"i

~
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
DANIEL E. RINALDI. JR.. )
)
Plaintiff, )
) CIVIL ACTION FILE
v. ) NO.2005-CV-I04008
)
ROBERT V. WILLISON, )
)
Defendant. )
)
)
)
ORDER AND JUDGMENT
The above-styled matter came before the Court for a bench trial in which
the Court heard live testimony and received into evidence certain documents
and deposition transcripts. The Court now makes the following Findings of
Fact and Conclusions ofLaw.
The parties were shareholders and employees of a company called
TransOne Inc. (hereinafter "TransOne"). Specifically, the shareholders of
TransOne were Plaintiff, who was the Vice President of Sales and Marketing;
Defendant, who was the Chairman; Michael W. Garone, who was the Chief
Executive Officer; and Steve Gross, who was only a shareholder.
The parties enjoyed a friendship in addition to being shareholders in the
business and working together. At some point, Defendant asked Plaintiff for a
loan and Plaintiff agreed. Plaintiff loaned significant amounts of money to
Defendant and Defendant agreed to repay the principal amount borrowed, plus
interest. In order to obtain the money for the loans Plaintiff used his line of
credit with Wachovia Bank, N.A.
Over a period of time Plaintiff loaned Defendant the total principal amount
of $100,399.00. In repaying the loan Defendant made payments totaling
$25,827.00. The balance of the loan remains unpaid. There was no written
agreement or contract between the parties for the money loaned. After
Defendant failed to fully repay the loan Plaintiff filed this lawsuit seeking
repayment of the outstanding amount owed, plus interest and attorney's fees.
Defendant filed an Answer and Counterclaim in which he claimed that he
received an assignment for a debt Plaintiff allegedly owed to TransOne.
Defendant further argued that based on the alleged assignment he was entitled
to a set-off of the amount he owes and, in fact, Plaintiff owes him roughly
$80,000.00.
The Complaint was filed on July 25, 2005. The Answer and Counterclaim
filed on August 1, 2005. The parties eventually completed discovery and
appeared before Judge Marvin S. Arrington on January 29, 2007, to begin a
jury trial. Prior to jury selection Judge Arrington, sua sponte, dismissed the
'" , + + -+............. --.-.- ...... ... ,. ..... .._ ....... ...- , .....---.-,....".....,... _ iI''' .......... 0
lawsuit on the grounds that the Statute of Frauds required a written contract
between the parties in order for Plaintiff's loan to Defendant to be valid.
Plaintiff filed a Notice of Appeal on February 20, 2007, and Defendant filed
a Notice of Cross Appeal on February 21 , 2007. The Georgia Court of Appeals
eventually reversed Judge Arrington's decision and the case was returned to
this Court for the bench trial which was conducted. Sitting as the trier of fact
the Court finds the fol1owing:
1. Plaintiff loaned Defendant money totaling $100,399.00.
2. Defendant repaid Plaintiff $25,827.00
3. Defendant agreed to pay Plaintiff interest on the money he borrowed.
4. The parties were shareholders in a company called TransOne.
5. At TransOne, Plaintiff was also the Vice President of Sales and
Marketing; Defendant was the Chairman; and Mr. Garone was the Chief
Executive Officer.
6. Over a two year period, Mr. Garone, Plaintiff and Defendant received
money from TransOne totaling approximately $180,000.00 each.
7. At no time did Mr. Garone, Plaintiff and Defendant enter into a written
or oral contract setting forth that they would repay TransOne any of that
money.
8. On August 1, 2005, Mr. Garone, as CEO of TransOne, signed a
document entitled Assignment, which stated: "For value received,
TransOne Inc. hereby assigns to Robert V. Willison, all of its right, title,
and interest in the debt of$179,800.00 owed by Daniel E. Rinaldi, Jr."
9. Plaintiff's counsel worked 21.5 hours on this case, which was fair and
reasonable, at the hourly rate of $425.00 per hour, which was normal and
customary, for a total of$9,137.50.
