GAMACHE et al v. HOGUE et al
| EDWARD NOFI and NELSON GAMACHE |
| JOHN F HOGUE, JR, GRAHAM THOMPSON, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, Glenn Kirbo, James Urbach and Randy Hall |
| 1:2019cv00021 |
| January 29, 2019 |
| US District Court for the Middle District of Georgia |
| LESLIE ABRAMS GARDNER |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1104 |
| None |
Docket Report
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This docket was last retrieved on July 18, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 42 REPLY to Response filed by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, Randy Hall, Glenn Kirbo, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice (Attachments: #1 Exhibit Composite Ex. 1 - Form 5500 for 2012, 2013 and 2014)(Sharman, Joelle) |
| Filing 41 This is a text only entry; no document issued. ORDER granting #40 Motion. The Court accepts Plaintiffs' filing in accordance with the Court's May 8, 2019 Order at Doc. 33. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 7/10/2019 (ssk) |
| Filing 40 UNOPPOSED MOTION re Notice of Deficiency by NELSON GAMACHE, EDWARD NOFI filed by R JOSEPH BARTON.(BARTON, R) |
| Notice of Deficiency (related document(s): #39 Response to Motion filed by EDWARD NOFI, NELSON GAMACHE ); Document exceeds page limit. Leave of court required before filing. (mdm) |
| Filing 39 RESPONSE filed by NELSON GAMACHE, EDWARD NOFI re #36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice (BARTON, R) |
| Filing 38 SCHEDULING/DISCOVERY ORDER. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 05/30/2019. (Attachments: #1 Proposed Scheduling & Discovery Order)(mdm) |
Filing 37
ORDER granting the Parties' request for a continued stay of discovery pending the ruling on Defendants' Motion to Dismiss #36 . Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 05/30/2019. (mdm)
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| Filing 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, Randy Hall, Glenn Kirbo, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON, James Urbach filed by Joelle C. Sharman. (Attachments: #1 Memorandum in Support of Motion to Dismiss Amended Complaint with Prejudice, #2 Exhibit 1 - Employee Stock Ownership Plan and Trust, #3 Exhibit 2 - 2006 Binder for Stock Acquisition, #4 Exhibit 2 of 2 - Acquisition of 100% of Stock, #5 Exhibit 3 - 2011 Binder for the Refinance, #6 Exhibit 3.2 - 2011 Binder for the Refinance, #7 Exhibit 3.3 - 2011 Binder for the Refinance, #8 Exhibit 3.4 - 2011 Binder for the Refinance, #9 Exhibit 3.5 - 2011 Binder for the Refinance, #10 Exhibit 4 - 2011 Bank Loan, #11 Exhibit 4.2 - 2011 Bank Loan, #12 Exhibit 4.3 - 2011 Bank Loan, #13 Exhibit 5 - 2011 Fairness Opinion, #14 Exhibit 6 - Form 5500, #15 Exhibit 7 - Email between Joelle Sharman and Plaintiff's Counsel R. Joseph Barton, #16 Proposed Order Order Granting Motion to Dismiss Amended Complaint)(Sharman, Joelle) |
| Filing 35 RESPONSE to Court Order filed by NELSON GAMACHE, EDWARD NOFI re #33 Order on Motion for Extension of Time to File Response/Reply,,, Order on Motion for Leave to File Excess Pages,,, Order on Motion to Dismiss for Failure to State a Claim,, (BARTON, R) |
| Filing 34 RESPONSE to Court Order filed by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, Randy Hall, Glenn Kirbo, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON, James Urbach re #33 Order on Motion for Extension of Time to File Response/Reply,,, Order on Motion for Leave to File Excess Pages,,, Order on Motion to Dismiss for Failure to State a Claim,, (Sharman, Joelle) |
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Filing 33
ORDER granting #32 Motion for Extension of Time to File ; granting #32 Motion for Leave to File Excess Pages; denying as moot #22 Motion to Dismiss for Failure to State a Claim. Defendants' Motion to Dismiss the Amended Complaint must be filed no later than 5/27/2019. The deadline for the Parties to submit their proposed Scheduling and Discovery Order is now Monday, May 20, 2019. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 5/8/2019 (bcl)
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| Filing 32 CONSENT MOTION for Extension of Time to File RESPONSE as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for Leave to File Excess Pages for Brief Response to Defendants' Anticipated Motion to Dismiss Amended Complaint and to Stay Discovery Pending Resolution of Motion to Dismiss and Memo of Law by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, Randy Hall, Glenn Kirbo, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON, James Urbach filed by Joelle C. Sharman. (Attachments: #1 Proposed Order Order Granting Consent Motion to Extend and Exceed Page Limit)(Sharman, Joelle) |
