Pitman et al v. Xcentric Ventures, LLC et al,.
| Pitman, John M. Pitman, III and Peninsula Plastic Surgery Center, Ltd, |
| Xcentric Ventures, LLC, Bert Pitman, Edward Magedson, Darren M. Meade, Tracey A. Richter, Anna Richter and Bert Richter |
| 4:2017cv00012 |
| February 10, 2017 |
| U.S. District Court for the Eastern District of Virginia |
| Newport News Office |
| Williamsburg City |
| Arenda L Wright Allen |
| Robert J Krask |
| Douglas E Miller |
| Henry C Morgan |
| Other Contract |
| 28 U.S.C. § 1332 |
| Plaintiff |
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Filing 17
OPINION & ORDER entered and filed 5/22/17: This matter is before the Court on five (5) related Motions to Dismiss Plaintiffs John M. Pitman III's ("John Pitman's") and Peninsula Plastic Surgery Center's ("PPSC's") (collectively, "Plaintiffs') Complaint. Two Motions address personal jurisdiction: Defendants Xcentric Ventures, LLC's ("Xcentric's") and Edward Magedson's ("Magedson's") Motion to Dismiss for Lack of Jurisdiction, Doc. 37 ("Xcentric/Magedson Jurisdiction Motion"); and Defendant Tracey Richter's Motion to Dismiss for Lack of Jurisdiction, No. 4:17cvl2 (hereinafter "Pitman II"), Doc. 10 ("Tracey Richter Jurisdiction Motion"). Three Motions address failure to state a claim: Defendants Xcentric's and Magedson's Motion to Dismiss for Failure to State a Claim, Doc. 39 ("Xcentric/Magedson Claim Motion"); Defendant Tracey Richter's Motion to Dismiss for Failure to State a Claim, Pitman II, Doc. 11 ("Tracey Richter's Claim Motion"); and Defendants Anna Richter and Bert Pitman's Motion to Dismiss for Failure to State a Claim, Doc. 59 ("Anna Richter and Bert Pitman's Claim Motion"). For the reasons stated in this Opinion & Order, the Court ORDERS as follows: The Court CONSTRUES the Xcentric/Magedson Jurisdiction (37) Motion as a Motion under Rule 12(i) for purposes of Defendant Xcentric; The Court DENIES the two jurisdiction Motions: Doc. 37 and Pitman II, Doc. 10. The Court CONSTRUES the Xcentric/Magedson Claim Motion, Doc. 39, as a Motion under Rule 12(c) for purposes of Defendant Xcentric. The Court GRANTS the three Claim Motions: Doc. 39; Pitman II, Doc. 11; and Doc. 59, as a result DISMISSING Plaintiffs' Complaint. The Court also DENIES AS MOOT the remaining Motions in the consolidated docket, Pitman II, Docs. 5, 7, because they were copies of Motions addressed herein. The Court GRANTS Plaintiffs LEAVE TO AMEND within eleven (11) days of the date of the hearing on these Motions, with a deadline of May 22, 2017. Defendants shall file their responses to the Amended Complaint within eleven (11) days of service. (See Opinion & Order and Foot Notes for Specifics) (Signed by District Judge Henry C. Morgan, Jr. on 5/22/17). Copies provided as directed 5/23/17. Associated Cases: 4:16-cv-00179-HCM-DEM, 4:17-cv-00012-HCM-DEM(ecav, )
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Filing 16
ORDER entered and filed 3/2/17: Pursuant to Federal Rule of Civil Procedure 42(a), the Court hereby consolidates the above-captioned cases with Civil Action No. 4:16cvl79 as they involve similar allegations and common questions of law and fact. The Clerk of Court is hereby ORDERED to consolidate case number 4:17cvl2 with Civil Action No. 4:16cvl79 as the lead case for the purpose of all proceedings. (Signed by District Judge Henry C. Morgan, Jr. on 3/2/17). Copies provided as directed 3/3/17.(ecav, )
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| Case Reassigned to District Judge Henry C. Morgan, Jr. District Judge Arenda L. Wright Allen no longer assigned to the case. (afar) |
| Filing 15 Memorandum in Support re #14 MOTION to Dismiss for Failure to State a Claim filed by Bert Pitman, Anna Richter. (Gitcheva, Louise) |
| Filing 14 MOTION to Dismiss for Failure to State a Claim by Bert Pitman, Anna Richter. (Gitcheva, Louise) |
| Filing 13 Memorandum in Support re #10 MOTION to Dismiss for Lack of Jurisdiction , #11 MOTION to Dismiss for Failure to State a Claim , #12 MOTION to Dismiss For Insufficient Service of Process filed by Tracey A. Richter. (Attachments: #1 Affidavit)(Gitcheva, Louise) |
| Filing 12 MOTION to Dismiss For Insufficient Service of Process by Tracey A. Richter. (Gitcheva, Louise) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim by Tracey A. Richter. (Gitcheva, Louise) |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by Tracey A. Richter. (Gitcheva, Louise) |
| Filing 9 NOTICE of Appearance by Louise Tavey Gitcheva on behalf of Bert Pitman, Anna Richter, Tracey A. Richter (Gitcheva, Louise) |
| Filing 8 Memorandum in Support re #7 MOTION to Dismiss for Failure to State a Claim Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim filed by Edward Magedson, Xcentric Ventures, LLC. (Attachments: #1 Proposed Order)(Warrington, David) |
| Filing 7 MOTION to Dismiss for Failure to State a Claim Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Failure to State a Claim by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) |
| Filing 6 Memorandum in Support re #5 MOTION to Dismiss for Lack of Jurisdiction Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction filed by Edward Magedson, Xcentric Ventures, LLC. (Attachments: #1 Proposed Order)(Warrington, David) |
| Filing 5 MOTION to Dismiss for Lack of Jurisdiction Edward Magedson and Xcentric Ventures, LLC's Motion to Dismiss for Lack of Personal Jurisdiction by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) |
| Filing 4 Financial Interest Disclosure Statement (Local Rule 7.1) by Edward Magedson, Xcentric Ventures, LLC. (Warrington, David) |
| Filing 3 NOTICE by Edward Magedson, Xcentric Ventures, LLC (Attachments: #1 Exhibit A)(Warrington, David) |
| Filing 2 Magistrate Judge Notice and Judge's Information to counsel. (epri) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court for Williamsburg/James City County, Virginia, case number CL16001780-00 ( Filing fee $ 400, receipt number 0422-5375582.), filed by Xcentric Ventures, LLC, Edward Magedson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(epri) |
| Notice of Correction re #1 Notice of Removal: A financial disclosure statement was not filed with the party's first appearance as required by Local Rule 7.1. The party is allowed seven (7) days to correct the deficiency and file the financial disclosure statement. Failure to file the financial disclosure statement within this period of time will subject #1 to being stricken from the record. (epri, ) |
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