McKoy et al v. ACN Opportunity, LLC
Plaintiff: Catherine McKoy, Millard Williams, Markus Frazier and Lynn Chadwick
Defendant: ACN Opportunity, LLC
Case Number: 3:2022cv00320
Filed: July 19, 2022
Court: US District Court for the Western District of North Carolina
Presiding Judge: David S Cayer
Referring Judge: Robert J Conrad
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Declaratory Judgment
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 20, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 16, 2022 Opinion or Order Filing 26 Transmission of Notice of Appeal to US Court of Appeals re #23 Notice of Appeal (brl)
September 15, 2022 Opinion or Order Filing 25 MEMORANDUM in Support re #24 MOTION to Stay Pending Appeal by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. (Houti, Jennifer)
September 15, 2022 Opinion or Order Filing 24 MOTION to Stay Pending Appeal by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. Responses due by 9/29/2022 (Houti, Jennifer). Motions referred to David S. Cayer.
September 15, 2022 Opinion or Order Filing 23 NOTICE OF APPEAL as to #22 Order on Motion for Preliminary Injunction by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. Use this link #www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (IFP) (Houti, Jennifer)
September 6, 2022 Opinion or Order Filing 22 ORDER denying Plaintiffs' #10 Motion for Preliminary Injunction. Signed by District Judge Robert J. Conrad, Jr on 9/6/2022. (brl)
September 6, 2022 Opinion or Order TEXT-ONLY ORDER Text of Order: As stated in open on 9/2/2022, the temporary restraining order previously entered by the Court (Doc. No. 13) is extended until the Court issues a written order on Plaintiff's motion for preliminary injunction. So Ordered. Entered by District Judge Robert J. Conrad, Jr on 9/6/2022. (brl)
September 2, 2022 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Robert J. Conrad, Jr. Re #10 MOTION for Preliminary Injunction. Motion taken under advisement, order to issue. Plaintiffs attorney: David Berman, Edward Hinson, Jr.. Defendants attorney: David Redding, Ryan Simpson. Court reporter: Kathy Cortopassi. (brl)
September 1, 2022 Opinion or Order Filing 21 CERTIFICATE OF SERVICE by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams re #20 Reply to Response to Motion, (Berman, David)
August 31, 2022 Opinion or Order Filing 20 REPLY to Response to Motion re #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Reply Memorandum of Law in Support of Motion for Temporary Restraining Order and Preliminary Injunction by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. (Berman, David)
August 26, 2022 Opinion or Order Filing 19 MEMORANDUM in Opposition re #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by ACN Opportunity, LLC. Replies due by 9/2/2022 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Simpson, Ryan) Modified to remove duplicate text on 8/29/2022 (brl).
August 17, 2022 Opinion or Order Filing 18 MOTION for Extension of Time to Answer by ACN Opportunity, LLC. (Simpson, Ryan). Motions referred to David S. Cayer.
August 17, 2022 Opinion or Order Filing 17 NOTICE of Appearance by Ryan Bennett Simpson on behalf of All Defendants (Simpson, Ryan)
August 17, 2022 Opinion or Order Filing 16 Document deleted; filed in error. (mek).
August 17, 2022 Opinion or Order Filing 15 NOTICE of Appearance by David G. Redding on behalf of All Defendants (Redding, David)
August 17, 2022 Opinion or Order TEXT-ONLY ORDER granting #18 MOTION for Extension of Time to Answer. ACN Opportunity, LLC's answer due 9/19/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/17/2022. (DLG)
August 16, 2022 Opinion or Order Filing 14 CERTIFICATE OF SERVICE by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams re #13 Order on Motion for TRO, (Houti, Jennifer)
August 16, 2022 Opinion or Order Filing 13 ORDER granting in part #10 Motion for TRO. A hearing on Plaintiffs motion for preliminary injunction is set for Friday, September 2, 2022, at 11:00 a.m. in Courtroom 4a. Signed by District Judge Robert J. Conrad, Jr on 8/15/2022. (brl)
August 16, 2022 Opinion or Order NOTICE of Hearing on Motion re: #10 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction : Motion Hearing set for 9/2/2022 11:00 AM in Courtroom #4A, 401 W Trade St, Charlotte, NC 28202 before District Judge Robert J. Conrad Jr. This is your only notice - you will not receive a separate document.(brl)
August 12, 2022 Opinion or Order Filing 12 AFFIDAVIT in Support re #10 MOTION for Temporary Restraining Order by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. (Attachments: #1 Exhibit 1 - McKoy SDNY Deposition, #2 Exhibit 2 - Frazier SDNY Deposition, #3 Exhibit 3 - Chadwick SDNY Deposition, #4 Exhibit 4 - SDNY SAC, #5 Exhibit 5 - McKoy IBO Agreement, #6 Exhibit 6 - Williams IBO Agreement, #7 Exhibit 7 - Frazier IBO Agreement, #8 Exhibit 8 - Chadwick IBO Agreement, #9 Exhibit 9 - SDNY Docket Sheet, #10 Exhibit 10 - ACN Cross-Motion Compel Arbitration, #11 Exhibit 11 - SDNY Order, #12 Exhibit 12 - Second Circuit Order, #13 Exhibit 13 - Arbitration Demands, #14 Exhibit 14 - Motion to AAA to Stay, #15 Exhibit 15 - AAA Denial of Stay, #16 Exhibit 16 - ACN Arbitration Discovery Requests, #17 Exhibit 17 - AAA Order Denying Stay of Preliminary Conference, #18 Exhibit 18 - SDNY Protective Order)(Houti, Jennifer)
August 12, 2022 Opinion or Order Filing 11 MEMORANDUM in Support re #10 MOTION for Temporary Restraining Order by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. (Houti, Jennifer)
August 12, 2022 Opinion or Order Filing 10 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. Responses due by 8/26/2022 (Houti, Jennifer). Modified text/event on 8/16/2022 (brl).
