Maverick Fund, Ltd. et al v. Mohawk Industries, Inc. et al (2022)

August 19, 2021 Maverick Fund, Ltd. et al v. Mohawk Industries, Inc. et al (1) Filing 25 ORDER granting #23 Motion to Stay. Signed by Judge Timothy C. Batten, Sr. on 8/19/2021. (dmb) August 19, 2021 Filing 24 Corporate Disclosure Statement by Frank H. Boykin, Brian Carson, Jeffrey S. Lorberbaum, Mohawk Industries, Inc..(Long, Robert) August 18, 2021 Submission of #23 Unopposed MOTION to Stay to District Judge Timothy C. Batten Sr. (dmb) August 4, 2021 MINUTE ORDER granting Shawn M. Hays's #22 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Chief Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw) July 30, 2021 Filing 23 Unopposed MOTION to Stay with Brief In Support by Mohawk Industries, Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Long, Robert) July 29, 2021 APPROVAL by Clerks Office re: #22 APPLICATION for Admission of Shawn M. Hays Pro Hac Vice.. Attorney Shawn M. Hays added appearing on behalf of Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C. (nmb) July 23, 2021 Filing 22 APPLICATION for Admission of Shawn M. Hays Pro Hac Vice.by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Bain, Karen) Documents for this entry are not available for viewing outside the courthouse. July 21, 2021 RETURN of #21 APPLICATION for Admission of Shawn M. Hays Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11106429). to attorney for correction re: Form. (nmb) July 15, 2021 APPROVAL by Clerks Office re: #20 APPLICATION for Admission of Matthew P. Siben Pro Hac Vice.. Attorney Matthew Philip Siben added appearing on behalf of Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C. (nmb) July 15, 2021 Maverick Fund, Ltd. et al v. Mohawk Industries, Inc. et al (2) ORDER granting #19 and #20 Application for Admission Pro Hac Vice. Entered by CRD at the direction of Chief Judge Timothy C. Batten, Sr. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(usw) July 15, 2021 APPROVAL by Clerks Office re: #19 APPLICATION for Admission of David A. Thorpe Pro Hac Vice.. Attorney David A. Thorpe added appearing on behalf of Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C. (nmb) July 14, 2021 Filing 21 APPLICATION for Admission of Shawn M. Hays Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11106429).by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Bain, Karen) Documents for this entry are not available for viewing outside the courthouse. July 14, 2021 Filing 20 APPLICATION for Admission of Matthew P. Siben Pro Hac Vice.by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Bain, Karen) Documents for this entry are not available for viewing outside the courthouse. July 14, 2021 Filing 19 APPLICATION for Admission of David A. Thorpe Pro Hac Vice.by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Bain, Karen) Documents for this entry are not available for viewing outside the courthouse. July 12, 2021 Filing 18 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Shawn M. Hays. Clerk to follow-up by 7/22/2021. (cdg) July 12, 2021 RETURN of #9 APPLICATION for Admission of David A. Thorpe Pro Hac Vice. to attorney for correction regarding local counsel address. (nmb) July 12, 2021 RETURN of #10 APPLICATION for Admission of Matthew P. Siben Pro Hac Vice. to attorney for correction regarding local counsel address. (nmb) July 9, 2021 Filing 17 NOTICE of Appearance by Courtney Ellen Quiros on behalf of Mohawk Industries, Inc. (Quiros, Courtney) July 9, 2021 Filing 16 NOTICE of Appearance by Elizabeth Gingold Clark on behalf of Mohawk Industries, Inc. (Clark, Elizabeth) July 9, 2021 Filing 15 NOTICE of Appearance by Robert R Long, IV on behalf of Mohawk Industries, Inc. (Long, Robert) July 2, 2021 Filing 14 WAIVER OF SERVICE Returned Executed by Sprugos Investments IX, L.L.C., Maverick Fund II, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P.. Brian Carson waiver mailed on 7/1/2021, answer due 8/30/2021. (Bain, Karen) July 1, 2021 Filing 13 WAIVER OF SERVICE Returned Executed by Sprugos Investments IX, L.L.C., Maverick Fund II, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P.. Frank H. Boykin waiver mailed on 7/1/2021, answer due 8/30/2021. (Bain, Karen) July 1, 2021 Filing 12 WAIVER OF SERVICE Returned Executed by Sprugos Investments IX, L.L.C., Maverick Fund II, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P.. Jeffrey S. Lorberbaum waiver mailed on 7/1/2021, answer due 8/30/2021. (Bain, Karen) July 1, 2021 Filing 11 WAIVER OF SERVICE Returned Executed by Sprugos Investments IX, L.L.C., Maverick Fund II, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P.. Mohawk Industries, Inc. waiver mailed on 7/1/2021, answer due 8/30/2021. (Bain, Karen) July 1, 2021 Filing 10 APPLICATION for Admission of Matthew P. Siben Pro Hac Vice.by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Bain, Karen) Documents for this entry are not available for viewing outside the courthouse. July 1, 2021 Filing 9 APPLICATION for Admission of David A. Thorpe Pro Hac Vice.by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Bain, Karen) Documents for this entry are not available for viewing outside the courthouse. July 1, 2021 RETURN of #6 APPLICATION for Admission of Matthew P. Siben Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11063557). to attorney for correction re: Local counsel. (cdg) July 1, 2021 RETURN of #7 APPLICATION for Admission of David A. Thorpe Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11063576). to attorney for correction re: Local counsel. (cdg) July 1, 2021 Clerks Notation re #8 Certificate of Interested Persons. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw) June 30, 2021 Filing 8 Certificate of Interested Persons by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Scarbrough, Tyler) June 24, 2021 Filing 7 APPLICATION for Admission of David A. Thorpe Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11063576).by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Scarbrough, Tyler) Documents for this entry are not available for viewing outside the courthouse. June 24, 2021 Filing 6 APPLICATION for Admission of Matthew P. Siben Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11063557).by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Scarbrough, Tyler) Documents for this entry are not available for viewing outside the courthouse. June 23, 2021 Filing 5 Electronic Summons Issued as to Brian Carson. (bjh) June 23, 2021 Filing 4 Electronic Summons Issued as to Frank H. Boykin. (bjh) June 23, 2021 Filing 3 Electronic Summons Issued as to Jeffrey S. Lorberbaum. (bjh) June 23, 2021 Filing 2 Electronic Summons Issued as to Mohawk Industries, Inc. (bjh) June 22, 2021 Filing 1 COMPLAINT with Jury Demand filed by Sprugos Investments IX, L.L.C., Maverick Fund II, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P. (Filing fee $402, receipt number AGANDC-11059269) (Attachment: #1 Civil Cover Sheet)(bjh) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

