Mauser USA, LLC v. Wilburn
Plaintiff: Mauser USA, LLC
Defendant: Tom Wilburn
Case Number: 1:2019cv02361
Filed: May 23, 2019
Court: US District Court for the Northern District of Georgia
Presiding Judge: Amy Totenberg
Nature of Suit: Contract: Other
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 16, 2019 Submission of #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) to District Judge Amy Totenberg. (bnp)
July 15, 2019 Filing 38 REPLY to Response to Motion re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) filed by Tom Wilburn. (Polly, Ronald)
July 8, 2019 Filing 37 CERTIFICATE OF SERVICE of Defendant's Initial Disclosures by Tom Wilburn.(Polly, Ronald)
July 8, 2019 Filing 36 CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Mauser USA, LLC.(Wozniak, Todd)
July 1, 2019 Filing 35 RESPONSE in Opposition re #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) filed by Mauser USA, LLC. (Wozniak, Todd)
June 28, 2019 Filing 34 CERTIFICATE OF SERVICE of Discovery by Mauser USA, LLC.(Wozniak, Todd)
June 28, 2019 Filing 33 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Mauser USA, LLC. (Wozniak, Todd)
June 28, 2019 Filing 32 NOTICE by Mauser USA, LLC of Intent to Serve Non-Party Subpoenas (Wozniak, Todd)
June 28, 2019 Filing 31 CERTIFICATE OF SERVICE of Discovery by Tom Wilburn.(Boyd, Matthew)
June 26, 2019 Opinion or Order ORDER (by docket entry only) approving #30 Proposed Consent Order. Discovery in this action shall commence on June 28, 2019 and shall close on December 28, 2019; initial disclosures required by Rule 26(a) shall be served by the parties on July 8, 2019; the parties shall appear at a hearing for the Court to decide whether to convert the Parties Agreed Upon Temporary Restraining Order [D.E. 24] to a preliminary injunction or permanent injunction at 10:30 a.m. on October 31, 2019 in Courtroom 2308 at the United States District Court for the Northern District of Georgia Atlanta Division, Richard B. Russell Federal Building, 2211 United States Courthouse, 75 Ted Turner Drive, SW, Atlanta, GA 30303. By Judge Amy Totenberg on 6/26/19. (hfm)
June 25, 2019 Submission of #30 Proposed Consent Order to District Judge Amy Totenberg. (bnp)
June 24, 2019 Filing 30 PROPOSED CONSENT ORDER Parties' Agreed Scheduling Order re: #24 Order (Polly, Ronald) Modified on 6/25/2019 to edit text (bnp).
June 19, 2019 Opinion or Order Filing 29 STIPULATED PROTECTIVE ORDER. Signed by Judge Amy Totenberg on 6/19/2019. (Attachments: #1 Exhibit A to Stipulated Protective Order)(bnp)
June 17, 2019 Filing 28 Verified ANSWER to #1 COMPLAINT by Tom Wilburn. Discovery ends on 11/14/2019. (Attachments: #1 Verification of Tom Wilburn)(Polly, Ronald) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
June 17, 2019 Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Partial Motion to Dismiss) with Brief In Support by Tom Wilburn. (Attachments: #1 Brief)(Polly, Ronald)
June 17, 2019 Opinion or Order ORDER by docket entry only granting #17 and #18 Applications for Admission Pro Hac Vice. By Judge Amy Totenberg on 6/17/19. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(hfm)
June 14, 2019 Submission of #26 Notice of Filing of Proposed Stipulated Protective Order to District Judge Amy Totenberg. (bnp)
June 13, 2019 Filing 26 NOTICE Of Filing of Proposed Stipulated Protective Order by Mauser USA, LLC (Attachments: #1 Text of Proposed Order Proposed Stipulated Protective Order)(Wozniak, Todd) Modified on 6/14/2019 to edit text (bnp).
