Case details

Court: scd
Docket #: 8:06-cv-02063
Case Name: Hazelton et al v. Kuttner et al
PACER case #: 142565
Date filed: 2006-07-18
Date terminated: 2007-04-13
Assigned to: Honorable G Ross Anderson, Jr
Case Cause: 28:1332 Diversity-Contract Dispute
Nature of Suit: 160 Stockholders Suits
Jury Demand: Plaintiff
Jurisdiction: Diversity

Parties

Represented Party Attorney & Contact Info
Mary Hazelton
Plaintiff
derivatively on behalf of Nominal Defendant Hampshire Group Limited on behalf ofHampshire Group Limited
D Michael Kelly
Mike Kelly Law Group PO Box 8113 Columbia, SC 29202 803-726-0123 Fax: 803-252-7145 Email: mkelly@mklawgroup.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jennifer F Sherrill
Federman and Sherwood 10205 N Pennsylvania Oklahoma City, OK 73120 405-235-1560 Email: jfs@federmanlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Jonathan Harling
Harling and West PO Box 2485 Lexington, SC 29071 803-957-0889 Email: jharling@harlingandwest.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

William B Federman
Federman and Sherwood 10205 N Pennsylvania Oklahoma City, OK 73120 405-235-1560 Email: wbf@federmanlaw.com
ATTORNEY TO BE NOTICED

Ludwig Kuttner
Defendant
D Clay Robinson
SC Department of Health and Environmental Control 2600 Bull Street Columbia, SC 29201 803-898-3369 Fax: 803-898-3367 Email: clay@robinsonlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert William Gottlieb
Katten Muchin Rosenman LLP 575 Madison Avenue New York, NY 10022 212-940-7090 Fax: 212-935-8405 Email: robert.gottlieb@kattenlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joel Goldberg
Defendant
Thomas L Stephenson
Stephenson and Murphy 207 Whitsett Street Greenville, SC 29601 864-370-9400 Fax: 864-240-9292 Email: tom@stephensonmurphy.com
ATTORNEY TO BE NOTICED

Michael C Jackson
Defendant
Thomas L Stephenson
(See above for address)
ATTORNEY TO BE NOTICED

Harvey L Sperry
Defendant
Thomas L Stephenson
(See above for address)
ATTORNEY TO BE NOTICED

Roger Clark
Defendant
D Clay Robinson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert William Gottlieb
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Irwin W Winter
Defendant
Thomas L Stephenson
(See above for address)
ATTORNEY TO BE NOTICED

Hampshire Group Limited
Defendant
Beattie B Ashmore
Beattie B Ashmore Law Office 650 E Washington Street Greenville, SC 29601 864-467-1001 Email: Beattie@BeattieAshmore.com
ATTORNEY TO BE NOTICED

