McGriff, Seibels & Williams Inc v. Sparks et al
| McGriff, Seibels & Williams Inc |
| John Tanner, Darren Sonderman, Paul Sparks, David McMahan and J. Gregory McCollister |
| 2:2019cv01196 |
| July 26, 2019 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| John H England |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 61
MEMORANDUM OPINION AND ORDER - The court held a hearing on MSW's request for a preliminary injunction. Having considered the entire record in this case, including the evidence presented at the hearing and the parties' briefs, the court DENIES MSW's request for a preliminary injunction. Signed by Judge Annemarie Carney Axon on 9/23/2019. (KEK)
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Filing 60
MEMORANDUM OPINION AND ORDER - In response to MSW's motion for a preliminary injunction, Defendants urge the court defer to abstain from exercising jurisdiction and stay this case pursuant to the first-filed rule and the Colorado River and Brillhart/Wilton abstention doctrines. (Doc. #30 at 814). The court issues this memorandum opinion to address Defendants' abstention arguments. As explained below, the court DENIES Defendants' request to abstain. Signed by Judge Annemarie Carney Axon on 9/23/2019. (KEK)
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| Filing 59 MOTION for Leave to File SECOND AMENDED COMPLAINT by McGriff, Seibels & Williams Inc. (Attachments: #1 Exhibit Exhibit A - Second Amended Complaint)(Bedsole, Jenna) |
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Filing 58
ORDER - This matter is before the court on Plaintiff McGriff, Seibels & Williams, Inc.s (MSW) motion to supplement its previously filed motion for leave to file a second amended complaint. (Doc. #57 ). The court GRANTS the motion but will instruct MSW to file a revised proposed second amended complaint and will give Defendants additional time to respond to MSWs motion to amend. To address the propriety of amendment, the court must have before it the complete proposed pleading that MSW wishes to file. Accordingly, on or before September 20, 2019, MSW SHALL file a renewed motion to amend that contains, attached as an exhibit, the proposed amended pleading that it wishes to file. Because MSW will file a renewed motion to amend, the court DENIES as MOOT MSWs original motion to amend. (Doc. #55 ). Defendants shall respond to MSWs renewed motion to amend on or before October 2, 2019. MSW may file a reply on or before October 9, 2019. Signed by Judge Annemarie Carney Axon on 9/19/2019. (KEK)
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| Filing 57 MOTION TO SUPPLEMENT #55 by McGriff, Seibels & Williams Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Bedsole, Jenna) Modified docket text only on 9/19/2019 (KEK). |
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Filing 56
TEXT ORDER: Plaintiff has filed a motion for leave to file an amended complaint. (Doc. 55). Defendants may file a response to the motion on or before September 26, 2019. Plaintiff may file a reply on or before October 3, 2019. The court stays the briefing schedule on the motions to dismiss (see doc. 46) pending a ruling on Plaintiffs motion to amend. Signed by Judge Annemarie Carney Axon on 9/14/2019. (KMG)
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| Filing 55 MOTION for Leave to File SECOND AMENDED COMPLAINT by McGriff, Seibels & Williams Inc. (Attachments: #1 Exhibit A - Amended Complaint)(Bedsole, Jenna) |
| Minute Entry for proceedings held before Judge Annemarie Carney Axon: Administrative Telephone Conference held on 9/10/2019. (SAC) |
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Filing 54
TEXT ORDER: The court STRIKES Plaintiff's second amended verified complaint. (Doc. #53 ). Because Plaintiff already amended its complaint once as a matter of course (see Doc. #11 ), Plaintiff must receive Defendants' consent or the court's leave to file another amended complaint. Fed. R. Civ. P. 15(a)(1)-(2). Signed by Judge Annemarie Carney Axon on 9/10/2019. (KEK)
