Faville v. Munro
Plaintiff: Kelly Faville
Defendant: Mark Munro and Whacky Ventures LLC
Case Number: 1:2022cv11911
Filed: November 11, 2022
Court: US District Court for the District of Massachusetts
Presiding Judge: Denise J Casper
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Fiduciary Duty
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 9, 2023 Filing 29 NOTICE of Appearance by John Mark Dickison on behalf of Whacky Ventures LLC (Dickison, John)
January 9, 2023 Filing 28 NOTICE of Appearance by John R. Bauer on behalf of Whacky Ventures LLC (Bauer, John)
January 9, 2023 Filing 27 NOTICE of Appearance by Brendan P. Slean on behalf of Whacky Ventures LLC (Slean, Brendan)
January 9, 2023 Filing 26 ACKNOWLEDGMENT OF SERVICE Executed by Whacky Ventures LLC. Whacky Ventures LLC served on 1/9/2023, answer due 1/30/2023. Acknowledgment filed by Whacky Ventures LLC. (Slean, Brendan)
January 5, 2023 Filing 25 MEMORANDUM in Support re #24 MOTION to Dismiss The Amended Verified Complaint filed by Mark Munro. (Dickison, John)
January 5, 2023 Filing 24 MOTION to Dismiss The Amended Verified Complaint by Mark Munro.(Dickison, John)
January 3, 2023 Filing 23 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #22 Assented to MOTION for Extension of Time to January 6, 2023 to File Response/Reply to Plaintiff's Amended Complaint (Hourihan, Lisa)
December 23, 2022 Filing 22 Assented to MOTION for Extension of Time to January 6, 2023 to File Response/Reply to Plaintiff's Amended Complaint by Mark Munro.(Slean, Brendan)
December 15, 2022 Filing 21 Summons Issued as to Whacky Ventures LLC. 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. (Currie, Haley)
December 15, 2022 Filing 20 RESPONSE to Motion re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kelly Faville. (Lu, Shawn)
December 15, 2022 Filing 19 AMENDED COMPLAINT Verified against Mark Munro, filed by Kelly Faville. (Attachments: #1 Exhibit Ex. A - Munro Loan Principal wire - redacted, #2 Exhibit Ex. B - SCWorx Loan Principal wire - redacted, #3 Exhibit Ex. C - Email and SCWorx Note, #4 Exhibit Ex. D - Email and Munro Note, #5 Exhibit Ex. E - Exemplar 1112 wire 9.10.18 - Redacted, #6 Exhibit Ex. F - Exemplar Whacky wire 7.20.20 - Redacted, #7 Exhibit Ex. G - 1112 Third Ave Corp Recs, #8 Exhibit Ex. H - Whacky Ventures - Detail by Entity Name, #9 Exhibit Ex. I - Whacky wire partial repayment of SCWorx Loan Principal - Redacted, #10 Exhibit Ex. J - Whacky check partial repayment of SCWorx Loan Principal - Redacted, #11 Exhibit Ex. K - Payments Ledger, #12 Exhibit Ex. L - Text messages)(Lu, Shawn)
December 1, 2022 Filing 18 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES the motion for a preliminary injunction, D. 5.(Hourihan, Lisa)
December 1, 2022 Filing 17 MEMORANDUM in Support re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mark Munro. (Dickison, John)
December 1, 2022 Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mark Munro.(Dickison, John)
November 29, 2022 Filing 15 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 11/29/2022 re #5 Emergency MOTION for Preliminary Injunction filed by Kelly Faville. Arguments. Court takes under advisement #5 Motion for Preliminary Injunction.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Shawn Lu for the plaintiff. Mark Dickison and Brendan Slean for the defendant.) (Hourihan, Lisa)
November 23, 2022 Filing 14 ELECTRONIC NOTICE Setting Hearing on Motion #5 Emergency MOTION for Preliminary Injunction - Motion Hearing set for 11/29/2022 11:00 AM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Currie, Haley)
November 23, 2022 Filing 13 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #7 Motion for Hearing (Currie, Haley)
November 23, 2022 Filing 12 Opposition re #7 Emergency MOTION for Hearing re #6 Memorandum in Support of Motion, #5 Emergency MOTION for Preliminary Injunction , #5 Emergency MOTION for Preliminary Injunction filed by Mark Munro. (Attachments: #1 Affidavit Mark Munro)(Dickison, John)
November 22, 2022 Filing 11 STATE COURT Record. (Dickison, John)
November 15, 2022 Filing 10 Judge Denise J. Casper: ELECTRONIC ORDER entered re D. #5 Emergency MOTION for Preliminary Injunction, #7 Emergency MOTION for Hearing re #6 Memorandum in Support of Motion - ln light of the emergency motion for preliminary injunction that Plaintiff has filed and that certain of the relief that she seeks relates to the net sale proceeds for a sale of Defendant's property on December 3, 2022, the Court ORDERS as follows. Unless counsel for the parties reach an agreement and propose an alternative briefing and hearing schedule for this matter to the Court for approval, the Court ORDERS that Defendant Mr. Munro's response to the pending motions, D. 5, 7, is due by noon on November 23, 2022. If upon considering the parties' papers, the Court concludes that a hearing is warranted, that hearing will be held on Tuesday, 11/29 at 11 am. (Currie, Haley)
November 14, 2022 Filing 9 NOTICE of Appearance by Brendan P. Slean on behalf of Mark Munro (Slean, Brendan)
November 14, 2022 Filing 8 NOTICE of Appearance by John R. Bauer on behalf of Mark Munro (Bauer, John)
November 14, 2022 Filing 7 Emergency MOTION for Hearing re #6 Memorandum in Support of Motion, #5 Emergency MOTION for Preliminary Injunction by Kelly Faville.(Lu, Shawn)
November 14, 2022 Filing 6 MEMORANDUM in Support re #5 Emergency MOTION for Preliminary Injunction filed by Kelly Faville. (Lu, Shawn)
November 14, 2022 Filing 5 Emergency MOTION for Preliminary Injunction by Kelly Faville.(Lu, Shawn)(Additional attachment(s) added on 11/15/2022: #1 Exhibit A)(main document replaced with motion as exhibit was filed as main document (Currie, Haley).
November 14, 2022 Filing 4 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Kelly, Danielle)
November 14, 2022 Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper 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 Judith G. Dein. (Finn, Mary)
November 14, 2022 Filing 2 ELECTRONIC NOTICE TO COUNSEL: The Category form filed with the Notice of Removal indicates there are pending motions that need this court's attention. Please re-file any pending motions from State Court into this District Court Record. (Kelly, Danielle)
November 11, 2022 Filing 1 NOTICE OF REMOVAL by Mark Munro ( Filing fee: $ 402, receipt number AMADC-9584216 Fee Status: Filing Fee paid) (Attachments: #1 Affidavit Mark Munro, #2 Exhibit A - Summons, #3 Exhibit B - Complaint, #4 Exhibit C - Exhibits to Complaint, #5 Exhibit D - Motion for Process Server, #6 Exhibit E - Motion for PI, #7 Exhibit F - Memo for PI, #8 Exhibit G - Proposed Order, #9 Civil Cover Sheet, #10 Category Form)(Dickison, John)

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Plaintiff: Kelly Faville
Represented By: Shawn Lu
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Defendant: Mark Munro
Represented By: John Mark Dickison
Represented By: Brendan P. Slean
Represented By: John R. Bauer
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Defendant: Whacky Ventures LLC
Represented By: Brendan P. Slean
Represented By: John R. Bauer
Represented By: John Mark Dickison
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