Cameron International Corporation v. Abbiss et al
| Cameron International Corporation |
| Abbiss, Steven Abbiss and FMC Technologies Singapore PTE Ltd. |
| 4:2016cv02117 |
| July 18, 2016 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Harris |
| Nancy F Atlas |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on December 6, 2016. A more recent docket listing may be available from PACER.
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Filing 87
ORDER OF DISMISSAL GRANTED #86 Notice of Dismissal. Case terminated on 12/6/2016(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 86 NOTICE of Dismissal as to Steven Abbiss by Cameron International Corporation, filed. (Attachments: #1 Proposed Order)(Friedman, Edward) |
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Filing 85
ORDER granting #76 Motion for Emergency; granting #76 Motion for Reconsideration; granting #76 Motion to Seal.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 84 NOTICE of Withdrawal of Opposition to Cameron's Motion to Seal by Steven Abbiss, filed. (Mensing, Todd) |
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Filing 83
ORDER GRANTED #82 Joint MOTION Parties' Joint Motion to Extend Deadlines ( Joint Discovery/Case Management Plan due by 12/12/2016., Responses due by 12/2/2016., Replies due by 12/5/2016, Initial Conference set for 12/13/2016 at 11:30 AM in Courtroom 9F before Judge Nancy F Atlas)(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 82 Joint MOTION Parties' Joint Motion to Extend Deadlines by Steven Abbiss, filed. Motion Docket Date 12/8/2016. (Attachments: #1 Proposed Order)(Mensing, Todd) |
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Filing 81
MINUTE ENTRY ORDER: Pretrial held Appearances: Cody Vasut. Appearances: Todd W Mensing, Sammy Ford, IV. Ct Reporter: ERO. Notice of settlement or Joint Discovery/Case Management Plan due by 11/28/2016 by 1:00 p.m. Scheduling Conference set for 11/29/2016 at 12:45 PM in Courtroom 9F before Judge Nancy F Atlas(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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Filing 80
ORDER granting #78 Motion for Extension of Time; Motion-related deadline set re: #76 Opposed EMERGENCY MOTIONOpposed MOTION for Reconsideration of #75 Order on Motion to SealOpposed MOTION to Seal Record of Preliminary Injunction Hearing and Confidential Exhibits. Responses due by 11/18/2016. Replies due by 11/21/2016.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 79 PROPOSED ORDER Granting Defendant's Motion for Extension of Time re: #78 Unopposed MOTION for Extension of Time to File Defendant's Response to Plaintiff's Emergency Motion to Reconsider the Court's Denial of Its Motion to Seal Record of Preliminary Injunction Hearing and Confidential Exhibits, filed.(Mensing, Todd) |
| Filing 78 Unopposed MOTION for Extension of Time to File Defendant's Response to Plaintiff's Emergency Motion to Reconsider the Court's Denial of Its Motion to Seal Record of Preliminary Injunction Hearing and Confidential Exhibits by Steven Abbiss, filed. Motion Docket Date 12/1/2016. (Mensing, Todd) |
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Filing 77
ORDER ; Motion-related deadline set re: #76 Opposed EMERGENCY MOTIONOpposed MOTION for Reconsideration of #75 Order on Motion to SealOpposed MOTION to Seal Record of Preliminary Injunction Hearing and Confidential Exhibits Responses due by 11/10/2016. Replies due by 11/14/2016 at 12:00 p.m.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 76 Opposed EMERGENCY MOTION, Opposed MOTION for Reconsideration of #75 Order on Motion to Seal ( Motion Docket Date 11/25/2016.), Opposed MOTION to Seal Record of Preliminary Injunction Hearing and Confidential Exhibits by Cameron International Corporation, filed. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Friedman, Edward) |
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Filing 75
MEMORANDUM AND ORDER denying #66 Motion to Seal Record.(Signed by Judge Nancy F Atlas) Parties notified.(TDR, 4)
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| Filing 74 Sealed Event-Defendant's Response to Plaintiff's Motion to Seal Record of Preliminary Injunction Hearing and Confidential Exhibits, filed. (With attachments) Modified on 11/14/2016 (rguerrero, 4). |
