Thryv, Inc. v. Shanks et al
| Thryv, Inc. |
| Mark Shanks and UpSwell, LLC |
| 1:2021cv04323 |
| October 15, 2021 |
| US District Court for the Northern District of Georgia |
| Leigh Martin May |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 44 Certification of Consent to Substitution of Counsel. Brett E. Coburn replacing attorney Heather C. Barger and Mia L. Falzarano. (Coburn, Brett) |
ORAL ORDER granting #42 Application for Admission of Dwight M. Francis Pro Hac Vice. Ruled on by Judge Leigh Martin May on 11/16/2021. 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.(bnp)
|
| APPROVAL by Clerks Office re: #43 APPLICATION for Admission of Aimee C. Oleson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11393821). Attorney Aimee Oleson added appearing on behalf of Thryv, Inc. (cdg) |
| APPROVAL by Clerks Office re: #42 APPLICATION for Admission of Dwight M. Francis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11393675). Attorney Dwight M. Francis added appearing on behalf of Thryv, Inc. (cdg) |
|
ORAL ORDER granting #43 Application for Admission of Aimee C. Oleson Pro Hac Vice. Ruled on by Judge Leigh Martin May on 11/16/2021. 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.(bnp)
|
| Filing 43 APPLICATION for Admission of Aimee C. Oleson Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11393821).by Thryv, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Breithaupt, Eric) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 42 APPLICATION for Admission of Dwight M. Francis Pro Hac Vice (Application fee $ 150, receipt number AGANDC-11393675).by Thryv, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Breithaupt, Eric) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 41 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Mia L. Falzarano. Clerk to follow-up by 11/18/2021. (cdg) |
| Filing 40 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Heather C. Barger. Clerk to follow-up by 11/18/2021. (cdg) |
| Filing 39 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Chase Potter. Clerk to follow-up by 11/18/2021. (cdg) |
| Filing 38 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Greg McAllister. Clerk to follow-up by 11/18/2021. (cdg) |
| Filing 37 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Aimee Oleson. Clerk to follow-up by 11/18/2021. (cdg) |
| Filing 36 Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Dwight M. Francis. Clerk to follow-up by 11/18/2021. (cdg) |
|
Filing 35
ORDER: The Court extends to December 31, 2021, the deadline for both Defendants to file their Answers to Plaintiff's Amended Complaint. The parties are to file a status report on their settlement efforts no later than January 5, 2022. Signed by Judge Leigh Martin May on 11/5/2021. (cmd)
|
| Clerks Notation re #28 Certificate of Interested Persons. Read and approved by LMM. (bnp) |
| Clerks Notation re #29 Certificate of Interested Persons and #31 Certificate of Interested Persons. Read and approved by LMM. (bnp) |
| Filing 34 AGREED PRELIMINARY INJUNCTION. Defendant Mark Shanks is prohibited from using the Confidential Information in any way; Defendant Mark Shanks is prohibited (until the sooner of April 12, 2023 or trial on the merits of this lawsuit) from soliciting Thryv's Customers; Defendant Upswell, LLC is prohibited from utilizing the Confidential Information belonging to Thryv in any manner including, but not limited to, to contact or solicit Thryv's current or former customers; and Defendant Upswell, LLC is prohibited (until the sooner of April 12, 2022 or trial on the merits in this lawsuit) from employing Mark Shanks in the Restricted Territory to perform the Services. Signed by Judge Leigh Martin May on 11/4/2021. (cmd) |
|
Filing 33
ORDER denying as moot #10 Motion to Dismiss or to Transfer Venue - As this case has already been transferred, the requested relief is now moot. Entered by Judge Leigh Martin May on 11/04/21. (LMM)
|
| Filing 32 STATUS REPORT by Thryv, Inc.. (Attachments: #1 Text of Proposed Order Agreed Preliminary Injunction)(Breithaupt, Eric) |
| Filing 31 Certificate of Interested Persons by Mark Shanks. (Weinrich, Neal) |
| Filing 30 NOTICE by Mark Shanks of Certificate of Consent to Withdraw Attorneys (Weinrich, Neal) |
| Filing 29 Certificate of Interested Persons and Corporate Disclosure Statement by UpSwell, LLC identifying Corporate Parent Mudlick Acquisition Corp., Corporate Parent Mudlick Holdings, LLC for UpSwell, LLC. (Fox, Kristen) |
| Filing 28 Certificate of Interested Persons and Corporate Disclosure Statement by Thryv, Inc. identifying Corporate Parent Thryv Holdings, Inc. for Thryv, Inc.. (Breithaupt, Eric) |
| Filing 27 NOTICE of Appearance by Eric Joseph Breithaupt on behalf of Thryv, Inc. (Breithaupt, Eric) |
| Filing 26 NOTICE of Appearance by Neal F. Weinrich on behalf of Mark Shanks (Weinrich, Neal) |
| Filing 25 NOTICE of Appearance by Kristen Willoughby Fox on behalf of UpSwell, LLC (Fox, Kristen) |
| Filing 24 NOTICE of Appearance by Brett E. Coburn on behalf of UpSwell, LLC (Coburn, Brett) |
|
Filing 23
STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Leigh Martin May on 10/18/2021. (tcc)
|
| Filing 22 Case transferred in from District of Texas Northern; Case Number 4:21-cv-00812. Original file certified copy of transfer order and docket sheet received. |
|
Filing 21
ORDER: Before the Court is Plaintiff Thryv, Inc. and Defendants Mark Shanks and UpSwell, LLC's #20 Joint Motion to Transfer Venue. The Court finds that the Motion should be GRANTED. Case transferred to Atlanta Division Division of Northern District of Georgia. (Ordered by Judge Mark Pittman on 10/15/2021) (mmw) [Transferred from Texas Northern on 10/15/2021.]
