Gentiva Health Services, Inc. v. Verhoeve
| Gentiva Health Services, Inc. |
| Paul Verhoeve |
| 1:2019cv01912 |
| April 29, 2019 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Contract: Other |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 26, 2019. A more recent docket listing may be available from PACER.
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Filing 26
ORDER dismissing this case with prejudice re #25 Stipulation of Dismissal filed by Gentiva Health Services, Inc.. Signed by Judge Michael L. Brown on 6/26/2019. (dob)
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| Filing 25 STIPULATION of Dismissal with Prejudice (Joint) by Gentiva Health Services, Inc.. (Attachments: #1 Text of Proposed Order)(Van Dyke, Christopher) |
| Civil Case Terminated. (dob) |
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Filing 24
ORDER granting #23 Motion for Extension of Time to Answer re #1 Complaint,, Paul Verhoeve Answer due 7/17/2019. Signed by Judge Michael L. Brown on 6/17/2019. (dob)
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| Filing 23 Unopposed MOTION for Extension of Time to File Answer by Paul Verhoeve. (Attachments: #1 Text of Proposed Order)(Johnston, Michael) |
| NOTICE (by docket entry only). The preliminary injunction hearing set for 6/5/2019 is CANCELLED. The parties notified the Court that they have settled this matter in principle. (bgt) |
| Filing 22 NOTICE of Appearance by Kevin Jordan O'Brien on behalf of Paul Verhoeve (O'Brien, Kevin) |
| Filing 21 NOTICE of Appearance by Natasha Horne Moffitt on behalf of Paul Verhoeve (Moffitt, Natasha) |
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ORDER (by docket entry only). The parties were instructed to contact the Court if they required expedited discovery. (Dkt. #18 .) Plaintiff has requested that the Court order Defendant to respond to three document requests before the preliminary injunction hearing set for June 5, 2019. The Court thus ORDERS Defendant to respond or object to Plaintiff's discovery requests on or before June 4, 2019. Ordered by Judge Michael L. Brown on 5/31/2019. (bgt)
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| Filing 20 TRANSCRIPT of Proceedings (TRO) held on 05/22/2019, before Judge Michael L. Brown. Court Reporter/Transcriber Jana B. Colter, FAPR, RMR, CRR, CRC. A full directory of court reporters and their contact information can be found at www.gand.uscourts.gov/directory-court-reporters. 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 6/18/2019. Redacted Transcript Deadline set for 6/28/2019. Release of Transcript Restriction set for 8/26/2019. (Attachments: #1 Notice of Filing Transcript) (jbc) |
| Filing 19 DISREGARD - FILED IN ERROR PER ATTORNEY CERTIFICATE OF SERVICE filed by Gentiva Health Services, Inc. Plaintiff's First Request for Production of Documents to Defendant (Jain, Sapna) Modified on 5/24/2019 (bgt). |
| Notification of Docket Correction re #19 Certificate of Service. Document filed in error per attorney Sapna K. Jain. (bgt) |
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Filing 18
ORDER. The Court GRANTS in part Gentiva's Motion for Temporary Restraining Order. (Dkt. #5 .) Under Federal Rule of Civil Procedure 65 and pending a further hearing on a renewed motion for a preliminary injunction, the Court ENJOINS and RESTRAINS Verhoeve for a period of fourteen days from providing to Mission Healthcare or any of Gentiva's competitors management, strategic, operations, financial, or other services that are the same as or substantially similar to the services that he provided to Gentiva during his last two years of employment. This restriction is limited to California, Nevada, Arizona, New Mexico, Texas, Arkansas, Washington, Idaho, Oregon, and Colorado. The Court ORDERS that any violation of the term(s) of this order will be punishable by contempt and other appropriate relief that this Court finds just and proper. The Court DIRECTS the parties to contact the Court should they require expedited discovery. The Court sets an evidentiary hearing for 11:00 a.m. on June 5, 2019, to consider whether to convert this temporary restraining order into a preliminary injunction. The Court instructs Gentiva to be prepared to provide additional evidence about Verhoeves role within the company, the strategic relationships that he developed, the goodwill he created, and how Verhoeve will damage those without on-going injunctive relief. Signed by Judge Michael L. Brown on 5/23/2019. (bgt)
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| Filing 17 NOTICE of Appearance by Darrick L. McDuffie on behalf of Paul Verhoeve (McDuffie, Darrick) |
| Filing 16 Minute Entry for proceedings held before Judge Michael L. Brown: Motion Hearing held on 5/22/2019 re #5 MOTION for Temporary Restraining Order filed by Gentiva Health Services, Inc.. The Court GRANTED Plaintiff's motion. A written order is forthcoming. (Court Reporter Jana B. Colter)(dob) |
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Filing 15
ORDER: The Court has now read Defendant Paul Verhoeve's Memorandumin Opposition to Plaintiff's Motion for Temporary Restraining Order(Dkt. 12). Having spent that time, the Court rescinds its prior orderrequiring Defendant Verhoeve to file a memorandum that complies withthe Court's page limitations (Dkt. 14). The only benefit from a re-filingwould be the desire for litigants to follow the rules. While a valid concern,what s done is done. Everyone should prepare for tomorrow s hearing. Signed by Judge Michael L. Brown on 5/21/19. (bjh)
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Filing 14
RESCINDED PER ORDER #15 ORDER Denying Defendant's #13 Motion for Leave to File Excess Pages. The Court ORDERS Defendant to file a brief in opposition to Plaintiff's motion for a temporary restraining order #5 that is limited in length to twenty-five (25) pages by 12:00 PM on May 21, 2019, or Plaintiffs motion will be deemed unopposed. See LR7.1B,NDGa. Signed by Judge Michael L. Brown on 5/21/19. (bjh) Modified on 5/21/2019 (bjh).
