Acrisure, LLC v. Kelly et al
| Michigan Western District Court | |
| Judge: | Jane M Beckering |
| Referred: | Phillip J Green |
| Case #: | 1:24-cv-00318 |
| Nature of Suit | 150 Contract - Recovery of Overpayment & Enforcement of Judgment |
| Cause | 28:1442 Petition for Removal- Breach of Contract |
| Case Filed: | Mar 27, 2024 |
| Case in other court: | 17th Judicial Circuit Court for Kent County, 24-02866-CB |
| Last checked: Wednesday Mar 27, 2024 2:08 PM EDT |
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defendant
Christopher Iovino
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Represented By
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defendant
Matthew Kelly
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Represented By
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defendant
Robert Kempner
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Represented By
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defendant
Michael Rella
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Represented By
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defendant
Robert Trager
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Represented By
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defendant
Eric Wagner
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Represented By
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plaintiff
Acrisure, LLC
100 Ottawa Ave SW
Grand Rapids, MI 49503 |
Represented By
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| Docket last updated: 04/26/2024 11:59 PM EDT |
| Friday, April 26, 2024 | ||
| 36 | 36
3
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respm
Certificate Regarding Motion Concurrence
Fri 04/26 7:44 PM
CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to expedite 34 , MOTION to strike 32 , UNOPPOSED MOTION to SEAL Documents 27 , PROPOSED SEALED MOTION by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner 29 filed by Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Barnett, Daniel) |
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respm
Brief in Support of a Motion
Fri 04/26 7:43 PM
BRIEF in support of MOTION to expedite 34 filed by Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Barnett, Daniel) |
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Att: 1
Exhibit 1
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motion
Expedite
Fri 04/26 7:43 PM
MOTION to expedite by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner; (Barnett, Daniel) |
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respm
Brief in Support of a Motion
Fri 04/26 7:41 PM
BRIEF in support of MOTION to strike 32 filed by Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Barnett, Daniel) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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motion
Strike
Fri 04/26 7:39 PM
MOTION to strike by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner; (Barnett, Daniel) |
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| 31 | 31
misc
Sealed Document
Fri 04/26 7:38 PM
PROPOSED SEALED EXHIBIT 1 by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner re PROPOSED SEALED MOTION by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner 29 (Barnett, Daniel) |
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| 30 | 30
misc
Sealed Document
Fri 04/26 7:34 PM
PROPOSED SEALED DOCUMENT Brief in Support of Motion by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner re PROPOSED SEALED MOTION by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner 29 (Barnett, Daniel) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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motion
Sealed Motion
Fri 04/26 7:32 PM
PROPOSED SEALED MOTION by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Barnett, Daniel) |
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| 28 | 28
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respm
Brief in Support of a Motion
Fri 04/26 7:29 PM
BRIEF in support of UNOPPOSED MOTION to SEAL Documents 27 filed by Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Barnett, Daniel) |
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| 27 | 27
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motion
Seal
Fri 04/26 7:28 PM
UNOPPOSED MOTION to SEAL Documents by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner; (Barnett, Daniel) |
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| 26 | 26
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order
Order on Motion to Clarify
Fri 04/26 4:59 PM
ORDER granting to an extent motion to clarify21 ; setting forth briefing schedule and deadlines for the Preliminary Injunction Hearing; signed by District Judge Jane M. Beckering (lep) |
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respm
Response to Motion
Fri 04/26 4:17 PM
RESPONSE TO MOTION to clarify Procedures for the May 2, 2024 Preliminary Injunction Proceedings 21 filed by Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Gutierrez, Michael) |
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order
Order Regarding Response to Motion
Fri 04/26 2:43 PM
ORDER: Defendants' response, if any, to motion21 due not later than 4:30 p.m. today; signed by District Judge Jane M. Beckering (rmw) |
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respm
Certificate Regarding Motion Concurrence
Fri 04/26 2:02 PM
CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to clarify Procedures for the May 2, 2024 Preliminary Injunction Proceedings 21 filed by Acrisure, LLC (Bardelli, Edward) |
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respm
Brief in Support of a Motion
Fri 04/26 2:01 PM
BRIEF in support of EMERGENCY MOTION to clarify Procedures for the May 2, 2024 Preliminary Injunction Proceedings 21 filed by Acrisure, LLC (Bardelli, Edward) Modified text on 4/26/2024 (mlc) |
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| 21 | 21
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motion
Clarify
Fri 04/26 2:00 PM