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| Filing 53 ***STRICKEN*** AMENDED COMPLAINT (Second) against All Defendants, filed by McGriff, Seibels & Williams Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Bedsole, Jenna) Modified on 9/10/2019 (KEK). |
| Filing 52 Defendants' Exhibit List re Preliminary Injunction hearing held 8/26/19-2//29/19. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 15)(SAC) |
| Filing 51 Exhibit List by McGriff, Seibels & Williams Inc. - re Preliminary Injunction hearing held 8/26/19-8/29/19. (SAC) (Additional attachment(s) added on 9/14/2019: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11), #12 Exhibit 14, #13 Exhibit 16, #14 Exhibit 18, #15 Exhibit 20, #16 Exhibit 22, #17 Exhibit 23, #18 Exhibit 25, #19 Exhibit 30, pgs 1-3, #20 Exhibit 45, pgs 1-3, #21 Exhibit 46, pgs 1-2, #22 Exhibit 47, pgs 1-2, #23 Exhibit 48, pgs 1-3, #24 Exhibit (49) (SAC) |
| Filing 50 Transcript of Proceedings held on 8/29/2019, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Margaret Wasmund. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (KEK) |
| Filing 49 Transcript of Proceedings held on 8/28/2019, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Margaret Wasmund. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (KEK) |
| Filing 48 Transcript of Proceedings held on 8/27/2019, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Margaret Wasmund. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (KEK) |
| Filing 47 Transcript of Proceedings held on 8/26/2019, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Margaret Wasmund. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (KEK) |
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Filing 46
TEXT ORDER re #43 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue & #44 MOTION to Dismiss Plaintiff's Amended Verified Complaint - Responses are due on or before September 18, 2019; any replies are due to be filed on or before September 25, 2019. Signed by Judge Annemarie Carney Axon on 9/4/19. (SAC)
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| Minute Entry for proceedings held before Judge Annemarie Carney Axon: Preliminary Injuntion Hearing held on 8/29/2019. Plaintiff's witnesses called - sworn & provided testimony through direct & cross; Plaintiff rested. Defense called witnesses - sworn & provided testimony through direct & cross - Defense rested. Plaintiff - ORAL MOTION to extend the restraints already put in place by the court until ruling received - GRANTED by the court. Written Order to follow. Ct adj. (Court Reporter Margaret Wasmund) (SAC) |
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Filing 45
ORDER Pending a ruling on Plaintiffs request for a preliminary injunction, Defendants Paul Sparks, Darren Sonderman, and J. Gregory McCollister are temporarily enjoined and restrained from: (1) directly or indirectly, on their own behalf or on behalf of their new employer, soliciting, making sales to, or attempting to procure business from any client or prospective client of MSW in the nine-state geographic restriction contained in their EmploymentAgreements, as identified in a list that MSW counsel provided tocounsel for Defendants; and (2) directly or indirectly soliciting or inducing any MSW employee to leave or to enter another business competitive with MSW.Signed by Judge Annemarie Carney Axon on 8/29/2019. (KAM)
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| Minute Entry for proceedings held on 8/28/19 before Judge Annemarie Carney Axon: Preliminary Injunction Hearing - day 3; Plaintiff's witnesses continued to be called; provided testimony through direct & cross. Hearing to resume 8/29/19 at 10:30 AM. (Court Reporter Margaret Wasmund) (SAC) |
| Filing 44 MOTION to Dismiss Plaintiff's Amended Verified Complaint by J. Gregory McCollister, David McMahan, Darren Sonderman, Paul Sparks, John Tanner. (Vreeland, Albert) |
