GB GROUP, LLC v. AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC. et al
| AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., PALMETTO CONSULTING OF COLUMBIA, LLC, MICHAEL DAVID HUNTER and MATTHEW ALAN HOLYCROSS |
| GB GROUP, LLC |
| 5:2023cv00029 |
| January 20, 2023 |
| US District Court for the Eastern District of North Carolina |
| Terrence W Boyle |
| Robert T Numbers |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
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| Filing 31 ANSWER to #11 Amended Complaint, , COUNTERCLAIM against All Plaintiffs by MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC, AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS. (Lewis, J.) |
| Filing 30 Memorandum in Support regarding #29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts II, III, V and VI filed by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC. (Lewis, J.) |
| Filing 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM as to Counts II, III, V and VI filed by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC. (Lewis, J.) |
| Filing 28 Notice of Appearance filed by J. Scott Lewis on behalf of All Defendants. (Lewis, J.) |
| Filing 27 Notice of Appearance filed by Ellis W. Martin on behalf of GB GROUP, LLC. (Martin, Ellis) |
| Filing 26 Notice to Parties regarding Transfer of Case to the Eastern District of North Carolina. Counsel should read the notice in its entirety for additional information. (Rudd, D.) |
| Filing 25 Case transferred in from District of Pennsylvania Eastern. Case Number 2:21-cv-03163. Transfer order and docket sheet obtained from transferring district. |
Filing 24
ORDER THAT THE MOTION OF DEFENDANTS AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., PALMETTO CONSULTING OF COLUMBIA, LLC, MICHAEL DAVID HUNTER, AND MATTHEW ALAN HOLYCROSS TO DISMISS PLAINTIFFS FIRST AMENDED VERIFIED COMPLAINT FOR LACK OF PERSONAL JURISDICTION, FORUM NON CONVENIENS, AND FOR FAILURE TO STATE A CLAIM #13 IS GRANTED IN PART AND DENIED IN PART, AS FOLLOWS: DEFENDANTS MOTION IS GRANTED AS TO DEFENDANTS REQUEST TO TRANSFER THIS MATTER, AND THE CLERK OF COURT SHALL TRANSFER THIS MATTER TO THE EASTERN DISTRICT OF NORTH CAROLINA PURSUANT TO 28 U.S.C. 1404(A); DEFENDANTS MOTION TO DISMISS PALMETTO CONSULTING OF COLUMBIA, LLC, MICHAEL DAVID HUNTER, AND MATTHEW ALAN HOLYCROSS FOR LACK OF PERSONAL JURISDICTION IS DENIED AS MOOT; DEFENDANTS MOTION TO DISMISS GBS CLAIMS FOR UNJUST ENRICHMENT, CIVIL CONSPIRACY, AND CORPORATE VEIL PIERCING IS DENIED WITHOUT PREJUDICE; AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES; AS OUTLINED HEREIN.. SIGNED BY DISTRICT JUDGE JOSHUA D. WOLSON ON 11/28/22.11/28/22 ENTERED AND COPIES E-MAILED.(bw) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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| Case Transferred to District of EASTERN DISTRICT OF NORTH CAROLINA. (bw) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
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Filing 23
ORDER THAT THIS CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE C. DARNELL JONES, II TO THE CALENDAR OF THE HONORABLE JOSHUA D. WOLSON FOR FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 11/17/22. 11/17/22 ENTERED AND COPIES E-MAILED.(mbh) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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Filing 22
ORDERED THAT THE APPLICATION OF WILLIAM R. O'BRYAN, JR., ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 3/15/22. 3/16/22 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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Filing 21
ORDERED THAT THE APPLICATION OF MATTHEW R. HINSON, ESQURE TO PRACTICE IN THIS COURT PURSUANT TO LOCAL RULE OF CIVIL PROCEDURE 83.5.2(B) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 3/15/22. 3/16/22 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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| Filing 20 DEFENDANTS REPLY TO PLAINITFFS RESPONSE IN OPPOSITION TODEFENDANTS MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION,FORUM NON CONVENIENS, AND FOR FAILURE TO STATE A CLAIM filed by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC. (jaa, ) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
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Filing 19
ORDERED THAT THE MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF DEFENDANTS MOTION TO DISMISS IS GRANTED, AND THE REPLY BRIEF ATTACHED AS EXHIBIT A TO THIS MOTION IS DEEMED TO HAVE BEEN FILED WITH THE CLERK OF COURT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 3/15/22.3/15/22 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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| Filing 18 APPLICATION for Admission Pro Hac Vice of Matthew R. Hinson by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC. ( Filing fee $ 40 receipt number APAEDC-15722051.). (KETELSEN, JASON) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 17 APPLICATION for Admission Pro Hac Vice of William R. O'Bryan, Jr. by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC. ( Filing fee $ 40 receipt number APAEDC-15722036.). (KETELSEN, JASON) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 16 MOTION for Leave to File A Reply Brief filed by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC. Memorandum, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum In Support, #3 Exhibit A-Proposed Reply Brief)(SCHWEDER, JOHN) Modified on 12/1/2021 (tjd, ). [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 15 Memorandum of Law in Opposition re #13 MOTION to Dismiss Plaintiff's First Amended Verified Complaint For Lack Of Personal Jurisdiction, Forum Non Conveniens, And For Failure To State A Claim filed by GB GROUP, LLC. (Attachments: #1 Exhibit Declaration of Gene Brodsky, #2 Text of Proposed Order)(BERMAN, BRETT) Modified on 11/28/2021 (tjd). [Transferred from Pennsylvania Eastern on 1/20/2023.] |