10. Plaintiff also incurred the following expenses as a result of this
litigation: filing fees of $70.25, service fees of $397.00, courier fees
$111.50, and costs for depositions of $2,266.50. The total expenses
incurred were $2,845.25.
The evidence presented clearly establishes that Plaintiff loaned
Defendant money totaling $100,399.00 and Defendant only repaid $25,827.00.
Therefore, the amount of $74,572.00 remains unpaid. Defendant has alleged
the monies TransOne provided to him, Mr. Garone and Plaintiff were loans.
The Court does not accept this proposition given: (1) the parties never
executed a written agreement for the alleged loans; (2) Mr. Garone, as CEO of
TransOne, never made a demand to Plaintiff for repayment of the alleged
loans; (3) Mr. Garone never paid back to TransOne .any money he received
from TransOne; (4) Defendant never paid TransOne any money back that he
received from TransOne; and (5) Mr. Garone never notified Plaintiff of the
alleged assignment ofthe alleged loan to Defendant.
The assignment of the alleged loan from Mr. Garone to Defendant was
invalid for lack of consideration. An assignment is an absolute, unconditional
and complete transfer of all rights, title, and interest, in whole or in part, under
a contract so that the assignor no longer has any rights from the opposite party
and the assignee acquires that right to perfonnance. Bank v. Cave Spring v.
Gold Kist, Inc., 173 Ga. App. 679, 680, 327 S.E.2d 800 (1985). An assignment
is a contract and in order to be valid must possess the same requisites of any
other contract, including parties, subject matter, mutual assent and
consideration, ld.
Defendant contends that his continued work for TransOne was sufficient
consideration for the assignment of the alleged loan. This argument is without
merit. It is a well settled principle that a promise to do that which the promisor
is already legally bound to do, or the perfonnance of an existing legal
obligation, does not constitute consideration, or sufficient consideration, for a
contract. Blackman v. DeKalb Pipeline Co., 127 Ga. App. 395, 397, 193
S.E.2d 635 (1972). As such, Defendant had a pre-existing legal duty as
Chainnan of TransOne to carry out the duties required of his position
regardless of the assignment. Thus, the assignment lacked consideration.
Also, the evidence showed the purported assignment was not made until
after the Complaint was filed against Defendant. The Complaint was filed on
July 25,2005, and the purported assignment was made on August 1,2005, the
same day Defendant filed his counterclaim. Mr. Garone did not present any
debt on behalf of TransOne to Plaintiff and Mr. Garone never demanded that
Plaintiff repay any alleged debt to TransOne before making the purported
assignment to Defendant.
As a final matter, the purported assignment was invalid because it would
have amounted to a partial assignment for which debtor consent is needed, but
was not obtained in this case. The evidence at trial showed that the funds
provided by TransOne to Plaintiff amounted to at least $180,000.00 and
possibly as high as $182,233.00. However, the purported assignment from
TransOne to Defendant was for $179,800.00. This would amount to a partial
assignment. Under Georgia law, debtor consent (Le., Plaintiff's consent) is
needed for a partial assignment. See Robinson Explosives, Inc. v. Dalton
Contracting Co., 132 Ga. App. 849, 852, 209 S.E.2d 264 (1974). Mr. Garone
never received Plaintiff's consent to make this purported partial assignment,
and consequently the purported assignment is invalid.
Interest on the principal amount is recoverable when "the claim upon
which it was obtained draws interest." O.C.G.A. 9-12-10. Defendant agreed
to repay the loan in full with interest. Moreover, Plaintiff loaned the money by
drawing on his line of credit at Wachovia Bank so he incurred interest charges
from Wachovia Bank when he borrowed the money for the loan to Defendant.
As such, Plaintiff is awarded interest at the rate of 7% per annum simple
interest under O.C.G.A. 7-4-2(a)(1)(A}.
Attorney's fees and litigation expenses are recoverable "where the
plaintiff has specially pleaded and has made prayer therefor and where the
defendant has acted in bad faith, has been stubbornly litigious, or has caused
the plaintiff unnecessary trouble and expense." O.C.G.A. 13-6-11.