Charles Clayton
Defendant
D Clay Robinson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Robert William Gottlieb
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2006-07-18 1 0 COMPLAINT against Ludwig Kuttner, Joel Goldberg, Michael C Jackson, Harvey L Sperry, Roger Clark, Irwin W Winter ( Filing fee $ 350 receipt number 660070.) Service due by 11/15/2006, filed by Mary Hazelton. (Attachments: # 1 Affidavit of Mary Hazelton)(gkra, ) (Entered: 07/19/2006)
1 1 Affidavit of Mary Hazelton
2006-07-18 3 0 Local Rule 26.01 Answers to Interrogatories by Mary Hazelton.(gkra, ) (Entered: 07/19/2006)
2006-07-19 4 0 Summons Issued (Restricted Access) as to Ludwig Kuttner, Joel Goldberg, Michael C Jackson, Harvey L Sperry, Roger Clark, Irwin W Winter. (gkra, ) (Entered: 07/19/2006)
2006-09-12 13 0 Deficiency Memo re: Acceptance of Service, documents 5, 6, 7, 8, 9, 10, 11, and Certificate of Service, document 12. See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 9/13/2006. (gkra, ) (Entered: 09/12/2006)
2006-09-11 14 0 ACCEPTANCE OF SERVICE OF COMPLAINT by Mary Hazelton. Extension granted until 9-26-06 (Attachments: # 1 Acceptance of Service CLARK)(Kelly, D) Modified on 9/19/2006 to change date filed to that of the original. (gkra, ). (Entered: 09/14/2006)
2006-09-11 15 0 ACCEPTANCE OF SERVICE OF COMPLAINT by Mary Hazelton. Extension granted until 9-26-06 (Attachments: # 1 Acceptance of Service - GOLDBERG)(Kelly, D) Modified on 9/19/2006 to change date filed to that of the original. (gkra, ). (Entered: 09/14/2006)
2006-09-11 16 0 ACCEPTANCE OF SERVICE OF COMPLAINT by Mary Hazelton. Extension granted until 9-26-06 (Attachments: # 1 Acceptances of Service - HAMPSHIRE GROUP)(Kelly, D) Modified on 9/19/2006 to change date filed to that of the original.(gkra, ). (Entered: 09/14/2006)
2006-09-11 17 0 ACCEPTANCE OF SERVICE OF COMPLAINT by Mary Hazelton. Extension granted until 9-26-06 (Attachments: # 1 Acceptance of Service - JACKSON)(Kelly, D) Modified on 9/19/2006 to change filed date to that of the original. (gkra, ). (Entered: 09/14/2006)
2006-09-11 18 0 ACCEPTANCE OF SERVICE OF COMPLAINT by Mary Hazelton. Extension granted until 9-26-06 (Attachments: # 1 Acceptance of Service KUTTNER)(Kelly, D) Modified on 9/19/2006 to change filed date to that of the original. (gkra, ). (Entered: 09/14/2006)
2006-09-11 19 0 ACCEPTANCE OF SERVICE OF COMPLAINT by Mary Hazelton. Extension granted until 9-26-06 (Attachments: # 1 Acceptance of Service - SPERRY)(Kelly, D) Modified on 9/19/2006 to change filed date to that of the original. (gkra, ). (Entered: 09/14/2006)
2006-09-11 20 0 ACCEPTANCE OF SERVICE OF COMPLAINT by Mary Hazelton. Extension granted until 9-26-06 (Attachments: # 1 Acceptance of Service - WINTER)(Kelly, D) Modified on 9/19/2006 to change filed date to that of the original. (gkra, ). (Entered: 09/14/2006)
2006-09-11 21 0 CERTIFICATE OF SERVICE by Mary Hazelton re 18 Acceptance of Service of Complaint, 17 Acceptance of Service of Complaint, 19 Acceptance of Service of Complaint, 20 Acceptance of Service of Complaint, 16 Acceptance of Service of Complaint, 14 Acceptance of Service of Complaint, 15 Acceptance of Service of Complaint (Kelly, D) Modified on 9/19/2006 to change filed date to that of the original. (gkra, ). (Entered: 09/14/2006)
2006-09-26 22 0 MOTION to Dismiss by Joel Goldberg, Michael C Jackson, Harvey L Sperry, Irwin W Winter. Response to Motion due by 10/16/2006 (Attachments: # 1 Memo in Support # 2 Affidavit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit # 10 Exhibit # 11 Exhibit # 12 Exhibit # 13 Exhibit # 14 Exhibit # 15 Exhibit # 16 Exhibit # 17 Exhibit # 18 Exhibit # 19 Exhibit # 20 Exhibit # 21 Exhibit # 22 Exhibit # 23 Exhibit)No proposed order(Stephenson, Thomas) (Entered: 09/26/2006)