| Filing 43 MOTION to Dismiss for Lack of Personal Jurisdiction and Improper Venue by David McMahan. (Attachments: #1 Exhibit A - Declaration of D. McMahan)(Vreeland, Albert) |
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Filing 42
TEXT ORDER - Preliminary Injunction Hearing set for August 29, 2019, 10:30 AM, Courtroom 6B, Hugo L Black US Courthouse, Birmingham, AL before Judge Annemarie Carney Axon. Signed by Judge Annemarie Carney Axon on 8/28/19. (SAC)
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Filing 41
TEXT ORDER granting #39 Motion for Extension of Time. Defendants shall respond to the amended complaint on or before August 28, 2019. Signed by Judge Annemarie Carney Axon on 8/27/19. (KMG)
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Filing 40
TEXT ORDER - Preliminary Injunction Hearing set for August 28, 2019, 1:00 PM, Courtroom 6B, Hugo L Black US Courthouse, Birmingham, AL before Judge Annemarie Carney Axon. Signed by Judge Annemarie Carney Axon on 8/27/19. (SAC)
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| Minute Entry for proceedings held before Judge Annemarie Carney Axon: Preliminary Injunction Hearing - day 2; Plaintiff's witnesses continued to be called; provided testimony through direct & cross. Hearing to resume 8/28/19 at 1:00 PM. (Court Reporter Margaret Wasmund) (SAC ) |
| Minute Entry for proceedings held before Judge Annemarie Carney Axon: Preliminary Injunction Hearing held on 8/26/2019; Pla's witnesses called - sworn and provided testimony. Hearing will resume on 8/27/19 1:00 PM-2:00 PM, and then again at 3:00 PM.(Court Reporter Margaret Wasmund) (SAC) |
| Filing 39 Unopposed MOTION for Extension of Time to Respond to Amended Complaint by J. Gregory McCollister, David McMahan, Darren Sonderman, Paul Sparks, John Tanner. (Thompson, Michael) |
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Filing 38
TEXT ORDER - Preliminary Injunction Hearing set for August 27, 2019, 1:00 PM, Courtroom 6B, Hugo L Black US Courthouse, Birmingham, AL before Judge Annemarie Carney Axon. Signed by Judge Annemarie Carney Axon on 8/26/19. (SAC )
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Filing 37
TEXT ORDER The preliminary injunction hearing set for 1:00 p.m. on August 26, 2019 is RESET for 11:00 a.m. that same day. Signed by Judge Annemarie Carney Axon on 8/24/2019. (KMG, )
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| Filing 36 Witness List (AMENDED) by J. Gregory McCollister, David McMahan, Darren Sonderman, Paul Sparks, John Tanner. (Thompson, Michael) |
| Filing 35 Exhibit List by J. Gregory McCollister, David McMahan, Darren Sonderman, Paul Sparks, John Tanner.. (Thompson, Michael) |
| Filing 34 Witness List by J. Gregory McCollister, David McMahan, Darren Sonderman, Paul Sparks, John Tanner. (Thompson, Michael) |
| Filing 33 Exhibit List for Preliminary Injunction Hearing by McGriff, Seibels & Williams Inc.. (Bedsole, Jenna) |
| Filing 32 Witness List for Preliminary Injunction Hearing by McGriff, Seibels & Williams Inc. (Bedsole, Jenna) |
| Filing 31 PLAINTIFFS SUPPLEMENTAL BRIEF . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Bedsole, Jenna) Modified on 8/21/2019 (KEK). |
| Filing 30 DEFENDANTS MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for a Preliminary Injunction filed by J. Gregory McCollister, David McMahan, Darren Sonderman, Paul Sparks, John Tanner. (Vreeland, Albert) Modified on 8/21/2019 (KEK). |
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Filing 29
TEXT ORDER re #28 Motion for Leave to Appear pro hac vice of William M Ojile, Jr. - The court GRANTS this motion. Signed by Judge Annemarie Carney Axon on 8/20/19. (SAC)
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| Filing 28 MOTION for Leave to Appear Pro Hac Vice of William M. Ojile, Jr. by J. Gregory McCollister, David McMahan, Darren Sonderman, Paul Sparks, John Tanner. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Court Admissions)(Thompson, Michael) |