Defendant has acted in bad faith by arguing that Plaintiff has an affirmative
duty to repay the alleged loan that is the subject of the assignment and refusing
to repay the balance of the loan that he admits was made to him by Plaintiff.
Defendant also has been stubbornly litigious and caused Plaintiff unnecessary
trouble by failing to pay the balance of the loan and by filing a Counterclaim.
Therefore, Plaintiff is entitled to costs of litigation totaling $11 ,982.75, which
includes $2,845.25 for expenses incurred and $9,137.50 in actual attorney time.
As such, Plaintiff is entitled to a judgment in his favor on the breach of
contract claim and is awarded $74,572.00 on the loan and 7% per annum
simple interest. Plaintiff is also awarded $11,982.75 as expenses for this
litigation and is also entitled to a judgment in his favor against Defendant on
the Counterclaim.
SO ORDERED AND ADJUDGED, this 19
th
day of April, 2010.
JUDGE MELVIN K. WESTMORELAND
SUPERIOR COURT OF FULTON COUNTY
A TLANT A JUDICIAL CIRCUIT
IN THE SUPERIOR COURT OF FULTON COU
STATE OF GEORGIA
DANIEL E. RINALDI, JR., )
)
-(I
Plaintiff, )
) CIVIL ACTION II. v'),
v. ) FILENO. 1-uO.,Ct//07
0
0
d
)
ROBERT V. WILLISON, )
)
Defendant. )
COMPLAINT FOR DAMAGES - JURY TRIAL REQUESTED
Plaintiff, Daniel E. Rinaldi, Jr., brings this action against Defendant, Robert V. Willison,
and states the following:
1.
Plaintiff is an adult individual and citizen of the State of Georgia, residing at 210 Royal
Lytham Court, Duluth, Georgia 30097, in Fulton County.
2.
Defendant is an adult individual and citizen of the State of Georgia, residing at 15 Pointe
Ridge Drive, N.W., Atlanta, Georgia 30328, in Fulton County.
3.
Venue is proper pursuant to O.e.O.A. 14-2-510(1).
FACTS
4.
At all times material hereto, Plaintiff made monetary loans to Defendant in the principal
amount 0[$100,399.00.
ATLANTA1\6036211
----
5.
In or around February, 2002, Plaintiff made an initial loan to Defendant in the amount of
$25,000.00.
6.
Over the remaining months of 2002, Plaintiff made and extended additional loans to
Defendant totaling the principal amount of $100,399.00.
7.
Defendant was obligated to repay the aforementioned loan in full, with interest.
8.
Defendant made payments on the loan in the amounts 0[$20,700.00 in September, 2002;
$1,200.00 in May, 2003; $1,227.00 in June, 2003; $1,200.00 in August, 2003; and $1,500.00 in
June, 2005.
9.
Defendant has made payments on the aforementioned loan in the total amount of
$25,827.00, which is substantially less than the total amount of principal and interest due and
owing on the loan by Defendant.
10.
Defendant has failed to make any additional payments on the loan, including principal
and interest, and to date has not repaid or satisfied the loan in full as he was required to do.
11.
Plaintiff has made repeated requests to Defendant to repay the loan, but Defendant has
failed to do so pursuant to the parties' agreement and by operation of law.
2
<:::: :::::::: i
------
12.
The total amount due and owing by Defendant to Plaintiff is $160,648.00, which includes
$127,742.00 for the principal, interest on the loan of $5,595.00 to date, as well as $27,311.00 in
8-<>sociated costs incurred by Plaintiff to support the loan in light of Defendant's failure to repay
and satisfy the loan.
13.
The interest due and owing on the loan continues to accrue going forward, and will
accrue, until the entire amount of the loan, including principal, interest and associated costs, are
paid in full by Defendant to Plaintiff.
COUNT I - BREACH OF CONTRACT
14.
Plaintiff realleges and incorporates by reference all allegations contained in the preceding
paragraphs 1 through 13 as though the same were fully set Jorth herein.
