SA&H Alabama Holding LLC et al v. Shoemaker
| SA&H Alabama Holding LLC and Southern HVAC Corporation |
| Michael Scott Shoemaker, Gerald Rollo and One Source Heating, Cooling and Electrical, LLC |
| 5:2023cv01519 |
| November 7, 2023 |
| US District Court for the Northern District of Alabama |
| Liles C Burke |
| Herman N Johnson |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on December 29, 2023. A more recent docket listing may be available from PACER.
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| Filing 44 AMENDED COMPLAINT against Michael Scott Shoemaker, Gerald Rollo, One Source Heating, Cooling and Electrical, LLC, filed by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Attachments: #1 Exhibit A - Employment Agreement (Shoemaker), #2 Exhibit B - Employment Agreement (Rollo), #3 Exhibit C - 10/5/23 Letter to Rollo, #4 Exhibit D - 10/6/23 Letter to Shoemaker, #5 Exhibit E - 10/6/23 Letter to One Source, #6 Exhibit F - 10/6/23 Email from Dawsey, #7 Exhibit G - 10/16/23 Email from Brown to Dawsey)(Clark, John) |
| Filing 43 Brief re 38 Order, on inapplicability of Pitney Bowes. (Clark, John) |
| Filing 42 Brief on Pitney Bowes by Defendant. (Knight, Sam) |
Filing 41
ORDER: This action is SET for Mediation on 1/5/2024 at 1:00 PM in Hugo L Black US Courthouse, Birmingham, AL before Magistrate Judge Gray M Borden. By 1/3/2024 parties shall submit a confidential mediation statement to Judge Borden's chambers. Signed by Magistrate Judge Gray M Borden on 12/22/2023. (AHI)
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Filing 40
TEXT ORDER: The clerk referred this case to Magistrate Judge Borden to conduct mediation by January 19, 2024, as ordered by the court. Doc. 39. The parties are DIRECTED to jointly contact chambers by the end of business tomorrow, December 22, 2023, via email (borden_chambers@alnd.uscourts.gov), and provide three dates on which counsel and a representative for each party with full settlement authority may be available for mediation. Signed by Magistrate Judge Gray M. Borden on 12/21/2023. (SUH)
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Filing 39
ORDER: The Court DIRECTS the Clerk of Court to refer this case to a United States Magistrate Judge to hold a settlement conference. The parties shall conduct the settlement conference by 1/19/2024. Signed by Judge Liles C Burke on 12/20/2023. (AHI)
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Filing 38
TEXT ORDER: The Court ORDERS the parties to file a brief discussing Pitney Bowes, Inc. v. Berney Off. Sols., 823 So. 2d 659 (Ala. 2001), and its application to this case by December 27, 2023. Signed by Judge Liles C Burke on 12/19/2023. (AHI)
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Filing 37
TEXT ORDER that the Court GRANTS the #29 Motion for Settlement Conference. Signed by Judge Liles C Burke on 12/19/23. (SPT )
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| Filing 36 REPLY to Response to Motion re #29 MOTION For Settlement Conference filed by Michael Scott Shoemaker. (Knight, Sam) |
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Filing 35
TEXT ORDER that a Telephone Conference regarding the #29 MOTION For Settlement Conference filed by Michael Scott Shoemaker is set for 11:30 a.m. CST on Tuesday, 12/19/23; dial in information will be emailed to counsel. Signed by Judge Liles C Burke on 12/19/23. (SPT )
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| Filing 34 Opposition to re #29 filed by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Clark, John) |
| Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference held on 12/19/2023; John Clarke present for plaintiffs; Sam David Knight present for defendant. (SPT ) |
| Filing 33 Plaintiff Exhibit List of Motion Hearing held 12/12/23 by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Attachments: #1 PX Exhibit 1 Filed Under Seal, #2 PX Exhibit 2, #3 PX Exhibit 3, #4 PX Exhibit 4, #5 PX Exhibit 5 Filed Under Seal, #6 PX Exhibit 6, #7 PX Exhibit 7, #8 PX Exhibit 8, #9 PX Exhibit 9, #10 PX Exhibit 10, #11 PX Exhibit 11, #12 PX Exhibit 12, #13 PX Exhibit 13, #14 PX Exhibit 14)(SPT) (Additional attachment(s) added on 12/18/2023: #15 Sealed Exhibit, #16 Sealed Exhibit Part 1, #17 Sealed Exhibit Part 2) (SPT, ). |