2006-09-26 23 0 MOTION to Dismiss by Ludwig Kuttner, Roger Clark. Response to Motion due by 10/16/2006 (Attachments: # 1 Memo in Support)No proposed order(Robinson, D) (Entered: 09/26/2006)
2006-09-26 24 0 MOTION to Dismiss by Hampshire Group Limited. Response to Motion due by 10/16/2006 No proposed order(Ashmore, Beattie) (Entered: 09/26/2006)
2006-10-11 25 0 NOTICE of Hearing on Motion 24 MOTION to Dismiss, 22 MOTION to Dismiss, 23 MOTION to Dismiss : Motion Hearing set for 10/30/2006 11:45 AM in G. Ross Anderson, Jr. Court House, 315 S. McDuffie St, Anderson before Honorable G Ross Anderson Jr. (gkra, ) (Entered: 10/11/2006)
2006-10-13 26 0 First MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss, 23 MOTION to Dismiss, 22 MOTION to Dismiss by Mary Hazelton.Response to Motion due by 11/2/2006 No proposed order(Kelly, D) (Entered: 10/13/2006)
2006-10-16 27 0 ORDER granting 26 Motion for Extension of Time to File Response/Reply re 22 MOTION to Dismiss, 24 MOTION to Dismiss, 23 MOTION to Dismiss Response to Motions due by 11/15/2006 Signed by Judge G Ross Anderson Jr on 10/16/06.(gkra, ) (Entered: 10/16/2006)
2006-10-16 28 0 NOTICE of Cancellation of Hearing: motion hearing set for October 30, 2006 at 11:45. Deadline to repond to motions 22 23 24 reset for November 15, 2006.(gkra, ) (Entered: 10/16/2006)
2006-10-18 29 0 MOTION to Appear Pro Hac Vice by William B. Federman ( Filing fee $ 250 receipt number 771014) by Mary Hazelton.Response to Motion due by 11/6/2006 (Attachments: # 1 Affidavit of William B. Federman# 2 Certificate of Good Standing for W. Federman)No proposed order(Kelly, D) (Entered: 10/18/2006)
2006-11-10 30 0 NOTICE of Hearing on Motion 24 MOTION to Dismiss, 22 MOTION to Dismiss, 23 MOTION to Dismiss : Motion Hearing set for 11/27/2006 11:45 AM in G. Ross Anderson, Jr. Court House, 315 S. McDuffie St, Anderson before Honorable G Ross Anderson Jr. (gkra, ) (Entered: 11/10/2006)
2006-11-15 31 0 AMENDED COMPLAINT against all defendants, filed by Mary Hazelton. (Attachments: # 1 Verfication) (Kelly, D) (Entered: 11/15/2006)
2006-11-15 32 0 Withdrawal of Motions: 23 MOTION to Dismiss filed by Roger Clark, Ludwig Kuttner.. (Robinson, D) (Entered: 11/15/2006)
2006-11-15 33 0 Withdrawal of Motions: 24 MOTION to Dismiss filed by Hampshire Group Limited.. (Ashmore, Beattie) (Entered: 11/15/2006)
2006-11-16 34 0 Withdrawal of Motions: 22 MOTION to Dismiss filed by Joel Goldberg, Irwin W Winter, Michael C Jackson, Harvey L Sperry.. (Stephenson, Thomas) (Entered: 11/16/2006)
2006-11-20 35 0 ORDER granting 29 Motion to Appear Pro Hac Vice Signed by Judge G Ross Anderson Jr on 11/20/06.(alew, ) (Entered: 11/20/2006)
2006-11-21 36 0 NOTICE of Cancellation of Hearing: Motion hearing scheduled for Monday, November 27, 2006. (pbri, ) (Entered: 11/21/2006)