August 19, 2021 Filing 25 ORDER granting #23 Motion to Stay. Signed by Judge Timothy C. Batten, Sr. on 8/19/2021. (dmb) August 19, 2021 Filing 24 Corporate Disclosure Statement by Frank H. Boykin, Brian Carson, Jeffrey S. Lorberbaum, Mohawk Industries, Inc..(Long, Robert) August 18, 2...

(dmb) August 19, 2021 Filing 24 Corporate Disclosure Statement by Frank H. Boykin, Brian Carson, Jeffrey S. Lorberbaum, Mohawk Industries, Inc..(Long, Robert) August 18, 2021 Submission of #23 Unopposed MOTION to Stay to District Judge Timothy C. Batten Sr. (dmb) August 4, 2021 MINUTE ORDER granting Shawn M. Hays's #22 Application for Admission Pro Hac Vice.. (usw) July 30, 2021 Filing 23 Unopposed MOTION to Stay with Brief In Support by Mohawk Industries, Inc.. (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Long, Robert) July 29, 2021 APPROVAL by Clerks Office re: #22 APPLICATION for Admission of Shawn M. Hays Pro Hac Vice.. Attorney Shawn M. Hays added appearing on behalf of Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (nmb) July 14, 2021 Filing 21 APPLICATION for Admission of Shawn M. Hays Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11106429).by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Bain, Karen) Documents for this entry are not available for viewing outside the courthouse.. to attorney for correction regarding local counsel address.. Reviewed and approved by Chief U.S. District Judge Timothy C. Batten, Sr. (usw) June 30, 2021 Filing 8 Certificate of Interested Persons by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Scarbrough, Tyler) June 24, 2021 Filing 7 APPLICATION for Admission of David A. Thorpe Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11063576).by Maverick Fund II, Ltd., Maverick Fund, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P., Sprugos Investments IX, L.L.C.. (Scarbrough, Tyler) Documents for this entry are not available for viewing outside the courthouse.. (bjh) June 23, 2021 Filing 2 Electronic Summons Issued as to Mohawk Industries, Inc. (bjh) June 22, 2021 Filing 1 COMPLAINT with Jury Demand filed by Sprugos Investments IX, L.L.C., Maverick Fund II, Ltd., Maverick Long Enhanced Fund, Ltd., Maverick Fund, Ltd., Maverick Long Fund, Ltd., Maverick USA, L.P. (Filing fee $402, receipt number AGANDC-11059269) (Attachment: #1 Civil Cover Sheet)(bjh) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form.

On 06/22/2021 Maverick Fund, Ltd filed a Finance - Security/Commodity/Exchange court case against Mohawk Industries, Inc in U.S. District Courts. Court records for this case are available from Georgia Northern District Court.