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Filing 32
TEXT ORDER that a Telephone Conference regarding the #29 MOTION For Settlement Conference filed by Michael Scott Shoemaker is set for 1:30 p.m. on Monday, 12/18/23; dial in information will be emailed to counsel. Signed by Judge Liles C Burke on 12/18/23. (SPT )
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| Filing 31 Defendant Exhibit List of Motion Hearing held 12/12/23 by Michael Scott Shoemaker. (Attachments: #1 DX Exhibit 1, #2 DX Exhibit 2, #3 DX Exhibit 3)(SPT ) |
| Filing 30 Transcript of Proceedings held on 12/12/2023, before Judge Judge Liles C. Burke. 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 1/8/2024. Redacted Transcript Deadline set for 1/18/2024. Release of Transcript Restriction set for 3/17/2024. (LCB) |
| Filing 29 MOTION For Settlement Conference by Michael Scott Shoemaker. (Knight, Sam) |
| Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference on 12/18/2023 not held. (SPT ) |
| Minute Entry for proceedings held before Judge Liles C Burke: Motion Hearing held on 12/12/2023; John Clark, IV present for plaintiffs; Sam David Knight present for defendant; Cross and Direct of Witnesses; Exhibits ID'd and Admitted; hrg adj. (Court Reporter Christina Decker.) (SPT ) |
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Filing 28
STIPULATION FOR PROTECTIVE ORDER: The Court GRANTS the joint motion for entry of a Protective Order and certain documents and information shall remain confidential as set out in this order. Signed by Judge Liles C Burke on 12/11/2023. (AHI)
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Filing 27
TEXT ORDER granting Matthew T. Brown #24 Leave to Appear Pro Hac Vice. Signed by Judge Liles C Burke on 12/11/23. (SPT )
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Filing 26
TEXT ORDER granting Robert O. Sheridan #23 Leave to Appear Pro Hac Vice. Signed by Judge Liles C Burke on 12/11/23. (SPT )
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| Filing 25 RESPONSE to Motion re #3 MOTION for Preliminary Injunction and Temporary Restraining Order filed by Michael Scott Shoemaker. (Attachments: #1 Exhibit Ex 1 MSS Dec, #2 Exhibit Ex 2 SHVAC_00155, #3 Exhibit Ex 3 SHVAC_00156, #4 Exhibit Ex 4 Def Responses to Rogs, #5 Exhibit Ex 5 Map, #6 Exhibit Ex 6 SHVAC_00060, #7 Exhibit Ex 7 RT Dec, #8 Exhibit Ex 8 Service Titan, #9 Exhibit Ex 9 Plf's Resp to Rogs, #10 Exhibit Ex 10 Gerstman Dec)(Knight, Sam) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice of Matthew T. Brown by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Attachments: #1 Exhibit Certificate of Good Standing)(Clark, John) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice of Robert O. Sheridan by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Attachments: #1 Exhibit Certificate of Good Standing)(Clark, John) |
| PHV Fee paid: $ 75, receipt number AALNDC-4485380 (B-8959). (Clark, John) |
| PHV Fee paid: $ 75, receipt number AALNDC-4485377 (B-8958). (Clark, John) |
| Filing 22 Joint MOTION for Protective Order by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Attachments: #1 Text of Proposed Order Stipulation for Protective Order)(Clark, John) |
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Filing 21
ORDER that the Court GRANTS the Plaintiffs #18 Motion for Expedited Discovery to the extent set out in order. Signed by Judge Liles C Burke on 11/28/23. (SPT )
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| Minute Entry for proceedings held before Judge Liles C Burke: Telephone Conference regarding the Motion to Expedite Discovery #18 held on 11/28/2023; John Clark present for plaintiffs; Sam Knight and Christopher Driver present for defendant. (Court Reporter Christina Decker.) (SPT ) |
| Filing 20 RESPONSE to Motion re #18 MOTION to Expedite Discovery filed by Michael Scott Shoemaker. (Knight, Sam) |
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Filing 19
TEXT ORDER that a Telephone Conference regarding the #18 MOTION to Expedite Discovery filed by SA&H Alabama Holding LLC, Southern HVAC Corporation is set for 9:30 a.m. on Tuesday, 11/28/23; dial in information will be emailed to counsel prior to call. Signed by Judge Liles C Burke on 11/27/23. (SPT )
