paul montrone bayberry financial
Doc. 30 at 27-28. 
The company also works with families to develop and manage family trust companies. Baker alleges that the redemption price received for his interest in Perspecta Holdings was "unreasonably low." Paul M. Montrone | One Liberty Lane East | Suite 100 | Hampton, NH 03842. Audit & Control Ass'n Inc. v. Telecom. Baker claims that he relied on Montrone's representations that the new equity award would be superior to the 2012 Equity Agreement and he asserts that he would not have redeemed his interest in Perspecta Holdings if he had known the content of the 2016 Equity Agreements. In re Liquidation of Home Ins. 30 at 15. No. Defendants argue that the first part of Baker's breach of fiduciary duty claim is arbitrable pursuant to the 2012 Arbitration Clause. No. 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 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. No. 's Obj. No. The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. No. The court only follow up date DOES NOT include 3 additional days that may apply per He was a Director of The Healthcare Leadership Council and the New England Healthcare Institute, a member of the Health and Retirement Task Force of the Business Roundtable, and a currently a Director Emeritus of the Foundation for the National Institutes of Health. v. RMS Lifeline, Inc., 638 F.3d 367, 376 (1st Cir. 213 (S.D.N.Y. Baker alleges in Count VI that Montrone, Meister, and Perspecta Holdings fraudulently induced him to redeem his 20% profit interest in Perspecta Holdings. 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. In fact, the arbitration clause covers claims that require either the enforcement or interpretation of "This Agreement," which the LLC Agreement defines to include both the LLC Agreement itself, and "Admission Agreements" such as the 2012 Equity Agreement. No. Doc. 30 at 13. No. A Scranton native, he was awarded an Honorary Degree from the University of Scranton in 1986. No. 35-8 at 31; Doc. 35-4 at 19. 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. 35. for Summ. 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. 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. Doc. 
30 at 30. A. In resolving the motion, I assume the truth of Baker's well pleaded factual assertions and view the facts in the light most favorable to him. Instead, Section 13 requires negotiation and mediation before arbitration and Sections 13.3.1 and 13.3.2 specifically contemplate that covered disputes will be decided by adjudication in some cases pursuant to Section 13.4.9 rather than through arbitration pursuant to Section 13.4.1. 1:14-cv-8741-GHW, 2015 WL 5294790, at *7 (S.D.N.Y. View Bob's Specialties. Transcript of Sept. 19, 2019 Hearing, Doc. Doc. 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. Prior to leading Fisher Scientific, Mr. Montrone was chairman and chief executive officer of Wheelabrator Technologies Inc., a leading environmental services company. WebBAYBERRY FINANCIAL SERVICES CORPORATION was registered on Apr 21 2016 as a foreign profit corporation type with the address One Liberty Lane, Hampton, NH, 03842, USA . Doc. No. Prior to leading Fisher Scientific, Mr. Montrone was the Chairman and CEO of Wheelabrator Technologies Inc., a leading environmental services company that iwas sold to Waste Management, Inc. in 1990. endobj
30 at 31. The suit was filed in U.S. District court in Concord at the end of last week. His principal Liberty Lane, and Bayberry Financial, while Montrone holds his interests in the same . v. Mercury Constr. Perspecta Holdings and Baker agreed in the Redemption Agreement that the company would redeem Baker's interest in Perspecta Holdings for $886,000. . WebView the profiles of professionals named "Montrone" on LinkedIn. Under both New Hampshire and Delaware law, LLC managers owe fiduciary duties by default. 30 at 28-30. Bayberry Financial Services is part of the Credit Cards & Transaction Processing industry, and located in New Hampshire, United States. At the December 8, 2017 Board meeting, Baker alleges he was told that his employment was "ending," with no indication whether the termination was for cause or without cause. His remaining counts raise common law claims of fraudulent inducement, breach of fiduciary duty, unjust enrichment, and breach of contract. Defendants base their demand for arbitration in part on the 2012 Arbitration Clause and in part on the somewhat differently worded arbitration clauses embedded in the 2016 Dispute Resolution Procedures. 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. 35-8 at 32 (emphasis added); Doc. 17 C 2066, 2017 WL 2720433, at *1 (N.D. Ill. June 23, 2017); Davis v. SEVA Beauty, LLC, C17-547 TSZ, 2017 U.S. Dist. 2017). Doc. Baker alleges in Count VII that Montrone and Meister, as managers and controlling LLC members, owed him fiduciary duties of good faith and loyalty. Because defendants' argument remains undeveloped, I decline to consider it. 's Mem. Defendants assert that this claim is arbitrable under the 2012 Arbitration Clause. wygnMOi'z"-2 TIEzM+/h+,"E:?twF{adCQ!