June 13, 2019 APPROVAL by Clerks Office re: #17 APPLICATION for Admission of Jana H. Woelfel Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Jana H. Woelfel added appearing on behalf of Tom Wilburn (pmb)
June 13, 2019 APPROVAL by Clerks Office re: #18 APPLICATION for Admission of Drake Lawsage Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.. Attorney Drake Lawsage added appearing on behalf of Tom Wilburn (pmb)
June 12, 2019 Opinion or Order Filing 25 ORDER: The Court DENIES WITHOUT PREJUDICE the parties' Proposed Stipulated Protective Order [Doc. 23-1]. The parties are DIRECTED to revise Paragraph 14 of their proposed protective order to be consistent with Section III(f) of the Court's Standing Order and LR App H, Section II(J) and re-file the proposed order for approval by the Court. Signed by Judge Amy Totenberg on 6/12/2019. (bnp)
June 12, 2019 Opinion or Order Filing 24 PARTIES' AGREED TEMPORARY RESTRAINING ORDER. Within ten (10) calendar days of the date of this Order, the Parties shall present the Court with (a) the proposed Protective Order, and (b) a proposed scheduling order that details how discovery shall proceed in this matter, the proposed date(s) for a preliminary injunction and/or permanent injunction hearing, and any other matter the Parties wish the Court to consider or to which the Parties desire direction. In light of the Parties' agreements as described herein, Plaintiff's #3 Motion for Expedited Discovery is denied without prejudice and without denial of the right to re-file, as applicable. (See Order for other specifics.) Signed by Judge Amy Totenberg on 6/12/2019. (bnp)
June 12, 2019 Submission of #23 PROPOSED ORDER (Parties' Agreed Temporary Restraining Order) to District Judge Amy Totenberg. (bnp)
June 11, 2019 Filing 23 PROPOSED ORDER (Parties' Agreed Temporary Restraining Order) by Tom Wilburn. (Attachments: #1 Text of Proposed Order Proposed Stipulated Protective Order)(Polly, Ronald) Modified on 6/12/2019 to edit event type and remove Motion(bnp).
June 11, 2019 Opinion or Order Filing 22 ORDER granting #20 Motion for Leave to File Excess Pages. Defendant is granted leave to file a response in opposition to Plaintiff's Motion for Temporary Restraining Order up to, but not to exceed, thirty-eight (38) pages in length NUNC PRO TUNC. Signed by Judge Amy Totenberg on 6/11/2019. (bnp)
June 10, 2019 Filing 21 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Tom Wilburn. (Attachments: #1 Affidavit Declaration of Tom Wilburn)(Polly, Ronald)
June 10, 2019 Filing 20 MOTION for Leave to File Excess Pages by Tom Wilburn. (Attachments: #1 Text of Proposed Order)(Polly, Ronald)
June 10, 2019 Filing 19 RESPONSE in Opposition re #3 MOTION to Expedite Discovery filed by Tom Wilburn. (Polly, Ronald)
June 10, 2019 Submission of #3 MOTION to Expedite Discovery to District Judge Amy Totenberg. (bnp)
June 7, 2019 Filing 18 APPLICATION for Admission of Drake Lawsage Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Tom Wilburn. (Polly, Ronald)
June 7, 2019 Filing 17 APPLICATION for Admission of Jana H. Woelfel Pro Hac Vice. Documents for this entry are not available for viewing outside the courthouse.by Tom Wilburn. (Polly, Ronald)
June 7, 2019 RETURN of #15 APPLICATION for Admission of Jana H. Woelfel Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8705859). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)
June 7, 2019 RETURN of #16 APPLICATION for Admission of Drake Lawsage Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8705872). Documents for this entry are not available for viewing outside the courthouse. to attorney for correction re: courts. (pmb)
June 4, 2019 Filing 16 APPLICATION for Admission of Drake Lawsage Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8705872). Documents for this entry are not available for viewing outside the courthouse.by Tom Wilburn. (Polly, Ronald)
