In Re Subpoena to Thomas Horstemeyer, LLP
| In Re Subpoena to Thomas Horstemeyer, LLP, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., Harold B. Kivlan, IV, William Gresham and David Couchot |
| Thomas Horstemeyer LLP |
| 1:2023cv04966 |
| October 30, 2023 |
| US District Court for the Northern District of Georgia |
| William M Ray |
| Other Statutory Actions |
| None |
Docket Report
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This docket was last retrieved on December 7, 2023. A more recent docket listing may be available from PACER.
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| Filing 20 Consent MOTION to Stay and Status Report by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, Harold B. Kivlan, IV. (Cornwell, Dorothy) |
| Filing 19 Minute Entry for proceedings held before Judge William M. Ray, II: Motion Hearing held on 12/7/2023 re #1 MOTION to Compel. Court heard argument on the details of the subpoena and motion to compel. Court instructed counsel to spend the afternoon in person attempting to resolve the issue among themselves and notify the Court by the end of the day if they were successful. If not, the Court intends to enter an order transferring the case to North Carolina on December 8. (Court Reporter Geraldine Glover)(jpa) |
Filing 18
ORDER granting #11 Motion to seal and it is ordered that the provisionally sealed #10 affidavit be sealed. Signed by Judge William M. Ray, II on 12/5/23. (jpa)
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| Clerk's Certificate of Mailing as to Emily M. Haas re #16 Order on Application for Admission PHV. (jpa) |
| Clerk's Certificate of Mailing as to John R. Trembath re #17 Order on Application for Admission PHV. (jpa) |
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Filing 17
ORDER granting #15 Application for Admission Pro Hac Vice of John R. Trembath. Signed by Judge William M. Ray, II on 12/4/23. 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.(jpa)
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Filing 16
ORDER granting #14 Application for Admission Pro Hac Vice of Emily M. Haas. Signed by Judge William M. Ray, II on 12/4/23. 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.(jpa)
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| APPROVAL by Clerks Office re: #14 APPLICATION for Admission of Emily M. Haas Pro Hac Vice. (Application fee $ 100, receipt number AGANDC-13062964). Attorney Emily Michele Haas added appearing on behalf of David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, Harold B. Kivlan, IV. E-filing access may be requested after an order granting the application is entered. (cpp) |
| Submission of #11 MOTION for Leave to File to File Matters Under Seal, to District Judge William M. Ray II. (sll) |
| APPROVAL by Clerks Office re: #15 APPLICATION for Admission of Jon R. Trembath Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13066531). Attorney Jon R. Trembath added appearing on behalf of David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, Harold B. Kivlan, IV. E-filing access may be requested after an order granting the application is entered. (cpp) |
| Filing 15 APPLICATION for Admission of Jon R. Trembath Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13066531).by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, Harold B. Kivlan, IV. (Attachments: #1 Text of Proposed Order)(Cornwell, Dorothy) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 14 APPLICATION for Admission of Emily M. Haas Pro Hac Vice.by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, Harold B. Kivlan, IV. (Attachments: #1 Text of Proposed Order)(Cornwell, Dorothy) Documents for this entry are not available for viewing outside the courthouse. |
| RETURN of #13 APPLICATION for Admission of Emily M. Haas Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13062964) to attorney for correction. Reason for return: if applicant is representing more than one party, they must list additional parties on page three of application. (cpp) |