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Filing 27
ORDER granting #23 Motion for Leave to Appear Pro Hac Vice for Charles L. Bachman, Jr. Signed by Judge Annemarie Carney Axon on 8/20/2019. (KEK)
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| Minute Entry for proceedings held before Judge Annemarie Carney Axon: Telephone Conference held on 8/20/2019. (SAC ) |
| PHV Fee paid: $ 75, receipt number 1126-3416214 (ALND B4601100031). (Thompson, Michael) Modified on 8/21/2019 (KEK). |
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Filing 26
ORDER denying #22 motion to dissolve the temporary restraining order - Although this court previously indicated that it would lift its temporary restraining order if a Georgia court ruled in Defendants favor, the court will not lift its temporary restraining order at this juncture. The parties briefs on MSWs motion for a preliminary injunction are due at 12:00 p.m. (noon) on August 21, 2019. (Doc. 19 ). To help the court resolve the legal issues presented by MSWs motion for a preliminary injunction on a more complete record, the court asks the parties to include in their briefs a discussion of the issues set out within. Signed by Judge Annemarie Carney Axon on 8/19/2019. (KEK)
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| Filing 25 Transcript of Proceedings held on 8/14/2019, before Judge Annemarie Carney Axon. Court Reporter/Transcriber Christina Decker. 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: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. (A copy can be obtained at http://www.alnd.uscourts.gov/local/court%20forms/transcripts/Transcript% 20Redaction%20Policy.pdf) See Transcript Redaction Policy Redaction Request due 9/9/2019. Redacted Transcript Deadline set for 9/19/2019. Release of Transcript Restriction set for 11/17/2019. (KEK) |
| Filing 24 SUMMONS Returned Executed by McGriff, Seibels & Williams Inc. Paul Sparks served on 8/16/2019, answer due 9/6/2019. (KEK) |
| Filing 23 MOTION for Leave to Appear pro hac vice by Darren Sonderman, Paul Sparks, John Tanner. (Attachments: #1 Exhibit A - confirmation of payment of fees)(Bachman, Charles) |
| Filing 22 MOTION TO DISSOLVE TEMPORARY RESTRAINING ORDER by J. Gregory McCollister, David McMahan, Darren Sonderman, John Tanner. (Attachments: #1 Exhibit A - Cobb County Superior Court Order)(Thompson, Michael) |
| PHV Fee paid: $ 75, receipt number 1126-3414857 (ALND B4601099993). (Bachman, Charles) Modified on 8/19/2019 (KEK). |
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Filing 21
MEMORANDUM OPINION AND TEMPORARY RESTRAINING ORDER - Defendants did not file a substantive response in opposition to MSWs request for temporary injunctive relief. Instead, Defendants filed a motion to dismiss, or alternatively, motion to stay, asking the court to abstain from exercising jurisdiction over this case pending resolution of parallel litigation in Georgia state and federal court. (Doc. #16 ). The court declines Defendants invitation and DENIES Defendants motion. For the reasons stated on the record during an August 14, 2019 hearing and for the reasons explained below, the court GRANTS IN PART and DENIES IN PART MSWs request for a temporary restraining order. (Doc. #13 ). The court has set a hearing on MSWs request for a preliminary injunction for August 26, 2019. (Doc. 19 ). The court may revisit the issue of bond issue should it conclude that MSW is entitled to a preliminary injunction pending resolution of the merits of this case. Signed by Judge Annemarie Carney Axon on 8/15/2019. (KEK, )
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| Filing 20 Plaintiff's EXHIBIT by McGriff, Seibels & Williams Inc. - admitted during Motion Hearing held on 8/14/2019 re #12 MOTION for Temporary Restraining Order and Permanent Injunction (Attachments: #1 Exhibit 1)(SAC ) |
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Filing 19
