LKQ Corporation et al v. All Clear Diagnostics and Calibration LLC
Plaintiff: LKQ Corporation and Keystone Automotive Industries, Inc.
Defendant: All Clear Diagnostics and Calibration LLC
Case Number: 2:2023cv00027
Filed: January 11, 2023
Court: US District Court for the Middle District of Alabama
Presiding Judge: Stephen Michael Doyle
Referring Judge: R Austin Huffaker
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2023 Opinion or Order Filing 43 ORDER: it is ORDERED that a mediation conference in this case is scheduled for 12/14/2023, at 10:00 a.m. CST. The conference will occur before the undersigned Magistrate Judge via video teleconference, as further set out in Order; It is further ORDERED that, on or before 12/7/2023, at 12:00 p.m. CST, each party shall send a confidential mediation statement, in PDF format, as further set out in Order; It is further ORDERED that (1) the attorneys who will try the case shall appear at the conference with: (a) the parties, or (b) a representative having full authority to negotiate and to settle the case on any terms, as further set out in Order. Signed by Magistrate Judge Stephen Michael Doyle on 10/31/2023. (Furnished: Calendar, KF, LW) (am, )
October 25, 2023 Opinion or Order Filing 42 TEXT ORDER: For good cause, it is ORDERED that the parties' #41 Joint Motion for Extension is GRANTED and the deadline to file the joint report regarding mediation is EXTENDED from 11/6/2023, up to and including 12/15/2023. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/25/2023. (NO PDF attached to this entry) (am, )
October 24, 2023 Filing 41 Joint MOTION for Extending the date to submit their Joint Report regarding Mediation by Keystone Automotive Industries, Inc., LKQ Corporation, All Clear Diagnostics and Calibration LLC (Lanciloti, Daniel) Modified on 10/25/2023 to clarify text and add joint filer (ggn, ).
October 4, 2023 Opinion or Order Filing 40 AMENDED SCHEDULING ORDER: it is ORDERED that the #39 motion is GRANTED, and the Scheduling Order is AMENDED as follows: setting a Pretrial Conference for 9/26/2024 @ 10:00 AM, before Honorable Judge R. Austin Huffaker Jr., in CR 2D, FMJ US Courthouse, Montgomery, AL; DIRECTING the parties to jointly prepare a Proposed Pretrial Order due by 9/19/2024; Bench Trial set for 11/4/2024 @ 10:00 AM, before Honorable Judge R. Austin Huffaker Jr., in Montgomery, AL; Dispositive & Daubert Motions due by 4/11/2024; Fact Discovery Cutoff completed on or before by 1/18/2024, as further set out in Order. Signed by Honorable Judge R. Austin Huffaker, Jr on 10/4/2023. (Furnished: Calendar, WW, LW)(am, )
October 2, 2023 Filing 39 Joint MOTION for Modification of the Scheduling Order by Keystone Automotive Industries, Inc., LKQ Corporation. (Lanciloti, Daniel) Modified on 10/3/2023 to clarify text (am, ).
August 30, 2023 Opinion or Order Filing 38 ORDER: the Court hereby suspends application and enforcement of Local Rule 16.1 concerning voluntary mediation and hereby ORDERS the parties to mediate this case on or before 11/6/2023. The parties may mediate this case with a magistrate judge free of charge or a private mediator mutually agreeable to the parties. If the parties choose to mediate by magistrate judge, they shall provide the magistrate judge with three agreed-upon dates for the mediation. The obligation to mediate is in lieu of the face-to-face settlement conference set out in Section 3 of the Uniform Scheduling Order, and therefore the parties' obligation to comply with Section 3 is hereby LIFTED. Signed by Honorable Judge R. Austin Huffaker, Jr on 8/30/2023. (bes, )
June 29, 2023 Opinion or Order Filing 37 ORDER granting #36 Joint Motion for Entry of Agreed Protective Order, as further set out in order. Signed by Magistrate Judge Stephen Michael Doyle on 6/29/2023. (bes, )
June 27, 2023 Filing 36 Joint MOTION for Entry of Agreed Protective Order by Keystone Automotive Industries, Inc., LKQ Corporation, All Clear Diagnostics and Calibration LLC. (Attachments: #1 Text of Proposed Order)(Lanciloti, Daniel) Modified on 6/27/2023 to clarify text and add DFT as filer (bes, ).
