Case Activity (740)

1. Order | Filed: September 21, 2026 | Entered: September 21, 2026 Labor Smart Incorporated v. Tucker et al

   Contract: Other | Arizona

   Order on Motion for Partial Summary Judgment

   ORDER that LTNC and TPDs' Motion for Partial Summary Judgment 239 is granted in part and denied in part. The following claims of the Tuckers' shall be dismissed: Tuckers' Counterclaim II for abuse of process claim against LTNC in its entirety, and to the extent alleged, any Third-Party Claim II for aiding and abetting tortious conduct arising out abuse of process claim against Holley, McBride, Pavlik, and Zarro; Tuckers' Third-Party Claim I for breach of fiduciary duty claims against Holley, McBride and Pavlik arising out of their use of Takeover funds for personal use (a); hiding corporate waste (b); failing to pay Tucker funds/salary earned while working for Takeover (e); and assisting in the fraudulent avoidance of Takeover debt by creating a new company to shield assets and avoid debt (h); and Tuckers' Counterclaim and Third-Party Claim V for conspiracy to commit fraudulent transfer against LTNC, Next Gen, Holley, McBride, Pavlik, and Zarro in its entirety. FURTHER ORDERED that Battleship, Inc. and Oak Creek Wellness, Inc. shall be added as Plaintiffs in this matter and substituted for the Tuckers in the Tuckers' Third-Party Claim I for breach of fiduciary duties arising out of the unlawful restriction of their LTNC shares claims against Holley, McBride, and Pavlik and the Tuckers Third-Party Claim II for aiding and abetting LTNC in the wrongful restriction of their shares against Holley, McBride, and Pavlik. Counsel for Battleship and Oak Creek Wellness shall file a Notice of Appearance within five (5) days of this Order. Tuckers' Motion for Partial Summary Judgment 237 is granted in part and denied in part. The Motion is denied as to the Tuckers' claims that Holley and McBride have breached their fiduciary duties as alleged in Third-Party Claim I and that McBride has defamed Tucker as alleged in Third-Party Claim IX. The Motion is granted as to the Tuckers' Third-Party Claim III for breach of contract against Holley and McBride regarding their failure to provide him 25% of Takeover shares and to pay him in equal distributions in accordance with the July 2021 Agreement.FURTHER ORDERED that in light of its bankruptcy and stay, and having been provided no indication that a request to lift the stay has been made to the bankruptcy court, the Tuckers' claims against Takeover Industries, Inc. are dismissed and Takeover Industries, Inc. shall be dismissed from this matter. IT IS FURTHER ORDERED that the docket shall reflect the updated status of the parties in this litigation. Jason and Melissa Tucker, Battleship, Inc. and Oak Creek Wellness shall be identified as the Plaintiffs. Labor Smart, Inc., Next Gen Beverages, LLC, Michael and Chirine Holley, Toby McBride, Joseph Pavlik, and Thomas and Kimberly Zarro shall be identified as the Defendants. IT IS FINALLY ORDERED that the Tuckers shall file and serve their Notice of Readiness for Pretrial Conference within ten days of this Order. (Doc. 212 at 7). Within ten days of this Order, the parties may also seek a referral to a United States Magistrate Judge for a settlement conference. Signed by Judge Diane J Humetewa on 9/18/2026. (REK)

2. Order | Filed: August 20, 2026 | Entered: August 20, 2026 Labor Smart Incorporated v. Tucker et al

   Contract: Other | Arizona

   Order ~Util - Set Deadlines

   ORDER the Tuckers' claims against Defendant Takeover will be dismissed without further notice on September 4, 2026, unless the Court is advised that the bankruptcy stay has been lifted, or a request for a lifting of the bankruptcy stay has not been ruled upon by the bankruptcy court. Signed by Judge Diane J Humetewa on 8/20/2026. (LFIG)

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