McClure v. Leafe et al
Michael McClure |
James Mackin, Curaytor LLC, Christopher Smith and Andrew Leafe |
4:2017cv13106 |
September 21, 2017 |
US District Court for the Eastern District of Michigan |
Flint Office |
Wayne |
Stephanie Dawkins Davis |
Michael J Hluchaniuk |
Linda V Parker |
Contract: Other |
29 U.S.C. § 1109 Breach of Fiduciary Duties |
Plaintiff |
Docket Report
This docket was last retrieved on June 5, 2020. A more recent docket listing may be available from PACER.
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Filing 80 STIPULATED ORDER of DISMISSAL With Prejudice. Signed by District Judge Linda V. Parker. (RLou) |
Filing 79 Defendants' Fact and Expert WITNESS LIST by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith (Fiotto, Anthony) |
Filing 78 PLAINTIFF MICHAEL MCCLURES LAY AND EXPERT WITNESS LIST by Michael McClure (Ajlouny, Jonathan) |
Filing 77 ORDER FOR SETTLEMENT CONFERENCE. ( Settlement Conference set for 9/9/2020 09:30 AM before Magistrate Judge Michael J. Hluchaniuk)**IN FLINT**. Confidential Settlement Statements due by 8/26/20. Signed by Magistrate Judge Michael J. Hluchaniuk. (DWor) |
Filing 76 ORDER REFERRING OTHER MATTERS to Magistrate Judge Hluchaniuk: Settlement Conference - To be conducted sometime after September 2, 2020. Signed by District Judge Linda V. Parker. (RLou) |
Filing 75 SCHEDULING ORDER (PHASE I): Discovery due by 9/2/2020, Dispositive Motion Cut-off set for 10/16/2020. Signed by District Judge Linda V. Parker. (Refer to image for additional dates) (RLou) |
Text-Only Order of reassignment from Magistrate Judge Stephanie Dawkins DavisM to Magistrate Judge Michael J. Hluchaniuk pursuant to Administrative Order 19-ao-027. (SSch) |
Filing 74 ATTORNEY APPEARANCE: Fatima M. Bolyea appearing on behalf of All Plaintiffs (Bolyea, Fatima) |
Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 1/23/2020. Disposition: By February 7, 2020, the parties shall email the Court's Case Manager to inform us on if they have settled this case. If the parties have not settled the case, they shall email the Court's Case Manager proposed scheduling order dates. (Court Reporter: None Present, Not on the Record) (RLou) |
Filing 73 STIPULATED PROTECTIVE ORDER. Signed by District Judge Linda V. Parker. (RLou) |
Filing 72 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 1/23/2020 at 1:30 PM before District Judge Linda V. Parker (RLou) |
Filing 71 STIPULATION AND ORDER. Signed by District Judge Linda V. Parker. (RLou) |
Filing 70 STIPULATION AND ORDER. Signed by District Judge Linda V. Parker. (RLou) |
Minute Entry for proceedings before District Judge Linda V. Parker: Scheduling Conference held on October 3, 2019. Disposition: On or before October 10, 2019, the parties shall submit a Proposed Stipulation and Order that informs the Court of the categories of documents that will be exchanged and the timeline of when the documents will be exchanged. The Proposed Stipulation and Order shall also indicate if the parties have agreed to attend facilitation, the date of the facilitation, and the name of the facilitator. Rule 26(a)(1) Initial Disclosures shall be Exchanged by October 17, 2019. (Court Reporter: None Present, Not on the Record) (RLou) |
Filing 69 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Mantese, Gerard) |
Filing 68 NOTICE of Change of Address/Contact Information by Ezekiel L. Hill on behalf of All Defendants. (Hill, Ezekiel) |
Filing 67 NOTICE TO APPEAR: Scheduling Conference set for 10/3/2019 at 10:30 AM before District Judge Linda V. Parker (RLou) |
Filing 66 OPINION and ORDER (1) Denying Plaintiff's #35 Motion for Reconsideration; and (2) Denying Defendants' #36 Motion for Partial Reconsideration. Signed by District Judge Linda V. Parker. (RLou) |
Filing 65 ORDER Denying Without Prejudice Plaintiff's #57 Motion for Leave to File his Second Amended Complaint. Signed by District Judge Linda V. Parker. (BSau) |
Filing 64 OPINION AND ORDER Granting Defendants' #50 Motion to Seal Exhibit 1 of Plaintiff's Response to Defendant's Motion for Partial Reconsideration. Signed by District Judge Linda V. Parker. (BSau) |
Filing 63 NOTICE of Appearance by Martin C. Topol on behalf of Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Topol, Martin) |
