White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC v. Safe Harvest Medical et al
| White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC |
| Safe Harvest Medical, Garrett Mann and Jason Tomlinson |
| 1:2022cv01363 |
| March 15, 2022 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 35 CERTIFICATE of Service by Brian L. Shaw on behalf of White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC regarding order #33 , order on motion for default judgment,,,,,,,, order on motion for hearing,,,, set deadlines,,, #31 (Shaw, Brian) |
| Filing 34 CERTIFICATE of Service by Brian L. Shaw on behalf of White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC regarding order on motion for default judgment,,,,,,,, order on motion for hearing,,,, set deadlines,,, #31 , order #32 (Shaw, Brian) |
Filing 33
ORDER GRANTING DEFAULT JUDGMENT AGAINST DEFENDANT SAFE HARVEST MEDICAL, LLC Signed by the Honorable Franklin U. Valderrama on 10/6/2022. Mailed notice (axc).
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Filing 32
ORDER GRANTING DEFAULT JUDGMENT AGAINST DEFENDANT GARRETT MANN Signed by the Honorable Franklin U. Valderrama on 10/6/2022. Mailed notice (axc).
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| Filing 31 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motions and supported by the declarations attached thereto, Plaintiff's motions for default judgment against Defendant Safe Harvest Medical #29 and Defendant Garrett Mann #28 are granted. Enter Default Judgment Orders. The Court directs Plaintiff to mail a copy of this minute entry and the default judgment orders to Defendant Safe Harvest Medical and Defendant Garrett Mann to Safe Harvest no later than 10/13/2022 via USPS First Class Mail or a similar mailing service. Plaintiff's motion for hearing #30 is denied as moot. This case continues against Defendant Jason Tomlinson, but remains stayed pursuant to 11 U.S.C. 362. Plaintiff is instructed to file a status report by 1/4/2023 as to the status of Defendant Tomlinson's pending bankruptcy case. Mailed notice (axc). |
| Filing 30 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for hearing (Shaw, Brian) |
| Filing 29 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for default judgment as to Defendant Safe Harvest Medical, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Ghattas, Tia) |
| Filing 28 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for default judgment as to Defendant Garrett Mann (Attachments: #1 Exhibit A, #2 Exhibit B)(Ghattas, Tia) |
| Filing 27 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC's motion for extension of time to file Motion for Default Judgment Against Garrett Mann #26 is granted. By 7/28/2022, the Court directs Plaintiff to file either (1) a default judgment motion, (2) a notice of settlement or the appropriate dismissal documents if the parties reach a settlement, or (3) a status report indicating the status of the parties' settlement negotiations. Mailed notice (axc). |
| Filing 26 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for extension of time to file Motion for Default Judgment Against Garrett Mann (Shaw, Brian) |
| Filing 25 MINUTE entry before the Honorable Franklin U. Valderrama: Three matters are currently before the Court. First, in its motion for extension of time to file joint initial status report #21 , Plaintiff informed the Court that Defendant Jason Tomlinson (Tomlinson) had filed a voluntary petition for relief under chapter 7 of title 11 of the United States Code (the "Bankruptcy Code") in the United States Bankruptcy Court for the District of South Carolina. According to the public docket, that case number is 22-01272-dd. Therefore, all proceedings in this Court as to Defendant Tomlinson are stayed pursuant to 11 U.S.C. 362. Second, the Court grants Plaintiff's motion for entry of default against Defendant Garrett Mann (Mann) #22 . Default is entered against Mann under Federal Rule of Civil Procedure 55(a). The Court directs Plaintiff to mail a copy of this minute entry to Mann at his service address no later than 6/13/2022 via USPS First Class Mail or a similar mailing service. By 7/7/2022, Plaintiff shall file a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b). Third, the Court has reviewed Plaintiff's Motion for Default Judgment against Defendant Safe Harvest Medical, LLC #23 . The Court denies the motion without prejudice the motion lacks any documentary evidence in support of the request for attorneys' fees and costs. For amounts requested through default judgment, including attorneys' fees, proof such as billing records or invoices shall be filed with the motion for default judgment. See e360 Insight, Inc. v. The Spamhaus Project, 500 F.3d 594, 602 (7th Cir. 2007) ("Under the law of this circuit, judgment by default may not be entered without a hearing on damages unless the amount claimed is liquidated or capable of ascertainment from definite figures contained in the documentary evidence or in detailed affidavits.") (citing and quoting Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319, 1323 (7th Cir. 1983)); see also Douglas v. Keen, 2007 WL 2915586, at *2 (S.D. Ill. Oct. 5, 2007), supplemented, 2007 WL 3120111 (S.D. Ill. Oct. 23, 2007). Any renewed motion should include documentary evidence regarding Plaintiff's costs and attorney's fees. Mailed notice (axc). |
| Filing 24 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's Motion for Extension of Time to File Joint Initial Status Report #21 . The deadline for the parties' to file the joint initial status report is extended to 07/18/2022. Mailed notice (axc). |
| Filing 23 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for default judgment as to Defendant Safe Harvest Medical, LLC (Attachments: #1 Exhibit A)(Ghattas, Tia) |
| Filing 22 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for entry of default (against Defendant Garrett Mann) (Attachments: #1 Exhibit Group Exhibit A, #2 Exhibit Exhibit B)(Shaw, Brian) |
| Filing 21 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for extension of time to file Joint Initial Status Report (Shaw, Brian) |
| Filing 20 MINUTE entry before the Honorable Franklin U. Valderrama: For the reasons stated in the motion, the Court grants Plaintiff's motion for extension of time to file motion for default judgment against Safe Harvest Medical #19 . Plaintiff's motion is due by 6/1/2022. Mailed notice (cn). |
