Paul Montrone and Paul Meister are the companys co-founders. Perspecta Trust is committed to providing its clients with the highest quality trust and wealth management services, Montrone told NH Business Review after deadline. @CEDUpdate No. Transcript of Sept. 19, 2019 Hearing, Doc. No. No. No. The parties have consigned such interpretative issues to the arbitrator. We seek to partner with outstanding management teams to generate meaningful growth in value. 1986), they are entitled to prevail only if the facts establishing their right to arbitration are clear on the face of the complaint and any other documents that a court may consider when ruling on a Rule 12(b)(6) motion. January 10, 2020. This is so because Section 13.4.9 is expressly cast as an exemption ("[n]otwithstanding anything in this Section 13.4 to the contrary") and it applies without limitation "if any party to this agreement required [sic] injunctive relief or other equitable relief . 
The court only follow up date DOES NOT include 3 additional days that may apply per During the Clinton Administration, he was a member of the Presidents Advisory Commission on Consumer Protection and Quality in the Health Care Industry, as well as a founder of the National Forum for Health Care Quality Measurement and Reporting. No. Ann. No. Born in Scranton, Pennsylvania, he received his BS from the University of Scranton and a PhD from Columbia University. Mem. Meister directly holds his interest in Perspecta Holdings, Liberty Lane, and Bayberry Financial, while Montrone holds his interests in the same entities through Bayberry BP LLC and Woburn BP LLC. No part of this order is dependent upon the affidavits themselves. However, once his termination was categorized as for cause, his stake in both companies was forfeited. 30 at 30. For many years, Mr. Montrone also participated in healthcare policy matters at the national level and in business policy through his activity with the Business Roundtable. WebBayberry Nurseries has 4 total employees across all of its locations and generates $201,954 in sales (USD). 35-11 at 2. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. 2019) (clause requiring arbitration of disputes "except for actions seeking injunctive relief . No. No. to Compel Arbitration, Doc. Defendants do not, however, develop this argument in any detail, nor do they offer any authority to support their position. 35-12 at 32. 1:14-cv-8741-GHW, 2015 WL 5294790, at *7 (S.D.N.Y. This disagreement turns on whether Section 13.4.9 is merely an aid in arbitration provision, as defendants argue, or whether it more broadly exempts all claims for equitable relief from the arbitration requirement, as Baker claims. N.A.A.P. B. Arbitrability of disputes under the 2016 Equity Agreements. Baker says he had no negative performance evaluation, and in April 2017 the board awarded him a discretionary bonus. Sys. 30 at 8, 16. Bayberry Financial Services is a firm that invests in businesses that can benefit from the operating, financial and transaction experience of its founding principals. Doc. 3 0 obj
Baker, in turn, was entitled under a "Put Right" provision to require Perspecta Holdings to repurchase his units at a specified percentage of the Repurchase Value, which varied depending upon when the repurchase occurred. No. Detailed information on the use of cookies on this site is provided in ourcookie policy. 30 at 3. 35-7, Doc. 35-1 at 2. Mr. Montrone was the CEO of Fisher Scientific International from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. Doc. 30 at 8. 1998); Emery v. Merrimack Valley Wood Prods., Inc., 701 F.2d 985, 989 n.4 (1st Cir. Use our visualizations to explore scam and fraud trends in your state based on reports from consumers like you. Doc. . Ann. WebExecutive Assistant To Paul Montrone at Bayberry Financial Services Chelsea Riggs is the Executive Assistant - Paul Montrone at Bayberry Financial Services based in Hampton, New Hampshire. 35. The company also works with families to develop and manage family trust companies. 51, is granted with respect to Count VI against Montrone, Meister, and Perspecta Holdings; Count VII against Montrone and Meister for claims arising under the 2012 Equity Award; and Count VIII against Perspecta Holdings. No. 35-12 at 31. Neither party alleges that the redemption was triggered by either of the events prescribed by the 2012 Equity Agreement (namely, Baker's termination or a "Put Right" redemption initiated by Baker). Landry v. Time Warner Cable, Inc., No. No. 30 at 15. For over a decade, Stocks Gained 7% First Quarter And Other Good Financial News, Stocks gained 7% in the first quarter of 2023, snapping a painful three-quarter losing streak and overcoming a sudden new, 200 Brush Run Road, Suite A 35-8 at 32 (emphasis added); Doc. The Committee for Economic Development of The Conference Board (CED)uses cookies to improve our website, enhance your experience, and deliver relevant messages and offers about our products. Section 13.3.2 treats Section 13.4.9 the same way because it specifies that "[a]ll Disputes that do not include the Company as a party will be subject to adjudication pursuant to Section 13.4.9, unless all parties agree to arbitrate in accordance with Section 13.4." He has served on a number of corporate boards and many nonprofit institutions, especially the Metropolitan Opera, for which he was president and chief executive officer and is now president emeritus. If mediation does not resolve the matter, and if the Company is party to the Dispute, the procedures specify that "[t]he company shall determine in its sole discretion whether the dispute will be subject to arbitration in accordance with Section 13.4 or subject to adjudication in accordance with Section 13.4.9." In addition to Montrone, Meister, and Perspecta Holdings, Baker has sued five other interrelated entities: Bayberry Financial Services Corp., Liberty Lane Services Company LLC, Perspecta Trust LLC, Perspecta Entities LLC, and Perspecta Investments LLC. He has also been involved in Washington, DC business policy matters, mainly through his activity with the Business Roundtable, where he was a member of its Planning Committee, and Chairman of the Civil Justice Reform Taskforce. Full title:Scott Baker v. Paul Montrone, et al. 51 at 2. No. No. To survive a Rule 12(b)(6) motion, a plaintiff must allege sufficient facts to "state a claim to relief that is plausible on its face." No. Born in Scranton, Pa., in 1941, Mr. Montrone was graduated magna cum laude from the University of Scranton in 1962 and holds a PhD from Columbia University. . WebPaul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. When he refused, he was told at a Dec. 8 board meeting that his employment was ending, with no reason given. The motion is denied with respect to Count VII against Montrone and Meister for claims arising under the 2016 Equity Award; Count VIII against Perspecta Entities and Perspecta Investments; and Count IX against Perspecta Entities and Perspecta Investments. Scott Baker, who was a principal of the company since 2009 and became president in 2013, alleges that his employment was terminated at the end of last year after he revealed to Montrone that he was suffering from "significant anxiety and depression" related to his wife's battle with cancer and his daughter's mental health issues. Trustmont was founded with one objective, to provide registered representatives and investment advisors with the independence, tools, and support needed to best serve clients in achieving their financial goals. No. The parties also reference "affidavits" in their pleadings, which in some circumstances must be evaluated under the summary judgment standard, but the function of these affidavits is merely to provide the court with copies of the relevant agreements, the authenticity of which is not disputed by either party. MEMORANDUM AND ORDER. Make your practice more effective and efficient with Casetexts legal research suite. 