TEXT-ONLY NOTICE: Telephonic Scheduling Conference on 1/31/2019 is Cancelled. The Court will issue a new Scheduling Conference date after a decision has been rendered on the pending motions. (RLou) |
Filing 62 OPINION and ORDER Granting Defendants' #58 Motion for Extension of Time. (Defendants shall file their Response to Plaintiff's #57 Motion for Leave to File Second Amended Complaint within 14 days from the date of the Court's opinion and order resolving the parties' motions for reconsideration). Signed by District Judge Linda V. Parker. (RLou) |
Filing 61 MOTION for Leave to File Sur-Reply to Defendants' Motion to Extend by All Plaintiffs. (Attachments: #1 Exhibit Proposed Sur-Reply) (Ajlouny, Jonathan) |
Filing 60 REPLY to Response re #58 MOTION for Extension of Time to File Response/Reply as to #57 MOTION for Leave to File SECOND AMENDED COMPLAINT filed by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Fiotto, Anthony) |
Filing 59 RESPONSE to #58 MOTION for Extension of Time to File Response/Reply as to #57 MOTION for Leave to File SECOND AMENDED COMPLAINT filed by All Plaintiffs. (Ajlouny, Jonathan) |
Filing 58 MOTION for Extension of Time to File Response/Reply as to #57 MOTION for Leave to File SECOND AMENDED COMPLAINT by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Hill, Ezekiel) |
Filing 57 MOTION for Leave to File SECOND AMENDED COMPLAINT by All Plaintiffs. (Attachments: #1 Exhibit Ex. A - Second Amended Complaint) (Ajlouny, Jonathan) |
Reset Conference: TELEPHONIC Scheduling Conference RESET for 1/31/2019 at 10:30 AM before District Judge Linda V. Parker (RLou) |
Filing 56 REPLY to Response re #50 MOTION to Seal Exhibit 1 of Plaintiff's Response to Defendants' Motion for Partial Reconsideration filed by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Fiotto, Anthony) |
Filing 55 RESPONSE to #50 MOTION to Seal Exhibit 1 of Plaintiff's Response to Defendants' Motion for Partial Reconsideration filed by All Plaintiffs. (Ajlouny, Jonathan) |
Filing 54 REPLY to Response re #35 MOTION for Reconsideration re #31 Order on Motion to Dismiss filed by All Plaintiffs. (Ajlouny, Jonathan) |
Filing 53 MOTION by All Plaintiffs. (Attachments: #1 Exhibit Plaintiff's Reply in Support of Plaintiff's Motion for Reconsideration) (Ajlouny, Jonathan) |
Filing 52 ORDER Directing Clerk to Strike #49 Reply to Response to Motion filed by Michael McClure. Signed by District Judge Linda V. Parker. (RLou) |
TEXT-ONLY ORDER Granting #53 Plaintiffs' Motion to File a Reply to Defendants' Response to Plaintiffs' Motion for Partial Reconsideration. IT IS FURTHER ORDERED that the Plaintiffs shall file their reply as a new docket entry. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou) |
Filing 51 SEALED EXHIBIT (Unredacted Version of Exhibit 1) re #50 MOTION to Seal Exhibit 1 of Plaintiff's Response to Defendants' Motion for Partial Reconsideration by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Fiotto, Anthony) |
Filing 50 MOTION to Seal Exhibit 1 of Plaintiff's Response to Defendants' Motion for Partial Reconsideration by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Attachments: #1 Index of Exhibits /Declaration of Ezekiel L. Hill, #2 Exhibit A - Redacted Version of Exhibit 1, #3 Exhibit C - Declaration of James Mackin, #4 Exhibit D - August 10, 2017 Email, #5 Vetel Diagnostics, Inc. v. Bossardet) (Fiotto, Anthony) |
Filing 49 [STRICKEN] REPLY to Response re #35 MOTION for Reconsideration re #31 Order on Motion to Dismiss filed by Michael McClure. (Attachments: #1 Exhibit) (Ajlouny, Jonathan) Modified on 11/14/2018 (RLou). |
Filing 48 SEALED EXHIBIT re #47 Response to Motion, #46 Order by All Plaintiffs. (Ajlouny, Jonathan) |
Filing 47 [DOCUMENT IS ACTUALLY A RESPONSE TO #36 MOTION FOR RECONSIDERATION] RESPONSE to #35 MOTION for Reconsideration re #31 Order on Motion to Dismiss filed by All Plaintiffs. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3) (Ajlouny, Jonathan) Modified on 11/14/2018 (RLou). |
Filing 46 ORDER Regarding Exhibit. Signed by District Judge Linda V. Parker. (RLou) |
Filing 45 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 11/7/2018 at 4:15 PM before District Judge Linda V. Parker (RLou) |