June 4, 2019 Filing 15 APPLICATION for Admission of Jana H. Woelfel Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8705859). Documents for this entry are not available for viewing outside the courthouse.by Tom Wilburn. (Polly, Ronald)
June 4, 2019 Filing 14 NOTICE of Appearance by Matthew A. Boyd on behalf of Tom Wilburn (Boyd, Matthew)
June 4, 2019 Filing 13 NOTICE of Appearance by Ronald G. Polly, Jr on behalf of Tom Wilburn (Polly, Ronald)
June 3, 2019 Filing 12 NOTICE by Mauser USA, LLC To Court Regarding Confirming Defendant's Notice of Hearing on Plaintiff's Motion for Temporary Restraining Order (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wozniak, Todd)
June 3, 2019 Opinion or Order Filing 11 ORDER Setting Hearing on the #2 MOTION for Temporary Restraining Order. Hearing set for 6/13/2019 at 10:30 AM in ATLA Courtroom 2308 before Judge Amy Totenberg. The Court DIRECTS Plaintiff to immediately provide Defendant with a copy of this Order and to file a Notice on the docket confirming notice of the hearing. Signed by Judge Amy Totenberg on 06/03/19. (aaq)
May 28, 2019 Filing 10 NOTICE of Plaintiff's First Supplemental Notice by Mauser USA, LLC (Attachments: #1 Exhibit A, #2 Exhibit B)(Wozniak, Todd) Modified on 5/29/2019 to edit text(bnp).
May 28, 2019 Filing 9 NOTICE Of Filing by Mauser USA, LLC of Certificate of Compliance (Attachments: #1 Certificate of Compliance)(Wozniak, Todd)
May 28, 2019 Opinion or Order Filing 8 STANDING ORDER: GUIDELINES TO PARTIES AND COUNSEL PROCEEDING BEFORE THE HONORABLE AMY TOTENBERG. You are required to sign and file a Certificate of Compliance in a format consistent with the Certificate of Compliance attached hereto. To request to file material under seal, the Parties should follow the mechanism described in Section II(J) of Appendix H to the Court's Local Civil Rules. Signed by Judge Amy Totenberg on 5/28/2019. (bnp)
May 24, 2019 Filing 7 NOTICE of Intent to Serve Defendant by Mauser USA, LLC (Attachments: #1 Exhibit A)(Wozniak, Todd)
May 24, 2019 Opinion or Order Filing 6 ORDER re #2 MOTION for Temporary Restraining Order. The Court DIRECTS Plaintiff to file a Notice on the docket confirming whether Plaintiff has provided notice to Defendant of the filing of the Verified Complaint, Motion for Temporary Restraining Order, and Motion for Expedited Discovery. If Plaintiff has not yet provided notice to Defendant, the Court DIRECTS Plaintiff to immediately serve Defendant with a copy of the Verified Complaint, Motion for Temporary Restraining Order, Motion for Expedited Discovery, and this Order, and to file a Notice on the docket once service is made. Signed by Judge Amy Totenberg on 5/24/2019. (bnp)
May 24, 2019 Filing 4 Electronic Summons Issued as to Tom Wilburn. (bnp)
May 24, 2019 Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED to District Judge Amy Totenberg. (bnp)
May 23, 2019 Filing 5 Certificate of Interested Persons and Corporate Disclosure Statement by Mauser USA, LLC. (bnp)
May 23, 2019 Filing 3 MOTION for Expedited Discovery and Incorporated Memorandum of Law by Mauser USA, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(bnp)
May 23, 2019 Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by Mauser USA, LLC. (Attachments: #1 Brief for TRO, #2 Text of Proposed Order)(bnp)
May 23, 2019 Filing 1 Verified COMPLAINT with Jury Demand filed by Mauser USA, LLC. (Filing fee $400, receipt number AGANDC-8683368) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Civil Cover Sheet)(bnp) 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: Mauser USA, LLC
Represented By: Keshia McCrary Tiemann
Represented By: Todd David Wozniak
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Defendant: Tom Wilburn
Represented By: Matthew A. Boyd
Represented By: Ronald G. Polly, Jr.
Represented By: Drake Lawsage
Represented By: Jana H. Woelfel
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