SANDHILLS GLOBAL, INC. v. GARAFOLA et al
| SANDHILLS GLOBAL, INC. |
| FACTS TECHNOLOGY LLC and LAWRENCE GARAFOLA, SR. |
| 3:2019cv20669 |
| November 25, 2019 |
| US District Court for the District of New Jersey |
| Tonianne J Bongiovanni |
| Michael A Shipp |
| Contract: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 44 Letter from Steven D. Farsiou, Esq.. (FARSIOU, STEVEN) |
| Filing 43 Letter from John D. Miller III re Defendants TRO violation. (MILLER, JOHN) |
| Filing 42 Minute Entry for proceedings held before Judge Michael A. Shipp: Telephone Status Conference held on 1/22/2020. Parties to meet and confer prior to the hearing. (Court Reporter: CATHY FORD.) (gxh) |
Filing 41
TEXT ORDER: The Court is in receipt of Plaintiff's correspondence on behalf of all parties requesting the Court adjourn the January 21, 2020 Preliminary Injunction hearing to February 6, 2020. (ECF No. #40 .) The Preliminary Injunction hearing is hereby adjourned to February 6, 2020, at 10:00 A.M. On January 22, 2020, at 3:30 P.M., the Court will hold a prehearing teleconference. Counsel for Plaintiff shall initiate the call to Chambers. So Ordered by Judge Michael A. Shipp on 1/17/2020. (gxh)
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| Filing 40 Letter from John D. Miller, III, Esq.. (MILLER, JOHN) |
| Filing 39 BRIEF in Further Support of Preliminary Injunctive Relief (MILLER, JOHN) |
| Filing 38 Letter from Steven D. Farsiou re 27 Order,,. (FARSIOU, STEVEN) |
| Filing 37 Letter from Steven D. Farsiou re 27 Order,,. (FARSIOU, STEVEN) |
| Filing 36 Letter from John D. Miller, III, Esq. re 27 Order,,. (MILLER, JOHN) |
| Filing 35 BRIEF in Opposition to Plaintiff's Application for Preliminary Injunction (Attachments: #1 Certification Certification of Exhibits)(FARSIOU, STEVEN) |
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Filing 34
ORDER that Plaintiff's request for an amendment to the Court's TRO and for attorney fees and costs #29 is DENIED WITHOUT PREJUDICE. Signed by Judge Michael A. Shipp on 1/07/2020. (jem)
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| Filing 33 BRIEF in Support of Preliminary Injunction (Attachments: #1 Certification)(MILLER, JOHN) |
| Filing 32 Letter re #29 Letter. (FARSIOU, STEVEN) |
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Filing 31
TEXT ORDER: The Court is in receipt of Plaintiff's December 23, 2019, correspondence requesting an amendment to the Court's Temporary Restraining Order (ECF No. 23) and attorney's fees and costs. (ECF No. 29.) Defendants shall respond to Plaintiff's correspondence by Monday, December 30, 2019.So Ordered by Judge Michael A. Shipp on 12/27/2019. (FH)
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Filing 30
LETTER ORDER that the briefing schedule for the 1/21/20120 preliminary injunction hearing is as follows: opening submission due 1/06/2020; opposition submission due 1/10/2020; reply submission due 1/16/2020. Signed by Judge Michael A. Shipp on 12/26/2019. (jem) Modified on 1/10/2020 (eaj, ).
