Blackburn et al v. Growlife, Inc. et al
| Brad Mickelsen and William Blackburn |
| Growlife, Inc., Mark Scott and Marco Hegyi |
| 2:2020cv01855 |
| September 14, 2020 |
| US District Court for the Eastern District of California |
| Carolyn K Delaney |
| Morrison C England |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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| Document Text |
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| Filing 33 RESPONSE to #24 Opposition by William Blackburn, Brad Mickelsen. (Attachments: #1 Declaration of William Blackburn, #2 Declaration of Treven Tilbury, #3 Declaration of Raymond Matteson, #4 Declaration of Brad Mickelsen, #5 Objections to Declaration of Marco Hegyi)(Tilbury, Treven) Modified on 11/9/2020 (Huang, H). |
| Filing 32 ANSWER by William Blackburn, Brad Mickelsen.(Tilbury, Treven) |
Filing 31
ORDER signed by Senior Judge Morrison C. England, Jr. on 10/23/2020 GRANTING #25 Request for Leave to File a Response to #24 Opposition to Order to Show Cause. Plaintiffs' response and any supporting documents shall be filed no later than 11/6/2020, and Defendants' reply, if any, shall be filed no later than 11/13/2020. (Huang, H)
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| Filing 30 RESPONSE by Growlife, Inc. to #29 Objections. (Armstrong, John) |
| Filing 29 OBJECTIONS by Plaintiffs William Blackburn, Brad Mickelsen to #28 Request for Judicial Notice. (Tilbury, Treven) |
| Filing 28 REQUEST for JUDICIAL NOTICE in support of #24 Opposition by Growlife, Inc. (Armstrong, John) Modified on 10/20/2020 (Huang, H). |
| Filing 27 ANSWER with Jury Demand, FIRST AMENDED COUNTERCLAIM against All Plaintiffs by Growlife, Inc. (Armstrong, John) Modified on 10/19/2020 (Huang, H). |
| Filing 26 DECLARATION of Treven Tilbury In Support Of #25 Ex Parte Application. (Tilbury, Treven) Modified on 10/16/2020 (Coll, A). |
| Filing 25 EX PARTE APPLICATION to FILE RESPONSE by William Blackburn, Brad Mickelsen to #24 Opposition to Order to Show Cause. (Attachments: #1 Declaration of Treven Tilbury, #2 Proposed Order)(Tilbury, Treven) Modified on 10/16/2020 (Coll, A). |
| Filing 24 OPPOSITION by Defendant Growlife, Inc. to 20 Minute Order. (Attachments: #1 Declaration)(Thomason, Ryan) |
| Filing 23 ANSWER with Jury Demand and COUNTERCLAIM against William Blackburn, Brad Mickelsen by Growlife, Inc. (Armstrong, John) Modified on 10/13/2020 (Coll, A). |
| Filing 22 TRANSCRIPT of Proceedings, Motion for Preliminary Injunction held on September 29, 2020, before Senior Judge Morrison C. England, Jr, filed by Court Reporter Kacy Barajas, Phone number 916-426-7640 E-mail kbarajas.csr@gmail.com. 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. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 10/30/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/7/2021. (Barajas, K) |
| Filing 21 TRANSCRIPT REQUEST by William Blackburn, Brad Mickelsen for proceedings held on September 29, 2020 before Judge Morrison C. England, Jr.. Court Reporter Kacy Barajas. (Tilbury, Treven) |
| Filing 20 MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court heard oral argument on Plaintiffs' Motion for Preliminary Injunction at which time Defense counsel admitted to both the existence of a contract and a breach of that contract. In light of the pleadings, oral argument, and Defense counsel's admissions, the Court finds that Plaintiffs have demonstrated they are likely to succeed on the merits and that they are likely to suffer irreparable harm in the absence of preliminary injunctive relief. Therefore, Plaintiffs' Motion #4 is GRANTED and Defendants are hereby enjoined from taking the following actions: (1) changing the EZC