| Filing 13 APPLICATION for Admission of Emily M. Haas Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13062964).by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, Harold B. Kivlan, IV. (Attachments: #1 Text of Proposed Order)(Cornwell, Dorothy) Documents for this entry are not available for viewing outside the courthouse. |
| Filing 12 NOTICE of Hearing on #1 MOTION to Compel Compliance with a Subpoena or Transfer for 12/7/2023 at 11:00 AM in ATLA Courtroom 1705 before Judge William M. Ray II. (jpa) |
| Submission of #7 FINAL REPORT AND RECOMMENDATION re #1 MOTION to Compel Compliance with a Subpoena or Transfer filed by Fluorofusion Specialty Chemicals, Inc., Dynatemp International, Inc., Harold B. Kivlan, IV, William Gresham, David Couchot, to District Judge William M. Ray II. (sll) |
| Filing 11 MOTION for Leave to File Matters Under Seal re #10 Affidavit by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, In Re Subpoena to Thomas Horstemeyer, LLP, Harold B. Kivlan, IV. (Attachments: #1 Brief, #2 Text of Proposed Order)(dob) Modified on 11/14/2023 to add applicable link (dob). |
| Filing 10 PROVISIONALLY SEALED AFFIDAVIT in Support re #1 MOTION to Compel Compliance with a Subpoena or Transfer filed by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, In Re Subpoena to Thomas Horstemeyer, LLP, Harold B. Kivlan, IV. (dob) (dob). |
| Filing 9 REPLY to Response to Motion re #1 MOTION to Compel Compliance with a Subpoena or Transfer filed by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, Harold B. Kivlan, IV. (Attachments: #1 Affidavit of Emily Hass)(dob) |
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Filing 8
ORDER for Service of #7 Final Report and Recommendation,, by Magistrate Judge Linda T. Walker. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Linda T. Walker on 11/8/2023. (tas)
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| Filing 7 FINAL REPORT AND RECOMMENDATION that #1 MOTION to Compel Compliance with a Subpoena or Transfer be DENIED. However, if the District Court finds that the substance of the present Motion should be addressed, the undersigned RECOMMENDS that the Motion [Doc. 1] be TRANSFERRED to the United States District Court for the Eastern District of North Carolina because the pertinent facts weigh in favor of finding exceptional circumstances as required by Rule 45(f). As this is a Final Report and Recommendation and there are no other matters pending before this Court, the Clerk is DIRECTED to terminate the reference to the undersigned. Signed by Magistrate Judge Linda T. Walker on 11/8/2023. (tas) |
| Submission of #1 MOTION to Compel Compliance with a Subpoena or Transfer, to Magistrate Judge Linda T. Walker. (jpa) |
| Submission of #1 MOTION to Compel Compliance with a Subpoena or Transfer, to Judge William M. Ray. (jpa) |
| Case reported statistically. Matter transferred from 1:23-mi-96-WMR-LTW. (jpa) |
| Filing 6 RESPONSE re #1 MOTION to Compel Compliance with a Subpoena or Transfer filed by Thomas Horstemeyer LLP. (Attachments: #1 Exhibit Exhibit A - Declaration of N. Andrew Crain, #2 Exhibit Exhibit B - Declaration of Joseph Staley, #3 Exhibit Exhibit C - 10.12.23 Letter from Dynatemp, #4 Exhibit Exhibit D - EDNC Doc. 327, #5 Exhibit Exhibit E - EDNC Doc. 328)(Spina, Paul) |
| Filing 5 NOTICE of Appearance by Paul Joseph Spina, IV on behalf of Thomas Horstemeyer LLP (Spina, Paul) |
| Filing 4 NOTICE of Appearance by Norman Andrew Crain on behalf of Thomas Horstemeyer LLP (Crain, Norman) |
| Filing 3 Return of Service Executed by Harold B. Kivlan, IV, William Gresham, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., David Couchot. (Cornwell, Dorothy) |
| Filing 2 NOTICE by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, In Re Subpoena to Thomas Horstemeyer, LLP, Harold B. Kivlan, IV Civil Cover Sheet (Cornwell, Dorothy) |
| Submission of #1 MOTION to Compel Compliance with Subpoena or Transfer to Magistrate Judge Linda T. Walker. (pdt) |
| Filing Fee Paid: $49, receipt number AGANDC-12904777 (pdt) |
| Filing 1 MOTION to Compel Compliance with Subpoena or Transfer by David Couchot, Dynatemp International, Inc., Fluorofusion Specialty Chemicals, Inc., William Gresham, Harold B. Kivlan, IV. (Attachments: #1 Affidavit, #2 Civil Cover Sheet) (pdt) |
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