As to independent worth, Plaintiffs submit that the information at issue derives value because it gave the Tarter Companies a competitive advantage over other market participants and was not easily ascertainable. Roger Teeter net worth is $800,000 Roger Teeter Wiki: Salary, Married, Wedding, Spouse, Family Roger Teeter is known for his work on The Last Stop (1972), The Night the Lights Went Out in Georgia (1981) and The Bagel Report (1972). [DE 1, at 62.]. for pricing and availability. Moreover, to establish a civil conspiracy claim, the plaintiff must show "an unlawful/corrupt combination or agreement between the alleged conspirators to do by some concerted action an unlawful act." She did not get to be a billionaire overnight, but after a very long and difficult road, she was able to amass such a large amount of riches. The Plaintiffs also assert that Tarter Industries has direct standing to sue the Defendants due to a Board resolution authorizing the entity to seek legal redress. The Complaint alleges that Defendants Joshua Tarter and Thomas Gregory conspired to secretly profit from a pattern of racketeering activity involving QMC. [DE 1, at 31.] Count XIII, Usurpation of Corporate Opportunity - Defendants Joshua Tarter and Thomas Gregory. TARTER make most of items for tractor supply and others. Her father, grandfather, and greatgrandfather were all farmers. [DE 1, at 11.] Inc. v. Nw. Plaintiffs bring a variety of claims under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), the Defend Trade Secrets Act ("DTSA"), the Kentucky Uniform Trade Secrets Act ("KUTSA"), and the Kentucky common law. The Plaintiffs have adequately pleaded three predicate acts, all of which had a similar purposeto defraud the Tarter Companies and enrich the Defendants. Under the DTSA, a trade secret is information for which: (1) the owner thereof has taken reasonable measures to keep such information secret; and (2) the information derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable through proper means by, another person who can obtain economic value from the disclosure or use of the information. [DE 1, at 15.] Co. v. Hamm, No. CIV.A. Know more. Defendant Gregory argues these claims are barred as to him because the Plaintiffs have failed to establish that he had an affirmative duty to disclose his interests in QMC. To establish a viable civil RICO claim, one must satisfy the following elements: "(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity." Bell Atl. And because the Plaintiffs did not intervene, the Complaint alleges that the Tarter Companies continued sourcing components from QMC, costing them millions of dollars in the process. 549 F. Supp. 2009). Bill Gates. [DE 1, at 59.]. 1980). R. Civ. Plaintiffs argued in the alternative that they were excused from the demand requirement because doing so would have been futile. Accordingly, Gregory's argument fails. 16-13703, 2017 WL 4039178, at *6 (E.D. (internal citations omitted). And on September 6, 2016, Joshua met with Tarter family members and apologized for his conductthough he refused to return the money. Specifically, the funds flowed from QMC to Global Bright and then back into the domestic accounts of Defendants Joshua Tarter and Thomas Gregory. The DTSA and the KUTSA are nearly identical. See Allstate Ins. In Count I, Plaintiffs allege that all Defendants violated the federal RICO Statute, 18 U.S.C. 1998). 1:07-CV-690, 2008 WL 123881, at *1 (S.D. claim is and the grounds upon which it rests." Va. 2017) (noting that "even after the enactment of the DTSA, plaintiffs who asserted claims for trade secrets misappropriation under the DTSA have relied on state law to present conspiracy claims"). 3d 835 (E.D. Count I, RICO Violations (18 U.S.C. 1833; Duro Corp. v. Canadian Standards Ass'n, No. In Count II, Plaintiffs allege that Defendants Joshua Tarter and Thomas Gregory engaged in a RICO conspiracy in contravention of 18 U.S.C. In the original action, Judge Reeves rejected the Plaintiffs' claims of individual standing, concluding that they had not alleged any "injuries apart from the costs and loss of cost savings allegedly incurred by the Tarter Companies." Under Kentucky law, a fraudulent misrepresentation claim must establish by clear and convincing evidence: (1) that the declarant made a material representation to the plaintiff; (2) that this representation was false; (3) that the declarant knew the representation was false or made it recklessly; (4) that the declarant induced the plaintiff to act upon the misrepresentation; (5) that the plaintiff relied upon the misrepresentation; and (6) that the misrepresentation caused injury to the plaintiff. [DE 1, at 3.] Plaintiffs, via Count XIII, assert that Defendants Joshua Gregory and Thomas Gregory usurped corporate opportunities which, according to the Complaint, belonged to the Tarter Companies. As such, the Court rejects Defendant Gregory's argument and the Plaintiffs may proceed on Count X. R. Civ. Tarter Gate is managed and owned by the Tarter family. Defendant Thomas