PROACTIVE MEASURES USA, LLC et al v. D'ANGELO et al
FOCAN, LLC and F.O.CAN, LLC |
PROACTIVE MEASURES USA, LLC and COURTNEY CLARK |
TOM D'ANGELO |
1:2020cv02496 |
September 28, 2020 |
US District Court for the Southern District of Indiana |
Mario Garcia |
Debra McVicker Lynch |
Jane Magnus-Stinson |
Contract: Other |
28 U.S.C. § 1441 |
None |
Docket Report
This docket was last retrieved on October 21, 2021. A more recent docket listing may be available from PACER.
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Filing 64 ORDER - In short, 362(a)(1)'s automatic stay does not extend to F.O.CAN. Defendants' Motion to Stay (originally filed as a Notice of Bankruptcy and Automatic Stay of Proceedings), #57 , is GRANTED IN PART to the extent that all claims against Mr. D'Angelo are STAYED pursuant to 11 U.S..C. 362(a)(1), but is DENIED IN PART to the extent that all claims against F.O.CAN are not stayed and SHALL PROCEED. (See Order for additional details). Signed by Judge Jane Magnus-Stinson on 10/21/2021. (MAC) |
Filing 63 Submission (Submission of Additional Authorities in Support of Objection to Motion to Stay), filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) Modified on 10/8/2021 to create link to #57 (MAC). |
Filing 62 RESPONSE Reply in Support of Motion to Stay, re #60 Response in Opposition to Motion, #58 Order, #57 Notice (Other), filed by Counter Claimants TOM D'ANGELO, F.O.CAN, LLC, Defendants TOM D'ANGELO, F.O.CAN, LLC. (Attachments: #1 Exhibit A - Operating Agreement)(Brinkerhoff, William) |
Filing 61 MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 9/16/2021. The parties appeared by counsel for a telephonic status conference. Briefing on the issue of Defendant D'Angelo's bankruptcy filing is ongoing. This matter is scheduled for a telephonic status conference on Tuesday, December 14, 2021 at 8:30 a.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mario Garcia. (NAD) |
Filing 60 RESPONSE in Opposition (Plaintiffs' Response to Defendants' Motion to Stay), filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) Modified on 10/8/2021 to create link to #57 (MAC). |
Filing 58 ORDER Construes Defendants' re #57 Notice filed by F.O.CAN, LLC, TOM D'ANGELO as a motion to stay the entire proceeding. The Court ORDERS Plaintiffs to file any response to Defendants' motion by September 27, 2021, and Defendants to file any reply by October 4, 2021. Signed by Judge Jane Magnus-Stinson on 9/13/2021. (MAC) |
Filing 57 NOTICE Notice of Bankruptcy and Automatic Stay of Proceedings, filed by Counter Claimants TOM D'ANGELO, F.O.CAN, LLC, Defendants TOM D'ANGELO, F.O.CAN, LLC (Attachments: #1 Exhibit A - Notice of Bankruptcy Case Filing) (Brinkerhoff, William) Modified on 10/4/2021 (MRI). |
Filing 56 ORDER granting Parties' #55 Joint Motion for Continuance of Trial and to Schedule Status Conference - IT IS HEREBY ORDERED that the Final Pretrial Conference and Trial of this action previously scheduled on December 2, 2021 and December 27, 2021 respectively, are hereby CONTINUED. IT IS FURTHER ORDERED that all case management deadlines are hereby VACATED. IT IS FURTHER ORDERED that the Final Pretrial Conference and Trial will be reset via separate Entry. This matter is scheduled for a telephonic status conference on Thursday, September 16, 2021 at 3:00 p.m. (Eastern) to discuss case status. Counsel shall attend the status conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mario Garcia on 8/23/2021.(SWM) |
Filing 55 Joint MOTION for Continuance (Joint Motion to Continue Trial and to Schedule Status Conference), filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Attachments: #1 Text of Proposed Order)(Richmond, Richard) |
Filing 54 Statement (of Claims and Defenses) by COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 53 Statement Defendants/Counterclaimants' Statement of Claims by TOM D'ANGELO, F.O.CAN, LLC. (Brinkerhoff, William) |
Filing 52 ORDER granting #50 Motion for Extension of Certain CMP Deadlines. It is further noted that these new deadlines may impact the trial date and parties should not expect any enlargements once briefing begins. Signed by Magistrate Judge Mario Garcia on 5/18/2021. (CBU) Modified on 5/19/2021 (CBU). |
Filing 51 NOTICE (Notice of No Objection), filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC, re #50 MOTION for Extension of Time to in which to #22 Order: Case Management Motion to Enlarge Certain Case Management Deadlines. (Richmond, Richard) |
