Dillon et al v. Davis et al
| Richard Thomas, Megan Thomas and Shannon Dillon |
| Lisa Norris Davis, Carley Wayne Davis, Jr. and Solace Hospice Inc. |
| 1:2021cv00109 |
| April 5, 2021 |
| US District Court for the Southern District of Mississippi |
| John C Gargiulo |
| Halil S Ozerden |
| Stockholders Suits |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2022. A more recent docket listing may be available from PACER.
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Filing 27
NOTICE to Take Deposition of Michelle Pearson by Shannon Dillon, Megan Thomas, Richard Thomas (Guice, William)
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Filing 26
NOTICE OF INTENT TO SERVE SUBPOENA by Shannon Dillon, Megan Thomas, Richard Thomas (Attachments: #1 Attachment A - Subpoenas for Documents)(Guice, William)
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TEXT ONLY ORDER denying without prejudice Defendants' Motion #8 to Dismiss or in the alternative, Motion for Summary Judgment. In light of the Court's Text Only Order entered on May 25, 2021, this Motion #8 is denied without prejudice, with leave to reassert at the close of discovery. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on May 27, 2021. (df)
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Filing 25
NOTICE of Service of Request for Production by Carley Wayne Davis, Jr, Lisa Norris Davis, Solace Hospice Inc. (Waide, Daniel)
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Filing 24
NOTICE of Service of Interrogatories by Carley Wayne Davis, Jr, Lisa Norris Davis, Solace Hospice Inc. (Waide, Daniel)
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Minute Entry for proceedings held before Magistrate Judge John C. Gargiulo: TELEPHONIC Scheduling Conference held on 5/25/2021. Daniel M. Waide and William Lee Guice were attendees. Pursuant to the opinion and order granting as unopposed Plaintiffs' Motion #16 under Federal Rule of Civil Procedure 56(d), the Court will enter a scheduling order for conducting limited discovery to determine existence or absence of jurisdiction/standing. Jurisdictional discovery will be followed by a deadline for the filing of any jurisdictional motions. (AB)
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TEXT ONLY ORDER lifting the stay for the sole purpose of conducting limited jurisdictional discovery. The deadline for conducting jurisdictional discovery is July 23, 2021. Any jurisdictional motions are due on or before August 6, 2021, with any response due in accordance with the Local Rules. NO FURTHER WRITTEN ORDER SHALL ISSUE FROM THE COURT. Signed by Magistrate Judge John C. Gargiulo on 5/25/2021 (AB)
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NOTICE of Hearing: TELEPHONIC Scheduling Conference set for 5/25/2021 at 2:30 PM before Magistrate Judge John C. Gargiulo. Counsel for Plaintiff will place the call to Judge Gargiulo's Chambers with all necessary counsel on the line. (AB)
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Filing 23
ORDER denying #12 Motion for TRO; denying #12 Motion for Preliminary Injunction. Signed by District Judge Halil S. Ozerden on May 18, 2021. (df)
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Filing 22
HEARING EXHIBITS - DEFENDANT: Exhibit List and Exhibits admitted to hearing held on 5/17/2021. (Attachments: #1 D-1, #2 D-2, #3 D-3, #4 D-4, #5 D-5, #6 D-6, #7 D-7, #8 D-8, #9 D-9, #10 D-10, #11 D-11, #12 D-12, #13 D-13)(ALS)
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Filing 21
ORDER granting #16 Motion. Signed by District Judge Halil S. Ozerden on May 17, 2021. (df)
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Minute Entry for proceedings held on 5/17/2021 before District Judge Halil S. Ozerden: Hearing held on Defendants' #12 Motion for TRO and/or Preliminary Injunction and Plaintiffs' #16 FRCP 56(d) Motion. Court heard testimony and additional arguments on Motion #12 for TRO and/or Preliminary Injunction. Court denied the Defendants' #12 Motion for TRO for the reasons stated on the record. However, Court determined that holding the proposed Shareholders' meeting scheduled for 5/19/2021 would violate the Court's stay order and would otherwise disrupt the orderly progress of this litigation. Therefore the Court ordered that the meeting shall not go forward. Defendants do not oppose Plaintiffs' FRCP 56(d) Motion #16 and the Court will enter a separate Order granting that Motion. Witnesses: Carley Wayne Davis, Jr., Shannon Dillon, and Megan B. Thomas. Exhibits: D-1, D-2, D-3, D-4, D-5, D-6, D-7, D-8, D-9, D-10, D-11, D-12, and D-13 admitted into evidence. APPEARANCES: William Lee Guice, III, counsel for Plaintiffs; Daniel M. Waide, counsel for Defendants; CSO T. Bishop/W. Davis (Court Reporter T. Norton (228) 563-1780). (ALS)
