Georgia Middle District Court
Judge:Leslie Abrams Gardner
Case #: 1:19-cv-00021
Nature of Suit791 Labor - Employee Retirement Income Security Act
Cause29:1104 Recovery of Benefits to Employee
Case Filed:Jan 29, 2019
Last checked: Friday Mar 15, 2019 4:40 AM EDT
Defendant
Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan
Represented By
ROBERT E LESSER
contact info
Defendant
JOHN DOES 1-20
Represented By
Joelle C. Sharman
Lewis Brisbois Bisgaard & Smith LLP
contact info
ROBERT E LESSER
contact info
Defendant
JOHN F HOGUE, JR
Represented By
Joelle C. Sharman
Lewis Brisbois Bisgaard & Smith LLP
contact info
ROBERT E LESSER
contact info
Defendant
TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN
Represented By
Joelle C. Sharman
Lewis Brisbois Bisgaard & Smith LLP
contact info
ROBERT E LESSER
contact info
Defendant
GRAHAM THOMPSON
Represented By
Joelle C. Sharman
Lewis Brisbois Bisgaard & Smith LLP
contact info
ROBERT E LESSER
contact info
Plaintiff
NELSON GAMACHE
Represented By
William Sims Stone
contact info
COLIN M DOWNES
Block & Leviton LLP
contact info
WILLIAM S STONE
contact info
NINA R WASOW
Feinberg Jackson Worthman & Wasow LLP
contact info
R JOSEPH BARTON
Block & Leviton LLP
contact info
DANIEL MARK FEINBERG
Feinberg Jackson Worthman & Wasow LLP
contact info
Plaintiff
EDWARD NOFI
Represented By
William Sims Stone
contact info
COLIN M DOWNES
Block & Leviton LLP
contact info
WILLIAM S STONE
contact info
NINA R WASOW
Feinberg Jackson Worthman & Wasow LLP
contact info
R JOSEPH BARTON
Block & Leviton LLP
contact info
DANIEL MARK FEINBERG
Feinberg Jackson Worthman & Wasow LLP
contact info


Docket last updated: 05/24/2019 11:59 PM EDT
Friday, May 24, 2019
36 36 motion Dismiss for Failure to State a Claim Fri 4:52 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Prejudice by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, Randy Hall, Glenn Kirbo, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON, James Urbach filed by Joelle C. Sharman.(Sharman, Joelle)
Related: [-]
Att: 1 Memorandum in Support of Motion to Dismiss Amended Complaint with Prejudice,
Att: 2 Exhibit 1 - Employee Stock Ownership Plan and Trust,
Att: 3 Exhibit 2 - 2006 Binder for Stock Acquisition,
Att: 4 Exhibit 2 of 2 - Acquisition of 100% of Stock,
Att: 5 Exhibit 3 - 2011 Binder for the Refinance,
Att: 6 Exhibit 3.2 - 2011 Binder for the Refinance,
Att: 7 Exhibit 3.3 - 2011 Binder for the Refinance,
Att: 8 Exhibit 3.4 - 2011 Binder for the Refinance,
Att: 9 Exhibit 3.5 - 2011 Binder for the Refinance,
Att: 10 Exhibit 4 - 2011 Bank Loan,
Att: 11 Exhibit 4.2 - 2011 Bank Loan,
Att: 12 Exhibit 4.3 - 2011 Bank Loan,
Att: 13 Exhibit 5 - 2011 Fairness Opinion,
Att: 14 Exhibit 6 - Form 5500,
Att: 15 Exhibit 7 - Email between Joelle Sharman and Plaintiff's Counsel R. Joseph Barton,
Att: 16 Proposed Order Order Granting Motion to Dismiss Amended Complaint
Wednesday, May 15, 2019
35 35 respoth Response to Court Order Wed 10:55 AM
RESPONSE to Court Order filed by NELSON GAMACHE, EDWARD NOFI re33 Order on Motion for Extension of Time to File Response/Reply,,, Order on Motion for Leave to File Excess Pages,,, Order on Motion to Dismiss for Failure to State a Claim,, (BARTON, R)
Related: [-]
Tuesday, May 14, 2019
34 34 respoth Response to Court Order Tue 3:26 PM
RESPONSE to Court Order filed by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, Randy Hall, Glenn Kirbo, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON, James Urbach re33 Order on Motion for Extension of Time to File Response/Reply,,, Order on Motion for Leave to File Excess Pages,,, Order on Motion to Dismiss for Failure to State a Claim,, (Sharman, Joelle)
Related: [-]
Wednesday, May 08, 2019
33 33 3 pgs order Order on Motion for Extension of Time to File Response/Reply Order on Motion for Leave to File Excess Pages Order on Motion to Dismiss for Failure to State a Claim Wed 3:58 PM
