Battaglia Associates, Inc. v. Spencer et al
Plaintiff: Battaglia Associates, Inc.
Defendant: Randy Spencer and AUI Inc.
Case Number: 1:2019cv01313
Filed: July 15, 2019
Court: US District Court for the District of Delaware
Presiding Judge: Richard G Andrews
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 26, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 26, 2019 Opinion or Order Filing 35 SO ORDERED Granting #34 Stipulation and Order of Dismissal (***Civil Case Terminated). Signed by Judge Richard G. Andrews on 8/26/2019. (nms)
August 26, 2019 Filing 34 STIPULATION of Dismissal with prejudice, by Battaglia Associates, Inc.. (Beste, Robert) Modified on 8/27/2019 (nms).
August 16, 2019 Filing 33 OPENING BRIEF in Support re #32 MOTION to Dismiss, filed by AUI Inc., Randy Spencer.Answering Brief/Response due date per Local Rules is 8/30/2019. (Denny, William) Modified on 8/20/2019 (nms).
August 16, 2019 Filing 32 MOTION to Dismiss - filed by AUI Inc., Randy Spencer. (Attachments: #1 Proposed Order)(Denny, William) Modified on 8/20/2019 (nms).
August 13, 2019 Opinion or Order Filing 31 SO ORDERED, re #28 Stipulated Order for Expedited Discovery. Signed by Judge Richard G. Andrews on 8/12/2019. (nms)
August 12, 2019 Filing 30 NOTICE OF SERVICE of (1) Defendants' First Set of Requests for Production of Documents; and (2) Defendants' First Set of Interrogatories filed by AUI Inc., Randy Spencer.(Denny, William)
August 9, 2019 Filing 29 NOTICE of Issuance of Subpoenas Upon Battaglia Electric, Inc. by AUI Inc., Randy Spencer (Attachments: #1 Exhibit)(Denny, William)
August 9, 2019 Filing 28 STIPULATED Order for Expedited Discovery, by Battaglia Associates, Inc.. (Beste, Robert) Modified on 8/13/2019 (nms).
August 7, 2019 Filing 27 Official Transcript of Oral Argument held on 8/6/19 before Judge Richard G. Andrews. Court Reporter/Transcriber Heather M. Triozzi,Telephone number 302-573-6195. 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. Redaction Request due 8/28/2019. Redacted Transcript Deadline set for 9/9/2019. Release of Transcript Restriction set for 11/5/2019. (Triozzi, Heather)
August 7, 2019 Opinion or Order SO ORDERED, re #26 STIPULATION TO EXTEND TIME to respond to the Complaint for Injunctive Relief and Other Relief to August 16, 2019 (*Reset Answer Deadlines: AUI Inc. answer due 8/16/2019; Randy Spencer answer due 8/16/2019). Signed by Judge Richard G. Andrews on 8/6/2019. (nms)
August 6, 2019 Filing 26 STIPULATION TO EXTEND TIME to Respond to Plaintiff's Complaint for Injunctive Relief and Other Relief to August 16, 2019 - filed by AUI Inc., Randy Spencer. (Denny, William)
August 6, 2019 Opinion or Order Filing 25 ORAL ORDER: Plaintiffs request for a TRO (D.I. #3 ) is DENIED for the reasons stated in open court. Ordered by Judge Richard G. Andrews on 8/6/2019. (nms)
August 6, 2019 Minute Entry for proceedings held before Judge Richard G. Andrews - Oral Argument held on 8/6/2019. Local counsel present for plaintiff: R. Beste. Local counsel present for defendants: W. Denny, J. Noa, T. Timlin. (Court Reporter Heather Triozzi.) (crb)
August 5, 2019 Opinion or Order Filing 24 ORAL ORDER: The hearing scheduled for 8/6/2019, at 10:00 AM will now be held in Courtroom 4A. Ordered by Judge Richard G. Andrews on 8/5/2019. (nms) Modified on 8/5/2019 (nms).
