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, )

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?