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Court

Massachusetts Unified County

Massachusetts

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Case Information

Filed 2023-11-24
Status Open
Type Security Transactions
Docket 102 entries

Parties

Plaintiff Italume, Clement
Defendant Robinhood Markets Inc|Robinhood Financial, Llc|Tilray Brands, Inc.|Hexo Corporation

Lawyers

Docket Entries

  1. Plaintiff Clement Italume's Response to Notice of Status Review of Appeal Plaintiff has filed notice of withdrawal of notice of appeal
  2. Civil action cover sheet filed.
  3. Case assigned to: DCM Track A - Average was added on 11/24/2023
  4. Service Returned for Applies To: Robinhood Markets Inc (Defendant)
  5. Defendant Robinhood Markets Inc, Robinhood Financial, Llc's Notice of Motion
  6. Corporate Disclosure Statement Applies To: Robinhood Markets Inc (Defendant); Robinhood Financial, Llc (Defendant)
  7. Service Returned for Applies To: Tilray Brands, Inc. (Defendant)
  8. Defendant Tilray Brands, Inc., Hexo Corporation's Submission of Corporate Disclosure Statement
  9. Defendant Tilray Brands, Inc., Hexo Corporation's Notice of Motion to Dismiss
  10. Service Returned for Defendant Robinhood Financial, Llc: Service accepted by counsel;
  11. Service Returned for Defendant Hexo Corporation: Service accepted by counsel;
  12. Defendants Tilray Brands, Inc., Hexo Corporation's Motion to dismiss all counts
  13. Tilray Brands, Inc., Hexo Corporation's Memorandum in support of Defendant's motion to dismiss
  14. Exhibits/Appendix Exhibits to Memorandum in Support of Motion to Dismiss
  15. Opposition to to Robinhood Markets Inc and Robinhood Financial LLC's motion to dismiss or, in the alternative, to compel arbitration and stay litigation filed by Clement Italume
  16. Clement Italume's Memorandum in opposition to Hexo Corporation and Tilray Brands, Inc. motion to dismiss all counts of Plaintiff's allegation against them
  17. Merton Affidavit
  18. Exhibits/Appendix Exhibits to Merton Affidavit
  19. Notice of Filing
  20. List of Documents Filed
  21. Superior Court Rule 9A Notice of Filing
  22. Defendant Robinhood Financial, Llc, Robinhood Markets Inc's Motion to dismiss or, in the alternative, to compel arbitration and stay litigation, and Robinhood Markets, Inc.'s motion to dismiss
  23. Robinhood Markets Inc, Robinhood Financial, Llc's Memorandum in support of Motion to dismiss or, in the alternative, to compel arbitration and stay litigation, and Robinhood Markets, Inc.'s motion to dismiss
  24. Affidavit of Marc O'Such
  25. Opposition to Robinhood Markets Inc and Robinhood Financial LLC's Motion to dismiss or, in the alternative, to compel arbitration and stay litigation filed by Clement Italume
  26. Robinhood Markets Inc, Robinhood Financial, Llc's Memorandum in opposition to motion to dismiss or, in the alternative, to compel arbitration and stay litigation
  27. Affidavit of Clement Italume
  28. Reply/Sur-reply Robinhood Financial LLC's Reply in Support of its motion to dismiss or, in the alternative, to compel arbitration and stay litigation, and Robinhood Markets, Inc's reply in support of its motion to dismiss
  29. Supplemental Affidavit of Marc O'Such
  30. Reply/Sur-reply In Support Of Their Motion To Dismiss
  31. Defendants Robinhood Financial, Llc, Robinhood Markets Inc's Motion to Admit Non-Resident Attorney Andrew Estes Pro Hac Vice (Unopposed)
  32. Affidavit in support
  33. Attorney appearance electronically filed.
  34. Notice of Amended Complaint Applies To: Italume, Clement (Plaintiff)
  35. Defendants Robinhood Markets Inc, Robinhood Financial, Llc's Motion to admit non-resident attorney Andrew Estes Pro Hac Vice ( Unopposed )
  36. Amended: First amended complaint filed by Clement Italume (Filed 2/9/24)
  37. Endorsement on Motion to admit non-resident attorney Andrew Estes Pro Hac Vice ( Unopposed ) (#23.0): ALLOWED by the Court Attest: Paul Kenneally Asst. Clerk (dated: 2/20/24) Notice sent 2/22/2024.
  38. Defendant Robinhood Financial, Llc's Notice of motion
  39. Defendant Tilray Brands, Inc., Hexo Corporation's Notice of motion to dismiss
  40. Defendant Tilray Brands, Inc., Hexo Corporation's Motion to dismiss
  41. Tilray Brands, Inc., Hexo Corporation's Memorandum in support of Defendants' Motion to Dismiss
  42. Affidavit of Carl Merton
  43. Exhibits/Appendix
  44. Opposition to Hexo Corporation and Tilray Brands, Inc.'s Motion to Dismiss All Counts of Plaintiff's Complaint filed by Clement Italume
  45. Clement Italume's Memorandum in opposition to Hexo Corporation and Tilray Brands, Inc.'s Motion to Dismiss All Counts of Plaintiff's Allegation Against Them
  46. Affidavit of Clement Italume
