WestRock Services, LLC v. Sealey et al
Plaintiff: WestRock Services, LLC
Defendant: Interstate Resources, Inc. doing business as DS Smith North America Packaging and Paper and Larry Heath Sealey
Case Number: 2:2020cv00180
Filed: August 4, 2020
Court: US District Court for the Northern District of Georgia
Presiding Judge: Richard W Story
Nature of Suit: Other Statutory Actions
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 29, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 29, 2020 Opinion or Order Filing 43 EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (dgs) (ADI)
September 25, 2020 Submission of #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , to District Judge Richard W. Story. (rsg)
September 24, 2020 Filing 42 REPLY BRIEF re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Interstate Resources, Inc.. (Gibbs, John)
September 21, 2020 Opinion or Order Filing 41 TEMPORARY RESTRAINING ORDER is hereby extended through October 8, 2020. Signed by Judge Richard W. Story on 09/21/2020. (rsg)
September 14, 2020 Filing 40 CERTIFICATE OF SERVICE of Plaintiff's First Interrogatories and First Request for Production of Documents to Heath Sealey; and First Interrogatories and First Request for Production of Documents to DS Smith by WestRock Services, LLC.(Boyd, Matthew)
September 10, 2020 Opinion or Order Filing 39 ORDER: As stated in the hearing, the Court finds that WestRock has met its burden under Fed. R. Civ. P. 65 concerning the need for immediate injunctive relief. Accordingly, its Motion for a Temporary Restraining Order [Dkt. 2] is hereby GRANTED. DS Smiths Motion to Strike [Dkt. 19] is hereby DENIED. Defendants Sealey and DS Smith are temporarily RESTRAINED, under Fed. R. Civ. P. 65, from knowingly possessing, accessing, disclosing, or using any document which constitutes a trade secret under applicable law, including the Defend Trade Secrets Act of 2016, 18 U.S.C. 1836, et seq. and the Georgia Uniform Trade Secrets Act, O.C.G.A. 10-1-760, et seq., or which otherwise constitutes confidential WestRock information. The provisions of this Order shall REMAIN in place for 14 DAYS from the date of its entry, unless extended by the Court or by agreement by the Parties. The Parties shall INFORM the Court whether they consent to an extension of such provisions no later than SEPTEMBER 21. DS Smiths Motion for Entry of an Order [Dkt. 36] is hereby DENIED as moot. Defendants Sealey and DS Smith are ORDERED to respond to the written discovery served on them by WestRock within 30 DAYS of service. All parties are ORDERED to commence forensic discovery in accordance with the Protocol attached as EXHIBIT A within 14 DAYS of this Order. Prior to the commencement of forensic discovery, and no later than SEPTEMBER 21, DS Smith is ORDERED to identify its IT person(s) knowledgeable regarding its IT systems and hardware and make such individual(s) available for a telephone or video conference to occur at a mutually acceptable time once forensic discovery begins. Signed by Judge Richard W. Story on 9/10/2020. (dgr)
September 10, 2020 Filing 38 RESPONSE in Opposition re #28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by WestRock Services, LLC. (Boyd, Matthew)
September 9, 2020 Filing 37 RESPONSE re #36 MOTION for Order on Reasonable Expedited Discovery filed by WestRock Services, LLC. (Attachments: #1 Exhibit A - Proposed Order)(Boyd, Matthew)
September 8, 2020 Filing 36 MOTION for Order on Reasonable Expedited Discovery with Brief In Support by Interstate Resources, Inc.. (Attachments: #1 Brief, #2 Text of Proposed Order)(Gibbs, John)
September 4, 2020 Opinion or Order Filing 35 ORDER granting #34 Motion for Extension of Time. The Court hereby ORDERS that Plaintiff and Defendant have until September 8, 2020 to submit their proposed order on forensic discovery to the Court. Signed by Judge Richard W. Story on 9/4/2020. (dgr)
September 4, 2020 Filing 34 Consent MOTION for Extension of Time File Proposed Order Re: Forensic Proposal by WestRock Services, LLC. (Boyd, Matthew)
