ARCHWAY INSURANCE SERVICES, LLC et al v. HARRIS et al

Filing 44

ORDER THAT THE CLAIMS IN THE COMPLAINT AGAINST ("THE HARRIS DEFENDANTS")(COUNTS I AND II) ARE SEVERED FROM THE CLAIMS IN THE COMPLAINT AGAINST ("THE BANK DEFENDANTS")(COUNTS IV, V, VI AND VII). ALL CLAIMS AGAINST THE HARRIS DEFEND ANTS (COUNTS I AND II) ARE TRANSFERRED TO THE DISTRICT OF NEVADA; ALL CLAIMS AGAINST THE BANK DEFENDANTS (COUNTS IV, V, VI AND VII) ARE TRANSFERRED TO THE DISTRICT OF KANSAS. THE BANKS' MOTION TO DISMISS OR TRANSFER (DOC. NO. 19), IS GRANTED. KE LLY DROUILLARD'S MOTION TO DISMISS OR TRANSFER (DOC. NO. 21), IS GRANTED. QUIVIRA CAPITAL, LLC'S MOTION TO DISMISS (DOC. NO. 23), IS GRANTED. DEFENDANTS JAMES HARRIS AND GREGORY HARRIS' MOTION TO DISMISS, OR ALTERNATIVELY, TO SEVER AND TRANSFER (DOC. NO. 29), IS GRANTED. DEFENDANT HARRIS CONSULTIONG SERVICES, INC.'S MOTION TO DISMISS, OR ALTERNATIVELY, TO SEVER AND TRANSFER (DOC. NO. 31), IS GRANTED. THE CLERK OF THE COURT SHALL MARK THE CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAN E. DUBOIS ON 6/15/2011. 6/16/2011 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
ARCHWAY INSURANCE SERVICES,
LLC; UNION ONE INSURANCE
GROUP, LLC; NEVADA INVESTMENT
PARTNERS, LLC; and TRINITY
CAPITAL MANAGEMENT GROUP,
LLC,
Plaintiffs,
v.
JAMES HARRIS; GREGORY HARRIS;
HARRIS CONSULTING SERVICES,
INC.; BANK OF COMMERCE AND
TRUST; GARDEN CITY STATE BANK;
PEABODY STATE BANK; KENDELL
STATE BANK; FIRST UNITED BANK
AND TRUST; KELLY DROUILLARD;
and QUIVIRA CAPITAL, LLC,
Defendants.
_____________________________________

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CIVIL ACTION

NO. 10-5867

ORDER
AND NOW, this 15th day of June 2011, upon consideration of The Banks’ Motion to
Dismiss or Transfer (Document No. 19, filed January 7, 2011), Kelly Drouillard’s Motion to
Dismiss or Transfer (Document No. 21, filed January 7, 2011), Quivira Capital, LLC’s Motion to
Dismiss (Document No. 23, filed January 7, 2011), Defendants James Harris and Gregory
Harris’s Motion to Dismiss, or, Alternatively, to Sever and Transfer (Document No. 29, filed
January 14, 2011), Defendant Harris Consulting Services, Inc.’s Motion to Dismiss, or,
Alternatively, to Sever and Transfer (Document No. 31, filed January 14, 2011), Plaintiffs’

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Response to All Defendants’ Motions to Dismiss or Transfer (Document No. 40, filed February
7, 2011), Reply Brief Supporting Defendants’ Motion to Dismiss or Transfer (Document No. 41,
filed February 17, 2011), and Reply Brief in Support of Defendants James Harris and Gregory
Harris’s Motion to Dismiss, or, Alternatively, to Sever and Transfer (Document No. 42, filed
February 24, 2011), for the reasons set forth in the Memorandum dated June 15, 2011, IT IS
ORDERED as follows:
1.

The claims in the Complaint against defendants James Harris, Gregory Harris and
Harris Consulting Services, Inc. (“the Harris Defendants”) (Counts I and II) are
SEVERED from the claims in the Complaint against defendants Bank of
Commerce and Trust, Garden City State Bank, Peabody State Bank, Kendell State
Bank, First United Bank and Trust, Kelly Drouillard and Quivira Capital, LLC
(“the Bank Defendants”) (Counts IV, V, VI and VII).1

2.

All claims against the Harris Defendants (Counts I and II) are TRANSFERRED
to the District of Nevada;

3.

All claims against the Bank Defendants (Counts IV, V, VI and VII) are
TRANSFERRED to the District of Kansas;

4.

The Banks’ Motion to Dismiss or Transfer (Document No. 19, filed January 7,
2011) is GRANTED to the extent it seeks transfer of the claims against them to
the District of Kansas. All other issues raised in the motion are reserved for
disposition by the transferee court;

5.

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Kelly Drouillard’s Motion to Dismiss or Transfer (Document No. 21, filed

There is no Count III in the Complaint.
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January 7, 2011) is GRANTED to the extent it seeks transfer of the claims
against her to the District of Kansas. All other issues raised in the motion are
reserved for disposition by the transferee court;
6.

Quivira Capital, LLC’s Motion to Dismiss (Document No. 23, filed January 7,
2011), is GRANTED to the extent it seeks transfer of the claims against it to the
District of Kansas. All other issues raised in the motion are reserved for
disposition by the transferee court;

7.

Defendants James Harris and Gregory Harris’s Motion to Dismiss, or,
Alternatively, to Sever and Transfer (Document No. 29, filed January 14, 2011) is
GRANTED to the extent it seeks a severance of the claims against them and a
transfer of the claims against them to the District of Nevada. All other issues
raised in the motion are reserved for disposition by the transferee court;

8.

Defendant Harris Consulting Services, Inc.’s Motion to Dismiss, or, Alternatively,
to Sever and Transfer (Document No. 31, filed January 14, 2011) is GRANTED
to the extent it seeks a severance of the claims against it and a transfer of the
claims against it to the District of Nevada. All other issues raised in the motion
are reserved for disposition by the transferee court; and

9.

The Clerk of Court shall MARK the case CLOSED for statistical purposes.

BY THE COURT:

/s/ Hon. Jan E. DuBois
JAN E. DUBOIS, J.

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