ShowCoat Solutions, LLC v. Butler et al
| ShowCoat Solutions, LLC |
| Andy Butler, Chris Wilson, Chris Wilson individually and doing business as Wilson Farms, Andy Butler individually and doing business as Butler Cattle Company and Code Blue, LLC |
| Stacy J. Miller |
| Harmon Butler |
| Truist Financial Corporation, The Commercial Bank of Ozark, Alabama, BB&T Corporation, Wells Fargo Bank, National Association and DFAS Garnishment Law Directorate |
| 1:2018cv00789 |
| September 10, 2018 |
| US District Court for the Middle District of Alabama |
| Andrew L Brasher |
| Emily C Marks |
| Kelly F Pate |
| Susan Russ Walker |
| William Keith Watkins |
| Trademark |
| 15 U.S.C. § 1114 Trademark Infringement |
| Both |
Docket Report
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Filing 240
ORDER: it is ORDERED that the #217 & #222 motions for an evidentiary hearing are GRANTED; It is further ORDERED that the motions are set for an evidentiary hearing and oral argument on 9/21/2022 at 10:00 a.m. in CR 2A, FMJ US Courthouse, One Church Street, Montgomery, AL; The parties should be fully prepared to discuss all pending motions and the status of this case; DIRECTING the Clerk to provide a court reporter for this proceeding. Signed by Chief Judge Emily C. Marks on 8/25/2022. (Furnished: Calendar & WS)(am, )
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Filing 239
ORDER: it is ORDERED that the Motion to Withdraw (doc. #221 ) is GRANTED. Signed by Chief Judge Emily C. Marks on 8/25/2022. (cwl, )
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***PURSUANT TO THE COURT'S #239 ORDER - Attorney Harry Preston Hall, II and Ann Ashton Holmes Ott terminated. (No pdf attached to this entry) (cwl, )
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Filing 238
NOTICE/LETTER by Defense Finance and Accounting Service re mailing of #233 Order to DFAS Garnishment Law Director, Ms. C. Vazquez stating based on the Social Security Number provided; we are unable to identify this individual. Please check your records to ensure you have submitted the correct Social Security Number for the individual involved. (dmn, )
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Motion No Longer Referred to United States Magistrate Judge Kelly Fitzgerald Pate: #222 MOTION for Contempt re June 18, 2020 #204 Amended Final Judgment and Permanent Injunction, and MOTION for Evidentiary Hearing by ShowCoat Solutions, LLC. (dmn, )
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Filing 237
LETTER from CT Corporation stating after checking with the records of the State of AL, it has been determined that C T Corporation System is not the registered agent for an entity by the name of Truist Financial Corporation. CT was unable to forward (dmn, )
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Filing 236
RESPONSE to Plaintiff's #230 Reply Brief filed pursuant to #233 Order filed by Chris Wilson, his non-party wife, Carolyn Wilson, and her limited liability company 212 Livestock Products, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Sumblin, Anne) Modified on 3/18/2022 to reflect actual title, include additional filers, and clean up text. (dmn, )
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Filing 235
NOTICE of Correction re #229 Notice to the Court. The original pdf did not contain a signature nor a certificate of service. The correct pdf is attached to this notice. (Attachments: #1 Correct pdf of Doc. #229 )(dmn, )
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Filing 234
REPLY in Support of Plaintiff's #222 MOTION for Contempt and Evidentiary Hearing, filed by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 3/16/2022 to clean up text. (dmn, )
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Filing 233
ORDER: Now pending before the Court is Chris Wilson, Carolyn Wilson, and 212 Livestock Products, LLC's ("Respondents") motion for leave to respond to Plaintiff's reply brief in support of motion for contempt and evidentiary hearing (doc. #231 ) filed on 3/8/2022. Upon consideration of the motion, and for good cause, it is ORDERED that the Respondents' motion (doc. #231 ) is GRANTED, and the Respondents may file a response to the Plaintiff's reply brief on or before 3/16/2022. Signed by Chief Judge Emily C. Marks on 3/9/2022. (dmn, )
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Filing 232
RESPONSE in Opposition re #231 MOTION for Leave to Respond to Plaintiffs' #230 Reply Brief in Support of #222 Motion for Contempt and Evidentiary Hearing filed by ShowCoat Solutions, LLC. (Jackson, Nathan)
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Filing 231
MOTION for Leave to Respond to Plaintiffs' #230 Reply Brief in Support of #222 Motion for Contempt and for Evidentiary Hearing by Chris Wilson. (Sumblin, Anne) Modified on 3/9/2022 clean up text and create links. (dmn, )
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Filing 230
REPLY BRIEF in Support of #222 MOTION for Contempt and Motion for Evidentiary Hearing, filed by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit E-mail containing agreement)(Hargrove, Travis) Modified on 3/2/2022 to clean up text. (dmn, )
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Filing 229
NOTICE to the Court by Harmon Butler that he is no longer represented by counsel, and chooses to represent himself. (dmn, ) (Additional attachment(s) added on 3/16/2022: #1 Main Document with Original Signature and Certificate of Service) (dmn, )
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Filing 227
AFFIDAVIT of Service for Plaintiff's Motion for Contempt and for Evidentiary Hearing, Memorandum of Law ISO Motion for Contempt and for Evidentiary Hearing with Exhibits served on Chris Wilson on 02/09/2022, filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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***Attorney Anne Stone Sumblin added for Chris Wilson. (dmn, ) (see Doc. #226 )
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OPPOSITION to #217 Motion for Contempt and Motion for Evidentiary Hearing, filed by Defendant Chris Wilson, and on behalf of his non-party wife, Carolyn Wilson, and her limited liability company 212 Livestock Products, LLC. (dmn, ) (no pdf, see Doc. #226 )
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Filing 226
RESPONSE TO #219 Order to Show Cause and OPPOSITION to #217 Motion for Contempt and for Evidentiary Hearing by defendant Chris Wilson, and on behalf of his non-party wife, Carolyn Wilson, and her limited liability company 212 Livestock Products, LLC. (Sumblin, Anne) Modified on 3/1/2022 to clean up text and reflect actual title of pdf, and include non-parties as filers.
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Filing 225
NOTICE of Appearance by Nathan Nickolas Jackson on behalf of ShowCoat Solutions, LLC (Jackson, Nathan)
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Filing 224
LETTER from CT Corporation stating after checking with the records of the State of AL, it has been determined that C T Corporation System is not the registered agent for an entity by the name of Truist Financial Corporation. CT was unable to forward. (dmn, )
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Filing 223
[PLEASE DISREGARD THIS DOCKET ENTRY WITH REGARDS TO THE MOTION. THIS IS A MEMORANDUM IN SUPPORT NOT A MOTION. WRONG CIVIL EVENT SELECTED WHEN ORIGINALLY FILED. PLEASE SEE CORRECTED DOCKET ENTRY.] MOTION for Contempt re #204 Amended Final Judgment, by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A, Amended Final Judgment and Permanent Injunction, #2 Exhibit B, Memorandum Opinion and Order, #3 Exhibit C, Final Judgment and Permanent Injunction, #4 Exhibit D, Affidavit of Chad Folger, #5 Exhibit E, Photos taken by Chad Folger)(Hargrove, Travis) Modified on 2/14/2022 to clean up text, reflect wrong event selected, not a motion, and to include proper exhibit names. (dmn, )
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Filing 222
MOTION for Contempt re June 18, 2020 #204 Amended Final Judgment and Permanent Injunction, and MOTION for Evidentiary Hearing by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 2/14/2022 to clean up text and reflect actual title and proper links. (dmn, )
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MEMORANDUM of Law in Support of #222 MOTION for Contempt, filed by ShowCoat Solutions, LLC. (dmn, ) (no pdf, see Doc. #223 for pdf; incorrect civil event code selected when originally filed)
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MOTION for Evidentiary Hearing by ShowCoat Solutions, LLC. (dmn, ) (no pdf, see Doc. #222 )
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Filing 221
MOTION for Ashton H. Ott and Harry P. Hall to Withdraw as Attorneys of Record by Code Blue, LLC, Chris Wilson. (Ott, Ann) Modified on 2/14/2022 to include attorney names requesting withdrawal. Pro se addresses provided in pdf. (dmn, )
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Filing 220
RESPONSE to Court #219 Order, by Andy Butler. (Shinbaum, Richard) The Motion to show cause does not appear to be directed against the Defendant, Andy Butler, and the attorney served does not represent Butler in this action and is filing this response since he was improperly served with the motion and the order directed the Defendants to show cause. Modified on 2/14/2022 to reflect actual title. (dmn, )
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Filing 219
ORDER: Now pending before the Court is the Plaintiff's motion for contempt and for an evidentiary hearing (doc. #217 ) filed on 2/1/2022. Upon consideration of the motion, and for good cause, it is ORDERED that on or before 2/22/2022, the Defendants shall file a response to the motions. It is further ORDERED that the Plaintiff may filed a reply to the Defendants' responses on or before 3/1/2022. Signed by Chief Judge Emily C. Marks on 2/7/2022. (dmn, )
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Filing 218
Case reassigned to Chief Judge Emily C. Marks. Honorable Judge Andrew L. Brasher no longer assigned to the case as presiding judge. (dmn, )
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Motions No Longer Referred to US Magistrate Judge: #217 MOTION for Contempt re #169 Judgment, Permanent Injunction, #204 Judgment, Permanent Injunction. (No pdf attached to this entry) (wcl, )
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Filing 217
MOTION for Contempt re #169 Judgment,,,,,,,,,,,,,,,,,,,,,,,,,,, Permanent Injunction,,,,,,,,,,,,,,,,,,,,,,,,,, #204 Judgment,,,,,,,,,,,,,,,,, Permanent Injunction,,,,,,,,,,,,,,,, by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit Brief In Support, #2 Exhibit Final Judgment and Permanent Injuction, #3 Exhibit Memorandum Opinion and Order, #4 Exhibit Agreement to Sell assets-Bill of Sale, #5 Exhibit Judgment Debtor's Examination of Christopher Wilson)(Hargrove, Travis)
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Motions No Longer Referred to Magistrate Judge Pate: #214 MOTION to Compel Post-Judgment Discovery Responses (djy, )
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Case reassigned to Honorable Judge Kelly F. Pate. Honorable Judge Stephen Michael Doyle no longer assigned to the case as referral judge. (dmn, ) (no pdf)
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Filing 216
ORDER: This matter comes before the Court on Plaintiff ShowCoat Solutions, LLC's Motion to Amend or Correct the Writ of Execution, (Doc. #212 ), issued on 7/10/2020. This motion is STAYED by operation of 11 U.S.C. 362 pending resolution of Defendant Andy Butler's bankruptcy case, (Doc. #213 ). Signed by Honorable Judge Andrew L. Brasher on 8/31/2020. Furnished Clerk, USBC/MDAL. (dmn, ) Modified on 8/31/2020 to include copy furnished to USBC/MDAL. (dmn, )
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Filing 215
TEXT ORDER granting #210 Motion to Withdraw Ashton H. Ott and Harry P. Hall, II as attorneys for Andy Butler and Harmon Butler. Signed by Honorable Judge Andrew L. Brasher on 8/18/2020. (dmn, ) (no pdf)
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*** Attorney Harry Preston Hall, II and Ann Ashton Holmes Ott terminated pursuant to 215 Text Order. (dmn, )
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Filing 214
MOTION to Compel Post-Judgment Discovery Responses by ShowCoat Solutions, LLC. (Miller, Abigail)