This case was filed in U.S. District Courts, Georgia Northern District Court.. (Entered: 07/23/2021). (Entered: 06/24/2021). (Entered: 06/24/2021). Get Deeper Insights on Court Cases

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Under RICO, an “enterprise” can include a “group of individuals associated in fact although not a legal entity.” Increasingly, RICO claimants have cast the corporate defendant as a constituent of an association-in-fact enterprise comprised of the corporate defendant and its agents or employees.. [4] RICO generally outlaws four types of activities, each of which involves the defendant’s misuse of an “enterprise” in connection with a “pattern of racketeering activity”: 1) investing in an “enterprise” any income derived from a pattern of racketeering activity;[5] 2) using a pattern of racketeering activity to acquire or maintain control over an “enterprise”;[6] 3) conducting or participating in the affairs of an “enterprise” through a pattern of racketeering;[7] and 4) conspiring to commit one of the foregoing RICO violations.. To be liable for participating or conducting the affairs of an “enterprise,” a defendant must have “participated in the operation or management of the enterprise itself.”[12] A RICO claimant must show that the defendant “conducted or participated in the conduct of the ‘enterprise’s affairs,’ not just [its] own affairs.”[13]. While corporations fall within the definition of “person” and may be RICO defendants, it is also settled law that section 1962(c) requires that the defendant “person” and the “enterprise” be legally distinct entities: a RICO defendant “person” cannot also be the RICO “enterprise”.. [21] The court concluded that this association-in-fact enterprise was not distinct from the corporate defendant, and “[w]ithout a difference between the defendant and the ‘enterprise’ there can be no violation of RICO.”[22] The Second and Third Circuits have likewise held that an “enterprise” consisting of a defendant corporation and its outside agents cannot be distinguished from the corporation itself.. In Williams v. Mohawk Industries, Inc. ,[24] that court held that a corporate RICO defendant could be held liable for unlawfully conducting the affairs of an association-in-fact enterprise comprised of the corporation and its agents.. As they point out, in identifying the association-in-fact “enterprise,” the RICO statute describes it as “any union or group of individuals associated in fact although not a legal entity.”[30] While the RICO statute has defined the term “person” to include corporations,[31] it did not provide such a definition for the term “individual.” The term “individual” usually refers to natural persons,[32] which would exclude corporations and other artificial persons from being members of an association-in-fact enterprise.

Syllabus

NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.See United States v. Detroit Timber & Lumber Co.,. 200 U. S. 321. .. MOHAWK INDUSTRIES, INC. v . CARPENTER. certiorari to the united states court of appeals for the eleventh circuit No.. Argued October 5, 2009—Decided December 8, 2009. In granting Carpenter’s motion to compel Mohawk to produce information concerning his meeting with retained counsel and the company’s termination decision, the District Court agreed with Mohawk that the requested information was protected by the attorney-client privilege, but concluded that Mohawk had implicitly waived the privilege through its disclosures in the Williams case.. The court declined to certify its order for interlocutory appeal, and the Eleventh Circuit dismissed Mohawk’s appeal for lack of jurisdiction, holding, inter alia, that the District Court’s ruling did not qualify as an immediately appealable collateral order under Cohen v. Beneficial Industrial Loan Corp. , 337 U. S. 541 , because a discovery order implicating the attorney-client privilege can be adequately reviewed on appeal from final judgment.. Held: Disclosure orders adverse to the attorney-client privilege do not qualify for immediate appeal under the collateral order doctrine.. Pp.. (a) Courts of Appeals “have jurisdiction of appeals from all final decisions of the district courts.” 28 U. S. C. §1291 .. “That small category includes only decisions that are … effectively unreviewable on appeal from the final judgment in the underlying action.” Swint v. Chambers County Comm’n , 514 U. S. 35 .. If the class of claims, taken as a whole, can be adequately vindicated by other means, “the chance that the litigation at hand might be speeded, or a ‘particular injustic[e]’ averted,” does not provide a basis for §1291 jurisdiction.. (b) Effective appellate review of disclosure orders adverse to the attorney-client privilege can be had by means other than collateral order appeal, including postjudgment review.. Moreover, litigants confronted with a particularly injurious or novel privilege ruling have several potential avenues of immediate review apart from collateral order appeal.. Second, in extraordinary circumstances where a disclosure order works a manifest injustice, a party may petition the court of appeals for a writ of mandamus.. Court for D. C. , 542 U. S. 367 .

On 11/12/2020 Baatz filed a Civil Right - Employment Discrimination court case against Mohawk ESV, Inc , in U.S. District Courts. Court records for this case are available from Georgia Northern District.

Docket (#45) NOTICE Of Filing by Laurie Baatz Right to Sue Letter (Attachments: #1 Exhibit Right To Sue Letter)(Groedel, Caryn) (Entered: 04/28/2021). Docket (#43) NON-FINAL REPORT AND RECOMMENDATION re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Motion to Dismiss Plaintiff's Amended Complaint filed by Jeffery Weaver, Mohawk ESV, Inc.. Docket (#42) MOTION for Order To Hold in Abeyance Defendants' Motion to Dismiss Plaintiff's Amended Complaint by Laurie Baatz.. Docket Submission of #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiff's Amended Complaint, to Magistrate Judge Walter E. Johnson.. Docket (#40) NOTICE by Laurie Baatz PLAINTIFFS NOTICE OF SERVICE OF DISCOVERY REQUESTS TO DEFENDANT JEFFREY WEAVER (Groedel, Caryn) (Entered: 04/06/2021)

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