Am. Transp. Grp. Ins. Risk Retention Grp. v. Mvt Ins. Servs., Inc.

2021 NCBC 8
CourtNorth Carolina Business Court
DecidedFebruary 2, 2021
Docket20-CVS-1487
StatusPublished

This text of 2021 NCBC 8 (Am. Transp. Grp. Ins. Risk Retention Grp. v. Mvt Ins. Servs., Inc.) is published on Counsel Stack Legal Research, covering North Carolina Business Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Am. Transp. Grp. Ins. Risk Retention Grp. v. Mvt Ins. Servs., Inc., 2021 NCBC 8 (N.C. Super. Ct. 2021).

Opinion

Am. Transp. Grp. Ins. Risk Retention Grp. v. MVT Ins. Servs., Inc., 2021 NCBC 8.

STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION COUNTY OF NEW HANOVER 20 CVS 1487

AMERICAN TRANSPORTATION GROUP INSURANCE RISK RETENTION GROUP,

Plaintiff, v.

MVT INSURANCE SERVICES, INC.; AMRIT SINGH; ELEAZAR ROJAS; and SHAMSHER SINGH,

Defendants, and ORDER AND OPINION ON MOTION TO SHOW CAUSE AND FOR MVT INSURANCE SERVICES, SANCTIONS, MOTIONS TO DISMISS, INC., MOTION FOR JUDGMENT, AND MOTION FOR PRE-FILING Defendant INJUNCTION and Third- Party Plaintiff,

v.

PALMETTO CONSULTING OF COLUMBIA, LLC AND MATTHEW A. HOLYCROSS,

Third-Party Defendants.

THIS MATTER is before the Court on Plaintiff American Transportation

Group Insurance Risk Retention Group’s (“ATGI”) Motion to Show Cause and for Sanctions (“Motion for Sanctions,” ECF No. 45)1; ATGI’s Partial Motion to Dismiss

and Partial Motion for Judgment on the Pleadings (“Partial 12(b)(6) and 12(c)

Motion,” ECF No. 53); Palmetto Consulting of Columbia, LLC (“Palmetto”) and

Matthew A. Holycross’s (“Holycross”) (collectively, the “Third-Party Defendants”)

Motion to Dismiss Third-Party Complaint (“MTD Third-Party Complaint,” ECF No.

60); and Third-Party Defendants’ Motion for Pre-Filing Injunction (“Motion for Pre-

Filing Injunction,” ECF No. 94; collectively, the various motions are referred to as

the “Motions”).

THE COURT, having considered the Motions, the briefs filed in support of

the Motions, the evidentiary materials filed by Plaintiff and Third-Party

Defendants, the arguments of counsel at the hearing on the Motions, the applicable

law, and other appropriate matters of record, CONCLUDES, in its discretion, that

the Motion for Sanctions should be GRANTED, in part, and DENIED, in part, and

accordingly, the Partial 12(b)(6) and 12(c) Motion, the MTD Third-Party Complaint,

and the Motion for Pre-Filing Injunction should be DISMISSED as MOOT.

Butler Snow, LLP by Scott J. Lewis, and K&L Gates LLP by Jason W. Callen and Beau C. Creson, for Plaintiff American Transportation Group Insurance Risk Retention Group

Pro se Defendants Eleazar Rojas, Amrit Singh, and Shamsher Singh

Sharpless McClearn Lester Duffy, PA by Frederick K. Sharpless and Melanie C. Cormier for Third-Party Defendants Matthew A. Holycross and Palmetto Consulting of Columbia, LLC

1 The Court first considers the requests for sanctions in the Motion for Sanctions. To the extent Plaintiff seeks an order of contempt against Defendants in the Motion for Sanctions, that request (“Request for Civil Contempt”) is addressed separately by the Court below. McGuire, Judge.