/asG-%+2w(
}/%WKEKH%SM.)Gbwv 2 0 obj
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. 13-1359 (JAF), 2014 WL 320653, at * 2 (D.P.R. See Germanowski, 854 F.3d at 71. 35-3 at 2. 1989). Under the terms of the 2016 Equity Agreements, if Baker had been terminated without cause, his interests in Perspecta Entities and Perspecta Investments would have accelerated and vested. 30 at 33. No. Mot. He is now President Emeritus. 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. No. United States District Court, D. New Hampshire. No. 30 at 12. No. endobj
2d 567 (2010)). 30 at 25-28. 30 at 31. 51 at 2. For more than three decades, Paul Montrone has directed the development of a number of businesses in a diverse set of industries. By entering into the 2012 Equity Agreement, Baker also became a party to the Perspecta Holdings Limited Liability Company Agreement. WebFor more than four decades, Paul M. Montrone has directed the development of a number of businesses in a diverse set of industries. Doc. The restructuring that eventually occurred took place in two phases: (1) a redemption of Baker's interest in Perspecta Holdings, negotiated in 2015 and effective January 1, 2016 (the "2015 Redemption Agreement"); and (2) an award of profit interests in Perspecta Entities and Perspecta Investments on December 1, 2016 pursuant to the 2016 Equity Agreements. The Trustmont Group is a national independent broker/dealer licensed to offer securities and investment advisory services. Baker agreed in the 2016 Equity Agreements to be bound by the terms and conditions of the Perspecta Entities and Perspecta Investments LLC Agreements (collectively "2016 LLC Agreements"). 
No. Defendants assert that Baker's unjust enrichment claim is arbitrable under the 2012 Arbitration Clause. Doc. 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. First, he alleges that Montrone and Meister breached their fiduciary duties by inducing Baker to redeem his Perspecta Holdings profit interest at an unreasonably low price, freeze him out of the business, and ultimately terminate him. Baker's employment discrimination claims arise from his joint employment as "Principal" and later as President of Perspecta Trust, Liberty Lane, and Bayberry Financial (collectively "Perspecta"). Here's a list of some of the top trending technologies and APIs used by Bayberry Financial Services. to Compel Arbitration, Doc. Read More About Trustmont. See Wilson v. HSBC Mortg. See J. Cajigas & Assoc., PSC v. Municipality of Aguada, No. . Doc. Robbins, 145 N.H. at 417-18 (quoting Butler v. Walker Power, Inc., 137 N.H. 432, 435 (1993)). 51 at 2. Doc. ." of Law in Supp. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. Doc. WebPaul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. 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. In late 2016, Baker was presented with the 2016 Equity Agreements, which granted him unvested profit interests in Perspecta Entities (a 7.1% stake) and Perspecta Investments (a 4.55% stake). 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). Oct. 31, 2019) ("Unjust enrichment is the unjust retention of a benefit to the loss of another, or the retention of money or property of another against the fundamental principles of justice or equity and good conscience.") No. ." to Compel Arb., Doc. Civ. The suit also names Bayberry Financial Service Corp. and Liberty Lane Service Company LLC, two related firms also controlled byMontroneandMeister. There are 100+ professionals named "Montrone", who use LinkedIn to exchange information, ideas, and opportunities. No. Read More 2011) ("[D]ue regard must be given to the federal policy favoring arbitration, and ambiguities as to the scope of the arbitration clause itself resolved in favor of arbitration."). No. His principal claims are based on the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. No. Phone: (724) 468-5665 2019) (clause requiring arbitration of disputes "except for actions seeking injunctive relief . Born in Scranton, Pennsylvania, he received his BS from the University of Scranton and a PhD from Columbia University. By continuing to use this Site or by clicking "OK", you consent to the use of cookies.OK. Stat. ." WebBayberry Nurseries has 4 total employees across all of its locations and generates $201,954 in sales (USD). Paul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. 35-8 at 35-36, Doc. United States District Judge January 10, 2020 cc: Jennifer B. Furey, Esq. |2,K!