Google Answers Logo
View Question
 
Q: Need details of a lawsuit ( No Answer,   0 Comments )
Question  
Subject: Need details of a lawsuit
Category: Business and Money
Asked by: gtg-ga
List Price: $15.00
Posted: 02 Mar 2003 17:01 PST
Expires: 01 Apr 2003 17:01 PST
Question ID: 169751
A company "Divine Inc." (or it's subsidiary "divine Whittman-Hart")
had filed a lawsuit against another company "Haverstick Consulting". 
Havestick was formed by a lot of people who left Whittman-Hart after
Whittman-Hart was acquired by Divine.  Divine filed a lawsuit against
Haverstick alleging breach of non-compete aggreements.
I heard that the lawsuit was either thrown out or was settled out of
the court.
Can someone provide me the details of this lawsuit.
The details I need are
1. date filed
2. briefs
3. outcome
4. any relevent court documents

divine's HQ is in Chicago while Haverstick HQ is in Carmel IN.

Request for Question Clarification by pafalafa-ga on 02 Mar 2003 17:30 PST
The summary citation below sounds like your case, though it doesn't
mention Haverstick directly (by the way, is it Havestick or HaveRstick
-- you spell it both ways).

Anyway, it seems the judge tried to have the case moved to another
venue but I haven't found the follow up materials to this.  I'm afraid
at the price offered for this question, it is difficult to dig much
deeper, as there is a charge to access court materials.


divine/Whittman-Hart, Inc. v. King,  
 
"Magistrate recommended transferring case to venue where substantial
part of relevant events--where former employees allegedly breached
their duty of loyalty by forming competitor company--occurred, and
where all defendants could be kept together."

Clarification of Question by gtg-ga on 04 Mar 2003 09:15 PST
Sorry for the typo - the name of the company is Haverstick Consulting.
 The web site is www.HaverstickConsulting.com.
Can you give me a rough idea how much they charge for accessing the
court materials.
And I am not sure if the "King" company is same as Haverstick.
But I am looking for a precedent.  So even if King turns out to be
different than Haverstick, thats ok.

Request for Question Clarification by pafalafa-ga on 04 Mar 2003 09:42 PST
Here's the full docket from the case, that I found available for
almost no charge (it cost me 56 cents!).  The docket simply lists the
actual documents filed in the case, but you can get the gist of what's
going on.  To access a fuller summary description of the case would
cost about $10 from Lexis/Nexis.

By the way, I did not see any cases involving Haverstick Consulting --
might they have used a different name?

If this information meets your needs, let me know, and I'll post it as
an answer to this question.


U.S. District Court

Northern District of Illinois (Chicago) 

CIVIL DOCKET FOR CASE #: 02-CV-2486

Divine/Whittman-Hart v. King, et al 

Filed: 04/05/02 
Assigned to: Hon. George M. Marovich 
Demand: $0,000 
Nature of Suit: 190 
Lead Docket: None 
Jurisdiction: Diversity 
Dkt# in other court: None 
Cause: 28:1332 Diversity-Other Contract 



--------------------------------------------------------------------------------



DIVINE/WHITTMAN-HART, INC., an    John Anthony Ybarra
Illinois corporation              [COR LD NTC A]
     plaintiff                    Shanthi V. Gaur
                                  [COR]
                                  John V. Fenton
                                  [COR]
                                  Littler Mendelson, P.C.
                                  200 North LaSalle Street
                                  Suite 2900
                                  Chicago, IL 60601
                                  (312) 372-5520

   v.

