This case was last updated from U.S. District Courts on 04/24/2021 at 10:46:12 (UTC).

Medical Pavilion Inc et al v. Jonathan Arnell McNabb 2009 Irrevocable Trust, The et al

Case Summary

On 02/23/2021 Medical Pavilion Inc filed an Other lawsuit against Jonathan Arnell McNabb 2009 Irrevocable Trust, The. This case was filed in U.S. District Courts, South Carolina District. The Judge overseeing this case is Richard M Gergel. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    9:21-CV-00550

  • Filing Date:

    02/23/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Courthouse:

    South Carolina District

Judge Details

Presiding Judge

Richard M Gergel

 

Party Details

Plaintiffs

Natasha Viswanathan Trust, The

Medical Pavilion Inc

Vijay Viswanathan Trust, The

Defendants

Millard V Oakley

Jonathan Arnell McNabb 2009 Irrevocable Trust, The

Garry W McNabb

Kendall Vaughn Smith 1999 Irrevocable Trust, The

Rachel Elizabeth McNabb 2009 Irrevocable Trust, The

Attorney/Law Firm Details

Plaintiff Attorneys

P Benjamin Zuckerman

Attorney at Berger Singerman

2650 North Military Trail, Suite 240

Boca Raton, FL 33431

Harold Fred Kuhn, Jr

Attorney at Moss Kuhn and Fleming

Po Drawer 507

Beaufort, SC 29901

Defendant Attorneys

Curtis Lee Coltrane

Attorney at Coltrane and Wilkins

Po Box 6808

Hilton Head Island, SC 29938

Robert Andrew Walden

Attorney at Womble Bond Dickinson US LLP

5 Exchange Street, Po Box 999

Charleston, SC 29402

Charles J Baker, III

Attorney at Womble Bond Dickinson US LLP

5 Exchange Street, Po Box 999

Charleston, SC 29402

 

Court Documents

#21

(#21) RESPONSE in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the Alternative to Stay and Compel Arbitration Response filed by Millard V Oakley. (Coltrane, Curtis) (Entered: 04/20/2021)

#20

(#20) RESPONSE in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the Alternative to Stay and Compel Arbitration Response filed by Kendall Vaughn Smith 1999 Irrevocable Trust, The. (Coltrane, Curtis) (Entered: 04/20/2021)

19 #3

Exhibit C: 2020 Email Acknowledging Arbitration Provision

19 #2

Exhibit B: 2015 Emails Regarding Management Fees and Leasing Commissions

19 #1

Exhibit A: 2011 and 2019 K-1 Forms for McNabb Trusts

#19

(#19) AFFIDAVIT in Support re #18 Reply to Response to Motion, . (Attachments: #1 Exhibit A: 2011 and 2019 K-1 Forms for McNabb Trusts, #2 Exhibit B: 2015 Emails Regarding Management Fees and Leasing Commissions, #3 Exhibit C: 2020 Email Acknowledging Arbitration Provision)(Baker, Charles) (Main Document 19 replaced on 4/21/2021) (sshe, ). Modified on 4/21/2021 to replace with corrected signature document as provided by filing user(sshe, ). (Entered: 04/20/2021)

#18

(#18) REPLY to Response to Motion re #9 MOTION to Stay and Compel Arbitration Response filed by Jonathan Arnell McNabb 2009 Irrevocable Trust, The, Garry W McNabb, Rachel Elizabeth McNabb 2009 Irrevocable Trust, The. (Baker, Charles) (Entered: 04/20/2021)

#17

(#17) Amended RESPONSE in Opposition re #9 MOTION to Stay and Compel Arbitration Amended Response filed by Medical Pavilion Inc.Reply to Response to Motion due by 4/21/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kuhn, Harold) Modified on 4/14/2021 to edit docket text(sshe, ). (Entered: 04/14/2021)

16 #1

Exhibit A Property Management Agreement

11 #1

Memo in Support

#11

(#11) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the Alternative to Stay and Compel Arbitration by Kendall Vaughn Smith 1999 Irrevocable Trust, The, Millard V Oakley. Response to Motion due by 4/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Coltrane, Curtis) (Entered: 03/31/2021)

9 #6

Exhibit E - 2011 Agreement

9 #5

Exhibit D MPLLC Operating Agreement

9 #4

Exhibit C Articles of Organization Medical Pavilion of Hilton Head, LLC

9 #3

Exhibit B - Demand for Arbitration and Statement of Claim

9 #2

Exhibit A -McNabb Trusts Certificates of Membership

9 #1

Memo in Support

#9

(#9) MOTION to Stay and Compel Arbitration by Jonathan Arnell McNabb 2009 Irrevocable Trust, The, Garry W McNabb, Rachel Elizabeth McNabb 2009 Irrevocable Trust, The. Response to Motion due by 4/5/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A -McNabb Trusts Certificates of Membership, #3 Exhibit B - Demand for Arbitration and Statement of Claim, #4 Exhibit C Articles of Organization Medical Pavilion of Hilton Head, LLC, #5 Exhibit D MPLLC Operating Agreement, #6 Exhibit E - 2011 Agreement)No proposed order.(Baker, Charles) (Entered: 03/22/2021)

23 More Documents Available

 