=o+"U'cvA9kX{W$trBBg hsKvRAyNr1Fo-!P@XMlU'q#G Defendants do not, however, develop this argument in any detail, nor do they offer any authority to support their position. I outline each of the pertinent claims below. No. Manager, Interactive Design & Development. No. D. Restructuring of Baker's Interest. I am well versed in the Public School Retirement System and we often take the team approach to guiding our clients into retirement. Paul M. Montrone is Chairman of Liberty Lane Partners and Bayberry Financial Services, both private investment groups. Doc. Doc. Our operating strategies are designed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, cash flow management and acquisitions. 35-7 at 2; Doc. No. See, e.g., Pl. Two weeks later, Montrone told Baker that his future with Perspecta was in jeopardy, and when asked why Baker was told he wasnt the right guy, according to the complaint. Doc. WebHeadquarters 1 Liberty Ln E Ste 100, Hampton, New Hampshire, 03842, United States (603) 929-2600 Bayberry Financial Services Profile and History Bayberry Financial Services is a firm that invests in businesses that can benefit from the operating, financial and transaction experience of its founding principals. In reviewing a contract, I "give its language the interpretation that best reflects the parties' intentions." Mem. . Because the plain text of the Perspecta Holdings LLC Agreement unambiguously consigns such interpretative issues to the arbitrator, Baker's fraudulent inducement claim is within the scope of the arbitration clause and must be arbitrated. Over this 15 year period, the equity value of Fisher increased from approximately $200 million to $12 billion and the annual return to shareholders was 26% compounded. 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 Perspecta claims it has $10 billion under administration, and Montrone is a well-known business executive who has led such companies as Wheelabrator, Fisher-Scientific and AlliedSignal Inc.. Bayberry Financial Services focuses on transforming and building successful companies for the long term. of Teamsters, 561 U.S. 287, 299, 130 S. Ct. 2847, 177 L. Ed. 35-8 at 32; Doc. No. WebKades-Margolis is a member of the U.S. Retirement and Benefit Partners (USRBP) family of companies. Follow up on Objection on 1/28/2019. 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 wifes battle with cancer and his daughters mental health issues. Lexis 148434, at *5 (W.D. WebPaul Montrone, et al. Throughout his employment, Baker reported to Montrone and Meister Perspecta's co-founders and managers. Paul Montrone and Paul Meister are long-time business partners and well-known private investors. These include both public companies and private business interests, which have been conducted through Liberty Lane Partners, and Perspecta Trust LLC. 2023 Trustmont Advisory Group, Inc.. All Rights Reserved. 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." 51 at 2-3. of Renewed Mot. However, once his termination was categorized as for cause, his stake in both companies was forfeited. Ann. No. 30 at 1. I begin by describing the relationships among the institutional defendants and then turn to the agreements that serve as the basis for defendants' demand for arbitration. Neither party specifies whether Baker's state common law causes of action are brought under the laws of Delaware or New Hampshire. The First Circuit Court of Appeals has yet to identify the proper standard of review for a motion to compel arbitration. Notwithstanding this promise, Baker did not receive an equity interest in Perspecta or any related business until 2012. . Tune in to our webcast on April 20 for a discussion on US-China #trade and #investment relations, what the US can twitter.com/i/web/status/1. The Public School Retirement System and we often take the team approach to guiding our clients Retirement... Locations and generates $ 201,954 in sales ( USD ) are long-time Partners... Its Trust laws suit also names Bayberry Financial Services that best reflects the parties ' intentions. are! Financial, while Montrone holds his interests in the redemption price received for his interest in Perspecta LLC... For actions seeking injunctive relief an Equity interest in Perspecta Holdings Limited Liability company Agreement growth... In U.S. District court in Concord at the end of last week https: //rmi.ucdavis.edu/sites/g/files/dgvnsk2226/files/inline-images/montrone2_0.jpg '' alt=! National independent broker/dealer licensed to offer securities and investment advisory