KEITH KING                        Keith King
     defendant                    [NTC] [PRO SE]
                                  120 Birchwood Trail Drive
                                  Maryland Heights, MO 63043
                                  314-496-2177

DERRICK ROBINSON                  Derrick Robinson
     defendant                    [COR NTC] [PRO SE]
                                  5850 Plantation Drive
                                  Rosewell, GA 30075
                                  (770) 855-3781

JOYENDU MUKHERJEE                 Daniel J. Zollner
     defendant                    [COR]
                                  Kevin Patrick McJessy
                                  [COR LD NTC A]
                                  Lord, Bissell & Brook
                                  115 South LaSalle Street
                                  Chicago, IL 60603

                                  (312) 443-0700

SOVERIGN CONSULTANTS, INC.        Soverign Consultants, Inc.
     defendant                    [NTC] [PRO SE]
                                  c/o Keith King
                                  120 Birchwood Trial Drive
                                  Maryland Heights, MO 63043
                                  314-496-2177





--------------------------------------------------------------------------------


DOCKET     PROCEEDINGS 


--------------------------------------------------------------------------------

DATE     #                   DOCKET     ENTRY 



4/5/02   1       COMPLAINT (Attachments) Civil cover sheet -
Appearance(s)
                 of Shanthi V. Gaur, John V. Fenton, John Anthony
Ybarra as
                 attorney(s) for plaintiff ( Three original and three
copies
                 summons(es) issued.) ( Documents: (1-1 through 1-3))
(nf)
                 [Entry date 04/08/02]

4/5/02   --      RECEIPT regarding payment of filing fee paid; on
4/5/02
                 in the amount of $ 150.00,  receipt # 108196. (nf)
                 [Entry date 04/08/02]

4/5/02   2       NOTIFICATION OF AFFILIATES by plaintiff. (nf)
                 [Entry date 04/08/02]

4/8/02   --      SUMMONS issued, original and one copy as to defendant
                 Soverign Consultants. (yp) [Entry date 04/09/02]

4/15/02  --      SUMMONS issued, four originals and four copies as to
                 defendants Keith King, Derrick Robinson, Joyendu
Mukherjee,
                 Soverign Consultants. (yp) [Entry date 04/16/02]

4/15/02  4       EMERGENCY MOTION by plaintiff to appoint special
process
                 server; Notice. (yp) [Entry date 04/18/02]

4/15/02  5       EMERGENCY MOTION by plaintiff for expedited
discovery. (yp)
                 [Entry date 04/18/02] [Edit date 05/15/02]

4/17/02  3       REFERRAL ORDER of 4/17/02 This case is referred to
the
                 Honorable Michael T. Mason from Honorable George M.
                 Marovich for plaintiff's emergency motions for
expedited
                 discovery and to appoint special process server. (For
                 further detail see order.) Mailed notice (yp)
                 [Entry date 04/18/02]

4/17/02  6       MINUTE ORDER of 4/17/02 by Honorable Michael T. Mason
:
                 Plaintiff's emergency motion to appoint special
process
                 server is granted [4-1]. Plaintiff's emergency motion
for
                 expedited discovery [5-1] is entered and continued to
a
                 date after all defendants have been served.
Palintiff's
                 counsel to contact magistrate Judge Mason's courtroom
                 deputy, 312/435-6051, once all defendants have been
served.
                 Mailed notice (yp) [Entry date 04/18/02]

5/1/02   7       MINUTE ORDER of 5/1/02 by Honorable Michael T. Mason
: Oral
                 argument on plaintiff's emergency motion for
expedited
                 discovery [5-1] is set for 5/15/02 at 10:00 a.m. in
                 courtroom 2214. Plaintiff is ordered to provide a
copy of
                 this order to all defendants. Any response is to be
filed
                 by 5/13/02 with a courtesy copy delivered to the
courtroom
                 deputy, room 2220. Mailed notice by judge's staff.
(yp)
                 [Entry date 05/02/02]

5/6/02   8       ATTORNEY APPEARANCE for defendant Joyendu Mukherjee
by
                 Kevin Patrick McJessy and Daniel J. Zollner. (sb)
                 [Entry date 05/07/02]

5/6/02   10      REQUEST by defendant Derrick Robinson for extension.
(yp)
                 [Entry date 05/09/02]