EMERGENCY MOTION to clarify Procedures for the May 2, 2024 Preliminary Injunction Proceedings by plaintiff Acrisure, LLC, counter-defendant Acrisure, LLC; (Bardelli, Edward) Modified text on 4/26/2024 (mlc) |
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| Wednesday, April 24, 2024 | ||
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order
Order on Motion to Seal
Wed 04/24 8:55 AM
ORDER granting to an extent unopposed motion for leave to seal17 ; the Clerk of Court is directed to restrict access to the reply18 ; signed by District Judge Jane M. Beckering (rmw) |
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| Monday, April 22, 2024 | ||
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respm
Reply to Response to Motion
Mon 04/22 5:29 PM
REPLY to response to filed by Acrisure, LLC (Bardelli, Edward) |
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Att: 1
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Att: 15
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Exhibit 15
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respm
Sealed Reply to Response to Motion
Mon 04/22 4:57 PM
PROPOSED SEALED REPLY by plaintiff Acrisure, LLC, counter-defendant Acrisure, LLC to response to UNOPPOSED MOTION to SEAL Documents 17 (Bardelli, Edward) |
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Att: 1
Exhibit 1,
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Exhibit 2,
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Exhibit 7,
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Exhibit 8,
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Exhibit 9,
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Exhibit 11,
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Exhibit 12,
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Att: 15
Exhibit 15
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motion
Seal
Mon 04/22 4:51 PM
UNOPPOSED MOTION for leave to file documents under Seal by plaintiff Acrisure, LLC, counter-defendant Acrisure, LLC; (Bardelli, Edward) Modified text on 4/23/2024 (mlc) |
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| Friday, April 19, 2024 | ||
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cmp
Counterclaim
Fri 04/19 5:31 PM
COUNTERCLAIM against Acrisure, LLC filed by Eric Wagner, Robert Trager, Robert Kempner, Christopher Iovino, Matthew Kelly, Michael Rella (Gutierrez, Michael) |
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Att: 1
33 pgs
Exhibit 1,
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Att: 2
23 pgs
Exhibit 2
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answer
Answer to Complaint
Fri 04/19 5:27 PM
ANSWER to complaint with affirmative defenses by Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Gutierrez, Michael) Modified text on 4/22/2024 (mlc) |
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| Wednesday, April 17, 2024 | ||
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notice
Notice (Other)
Wed 04/17 12:41 PM
NOTICE of Plaintiff's Diversity Disclosure Statement by plaintiff Acrisure, LLC (Clark, Christopher) |
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| Monday, April 15, 2024 | ||
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respm
Response in Opposition
Mon 04/15 5:09 PM
RESPONSE in opposition to MOTION for temporary restraining order as taken from 1 filed by Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Gutierrez, Michael) |
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Att: 1
5 pgs
Exhibit 1,
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Att: 2
23 pgs
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Att: 3
24 pgs
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Att: 4
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Att: 5
26 pgs
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Att: 6
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Exhibit 6,
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Att: 7
24 pgs
Exhibit 7,
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Att: 8
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Exhibit 8,
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Att: 9
9 pgs
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Att: 10
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Att: 11
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Att: 12
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Att: 13
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Att: 14
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Att: 15
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Att: 16
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Exhibit 16,
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Att: 17
6 pgs
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Att: 18
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Att: 19
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Att: 20
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Att: 21
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Exhibit 21,
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Att: 22
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Exhibit 22,
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Att: 23
10 pgs
Exhibit 23,
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Att: 24
4 pgs
Exhibit 24
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order
Order for Corporate Disclosure Statement
Mon 04/15 8:51 AM
(DISREGARD) ORDER that Plaintiff file a corporate disclosure statement within 7 days; signed by District Judge Jane M. Beckering (rmw) Modified text on 4/16/2024 per chambers(slk). |
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order
Order on Stipulation and Proposed Order
Mon 04/15 8:47 AM
ORDER granting STIPULATION10 ; Defendants' answer or responsive pleading, and any counterclaims, due 4/19/2024; signed by District Judge Jane M. Beckering (rmw) |
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| Friday, April 12, 2024 | ||
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motion
Stipulation and Order (Proposed-one document)
Fri 04/12 3:50 PM
PROPOSED STIPULATION and ORDER by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Barnett, Daniel) |