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***Attorney Richard David Shinbaum addedfor Andy Butler. (dmn, ) (no pdf, see Doc. #213 for pdf)
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Filing 213
SUGGESTION OF BANKRUPTCY Upon the Record as to Andy Butler Case 20-31613 M.D.Alabama by Andy Butler. (Shinbaum, Richard)
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Filing 212
MOTION to Amend/Correct #211 Writ Issued by ShowCoat Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Hargrove, Travis)
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Filing 211
WRIT of Execution issued and returned to counsel for personal service. (Attachments: #1 Notice of Right to Claim Exemption From, #2 Exhibit A) (kh, )
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Filing 210
MOTION to Withdraw Ashton H. Ott and Harry P. Hall, II as Attorneys, by Andy Butler, Harmon Butler. (Ott, Ann) Modified on 8/17/2020 to include attorney names requesting withdrawal. (dmn, )
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Filing 209
APPLICATION for Writ of Execution by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A-Final Judgment & Permanent Injunction, #2 Exhibit B-Recorded Certificate of Judgment, #3 Exhibit C-Personal Property, #4 Exhibit D-Real Property, #5 Exhibit E-Writ of Execution & Notice of Right to Claim Exemption to Debtor/Defendant)(Hargrove, Travis)
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Filing 208
CERTIFICATE of Judgment. (amf, )
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Filing 207
ANSWER to Writ of Garnishment by DFAS Garnishment Law Directorate. (dmn, )
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Filing 206
ANSWER to Writ of Garnishment by Wells Fargo Bank, National Association. (dmn, )
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Filing 205
ANSWER to Writ of Garnishment by Truist Financial Corporation. (dmn, )
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Filing 204
AMENDED FINAL JUDGMENT AND PERMANENT INJUNCTION: In accordance with the Jury Verdict entered in this case, (Doc. #158 ), it is the ORDER, JUDGMENT, and DECREE of the Court that Final Judgment is entered: in favor of Plaintiff ShowCoat Solutions, LLC and against Defendants Andy Butler and Chris Wilson on Count I of the Complaint as to marks "ShowCoat" and "Dress Coat"; in favor of Andy Butler and Chris Wilson and against ShowCoat Solutions on Count I, as to marks "Pop Shot" and "Volumax"; in favor of ShowCoat Solutions and against Andy Butler on Count II; in favor or Chris Wilson and against ShowCoat Solutions on Count II; in favor of ShowCoat Solutions and against Andy Butler and Chris Wilson on Count III, as to marks ShowCoat and Dress Coat; in favor of Andy Butler and Chris Wilson and against ShowCoat Solutions on Count III, as to marks Pop Shot and Volumax; in favor of Andy Butler and Chris Wilson and against ShowCoat Solutions on Count V; in favor of ShowCoat Solutions and against Andy Butler on Count VI; in favor of ShowCoat Solutions and against Harmon Butler, Andy Butler, and Code Blue, LLC on Count VII; in favor of Chris Wilson and against ShowCoat Solutions on Count VII; in favor of Harmon Butler and against ShowCoat Solutions on Count X; in favor of Andy Butler, Chris Wilson, and Code Blue, LLC and against ShowCoat Solutions on Count XI; in favor of ShowCoat Solutions and against Andy Butler on Count XVII; in favor of ShowCoat Solutions and against Andy Butler on Counterclaim 1; in favor of Chris Wilson and against ShowCoat Solutions on Counterclaim 4; and in favor of ShowCoat Solutions and against Andy Butler on Counterclaim 5. With respect to the following Counts, damages are assessed, and execution may issue. Count I: compensatory damages against Andy Butler in the amount of $200,000, and against Chris Wilson in the amount of $175,000; Count II: damages against Andy Butler in the amount of $40,000; Count III: damages against Andy Butler in the amount of $100,000, andagainst Chris Wilson in the amount of $75,000; Count VI: damages against Andy Butler in the amount of $100,000; Count VII: compensatory damages against Harmon Butler in the amount of $25,000, against Andy Butler in the amount of $250,000, and against Code Blue, LLC in the amount of $750,000; punitive damages against Harmon Butler in the amount of $10,000 and against Andy Butler in the amount of $100,000; Count XVII: compensatory damages against Andy Butler in the amount of$1.00; Counterclaim 4: compensatory damages against ShowCoat Solutions in theamount of $6,800. ATTORNEYS' FEES: Also, in accordance with the Order entered on this date, all of ShowCoat Solutions' attorneys' fees, fees, costs and expenses which have been claimed or accrued through and including June 18, 2020 are settled in full for $139,050.00 for which Defendants Andy Butler, individually and d/b/a Butler Cattle Company, Harmon Butler, Chris Wilson, individually and d/b/a Wilson Farms, and Code Blue, LLC are jointly and severally liable. PERMANENT INJUNCTION: Further, in accordance with the Memorandum Opinion and Order entered on this date, the Court finds that ShowCoat Solutions has suffered irreparable injury with a substantial risk of further irreparable injury, it has inadequate legal remedies, it is favored in the balance of hardships, and the public interest would not be disserved by a permanent injunction against Andy Butler, Harmon Butler, Chris Wilson, and Code Blue, LLC and in favor of ShowCoat Solutions. WHEREFORE, the Court ORDERS, ADJUDGES, and DECREES as follows as further set out in the judgment and permanent injunction. This Court shall retain jurisdiction of this action for all purposes, including without limitations, all proceedings involving the enforcement of this Order and Permanent Injunction. The Clerk is DIRECTED to enter this document on the civil docket as a Final Judgment pursuant to FRCP 58. Signed by Honorable Judge Andrew L. Brasher on 6/18/2020. (Attachments: #1 Civil Appeals Checklist)(dmn, )
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Filing 203
ORDER: This matter comes before the Court on the parties' #201 Consent Motion for Approval of Settlement of Attorneys' Fees and to Amend Final Judgment (Doc. #201 ). Upon consideration, the motion is GRANTED. The Court will enter an amended judgment to reflect the parties stipulation that all attorney's fees, fees, costs, and expenses which have been claimed or accrued through and including this date by Plaintiff in this action are settled in full for $139,050.00 for which Defendants Andy Butler, individually and d/b/a Butler Cattle Company, Harmon Butler, Chris Wilson, individually and d/b/a Wilson Farms, and Code Blue, LLC are jointly and severally liable. Signed by Honorable Judge Andrew L. Brasher on 6/18/2020. (dmn, )
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Filing 202
Return Receipt Card showing service of #188 Application and #196 Writ of Garnishment signed by Kelly Webster (name illegible) for Wells Fargo Bank, National Association served on 6/15/2020. (dmn, )
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Filing 201
CONSENT MOTION for Approval of Settlement of Attorneys' Fees and to Amend #169 Final Judgment by ShowCoat Solutions, LLC, Chris Wilson, Code Blue, LLC, Harmon Butler, Andy Butler. (Attachments: #1 Text of Proposed Order)(Miller, Abigail) Modified on 6/18/2020 to reflect actual title and include additional filers. (dmn, )
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Filing 200
Return Receipt Card showing service of #187 Application and #195 Writ of Garnishment signed by Jennifer Lockwood for Truist Financial Corporation served on 6/15/2020. (dmn, )
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Filing 199
NOTICE of Filing of Proof of Service by ShowCoat Solutions, LLC re #197 Writ of Garnishment. (Attachments: #1 Exhibit A-Fax Confirmation, #2 Exhibit B-Process of Garnishment)(Hargrove, Travis) Modified on 6/15/2020 to clean up text.(dmn, )
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Filing 198
ORDER: This matter comes before the Court on Plaintiff ShowCoat Solutions, LLC's #183 Second Post-Judgment Motion for Contempt. After hearing oral argument and upon consideration of the motion and response, the motion is DENIED as further set out in the order. Signed by Honorable Judge Andrew L. Brasher on 6/12/2020. (dmn, )
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Filing 197
WRIT OF GARNISHMENT issued as to #189 APPLICATION for Writ of Garnishment and returned to counsel for personal service on garnishee DFAS Garnishment Law Directorate. (wcl, )
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Filing 196
WRIT OF GARNISHMENT issued as to #188 APPLICATION for Writ of Garnishment and mailed CMRRR to garnishee Wells Fargo Bank, National Association. (wcl, )
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Filing 195
WRIT OF GARNISHMENT issued as to #187 APPLICATION for Writ of Garnishment and mailed CMRRR to garnishee Truist Financial Corporation. (wcl, )
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Filing 194
WRIT OF GARNISHMENT issued as to #186 APPLICATION for Writ of Garnishment and mailed CMRRR to garnishee The Commercial Bank of Ozark, Alabama. (wcl, )
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Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher: Telephone Conference held on 6/10/2020 (NO PDF available). (Court Reporter Blanton Callen.) (dh)
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Filing 193
TEXT ORDER directing Plaintiff to send the documents referenced in the #192 Reply to propord_brasher@almd.uscourts.gov. Signed by Honorable Judge Andrew L. Brasher on 6/10/2020. (dmn, ) (no pdf)
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MOTION to Seal Agreement by ShowCoat Solutions, LLC. (dmn, ) (no pdf, see Doc. #192 for pdf)
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Filing 192
REPLY in Support of #183 Second Post Judgment Motion for Contempt and Motion to File Agreement Under Seal, filed by ShowCoat Solutions, LLC. (Miller, Abigail) Modified on 6/10/2020 to clean up text. (dmn, )
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Filing 191
CERTIFICATION of Judgment. (bes, )
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Filing 190
RESPONSE to #183 Second Post-Judgment Motion for Contempt filed by Chris Wilson. (Attachments: #1 Exhibit A, Affidavit of Chris Wilson)(Ott, Ann) Modified on 6/3/2020 reflect actual title and clean up text. (dmn, )
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Filing 189
APPLICATION for Writ of Garnishment to Employer by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A-Writ of Garnishment, #2 Exhibit Garnishee's Answer, #3 Exhibit Process of Garnishment, #4 Exhibit Notice to Defendant)(Hargrove, Travis)
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Filing 188
APPLICATION for Writ of Garnishment to Wells Fargo by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A-Writ of Garnishment, #2 Exhibit Garnishee's Answer, #3 Exhibit Process of Garnishment, #4 Exhibit Notice to Defendant)(Hargrove, Travis)
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Filing 187
APPLICATION for Writ of Garnishment to Truist Financial Corp by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A-Writ of Garnishment, #2 Exhibit Garnishee's Answer, #3 Exhibit Process of Garnishment, #4 Exhibit Notice to Defendant)(Hargrove, Travis)
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Filing 186
APPLICATION for Writ of Garnishment to Commercial Bank of Ozark, Alabama by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A-Writ of Garnishment, #2 Exhibit Garnishee's Answer, #3 Exhibit Process of Garnishment, #4 Exhibit Notice to Defendant)(Hargrove, Travis)
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Filing 185
TEXT ORDER directing Defendants to respond to Doc. #183 Motion for Contempt by 6/3/2020; and sets a Telephone hearing for 6/10/2020 at 2:00 PM before Honorable Judge Andrew L. Brasher. Signed by Honorable Judge Andrew L. Brasher on 5/27/2020. Furnished calendar, DH.(dmn, )
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Filing 184
BRIEF/MEMORANDUM in Support of Plaintiff's #183 Second Post-Judgment MOTION for Contempt, filed by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A-Opinion & Order, #2 Exhibit B-Final Judgment and Permanent Injunction, #3 Exhibit C-212 Livestock Products, #4 Exhibit D-Product Image Comparisons)(Hargrove, Travis) Modified on 5/21/2020 to clean up text. (dmn, )
