Nexeo Plastics, LLC et al v. M. Holland Company et al
| GDP Companies Parent, Inc., Nexeo Plastics, LLC and Nexeo Plastics Parent, Inc. |
| M. Holland Company and Joseph C. Halsey |
| 1:2021cv01715 |
| December 3, 2021 |
| U.S. District Court for the District of Delaware |
| Leonard P Stark |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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Filing 26
ORAL ORDER: IT IS HEREBY ORDERED that #14 MOTION to Dismiss and to Transfer Venue filed by Joseph C. Halsey, M. Holland Company is DENIED without prejudice to renew when the stay is lifted. ORDERED by Judge Leonard P. Stark on 1/20/22. (ntl)
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SO ORDERED, re #25 Stipulated Preliminary Injunction and Stay Order filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC -- Case Stayed. Signed by Judge Leonard P. Stark on 1/20/22. (ntl)
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| Filing 25 STIPULATION [Proposed] Stipulated Preliminary Injunction and Stay Order by GDP Companies Parent, Inc., Nexeo Plastics, LLC. (Cumings, Alexandra) |
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Filing 24
ORAL ORDER: Having reviewed the parties' letter regarding a dispute over the protective order (D.I. 22), IT IS HEREBY ORDERED that Plaintiffs' position is ADOPTED. Plaintiffs have established good cause for depriving the individual Defendant, Mr. Halsey, of discovery material designated Attorneys' Eyes Only ("AEO"), given that he is "a member of senior management at Plaintiffs' competitor" (id. at 2) and affording him full access to AEO information would "work a clearly defined and serious injury" to Plaintiffs. Pansy v. Borough of Stroudsburg, 23 F.3d 772, 786 (3d Cir. 1994). The protective order permits Mr. Halsey to access confidential information if he is "the author or any recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information." (D.I. 22 Ex. A 7.3(e)) In the event Mr. Halsey's attorneys see any AEO material produced by Plaintiffs that they believe may be necessary to share with their client so that he may "understand the claims against him and defend himself against such claims" (D.I. 22 at 3), they may seek Plaintiffs' consent to do so, and such consent may not be unreasonably withheld. Any resulting disputes may be brought to the Court. ORDERED by Judge Leonard P. Stark on 1/12/22. (ntl)
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SO ORDERED, re #23 STIPULATION TO EXTEND TIME Briefing Schedule on Motion to Dismiss and Transfer to January 11, 2022 filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC. Signed by Judge Leonard P. Stark on 1/12/22. (ntl)
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| Filing 23 STIPULATION TO EXTEND TIME Briefing Schedule on Motion to Dismiss and Transfer to January 11, 2022 - filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC. (Cumings, Alexandra) |
| Filing 22 Letter to The Honorable Leonard P. Stark from Kevin M. Coen regarding dispute over a protective order. (Cumings, Alexandra) (Additional attachment(s) added on 1/7/2022: #1 Exhibit A) (ntl). |
| Filing 21 NOTICE OF SERVICE of (1) Plaintiffs Responses and Objections to Defendants First Set of Interrogatories to Plaintiff, and (2) Plaintiffs Responses and Objections to Defendants First Set of Requests for Production of Documents to Plaintiff filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC.(Cumings, Alexandra) |
| Filing 20 NOTICE OF SERVICE of 1) M. Holland Company's Objections and Responses to First Set of Requests for Production of Documents; 2) Joseph C. Halsey's Objections and Responses to First Set of Requests for Production of Documents; and 3) Joseph C. Halsey's Objections and Answers to First Set of Interrogatories filed by Joseph C. Halsey, M. Holland Company.(Delcollo, Renee) |
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SO ORDERED, re #16 MOTION for Pro Hac Vice Appearance of Attorney Matthew W. Walch and Linda Qiu filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC. Signed by Judge Leonard P. Stark on 12/29/21. (ntl)
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| Filing 19 NOTICE OF SERVICE of (1) Plaintiffs First Set of Interrogatories to Defendant Joseph C. Halsey, (2) Plaintiffs First Set of Requests for Production of Documents to Defendant Joseph C. Halsey; and (3) Plaintiffs First Set of Requests for Production of Documents to Defendant M. Holland filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC.(Cumings, Alexandra) |
| Filing 18 SUBPOENA filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC directed to M. Holland Company for 01/11/2022 and 01/13/2022 (Attachments: #1 Exhibit A, #2 Exhibit B)(Cumings, Alexandra) |
| Filing 17 NOTICE OF SERVICE of Defendants' First Set of Requests for Production of Documents to Plaintiffs and Defendants' First Set of Interrogatories to Plaintiffs filed by Joseph C. Halsey, M. Holland Company.(Delcollo, Renee) |
| Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Matthew W. Walch and Linda Qiu - filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC. (Cumings, Alexandra) |
