Mercer Global Advisors Inc. v. Crowley
| Mercer Global Advisors Inc. |
| Charles Crowley |
| 1:2021cv03932 |
| September 23, 2021 |
| US District Court for the Northern District of Georgia |
| J P Boulee |
| Defend Trade Secrets Act (of 2016) |
| Defendant |
Docket Report
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This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Submission of #46 MOTION for Leave to File Matters Under Seal re: #44 Response in Opposition to Motion, #43 MOTION for Leave to File Matters Under Seal re: #42 Notice of Filing to District Judge J. P. Boulee. (jkl) |
| Submission of #31 MOTION for Summary Judgment, to District Judge J. P. Boulee. (nmb) |
| Submission of #33 MOTION for Summary Judgment , to District Judge J. P. Boulee. (nmb) |
| Filing 48 REPLY BRIEF re #33 MOTION for Summary Judgment filed by Mercer Global Advisors Inc.. (Attachments: #1 Statement of Material Facts)(Nichols, Alan) |
| Filing 47 REPLY BRIEF re #31 MOTION for Summary Judgment filed by Charles Crowley. (Attachments: #1 Reply to Mercer's Response to Crowley's Statement of Undisputed Facts, #2 Response to Mercer's Statement of Additional Undisputed Facts)(Newton, Daniel) |
| Filing 46 MOTION for Leave to File Matters Under Seal re: #44 Response in Opposition to Motion, with Brief In Support by Mercer Global Advisors Inc.. (Attachments: #1 Proposed Order)(Nichols, Alan) |
| Filing 45 PROVISIONALLY SEALED NOTICE Of Filing by Mercer Global Advisors Inc. re #44 Response in Opposition to Motion, (Mercer's Notice of Filing Ex. 1 in Opposition to Defendant's MSJ under seal) (Attachments: #1 Exhibit 1)(Nichols, Alan) |
| Filing 44 RESPONSE in Opposition re #31 MOTION for Summary Judgment filed by Mercer Global Advisors Inc.. (Attachments: #1 Response to Crowley's Statement of Disputed Facts, #2 Mercer's Statement of Additional Material Facts, #3 Exhibit 1)(Nichols, Alan) |
| Filing 43 MOTION for Leave to File Matters Under Seal re: #42 Notice of Filing,, by Charles Crowley. (Newton, Daniel) |
| Filing 42 PROVISIONALLY SEALED NOTICE Of Filing Exhibits to Response to Summary Judgment by Charles Crowley re #41 Response in Opposition to Motion,, (Attachments: #1 Exhibit 1 - Crowley's Touchpoint List, #2 Exhibit 2 - Emails regarding Crowley's personal cell phone number, #3 Exhibit 3 - Emails regarding meeting with Crenshaw, #4 Exhibit 4 - Emails regarding meeting with Horton, #5 Exhibit 5 - Emails regarding meeting with Ellis, #6 Exhibit 6 - Mercer's AUM Spreadsheet)(Newton, Daniel) |
| Filing 41 RESPONSE in Opposition re #33 MOTION for Summary Judgment filed by Charles Crowley. (Attachments: #1 Exhibit Exhibit 1 - Filed Provisionally Under Seal, #2 Exhibit Exhibit 2 - Filed Provisionally Under Seal, #3 Exhibit Exhibit 3 - Filed Provisionally Under Seal, #4 Exhibit Exhibit 4 - Filed Provisionally Under Seal, #5 Exhibit Exhibit 5 - Filed Provisionally Under Seal, #6 Exhibit Exhibit 6 - Filed Provisionally Under Seal, #7 Exhibit Exhibit 7 - Declaration of Brian Hays, #8 Exhibit 8 - Declaration of Charles Crowley, #9 Exhibit 9 - Crowley Deposition Excepts, #10 Statement of Material Facts Response to Plaintiff's Statement of Undisputed Facts)(Newton, Daniel) |
| Submission of #39 MOTION for Leave to File Matters Under Seal re: #32 Notice of Filing,, #36 Notice of Filing Provisionally Sealed Materials, to District Judge J. P. Boulee. (jkl) |
| Submission of #30 MOTION for Leave to File Documents Under Seal, to District Judge J. P. Boulee. (jkl) |
| Submission of #35 MOTION for Leave to File Matters Under Seal re: #34 Notice of Filing Exhibits to Summary Judgment Motion Under Seal, to District Judge J. P. Boulee. (jkl) |
