Corp., mCloud Technologies Services Inc.. (Stamoulis, Stamatios) Modified on 9/26/2025 (nms). |
| Filing 31 DECLARATION of Russell French re #30 Opening Brief in Support, by Fiera Private Debt Fund GP Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Connolly, Arthur) Modified on 9/17/2025 (nms). |
| Filing 30 OPENING BRIEF in Support re #29 MOTION to Dismiss Amended Complaint, filed by Fiera Private Debt Fund GP Inc.. Answering Brief/Response due date per Local Rules is 10/1/2025. (Connolly, Arthur) Modified on 9/17/2025 (nms). |
| Filing 29 MOTION to Dismiss Amended Complaint - filed by Fiera Private Debt Fund GP Inc.. (Attachments: #1 Proposed Order)(Connolly, Arthur) Modified on 9/17/2025 (nms). |
| Filing 28 DECLARATION of Ian Mark Philip re #25 MOTION to Dismiss the Amended Complaint, by ATB Financial. (Noa, Jesse) Modified on 9/17/2025 (nms). |
| Filing 27 DECLARATION of Jesse L. Noa re #25 MOTION to Dismiss the Amended Complaint, by ATB Financial. (Attachments: #1 Exhibits 1-18)(Noa, Jesse) Modified on 9/17/2025 (nms). |
| Filing 26 OPENING BRIEF in Support re #25 MOTION to Dismiss the Amended Complaint, filed by ATB Financial. Answering Brief/Response due date per Local Rules is 10/1/2025. (Noa, Jesse) Modified on 9/17/2025 (nms). |
| Filing 25 MOTION to Dismiss the Amended Complaint - filed by ATB Financial. (Attachments: #1 Proposed Order)(Noa, Jesse) Modified on 9/17/2025 (nms). |
| Remark: D.I. #19 MOTION to Dismiss, filed by ATB Financial, and D.I. #15 MOTION to Dismiss, filed by Fiera Private Debt Fund GP Inc. have been deemed moot per the filing of the Amended Complaint at D.I. #24 . (nms) |
| Filing 24 AMENDED COMPLAINT against ATB Financial, Fiera Private Debt Fund GP Inc.- filed by mCloud Technologies Services Inc., mCloud Technologies (USA) Inc., mCloud Technologies Corp.. (Attachments: #1 Exhibits A-C, #2 Redline version)(Stamoulis, Stamatios) Modified on 9/5/2025 (nms). |
| CORRECTING ENTRY: The docket text for D.I. #23 has been corrected to reflect its parent company is Fiera Private Debt Inc. and other affiliates are Fiera Private Alternative Investments, Inc. and Fiera Capital Corporation. (nms) |
| Filing 23 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent Fiera Private Debt Inc. and Other Affiliates Fiera Private Alternative Investments Inc. and Fiera Capital Corporation for Fiera Private Debt Fund GP Inc., filed by Fiera Private Debt Fund GP Inc.. (Connolly, Arthur) Modified on 8/27/2025 (nms). |
| CORRECTING ENTRY: The Disclosure Statement filed at D.I. 17 has been removed from the docket. Upon review it was noted a corporate parent was referred to but not named. Counsel will resubmit a revised 7.1. Disclosure Statement and list all corporate parent(s) and other affiliate relationships. (nms) |
| Filing 22 DECLARATION of Jesse L. Noa, Esq. re #19 MOTION to Dismiss, by ATB Financial. (Attachments: #1 Exhibits 1-18)(Noa, Jesse) Modified on 8/23/2025 (nms). |
| Filing 21 DECLARATION of Ian Mark Philip re #19 MOTION to Dismiss, by ATB Financial. (Noa, Jesse) Modified on 8/23/2025 (nms). |
| Filing 20 OPENING BRIEF in Support re #19 MOTION to Dismiss, filed by ATB Financial. Answering Brief/Response due date per Local Rules is 9/5/2025. (Noa, Jesse) Modified on 8/23/2025 (nms). |
| Filing 19 MOTION to Dismiss - filed by ATB Financial. (Attachments: #1 Proposed Order)(Noa, Jesse) Modified on 8/23/2025 (nms). |
| Filing 18 DECLARATION of Russell French re #15 MOTION to Dismiss, by Fiera Private Debt Fund GP Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Connolly, Arthur) Modified on 8/22/2025 (nms). |
| Filing 16 OPENING BRIEF in Support re #15 MOTION to Dismiss, filed by Fiera Private Debt Fund GP Inc.. Answering Brief/Response due date per Local Rules is 9/5/2025. (Attachments: #1 Certificate of Compliance)(Connolly, Arthur) Modified on 8/22/2025 (nms). |
| Filing 15 MOTION to Dismiss - filed by Fiera Private Debt Fund GP Inc.. (Attachments: #1 Proposed Order)(Connolly, Arthur) Modified on 8/22/2025 (nms). |
| Pro Hac Vice Attorney Michael A. Brodlieb, James P. Flynn for Fiera Private Debt Fund GP Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (scs) |