2006-12-04 37 0 MOTION to Dismiss by Joel Goldberg, Michael C Jackson, Harvey L Sperry, Irwin W Winter.Response to Motion due by 12/22/2006 (Attachments: # 1 Memo in Support # 2 Affidavit Thomas L. Stephenson, Esq.# 3 Exhibit 1: Restated Certificate of Incorporation for Hampshire Group, Ltd.# 4 Exhibit 2: Certificate of Amendment for Restated Cert. of Inc. for Hampshire Group, Ltd.# 5 Exhibit 3: Amalgamated Bank v. Yost, No. Civ. A 04-0972, 2005 WL 22617# 6 Exhibit 4: Aronson v. Lewis, 473 A.2d 805# 7 Exhibit 5: Baxter Int'l, Inc. Shareholders Litig. 654 A.2d 1268# 8 Exhibit 6: Beam ex rel. Martha Stewart Living Omnimedia, Inc. v. Stewart, 845 A.2d 1040# 9 Exhibit 7: Brehm v. Eisner, 746 A.2d 244# 10 Exhibit 8: Caremark Int'l Inc. Deriv Litig., 698 A.2d 959# 11 Exhibit 9: In re Citigroup Inc. S'holders Litig., 2003 WL 21384599# 12 Exhibit 10: In re Compucom Systems, Inc., WL 2481325# 13 Exhibit 11: David B. Shaev Profit Sharing, WL 391931# 14 Exhibit 12: Green v. Phillips, WL 342093# 15 Exhibit 13: Guttman v. Huang, 823 A.2d 492# 16 Exhibit 14: Hartline v. Sheet Metal, 134 F. Supp. 2d 1# 17 Exhibit 15: IT Litig. Trust v. D'Aniello, WL 3050611# 18 Exhibit 16: Levine v. Smith, 591 A.2d 194# 19 Exhibit 17: Malpiede v. Townson, 780 A.2d 1075# 20 Exhibit 18: In re Merck & Co., Inc. MSL No. 1658, 2006 WL 1228595# 21 Exhibit 19: Parnes v. Bally Entertainment Corp., 2001 WL 224774# 22 Exhibit 20: Rales v. Blasband, 634 A.2d 927# 23 Exhibit 21: Rattner v. Bidzos, 2003 WL 22284323# 24 Exhibit 22: Stone v. Ritter, 2006 WL 3169168# 25 Exhibit 23: In Re Vistacare, Inc., 2006 WL 2523461)No proposed order(Stephenson, Thomas) (Entered: 12/04/2006)
2006-12-04 38 0 MOTION to Dismiss by Charles Clayton, Ludwig Kuttner, Roger Clark.Response to Motion due by 12/22/2006 (Attachments: # 1 Memo in Support)No proposed order(Robinson, D) (Entered: 12/04/2006)
2006-12-04 39 0 MOTION to Dismiss by Hampshire Group Limited.Response to Motion due by 12/22/2006 No proposed order(Ashmore, Beattie) (Entered: 12/04/2006)
2006-12-11 40 0 NOTICE of Hearing on Motion 39 MOTION to Dismiss, 38 MOTION to Dismiss, 37 MOTION to Dismiss : Motion Hearing set for 12/28/2006 11:30 AM in G. Ross Anderson, Jr. Court House, 315 S. McDuffie St, Anderson before Honorable G Ross Anderson Jr. (gkra, ) (Entered: 12/11/2006)
2006-12-20 41 0 MOTION to Appear Pro Hac Vice by Jennifer F. Sherrill ( Filing fee $ 250 receipt number 839080) by Mary Hazelton.Response to Motion due by 1/8/2007 (Attachments: # 1 Application/Affidavit for Pro Hac Vice Admission - Jennifer F. Sherrill# 2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Kelly, D) (Entered: 12/20/2006)
2006-12-20 42 0 ORDER granting 41 Motion to Appear Pro Hac Vice for Jennifer F. Sherrill to represent Mary Hazelton. Signed by Judge G Ross Anderson Jr on 12/20/06.(gkra, ) (Entered: 12/20/2006)
2006-12-22 43 0 RESPONSE in Opposition re 39 MOTION to Dismiss, 37 MOTION to Dismiss, 38 MOTION to Dismiss Response filed by Mary Hazelton.Reply to Response to Motion due by 1/8/2007 (Attachments: # 1 Declaration of Jennifer F. Sherrill# 2 Exhibit Exhibit 1# 3 Exhibit Exhibit 2# 4 Exhibit Exhibit 3# 5 Exhibit Exhbit 4# 6 Exhibit Exhibit 5# 7 Exhibit Exhibit 6# 8 Exhibit Exhibit 7# 9 Exhibit Exhibit 8# 10 Exhibit Exhibit 9# 11 Exhibit Exhibit 10# 12 Exhibit Exhibit 11# 13 Exhibit Exhibit 12# 14 Exhibit Exhibit 13# 15 Exhibit Exhibit 14# 16 Exhibit Exhibit 15# 17 Exhibit Exhibit 16# 18 Exhibit Exhibit 17# 19 Exhibit Exhibit 18# 20 Exhibit Exhibit 19# 21 Exhibit Exhibit 20# 22 Exhibit Exhibit 21# 23 Exhibit Exhibit 22# 24 Exhibit Exhibit 23# 25 Exhibit Exhibit 24# 26 Exhibit Exhibit 26# 27 Exhibit Exhibit 27# 28 Exhibit Exhibit 28# 29 Exhibit Exhibit 29# 30 Exhibit Exhibit 30# 31 Exhibit Exhibit 31)(Sherrill, Jennifer) (Entered: 12/22/2006)
2006-12-26 44 0 MOTION to Appear Pro Hac Vice by Gottlieb ( Filing fee $ 250 receipt number 843729) by Charles Clayton, Ludwig Kuttner, Roger Clark.Response to Motion due by 1/16/2007 (Attachments: # 1 Affidavit Application/Affidavit of Robert William Gottlieb# 2 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel(Robinson, D) (Entered: 12/26/2006)