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DOCKET ANNOTATION as to #20: Incorrect linkage made. Memorandum in Support should have also been linked to #12 Emergency Motion for Temporary Restraining Order, Motion for Preliminary Injunction. All related filings to motions (using the "Responses and Replies" category, with the exception of "Response to Order") should be linked back to the original motion. Court staff has made the correction. (RLW)
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Notice of Hearing on Motion #16 set for 5/17/2021 at 1:30 PM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. (ALS)
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Filing 20
MEMORANDUM IN SUPPORT re #19 Response in Opposition to Motion , #12 Emergency Motion for Temporary Restraining Order, Motion for Preliminary Injunction filed by Shannon Dillon, Megan Thomas, Richard Thomas (Attachments: #1 A - Articles of Incorporation RE Solace Hospice Inc., #2 B - Text Messages, #3 C - Application for Licensure, #4 D - Second Response Affidavit Richard Thomas, #5 E - Second Response Affidavit Megan Thomas, #6 F - Second Response Affidavit Shannon Dillon) (Guice, William) Modified on 5/17/2021 to create relationship to document #12 (RLW).
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Filing 19
RESPONSE in Opposition re #12 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Shannon Dillon, Megan Thomas, Richard Thomas (Guice, William)
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Filing 18
Response in Opposition re #8 MOTION to Dismiss or in the alternative, MOTION for Summary Judgment by Carley Wayne Davis, Jr., Lisa Norris Davis, Solace Hospice Inc. (Attachments: #1 Exhibit A - Declaration of Carley Davis) (Waide, Daniel). Added MOTION for Summary Judgment on 5/3/2021 (RLW). filed by Shannon Dillon, Megan Thomas, Richard Thomas (Attachments: #1 Exhibit A - Text Messages, #2 Exhibit B - Articles of Incorporation, #3 Exhibit C - Bylaws, #4 Exhibit D - Application for Licensure, #5 Exhibit E -Bank Statements, #6 Exhibit F - Affidavit of Megan Thomas, #7 Exhibit G - Affidavit of Shannon Dillon, #8 Exhibit H - Affidavit of Richard Thomas, #9 Exhibit I - Email with Serparation Agreements)(Guice, William)
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Filing 17
MEMORANDUM in Support re #16 MOTION Plaintiffs' FRCP 56(d) Motion filed by Shannon Dillon, Megan Thomas, Richard Thomas (Guice, William)
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Filing 16
MOTION Plaintiffs' FRCP 56(d) Motion by Shannon Dillon, Megan Thomas, Richard Thomas (Attachments: #1 Exhibit A - Affidavit of Shannon Dillon, #2 Exhibit B - Affidavit of Richard Thomas, #3 Exhibit C - Affidavit of Megan Thomas)(Guice, William)
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Motion Hearing set for 5/17/2021 at 1:30 PM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. (ALS)
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Filing 15
ORDER granting #14 Motion for Hearing. Signed by District Judge Halil S. Ozerden on May 10, 2021. (df)
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Filing 14
Emergency MOTION for Hearing re #12 Emergency MOTION for Temporary Restraining Order by Carley Wayne Davis, Jr, Lisa Norris Davis, Solace Hospice Inc. (Waide, Daniel)
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Filing 13
MEMORANDUM in Support re #12 Emergency MOTION for Temporary Restraining Order filed by Carley Wayne Davis, Jr, Lisa Norris Davis, Solace Hospice Inc. (Attachments: #1 Exhibit A - Notice of Meeting of Shareholder Minutes, #2 Exhibit B - Email, #3 Exhibit C - Second Declaration of Carley Davis, #4 Exhibit D - First Declaration of Carley Davis)(Waide, Daniel)
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Filing 12
Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Carley Wayne Davis, Jr., Lisa Norris Davis, Solace Hospice Inc. (Attachments: #1 Exhibit A - Declaration of Carley Davis) (Waide, Daniel). Added MOTION for Preliminary Injunction on 5/6/2021 (RLW).
