MCDUFFIE et al v. SAUTNER et al
Plaintiff: STEVEN M. RAFSKY, WILLIAM J. BRASSARD, AMY D. BRASSARD, RONALD LANG, GARY HENDERSHOT, GRETA RAFSKY, ANGUS F. MCDUFFIE, LARRY SCHUMER, ANGUS F MCDUFFIE, STEVEN M RAFSKY, WILLIAM J BRASSARD and AMY D BRASSARD
Defendant: 619047 ONTARIO LTD., DAN SAUTNER, MICHAEL MCLANE, BRIAN AUSTIN, HAWTHORNE 2018, LLC, 619047 ONTARIO LTD and HAWTHORNE 2018 LLC
Case Number: 3:2019cv00087
Filed: October 14, 2019
Court: US District Court for the Middle District of Georgia
Presiding Judge: CLAY D LAND
Nature of Suit: Stockholders Suits
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 11, 2019 Filing 50 This is a text only entry; no document issued. ORDER terminating as moot #42 Motion to Dismiss for Failure to State a Claim in light of Defendants' amended answer and counterclaim. Ordered by US DISTRICT JUDGE CLAY D LAND on 12/11/2019 (CCL)
December 10, 2019 Filing 49 RESPONSE filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER re #42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM regarding Counts III and IV of Counterclaim, or, in the alternativeMOTION for More Definite Statement (LAND, ADAM)
December 10, 2019 Filing 48 AMENDED ANSWER to #16 Answer to Complaint,,,,, Counterclaim,,,,, COUNTERCLAIM against All Plaintiffs by 619047 ONTARIO LTD, BRIAN AUSTIN, DAN SAUTNER, HAWTHORNE 2018 LLC. (Attachments: #1 Exhibit "A" - Schedule of shares, #2 Exhibit "B" - Articles of Incorporation, #3 Exhibit "C" - Letter from Plaintiffs' counsel dated 9/22/19, #4 Exhibit "D" - 2000 Holdco Agreement, #5 Exhibit "E" - Side letter agreements, #6 Exhibit "F" - Shareholders meeting minutes dated 11/3/2015, #7 Exhibit "G" - Bylaws, #8 Exhibit "H" - Letter from Defendants' counsel dated 9/25/19, #9 Exhibit "I" - Letter from Plaintiffs' counsel dated 10/21/19, #10 Exhibit "J" - E-mail from Defendants' counsel dated 10/22/19, #11 Exhibit "K" - E-mail from Plaintiffs' counsel dated 10/23/19)(LAND, ADAM)
December 6, 2019 Filing 47 Notice of Filing Official Transcript to all parties re #46 Transcript of Proceedings,. (Peterson, Betsy)
December 6, 2019 Filing 46 TRANSCRIPT of Proceedings held on 11/4/2019, before Judge Clay D. Land. Court Reporter/Transcriber Betsy Peterson. Volume Number: I of I. The transcript may be inspected at the court or purchased through the court reporter for a period of 90 days. After 90 days, the transcript may be obtained via PACER. REDACTION OF TRANSCRIPTS: Complete redaction policy available on the courts website. (Peterson, Betsy)
December 4, 2019 Filing 45 TRANSCRIPT ORDER ACKNOWLEDGMENT re #34 Notice of Interlocutory Appeal, (Peterson, Betsy)
November 22, 2019 Filing 44 TRANSCRIPT INFORMATION FORM by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER. re #34 Notice of Interlocutory Appeal, (MCINTYRE, MICHELLE)
November 20, 2019 Filing 43 ANSWER to #16 Answer to Complaint,,,,, Counterclaim,,,, by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER. Related document: #16 Answer to Complaint,,,,, Counterclaim,,,, filed by 619047 ONTARIO LTD, HAWTHORNE 2018 LLC, BRIAN AUSTIN, DAN SAUTNER, MICHAEL MCLANE.(Rudolph, Amelia)
November 20, 2019 Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM regarding Counts III and IV of Counterclaim, or, in the alternative, MOTION for More Definite Statement by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER filed by Amelia Toy Rudolph. (Attachments: #1 Memorandum in Support)(Rudolph, Amelia)
November 20, 2019 Opinion or Order Filing 41 ORDER Modifying Temporary Stay re 37 Order on Motion to Stay. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/20/2019. (ggs)
November 20, 2019 Filing 40 USCA Case Number 19-14549-F re #34 Notice of Interlocutory Appeal, filed by LARRY SCHUMER, ANGUS F MCDUFFIE, RONALD LANG, GARY HENDERSHOT, WILLIAM J BRASSARD, GRETA RAFSKY, STEVEN M RAFSKY, AMY D BRASSARD. (ggs)
November 14, 2019 Filing 39 MEMORANDUM in Support of 37 Order on Motion to Stay,,,,, (Memorandum in Support of Plaintiffs' Proposed Interim Order Governing Management of the Company Pending Interlocutory Appeal) (Attachments: #1 Proposed Order)(Rudolph, Amelia)
November 13, 2019 DEPOSIT of Funds into Registry in the amount of $10,000.00, manual receipt number 42283; deposited by HAWTHORNE 2018 LLC. (ggs) Modified on 11/13/2019 to edit docket text. (ggs).