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Filing 183
Second Post-Judgment MOTION for Contempt (to hold Defendants Chris Wilson and Code Blue, LLC in contempt of Court for violating this Court's 3/19/2020 #167 Memorandum Opinion and Order, #169 Final Judgment and Permanent Injunction), by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 5/21/2020 to clean up text and reflect actual title. (dmn, )
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Filing 182
ORDER: It is ORDERED that this matter is set for a Mediation Conference with the undersigned on 6/17/2020 at 10:00 AM by video conference. The courtroom deputy will contact the parties with the videoconference instructions. It is further ORDERED that counsel with full authority to settle the fee dispute shall attend the videoconference. Signed by Honorable Judge William Keith Watkins on 5/21/2020. Furnished calendar group, WR.(dmn, )
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Filing 181
TEXT ORDER: By 5/15/2020, the parties are DIRECTED to contact the chambers of Senior Judge W. Watkins to schedule a mediation of pending post-trial motions. Signed by Honorable Judge Andrew L. Brasher on 5/11/2020. (dmn, ) (NO PDF)
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Filing 180
REPLY BRIEF re #173 MOTION for Attorney Fees filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 179
TEXT ORDER GRANTING #177 Motion to Withdraw #170 Motion for Contempt.Signed by Honorable Judge Andrew L. Brasher on 4/20/2020. (dmn, ) (no pdf)
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Filing 178
Objection to re #173 MOTION for Attorney Fees filed by Andy Butler, Harmon Butler, Code Blue, LLC. (Ott, Ann)
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MOTION to Withdraw #170 Motion for Contempt Without Prejudice by ShowCoat Solutions, LLC. (dmn, ) (no pdf; wrong event code selected when originally filed; see Doc. #177 for pdf)
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Filing 177
[WRONG EVENT CODE SELECTED. DOCUMENT IS NOT A STIPULATION. SEE CORRECTED DOCKET ENTRY] STIPULATION re #170 MOTION for Contempt Withdrawal of Pending Motion for Contempt Without Prejudice by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 4/17/2020 to clean up text. (dmn, ) Modified on 4/20/2020 to reflect wrong event code selected. (dmn, )
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Filing 176
TEXT ORDER: Defendants are DIRECTED to file a response to Doc. #173 by 4/19/2020, which is the same date the parties' joint report regarding Doc. #170 Motion for Contempt is due. Signed by Honorable Judge Andrew L. Brasher on 4/7/2020. (dmn, ) (no pdf)
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Filing 175
TEXT ORDER GRANTING #174 Joint Motion for Extension of Deadline. Signed by Honorable Judge Andrew L. Brasher on 4/6/2020. (dmn, ) (no pdf)
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Filing 174
JOINT MOTION for Extension of Deadline 4/1/2020 re #170 Motion for Contempt re #169 Judgment , #171 BRIEF/MEMORANDUM in Support, by Andy Butler, Harmon Butler, Code Blue, LLC. (Ott, Ann) Modified on 4/6/2020 to clean up text. (dmn, ) Modified on 4/6/2020 to include Chris Wilson as a filer, failed to select when originally filed. (dmn, )
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Filing 173
MOTION for Attorney Fees by ShowCoat Solutions, LLC. (Attachments: #1 Affidavit Affidavit of Travis Hargrove, #2 Exhibit A-Fees Aug.2018-Aug.2019, #3 Exhibit B-Fees Sep.2019-Jan.2020, #4 Exhibit C-Fees Feb.2020-Mar.2020, #5 Exhibit D-Costs and Expenses)(Hargrove, Travis)
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Filing 172
TEXT ORDER: Defendants are DIRECTED to file a response to #170 Motion for Contempt re #169 Judgment, and #171 Brief/Memorandum in Support. Signed by Honorable Judge Andrew L. Brasher on 4/1/2020.(dmn, ) (no pdf)
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Filing 171
BRIEF/MEMORANDUM in Support of #170 Motion for Contempt filed by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A-Memorandum Opinion & Order, #2 Exhibit B-Final Judgment & Permanent Injunction, #3 Exhibit C-Excerpts from Code Blue Products Facebook page, #4 Exhibit D-Code Blue Products Facebook page references to the sale of Chill, #5 Exhibit E-screenshot of the description of Chill on Code Blues website, #6 Exhibit F-pictures of Code Blue products available for sale on Willoughby Livestock Sales website, #7 Exhibit G-Facebook posts indicating Heald will have Code Blue products to sell)(Hargrove, Travis) Modified on 3/31/2020 to clean up text. (dmn, )
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Filing 170
[WITHDRAWN PURSUANT TO TEXT ORDER DOC. 179 .] MOTION for Contempt re #169 Judgment, by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 3/31/2020 to clean up text. (dmn, ) Modified on 8/18/2020 (dmn, ).
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Filing 169
FINAL JUDGMENT AND PERMANENT INJUNCTION: it is the ORDER, JUDGMENT and DECREE of the Court that Final Judgment is entered: in favor of Plf ShowCoat Solutions, LLC and against Dfts Andy Butler and Chris Wilson on Count I of the Complaint as to marks "ShowCoat" and "Dress Coat"; in favor of Andy Butler and Chris Wilson and against ShowCoat Solutions on Count I, as to marks "Pop Shot" and "Volumax"; in favor of ShowCoat Solutions and against Andy Butler on Count II; in favor of Chris Wilson and against ShowCoat Solutions on Count II; in favor of ShowCoat Solutions and against Andy Butler and Chris Wilson on Count III, as to marks "ShowCoat" and "Dress Coat"; in favor of Andy Butler and Chris Wilson and against ShowCoat Solutions on Count III, as to marks "Pop Shot" and "Volumax"; in favor of Andy Butler and Chris Wilson and against ShowCoat Solutions on Count V; in favor of ShowCoat Solutions and against Andy Butler on Count VI; in favor of ShowCoat Solutions and against Harmon Butler, Andy Butler, and Code Blue, LLC on Count VII; in favor of Chris Wilson and against ShowCoat Solutions on Count VII; in favor of Harmon Butler and against ShowCoat Solutions on Count X; in favor of Andy Butler, Chris Wilson, and Code Blue, LLC and against ShowCoat Solutions on Count XI; in favor of ShowCoat Solutions and against Andy Butler on Count XVII; in favor of ShowCoat Solutions and against Andy Butler on Counterclaim 1; in favor of Chris Wilson and against ShowCoat Solutions on Counterclaim 4; and in favor of ShowCoat Solutions and against Andy Butler on Counterclaim 5; With respect to the following Counts, damages are assessed, and execution may issue; Count I: compensatory damages against Andy Butler in the amount of $200,000, and against Chris Wilson in the amount of $175,000; Count II: damages against Andy Butler in the amount of $40,000; Count III: damages against Andy Butler in the amount of $100,000, and against Chris Wilson in the amount of $75,000; Count VI: damages against Andy Butler in the amount of $100,000; Count VII: compensatory damages against Harmon Butler in the amount of $25,000, against Andy Butler in the amount of $250,000, and against Code Blue, LLC in the amount of $750,000; punitive damages against Harmon Butler in the amount of $10,000 and against Andy Butler in the amount of $100,000; Count XVII: compensatory damages against Andy Butler in the amount of$1.00; Counterclaim 4: compensatory damages against ShowCoat Solutions in the amount of $6,800; ShowCoat Solutions' attorneys' fees for the attempted recovery of Harmon Butler's cell phone in the amount of $5,775.57 are taxed against Andy Butler and Harmon Butler; the Court ORDERS, ADJUDGES, and DECREES as follows: 1) Under the equitable powers of this Court and the Court's authority under 15 USC 1116(a) (trademark) and 17 USC 502(a) (copyright), Dfts Andy Butler and Chris Wilson, and also all persons in active concert or participation with them who receive actual notice of this Order and Permanent Injunction, are hereby immediately and permanently ENJOINED and RESTRAINED from violating ShowCoat Solutions, LLCs trademarks in ShowCoat and Dress Coat and ShowCoat Solutions' copyright; selling any products, actual or counterfeit which infringe on the "ShowCoat" or "Dress Coat" marks; or acting in any way calculated to cause purchasers or consumers to believe Dfts' products or services originate with or are produced or sold under the control and supervision of ShowCoat, or are affiliated, connected, associated, sponsored, guaranteed, or approved by ShowCoat;2) Under the equitable powers of this Court and the Court's authority under the Alabama Trade Secrets Act, Ala. Code 8-27-4(a)(1) (1975), Dfts Andy Butler, Harmon Butler, and Code Blue, LLC are hereby ENJOINED and RESTRAINED from using or otherwise referring to the stolen formula for ShowCoat; 3) Under the equitable powers of this Court and the Court's authority under the Alabama Trade Secrets Act, Ala. Code 8-27-4(a)(1), Dfts Andy Butler and Harmon Butler are hereby ENJOINED and RESTRAINED from working in the livestock haircare industry in any manner whatsoever, including, but not limited to, as an employee, consultant, or otherwise, with or without compensation, until 3/19/2023, which is three years from the date of this Order; This paragraph of the Order does not extend to educational or personal livestock activities; 4) Under the equitable powers of this Court and the Court's authority under the Alabama Trade Secrets Act, Ala. Code 8-27-4(a)(1), Dft Code Blue, LLC is hereby ENJOINED and RESTRAINED from being sold or transferred in whole or in part and from distributing or selling any product for the care of the hair of livestock of any sort or working in the livestock haircare industry in any manner whatsoever; 5) Under the equitable powers of this Court and the Court's authority under the Alabama Trade Secrets Act, Ala. Code 8-27-4(a)(1), Dft Chris Wilson is hereby ENJOINED and RESTRAINED from cooperating with, assisting, consulting, or otherwise working in concert with Andy Butler, Harmon Butler, or Code Blue, LLC in any way that would violate the injunctions pertaining to them; To that end, Wilson cannot consult, assist, or cooperate with the Butlers regarding work in the livestock haircare industry until 3/19/2023, which is three years from the date of this Order; He is similarly ENJOINED and RESTRAINED from using his shares, ownership, or control over Code Blue, LLC to distribute or market products in the livestock haircare industry permanently; 6) Willful violation of this Order and Permanent Injunction or any other of this Court's orders may subject any person who commits such an act to criminal or civil prosecution for contempt of this Court; Any violation of this Order and Permanent Injunction will result in immediate issuance of an order to show cause for service on the violator, who after appropriate hearings and findings, will be dealt with according to the sanctions provided by law; 7) This Court shall retain jurisdiction of this action for all purposes, including without limitation, all proceedings involving the enforcement of this Order and Permanent Injunction; DIRECTING the Clerk to enter this document on the civil docket as a Final Judgment pursuant to Rule 58 of the FRCP. Signed by Honorable Judge Andrew L. Brasher on 3/19/2020. (Attachments: #1 Civil Appeals Checklist)(amf, )
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Filing 168
ORDER granting #98 Motion for Attorney's Fees and Expenses, as further set out in order. Signed by Honorable Judge Andrew L. Brasher on 3/19/2020. (amf, )
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Filing 167
MEMORANDUM OPINION AND ORDER: the #162 Motion for Permanent Injunction and the #166 Motion for Entry of Final Judgment are GRANTED; Dfts Andy Butler, Harmon Butler, Chris Wilson, and Code Blue, LLC are accordingly ENJOINED and RESTRAINED as further set out in the Final Judgment and Injunction entered this date. Signed by Honorable Judge Andrew L. Brasher on 3/19/2020.(amf, )
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Filing 166
MOTION for Entry of Final Judgment by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 165
REPLY BRIEF in Support re #162 MOTION for Permanent Injunction filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 164