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| Filing 29 Letter from John D. Miller, III. (Attachments: #1 Affidavit Evan Welch Declaration)(MILLER, JOHN) |
| Filing 28 Letter from John D. Miller, III. (MILLER, JOHN) |
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Filing 27
TEXT ORDER: The Court is in receipt of the parties' correspondence seeking clarification on the Court's preference for the preliminary injunction hearing scheduled for January 21, 2020. (ECF No. #26 .) The Court anticipates a short hearing whereby the Court will receive live testimony from only pertinent witnesses. By January 14, 2019, the parties shall e-file correspondence that includes: whether the parties require use of any of the Court's audio, visual, or other equipment or intend to use their own equipment; a list of witnesses; and the anticipated length of testimony for each witness. So Ordered by Judge Michael A. Shipp on 12/20/2019. (gxh)
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| Filing 26 Letter from John D. Miller, III, Esq.. (MILLER, JOHN) |
| Filing 25 Letter from John D. Miller, III, Esq.. (MILLER, JOHN) |
| Filing 24 Letter from Steven D. Farsiou, Esq. re #23 Order on Motion for TRO,. (FARSIOU, STEVEN) |
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Filing 23
ORDER that Sandhills's #3 Application for Temporary Restraining Order and Preliminary Injunction is Granted in Part and Denied in Part. Plaintiff shall post security (bond or otherwise) with the Clerk's Office in the amount of $10,000 by 12/18/2019 at 5:00 PM. Signed by Judge Michael A. Shipp on 12/16/2019. (jmh)
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| Filing 22 REPLY to Response to Motion filed by All Defendants re #14 First MOTION to Dismiss Plaintiff's Complaint Reply letter brief of Steven D. Farsiou, Esq. (FARSIOU, STEVEN) |
| Filing 21 Minute Entry for proceedings held before Judge Michael A. Shipp: Motion Hearing held on 12/11/2019 re #3 Emergency MOTION for Temporary Restraining Order filed by SANDHILLS GLOBAL, INC. Decision reserved. (Court Reporter: CATHY FORD.) (gxh) |
| Filing 20 REPLY to Response to Motion filed by All Defendants re #3 Emergency MOTION for Temporary Restraining Order Sur-Reply (Attachments: #1 Exhibit Certification of Exhibits)(FARSIOU, STEVEN) |
| Filing 19 BRIEF in Opposition filed by SANDHILLS GLOBAL, INC. re #14 First MOTION to Dismiss Plaintiff's Complaint (Attachments: #1 Certificate of Service)(MILLER, JOHN) |
| Filing 18 Letter from Steven D. Farsiou, Esq. re #17 Letter. (FARSIOU, STEVEN) |
| Filing 17 Letter from John D. Miller, III, Esq.. (MILLER, JOHN) |
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Filing 16
TEXT ORDER: The Court is in receipt of the parties' briefing on Plaintiff's Application for Temporary Restraining Order and Preliminary Injunction ("Application"). (ECF Nos. #3 , #13 , #15 .) By Monday, December 9, 2019 at 12:00 P.M., Plaintiff shall e-file correspondence proposing an amount for the security bond required under Federal Rule of Civil Procedure 65(c). By Tuesday, December 10, 2019 at 12:00 P.M., Defendants may submit a sur-reply to address the new evidence in Plaintiff's Reply submission (ECF No. #15 ) and to provide their position with respect to Plaintiff's proposed bond. Oral argument on the pending Application is scheduled for Wednesday, December 11, 2019 at 11:00 A.M. in Courtroom 5W. If there are any conflicts with December 11th, counsel shall e-file joint correspondence by Monday, December 9th at 5:00 P.M. that selects an alternative date/time from the following dates/times: Friday, December 13th at 1:00 P.M. or Tuesday, December 17th at 11:00 A.M. So Ordered by Judge Michael A. Shipp on 12/6/2019. (gxh)
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| Set Deadlines as to #14 First MOTION to Dismiss Plaintiff's Complaint. Motion set for 1/6/2020 before Judge Michael A. Shipp. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) |
| Filing 15 REPLY BRIEF to Opposition to Motion filed by SANDHILLS GLOBAL, INC. re #3 Emergency MOTION for Temporary Restraining Order (Attachments: #1 Certificate of Service Certification of Service, #2 Certification John Miller Certification with Exhibit 1)(MILLER, JOHN) |
| Filing 14 First MOTION to Dismiss Plaintiff's Complaint by All Defendants. Responses due by 12/9/2019 (Attachments: #1 Brief Brief in support of Motion, #2 Text of Proposed Order)(FARSIOU, STEVEN) |