5/6/02   20      MOTION by defendant Joyendu Mukherjee to dismiss the
                 lawsuit for lack of jurisdiction, and for improper
                 venue, or, in the alternative to transfer venue to
the
                 Northern District of Georgia; Memorandum of law in
support
                 (Attachment); Notice. (yp) [Entry date 05/17/02]

5/7/02   9       MINUTE ORDER of 5/7/02  by Honorable Michael T. Mason
:
                 Oral argument on plaintiff's motion for expedited
discoery
                 [5-1] reset on 5/15/02 at 11:00 a.m. in courtroom
2214.
                 Mailed notice (yp) [Entry date 05/08/02]

5/7/02   11      MINUTE ORDER of 5/7/02 by Hon. George M. Marovich :
Status
                 hearing set for 6/19/02 at 11:00 a.m. Parties are
directed
                 to submit a joint status report on or before 6/15/02.
                 Plaintiff is directed to inform the defendants of the
                 status date. Request for extension of time filed by
                 defendant Derrick Robinson is granted. Mr. Robinson
is
                 granted leave to file his answer to complaint on or
before
                 5/15/02. Mailed notice (yp) [Entry date 05/09/02]

5/10/02  12      RETURN OF SERVICE executed as to defendant Soverign
                 Consultants on 4/11/02. (yp) [Entry date 05/13/02]

5/10/02  13      RETURN OF SERVICE executed as to defendant Derrick
Robinson
                 on 4/15/02. (yp) [Entry date 05/13/02]

5/13/02  14      LETTER from defendant Keith King to Honorable Judge
Mason.
                 (yp) [Entry date 05/14/02]

5/13/02  15      RESPONSE by defendant Keith King to plaintiff's
emergency
                 motion for expedited discoery [5-1]. (yp)
                 [Entry date 05/14/02]

5/13/02  16      RESPONSE by defendant Derrick Robinson to plaintiff's
                 emergency motion for expedited discoery [5-1]. (yp)
                 [Entry date 05/14/02]

5/13/02  17      RESPONSE by defendant Joyendu Mukherjee to
plaintiff's
                 emergency motion for expedited discoery [5-1]. (yp)
                 [Entry date 05/14/02]

5/14/02  18      REPLY by plaintiff in further support of its
emergency
                 motion for expedited discovery [5-1] (Attachments).
(yp)
                 [Entry date 05/15/02]

5/14/02  19      MEMORANDUM OF LAW by defendant Derrick Robinson in
support
                 of his motion to dismiss for lack of personal
jurisdiction
                 and for improper venue or, in the alternative, motion
to
                 transfer venue to the Northern District of Georgia
                 (Attachment). (yp) [Entry date 05/15/02]

5/15/02  21      MINUTE ORDER of 5/15/02 by Hon. George M. Marovich :
                 Defendant's motion to dismiss the lawsuit for lack of
                 jurisdiction [20-1] and for improper venue [20-2] or,
in
                 the alternative to transfer venue to the Northern
District
                 of Georgia [20-3] is entered and continued. Said
motion is
                 referred to Magistrate Judge Mason for report and
                 recommendation. Referral to Magistrate Judge Mason is
                 hereby enhanced to include issue report and
recommendation
                 on motion(s) to dismiss. Mailed notice (yp)
                 [Entry date 05/17/02]

5/15/02  22      MINUTE ORDER of 5/15/02  by Honorable Michael T.
Mason :
                 Oral argument held. Plaintiff's emergency motion for
                 expedited discovery is denied [5-1]. However,
defendant
                 Keith King is ordered to provide a minimum two weeks
notice
                 to plaintiff's counsel before leaving the country so
that
                 his deposition can be completed before his departure.
                 Plaintiff's response to defendants' motions to
dismiss or,
                 in the alternative, to transfer venue to be filed on
or
                 before 5/29/02 [20-1, 20-2, 20-3]. Defendants'
replies to
                 be filed by 6/5/02. Courtesy copies of all filings to
be
                 delivered to the courtroom deputy, room 2220.
Defendants
                 Keith King and Derek Robinson have until 5/31/02 in
which
                 to hire counsel or file a pro se appearance. Parties
to
                 conduct a Rule 26(f) conference by 6/14/02. Mailed
notice
                 by judge's staff. (yp) [Entry date 05/17/02]