July 29, 2022 Opinion or Order Filing 9 AFFIDAVIT of Service filed by Catherine McKoy, Lynn Chadwick, Markus Frazier, Millard Williams. ACN Opportunity, LLC served on 7/27/2022, answer due 8/17/2022. (Houti, Jennifer)
July 29, 2022 Opinion or Order Filing 8 ORDER granting #4 , #5 , #6 and #7 Motion for Leave to Appear. Attorneys John Quinn, Roberta A. Kaplan, David B. Berman, and Katherine Rosenfeld added for Catherine McKoy, Millard Williams, Markus Frazier and Lynn Chadwick. (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 7/29/2022. (brl)
July 29, 2022 Opinion or Order Filing 7 MOTION for Leave to Appear Pro Hac Vice as to Katherine Rosenfeld Filing fee $ 288, receipt number ANCWDC-5677108. by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. (Houti, Jennifer). Motions referred to David S. Cayer.
July 29, 2022 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice as to David B. Berman Filing fee $ 288, receipt number ANCWDC-5677099. by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. (Houti, Jennifer). Motions referred to David S. Cayer.
July 29, 2022 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice as to Roberta A. Kaplan Filing fee $ 288, receipt number ANCWDC-5677075. by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. (Houti, Jennifer). Motions referred to David S. Cayer.
July 29, 2022 Opinion or Order Filing 4 MOTION for Leave to Appear Pro Hac Vice as to John Quinn Filing fee $ 288, receipt number ANCWDC-5677016. by Lynn Chadwick, Markus Frazier, Catherine McKoy, Millard Williams. (Houti, Jennifer). Motions referred to David S. Cayer.
July 29, 2022 Opinion or Order Notice to Roberta A. Kaplan: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 8/5/2022. (brl)
July 29, 2022 Opinion or Order Notice to John Quinn: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 8/5/2022. (brl)
July 29, 2022 Opinion or Order Notice to David B. Berman: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 8/5/2022. (brl)
July 29, 2022 Opinion or Order Notice to Katherine Rosenfeld: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 8/5/2022. (brl)
July 21, 2022 Opinion or Order Filing 3 NOTICE of Appearance by Edward Theodore Hinson, Jr on behalf of All Plaintiffs (Hinson, Edward)
July 20, 2022 Opinion or Order Filing 2 Summons Issued Electronically as to ACN Opportunity, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (tlj)
July 20, 2022 Opinion or Order Case assigned to District Judge Robert J. Conrad, Jr. and Magistrate Judge David S. Cayer. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(tlj)
July 19, 2022 Opinion or Order Filing 1 COMPLAINT against ACN Opportunity, LLC with Jury Demand ( Filing fee $ 402 receipt number ANCWDC-5662395), filed by Catherine McKoy, Lynn Chadwick, Markus Frazier, Millard Williams. (Attachments: #1 Exhibit ACN Arbitration Demands, #2 Exhibit McKoy IBO Agremeent, #3 Exhibit Williams IBO Agreement, #4 Exhibit Frazier IBO Agreement, #5 Exhibit Chadwick IBO Agreement, #6 Exhibit SDNY Complaint, #7 Exhibit SDNY Ruling on Motion to Compel, #8 Exhibit Second Circuit Ruling, #9 Exhibit SDNY Protective Order)(Houti, Jennifer)

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Search for this case: McKoy et al v. ACN Opportunity, LLC
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Plaintiff: Catherine McKoy
Represented By: Jennifer Michelle Houti
Represented By: David B. Berman
Represented By: Katherine Rosenfeld
Represented By: Edward Theodore Hinson, Jr.
Represented By: John Charles Quinn
Represented By: Roberta A. Kaplan
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Plaintiff: Millard Williams
Represented By: Jennifer Michelle Houti
Represented By: David B. Berman
Represented By: Edward Theodore Hinson, Jr.
Represented By: John Charles Quinn
Represented By: Katherine Rosenfeld
Represented By: Roberta A. Kaplan
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Plaintiff: Markus Frazier
Represented By: Jennifer Michelle Houti
Represented By: David B. Berman
Represented By: Edward Theodore Hinson, Jr.
Represented By: John Charles Quinn
Represented By: Katherine Rosenfeld
Represented By: Roberta A. Kaplan
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Plaintiff: Lynn Chadwick
Represented By: Jennifer Michelle Houti
Represented By: David B. Berman
Represented By: Edward Theodore Hinson, Jr.
Represented By: John Charles Quinn
Represented By: Katherine Rosenfeld
Represented By: Roberta A. Kaplan
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Defendant: ACN Opportunity, LLC
Represented By: Ryan Bennett Simpson
Represented By: David G. Redding
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