ECOLAB INC v. HARRIS et al
| ECOLAB, INC. and ECOLAB INC |
| Frank Harris, Philip Held, JOHN MCNAMARA, JOHN GREENE, Breeze South LLC and BREEZE SOUTH FINANCIAL GROUP LLC |
| 5:2023cv00209 |
| August 4, 2023 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| ALLEN C WINSOR |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 REPORT of Rule 26(f) Planning Meeting. (HAYDEN, BRIAN) |
| Filing 38 NOTICE of Hearing on Motion #25 MOTION for Preliminary Injunction Motion Hearing set for 11/14/2023 at 09:00 AM (Eastern) in the Joseph Woodrow Hatchett United States Courthouse and Federal Building, Courtroom 5 South, 111 North Adams Street, Tallahassee, Florida, before JUDGE ALLEN C WINSOR. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn StarkCourtroom Deputy Clerk to the Honorable Allen Winsor (tss) |
Filing 37
ORDER REGARDING PRELIMINARY INJUNCTION HEARING signed by JUDGE ALLEN C WINSOR on 9/22/23. The preliminary injunction hearing is set for 9:00 a.m. Eastern on November 14, 2023, at the Joseph Woodrow Hatchett United States Courthouse and Federal Building, Tallahassee. No later than 11/7/2023, the parties must file witness and exhibit lists. #30 MOTION to Expedite Discovery is DENIED as moot. Defendants deadline to respond to the #25 preliminary injunction motion is extended to 10/31/2023. Plaintiff may file a reply by 11/7/2023. (tss)
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| Filing 36 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Scheduling Conference held on 9/22/2023 - both sides represented - written order to follow (Court Reporter Donna Boland (USDC-Pensacola)) (tss) |
| Filing 35 NOTICE OF TELEPHONIC HEARING Telephonic Scheduling Conference reset for 9/22/2023 at 02:00 PM Eastern before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
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Filing 34
ORDER CONTINUING HEARING and granting #33 Motion signed by JUDGE ALLEN C WINSOR on 9/18/23. The clerk will reset the telephonic hearing for Friday, September 22, at 2:00 p.m. eastern. (tss)
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| Filing 33 Joint MOTION for Hearing re #31 Order, to Move Date of Telephonic Hearing by ECOLAB INC. (HAYDEN, BRIAN) |
| Filing 32 NOTICE OF TELEPHONIC HEARING Telephonic Scheduling Conference set for 9/19/2023 at 11:00 AM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
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Filing 31
ORDER SETTING HEARING signed by JUDGE ALLEN C WINSOR on 9/15/23. Plaintiff moved for a preliminary injunction. ECF No. #25 . The clerk will set a telephonic scheduling conference for September 19 at 11:00 a.m. The purpose of the hearing will be to address timing and procedure, not the substance of Plaintiffs motion. If the parties all agree, the clerk will reset the hearing for any other time available on the courts calendar. (tss)
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| Filing 30 MOTION to Expedite Discovery by ECOLAB INC. (Attachments: #1 Exhibit Composite Exhibit A, #2 Exhibit Composite Exhibit B, #3 Exhibit Exhibit C) (HAYDEN, BRIAN) |
| Filing 29 Corporate Disclosure Statement/Certificate of Interested Persons by ECOLAB INC. (HAYDEN, BRIAN) |
| Filing 28 RESPONSE in Opposition re #23 MOTION to Dismiss MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ECOLAB INC. (HAYDEN, BRIAN) |
| Filing 27 Corporate Disclosure Statement/Certificate of Interested Persons by BREEZE SOUTH FINANCIAL GROUP LLC. (VAN SICKLE, RUSSELL) |
| Filing 26 NOTICE of Filing Declarations in Support of its Motion for Preliminary Injunction by ECOLAB INC re #25 MOTION for Preliminary Injunction (HAYDEN, BRIAN) |
| Filing 25 MOTION for Preliminary Injunction by ECOLAB INC. (HAYDEN, BRIAN) |
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Filing 24