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DOCKET ANNOTATION as to #12: This document requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. (RLW)
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Filing 11
Corporate Disclosure Statement by Solace Hospice Inc. (Waide, Daniel)
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DOCKET ANNOTATION as to #8: This document requests several motion reliefs. Every motion relief should be selected from the list of motion titles or each relief docketed separately. The same PDF document may be used for all motion filing entries. It is not necessary to refile as court staff has made the necessary correction. Attorney is advised to follow this procedure in future filings. (RLW)
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TEXT ONLY ORDER staying discovery, granting #10 Motion to Stay Proceedings. Defendants have filed a filed a #8 Motion to Dismiss or for Summary Judgment which asserts lack of subject matter jurisdiction. Filing a motion asserting lack of jurisdiction stays the attorney conference and disclosure requirements and all discovery, pending the Court's ruling on the motion. L.U.Civ.P. 16(b)(3)(B). Discovery is stayed pending ruling on Defendants' Motion #8 . NO FURTHER WRITTEN ORDER WILL ISSUE. Signed by Magistrate Judge John C. Gargiulo on 5/3/21 (HM)
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Filing 10
MOTION to Stay Proceedings by Carley Wayne Davis, Jr, Lisa Norris Davis, Solace Hospice Inc. (Waide, Daniel)
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Filing 9
MEMORANDUM in Support re #8 MOTION to Dismiss filed by Carley Wayne Davis, Jr, Lisa Norris Davis, Solace Hospice Inc. (Waide, Daniel)
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Filing 8
MOTION to Dismiss or in the alternative, MOTION for Summary Judgment by Carley Wayne Davis, Jr., Lisa Norris Davis, Solace Hospice Inc. (Attachments: #1 Exhibit A - Declaration of Carley Davis) (Waide, Daniel). Added MOTION for Summary Judgment on 5/3/2021 (RLW).
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Filing 7
SUMMONS Returned Executed by Shannon Dillon, Richard Thomas, Megan Thomas. Lisa Norris Davis served on 4/22/2021, answer due 5/13/2021. (Martinez, Maria)
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Filing 6
SUMMONS Returned Executed by Shannon Dillon, Richard Thomas, Megan Thomas. Solace Hospice Inc. served on 4/22/2021, answer due 5/13/2021. (Martinez, Maria)
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Filing 5
SUMMONS Returned Executed by Shannon Dillon, Richard Thomas, Megan Thomas. Carley Wayne Davis, Jr served on 4/22/2021, answer due 5/13/2021. (Martinez, Maria)
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Filing 4
NOTICE of Appearance by Daniel M. Waide on behalf of Carley Wayne Davis, Jr, Lisa Norris Davis, Solace Hospice Inc. (Waide, Daniel)
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DOCKET ANNOTATION as to #3: Advising attorney that each individual plaintiff's name should have been selected, not All Plaintiffs. Attorney is not required to re-file, but is advised to select plaintiff's name in the future. (RLW)
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Filing 3
NOTICE of Appearance by Maria Martinez on behalf of All Plaintiffs (Martinez, Maria)
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Filing 2
Summons Issued as to Carley Wayne Davis, Jr, Lisa Norris Davis, Solace Hospice Inc.. (wld)
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Filing 1
COMPLAINT with jury demand against Carley Wayne Davis, Jr., Lisa Norris Davis, Solace Hospice Inc. ( Filing fee $ 402 receipt number 0538-4523084), filed by Shannon Dillon, Richard Thomas, Megan Thomas. (Attachments: #1 Exhibit A-Articles of Incorporation RE Solace Hospice Inc., #2 Exhibit B-Bylaws of Solace Hospice Inc., #3 Exhibit C-Application for Licensure, #4 Exhibit D-Articles of Incorporation RE Trinity Manor, #5 Exhibit E-Confidential Separation Agreement, #6 Civil Cover Sheet)(wld)
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Summons issued and mailed to William Lee Guice, III at P.O. Box/address on docket. (wld)
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