5/21/02  23      RETURN OF SERVICE executed as to defendant Joyendu
                 Mukherjee on 5/10/02. (yp) [Entry date 05/22/02]

5/21/02  24      RETURN OF SERVICE executed as to defendant Keith King
on
                 4/26/02. (yp) [Entry date 05/22/02]

5/21/02  27      MOTION by plaintiff for entry of default against
defendant
                 Soverign Consultants, Inc. (Attachments); Notice.
(yp)
                 [Entry date 05/31/02]

5/22/02  25      RESPONSE by defendant Keith King to plaintiff's
emergency
                 motion for expedited discovery [5-1]. (yp)
                 [Entry date 05/28/02]

5/22/02  26      MEMORANDUM OF LAW by defendant Keith King in support
of his
                 motion to dismiss for lack of personal jurisdiction
[20-1]
                 and for improper venue [20-2] or, in the alternative,
                 motion to transfer venue to the Northern District of
                 Georgia [20-3]. (yp) [Entry date 05/28/02]

5/29/02  28      MINUTE ORDER of 5/29/02 by Hon. George M. Marovich :
                 Plaintiff's motion for entry of default against
defendant
                 Soverign Consultants, Inc. is denied for the reasons
stated
                 in open court [27-1]. Defendant to file an appearance
and
                 asnwer on or before 6/19/02. Mailed notice (yp)
                 [Entry date 05/31/02]

5/29/02  29      MOTION by plaintiff for leave to file instanter a
brief in
                 excess of fifteen pages; Notice. (yp) [Entry date
05/31/02]

5/29/02  30      MOTION by plaintiff for leave to file instanter a
brief in
                 excess of fifteen pages; Notice. (yp) [Entry date
05/31/02]

5/29/02  31      MOTION by plaintiff for leave to file instanter a
brief in
                 excess of fifteen pages; Notice. (yp) [Entry date
05/31/02]

5/29/02  32      RESPONSE by plaintiff to defendant Robinson's motion
to
                 dismiss for lack of personal jurisdiction and for
improper
                 venue or, in the alternative, motion to transfer
venue to
                 the Northern District of Georgia (Attachments). (yp)
                 [Entry date 05/31/02]

5/29/02  33      RESPONSE by plaintiff to defendant Mukherjee's motion
to
                 dismiss the lawsuit for lack of jurisdiction [20-1]
and for
                 improper venue [20-2] or, in the alternative, motion
to
                 transfer venue to the Northern District of Georgia
[20-3]
                 (Attachments). (yp) [Entry date 05/31/02]

5/29/02  34      RESPONSE by plaintiff to defendant King's motion to
dismiss
                 for lack of personal jurisdiction and for improper
venue
                 or, in the alternative, motion to transfer venue to
the
                 Northern District of Georgia (Attachments). (yp)
                 [Entry date 05/31/02]

5/30/02  35      MINUTE ORDER of 5/30/02 by Honorable Michael T. Mason
:
                 Plaintiff's motions for leave to file instanter a
brief in
                 excess of fifteen pages in response to defendants
                 Robinson's, Mukherjee's and King's motions to dismiss
for
                 lack of personal jurisdiction or motions to transfer
venue
                 are granted [31-1], [30-1], [29-1]. No appearance is
                 required on the noticed motion date of 6/5/02. Mailed
                 notice (yp) [Entry date 05/31/02]

5/31/02  41      MEMORANDUM by defendant Keith King in support of his
motion
                 to delay. (nf) [Entry date 06/10/02]

5/31/02  42      NOTICE of Appearance by pro se defendant Keith King.
(nf)
                 [Entry date 06/10/02]

6/4/02   38      PRO SE APPEARANCE by Derrick Robinson (Attachment).
(cv)
                 [Entry date 06/07/02]