| Notice of Deficiency (related document(s): #31 Letter regarding L.R. 6.2 - Request Clerk of Court 14 day Extension of Time for Defendants to file Response to Amended Complaint - Other: Extension cannot be granted under Local Rule 6.2. Per Local Rule 6.1, any extensions of time within which to answer the complaint or an amended complaint by affirmative defenses or other defensive pleadings may be done by written, filed stipulations of counsel, not to exceed more than thirty (30) days from the original answer deadline without approval of the court. Only one such stipulation may be filed per complaint or amended complaint. If a party is unable to obtain a stipulation or if more than thirty (30) days is needed, the party should seek an extension by motion to the court pursuant to Rule 6(b) of the Federal Rules of Civil Procedure. (mdm) |
| Filing 31 Letter regarding L.R. 6.2 - Request Clerk of Court 14 day Extension of Time for Defendants to file Response to Amended Complaint (Sharman, Joelle) |
| Filing 30 AMENDED #1 Complaint, against Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN F HOGUE, JR, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON, James Urbach, Glenn Kirbo, Randy Hall by NELSON GAMACHE, EDWARD NOFI (WASOW, NINA) |
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Filing 29
ORDER granting #26 Motion for Discovery; granting #27 Motion for Extension of Time to Complete Discovery; granting #27 Motion for Extension of Time to File REPLY TO RESPONSE re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; granting #27 Motion to Stay Discovery. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 04/18/2019. (mdm)
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| Filing 28 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 5/17/2019. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 4/17/2019. (Attachments: #1 Required Form)(far) |
| Filing 27 UNOPPOSED MOTION for Extension of Time to Complete Discovery(, ), MOTION for Extension of Time to File RESPONSE as to #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Stay other discovery pending resolution of Motion to Dismiss (, ) by NELSON GAMACHE, EDWARD NOFI filed by NINA R WASOW. (Attachments: #1 Memorandum in Support of Motion for Jurisdictional Discovery, #2 Proposed Order Granting Motion for Jurisdictional Discovery)(WASOW, NINA) |
| Notice of Deficiency (related document(s): #26 Motion for Discovery, filed by EDWARD NOFI, NELSON GAMACHE ) Other - Motion needs to be refiled using event (1) Motion for Extension of Time to Complete Discovery; (2) Motion for Extension of Time Response/Reply; and (3) Motion to Stay. (mdm) |
| Filing 26 UNOPPOSED MOTION for Discovery by NELSON GAMACHE, EDWARD NOFI filed by NINA R WASOW. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion for Jurisdictional Discovery, #2 Proposed Order Granting Plaintiffs' Motion for Jurisdictional Discovery)(WASOW, NINA) |
| Notice of Clerk's Granting of Extension Pursuant to Local Rule 6.2 re: #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN DOES 1-20, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, JOHN F HOGUE, JR, Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, GRAHAM THOMPSON. (mdm) |
| Filing 25 Letter regarding L.R. 6.2 Request to Clerk of Court re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOWNES, COLIN) |
| Filing 24 Corporate Disclosure Statement by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON (Sharman, Joelle) |
| Notice of Deficiency: Pursuant to Local Rule 87.1, all nongovernmental corporate parties must file a Corporate Disclosure Statement. TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN and Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, should file the required corporate disclosures immediately. (mdm) |
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Filing 23
ORDER granting #19 MOTION to Exceed the Page Limitation. Defendants page limit for a motion to dismiss is hereby extended to twenty-five (25) pages. Furthermore, Plaintiffs page limit for their response to Defendants Motion to Dismiss is likewise extended by five pages to twenty-five (25) pages. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 03/29/2019. (mdm)