For good cause shown, the #40 Unopposed Motion for Modification of the Scheduling Order is GRANTED. IT IS HEREBY ORDERED that responses to motions for summary judgment shall be filed no later than September 9, 2022. Replies, if any, shall be filed no later than September 23, 2022. So ordered by Judge J. P. Boulee on 8/23/2022. (jkl)
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| Filing 40 Unopposed MOTION for Modification of Scheduling Order Order on Motion for Extension of Time to Complete Discovery, with Brief In Support by Mercer Global Advisors Inc.. (Attachments: #1 Exhibit A - Proposed Order)(Nichols, Alan) |
| Filing 39 MOTION for Leave to File Matters Under Seal re: #32 Notice of Filing,, #36 Notice of Filing Provisionally Sealed Materials by Charles Crowley. (Newton, Daniel) |
| Filing 38 Withdrawal of Motion re #29 MOTION for Leave to File Brief in Excess of Page Limits of Local Rule 7.1 filed by Charles Crowley. (Newton, Daniel) Modified to edit event text on 8/5/2022 (ceo). |
| Filing 37 NOTICE Of Filing Transcript of Deposition of Charles Crowley by Charles Crowley re #31 MOTION for Summary Judgment (Newton, Daniel) |
| Filing 36 PROVISIONALLY SEALED NOTICE Of Filing Transcript of Deposition of Cathy Miller by Charles Crowley re #31 MOTION for Summary Judgment (Newton, Daniel) |
| Filing 35 MOTION for Leave to File Matters Under Seal re: #34 Notice of Filing Exhibits to Summary Judgment Motion Under Seal with Brief In Support by Mercer Global Advisors Inc.. (Attachments: #1 Text of Proposed Order)(Nichols, Alan) |
| Filing 34 PROVISIONALLY SEALED NOTICE Of Filing by Mercer Global Advisors Inc. re #33 MOTION for Summary Judgment Exhibit A and (Attachments: #1 Exhibit F)(Nichols, Alan) |
| Filing 33 MOTION for Summary Judgment with Brief In Support by Mercer Global Advisors Inc.. (Attachments: #1 Statement of Material Facts, #2 Text of Proposed Order, #3 Exhibit A - Slip Sheet, #4 Exhibit B - RCA, #5 Exhibit C - EA, #6 Exhibit D - Resignation Ltr, #7 Exhibit E - Crowley Email, #8 Exhibit F - Slip Sheet, #9 Exhibit G - Veracity RCA, #10 Exhibit H - Crowley Responses to Interrogatories, #11 Exhibit I - AFA RCA, #12 Exhibit J - Answer, #13 Exhibit K - Crowley Dep Excerpt, #14 Exhibit L - Miller Declaration)(Nichols, Alan) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 32 PROVISIONALLY SEALED NOTICE Of Filing Exhibits in Support of Motion for Summary Judgment by Charles Crowley re #31 MOTION for Summary Judgment (Attachments: #1 Exhibit 2 - Mercer Analysis Emails, #2 Exhibit 5 - Crowley Resignation Letter, #3 Exhibit 6 - Mercer Emails Regarding Resignation, #4 Exhibit 7 - Miller Client Contact List, #5 Exhibit 8 - Touchpoint List, #6 Exhibit 9 - Mercer's List of Allegedly Solicited Clients, #7 Exhibit Excerpts of Deposition of Cathy Miller)(Newton, Daniel) Modified on 8/9/2022 to correct docket text (nmb). |
| Filing 31 MOTION for Summary Judgment with Brief In Support by Charles Crowley. (Attachments: #1 Statement of Material Facts Statement of Undisputed Facts, #2 Brief Memorandum of Law in Support, #3 Exhibit Excerpts of Crowley Deposition, #4 Exhibit Exhibit 3 - Declaration of Charles Crowley, #5 Exhibit Exhibit 4 - Associate Presentation, #6 Exhibit Exhibit 10 - Declaration of Lewis Amick, #7 Exhibit Exhibit 11 - Declaration of Margo Amick, #8 Exhibit Exhibit 12 - Declaration of Richard Crenshaw, #9 Exhibit Exhibit 13 - Declaration of Donald McMichen, #10 Exhibit Exhibit 14 - Declaration of Benjamin Ellis, #11 Exhibit Exhibit 15 - Declaration of Tracy Elder, #12 Exhibit Exhibit 16 - Declaration of Rob Broeren, #13 Exhibit Exhibit 17 - Declaration of Brent Whisenant, #14 Exhibit Exhibit 18 - Declaration of Aaron Townsend, #15 Exhibit Exhibit 19 - Declaration of Patrick Dixon, #16 Exhibit Exhibit 20 - Declaration of Ryan Bilthouse, #17 Exhibit Exhibit 21 - Declaration of Ian Shaw, #18 Exhibit Exhibit 22 - Declaration of Marilyn Mraz, #19 Exhibit Exhibit 23 - Declaration of Martha Olson, #20 Exhibit Exhibit 24 - Declaration of Robert Tonkin, #21 Exhibit Exhibit 25 - Declaration of Richard Fleming, #22 Exhibit Exhibit 26 - Declaration of Curt Kersey, #23 Exhibit Exhibit 27 - Declaration of Thomas Duane, #24 Exhibit Exhibit 28 - Declaration of Karen Snider)(Newton, Daniel) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- |