RESPONSE in Opposition re #162 MOTION for Permanent Injunction filed by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Ott, Ann) (Additional attachment(s) added on 3/10/2020: #1 Corrected Certificate of Service) (amf, ). Modified on 4/6/2020 to remove Stacy J. Wilson as filer, selected in error. (dmn, )
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Filing 163
BRIEF/MEMORANDUM in Support re #162 MOTION for Permanent Injunction filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 162
MOTION for Permanent Injunction by ShowCoat Solutions, LLC. (Attachments: #1 Text of Proposed Order Ex. A Proposed Order)(Hargrove, Travis)
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Filing 161
JUROR QUESTIONNAIRE CERTIFICATION received 1/21/20 from Ann Ashton Holmes Ott on behalf of Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (dh)
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Filing 160
JUROR QUESTIONNAIRE CERTIFICATION received 1/21/20 from Travis Carlisle Hargrove on behalf of ShowCoat Solutions, LLC. (dh)
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Filing 158
JURY VERDICT. (dh)
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Filing 157
Jury Note 1. (dh)
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Filing 156
Court's Final Jury Instructions. (dh)
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Filing 155
BRIEFING ORDER: After the jury returned a verdict in this case on January 24, 2020, Plaintiff ShowCoat Solutions, LLC made an oral motion for a permanent injunction. Plaintiff is DIRECTED to file a written motion and a brief in support of its motion no later than February 17, 2020. At a minimum,Plaintiffs brief should address (1) authorities that support the issuance of a permanent injunction, (2) the appropriate parties subject to the injunction,and (3) the appropriate scope of the injunction. Plaintiffs brief should also include a proposed order. Defendants Andy Butler, Harmon Butler, Chris Wilson, and Code Blue, LLC will have 21 days to file a brief in response to the motion and the proposed order. Plaintiff may file a reply within 10 days Signed by Honorable Judge Andrew L. Brasher on 1/27/2020. (dmn, )
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Filing 159
Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher: Jury Trial completed on 1/24/2020 (PDF available for court use only). (Court Reporter Blanton Callen.) (Attachments: #1 Witness List, #2 Plaintiff's Exhibit List, #3 Defendants' Exhibit List) (dh)
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ORAL MOTION to Withdraw Defendants' pre-admitted trial exhibits 56 and 57 by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (dh)
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ORAL ORDER granting Defendants' oral Motion to Withdraw pre-admitted trial exhibits 56 and 57. Entered by Honorable Judge Andrew L. Brasher on 1/24/20. (dh)
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Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher. Jury Trial continued on 1/23/2020 (NO PDF attached, see final minute entry). (Court Reporter Blanton Callen.) (dh)
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ORAL ORDER denying oral Motion for Directed Verdict of the Amended Complaint as to counts 1, 2, 3, 5, 6, 7, 10, 11, 15, 16 and 17 and dismissing counts 4, 8 and 12 upon request by Plaintiff to voluntarily dismiss as to Defendants. Entered by Honorable Judge Andrew L. Brasher on 1/23/20. (dh)
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ORAL MOTION for Directed Verdict on counts 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 15, 16 and 17 of the Amended Complaint by Andy Butler, Harmon Butler, Code Blue, LLC, and Chris Wilson. (dh)
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ORAL ORDER denying oral Motion for Directed Verdict of the Counterclaim as to counts 1, 4 and 5 and dismissing counts 2 and 3 of the Counterclaim upon request of the Defendants to voluntarily dismiss as to Plaintiff. Entered by Honorable Judge Andrew L. Brasher on 1/23/20. (dh)
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ORAL MOTION for Directed Verdict as to counts 1, 2, 3, 4 and 5 of the counterclaim by ShowCoat Solutions, LLC. (dh)
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*** Attorney Stephan Alan Ray representing Stacy J. Miller terminated pursuant to Oral Order entered 1/22/2020. (dmn, )
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Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher. Jury Trial continued on 1/22/2020 (NO PDF attached, see final minute entry). (Court Reporter Blanton Callen.) (dh)
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ORAL ORDER denying as moot #153 Motion to Quash. Entered by Honorable Judge Andrew L. Brasher on 1/22/20. (dh)
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ORAL MOTION to Withdraw, with prejudice, Count 2 Defamation/Defamation per se to #45 Counterclaim by Andy Butler. (dh)
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ORAL ORDER granting, with prejudice, oral Motion to Withdraw Count 2 Defamation/Defamation per se to #45 Counterclaim by Andy Butler. Count 2 of counterclaim dismissed as to Defendant Andy Butler. Entered by Honorable Judge Andrew L. Brasher on 1/21/20. (dh)
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Filing 154
Updated Exhibit List by ShowCoat Solutions, LLC.. (Hargrove, Travis)
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Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher: Jury Selection and Jury Trial begun on 1/21/2020 (NO PDF attached, see final minute entry). . (Court Reporter Blanton Callen.) (dh)
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ORAL ORDER granting Oral Motion to Seal Plaintiff's Exhibits 47-50. Entered by Honorable Judge Andrew L. Brasher on 1/21/20. (dh)
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ORAL MOTION to Seal Plaintiff's Exhibits 47-50 (formula notebooks) (Plaintiff's former Exhibits 23-26) by ShowCoat Solutions, LLC. (dh)
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Filing 153
MOTION to Quash or Modify Subpoena by Stacy J. Miller. (Ray, Stephan) Modified on 1/21/2020 to reflect actual title. (dmn, )
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Filing 152
ORDER: Because of the court's crowded docket and the need to try two cases simultaneously in the Southern Division of the Middle District of Alabama, it is ORDERED that the trial of this case is set to commence on January 21, 2020 in Room 203 of the Houston County Courthouse, 14 N Oates St, Dothan, AL 36301. The jury will be qualified in the federal courthouse in Dothan and then struck in the Houston County Courthouse, at which point the trial will proceed in Room203. It is further ORDERED that Room 203 of the Houston County Courthouse be designated as a federal facility beginning on January 21, 2020 and continuing until the end of trial. The Clerk of Court and the United States Marshal are DIRECTED to take all necessary steps to assist the court in conducting the proceedings in an orderly and secure manner. Signed by Honorable Judge Andrew L. Brasher on 1/17/2020. Furnished Calendar Group, Clerk of Court, US Marshal.(dmn, )
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Filing 151
ORDER: Under the Court's #113 Pretrial Order, the parties were ordered to submit a proposed spoliation instruction regarding the destruction of Defendant Harmon Butler's cell phone in violation of the #19 Interlocutory Injunction. The parties disputed what the spoliation instruction should contain and submitted proposed instructions. (Docs. #125 , #127 ). Defendants disputed whether a spoliation instruction was even necessary because Harmon already admitted taking photos of the formulas and showing them to Andy. (Doc. #127 at 1). He only denies sending them electronically. (Doc. #127 at 2). Defendants also note that no efforts were made to examine the phones to which the pictures were allegedly sent. (Doc. #127 at 2). As part of the Report and Recommendation submitted on this issue the Magistrate Judge found that "[t]he clear and convincing evidence presented by Plaintiff shows that Defendant Andy Butler knew that his son, Harmon Butler, was 'trading in' his cell phone, which was used by Harmon Butler to take pictures of Plaintiffs formulas." (Doc. #82 at 10). Based on the parties proposed instructions, and taking into account the Magistrate Judges findings, the Court intends to instruct the jury as follows at the close of the case as further set out in the order. This instruction accurately describes what occurred and imposes a proportional sanction for violating the Courts injunction. Although Defendants have already admitted to most of the conduct subject to an adverse inference, Defendants still violated an order of this Court. The above instruction adequately reflects Defendants' failure to obey the Courts orders while accounting for the context. Moreover, the Court expects that this instruction will eliminate the need to present extensive evidence to the jury about the Courts prior order and Defendants' actions in discovery so that the trial can focus on contested issues that have not already been subject to an evidentiary hearing and fact-findings by a Magistrate Judge. Signed by Honorable Judge Andrew L. Brasher on 1/17/2020. (dmn, )
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Filing 150
NOTICE of Non-Compliance re Notices of Filing Depositions (Docs. #137 , #138 , #139 , #140 , #141 , #142 , #143 , #144 , #145 , #146 , #147 ). The referenced documents are discovery and are not allowed pursuant to Local Rule 26.3 Non-Filing of Civil Discovery. The documents are hereby STRICKEN from the record and the parties are instructed to disregard the entry of these documents on the court docket. (Attachments: #1 Local Rule 26.3 Non-Filing of Civil Discovery)(dmn, )
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Filing 149
Proposed Voir Dire by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 148
Proposed Requested Voir Dire by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Hall, Harry) Modified on 1/17/2020 to reflect actual title. (dmn, )
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Filing 147
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Chris Wilson (Attachments: #1 Exhibit Deposition of Chris Wilson)(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 146
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Carolyn Wilson (Attachments: #1 Exhibit Deposition of Carolyn Wilson)(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 145
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Carol Korte (Attachments: #1 Exhibit Deposition of Carol Korte)(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 144
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Kellie Folger (Vol. 2) (Attachments: #1 Exhibit Deposition of Kellie Folger (Vol. 2))(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 143
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Kellie Folger (Vol. 1) (Attachments: #1 Exhibit Deposition of Kellie Folger (Vol. 1))(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 142
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Chad Folger (Vol. 2) (Attachments: #1 Exhibit Deposition of Chad Folger (Vol. 2))(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 141
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Chad Folger (Vol. 1) (Attachments: #1 Exhibit Deposition of Chad Folger (Vol. 1))(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 140
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Harmon Butler (Attachments: #1 Exhibit Deposition of Harmon Butler)(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 139
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Donna Sneed Butler (Attachments: #1 Exhibit Deposition of Donna Sneed Butler)(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 138
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Andy Butler (Attachments: #1 Exhibit Deposition of Andy Butler)(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 137
[STRICKEN FROM THE RECORD. THIS DOCUMENT IS DISCOVERY AND IS NOT ALLOWED PURSUANT TO LR 26.3 NON-FILING OF CIVIL DISCOVERY.] NOTICE by ShowCoat Solutions, LLC of Filing Deposition of Tim Blackmon (Attachments: #1 Exhibit Deposition of Tim Blackmon)(Hargrove, Travis) Modified on 1/17/2020 (dmn, ).