August 2, 2019 Filing 23 Letter to The Honorable Richard G. Andrews, from William R. Denny, regarding replying to the letter of Robert Beste. (Attachments: #1 Exhibit)(Denny, William) Modified on 8/5/2019 (nms).
August 2, 2019 Filing 22 Letter to The Honorable Richard G. Andrews, from Robert K. Beste, Jr., Esq., regarding response to the letter submitted on 8/1/2019 from Counsel for Defendants. (Attachments: #1 Exhibit A)(Beste, Robert) Modified on 8/5/2019 (nms).
August 2, 2019 Filing 21 REPLY BRIEF re #3 Emergency MOTION for Preliminary Injunction and Temporary Restraints filed by Battaglia Associates, Inc.. (Beste, Robert)
August 2, 2019 Filing 20 NOTICE to Attend directed to Lars Granger, by Battaglia Associates, Inc.. (Beste, Robert) Modified on 8/2/2019 (nms).
August 1, 2019 Filing 19 Letter to The Honorable Richard G. Andrews, from William R. Denny, regarding hearing on Emergency Motion for Preliminary Injunction With Temporary Restraints. (Denny, William) Modified on 8/2/2019 (nms).
July 31, 2019 Filing 18 AFFIDAVIT of Randy Spencer re #15 Answering Brief in Opposition, filed by AUI Inc., Randy Spencer. (Denny, William) Modified on 8/1/2019 (nms).
July 31, 2019 Filing 17 AFFIDAVIT of Joshua Huegel re #15 Answering Brief in Opposition, filed by AUI Inc., Randy Spencer. (Denny, William) Modified on 8/1/2019 (nms).
July 31, 2019 Filing 16 AFFIDAVIT of Lars Granger re #15 Answering Brief in Opposition, filed by AUI Inc., Randy Spencer. (Denny, William) Modified on 8/1/2019 (nms).
July 31, 2019 Filing 15 ANSWERING BRIEF in Opposition re #3 Emergency MOTION for Preliminary Injunction and Temporary Restraints, filed by AUI Inc., Randy Spencer.Reply Brief due date per Local Rules is 8/7/2019. (Attachments: #1 Exhibits 1-2)(Denny, William) Modified on 8/1/2019 (nms).
July 24, 2019 Filing 14 AFFIDAVIT of Service for Oral Order served on Randy Spencer and AUI, Inc. d/b/a AUI Power on July 22, 2019, filed by Battaglia Associates, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Beste, Robert) Modified on 7/25/2019 (nms).
July 24, 2019 Filing 13 AFFIDAVIT of Service for Complaint, Emergency Motion for Preliminary Injunction & Temporary Restraints, and Memorandum of Law served on Randy Spencer and AUI, Inc. d/b/a AUI Power on July 17, 2019 and July 24, 2019, filed by Battaglia Associates, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Beste, Robert) Modified on 7/25/2019 (nms).
