ARK National Holdings LLC v. WeCampaign LLC et al
| ARK National Holdings LLC |
| WeOffers.com, Aram Shirinyan, Titan Digital LLC, WeCampaign LLC and Armen Youssefian |
| Richard McDonald and Peter McLoughlin |
| 1:2021cv10893 |
| May 27, 2021 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Defend Trade Secrets Act (of 2016) |
| Both |
Docket Report
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This docket was last retrieved on August 2, 2022. A more recent docket listing may be available from PACER.
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| Filing 69 Judge Richard G. Stearns: ORDER entered. 60-Day Settlement Order of Dismissal. (Pacho, Arnold) |
| Filing 68 ANSWER to Counterclaim by ARK National Holdings LLC, Richard McDonald, Peter McLoughlin.(Van Dyck, Timothy) |
| Filing 67 Judge Richard G. Stearns: PROTECTIVE ORDER entered. (RGS, law2) |
| Filing 66 Judge Richard G. Stearns: ELECTRONIC ORDER entered re: the parties' request for clarification of the scheduling order. Given the court's determination that defendants are all essentially under Youssefian's control, see Dkt # 54 at 12, the discovery request limitations in the scheduling order apply to each side of the dispute. Put differently, ARK is limited to 30 interrogatories in total to serve on all defendants, and defendants are limited to 30 interrogatories in total to serve on ARK. However, the discovery request limitations apply separately to each counterclaim defendant -- in other words, defendants may serve 30 interrogatories on McDonald and 30 interrogatories on McLoughlin, and McDonald and McLoughlin may serve 30 interrogatories each on defendants.The court notes that, if necessary, the parties may seek additional discovery requests upon showing of good cause to the court.(RGS, law2) |
| Filing 65 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #59 Motion to join non-parties as counterclaim defendants. Counterclaim defendants Richard McDonald and Peter McLoughlin have until February 17, 2022, to file their responsive pleading to the defendants' counterclaims. (RGS, law2) |
| Filing 64 STIPULATION Proposed Protective Order by ARK National Holdings LLC. (Mawhinney, David) |
| Filing 63 STATUS REPORT and Request for Clarification by Armen Youssefian. (Francis, Jeffrey) |
| Filing 62 Judge Richard G. Stearns: ELECTRONIC ORDER entered. Order Lifting Stay. (Pacho, Arnold) |
| Filing 61 Judge Richard G. Stearns: ELECTRONIC ORDER entered. The Answer to Amended Complaint having been filed, the court enters the following pretrial schedule:Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 3/7/22; Motions for leave to Amend Pleadings & Joinder of Parties must be filed by 4/18/22. Without leave of court, the parties are permitted to serve 30 interrogatories, 30 requests for admissions and 30 document requests, to be served within the 30 days of initial disclosures. The court expects responses to be made in thirty days, unless a request for additional time is granted. A party may not notice more than six deponents without leave of court on a showing of good cause. If all parties would like to participate in the court's mediation program, they must notify our docket clerk Arnold Pacho (617-748-9812) by 7/5/22 (it may take several weeks to get a mediation date). All fact discovery must be completed no later than 8/1/22. Dispositive Motions are due by 8/26/22, with Oppositions to dispositive motions due 9/16/22. Reply, if any, by leave of court. If a party intends to utilize an expert, they must file a notice on the docket no later than 6/17/22, in order for the court to consider whether an expert is appropriate and, if so, to alter the existing schedule. (Zierk, Marsha) |
| Filing 60 MEMORANDUM in Support re #59 MOTION To Join Non-Parties as Counterclaim Defendants filed by Armen Youssefian. (Francis, Jeffrey) |
