Cunningham Lindsey U.S. LLC v. Box et al
| Cunningham Lindsey U.S. LLC |
| Andrew Wilson, Peter Bonner, James Smith, Philip Box, Gordon Gibson and Brendan Gallagher |
| 1:2018cv04346 |
| September 17, 2018 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| William M Ray |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 15, 2018. A more recent docket listing may be available from PACER.
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| Filing 56 Joint MOTION for Extension of Time re: #46 Amended Complaint, by Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson. (Attachments: #1 Text of Proposed Order)(Konn, Jamie) |
| Filing 55 CERTIFICATE OF SERVICE OF DISCOVERY by Cunningham Lindsey U.S. LLC.(Bosin, Joshua) |
| Filing 54 CERTIFICATE OF SERVICE of Discovery by Philip Box.(Konn, Jamie) |
| Filing 53 CERTIFICATE OF SERVICE of Discovery by Philip Box.(Konn, Jamie) |
| Filing 52 CERTIFICATE OF SERVICE of Discovery by Philip Box.(Konn, Jamie) |
| Filing 51 Amended NOTICE to Take Deposition of Cunningham Lindsey U.S. LLC filed by Philip Box (Konn, Jamie) |
Filing 50
Stipulated Protective Order. Signed by Judge William M Ray, II on 11/13/18. (ddm)
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Filing 49
Consent Order Extending Temporary Restraining Order. The Temporary Restraining Order entered and extended by this Court on October 23 and 30, 2018 [ECF Nos. 26 & 39] is hereby further EXTENDED to the period through and including the Hearing but not to continue beyond November 28, 2018 without further order of this Court. Signed by Judge William M Ray, II on 11/13/18. (ddm)
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| Filing 48 Amended NOTICE to Take Deposition of Defendant Philip Box filed by Cunningham Lindsey U.S. LLC (Bosin, Joshua) |
| Filing 47 PROPOSED CONSENT ORDER Extending Temporary Restraining Order. (Bosin, Joshua) |
| Filing 46 AMENDED COMPLAINT for Damages and Injunctive Relief against All Defendants with Jury Demand filed by Cunningham Lindsey U.S. LLC. (Attachments: #1 Exhibit Exhibits to Amended Complaint for Damages and Injunctive Relief)(Bosin, Joshua) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
| NOTICE of Hearing on #2 MOTION for Temporary Restraining Order/MOTION for Preliminary Injunction set for 11/27/2018 at 09:30 AM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl) |
| Filing 45 Minute Entry for proceedings held before Judge William M Ray, II: Telephone Conference held on 11/8/2018. Counsel discussed scheduling a hearing on the Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. Defendants to confirm if they will allow a voluntary provisional extension of the TRO; if so, Plaintiff will file a proposed order. Counsel are to contact Ms. Lee to schedule the hearing. (Court Reporter Wynette Blathers)(btql) |
| Filing 44 Joint MOTION for Protective Order by Cunningham Lindsey U.S. LLC. (Attachments: #1 Proposed Stipulated Protective Order)(Bosin, Joshua) |
| NOTICE OF TELECONFERENCE (by docket entry only): A teleconference is set for 11/8/2018 at 2:00 PM before Judge William M Ray II. (jkl) |
| Filing 43 NOTICE by Cunningham Lindsey U.S. LLC of Ongoing Negotiation of Consent Order for Forensic Examination (Bosin, Joshua) |
| Filing 42 NOTICE by Brendan Gallagher, Andrew Wilson Notice of Withdrawal of Written Discovery Requests (Konn, Jamie) |
| Filing 41 NOTICE Of Filing Temporary Restraining Order Bond by Cunningham Lindsey U.S. LLC (Attachments: #1 Exhibit "A" - Temporary Restraining Order Bond)(Bosin, Joshua) |
| Case Reassigned to Judge William M Ray, II. Judge Mark H. Cohen no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:18-cv-04346-WMR. Please make note of this change in order to facilitate the docketing of pleadings in this case. (sap) |
| Filing 40 NOTICE by Cunningham Lindsey U.S. LLC of Withdrawal of Certain Written Discovery Requests and Notices of Deposition (Bosin, Joshua) |
