Molnar v. Midstate Mechanical Incorporated et al
| Robert Molnar |
| Midstate Mechanical Incorporated, David Jones and Dennett Jones |
| 2:2021cv01819 |
| October 28, 2021 |
| U.S. District Court for the District of Arizona |
| Dominic W Lanza |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1001 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 61 MINUTE ORDER RE: EXHIBITS: IT IS HEREBY ORDERED that the exhibits marked and/or admitted in the above-entitled case at the time of the trial/hearing are returned to respective counsel (see attached minute order for details). (MAW) |
| Filing 60 Witness List by David Jones, Dennett Jones and Midstate Mechanical Incorporated. (MAW) |
| Filing 59 Witness List by Robert Molnar. (MAW) |
| Filing 58 Exhibit List by David Jones, Dennett Jones and Midstate Mechanical Incorporated. (MAW) |
| Filing 57 Exhibit List by Robert Molnar. (MAW) |
Filing 56
ORDER: IT IS HEREBY ORDERED as follows: A. Plaintiff's amended application for preliminary injunction (Doc. #23 ) is granted. B. Defendants must preserve, place in an interest-bearing account, and refrain from dissipating $2,807,350 of the consideration received by Midstate or its owners in connection with the Transaction. C. Transaction means the transaction contemplated by the draft Stock Purchase Agreement, a version of which is attached as Exhibit 4 to the complaint, between Defendants, Midstate Holdings, Inc., and Kassel Mechanical, LLC ("Kassel") and any transaction between Midstate and Kassel of a similar nature or purpose. D. Plaintiff need not post a bond [see attached Order for details].. Signed by Judge Dominic W Lanza on 12/22/21. (MAW)
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| Filing 55 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Evidentiary Hearing (Day 2) held on 12/22/2021. For reasons as stated on the record, IT IS ORDERED granting Plaintiff's Motion for Preliminary Injunction (Doc. #23 ) [see attached minute entry for details]. (Court Reporter Candy Potter. Hearing held 10:01 AM to 3:34 PM.(MAW) |
| Filing 54 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Evidentiary Hearing (Day 1) held on 12/21/2021. IT IS ORDERED granting Defendants' Rule 12(b)(6) Motion to Dismiss (Doc. #35 ) and Counts 3 through 5 of the Complaint are dismissed. Evidence entered. Hearing continued to 12/22/2021 [see attached minute entry for details]. (Court Reporter Candy Potter) Hearing held 2:29 PM to 5:56 PM.(MAW) |
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Filing 52
ORDER: IT IS ORDERED that Defendants' unopposed motion for witness to testify virtually at telephonic hearing (Doc. #48 ) is granted. Witness Tom Werner may testify via videoconferencing at the evidentiary hearing on Plaintiff's Modified Application for Preliminary Injunction (Doc. #23 ) set for December 21, 2021 at 2:00 p.m. The Court's Courtroom Deputy will email the Zoom instructions to defense counsel to send to Mr. Werner. Mr. Werner shall have a full set of the hearing exhibits available to him during his testimony. IT IS FURTHER ORDERED that the hearing is reset in location only to Courtroom 602. Ordered by Judge Dominic W Lanza on 12/17/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 51 REPLY to Response to Motion re: #23 MOTION for Preliminary Injunction re Dkt 2 and 5 filed by Robert Molnar. (Attachments: #1 Exhibit 1)(Waugh, Craig) |
| Filing 50 REPLY to Response to Motion re: #35 MOTION to Dismiss Counts/Claims : 3,4 and 5 Defendants' Rule 12(b)(6) Motion to Dismiss filed by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Martin, Aaron) |
| Filing 49 NOTICE re: Notice for Expedited Consideration by David Jones, Dennett Jones, Midstate Mechanical Incorporated re: #48 MOTION Witness to Testify Virtually Defendants' Unopposed Motion for Witness to Testify Virtually at Evidentiary Hearing . (Martin, Aaron) |
| Filing 48 MOTION Witness to Testify Virtually Defendants' Unopposed Motion for Witness to Testify Virtually at Evidentiary Hearing by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Attachments: #1 Proposed Order)(Martin, Aaron) |
| Filing 53 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION FOR TEMPORARY RESTRAINING ORDER proceedings held on 12/13/2021, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/10/2022. Redacted Transcript Deadline set for 1/20/2022. Release of Transcript Restriction set for 3/21/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 12/20/2021 (RAP). |
| Filing 47 RESPONSE in Opposition re: #35 MOTION to Dismiss Counts/Claims : 3,4 and 5 Defendants' Rule 12(b)(6) Motion to Dismiss filed by Robert Molnar. (Waugh, Craig) |
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Filing 46