| Filing 59 MOTION To Join Non-Parties as Counterclaim Defendants by Armen Youssefian.(Francis, Jeffrey) |
| Filing 58 Defendants' ANSWER to #41 Amended Complaint,, and Armen Youssefian's, Proposed COUNTERCLAIM Against Non-Parties Richard McDonald and Peter McLaughlin and against All Plaintiffs by Armen Youssefian. (Attachments: #1 A, #2 B, #3 C part 1, #4 C part 2, #5 D)(Francis, Jeffrey) |
| Filing 57 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #56 Motion for Extension of Time. (RGS, law2) |
| Filing 56 Assented to MOTION for Extension of Time to January 27, 2022 to File Answer and Counterclaim to Remaining Counts in Plaintiff's Second Amended Complaint by Armen Youssefian.(Francis, Jeffrey) |
| Filing 55 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #51 Motion for Sanctions. Defendants' motion for sanctions essentially hinges on two points of contention: (1) Youssefian's signature on the Digital Marketing Agreement is forged, and (2) Youssefian disclosed the existence of WeOffers to the other members at ARK such that ARK was aware of WeOffers's existence throughout the events at issue. At the motion-to-dismiss stage, the court must "constru[e] the well-pleaded facts of the complaint in the light most favorable to the plaintiffs." Ocasio-Hernandez v. Fortuno-Burset, 640 F.3d 1, 7 (1st Cir. 2011). Defendants' contentions are issues of fact that are best resolved through the discovery process. Accordingly, defendants' motion for sanctions is hereby DENIED without prejudice. (RGS, law2) |
| Filing 54 Judge Richard G. Stearns: ORDER entered granting in part and denying in part #48 Motion to Dismiss. (RGS, law2) |
| Filing 53 MEMORANDUM in Support re #51 MOTION for Sanctions Against Bowditch & Dewey and Ark's Counsel of Record filed by Armen Youssefian. (Attachments: #1 Declaration of Zev Ribakoff, #2 Declaration of Armen Youssefian)(Francis, Jeffrey) |
| Filing 52 MEMORANDUM in Support re #51 MOTION for Sanctions Against Bowditch & Dewey and Ark's Counsel of Record filed by Armen Youssefian. (Francis, Jeffrey) |
| Filing 51 MOTION for Sanctions Against Bowditch & Dewey and Ark's Counsel of Record by Armen Youssefian.(Francis, Jeffrey) |
| Filing 50 Opposition re #48 MOTION to Dismiss Second Amended Complaint with certificate of service filed by ARK National Holdings LLC. (Van Dyck, Timothy) |
| Filing 49 MEMORANDUM in Support re #48 MOTION to Dismiss Second Amended Complaint filed by Armen Youssefian. (Francis, Jeffrey) |
| Filing 48 MOTION to Dismiss Second Amended Complaint by Armen Youssefian.(Francis, Jeffrey) |
| Filing 47 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying as moot #25 Motion for Sanctions. (RGS, law2) |
| Filing 46 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #45 Motion to Withdraw #45 Joint MOTION to Withdraw #25 MOTION for Sanctions MOTION FOR IMPOSITION OF MONETARY SANCTIONS AGAINST BOWDITCH & DEWEY AND ATTORNEYS DAVID MAWHINNEY, TIMOTHY VAN DYCK AND ROBERT YOUNG PURSUANT TO FED. R. CIV. P. 11 and 28 U.S.C. 1927. (RGS, law2) |
| Filing 45 Joint MOTION to Withdraw #25 MOTION for Sanctions MOTION FOR IMPOSITION OF MONETARY SANCTIONS AGAINST BOWDITCH & DEWEY AND ATTORNEYS DAVID MAWHINNEY, TIMOTHY VAN DYCK AND ROBERT YOUNG PURSUANT TO FED. R. CIV. P. 11 and 28 U.S.C. 1927, #26 Memorandum in Support of Motion, with certificate of service by ARK National Holdings LLC.(Van Dyck, Timothy) |
| Filing 44 NOTICE of Appearance by David R. Fitzpatrick on behalf of Armen Youssefian (Fitzpatrick, David) |
| Filing 43 SUR-REPLY to Motion re #25 MOTION for Sanctions MOTION FOR IMPOSITION OF MONETARY SANCTIONS AGAINST BOWDITCH & DEWEY AND ATTORNEYS DAVID MAWHINNEY, TIMOTHY VAN DYCK AND ROBERT YOUNG PURSUANT TO FED. R. CIV. P. 11 and 28 U.S.C. 1927 with certificate of service filed by ARK National Holdings LLC. (Van Dyck, Timothy) |