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Filing 39
ORDER granting in part #35 Motion for Reconsideration. See Order for more details. The parties are DIRECTED to present a proposed Consent Order to the Court no later than November 5, 2018, or inform the Court if there are any portions of the imaging procedure for which agreement cannot be reached. Finally, with the consent of the parties, it is hereby ORDERED that the temporary restraining order entered by the Court on October 23, 2018, is extended for an additional fourteen (14) days, to and through November 20, 2018. The hearing on CLUS's Motion for Preliminary Injunction previously set for November 6, 2018, at 10:00 a.m., is CANCELLED. As it appears that this case will be transferred to the Honorable William M. Ray II, further scheduling requests should be directed to Judge Ray after the transfer of this case. Signed by Judge Mark H. Cohen on 10/30/18. (bnw)
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| Filing 38 Minute Entry for proceedings held before Judge Mark H. Cohen: Discovery Hearing(Non-final Pretrial Conference) held on 10/29/2018.Court conducted a telephone conference regarding discovery issues. Court to issue an order. See transcript for details. Hearing Concluded. (Court Reporter Judith Wolff)(bnw) |
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Filing 37
ORDER granting #36 Motion for Extension of Time. The time for Plaintiff Cunningham Lindsey U.S. LLC to respond to Defendants' Motion to Dismiss or file an Amended Complaint is hereby extended to the period through andincluding November 9, 2018. Signed by Judge Mark H. Cohen on 10/29/18. (bnw)
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| NOTICE of TELECONFERENCE HEARING: Discovery Dispute Conference set for 10/29/2018 at 03:30 PM before Judge Mark H. Cohen. (lwb) |
| Clerks Notation re #33 Certificate of Interested Persons reviewed by MHC. (lwb) |
| Filing 36 Consent MOTION for Extension of Time to Respond to Defendants' Motion to Dismiss or File an Amended Complaint re: #24 MOTION to Dismiss with Brief In Support by Cunningham Lindsey U.S. LLC. (Attachments: #1 Proposed Order)(Bosin, Joshua) |
| Filing 35 Emergency MOTION for Reconsideration re #26 Order on Motion for TRO,,,,,, Order on Motion to Expedite,,,,,, Order on Motion to Stay,,,,, by Philip Box, Brendan Gallagher, Andrew Wilson. (Attachments: #1 Text of Proposed Order)(Konn, Jamie) |
| Filing 34 CERTIFICATE OF SERVICE of Discovery by Cunningham Lindsey U.S. LLC.(Bosin, Joshua) |
| Filing 33 Certificate of Interested Persons and Corporate Disclosure Statement by Cunningham Lindsey U.S. LLC identifying Corporate Parent Sedgwick Claims Management Services, Inc., Other Affiliate Sedgwick, Inc., Other Affiliate Sedgwick Holdings, Inc. for Cunningham Lindsey U.S. LLC. (Bosin, Joshua) |
| Filing 32 CERTIFICATE OF SERVICE filed by Philip Box, Brendan Gallagher, Andrew Wilson (Attachments: #1 Box's Expedited Request For Interrogatories, #2 Wilson's Expedited Request For Interrogatories, #3 Wilson's Expedited Request for Interrogatories, #4 Gallagher's Expedited Request For Interrogatories)(Hu, Sydney) |
| Filing 31 CERTIFICATE OF SERVICE filed by Brendan Gallagher (Konn, Jamie) |
| Filing 30 NOTICE to Take Deposition of Cunningham Lindsey U.S., LLC filed by Philip Box, Brendan Gallagher, Andrew Wilson (Konn, Jamie) |
| Filing 29 NOTICE to Take Deposition of Brendan Gallagher filed by Cunningham Lindsey U.S. LLC (Bosin, Joshua) |
| Filing 28 NOTICE to Take Deposition of Andrew Wilson filed by Cunningham Lindsey U.S. LLC (Bosin, Joshua) |
| Filing 27 NOTICE to Take Deposition of Philip Box filed by Cunningham Lindsey U.S. LLC (Bosin, Joshua) |
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Filing 26
