Cady Studios, LLC v. Clift
| Cady Studios, LLC |
| Wendy Wilson Clift |
| 1:2018cv04670 |
| October 8, 2018 |
| US District Court for the Northern District of Georgia |
| Mark H Cohen |
| Contract: Other |
| Plaintiff |
Docket Report
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Filing 33
SCHEDULING ORDER: re: #30 Joint Preliminary Report and Discovery Plan. Signed by Judge Mark H. Cohen on 12/6/18. (bnw)
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Filing 32
ORDER granting #31 Motion to Stay. Signed by Judge Mark H. Cohen on 12/3/18. (bnw)
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ORDER REFERRING CASE to Settlement Judge Magistrate Judge Justin S. Anand. IT IS ORDERED that this case is hereby referred to mediation with a Magistrate Judge. Pursuant to the Standard Operating Procedures for the Northern District of Georgia, this case is hereby assigned to the Honorable Justin S. Anand to preside over mediation. The parties shall contact Judge Anand within five days of the date of this order to schedule the time and place for mediation. IT IS FURTHER ORDERED that this proceeding and all deadlines, including the discovery period, are hereby stayed pending the outcome of mediation. The parties will promptly advise the Court of the status of mediation at its conclusion. In the event this case does not settle at mediation, the pretrial order will be due 14 days after the scheduled date of mediation. Signed by Magistrate Judge Justin S. Anand on 12/3/18. (bnw)
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| Filing 31 Consent MOTION to Stay Discovery and Refer Case to Magistrate for Mediation with Brief In Support by Cady Studios, LLC, Cady Studios, LLC, Cady Studios, LLC. (Schwartz, Debra) |
| Filing 30 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Cady Studios, LLC, Cady Studios, LLC, Cady Studios, LLC. (Schwartz, Debra) |
| Filing 29 TRANSCRIPT of Proceedings held on 11/5/18 (Mot Prelim Inj), before Judge Mark H. Cohen. Court Reporter/Transcriber Judith M. Wolff, Telephone number 404-215-1317. 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 12/18/2018. Redacted Transcript Deadline set for 12/28/2018. Release of Transcript Restriction set for 2/25/2019. (Attachments: #1 Notice of Filing Transcript) (pjm) |
| Filing 28 ANSWER to #1 COMPLAINT with Jury Demand , Amended COUNTERCLAIM against Cady Studios, LLC with Jury Demand by Wendy Wilson Clift. (Attachments: #1 Exhibit letter to waterboy, #2 Exhibit letter to LifeTouch)(Dalziel, Charles) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
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Filing 27
ORDER :For good cause shown and pursuant to the discretion granted to the Court under Federal Rule of Civil Procedure 6, the Court hereby GRANTS Plaintiff's #26 extension through and including December 10, 2018 to serve its responsive pleading to Defendant's counterclaims. Signed by Judge Mark H. Cohen on 11/21/18. (bnw)
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| Filing 26 Consent MOTION for Extension of Time File A Responsive Pleading to Defendant's Counterclaim re: #15 Answer to Complaint,, Counterclaim, with Brief In Support by Cady Studios, LLC, Cady Studios, LLC. (Schwartz, Debra) |
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Filing 25
ORDER: it is hereby ORDERED that Plaintiff's #2 Motion for Preliminary Injunction is GRANTED IN PART and DENIED IN PART. It is ORDERED that Defendant Wendy Wilson Clift is hereby ENJOINED during the pendency of this litigation from directly or indirectly competing with Cady Studios or becoming engaged in any way in any business which competes with Cady Studios in violation ofherNon-Compete Agreement or applicable law. Plaintiffs Motion for Preliminary Injunction is otherwise DENIED. Signed by Judge Mark H. Cohen on 11/13/18. (bnw)
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| Filing 24 NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by Cady Studios, LLC. Exhibits to be Destroyed.. (Redo, Charlotte) |
| Submission of #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, to District Judge Mark H. Cohen. (bnw) |