| Filing 19 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for extension of time to file Motion for Default Judgment Against Safe Harvest Medical (Shaw, Brian) |
| Filing 18 AFFIDAVIT of Service filed by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC regarding Summons, Complaint, Exhibits served on Garrett Mann on 05-10-2022 (Doig, Amy) |
| Filing 17 CORRECTED MINUTE entry #16 before the Honorable Franklin U. Valderrama: The Court grants Plaintiff's motion for entry of default against Defendant Safe Harvest Medical, LLC (Safe Harvest) 12 Default is entered against Safe Harvest under Federal Rule of Civil Procedure 55(a). The Court directs Plaintiff to mail a copy of this minute entry to Safe Harvest no later than 5/3/2022 via USPS First Class Mail or a similar mailing service. By 5/20/2022, Plaintiff shall file a motion for default judgment pursuant to Federal Rule of Civil Procedure 55(b). The Court denies Plaintiff's motion for entry of default against Defendant Jason Tomlinson (Tomlinson). As the Court stated in its minute entry of 4/26/2022 10, the Court construed Tomlinson's letter 9 as a motion for an extension of time to answer or otherwise response to the complaint, and granted Tomlinson's request, giving him up to 5/26/2022 to answer or otherwise respond to the complaint. Therefore, Plaintiff's motion for entry of default 13 is premature. Mailed notice (axc). |
| Filing 16 MINUTE entry before the Honorable Franklin U. Valderrama: The Court denies Plaintiff's motion for entry of default against Defendant Safe Harvest Medical, LLC (Safe Harvest) #12 without prejudice. Plaintiff's motion does not include a certificate of service or other indication of whether the motion was sent to Safe Harvest. If Plaintiff files a renewed motion for entry of default, it must include a certificate of service, indicating the manner and date of service of the motion on Safe Harvest. The Court denies Plaintiff's motion for entry of default against Defendant Jason Tomlinson (Tomlinson). As the Court stated in its minute entry of 4/26/2022 #10 , the Court construed Tomlinson's letter #9 as a motion for an extension of time to answer or otherwise response to the complaint, and granted Tomlinson's request, giving him up to 5/26/2022 to answer or otherwise respond to the complaint. Therefore, Plaintiff's motion for entry of default #13 is premature. Mailed notice (axc). |
| Filing 15 NOTICE by White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC re MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for entry of default (against defendant Jason Tomlinson) #13 (Shaw, Brian) |
| Filing 14 NOTICE by White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC re MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for entry of default (against defendant Safe Harvest Medical, LLC) #12 (Shaw, Brian) |
| Filing 13 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for entry of default (against defendant Jason Tomlinson) (Attachments: #1 Exhibit Group Exhibit A, #2 Exhibit B, #3 Exhibit C)(Shaw, Brian) |
| Filing 12 MOTION by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC for entry of default (against defendant Safe Harvest Medical, LLC) (Attachments: #1 Exhibit Group Exhibit A, #2 Exhibit B)(Shaw, Brian) |
| Filing 11 ATTORNEY Appearance for Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC by Brian L. Shaw (Shaw, Brian) |
| Filing 10 MINUTE entry before the Honorable Franklin U. Valderrama: The Court has reviewed the letter filed by Defendant Jason Tomlinson (Tomlinson), in which he denies the allegations of the Complaint, and states that he is currently seeking counsel, but responded to the complaint to avoid default #9 . Tomlinson has not filed a pro se appearance in this case, nor has counsel filed an appearance on his behalf. The Court construes Tomlinson's letter as a request for an extension of time to answer or otherwise respond to the complaint, so that Tomlinson can hire counsel. The Court grants Tomlinson until 5/26/2022 to answer or otherwise respond to the complaint. If Tomlinson is not able to hire counsel before 5/26/2022, the Court directs Tomlinson's attention to the U.S. District Court Hibbler Memorial Pro Se Assistance Program, information about which can be found at: https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or 312-435-5691, to assist with answering or otherwise responding to the Complaint in a manner that comports with the Federal and Local Rules. Tomlinson (and all parties) are also reminded that, pursuant to the Court's Standing Order, "[b]efore filing a motion, the movant's counsel must ask opposing counsel whether there is an objection to the motion. Whether the motion is opposed or unopposed should be so identified in the title and body of the motion." Mailed notice (axc). |
| Filing 9 LETTER from Jason Tomlinson dated 4/11/2022. (Attachments) (ph, ) |
| Filing 8 AFFIDAVIT of Service filed by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC regarding Summons and Complaint served on Francine Cunha, Wife of Jason Tomlinson on March 22, 2022 (Doig, Amy) |
| Filing 7 AFFIDAVIT of Service filed by Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC regarding Summons and Complaint served on Safe Harvest Medical c/o Cloud Peak Law Group P.C. on March 17, 2022 (Doig, Amy) |
| SUMMONS Issued as to Defendants Garrett Mann, Safe Harvest Medical, Jason Tomlinson (jk2, ) |
| Filing 6 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 05/30/2022 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). |
| Filing 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC (PLAINTIFF'S RULE 3.2 and 7.1 DISCLOSURE STATEMENT) (Ghattas, Tia) |
| Filing 4 ATTORNEY Appearance for Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC by Amy Doig (Doig, Amy) |
| Filing 3 ATTORNEY Appearance for Plaintiff White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC by Tia Christine Ghattas (Ghattas, Tia) |
| Filing 2 CIVIL Cover Sheet (Ghattas, Tia) |
| Filing 1 COMPLAINT filed by White Thorne Capital, LLC f/k/a McGraw Capital Partners, LCC; Filing fee $ 402, receipt number 0752-19247886. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Ghattas, Tia) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (lw, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (lw, ) |
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