ORDER: it is hereby ORDERED that CLUS's #2 Motion for Temporary Restraining Order and Preliminary Injunction against Defendants Philip Box, Peter Bonner, Andrew Wilson, and Brendan Gallagher is GRANTED IN PART and DENIED IN PART. See Order for more details. It is further ORDERED that, pursuant to Federal Rule of Civil Procedure 65 (c), the effectiveness of this TRO shall be conditioned upon CLUS posting a good and sufficient bond, within (14) days of the date of this Order, with sureties acceptable to the Court. The Court finds that a bond in the amount of $100,000.00 would be reasonable. It is further ORDERED that CLUS's #3 Motion for Expedited Discovery and For Immediate Inspection of Electronic Information is GRANTED. Defendants' #25 Motion to Stay Proceedings (which argued that discovery should be stayed until its Motion to Dismiss all claims is resolved) is DENIED AS MOOT. IT IS FURTHER ORDERED that this Temporary Restraining Order will expire (14) days from today's date, unless the Court, for good cause, extends it for a like period or the Defendants consent to a longer extension. IT IS FURTHER ORDERED that a hearing on Plaintiffs Motion for a Preliminary Injunction will be held on November 6, 2018 at 10:00 a.m., in Courtroom 1905 at the United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia. See Order for more details. Signed by Judge Mark H. Cohen on 10/23/18. (bnw)
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| Filing 25 MOTION to Stay with Brief In Support by Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson. (Attachments: #1 Brief Memo in Support)(Konn, Jamie) |
| Filing 24 MOTION to Dismiss with Brief In Support by Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson. (Attachments: #1 Brief in Support)(Konn, Jamie) Modified on 10/17/2018 to correct attachment name (jpa). |
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Filing 23
ORDER GRANTING #22 Motion for Extension of Time to Answer. Defendants' answer is due 10/16/2018. Signed by Judge Mark H. Cohen on 10/9/18. (bnw)
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| Clerks Notation re #16 Certificate of Interested Persons reviewed by MHC. (lwb) |
| Filing 22 Joint MOTION for Extension of Time to File Answer re #1 Complaint,, by Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson. (Attachments: #1 Text of Proposed Order Proposed Order)(Konn, Jamie) |
| Submission of #2 MOTION for Temporary Restraining Order, #3 MOTION to Expedite Discovery and for Immediate Inspection of Electronic Information, to District Judge Mark H. Cohen. (bnw) |
| Filing 21 Request for Leave of Absence for the following date(s): October 8-12 2018, November 1-2, 2018, by Jamie M. Konn. (Konn, Jamie) |
| Filing 20 REPLY to Response to Motion re #3 MOTION to Expedite Discovery and for Immediate Inspection of Electronic Information filed by Cunningham Lindsey U.S. LLC. (Bosin, Joshua) |
| Filing 19 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order filed by Cunningham Lindsey U.S. LLC. (Bosin, Joshua) |
| Filing 18 NOTICE of Appearance by Sydney Hu on behalf of Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson (Hu, Sydney) |
| Filing 17 NOTICE of Appearance by Jamie M. Konn on behalf of Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson (Konn, Jamie) |
| Refund in the amount of $400.00 has been processed, effective 9/26/2018 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Clerks Approval re #13 Application for Refund of Fees paid online. (mec) |
| Filing 16 Certificate of Interested Persons by Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson. (Konn, Jamie) |
| Filing 15 RESPONSE re #3 MOTION to Expedite Discovery and for Immediate Inspection of Electronic Information filed by Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson. (Konn, Jamie) |
