KM Organic Fund, Inc. et al v. Smithson
Plaintiff: KM Organic Fund, Inc. and Cammarata Management, Inc.
Defendant: William Kyle Smithson
Case Number: 3:2020cv01016
Filed: November 23, 2020
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Alistair Newbern
Referring Judge: Eli J Richardson
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 7, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 7, 2020 Opinion or Order Filing 15 ORDER DISMISSING CASE: For the reasons stated in the accompanying Memorandum Opinion, Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. #2 ) is DENIED, and this action is DISMISSED for lack of subject-matter jurisdiction. Signed by District Judge Eli J. Richardson on 12/07/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
December 7, 2020 Filing 14 MEMORANDUM OPINION OF THE COURT. Signed by District Judge Eli J. Richardson on 12/07/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
December 7, 2020 TN State Bar status verified as active for Russell Nixon and Brock East not admitted to this court. (ln)
December 7, 2020 NOTICE TO COUNSEL Russell Nixon and Brock East: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 12/28/2020. (ln)
December 4, 2020 Filing 13 BRIEF filed by William Kyle Smithson re #12 Order. (East, David)
December 1, 2020 Opinion or Order Filing 12 ORDER: Pending before the Court is Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. #2 ). Plaintiffs have filed a Supplemental Brief in Support of Jurisdiction (Doc. No. #11 ), in response to the Court's Order (Doc. No. #9 ). Defendant shall file a response to Plaintiffs' Motion and Plaintiffs' Supplemental Brief by December 4, 2020. Plaintiffs' counsel shall serve a copy of this Order on counsel for Defendant by electronic means by the end of the day today, December 1, 2020. Signed by District Judge Eli J. Richardson on 12/01/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
November 30, 2020 Filing 11 RESPONSE in Support re #2 MOTION for Temporary Restraining Order Supplemental Brief in Support of the Court's Jurisdiction filed by Cammarata Management, Inc., KM Organic Fund, Inc.. (Attachments: #1 Exhibit A - Plaintiffs' Counsel's Email to Defendant's Counsel)(Thorsen, Christopher)
November 30, 2020 Opinion or Order Filing 10 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 11/30/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
November 25, 2020 Opinion or Order Filing 9 ORDER: Pending before the Court is Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. No. #2 ). In order to fully address Plaintiffs' Motion, the Court requires further briefing on whether this Court has jurisdiction to hear Plaintiffs' claim, given that Plaintiffs have not brought in this case any substantive cause of action. Plaintiffs shall file further briefing on these issues by noon on Monday, November 30, 2020. Plaintiffs' counsel shall also serve a copy of this Order on Defendant's counsel by electronic means, and Defendant's counsel may also file briefing on the pending motion and this Court's questions by noon on November 30th. Signed by District Judge Eli J. Richardson on 11/25/2020. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ln)
November 25, 2020 Filing 8 Summons issued as to William Kyle Smithson. Service copy will be returned to counsel (Christopher Thorsen) by regular mail. (ln)
November 25, 2020 Filing 7 NOTICE of Initial Case Management Conference set for 1/26/2021 at 10:30 AM in Courtroom 774 before Magistrate Judge Alistair Newbern. (ln)
November 25, 2020 Filing 6 NOTICE of Business Entity Disclosure Statement filing requirement. (ln)
November 25, 2020 Filing 5 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (ln)
November 25, 2020 TN State Bar status verified as active for Christopher E. Thorsen and Charles C. McLaurin admitted to this court. (ln)
November 23, 2020 Filing 4 MOTION for Limited Expedited Discovery and Supporting Memorandum of Law filed by Cammarata Management, Inc. and KM Organic Fund, Inc. (Attachments: #1 Exhibit A - Discovery requests).(ln)
November 23, 2020 Filing 3 MEMORANDUM in Support of #2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Cammarata Management, Inc. and KM Organic Fund, Inc. (Attachments: #1 Exhibit 1 - Decl of Joyner, #2 Exhibit 2 - Resp to Mo for Decl Jdgmt, #3 Exhibit 3 - Reply, #4 Exhibit 4 - Ver'd Comp, #5 Exhibit 5 - TRO, #6 Exhibit 6 - Non-Disclosure Agmt, #7 Exhibit 7 - Answer).(ln)
November 23, 2020 Filing 2 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Cammarata Management, Inc. and KM Organic Fund, Inc. (Attachments: #1 Exhibit 1 - Proposed Order for TRO)(ln)
November 23, 2020 Filing 1 COMPLAINT against William Kyle Smithson (Filing fee $400, Receipt number 0650-3262782) filed by KM Organic Fund, Inc. and Cammarata Management, Inc. (Attachments: #1 Exhibit 1 - Joyner Decl, #2 Exhibit 2 - Resp to Mo for Decl Jdgmt, #3 Exhibit 3 - Reply to Resp of Temp Conservator, #4 Exhibit 4 - Ver'd Comp and Pet for Inj Relief, #5 Exhibit 5 - TRO, #6 Attachment 1 - Civil Cover Sheet).(ln)

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Plaintiff: KM Organic Fund, Inc.
Represented By: Christopher E. Thorsen
Represented By: Charles C. McLaurin
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Plaintiff: Cammarata Management, Inc.
Represented By: Christopher E. Thorsen
Represented By: Charles C. McLaurin
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Defendant: William Kyle Smithson
Represented By: Brock East
Represented By: Russell Nixon
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