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| Filing 13 Consent MOTION for Leave to File Excess Pages by Paul Verhoeve. (Attachments: #1 Text of Proposed Order)(Johnston, Michael) |
| Filing 12 RESPONSE in Opposition re #5 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Paul Verhoeve. (Attachments: #1 Appendix, #2 Exhibit A -10-K, #3 Exhibit B - VerHoeve Decl., #4 Exhibit C - Abad Decl., #5 Exhibit D - Mitchem Decl., #6 Exhibit E - Molina Decl., #7 Exhibit F - Finnegan Decl., #8 Exhibit G - Breckner Decl., #9 Exhibit H - Parubrub Decl., #10 Exhibit I - Mariano Decl., #11 Exhibit J - Mohney Decl., #12 Exhibit K - California Lawsuit)(Johnston, Michael) |
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Filing 11
ORDER granting #10 Motion for Extension of Time to Answer re #1 Complaint,, Paul Verhoeve Answer due 6/17/2019. Signed by Judge Michael L. Brown on 5/20/2019. (dob)
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| Filing 10 Unopposed MOTION for Extension of Time Respond to Complaint by Paul Verhoeve. (Attachments: #1 Text of Proposed Order)(Johnston, Michael) Modified on 5/20/2019 to edit event used (dob). |
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Filing 9
ORDER granting #8 Motion for Extension of Time to file Response re #5 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED on or before 5/20/2019. The hearing will be held on Wednesday 5/22/2019 at 10:00 EDT. Signed by Judge Michael L. Brown on 5/14/2019. (dob)
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| Set/Reset Deadlines as to #5 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED per Order No 9. Motion Hearing set for 5/22/2019 at 10:00 AM in ATLA Courtroom 1906 before Judge Michael L. Brown. (dob) |
| Filing 8 MOTION for Extension of Time of Time to File Response to, and to Reschedule the Hearing re: #6 Order Setting Hearing on Motion,,, by Paul Verhoeve. (Attachments: #1 Text of Proposed Order)(Johnston, Michael) |
| Filing 7 AFFIDAVIT of Service for Letter, Order, Motion for Temporary Restraining Order , as to Paul VerHoeve. (Van Dyke, Christopher) |
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Filing 6
ORDER. Plaintiff Gentiva Health Services, Inc. has moved for the Court to issue a temporary restraining order ("TRO") against Defendant Paul VerHoeve, (Dkt. #5 ). Plaintiff requests the Court set an immediate hearing on the motion. The Court thus SETS a hearing on the TRO request for Friday, May 17, 2019, at 10:30 a.m. EDT, to take place before the Honorable Michael L. Brown, in Courtroom 1906, Richard B. Russell Federal Building, 75 Ted Turner Drive, SW, Atlanta, Georgia 30303. The Court ORDERS Plaintiff to immediately serve a copy of this order on Defendant and file proof of service on the docket. The Court ORDERS Defendant to file, on or before May 15, 2019, his response to the TRO motion. The response brief may be in the form of a letter, if he chooses. Signed by Judge Michael L. Brown on 5/10/2019. (bgt)
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| Filing 5 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by Gentiva Health Services, Inc.. (Attachments: #1 Exhibit A - Amended Employment Agreement)(Van Dyke, Christopher) |
| Filing 4 AFFIDAVIT of Service for Complaint and Summons, as to Paul VerHoeve. (Van Dyke, Christopher) |
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Filing 3
STANDING ORDER regarding civil litigation. Signed by Judge Michael L. Brown on 11/26/2018. (bgt)
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| Filing 2 Electronic Summons Issued as to Paul Verhoeve. (bnw) |
| Filing 1 COMPLAINT with Jury Demand filed by Gentiva Health Services, Inc. (Filing fee $400, receipt number AGANDC-8625140) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Amended Agreement)(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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