15.
The parties entered into an oral agreement wherein Plaintiff extended a monetary loan to
Defendant, which Defendant agreed to repay and satisfy in full with interest.
16.
The total amount of the loan, including principal, interest, and associated costs, is
$160,648.00, and Defendant has made five separate payments on the loan totaling $25,827.00,
with the last payment being made in June, 2005.
17.
The time for repayment of the loan in full has expired and Defendant has failed and
refused to repay the loan in full.
3
c:::::::: :::::::::::>" /
18.
Despite repeated requests and demands hy Plaintiff, Defendant has failed and refused to
repay the loan, principal and interest, in full.
19.
Defendant has breached the parties' contract and agreement by failing and refusing to
repay the aforementioned loan, including principal and interest, in full, along with the associated
costs of $27,311.00 incurred by Plaintiff because of Defendant's failure and refusal to repay the
loan.
20.
Because of Defendant's breach of the parties' agreement, Plaintiff has been damaged in
the amount of $160,648.00, and Plaintiff continues to be damaged as interest is accming on the
aforementioned amount.
COUNT TT - CONVERSION AND TROVER
21.
Plaintiffrealleges and incorporates by reference all allegations contained in the preceding
paragraphs 1 through 13 as though the same were fully set forth herein.
22.
At all times material hereto, Plaintiff was the owner and possessor of personal property in
the form of U.S. Currency in the amount 0[$100,399.00.
23.
At all times material hereto, Plaintiff loaned Defendant, on a temporary basis, the
personal property of U.S. Currency in the amount of$1 00,399.00.
4
24.
Defendant agreed to return said personal property to Plaintiff at the time said property
was loaned to Defendant, but Defendant has failed and refused to return said property to
Plaintiff.
25.
Defendant has asserted and exercised complete dominion and control over Plaintiffs
property in denial of Plaintiffs rights and inconsistent with Plaintiffs rights.
26.
Defendant has committed against Plaintiff an unauthorized assumption and exercise of
the right of ownership over personal property belonging to Plaintiff.
27.
As a result of Defendant's unauthorized exercise of dominion and control over Plaintiffs
personal property, and Defendant's refusal to return same to Plaintiff, Plaintiff has been damaged
in the amount of$160,648.00.
COUNT III - STUBBORNLY LITIGIOUS
28.
Plaintiff realleges and incorporates by reference all allegations contained in the preceding
paragraphs I through 27 as though the same were fully set forth herein.
29.
Plaintiff made a legitimate loan to Defendant, which Defendant refused to pay in full
without justification or reason.
5
zz:::::::: ___:::::::::=- r
30.
Despite repeated requests and demands by Plaintiff to Defendant to repay the loan in full,
including principal and interest, Defendant has failed and refused to do so.
32.
Given Defendant's unlawful failure and refusal to repay and satisfy the Joan, Plaintiff has
been forced to file a lawsuit against Defendant.
33.
Plaintiff is therefore entitled to reasonable attorney fees and expenses of litigation
pursuant to D.C.G.A. l3-6-11, as Defendant has acted in bad faith and has been stubbornly
litigious and has caused Plaintiff unnecessary trouble and expenses.
WHEREFORE, Plaintiff demands:
A. That summons and process issued to compel Defendant to appear and answer this
Complaint;
B. That Plaintiff has judgment against Defendant in an amount to be decided by a
trier of fact plus costs and interest as provided by law;
C. A trial by jury; and
D. Such other relief that this Court deems just and proper in the furtherance of
justice.
6
----
Submitted this ~ a y of July, 2005.
COZEN O'CONNOR
BY:
Samuel S. Woodhouse
Georgia Bar No. 755070
Elizabeth], Herre
Georgia Bar No. 349249
SunTrust Plaza, Suite 2200
303 Peachtree Street, N.E.
Atlanta, Georgia 30308-3264
Telephone: (404) 572-2000
Facsimile: (404) 572-2199
Attorneys for Plaintiff
7
<:::::::: :::::::=- '
IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
Daniel E. Rinaldi, Jr.,
PLAINTIFF CIVIL ACTION FILE NO.
v.