| Filing 23 NOTICE TO COURT regarding RECLAMATION AND DISPOSITION OF UNCLAIMED EXHIBITS pursuant to Local Rule 79.1D(2) filed by Wendy Wilson Clift Re: #20 Exhibits,. Exhibits to be Destroyed.. (Dalziel, Charles) |
| Filing 22 NOTICE TO Defendant's COUNSEL OF RECORD for Wendy Wilson Clift regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #20 Exhibits. (bnw) |
| Filing 21 NOTICE TO Plaintiff's COUNSEL OF RECORD for Cady Studios, LLC regarding RECLAMATION AND DISPOSITION OF UNCLAIMED Documentary EXHIBITS pursuant to Local Rule 79.1D. Re: #19 Exhibits. (bnw) |
| Filing 20 EXHIBITS (Defendant's Exhibit 1-2) admitted and retained at the #17 Motion Hearing have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Defendant's Exhibit 1, #2 Defendant's Exhibit 2)(bnw) |
| Filing 19 EXHIBITS (Plaintiff's Exhibits 1-6) admitted and retained at the #17 Motion Hearing have been received from Courtroom Deputy and placed in the custody of the Records Clerks. (Attachments: #1 Plaintiff's Exhibit 1, #2 Plaintiff's Exhibit 2, #3 Plaintiff's Exhibit 3, #4 Plaintiff's Exhibit 4, #5 Plaintiff's Exhibit 5, #6 Plaintiff's Exhibit 6)(bnw) |
| Filing 18 DUPLICATE ENTRY Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing held on 11/5/2018 re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Cady Studios, LLC. Plaintiff's witness John Martyn Jr. sworn and testified. Plaintiff's exhibit 1 Employee Handbook identified. Plaintiff's exhibit 2 ADP Audit identified. Plaintiff's exhibit 3 Non-Compete and Non-Solicitation Agreement identified. Plaintiff Joshua Cady sworn and testified. Plaintiff's exhibit 4 Offer Letter identified. Plaintiff's exhibit 5 Email identified. Plaintiff's exhibit 6 Vickery Creek Elementary School facebook post identified. Plaintiff's exhibits 1 through 6 were admitted. Defendant's exhibit 1 School List identified. Defendant Wendy Clift sworn and testified. Defendant's exhibit 2 Cady Studios Job Description identified. Defendant's exhibits 1 and 2 admitted. Court instructed parties to become familiar with the Court's Standing Order. Court heard arguments from each party. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Judith Wolff)(jpa) |
| Filing 17 Minute Entry for proceedings held before Judge Mark H. Cohen: Motion Hearing(PI or TRO Hearing-Evidentiary) held on 11/5/2018 re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Cady Studios, LLC. Plaintiff's witness John Martyn Jr. sworn and testified. Plaintiff's exhibit 1 Employee Handbook identified. Plaintiff's exhibit 2 ADP Audit identified. Plaintiff's exhibit 3 Non-Compete and Non- Solicitation Agreement identified. Plaintiff Joshua Cady sworn and testified. Plaintiff's exhibit 4 Offer Letter identified. Plaintiff's exhibit 5 Email identified. Plaintiff's exhibit 6 Vickery Creek Elementary School facebook post identified. Plaintiff's exhibits 1 through 6 were admitted. Defendant's exhibit 1 School List identified. Defendant Wendy Clift sworn and testified. Defendant's exhibit 2 Cady Studios Job Description identified. Defendant's exhibits 1 and 2 admitted. Court instructed parties to become familiar with the Court's Standing Order. Court heard arguments from each party. Hearing Concluded. Exhibits retained to be forwarded to the Clerks Office. (Court Reporter Judith Wolff)(bnw) (Additional attachment(s) added on 11/6/2018: #1 Corrected Minute Sheet) (bnw). (Additional attachment(s) added on 11/6/2018: #2 Corrected Minute Sheet) (bnw). |
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ORDER taking under advisement #2 Motion for Preliminary; Injunction; Motion for TRO ; denying #14 Motion to Quash. (Ruled on in #17 Minutes) by Judge Mark H. Cohen on 11/5/18. (bnw)
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| Filing 16 RESPONSE re #14 MOTION to Quash Rule 45 Subpoena to Plaintiff Defendant's Response to Plaintiffs Motion to Quash Subpoena filed by Wendy Wilson Clift. (Dalziel, Charles) |