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| Filing 18 MOTION to Expedite Discovery by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Clark, John) |
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Filing 17
TEXT ORDER that a Motion Hearing regarding the #3 MOTION for Preliminary Injunction and Temporary Restraining Order is set for 10:00 a.m. on Tuesday, 12/12/23, in the Federal Courthouse, Huntsville, AL before the undersigned. Signed by Judge Liles C Burke on 11/21/23. (SPT)
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Filing 16
TEXT ORDER granting #15 Motion for Preliminary Injunction Hearing. Signed by Judge Liles C Burke on 11/21/23. (SPT )
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| Filing 15 MOTION for Preliminary Injunction Hearing by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Clark, John) Modified on 11/21/2023 (SPT, ). |
| Filing 14 WAIVER OF SERVICE Returned Executed by SA&H Alabama Holding LLC, Southern HVAC Corporation. Michael Scott Shoemaker waiver sent on 11/20/2023, answer due 1/19/2024. (Clark, John) |
| Filing 13 Corporate Disclosure Statement by Southern HVAC Corporation. filed by Southern HVAC Corporation (Clark, John) |
| Filing 12 Corporate Disclosure Statement by SA&H Alabama Holding LLC. filed by SA&H Alabama Holding LLC (Clark, John) |
| Filing 10 NOTICE of Appearance by Christopher B Driver on behalf of Michael Scott Shoemaker (Driver, Christopher) |
| Filing 9 NOTICE of Appearance by Sam David Knight on behalf of All Defendants (Knight, Sam) |
| Filing 11 Summons Issued by clerk and delivered to plaintiff for service as to Michael Scott Shoemaker. (AHI) |
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Filing 8
ORDER: The Court CANCELS the TRO Hearing set for 11/15/2023 and it will be reset by further order and MOOTS the #7 MOTION to clarify Court's order (Doc. #6) regarding TRO hearing. Signed by Judge Liles C Burke on 11/14/2023. (AHI)
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| Filing 7 MOTION to clarify Court's order (Doc. #6) regarding TRO hearing by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Clark, John) |
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Filing 6
ORDER: This matter is set for a hearing on the plaintiffs' Motion for a TRO on 11/15/2023 at 1:30 PM in Federal Courthouse, Huntsville, AL before Judge Liles C Burke. Signed by Judge Liles C Burke on 11/13/2023. (AHI)
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| Filing 5 Notice of Reassignment: This action is reassigned to the Honorable Liles C. Burke, please use case number 5:23-cv-01519-LCB on all subsequent pleadings. Magistrate Judge Herman N Johnson, Jr no longer assigned to case (LCB) |
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Filing 4
ORDER: The Clerk is DIRECTED to reassign the case to a District Judge for all further proceedings. Signed by Magistrate Judge Herman N Johnson, Jr on 11/13/2023. (LCB)
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| Filing 3 MOTION for Preliminary Injunction and Temporary Restraining Order by SA&H Alabama Holding LLC, Southern HVAC Corporation. (Attachments: #1 Affidavit Declaration of J. Brinker, #2 Exhibit A to Declaration of J. Brinker (Employment Agmt), #3 Exhibit B to Declaration of J. Brinker (3/1/23 Email by Shoemaker), #4 Affidavit Declaration of M. Brown, #5 Exhibit A to Declaration of M. Brown (One Source Website), #6 Exhibit B to Declaration of M. Brown (10/6/23 LT to Shoemaker), #7 Exhibit C to Declaration of M. Brown (10/17/23 Shoemaker Email), #8 Exhibit D to Declaration of M. Brown (10/6/23 LT to One Source), #9 Exhibit E to Declaration of M. Brown (10/6/23 Email from M. Dawsey), #10 Exhibit F to Declaration of M. Brown (10/16/23 Email from M. Brown))(Clark, John) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4467331 (B-8454). related document #1 COMPLAINT against Michael Scott Shoemaker, filed by SA&H Alabama Holding LLC, Southern HVAC Corporation.(LCB). (Clark, John) |
| Filing 2 NOTICE of assignment of case to a United States Magistrate Judge for trial. (LCB) |
| Filing 1 COMPLAINT against Michael Scott Shoemaker, filed by SA&H Alabama Holding LLC, Southern HVAC Corporation.(LCB) |
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