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Filing 73
MEMORANDUM AND ORDER denying #2 Motion for Preliminary Injunction. Status and scheduling conference set for 11/14/2016 at 3:00 p.m.(Signed by Judge Nancy F Atlas) Parties notified.(TDR, 4)
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| ***Set/Reset Hearings: Status Conference set for 11/14/2016 at 03:00 PM before Judge Nancy F Atlas (TDR, 4) |
| Filing 72 Sealed Event-Notice of Filing (Defendant's Amended Exhibit List, filed. (With attachments) Modified on 11/14/2016 (rguerrero, 4). |
| Filing 71 Sealed Event-Plaintiff's Admitted Confidential Preliminary Injunction Exhibits, filed. (With attachments) Modified on 11/14/2016 (rguerrero, 4). |
| Filing 70 Hearing EXHIBITS re: #65 Exhibit List by Cameron International Corporation (Attachments: #1 Exhibit 2, #2 Exhibit 6, #3 Exhibit 7, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 15, #8 Exhibit 16, #9 Exhibit 31, #10 Exhibit 33, #11 Exhibit 68, #12 Exhibit 69)(Friedman, Edward) |
| Filing 69 Sealed Event- Defendant's Proposed Findings of Fact and Conclusions of Law, filed. Modified on 11/14/2016 (rguerrero, 4). |
| Filing 68 Sealed Event-Steven Abbiss's Admitted Exhibit List, filed. (With attachments) Modified on 11/14/2016 (rguerrero, 4). |
| Filing 67 Sealed Event-Case Clips Cameron vs. Abbiss, filed. Modified on 11/14/2016 (rguerrero, 4). |
| Filing 66 Opposed MOTION to Seal Preliminary Injunction Record and Confidential Exhibits by Cameron International Corporation, filed. Motion Docket Date 11/8/2016. (Attachments: #1 Proposed Order)(Friedman, Edward) |
| Filing 65 Corrected Exhibit List by Cameron International Corporation(Friedman, Edward) |
| Filing 64 Sealed Event - Plaintiff and Defendant's Deposition Excerpts of Keith Dempster for Preliminary Injunction Hearing, filed. (With attachments) Modified on 11/14/2016 (rguerrero, 4). |
| Filing 63 Exhibit List by Steven Abbiss(Mensing, Todd) |
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Filing 62
MINUTE ENTRY ORDER: Preliminary Injunction held Appearances: Cody Vasut. Appearances: Todd W Mensing, Edward Louis Friedman, Sammy Ford, IV, Douglas Robert Salisbury. Ct Reporter: ERO. Deposition designations of witnesses Dempster and Glueck will be supplied by 4:00 p.m. tomorrow. Parties will withdraw exhibits not used that they now deem unnecessary by the same deadline.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 61 PRETRIAL MEMORANDUM by Cameron International Corporation(Friedman, Edward) |
| Filing 60 Hearing EXHIBITS by Cameron International Corporation (Friedman, Edward) |
| Filing 59 Amended Exhibit List by Cameron International Corporation(Friedman, Edward) |
| Filing 58 Witness List by Steven Abbiss(Mensing, Todd) |
| Filing 57 Exhibit List by Steven Abbiss(Mensing, Todd) |
| Filing 56 Exhibit List by Cameron International Corporation(Friedman, Edward) |
| Filing 55 Witness List by Cameron International Corporation(Friedman, Edward) |
| Filing 54 Sealed Event-Plaintiff's Proposed Findings of Fact and Conclusions of Law, filed. Modified on 11/14/2016 (rguerrero, 4). |
| Filing 53 STATUS REPORT by Cameron International Corporation, filed.(Friedman, Edward) |
| Filing 52 Sealed Event-Steven Abbiss's Statement of Factual Issues and Pre-Hearing Brief in Opposition to Plaintiff's Request for Preliminary Injunction, filed. (With attachments) Modified on 11/14/2016 (rguerrero, 4). |
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Filing 51
ORDER granting #50 Motion to Withdraw as Attorney. Attorney G Scott Fiddler terminated.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 50 MOTION for G. Scott Fiddler and Andrew W. Reed to Withdraw as Attorney by Steven Abbiss, filed. Motion Docket Date 10/26/2016. (Attachments: #1 Proposed Order)(Fiddler, G) |
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Filing 49
MEMORANDUM AND ORDER granting [42,43] Defendant's Motion for Summary Judgment only to the extent that the Non-Compete and Non-Solicitation Provisions of the Agreements are held to be overbroad and unenforceable as written. Case remains scheduled for preliminary injunction hearing on October 17, 2016. Counsel to submit by October 12, 2016, a written statement of the precise factual issues to be addressed at the hearing.(Signed by Judge Nancy F Atlas) Parties notified.(TDR, 4)