;4Jo5(t
l
/ IJ,/oof
Robert V. Willison,
DEFENDANT
SUMMONS
TO THE ABOVE-NAMED DEFENDANT:
You are hereby summoned and required to file with the Clerk of said court and serve upon
the Plaintiffs attorney, whose name and address is:
Samuel S. Woodhouse, Esq.
Cozen O'Connor
Sun Trust Plaza, Suite 2200
303 Peachtree Street NE
Atlanta, Georgia 30308
an answer to the complaint which is herewith served upon you, within 30 days after service of
this summons upon you, exclusive ofthe day of service. If you fail to do so, judgment by default
wil1 be taken against you for the relief demanded in the complaint.
This } J i ~ a y ofJuly, 2005.
Juanita Hicks
Clerk of Superior Court
By:
Deputy Clerl( ()
To Defendant upon whom this petition is served:
This copy ofcomplaint and Summons was served upon you __________-', 2005.
Deputy Sheriff
Instructions: Attach addendum sheet for additional parties if needed; make notation upon this sheet if addendum sheet is used.
SC-1 Rev. 85
<:::::::::_--_::::::>'"
Fulton County Superior Court
Case No. 2005CVI04008
Cathelene Robinson, Clerk
Fulton County
DANIEL E. RINALDI, JR. vs. ROBERT V.
WILLISON
Filed: 07/25/2005
Status: Disposed
Type: DAMAGE
Judge
MEL VIN K. WESTMORELAND
Court Reporter
01/29/07
12/16/10
12/08/10
11/09/09
Defendant Information
DEFENDANT NAME ATTORNEY NAME
WILLISON. ROBERT V Dixon, Tyler Charle
Plaintiff Information
PLAINTIFF NAME ATTORNEY NAME
RINALDI. DANIEL E JR WOODHOUSE. SAMUEL S
Disposition Information
Global Disposition: FINAL ORDER
Events & Orders of the Court
FIFA (E72)
EC - FIFA FILED AND RECORDED 12/17/10 IN LIEN BOOK 1812. PAGE
411
AFFIDAVIT (E71)
MWJ- AFFIDAVIT FOR JUDGMENT AND WRIT OF FIERI FACAS ON JUDGMENT
ORDER AND JUDGMENT (E70)
BTS
LEAVE OF ABSENCE (E69)
TT-TYLER C. DIXON FILES LEAVE FOR 1/11-15/10 AND 1/15/10.
MICROFILMED ON 1/07/10 AND ROLL # 25178.
LEAVE OF ABSENCE (E68)
TT-TYLER C. DIXON FILES LEAVE FOR 11/30/09-12/4/09, 12/28-31/09
AND 1-12/10. FILMED 12/17/09 AND MICROFILM ROLL #
Fulton County Superior Court
Cathelene Robinson, Clerk
Case No. 2005CV 104008
12/04/08
12/01/08
11/24/08
11/17/08
Events &. Orders of the Court (cant.)
25090-25091.
LEAVE OF ABSENCE (E67)
BTS-LEAVE OF ABSENCE OF TYLER C. DIXON FOR
11/16/09-11/20/09
LEAVE OF ABSENCE (E66)
ZMM - LEAVE FOR TYLER C. DIXON
MICROFILMED FILE (E65)
BTS-ROLL NO. 24385 (LEAVE OF ABSENCE)
MICROFILMED FILE (E64)
BTS-ROLL NO. 24337 LEAVE OF ABSENCE
LEAVE OF ABSENCE (E63)
BTS-NOTICE OF LEAVE OF ABSENCE OF TYLER C. DIXON FOR
07/31/09-08/03/09*08/28/09-08/31/09*09/18/09-09/30/09*
LEAVE OF ABSENCE (E62)
BTS-NOTICE OF LEAVE OF ABSENCE OF TYLER C. DIXON FOR
07/02/09-07/10/09*
NOTICE OF PRODUCE (E61)
KJN-DEFENDANT'S NOTICE TO PRODUCE (MICROFILMED 12/9/08
ROLL#23436)
CIVIL JURY TRIAL
LETTER (E60)
CM-LETTER FROM LAW OFFICES OF RAIFORD AND DIXON LLC TO JUDGE
WESTMORELAND REGARDING CONFLICT IN SCHEDULE
NOTICE OF FILING (E59)
ZMM- CONFLICT LETTER SENT TO JUDGE WESTMORELAND (MICROFILMED
12/3/08 ROLL#23413)
LEAVE OF ABSENCE (E58)
LEO-LEAVE OF ABSENCE FOR TYLER C. DIXON FOR SEPT. 17, 2008-0CT.