Filing 44 ORDER Directing Clerk to Strike #43 Response to Motion. Signed by District Judge Linda V. Parker. (RLou) |
Minute Entry for proceedings before District Judge Linda V. Parker: Telephonic Status Conference held on 11/7/2018. (Court Reporter: None Present, Not on the Record) (RLou) |
Filing 43 [STRICKEN] RESPONSE to #36 MOTION for Reconsideration re #31 Order on Motion to Dismiss Complaint filed by All Plaintiffs. (Attachments: #1 Index of Exhibits, #2 Exhibit Valuation, #3 Exhibit Letter, #4 Exhibit Letter) (Ajlouny, Jonathan) Modified on 11/7/2018 (RLou). |
Filing 42 RESPONSE to #35 MOTION for Reconsideration re #31 Order on Motion to Dismiss filed by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Fiotto, Anthony) |
Filing 41 NOTICE of Appearance by Anthony S. Fiotto on behalf of Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Fiotto, Anthony) |
Reset Conference: TELEPHONIC Scheduling Conference RESET for 11/29/2018 at 11:30 PM before District Judge Linda V. Parker (RLou) |
Filing 40 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Ajlouny, Jonathan) |
Filing 39 ORDER Requiring Response to #36 Motion for Reconsideration. Response due by 11/5/2018. Signed by District Judge Linda V. Parker. (RLou) |
Filing 38 ORDER Requiring Response to #35 Motion for Reconsideration. Response due by 11/5/2018. Signed by District Judge Linda V. Parker. (RLou) |
Filing 37 ANSWER to Amended Complaint with Affirmative Defenses by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Hill, Ezekiel) |
Filing 36 MOTION for Reconsideration re #31 Order on Motion to Dismiss by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Attachments: #1 Exhibit A: New Operating Agreement) (Hill, Ezekiel) |
Filing 35 MOTION for Reconsideration re #31 Order on Motion to Dismiss by All Plaintiffs. (Attachments: #1 Index of Exhibits Index of Exhibits, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2) (Ajlouny, Jonathan) |
Filing 34 ORDER Granting Ex Parte #33 Motion to Withdraw William B. Brady as Counsel. Signed by District Judge Linda V. Parker. (RLou) |
Filing 33 Ex Parte MOTION for Withdrawal of Attorney William B. Brady by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Hill, Ezekiel) |
Filing 32 NOTICE TO APPEAR BY TELEPHONE: Scheduling Conference set for 10/25/2018 at 12:00 PM before District Judge Linda V. Parker (RLou) |
Filing 31 OPINION and ORDER Granting In Part and Denying In Part Defendants' #16 Motion to Dismiss. Signed by District Judge Linda V. Parker. (RLou) |
Filing 30 ORDER Granting #29 Motion to Withdraw Alexander E. Blum as Counsel. Signed by District Judge Linda V. Parker. (RLou) |
Filing 29 MOTION for Withdrawal of Attorney Alexander E. Blum by Michael McClure. (Mantese, Gerard) |
Filing 28 NOTICE of Appearance by Jonathan Nabeel Ajlouny on behalf of All Plaintiffs. (Ajlouny, Jonathan) |
Filing 27 RESPONSE to #26 Supplemental Brief by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Brady, William) |
Filing 26 SUPPLEMENTAL BRIEF re #19 Response to Motion, filed by All Plaintiffs. (Attachments: #1 Exhibit 1-Domain Associates LLC et. al. v. Nimesh S. Shah) (Blum, Alexander) |
Filing 25 ORDER Denying Plaintiff's #23 Motion to File Sur-Reply to Defendants' Motion to Dismiss. Signed by District Judge Linda V. Parker. (RLou) |
Filing 24 RESPONSE to #23 MOTION for Leave to File Sur-Reply to Defendant's Motion to Dismiss filed by Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Brady, William) |
Filing 23 MOTION for Leave to File Sur-Reply to Defendant's Motion to Dismiss by All Plaintiffs. (Attachments: #1 Exhibit Exhibit A- Sur-Reply) (Blum, Alexander) |
Filing 22 REPLY to Response re #16 MOTION to Dismiss filed by All Defendants. (Attachments: #1 Index of Exhibits /Declaration of Ezekiel L. Hill in further support of Defendants' Motion to Dismiss Plaintiff's Amended Complaint, #2 Exhibit E - July 5, 2017 Facebook post by Christopher Smith) (Brady, William) |
Filing 21 MOTION for Leave to File Excess Pages (Defendants' Unopposed Motion to Exceed Page Limitation for Defendants' Reply Brief in Support of their Motion to Dismiss Plaintiff's Amended Complaint) by All Defendants. (Brady, William) |