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| Filing 48 REPLY in Support of #43 MOTION for Summary Judgment , filed by Steven Abbiss. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Mensing, Todd) |
| Filing 47 First AMENDED COMPLAINT with JURY DEMAND against Steven Abbiss filed by Cameron International Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Friedman, Edward) |
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Filing 46
ORDER granting #44 Motion for Leave to File.Counsel for Plaintiff isdirected to file the First Amended Complaint as a separate docket entry.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 45 Sealed Event-Plaintiff's Response to Defendant's Motion for Summary Judgment..., filed. (With attachments) Modified on 11/14/2016 (rguerrero, 4). |
| Filing 44 Unopposed MOTION for Leave to File First Amend Complaint by Cameron International Corporation, filed. Motion Docket Date 10/11/2016. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Friedman, Edward) |
| Filing 43 MOTION for Summary Judgment by Steven Abbiss, filed. Motion Docket Date 9/27/2016. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Proposed Order)(Mensing, Todd) |
| Filing 42 Sealed Event - Defendant's Motion for Summary Judgment on the Enforceability of Cameron's Non-Compete an Non-Solicitation Provisions, filed. (With attachments) Modified on 11/14/2016 (rguerrero, 4). |
| Filing 41 Amended MOTION to Amend by Cameron International Corporation, filed. Motion Docket Date 9/27/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Friedman, Edward) |
| Filing 40 Notice of Filing of Official Transcript as to #39 Transcript. Party notified, filed. (dhansen, 4) |
| Filing 39 TRANSCRIPT re: STATUS CONFERENCE held on 8/30/16 before Judge Nancy F Atlas. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party KELLINE LINTON Release of Transcript Restriction set for 11/30/2016., filed. (thudson, ) |
| Filing 38 AO 435 TRANSCRIPT REQUEST by Sammy Ford IV for Transcript of Status Conference on 08/30/2016 before Judge Atlas. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Ford, Sammy) Modified on 8/31/2016 (smurdock, 4). Copy order emailed to Exceptional Reporting on 8/31/16. Estimated transcript completion date 9/2/16 |
| Filing 37 AO 435 TRANSCRIPT REQUEST by Kelline Linton for transcript of Status Conference held 08/30/2016 before Judge Nancy F. Atlas (Original). Daily-ASAP turnaround requested. Transcriber: Exceptional Reporting Services, filed. (Linton, Kelline). Daily-ASAP Order forwarded to Exceptional Reporting Services on 8/30/2016. Estimated transcript completion date: 9/01/2016. Modified on 8/31/2016 (pcrawford, 4). |
| Filing 36 MINUTE ENTRY ORDER: Status conference held Appearances: Cady Vasut. Appearances: Todd W Mensing, Drew B Tipton, Sammy Ford, IV, Douglas Robert Salisbury. Ct Reporter: ERO. Parties may do limited discovery on Plaintiffs claims/theories of harm and moneydamages.Briefing schedule as follows:Motion for Summary Judgment and Motion for Preliminary Injunction dueSeptember 6, 2016.Response to motion for summary judgment due September 19 or 20, 2016. Parties willdiscuss the remaining briefing deadlines on the Motion for Preliminary Injunction and submitthem to the Court in writing..Reply to response to motion for summary judgment due September 22 or 23, 2016.Preliminary injunction hearing set for October 17, 2016 at 9:00 a.m. and October 18, 2016at 9:00 a.m.(if needed).Courtesy copies of all documents must be delivered to chambers. Parties notified.(sashabranner, 4) |
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Filing 35
ORDER- Pursuant to Plaintiffs Notice of Dismissal [Doc. # 31], it is herebyORDERED that all claims against Defendant FMC Technologies Singapore PTE, Ltd. (FMC) are DISMISSED WITHOUT PREJUDICE. Terminated as moot #11 MOTION to Dismiss, FMC Technologies Singapore PTE Ltd. terminated(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4) Modified on 8/30/2016 (sashabranner, 4).