| Filing 15 ANSWER to #1 COMPLAINT with Jury Demand ( Discovery ends on 4/3/2019.), COUNTERCLAIM against Cady Studios, LLC with Jury Demand by Wendy Wilson Clift. (Attachments: #1 Exhibit Waldschmidt Complaint)(Dalziel, Charles) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 14 MOTION to Quash Rule 45 Subpoena to Plaintiff with Brief In Support by Cady Studios, LLC. (Schwartz, Debra) |
| Filing 13 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Wendy Wilson Clift. (Attachments: #1 Affidavit Declaration Aldrich, #2 Affidavit Declaration Feldkamp, #3 Affidavit Declaration Gravitt)(Dalziel, Charles) |
| Filing 12 NOTICE by Wendy Wilson Clift Notice of Subpoena Including Command for Documents to Be Produced One Hour Before the Hearing (Attachments: #1 Exhibit copy of subpoena)(Dalziel, Charles) |
| Filing 11 REPLY to Response to Motion re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, #7 Emergency MOTION for Hearing re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Notice of Objections to Defendant's Declaration filed by Cady Studios, LLC. (Schwartz, Debra) |
| Filing 10 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Wendy Wilson Clift. (Attachments: #1 Affidavit wendy wilson clift)(Dalziel, Charles) |
| Filing 9 CERTIFICATE of Counsel /CERTIFICATE OF SERVICE by Debra E. Schwartz on behalf of Cady Studios, LLC (Schwartz, Debra) |
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Filing 8
ORDER: It is hereby ORDERED that Plaintiff's #7 Motion for an Immediate Order Setting an Expedited Hearing on its Request for a Preliminary Injunction is DENIED WITHOUT PREJUDICE. Nevertheless, in an effort to expedite consideration of Plaintiff's Motion for TRO, it is further ORDERED that Defendant file a response to Plaintiff's Motion for TRO no later than October 26, 2018, and that Plaintiff's file any reply to such response no later than October 30, 2018. It is further ORDERED that a hearing on Plaintiff's #2 Motion for Temporary Restraining Order and Preliminary Injunction be held before the undersigned on November 5, 2018, at 9:30 a.m., in Courtroom 1905 of the Richard B. Russell United States Courthouse, 75 Ted Turner Drive, S.W., Atlanta, Georgia. It is further ORDERED that Plaintiff serve a copy of this Order on Defendant at her last known physical and email address and provide proof of such service on the docket. Signed by Judge Mark H. Cohen on 10/18/18. (bnw)
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| Filing 7 Emergency MOTION for Hearing re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction with Brief In Support by Cady Studios, LLC. (Schwartz, Debra) |
| Filing 6 Return of Service Executed by Cady Studios, LLC. All Defendants. (Redo, Charlotte) |
| Refund in the amount of $400.00 has been processed, effective 10/12/2018 in response to Clerks Action on Application for Refund of Fees paid online. (kns) |
| Clerks Approval re #4 Application for Refund of Fees paid online. (mmc) |
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Filing 5
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Mark H. Cohen on 10/9/18. (bnw)
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| Filing 4 Application for Refund of Fees paid online through Pay.gov for receipt number 113E8192426. (Schwartz, Debra) |
| Filing 3 Electronic Summons Issued as to Wendy Wilson Clift. (bnw) |
| Submission of #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, to District Judge Mark H. Cohen. (bnw) |
| Filing 2 MOTION for Temporary Restraining Order and MOTION for Preliminary Injunction with Brief In Support by Cady Studios, LLC. (bnw) |
| Filing 1 COMPLAINT with Jury Demand filed by Cady Studios, LLC.(Filing fee $400, receipt number 113E-8192474) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(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. |
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| Plaintiff: Cady Studios, LLC | |
| Represented By: | Charlotte J. Redo |
| Represented By: | Debra E. Schwartz |
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| Defendant: Wendy Wilson Clift | |
| Represented By: | Charles M. Dalziel, Jr. |
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