| Filing 15 OPENING BRIEF in Support re #14 MOTION to Dismiss for Lack of Jurisdiction Over the Person and to Transfer Venue filed by Joseph C. Halsey, M. Holland Company.Answering Brief/Response due date per Local Rules is 1/6/2022. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Hunter, Travis) |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction Over the Person and to Transfer Venue - filed by Joseph C. Halsey, M. Holland Company. (Attachments: #1 Text of Proposed Order)(Hunter, Travis) |
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Filing 13
ORAL ORDER: Having reviewed the parties' submissions filed in connection with Plaintiffs' motion to expedite (see, e.g., D.I. 7, 10, 11), IT IS HEREBY ORDERED that Plaintiffs' motion (D.I. 6) is GRANTED. Given the nature of Plaintiffs' claims asserted in this case, expedited proceedings are appropriate - a conclusion even Defendants seem to acknowledge (see D.I. 10 at 3). Since Plaintiffs are only seeking a preliminary injunction against Mr. Halsey, and not also against M. Holland Company (see D.I. 11 at 1), Defendants' opposition on the basis of a potential motion to dismiss for lack of personal jurisdiction over M. Holland is no longer relevant. The Court further agrees with Plaintiffs that, even if the case may ultimately be transferred to a different venue, it will not be a waste of time or resources to proceed with expedited discovery (see D.I. 11 at 4). Accordingly, the Court has entered a schedule (which is a modification of Plaintiffs' proposal; Defendants did not propose a schedule) which is fair to both sides and one which the Court anticipates it will be able to accommodate. ORDERED by Judge Leonard P. Stark on 12/20/21. (ntl)
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Filing 12
ORDER GOVERNING PRELIMINARY INJUNCTION HEARING re #6 MOTION to Expedite filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC is GRANTED -- Motion Hearing is set for 2/11/2022 at 2:00 PM in Courtroom 6B. Signed by Judge Leonard P. Stark on 12/20/21. (ntl)
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| Filing 11 REPLY BRIEF re #6 MOTION to Expedite Plaintiffs' Motion to Expedite - Plaintiffs' Reply Brief In Support Of Motion To Expedite filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Cumings, Alexandra) |
| Filing 10 ANSWERING BRIEF in Opposition re #6 MOTION to Expedite Plaintiffs' Motion to Expedite filed by Joseph C. Halsey, M. Holland Company.Reply Brief due date per Local Rules is 12/22/2021. (Attachments: #1 Exhibit A, #2 Rule 7.1 Corporate Disclosure Statement)(Delcollo, Renee) |
| Pro Hac Vice Attorney Corinne N. Biller for Joseph C. Halsey and M. Holland Company added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) |
| Pro Hac Vice Attorneys Chad W. Moeller and Sonya Rosenberg for Joseph C. Halsey and M. Holland Company added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (srs) Modified on 12/15/2021 (srs). |
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SO ORDERED, re #9 MOTION for Pro Hac Vice Appearance of Attorney Chad W. Moeller, Sonya Rosenberg and Corrine N. Biller filed by Joseph C. Halsey, M. Holland Company. Signed by Judge Leonard P. Stark on 12/15/21. (ntl)
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| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Chad W. Moeller, Sonya Rosenberg and Corrine N. Biller - filed by Joseph C. Halsey, M. Holland Company. (Delcollo, Renee) |
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Filing 8
ORAL ORDER: Regarding #6 Plaintiffs' Motion to Expedite, IT IS HEREBY ORDERED that Defendants' shall respond to the motion by December 15, 2021, to which Plaintiffs may respond by December 16, 2021. ORDERED by Judge Leonard P. Stark on 12/13/21. (ntl)
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| Filing 7 OPENING BRIEF in Support re #6 MOTION to Expedite Plaintiffs' Motion to Expedite ; Plaintiffs' Opening Brief In Support Of Motion To Expedite filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC.Answering Brief/Response due date per Local Rules is 12/27/2021. (Cumings, Alexandra) |
| Filing 6 MOTION to Expedite Plaintiffs' Motion to Expedite - filed by GDP Companies Parent, Inc., Nexeo Plastics, LLC. (Attachments: #1 Text of Proposed Order, #2 Certification Under D. Del. LR 7.1.1)(Cumings, Alexandra) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
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Filing 5
ORAL ORDER: The motion (D.I. #1 ) is insufficient to justify sealing any documents. It is not enough that it was filed under seal in the Court of Chancery. I do not see any trade secrets or the like in the documents. The motion to seal is DENIED. Ordered by Judge Richard G. Andrews on 12/6/2021. (nms)
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| Remark: Case submitted for routine judicial assignment. (twk) |
| Filing 4 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (twk) |
| Filing 3 EXHIBIT A re #2 Notice of Removal - filed by Joseph C. Halsey, M. Holland Company. (twk) |
| Filing 2 NOTICE OF REMOVAL and copies of documents from DE Court of Chancery, Case Number 21-01024 (Filing fee $402, receipt number ADEDC-3755804)- filed by M. Holland Company, Joseph C. Halsey. (Attachments: #1 Exhibit B, #2 Civil Cover Sheet)(twk) |
| Filing 1 MOTION to File Exhibit A under seal - filed by Joseph C. Halsey, M. Holland Company. (Attachments: #1 Text of Proposed Order)(twk) |
| Remark: Exit electronic copies to Duty Judge (RGA). (twk) |
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