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| Filing 34 STATUS REPORT by Cameron International Corporation, filed.(Friedman, Edward) |
| Filing 33 NOTICE of Appearance by Drew B. Tipton on behalf of Cameron International Corporation, filed. (Tipton, Drew) |
| Filing 32 NOTICE of Appearance by Todd W. Mensing on behalf of Steven Abbiss, filed. (Mensing, Todd) |
| Filing 31 NOTICE of Dismissal as to FMC Technologies Singapore PTE Ltd. by Cameron International Corporation, filed. (Linton, Kelline) |
| Filing 30 NOTICE of Setting. Parties notified. Status Conference set for 8/30/2016 at 02:00 PM in Courtroom 9F before Judge Nancy F Atlas, filed. (sashabranner, 4) |
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Filing 29
ORDER granting #28 Motion.The following briefing schedule appliesSupplement to Motion to DismissAugust 31, 2016Plaintiffs ResponseSeptember 7, 2016Defendants ReplySeptember 9, 2016(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 28 Unopposed MOTION Entry of Briefing Schedule by FMC Technologies Singapore PTE Ltd., filed. Motion Docket Date 9/14/2016. (Attachments: #1 Proposed Order)(Ford, Sammy) |
| Filing 27 NOTICE of Appearance by Andrew W. Reed on behalf of Steven Abbiss, filed. (Reed, Andrew) |
| Filing 26 ANSWER to #1 Complaint, with Jury Demand by Steven Abbiss, filed.(Fiddler, G) |
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Filing 25
AGREED PROTECTIVE ORDER granting #24 Agreed MOTION for Protective Order (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 24 Agreed MOTION for Protective Order by Cameron International Corporation, filed. Motion Docket Date 8/29/2016. (Friedman, Edward) |
| Filing 23 AO 435 TRANSCRIPT REQUEST by FMC Technologies Singapore PTE Ltd. of Discovery Hearing on 7/27/16 before Judge Atlas. 1st COPY, filed.(Ford, Sammy) Request forwarded to EXCEPTIONAL REPORTING Modified on 10/20/2016 (hcarr, 4). |
| Filing 22 Notice of Filing of Official Transcript as to #21 Transcript. Party notified, filed. (hcarr, 4) |
| Filing 21 TRANSCRIPT re: #12 - DISCOVERY HEARING held on 7/27/16 before Judge Nancy F Atlas. Court Reporter/Transcriber EXCEPTIONAL REPORTING. Ordering Party EDWARD FRIEDMAN Release of Transcript Restriction set for 11/1/2016., filed. (thudson, ) |
| Filing 20 AO 435 TRANSCRIPT REQUEST by Edward Friedman for Transcript of Discovery Hearing on 07/27/16 before Judge Atlas. Daily (24 hours) turnaround requested. Court Reporter/Transcriber: Exceptional Reporting Services, filed. (Friedman, Edward) Court Reporter-ERO/ Transcriber: Exceptional Reporting Services. Electronically forwarded to Exceptional Reporting Services 8/2/2016. Estimated Transcript Completion Date: 8/03/2016. Modified on 8/2/2016 (blacy, 4). |
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Filing 19
MINUTE ENTRY ORDER: Discovery Hrg held Appearances: Cody Vasut, Andrew Reed, Scott Fiddler. Appearances: Edward Louis Friedman, Sammy Ford, IV, Todd W Mensing. Ct Reporter: ERO. Rulings as made on the record in open court. The following deadlines have been agreed to by the parties and ordered by the Court:Parties to file a letter with case law regarding the jurisdictional issue, no later than 9:00 a.m. on July 28, 2016.August 10, 2016: Parties to produce documents and responses to discovery. It is understood that a rolling production may be necessary. Good faith efforts will be made to produce all documents by this date. August 10, 2016: Defendant Abbiss to Answer or move for dismissal.August 15, 2016: Deposition of Defendant Abbiss in the U.K. (on all issues)August 19, 2016: Deposition of Sandy Ewen (Cameron) to be taken in Singapore. He will be Plaintiffs corporate representative on as many subjects as possible. Additional witnesses will be produced by Plaintiff if necessary. August 22, 2016: Deposition of Mr. Dempster to be taken in Singapore.Each party is required to present witnesses for a total of seven (7) hours, unless additional time is agreed.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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Filing 18
ORDER (Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 17 BRIEF In Support of Defendant FMC Technologies Singapore Discovery Objections by FMC Technologies Singapore PTE Ltd., filed.(Ford, Sammy) |
| Filing 16 BRIEF Support of Requests for Production Nos. 17 and 20 by Cameron International Corporation, filed.(Friedman, Edward) |
| Filing 15 STATUS REPORT by FMC Technologies Singapore PTE Ltd., filed. (Attachments: #1 Exhibit FMC Technologies Singapore PTE LTD's Responses to Plaintiff's First Request for Production)(Ford, Sammy) |
