Mountain States Employers Council, Inc. v. Employment Matters LLC et al
| MOUNTAIN STATES EMPLOYERS COUNCIL INC. doing business as EMPLOYERS COUNCIL INC. and Mountain States Employers Council, Inc. a Colorado corporation doing business as Employers Council, Inc. |
| KIMBERLY SEARFORCE, BRIDGET MORRIS, MARK J. FLYNN, LISA BARBEAU, EMPLOYMENT MATTERS LLC and PEGGY PENBERTHY |
| 1:2021cv01770 |
| June 28, 2021 |
| US District Court for the District of Colorado |
| R Brooke Jackson |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 23, 2021. A more recent docket listing may be available from PACER.
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Filing 29
MINUTE ORDER re: #27 NOTICE TO FOREGO PRELIMINARY INJUNCTION HEARING filed by Mountain States Employers Council, Inc. The Preliminary Injunction Hearing set for August 24-25, 2021 is vacated. By Judge R. Brooke Jackson on 8/23/2021. Text Only Entry (rbjsec. )
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Filing 28
ORDER withdrawing #2 Motion for Preliminary Injunction. By Judge R. Brooke Jackson on 8/23/2021. Text Only Entry(rbjsec.)
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| Filing 27 NOTICE TO FOREGO PRELIMINARY INJUNCTION HEARING by Plaintiff Mountain States Employers Council, Inc. (Arney, Neil) |
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Filing 26
ORDER denying #23 MOTION to Continue HEARING ON PRELIMINARY INJUNCTION AND RESET AFTER DISCOVERY HAS BEEN COMPLETED. On review of the motion and response, the motion is denied. If plaintiff desires a preliminary injunction, let's proceed as scheduled If plaintiff has decided that it will forego a preliminary injunction, it may set a permanent injunction hearing. If plaintiff wishes to dispute defendants' discovery responses, it can use a portion of the time set aside for your preliminary injunction hearing (no more than one hour) to be heard on the discovery issues. Counsel are requested to confer and to inform the Court what hearing, if any, they wish to pursue on August 24. By Judge R. Brooke Jackson on 8/20/2021. Text Only Entry(rbjsec. )
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| Filing 25 RESPONSE to #23 MOTION to Continue HEARING ON PRELIMINARY INJUNCTION AND RESET AFTER DISCOVERY HAS BEEN COMPLETED filed by Defendants Lisa Barbeau, Employment Matters LLC, Mark J. Flynn, Bridget Morris, Peggy Penberthy, Kimberly Searforce. (Attachments: #1 Exhibit A - Production screenshot, #2 Exhibit B - Email)(Kwiatkowski, Colleen) |
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Filing 24
MINUTE ORDER re: #23 MOTION to Continue HEARING ON PRELIMINARY INJUNCTION AND RESET AFTER DISCOVERY HAS BEEN COMPLETED. The Court requests a response by the close of business today. The parties seem to be acting in ways contrary to their positions in some respects. On the one hand, plaintiff's request to postpone a preliminary injunction hearing tends to contradict a claim of irreparable harm. On the other hand, the fact if it is a fact that defendant has not been entirely responsive to discovery, especially that which was ordered by the Court, and the fact again, if true that defendant was making changes to materials shortly before producing them tends to indicate that plaintiff might have cause to be seeking injunctive relief. If the hearing is to be postponed, then the Court will likely approve a reasonable request for depositions. The parties might want to think more about what they're doing, what the possible implications might be, and whether they might be better served by a stipulated injunction or other settlement. By Judge R. Brooke Jackson on 8/20/2021. Text Only Entry (rbjsec. )
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| Filing 23 MOTION to Continue HEARING ON PRELIMINARY INJUNCTION AND RESET AFTER DISCOVERY HAS BEEN COMPLETED by Plaintiff Mountain States Employers Council, Inc.. (Attachments: #1 Proposed Order (PDF Only))(Arney, Neil) |
| Filing 22 MINUTE ENTRY for proceedings held before Judge R. Brooke Jackson: Telephone Status Conference held on 7/22/2021. Preliminary Injunction Hearing set for 8/24/2021 at 9:00 AM in Courtroom A 902 before Judge R. Brooke Jackson by video teleconference. Court Reporter: Sarah Mitchell. (jdyne, ) |