| Filing 30 MOTION for Leave to File Documents Under Seal by Charles Crowley. (Newton, Daniel) |
| Filing 29 MOTION for Leave to File Brief in Excess of Page Limits of Local Rule 7.1 by Charles Crowley. (Newton, Daniel) |
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Filing 28
ORDER granting #27 Motion for Protective Order. IT IS HEREBY ORDERED that the Stipulated Protective Order Doc. [27-1] is approved and incorporated by reference as if fully set forth herein. Signed by Judge J. P. Boulee on 4/14/2022. (abm)
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| Filing 27 Joint MOTION for Protective Order with Brief In Support by Mercer Global Advisors Inc.. (Attachments: #1 Exhibit Ex. 1 - Proposed Stipulated Protective Order)(Nichols, Alan) |
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ORDER {by Docket Entry Only}: For good cause shown, the Unopposed Motion for Partial Relief from Local Rule 83.1(B)(4) #26 is GRANTED. IT IS HEREBY ORDERED that Ralph D. Gaines, III shall be permitted to serve as local counsel. Ordered by Judge J. P. Boulee on 4/6/22. (ceo)
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| Filing 26 Unopposed MOTION Partial Relief from Local Rule 83.1(B)(4) by Charles Crowley. (Attachments: #1 Text of Proposed Order Proposed Order)(Newton, Daniel) |
| Filing 25 Certificate of Consent to Withdraw James Fielding and Jedd Mendelson as Counsel by Charles Crowley. (Fielding, James) Modified on 4/5/2022 to edit text (ane). |
| Filing 24 Unopposed MOTION for Extension of Time to Complete Discovery by Charles Crowley. (Newton, Daniel) |
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ORDER {by Docket Entry only}: For good cause shown, the Unopposed Motion for Extension of Time #24 is GRANTED. IT IS HEREBY ORDERED that discovery is extended through and including July 5, 2022. Dispositive motions shall be filed no later than August 4, 2022. Ordered by Judge J. P. Boulee on 3/30/22. (ceo)
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| Filing 23 APPLICATION for Admission of Ralph D. Gaines, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11692156).by Charles Crowley. (Newton, Daniel) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #23 APPLICATION for Admission of Ralph D. Gaines, III Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11692156). to attorney for correction re: Local Counsel (Must be local). (cdg) |
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ORDER {by Docket Entry Only}: Pursuant to this Court's Standing Order, which can be found on the United States District Court for the Northern District of Georgia website, http://www.gand.uscourts.gov/case-prep-judge-boulee, the Court requires parties to submit their discovery disputes to the Court before filing discovery motions (including motions to compel, motions for protective order and motions for sanctions). In the event a discovery dispute cannot be resolved, the Standing Order mandates that the parties file a Consolidated/Joint Discovery Statement in which the parties describe the dispute and succinctly summarize their respective positions and the relief requested. The Consolidated Statement is not to exceed 6 pages double-spaced. Because the parties have not complied with the standing order before filing a discovery motion, the motion #22 is DENIED without prejudice. Ordered by Judge J. P. Boulee on 3/29/22. (ceo)
