Dana Safety Supply, Inc. v. Whelen Engineering Co Inc
| Dana Safety Supply, Inc. |
| Whelen Engineering Co Inc |
| 3:2022cv00583 |
| April 25, 2022 |
| US District Court for the District of Connecticut |
| Sarala V Nagala |
| Contract: Franchise |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 35 TRANSCRIPT of Proceedings: Type of Hearing: TRO Telephonic Conference. Held on 4/26/2022 before Judge Sarala V. Nagala. Court Reporter: Denae Hovland. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The 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. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 7/6/2022. Redacted Transcript Deadline set for 7/16/2022. Release of Transcript Restriction set for 9/13/2022. (Hovland, Denae) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Bozek, M.) |
Filing 34
ORDER DISMISSING CASE in light of Plaintiff's notice of voluntary dismissal (ECF No. #32 ). The Clerk is directed to close this case. Signed by Judge Sarala V. Nagala on 06/14/2022. (Kuegler, Adam)
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Filing 33
ORDER. In light of the parties' joint notice of settlement (ECF No. #31 ), the pending June 13, 2022, deadline for filing responses to Plaintiff's emergency motion (ECF No. #2 ), and the subsequent June 24, 2022, reply deadline set forth in ECF No. 30 are hereby vacated. Plaintiff shall promptly file a notice or stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1). Signed by Judge Sarala V. Nagala on 06/13/2022. (Kuegler, Adam)
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| Filing 32 NOTICE of Voluntary Dismissal by Dana Safety Supply, Inc. (Doroghazi, John) |
| Filing 31 NOTICE of Settlement (Joint Notice of Settlement) by Whelen Engineering Co Inc (Staib, Karen) |
| Reset Deadlines as to #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Response due by 6/13/2022. Reply due by 6/24/2022. See 30 Order. (Bozek, M.) |
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Filing 30
ORDER granting #29 Joint Motion to Modify Scheduling Order. The Court finds good cause to modify the scheduling order as requested by the parties. Accordingly, the scheduling order is modified as follows. Responses to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #2 ) shall be filed by June 13, 2022. Any replies to such responses shall be filed by June 24, 2022. Signed by Judge Sarala V. Nagala on 06/03/2022. (Kuegler, Adam)
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| Filing 29 Joint MOTION To Modify Scheduling Order re #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Whelen Engineering Co Inc.Responses due by 6/24/2022 (Staib, Karen) |
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Filing 28
ORDER granting in part #27 Motion for Leave to File Excess Pages. Defendant's response to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #2 ) may exceed the forty page limit in Local Rule 7(a)5 by 10 pages. Defendant's response shall not exceed 50 pages in length absent further order of the Court. Signed by Judge Sarala V. Nagala on 06/01/2022. (Kuegler, Adam)
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| Filing 27 MOTION for Leave to File Excess Pages by Whelen Engineering Co Inc. (Cunningham, Glenn) |
| Set Deadline as to #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Responses due by 6/17/2022. See 26 Order. (Bozek, M.) |
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Filing 26
ORDER granting #25 Joint Motion to Modify Scheduling Order. Given the parties' progress in attempting to resolve this matter without further Court intervention, the Court finds that there is good cause to modify the scheduling order. Accordingly, the scheduling order is modified as follows. Responses to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #2 ) shall be filed by June 6, 2022. Any replies to such responses shall be filed by June 17, 2022. The evidentiary hearing and oral argument on Plaintiff's request for preliminary injunctive relief previously scheduled for June 3, 2022, at 10:30 a.m., is adjourned until a date and time to be determined by the Court. Signed by Judge Sarala V. Nagala on 05/13/2022. (Kuegler, Adam)
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| Filing 25 Joint MOTION Modification of Scheduling Order re 19 Scheduling Order,,,, by Whelen Engineering Co Inc.Responses due by 6/2/2022 (Cunningham, Glenn) |
| Filing 24 SUMMONS Returned Executed by Dana Safety Supply, Inc.. Whelen Engineering Co Inc served on 5/2/2022, answer due 5/23/2022. (Doroghazi, John) |
| Filing 23 CERTIFICATE OF GOOD STANDING re #17 MOTION for Attorney(s) Nathan E. Denning to be Admitted Pro Hac Vice (includes a request to waive the fee) by Dana Safety Supply, Inc.. (Denning, Nathan) |
| Filing 22 NOTICE of Appearance by Nathan Denning on behalf of Dana Safety Supply, Inc. (Denning, Nathan) |
| Set/Reset Deadlines as to #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Responses due by 5/16/2022. (Peterson, M) |
| Filing 21 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Whelen Engineering Co Inc* with answer to complaint due within *21* days. Attorney *John Matthew Doroghazi* *Wiggin & Dana-NH One Century Tower* *265 Church Street P.O. Box 1832* *New Haven, CT 06508-1832*. (Gould, K.) |
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Filing 20
ORDER granting #17 Motion to Appear pro hac vice Certificate of Good Standing due by 6/27/2022. Signed by Clerk on 4/28/2022. (Gould, K.)