April 25, 2023 Opinion or Order Filing 35 STANDARD BRIEFING ORDER setting out other briefing requirements, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/25/2023. (amf, )
April 25, 2023 Opinion or Order Filing 34 SCHEDULING ORDER: Final Pretrial Conference set for 9/26/2024, at 10:00 AM, in Courtroom 2D, before Honorable Judge R. Austin Huffaker Jr.; Non-Jury Trial set for 11/4/2024, at 10:00 AM, in Montgomery, AL, before Honorable Judge R. Austin Huffaker Jr.; Amended Pleadings due by 6/30/2023; Discovery due by 10/30/2023; Mediation Notice due by 11/6/2023; Dispositive and Dabuert Motions due by 3/6/2024; Proposed Pretrial Order due by 9/19/2024, as further set out in order. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/25/2023. (Furnished: Calendar & DH) (amf, )
April 24, 2023 Opinion or Order Filing 33 ORDER denying without prejudice the #1 Motion for Preliminary Injunction. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/24/2023. (bes, )
April 21, 2023 Filing 32 Response to Order re #31 Order, filed by Keystone Automotive Industries, Inc., LKQ Corporation. (Lanciloti, Daniel)
April 10, 2023 Opinion or Order Filing 31 ORDER: it is hereby ORDERED that on or before 4/21/2023, the Plaintiffs shall file a notice informing the Court how they wish to proceed regarding their request for a preliminary injunction. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/10/2023. (amf, )
April 4, 2023 Filing 30 Corporate/Conflict Disclosure Statement by All Clear Diagnostics and Calibration LLC re #27 Order. (DeMoss, Robert)
March 27, 2023 Filing 29 Amended Corporate/Conflict Disclosure Statement by LKQ Corporation re #27 Order. (Lanciloti, Daniel)
March 27, 2023 Filing 28 Amended Corporate/Conflict Disclosure Statement by Keystone Automotive Industries, Inc. re #27 Order. (Lanciloti, Daniel)
March 24, 2023 Opinion or Order Filing 27 ORDER: it is hereby ORDERED that on or before 4/7/2023, each party shall file a corrected disclosure statement that complies with FRCP 7.1. Signed by Honorable Judge R. Austin Huffaker, Jr on 3/24/2023. (bes, )
March 21, 2023 Filing 26 Case reassigned to Honorable Judge R. Austin Huffaker, Jr. as Presiding Judge and Honorable Judge Stephen Michael Doyle as Referral Judge. Honorable Judge Stephen Michael Doyle no longer assigned to the case as Presiding Judge. (bes, )
March 21, 2023 Filing 25 REPORT of Rule 26(f) Planning Meeting. (Lanciloti, Daniel)
March 21, 2023 Motions No Longer Referred: #1 MOTION for Preliminary Injunction (No PDF attached to this entry) (bes, )
February 21, 2023 Opinion or Order Filing 24 ORDER: It is ORDERED that the parties shall file their Rule 26(f) report as soon as practicable, as further set out in order; Rule 26 Meeting Report due by 3/21/2023. Signed by Honorable Judge Stephen Michael Doyle on 2/21/2023. (bes, )
February 21, 2023 Opinion or Order Filing 23 ORDER: It is ORDERED that any party wishing to provide consent or request reassignment must complete the form and submit it to the Clerk by 3/14/2023, as further set out in order; Do NOT electronically file the consent form nor the reassignment form into the record. Signed by Honorable Judge Stephen Michael Doyle on 2/21/2023. (bes, )
February 21, 2023 Filing 22 NOTICE of Appearance by Daniel F. Lanciloti on behalf of Keystone Automotive Industries, Inc., LKQ Corporation (Lanciloti, Daniel) (Main Document 22 replaced on 2/21/2023 to remove ability to edit PDF) (bes, ). Modified on 2/21/2023 (bes, ).
February 21, 2023 Filing 21 NOTICE of Appearance by James M. Hux, Jr on behalf of Keystone Automotive Industries, Inc., LKQ Corporation (Hux, James) (Main Document 21 replaced on 2/21/2023 to remove ability to edit PDF) (bes, ). Modified on 2/21/2023 (bes, ).
February 17, 2023 Opinion or Order Filing 20 TEXT ORDER granting #16 Motion for Leave to Appear Pro Hac Vice for Attorney James M. Hux, Jr.. Signed by Honorable Judge Stephen Michael Doyle on 2/17/2023. (No PDF attached to this entry) (bes, )
February 17, 2023 Opinion or Order Filing 19 TEXT ORDER granting #15 Motion for Leave to Appear Pro Hac Vice for Attorney Daniel F. Lanciloti. Signed by Honorable Judge Stephen Michael Doyle on 2/17/2023. (No PDF attached to this entry) (bes, )
February 16, 2023 Filing 18 Corporate/Conflict Disclosure Statement by All Clear Diagnostics and Calibration LLC. re #13 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement (DeMoss, Robert) Modified on 2/17/2023 to add link to doc #13 (bes, ).
February 16, 2023 Filing 17 ANSWER to #1 Complaint,, by All Clear Diagnostics and Calibration LLC.(DeMoss, Robert)
February 16, 2023 Filing 16 Motion to Appear Pro Hac Vice for James M. Hux, Jr. ( Filing fee $ 75 receipt number AALMDC-3372584.) by Keystone Automotive Industries, Inc., LKQ Corporation. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Harold, Edward) Modified on 2/16/2023 to reflect requesting atty (bes, ).
