Micfo LLC v. Larkin et al
| Micfo LLC |
| Victoria Latham and Erinn Larkin |
| Micfo, LLC Owner Amir Golestan |
| 2:2018cv01653 |
| June 15, 2018 |
| US District Court for the District of South Carolina |
| Charleston Office |
| Charleston |
| Richard M Gergel |
| David C Norton |
| Other Statutory Actions |
| 18 U.S.C. § 1836 (b) Civil Action to Protect Trade Secrets |
| Both |
Docket Report
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Filing 70
ORDER DISMISSING CASE This case is dismissed without prejudice subject to the conditions as outlined in the Order. Please see Order for all details. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/1/2020. (sshe, )
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| Filing 69 REPLY by Victoria Latham to 66 Order,,, Response to Text Order. (Brewer, Barrett) |
| Filing 68 REPLY by Erinn Larkin Response to Text Order to 66 Order. (Attachments: #1 Exhibit A Email correspondence)(Mlynarczyk, Adam) Modified on 5/29/2020 to link correct event to associated event, to add description to exhibit(sshe, ). |
| Filing 67 REPLY by Micfo LLC to 66 Order,,, . (Attachments: #1 Exhibit A- Email corresp between undersigned and counsel for Trustee, Christine Brimm, the Trustee also consents to Proposal)(Abney, Merritt) |
| Filing 66 TEXT ORDER The parties discussed with the Court at a telephone status conference on 5/26/20 the possible resolution of this matter as follows: (1) dismissal without prejudice of all pending claims in this matter; (2) leave of any party to move to restore the case to the docket within one year; and (3) tolling of any applicable statute of limitations during the one year period following dismissal of the action without prejudice. The parties agreed to confer with their clients and to advise the Court on or before noon on 5/29/20 whether there is consent to this resolution. Counsel for Micfo, LLC also agreed to consult with the Trustee in the Amir Golestan bankruptcy regarding whether she will consent. In the event there is not consent, the Court will establish a scheduling order that provides for trial in September 2020. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 5/26/20. (ltap, ) |
| Filing 65 Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held by telephone on 5/26/2020. All parties are represented on the call. Court to issue text order. Court Reporter Tana Hess. (cper, ) |
| Filing 64 NOTICE of Hearing: Telephone Status Conference set for 5/26/2020 at 10:00 AM before Honorable Richard M Gergel. The Court will provide call-in instructions. Court staff is needed. (ltap, ) |
| Filing 63 Case Reassigned to Judge Richard M Gergel. Judge David C Norton no longer assigned to the case. (suro, ) |
| Filing 62 SUGGESTION OF BANKRUPTCY Upon the Record by Amir Golestan. (Abney, Merritt) |
| Filing 61 TEXT ORDER granting protection from court appearances to Adam Mlynarczyk for 7/23-27/2019. Signed by Honorable David C Norton on 7/2/2019. (eric, ) |
| Filing 60 NOTICE of Request for Protection from Court Appearance by Adam Mlynarczyk for September 23-27, 2019. Refiled to correct event type. (jbry, ) |
| Filing 59 CONSENT ORDER granting #58 Motion to Amend/Correct Consent Scheduling Order. Mediation shall take place within sixty (60) days of the date of this order; Micfo, LLC shall place Sentinel Insurance Company, Limited/The Hartford, on notice of the counterclaims of both Defendants Latham and Larkin; if a settlement cannot be reached at mediation, then the Parties will jointly request a hearing to take place as soon as possible regarding whether a stay of discovery should remain in place until the criminal cases against Micfo, LLC and Amir Golestan are resolved; that discovery in this case shall be stayed until the Court rules on whether the stay should remain in place during the criminal proceedings. Signed by Honorable David C Norton on 6/20/2019.(jbry, ) |
| Filing 58 Consent MOTION to Amend/Correct Consent Scheduling Order by Erinn Larkin. Response to Motion due by 7/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Attorney Consent - Abney, #2 Supporting Documents Attorney Consent - Brewer)No proposed order.(Mlynarczyk, Adam) |
| Filing 57 Minute Entry. Proceedings held before Honorable David C Norton: Status Conference held on 4/17/2019. Parties to submit a proposed consent order for mediation by 6/1/19 for the Court's consideraton. Court Reporter Tana Hess. (cmur, ) |