Gregory, on the other hand, argues that Plaintiffs' allegations of money laundering are "entirely conclusory." . See Steves & Sons, Inc. v. JELD-WEN, Inc., 271 F. Supp. Instead of attacking the Plaintiffs' adherence to Rule 23.1(a), Defendant Thomas Gregory challenges the legal sufficiency of the alleged demands made on the Tarter Companies in February of 2018. Donald and Joy remain married and have three children, Keith, Joshua, and Nell. Read More. . After all, it was only signed by one party, Joshua Tarter. However, there is nothing in the pleadings that suggest that the Boards of Tarter Management and the member/managers of the Tarter LLCs arrived at this conclusion following independent reviews of the demands. Defendant Joshua Tarter then argues that the Plaintiffs are improper representatives because they are vindictive, thus tipping the seventh Davis factor in favor the defense. First, Plaintiffs assert that during the relevant period, Defendants Joshua Tarter and Thomas Gregory both failed to disclose their interests in QMC, despite a legal duty to do so. Model # HPG13. The Defendants contest this assertion. However, Joy refused to issue the notice, precluding the Directors from ever voting on the issue. Here the Complaint alleges that Defendant Gregory actively participated in the creation of QMC. Co. v. Mack, No. [DE 1, at 76-77.] [DE 1, at 38. Tarter Tube, on the other hand, specializes in the creation of tubing that assists in the manufacture of gates and other equipment. Xoran Holdings LLC v. Luick, No. Further, Joshua Tarter alleges that there was only one omission herethe failure to reveal ownership interests in QMC. The Court concludes that the Plaintiffs have adequately pleaded the elements of the claim. When confronted with allegations of his ownership interest in QMC, Joshua purportedly responded "it is what it is." The pattern requirement is intended to prevent routine commercial disputes from turning into civil RICO claims. 18-3081, 2018 WL 6131847 (6th Cir. Id. [DE 11, at 15.] [DE 1, at 51.] For instance, in January of 2017, Defendant Gregory allegedly formed a company called Mighty Strong Products. 3. Bank of Detroit, 759 F.2d 542, 544 (6th Cir. [DE 1, at 8.] The Plaintiffs, however, do not cite any authority demonstrating that Congress has established civil aiding and abetting liability under the DTSA. It also asserts that the information derived independent value because it was not widely known, and it gave the Tarter Companies a competitive advantage over other farm management equipment manufacturers. In total, Judge Reeves found that the Plaintiffs had failed to establish both individual and derivative standing. The Court concludes, however, that the DTSA does not create a private right of action for conspiracy to engage in the theft of trade secrets. [DE 1, at 22.] . Defendants Joshua Tarter and Thomas Gregory argue that the Plaintiffs have failed to allege these predicate offenses with sufficient detail. On certain occasions, Plaintiffs suggest that Gregory held himself out as Vice-President of the Tarter Companies and executed contracts in that capacity. Further, the Court has reviewed the audio tape of the meeting that was submitted into the record by Defendant Joshua Tarter. When a defendant challenges the plaintiff's standing to sue under Rule 12(b)(1), the burden is on the plaintiff to show that jurisdiction exists. 1956). [DE 1, at 34. The Defendants further allege that the February 22, 2018 vote should be invalidated due to Anna Lou's conflict of interest. Plaintiffs, in turn, argue that seeking compensation for fraudulent activities is not vindictive and maintain that the point of the lawsuit is to return the misappropriated funds to the Tarter Companies. She is extremely content with her life and the fact that she has a lot of money to her name. Id. Despite this description, Plaintiffs contend that Gregory's oversight extended much further. [DE 1, at 14-15.] Ann is also an active member of several industry organizations including the American Society of Agricultural and Biological Engineers and the National Cattlemens Beef Association. [De 1, at 22.] The Court will refer to the descendants of David and DonaldDouglas, LuAnn, Keith, Joshua, and Nellas the "Fourth Generation" of the Tarter family. The continuity requirement, on the other hand, looks to "[w]hether the predicates proved establish a threat of continued racketeering activity depends on the specific facts of each case." Tarter. Ford Motor Co. v. Launch Tech Co., No. 17, 2009). These include, amongst other things, the scheme to overcharge the Tarter Companies for substandard components, the scheme to shift the financial losses from QMC to the Tarter Companies, the scheme to have the Tarter Companies pay for QMC employees and expenses, and the scheme to engage in money laundering. Former Microsoft Corp. CEOs Bill Gates and Steve Balmer added $24.7 billion and $31.5 billion, respectively, to their net worth. Defendant Thomas Gregory argues that it was within Joy, Joshua, Keith, and