6, 2008 (FILMED ON 04/30/08 ROLL #22580)
ORDER (E56)
LEO-ORDER MAKING THE JUDGMENT OF THE COURT OF APPEALS THE ORDER
OF THIS COURT
ORDER (E57)
LEO-ORDER MAKING THE JUDGMENT OF THE COURT OF APPEALS THE ORDER
OF THIS COURT
LEAVE OF ABSENCE (E55)
JW-TYLER C DIXON NOTICE FOR LEAVE OF ABSENCE 03/19/08-03/21/08*
TOWN AT A BUSINESS MEETING 04/24/08-04/25/08* OUT OF TOWN AT A
BUSINESS MEETING 07/07/08-07/11-08* FAMILY VACATION
08/13/08-08/28/08*FAMILY VACATION AND BUSINESS TRIP-FILMED ON
02/11/08 ROLL #22247 AND 22248
REMITTITUR (E53)
DC-COURT OF APPEALS CASE #A07A1610 IS CONSIDERED AND ADJUDGED
THAT THE JUDGEMENT OF THE COURT 8ELOW 8E REVERSED
REMITTITUR (E54)
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DC-COURT
THAT
NOTICE
JW-NOTICE
SUITE
ADDRESS
MJT
DIXON,
MJT
NOTICE
EC
NOTICE
04/11/07
04/06/07
04/06/07
Fulton County Superior Court
Cathelene Robinson, Clerk
Case No. 2005 CV 104008
Volume Page
Events & Orders of the Court (cant.)
OF APPEALS CASE #A07A1611 IS CONSIDERED AND ADJUDGED
THE JUDGMENT OF THE COURT BELOW BE REVERSED
OF CHANGE OF ADDRESS (E52)
OF TYLER DISXON CHANGE OF ADDRESS 6065 ROSWELL ROAD
200 ATLANTA, GA 30328
CHANGE (E51)
- NOTICE OF ADDRESS CHANGE FOR TYLER DIXON OF RAIFORD &
LLC
MICROFILMED FILE (E50)
- ROLL #21297
OF DOCKETING (E49)
- NOTICE OF DOCKETING IN THE COURT OF APPEALS (A07A161)
OF DOCKETING (E48)
EC - NOTICE OF DOCKETING IN THE COURT OF APPEALS (A07A1611)
RECORD TRANSMITTED TO SUPREME COURT (E47)
APPELLATE INDEX (E45)
EC - APPELLATE INDEX OF CROSS APPEAL FILED 2/23/07
APPELLATE INDEX (E46)
EC - APPELLATE INDEX OF APPEAL FILED 2/20/07
COST BILL PAID (E43)
TJ\149.50 PD BY SAMUEL WOODHOUSE FOR APPEALS
COST BILL PAID (E44)
TJ\32.50 PD BY RAIFORD&DIXONLLC FOR APPEALS
OTHER (E42)
EC - CERTIFIED MAIL RECEIPT
APPEALS RECEIPT (GREEN CARD) (E41)
LR - COST BILL DELIVERED TO RAIFORD & DIXON LLC ON 2/7/07
COST BILL (E37)
LR - COST BILL FOR NOTICE OF CROSS APPEAL FILED 2/23/07 IN THE
AMOUNT OF $32.50 MAILED TO RAIFORD & DIXON LLC
COST BILL (E38)
LR - COST BILL FOR NOTICE OF APPEAL FILED 2/20/07 IN THE AMOUNT
OF $149.50 MAILED TO SAMUEL WOODHOUSE
NOTICE (E39)
EC - NOTICE OF FILING 1/29/07 MOTIONS TRANSCRIPT
TRANSCRIPT (E40)
EC - SEALED MOTION TRANSCRIPT BEFORE JUDGE ARRINGTON - ORIGINAL
ONLY
TRANSCRIPT (E36)
MJT - MOTIONS TRANSCRIPT OF HEARING BEFORE THE HONORABLE MARVIN
ARRINGTON, SR., JUDGE, JANUARY 29, 2007 (ORIGINAL + 1 COPY)
APPEAL (E35)
TV-DEFENDANT'S NOTICE OF CROSS APPEAL
APPEAL (E34)
AC-COURT OF APPEALS
c:::::::: :=:::::=>= '
Fulton County Superior Court
Cathelene Robinson, Clerk
Case No. 2005CVI04008
12/19/06
11/28/06
05/12/06
Volume Page
Events &. Orders of the Court (cant.)