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| Filing 22 MOTION to Compel Discovery and Extend Deadlines with Brief In Support by Charles Crowley. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K)(Newton, Daniel) |
| Filing 21 NOTICE of Appearance by Daniel Jacob Newton on behalf of Charles Crowley (Newton, Daniel) |
| Filing 20 Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson: Mediation held on 3/2/2022. Continued to 3/10/2022 at 10:00 a.m. forfourth mediation session. (klb) |
| Filing 19 Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson: Mediation held on 2/24/2022. Continued for third session. (klb) |
| Set Hearings: Mediation Hearing set for 3/2/2022 at 10:00 AM in No Courtroom before Magistrate Judge Walter E. Johnson. (klb) |
| NOTICE: Effective immediately, all communications related to cases assigned to Judge Boulee should be directed to 404-215-1410 or CRD_JPB@gand.uscourts.gov. (cavc) |
| Filing 18 Minute Entry for proceedings held before Magistrate Judge Walter E. Johnson: Mediation held on 2/10/2022. Continued for second session. (klb) |
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Filing 17
ORDER scheduling Mediation. Mediation Hearing set for Thursday, 2/10/2022 at 10:00 AM before Magistrate Judge Walter E. Johnson. Signed by Magistrate Judge Walter E. Johnson on 1/25/22. (klb)
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| CASE REFERRED to Settlement Judge Magistrate Judge Walter E. Johnson. (bnw) |
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Filing 16
ORDER: On December 21, 2021, Defendant wrote to this Court seeking an order requiring the parties to participate in mediation. Plaintiff did not respond to Defendant's request. As a result, Defendant's request is GRANTED. This matter is REFERRED to Chief Magistrate Judge Alan J. Baverman to be assigned to the appropriate Magistrate Judge for mediation. Signed by Judge J. P. Boulee on 1/18/22. (bnw)
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| Submission of #15 MOTION Request for Mediation before a U.S. Magistrate Judge , to District Judge J. P. Boulee. (bnw) |
| Filing 15 MOTION Request for Mediation before a U.S. Magistrate Judge by Charles Crowley. (Fielding, James) |
| Filing 14 CERTIFICATE OF SERVICE on Defendant's First set of Interrogatories and First set of Requests for Production of Documents to Plaintiff by Charles Crowley.(Fielding, James) |
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Filing 13
SCHEDULING ORDER re: #12 Joint Preliminary Report and Discovery Plan. Discovery ends on 4/4/2022. Motions due by 5/4/2022. Signed by Judge J. P. Boulee on 12/13/2021. (cmd)
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| Filing 12 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Mercer Global Advisors Inc.. (Nichols, Alan) |
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Filing 11
ORDER: The parties are HEREBY ORDERED to file the Joint Preliminary Report and Discovery Plan no later than December 15, 2021. The parties are notified that a failure to comply with this Order may result in sanctions, including dismissal. In the event a Joint Preliminary Report and Discovery Plan is not filed, the Clerk is DIRECTED to submit the case at the expiration of the applicable time period. Signed by Judge J. P. Boulee on 12/8/2021. (cmd)
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| Clerks Notation re #9 #10 Certificates of Interested Persons APPROVED by JPB. (bnw) |
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ORDER granting #7 Application for Admission of Jedd Mendelson Pro Hac Vice. Signed by Judge J. P. Boulee on 11/8/21. 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.(bnw) Modified on 11/9/2021 to edit docket text (abm).