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| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON filed by Joelle C. Sharman. (Attachments: #1 Memorandum in Support of Motion to Dismiss with Prejudice Plaintiffs' Class Action Complaint, #2 Exhibit 1 - 2006 Board of Directors Resolution, #3 Exhibit 2 - 2006 Employee Stock Ownership Plan, #4 Exhibit 3 - 2006 Employee Stock Ownership Trust, #5 Exhibit 4 - 2006 Stock Incentive Plan, #6 Exhibit 5 - 2006 Stock Purchase Agreement, #7 Exhibit 6 - 2006 Promissory Notes - Four, #8 Exhibit 7 - 2011 Resolution of the Board of Directors, #9 Exhibit 8 - 2011 Bank Loan, #10 Exhibit 9 - 2011 Warrant Subscription Agreement, #11 Exhibit 10 - 2006 Amendment to Stock Incentive Plan, #12 Exhibit 11 - 2013 Amended Employee Stock Ownership Plan, #13 Proposed Order Granting Motion to Dismiss with Prejudice Plaintiffs' Class Action Complaint)(Sharman, Joelle) |
| Filing 21 WAIVER OF SERVICE Returned Executed by NELSON GAMACHE, EDWARD NOFI. as to TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN (BARTON, R) |
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Filing 20
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by COLIN M DOWNES (nop)
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| Filing 19 MOTION to Exceed the Page Limitation Under Local Rule 7.4 as to their Motion to Dismiss by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON filed by Joelle C. Sharman. (Attachments: #1 Proposed Order Proposed Order Granting Defendants' Motion to Exceed Page Limitation)(Sharman, Joelle) |
| Filing 18 NOTICE of Attorney Appearance by ROBERT E LESSER on behalf of All Defendants Attorney ROBERT E LESSER added to party Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan(pty:dft), Attorney ROBERT E LESSER added to party JOHN DOES 1-20(pty:dft), Attorney ROBERT E LESSER added to party JOHN F HOGUE, JR(pty:dft), Attorney ROBERT E LESSER added to party TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN(pty:dft), Attorney ROBERT E LESSER added to party GRAHAM THOMPSON(pty:dft) (LESSER, ROBERT) |
| Filing 17 WAIVER OF SERVICE Returned Executed by NELSON GAMACHE, EDWARD NOFI. as to JOHN F HOGUE, JR (BARTON, R) |
| Filing 16 WAIVER OF SERVICE Returned Executed by NELSON GAMACHE, EDWARD NOFI. as to GRAHAM THOMPSON (BARTON, R) |
| Filing 15 WAIVER OF SERVICE Returned Executed by NELSON GAMACHE, EDWARD NOFI. as to Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan (BARTON, R) |
| SECOND NOTICE TO COUNSEL COLIN M DOWNES - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (nop) |
| Filing 14 WAIVER OF SERVICE Returned Executed by All Defendants. as to TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN (Sharman, Joelle) |
| Filing 13 WAIVER OF SERVICE Returned Executed by All Defendants. as to JOHN F HOGUE, JR (Sharman, Joelle) |
| Filing 12 WAIVER OF SERVICE Returned Executed by All Defendants. as to GRAHAM THOMPSON (Sharman, Joelle) |
| Filing 11 NOTICE of Attorney Appearance by Joelle C. Sharman on behalf of All Defendants Attorney Joelle C. Sharman added to party JOHN DOES 1-20(pty:dft), Attorney Joelle C. Sharman added to party JOHN F HOGUE, JR(pty:dft), Attorney Joelle C. Sharman added to party TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN(pty:dft), Attorney Joelle C. Sharman added to party GRAHAM THOMPSON(pty:dft) (Sharman, Joelle) |
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Filing 10
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by R JOSEPH BARTON (nop)
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Filing 9
ORDER granting #6 Motion for Extension of Time to comply with L.R. 83.1.2. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 02/19/2019. (mdm)
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Filing 8
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DANIEL MARK FEINBERG (nop)
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Filing 7
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by NINA R WASOW (nop)
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| Filing 6 MOTION for Extension of Time to File to comply with L.R. 83.1.2. by NELSON GAMACHE, EDWARD NOFI filed by WILLIAM S STONE. (Attachments: #1 Exhibit 2019-02-11 EX 1 Downes Declaration)(STONE, WILLIAM) |
| Filing 5 Consent Form (28 USC 636(c)(1)) sent to NELSON GAMACHE, EDWARD NOFI. (mdm) |
| Filing 4 Summons Issued as to TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN. (mdm) |
| Filing 3 Summons Issued as to GRAHAM THOMPSON. (mdm) |
| Filing 2 Summons Issued as to JOHN F HOGUE, JR. (mdm) |
| NOTICE TO COUNSEL R JOSEPH BARTON, COLIN M DOWNES, DANIEL FEINBERG, NINA WASOW - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (mdm) |
| Filing 1 COMPLAINT against All Defendants Fee paid: Receipt # 113G-3073922, $400 filed by All Plaintiffs (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons-Hogue, #3 Summons Summons-Thompson, #4 Summons Summons-Technical Associates of Georgia)(Stone, William) |
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