  47. Reply/Sur-reply Tilray Brands, Inc. and Hexo Corporation's Reply in Support of their Motion to Dismiss
  48. Notice of Filing pursuant to Superior Court Rule 9A
  49. List of Documents Filed pursuant to Superior Court Rule 9A
  50. Superior Court Rule 9A Notice of Filing
  51. Defendant Robinhood Financial, Llc's Motion to dismiss the amended complaint or, in the alternative, to compel arbitration and stay litigation, and Robinhood Markets, Inc.'s motion to dismiss
  52. Robinhood Financial, Llc's Memorandum in support of motion to dismiss or, in the alternative, to compel arbitration and stay litigation, and Robinhood Markets, Inc.'s motion to dismiss
  53. Affidavit of Marc O'Such
  54. Opposition to Robinhood Financial LLC's motion to dismiss or, in the alternative, to compel arbitration and stay litigation and Robinhood Markets Inc.'s motion to dismiss filed by Clement Italume
  55. Clement Italume's Memorandum in opposition to Robinhood Financial LLC's motion to dismiss or, in the alternative, to compel arbitration and stay litigation and Robinhood Markets Inc.'s motion to dismiss
  56. Affidavit of Clement Italume
  57. Reply/Sur-reply Robinhood Financial LLC's Reply in support of motion to dismiss the amended complaint or, in the alternative, to compel arbitration and stay litigation, and Robinhood Markets, Inc.'s reply in support of its motion to dismiss
  58. Supplemental Affidavit of Marc O'Such
  59. Matter taken under advisement: Rule 12 Hearing scheduled on: 04/25/2024 02:00 PM Has been: Held - Under advisement Hon. Rosemary Connolly, Presiding Staff: Paul Kenneally, Assistant Clerk
  60. Event Result:: Rule 12 Hearing scheduled on: 04/25/2024 02:00 PM Has been: Held as Scheduled Hon. Rosemary Connolly, Presiding Staff: Paul Kenneally, Assistant Clerk
  61. Defendants Robinhood Financial, Llc, Robinhood Markets Inc's Notice of Supplemental Authority
  62. Endorsement on Motion to dismiss the amended complaint or, in the alternative, to compel arbitration and stay litigation, and Robinhood Markets, Inc.'s motion to dismiss (#32.0): ALLOWED Upon review and after hearing, the Court ALLOWS Robinhood Markets Inc and Robinhood Financial, LLC's Motion to Stay the pleading litigation against them and compel plaintiff to pursue a remedy in Arbitration as he agreed to do upon opening his account with Robinhood. See Affidavit of Mark O'Such Ex 3 37. Robinhood has met its burden to prove that the parties had a agreement to arbitrate their disputes See Good v. Uber Technologies, Inc, 494 Mass 116, 125 (2024). Arbitration is a matter of contract as decided by the contracting parties. Any dispute plaintiff has with Robinhood must be pursued if at all, in arbitration. To the extent Plaintiff has any independent claims against Robinhood Markets, such claims are part of and not independent of his contractual relationship with Robinhood Financial and are thus subject to the Arbitration Agreement. The Robinhood Defendants' Motion to Stay Litigation and Compel Arbitration is ALLOWED. See generally Good v Uber 494 Mass 116 (2024). (Dated: 8/27/24) Notice sent 08/29/2024.
  63. Endorsement on Motion to dismiss (#25.0): DENIED Upon review and after hearing, the Motion to Dismiss filed by Defendant Tilray Brands, Inc. and Hexo Corporation is DENIED. At the Motion to Dismiss stage the Court must accept as true the well plead allegations in the First Amended Complaint. While it is a close question as to whether plaintiff can prove damages, even if his allegations are accepted as true, at this stage the Court will not dismiss this action. Instead, the Court instructs the parties to pursue limited discovery ONLY as to the alleged harm or damages Plaintiff claims. This discovery period shall be conducted over the next sixty (60) days and the Court shall conduct a Status Conference. All other discovery, except for that concerning plaintiff's harm or damages shall be stayed until further order of this Court. (Dated: 8/27/24) Notice sent 08/29/2024.
  64. Answer to amended complaint Applies To: Tilray Brands, Inc. (Defendant); Hexo Corporation (Defendant)
  65. Event Result:: Conference to Review Status scheduled on: 10/24/2024 02:15 PM Has been: Rescheduled For the following reason: By Court prior to date Hon. Rosemary Connolly, Presiding Staff: Paul Kenneally, Assistant Clerk
  66. Event Result:: Conference to Review Status scheduled on: 11/22/2024 02:00 PM Has been: Held via Video/Phone Hon. Rosemary Connolly, Presiding Staff: Paul Kenneally, Assistant Clerk
  67. Plaintiff Clement Italume's Notice of Motion
  68. Plaintiff Clement Italume's Notice of Filing
  69. Plaintiff Clement Italume's Motion to Allow Plaintiff to Conduct Discovery and Obtain Evidence Necessary for Establishing Allegations in Complaint and Opposing Motion for Judgment