| Filing 21 RESPONSE to #2 MOTION for Preliminary Injunction filed by Defendants Lisa Barbeau, Employment Matters LLC, Mark J. Flynn, Bridget Morris, Peggy Penberthy, Kimberly Searforce. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Kwiatkowski, Colleen) |
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Filing 20
ORDER granting #19 Motion to Withdraw as Attorney. Attorney Robert Timothy Lawrence and Brian Paul Molzahn withdrawn. By Judge R. Brooke Jackson on 7/13/2021. Text Only Entry(rbjsec. )
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| Filing 19 MOTION to Withdraw as Attorney Brian P Molzahn and Robert T Lawrence by Defendants Lisa Barbeau, Employment Matters LLC, Mark J. Flynn, Bridget Morris, Peggy Penberthy, Kimberly Searforce. (Lawrence, Robert) |
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Filing 18
MINUTE ORDER: Telephone Status Conference is set for 7/22/2021 at 8:30 AM in Courtroom A 902 before Judge R. Brooke Jackson. The Court directs that the parties use dial-in number 1-888-204-5984 and enter access code 7557338# when prompted. by Judge R. Brooke Jackson on 7/9/21. Text Only Entry (jdyne, )
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| Filing 17 NOTICE of Entry of Appearance by Colleen Kwiatkowski on behalf of All Defendants Attorney Colleen Kwiatkowski added to party Lisa Barbeau(pty:dft), Attorney Colleen Kwiatkowski added to party Employment Matters LLC(pty:dft), Attorney Colleen Kwiatkowski added to party Mark J. Flynn(pty:dft), Attorney Colleen Kwiatkowski added to party Bridget Morris(pty:dft), Attorney Colleen Kwiatkowski added to party Peggy Penberthy(pty:dft), Attorney Colleen Kwiatkowski added to party Kimberly Searforce(pty:dft) (Kwiatkowski, Colleen) |
| Filing 16 NOTICE of Entry of Appearance by Tamara Ann Seelman on behalf of Lisa Barbeau, Employment Matters LLC, Mark J. Flynn, Bridget Morris, Peggy Penberthy, Kimberly SearforceAttorney Tamara Ann Seelman added to party Lisa Barbeau(pty:dft), Attorney Tamara Ann Seelman added to party Employment Matters LLC(pty:dft), Attorney Tamara Ann Seelman added to party Mark J. Flynn(pty:dft), Attorney Tamara Ann Seelman added to party Bridget Morris(pty:dft), Attorney Tamara Ann Seelman added to party Peggy Penberthy(pty:dft), Attorney Tamara Ann Seelman added to party Kimberly Searforce(pty:dft) (Seelman, Tamara) |
| Filing 15 WAIVER OF SERVICE Returned Executed by Mountain States Employers Council, Inc.. All Defendants. (Arney, Neil) |
| Filing 14 NOTICE of Entry of Appearance by Robert Timothy Lawrence on behalf of Lisa Barbeau, Mark J. Flynn, Bridget Morris, Peggy Penberthy, Kimberly SearforceAttorney Robert Timothy Lawrence added to party Lisa Barbeau(pty:dft), Attorney Robert Timothy Lawrence added to party Mark J. Flynn(pty:dft), Attorney Robert Timothy Lawrence added to party Bridget Morris(pty:dft), Attorney Robert Timothy Lawrence added to party Peggy Penberthy(pty:dft), Attorney Robert Timothy Lawrence added to party Kimberly Searforce(pty:dft) (Lawrence, Robert) |
| Filing 13 NOTICE of Entry of Appearance by Brian Paul Molzahn on behalf of Lisa Barbeau, Mark J. Flynn, Bridget Morris, Peggy Penberthy, Kimberly SearforceAttorney Brian Paul Molzahn added to party Lisa Barbeau(pty:dft), Attorney Brian Paul Molzahn added to party Mark J. Flynn(pty:dft), Attorney Brian Paul Molzahn added to party Bridget Morris(pty:dft), Attorney Brian Paul Molzahn added to party Peggy Penberthy(pty:dft), Attorney Brian Paul Molzahn added to party Kimberly Searforce(pty:dft) (Molzahn, Brian) |
| Filing 12 NOTICE of Entry of Appearance by Brian Paul Molzahn on behalf of Employment Matters LLCAttorney Brian Paul Molzahn added to party Employment Matters LLC(pty:dft) (Molzahn, Brian) |
| Filing 11 NOTICE of Entry of Appearance by Robert Timothy Lawrence on behalf of Employment Matters LLCAttorney Robert Timothy Lawrence added to party Employment Matters LLC(pty:dft) (Lawrence, Robert) |
| Filing 10 SUMMONSES issued by Clerk. (rvill, ) |
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Filing 9