Filing 50 MOTION for Extension of Time to in which to #22 Order: Case Management Motion to Enlarge Certain Case Management Deadlines, filed by Counter Claimants TOM D'ANGELO, TOM D'ANGELO, F.O.CAN, LLC, Defendants TOM D'ANGELO, F.O.CAN, LLC. (Attachments: #1 Text of Proposed Order)(Brinkerhoff, William) |
Filing 49 Reassignment of Case to Magistrate Judge Mario Garcia. Magistrate Judge Debra McVicker Lynch is no longer assigned to this case. Please include the new case number (1:20-cv-2496-JMS-MG), which includes the initials of the newly assigned judge, on all future filings in this matter. (JDad) |
Filing 48 MARGINAL ENTRY - The Court accepts the parties' Joint Report Regarding Jurisdiction, Dkt. #45 , as sufficient to establish this Court's diversity jurisdiction at this time. The Court cautions all parties that statements in future filings that contradict the parties' representations herein will prompt the Court to require further action by the parties. Accordingly, such statements should not be made without thorough investigation. Signed by Judge Jane Magnus-Stinson on 3/11/2021. (MAC) |
Filing 47 RESPONSE (Reply and Affirmative Defenses to Amended Counterclaims), re #46 Amended Answer to ComplaintCounterclaim, filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 46 AMENDED ANSWER to #28 Amended Complaint , Amended COUNTERCLAIM against COURTNEY CLARK, PROACTIVE MEASURES USA, LLC, filed by Counter Defendants COURTNEY CLARK, PROACTIVE MEASURES USA, LLC, Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Attachments: #1 Exhibit 1 - Revenue Sharing Agreement, #2 Exhibit 2 - Mutual NDA)(Brinkerhoff, William) |
Filing 45 REPORT Joint Report Regarding Jurisdiction by TOM D'ANGELO, F.O.CAN.LLC. (Brinkerhoff, William) |
Filing 44 ORDER - the Court ORDERS the parties to confer, conduct whatever investigation is necessary, and by March 9, 2021, file a joint Report to the Court that: (1) explains the basis for the inconsistencies addressed in this Order; and (2) properly sets forth each party's citizenship and whether the amount in controversy exceeds $75,000, exclusive of interest and costs. The parties are reminded that counsel has a professional obligation to analyze subject-matter jurisdiction, Heinen v. Northrop Grumman Corp., 671 F.3d 669, 670 (7th Cir. 2012), and a federal court always has a responsibility to ensure that it has jurisdiction, Hukic v. Aurora Loan Servs., 588 F.3d 420, 427 (7th Cir. 2009). In addition, the Court strongly cautions all parties that statements in future filings which contradict the parties' representations in the joint Report will prompt the Court to require further action to correct, clarify, or explain those inconsistencies. Accordingly, such statements should not be made without thorough investigation. Finally, the Clerk is DIRECTED to update the docket to reflect the correct spelling of the name of Defendant/Counterclaimant F.O.CAN, LLC. (See Order). Signed by Judge Jane Magnus-Stinson on 2/24/2021.(MAC) |
Filing 43 NOTICE of Appearance by Cameron S. Huffman on behalf of Counter Claimants TOM D'ANGELO, FOCAN, LLC, Defendants TOM D'ANGELO, FOCAN, LLC. (Huffman, Cameron) |
Filing 42 Witness List , filed by Counter Defendants COURTNEY CLARK, PROACTIVE MEASURES USA, LLC, Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC, Exhibit List , filed by Counter Defendants COURTNEY CLARK, PROACTIVE MEASURES USA, LLC, Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 41 RESPONSE (Reply and Affirmative Defenses to Amended Counterclaims), re #31 Answer to Amended ComplaintCounterclaim, filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 40 MARGINAL ENTRY granting Plaintiffs' #39 Motion to Withdraw Motion for Appointment of Receiver; withdrawing Plaintiffs' #13 Motion to Appoint Receiver. Signed by Magistrate Judge Debra McVicker Lynch on 2/2/2021. (SWM) |
Filing 39 MOTION to Withdraw #13 MOTION to Appoint Receiver (Withdrawal of Motion for Appointment of Receiver), filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 38 ORDER Directing Reply- Plaintiffs filed a motion to appoint receiver (Dkt. #13 ). The defendants filed their response in opposition at Dkt. #16 . The plaintiffs may file a reply, if any, by February 1, 2021. Signed by Magistrate Judge Debra McVicker Lynch on 1/25/2021.(SWM) |
Filing 37 ORDER denying as moot #35 Motion for Extension of Time (MARGINAL ENTRY). Signed by Magistrate Judge Debra McVicker Lynch on 1/21/2021. (CBU) |