November 11, 2019 Filing 38 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: #34 Notice of Interlocutory Appeal, #35 Amended Document, #31 Order on Motion for Preliminary Injunction, Judge Appealed: Clay D. Land. Court Reporter: Betsy Peterson. Fee: PAID. (ggs)
November 11, 2019 Appeal Instructions re #34 Notice of Interlocutory Appeal,. The Transcript Information Form and instructions are available on the District Court website under Forms & Guides. **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 12/2/2019 (ggs)
November 9, 2019 Filing 37 This is a text only entry; no document issued. ORDER granting in part and denying in part #36 Motion to Stay Court's Preliminary Injunction. The Court is unconvinced that Plaintiffs have a reasonable likelihood of succeeding on their interlocutory appeal of the Court's granting a preliminary injunction in favor of Defendants. Nevertheless, in order to maintain the status quo temporarily, the Court stays its preliminary injunction but only as follows: (1)Defendants shall not take any further action to change the ownership of the company from what it was at the time that the Court entered the preliminary injunction without obtaining permission from the Court and/or relief from this temporary stay; and (2)the daily activities of the Company shall continue to be managed in the same manner that they have been managed since the conclusion of the Court's hearing on the motions for preliminary injunction. By November 14, 2019, the parties shall submit a joint proposed order to the Court setting out an agreement as to how the Company will be managed during the pendency of the interlocutory appeal. If agreement cannot be reached, the parties shall submit separate proposed orders. The Court will consider the parties positions at that time and determine whether this stay should be maintained, lifted or modified. Ordered by US DISTRICT JUDGE CLAY D LAND on November 9, 2019 (CDL)
November 8, 2019 Filing 36 MOTION to Stay Proceedings and Enforcement of Order Regarding Preliminary Injunction Pending Interlocutory Appeal re #31 Order on Motion for Preliminary Injunction, by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER filed by Amelia Toy Rudolph. (Attachments: #1 Memorandum in Support)(Rudolph, Amelia)
November 8, 2019 Filing 35 AMENDED NOTICE OF INTERLOCUTORY APPEAL by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER,amending #34 Notice of Interlocutory Appeal, (Rudolph, Amelia) Modified on 11/11/2019 (ggs).
November 8, 2019 Filing 34 NOTICE OF INTERLOCUTORY APPEAL as to #31 Order on Motion for Preliminary Injunction, by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER. Filing fee $ 505, Receipt No: CGAMDC-3310727. Transcript Order Form due by 11/25/2019 (Rudolph, Amelia)
November 8, 2019 Filing 32 RULES 16/26 ORDER:Proposed Scheduling/Discovery order due by 12/20/2019. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/8/2019. (CCL)
November 8, 2019 Opinion or Order Filing 31 ORDER granting #21 Motion for Preliminary Injunction; denying #2 Motion for Preliminary Injunction Ordered by US DISTRICT JUDGE CLAY D LAND on 11/08/2019 (CCL)
November 6, 2019 Filing 30 SECOND SUPPLEMENTAL MEMORANDUM in Support filed by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER re: #2 MOTION for Preliminary Injunction (Rudolph, Amelia) Modified on 11/7/2019 (ggs).