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| APPROVAL by Clerks Office re: #7 APPLICATION for Admission of Jedd Mendelson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11367972). Attorney Jedd E. Mendelson added appearing on behalf of Charles Crowley (gas) |
| Filing 10 Certificate of Interested Persons and Corporate Disclosure Statement by Mercer Global Advisors Inc.. (Nichols, Alan) Modified on 11/9/2021 to edit docket text(abm). |
| Filing 9 Certificate of Interested Persons and Corporate Disclosure Statement by Charles Crowley, identifying Other Affiliate Veracity Capital for Charles Crowley . (Fielding, James) Modified on 11/8/2021 to edit text (vs). |
| Filing 8 Defendant's ANSWER to #1 COMPLAINT with Jury Demand by Charles Crowley. Discovery ends on 4/4/2022.(Fielding, James) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. |
| Filing 7 APPLICATION for Admission of Jedd Mendelson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11367972).by Charles Crowley. (Attachments: #1 Text of Proposed Order)(Fielding, James) Documents for this entry are not available for viewing outside the courthouse. |
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ORDER: For good cause shown, the #6 Consent Motion for Extension of Time to Respond to Complaint is GRANTED. IT IS HEREBY ORDERED that Defendant's deadline to respond to Plaintiff's Complaint is extended through and including November 3, 2021. Signed by Judge J. P. Boulee on 11/1/21. (bnw)
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ORDER granting #5 Application for Jason Gerstein Admission for Pro Hac Vice. Signed by Judge J. P. Boulee on 11/1/21. 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.(bnw) Modified on 11/8/2021 (abm).
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| Filing 6 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Charles Crowley. (Attachments: #1 Text of Proposed Order on Consent Motion for Extension of Time to Respond to Complaint)(Fielding, James) |
| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Jason Gerstein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11347197).. Attorney Jason Gerstein added appearing on behalf of Mercer Global Advisors Inc. (nmb) |
| Filing 5 APPLICATION for Admission of Jason Gerstein Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11347197).by Mercer Global Advisors Inc.. (Nichols, Alan) Documents for this entry are not available for viewing outside the courthouse. |
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ORDER: For good cause shown, the #4 Consent Motion for Extension is GRANTED. IT IS HEREBY ORDERED that Defendant's deadline to respond to Plaintiff's Complaint is extended through and including October 29, 2021. Signed by Judge J. P. Boulee on 10/19/21. (bnw)
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| Filing 4 Consent MOTION for Extension of Time to File Answer with Brief In Support by Mercer Global Advisors Inc.. (Attachments: #1 Text of Proposed Order)(Nichols, Alan) |
| Filing 3 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Jason Gerstein. Clerk to follow-up by 10/25/2021. (cdg) |
| Filing 2 Electronic Summons Issued as to Charles Crowley. (eop) |
| Filing 1 COMPLAINT filed by Mercer Global Advisors Inc.. (Filing fee $402.00, receipt number AGANDC-11280843) (Attachments: #1 Exhibit -A, #2 Exhibit -B, #3 Exhibit -C, #4 Civil Cover Sheet, #5 Exhibit - Attachment - Unsigned CCS)(eop) 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: Mercer Global Advisors Inc. | |
| Represented By: | Alan Shane Nichols |
| Represented By: | Jason Gerstein |
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| Defendant: Charles Crowley | |
| Represented By: | Jedd E. Mendelson |
| Represented By: | Daniel Jacob Newton |
| Represented By: | James Fielding |
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