6/4/02   39      RESPONSE by defendant Sovereign Consultants Inc
Pro-Se to
                 plaintiff's response [20-1]. (nf) [Entry date
06/10/02]

6/4/02   40      RESPONSE by defendant Keith King's Pro-Se to
plaintiff's
                 response [20-1]. (nf) [Entry date 06/10/02]

6/5/02   36      REPLY memorandum by defendant Joyendu Mukherjee in
support
                 of his motion to dismiss [20-1], or alternatively to
                 transfer to the Northern District of Georgia [20-3]
                 (Attachments). (hb) [Entry date 06/06/02]

6/5/02   37      RESPONSE by defendant Derrick Robinson to plaintiff's
                 response to defendant's motion to dismiss for lack of
                 personal jurisdiction and for improper venue [20-1];
                 Notice. (hb) [Entry date 06/06/02]

6/17/02  43      JOINT STATUS REPORT by plaintiff. (yp) [Entry date
06/18/02]

6/18/02  44      PRO SE ATTORNEY APPEARANCE for defendant Keith King,
                 Sovereign Inc. by Keith King. (yp) [Entry date
06/21/02]

6/18/02  45      MEMORANDUM by defendant Keith King in support of his
motion
                 to delay. (yp) [Entry date 06/21/02]

6/18/02  46      RESPONSE by defendants Keith King, Soverign
Consultants to
                 plaintiff's motion for entry of default [27-1]. (yp)
                 [Entry date 06/21/02]

6/18/02  47      RESPONSE by defendants Keith King, Soverign
Consultants to
                 plaintiff's emergency motion for expedited discovery.
(yp)
                 [Entry date 06/21/02]

6/18/02  48      MEMORANDUM OF LAW by defendants Keith King, Soverign
                 Consultants in support of his motion to dismiss the
lawsuit
                 for lack of personal jurisdiction [20-1], and for
improper
                 venue [20-2] or in the alternative, motion to
transfer
                 venue to the Northern District Georgia [20-3]. (yp)
                 [Entry date 06/21/02]

6/18/02  49      RESPONSE by defendant Keith King Pro-se to
plaintiff's
                 response [34-1], [33-1]. (yp) [Entry date 06/21/02]
                 [Edit date 06/21/02]

6/18/02  50      RESPONSE by defendant Soverign Consultants Pro-se to
                 plaitiff's response [34-1], [33-1]. (yp)
                 [Entry date 06/21/02]

6/19/02  --      SCHEDULE set on 6/19/02 by Hon. George M. Marovich :
                 Status hearing held and continued to 11:00 7/10/02 .
                 Discovery ordered stayed until 7/3/02.   Mailed
notice (jd)
                 [Entry date 06/20/02]

7/10/02  --      SCHEDULE set on 7/10/02 by Hon. George M. Marovich :
                 Status hearing held. Discovery is ordered stayed
until
                 7/24/02. In court notice (jd) [Entry date 07/11/02]

7/19/02  51      MINUTE ORDER of 7/19/02  by Honorable Michael T.
Mason :
                 Report and Recommendation is hereby submitted to
Judge
                 Marovich recommending that Mukherjee's motion to
dismiss
                 for lack of personal jurisdiction be denied,
Robinson's
                 motion to dismiss for lack of venue be denied,
Mukherjee,
                 Sovereign and King's motion to dismiss for lack of
venue
                 but transfer to the Nortern District of Georgia be
granted.
                 Specific written objections to this report and
                 recommendations may be served and filed within 10
business
                 days from the date this order is served.
Fed.R.Civ.P.72(a).
                 Failure to file objection with the District Court
within
                 the specified time will result in a waiver of the
right to
                 appeal all findings, factual and legal, made by this
court
                 in the report and recommensations. Lorentzen vs.
Anderson
                 Pest Control, 64F.3d372,330 (7th Cir. 1995.) All
matters
                 relating to the referral of this action having been
                 completed, the referral is closed and the case is
returned
                 to the assigned judge. Entered Report and
Recommendation,
                 Terminating the case referral regarding [20-1],
regarding
                 [20-2], regarding [20-3]. Mailed notice by judge's
staff.
                 (yp) [Entry date 07/22/02]