Filing 36 ORDER granting #32 Motion to Vacate Settlement Conference and all related deadlines. Signed by Magistrate Judge Debra McVicker Lynch on 1/21/2021.(CBU) |
Filing 35 MOTION for Extension of Time to January 25, 2021 in which to #24 Scheduling Order (Motion for Extension of Time to Submit Confidential Settlement Statement), filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Attachments: #1 Text of Proposed Order)(Richmond, Richard) |
Filing 34 RESPONSE in Opposition re #32 MOTION to Vacate #24 Scheduling Order Settlement Conference (Objection to Motion to Vacate Settlement Conference), filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 33 Witness List (Preliminary), filed by Counter Claimants TOM D'ANGELO, FOCAN, LLC, Defendants TOM D'ANGELO, FOCAN, LLC, Exhibit List (Preliminary), filed by Counter Claimants TOM D'ANGELO, FOCAN, LLC, Defendants TOM D'ANGELO, FOCAN, LLC. (Brinkerhoff, William) |
Filing 32 MOTION to Vacate #24 Scheduling Order Settlement Conference, filed by Counter Claimants TOM D'ANGELO, TOM D'ANGELO, FOCAN, LLC, FOCAN, LLC, Defendants TOM D'ANGELO, FOCAN, LLC. (Attachments: #1 Text of Proposed Order)(Brinkerhoff, William) |
Filing 31 ANSWER to #28 Amended Complaint and, COUNTERCLAIM against COURTNEY CLARK, PROACTIVE MEASURES USA, LLC, filed by FOCAN, LLC, TOM D'ANGELO. (Attachments: #1 Exhibit 1 - Revenue Sharing Agreement, #2 Exhibit 2 - Mutual Non-Disclosure Agreement)(Brinkerhoff, William) |
Filing 30 ORDER Regarding Discovery Disputes. See Order. Signed by Magistrate Judge Debra McVicker Lynch on 1/11/2021.(SWM) |
Filing 29 SCHEDULING ORDER: Final Pretrial Conference set for 12/2/2021 at 09:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Jury Trial set for 12/27/2021 at 09:00 AM in room #202, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Jane Magnus-Stinson. Counsel are reminded of the required pretrial preparation deadlines set forth in paragraph VIII of the case management plan, dkt #22 . Counsel are further reminded to review the undersigned's Practices and Procedures, available at docket #6 . Signed by Judge Jane Magnus-Stinson on 1/8/2021.(MAC) |
Filing 28 AMENDED COMPLAINT against TOM D'ANGELO, FOCAN, LLC, filed by PROACTIVE MEASURES USA, LLC and COURTNEY CLARK.(SWM) |
Filing 27 ORDER granting Plaintiffs' #26 Motion for Leave to File Amended Complaint. Signed by Magistrate Judge Debra McVicker Lynch on 12/29/2020. (SWM) |
Filing 26 MOTION for Leave to File (Motion for Leave to File Amended Complaint), filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Attachments: #1 Text of Proposed Order)(Richmond, Richard) |
Filing 25 Statement (Joint Jurisdictional Statement) by COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 24 SCHEDULING ORDER - This case is set for a settlement conference on January 27, 2021, at 1:30 p.m. (Eastern), before Magistrate Judge Debra McVicker Lynch. The settlement conference will be held by telephone. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. (See Order.) Signed by Magistrate Judge Debra McVicker Lynch on 11/19/2020. (NAD) |
Filing 23 ORDER - the parties are again ORDERED to file a Joint Jurisdictional Statement by November 30, 2020, which properly sets forth the citizenship of each party and the amount in controversy. If agreement cannot be reached on the contents of a Joint Jurisdictional Statement, competing statements must be filed by that date. The Court reminds the parties of their obligation to comply with all Court orders and cautions them to review Court orders carefully and to ensure that they are providing the information required. (See Order). Signed by Judge Jane Magnus-Stinson on 11/13/2020.(MAC) |
Filing 22 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 6/30/2021. Discovery due by 5/31/2021. Signed by Magistrate Judge Debra McVicker Lynch on 11/10/2020.(SWM) |
Filing 21 Entry and Order from Initial Pretrial Conference - The parties, by counsel, appeared for an initial pretrial conference on November 9, 2020, with the magistrate judge. The case management plan submitted in this case is approved as modified by the magistrate judge in the margins of the case management plan. Signed by Magistrate Judge Debra McVicker Lynch. (JLS) |
Filing 20 CASE MANAGEMENT PLAN TENDERED, filed by Counter Claimants TOM D'ANGELO, FOCAN, LLC, Defendants TOM D'ANGELO, FOCAN, LLC . (Brinkerhoff, William) |