ORDER: As discussed during the hearing on December 13, 2021, Plaintiff's motion for temporary restraining order ("TRO") is granted in part and denied in part [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/14/21. (MAW)
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| Filing 45 TRANSCRIPT REQUEST by Robert Molnar for proceedings held on 12/13/2021, Judge Dominic W Lanza hearing judge(s). (Orne, Kyle) |
| Filing 44 TRANSCRIPT REQUEST by David Jones, Dennett Jones, Midstate Mechanical Incorporated for proceedings held on 12/13/2021, Judge Dominic W Lanza hearing judge(s). (Martin, Aaron) |
| Filing 43 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Motion Hearing held on 12/13/2021 re: Plaintiff's Motion for Temporary Restraining Order (Doc. #37 ). Argument held. On the Court's own Motion, and counsel having no objection, the briefing deadline regarding Defendants' Rule 12(b)(6) Motion to Dismiss is set as follows: Plaintiff's response shall be filed no later than December 15, 2021; Defendants' reply shall be filed no later than 5:00 p.m., December 20, 2021. 11:55 a.m. Recess. 12:01 p.m. Reconvene. Matter is discussed. For reasons as stated on the record, IT IS ORDERED granting in part and denying in part Plaintiff's Motion for Temporary Restraining Order (Doc. #37 ). The motion is granted regarding the request to temporarily put aside the money pending the Preliminary Injunction Hearing and denying the motion regarding the request to enjoin the sale. The Court advises counsel it will not set a bond amount. This ruling is without prejudice to Plaintiff arguing this further at the preliminary injunction hearing. However, IT IS ORDERED directing Defendants to set aside $2.66 million pending the Preliminary Injunction Hearing. 12:24 p.m. Court is adjourned. APPEARANCES: Kyle Orne and Madeline Cordray for Plaintiff. Aaron Martin for Defendants. Defendant David Jones is present. (Court Reporter Candy Potter) Hearing held 11:08 AM to 11:55 AM and 12:01 PM to 12:24 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) |
| Filing 42 NOTICE of Appearance by Madeline Averi Cordray on behalf of Robert Molnar. (Cordray, Madeline) |
| Filing 41 RESPONSE in Opposition re: #37 MOTION for Temporary Restraining Order Defendants' Response to Application for Temporary Restraining Order with Notice filed by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B)(Martin, Aaron) |
| Filing 40 RESPONSE in Opposition re: #23 MOTION for Preliminary Injunction re Dkt 2 and 5 Defendants' Response to Modified Application for Preliminary Injunction filed by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Martin, Aaron) |
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Filing 38
ORDER: IT IS ORDERED that a Hearing on Plaintiff's Motion for Temporary Restraining Order with Notice (Doc. #37 ) is set for Monday, December 13, 2021 at 11:00 a.m. Arizona time in Courtroom 502 of the Sandra Day O'Connor United States Courthouse before Judge Dominic W Lanza.. IT IS FURTHER ORDERED that Defendants' Response is due by 9:00 a.m. on December 13, 2021. Ordered by Judge Dominic W Lanza on 12/10/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 37 MOTION for Temporary Restraining Order by Robert Molnar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order)(Waugh, Craig) |
| Filing 36 NOTICE of Service of Discovery filed by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Martin, Aaron) |
| Filing 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 11/09/2021, before Judge DOMINIC W. LANZA. [Court Reporter: Hilda E. Lopez, RMR, FCRR, Telephone number (602) 322-7256]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 12/10/2021 (RAP). |
| Filing 35 MOTION to Dismiss Counts/Claims : 3,4 and 5 Defendants' Rule 12(b)(6) Motion to Dismiss by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Attachments: #1 Certificate of Conferral)(Martin, Aaron) |
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Filing 34
ORDER: IT IS ORDERED that Plaintiff's unopposed motion to conduct accelerated discovery and set schedule regarding preliminary injunction (Doc. #24 ) and Plaintiff's motion to expedite (Doc. #25 ) are granted. The parties are excused from the scheduling and planning requirements of Rules 16(b) and 26(f) and the meet and confer requirements of Rule 26(d) of the Federal Rules of Civil Procedure with respect to discovery relevant to Plaintiff's Modified Application for Preliminary Injunction. The parties are permitted to engage in expedited and accelerated discovery, to be concluded by December 17, 2021. The parties must respond to interrogatories and requests for production within 10 calendar days of service, which includes service by electronic methods. IT IS FURTHER ORDERED that an evidentiary hearing on Plaintiff's Modified Application for Preliminary Injunction (Doc. #23 ) is set for December 21, 2021 at 2:00 p.m. in Courtroom 601 of the Sandra Day O'Connor United States Courthouse. Ordered by Judge Dominic W Lanza on 11/29/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 33 NOTICE of Service of Discovery filed by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Martin, Aaron) |