| Filing 42 CERTIFICATE OF SERVICE pursuant to LR 5.2 by ARK National Holdings LLC re #41 Amended Complaint,, . (Van Dyck, Timothy) |
| Filing 41 AMENDED COMPLAINT Second Amended Complaint against Armen Youssefian, WeOffers.com, Titan Digital LLC, WeCampaign LLC, filed by ARK National Holdings LLC. (Attachments: #1 Exhibit Arsenal Report, #2 Exhibit Statement of Understanding, #3 Exhibit Digital Marketing Agreement, #4 Exhibit Profit Interest Award Agreement, #5 Exhibit Operating Agreement, #6 Exhibit Buy Sell Agreement, #7 Exhibit Email Correspondence, #8 Exhibit Confidentiality Agreement, #9 Exhibit Termination Letter)(Van Dyck, Timothy) |
| Filing 40 Judge Richard G. Stearns: ORDER entered denying #37 Motion for Reconsideration re 34 Order on Motion to Dismiss/Lack of Jurisdiction #29 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT ARAM SHIRINYANS NOTICE OF MOTION TO DISMISS THE FIRST AMENDED COMPLAINT filed by ARK National Holdings LLC (RGS, law2) |
| Filing 39 REPLY to Response to #25 MOTION for Sanctions MOTION FOR IMPOSITION OF MONETARY SANCTIONS AGAINST BOWDITCH & DEWEY AND ATTORNEYS DAVID MAWHINNEY, TIMOTHY VAN DYCK AND ROBERT YOUNG PURSUANT TO FED. R. CIV. P. 11 and 28 U.S.C. 1927 filed by Aram Shirinyan. (Cameron-Banks, Indira) |
| Filing 38 MEMORANDUM in Support re #37 MOTION for Reconsideration re 34 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,, #29 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT ARAM SHIRINYANS NOTICE OF MOTION TO DISMISS THE FIRST AMENDED COMPLAINT PURSUANT TO FED. R. with certificate of service filed by ARK National Holdings LLC. (Attachments: #1 Exhibit Opposition to Motion to Dismiss, #2 Exhibit Motion to File Opposition in Excess of 20 Pages)(Mawhinney, David) |
| Filing 37 MOTION for Reconsideration re 34 Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,, #29 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT ARAM SHIRINYANS NOTICE OF MOTION TO DISMISS THE FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1)-(3),(5)-(6) with certificate of service by ARK National Holdings LLC.(Mawhinney, David) |
| Filing 36 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #35 Motion for Leave to File Document. Defendant Shirinyan will file his reply no later than October 12, 2021, and Plaintiff ARK will file its sur-reply no later than October 19, 2021. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (RGS, law2) |
| Filing 35 Joint MOTION for Leave to File Plaintiff ARK National Holdings LLC and Defendant Aram Shirinyan's Joint Motion for Leave to File Reply and Sur-Reply With Respect to Defendant's Motion for Sanctions by ARK National Holdings LLC.(Mawhinney, David) |
| Filing 34 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #29 Motion to Dismiss for Failure to State a Claim.Before the court is defendant Aram Shirinyan's motion to dismiss with prejudice claims asserted against him in plaintiff ARK National Holdings LLC's first amended complaint (FAC). The court will allow Shirinyan's request, as ARK has failed to state a claim against Shirinyan for which relief may be granted.The sole inquiry under Rule 12(b)(6) is whether, construing the well-pleaded facts of the complaint in the light most favorable to the plaintiffs, the complaint states a claim for which relief can be granted. Ocasio-Hernandez v. Fortuno-Burset, 640 F.3d 1, 7 (1st Cir. 2011). In most circumstances, the plaintiff need not demonstrate a heightened fact pleading of specifics, but rather must present only enough facts to state a claim to relief that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Accordingly, facts that are merely consistent with a defendant's liability are inadequate. Id. Further, the recitation of the elements of a claim, supported by mere conclusory statements, is insufficient to establish facial plausibility. Id. The claims asserted against Shirinyan in the FAC all share one core allegation - namely, that