INITIAL SCHEDULING ORDER signed by JUDGE ALLEN C WINSOR on 9/5/23. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 9/19/2023. Rule 26 Meeting Report due by 10/3/2023. Discovery due by 2/26/2024. Trial set for 7/2/2024 at 08:30 AM in the Joseph Woodrow Hatchett United States Courthouse and Federal Building, Courtroom 5 South, 111 North Adams Street, Tallahassee, Florida, before JUDGE ALLEN C WINSOR. (tss)
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| Filing 23 MOTION to Dismiss ( (Internal deadline for referral to judge if response not filed earlier: 9/15/2023).), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by BREEZE SOUTH FINANCIAL GROUP LLC, JOHN GREENE, FRANK HARRIS, PHILIP HELD, JOHN MCNAMARA. (VAN SICKLE, RUSSELL) |
| Filing 22 ANSWER to #6 Amended Complaint, by BREEZE SOUTH FINANCIAL GROUP LLC, JOHN GREENE, FRANK HARRIS, PHILIP HELD, JOHN MCNAMARA. (VAN SICKLE, RUSSELL) |
| Filing 21 SUMMONS Returned Executed by ECOLAB INC. FRANK HARRIS served on 8/14/2023, answer due 9/5/2023. (see #17 pdf). (atm) |
| Filing 20 SUMMONS Returned Executed by ECOLAB INC. JOHN MCNAMARA served on 8/14/2023, answer due 9/5/2023. (see #16 pdf). (atm) |
| Filing 19 SUMMONS Returned Executed by ECOLAB INC. PHILIP HELD served on 8/14/2023, answer due 9/5/2023. (see #15 pdf). (atm) |
| Filing 18 SUMMONS Returned Executed by ECOLAB INC. JOHN GREENE served on 8/15/2023, answer due 9/5/2023. (see #14 pdf). (atm) |
| Filing 17 AFFIDAVIT re #12 Summons Issued Return of Service - Frank Harris by ECOLAB INC. (HAYDEN, BRIAN) Modified on 8/21/2023 - re-posted using correct docketing event (atm). |
| Filing 16 AFFIDAVIT Return of Service on Justin McNamara by ECOLAB INC. (HAYDEN, BRIAN) Modified on 8/21/2023 - re-posted using correct docketing event (atm). |
| Filing 15 AFFIDAVIT re #12 Summons Issued Return of Service on Philip Held by ECOLAB INC. (HAYDEN, BRIAN) Modified on 8/21/2023 - re-posted using correct docketing event (atm). |
| Filing 14 AFFIDAVIT re #12 Summons Issued Return of Service on John Greene by ECOLAB INC. (HAYDEN, BRIAN) Modified on 8/21/2023 - re-posted using correct docketing event (atm). |
| Filing 13 SUMMONS Returned Executed by ECOLAB INC. BREEZE SOUTH FINANCIAL GROUP LLC served on 8/11/2023, answer due 9/1/2023. (HAYDEN, BRIAN) |
| Filing 12 Summons Issued as to BREEZE SOUTH FINANCIAL GROUP LLC, JOHN GREENE, FRANK HARRIS, PHILIP HELD, JOHN MCNAMARA. (Attachments: #1 sm harris, #2 sm green, #3 sm mcnamara, #4 sm held) (atm). |
| Filing 11 NOTICE Summons to be Issued - Philip Held by ECOLAB INC re #6 Amended Complaint, (HAYDEN, BRIAN) |
| Filing 10 NOTICE Summons to be Issued - John McNamara by ECOLAB INC re #6 Amended Complaint, (HAYDEN, BRIAN) |
| Filing 9 NOTICE Summons to be Issued - John Greene by ECOLAB INC re #6 Amended Complaint, (HAYDEN, BRIAN) |
| Filing 8 NOTICE Summons to be Issued - Frank Harris by ECOLAB INC re #6 Amended Complaint, (HAYDEN, BRIAN) |
| Filing 7 NOTICE Summons to be Issued - Breeze South Financial Group by ECOLAB INC re #6 Amended Complaint, (HAYDEN, BRIAN) |
| Filing 6 FIRST AMENDED COMPLAINT against BREEZE SOUTH LLC, JOHN GREENE, FRANK HARRIS, PHILIP HELD, JOHN MCNAMARA, filed by ECOLAB INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (HAYDEN, BRIAN) |
| Filing 5 NOTICE of Appearance by CHRISTIAN GLENN CLARK on behalf of ECOLAB INC (CLARK, CHRISTIAN) |
| Filing 4 NOTICE of Appearance by RICHARD NEAL MARGULIES on behalf of ECOLAB INC (MARGULIES, RICHARD) |
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Filing 3
ORDER REGARDING JURISDICTION. Plaintiff must file an amended complaint by 8/23/2023. Signed by JUDGE ALLEN C WINSOR on 8/9/2023. (atm)
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| Filing 2 CIVIL COVER SHEET. (bkp) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-8037271.), filed by ECOLAB, INC.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet Civil Cover Sheet) (HAYDEN, BRIAN) |
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