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Filing 19
SCHEDULING ORDER: Pursuant to the Court's oral order on the record during the April 26, 2022, remote status conference, the following schedule shall apply to Plaintiff's request for preliminary injunctive relief. Responses to Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. #2 ) shall be filed by May 16, 2022. Any replies to such responses shall be filed by May 27, 2022. An evidentiary hearing and oral argument on Plaintiff's request for preliminary injunctive relief will take place on June 3, 2022, at 10:30 a.m. Any party wishing to present witnesses or evidence at the hearing shall file a witness list and exhibit list on the docket by May 27, 2022. The parties shall also provide two copies of any exhibits they seek to admit during the hearing to the chambers of the undersigned, located at 450 Main Street, Room 108, Hartford, Connecticut, 06103, by May 27, 2022. Signed by Judge Sarala V. Nagala on 04/26/2022. (Kuegler, Adam)
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| Filing 18 Minute Entry for proceedings held on 4-26-2022 via videoconference before Judge Sarala V. Nagala: motion hearing re #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction. Opposition brief due by 5-16-2022 and reply due 5-27-2022. A hearing will be set for 6-3-2022. The Court will enter a scheduling order. Total Time: 6 minutes. (Court Reporter D. Hovland.) (Shafer, J.) |
| Filing 17 MOTION for Attorney(s) Nathan E. Denning to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6912969) by Dana Safety Supply, Inc.. (Attachments: #1 Declaration of Nathan E. Denning)(Doroghazi, John) Modified text to reflect receipt number on 4/26/2022 (Caffrey, A.). |
| Filing 16 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #6 Notice of Appearance filed by Whelen Engineering Co Inc, #2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction filed by Dana Safety Supply, Inc., #7 Notice of Appearance filed by Whelen Engineering Co Inc, #13 Order on Pretrial Deadlines, 10 Order, #11 Corporate Disclosure Statement filed by Whelen Engineering Co Inc, #1 Complaint filed by Dana Safety Supply, Inc., #9 Notice of Appearance filed by Dana Safety Supply, Inc., #15 Protective Order, #12 Notice of Appearance filed by Whelen Engineering Co Inc, #14 Electronic Filing Order, #5 Corporate Disclosure Statement filed by Dana Safety Supply, Inc., 3 Order, Notice Regarding Hearing Via Zoom,,, 4 Order,,, #8 Notice of Appearance filed by Whelen Engineering Co Inc Signed by Clerk on 4/26/2022.(Gould, K.) |
| Filing 12 NOTICE of Appearance by Michael Alexander King on behalf of Whelen Engineering Co Inc (King, Michael) |
| Filing 11 Corporate Disclosure Statement by Whelen Engineering Co Inc. (King, Michael) |
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Filing 10
ORDER. Defendant shall file a disclosure statement, as required by Fed. R. Civ. P. 7.1 and Local Rule 7.1, by 1:00 p.m. on April 26, 2022. Signed by Judge Sarala V. Nagala on 04/26/2022. (Kuegler, Adam)
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| Filing 9 NOTICE of Appearance by Robert M. Langer on behalf of Dana Safety Supply, Inc. (Langer, Robert) |
| Filing 8 NOTICE of Appearance by Glenn M. Cunningham on behalf of Whelen Engineering Co Inc (Cunningham, Glenn) |