| Filing 56 NOTICE OF RESCHEDULED HEARING Status Conference set for Tuesday, 4/16/2019 at 10:30 AM cancelled and rescheduled to: Status Conference set for Wednesday, 4/17/2019 at 10:30 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 55 TEXT ORDER granting protection from court appearances to Adam Mlynarczyk for 7/22-30/2019. Signed by Honorable David C Norton on 3/27/2019. (eric, ) |
| Filing 54 NOTICE of Request for Protection from Court Appearance by Adam Mlynarczyk for July 22, 2019 to July 30, 2019 (Mlynarczyk, Adam) |
| Filing 53 NOTICE OF RESCHEDULED HEARING Status Conference set for Thursday, 4/4/2019 at 1:30 PM cancelled and rescheduled to: Status Conference set for Tuesday, 4/16/2019 at 10:30 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 52 TEXT ORDER granting #50 Motion for Status Conference. Signed by Honorable David C Norton on 3/13/2019.(jbry, ) |
| Filing 51 NOTICE of Hearing: Status Conference set for Thursday, 4/4/2019 at 1:30 PM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 50 First MOTION for Status Conference by Victoria Latham. Response to Motion due by 3/26/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - emails re 10.10.18 to 12.15.18, #2 Exhibit B - Emails re 12.06.18 to 12.07.18, #3 Exhibit C - emails re 12.12.19, #4 Exhibit D.1 - Verified Complaint re Oppobox, LLC, et vs. ARIN, #5 Exhibit D.2 - Verified Complaint Ex. A - G, #6 Exhibit D.3 - Verified Complaint Ex. H - N, #7 Exhibit E - Transcript of Injunctive Hearing, #8 Exhibit F - Oppobox, LLC Voluntary Dismissal, #9 Exhibit G - Complaint re Golestan v. Golestan)No proposed order.(Brewer, Barrett) |
| Filing 49 TEXT ORDER denying without prejudice #32 Motion to Strike ; denying without prejudice #16 Motion to Dismiss for Failure to State a Claim; denying wihtout prejudice #18 Motion to Strike ; denying without prejudice #24 Motion to Dismiss for Failure to State a Claim. Parties have leave of the court to refile these motions at a later date, if necessary. Signed by Honorable David C Norton on 2/8/2019.(eric, ) |
| Filing 48 TEXT ORDER granting protection from court appearances to M. Kathleen McTighe Mellen for 2/1-12/2019. Signed by Honorable David C Norton on 1/9/2019. (eric, ) |
| Filing 47 NOTICE of Request for Protection from Court Appearance by Mary Kathleen McTighe Mellen for 2/1/19 through 2/12/19 (McTighe Mellen, Mary) |
| Filing 46 TEXT ORDER granting #43 Motion Status Conference or in the alternative Extension of Time; granting #44 Motion for Extension of Time to File Response/Reply re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 11/13/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) Signed by Honorable David C Norton on 10/29/2018.(eric, ) |
| Filing 45 NOTICE of Cancellation of Hearing: on Motions #18 MOTION to Strike #7 Answer to Complaint,, Third Party Complaint,, Counterclaim, and Motion to Dismiss Conversion Claim, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for Monday, 10/22/2018 at 11:00 AM (jbry, ) |
| Filing 44 Fourth MOTION for Extension of Time to File Response/Reply as to #37 Order on Motion for Extension of Time to File Response/Reply, by Erinn Larkin. Response to Motion due by 10/17/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Protocol for Discovery of Electronic Devices and Accounts)No proposed order.(Mlynarczyk, Adam) Modified on 10/4/2018 to add descriptions to exhibits(sshe, ). |
| Filing 43 First MOTION for Status Conference or in the Alternative Motion for Extension of Time to Reply to Plaintiff Micfo, LLC's, Motion to Dismiss and Third-Party Defendant Golestan's Motion to Strike and Motion to Dismiss by Victoria Latham. Response to Motion due by 10/15/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Stipulation of Protocol for Discovery of Defendants' Devices, Drives, and Accounts)No proposed order.(Brewer, Barrett) Modified on 10/2/2018 to add description to exhibit (jbry, ). |
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Filing 42
ORDER granting #40 Motion for Extension of Time to File Response/Reply re #32 MOTION to Strike #10 Answer to Complaint,, Third Party Complaint,, Counterclaim, and Motion to Dismiss Third-Party Claims Response to Motion due by 10/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable David C Norton on 9/24/2018.(jbry, )