| Filing 32 SERVICE EXECUTED filed by Robert Molnar: Certificate of Service re: Verified Complaint and Demand for Jury Trail (REDACTED); Application For Temporary Restraining Order And Preliminary Injunction With Notice (REDACTED); Plaintiff's Motion to File the Unredacted Complaint,the Exhibits Attached Thereto, and Unredacted Application for Temporary Restraining Order Under Seal; Proposed Order Granting Motion to Seal; Verified Complaint and Demand for Jury Trial (SEALED); Application For Temporary Restaining Order And Preliminary Injunction With Notice (SEALED); Summons to Midstate Mechanical; Blank Magistrate Form; Summons to David Jones; Certificate of Conferral; Preliminary Order; Order regarding Motion to Seal; et al. upon David Jones on 11/1/2021. (Waugh, Craig) |
| Filing 31 SERVICE EXECUTED filed by Robert Molnar: Certificate of Service re: Summons, Order, Preliminary Order, Application for Temporary Restraining Order and Preliminary Injunction with Notice (Filed under Seal); Application for Temporary Restraining Order and Preliminary Order With Notice (Redacted); Verified Complaint and Demand for Jury Trial (Filed Under Seal); Verified Complaint and Demand for Jury Trial (Redacted); Certificate of Conferral; Notice of Availability of U.S. Magistrate Judge to Exercise Jurisdiction; Civil Cover Sheet upon Midstate Mechanical, Inc. on 11/1/2021. (Waugh, Craig) |
| Filing 30 NOTICE of Service of Discovery filed by Robert Molnar. (Waugh, Craig) |
| Filing 29 AMENDED TRANSCRIPT REQUEST pursuant to 28 Notice of Deficiency by Robert Molnar for proceedings held on 11/09/2021, Judge Dominic W Lanza hearing judge(s). (Waugh, Craig) |
| Filing 28 NOTICE TO FILER OF DEFICIENCY re: AO435 #26 Transcript Request filed by Robert Molnar. Item 18 - ORDER: E-mail address not provided where e-mail copy should be sent. FOLLOW-UP ACTION REQUIRED: Please refile and provide an email address for delivery. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP) |
| Filing 27 TRANSCRIPT REQUEST by David Jones, Dennett Jones, Midstate Mechanical Incorporated for proceedings held on 11/09/2021, Judge Dominic W Lanza hearing judge(s). (Martin, Aaron) |
| Filing 26 TRANSCRIPT REQUEST by Robert Molnar for proceedings held on 11/09/2021, Judge Dominic W Lanza hearing judge(s). (Waugh, Craig) |
| Filing 25 MOTION to Expedite Consideration of Plaintiff's Unopposed Motion to Conduct Accelerated and Expedited Discovery and Set Schedule Regarding Preliminary Injunction by Robert Molnar. (Attachments: #1 Proposed Order)(Waugh, Craig) |
| Filing 24 MOTION for Discovery (Unopposed Motion to Conduct Accelerated and Expedited Discovery and Set Scheduling Regarding Preliminary Injunction) by Robert Molnar. (Attachments: #1 Proposed Order)(Waugh, Craig) |
| Filing 23 AMENDED MOTION for Preliminary Injunction re Dkt 2 and 5 by Robert Molnar. (Attachments: #1 Proposed Order Proposed Preliminary Injunction)(Waugh, Craig) |
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Filing 22
ORDER: IT IS ORDERED that the parties' stipulation (Doc. #21 ) is granted. The deadline for Defendants to respond to the complaint is extended to December 3, 2021. Ordered by Judge Dominic W Lanza on 11/18/21. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
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| Filing 21 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Complaint Stipulation for Extension of Time to Answer or Otherwise Respond to Complaint by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Attachments: #1 Proposed Order)(Martin, Aaron) |
| Filing 20 MINUTE ENTRY for proceedings held before Judge Dominic W. Lanza: Motion Hearing held on 11/9/2021. Oral argument heard. For reasons set forth on the record, IT IS ORDERED denying #2 Plaintiff's Motion for Temporary Restraining Order. The parties are to confer and file with the Court a proposed briefing schedule as to the Motion for Preliminary Injunction. APPEARANCES: Craig Waugh and Kyle Orne for Plaintiff. Aaron Martin for Defendants. (Court Reporter Hilda Lopez) Hearing held 10:33 AM to 11:57 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (ESG) |