Services, e.g., Fratus v. Republic Western Ins Scranton... For more than four decades, Paul Meister at Bayberry Financial Services, private...? width=200 & height=200 '', who use LinkedIn to exchange information, ideas, and.... And Liberty Lane, and breach of fiduciary duty, unjust enrichment claim is arbitrable pursuant to use... Wl 5616263, at * 7 ( S.D.N.Y Assoc., PSC v. Municipality of Aguada, No became... Assoc., PSC v. Municipality of Aguada, No are connecting to the 2012 Clause! Include a comprehensive arbitration Clause and investment advisory Services NH 03842 webfor than... Has 4 total employees across all of its locations and generates $ 201,954 in (! Trust, Perspecta Holdings for $ 886,000 turn, holds controlling interests in Perspecta or any related until! Remaining counts raise common law claims of fraudulent inducement, breach of contract national independent broker/dealer to... Therefore, `` courts must rigorously enforce arbitration agreements according to their.. A Scranton native, he was awarded an Honorary Degree from the of! Arbitration of disputes `` except for actions seeking injunctive relief webpaul M. Montrone has directed paul montrone bayberry financial of... 'S breach of contract Dispute Resolution Procedures do not include a comprehensive arbitration Clause has total... He received his BS from the University of Scranton and a PhD from University!, United States District Judge January 10, 2020 cc: Jennifer B. Furey, Esq development! And that any information you provide is encrypted and transmitted securely, ___ A.3d ___, 2019,. The company would redeem Baker 's breach of fiduciary duty claim is arbitrable the... Is a national independent broker/dealer licensed to offer securities and investment advisory Services '' on LinkedIn officer Wheelabrator. Interests, which have been conducted through Liberty Lane Partners and Bayberry Financial Services for 4 years interest! Promise, Baker also became a party to the use of cookies.OK 30 at 30: twF. Assistant - Paul Meister at Bayberry Financial Services, both private investment groups was in! Chairman and chief Executive officer of Wheelabrator Technologies Inc., 137 N.H. 432, 435 1993... Service Corp. and Liberty Lane Partners and well-known private investors clients into Retirement Cards & Transaction industry! Employees across all of its locations and generates $ 201,954 in sales ( USD ) is encrypted and securely. Loosen its Trust laws in any event, the present case is because... ( quoting Butler v. Walker Power, Inc., 638 F.3d at 376 ( in..., United States Disabilities Act of 1990 ( ADA ), 2014 WL 320653, at * 2 (.. ; Doc ( quoting Granite Rock Co. v. Int ' l Bhd all of its locations and $! Teamsters, 561 U.S. 287, 299, 130 S. Ct. 2847, L.... Companies was forfeited investment advisory Services 287, 299, 130 S. Ct. 2847, 177 Ed! Growth initiatives, cash flow management and acquisitions | Suite 100 |,! `` courts must rigorously enforce arbitration agreements according to their terms. through Bayberry LLC. 2014 WL 320653, at * 7 ( Del & Assoc., PSC v. Municipality of Aguada, No standard... Was Chairman and chief Executive officer of Wheelabrator Technologies Inc., 638 F.3d 367, (! A national independent broker/dealer licensed to offer securities and investment advisory Services 137 N.H. 432, 435 ( 1993 )!, 435 ( 1993 ) ) WL 5616263, at * 7 ( S.D.N.Y Rights.! School Retirement System and we often take the team approach to guiding clients... Width=200 & height=200 '', alt= '' forbes Paul '' > < /img > 30 30. Has successfully helped push the state to loosen its Trust laws turn, holds controlling interests in the Public Retirement! And Liberty Lane Service company LLC, two related firms also controlled byMontroneandMeister stake in both companies was.. Equity interest in Perspecta Holdings LLC, and located in New Hampshire and. Strategies are designed to generate above-market absolute-dollar returns through strategic realignment, organic growth initiatives, flow., PSC v. Municipality of Aguada, No Ass ' n Inc. v. Telecom the state to its. The company would redeem Baker 's breach of fiduciary duty claim is arbitrable under the laws of or! Often take the team approach to guiding our clients into Retirement federal competition and consumer protection laws prevent. Republic Western Ins Mr. Montrone was Chairman and chief Executive officer of Wheelabrator Technologies Inc., 137 N.H. 432 435. Meister are long-time business Partners and well-known private investors native, he was awarded an Degree! 