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Filing 136
ORDER: In light of the reasoning as further set out in the order and as stated at the hearing on 1/15/2020, the Court orders the following: 1. Plaintiff's #124 Motion in Limine is GRANTED. 2. Plaintiff's objections to Defendants' Exhibits 12 and 15 (Doc. #115 ) are SUSTAINED to the extent these exhibits reflect the draft partnership agreement that formed the basis of Miller's claims in Miller et al v. Folger et al, 1:16-cv-47 (MD. Ga.). Signed by Honorable Judge Andrew L. Brasher on 1/16/2020. (dmn, )
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Filing 135
Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher: Telephone Conference/Motion Hearing held on 1/15/2020 re #124 MOTION in Limine filed by ShowCoat Solutions, LLC (PDF available for court use only). (Recording Time 2:32-3:40.) (dh)
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Filing 134
SUPPLEMENTAL Proposed Requested Charge by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 1/15/2020 to reflect actual title. (dmn, )
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Filing 133
JOINT Proposed Requests to Charge by ShowCoat Solutions, LLC, Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Miller, Abigail) Modified on 1/15/2020 to reflect actual title and include additional filers. (dmn, )
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Filing 132
TEXT ORDER terminating #129 Consent Motion to Amend/Correct #113 Pretrial Order, pursuant to the Text Order entered 1/13/2020 (Doc. 130 ). Signed by Honorable Judge Andrew L. Brasher on 1/14/2020. (dmn, ) (NO PDF)
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Filing 131
RESPONSE in Opposition re #124 MOTION in Limine filed by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Ott, Ann)
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Filing 130
TEXT ORDER amending #113 Pretrial Order as follows: By 1/14/2020, the parties shall file a single, joint proposed jury charge. Signed by Honorable Judge Andrew L. Brasher on 1/13/2020. (dmn, ) (NO PDF)
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Filing 129
Consent MOTION to Amend/Correct #113 Pretrial Order, by ShowCoat Solutions, LLC, Chris Wilson, Code Blue, LLC, Harmon Butler, Andy Butler. (Hargrove, Travis) Modified on 1/13/2020 to clean up text and include additional filers. (dmn, )
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Filing 128
NOTICE of Appearance by Harry Preston Hall, II on behalf of Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson (Hall, Harry)
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Filing 127
[THIS IS A RESPONSE. WRONG EVENT CODE SELECTED, SEE CORRECTED DOCKET ENTRY.] Proposed Jury Instructions by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ott, Ann) Modified on 1/13/2020 (dmn, ).
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RESPONSE to Plaintiff's #125 Proposed Spoliation Instruction by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (dmn, ) (NO PDF, see Doc. #127 for pdf. Wrong event code selected when originally filed.)
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Filing 126
TEXT ORDER setting setting a telephone status conference and motions hearing for Wednesday, 1/15/2020 at 2:30 PM; Call-in details will be provided by email. Signed by Honorable Judge Andrew L. Brasher on 1/8/2020. (No PDF attached to this entry) (Furnished: Calendar & DH) (amf, )
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Filing 125
Proposed Spoliation Instruction by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 1/10/2020 to reflect actual title. (dmn, )
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Filing 124
MOTION in Limine by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 123
NOTICE OF JURY LIST AND JURORS' PROFILES for Jury Selection and Trial commencing on 1/21/20. (Attachments: #1 Juror Questionnaire Certification)(dh)
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RESPONSE to #115 Objections by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (No PDF attached to this entry - See doc #119 for PDF) (amf, )
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RESPONSE to #114 Counter-Designations by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (No PDF attached to this entry - See doc #118 for PDF) (amf, )
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RESPONSE to #116 Objections by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (No PDF attached to this entry - See doc #120 for PDF) (amf, )
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RESPONSE to #111 Objections by ShowCoat Solutions, LLC. (No PDF attached to this entry - See doc #121 for PDF) (amf, )
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RESPONSE to #110 Objections by ShowCoat Solutions, LLC. (No PDF attached to this entry - See doc #122 for PDF) (amf, )
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Filing 122
(Response to Defendants' Objections to Plaintiff's Exhibit List) Exhibit List by ShowCoat Solutions, LLC.. (Hargrove, Travis) Modified on 12/30/2019 to clarify the docket text (amf, ).
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Filing 121
(Response to Defendants' Objections to Plaintiff's Deposition Designations) Deposition Designations by ShowCoat Solutions, LLC.. (Hargrove, Travis) Modified on 12/30/2019 to clarify the docket text (amf, ).
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Filing 120
(Response to Plaintiff's Objections to Defendants' Proposed Witnesses) Witness List by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Ott, Ann) Modified on 12/30/2019 to clarify the docket text (amf, ).
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Filing 119
(Response to Plaintiff's Objections to Defendants' Proposed Exhibits) Exhibit List by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson.. (Ott, Ann) Modified on 12/30/2019 to clarify the docket text (amf, ).
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Filing 118
(Response to Plaintiff's Counter-Designations) Deposition Designations by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson.. (Ott, Ann) Modified on 12/30/2019 to clarify the docket text (amf, ).
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Filing 117
TEXT ORDER granting #109 Motion for Abigail W. Miller to Appear Pro Hac Vice. Signed by Honorable Judge Andrew L. Brasher on 12/26/2019. (dmn, ) (NO PDF)
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Filing 116
Objection to re #102 Witness List filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 115
Objection to re #101 Exhibit List filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 114
Objections and Counter-Designations to Defendants' #100 Deposition Designations filed by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 12/27/2019 to reflect actual title. (dmn, )
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Filing 113
PRETRIAL ORDER: A pretrial conference was held in this case on 12/19/2019, where the following proceedings were held and actions taken: The parties are not required to file trial briefs, but if they wish to do so, their trial briefs shall be filed no later than 1/13/2020. The parties shall file motions in limine fully briefed together with citations of law thereon, on or before 1/6/2020, unless said time is shortened by the court on motion of either party. Objections to motions in limine, fully briefed, must be filed on or before 1/13/2020. The parties shall file any requested voir dire questions by 1/16/2020. Defendants were previously directed to attempt to recover the contents of a cell phone. If no satisfactory report on the phone contents has been provided to Plaintiff, Plaintiff will file a proposed spoliation instruction by 1/6/2020. Defendant's response, if any, is due by 1/10/2020. By 1/13/2020, the parties shall file a single, joint proposed jury charge as further set out in the order. Jury Trial scheduled for 1/21/2020 in Dothan, AL before Honorable Judge Andrew L. Brasher, with Jury Selection to begin at 9:00 AM that same day. The trial is expected to take approximately three days. Signed by Honorable Judge Andrew L. Brasher on 12/23/2019. Copies furnished to calendar group, DH. (dmn, )
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Filing 112
NOTICE of Correction re #109 Motion to Appear Pro Hac Vice. This notice has been docketed to enter the certificate of good standing pdf to the referenced document into the record. The certificate was omitted when originally docketed. The certificate of good standing pdf is attached to this notice. (Attachments: #1 Certificate of Good Standing)(dmn, )
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Filing 111
Objections to Plaintiff's Proposed Depositions Designations (Doc. #107 -4) by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Ott, Ann) Modified on 12/27/2019 to create link, clean up text; wrong event code selected when filed. (dmn, )
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Filing 110
Objections to Plaintiff's Proposed Exhibits (Doc. #107 -5) by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Ott, Ann) Modified on 12/27/2019 to create link and clean up text, wrong event code selected when originally filed. (dmn, )
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Filing 109
Motion for Abigail W. Miller to Appear Pro Hac Vice (Filing fee $ 75.00 receipt number 4602056078.) by ShowCoat Solutions, LLC. (Attachments: #1 Pro Hac Vice Filing Fee Receipt)(dmn, ) (Additional attachment(s) added on 12/23/2019: #2 Certificate of Good Standing) (dmn, ). Modified on 12/23/2019 to include certificate of good standing; omitted in error at time of docketing. (dmn, )
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Filing 108
Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher: Pretrial Conference held on 12/19/2019 (PDF available for court use only). (Court Reporter Blanton Callen.) (dh)
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Filing 107
NOTICE of Correction re #98 PETITION for Attorney's Fees and Expenses, #99 REPORT Pertaining to Spoliation of Evidence #103 Deposition Designations, #104 Exhibit List, #105 Witness List, to attach corrected PDF documents to properly reflect the initials of the Presiding Judge in the case number as "ALB" and not "WKW". (Attachments: #1 Main PDF to Document #98 , #2 Attachment PDF to Document #98 , #3 Main PDF to Document #99 , #4 Main PDF to Document #103 , #5 Main PDF to Document #104 , #6 Main PDF to Document #105 )(amf, )
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Filing 106
TEXT ORDER: At the upcoming pretrial conference, the parties should be prepared to discuss Doc. #98 and Doc. #99 in addition to the usual issues for a pretrial conference. Signed by Honorable Judge Andrew L. Brasher on 12/16/2019. (dmn, ) (no pdf)
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Filing 105
Witness List by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit Additional witnesses)(Hargrove, Travis) (Main Document 105 replaced on 12/16/2019 to attach a corrected PDF document to properly reflect the initials of the Presiding Judge in the case number as "ALB" and not "WKW") (amf, ). Modified on 12/16/2019 (amf, )
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Filing 104
Exhibit List by ShowCoat Solutions, LLC.. (Hargrove, Travis) (Main Document 104 replaced on 12/16/2019 to attach a corrected PDF document to properly reflect the initials of the Presiding Judge in the case number as "ALB" and not "WKW") (amf, ). Modified on 12/16/2019 (amf, ).
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Filing 103
Deposition Designations by ShowCoat Solutions, LLC.. (Hargrove, Travis) (Main Document 103 replaced on 12/16/2019 to attach a corrected PDF document to properly reflect the initials of the Presiding Judge in the case number as "ALB" and not "WKW") (amf, ). Modified on 12/16/2019 (amf, ).
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Filing 102
Witness List by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Ott, Ann)
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Filing 101
Exhibit List by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson.. (Ott, Ann)
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Filing 100
Deposition Designations by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson.. (Ott, Ann)
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Filing 99
(REPORT Pertaining to Spoliation of Evidence) Response to Order re #90 Order by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 12/16/2019 to clarify the docket text (amf, ). (Main Document 99 replaced on 12/16/2019 to attach a corrected PDF document to properly reflect the initials of the Presiding Judge in the case number as "ALB" and not "WKW") (amf, ). Modified on 12/16/2019 (amf, ).
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MOTION (PETITION) for Attorney's Fees and Expenses by ShowCoat Solutions, LLC. (No PDF attached to this entry - See doc #98 for PDF) (amf, )
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Filing 98
(PETITION for Attorney's Fees and Expenses) Response to Order re #90 Order by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit Statement of Fees and Expenses)(Hargrove, Travis) Modified on 12/16/2019 to clarify the docket text (amf, ). (Main Document 98 & Attachment 1 replaced on 12/16/2019 to attach corrected PDF documents to properly reflect the initials of the Presiding Judge in the case number as "ALB" and not "WKW") (amf, ). Modified on 12/16/2019 (amf, ).