AFFIDAVIT (E32)
MJT - RACHEL M. BASS PERSONALLY SERVED MICHAEL W. GARONE
JANUARY 17, 2007
AFFIDAVIT (E33)
MJT - EARL W. GAYLE PERSONALLY SERVED STEVE GROSS JANUARY 8,
2007
PRETRIAL ORDER SIGNED BY JUDGE (E30)
MJT - PRETRIAL ORDER
DISMISSALS (E31)
MJT - FINAL ORDER OF DISMISSAL
CIVIL JURY TRIAL
NOTICE (E29)
EC - NOTICE TO TAKE DEPOSITION OF MICHAEL GARONE AND NOTICE TO
PRODUCE
CIVIL PRE-TRIAL CONFERENCES
NOTICE (E28)
MJT - NOTICE OF PLAINTIFF'S ABSENCE: JANUARY 2 - 18, 2007
MOTION (E27)
CK-DEFT'S MOTION FOR PRETRIAL ORDER
CERTIFICATE OF SERVICE (E26)
CK-CERTIFICATE OF SERVICE REGARDING DISCOVERY RE: DEFT'S SECOND
REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFT'S THIRD REQUEST
FOR PRODUCTION OF DOCUMENTS
LEAVE OF ABSENCE (E25)
EC - NOTICE OF LEAVE OF ABSENCE FOR TYLER C. DIXON (11/1/06
11/7/06)
PROCESS SERVER ENTRY OF SERVICE (E24)
CK-AFFIDAVIT OF SERVICE ON STEVE GROSS C/O ELIZABETH PLUM,
SECRETARY ON JUN 6, 2006
CERTIFICATE OF SERVICE (E23)
CK-CERTIFICATE OF SERVICE RE: PLAINTIFF'S SUBPOENA FOR
DEPOSITION REGARDING MICHAEL GARONE
ORDER (E22)
CK-ORDER FOR MEDIATION TO BE COMPLETED NO LATER THAN JUL 31.
2006
MOTION (E21)
CK-PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DISCOVERY UP TO AND
INCLUDING MAY 30, 2006
CERTIFICATE OF SERVICE (E20)
CK-CERTIFICATE OF SERVICE RE: PLAINTIFF'S SUPPLEMENTAL RESPONSE
TO DEFT'S FIRST NOTICE AND REQUEST FOR PRODUCTION OF DOCUMENTS
AFFIDAVIT (E18)
CK-AFFIDAVIT OF SERVICE ON STEVE GROSS C/O JUDY WALKER
(ASSISTANT) ON MAY 8, 2006
AFFIDAVIT (E19)
c:::::::::: ___- ~ ,
Fulton County Superior Court
Cathelene Robinson, Clerk
Case No. 2005CVI04008
05/08/06
04/24/06
03/09/06
03/06/06
03/06/06
01/10/06
11/23/05
11/23/05
11/1B/05
11/03/05
10/03/05
09/27/05:
09/06/05
Volume Page
Events & Orders of the Court (cant.)
