Rethink LLC v. Topsail Acquisition Holdings LLC et al
| Rethink LLC |
| Topsail Acquisition Holdings LLC, Chris Carrigan and Brook Carrigan |
| 2:2024cv01015 |
| February 28, 2024 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 29 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction or a Temporary Restraining Order Response filed by Brook Carrigan, Chris Carrigan, Topsail Acquisition Holdings LLC. (Attachments: #1 Exhibit Declaration of Melinda LeGaye)(Ricard, Rhett) |
| Filing 28 NOTICE OF RESCHEDULED HEARING Motion Hearing ON 6 Motion for Preliminary Injunction or a Temporary Restraining AND 13 Motion to Dismiss and to Compel Arbirtation, or in the alternative, stay proceedings set for 4/25/2024 at 09:00 AM cancelled and rescheduled to: Motion Hearing set for 5/6/2024 10:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. (hcor, ) |
| Filing 27 TEXT ORDER granting in part and denying in part #18 Motion to Dismiss or Alternatively for Extension of Time to File Response, and granting #24 Emergency Motion for Extension of Time for Hearing. ***Specifically, after review, and over Defendants' objection (see ECF No. 26), the Court finds good cause to grant #18 Plaintiff Rethink, LLC's ("Rethink") motion for extension of time to respond to Defendants' motion for injunctive relief, and the Court will consider Plaintiff's response, which was filed on April 12, 2024. (See ECF No. 23.) However, the Court denies #18 Rethink's motion to dismiss on the basis of a purported settlement agreement, as it does not appear that any final settlement agreement was reached. ***Next, the Court grants #24 Rethink's emergency motion to enlarge the time for a hearing and continues the hearing on Defendants' motion for preliminary injunction or a temporary restraining order (ECF No. 6) and Rethink's motion to compel arbitration and dismiss, or in the alternative, to stay proceedings (ECF No. 13), until Monday, May 6, 2024, at 10:00 a.m. IT IS SO ORDERED. Signed by Honorable Bruce Howe Hendricks on 4/18/2024. (nsw) |
| Filing 26 RESPONSE in Opposition re #18 First MOTION for Extension of Time to File Response/Reply to Defendant and Third-Party Plaintiff Motion for Injunctive Relief Response filed by Brook Carrigan, Chris Carrigan, Topsail Acquisition Holdings LLC.Reply to Response to Motion due by 4/24/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ricard, Rhett) |
| Filing 25 REPLY to Response to Motion re #13 MOTION to Dismiss and to Compel Arbitration, or in the alternative, Stay Proceedings, and General Denial/ Answer/ Reply to Counterclaim/ Third-Party Claim Reply Memorandum to Defendants Memorandum in Opposition to Arbitration Response filed by Rethink LLC. (Brewer, Barrett) |
| Filing 24 Emergency MOTION for Extension of Time for Expedite Motion Hearing or Alternative Protection Order from Court Appearance by Rethink LLC. Response to Motion due by 4/29/2024. 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)No proposed order.(Brewer, Barrett) |
| Filing 23 RESPONSE in Opposition re #6 MOTION for Preliminary Injunction or a Temporary Restraining Order Plaintiff and Third-Party Defendant Memorandum in Opposition to Defendants Motion Response filed by Rethink LLC.Reply to Response to Motion due by 4/19/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of Bradley Atkins, #4 Affidavit of Ariel Reyes)(Brewer, Barrett) |
| Filing 22 Plaintiff's Local Rule 26.03 Answers to Interrogatories by Rethink LLC.(Brewer, Barrett) |
| Filing 21 Defendants' Local Rule 26.03 Answers to Interrogatories by Brook Carrigan, Chris Carrigan, Topsail Acquisition Holdings LLC.(Ricard, Rhett) |
| Filing 20 Joint Rule 26(f) Report by Brook Carrigan, Chris Carrigan, Topsail Acquisition Holdings LLC.(Ricard, Rhett) |
| Filing 19 RESPONSE in Opposition re #13 MOTION to Dismiss and to Compel Arbitration, or in the alternative, Stay Proceedings, and General Denial/ Answer/ Reply to Counterclaim/ Third-Party Claim Response filed by Brook Carrigan, Chris Carrigan, Topsail Acquisition Holdings LLC.Reply to Response to Motion due by 4/15/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Ricard, Rhett) |
| Filing 18 First MOTION for Extension of Time to File Response/Reply to Defendant and Third-Party Plaintiff Motion for Injunctive Relief by Rethink LLC. Response to Motion due by 4/17/2024. 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 Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)No proposed order.(Brewer, Barrett) |