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Filing 41
ORDER granting #39 Motion for Extension of Time to File Response/Reply re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 10/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable David C Norton on 9/24/2018.(jbry, )
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| Filing 40 First MOTION for Extension of Time to File Response/Reply as to #32 MOTION to Strike #10 Answer to Complaint,, Third Party Complaint,, Counterclaim, and Motion to Dismiss Third-Party Claims by Victoria Latham. Response to Motion due by 10/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brewer, Barrett) |
| Filing 39 Third MOTION for Extension of Time to File Response/Reply as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Victoria Latham. Response to Motion due by 10/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brewer, Barrett) |
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Filing 37
ORDER granting #36 Motion for Extension of Time to File Response/Reply re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 10/4/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable David C Norton on 9/18/2018.(jbry, )
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| Filing 36 Third MOTION for Extension of Time to File Response/Reply as to #28 Order on Motion for Extension of Time to File Response/Reply, by Erinn Larkin. Response to Motion due by 10/1/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Mlynarczyk, Adam) |
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Filing 35
ORDER granting #34 Motion for Extension of Time to File Response/Reply re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 9/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable David C Norton on 9/10/2018.(jbry, )
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| Filing 34 Second MOTION for Extension of Time to File Response/Reply as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Victoria Latham. Response to Motion due by 9/24/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brewer, Barrett) |
| Filing 33 ANSWER to #10 Answer to Complaint,, Third Party Complaint,, Counterclaim, by Amir Golestan.(McTighe Mellen, Mary) |
| Filing 32 MOTION to Strike #10 Answer to Complaint,, Third Party Complaint,, Counterclaim, and Motion to Dismiss Third-Party Claims by Amir Golestan. Response to Motion due by 9/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McTighe Mellen, Mary) |
| Filing 31 NOTICE of Hearing on Motions #18 MOTION to Strike #7 Answer to Complaint,, Third Party Complaint,, Counterclaim, and Motion to Dismiss Conversion Claim, #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Motion Hearing set for Monday, 10/22/2018 at 11:00 AM in Hon. Sol Blatt, Jr., Courtroom, J. Waties Waring Judicial Cntr, 83 Meeting St, Charleston before Honorable David C Norton. (jbry, ) |
| Filing 30 First MOTION for Extension of Time to File Response/Reply as to #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Victoria Latham. Response to Motion due by 9/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Brewer, Barrett) |
| Filing 29 REPLY to Response to Motion re #18 MOTION to Strike #7 Answer to Complaint,, Third Party Complaint,, Counterclaim, and Motion to Dismiss Conversion Claim Response filed by Amir Golestan. (McTighe Mellen, Mary) |
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Filing 28
ORDER granting #27 Motion for Extension of Time to File Response/Reply re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 9/19/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable David C Norton on 9/4/2018.(eric, )
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| Filing 27 Second MOTION for Extension of Time to File Response/Reply as to #23 Order on Motion for Extension of Time to File Response/Reply, Memorandum in Opposition to Mot. to Strike by Erinn Larkin. Response to Motion due by 9/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Mlynarczyk, Adam) |
| Filing 26 RESPONSE in Opposition re #18 MOTION to Strike #7 Answer to Complaint,, Third Party Complaint,, Counterclaim, and Motion to Dismiss Conversion Claim Memorandum in Opposition to Mot. to Strike Response filed by Erinn Larkin.Reply to Response to Motion due by 9/4/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Mlynarczyk, Adam) |