| Filing 19 REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Robert Molnar. (Attachments: #1 Exhibit 1)(Waugh, Craig) |
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Filing 18
ORDER granting #17 Motion. The Clerk of Court shall make the materials submitted under seal at Docs. #4 and #5 part of the public record. Signed by Judge Dominic W Lanza on 11/5/21. (MAP)
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| Filing 17 MOTION re Docket Entries 4 and 5 re: #11 Order on Motion to Seal Document, #3 MOTION to Seal Document by Robert Molnar. (Attachments: #1 Proposed Order)(Waugh, Craig) |
| Filing 16 RESPONSE in Opposition re: #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction Defendants' Response to Application for Temporary Restraining Order and Preliminary Injunction With Notice and Memorandum and Affidavits in Support filed by David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B)(Martin, Aaron) |
| Filing 15 Corporate Disclosure Statement by Midstate Mechanical Incorporated. (Martin, Aaron) |
| Filing 14 NOTICE of Appearance by Aaron Thomas Martin on behalf of David Jones, Dennett Jones, Midstate Mechanical Incorporated. (Martin, Aaron) |
| Filing 13 NOTICE re: Service by Robert Molnar re: #10 Order, Set Deadlines . (Waugh, Craig) |
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Filing 12
ORDER: IT IS ORDERED setting a hearing on Plaintiff's TRO motion (Doc. #2 ) on Tuesday, November 9, 2021 at 10:30 a.m. (Arizona time) before District Judge Dominic Lanza in Courtroom 601, Sandra Day O'Connor Federal Courthouse, 401 West Washington Street, Phoenix, Arizona 85003. Each side shall have 45 minutes to make legal argument to the Court [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/29/21. (MAW)
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Filing 11
ORDER denying without prejudice #3 Motion to Seal. FURTHER ORDERED that Plaintiff file a renewed motion to seal that conforms with this order, accompanied by an unredacted version lodged under seal containing highlighting to facilitate the Court's review, by November 5, 2021. Signed by Judge Dominic W Lanza on 10/29/21. (MAP)
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Filing 10
PRELIMINARY ORDER: IT IS ORDERED: 1. That Plaintiff(s) must promptly serve a copy of this Order on Defendant (s) and file a notice of service with the Clerk of Court; 2. That, unless the Court orders otherwise, on January 27, 2022, the Clerk of Court shall terminate without further notice any Defendant in this action that has not been served pursuant to Rule 4(m) of the Federal Rules of Civil Procedure [see attached Order for details]. Signed by Judge Dominic W Lanza on 10/29/21. (MAW)
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| Filing 9 Additional Attachments to Main Document re: #3 MOTION to Seal Document by Plaintiff Robert Molnar. (Waugh, Craig) |
| Filing 8 Summons Issued as to David Jones, Midstate Mechanical Incorporated. (Attachments: #1 Summons)(MCO). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 7 Filing fee paid, receipt number 0970-20014456. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-21-1819-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MCO) |
| Filing 6 SUMMONS Submitted by Robert Molnar. (Waugh, Craig) (Attachments: #1 Summons)(MCO) |
| Filing 5 *MOTION DENIED By Doc. #11 *SEALED LODGED Proposed Unredacted Application for Temporary Restraining Order and Preliminary Injunction with Notice re: #3 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Robert Molnar. (MFR) *Modified on 10/29/2021 (MAP). |
| Filing 4 *MOTION DENIED By Doc. #11 * SEALED LODGED Proposed Unredacted Verified Complaint and Demand for Jury Trial re: #3 MOTION to Seal Document. Document to be filed by Clerk if Motion or Stipulation to Seal is granted. Filed by Robert Molnar. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(MFR) *Modified to correct file date from 10/29/2021 to 10/28/2021 on 10/29/2021 (MFR). *Modified on 10/29/2021 (MAP). |
| Filing 3 MOTION to File the Unredacted Complaint, the Exhibits Attached Thereto, and Unredacted Application for Temporary Restraining Order Under Seal by Robert Molnar. (Waugh, Craig) (Attachments: #1 Proposed Order)(MFR) |
| Filing 2 APPLICATION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION WITH NOTICE (REDACTED) by Robert Molnar. (Waugh, Craig) (Attachments: #1 Exhibit, #2 Proposed Order)(MCO) |
| Filing 1 COMPLAINT (REDACTED) (TRO Requested). Filing fee received: $ 402.00, receipt number 0970-20014456 filed by Robert Molnar. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Exhibits 1-13 to Filed UNDER SEAL)(MCO) |
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