McConville et al v. Goodleap, LLC et al
| Sean McConville and Sara McConville |
| Goodleap, LLC, Loanpal, LLC, Jayson Waller and Trivest Partners L.P. |
| 4:2023cv11749 |
| July 21, 2023 |
| US District Court for the Eastern District of Michigan |
| Detroit Office |
| F Kay Behm |
| Terrence G Berg |
| Curtis Ivy |
| Anthony P Patti |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on March 30, 2024. A more recent docket listing may be available from PACER.
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Filing 33
REPLY to Response re #21 MOTION to Dismiss and Accompanying Memorandum in Support filed by Trivest Partners L.P.. (Taylor, Richard)
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Filing 32
ORDER Granting #31 Motion to Withdraw as Counsel of Record. Signed by District Judge F. Kay Behm. (KMac)
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Filing 31
MOTION for Withdrawal of Attorney John E. Berg by Goodleap, LLC. (Attachments: #1 Exhibit Proposed Order for Withdrawal of John Berg) (Valiotis, D.)
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Filing 30
EXHIBIT s B (6-4) and C (6-5) re #6 MOTION to Dismiss the Amended Complaint and Compel Arbitration by Goodleap, LLC (Attachments: #1 Exhibit, #2 Exhibit) (Valiotis, D.)
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Filing 29
STIPULATED ORDER Granting #28 Unopposed Motion to Seal Filed Exhibits and Authorize the Filing of Redacted Exhibits. Signed by District Judge F. Kay Behm. (KMac)
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Filing 28
MOTION to Seal #6 MOTION to Dismiss the Amended Complaint and Compel Arbitration by Goodleap, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Dupuie-Jarbo v Twenty-Eighth District Court, #3 Exhibit B - Amended and Redacted Exhibit, #4 Exhibit C - Amended and Redacted Exhibit, #5 Exhibit D - Proposed Order Granting Motion) (Valiotis, D.)
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Filing 27
NOTICE by Goodleap, LLC re #6 MOTION to Dismiss the Amended Complaint and Compel Arbitration (Notice of Supplemental Authority) (Attachments: #1 Exhibit A - Opinion in Mondello, et al. v Power Home Solar, LLC, et al.) (Valiotis, D.)
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Filing 26
RESPONSE to #21 MOTION to Dismiss and Accompanying Memorandum in Support filed by Sara McConville, Sean McConville. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B) (Young, Douglas)
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Filing 25
REPLY to Response re #6 MOTION to Dismiss the Amended Complaint and Compel Arbitration filed by Goodleap, LLC. (Valiotis, D.)
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Filing 24
RESPONSE to #17 MOTION to Take Deposition from Matthew Dawson and Take Limited Discovery filed by Goodleap, LLC. (Valiotis, D.)
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Filing 23
MOTION for Leave to File Excess Pages by Goodleap, LLC. (Valiotis, D.)
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TEXT ONLY ORDER Granting #23 Motion for Leave to File Excess Pages. IT IS SO ORDERED. Issued by District Judge F. Kay Behm. (MacKay, K)
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Filing 22
REPLY to Response re #11 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Jayson Waller. (Fink, Nathan)
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Filing 21
MOTION to Dismiss and Accompanying Memorandum in Support by Trivest Partners L.P.. (Attachments: #1 Exhibit Exhibit 1 - Inc.com Article) (Taylor, Richard)
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Filing 20
STIPULATED ORDER to Extend Time by Which Defendant Goodleap, LLC May File Its Reply to Plaintiffs' Memorandum in Opposition to Defendant Goodleap, LLC's Motion to Dismiss and Plaintiffs' Motion to Conduct Limited Discovery on Whether the Arbitration Provision at Issue in This Matter is Enforceable. Reply to Memorandum due by 9/19/2023; Response to Motion due by 9/19/2023. Signed by District Judge F. Kay Behm. (MacKay, K)
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Filing 19
NOTICE of Appearance by D. Peter Valiotis on behalf of Goodleap, LLC. (Valiotis, D.)
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Filing 18
RESPONSE to #11 MOTION to Dismiss Plaintiffs' Amended Complaint filed by Sara McConville, Sean McConville. (Young, Douglas)
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TEXT-ONLY ORDER Granting #10 MOTION TO EXTEND Time To Plead Or Otherwise Respond (Unopposed) filed by Trivest Partners L.P. Signed by District Judge F. Kay Behm. (THal)
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Filing 17
[DOCUMENT TITLED: PLAINTIFFS MOTION TO CONDUCT LIMITED DISCOVERY ON WHETHER THE ARBITRATION PROVISION AT ISSUE IN THIS MATTER IS ENFORCEABLE] MOTION to Take Deposition from Matthew Dawson and Take Limited Discovery by Sara McConville, Sean McConville. (Young, Douglas) Modified on 8/22/2023 (LGra).