corporate governance pending a determination on the merits; (2) removing Plaintiff Blackburn as the CEO and President of EZC; (3) impinging on the authority granted to Plaintiff Blackburn under the purchase-and-sale agreement; (4) attempting to impose any obligation upon EZC or its officers to transfer funds to Growlife, Inc.; and (5) taking any further actions to attempt to redirect EZC revenues directly to Growlife, Inc. Furthermore, given the admissions of Defense counsel, Defendants are hereby ordered to file an order to show cause as to why judgment should not be entered for Plaintiffs no later than fourteen (14) days after the issuance of the minute order. (Deutsch, S) |
| Filing 19 MINUTES (Text Only) for proceedings held via video conference before Senior Judge Morrison C. England, Jr.: MOTION HEARING held on 9/29/2020. After argument from counsel, the Court DENIED ECF No. #18 and SUBMITTED Plaintiffs' Motion for Preliminary Injunction. A written order will issue forthwith. Plaintiffs' Counsel Treven Tilbury, present. Defendants' Counsel John Armstrong, present. Court Reporter: Kacy Barajas. ECRO Clerk: Tiffany Brown. (Deutsch, S) |
| Filing 18 PROPOSED ORDER re Cross-Motion to Dissolve TRO. (Armstrong, John) Modified on 9/30/2020 (Tupolo, A). |
| Filing 17 RESPONSE by Growlife, Inc., Marco Hegyi, Mark Scott to #12 Reply. (Armstrong, John) Modified on 9/29/2020 (Tupolo, A). |
| Filing 16 RESPONSE by Growlife, Inc., Marco Hegyi, Mark Scott to #12 Reply. (Armstrong, John) |
| Filing 15 RESPONSE by Growlife, Inc., Marco Hegyi, Mark Scott to #12 Reply. (Armstrong, John) |
| Filing 14 RESPONSE by Growlife, Inc., Marco Hegyi, Mark Scott to #4 Ex Parte Application. (Armstrong, John) Modified on 9/29/2020 |
| Filing 13 OPPOSITION to Defendant's #4 Motion for Preliminary Injunction filed by William Blackburn, Brad Mickelsen. (Tilbury, Treven) Modified on 9/29/2020 (Tupolo, A). |
| Filing 12 REPLY by William Blackburn, Brad Mickelsen in support of #4 Ex Parte Application. (Attachments: #1 Response Objection to Defendant's Evidence, #2 Declaration of Brad Mickelsen, #3 Declaration of Treven Tilbury, #4 Exhibit A, #5 Declaration of William Blackburn, #6 Exhibit A)(Tilbury, Treven) Modified on 9/29/2020 (Tupolo, A). |
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Filing 11
STIPULATION and ORDER signed by Senior Judge Morrison C. England, Jr. on 9/24/2020 WAIVING Defendants' right to appear personally at the 9/29/2020 hearing. Defendants shall appear through their counsel via videoconference or as otherwise directed by the Court. (Huang, H)
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| Filing 10 OPPOSITION to #4 Motion for Preliminary Injunction by Growlife, Inc., Marco Hegyi, Mark Scott. (Attachments: #1 Declaration of Mark Scott, #2 Declaration of Marco Hegyi)(Armstrong, John) Modified on 9/25/2020 (Huang, H). |
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Filing 9
ORDER signed by Senior Judge Morrison C. England, Jr on 9/24/2020 GRANTING #7 Waiver of personal appearance and consent to video conference hearing scheduled for 9/29/2020, as to Brad Mickelsen, William Blackburn. (Reader, L)
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| Filing 8 PROPOSED ORDER re Waiver of Personal Appearance by Marco Hegyi, Mark Scott. by Marco Hegyi, Mark Scott. (Thomason, Ryan) |
| Filing 7 PROPOSED ORDER re Waiver of Personal Appearance by William Blackburn, Brad Mickelsen. (Tilbury, Treven) |