February 16, 2023 Filing 15 Motion to Appear Pro Hac Vice for Daniel F. Lanciloti ( Filing fee $ 75 receipt number AALMDC-3372579.) by Keystone Automotive Industries, Inc., LKQ Corporation. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Harold, Edward) Modified on 2/16/2023 to reflect requesting atty (bes, ).
February 8, 2023 Opinion or Order Filing 14 TEXT ORDER: Upon consideration of the unopposed Motion for Extension of Time (Doc. #10 ), it is ORDERED that the Motion is GRANTED. Defendants may file a responsive pleading on or before 02/16/2023. Signed by Honorable Judge Stephen Michael Doyle on 02/08/2023. (no pdf attached to this entry) (tha, )
February 7, 2023 Filing 13 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to All Clear Diagnostics and Calibration LLC; Corporate Disclosures due by 2/17/2023. (Attachments: #1 Corp/Conflict Disclosure Attachment)(tha, )
February 7, 2023 Filing 12 NOTICE of Assignment to Magistrate Judge sent to counsel for All Clear Diagnostics and Calibration LLC. (tha, )
February 6, 2023 Filing 11 NOTICE of Appearance by Robert Lee DeMoss, III on behalf of All Clear Diagnostics and Calibration LLC (DeMoss, Robert)
February 6, 2023 Filing 10 MOTION for Extension of Time to File Answer (Unopposed) by All Clear Diagnostics and Calibration LLC. (Israel, Adam)
February 6, 2023 Filing 9 NOTICE of Appearance by Adam K. Israel on behalf of All Clear Diagnostics and Calibration LLC (Israel, Adam)
January 20, 2023 Set Answer Deadlines:All Clear Diagnostics and Calibration LLC answer due on or before 2/8/2023. (No PDF attached to this entry) (bes, )
January 19, 2023 Filing 8 AFFIDAVIT of Service for Complaint with Exhibits and Summons served on Registered Agent for Defendant on 01.17.23, filed by Keystone Automotive Industries, Inc., LKQ Corporation. (Harold, Edward)
January 12, 2023 Filing 7 Corporate/Conflict Disclosure Statement by Keystone Automotive Industries, Inc. re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Harold, Edward) Modified on 1/12/2023 to add link to the #4 Notice (bes, ).
January 12, 2023 Filing 6 Corporate/Conflict Disclosure Statement by LKQ Corporation re #4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Harold, Edward) Modified on 1/12/2023 to add the link to the #4 Notice (bes, ).
January 11, 2023 Filing 5 Summons Issued as to All Clear Diagnostics and Calibration LLC.NOTICE TO COUNSEL: Summons have been issued. Please print copies necessary for service. (bes, )
January 11, 2023 Filing 4 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to LKQ Corporation & Keystone Automotive Industries, Inc.; Corporate Disclosures due by 1/23/2023. (Attachments: #1 Standing Order and Sample Format)(bes, ) (Main Document 4 replaced on 1/11/2023 to correct the name of the clerk with the PDF) (bes, ). Modified on 1/11/2023 (bes, ).
January 11, 2023 Filing 3 NOTICE of Assignment to Magistrate Judge sent to counsel for (PLFs) Keystone Automotive Industries, Inc., LKQ Corporation. (bes, )
January 11, 2023 Filing 2 Case assigned to Honorable Judge Stephen Michael Doyle as presiding judge. (bes, )
January 11, 2023 Filing 1 COMPLAINT against All Clear Diagnostics and Calibration LLC ( Filing fee $ 402 receipt number AALMDC-3347025.), filed by LKQ Corporation, Keystone Automotive Industries, Inc.. 90 day Rule 4m deadline set for 4/11/2023. (Attachments: #1 Exhibit A - Confidentiality Agreement, #2 Exhibit B - Non-Compete, #3 Exhibit C - 2021 Agreement, #4 Exhibit D - 2022 Agreement, #5 Exhibit E - 2021 Non-Compete, #6 Exhibit F - 2022 Non-Compete, #7 Civil Cover Sheet, #8 Summons)(Harold, Edward) Modified on 1/11/2023 to add PLF Keystone as filer (bes, ).
January 11, 2023 MOTION for Preliminary Injunction by Keystone Automotive Industries, Inc., LKQ Corporation. (No PDF attached to this entry - see doc #1 page 30 for PDF) (bes, )

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Plaintiff: LKQ Corporation
Represented By: Edward Francis Harold
Represented By: James M. Hux, Jr.
Represented By: Craig R. Annunziata
Represented By: Daniel F. Lanciloti
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Plaintiff: Keystone Automotive Industries, Inc.
Represented By: Craig R. Annunziata
Represented By: Daniel F. Lanciloti
Represented By: James M. Hux, Jr.
Represented By: Edward Francis Harold
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Defendant: All Clear Diagnostics and Calibration LLC
Represented By: Adam K. Israel
Represented By: Robert Lee DeMoss, III
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