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Filing 97
TEXT ORDER amending #27 Scheduling order as follows: Pretrial disclosures due 12/9/2019, any objections to the pretrial disclosures due 12/23/2019, reply due 12/30/2019. The Jury Trial reset for 1/21/2020 at 10:00 AM in Dothan, Alabama before Honorable Judge Andrew L. Brasher. Signed by Honorable Judge Andrew L. Brasher on 11/7/2019. Furnished calendar group, DH. (Deadline terminated: Jury Trial set for 2/3/2020.)(dmn, ) (NO PDF)
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Filing 96
Minute Entry for proceedings held before Honorable Judge Andrew L. Brasher. Telephone Conference held on 10/30/2019 (NO PDF available). (Recording Time 10:02-10:18.) (dh)
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Filing 95
TEXT ORDER granting #94 Motion to Amend #27 Scheduling Order. New deadlines will be discussed during the forthcoming telephone status conference. Signed by Honorable Judge Andrew L. Brasher on 10/21/2019. (dmn, ) (NO PDF)
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Filing 94
Consent MOTION to Amend/Correct #27 Scheduling Order, by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 93
TEXT ORDER: Telephone Conference Call set for Wednesday, 10/30/2019 at 10:00 AM before Honorable Judge Andrew L. Brasher. Signed by Honorable Judge Andrew L. Brasher on 10/21/2019. Furnished calendar group, DH.(dmn, ) (NO PDF)
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Filing 92
JOINT STATUS REPORT by ShowCoat Solutions, LLC, Chris Wilson, Code Blue, LLC, Harmon Butler, Andy Butler. (Hargrove, Travis) Modified on 8/28/2019 to include additional filers. (dmn, )
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Filing 91
TEXT ORDER: The parties are DIRECTED to file a joint status report by August 27, 2019. Signed by Honorable Judge Andrew L. Brasher on 8/13/2019. (no pdf document attached to this entry)(kh, )
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Filing 90
ORDER: Upon consideration de novo of all the materials, including the report andrecommendation, the #82 report is ADOPTED and the #82 recommendation is ACCEPTED. Consequently, Plaintiff's #30 Motion for Contempt is GRANTED in part and DENIED in part, and Butler's 38 Counter Motion for Contempt is DENIED, as stated in the report and recommendation. Plaintiff ShowCoat is DIRECTED to file as soon as practicable but not later than December 5, 2019 an expert statement, declaration, or report pertaining to unrecoverable evidence from the cell phone that may warrant an adverse inference under the report and recommendation. Plaintiff ShowCoat is also DIRECTED to file as soon as practicable but not later than December 5, 2019, a petition for attorney's fees and costs reasonably incurred: (1) hiring an expert to recover the information from the cell phone; and/or (2) filing Plaintiffs supplement to its Motion for Contempt. Signed by Honorable Judge Andrew L. Brasher on 8/5/2019. (kh, )
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Filing 89
ORDER: Upon consideration de novo of all the materials, including the report and recommendation and the parties' objections and response, the report is ADOPTED and the recommendation is ACCEPTED. Consequently, Plaintiff's #62 Emergency Motion for Immediate Hearing and Expanded Interlocutory Relief is DENIED as stated in the report and recommendation. Signed by Honorable Judge Andrew L. Brasher on 8/5/2019. (kh, )
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Filing 88
REPLY to Plaintiff's #86 Objections to #80 Recommendation of the Magistrate Judge, filed by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Ott, Ann) Modified on 7/2/2019 to clean up text. (dmn, )
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Filing 87
RESPONSE in Support re #82 REPORT AND RECOMMENDATIONS re 38 MOTION for Contempt re #37 Response in Opposition to Motion filed by Chris Wilson, Andy Butler, Harmon Butler, #30 MOTION for Contempt filed by ShowCoat Solutions, LLC, #80 REPORT AND RECOMMENDATIONS re MOTION for Expanded Interlocutory Relief filed by ShowCoat Solutions, LLC, #62 Emergency MOTION for Immediate Hearing and and Expanded Interlocutory Relief filed by ShowCoat Solutions, LLC filed by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Ott, Ann)
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Filing 86
Objection to re #80 REPORT AND RECOMMENDATIONS re MOTION for Expanded Interlocutory Relief filed by ShowCoat Solutions, LLC, #62 Emergency MOTION for Immediate Hearing and and Expanded Interlocutory Relief filed by ShowCoat Solutions, LLC filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 85
TEXT ORDER: It is ORDERED that the Parties #84 Consent Motion to Amend #27 Scheduling Order is GRANTED. The following sections of the Uniform Scheduling Order are amended: Discovery due 7/12/2019; Dispositive Motions due by 7/15/2019. Signed by Honorable Judge Andrew L. Brasher on 6/18/2019. (dmn, ) (NO PDF)
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Filing 84
Consent MOTION to Amend #27 Scheduling Order, by ShowCoat Solutions, LLC, Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson. (Hargrove, Travis) Modified on 6/18/2019 to include additional filers. (dmn, )
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Filing 83
Defendants' ANSWER to #76 Amended Complaint by Andy Butler, Harmon Butler, Code Blue, LLC, Chris Wilson.(Ott, Ann)
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Filing 82
RECOMMENDATION OF THE MAGISTRATE JUDGE: Pending before the Court is Plaintiffs Motion for Contempt (Doc. #30 ), Defendants Counter Motion for Contempt (Doc. 38 ), and Plaintiffs Supplemental Brief in Support of Motion for Contempt (Doc. #61 ). On 5/8/2019, the undersigned Magistrate Judge held a hearing on the motions. It is the RECOMMENDATION of the undersigned that Plaintiff's Motion for Contempt (Doc. #30 ), as supplemented, be GRANTED in part and DENIED in part. Specifically, the undersigned RECOMMENDS that Plaintiff's Motion be DENIED as it relates to Defendants' social media postings and GRANTED as to the spoliation of evidence. Additionally, it is the RECOMMENDATION of the undersigned that Defendants' Counter Motion for Contempt (Doc. 38 ) be DENIED. Objections to R&R due by 6/21/2019. Signed by Honorable Judge Stephen Michael Doyle on 6/7/2019. (dmn, )
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Filing 81
TEXT ORDER: On May 8, 2019, the undersigned held a hearing regarding Plaintiff's Motion for Expanded Interlocutory Relief (Doc. #62 ). Although the undersigned did not explicitly grant Plaintiff's Motion for Immediate Hearing (Doc. #62 ) regarding expanded interlocutory relief, the Motion was granted implicitly, as Plaintiff's request was granted and a hearing was held. Accordingly, it is ORDERED that Plaintiff's Motion for Immediate Hearing is GRANTED. Signed by Honorable Judge Stephen Michael Doyle on 6/7/2019. (dmn, ) (NO PDF)
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Filing 80
RECOMMENDATION OF THE MAGISTRATE JUDGE: Pending before the Court is Plaintiff's #62 Emergency Motion for Immediate Hearing and Expanded Interlocutory Relief (Doc. #62 ). On 5/8/2019, the undersigned Magistrate Judge held a hearing on the motion. It is the RECOMMENDATION of the undersigned Magistrate Judge that Plaintiff's Motion for Expanded Interlocutory Relief (Doc. #62 ) be DENIED. Objections to R&R due by 6/21/2019. Signed by Honorable Judge Stephen Michael Doyle on 6/7/2019. (dmn, )
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Filing 79
Notice of Mediation and Settlement Conference by ShowCoat Solutions, LLC (Hargrove, Travis)
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Filing 78
WAIVER OF SERVICE Returned Executed by ShowCoat Solutions, LLC. Code Blue, LLC waiver sent on 5/24/2019, answer due 7/23/2019. (Hargrove, Travis)
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***Attorney Ann Ashton Holmes Ott added for Code Blue, LLC. (dmn, ) (see Doc. #78 for pdf)
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Filing 77
TEXT ORDER: The Scheduling Order in this matter is Amended as follows: An on-the-record Pretrial Conference is scheduled for 12/19/2019 at 09:00 AM in CR 2E in Montgomery, AL before Honorable Judge Andrew L. Brasher. This cause is set for Jury Trial during the term of court commencing on 2/3/2020 in Dothan, AL, with Jury Selection to begin at 10:00 AM before Honorable Judge Andrew L. Brasher. Signed by Honorable Judge Andrew L. Brasher on 6/3/2019. Furnished calendar group, DH. (dmn, ) (Deadlines terminated: PTC set for 10/3/2019; Jury Trial set for 12/2/2019) (NO PDF) Modified on 6/6/2019 to include terminated deadline text. (dmn, )
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Filing 76
AMENDED COMPLAINT and Application for Temporary Restraining Order and Permanent Injunction against All Defendants, filed by ShowCoat Solutions, LLC.(Hargrove, Travis)
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Filing 75
ORDER: This matter comes before the court on Plaintiff's #52 Motion to Correct/Amend Complaint. Upon consideration, the motion is GRANTED, and it is ORDERED that Plaintiff file the Corrected/Amended Complaint by 5/24/2019. Signed by Honorable Judge Andrew L. Brasher on 5/17/2019. (dmn, )
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Filing 74
Case reassigned to Honorable Judge Andrew L. Brasher. Honorable Judge William Keith Watkins no longer assigned to the case, as presiding judge. (djy, )
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RESPONSE TO #72 ORDER TO SHOW CAUSE by Andy Butler, Harmon Butler, Chris Wilson. (dmn, ) (No pdf, see Doc. #73 for pdf. Wrong event code selected when originally filed.)
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Filing 73
RESPONSE to Motion re #52 MOTION to Amend/Correct #1 Complaint, filed by Andy Butler, Harmon Butler, Chris Wilson. (Ott, Ann)
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Filing 72
ORDER: On 3/14/2019, the court ordered Defendants to respond to Plaintiff's motion to amend the complaint (Doc. #52 ) no later than 3/28/2019. See Text Order (Doc. 53 ). Defendants did not do so. Accordingly, it is ORDERED that Defendants SHOW CAUSE why they failed to respond as required by the court's 3/14/2019 order no later than 5/21/2019. Signed by Honorable Judge William Keith Watkins on 5/14/2019. (dmn, )
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Filing 71
AMENDED SCHEDULING ORDER: It is ORDERED that the parties' #65 Joint Motion to Amend the court's Scheduling Order is GRANTED and that the following sections of the #27 Uniform Scheduling Order, #39 Amended Scheduling Order, and #49 Second Amended Scheduling Order are amended as further set out in the order. Discovery due by 6/7/2019. Motions due by 6/12/2019. Mediation Notice due by 6/8/2019. It is further ORDERED that the remaining terms of the #27 Uniform Scheduling Order, #39 Amended Scheduling Order, and #49 Second Amended Scheduling Order remain in effect. Signed by Honorable Judge William Keith Watkins on 5/13/2019. (dmn, )
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Filing 70
Notice of Mediation and Settlement Conference by ShowCoat Solutions, LLC (Hargrove, Travis)
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Filing 69
Minute Entry Motion Hearing re: #30 Motion for Contempt and #62 Emergency Motion for Immediate hearing and Expanded Interlocutory Relief held before Honorable Judge Stephen Michael Doyle (PDF available for court use only). (Court Reporter FTR.) (Attachments: #1 Witness List, #2 Defendant's Exhibit List, #3 Plaintiff's Exhibits, #4 Plaintiff's SEALED EXHIBITS) (cb, )
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Filing 68
REPLY BRIEF in Support re #62 Emergency MOTION for Immediate Hearing and and Expanded Interlocutory Relief filed by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A - Photos of Labels)(Hargrove, Travis)
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Filing 67
OPPOSITION re #62 Emergency MOTION for Immediate Hearing and Expanded Interlocutory Relief filed by Andy Butler, Harmon Butler, Chris Wilson. (Ott, Ann)
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Filing 66
ORDER: Upon consideration of Defendants' #56 Motion to Continue Trial and Plaintiff's #59 Response, it is ORDERED that Defendants' motion is DENIED without prejudice, as premature. The trial remains set for 12/2/2019. Signed by Honorable Judge William Keith Watkins on 5/1/2019. (dmn, )
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Filing 65
Consent MOTION to Amend/Correct #49 Scheduling Order,,, Terminate Motions,, #27 Scheduling Order,, #39 Scheduling Order,, Terminate Motions, by ShowCoat Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Hargrove, Travis)
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Filing 64
ORDER directing Defendants to SHOW CAUSE, if any there be, why the Plaintiff's #62 Emergency Motion for Immediate Hearing and Expanded Interlocutory Relief should not be granted. Plaintiff may reply on or before 5/7/2019. Further, it is ORDERED that a hearing on the matter is set for 5/8/2019 at 1:00 PM in Courtroom 4B in Montgomery, AL before Honorable Judge Stephen Michael Doyle. This matter will be heard in conjunction with the matters already set before the undersigned at that time. See (Doc. #60 ). Signed by Honorable Judge Stephen Michael Doyle on 4/26/2019. (Furnished: calendar, All CRDs)(dmn, )
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Filing 63
ORDER: It is ORDERED that under 28 U.S.C. 636, Plaintiff's #62 Emergency Motion for Immediate Hearing and Expanded Interlocutory Relief is REFERRED to the United States Magistrate Judge for further proceedings and determination or recommendation as may be appropriate. Plaintiff's motion touches on many of the same issues contained in the motion and counter-motion for contempt (Docs. #30 , #37 ) set for a hearing before the Magistrate Judge on 5/8/2019. Signed by Honorable Judge William Keith Watkins on 4/26/2019. (dmn, )
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MOTION for Expanded Interlocutory Relief by ShowCoat Solutions, LLC. (dmn, ) (NO PDF, see Doc. #62 for pdf.)