Docket Entries

  • 04/20/2021
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  • Docket(#21) RESPONSE in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the Alternative to Stay and Compel Arbitration Response filed by Millard V Oakley. (Coltrane, Curtis) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#20) RESPONSE in Support re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the Alternative to Stay and Compel Arbitration Response filed by Kendall Vaughn Smith 1999 Irrevocable Trust, The. (Coltrane, Curtis) (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#19) AFFIDAVIT in Support re #18 Reply to Response to Motion, . (Attachments: #1 Exhibit A: 2011 and 2019 K-1 Forms for McNabb Trusts, #2 Exhibit B: 2015 Emails Regarding Management Fees and Leasing Commissions, #3 Exhibit C: 2020 Email Acknowledging Arbitration Provision)(Baker, Charles) (Main Document 19 replaced on 4/21/2021) (sshe, ). Modified on 4/21/2021 to replace with corrected signature document as provided by filing user(sshe, ). (Entered: 04/20/2021)

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  • 04/20/2021
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  • Docket(#18) REPLY to Response to Motion re #9 MOTION to Stay and Compel Arbitration Response filed by Jonathan Arnell McNabb 2009 Irrevocable Trust, The, Garry W McNabb, Rachel Elizabeth McNabb 2009 Irrevocable Trust, The. (Baker, Charles) (Entered: 04/20/2021)

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  • 04/14/2021
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  • Docket(#17) Amended RESPONSE in Opposition re #9 MOTION to Stay and Compel Arbitration Amended Response filed by Medical Pavilion Inc.Reply to Response to Motion due by 4/21/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kuhn, Harold) Modified on 4/14/2021 to edit docket text(sshe, ). (Entered: 04/14/2021)

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  • 04/13/2021
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  • Docket(#16) AFFIDAVIT re #14 Response in Opposition to Motion, #15 Response in Opposition to Motion, by Medical Pavilion Inc. (Kuhn, Harold) (Main Document 16 replaced on 4/14/2021) (sshe, ). (Additional attachment(s) added on 4/14/2021: #1 Exhibit A Property Management Agreement) (sshe, ). Modified on 4/14/2021 to replace with corrected signature document provided by filing user, to add attachment document as requested and provided by filing user(sshe, ). (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#15) RESPONSE in Opposition re #9 MOTION to Stay and Compel Arbitration Response filed by Medical Pavilion Inc.Reply to Response to Motion due by 4/20/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kuhn, Harold) (Entered: 04/13/2021)

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  • 04/13/2021
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  • Docket(#14) RESPONSE in Opposition re #11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the Alternative to Stay and Compel Arbitration Response filed by Medical Pavilion Inc.Reply to Response to Motion due by 4/20/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Kuhn, Harold) (Entered: 04/13/2021)

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  • 04/05/2021
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  • Docket(#13) TEXT ORDER granting #12 Consent Motion for Extension of Time until 4/14/21 for Plaintiff's to file a responsive brief to the Motion to Stay and Compel Arbitration. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 4/5/21.(ltap, ) (Entered: 04/05/2021)

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  • 04/05/2021
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  • Docket(#12) MOTION for Extension of Time to File Responsive Brief by Medical Pavilion Inc. Response to Motion due by 4/19/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kuhn, Harold) (Entered: 04/05/2021)

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  • 03/31/2021
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  • Docket(#11) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM In the Alternative to Stay and Compel Arbitration by Kendall Vaughn Smith 1999 Irrevocable Trust, The, Millard V Oakley. Response to Motion due by 4/14/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Coltrane, Curtis) (Entered: 03/31/2021)

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  • 03/31/2021
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  • Docket(#10) NOTICE of Appearance by Robert Andrew Walden on behalf of Jonathan Arnell McNabb 2009 Irrevocable Trust, The, Garry W McNabb, Rachel Elizabeth McNabb 2009 Irrevocable Trust, The (Walden, Robert) (Entered: 03/31/2021)

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  • 03/22/2021
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  • Docket(#9) MOTION to Stay and Compel Arbitration by Jonathan Arnell McNabb 2009 Irrevocable Trust, The, Garry W McNabb, Rachel Elizabeth McNabb 2009 Irrevocable Trust, The. Response to Motion due by 4/5/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A -McNabb Trusts Certificates of Membership, #3 Exhibit B - Demand for Arbitration and Statement of Claim, #4 Exhibit C Articles of Organization Medical Pavilion of Hilton Head, LLC, #5 Exhibit D MPLLC Operating Agreement, #6 Exhibit E - 2011 Agreement)No proposed order.(Baker, Charles) (Entered: 03/22/2021)

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  • 03/11/2021
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  • Docket(#7) ACCEPTANCE OF SERVICE OF COMPLAINT by Medical Pavilion Inc. Kendall Vaughn Smith 1999 Irrevocable Trust, The served on 3/11/2021, answer due 4/1/2021. (Kuhn, Harold) (Entered: 03/11/2021)

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  • 03/02/2021
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  • Docket(#5) ACCEPTANCE OF SERVICE OF COMPLAINT by Medical Pavilion Inc. Garry W McNabb served on 3/1/2021, answer due 3/22/2021. (Kuhn, Harold) (Entered: 03/02/2021)

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  • 02/23/2021
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  • Docket(#3) Summons Issued as to All Defendants. (sshe, ) (Entered: 02/24/2021)

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  • 02/23/2021
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  • Docket(#2) Local Rule 26.01 Answers to Interrogatories by Medical Pavilion Inc, Natasha Viswanathan Trust, The, Vijay Viswanathan Trust, The.(sshe, ) (Entered: 02/24/2021)

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  • 02/23/2021
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  • Docket(#1) COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0420-9666607.), filed by Natasha Viswanathan Trust, The, Medical Pavilion Inc, Vijay Viswanathan Trust, The. Service due by 5/24/2021 (Attachments: #1 Exhibit Agreement)(sshe, ) (Additional attachment(s) added on 2/24/2021: #2 Exhibit Email) (sshe, ). (Entered: 02/24/2021)

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