| Filing 14 RESPONSE re #2 MOTION for Temporary Restraining Order filed by Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(Konn, Jamie) |
| Filing 13 Application for Refund of Fees paid online through Pay.gov for receipt number 113E-8148025. (Bosin, Joshua) |
| Filing 12 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, Plaintiffs Motion for Expedited Discovery and for Immediate Inspection of Electronic Information, Memorandum of Law in Support of Plaintiffs Motion for Expedited Discovery and for Immediate Inspection of Electronic Information , as to Andrew Wilson. (Bosin, Joshua) |
| Filing 11 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, Plaintiffs Motion for Expedited Discovery and for Immediate Inspection of Electronic Information, Memorandum of Law in Support of Plaintiffs Motion for Expedited Discovery and for Immediate Inspection of Electronic Information , as to Philip Box. (Bosin, Joshua) |
| Filing 10 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, Plaintiffs Motion for Expedited Discovery and for Immediate Inspection of Electronic Information, Memorandum of Law in Support of Plaintiffs Motion for Expedited Discovery and for Immediate Inspection of Electronic Information , as to James Smith. (Bosin, Joshua) |
| Filing 9 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, Plaintiff's Motion for Expedited Discovery and for Immediate Inspection of Electronic Information, Memorandum of Law in Support of Plaintiff's Motion for Expedited Discovery and for Immediate Inspection of Electronic Information , as to Brendan Gallagher. (Bosin, Joshua) |
| Filing 8 AFFIDAVIT of Service for Summons, Complaint, Civil Cover Sheet, Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, Memorandum of Law in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, Plaintiff's Motion for Expedited Discovery and for Immediate Inspection of Electronic Information, Memorandum of Law in Support of Plaintiff's Motion for Expedited Discovery and for Immediate Inspection of Electronic Information , as to Gordon Gibson. (Bosin, Joshua) |
| Filing 7 CERTIFICATE OF SERVICE re #6 Order,, Set Submission Deadline, filed by Cunningham Lindsey U.S. LLC (Bosin, Joshua) |
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Filing 6
ORDER: It is hereby ORDERED that Defendants respond to the TRO Motion and the Discovery Motion (7) days from the date of service. After receiving Defendants' responses, the Court will decide whether a hearing is necessary. Signed by Judge Mark H. Cohen on 9/17/18. (bnw)
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| Filing 5 Electronic Summons Issued as to Peter Bonner, Philip Box, Brendan Gallagher, Gordon Gibson, James Smith, Andrew Wilson. (Attachments: #1 Summons Box, #2 Summons Gallagher, #3 Summons Gibson, #4 Summons Smith, #5 Summons Wilson)(bnw) |
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Filing 4
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Mark H. Cohen on 9/17/18. (bnw)
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| Filing 3 MOTION to Expedite Discovery and for Immediate Inspection of Electronic Information with Brief In Support by Cunningham Lindsey U.S. LLC. (Attachments: #1 Exhibit A - Proposed Order, #2 Memorandum of Law)(Bosin, Joshua) |
| Submission of #2 MOTION for Temporary Restraining Order, to District Judge Mark H. Cohen. (bnw) |
| Filing 2 MOTION for Temporary Restraining Order with Brief In Support by Cunningham Lindsey U.S. LLC. (Attachments: #1 Brief, #2 Exhibit A - Complaint, #3 Exhibit B - Declaration of R. Clay Humphries, #4 Exhibit C - Declaration of Theresa Colina-Ramirez, #5 Exhibit D - Text Proposed Order)(bnw) |
| Filing 1 COMPLAINT with Jury Demand (Filing fee $400, receipt number 113E-8148025) filed by Cunningham Lindsey U.S. LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 9/17/2018 to edit file date (bnw). |
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