| Filing 7 NOTICE of Appearance by Patrick M. Fahey on behalf of Whelen Engineering Co Inc (Fahey, Patrick) |
| Filing 6 NOTICE of Appearance by Karen T. Staib on behalf of Whelen Engineering Co Inc (Staib, Karen) |
| Request for Clerk to issue summons as to Whelen Engineering Co Inc. (Doroghazi, John) |
| NOTICE regarding hearing via Zoom: A motion hearing re #2 Emergency Motion for Temporary Restraining Order and Preliminary Injunction is scheduled for 4-26-2022 at 3:30 PM and will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1601250840?pwd=NkE0Ni9kOUhMbzVBY3NEb2l5ODk2Zz09 and call in number is 646-828-7666.Meeting ID: 160 125 0840 Meeting Password: 682480Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Shafer, J.) |
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Filing 15
STANDING PROTECTIVE ORDER Signed by Judge Sarala V. Nagala on 4/25/2022.(Gould, K.)
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Filing 14
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarala V. Nagala on 4/25/2022.(Gould, K.)
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Filing 13
Order on Pretrial Deadlines: Amended Pleadings due by 6/24/2022; Discovery due by 10/25/2022; Dispositive Motions due by 11/29/2022. Signed by Clerk on 4/25/2022.(Gould, K.)
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| Filing 5 Corporate Disclosure Statement by Dana Safety Supply, Inc. identifying Corporate Parent Scott-McRae Automotive Group, Inc. for Dana Safety Supply, Inc.. (Doroghazi, John) |
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Filing 4
ORDER. At or before 10:00 a.m. on April 26, 2022, Plaintiff shall provide two copies of each of the following documents to the chambers of the undersigned: (1) #1 Complaint, including all attachments thereto; and(2) #2 Emergency Motion for Temporary Restraining Order and Preliminary Injunction, including all attachments thereto.Counsel shall ensure that the chambers copies are printed from the docket and bear the header of the Court's electronic case filing (ECF) system. Chambers copies may be printed double-sided. The printed copies shall be placed in three ring binders. Exhibits should be separated by numbered or lettered tabs, as they appear in the ECF system. Plaintiff shall provide the chambers copies to: Chambers of Judge Nagala, 450 Main Street, Room 108, Hartford, Connecticut, 06103.Signed by Judge Sarala V. Nagala on 04/25/2022. (Kuegler, Adam)
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Filing 3
ORDER. Plaintiff shall file a disclosure statement, as required by Fed. R. Civ. P. 7.1 and Local Rule 7.1, by April 26, 2022. Signed by Judge Sarala V. Nagala on 04/25/2022. (Kuegler, Adam)
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| Filing 2 Emergency MOTION for Temporary Restraining Order and Preliminary Injunction by Dana Safety Supply, Inc.. (Attachments: #1 Proposed Order to Show Cause and Temporary Restraining Order, #2 Memorandum in Support, #3 Declaration of A. David Russo, #4 Exhibit A, #5 Exhibit B, #6 Exhibit C, #7 Exhibit D, #8 Exhibit E, #9 Exhibit F, #10 Exhibit G)(Doroghazi, John) |
| Filing 1 COMPLAINT against Whelen Engineering Company, Inc. ( Filing fee $402 receipt number ACTDC-6911222.), filed by Dana Safety Supply, Inc..(Doroghazi, John) |
| Judge Sarala V. Nagala added. (Anastasio, F.) |
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