ORDER denying #3 Emergency MOTION for Discovery (EXPEDITED). Upon review of the complaint, the motion for a preliminary injunction, and this motion, it is evident that the plaintiff has known of the alleged issues for several months; and has issued cease and desist and the equivalent of litigation hold letters to the defendants; and that the parties have discussed exchanges of materials between outside counsel in an attempt better to understand and potentially to resolve the issues. In that context, it does not appear to the Court that there is an "emergency" need for immediate discovery. However, once defendants have been served and litigation counsel for the defendant have been identified, counsel are directed to contact Chambers (jackson_chambers@cod.uscourts.govw) promptly (before an answer or other response is due) and set a telephonic hearing where discovery and its timing can be discussed. By Judge R. Brooke Jackson on 6/30/2021. Text Only Entry(rbjsec. )
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| Filing 8 SUMMONS REQUEST as to EMPLOYMENT MATTERS LLC; MARK J. FLYNN; BRIDGET MORRIS;LISA BARBEAU;KIMBERLY SEARFOORCE; and PEGGY PENBERTHY by Plaintiff Mountain States Employers Council, Inc.. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Arney, Neil) |
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Filing 7
MINUTE ORDER: The Court requests that the parties confer and attempt to agree on a schedule and submit a proposed scheduling order no later than 45 days after the answer, motion to dismiss or other response to the complaint is filed pointing out any areas of disagreement. Please email the proposed order to Jackson_Chambers@cod.uscourts.gov in Word format and efile into CM/ECF. Without holding a Scheduling Conference, the Court will review and enter the order making such rulings as are appropriate and will provide the parties with potential trial preparation conference and trial dates for you to choose from. If the parties prefer that the Court hold an in-person Scheduling Conference, please notify Chambers via email by the date the proposed scheduling order is due and the Courts staff will provide you a date. The Court will only hold in-person conferences if all attendees have been fully vaccinated against Covid-19 for at least a two-week period prior to the conference. The proposed scheduling order should be prepared as described in the local rules. A copy of instructions for the preparation of a scheduling order and a form scheduling order can be downloaded from the Courts website www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx. By Judge R. Brooke Jackson on 6/29/2021. Text Only Entry (rbjsec. )
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| Filing 6 Report re Copyright: Report on the filing of an action emailed separately to the Director of the Copyright Office. (cpomm, ) |
| Filing 5 Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). The summons submitted has incomplete caption and not issued. Please file completed summons for issuance using the event Summons Request. (cpomm, ) |
| Filing 4 Case assigned to Judge R. Brooke Jackson and drawn to Magistrate Judge Nina Y. Wang. Text Only Entry (cpomm, ) |
| Filing 3 Emergency MOTION for Discovery (EXPEDITED) by Plaintiff MOUNTAIN STATES EMPLOYERS COUNCIL INC.. (Attachments: #1 Exhibit 1)(Arney, Neil) |
| Filing 2 MOTION for Preliminary Injunction by Plaintiff MOUNTAIN STATES EMPLOYERS COUNCIL INC.. (Attachments: #1 Proposed Order (PDF Only))(Arney, Neil) |
| Filing 1 COMPLAINT (VERIFIED) for Injunctive Relief and Damages and Demand for Jury Trial against LISA BARBEAU, EMPLOYMENT MATTERS LLC, MARK J. FLYNN, BRIDGET MORRIS, PEGGY PENBERTHY, KIMBERLY SEARFORCE (Filing fee $ 402,Receipt Number 1082-7935581)Attorney Neil L. Arney added to party MOUNTAIN STATES EMPLOYERS COUNCIL INC.(pty:pla), filed by MOUNTAIN STATES EMPLOYERS COUNCIL INC.. (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, #14 Exhibit 14, #15 Civil Cover Sheet, #16 Summons Employment Matters, #17 Summons Mark J. Flynn, #18 Summons Lisa Barbeau, #19 Summons Bridget Morris, #20 Summons Peggy Penberthy, #21 Summons Kimberly Searfoorce)(Arney, Neil) |
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