ORDER granting32 Motion for Extension of Time to File ; granting32 Motion for Leave to File Excess Pages; denying as moot22 Motion to Dismiss for Failure to State a Claim. Defendants' Motion to Dismiss the Amended Complaint must be filed no later than 5/27/2019. The deadline for the Parties to submit their proposed Scheduling and Discovery Order is now Monday, May 20, 2019. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 5/8/2019 (bcl)
Related: [-]
Monday, April 29, 2019
32 32 motion Extension of Time to File Response/Reply File Excess Pages Mon 1:28 PM
CONSENT MOTION for Extension of Time to File RESPONSE as to22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION for Leave to File Excess Pages for Brief Response to Defendants' Anticipated Motion to Dismiss Amended Complaint and to Stay Discovery Pending Resolution of Motion to Dismiss and Memo of Law by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, Randy Hall, Glenn Kirbo, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON, James Urbach filed by Joelle C. Sharman.(Sharman, Joelle)
Related: [-]
Att: 1 Proposed Order Order Granting Consent Motion to Extend and Exceed Page Limit
Friday, April 26, 2019
notice Notice of Deficiency Fri 9:51 AM
Notice of Deficiency Related [+]
Related: [-] 31 Letter regarding L.R. 6.2 - Request Clerk of Court 14 day Extension of Time for Defendants to file Response to Amended Complaint - Other: Extension cannot be granted under Local Rule 6.2. Per Local Rule 6.1, any extensions of time within which to answer the complaint or an amended complaint by affirmative defenses or other defensive pleadings may be done by written, filed stipulations of counsel, not to exceed more than thirty (30) days from the original answer deadline without approval of the court. Only one such stipulation may be filed per complaint or amended complaint. If a party is unable to obtain a stipulation or if more than thirty (30) days is needed, the party should seek an extension by motion to the court pursuant to Rule 6(b) of the Federal Rules of Civil Procedure. (mdm
Thursday, April 25, 2019
31 31 misc Letter Thu 9:19 AM
Letter regarding L.R. 6.2 - Request Clerk of Court 14 day Extension of Time for Defendants to file Response to Amended Complaint (Sharman, Joelle)
Related: [-]
Friday, April 19, 2019
30 30 cmp Amended Complaint/Petition Fri 6:08 PM
AMENDED1 Complaint, against Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN F HOGUE, JR, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON, James Urbach, Glenn Kirbo, Randy Hall by NELSON GAMACHE, EDWARD NOFI (WASOW, NINA)
Related: [-]
29 29 3 pgs order Order on Motion for Discovery Order on Motion for Extension of Time to Complete Discovery Order on Motion for Extension of Time to File Response/Reply Order on Motion to Stay Fri 11:25 AM
ORDER granting26 Motion for Discovery; granting27 Motion for Extension of Time to Complete Discovery; granting27 Motion for Extension of Time to File REPLY TO RESPONSE re22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM ; granting27 Motion to Stay Discovery. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 04/18/2019. (mdm)
Related: [-]
Wednesday, April 17, 2019
28 28 6 pgs order Order - Rules 16/26 Wed 11:07 AM
RULES 16/26 ORDER :Proposed Scheduling/Discovery order due by 5/17/2019. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 4/17/2019.(far)
Related: [-]
Att: 1 Required Form
Monday, April 15, 2019
27 27 motion Extension of Time to Complete Discovery Extension of Time to File Response/Reply Stay Mon 12:44 PM
UNOPPOSED MOTION for Extension of Time to Complete Discovery(, ), MOTION for Extension of Time to File RESPONSE as to22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Stay other discovery pending resolution of Motion to Dismiss (, ) by NELSON GAMACHE, EDWARD NOFI filed by NINA R WASOW.(WASOW, NINA)
Related: [-]
Att: 1 Memorandum in Support of Motion for Jurisdictional Discovery,
Att: 2 Proposed Order Granting Motion for Jurisdictional Discovery
notice Notice of Deficiency Mon 9:32 AM
Notice of Deficiency Related [+] Other - Motion needs to be refiled using event (1) Motion for Extension of Time to Complete Discovery; (2) Motion for Extension of Time Response/Reply; and (3) Motion to Stay. (mdm)
Related: [-] 26 Motion for Discovery, filed by EDWARD NOFI, NELSON GAMACHE