November 6, 2019 Filing 29 This is a text only entry; no document issued. ORDER granting #28 Motion for Leave to File. Plaintiffs shall file their supplemental brief as soon as is practicable, by 5:00 p.m. on November 7, 2019 at the latest. Ordered by US DISTRICT JUDGE CLAY D LAND on 11/6/2019 (CCL)
November 6, 2019 Filing 28 MOTION for Leave to File Second Supplemental Post-Hearing Memorandum in Support of Plaintiffs' Motion for Preliminary Injunction by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER filed by Amelia Toy Rudolph.(Rudolph, Amelia)
November 6, 2019 Filing 27 AFFIDAVIT in Opposition filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER re #21 MOTION for Preliminary Injunction, #2 MOTION for Preliminary Injunction, AFFIDAVIT in Support filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER (Manoll, Roy)
November 5, 2019 Filing 26 CERTIFICATE OF SERVICE by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER re #23 Affidavit in Opposition to Motion,, Affidavit in Support of Motion, #24 Affidavit in Opposition to Motion,, Affidavit in Support of Motion, (LAND, ADAM)
November 5, 2019 Filing 25 SUPPLEMENTAL MEMORANDUM in Support filed by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER re: #2 MOTION for Preliminary Injunction (Attachments: #1 Affidavit of Steven M. Rafsky, #2 Exhibit 1 to Affidavit -Incorporation Papers for SmallBizPros, Inc., filed with Secretary of State of Massachusetts, #3 Exhibit 2 to Affidavit - 11/6/2001 email from Brian Austin to Steven Rafsky and Dan Sautner, #4 Exhibit 3 to Affidavit - 4/18/2003 email from Brian Austin to Steven Rafsky, #5 Exhibit 4 to Affidavit - 1/23/2004 transmittal letter to Steven and Greta Rafsky, #6 Exhibit 5 to Affidavit - letter sent to shareholders in anticipation of 11/30/2010 shareholder meeting, with attachments, #7 Exhibit 6 to Affidavit - 12/7/2016 email from Terry Redden to Steven Rafsky, #8 Exhibit 7 to Affidavit - 4/10/2018 email from Terry Redden to Steven Rafsky, #9 Exhibit 8 to Affidavit - minutes of 4/12/2018 Board of Directors meeting)(Rudolph, Amelia) Modified on 11/6/2019 (ggs).
November 5, 2019 Filing 24 AFFIDAVIT in Opposition filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER re #21 MOTION for Preliminary Injunction, #2 MOTION for Preliminary Injunction, AFFIDAVIT in Support filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER (LAND, ADAM)
November 5, 2019 Filing 23 AFFIDAVIT in Opposition filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER re #21 MOTION for Preliminary Injunction, #2 MOTION for Preliminary Injunction, AFFIDAVIT in Support filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER (LAND, ADAM)
November 4, 2019 Filing 33 Minute Entry for proceedings held before US DISTRICT JUDGE CLAY D LAND: Motion Hearing held on 11/4/2019 re #2 MOTION for Preliminary Injunction filed by LARRY SCHUMER, ANGUS F MCDUFFIE, RONALD LANG, GARY HENDERSHOT, WILLIAM J BRASSARD, GRETA RAFSKY, STEVEN M RAFSKY, AMY D BRASSARD (Court Reporter Betsy Peterson.) (Attachments: #1 Exhibit 1--SmallBizPros, Inc and SmallBizPros LTD stock issued, #2 Exhibit 2--Agreement to form Holdco, USA Inc. and Holdco. Canada LTD.) (glg)