| Filing 6 CLERK'S NOTICE of DOCKET CORRECTION as to ECF No. 5. The parties are directed to disregard ECF No. 5 as filed in error. AMENDED MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has received Plaintiffs' Ex Parte Application for a Temporary Restraining Order #4 . After reviewing the Application, the Court finds that Plaintiffs have demonstrated they are likely to succeed on the merits and that they are likely to suffer irreparable harm in the absence of preliminary injunctive relief. Therefore, Plaintiffs' Application for a Temporary Restraining Order is GRANTED. This matter is set for a preliminary injunction hearing on Tuesday, September 29, 2020, at 11:00 AM by videoconference. Defendants' Opposition shall be filed no later than Thursday, September 24, 2020, and Plaintiffs' Reply, if any, shall be filed no later than Monday, September 28, 2020. No bond shall be required. Given the hearing will be conducted by videoconference, not later than seven (7) days prior to the hearing (or any continued hearing date where remote appearances will be necessary) the parties are directed to file with the Court: (1) a waiver of the appearing party's personal appearance signed by the party; and (2) a proposed order addressing the same. If the parties fail to timely comply with this order, the matter may be continued on the Court's own motion without further notice. Finally, the Court wants to make clear that given the COVID-19 pandemic and the closure of the courthouse, last minute requests for hearing on motions are both disfavored and unlikely to be heard by the Court given their short notice, especially when the nature of the action is contractual and the remedy sought is monetary. (Deutsch, S) Modified on 9/16/2020 (Deutsch, S). |
| Filing 5 [DISREGARD AS ERROR. SEE ECF No. 6] MINUTE ORDER (Text Only) issued by courtroom deputy for Senior District Judge, Morrison C. England, Jr.: The Court has received Plaintiffs' Ex Parte Application for a Temporary Restraining Order #4 . After reviewing the Application, the Court finds that Plaintiffs have demonstrated they are likely to succeed on the merits and that they are likely to suffer irreparable harm in the absence of preliminary injunctive relief. Therefore, Plaintiffs' Application for a Temporary Restraining Order is GRANTED. This matter is set for a preliminary injunction hearing on Thursday, October 1, 2020, at 11:00 AM by videoconference. Defendants' Opposition shall be filed no later than Thursday, September 24, 2020, and Plaintiffs' Reply, if any, shall be filed no later than Monday, September 28, 2020. No bond shall be required. (Deutsch, S) Modified on 9/16/2020 (Deutsch, S). |
| Filing 4 EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause re Preliminary Injunction by William Blackburn, Brad Mickelsen. (Attachments: #1 TRO Checklist, #2 Points and Authorities, #3 Declaration of Treven Tilbury, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Declaration of William Blackburn, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Exhibit F, #14 Exhibit G, #15 Exhibit H, #16 Exhibit I, #17 Exhibit J, #18 Exhibit K, #19 Exhibit L, #20 Exhibit M, #21 Exhibit N, #22 Request for Judicial Notice, #23 Exhibit A, #24 Exhibit B, #25 Exhibit C, #26 Exhibit D, #27 Proposed Order)(Tilbury, Treven) Modified on 9/17/2020 (Huang, H). |
| Filing 3 FIRST AMENDMENT to #1 Notice of Removal by Growlife, Inc., Marco Hegyi, Mark Scott. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G)(Thomason, Ryan) Modified on 9/16/2020 (Huang, H). |
| Filing 2 CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: #1 Consent Form, #2 VDRP) (Benson, A.) |
| Filing 1 NOTICE of REMOVAL from Sacramento County Superior Court, case number 34-2020-00284363-CU-BC-GDS by All Defendants. (Filing fee $ 400, receipt number 00972-9114718) (Attachments: #1 Declaration of Marco Hegyi, #2 Civil Cover Sheet)(Thomason, Ryan) |
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