Shirinyan misappropriated ARK's customer data and sold it on WeOffers.com or other Internet platforms. FAC 93. However, aside from conclusory statements, the FAC fails to demonstrate that Shirinyan transacted any business with or on behalf of WeOffers. Nor does ARK identify any other Internet platform on which Shirinyan sold ARK's customer data. Indeed, the sole well-pleaded allegation that ARK offers in support of its claims against Shirinyan is that on three occasions Shirinyan downloaded call logs from ARK subsidiary Northeast Addictions Treatment Center, id. 76-78 - information that he was explicitly authorized to access, id. 73-74. Although Shirinyan's extraction of these call logs may be consistent with the misappropriation and sale of ARK's customer data, the FAC does not plead sufficient additional facts that would render such a conclusion plausible. See Iqbal, 556 U.S. at 678. Thus, all of ARK's claims against Shirinyan necessarily fail.Accordingly, the court allows Shirinyan's motion to dismiss all claims asserted against him in the FAC with prejudice. ARK is ordered to show cause concerning allegations made by Shirinyan's counsel in her motion for Rule 11 sanctions at a Zoom videoconference hearing on October 25, 2021 at 11:00 AM. (RGS, law2) |
| Filing 33 Set Hearings:This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Show Cause Hearing set for 10/25/2021 11:00 AM in Courtroom 21 before Judge Richard G. Stearns. (Maynard, Timothy) |
| Filing 32 Opposition re #25 MOTION for Sanctions MOTION FOR IMPOSITION OF MONETARY SANCTIONS AGAINST BOWDITCH & DEWEY AND ATTORNEYS DAVID MAWHINNEY, TIMOTHY VAN DYCK AND ROBERT YOUNG PURSUANT TO FED. R. CIV. P. 11 and 28 U.S.C. 1927 with certificate of service filed by ARK National Holdings LLC. (Mawhinney, David) |
| Filing 31 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #27 Motion to Amend (RGS, law2) |
| Filing 30 MEMORANDUM in Support re #29 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT ARAM SHIRINYANS NOTICE OF MOTION TO DISMISS THE FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1)-(3),(5)-(6) filed by Aram Shirinyan. (Attachments: #1 Affidavit Declaration of Indira Cameron-Banks, #2 Affidavit Declaration of Aram Shirinyan, #3 Exhibit Exhibit A, #4 Exhibit Exhibit B)(Cameron-Banks, Indira) |
| Filing 29 MOTION to Dismiss for Lack of Jurisdiction DEFENDANT ARAM SHIRINYANS NOTICE OF MOTION TO DISMISS THE FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(1)-(3),(5)-(6) by Aram Shirinyan.(Cameron-Banks, Indira) |
| Filing 28 Joint MEMORANDUM in Support re #27 Assented to MOTION to Amend #23 Amended Complaint,, and Enlarge Deadline for Defendants to Answer or Otherwise Respond with certificate of service filed by ARK National Holdings LLC. (Mawhinney, David) |
| Filing 27 Assented to MOTION to Amend #23 Amended Complaint,, and Enlarge Deadline for Defendants to Answer or Otherwise Respond by ARK National Holdings LLC.(Mawhinney, David) |
| Filing 26 MEMORANDUM in Support re #25 MOTION for Sanctions MOTION FOR IMPOSITION OF MONETARY SANCTIONS AGAINST BOWDITCH & DEWEY AND ATTORNEYS DAVID MAWHINNEY, TIMOTHY VAN DYCK AND ROBERT YOUNG PURSUANT TO FED. R. CIV. P. 11 and 28 U.S.C. 1927 filed by Aram Shirinyan. (Attachments: #1 Affidavit Declaration of Indira J. Cameron-Banks, #2 Exhibit 1-3)(Cameron-Banks, Indira) |
| Filing 25 MOTION for Sanctions MOTION FOR IMPOSITION OF MONETARY SANCTIONS AGAINST BOWDITCH & DEWEY AND ATTORNEYS DAVID MAWHINNEY, TIMOTHY VAN DYCK AND ROBERT YOUNG PURSUANT TO FED. R. CIV. P. 11 and 28 U.S.C. 1927 by Aram Shirinyan.(Cameron-Banks, Indira) |
| Filing 24 CERTIFICATE OF SERVICE pursuant to LR 5.2 by ARK National Holdings LLC re #23 Amended Complaint,, . (Van Dyck, Timothy) |