2006-12-27 45 0 ORDER granting 44 Motion to Appear Pro Hac Vice Robert William gottlieb who represents Ludwig Kuttner, Robert Clark and Charles Clayton. Signed by Judge G Ross Anderson Jr on 12/27/06.(gkra, ) (Entered: 12/27/2006)
2006-12-28 47 0 Deficiency Memo 46 Response See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 12/29/2006. (gkra, ) (Entered: 12/28/2006)
2006-12-27 48 0 RESPONSE in Support re 37 MOTION to Dismiss Response filed by Joel Goldberg, Michael C Jackson, Harvey L Sperry, Irwin W Winter. (Stephenson, Thomas) Modified on 12/29/2006 to change filed date to that of the original. (gkra, ). (Entered: 12/28/2006)
2006-12-28 49 0 Minute Entry. Proceedings held before Judge G Ross Anderson Jr: taking under advisement 37 Motion to Dismiss; taking under advisement 38 Motion to Dismiss; taking under advisement 39 Motion to Dismiss. Motion Hearing held on 12/28/2006. Order forthcoming. Court Reporter Geri Kirkley. (pbri, ) (Entered: 12/28/2006)
2006-12-28 50 0 ORAL ORDER that plaintiff's counsel has fifteen days to submit amended pleadings supporting her position. (pbri, ) (Entered: 12/28/2006)
2007-01-10 51 0 AMENDED COMPLAINT Second Amended Verified Shareholder Derivative Complaint against Charles Clayton, Ludwig Kuttner, Joel Goldberg, Michael C Jackson, Harvey L Sperry, Roger Clark, Irwin W Winter, filed by Mary Hazelton. (Attachments: # 1 Exhibit Exhibit A) (Sherrill, Jennifer) (Entered: 01/10/2007)
2007-01-19 52 0 MOTION to Dismiss by Joel Goldberg, Michael C Jackson, Harvey L Sperry, Irwin W Winter.Response to Motion due by 2/8/2007 (Attachments: # 1 Memo in Support # 2 Affidavit Thomas L. Stephenson, Esq.# 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)No proposed order(Stephenson, Thomas) (Entered: 01/19/2007)
2007-01-19 53 0 MOTION to Dismiss by Hampshire Group Limited.Response to Motion due by 2/8/2007 No proposed order(Ashmore, Beattie) (Entered: 01/19/2007)
2007-01-22 54 0 MOTION to Dismiss Second Amended Complaint by Charles Clayton, Ludwig Kuttner, Roger Clark.Response to Motion due by 2/9/2007 (Attachments: # 1 Memo in Support)No proposed order(Robinson, D) (Entered: 01/22/2007)
2007-01-25 55 0 TRANSCRIPT of Motions Hearing held on December 28, 2006 before Judge G. Ross Anderson, Jr.. Court Reporter: Geri Dunn Kirkley. (gkirkley, ) (Entered: 01/25/2007)
2007-02-08 56 0 RESPONSE in Opposition re 54 MOTION to Dismiss Second Amended Complaint Response filed by Mary Hazelton.Reply to Response to Motion due by 2/20/2007 (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit 27# 28 Exhibit 28# 29 Exhibit 29)(Sherrill, Jennifer) (Entered: 02/08/2007)
2007-02-08 57 0 DECLARATIONbyMary Hazelton to Plaintiff's Response in Opposition to Motion to Dismiss Second Amended Complaint. (Sherrill, Jennifer) (Entered: 02/08/2007)
2007-02-21 59 0 Deficiency Memo 58 Reply to Response to Motion See attached Deficiency Memo. Any response due is based on the filing date of the original document. Docket Correction due 2/22/2007. (gkra, ) (Entered: 02/21/2007)
2007-02-20 60 0 REPLY to Response to Motion re 52 MOTION to Dismiss Response filed by Joel Goldberg, Michael C Jackson, Harvey L Sperry, Irwin W Winter. (Stephenson, Thomas) Modified on 2/22/2007 to changed filed date to that of the orginal.(gkra, ). (Entered: 02/21/2007)
2007-04-13 61 0 ORDER granting 54 Motion to Dismiss without prejudice. Signed by Judge G Ross Anderson Jr on 4/13/07.(gkra, ) (Entered: 04/13/2007) 2017-02-17 00:39:58 12acd7d2c0f7290a17d933ce7eb1933b85061be1