  70. Clement Italume's Memorandum in support of Motion for Discovery
  71. Opposition to Motion for Discovery filed by Tilray Brands, Inc., Hexo Corporation
  72. Affidavit in Support of Defendants' Opposition to Plaintiff Motion for Discovery Applies To: Tilray Brands, Inc. (Defendant); Hexo Corporation (Defendant)
  73. Plaintiff Clement Italume's Reply in Support of Motion for Discovery
  74. Affidavit in Support of Reply to Motion for Discovery Applies To: Italume, Clement (Plaintiff)
  75. Endorsement on Motion to Allow Plaintiff to Conduct Discovery and Obtain Evidence Necessary for Establishing Allegations in Complaint and Opposing Motion for Judgment (#41.0): DENIED Upon review and after further consideration the court denies this motion because it is not compliant with the court's prior order concerning discovery as to what injury or harm the plaintiff has in fact sustained as a result of the defendants' alleged conduct. Moreover the court addressed this issue with counsel at the last court conference on 11/22/24. When the court set the R. 56 briefing schedule. this motion is therefore denied as bring non compliant with the prior court order, and it is an eleventh attempt to derail the summary judgment schedule. dated (12/26/24) Notice sent 12/31/24
  76. Defendants Tilray Brands, Inc., Hexo Corporation's Motion for summary judgment, MRCP 56
  77. Tilray Brands, Inc., Hexo Corporation's Memorandum in support of motion for summary judgment
  78. Affidavit of Eric Forni in support of defendants Hezo Corporation and Tilray Brands, Inc.'s motion for summary judgment
  79. Affidavit of Krista Kirk for authentication of business records
  80. Affidavit of Carl Merton
  81. Affidavit of Valerie Kropf in support of defendants Hexo Corporation and Tilray Brands, Inc.'s motion for summary judgment.
  82. Exhibits/Appendix Joint appendix of summary judgment Exhibits Volume 1 or 2
  83. Exhibits/Appendix Joint appendix of summary judgment Exhibits Volume 2 or 2
  84. Defendants Tilray Brands, Inc., Hexo Corporation's Submission of List of documents filed pursuant to superior court rule 9A
  85. Defendants Tilray Brands, Inc., Hexo Corporation's Notice of Filing pursuant to superior court rule 9A
  86. Affidavit of Clement Italume in opposition to motion for summary judgment
  87. Reply/Sur-reply Tilray Brands, Inc. and Hexo Corporation's Reply in support of their motion for summary judgment
  88. Defendants Tilray Brands, Inc., Hexo Corporation's Submission of Consolidated statement of Facts in connection with Defendants' Motion for summary judgment
  89. Plaintiff Clement Italume's Statement of Facts in opposition to motion for summary judgment
  90. Clement Italume's Memorandum in support of opposition to Hexo/Tillray motion for summary judgment
  91. Exhibits/Appendix Applies To: Italume, Clement (Plaintiff)
  92. Event Result:: Rule 56 Hearing scheduled on: 03/11/2025 02:30 PM Has been: Held as Scheduled Hon. Jackie Cowin, Presiding Staff: Paul Kenneally, Assistant Clerk
  93. Endorsement on Motion for Summary Judgment (#47.0): ALLOWED Allowed. See separate Memo and Order. (dated 3/17/25) Notice Sent 3/20/25
  94. ORDER: Order on HEXO Corporation/Tilray Brands' Motion for Summary Judgment (No. 47) See p#60 for complete Order. (dated 3/17/25) Notice Sent 3/20/25
  95. Plaintiff Clement Italume's Notice of no filing regarding arbitration
  96. ORDER: The Court having allowed HEXO and Tilray's Joint Motion for Summary Judgment, and the plaintiff having notified the Court that he has not taken any steps to bring his claim against the Robinhood defendants to arbitration (per prior order of the court), all remaining claims in the Complaint are hereby dismissed. See p#62 for complete Order. (dated 4/18/25) Notice sent 4/24/25
  97. FINAL JUDGMENT The Court having allowed HEXO and Tilray's Joint Motion for Summary Judgment, and the plaintiff having notified the Court that he has not taken any steps to bring his claim against the Robinhood defendants to arbitration (per prior order of the court), all remaining claims in the Complaint are hereby dismissed entered on docket pursuant to Mass R Civ P 58(a) and notice sent to parties pursuant to Mass R Civ P 77(d)
  98. Plaintiff Clement Italume's Notice of Appeal
  99. Notice of appeal filed. (See p#64) Notice sent 5/19/25 Applies To: Italume, Clement (Plaintiff)
  100. ORDER sent for Status Review of Appeal, if notice is not received by 10/10/2025 the Appeal will be dismissed.
  101. Plaintiff Clement Italume's Notice of Withdrawal of Appeal
  102. Defendant Tilray Brands, Inc., Hexo Corporation's Response to Notice of Status Review of Appeal

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