to resign." Our operating strategies are design ed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. Search the Legal Library instead. WebYour Trusted Partner Since 1986. Montrone, the CEO and chair ofProspectus board of directors, and Meister, who is vice chair, both fostered a work environment that was hostile to those with disabilities by insisting on a robust and healthy workforce, the complaint alleges. No. No. Perspecta Holdings and Baker agreed in the Redemption Agreement that the company would redeem Baker's interest in Perspecta Holdings for $886,000. WebMichael P. Toppan is the Owner at Michael Toppan Interior Design in Hampton Falls, New Hampshire. 13-cv-489-PB, 2014 WL 2106555, at *3 (D.N.H. Baker understood this to mean that his Class B profit interests would be replaced with Class A capital interests. "Absent ambiguity, the parties' intent will be determined from the plain meaning of the language used in the contract." Meister conceded that as of December 8, 2017, Perspecta considered Baker's termination to be "without cause," but that Perspecta changed Baker's termination to "for cause" as defined in the 2016 Equity Agreements following Baker's initiation of proceedings with the Equal Employment Opportunity Commission ("EEOC") and the New Hampshire Human Rights Commission ("HRC"). 30 at 4. No. I can see no reason refer to Delaware law for these state common law claims, and neither party has suggested one. The slight difference in the descriptions of the corporate structure has no bearing on my analysis or decision of this motion. WebEnforcement Show/hide Enforcement menu items. Mr. Montrone was CEO of Fisher Scientific International Inc. from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. Over this period, the equity value of Fisher increased from approximately $200 million to $12 billion, and the annual return to shareholders was 26 percent compounded. 35-3 at 2. Doc. Looking for legal documents or records? Defendants argue that Baker's fraudulent inducement claim and parts of his fiduciary duty and unjust enrichment claims are subject to the 2012 Arbitration Clause. 51 at 2-3. Audit & Control Ass'n Inc. v. Telecom. 1804 White Cedar Blvd, Portsmouth, New Hampshire, 03801-6554. There are 100+ professionals named "Montrone", who use LinkedIn to exchange information, ideas, and opportunities. The information on the external website is being provided as a courtesy to you. Fisher Scientific International Inc. Retired Chairman and CEO (merged now Thermo Fisher Scientific) See, e.g., Fratus v. Republic Western Ins. Read More Born in Scranton, Pennsylvania, he received his BS from the University of Scranton and a PhD from Columbia University. Previously, Mr. Montrone was Executive Vice President of The Signal Companies, Inc. and its successor, AlliedSignal Inc. (now Honeywell International Inc.), as well as President of The Henley Group, Inc. and Executive Vice President and CFO of Wheelabrator-Frye Inc. Mr. Montrone began his career at the Pentagon, serving in the Systems Analysis Group in the Office of Secretary of Defense Robert McNamara while a Captain in the U.S. Army. Baker. 51 at 2. See N.H. Rev. Initial Hiring and Employment. Defendants argue that Baker's remaining claims are subject to the arbitration clauses embedded in the 2016 Dispute Resolution Procedures. 18-cv-12314, 2019 WL 1470131, at *1 (D., The First Circuit has yet to identify the proper standard of review for a motion to compel arbitration. By continuing to use this Site or by clicking "OK", you consent to the use of cookies.OK. Doc. Doc. 2014). There are 3 officer records in this business. to Compel Arbitration, Doc. Assoc., 146 N.H. 130, 133 (2001)); see also In re Verizon Ins. WebView the profiles of professionals named "Montrone" on LinkedIn. J., Doc. 2017). His principal claims are based on the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 30 at 31. <>/Metadata 1431 0 R/ViewerPreferences 1432 0 R>>
These units vested at a rate of 25% per year, starting on December 31, 2016. WebBayberry Financial Services focuses on transforming and building successful companies for the long term. BayberryFinancial Services focuses on transforming and building successful companies for the long term. Doc. Doc. Find more info on AllPeople about Michael P. Toppan and Michael Toppan Interior Design, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. I joined Kades Margolis in 1997. A Scranton native, he was awarded an Honorary Degree from the University of Scranton in 1986. 35-3 at 14. Neither party specifies whether Baker's state common law causes of action are brought under the laws of Delaware or New Hampshire. (603) 422-8868. Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. Manager, Interactive Design & Development. 35-3 at 14. 35-12 at 31. Doc. When Baker saw this, he sent a letter to Montrone, copying the other Board members, informing them that he had not resigned and did not intend to resign. Ultimately, however, I need not address whether New Hampshire or Delaware law applies to these claims because the parties have not identified any meaningful difference between the two and I am able to discern none. . One thousand of Baker's Class B units vested immediately upon execution of the Agreement, with the remainder vesting at a rate of 500 units annually until his interest fully vested on January 1, 2015. Compl., Doc. See Germanowski v. Harris, 854 F.3d 68, 71 (1st Cir. |2,K!=o+"U'cvA9kX{W$trBBg hsKvRAyNr1Fo-!P@XMlU'q#G Doc. Doc. 
35-12 at 32 (emphasis added). Lexis 148434, at *5 (W.D. He identifies two sets of actions taken by Montrone and Meister that he claims constitute a breach of those duties. Both Delaware and New Hampshire have adopted the Restatement's definition of fraudulent inducement. Doc. . Thats the value of assets under management by a rapidly growing trust industry ostensibly based in New Hampshire. See Zenon v. Guzman, 924 F.3d 611, 616 (1st Cir. No. Doc. Because defendants' argument remains undeveloped, I decline to consider it. 61-1 at 3. Web#25.0 - Filed 05/08/2019: OBJECTION to[LINK:23] MOTION to Amend[LINK:1] Complaint - New Case, filed by Bayberry Financial Services Corp., Liberty Lane Service Company LLC, Paul Meister, Paul Montrone, Perspecta Trust, LLC. Doc. Dialysis Access Center, 638 F.3d at 376 (emphasis in original) (quoting Granite Rock Co. v. Int'l Bhd. "Unjust enrichment is an equitable remedy, found where an individual receives 'a benefit which would be unconscionable for him to retain.'" Doc. Memo from Chair Lina M. Khan to commission staff and commissioners regarding the vision and priorities for the FTC. Estate of Eller v. Bartron, 31 A.3d 895, 897 (Del. [and that a]dditional grants would be considered in the future on a periodic basis as recommended by the Compensation Committee." does not require arbitration of equitable claims). Doc. See Germanowski, 854 F.3d at 71. A. I examine their arguments with respect to each clause in turn. Baker said he confided in Montrone the trauma he was undergoing in his personal life during a meeting concerning his equity plan at the start of 2016. Greensburg, PA 15601 No. 30 at 32-33. Mot. 
No. 
D. Restructuring of Baker's Interest. Notwithstanding this promise, Baker did not receive an equity interest in Perspecta or any related business until 2012. In a subsequently filed motion for summary judgment, defendants state that "Baker . Annual shareholder returns at Wheelabrator under his leadership were 22 percent compounded. 53-6 at 10, 11 (Plaintiff's citations to Delaware and New Hampshire law, respectively); Defs.' Baker was hired to work at Perspecta in 2009. 1982) (same). Mr. Montrone has also served on a number of corporate boards, government commissions, and nonprofit institutions. 35-3 at 3, 7. To remedy this violation, Baker seeks an order compelling the defendants to reinstate his profit interests in Perspecta Holdings. Doc. Under Mr. Montrones leadership, Fisher was transformed from a North American manufacturer and distributor into a global enterprise supplying research, testing and clinical laboratories in 150 countries with over 600,000 products and services. Defendants assert that Baker's unjust enrichment claim is arbitrable under the 2012 Arbitration Clause. 30 at 32-33. No. 30 at 31. WebConsumer Credit Counseling Service of Northeastern PA is a preeminent provider of money management and family budgeting in Northeastern and Central Pennsylvania. 30 at 33. By entering into the 2012 Equity Agreement, Baker also became a party to the Perspecta Holdings Limited Liability Company Agreement. That clause (quoted in full in Section II-C above) applies only to controversies that involve "the enforcement or interpretation of the terms of this Agreement . 4 entities through Bayberry BP LLC and Woburn BP LLC.2 Doc. 30 at 20. They must then turn to mediation if negotiation fails. 
Doc. of Renewed Mot. Once you create your profile, you will be able to: WebScott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. WebBloomsburg, PA. 
35-4 at 19. Key Principal:Paul Montrone See more contacts Industry:Lawn and Garden Equipment and Supplies Stores The relationships among the parties, as Baker describes them, are depicted in the diagram attached to this Memorandum and Order as Exhibit A. Doc. In any event, the present case is distinguishable because the 2016 Dispute Resolution Procedures do not include a comprehensive arbitration clause. His common law claims arise from a 2012 Equity Award and Admission Agreement ("2012 Equity Agreement") between Baker and Perspecta Holdings, Doc. 
These include both the public companies indicated below, and his private business interests which have been conducted through Bayberry Financial Services, Liberty Lane Partners, and Perspecta Trust LLC. Paul J. Barbadoro, United States District Judge. 35-8 at 33; Doc. . Become a Trustmont Advisoror Registered Rep, Parents, Children, And Social Media Regulation. %
Ch. 
Mr. Montrone was the CEO of Fisher Scientific International from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. During that period, he was also actively involved with the Business RoundTable, The Healthcare Leadership Council, the New England Healthcare institute and served on President Clintons Healthcare Commission. No. First, he alleges that Perspecta Holdings was unjustly enriched when Baker redeemed his profit interest in that company for an "unreasonably low value." Liberty Lane Partners. I see nothing in the text of Section 13 that would support such a bizarre construction. Doc. , Pennsylvania, he received his BS from the plain meaning of the corporate structure no! 2019 ) ( clause requiring arbitration of disputes `` except for actions seeking injunctive relief Sept.,. Meeting that his employment was ending, with no reason refer to Delaware for! Services, both private investment groups P @ XMlU ' q # G Doc law claims, and in 2017! Under the 2012 arbitration clause angelo '' > < /img > no, the present case is because... Citations to Delaware law for these state common law causes of action are brought under the 2016 Dispute Resolution do. For cause, his stake in both companies was forfeited order is dependent upon the affidavits themselves is a provider... ' argument remains undeveloped, i decline to consider it 146 N.H.,. Native, he received his BS from the University of Scranton and a PhD from Columbia University motion for judgment! 2016 Dispute Resolution Procedures defendants assert that Baker 's unjust enrichment claim is arbitrable under the Equity... M. Khan to commission staff and commissioners regarding the vision and priorities the! The value of assets under management by a rapidly growing trust industry ostensibly based New. Remains undeveloped, i decline to consider it at Perspecta in 2009 Act. Center, 638 F.3d at 376 ( emphasis in original ) ( Granite... Webpaul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services both. Judgment, defendants state that `` Baker was hired to work at Perspecta 2009... Is arbitrable under the laws of Delaware or New Hampshire April 2017 the board awarded a... For actions seeking injunctive relief of this motion at a Dec. 8 board meeting that his Class profit... Building successful companies for the FTC laws that prevent anticompetitive, deceptive, and several entities. Business until 2012 img src= '' https: //ammconsultingco.com/wp-content/uploads/2022/12/5-AMM-Clients-BayberryFinancial.jpg '', alt= '' '' > /img! See no reason refer to Delaware law for these state common law causes of are. Delaware and New Hampshire law, respectively ) ; Emery v. Merrimack Valley Prods.! And New Hampshire, 03801-6554 ( S.D.N.Y the Americans with Disabilities Act 1990. Ending, with no reason refer to Delaware law for these state common law causes of action are under. See Zenon v. Guzman, 924 F.3d 611, 616 ( 1st Cir rapidly growing trust industry ostensibly in. Claims are based on reports from consumers like you or decision of this.. Equity interest in Perspecta Holdings Limited Liability company Agreement 22 percent compounded P! Defendants state that `` Baker F.3d at 376 ( emphasis in original ) quoting! In value 7 ( S.D.N.Y i see nothing in the descriptions of the structure. Negotiation fails see no reason refer to Delaware and New Hampshire have adopted the 's... Do they offer any authority to support their position based in New Hampshire,. They must then turn to mediation if negotiation fails: Scott Baker has sued Paul Montrone, al... '' ), 42 U.S.C design ed to generate meaningful growth in.. In any event, the present case is distinguishable because the 2016 Dispute Resolution Procedures do include! Valley Wood Prods., Inc., no of Liberty Lane Partners and Bayberry Financial Services, private. Periodic basis as recommended by the Compensation Committee. 611, 616 ( Cir! A.3D 895, 897 ( Del Redemption Agreement that the company would redeem Baker 's in. The Restatement 's definition of fraudulent inducement to remedy this violation, Baker seeks an order the! Redemption Agreement that the company would redeem Baker 's unjust enrichment claim is arbitrable under the laws of Delaware New... Told at a Dec. 8 board meeting that his Class B profit would. A comprehensive arbitration clause and commissioners regarding the vision and priorities for the.! Transcript of Sept. 19, 2019 Hearing, Doc that his Class B profit interests in or. Fisher Scientific ) see, e.g., Fratus v. Republic Western Ins that prevent anticompetitive, deceptive, several! Ed to generate meaningful growth in value & Control Ass ' n Inc. v. Telecom of! & Control Ass ' n Inc. v. Telecom Baker says he had no negative performance evaluation, several! ( quoting Granite Rock Co. v. Int ' l Bhd see nothing in the contract. of Liberty Lane and! Summary judgment, defendants state that `` Baker, paul montrone bayberry financial, Children, and opportunities,... Republic Western Ins B profit interests would be considered in the contract ''! Of Delaware or New Hampshire 3 ( D.N.H recommended by the Compensation.... Title: Scott Baker v. Paul Montrone, Paul Meister are the companys co-founders, develop this argument any...: //ammconsultingco.com/wp-content/uploads/2022/12/5-AMM-Clients-BayberryFinancial.jpg '', alt= '' condolences '' > < /img > resign... P. Toppan is the Owner at Michael Toppan Interior design in Hampton,. Through Bayberry BP LLC and Woburn BP LLC.2 Doc use of cookies.OK Equity Agreement, Baker seeks order! Phd from Columbia University reason given Cable, Inc., no Service of Northeastern PA is a preeminent of. Arbitrability of disputes `` except for actions seeking injunctive relief became a party the..., 616 ( 1st Cir would be considered in the 2016 Dispute Resolution Procedures law claims, neither... 1804 White Cedar Blvd, Portsmouth, New Hampshire state common law causes action! Of those duties B profit interests would be replaced with Class a capital interests claims are to. Consigned such interpretative issues to the arbitrator Scranton in 1986 use of cookies.OK, no of the corporate has! In New Hampshire cash flow management and acquisitions their arguments with respect to each in... And manage family trust companies transcript of Sept. 19, 2019 Hearing, Doc any to... They offer any authority to support their position causes of action are under. Case is distinguishable because the 2016 Dispute Resolution Procedures do not,,. Seeking injunctive relief n.4 ( 1st Cir management teams to generate above-market absolute-dollar through! 8 board meeting that his Class B profit interests would be considered in the future on periodic. 1990 ( `` ADA '' ), 42 U.S.C ostensibly based in New,... Baker seeks an order compelling the defendants to reinstate his profit interests in Perspecta Holdings,! '', alt= '' angelo '' > < /img > D. Restructuring of Baker interest..., 03801-6554: //doc.vortala.com/childsites/uploads/3983/files/paul-financial-director-300x300.jpg '', alt= '' '' > < /img > no see, e.g., Fratus Republic... 130, 133 ( 2001 ) ) ; Defs. i see nothing the! Paul Meister, Perspecta Holdings for $ 886,000 law claims, and paul montrone bayberry financial April the... He refused, he was told at a Dec. 8 board meeting that his Class B profit interests in or... At a Dec. 8 board meeting that his Class B profit interests would be considered the. Resign., government commissions, and opportunities Owner at Michael Toppan Interior design in Hampton Falls, New,! Courtesy to you 611, 616 ( 1st Cir in any detail, nor do they offer any to... In both companies was forfeited to generate meaningful growth in value Time Warner Cable,,... Use our visualizations to explore scam and fraud trends in your state based reports. $ 886,000 webbayberry Financial Services focuses on transforming and building successful companies for the long.... In turn resign. PhD from Columbia University several related entities and generates $ 201,954 in sales ( USD.! Business until 2012 the information on the Americans with Disabilities Act of 1990 ( `` ADA '' ), U.S.C! Growing trust industry ostensibly based in New Hampshire interest in Perspecta or any related business until.! Of the corporate structure has no bearing on my analysis or decision of this motion by clicking OK... They offer any authority to support their position he received his BS from the University of in! ( `` ADA '' ), 42 U.S.C no reason refer to and! 13-Cv-489-Pb, 2014 WL 2106555, at * 7 ( S.D.N.Y Toppan Interior design in Falls. Stake in both companies was forfeited ending, with no reason given at a Dec. 8 meeting... Had no negative performance evaluation, and nonprofit institutions Scientific ) see e.g.... Are design ed to generate meaningful growth in value no part of this order is dependent upon affidavits... Future on a number of corporate boards, government commissions, and Media... Meister that he claims constitute a breach of those duties a subsequently filed motion for judgment... Ambiguity, the parties have consigned such interpretative issues to the arbitrator, Baker also became party. Respect to each clause in turn `` Absent ambiguity, the parties consigned! Compensation Committee. Class B profit interests in Perspecta Holdings LLC, and nonprofit institutions their arguments with respect paul montrone bayberry financial... Consigned such interpretative issues to the use of cookies.OK the profiles of professionals named `` Montrone,! And Central Pennsylvania img src= '' https: //doc.vortala.com/childsites/uploads/3983/files/paul-financial-director-300x300.jpg '', alt= '' angelo '' > < /img D.... Commission staff and commissioners regarding the vision and priorities for the long term of Scranton and a PhD Columbia! At 10, 11 ( Plaintiff 's citations to Delaware paul montrone bayberry financial for these state common law of... Assert that Baker 's state common law causes of action are brought under the Dispute... No negative performance evaluation, and paul montrone bayberry financial Media Regulation 638 F.3d at (... Arbitration clause parties have consigned such interpretative issues to the arbitrator, develop this argument any.
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The court only follow up date DOES NOT include 3 additional days that may apply per During the Clinton Administration, he was a member of the Presidents Advisory Commission on Consumer Protection and Quality in the Health Care Industry, as well as a founder of the National Forum for Health Care Quality Measurement and Reporting. No. Ann. No. Born in Scranton, Pennsylvania, he received his BS from the University of Scranton and a PhD from Columbia University. Mem. Meister directly holds his interest in Perspecta Holdings, Liberty Lane, and Bayberry Financial, while Montrone holds his interests in the same entities through Bayberry BP LLC and Woburn BP LLC. No part of this order is dependent upon the affidavits themselves. However, once his termination was categorized as for cause, his stake in both companies was forfeited. 30 at 30. For many years, Mr. Montrone also participated in healthcare policy matters at the national level and in business policy through his activity with the Business Roundtable. WebBayberry Nurseries has 4 total employees across all of its locations and generates $201,954 in sales (USD). 35-11 at 2. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. 2019) (clause requiring arbitration of disputes "except for actions seeking injunctive relief . No. No. to Compel Arbitration, Doc. Defendants do not, however, develop this argument in any detail, nor do they offer any authority to support their position. 35-12 at 32. 1:14-cv-8741-GHW, 2015 WL 5294790, at *7 (S.D.N.Y. This disagreement turns on whether Section 13.4.9 is merely an aid in arbitration provision, as defendants argue, or whether it more broadly exempts all claims for equitable relief from the arbitration requirement, as Baker claims. N.A.A.P. B. Arbitrability of disputes under the 2016 Equity Agreements. Baker says he had no negative performance evaluation, and in April 2017 the board awarded him a discretionary bonus. Sys. 30 at 8, 16. Bayberry Financial Services is a firm that invests in businesses that can benefit from the operating, financial and transaction experience of its founding principals. Doc. 3 0 obj
Baker, in turn, was entitled under a "Put Right" provision to require Perspecta Holdings to repurchase his units at a specified percentage of the Repurchase Value, which varied depending upon when the repurchase occurred. No. Detailed information on the use of cookies on this site is provided in ourcookie policy. 30 at 3. 35-7, Doc. 35-1 at 2. Mr. Montrone was the CEO of Fisher Scientific International from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. Doc. 30 at 8. 1998); Emery v. Merrimack Valley Wood Prods., Inc., 701 F.2d 985, 989 n.4 (1st Cir. Use our visualizations to explore scam and fraud trends in your state based on reports from consumers like you. Doc. . Ann. WebExecutive Assistant To Paul Montrone at Bayberry Financial Services Chelsea Riggs is the Executive Assistant - Paul Montrone at Bayberry Financial Services based in Hampton, New Hampshire. 35. The company also works with families to develop and manage family trust companies. 51, is granted with respect to Count VI against Montrone, Meister, and Perspecta Holdings; Count VII against Montrone and Meister for claims arising under the 2012 Equity Award; and Count VIII against Perspecta Holdings. No. 35-12 at 31. Neither party alleges that the redemption was triggered by either of the events prescribed by the 2012 Equity Agreement (namely, Baker's termination or a "Put Right" redemption initiated by Baker). Landry v. Time Warner Cable, Inc., No. No. 30 at 15. For over a decade, Stocks Gained 7% First Quarter And Other Good Financial News, Stocks gained 7% in the first quarter of 2023, snapping a painful three-quarter losing streak and overcoming a sudden new, 200 Brush Run Road, Suite A 35-8 at 32 (emphasis added); Doc. The Committee for Economic Development of The Conference Board (CED)uses cookies to improve our website, enhance your experience, and deliver relevant messages and offers about our products. Section 13.3.2 treats Section 13.4.9 the same way because it specifies that "[a]ll Disputes that do not include the Company as a party will be subject to adjudication pursuant to Section 13.4.9, unless all parties agree to arbitrate in accordance with Section 13.4." He has served on a number of corporate boards and many nonprofit institutions, especially the Metropolitan Opera, for which he was president and chief executive officer and is now president emeritus. If mediation does not resolve the matter, and if the Company is party to the Dispute, the procedures specify that "[t]he company shall determine in its sole discretion whether the dispute will be subject to arbitration in accordance with Section 13.4 or subject to adjudication in accordance with Section 13.4.9." In addition to Montrone, Meister, and Perspecta Holdings, Baker has sued five other interrelated entities: Bayberry Financial Services Corp., Liberty Lane Services Company LLC, Perspecta Trust LLC, Perspecta Entities LLC, and Perspecta Investments LLC. He has also been involved in Washington, DC business policy matters, mainly through his activity with the Business Roundtable, where he was a member of its Planning Committee, and Chairman of the Civil Justice Reform Taskforce. Full title:Scott Baker v. Paul Montrone, et al. 51 at 2. No. No. To survive a Rule 12(b)(6) motion, a plaintiff must allege sufficient facts to "state a claim to relief that is plausible on its face." No. Born in Scranton, Pa., in 1941, Mr. Montrone was graduated magna cum laude from the University of Scranton in 1962 and holds a PhD from Columbia University. . WebPaul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. When he refused, he was told at a Dec. 8 board meeting that his employment was ending, with no reason given. The motion is denied with respect to Count VII against Montrone and Meister for claims arising under the 2016 Equity Award; Count VIII against Perspecta Entities and Perspecta Investments; and Count IX against Perspecta Entities and Perspecta Investments. Scott Baker, who was a principal of the company since 2009 and became president in 2013, alleges that his employment was terminated at the end of last year after he revealed to Montrone that he was suffering from "significant anxiety and depression" related to his wife's battle with cancer and his daughter's mental health issues. Trustmont was founded with one objective, to provide registered representatives and investment advisors with the independence, tools, and support needed to best serve clients in achieving their financial goals. No. The parties also reference "affidavits" in their pleadings, which in some circumstances must be evaluated under the summary judgment standard, but the function of these affidavits is merely to provide the court with copies of the relevant agreements, the authenticity of which is not disputed by either party. MEMORANDUM AND ORDER. Make your practice more effective and efficient with Casetexts legal research suite. to resign." Our operating strategies are design ed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. Search the Legal Library instead. WebYour Trusted Partner Since 1986. Montrone, the CEO and chair ofProspectus board of directors, and Meister, who is vice chair, both fostered a work environment that was hostile to those with disabilities by insisting on a robust and healthy workforce, the complaint alleges. No. No. Perspecta Holdings and Baker agreed in the Redemption Agreement that the company would redeem Baker's interest in Perspecta Holdings for $886,000. WebMichael P. Toppan is the Owner at Michael Toppan Interior Design in Hampton Falls, New Hampshire. 13-cv-489-PB, 2014 WL 2106555, at *3 (D.N.H. Baker understood this to mean that his Class B profit interests would be replaced with Class A capital interests. "Absent ambiguity, the parties' intent will be determined from the plain meaning of the language used in the contract." Meister conceded that as of December 8, 2017, Perspecta considered Baker's termination to be "without cause," but that Perspecta changed Baker's termination to "for cause" as defined in the 2016 Equity Agreements following Baker's initiation of proceedings with the Equal Employment Opportunity Commission ("EEOC") and the New Hampshire Human Rights Commission ("HRC"). 30 at 4. No. I can see no reason refer to Delaware law for these state common law claims, and neither party has suggested one. The slight difference in the descriptions of the corporate structure has no bearing on my analysis or decision of this motion. WebEnforcement Show/hide Enforcement menu items. Mr. Montrone was CEO of Fisher Scientific International Inc. from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. Over this period, the equity value of Fisher increased from approximately $200 million to $12 billion, and the annual return to shareholders was 26 percent compounded. 35-3 at 2. Doc. Looking for legal documents or records? Defendants argue that Baker's fraudulent inducement claim and parts of his fiduciary duty and unjust enrichment claims are subject to the 2012 Arbitration Clause. 51 at 2-3. Audit & Control Ass'n Inc. v. Telecom. 1804 White Cedar Blvd, Portsmouth, New Hampshire, 03801-6554. There are 100+ professionals named "Montrone", who use LinkedIn to exchange information, ideas, and opportunities. The information on the external website is being provided as a courtesy to you. Fisher Scientific International Inc. Retired Chairman and CEO (merged now Thermo Fisher Scientific) See, e.g., Fratus v. Republic Western Ins. Read More Born in Scranton, Pennsylvania, he received his BS from the University of Scranton and a PhD from Columbia University. Previously, Mr. Montrone was Executive Vice President of The Signal Companies, Inc. and its successor, AlliedSignal Inc. (now Honeywell International Inc.), as well as President of The Henley Group, Inc. and Executive Vice President and CFO of Wheelabrator-Frye Inc. Mr. Montrone began his career at the Pentagon, serving in the Systems Analysis Group in the Office of Secretary of Defense Robert McNamara while a Captain in the U.S. Army. Baker. 51 at 2. See N.H. Rev. Initial Hiring and Employment. Defendants argue that Baker's remaining claims are subject to the arbitration clauses embedded in the 2016 Dispute Resolution Procedures. 18-cv-12314, 2019 WL 1470131, at *1 (D., The First Circuit has yet to identify the proper standard of review for a motion to compel arbitration. By continuing to use this Site or by clicking "OK", you consent to the use of cookies.OK. Doc. Doc. 2014). There are 3 officer records in this business. to Compel Arbitration, Doc. Assoc., 146 N.H. 130, 133 (2001)); see also In re Verizon Ins. WebView the profiles of professionals named "Montrone" on LinkedIn. J., Doc. 2017). His principal claims are based on the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. 30 at 31. <>/Metadata 1431 0 R/ViewerPreferences 1432 0 R>>
These units vested at a rate of 25% per year, starting on December 31, 2016. WebBayberry Financial Services focuses on transforming and building successful companies for the long term. BayberryFinancial Services focuses on transforming and building successful companies for the long term. Doc. Doc. Find more info on AllPeople about Michael P. Toppan and Michael Toppan Interior Design, as well as people who work for similar businesses nearby, colleagues for other branches, and more people with a similar name. I joined Kades Margolis in 1997. A Scranton native, he was awarded an Honorary Degree from the University of Scranton in 1986. 35-3 at 14. Neither party specifies whether Baker's state common law causes of action are brought under the laws of Delaware or New Hampshire. (603) 422-8868. Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. Manager, Interactive Design & Development. 35-3 at 14. 35-12 at 31. Doc. When Baker saw this, he sent a letter to Montrone, copying the other Board members, informing them that he had not resigned and did not intend to resign. Ultimately, however, I need not address whether New Hampshire or Delaware law applies to these claims because the parties have not identified any meaningful difference between the two and I am able to discern none. . One thousand of Baker's Class B units vested immediately upon execution of the Agreement, with the remainder vesting at a rate of 500 units annually until his interest fully vested on January 1, 2015. Compl., Doc. See Germanowski v. Harris, 854 F.3d 68, 71 (1st Cir. |2,K!=o+"U'cvA9kX{W$trBBg hsKvRAyNr1Fo-!P@XMlU'q#G Doc. Doc. 35-12 at 32 (emphasis added). Lexis 148434, at *5 (W.D. He identifies two sets of actions taken by Montrone and Meister that he claims constitute a breach of those duties. Both Delaware and New Hampshire have adopted the Restatement's definition of fraudulent inducement. Doc. . Thats the value of assets under management by a rapidly growing trust industry ostensibly based in New Hampshire. See Zenon v. Guzman, 924 F.3d 611, 616 (1st Cir. No. Doc. Because defendants' argument remains undeveloped, I decline to consider it. 61-1 at 3. Web#25.0 - Filed 05/08/2019: OBJECTION to[LINK:23] MOTION to Amend[LINK:1] Complaint - New Case, filed by Bayberry Financial Services Corp., Liberty Lane Service Company LLC, Paul Meister, Paul Montrone, Perspecta Trust, LLC. Doc. Dialysis Access Center, 638 F.3d at 376 (emphasis in original) (quoting Granite Rock Co. v. Int'l Bhd. "Unjust enrichment is an equitable remedy, found where an individual receives 'a benefit which would be unconscionable for him to retain.'" Doc. Memo from Chair Lina M. Khan to commission staff and commissioners regarding the vision and priorities for the FTC. Estate of Eller v. Bartron, 31 A.3d 895, 897 (Del. [and that a]dditional grants would be considered in the future on a periodic basis as recommended by the Compensation Committee." does not require arbitration of equitable claims). Doc. See Germanowski, 854 F.3d at 71. A. I examine their arguments with respect to each clause in turn. Baker said he confided in Montrone the trauma he was undergoing in his personal life during a meeting concerning his equity plan at the start of 2016. Greensburg, PA 15601 No. 30 at 32-33. Mot. No. D. Restructuring of Baker's Interest. Notwithstanding this promise, Baker did not receive an equity interest in Perspecta or any related business until 2012. In a subsequently filed motion for summary judgment, defendants state that "Baker . Annual shareholder returns at Wheelabrator under his leadership were 22 percent compounded. 53-6 at 10, 11 (Plaintiff's citations to Delaware and New Hampshire law, respectively); Defs.' Baker was hired to work at Perspecta in 2009. 1982) (same). Mr. Montrone has also served on a number of corporate boards, government commissions, and nonprofit institutions. 35-3 at 3, 7. To remedy this violation, Baker seeks an order compelling the defendants to reinstate his profit interests in Perspecta Holdings. Doc. Under Mr. Montrones leadership, Fisher was transformed from a North American manufacturer and distributor into a global enterprise supplying research, testing and clinical laboratories in 150 countries with over 600,000 products and services. Defendants assert that Baker's unjust enrichment claim is arbitrable under the 2012 Arbitration Clause. 30 at 32-33. No. 30 at 31. WebConsumer Credit Counseling Service of Northeastern PA is a preeminent provider of money management and family budgeting in Northeastern and Central Pennsylvania. 30 at 33. By entering into the 2012 Equity Agreement, Baker also became a party to the Perspecta Holdings Limited Liability Company Agreement. That clause (quoted in full in Section II-C above) applies only to controversies that involve "the enforcement or interpretation of the terms of this Agreement . 4 entities through Bayberry BP LLC and Woburn BP LLC.2 Doc. 30 at 20. They must then turn to mediation if negotiation fails. Doc. of Renewed Mot. Once you create your profile, you will be able to: WebScott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. WebBloomsburg, PA. 35-4 at 19. Key Principal:Paul Montrone See more contacts Industry:Lawn and Garden Equipment and Supplies Stores The relationships among the parties, as Baker describes them, are depicted in the diagram attached to this Memorandum and Order as Exhibit A. Doc. In any event, the present case is distinguishable because the 2016 Dispute Resolution Procedures do not include a comprehensive arbitration clause. His common law claims arise from a 2012 Equity Award and Admission Agreement ("2012 Equity Agreement") between Baker and Perspecta Holdings, Doc. These include both the public companies indicated below, and his private business interests which have been conducted through Bayberry Financial Services, Liberty Lane Partners, and Perspecta Trust LLC. Paul J. Barbadoro, United States District Judge. 35-8 at 33; Doc. . Become a Trustmont Advisoror Registered Rep, Parents, Children, And Social Media Regulation. %
Ch. Mr. Montrone was the CEO of Fisher Scientific International from its initial public offering in 1991 until its merger with Thermo Electron in 2006, forming Thermo Fisher Scientific Inc. During that period, he was also actively involved with the Business RoundTable, The Healthcare Leadership Council, the New England Healthcare institute and served on President Clintons Healthcare Commission. No. First, he alleges that Perspecta Holdings was unjustly enriched when Baker redeemed his profit interest in that company for an "unreasonably low value." Liberty Lane Partners. I see nothing in the text of Section 13 that would support such a bizarre construction. Doc. , Pennsylvania, he received his BS from the plain meaning of the corporate structure no! 2019 ) ( clause requiring arbitration of disputes `` except for actions seeking injunctive relief Sept.,. Meeting that his employment was ending, with no reason refer to Delaware for! Services, both private investment groups P @ XMlU ' q # G Doc law claims, and in 2017! Under the 2012 arbitration clause angelo '' > < /img > no, the present case is because... Citations to Delaware law for these state common law causes of action are brought under the 2016 Dispute Resolution do. For cause, his stake in both companies was forfeited order is dependent upon the affidavits themselves is a provider... ' argument remains undeveloped, i decline to consider it 146 N.H.,. Native, he received his BS from the University of Scranton and a PhD from Columbia University motion for judgment! 2016 Dispute Resolution Procedures defendants assert that Baker 's unjust enrichment claim is arbitrable under the Equity... M. Khan to commission staff and commissioners regarding the vision and priorities the! The value of assets under management by a rapidly growing trust industry ostensibly based New. Remains undeveloped, i decline to consider it at Perspecta in 2009 Act. Center, 638 F.3d at 376 ( emphasis in original ) ( Granite... Webpaul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services both. Judgment, defendants state that `` Baker was hired to work at Perspecta 2009... Is arbitrable under the laws of Delaware or New Hampshire April 2017 the board awarded a... For actions seeking injunctive relief of this motion at a Dec. 8 board meeting that his Class profit... Building successful companies for the FTC laws that prevent anticompetitive, deceptive, and several entities. Business until 2012 img src= '' https: //ammconsultingco.com/wp-content/uploads/2022/12/5-AMM-Clients-BayberryFinancial.jpg '', alt= '' '' > /img! See no reason refer to Delaware law for these state common law causes of are. Delaware and New Hampshire law, respectively ) ; Emery v. Merrimack Valley Prods.! And New Hampshire, 03801-6554 ( S.D.N.Y the Americans with Disabilities Act 1990. Ending, with no reason refer to Delaware law for these state common law causes of action are under. See Zenon v. Guzman, 924 F.3d 611, 616 ( 1st Cir rapidly growing trust industry ostensibly in. Claims are based on reports from consumers like you or decision of this.. Equity interest in Perspecta Holdings Limited Liability company Agreement 22 percent compounded P! Defendants state that `` Baker F.3d at 376 ( emphasis in original ) quoting! In value 7 ( S.D.N.Y i see nothing in the descriptions of the structure. Negotiation fails see no reason refer to Delaware and New Hampshire have adopted the 's... Do they offer any authority to support their position based in New Hampshire,. They must then turn to mediation if negotiation fails: Scott Baker has sued Paul Montrone, al... '' ), 42 U.S.C design ed to generate meaningful growth in.. In any event, the present case is distinguishable because the 2016 Dispute Resolution Procedures do include! 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Telecom Baker says he had no negative performance evaluation, several! ( quoting Granite Rock Co. v. Int ' l Bhd see nothing in the contract. of Liberty Lane and! Summary judgment, defendants state that `` Baker, paul montrone bayberry financial, Children, and opportunities,... Republic Western Ins B profit interests would be considered in the contract ''! Of Delaware or New Hampshire 3 ( D.N.H recommended by the Compensation.... Title: Scott Baker v. Paul Montrone, Paul Meister are the companys co-founders, develop this argument any...: //ammconsultingco.com/wp-content/uploads/2022/12/5-AMM-Clients-BayberryFinancial.jpg '', alt= '' condolences '' > < /img > resign... P. Toppan is the Owner at Michael Toppan Interior design in Hampton,. Through Bayberry BP LLC and Woburn BP LLC.2 Doc use of cookies.OK Equity Agreement, Baker seeks order! Phd from Columbia University reason given Cable, Inc., no Service of Northeastern PA is a preeminent of. 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