TEXT ORDER: The court SETS this matter for a hearing on Plaintiff's motion for a preliminary injunction at 1:00 p.m. on August 26, 2019 in Courtroom 6B, Hugo L. Black United States Courthouse. The parties SHALL submit briefs on the motion by 12:00 p.m. (noon) on August 21, 2019. The briefs shall not exceed 35 pages. Signed by Judge Annemarie Carney Axon on 8/14/2019. (KEK)
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| Filing 18 NOTICE of Appearance by Lance W Parmer on behalf of David McMahan, Darren Sonderman, John Tanner (Parmer, Lance) |
| Filing 17 NOTICE of Appearance by Albert L Vreeland, II on behalf of David McMahan, Darren Sonderman, John Tanner (Vreeland, Albert) |
| Filing 16 MOTION to Dismiss or, in the Alternative, Motion to Stay by David McMahan, Darren Sonderman, John Tanner. (Attachments: #1 Exhibit A - Sparks Complaint, #2 Exhibit B - Sonderman Complaint, #3 Exhibit C - McCollister Complaint, #4 Exhibit D - McCollister's Motion, #5 Exhibit E - Show Cause and Rule Nisi Order)(Thompson, Michael) |
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Filing 15
TEXT ORDER Setting Hearing on Motion re #12 MOTION for Temporary Restraining Order and Permanent Injunction by McGriff, Seibels & Williams Inc.; Motion Hearing set for August 14, 2019, 2:00 PM , Courtroom 6B, Hugo L Black US Courthouse, Birmingham, AL before Judge Annemarie Carney Axon. Signed by Judge Annemarie Carney Axon on 8/14/19. (SAC )
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| Minute Entry for proceedings held before Judge Annemarie Carney Axon: Motion Hearing held on 8/14/2019 re #12 MOTION for Temporary Restraining Order and Permanent Injunction filed by McGriff, Seibels & Williams Inc. (Court Reporter Christina Decker) (SAC ) |
| Filing 14 NOTICE OF REASSIGNMENT Case Reassigned to Judge Annemarie Carney Axon. Magistrate Judge John H England, III no longer assigned to the case. Please use 2:19-cv-01196-JHE on all subsequent pleadings. (AFS) |
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Filing 13
REASSIGNMENT ORDER the clerk is DIRECTED to reassign this case to a District Judge for all further proceedings. Signed by Magistrate Judge John H England, III on 8/13/2019. (AFS)
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| Filing 12 MOTION for Temporary Restraining Order and Permanent Injunction by McGriff, Seibels & Williams Inc. (Maples, Marcus) |
| Filing 11 AMENDED COMPLAINT (VERIFIED) against All Defendants, filed by McGriff, Seibels & Williams Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Bedsole, Jenna) |
| Filing 10 NOTICE of Appearance by Marcus Monte Maples on behalf of McGriff, Seibels & Williams Inc (Maples, Marcus) |
| Filing 9 SUMMONS Returned Executed John Tanner served (no date on green card). (AFS) |
| Filing 8 SUMMONS Returned Executed Darren Sonderman served on 8/5/2019, answer due 8/26/2019. (AFS) |
| Filing 7 SUMMONS Returned Executed David McMahan served (no date on green card). (AFS) |
| Filing 6 Summons Issued as to Darren Sonderman mailed certified mail. (AFS) |
| Filing 5 Request for service by certified mail filed by McGriff, Seibels & Williams Inc. (Bedsole, Jenna) |
| Filing 4 Summons Issued as to David McMahan, Paul Sparks, John Tanner mailed certified mail. (AFS) |
| Filing 3 Request for service by certified mail filed by McGriff, Seibels & Williams Inc. (Bedsole, Jenna) |
| Filing 2 NOTICE REGARDING CONSENT of a magistrate judge in a civil action. (AFS) |
| Filing Fee: Filing fee $400, (ALND B4601099445) receipt_number 1126-3400249. related document #1 COMPLAINT against David McMahan, Darren Sonderman, Paul Sparks, John Tanner, filed by McGriff, Seibels & Williams Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(AFS). (Bedsole, Jenna) Modified on 7/30/2019 (AFS). |
| Filing 1 COMPLAINT against David McMahan, Darren Sonderman, Paul Sparks, John Tanner, filed by McGriff, Seibels & Williams Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(AFS) |
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