Filing 18 ORDER - In order for the Court to determine whether it has diversity jurisdiction over this matter, the parties are ORDERED to conduct whatever investigation is necessary and file a Joint Jurisdictional Statement by November 9, 2020, properly setting forth each party's citizenship and whether the amount in controversy exceeds $75,000, exclusive of interest and costs. If agreement cannot be reached on the contents of a Joint Jurisdictional Statement, competing statements must be filed by that date. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 10/26/2020.(JDH) |
Filing 17 SCHEDULING ORDER - Initial Pretrial Conference by telephone set for 11/9/2020 10:30 AM (Eastern Time) before Magistrate Judge Debra McVicker Lynch. The court will contact counsel by separate email through the court's electronic filing system with the call-in information to be used to participate in the conference. Signed by Magistrate Judge Debra McVicker Lynch on 10/22/2020.(AKW) |
Filing 16 RESPONSE in Opposition re #13 MOTION to Appoint Receiver , filed by Counter Claimants TOM D'ANGELO, FOCAN, LLC, Defendants TOM D'ANGELO, FOCAN, LLC. (Attachments: #1 Text of Proposed Order)(Brinkerhoff, William) |
Filing 15 ANSWER to Complaint (Notice of Removal) , COUNTERCLAIM against All Plaintiffs, filed by All Defendants. (Attachments: #1 Exhibit 1 - Revenue Sharing Agreement, #2 Exhibit 2 - Mutual NDA)(Brinkerhoff, William) |
Filing 14 RESPONSE , re #1 Notice of Removal, filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 13 MOTION to Appoint Receiver , filed by Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Attachments: #1 Text of Proposed Order)(Richmond, Richard) |
Filing 12 Corporate Disclosure Statement by PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 11 NOTICE of Appearance by Richard Charles Richmond, III on behalf of Plaintiffs COURTNEY CLARK, PROACTIVE MEASURES USA, LLC. (Richmond, Richard) |
Filing 10 ORDER denying as moot Defendants' #8 Motion for Extension of Time to File Response to Complaint; granting Defendants' #9 Amended Motion for Extension of Time to File Response to Complaint to 10/21/2020. Signed by Magistrate Judge Debra McVicker Lynch on 10/1/2020. (SWM) |
Filing 9 Amended MOTION for Extension of Time to 10/21/2020 in which to #8 MOTION for Extension of Time to 10/21/2020 in which to #1 Notice of Removal Motion for Extension of Time to Answer or Otherwise Plead, #1 Notice of Removal Amended Motion for Extension of Time to Answer or Otherwise Plead, filed by Defendants TOM D'ANGELO, FOCAN, LLC. (Attachments: #1 Text of Proposed Order)(Brinkerhoff, William) |
Filing 8 MOTION for Extension of Time to 10/21/2020 in which to #1 Notice of Removal Motion for Extension of Time to Answer or Otherwise Plead, filed by Defendants TOM D'ANGELO, FOCAN, LLC. (Attachments: #1 Text of Proposed Order)(Brinkerhoff, William) |
Filing 7 Receipt of State Court Record from Marion Superior Court, cause number 49D01-2008-CC-029133. (JDH) |
Filing 6 PRACTICES AND PROCEDURES before Judge Jane Magnus-Stinson. (JDH) |
Filing 5 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
Filing 4 NOTICE Notice of Pending State Court Motion, filed by Defendants TOM D'ANGELO, FOCAN, LLC (Brinkerhoff, William) |
Filing 3 Corporate Disclosure Statement by FOCAN, LLC. (Brinkerhoff, William) |
Filing 2 NOTICE of Appearance by William J. Brinkerhoff on behalf of Defendants TOM D'ANGELO, FOCAN, LLC. (Brinkerhoff, William) |
Filing 1 NOTICE OF REMOVAL from Marion County Commercial Court, case number Proactive Measures USA, LLC and Courtney Clark v. Tom D'Angelo and FOCAN, LLC, filed by All Defendants. (Filing fee $400, receipt number 0756-6201637) (Attachments: #1 State Court Record (CCS, Complaint, Appearance, Commercial Court Identifying Notice, Motion for Appointment of Receiver, Motion for Leave to Effect Service on Defendants by Email and Text, Order Setting Hearing on Motion for Appointment of Receiver, Order Granting Leave to Effect Service on Defendants by Email and Text, Summons to Tom D'Angelo, Summons to FOCAN, LLC, Motion for Order Requiring Defendants to Produce Books and Records in Advance of Receivership Hearing, Proof of Service, Order Requiring Production of Books and Records in Advance of Receivership Hearing, Order Resetting Hearing, Appearance, Agreed Motion to Continue Hearing, Order Granting Agreed Motion to Continue Hearing, Notice of Automatic Enlargement, Notice of Compliance), #2 Exhibit B - Operative Complaint, #3 Civil Cover Sheet)(Brinkerhoff, William) |
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