| Filing 13 BRIEF in Opposition filed by All Defendants re #3 Emergency MOTION for Temporary Restraining Order (Attachments: #1 Certification Certification of Lawrence Garafola, #2 Exhibit Certification of Exhibits)(FARSIOU, STEVEN) |
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Filing 12
TEXT ORDER: The Court is in receipt of Plaintiff's correspondence requesting temporary restraints following perceived violations of Defendants' agreement "to not issue any communications to any client of Sandhills until [the Court] decides on the Plaintiff's emergent application" ("Agreement"). (Pl.'s 11/27/2019 Correspondence, ECF No. #9 (citing Defs.' 11/26/2019 Correspondence, ECF No. #6 ).) Plaintiff further provided the Court with copies of e-mail messages dated November 27, 2019 from Facts Technology LLC. The Court is also in receipt of Defendants' correspondence indicating that the "blast" e-mail messages referenced in Plaintiff's correspondence were created "prior to the Defendants' agreement to cease communications with any of Sandhills' clients." (Defs.' 11/27/2019 Correspondence, ECF No. #11 .) At this time, the Court will not enter an official order issuing temporary restraints. However, the parties are on notice that upon any violations of Defendants' Agreement the Court may intervene. So Ordered by Judge Michael A. Shipp on 11/27/2019. (gxh)
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| Filing 11 Letter from Steven D. Farsiou, Esq.. (FARSIOU, STEVEN) |
| Filing 9 Letter from John D. Miller, III, Esq.. (MILLER, JOHN) |
| Filing 10 Minute Entry for proceedings held before Judge Michael A. Shipp: Telephone Conference held on 11/26/2019. Ordered that the parties shall meet and confer and submit a proposed briefing schedule to the Court. (Court Reporter: CATHY FORD.) (gxh) |
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Filing 8
TEXT ORDER: The Court is in receipt of the parties' correspondence on Plaintiff's pending emergent application and Defendants' forthcoming motion to dismiss. (ECF Nos. #6 , #7 .) Defendants shall file opposition to Plaintiff's Emergency Motion for Temporary Restraining Order (ECF No. #3 ) by December 2, 2019 and Plaintiff shall reply by December 4, 2019. To the extent Defendants intend to file a motion to dismiss, the Court agrees with the parties' proposed briefing schedule. The motion to dismiss shall be filed by December 4, 2019, the opposition by December 9, 2019, and the reply by December 13, 2019. Following review of the motion papers, the Court shall advise the parties regarding oral argument on the motions. If, after further discussions, the parties can stipulate to an order with temporary restraints or an alternative briefing schedule, the parties shall advise the Court by the close of business on November 27, 2019. So Ordered by Judge Michael A. Shipp on 11/26/2019. (gxh)
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| Filing 7 Letter from John D. Miller, III, Esq.. (MILLER, JOHN) |
| Filing 6 Letter from Steven D. Farsiou, Esq.. (FARSIOU, STEVEN) |
| CLERK'S QUALITY CONTROL MESSAGE - Please be advised, when entering a first appearance in a case, counsel should add their name when prompted. The Clerk's Office has added Steven Farsiou, Esq. as representing Defendants in this case. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (gxh) |
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Filing 5
TEXT ORDER: The Court is in receipt of Plaintiff's Emergency Motion for Temporary Restraining Order. (ECF No. #3 .) On November 26, 2019 at 10:00 A.M., the Court will hold a Telephone Conference in this matter. Counsel for Plaintiff shall initiate the call to Chambers. So Ordered by Judge Michael A. Shipp on 11/25/2019. (gxh)
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| Filing 4 SUMMONS ISSUED as to FACTS TECHNOLOGY LLC, LAWRENCE GARAFOLA, SR. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (abr) |
| Filing 3 Emergency MOTION for Temporary Restraining Order by SANDHILLS GLOBAL, INC.. (Attachments: #1 Brief, #2 Certification John Miller Certification, #3 Text of Proposed Order)(MILLER, JOHN) |
| Filing 2 Corporate Disclosure Statement by SANDHILLS GLOBAL, INC.. (MILLER, JOHN) |
| Filing 1 COMPLAINT against FACTS TECHNOLOGY LLC, LAWRENCE GARAFOLA, SR ( Filing and Admin fee $ 400 receipt number 0312-10135795) with JURY DEMAND, filed by SANDHILLS GLOBAL, INC.. (Attachments: #1 Civil Cover Sheet, #2 Certificate of Service)(MILLER, JOHN) |
| Judge Michael A. Shipp and Magistrate Judge Tonianne J. Bongiovanni added. (abr) |
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