| Filing 14 Pro Hac Vice Fee - Credit Card Payment received for Michael A. Bordlieb. ( re #13 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Brodlieb )( Payment of $ 50, receipt number ADEDC-4745602).(Connolly, Arthur) |
| Filing 13 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Brodlieb - filed by Fiera Private Debt Fund GP Inc.. (Connolly, Arthur) |
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SO ORDERED, re #13 MOTION for Pro Hac Vice Appearance of Attorney Michael A. Brodlieb filed by Fiera Private Debt Fund GP Inc.. Signed by Judge Richard G. Andrews on 7/29/2025. (aas)
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| Filing 12 STIPULATION to Extend Time to Respond to Complaint - filed by Fiera Private Debt Fund GP Inc.. (Connolly, Arthur) Modified on 7/23/2025 (nms). |
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SO ORDERED, re #12 STIPULATION to Extend Time to Respond to Complaint (*Reset Answer Deadlines: ATB Financial answer due 9/2/2025; Fiera Private Debt Fund GP Inc. answer due 9/2/2025). Signed by Judge Richard G. Andrews on 7/23/2025. (nms)
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| Filing 11 Pro Hac Vice Fee - Credit Card Payment received for James P. Flynn and Daniel D. Edelman. ( re #10 MOTION for Pro Hac Vice Appearance of Attorney James P. Flynn and Daniel D. Edelman )( Payment of $ 100, receipt number ADEDC-4718867).(Connolly, Arthur) |
| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney James P. Flynn and Daniel D. Edelman - filed by Fiera Private Debt Fund GP Inc.. (Connolly, Arthur) |
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SO ORDERED, re #10 MOTION for Pro Hac Vice Appearance of Attorney James P. Flynn and Daniel D. Edelman filed by Fiera Private Debt Fund GP Inc.. Signed by Judge Richard G. Andrews on 6/25/2025. (aas)
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| Filing 9 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by ATB Financial. (Noa, Jesse) |
| Filing 8 STIPULATION and Proposed Order to Extend Time to Respond - filed by ATB Financial. (Noa, Jesse) Modified on 6/24/2025 (nms). |
| Filing 7 NOTICE of Appearance by Arthur G. Connolly, III on behalf of Fiera Private Debt Fund GP Inc. (Connolly, Arthur) |
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SO ORDERED, re #8 STIPULATION and Proposed Order to Extend Time to Respond (*Reset Answer Deadlines: ATB Financial answer due 7/30/2025; Fiera Private Debt Fund GP Inc. answer due 7/30/2025). Signed by Judge Richard G. Andrews on 6/24/2025. (nms)
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| Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (alb) |
| Filing 6 SUMMONS Returned Executed by mCloud Technologies Services Inc., mCloud Technologies (USA) Inc., mCloud Technologies Corp..Fiera Private Debt Fund GP Inc. served on 6/6/2025, answer due 6/27/2025. (Stamoulis, Stamatios) |
| Filing 5 SUMMONS Returned Executed by mCloud Technologies Services Inc., mCloud Technologies (USA) Inc., mCloud Technologies Corp.. ATB Financial served on 6/6/2025, answer due 6/27/2025. (Stamoulis, Stamatios) |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent mCloud Technologies Corp. for mCloud Technologies (USA) Inc., mCloud Technologies Services Inc. filed by mCloud Technologies (USA) Inc., mCloud Technologies Corp., mCloud Technologies Services Inc.. (Stamoulis, Stamatios) |
| Filing 3 Summons Issued as to ATB Financial and Fiera Private Debt Fund GP Inc. on 6/5/2025. (Attachments: #1 Summons Issued, Fiera Private Debt Fund GP Inc.)(jfm) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jfm) |
| Filing 1 COMPLAINT with Jury Demand against ATB Financial, Fiera Private Debt Fund GP Inc. (Filing fee $ 405, receipt number ADEDC-4703392) - filed by mCloud Technologies Services Inc., mCloud Technologies (USA) Inc., mCloud Technologies Corp. (Attachments: #1 Civil Cover Sheet)(jfm) |
| DEFICIENCY NOTICE issued by the Court to Plaintiffs: Pursuant to Fed. R. Civ. P. 7.1 (b)(1), A party must: (1) file the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court. Counsel is requested to supplement the docket with an appropriate Rule 7.1 Disclosure Statement. (jfm) |
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