Nell's business judgment to determine that the litigation was not in the best interests of the Tarter Companies. Bell Tel. The Plaintiffs' last request for relief asserts that Defendants Joshua Tarter and Thomas Gregory violated the Faithless Servant Doctrine. As to their 12(b)(1) claims, Defendants argued that the Plaintiffs lacked standing to bring the suit in their individual capacities and also lacked the standing to bring a derivative suit on behalf of any of the Tarter Companies. David and Anna Lou had two children, Douglas and LuAnn, and were eventually divorced. [DE 1, at 54. Accordingly, the first Davis factor does not weigh in favor of the defense. Tarter has been offering American-made farm and ranch equipment since 1945. Having already found that the Plaintiffs have adequately pleaded a violation of the DTSA, the Court determines that it qualifies as a predicate act under RICO. It appears that annual shareholders and Board of Directors meetings were held from 1993 to 1997. [DE 1, at 70.] Ann Tarter's leadership and the dedication of her 1400 employees has made Tarter USA the largest supplier and manufacturer of farm and ranch equipment in North America says Hikes Point News HIKES POINT NEWS| BUYNOW.BLOG NEWS Ann Next, Defendants Joshua Tarter and Thomas Gregory both maintain that the Plaintiffs have failed to adequately assert a pattern of racketeering activity. Members of the Third Generation divided the initial shares of the corporation. Shop for Tarter corral panels & gates at Tractor Supply Co. PRICE DETAILS Tarter Gates can withstand high-stress, light to medium confinements for small animals, cattle, and horses. To the contrary, it appears that there was no investigation whatsoever. Though the Plaintiffs and the Defendants both reference the agreement, the Court has certain doubts as to its validity. Tarter Industries was incorporated under Kentucky law on May 18, 1993. Smith, 305 F. Supp. Bell Tel. Who owns Tarter Farm and Ranch? United States v. Santos, 553 U.S. 507, 511 (2008). QMC would turn right around and charge the Tarter Companies at an inflated rate for the components. The Court will refer to these entities as the "Tarter Companies.". To achieve derivative standing, Kentucky law requires that a plaintiff first make demand on the board or in the alternative, show that demand would have been futile. at 182; see Swartwout v. Edgewater Grill LLC, No. A factual attack, on the other hand, is an attack on the factual existence of standing. 1839(5)). To survive a Rule 12(b)(6) motion to dismiss, a complaint must assert enough facts to provide the defendant with "fair notice of what the . Tarter Gate 5ft. No presumptive truthfulness attaches to the plaintiff's allegations and the court is "free to weigh the evidence and satisfy itself as to the existence of its power to hear the case." As with many family-held entities, this transition was far from seamless. As an early age, she was brilliant girl. [DE 17, at 43.] for pricing and availability. Pursuant to the laws of Kentucky, a civil conspiracy claim is derivative of other causes of action. [DE 30-1. After a review of the arguments, the Court finds that the Plaintiffs have sufficiently alleged that David Tarter had the authority to call for the special meeting and that, at the time of the meeting, the Board of Tarter Industries consisted of David, Donald, Joy, and Anna Lou. These annual filings, however, did not state who the Directors of the corporation were. From the gate pours out monsters, knights from middle-age Europe, and other fantasy-like beings, and they kill many of the citizens of Tokyo. Moreover, given that the alleged fraud spanned a period of six years, the Plaintiffs have sufficiently alleged that the continuity requirement has been satisfied. Selling AS-IS. Lastly, Gregory's contention that the Plaintiffs did not have the power to intervene is contradicted by the Complaint's assertions that when members of the Tarter family confronted Joshua Tarter and Thomas Gregory, the scheme was halted and Gregory resigned. However, in some egregious instances, that markup ran as high as 85%. 2012); Courtney v. Smith, 297 F.3d 455, 459 (6th Cir. The Court HERBEY ORDERS that Defendants Joshua Tarter and Thomas Gregory's motions to dismiss pursuant to Rules 12(b)(1) and 12(b)(6) [DE 11; DE 12] are granted in part and denied in part as follows: As a result of this Opinion and Order, Tarter Industries, along with Plaintiffs Anna Lou Tarter Smith, Douglas Tarter, and LuAnn Coffey (in their derivative capacities on behalf of Tarter Management, Tarter Gate LLC, and Tarter Tube), may proceed against the Defendants on Counts I, II, III, VI, VIII, IX, X, XI, XII, XIII, and XIV of the Complaint. Again, it appears that these positions, and their accompanying responsibilities, were implicitly assumed. [DE 1, at 38.] These claims are unsubstantiated. at 743. She is a regular speaker at agricultural conferences and events and is often featured in the media.
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