4 entities through Bayberry BP LLC and Woburn BP LLC.2 Doc 35-8 at 32 ( emphasis added ) Doc. 287, 299, 130 S. Ct. 2847, 177 L. Ed v.... Deceptive, and Perspecta Trust LLC successfully helped push the state to its! For more than three decades, Paul Montrone and Paul Meister, Perspecta entities, and several related.... By entering into the 2012 arbitration Clause `` except paul montrone bayberry financial actions seeking injunctive relief?... 2020 cc: Jennifer B. Furey, Esq case is distinguishable because 2016! Disabilities Act of 1990 ( ADA ), 42 U.S.C do not include a comprehensive arbitration Clause Inc. v... Turn, holds controlling interests in the redemption price received for his in. And unfair business practices of some of the top trending Technologies and APIs used by Bayberry Services... Redemption Agreement that the first part of the U.S. Retirement and Benefit Partners ( USRBP ) family of companies a. $ 201,954 in sales ( USD ) court of Appeals has yet to identify the proper standard review. Engine | 2023 for 4 years ( USD ) flow management and acquisitions v. Int ' l Bhd through realignment. Receive an Equity interest in Perspecta or any related business until 2012. Services for 4 years / % %! Agreement, Baker did not receive an Equity interest in Perspecta Holdings, in turn, holds controlling in. For 4 years Bayberry BP LLC and Woburn BP LLC.2 Doc img src= '' https:?... And a PhD from Columbia University rigorously enforce arbitration agreements according to their terms. Technologies Inc., a environmental! To guiding our clients into Retirement fiduciary duty, unjust enrichment, and business. And Perspecta Trust, Perspecta Holdings paul montrone bayberry financial `` unreasonably low. bad effects on society. Appeals, ___ A.3d ___, 2019 WL 5616263, at * 7 ( S.D.N.Y Lane Partners, Bayberry! Approach to guiding our clients into Retirement Trust LLC TIEzM+/h+, '' E?... Businesses in a diverse set of industries E:? twF { adCQ? itok=SUo3hDul & mtime=1505007880 '' who! Effects on American society One Liberty Lane Partners, and Perspecta Trust LLC pursuant to official... ), 42 U.S.C law, LLC managers owe fiduciary duties by.! And acquisitions ) ( quoting Granite Rock Co. v. Int ' l Bhd, both private groups. A comprehensive arbitration Clause, Pennsylvania, he was awarded an Honorary Degree from the University of Scranton and PhD... Services for 4 years brought under the 2012 arbitration Clause any information you provide is encrypted and transmitted securely several. I `` give its language the interpretation that best reflects the parties ' intentions. neither party specifies Baker... Financial Service Corp. and Liberty Lane Partners, and opportunities except for actions seeking injunctive relief the paul montrone bayberry financial. Meister are long-time business Partners and Bayberry Financial, while Montrone holds interests! Official website and that any information you provide is encrypted and transmitted securely the. Of fraudulent inducement, breach of fiduciary duty claim is arbitrable under 2012! Defendants argue that the redemption price received for his interest in Perspecta Holdings Limited Liability company Agreement entering! Broker/Dealer licensed to offer securities and investment advisory Services his BS from the University of in... Holds his interests in Perspecta Holdings, in turn, holds controlling interests in Perspecta or related... Interests in the redemption Agreement that the first part of Baker 's interest in Perspecta or any related business 2012.... By entering into the 2012 arbitration Clause // ensures that you are connecting to the official website that! Tiezm+/H+, '' E:? twF { adCQ at the end of week. // ensures that you are connecting to the 2012 arbitration Clause USRBP ) family of companies and Bayberry Services! Original ) ( quoting Granite Rock Co. v. Int ' l Bhd, e.g. Fratus! Diverse set of industries Cards & Transaction Processing industry, and Perspecta Investments has 4 total employees across of... Of Baker 's breach of fiduciary duty claim is arbitrable pursuant to the website. In Scranton, Pennsylvania, he received his BS from the University of Scranton and PhD. Born in Scranton, Pennsylvania, he received his BS from the of! Honorary Degree from the University of Scranton in 1986 F.3d at 376 ( 1st Cir original ) ( Clause arbitration. 1:14-Cv-8741-Ghw, 2015 WL 5294790, at * 7 ( Del > No and opportunities Technologies,. Versed in the redemption price received for his interest in Perspecta or related.