November 1, 2019 Filing 22 REPLY to Response filed by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER re #2 MOTION for Preliminary Injunction (Attachments: #1 Exhibit X (Affidavit of Steven M. Rafsky), #2 Exhibit Y (Affidavit of Angus F. McDuffie))(Rudolph, Amelia)
November 1, 2019 Filing 21 MOTION for Preliminary Injunction by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER filed by ADAM BRYANT LAND.(LAND, ADAM)
November 1, 2019 Filing 20 Jurisdictional Statement by 619047 ONTARIO LTD (Manoll, Roy)
November 1, 2019 Filing 19 Jurisdictional Statement by HAWTHORNE 2018 LLC (Manoll, Roy)
October 31, 2019 Notice of Deficiency (related document(s): #16 Answer to Complaint, counterclaim, filed by 619047 ONTARIO LTD, HAWTHORNE 2018 LLC, BRIAN AUSTIN, DAN SAUTNER, MICHAEL MCLANE); Pursuant to Local Rule 87.2 a Jurisdictional Statement must be filed. (ggs)
October 30, 2019 Filing 18 Corporate Disclosure Statement by HAWTHORNE 2018 LLC (Manoll, Roy)
October 30, 2019 Filing 17 Corporate Disclosure Statement by 619047 ONTARIO LTD (Manoll, Roy)
October 30, 2019 Filing 16 ANSWER to Complaint(), COUNTERCLAIM against All Plaintiffs by MICHAEL MCLANE, DAN SAUTNER, HAWTHORNE 2018 LLC, 619047 ONTARIO LTD, BRIAN AUSTIN with Jury Demand. (Attachments: #1 Exhibit Ex. "A" - Schedule of Shares & Votes Available 9/19/19, #2 Exhibit Ex. "B" - Articles of Incorporation, #3 Exhibit Ex. "C" - Letter from Plaintiff's counsel dated 9/22/19, #4 Exhibit Ex. "D" - 2000 Holdco Agreement, #5 Exhibit Ex. "E" - Two Side Letters Agreements, #6 Exhibit Ex. "F" - 2015 Shareholders' Meeting, #7 Exhibit Ex. "G" - Company's By-laws, #8 Exhibit Ex. "H" - Letter from Defendants' Counsel dated 9/25/19, #9 Exhibit Ex. "I" - Letter from Plaintiffs' Counsel dated 10/21/19, #10 Exhibit Ex. "J" - Email from Defendants' Counsel dated 10/22/19, #11 Exhibit Ex. "K" - Email from Plaintiffs' counsel dated 10/23/19)(Manoll, Roy)
October 29, 2019 Filing 15 RESPONSE filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER re #2 MOTION for Preliminary Injunction (Attachments: #1 Exhibit Ex. 1 - Action of the Shareholders dated Sept. 20, 2019, #2 Exhibit Ex. 2 - Unanimous Written Consent of BOD dated Sept. 20, 2019, #3 Exhibit Ex. 3 - Action of the Shareholders dated Oct. 22, 2019, #4 Exhibit Ex. 4 - Email from R. Manoll to A. Rudolph dated Oct. 25, 2019, #5 Exhibit Ex. 5 - Promissory Note dated May 31, 2005, #6 Exhibit Ex. 6 - Minutes of Special Stockholders Meeting dated Apr. 26, 2007, #7 Exhibit Ex. 7 - Certificate of Amendment dated June 8, 2007, #8 Exhibit Ex. 8 - Unanimous Written Consent of BOD dated April 26, 2007, #9 Exhibit Ex. 9 - Smallbizpros, Inc. Stock Certificate No. 49 dated April 26, 2007, #10 Exhibit Ex. 10 - Minutes of Meeting of the Shareholders dated Oct. 24, 2008, #11 Exhibit Ex. 11 - Agreement dated Jan. 19, 2010, #12 Exhibit Ex. 12 - Minutes of Meeting of the Shareholders dated Nov. 29, 2011, #13 Exhibit Ex. 13 - Minutes of Meeting