7/29/02  52      OBJECTIONS by Joyendu Mukherjee to Magistrate's
Report and
                 Recommendation [51-1]. (gy) [Entry date 07/30/02]

9/18/02  53      MINUTE ORDER of 9/18/02  by Hon. George M. Marovich :
Based
                 on a careful review of the pleadings and Magistrate
Judge
                 Mason's order, this court accepts Magistrate Judge
Mason's
                 findings and recommendations. Therefore, this action
is
                 hereby transferred to the Northern District of
Georgia
                 [20-3] Case transferred to Dist of: Northern Dist of
                 Georgia. (See reverse of minute order) terminating
case.
                 Mailed notice (yp) [Entry date 09/19/02]
                 [Edit date 09/26/02]

9/18/02  54      ENTERED JUDGMENT. (yp) [Entry date 09/19/02]

10/3/02  --      CERTIFIED AND TRANSMITTED the complete record to the
USDC
                 for the Northern District of Georgia consisting of
one
                 volume of pleadings, docket entries and transmittal
letter
                 via certified mail no. 7000 0520 0017 7209 6008 :
Mailed
                 copy of transmittal letter to counsel of record. (yp)
                 [Entry date 10/03/02] [Edit date 10/04/02]

10/15/02 55      RETURN of U.S. Post Office receipt #P7000 0520 0017
7209
                 6008 received 10/10/02. (yp) [Entry date 10/17/02]

10/24/02 56      ACKNOWLEDGEMENT and receipt of record transferred to
the
                 U.S. District Court, Atlanta, GA case no.
1:02-cv-2795-WBH.
                 (yp) [Entry date 10/28/02]



--------------------------------------------------------------------------------


Case Flags:
TERMED
MASON
TRANSF



--------------------------------------------------------------------------------
END OF DOCKET: 1:02cv2486

Clarification of Question by gtg-ga on 05 Mar 2003 09:20 PST
Thanx a lot for your research.  I don't need all the documents (that
cost $10).  I just need to know the outcome.  I would prefer the
details of the Haverstick case but if that is not available, I don't
mind if you give details/outcome of the King case.

Clarification of Question by gtg-ga on 06 Mar 2003 14:36 PST
Do you think you will need more funds to pursue this?  I can provide
you with that.  How much do you think you will need?  I would prefer
an answer by the weekend.

Request for Question Clarification by pafalafa-ga on 06 Mar 2003 15:42 PST
Hi.  I'd like to be able to help, but I'm not sure how to proceed. 
The information I already provided includes the outcome of the King
case:

"MINUTE ORDER of 9/18/02  by Hon. George M. Marovich :
Based on a careful review of the pleadings and Magistrate
Judge Mason's order, this court accepts Magistrate Judge
Mason's findings and recommendations. Therefore, this action
is hereby transferred to the Northern District of Georgia."

I don't find any information beyond this...that is, I don't see a
record of the case in the Georgia courts.

If there's a particular document you're interested in among those I
cited above, I could *maybe* retrieve it -- they're not always
available on line.  Beyond that, though, I'm not sure how to assist
you here.  I'll take another look at Georgia, and if anything turns
up, I'll post another comment here.

Request for Question Clarification by pafalafa-ga on 06 Mar 2003 16:26 PST
As I thought, no more law cases that I could find.  There are a few
news items on Divine's bankruptcy filing that sounded relevant, such
as:

"Divine set for Ch. 11 filing this week
Insiders vie for parts of company as clock winds down"

I can't post the full articles due to copyright restrictions, but I
can certainly post the citations (date, newspaper, etc) as an answer
to your question, if they would be helpful to you.  Let me know.
Answer  
There is no answer at this time.

Comments  
There are no comments at this time.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy