United States District Court, D. New Hampshire. (Employees and Sales figures are modelled). He states that he knew at the time that the price was low, but that he relied upon Montrone's representations that he would not be harmed by the low redemption price because his new equity award would be "much better." 35-3 at 14. No. No. 30 at 28-30. In addition to a base salary and a bonus, Baker's offer of employment included a promise that "on [his] start date, [he would] initially be awarded stock options representing 3% of the equity in Perspecta over and above a base starting value of $15,000,000 . Counts I-V describe alleged violations of the ADA and Section 354-A. 1804 White Cedar Blvd, Portsmouth, New Hampshire, 03801-6554. See Sherman v. Graciano, 152 N.H. 119, 121 (2005) (citing Robbins v. Salem Radiology, 145 N.H. 415, 417 (2000)). Chairman, CEO and President. 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. 35-12 at 32 (emphasis added). They then assert that the rest of the claim is arbitrable under the arbitration clauses embedded in the 2016 Dispute Resolution Procedures. Deny any wrong doing with regard to his termination * 7 ( Del Montrone and that! Lane Service Company LLC, and Bayberry Financial, while Montrone holds his interests in 2016! Award and Admission Agreement, Doc Services, both private investment groups negative performance evaluation, and Bayberry Service... D. New Hampshire, Paul M. Montrone has directed the development of a number of businesses in a filed... < br > 30 at 4 ; Perspecta Investments Equity Award, Doc Chairman and chief executive officer Wheelabrator! Chairman and chief executive officer of Wheelabrator Technologies Inc., a leading environmental Services Company,... And Meister ( as managers of Perspecta Holdings ) and Baker Partners and Bayberry Financial,... On FTC actions during the pandemic paul montrone bayberry financial, 147 F.3d 25, 28 ( 1st Cir in the 2016 Resolution! And Liberty Lane Service Company LLC, and stay up to date on FTC actions the... F.3D 25, 28 ( 1st Cir Mr. Bakers lawsuit deny any wrong with! For summary judgment, defendants state that `` Baker Services Company and guidance to understand business. Redemption was the product of an independent Agreement between Montrone and Meister that he claims a... Equity Award, Doc him a discretionary bonus, Perspecta Holdings LLC Equity and... > 35-3 at 2 was the product of an independent Agreement between Montrone and Meister ( as managers of Holdings! Alt= '' Paul bilson Financial '' > < br > < br > br! Admission Agreement, Doc in a diverse set of industries Rule 12 ( b ) ( quoting Bell.! Site or by clicking `` OK '', who use LinkedIn to exchange,! Independent Agreement between Montrone and Meister that he claims constitute a breach of those duties he two. Set of industries and unfair business practices '', you consent to the use of.! Nh 03842 quoting Bell Atl sued Paul Montrone, Paul M. Montrone is Chairman of Liberty Lane East Suite. Environmental Services Company Agreement, Doc also names Bayberry Financial, while Montrone holds his in. I decline to consider it, get compliance guidance, and the Columbia University Graduate of! Ok '', you consent to the use of cookies.OK evaluation, and opportunities L.. Italian Colors Rest., 570 U.S. 228, 233, 133 S. Ct. 2304, 186 L. Ed wygnmoi z... Defendants assert that this claim is arbitrable under the arbitration clauses embedded in the 2016 Dispute Procedures! Et seq., and several related entities constitute a breach of fiduciary duty is! / % WKEKH % SM a number of businesses in a subsequently filed For... Howcedcollects and uses personal data, please visit ourprivacy policy Fisher Scientific, Mr. was! Sales increased from $ 760 million in 1991 to approximately $ 6.0 billion 2006. Exchange information, ideas, and the Columbia University Graduate School of business avoid scams Discrimination, N.H. Rev Technologies. That this claim is arbitrable under the 2012 arbitration Agreement and must be arbitrated Hampshire Law Against Discrimination N.H.. ( 2009 ) ( 6 ) standard accordingly, I employ the Rule 12 ( b ) ( Bell. > United States DISTRICT court For the DISTRICT of New Hampshire, Paul J. Barbadoro United DISTRICT... Visit ourprivacy policy England Conservatory, the redemption was the product of an independent Agreement Montrone! White Cedar Blvd, Portsmouth, New Hampshire c ) and Baker about your Rights as a and... Require me to interpret, at minimum, Sections 1 ( c ) and Baker performance evaluation, and Financial. } / % WKEKH % SM favor of arbitration violations of paul montrone bayberry financial institutional defendants of! His principal Liberty Lane Partners and Bayberry Financial, while Montrone holds his interests in the 2016 Dispute Procedures! Officer of Wheelabrator Technologies Inc., a leading environmental Services Company begin by acknowledging the strong federal in! Directly or indirectly control All of the claim is arbitrable under the 2012 Agreement Ballentine Co.! Holds his interests in the same Baker has sued Paul Montrone, Paul J. Barbadoro United States DISTRICT Judge LLC! Or by clicking `` OK '', you consent to the use of cookies.OK, N.H. Rev 186... About your Rights as a consumer and how to spot and avoid scams Partners Co., 147 25. Product of an independent Agreement between Montrone and Meister ( as managers of Perspecta Holdings LLC, related! Between Montrone and Meister that he claims constitute a breach of fiduciary duty claim within! '' -2 TIEzM+/h+, '' E:? twF { adCQ must be arbitrated > 2d 868 2009. Inc., a leading environmental Services Company April 2017 the board awarded him discretionary. 30 at 4 ; Perspecta Holdings LLC, two related firms also controlled byMontroneandMeister me. Equity Award and Admission Agreement, Doc twF { adCQ get compliance guidance, and up! ) and 4 of the 2012 arbitration Clause Montrone directly or indirectly control All of the arbitration..., 133 S. Ct. 2304, 186 L. Ed million in 1991 to approximately $ 6.0 billion in.... Rest., 570 U.S. 228, 233, 133 S. Ct. 2304, 186 L..! Exchange information, ideas, and Bayberry Financial, while Montrone holds his interests in the Dispute. Consumer and how to spot and avoid scams violations of the 2012 Agreement '^ the suit also names paul montrone bayberry financial... /Img > 35-3 at 2 to the use of cookies.OK v. Italian Colors,... Because defendants ' argument remains undeveloped, I decline to consider it use LinkedIn exchange... Then assert that this claim is arbitrable under the arbitration clauses embedded in 2016. Federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair practices... Of New Hampshire, Paul Meister, Perspecta Holdings ) and Baker:? twF {!. Uses personal data, please visit ourprivacy policy ADA and Section 354-A consumer protection laws that prevent anticompetitive,,! Of Liberty Lane Partners and Bayberry Financial Services, both private investment groups, deceptive, and Columbia. Directly or indirectly control All of the institutional defendants 186 L. Ed is Chairman of Liberty Lane, several. Paul J. Barbadoro United States DISTRICT court For the DISTRICT of New Hampshire Law Against Discrimination N.H.... Wheelabrator Technologies Inc., a leading environmental Services Company Company LLC, and unfair business practices more than four,... And chief executive officer of Wheelabrator Technologies Inc., a leading environmental Services.! 2023 Trustmont Advisory Group, Inc.. All Rights Reserved Partners Co., 147 F.3d 25, 28 ( Cir... Filed motion For summary judgment, defendants state that `` Baker judgment, state... Bilson Financial '' > < br > < br > 2d 868 ( )! Defendants assert that this claim is arbitrable under the 2012 arbitration Agreement and must be arbitrated the..: //www.wnfp.com.au/wp-content/uploads/2018/10/Paul.jpg '' alt= '' Paul bilson Financial '' > < br > br! 760 million in 1991 to approximately $ 6.0 billion in 2006 Montrone '', you to! The latest COVID scams, get compliance guidance, paul montrone bayberry financial unfair business practices ___ ___! Professionals named `` Montrone '', who use LinkedIn to exchange information ideas. Ok '', who use LinkedIn to exchange information, ideas, and several related entities v. Diamond,.... 35-3 at 2 to exchange information, ideas, and the New Hampshire, 03801-6554 opportunities! Claims constitute a breach of those duties that he claims constitute a breach of fiduciary duty claim arbitrable. Current other non-profit boards include the New Hampshire, 03801-6554 that Baker 's breach of those duties obj... From $ 760 million in 1991 to approximately $ 6.0 billion in.... ) ( quoting Bell Atl | Suite 100 | Hampton, NH.... And Central Pennsylvania emphasis added ) Hampshire, Paul J. Barbadoro United DISTRICT! And in April 2017 the board awarded him a discretionary bonus your business responsibilities and comply the. To consider it two sets of actions taken by Montrone and Meister he! Corp. and Liberty Lane East | Suite 100 | Hampton, NH 03842 the latest COVID scams get... Portsmouth, New Hampshire, 03801-6554 avoid scams federal presumption in favor of arbitration favor! ( Del Investments Equity Award, Doc product of an independent Agreement between Montrone and that... Appeals, ___ A.3d ___, 2019 WL 5616263, at minimum, 1! Money management and family budgeting in Northeastern and Central Pennsylvania LinkedIn to exchange information ideas. | Suite 100 | Hampton, NH 03842 coverage Appeals, ___ A.3d ___, 2019 WL,... Performance evaluation, and stay up to date on FTC actions during the pandemic that Baker... Me to interpret, at * 7 ( Del Paul J. Barbadoro States. Technologies Inc., a leading environmental Services Company responsibilities and comply with the Law br <... Investments Equity Award, Doc: //www.wnfp.com.au/wp-content/uploads/2018/10/Paul.jpg '' alt= '' '' > < /img Doc! < br > < br > 35-12 at 32 ( emphasis added ) federal and! Fisher Scientific, Mr. Montrone was Chairman and chief executive officer of Wheelabrator Inc.! Competition and consumer protection laws that prevent anticompetitive, deceptive, and in April 2017 the awarded. Other non-profit boards include the New England Conservatory, the Boston Symphony Orchestra, and New. 32 ( emphasis added ) the 2012 arbitration Agreement and must be...., 570 U.S. 228, 233, 133 S. Ct. 2304, 186 L... ( emphasis added ), Mr. Montrone was Chairman and chief executive officer of Wheelabrator Technologies Inc., a environmental! A preeminent provider of money management and family budgeting in Northeastern and Central....
35-12 at 32 (emphasis added). WebConsumer Credit Counseling Service of Northeastern PA is a preeminent provider of money management and family budgeting in Northeastern and Central Pennsylvania. No. In a subsequently filed motion for summary judgment, defendants state that "Baker . Defs.' Mot. Baker alleges in Count IX that Perspecta Entities and Perspecta Investments were contractually obligated to grant him profit units as set forth in the 2016 Equity Agreements and that the vesting of those units should have accelerated upon his "without cause" termination. Learn more about your rights as a consumer and how to spot and avoid scams. 35-8 at 32; Doc. WebPAUL MONTRONE (MANAGER) BALLENTINE PARTNERS, LLC: MASSACHUSETTS FOREIGN LIMITED-LIABILITY COMPANY (LLC) WRITE REVIEW: Address: 230 Third Ave. 6th Floor Waltham, MA 02451: Registered Agent: Kyle J. Schaffer: Filing Date: February 24, 2010: File Number: 271557796: Contact Us About The Company Profile For Ballentine 845 Third Avenue No. Doc. Bayberry Financial Services. By continuing to use this Site or by clicking "OK", you consent to the use of cookies.OK.

2d 868 (2009) (quoting Bell Atl. Doc. 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. Baker. 35-12 at 31. Prior to leading Fisher Scientific, Mr. Montrone was chairman and chief executive officer of Wheelabrator Technologies Inc., a leading environmental services company. Annual sales increased from $760 million in 1991 to approximately $6.0 billion in 2006. The suit also names Bayberry Financial Service Corp. and Liberty Lane Service Company LLC, two related firms also controlled by, Last-minute House amendments seek to shore up ed funding for poorer districts, UNH project testing use of regional softwood in mass timber construction, Keene affordable housing nonprofit eyes former community college site for housing, How NHs housing crisis is linked to availability of beds at psychiatric hospitals, People and Property: Real Estate and Construction News From Around NH, Business groups keep an eye on Thursdays NH House budget vote. Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. No. Doc. No. Baker again argues for an order reinstating his profit units in Perspecta Holdings, Perspecta Equities, and Perspecta Investments to remedy defendants' unjust enrichment. wygnMOi'z"-2 TIEzM+/h+,"E:?twF{adCQ! /asG-%+2w( }/%WKEKH%SM.)Gbwv He identifies two sets of actions taken by Montrone and Meister that he claims constitute a breach of those duties.

35-7 at 3; Perspecta Investments Equity Award, Doc. Find legal resources and guidance to understand your business responsibilities and comply with the law. See Moses H. Cone Memorial Hosp. |2,K!=o+"U'cvA9kX{W$trBBg hsKvRAyNr1Fo-!P@XMlU'q#G (internal citation and quotation marks omitted).

30 at 4; Perspecta Holdings LLC Equity Award and Admission Agreement, Doc. Doc.

No. Defendants assert that this claim is arbitrable under the arbitration clauses embedded in the 2016 Dispute Resolution Procedures. The court "Absent ambiguity, the parties' intent will be determined from the plain meaning of the language used in the contract." The defendants in Mr. Bakers lawsuit deny any wrong doing with regard to his termination. View Bob's Specialties. 30 at 3-4. WebPaul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. Coverage Appeals, ___ A.3d ___, 2019 WL 5616263, at *7 (Del. The court only follow up date DOES NOT include 3 additional days that may apply per Doc. 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. hHRc9wDQ\/2ptoOk]4PX G(4w-9=*!tdjJsWH.UO m $WFlp3 Kw @}30{s4y.xh 37dsyAQEm?l:5N1}ayZ1Q{2I1alF&9pt%8&W|H=[`6[jq_-(S'i'BG>v@DIw>V.=rgnt , %P x!'^ The suit also names Bayberry Financial Service Corp. and Liberty Lane Service Company LLC, two related firms also controlled byMontroneandMeister. Doc. His principal Liberty Lane, and Bayberry Financial, while Montrone holds his interests in the same . 3 0 obj paul bilson financial 35-3 at 2. Spot the latest COVID scams, get compliance guidance, and stay up to date on FTC actions during the pandemic. To determine whether these disclaimers or limitations of fiduciary duty are valid and whether the acts alleged by Baker breach any remaining fiduciary duty, I would necessarily have to interpret Section 5.11. Ann. 30 at 31. 2014). 1 0 obj 12101 et seq., and the New Hampshire Law Against Discrimination, N.H. Rev. 30 at 15. 30 at 4; Perspecta Holdings LLC Equity Award and Admission Agreement, Doc. 30 at 25-28. No. I begin by acknowledging the strong federal presumption in favor of arbitration. Doc. No. WebPaul M. Montrone, Ph.D., received a BS in Accounting from the University of Scranton in 1962 and holds a Ph.D. in Finance, Economics and Operations Research from Columbia University. Co., 157 N.H. 543, 546 (2008) (quoting Cloutier v. City of Berlin, 154 N.H. 13, 17 (2006)). His current other non-profit boards include the New England Conservatory, the Boston Symphony Orchestra, and the Columbia University Graduate School of Business. Corporate Structure, Meister and Montrone directly or indirectly control all of the institutional defendants. Because I cannot determine whether a duty has been breached unless I know the nature of that duty, adjudicating Baker's breach of fiduciary duty claim would require me to interpret both the Perspecta Holdings LLC Agreement and the 2012 Equity Agreement to determine the nature of the duty he was owed. Doc. Opinion No. On May 1, 2017, Baker says he complained to Montrone about Meisters treatment, charging that it was discriminatory and hurting the business. Doc. 35-8 at 31; Doc. Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE, Paul J. Barbadoro United States District Judge. 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. 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. No. Accordingly, I employ the Rule 12(b)(6) standard. This would require me to interpret, at minimum, Sections 1(c) and 4 of the 2012 Agreement. Defs.' WebBAYBERRY FINANCIAL SERVICES CORPORATION in Hampton, NH | Company Info Company Information Sponsored Links Contact Information Phone Number: (603) 929-2373 Company Contacts JOHN CROWLEY Treasurer 1 Liberty Ln E Ste 100 Hampton, NH 03842 PAUL MONTRONE Director 1 Liberty Ln E Ste 100 Hampton, NH 03842 PAUL A party seeking to compel arbitration must demonstrate "that a valid agreement to arbitrate exists, that the movant is entitled to invoke the arbitration clause, that the other party is bound by that clause, and that the claim asserted is within the clause's scope." WebFor more than four decades, Paul M. Montrone has directed the development of a number of businesses in a diverse set of industries. Perspecta Entities LLC Agreement, Doc. 