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| Friday, March 29, 2024 | ||
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order
Notice Rescheduling Hearing
Fri 03/29 10:39 AM
NOTICE rescheduling hearing that was previously set for April 9, 2024 at 11:00 AM; hearing regarding temporary restraining order set for 5/2/2024 at 01:30 PM at 601 Federal Building, Grand Rapids, MI before District Judge Jane M. Beckering; (lep) |
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order
Order on Stipulation and Proposed Order
Fri 03/29 10:34 AM
ORDER regarding STIPULATION7 modifying the temporary restraining order; setting briefing schedule on the request for a temporary restraining order; a notice rescheduling the hearing will issue; signed by District Judge Jane M. Beckering (lep) |
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notice
Attorney Appearance
Fri 03/29 4:47 PM
(NON-DOCUMENT) ATTORNEY APPEARANCE of James Carroll on behalf of plaintiff Acrisure, LLC (Carroll, James) |
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notice
Attorney Appearance
Fri 03/29 4:49 PM
(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher G. Clark on behalf of plaintiff Acrisure, LLC (Clark, Christopher) |
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| Thursday, March 28, 2024 | ||
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motion
Stipulation and Proposed Order (separate documents)
Thu 03/28 4:06 PM
STIPULATION and PROPOSED ORDER modiyfying temporary restraining order by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Gutierrez, Michael) Modified text on 3/29/2024 (mlc) |
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Att: 1
Exhibit 1 March 25, 2024 Temporary Restraining Order,
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Att: 2
8 pgs
Exhibit 2 Proposed Order Modifying Temporary Restraining Order
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notice
Corporate Disclosure Statement
Thu 03/28 2:57 PM
CORPORATE DISCLOSURE STATEMENT by Acrisure, LLC identifying Corporate Parent Acrisure Intermediate, Inc. and Corporate Parent Acrisure Holdings, Inc. for Acrisure, LLC (Bardelli, Edward) Modified text on 3/29/2024 (mlc) |
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order
Order for Corporate Disclosure Statement
Thu 03/28 9:39 AM
ORDER that Plaintiff file a corporate disclosure statement within 7 days; signed by District Judge Jane M. Beckering (rmw) |
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| 4 | 4
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order
Order Setting Evidentiary Hearing
Thu 03/28 9:31 AM
ORDER: extending the temporary restraining order; setting briefing schedule on the request for a temporary restraining order; setting hearing for 4/9/2024 at 11:00 AM at 601 Federal Building, Grand Rapids, MI before District Judge Jane M. Beckering; signed by District Judge Jane M. Beckering (lep) |
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| Wednesday, March 27, 2024 | ||
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misc
Notice Regarding Assignment of Case
Wed 03/27 1:50 PM
NOTICE that this case has been assigned to Jane M. Beckering ; with NOTICE OF DEFICIENCY re filing fee (mlc) |
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service
Certificate of Service
Wed 03/27 12:21 PM
CERTIFICATE OF SERVICE by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Michael Trager, Eric Wagner re Notice of Removal1 (Barnett, Daniel) |
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| 1 | 1
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cmp
Notice of Removal
Wed 03/27 11:55 AM
NOTICE OF REMOVAL from Kent County Circuit Court case number 24-02866 CB with Exhibits 1 - 6 and Index of Exhibits (Exhibit 1; Summons and Complaint with Exhibits, Exhibit 2; Register of Actions, Exhibit 3; Temporary Restraining Order, Exhibit 4; Order Extending the Temporary Restraining Order, Exhibit 5; California Notice of Removal, Exhibit 6; Notice to Kent County Circuit Court) filed by Matthew Kelly, Christopher Iovino, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Barnett, Daniel) Modified text on 3/27/2024 (mlc) Modified text on 3/28/2024 (mlc) |
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Att: 1
2 pgs
Civil Cover Sheet
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notice
Attorney Appearance
Wed 03/27 1:38 PM
(NON-DOCUMENT) ATTORNEY APPEARANCE of Edward J. Bardelli on behalf of plaintiff Acrisure, LLC (Bardelli, Edward) |
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motion
Temporary Restraining Order
Wed 03/27 1:55 PM
MOTION for temporary restraining order as taken from 1 (mlc) |
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misc
Filing Fee (Civil Case) - Credit Card Payment
Wed 03/27 1:57 PM
FILING FEE PAID re1 by defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner in the amount of $405, receipt number AMIWDC-7331664 [Attorney Michael L. Gutierrez added to party Christopher Iovino(pty:dft), Attorney Michael L. Gutierrez added to party Matthew Kelly(pty:dft), Attorney Michael L. Gutierrez added to party Robert Kempner(pty:dft), Attorney Michael L. Gutierrez added to party Michael Rella (pty:dft), Attorney Michael L. Gutierrez added to party Robert Trager(pty:dft), Attorney Michael L. Gutierrez added to party Eric Wagner(pty:dft)] (Gutierrez, Michael) |
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notice
Attorney Appearance
Wed 03/27 2:09 PM
(NON-DOCUMENT) ATTORNEY APPEARANCE of Jarrod Howard Trombley on behalf of plaintiff Acrisure, LLC (Trombley, Jarrod) |
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| MOTION for temporary restraining order and preliminary injunction as taken from 1 (mlc) Modified text on 3/28/2024 (mlc) | ||
| FILING FEE PAID re1 by defendants in the amount of $405, receipt number AMIWDC-7331664; Attorney Michael L. Gutierrez added to defendants Christopher Iovino, Matthew Kelly, Robert Kempner, Michael Rella, Robert Trager, Eric Wagner (Gutierrez, Michael) Modified text on 3/28/2024 (mlc) | ||