| Filing 14 STATUS REPORT by Cameron International Corporation, filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Friedman, Edward) |
| Filing 13 RETURN of Service of SUMMONS Executed as to Steven Abbiss served on 7/25/2016, answer due 8/15/2016, filed.(Friedman, Edward) |
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Filing 12
MINUTE ENTRY ORDER: Scheduling conference held GRANTED in part #3 MOTION to Expedite Discovery. Appearances: Cody Vasut, Andrew Reed, Doug Salisbury. Appearances: Edward Louis Friedman, Sammy Ford, IV. Ct Reporter: ERO. Discovery and scheduling rulings as stated on the record in open court. Defendants attorneys appeared without prejudice to the issues of lack of proper service on Abbiss, and lack of personal jurisdiction on both Defendants. Court warns Defendant Abbiss that his conduct will be scrutinized and he should consider taking a vacation (i.e., not engaging in business that competes with Plaintiffs) until at least the issues are preliminarily addressed. All work he does will be subject to discovery. Court notes issues of choice of law, for service and substantive issues.Motion for Expedited Discovery by Cameron International Corporation [Doc. # 3] is GRANTED in part in accordance with the record in open court. Parties must make fulsome and prompt initial disclosures on (1) jurisdictional factual matters, (2) Abbisss job responsibilities, and (3) Plaintiffs business in countries as to which Abbiss has responsibilities at FMC Singapore.Discovery requests by Plaintiff should be served promptly, if possible, by 12:00 p.m. on Friday, July 22, 2016. Defendants may serve discovery also, if they choose. Expedited schedule should be agreed. Depositions should be in Singapore of Defendant FMC and also of Abbiss, if possible.A conference on any discovery issues is set for July 27, 2016 at 2:00 p.m. If there is no need for the conference, the parties jointly may request it be cancelled.Parties to submit a proposed discovery and briefing schedule on FMC Singapores pending motion to dismiss, and any motions filed by Abbiss. Court hopes to hold the preliminary injunction hearing during the week of September 12, 2016. ( Discovery Hearing set for 7/27/2016 at 02:00 PM in Courtroom 9F before Judge Nancy F Atlas)(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 11 MOTION to Dismiss by FMC Technologies Singapore PTE Ltd., filed. Motion Docket Date 8/10/2016. (Attachments: #1 Exhibit Declaration)(Ford, Sammy) |
| Filing 10 RETURN of Service of SUMMONS Executed as to FMC Technologies Singapore PTE Ltd. served on 7/20/2016, answer due 8/10/2016, filed.(Friedman, Edward) |
| Filing 9 RETURN of Service of SUMMONS Executed as to FMC Technologies Singapore PTE Ltd. served on 7/19/2016, answer due 8/9/2016, filed.(Friedman, Edward) |
| Filing 8 RETURN of Service of SUMMONS Executed as to Steven Abbiss served on 7/19/2016, answer due 8/9/2016, filed.(Friedman, Edward) |
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Filing 7
ORDER Conference set for 7/20/2016 at 02:30 PM at Courtroom 9F before Judge Nancy F Atlas to discuss Plaintiffs pending Motion for Temporary Restraining Order (TRO). At the conference, the Court will discuss with counsel scheduling and other issues related to the TRO application.(Signed by Judge Nancy F Atlas) Parties notified.(sashabranner, 4)
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| Filing 6 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Summons)(Friedman, Edward) |
| Filing 5 Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Summons)(Friedman, Edward) |
| Filing 4 CERTIFICATE OF INTERESTED PARTIES by Cameron International Corporation, filed.(Friedman, Edward) |
| Filing 3 MOTION to Expedite Discovery by Cameron International Corporation, filed. Motion Docket Date 8/8/2016. (Attachments: #1 Proposed Order)(Friedman, Edward) |
| Filing 2 MOTION for Temporary Restraining Order by Cameron International Corporation, filed. Motion Docket Date 8/8/2016. (Attachments: #1 Affidavit Declaration of Sandy Ewen, #2 Affidavit Declaration of Tobias Glueck, #3 Proposed Order Proposed Temporary Restraining Order, #4 Proposed Order Proposed Preliminary Injunction)(Friedman, Edward) |
| Filing 1 COMPLAINT against Steven Abbiss, FMC Technologies Singapore PTE Ltd. (Filing fee $ 400 receipt number 0541-16956262) filed by Cameron International Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet Civil Cover Sheet)(Friedman, Edward) |
| Summons Issued as to All Defendants. Issued summons returned to plaintiff by: In person, filed.(gkelner, 4) |
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