|
| Filing 20 Joint MOTION to Transfer Case out of District/Division filed by Thryv, Inc. (Francis, Dwight) [Transferred from Texas Northern on 10/15/2021.] |
| Submission of #7 MOTION for Injunction (Preliminary and Mandatory), #10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC, to District Judge Leigh Martin May. (aar) |
|
Filing 19
ORDER: Before the Court is Defendant Mark Shanks and UpSwell LLC's Notice and Unopposed Motion for Extension of Time. ECF No. #18 . Having considered the Motion and docket entries, the Court concludes that the Motion should be, and hereby is, GRANTED. (Ordered by Judge Mark Pittman on 10/1/2021) (mmw) [Transferred from Texas Northern on 10/15/2021.]
|
| Filing 18 MOTION for Extension of Time to File Response/Reply to #15 Response/Objection filed by Mark Shanks, UpSwell, LLC (Attachments: #1 Proposed Order) (Barger, Heather) [Transferred from Texas Northern on 10/15/2021.] |
|
Filing 17
ORDER: Lead counsel for each party and any unrepresented party shall confer in a face-to-face conference as soon as practicable. The Joint Report shall be filed on or before October 22, 2021. (Ordered by Judge Mark Pittman on 9/28/2021) (mmw) [Transferred from Texas Northern on 10/15/2021.]
|
| Filing 16 Appendix in Support filed by Thryv, Inc. re #15 Response/Objection to Defendants' Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue (Attachments: #1 Exhibit(s) A) (Francis, Dwight) [Transferred from Texas Northern on 10/15/2021.] |
| Filing 15 RESPONSE filed by Thryv, Inc. re: #10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC (Francis, Dwight) [Transferred from Texas Northern on 10/15/2021.] |
|
Filing 14
ORDER: The Court hereby GRANTS in part the #13 request for an extension of time. Plaintiff is therefore ORDERED to file its response to Defendants' #10 Motion to Dismiss on or before September 17, 2021. (Ordered by Judge Mark Pittman on 9/3/2021) (bdb) [Transferred from Texas Northern on 10/15/2021.]
|
| Filing 13 MOTION for Extension of Time to File Response/Reply to #10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC filed by Thryv, Inc. (Attachments: #1 Proposed Order) (Francis, Dwight) [Transferred from Texas Northern on 10/15/2021.] |
| Filing 12 Appendix in Support filed by UpSwell, LLC re #10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC (Barger, Heather) [Transferred from Texas Northern on 10/15/2021.] |
| Filing 11 Brief/Memorandum in Support filed by UpSwell, LLC re #10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC (Barger, Heather) [Transferred from Texas Northern on 10/15/2021.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction re Mark Shanks and UpSwell, LLC filed by UpSwell, LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Barger, Heather) [Transferred from Texas Northern on 10/15/2021.] |
|
Filing 9
JOINT STIPULATION... The deadline for Defendants to answer Plaintiff's Amended Complaint (ECF No. #5 ) and file any Rule 12(b)(2)-(5) motions is extended to August 13, 2021. The deadline for Defendants to respond to Plaintiff's requested injunctive relief (ECF No. #7 ) be rescheduled and the hearing on July 29, 202l be reset for some time after the Court has decided the forthcoming jurisdictional challenges. (Ordered by Judge Mark Pittman on 7/29/2021) (wxc) Modified on 7/29/2021 (chmb). [Transferred from Texas Northern on 10/15/2021.]
|
| Filing 8 Joint STIPULATION by Thryv, Inc.. (Francis, Dwight) [Transferred from Texas Northern on 10/15/2021.] |
| Filing 7 MOTION for Injunction (Preliminary and Mandatory) filed by Thryv, Inc. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Francis, Dwight) [Transferred from Texas Northern on 10/15/2021.] |
|
Filing 6
ORDER...Plaintiff has filed no motion seeking injunctive relief. In order to more efficiently resolve the issues presented, the Court ORDERS Plaintiff to file a motion addressing the injunctive relief it seeks on or before July 27, 2021. The Court further ORDERS Defendants to respond on or before 12:00 p.m. July 29, 2021. The Court sets this matter for hearing on July 29, 2021, at 1:30 p.m. in the Fourth Floor Courtroom of the Eldon B. Mahon United States Courthouse, located at 501 W. 10th Street, Fort Worth, Texas. All parties and their counsel are ORDERED to attend. (Ordered by Judge Mark Pittman on 7/26/2021) (wxc) [Transferred from Texas Northern on 10/15/2021.]
|
| Filing 5 AMENDED COMPLAINT and Application for Preliminary Injunction, Mandatory Injunction and Permanent Injunction against All Defendants filed by Thryv, Inc.. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4) (Francis, Dwight) [Transferred from Texas Northern on 10/15/2021.] |
| Filing 4 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Thryv, Inc.. (Francis, Dwight) [Transferred from Texas Northern on 10/15/2021.] |
| Filing 3 New Case Notes: A filing fee has been paid. File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (tln) [Transferred from Texas Northern on 10/15/2021.] |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Mark Shanks. (McAllister, Greg) Modified filer name on 7/6/2021 (pef). [Transferred from Texas Northern on 10/15/2021.] |
| Filing 1 NOTICE OF REMOVAL filed by Mark Shanks. (Filing fee $402; receipt number 0539-12023240) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Appendix in Support of Notice of Removal) (McAllister, Greg) Modified filer name on 7/6/2021 (pef). [Transferred from Texas Northern on 10/15/2021.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Georgia Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