CK-AFFIDAVIT OF SERVICE ON MICHAEL W. GARONE ON MAY 5, 2006
CERTIFICATE OF SERVICE (E16)
CK-CERTIFICATE OF SERVICE RE: PLAINTIFF'S SUBPOENA FOR
DEPOSITION REGARDING STEVE GROSS
CERTIFICATE OF SERVICE (E17)
CK-CERTIFICATE OF SERVICE RE: PLAINTIFF'S SUBPOENA FOR
DEPOSITION REGARDING MICHAEL GARONE
CONSENT ORDER (E15)
CK-CONSENT ORDER EXTENDING DISCOVERY PERIOD UP TO AND INCLUDING
MAY 30, 2006
RESPONSE (E14)
CK-DEFT'S RESPONSE TO PLAINTIFF'S REQUEST TO EXTEND DISCOVERY
MOTION (E12)
EC PLAINTIFF'S MOTION TO EXTEND DISCOVERY FOR 120 DAYS
BRIEF 13)
EC PLAINTIFF'S BRIEF IN SUPPORT OF MOTION TO EXTEND DISCOVERY
CERTIFICATE OF SERVICE (E11)
CK-CERTIFICATE OF SERVICE REGARDING DISCOVERY RE: DEFT'S FIRST
NOTICE AND REQUEST FOR PRODUCTION OF DOCUMENTS AND DEFT'S FIRST
INTERROGATORIES TO PLAINTIFF
CERTIFICATE OF SERVICE (E9)
CK-UNIFORM RULE 5.2 CERTIFICATE OF SERVICE RE: REQUEST FOR
PRODUCTION OF DOCUMENTS TO NON-PARTY SERVED ON: TYLER DIXON.
ESQUIRE; MICHAEL W. GARONE (PRESIDENT AND CEO OF TRANS ONE,
INC.); AND ROBERT T. TIFVERMAN, ESQUIRE
CERTIFICATE OF SERVICE (E10)
CK-UNIFORM RULE 5.2 CERTIFICATE OF SERVICE RE: REQUEST FOR
PRODUCTION OF DOCUMENTS TO NON-PARTY SERVED ON: TYLER DIXON,
ESQUIRE; STEVE GROSS (HLB GROSS COLLINS, P.C.): AND ROBERT T.
TIFVERMAN, ESQUIRE
LEAVE OF ABSENCE (E8)
CK-NOTICE OF LEAVE OF ABSENCE FOR TYLER C. DIXON FROM JAN 10,
2006 THROUGH AND INCLUDING JAN 18, 2006; AND FEB 27, 2006
THROUGH AND INCLUDING MAR 3, 2006
CERTIFICATE OF SERVICE (E7)
CK-CERTIFICATE OF SERVICE REGARDING DISCOVERY RE: DEFT'S
RESPONSE TO PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS AND
DEFT'S RESPONSE TO PLAINTIFF'S FIRST INTERROGATORIES
CERTIFICATE OF SERVICE (E6)
CK-UNIFORM RULE 5.2 CERTIFICATE OF SERVICE RE: PLAINTIFF'S
INTERROGATORIES TO DEFT AND PLAINTIFF'S REQUEST FOR PRODUCTION
OF DOCUMENTS TO DEFT
ANSWER (E5)
CK-PLAINTIFF'S ANSWER TO DEFT'S COUNTERCLAIM
ANSWER (E4)
I
Fulton County Superior Court
Cathelene Robinson, Clerk
Case No. 2005CVI04008
Volume Page
Events ,;; Orders of the Court (cont.)
CK-ANSWER AND COUNTERCLAIM OF DEFT
SHERIFF'S ENTRY OF SERVICE (E3)
CK-RDBERT WILLISON SERVED ON AUG 8, 2005
PLAINTIFF'S ORIGINAL PETITION (El)
TV
CASE INITIATION FORM (E2)
TV
Jury Trial Requested