On May 15th, 2018 the North Carolina Appellate Court, ruled against Defendants Jeremy LeClair and Luxury Auctions Marketing Inc. upholding a prior Superior Court decision from July 10th, 2017. Said ruling included destruction of evidence by LeClair and Luxury Auctions Marketing Inc.
According to the three judge panel .
"While the various computers at issue and the information contained herein were the subject of GEA's conversion claim, the hardware also contained information that was highly material to , and necessary for, the prosecution of GEA's additional claims. In addition, the actions taken by Luxury's agents and the attitude evinced by LeClair, apparently in high dudgeon, make more severe sanctions suitable and fitting. Accordingly, while GEA requested lesser sanctions, the trial court clearly considered GEA's request and nevertheless determined that more severe sanctions were warranted under the circumstances. We also note that the trial court gave Luxury the opportunity to avoid sanctions altogether by complying with the terms of the 12 June order within ten days."
See page 14 of PDF in Appellate Court Decision document below.
Furthermore the Appellate Court found the following, on page 22 of its decision:
"This court is also concerned by the attitude exhibited by Mr.LeClair. At his deposition, Mr.LeClair repeatedly stated he would refuse to produce his personal laptop, and continued to so refuse even after the court ordered him to do in its 10 July Order, thus showing his contempt for the discovery process overall."
This appellate court decision upheld a ruling from July 10th, 2017 issued by Judge Lewis of the Mecklenburg Superior Court.
On July 10th, 2017 Jeremy LeClair and Luxury Auctions Marketing Inc failed to comply with a court order in NC state case 16-CVS-19851 and Judge Lewis stated the following " The Court FINDS, pursuant to Defendant LeClair's deposition testimony and otherwise, that LeClair intentionally destroyed or physically disposed of computers and materials at issue in this basis. On the basis of Defendant LeClair's destruction or physical disposal of certain computers and materials, the Court FINDS as not credible LeClair's assertion that he does not possess the password(s) and other credentials necessary to access the Dell PowerEdge 2950 server."
On June 7th, 2018 Jeremy LeClair was again denied a preliminary injunction for the third time since November 2016.
In his findings of fact, Resident Superior Court Judge W. Robert Bell, stated
"Plaintiff has not provided a forecast of evidence showing there is probable cause that he will prevail on the merits." In his conclusions of law Judge Bell stated "Plaintiff has not shown that there is probable cause that he will prevail upon the merits of his claims."
Based on the forgoing FINDS OF FACT and CONCLUSIONS OF LAW, it is hereby ORDERED that Plaintiff's Motion for a Preliminary Injunction is DENIED."
"SO ORDERED, this the 7th day of June, 2018."
See download section for all preliminary injunctions denied by the courts against Jeremy LeClair and companies.
On December 18th, 2017 Atain Specialty Insurance, in two lawsuits filed against Jeremy LeClair and Luxury Auctions Marketing Inc. in Federal court obtained declaratory judgments against Luxury Auctions Marketing Inc and Jeremy LeClair.