Friday, April 12, 2019
26 26 motion Discovery Fri 5:29 PM
UNOPPOSED MOTION for Discovery by NELSON GAMACHE, EDWARD NOFI filed by NINA R WASOW.(WASOW, NINA)
Related: [-]
Att: 1 Memorandum in Support of Plaintiffs' Motion for Jurisdictional Discovery,
Att: 2 Proposed Order Granting Plaintiffs' Motion for Jurisdictional Discovery
notice Notice of Clerk's Granting of Extension Fri 11:59 AM
Notice of Clerk's Granting of Extension Pursuant to Local Rule 6.2 re:22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JOHN DOES 1-20, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, JOHN F HOGUE, JR, Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, GRAHAM THOMPSON. (mdm)
Related: [-]
Thursday, April 11, 2019
25 25 misc Letter Thu 2:24 PM
Letter regarding L.R. 6.2 Request to Clerk of Court re22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (DOWNES, COLIN)
Related: [-]
24 24 misc Corporate Disclosure Statement Thu 9:28 AM
Corporate Disclosure Statement by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON (Sharman, Joelle)
Related: [-]
Wednesday, April 10, 2019
notice Notice of Deficiency Wed 3:35 PM
Notice of Deficiency: Pursuant to Local Rule 87.1, all nongovernmental corporate parties must file a Corporate Disclosure Statement. TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN and Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, should file the required corporate disclosures immediately. (mdm)
Related: [-]
Friday, March 29, 2019
23 23 2 pgs order Order on Motion for Miscellaneous Relief Fri 5:31 PM
ORDER granting19 MOTION to Exceed the Page Limitation. Defendants page limit for a motion to dismiss is hereby extended to twenty-five (25) pages. Furthermore, Plaintiffs page limit for their response to Defendants Motion to Dismiss is likewise extended by five pages to twenty-five (25) pages. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 03/29/2019. (mdm)
Related: [-]
22 22 motion Dismiss for Failure to State a Claim Fri 4:07 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON filed by Joelle C. Sharman.(Sharman, Joelle)
Related: [-]
Att: 1 Memorandum in Support of Motion to Dismiss with Prejudice Plaintiffs' Class Action Complaint,
Att: 2 Exhibit 1 - 2006 Board of Directors Resolution,
Att: 3 Exhibit 2 - 2006 Employee Stock Ownership Plan,
Att: 4 Exhibit 3 - 2006 Employee Stock Ownership Trust,
Att: 5 Exhibit 4 - 2006 Stock Incentive Plan,
Att: 6 Exhibit 5 - 2006 Stock Purchase Agreement,
Att: 7 Exhibit 6 - 2006 Promissory Notes - Four,
Att: 8 Exhibit 7 - 2011 Resolution of the Board of Directors,
Att: 9 Exhibit 8 - 2011 Bank Loan,
Att: 10 Exhibit 9 - 2011 Warrant Subscription Agreement,
Att: 11 Exhibit 10 - 2006 Amendment to Stock Incentive Plan,
Att: 12 Exhibit 11 - 2013 Amended Employee Stock Ownership Plan,
Att: 13 Proposed Order Granting Motion to Dismiss with Prejudice Plaintiffs' Class Action Complaint
Thursday, March 21, 2019
21 21 service Waiver of Service Executed Thu 3:54 PM
WAIVER OF SERVICE Returned Executed by NELSON GAMACHE, EDWARD NOFI. as to TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN (BARTON, R)
Related: [-]
Tuesday, March 19, 2019
20 20 misc Attorney Admission Fee Met Tue 4:17 PM
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by COLIN M DOWNES (nop)
Related: [-]
19 19 motion Miscellaneous Relief Tue 3:30 PM
MOTION to Exceed the Page Limitation Under Local Rule 7.4 as to their Motion to Dismiss by Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan, JOHN DOES 1-20, JOHN F HOGUE, JR, TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN, GRAHAM THOMPSON filed by Joelle C. Sharman.(Sharman, Joelle)
Related: [-]
Att: 1 Proposed Order Proposed Order Granting Defendants' Motion to Exceed Page Limitation
Monday, March 04, 2019
18 18 notice Notice of Attorney Appearance Mon 3:51 PM
NOTICE of Attorney Appearance by ROBERT E LESSER on behalf of All Defendants Attorney ROBERT E LESSER added to party Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan(pty:dft), Attorney ROBERT E LESSER added to party JOHN DOES 1-20(pty:dft), Attorney ROBERT E LESSER added to party JOHN F HOGUE, JR(pty:dft), Attorney ROBERT E LESSER added to party TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN(pty:dft), Attorney ROBERT E LESSER added to party GRAHAM THOMPSON(pty:dft) (LESSER, ROBERT)