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Filing 14
ORDERED THAT THE REQUEST IS GRANTED AND PLAINTIFF SHALL FILE AND SERVE ITS RESPONSE TO THE MOTION TO DISMISS ON OR BEFORE NOVEMBER 19, 2021. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/9/21. 11/9/21 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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| Filing 13 MOTION to Dismiss Plaintiff's First Amended Verified Complaint For Lack Of Personal Jurisdiction, Forum Non Conveniens, And For Failure To State A Claim filed by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC.Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum Of Law In Support, #3 Exhibit 1- Declaration Of Matthew Alan Holycross, #4 Exhibit 2- Declaration Of Michael David Hunter)(SCHWEDER, JOHN) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
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Filing 12
ORDER THAT DEFENDANT'S MOTION TO DISMISS PLANTIFF'S COMPLAINT FOR LACK OF PERSONAL JURISDICTION FORUM NON CONVENIENS AND FAILURE TO STATE A CLAIM IS DENIED AS MOOT; ETC.. SIGNED BY HONORABLE C. DARNELL JONES, II ON 10/19/21.10/19/21 ENTERED AND E-MAILED.(JL ) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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| Filing 11 AMENDED COMPLAINT against AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC, filed by GB GROUP, LLC.(BERMAN, BRETT) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 10 Disclosure Statement Form pursuant to FRCP 7.1 by PALMETTO CONSULTING OF COLUMBIA, LLC.(SCHWEDER, JOHN) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 9 Disclosure Statement Form pursuant to FRCP 7.1 by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC..(SCHWEDER, JOHN) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 8 MOTION to Dismiss Plaintiff's Complaint For Lack Of Personal Jurisdiction, Forum Non Conveniens, And For Failure To State A Claim filed by AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC. Memorandum of Law, Certificate of Service. (Attachments: #1 Text of Proposed Order, #2 Memorandum Of Law In Support, #3 Exhibit 1- Declaration Of Matthew Alan Holycross, #4 Exhibit 2- Declaration Of Michael David Hunter)(SCHWEDER, JOHN) Modified on 10/5/2021 (tjd). [Transferred from Pennsylvania Eastern on 1/20/2023.] |
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Filing 7
ORDERED THAT SAID REQUEST IS GRANTED. ON OR BEFORE OCTOBER 1, 2021, DEFENDANTS SHALL ANSWER OR OTHERWISE RESPOND1 TO PLAINTIFFS COMPLAINT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/10/21. 9/14/21 ENTERED AND COPIES E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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| Filing 6 NOTICE of Appearance by JASON T. KETELSEN on behalf of AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC with Certificate of Service(KETELSEN, JASON) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 5 NOTICE of Appearance by JOHN LAWRENCE SCHWEDER, II on behalf of AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC with Certificate of Service(SCHWEDER, JOHN) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 4 NOTICE of Appearance by ANDREW S. CONSOLE on behalf of GB GROUP, LLC (CONSOLE, ANDREW) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 3 WAIVER OF SERVICE Returned Executed by GB GROUP, LLC. Waivers sent ti All Defendants on 7/19/2021, answers due 9/17/2021. (BERMAN, BRETT) Modified on 8/6/2021 (tjd). [Transferred from Pennsylvania Eastern on 1/20/2023.] |
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Filing 2
ORDERED AS FOLLOWS THAT TEN (10) DAYS PRIOR TO ANY MOTION BEING FILED (INCLUDING A MOTION UNDER FED.R.CIV.P. 12 OR 56, 28 U.S.C. 1441, OR 28 U.S.C. 1404), COUNSEL MUST NOTIFY OPPOSING COUNSEL TO DISCUSS THE SUBSTANCE OF THE POTENTIAL MOTION, AND THE POSSIBLE RESOLUTION OF SAME. THESE DISCUSSIONS SHALL BE SUBSTANTIVE AND NOT PERFUNCTORY. TO THIS END, COUNSEL SHALL PROVIDE THE OPPOSING PARTY WITH AN OPPORTUNITY TO CURE ANY ALLEGED DEFECTS PRIOR TO FILING A MOTION; IN THE EVENT THE PARTIES ARE UNABLE TO PRELIMINARILY NEGATE THE NEED FOR THE FILING OF A MOTION AFTER ENGAGING IN SUBSTANTIVE DISCUSSIONS, THE MOVING PARTY SHALL SO SPECIFY IN A CERTIFICATION ATTACHED AND FILED WITH THE MOTION. SAID CERTIFICATION SHALL INDICATE THE DATE(S) OF DISCUSSION(S) AND SHALL INFORM THE COURT OF THE PARTIES INABILITY TO REACH A RESOLUTION; AND, FAILURE TO COMPLY WITH THIS ORDER SHALL RESULT IN DENIAL OF THE MOTION WITHOUT FURTHER NOTICE. SIGNED BY HONORABLE C. DARNELL JONES, II ON 7/19/21. 7/19/21 ENTERED AND COPIES MAILED TO UNREPS AND E-MAILED.(jaa, ) [Transferred from Pennsylvania Eastern on 1/20/2023.]
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| Summons Issued as to AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC. E-MAILED To: COUNSEL on 7/16/21 (bw, ) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
| Filing 1 COMPLAINT against AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP, INC., MATTHEW ALAN HOLYCROSS, MICHAEL DAVID HUNTER, PALMETTO CONSULTING OF COLUMBIA, LLC ( Filing fee $ 402 receipt number 0313-15256022.), filed by GB GROUP, LLC. (Attachments: #1 Exhibit Agreement, #2 Exhibit Addendum, #3 Civil Cover Sheet, #4 Designation Form)(BERMAN, BRETT) [Transferred from Pennsylvania Eastern on 1/20/2023.] |
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