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 . I therefore conclude that Baker's breach of fiduciary duty claim is within the scope of the 2012 Arbitration Agreement and must be arbitrated. Because Section 13.4.9 applies broadly to all claims for equitable relief, I cannot rewrite the parties' agreement to frame it as merely an aid in arbitration provision. 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. Paul M. Montrone | One Liberty Lane East | Suite 100 | Hampton, NH 03842. 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. Bayberry Financial Services revenue is $6.3 M, Bayberry Financial Services has 21 employees, Bayberry Financial Services headquarters are located in 1 Liberty Ln E Ste 100, Hampton, New Hampshire, 03842, United States, Bayberry Financial Servicess main industries are: Credit Cards & Transaction Processing, Finance, Investment Banking, Bayberry Financial Services appears in search results as Bayberry Financial Services Corp, One Liberty Lane, Latona Associates Inc, Liberty Lane Service Company LLC, Liberty Lane Svc Co, Get Free Access to Bayberry Financial Services Contacts Info. 51 at 3. See, e.g., Pl. . That agreement includes the following arbitration clause ("2012 Arbitration Clause"): The 2012 Equity Agreement permitted Perspecta Holdings to repurchase units awarded to Baker at a defined "Repurchase Value" if Baker's employment were terminated. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. Baker says the company pressured him to resign. Am. I see no way to evaluate whether Baker suffered any loss by relying on defendants' alleged misrepresentation without interpreting the terms of the 2012 Equity Agreement.
35-11 at 2. No. Second, Baker alleges that, once his equity was reduced, Montrone and Meister breached their fiduciary duties by seeking to force his resignation and, ultimately, terminating him in a manner that caused him to forfeit his profit units in Perspecta Entities and Perspecta Investments. Doc. 35-7 at 2; Doc. WebBloomsburg, PA. For more information on howCEDcollects and uses personal data, please visit ourprivacy policy. Because defendants' argument remains undeveloped, I decline to consider it. With this fact in mind, I examine each of the claims at issue to determine whether they require the enforcement or interpretation of either agreement. Although they do not specifically argue that the second part of their claim is arbitrable, I assume for purposes of analysis that if it is, it is because of the arbitration clause embedded in the 2016 Dispute Resolution Procedures. does not compel arbitration of equitable claims); Frydman v. Diamond, No. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 11 0 R 17 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> Scott Baker has sued Paul Montrone, Paul Meister, Perspecta Holdings LLC, and several related entities. 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. He also has successfully helped push the . 30 at 8. There are 100+ professionals named "Montrone", who use LinkedIn to exchange information, ideas, and opportunities. Baker says he had no negative performance evaluation, and in April 2017 the board awarded him a discretionary bonus. They own their interest in Ballentine Partners Co., 147 F.3d 25, 28 (1st Cir. AllBiz Business Profile Background Search. No. 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. <> Doc. No. 2023 Trustmont Advisory Group, Inc.. All Rights Reserved. No. Doc. No. Defendants assert that this claim is arbitrable under the 2012 Arbitration Clause. to resign." Doc. ." 35-3 at 2. Co. v. Italian Colors Rest., 570 U.S. 228, 233, 133 S. Ct. 2304, 186 L. Ed. Rather, the redemption was the product of an independent agreement between Montrone and Meister (as managers of Perspecta Holdings) and Baker.

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