Related: [-]
Thursday, February 28, 2019
17 17 service Waiver of Service Executed Thu 2:49 PM
WAIVER OF SERVICE Returned Executed by NELSON GAMACHE, EDWARD NOFI. as to JOHN F HOGUE, JR (BARTON, R)
Related: [-]
16 16 service Waiver of Service Executed Thu 2:48 PM
WAIVER OF SERVICE Returned Executed by NELSON GAMACHE, EDWARD NOFI. as to GRAHAM THOMPSON (BARTON, R)
Related: [-]
15 15 service Waiver of Service Executed Thu 2:47 PM
WAIVER OF SERVICE Returned Executed by NELSON GAMACHE, EDWARD NOFI. as to Administrative Committee of the Technical Associates of Georgia, Inc. Employee Stock Ownership Plan (BARTON, R)
Related: [-]
notice Notice to Attorney Re: Admissions Requirement Thu 9:36 AM
SECOND NOTICE TO COUNSEL COLIN M DOWNES - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (nop)
Related: [-]
Tuesday, February 26, 2019
14 14 service Waiver of Service Executed Tue 2:23 PM
WAIVER OF SERVICE Returned Executed by All Defendants. as to TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN (Sharman, Joelle)
Related: [-]
13 13 service Waiver of Service Executed Tue 2:21 PM
WAIVER OF SERVICE Returned Executed by All Defendants. as to JOHN F HOGUE, JR (Sharman, Joelle)
Related: [-]
12 12 service Waiver of Service Executed Tue 2:20 PM
WAIVER OF SERVICE Returned Executed by All Defendants. as to GRAHAM THOMPSON (Sharman, Joelle)
Related: [-]
11 11 notice Notice of Attorney Appearance Tue 2:18 PM
NOTICE of Attorney Appearance by Joelle C. Sharman on behalf of All Defendants Attorney Joelle C. Sharman added to party JOHN DOES 1-20(pty:dft), Attorney Joelle C. Sharman added to party JOHN F HOGUE, JR(pty:dft), Attorney Joelle C. Sharman added to party TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN(pty:dft), Attorney Joelle C. Sharman added to party GRAHAM THOMPSON(pty:dft) (Sharman, Joelle)
Related: [-]
Thursday, February 21, 2019
10 10 misc Attorney Admission Fee Met Thu 12:33 PM
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by R JOSEPH BARTON (nop)
Related: [-]
Tuesday, February 19, 2019
9 9 2 pgs order Order on Motion for Extension of Time (Misc) Tue 3:57 PM
ORDER granting6 Motion for Extension of Time to comply with L.R. 83.1.2. Ordered by US DISTRICT JUDGE LESLIE ABRAMS GARDNER on 02/19/2019. (mdm)
Related: [-]
Wednesday, February 13, 2019
8 8 misc Attorney Admission Fee Met Wed 12:50 PM
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by DANIEL MARK FEINBERG (nop)
Related: [-]
7 7 misc Attorney Admission Fee Met Wed 9:08 AM
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by NINA R WASOW (nop)
Related: [-]
Monday, February 11, 2019
6 6 motion Extension of Time (Misc) Mon 5:01 PM
MOTION for Extension of Time to File to comply with L.R. 83.1.2. by NELSON GAMACHE, EDWARD NOFI filed by WILLIAM S STONE.(STONE, WILLIAM)
Related: [-]
Att: 1 Exhibit 2019-02-11 EX 1 Downes Declaration
Wednesday, January 30, 2019
5 5 misc Consent Form (28 USC 636) Sent Wed 10:27 AM
Consent Form (28 USC 636(c)(1)) sent to NELSON GAMACHE, EDWARD NOFI. (mdm)
Related: [-]
4 4 service Summons Issued Wed 10:24 AM
Summons Issued as to TECHNICAL ASSOCIATES OF GEORGIA INC EMPLOYEE STOCK OWNERSHIP PLAN. (mdm)
Related: [-]
3 3 service Summons Issued Wed 10:23 AM
Summons Issued as to GRAHAM THOMPSON. (mdm)
Related: [-]
2 2 service Summons Issued Wed 10:21 AM
Summons Issued as to JOHN F HOGUE, JR. (mdm)
Related: [-]
notice Notice to Attorney Re: Admissions Requirement Wed 9:54 AM
NOTICE TO COUNSEL R JOSEPH BARTON, COLIN M DOWNES, DANIEL FEINBERG, NINA WASOW - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. (mdm)
Related: [-]
Tuesday, January 29, 2019
1 1 misc Complaint Tue 5:14 PM
COMPLAINT against All Defendants Fee paid: Receipt # 113G-3073922, $400 filed by All Plaintiffs(Stone, William)
Related: [-]
Att: 1 Civil Cover Sheet Civil Cover Sheet,
Att: 2 Summons Summons-Hogue,
Att: 3 Summons Summons-Thompson,
Att: 4 Summons Summons-Technical Associates of Georgia