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Filing 62
Emergency MOTION for Immediate Hearing and and Expanded Interlocutory Relief by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit Brief in Support, #2 Exhibit A - Label Invoices)(Hargrove, Travis) Modified on 4/26/2019 to reflect proper event type. (dmn, )
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Filing 61
Supplemental BRIEF in Support re #30 MOTION for Contempt filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 60
ORDER re #30 MOTION for Contempt & #37 Counter MOTION for Contempt: it is ORDERED that a hearing on the matters is set before the undersigned Magistrate Judge for 5/8/2019, at 1:00 PM, in Courtroom 4B. Signed by Honorable Judge Stephen Michael Doyle on 4/25/2019. (Furnished: Calendar, CB, KF, AG, WR, WS, & JT) (alm, )
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Filing 59
RESPONSE to Motion re #56 MOTION to Continue Trial filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 58
ORDER (with attached Nondisclosure Agreement (Exhibit A)): Upon consideration of the parties' Stipulated Confidentiality Agreement and Protective Order, it is ORDERED as follows as further set out in the order. Signed by Honorable Judge Stephen Michael Doyle on 4/19/2019. (dmn, )
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Filing 57
TEXT ORDER: Upon consideration of Defendant's #56 Motion to Continue Trial, it is ORDERED that Plaintiff is directed to respond to the motion on or before 4/19/2019. Signed by Honorable Judge William Keith Watkins on 4/12/2019. (dmn, ) (NO PDF)
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Filing 56
MOTION to Continue Trial by Andy Butler, Harmon Butler, Chris Wilson. (Attachments: #1 Exhibit A)(Ott, Ann)
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Filing 55
(Stipulated Confidentiality Agreement and Protective Order) Joint MOTION for Protective Order by ShowCoat Solutions, LLC, Andy Butler, Harmon Butler, Chris Wilson. (Attachments: #1 Exhibit Non-Disclosure Agreement)(Hargrove, Travis) Modified on 4/3/2019 to clarify the docket text & to add as also filed on behalf of the Dfts (alm, ).
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Filing 54
ANSWER to #45 Counterclaim by ShowCoat Solutions, LLC.(Hargrove, Travis)
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Filing 53
TEXT ORDER: Dfts are DIRECTED to respond to the #52 motion to file amended complaint on or before 3/28/19; Plf may file a reply, if any, no later than 7 days after the filing of Dfts' response. Signed by Honorable Judge William Keith Watkins on 3/14/2019. (No pdf attached to this entry)(alm, )
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Filing 52
MOTION to Amend/Correct #1 Complaint, by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit Brief in Support, #2 Exhibit (Proposed) Amended Complaint and Application for Temporary Restraining Order and Permanent Injunction)(Hargrove, Travis)
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Filing 51
ORDER granting #44 Motion to File First Amended Answer and Counterclaims. Signed by Honorable Judge William Keith Watkins on 2/28/2019. (wcl, )
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Filing 50
RESPONSE to Motion re #44 MOTION for Leave to File First Amended Complaint with Counterclaims filed by ShowCoat Solutions, LLC. (Hargrove, Travis)
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Filing 49
SECOND AMENDED SCHEDULING ORDER: it is ORDERED that the #48 consent motion to amend scheduling order is GRANTED and that the following sections of the #27 Uniform Scheduling Order and #39 Amended Scheduling Order are amended: Amended Pleadings due by 3/13/2019; Discovery due by 5/4/2019; Mediation Notice due by 5/9/2019; Dispositive and Daubert Motions due by 5/28/2019, as further set out in order; further ORDERED that the remaining terms of the #27 Uniform Scheduling Order and #39 Amended Scheduling Order remain in effect. Signed by Honorable Judge William Keith Watkins on 2/19/2019. (alm, )
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Filing 48
Consent MOTION to Amend Scheduling Order re #27 Uniform Scheduling Order by ShowCoat Solutions, LLC, Andy Butler, Harmon Butler, Chris Wilson. (Hargrove, Travis) Modified on 2/19/2019 to add as also filed on behalf of the Dfts (alm, ).
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Filing 47
TEXT ORDER: Upon consideration of Dfts' #44 motion for leave to file first amended answer with counterclaims, it is ORDERED that Plf is directed to respond to the motion on or before 2/27/2019; Dfts may file a reply, if any, no later than 7 days following Plf's response. Signed by Honorable Judge William Keith Watkins on 2/12/2019. (No pdf attached to this entry)(alm, )
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Filing 46
NOTICE of Correction re #44 MOTION, to attach a corrected pdf document to reflect the proper title on the pleading as "Motion for Leave to File First Amended Answer" & not "Motion for Leave to File First Amended Complaint". (Attachments: #1 Main PDF to Document #44 )(alm, )
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First Amended ANSWER with Jury Demand by Andy Butler, Harmon Butler, Chris Wilson. (No pdf attached to this entry - See doc #45 for pdf)(alm, )
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Filing 45
First Amended Answer and COUNTERCLAIM against ShowCoat Solutions, LLC, filed by Chris Wilson, Andy Butler, Harmon Butler.(Ott, Ann)
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Filing 44
MOTION for Leave to File First Amended Answer with Counterclaims by Andy Butler, Harmon Butler, Chris Wilson. (Attachments: #1 Exhibit A)(Ott, Ann) (Main Document 44 replaced on 2/12/2019 to attach a corrected pdf document to reflect the proper title on the pleading as "Motion for Leave to File First Amended Answer" & not "Motion for Leave to File First Amended Complaint".) (alm, ). Modified on 2/12/2019 to clarify the docket text (alm, ).
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Filing 43
ORDER REFERRING MOTIONS: the #30 MOTION for Contempt and #37 Counter-MOTION for Contempt are referred to the United States Magistrate Judge for further proceedings and determination or recommendation as may be appropriate. Signed by Chief Judge William Keith Watkins on 1/30/2019. (wcl, )
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Filing 42
REPLY in Support re #30 MOTION for Contempt and RESPONSE to 38 Counter MOTION for Contempt filed by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A - Consent Order Granting Interlocutory Injunction, #2 Exhibit B - Wilson Farms Facebook Account, #3 Exhibit C - Photos and Texts)(Hargrove, Travis) Modified on 1/24/2019 to clarify the docket text (alm, ).
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Filing 41
TEXT ORDER: In light of the parties' #40 Stipulation for Extension of Time for Plf to File Reply, it is ORDERED that the Plf's reply to Dft's #37 response is due on 1/24/2019. Signed by Chief Judge William Keith Watkins on 1/16/2019. (No pdf attached to this entry) (alm, )
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Filing 40
STIPULATION for Extension of Time for Plaintiff to File Reply re #30 MOTION for Contempt by ShowCoat Solutions, LLC, Chris Wilson, Harmon Butler, Andy Butler. (Hargrove, Travis) Modified on 1/16/2019 to add as also filed on behalf of the Dfts (alm, )
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Case Reassigned to Honorable Judge Stephen Michael Doyle as Referral Judge; Honorable Judge Susan Russ Walker no longer assigned to the case. (No pdf attached to this entry) (alm, )
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Filing 39
AMENDED SCHEDULING ORDER: it is ORDERED that the #36 motion is GRANTED and that the following sections of the #27 Uniform Scheduling Order are amended, as further set out in order. Signed by Chief Judge William Keith Watkins on 1/7/2019. (alm, )
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Filing 38
Counter MOTION for Contempt by Andy Butler, Harmon Butler, Chris Wilson. (No pdf attached to this entry - See doc #37 for pdf) (alm, )
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Filing 37
RESPONSE in Opposition re #30 MOTION for Contempt and Counter MOTION for Contempt filed by Andy Butler, Harmon Butler, Chris Wilson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ott, Ann)
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Filing 36
Consent MOTION to Amend #27 Scheduling Order by ShowCoat Solutions, LLC, Chris Wilson, Harmon Butler, Andy Butler. (Attachments: #1 Text of Proposed Order)(Hargrove, Travis) Modified on 1/3/2019 to add as also filed on behalf of the Plfs (alm, ).
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Filing 35
TEXT ORDER granting #34 Unopposed Motion for Extension of Time in Which to Respond; Dfts' response to the court's #31 show-cause order must be filed on or before 1/3/2019. Signed by Chief Judge William Keith Watkins on 12/18/2018. (No pdf attached to this entry) (alm, )
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Filing 34
Unopposed MOTION for Extension of Time in Which to Respond to #30 MOTION for Contempt by Andy Butler, Harmon Butler, Chris Wilson. (Ott, Ann) Modified on 12/18/2018 to add the link to the #30 Motion (alm, ).