July 24, 2019 Filing 12 STIPULATION TO EXTEND TIME to Respond to Plaintiff's Emergency Motion for Preliminary Injunction and Temporary Restraints to July 31, 2019 - filed by AUI Inc., Randy Spencer. (Denny, William)
July 24, 2019 Opinion or Order SO ORDERED, re #12 STIPULATION TO EXTEND TIME to Respond to Emergency Motion for Preliminary Injunction and Temporary Restraints to July 31, 2019 (*Reset Briefing Schedule: re #3 Emergency MOTION for Preliminary Injunction and Temporary Restraints. Answering Brief due 7/31/2019, Reply Brief due 8/2/2019). Signed by Judge Richard G. Andrews on 7/24/2019. (nms)
July 23, 2019 Filing 11 NOTICE of Appearance by Tracey E. Timlin on behalf of AUI Inc., Randy Spencer (Timlin, Tracey)
July 23, 2019 Filing 10 NOTICE of Appearance by Jesse Leon Noa on behalf of AUI Inc., Randy Spencer (Noa, Jesse)
July 23, 2019 Filing 9 NOTICE of Appearance by William R. Denny on behalf of AUI Inc., Randy Spencer (Denny, William)
July 19, 2019 Opinion or Order Filing 8 ORAL ORDER: Plaintiff is to file an affidavit or declaration after actual service of the complaint, etc., on each Defendant. Plaintiff shall give notice of this oral order to Defendants ASAP. Defendants are ordered to file responsive papers no later than July 26 or five business days after actual notice of the emergency motion, whichever is later, and Plaintiff shall reply to the response no later than two business days after the response is filed. A hearing on the emergency motion is scheduled for 8/6/2019, at 10:00 AM in Courtroom 6A. Ordered by Judge Richard G. Andrews on 7/19/2019. (nms)
July 19, 2019 Opinion or Order SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Kelsey Riehle, Esq., filed by Battaglia Associates, Inc., and #5 MOTION for Pro Hac Vice Appearance of Attorney Jonathan Landesman, Esq., filed by Battaglia Associates, Inc.. Signed by Judge Richard G. Andrews on 7/19/2019. (nms)
July 18, 2019 Filing 7 CERTIFICATE OF SERVICE of Emergency Motion for Preliminary Injunction and Temporary Restraints (D.I. #3 ), Memorandum of Law (D.I. #4 ), and Motions for Pro Hac Admission (D.I. #5 , #6 ) , by Battaglia Associates, Inc.. (Beste, Robert) Modified on 7/18/2019 (nms).
July 18, 2019 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Kelsey Riehle, Esq. - filed by Battaglia Associates, Inc.. (Attachments: #1 Proposed Order, #2 Certification)(Beste, Robert) Modified on 7/18/2019 (nms).
July 18, 2019 Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Jonathan Landesman, Esq. - filed by Battaglia Associates, Inc.. (Attachments: #1 Proposed Order, #2 Certification, # 3 Certificate of Service)(Beste, Robert) Modified on 7/18/2019 (nms).
July 18, 2019 Filing 4 OPENING BRIEF in Support re #3 Emergency MOTION for Preliminary Injunction and Temporary Restraints, filed by Battaglia Associates, Inc..Answering Brief/Response due date per Local Rules is 8/1/2019. (Attachments: #1 Exhibit A, #2 Exhibits A-G to Exhibit A, #3 Exhibit B)(Beste, Robert) Modified on 7/18/2019 (nms).
July 18, 2019 Filing 3 Emergency MOTION for Preliminary Injunction and Temporary Restraints - filed by Battaglia Associates, Inc.. (Attachments: # #2 Proposed Order)(Beste, Robert) Modified on 7/18/2019 (nms).
July 18, 2019 CORRECTING ENTRY: The certificates of service found at D.I. 5 and 6 have been removed from those filings. Counsel will refile the certificate of service (which shall include a case caption) and link it back to ALL of the filings it is in reference to. (nms)
July 18, 2019 CORRECTING ENTRY: The brief and its exhibits filed at D.I. 3 have been removed from that filing. Motions and briefs are not to be coupled together at one docket item entry. Counsel will refile the brief accordingly. (nms)
July 17, 2019 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
July 16, 2019 Summons Issued with Magistrate Consent Notice attached as to AUI Inc. on 7/16/2019; Randy Spencer on 7/16/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg)
July 15, 2019 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg)
July 15, 2019 Filing 1 COMPLAINT filed with Jury Demand against AUI Inc. and Randy Spencer - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2686004.) - filed by Battaglia Associates, Inc. (Attachments: #1 Exhibit A, #2 Verification, #3 Civil Cover Sheet)(nmg)

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Defendant: Randy Spencer
Represented By: William R. Denny
Represented By: Jesse Leon Noa
Represented By: Tracey E. Timlin
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Defendant: AUI Inc.
Represented By: William R. Denny
Represented By: Jesse Leon Noa
Represented By: Tracey E. Timlin
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Plaintiff: Battaglia Associates, Inc.
Represented By: Robert K. Beste, Jr.
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