of the Shareholders dated Nov. 30, 2010, #14 Exhibit Ex. 14 - Schedule of Approved Shares dated Nov. 3, 2015, #15 Exhibit Ex. 15 - Amendment to Agreement dated May 31, 2016, #16 Exhibit Ex. 16 - Minutes of Meeting of BOD dated April 12, 2018, #17 Exhibit Ex. 17 - Minutes of Meeting of BOD dated April 23, 2018, #18 Exhibit Ex. 18 - Minutes of Meeting of Board of Directions dated Dec. 21, 2018, #19 Exhibit Ex. 19 - Minutes of Meeting of BOD dated Feb. 28, 2019, #20 Exhibit Ex. 20 - Minutes of Meeting of BOD dated Aug. 1, 2019, #21 Exhibit Ex. 21 - Email and attachment from S. Rasky dated Oct. 23, 2019)(Manoll, Roy)
October 29, 2019 Notice of Deficiency (related document(s): #14 Response to Motion, filed by 619047 ONTARIO LTD, HAWTHORNE 2018 LLC, BRIAN AUSTIN, DAN SAUTNER, MICHAEL MCLANE ); The PACER login ID and password used to electronically file a document constitutes the Participants electronic signature for all purposes under the Federal Rules. All electronically filed documents must include a signature block and must set forth the filers name, address, telephone number and e-mail address. The name on the document and the name associated with the participants login ID must be the same. Document must be re-filed using the user credentials of the name of the attorney in the signature block. (ggs)
October 28, 2019 Filing 14 ***DISREGARD - REFILED AT TAB 15*** RESPONSE filed by 619047 ONTARIO LTD, BRIAN AUSTIN, HAWTHORNE 2018 LLC, MICHAEL MCLANE, DAN SAUTNER re #2 MOTION for Preliminary Injunction (Attachments: #1 Exhibit Ex. 1 - Action of the Shareholders dated Sept. 20, 2019, #2 Exhibit Ex. 2 - Unanimous Written Consent of BOD dated Sept. 20, 2019, #3 Exhibit Ex. 3 - Action of the Shareholders dated Oct. 22, 2019, #4 Exhibit Ex. 4 - Email from R. Manoll to A. Rudolph dated Oct. 25, 2019, #5 Exhibit Ex. 5 - Promissory Note dated May 31, 2005, #6 Exhibit Ex. 6 - Minutes of Special Stockholders Meeting dated Apr. 26, 2007, #7 Exhibit Ex. 7 - Certificate of Amendment dated June 8, 2007, #8 Exhibit Ex. 8 - Unanimous Written Consent of BOD dated Apr. 26, 2007, #9 Exhibit Ex. 9 - Smallbizpros, Inc. Stock Certificate No. 49 dated Apr. 26, 20, #10 Exhibit Ex. 10 - Minutes of Meeting of the Shareholders dated Oct. 24, 2008, #11 Exhibit Ex. 11 - Agreement dated Jan. 19, 2010, #12 Exhibit Ex. 12 - Minutes of Meeting of the Shareholders dated Nov. 29, 2011, #13 Exhibit Ex. 13 - Minutes of Meeting of the Shareholders dated Nov. 30, 2010, #14 Exhibit Ex. 14 - Schedule of Approved Shares dated Nov. 3, 2015, #15 Exhibit Ex. 15 - Amendment to Agreement dated May 31, 2016, #16 Exhibit Ex. 16 - Minutes of Meeting of BOD dated April 12, 2018, #17 Exhibit Ex. 17 - Minutes of Meeting of BOD dated April 23, 2018, #18 Exhibit Ex. 18 - Minutes of Meeting of Board of Directors dated Dec. 21, 2018, #19 Exhibit Ex. 19 - Minutes of Meeting of BOD dated Feb. 28, 2019, #20 Exhibit Ex. 20 - Minutes of Meeting of BOD dated Aug. 1, 2019, #21 Exhibit Ex. 21 - Email and attachment from S. Rasky dated Oct. 23, 2019)(LAND, ADAM) Modified on 10/29/2019 (ggs).