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Filing 16
RESPONSE to #6 MOTION to Dismiss the Amended Complaint and Compel Arbitration filed by Sara McConville, Sean McConville. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C) (Young, Douglas)
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Filing 15
NOTICE of Appearance by Douglas Young on behalf of Sara McConville, Sean McConville. (Young, Douglas)
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Filing 14
ORDER REASSIGNING CASE from District Judge Terrence G. Berg and Magistrate Judge Anthony P. Patti in Detroit to District Judge F. Kay Behm and Magistrate Judge Curtis Ivy, Jr in Flint. (NAhm)
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Filing 13
NOTICE of Appearance by Katie Otrando on behalf of Jayson Waller. (Otrando, Katie)
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Filing 12
NOTICE by Goodleap, LLC re #6 MOTION to Dismiss the Amended Complaint and Compel Arbitration - Notice of Supplemental Authority (Attachments: #1 Exhibit A - Opinion and Order) (Berg, John)
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Filing 11
MOTION to Dismiss Plaintiffs' Amended Complaint by Jayson Waller. (Fink, Nathan)
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Filing 10
MOTION TO EXTEND Time To Plead Or Otherwise Respond (Unopposed) by Trivest Partners L.P.. (Taylor, Richard)
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Filing 9
NOTICE of Appearance by Richard T. Taylor on behalf of Trivest Partners L.P.. (Taylor, Richard)
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Filing 8
CERTIFICATE OF SERVICE re #6 MOTION to Dismiss the Amended Complaint and Compel Arbitration, #7 Statement of Disclosure of Corporate Affiliations by Goodleap, LLC (Berg, John)
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Filing 7
STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Goodleap, LLC (Berg, John)
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Filing 6
MOTION to Dismiss the Amended Complaint and Compel Arbitration by Goodleap, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit 1. Affidavit of Maria Mellott, dated 7/28/23, #3 Exhibit A. Certificate of Completion, dated 9/15/20, #4 Exhibit B. Loanpay Agreement, dated 9/15/20, #5 Exhibit C. Loanpay Loan Closing Certificate, #6 Exhibit D. Account Payment History Report) (Berg, John)
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Filing 5
NOTICE of Appearance by Nathan J. Fink on behalf of Jayson Waller. (Fink, Nathan)
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Filing 4
Docket Sheet from Ohio Northern; Case Number 5:22-cv-01277.
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TEXT-ONLY NOTICE: This case has been transferred from the Northern District of Ohio. Pending motions must be refiled on this court's docket by the filing party. Attorneys not admitted to practice in this court must complete the attorney admissions application and be admitted before appearing on this court's docket. All previously filed documents can be accessed on the originating court's docket using PACER. (SSch)
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Filing 3
Opinion and Order For the reasons stated in the Order, the Court finds that Trivest failed to satisfy the first-to-file rule factors. The Court sua sponte transfers this case under 28 U.S.C. 1404(a) to the Eastern District of Michigan in the interest of avoiding duplicative, piecemeal, and parallel litigation in different districts, conserving judicial resources, and protecting against inconsistent rulings on similar issues. Accordingly, the Court denies Trivest's motion to dismiss (ECF Doc. 43 ) and transfers this case to the Eastern District of Michigan, where the related class action suit is pending. The Court dismissed without prejudice the defendants' remaining motions to dismiss (ECF Docs. 31 , 32 ) and the plaintiffs' motion for limited discovery (ECF Doc. 34 ). Signed by Judge Dan Aaron Polster on 7/20/2023. (K,K) [Transferred from ohnd on 7/21/2023.]
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Filing 2
First Amended complaint Breach of Contract; Fraudulent Misrepresentation; Negligent Misrepresentation; Fraud in the Inducement/Execution; Negligent Hiring & Training; Consumer Protection Act; Declaratory Judgment; Civil Conspiracy; Negligence; Punitive Damages against All Defendants, and adding new party defendant(s) Trivest Partners, L.P.. Filed by Sean McConville, Sara McConville. (Attachments: #1 Exhibit A (Sales Agreement), #2 Exhibit B (Loan Agreement), #3 Summons) (Roth, Stacie) [Transferred from ohnd on 7/21/2023.]
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Filing 1
TRANSFERRED Complaint: Breach of Contract; Fraudulent Misrepresentation; Negligent Misrepresentation; Negligent Hiring & Training; Consumer Protection Act; Declaratory Judgment; Civil Conspiracy; Negligence; Punitive Damages against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11527418. Plaintiff has indicated that case may be related to pending civil action 5:22-cv-01238. Filed by Sean McConville, Sara McConville. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Power Home Solar Sales Agreement, #3 Exhibit B - Goodleap Loan Agreement, #4 Summons for Power Home Solar, #5 Summons for Goodleap, #6 Summons for Jayson Waller) (Steward, Sean) [Transferred from Ohio Northern; Case Number 22-cv-01277]
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