I. FINDINGS OF FACT 2

1. On October 16, 2020, the Court entered a Preliminary Injunction (ECF

No. 44) against Defendants MVT Insurance Services, Inc. (“MVT”), Amrit “Andy”

Singh (“A. Singh”), Eleazar Rojas (“Rojas”), and Shamsher Singh (“S. Singh”)

(collectively, MVT, A. Singh, Rojas, and S. Singh are “Defendants”), which ordered

the following:

1. A. Singh and MVT are IMMEDIATELY ENJOINED and PROHIBITED, directly or indirectly, alone or in concert with others, during the pendency of this lawsuit or until further order of this Court from purporting to act on behalf of ATGI or ATGA or otherwise holding themselves out as officers or authorized representatives of ATGI or ATGA;

2. S. Singh and Rojas are IMMEDIATELY ENJOINED and PROHIBITED, directly or indirectly, alone or in concert with others, during the pendency of this lawsuit or until further order of this Court, from speaking on ATGI’s or ATGA’s behalf or holding themselves out as officers of ATGI or ATGA or otherwise empowered to bind ATGI or ATGA to any third party beyond the specific rights granted to them as Directors by ATGI’s Bylaws and North Carolina Law so long as they serve, if they serve, in that capacity;

3. All Defendants are IMMEDIATELY ENJOINED and PROHIBITED, directly or indirectly, alone or in concert with others, during the pendency of this lawsuit or until further order of this Court, from: i. Seeking to make any material change in ATGI’s management or terminating any of

2 The procedural and factual background of this matter are set out in this Court’s Order on

Amended Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 40), and the Order on Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction (“Preliminary Injunction,” ECF No. 44). ATGI’s service providers absent approval by the Department; and ii. Taking any action causing ATGI to violate the Order of Supervision.

(ECF No. 44, at pp. 9–10.)3 The Court will summarize, chronologically, the events

that have transpired since the issuance of the Preliminary Injunction.

2. Immediately after the Preliminary Injunction was issued, Defendants

began violating its terms by representing themselves as still affiliated with ATGI

and communicating with numerous ATGI constituents. On October 17, 2020,

through various email addresses associated with one or more of the Defendants,

Defendants emailed two representatives of the North Carolina Department of

Insurance (“NCDOI”) and numerous ATGI service providers. 4 (Aff. of Michael

Hunter 5 (”Hunter”) ISO ATGI’s Mot. for TRO and PI, ECF No. 46.1, at ¶¶ 2–3;

hereinafter, the “First Hunter Affidavit”.)

3. One such email, dated October 17, 2020 and purportedly written on

behalf of ATGI, stated:

now atgi announces in front of respected media and atgi will start writing as of oct 19. Atgi is in full compliance

3 The language of the Preliminary Injunction was drafted and jointly submitted by counsel

for ATGI and Defendants.

4 The recipients of Defendants’ emails included: Debbie Walker and Kait Chase (NCDOI

representatives); Ted Davey, Rick Lindsey, Vik Jain, Ryan Guest, and Philip Winter (ATGI insurance producers); Gene Brodsky (ATGI insurance producer and claims adjuster); Dick Crnkovich (CEO of Imperial Premium Finance Services, which has financed a number of ATGI policies); Nichoas Teetelli (CEO of Maple Technologies, which provides ATGI’s policy management software); and Michael Pollano (employee of Bank of the West, which is one of ATGI’s banks). (ECF No. 46.1, at ¶3.)

5 Hunter is the current president of ATGI. Atgi will be recovering a major fraud by a highly professional atgi hired and paid them handsome money. Atgi requests the court Atgi needs a fresh start. Atgi needs time to fully restore all his data, books and all the stolen property of atgi need to return immediately. . . . This case is a simple case…atgi fixed it compliance in february and needed permission to start writing. …

(Id. at Ex. 1.) The same day, Defendants sent another email which warned against

dealing with ATGI’s current management and Board of Directors (“Board”):

ATGI has fraudulent board issues until you see any order then you deal with the new board if not mvt is mga until further court order. If you are dealing with a fraud board it will be your responsibility for every you deal with the fraud board. In my understanding atgi has provided every single document to nc doi and is in full compliance.

(Id. at Ex. 2.)

4. On October 18, 2020, Defendants sent another email to the same

recipients as the October 17, 2020 emails, see supra n.4, stating:

Today Sahmsher singh announced that Atgi will be writing soon. ATGI has gone through disaster. And it was conspiracy, scam, greed, and well plan fraud. . . . . All atgi service providers please contact Andy singh and nirmal kaur of mvt insurance services until further court order. …

(Id.

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