| Filing 25 ANSWER to Counterclaim #10 of Latham by Micfo LLC.(McTighe Mellen, Mary) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Micfo LLC. Response to Motion due by 9/5/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Latham's At-Will Offer of Employment)No proposed order.(McTighe Mellen, Mary) |
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Filing 23
ORDER granting #22 Motion for Extension of Time to File Response/Reply re #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response to Motion due by 9/4/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Signed by Honorable David C Norton on 8/21/2018.(jbry, )
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| Filing 22 First MOTION for Extension of Time to File Response/Reply as to #16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Erinn Larkin. Response to Motion due by 9/4/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Mlynarczyk, Adam) |
| Filing 21 ACCEPTANCE OF SERVICE OF COMPLAINT by Victoria Latham. Third-Party Defendant Amir Golestan served on 8/8/2018, answer due 8/29/2018. (Brewer, Barrett) |
| Filing 19 ANSWER to #7 Answer to Complaint,, Third Party Complaint,, Counterclaim, by Amir Golestan.(McTighe Mellen, Mary) |
| Filing 18 MOTION to Strike #7 Answer to Complaint,, Third Party Complaint,, Counterclaim, and Motion to Dismiss Conversion Claim by Amir Golestan. Response to Motion due by 8/28/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McTighe Mellen, Mary) |
| Filing 17 ANSWER to Counterclaim #7 of Erinn Larkin by Micfo LLC.(McTighe Mellen, Mary) |
| Filing 16 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Micfo LLC. Response to Motion due by 8/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - At-Will Offer of Employment)No proposed order.(McTighe Mellen, Mary) |
| Filing 15 TEXT ORDER granting protection from court appearances to Adam Mlynarczyk for 10/8-12/2018. Signed by Honorable David C Norton on 8/7/2018. (eric, ) |
| Filing 14 NOTICE of Request for Protection from Court Appearance by Adam Mlynarczyk for October 8, 2018 to October 12, 2018 (Mlynarczyk, Adam) |
| Filing 13 ACCEPTANCE OF SERVICE OF COMPLAINT by Erinn Larkin. 3rd Party Summons & Complaint Amir Golestan served on 7/25/2018, answer due 8/15/2018. (Mlynarczyk, Adam) (Main Document 13 replaced on 7/25/2018) (jbry, ). Modified on 7/25/2018 to replace document with corrected signature as provided by filing user (jbry, ). |
| Filing 12 Summons Issued as to Amir Golestan. (jbry, ) |
| Filing 11 Local Rule 26.01 Answers to Interrogatories by Victoria Latham.(Brewer, Barrett) |
| Filing 10 Victoria Latham's ANSWER to #1 Complaint of Micfo, LLC, First THIRD PARTY COMPLAINT Victoria Latham against Amir Golestan, First COUNTERCLAIM Victoria Latham against Micfo LLC by Victoria Latham. (Attachments: #1 Summons Third-Party Summons)(Brewer, Barrett) |
| Filing 9 Summons Issued as to Amir Golestan. (jbry, ) |
| Filing 8 Local Rule 26.01 Answers to Interrogatories by Erinn Larkin. Attachment from entry #7 removed and filed separately.(jbry, ) |
| Filing 7 Erinn Larkin's ANSWER to #1 Complaint of Micfo, LLC, First THIRD PARTY COMPLAINT Erinn Larkin against Amir Golestan, First COUNTERCLAIM Erinn Larkin against Micfo LLC by Erinn Larkin. (Attachments: #1 Summons 3rd Party Summons, # 2 LR 26.01 Answers, #3 Certificate of Service)(Mlynarczyk, Adam) Modified on 7/19/2018 to remove attachment #2 and file separately as entry #8 (jbry, ). |
| Filing 6 SUMMONS Returned Executed by Micfo LLC. Victoria Latham served on 6/26/2018, answer due 7/17/2018. (Attachments: #1 Affidavit of Service) Refiled to correct event type.(jbry, ) |
| Filing 5 ACCEPTANCE OF SERVICE OF COMPLAINT by Micfo LLC. Counsel on behalf of Defendant Erinn Larkin served on 6/28/2018, answer due 7/19/2018. (Attachments: #1 Exhibit A- Acceptance of Service)(Abney, Merritt) |
| Filing 3 Summons Issued as to All Defendants. (jbry, ) |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Micfo LLC.(jbry, ) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0420-7836733.), filed by Micfo LLC. Service due by 9/13/2018(jbry, ) |
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