| Filing 17 NOTICE OF RESCHEDULED HEARING Motion Hearing set for 4/9/2024 at 10:00 AM cancelled and rescheduled to: Motion Hearing ON #6 Motion for Preliminary Injunction or a Temporary Restraining AND #13 Motion to Dismiss and to Compel Arbirtation, or in the alternative, stay proceedings set for 4/25/2024 at 09:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. (hcor, ) |
| Filing 15 NOTICE OF RESCHEDULED HEARING 4/9/2024 at 11:30 a.m. RESCHEDULED to: Motion Hearing set for 4/9/2024 at 10:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. PLEASE NOTE: SAME DATE- TIME CHANGE ONLY! (vdru, ) |
| Filing 14 TEXT ORDER granting #12 Motion for Extension of Time. Plaintiff Rethink, LLC, and Third-Party Defendant Atkins response to Defendant/Counterclaimant Topsail AcquisitionHoldings, LLC, Chris Carrigan, Individually, and Brook Carrigan Expedited Motion forInjunctive Relief is due by 04/03/2024. Signed by Honorable Bruce Howe Hendricks on 03/26/2024.(hcor, ) |
| Filing 13 MOTION to Dismiss and to Compel Arbitration, or in the alternative, Stay Proceedings, and General Denial/ Answer/ Reply to Counterclaim/ Third-Party Claim by Rethink LLC. Response to Motion due by 4/8/2024. 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 Memo in Support Motion to Dismiss/ Motion to Compel Arbitration/ alternative, Stay Proceedings, #2 Exhibit 1 to Memo in Support Motion to Dismiss/ Motion to Compel Arbitration/ alternative Stay Proceedings)No proposed order.(Brewer, Barrett) |
| Filing 12 Consent MOTION for Extension of Time for Plaintiff and Third-Party Defendant to Respond to Defendant's Motion for Injunctive Relief by Rethink LLC. Response to Motion due by 4/8/2024. 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 10 NOTICE of Hearing on Motion #6 MOTION for Preliminary Injunction or a Temporary Restraining Order : Motion Hearing set for 4/9/2024 11:30 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. (hcor, ) |
| Filing 9 TEXT ORDER granting #7 Motion to Expedite a Hearing and Ruling. Signed by Honorable Bruce Howe Hendricks on 03/14/2024.(hcor, ) |
| Filing 8 Local Rule 26.01 Answers to Interrogatories by Rethink LLC.(Brewer, Barrett) |
| Filing 7 MOTION to Expedite a Hearing and Ruling by Brook Carrigan, Chris Carrigan, Topsail Acquisition Holdings LLC. Response to Motion due by 3/26/2024. 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.(Ricard, Rhett) |
| Filing 6 MOTION for Preliminary Injunction or a Temporary Restraining Order by Brook Carrigan, Chris Carrigan, Topsail Acquisition Holdings LLC. Response to Motion due by 3/26/2024. 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 Memo in Support Memorandum in Support, #2 Exhibit Exhibit to Memorandum in Support - Affidavit of Chris Carrigan, #3 Exhibit Exhibit to Memorandum in Support - E-mail re Termination)No proposed order.(Ricard, Rhett) |
| Filing 5 CONFERENCE AND SCHEDULING ORDER Rule 26(f) Conference Deadline 3/27/2024, 26(a) Initial Disclosures due by 4/10/2024, Rule 26 Report due by 4/10/2024, Motions to Amend Pleadings due by 5/1/2024, Plaintiffs ID of Expert Witness due by 5/31/2024, Defendants ID of Expert Witnesses Due by 7/1/2024, Records Custodian Affidavit due by 7/1/2024, Discovery due by 8/30/2024, Motions due by 9/30/2024, Jury Selection Deadline 12/30/2024, Mediation Due by 8/30/2024. Signed by Honorable Bruce Howe Hendricks on 03/06/2024. (hcor, ) |
| Filing 4 ANSWER to Complaint , COUNTERCLAIM against Rethink LLC, Bradley D. Atkins by Topsail Acquisition Holdings LLC, Chris Carrigan, Brook Carrigan. (Attachments: #1 Exhibit Promissory Note, #2 Exhibit Purchase Agreement, #3 Exhibit Personal Guarantees, #4 Exhibit Management Agreement, #5 Exhibit Notice of Termination, #6 Exhibit Notice of Breach)(Ricard, Rhett) Modified on 3/6/2024 per filer's request to modify filers and applicable parties. (vdru, ). |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Brook Carrigan, Chris Carrigan, Topsail Acquisition Holdings LLC. (gray) |
| Filing 1 NOTICE OF REMOVAL from Charleston Court of Common Pleas, case number 2024CP1000179. (Filing fee $ 405 receipt number ASCDC-11620461), filed by Topsail Acquisition Holdings LLC, Chris Carrigan, Brook Carrigan. (Attachments: #1 Exhibit 1 - State Court Summons and Complaint, #2 Exhibit 2 - Declaration of Chris Carrigan) (gray) |
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