TEXT-ONLY ORDER Granting #21 Motion for Leave to File Excess Pages. IT IS SO ORDERED. Issued by District Judge Linda V. Parker. (RLou) |
TEXT-ONLY ORDER granting #20 Ex Parte MOTION for Leave to File Excess Pages in Response to Defendants' Motion to Dismiss filed by Michael McClure. Signed by District Judge Linda V. Parker. (JOwe) |
Filing 20 Ex Parte MOTION for Leave to File Excess Pages in Response to Defendants' Motion to Dismiss by Michael McClure. (Blum, Alexander) |
Filing 19 RESPONSE to #16 MOTION to Dismiss filed by Michael McClure. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 Frugyl Operating Agreement, #3 Exhibit 2 McClure Amendment, #4 Exhibit 3 Original Curaytor Operating Agreement, #5 Exhibit 4 Frugyl-Curaytor Agreement and Plan of Merger, #6 Exhibit 5 Amended Agreement, #7 Exhibit 6 Curaytor-LMS Merger Documents) (Blum, Alexander) |
Filing 18 STIPULATION AND ORDER Extending Time for Plaintiff to Respond to Defendants' #16 MOTION to Dismiss and for Defendants to Reply in Support of their Motion :( Response due by 2/6/2018, Reply due by 2/27/2018) Signed by District Judge Linda V. Parker. (JOwe) |
Filing 17 ORDER Denying as Moot Defendants' #10 Motion to Dismiss. Signed by District Judge Linda V. Parker. (JOwe) |
Filing 16 MOTION to Dismiss by All Defendants. (Attachments: #1 Index of Exhibits/Declaration of Ezekiel L. Hill in Support of Defendants' Motion to Dismiss Plaintiff's Amended Complaint, #2 Exhibit A - Frugyl, LLC Operating Agreement, #3 Exhibit B - Amendment to Operating Agreement of Frugyl, LLC, #4 Exhibit C - Agreement and Plan of Merger, #5 Exhibit D - Letter from Anthony S. Fiotto to H. Nathan Resnick) (Brady, William) |
Filing 15 NOTICE of Appearance by Ezekiel L. Hill on behalf of Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Hill, Ezekiel) |
Filing 14 NOTICE of Appearance by William B. Brady on behalf of Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith. (Brady, William) |
Filing 13 STIPULATION AND ORDER to Enlarge the Page Limit for Defendants' Motion to Dismiss Plaintiff's Amended Complaint. Signed by District Judge Linda V. Parker. (RLou) |
Filing 12 AMENDED COMPLAINT with Jury Demand filed by Michael McClure against All Defendants. NO NEW PARTIES ADDED. (Attachments: #1 Exhibit 1-Original Delaware Operating Agreement) (Mantese, Gerard) |
Filing 11 STIPULATION AND ORDER for an Extension of Time for Plaintiff to Respond to Defendants' #10 MOTION to Dismiss, or File a First Amended Complaint (Response due by 12/5/2017). Signed by District Judge Linda V. Parker. (RLou) |
Filing 10 MOTION to Dismiss Plaintiff's Complaint by All Defendants. (Mithani, Sonal) |
Filing 9 STIPULATION AND ORDER for an Extension of Time for Defendants to Respond to Plaintiff's Complaint (Responsive Pleading due by 10/31/2017). Signed by District Judge Linda V. Parker. (RLou) |
Filing 8 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Curaytor LLC (Mithani, Sonal) |
Filing 7 NOTICE of Appearance by Sonal H. Mithani on behalf of All Defendants. (Mithani, Sonal) |
Filing 6 NOTICE of Appearance by Conor T. Fitzpatrick on behalf of All Defendants. (Fitzpatrick, Conor) |
Filing 5 CERTIFICATE of Service/Summons Returned Executed. Curaytor LLC served on 10/3/2017, answer due 10/24/2017. (Mantese, Gerard) |
Filing 4 CERTIFICATE of Service/Summons Returned Executed. James Mackin served on 10/3/2017, answer due 10/24/2017. (Mantese, Gerard) |
Filing 3 SUMMONS Issued for *Curaytor LLC, Andrew Leafe, James Mackin, Christopher Smith* (ATee) |
Filing 2 ATTORNEY APPEARANCE: Alexander E. Blum appearing on behalf of Michael McClure (Blum, Alexander) |
Filing 1 COMPLAINT filed by Michael McClure against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-6407778 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Oakland - County of 1st Defendant: Out of State. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: #1 Index of Exhibits, #2 Exhibit 1-Frugyl Operating Agreement, #3 Exhibit 2-Amendment to Operating Agreement of Frugyl, LLC, #4 Exhibit 3-Agreement and Plan of Merger, #5 Exhibit 4-Agreement and Plan of Merger between Curator and LMS) (Mantese, Gerard) |
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at #http://www.mied.uscourts.gov (ATee) |
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