October 28, 2019 Filing 13 WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to 619047 ONTARIO LTD (Rudolph, Amelia)
October 28, 2019 Filing 12 WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to HAWTHORNE 2018 LLC (Rudolph, Amelia)
October 28, 2019 Filing 11 WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to MICHAEL MCLANE (Rudolph, Amelia)
October 28, 2019 Filing 10 WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to BRIAN AUSTIN (Rudolph, Amelia)
October 28, 2019 Filing 9 WAIVER OF SERVICE Returned Executed by All Plaintiffs. as to DAN SAUTNER (Rudolph, Amelia)
October 25, 2019 Filing 8 SUPPLEMENTAL MEMORANDUM in Support filed by AMY D BRASSARD, WILLIAM J BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F MCDUFFIE, GRETA RAFSKY, STEVEN M RAFSKY, LARRY SCHUMER re: #2 MOTION for Preliminary Injunction (Attachments: #1 Exhibit R (October 21, 2019 Letter from Rudolph to Hays, with attachments), #2 Exhibit S (October 22, 2019 Email from Manoll to Rudolph, with attachments), #3 Exhibit T (October 1, 2019 Demands for Inspection of Corporate Records by Shareholder Steven M. Rafsky), #4 Exhibit U (Composite of Documents Provided by SmallBizPros, Inc. on October 8, 2019 Regarding Preferred Shares of Angus F. McDuffie), #5 Exhibit V (Preliminary Minutes of October 23, 2019 Special Meeting of Board of Directors of SmallBizPros, Inc.), #6 Exhibit W (October 23, 2019 Email from Rudolph to Manoll, with attachments))(Rudolph, Amelia) Modified on 10/28/2019 to edit docket text. (ggs).
October 17, 2019 NOTICE OF RESETTING HEARING ON MOTION re #2 MOTION for Preliminary Injunction: Motion Hearing RESET for 11/4/2019 2:00 PM in Columbus before US DISTRICT JUDGE CLAY D LAND.--Defendants' response to Plaintiff's motion for preliminary injunction is due by October 28, 2019, and Plaintiffs' counsel shall use their best efforts to promptly notify Defendant and its counsel, if any, of the motion for preliminary injunction, the response brief deadline, and the hearing date. THIS HEARING WILL BE HELD IN COLUMBUS, GA.(glg)
October 15, 2019 Filing 7 Summons Issued as to 619047 ONTARIO LTD. (ggs)
October 15, 2019 Filing 6 Summons Issued as to HAWTHORNE 2018 LLC. (ggs)
October 15, 2019 Filing 5 Summons Issued as to MICHAEL MCLANE. (ggs)
October 15, 2019 Filing 4 Summons Issued as to BRIAN AUSTIN. (ggs)
October 15, 2019 Filing 3 Summons Issued as to DAN SAUTNER. (ggs)
October 15, 2019 Notice of Deficiency (related document(s): #1 Complaint, filed by STEVEN M. RAFSKY, LARRY SCHUMER, AMY D. BRASSARD, RONALD LANG, WILLIAM J. BRASSARD, GARY HENDERSHOT, ANGUS F. MCDUFFIE, GRETA RAFSKY); Parties were added using punctuation AND/OR title capitalization. The case opening guide states ***REMINDER*** all parties must be added using ALL CAPS (ie LISA SMITH or DELTA AIRLINES). Do not use ANY punctuation when adding new parties. For instructions on adding parties, please refer to the Style Guide located on the website for the Middle District of Georgia. NO NEED TO REFILE. (ggs)
October 15, 2019 NOTICE OF SETTING HEARING ON MOTION re #2 MOTION for Preliminary Injunction : Motion Hearing set for 11/4/2019 10:00 AM in COLUMBUS, GA before US DISTRICT JUDGE CLAY D LAND. --Defendants' response to Plaintiff's motion for preliminary injunction is due by October 28, 2019, and Plaintiffs' counsel shall use their best efforts to promptly notify Defendant and its counsel, if any, of the motion for preliminary injunction, the response brief deadline, and the hearing date.(glg) Modified on 10/15/2019 to bring attention to Hearing location(glg).