| Filing 23 AMENDED COMPLAINT against All Defendants, filed by ARK National Holdings LLC. (Attachments: #1 Exhibit Report, #2 Exhibit Statement of Understanding, #3 Exhibit Digital Marketing Agreement, #4 Exhibit Profits Interest Award Agreement, #5 Exhibit Operating Agreement, #6 Exhibit Buy Sell Agreement, #7 Exhibit Email Correspondence, #8 Exhibit Confidentiality Agreement, #9 Exhibit Termination Letter)(Van Dyck, Timothy) (Attachment 5 replaced on 9/9/2021) (Pacho, Arnold). Modified on 9/9/2021 to replace attachment 5 with redacted exhibit provided by counsel. (Pacho, Arnold). |
| Filing 22 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #21 Motion to Stay. The matter will be stayed for 45 days, until August 25, 2021. If the parties are unable to settle the matter, plaintiff will have until September 9, 2021 to serve an Amended Complaint, and defendants will have until September 24, 2021 to file a responsive pleading. Notwithstanding, Defendant Aram Shirinyan will have until September 24, 2021 to file a responsive pleading to the operative Complaint. (Zierk, Marsha) |
| Filing 21 Joint MOTION to Stay re #1 Complaint, Joint Motion to Stay Proceedings by ARK National Holdings LLC.(Van Dyck, Timothy) |
| Filing 20 NOTICE of Appearance by Indira J. Cameron-Banks on behalf of Aram Shirinyan (Cameron-Banks, Indira) |
| Filing 19 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #18 Assented to MOTION for Extension of Time to July 15, 2021 to File Defendant's responsive pleading to the #1 Complaint. (Pacho, Arnold) |
| Filing 18 Assented to MOTION for Extension of Time to July 15, 2021 to File Defendant's responsive pleading to the complaint by Armen Youssefian.(Francis, Jeffrey) |
| Filing 17 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #16 Motion for Leave to Appear Pro Hac Vice. Added David Zev Ribakoff. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Pacho, Arnold) |
| Filing 16 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of David Zev Ribakoff Filing fee: $ 100, receipt number 0101-8826324 by Armen Youssefian.(Brown, Nicholas) |
| Filing 15 NOTICE of Appearance by Jeffrey E. Francis on behalf of Armen Youssefian (Francis, Jeffrey) |
| Filing 14 NOTICE of Appearance by Nicholas Paul Brown on behalf of Armen Youssefian (Brown, Nicholas) |
| Filing 13 SUMMONS Returned Executed WeOffers.com served on 6/10/2021, answer due 7/1/2021. (Mawhinney, David) |
| Filing 12 SUMMONS Returned Executed Aram Shirinyan served on 6/10/2021, answer due 7/1/2021. (Mawhinney, David) |
| Filing 11 SUMMONS Returned Executed Titan Digital LLC served on 6/7/2021, answer due 6/28/2021. (Mawhinney, David) |
| Filing 10 SUMMONS Returned Executed WeCampaign LLC served on 6/7/2021, answer due 6/28/2021. (Mawhinney, David) |
| Filing 9 SUMMONS Returned Executed Armen Youssefian served on 6/10/2021, answer due 7/1/2021. (Mawhinney, David) |
| Filing 8 Civil Cover Sheet & Category Sheet re #1 Complaint, by ARK National Holdings LLC. (Van Dyck, Timothy) |
| Filing 7 NOTICE of Appearance by Robert George Young, II on behalf of ARK National Holdings LLC (Young, Robert) |
| Filing 6 Summons Issued as to Aram Shirinyan, Armen Youssefian, Titan Digital LLC, WeCampaign LLC, WeOffers.com. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McDonagh, Christina) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Danieli, Chris) |
| Filing 4 NOTICE of Appearance by David A. Mawhinney on behalf of ARK National Holdings LLC (Mawhinney, David) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by ARK National Holdings LLC. (Van Dyck, Timothy) |
| Filing 2 NOTICE of Appearance by Timothy P. Van Dyck on behalf of ARK National Holdings LLC (Van Dyck, Timothy) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number 0101-8795958 (Fee Status: Filing Fee paid), filed by ARK National Holdings LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Category Form, #7 Civil Cover Sheet)(Van Dyck, Timothy) |
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