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Reset Deadlines: Show Cause response deadline set for 1/3/2019, pursuant to the Court's Text Order [Doc. 35]. (No pdf attached to this entry) (alm, )
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Filing 33
Response to Order re #32 Order, to Resubmit Exhibits by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit E-Wilson FB excerpts, #2 Exhibit F-Wilson FB Showcoat references, #3 Exhibit G-Wilson FB Code Blue, #4 Exhibit H-Wilson FB Code Blue, #5 Exhibit I-Wilson FB postings, #6 Exhibit J-Butler FB excerpts)(Hargrove, Travis)
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Filing 32
ORDER re #30 MOTION for Contempt: Plf is DIRECTED to resubmit the following exhibits in a format that will allow the court to clearly discern their content on or before 12/13/2018: #30 -6, #30 -7, #30 -8, #30 -9, #30 -10, #30 -11. Signed by Chief Judge William Keith Watkins on 12/7/2018. (alm, )
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Filing 31
ORDER directing Defendants Andy Butler and Chris Wilson TO SHOW CAUSE as to why the #30 Motion for Contempt, filed by ShowCoat Solutions, LLC should not be granted. Show Cause Response due by 12/19/2018. Signed by Chief Judge William Keith Watkins on 12/5/2018. (dmn, )
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Filing 30
MOTION for Contempt by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit Memorandum of Law in Support of Motion for Contempt, #2 Exhibit A-Consent Order, #3 Exhibit B-Twitter excerpts, #4 Exhibit C-Code Blue, #5 Exhibit D-Link to ShowCoat, #6 Exhibit E-Twitter photos, #7 Exhibit F-Facebook excerpts, #8 Exhibit G-Facebook excerpts, #9 Exhibit H-Facebook excerpts, #10 Exhibit I-Ad for Code Blue, #11 Exhibit J-Butler Facebook excerpts, #12 Exhibit K-Email from Attorney Ott)(Hargrove, Travis)
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BRIEF/MEMORANDUM in Support re #30 MOTION for Contempt filed by ShowCoat Solutions, LLC. (dmn, ) (NO PDF, see Doc. #30 for pdf; filed as an attachment.)
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Filing 29
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING (PDF ACCESS RESTRICTED FOR 90 DAYS) held on 9/14/2018, before Judge W. Keith Watkins; Court Reporter/Transcriber Risa L. Entrekin, Telephone number 334-240-2405; Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction; After that date it may be obtained through PACER; NOTICE OF INTENT TO REQUEST REDACTION DUE WITHIN 7 BUSINESS DAYS; Redaction Request due 12/18/2018; Redacted Transcript Deadline set for 12/28/2018; Release of Transcript Restriction set for 2/25/2019. (alm, )
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Filing 28
GENERAL BRIEFING ORDER setting our further briefing requirements. Signed by Chief Judge William Keith Watkins on 11/2/2018. (alm, )
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Filing 27
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 10/3/2019, in Montgomery, AL, before Chief Judge William Keith Watkins; Jury Trial set for 12/2/2019, in Dothan, AL, before Chief Judge William Keith Watkins; Dispositive and Daubert Motions due by 4/15/2019; Mediation Notice due by 3/11/2019; Amended Pleadings due by 1/11/2019; Discovery due by 3/6/2019, as further set out in order. Signed by Chief Judge William Keith Watkins on 10/31/2018. (furn: calendar, wr) (wcl, )
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Filing 26
REPORT of Rule 26(f) Planning Meeting. (Ott, Ann)
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Filing 25
ANSWER to #1 Complaint by Andy Butler, Harmon Butler, Chris Wilson.(Ott, Ann) Modified on 10/16/2018 to remove the "Jury Demand" from the docket text as it is not requested in the pleading (wcl, ).
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Filing 24
TEXT ORDER granting #23 Unopposed Motion for Extension of Time to File Answer. Signed by Chief Judge William Keith Watkins on 10/11/2018. (No pdf attached to this entry) (wcl, )
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Filing 23
MOTION for Extension of Time to File Answer by Andy Butler, Harmon Butler, Chris Wilson. (Ott, Ann)
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Filing 22
RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 10/26/2018. Signed by Chief Judge William Keith Watkins on 10/4/2018. (dmn, )
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Filing 21
AFFIDAVIT of Service for Complaint, Summons, #6 Order for Hearing served on Chris Wilson on 09/24/2018, filed by ShowCoat Solutions, LLC. (Hargrove, Travis) Modified on 10/3/2018 to create link to Doc. #6 . (dmn, )
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Filing 20
TEXT ORDER that the #2 Motion for TRO be denied as moot in light of the parties' #19 Consent order for interlocutory injunction. Signed by Chief Judge William Keith Watkins on 9/28/2018. (dmn, ) (NO PDF)
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Filing 19
CONSENT ORDER GRANTING INTERLOCUTORY INJUNCTION: the court enters the following ORDER: 1) All Dfts shall cease using the name "ShowCoat," "Volumax," "Pop Shot," or using the ShowCoat or similar marks in the manufacture, marketing, or sale of any goods, or acting in concert with others to do the same; 2) All Dfts shall not manufacture, market, or sell any products developed in whole or in part from the ShowCoat formula or acting in concert with others to do the same; 3) All parties shall preserve and demand the preservation of all computers, computer tablets, phones, smart phones, external media (CDs, thumb drives, external hard drives, and the like), servers, cloud-based storage, and email accounts on which they have stored any communication or information with, about, referring to and/or relating to ShowCoat, ShowCoat's marks, ShowCoat's formula; 4) All parties shall preserve and demand the preservation of all materials related to the manufacture, marketing, or sale of livestock hair-enhancement products. Nothing herein prevents any party from carrying on its normal business operations except as otherwise prohibited by this order; 5) Plf, its agents, officers, and members shall refrain from using Dfts' names or disclosing identifying information about Dfts in connection with this matter, or acting in concert with others to do the same. In addition, Plf shall delete, destroy, or remove, to the extent possible, all press releases, announcements, social media posts, or any other public materials it has produced using Dfts' names or disclosing identifying information about Dfts in connection with this matter. Nothing herein prevents Plf from informing the public that Wilson and Butler are no longer dealers for Plf, nor that there may be counterfeit products in circulation in the market, but such information shall not be presented in a way that implicates Dfts or associates them with wrongdoing; 6) No security will be required at this time; 7) This order shall remain in effect during the pendency of this litigation and until further order of the court; and 8) The 9/26/2018 hearing on this matter is CANCELLED. Signed by Chief Judge William Keith Watkins on 9/25/2018. (furn: calendar, wr) (wcl, )
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Filing 18
Joint MOTION for Order to Cancel Hearing and Enter Consent Interlocutory Injunction by ShowCoat Solutions, LLC. (Attachments: #1 Text of Proposed Order)(Hargrove, Travis) Modified on 9/25/2018 to add as also filed on behalf of the dfts and to clarify the docket text (wcl, ).
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Filing 17
SUMMONS Returned Executed by ShowCoat Solutions, LLC. Harmon Butler served on 9/17/2018, answer due 10/9/2018. (Hargrove, Travis)
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Filing 16
SUMMONS Returned Executed by ShowCoat Solutions, LLC. Andy Butler served on 9/17/2018, answer due 10/9/2018. (Hargrove, Travis)
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Filing 15
Return Receipt Card showing service of #6 Order signed by Chris Wilson for Chris Wilson served on 9/14/2018. (wcl, ) Modified on 9/18/2018 to correct the docket text to reflect service of the #6 Order and not the Summons and #1 Complaint; Answer deadline has been terminated as service of the summons by process server has not been entered on the docket (wcl, ).
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Filing 14
NOTICE of Submission to Jurisdiction and Venue by Chris Wilson. (Ott, Ann) Modified on 9/18/2018 to clarify the docket text (wcl, ).
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Filing 13
Return Receipt Card showing service of #6 Order signed by Andy Butler for: Andy Bulter and Harmon Butler served on 9/14/2018. (wcl, )
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Filing 11
ORDER: the parties have agreed to the following interim ORDER: 1) All Dfts shall cease using the name "ShowCoat," "Volumax," "Pop Shot," or using the ShowCoat or similar marks in the manufacture, marketing, or sale of any goods, or acting in concert with others to do the same; 2) All Dfts shall not manufacture, market, or sell any products developed in whole or in part from the ShowCoat formula or acting in concert with others to do the same; 3) All parties shall preserve and demand the preservation of all computers, computer tablets, phones, smart phones, external media (CDs, thumb drives, external hard drives, and the like), servers, cloud-based storage, and email accounts on which they have stored any communication or information with, about, referring to and/or relating to ShowCoat, ShowCoat's marks, ShowCoat's formula; 4) All parties shall preserve and demand the preservation of all materials related to the manufacture, marketing, or sale of livestock hair-enhancement products. Nothing herein prevents any party from carrying on its normal business operations except as otherwise prohibited by this order; 5) Plf, its agents, officers, and members shall refrain from using Dfts' names or disclosing identifying information about Dfts in connection with this matter, or acting in concert with others to do the same. In addition, Plf shall delete, destroy, or remove, to the extent possible, all press releases, announcements, social media posts, or any other public materials it has produced using Dfts' names or disclosing identifying information about Dfts in connection with this matter. Nothing herein prevents Plf from informing the public that Wilson and Butler are no longer dealers for Plf, nor that there may be counterfeit products in circulation in the market, but such information shall not be presented in a way that implicates Dfts or associates them with wrongdoing; 6) No security will be required at this time; and 7) The 9/14/2018 hearing on this matter is CONTINUED until 9/26/2018, at 9:00 AM, in Courtroom 2B of the Frank M. Johnson, Jr. United States Courthouse, One Church Street, Montgomery, Alabama. Signed by Chief Judge William Keith Watkins on 9/17/2018. (furn: calendar, wr) (Motion Hearing set for 9/26/2018 @ 09:00 AM in CR 2B re #2 Motion for TRO) (wcl, )
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Filing 12
Minute Entry for proceedings held before Chief Judge William Keith Watkins: Motion Hearing held on 9/14/2018 re #2 MOTION for Temporary Restraining Order filed by ShowCoat Solutions, LLC (PDF available for court use only). (Court Reporter Risa Entrekin.) (Attachments: #1 Witness List, #2 Pltf Exhibit List, #3 Pltf Exhibits) (kcf, )
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Filing 10
Corporate/Conflict Disclosure Statement by Chris Wilson. (Ott, Ann)
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Filing 9
Corporate/Conflict Disclosure Statement by Harmon Butler. (Ott, Ann)
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Filing 8
Corporate/Conflict Disclosure Statement by Andy Butler. (Ott, Ann)
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Filing 7
NOTICE of Appearance by Ann Ashton Holmes Ott on behalf of All Defendants (Ott, Ann)
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Filing 6
ORDER: Upon consideration of the motion for temporary restraining order (Doc. #2 ), which is supported by a verified complaint (Doc. #1 ), it is ORDERED that a hearing is set for September 14, 2018, at 8:00 a.m., at the Frank M. Johnson, Jr. U.S. Courthouse, One Church Street, Courtroom 2-B, Montgomery, Alabama. The Clerk of the Court is DIRECTED to provide a court reporter for this hearing. Plaintiff is DIRECTED to serve Defendants with a copy of this Order. Signed by Chief Judge William Keith Watkins on 9/11/2018. (furn; calendar, wr) (kh, )
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Filing 5
Summons Issued as to Andy Butler, Harmon Butler, Chris Wilson; returned to counsel for personal service by process server. (wcl, )
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Filing 4
Corporate/Conflict Disclosure Statement by ShowCoat Solutions, LLC. (wcl, )
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Filing 3
BRIEF/MEMORANDUM in Support re #2 MOTION for Temporary Restraining Order filed by ShowCoat Solutions, LLC. (wcl, )
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Filing 2
MOTION for Temporary Restraining Order by ShowCoat Solutions, LLC. (Attachments: #1 Text of Proposed Order)(wcl, )
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Filing 1
COMPLAINT against Andy Butler, Harmon Butler, Chris Wilson (Filing fee $ 400.00 receipt number 4602050632.), filed by ShowCoat Solutions, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Receipt) (wcl, )
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DEMAND for Trial by Jury by ShowCoat Solutions, LLC. (No pdf attached to this entry - See doc #1 for pdf) (wcl, )
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