NMFC LLC et al v. Ettin et al
Filing
12
ORDER, that Plaintiffs Fourth Cause of Action is DISMISSED WITHOUT PREJUDICE and Defendants Motion to Dismiss the Fifth Cause ofAction is DENIED. Defendants Innegra Technologies, LLC, Mark Smith, and Robert Castellanishall file an Answer to the Amended Complaint within ten (10) days after the filing of this Order; granting in part and denying in part 8 Motion to Dismiss. Signed by Honorable Timothy M Cain on 6/25/2013.(gpre, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
SPARTANBURG DIVISION
JOHN K. FORT, Chapter 7 Trustee for NMFC,
LLC f/k/a Innegrity, LLC,
Case No. 7:13-cv-01052-TMC
Plaintiff,
vs.
CONSENT ORDER
Jeff Ettin, Jack McCall, Fran Gregory,
Michael McGinness, Innegra Technologies,
LLC, Mark Smith and Robert Castellani,
Defendants.
THIS MATTER comes before the Court to resolve Defendants Innegra Technologies,
LLC, Mark Smith, and Robert Castellani’s (collectively “Defendants”) Motion to Dismiss the
Fourth and Fifth Causes of Action of the Amended Complaint (Docket Entry No. 8) by
agreement of the parties. As evidenced by the signatures of their respective counsel below,
Plaintiff John K. Fort, Chapter 7 Trustee for NMFC, LLC f/k/a Innegrity, LLC (“Plaintiff”)
agrees to dismiss the Fourth Cause of Action of the Amended Complaint for Conspiracy without
prejudice. Defendants agree to withdraw their Motion to Dismiss the Fifth Cause of Action for
Aiding an Abetting Breach of Fiduciary Duty and file an Answer to the Amended Complaint
within ten (10) days of the filing of this Order.
As Defendants’ Motion is made under
Fed.R.Civ. P. 12(b)(6), Defendants may raise these arguments again at any time.
NOW THEREFORE, it is hereby ordered that Plaintiff’s Fourth Cause of Action is
DISMISSED WITHOUT PREJUDICE and Defendants’ Motion to Dismiss the Fifth Cause of
Action is DENIED. Defendants Innegra Technologies, LLC, Mark Smith, and Robert Castellani
shall file an Answer to the Amended Complaint within ten (10) days after the filing of this Order.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Court Judge
June 25, 2013
Anderson, South Carolina
WE CONSENT:
/S/ James L. Bruner
James L. Bruner, Fed. ID No. 1537
Benjamin C. Bruner, Fed ID No. 10625
Matthew H. Stabler, Fed ID No. 11061
Bruner, Powell, Wall, Mullins LLC
PO Box 61110
Columbia, SC 29260-1110
jbruner@brunerpowell.com
(803) 252-7693
Attorneys for John K. Fort, Chapter 7
Trustee for NMFC, LLC f/k/a Innegrity, LLC
/S/ Bernie W. Ellis
Bernie W. Ellis, Fed ID No. 5650
McNair Law Firm, P.A.
Post Office Box 447
Greenville, South Carolina 29602
bellis@mcnair.net
(864) 271-4940
Attorneys for Innegra Technologies, Mark
Smith and Robert Castellani
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