October 14, 2019 Filing 2 MOTION for Preliminary Injunction by AMY D. BRASSARD, WILLIAM J. BRASSARD, GARY HENDERSHOT, RONALD LANG, ANGUS F. MCDUFFIE, GRETA RAFSKY, STEVEN M. RAFSKY, LARRY SCHUMER filed by Amelia Toy Rudolph. (Attachments: #1 Memorandum in Support)(Rudolph, Amelia)
October 14, 2019 Filing 1 COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC-3286680, $400 filed by All Plaintiffs (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (2000 Block Voting Agreement), #3 Exhibit B (April 29, 2003 Letter Agreement), #4 Exhibit C (November 10, 2003 Distribution Addendum), #5 Exhibit D (2007 Amendments to the Articles of Incorporation), #6 Exhibit E (Minutes of November 3, 2015 Shareholder Meeting), #7 Exhibit F (Minutes of December 6, 2016 Meeting), #8 Exhibit G (Minutes of the December 21, 2018 Board of Directors Meeting), #9 Exhibit H (February 28, 2019 Board of Directors Meeting), #10 Exhibit I (Draft Minutes of the August 1, 2019 Board of Directors Meeting), #11 Exhibit J (Schedule of Shares & Votes Available), #12 Exhibit K (Transfer Agent Instruction Letter), #13 Exhibit L (August 31, 2002 Stock Subscription Agreement), #14 Exhibit M (February 7, 2000 Stock Subscription Agreement), #15 Exhibit N (May 8, 2000 Stock Subscription Agreement), #16 Exhibit O (Purported Action of Shareholders), #17 Exhibit P (Minutes of November 10, 2003 Board of Directors Meeting), #18 Exhibit Q (Purported Board Consent), #19 Summons for Dan Sautner, #20 Summons for Brian Austin, #21 Summons for Michael McLane, #22 Summons for Hawthorne 2018, LLC, #23 Summons for 619047 Ontario Ltd.)(Rudolph, Amelia)

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Search for this case: MCDUFFIE et al v. SAUTNER et al
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Plaintiff: STEVEN M. RAFSKY
Represented By: Amelia Toy Rudolph
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Plaintiff: WILLIAM J. BRASSARD
Represented By: Amelia Toy Rudolph
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Plaintiff: AMY D. BRASSARD
Represented By: Amelia Toy Rudolph
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Plaintiff: RONALD LANG
Represented By: Amelia Toy Rudolph
Represented By: MICHELLE TATUM MCINTYRE
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Plaintiff: GARY HENDERSHOT
Represented By: Amelia Toy Rudolph
Represented By: MICHELLE TATUM MCINTYRE
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Plaintiff: GRETA RAFSKY
Represented By: Amelia Toy Rudolph
Represented By: MICHELLE TATUM MCINTYRE
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Plaintiff: ANGUS F. MCDUFFIE
Represented By: Amelia Toy Rudolph
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Plaintiff: LARRY SCHUMER
Represented By: Amelia Toy Rudolph
Represented By: MICHELLE TATUM MCINTYRE
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Plaintiff: ANGUS F MCDUFFIE
Represented By: Amelia Toy Rudolph
Represented By: MICHELLE TATUM MCINTYRE
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Plaintiff: STEVEN M RAFSKY
Represented By: Amelia Toy Rudolph
Represented By: MICHELLE TATUM MCINTYRE
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Plaintiff: WILLIAM J BRASSARD
Represented By: Amelia Toy Rudolph
Represented By: MICHELLE TATUM MCINTYRE
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Plaintiff: AMY D BRASSARD
Represented By: Amelia Toy Rudolph
Represented By: MICHELLE TATUM MCINTYRE
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Defendant: 619047 ONTARIO LTD.
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Defendant: DAN SAUTNER
Represented By: ADAM BRYANT LAND
Represented By: Roy Edward Manoll, III
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Defendant: MICHAEL MCLANE
Represented By: ADAM BRYANT LAND
Represented By: Roy Edward Manoll, III
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Defendant: BRIAN AUSTIN
Represented By: ADAM BRYANT LAND
Represented By: Roy Edward Manoll, III
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Defendant: HAWTHORNE 2018, LLC
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Defendant: 619047 ONTARIO LTD
Represented By: ADAM BRYANT LAND
Represented By: Roy Edward Manoll, III
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Defendant: HAWTHORNE 2018 LLC
Represented By: ADAM BRYANT LAND
Represented By: Roy Edward Manoll, III
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