September 2, 2020 Filing 33 Minute Entry for proceedings held before Judge Richard W. Story: taking under advisement #2 Motion for TRO; Motion Hearing held on 9/2/2020 re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by WestRock Services, LLC. Cause came before the Court for a TRO Hearing. All counsel and parties appeared via Zoom. The Court heard arguments from counsel. A written order will follow. (Court Reporter Amanda Lohnaas)(dgr)
September 2, 2020 Opinion or Order Filing 32 SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (dgs) (ADI)
September 1, 2020 AMENDED NOTICE of Hearing on Motion re: #2 MOTION for Temporary Restraining Order. Motion Hearing reset for 9/2/2020 at 12:30 PM before Judge Richard W. Story. Zoom log-in information remains the same as noticed on 08/24/2020. (sk)
August 31, 2020 Opinion or Order Filing 31 ORDER granting #5 Motion for Leave to File Excess Pages. IT IS HEREBY ORDERED that Plaintiff be granted an additional thirteen (13) pages for its Brief in Support of Motion for Temporary Restraining Order and Preliminary Injunction, thereby permitting Plaintiff to file a Brief not to exceed thirty-eight (38) pages. Signed by Judge Richard W. Story on 8/31/2020. (dgr)
August 31, 2020 Opinion or Order Filing 30 ORDER granting #4 Motion to Seal Document 9 Notice of Filing. For good cause shown, the Court GRANTS Plaintiffs Motion to File Under Seal, and allows the following documents filed in support of Plaintiffs Motion for Temporary Restraining Order to be filed under seal in this case: 1. All exhibits to the Declaration of Christopher Hall; 2. All exhibits to the Declaration of Peter Durette; 3. Exhibits A and B to the Declaration of Ronald G. Polly, Jr.; 4. And the portions of Plaintiffs Complaint and Brief in Support of its Motion for Temporary Restraining Order and Preliminary Injunction which describe and/or discuss the confidential information contained in the documents listed above. Redacted versions of the foregoing materials will remain on the public docket, but the unredacted versions of the foregoing documents shall be kept under seal. Signed by Judge Richard W. Story on 8/31/2020. (dgr)
August 28, 2020 Filing 29 Certificate of Interested Persons and Corporate Disclosure Statement by Interstate Resources, Inc. identifying Corporate Parent DS Smith PLC, Other Affiliate DS Smith North America Packaging and Paper for Interstate Resources, Inc.. (Gibbs, John)
August 27, 2020 Filing 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Interstate Resources, Inc.. (Attachments: #1 Brief Brief in Support of Motion to Dismiss)(Gibbs, John)
August 27, 2020 Filing 27 Certificate of Interested Persons by Larry Heath Sealey. (Dean, Jason)
August 27, 2020 Filing 26 ANSWER to #1 COMPLAINT with Jury Demand by Larry Heath Sealey. Discovery ends on 1/25/2021.(Dean, Jason) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions.
August 25, 2020 Submission of #4 MOTION to Seal Document #3 Notice of Filing, #5 MOTION for Leave to File Excess Pages, to District Judge Richard W. Story. (rsg)
August 24, 2020 NOTICE OF VIDEO PROCEEDING re: #2 MOTION for Temporary Restraining Order. Motion Hearing set for 9/2/2020 at 01:30 PM in GAINESVILLE Courtroom 103 before Judge Richard W. Story. Connection Instructions: https://ganduscourts.zoomgov.com/j/1615976893 Password 855322; Dial In 1-646-828-7266 ID: 161 597 6893 Password: 855322. You must follow the instructions of the Court for remote proceedings available #here. The procedure for filing documentary exhibits admitted during the proceeding is available #here. Photographing, recording, or broadcasting of any judicial proceedings, including proceedings held by video teleconferencing or telephone conferencing, is strictly and absolutely prohibited. (sk)
August 21, 2020 Filing 25 NOTICE Of Filing by Interstate Resources, Inc. re #18 Response in Opposition to Motion, Notice of Filing Declaration of Joshua Z. Burnette (Attachments: #1 Exhibit 1 - Declaration of Joshua Z. Burnette)(Gibbs, John)
August 21, 2020 Filing 24 RESPONSE in Opposition re #19 MOTION to Strike #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by WestRock Services, LLC. (Boyd, Matthew)
August 21, 2020 Filing 23 REPLY BRIEF re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by WestRock Services, LLC. (Attachments: #1 Exhibit A - [PROPOSED] Written Discovery)(Boyd, Matthew)
August 20, 2020 Filing 22 NOTICE of Appearance by Abbott S. Hayes, Jr on behalf of Larry Heath Sealey (Hayes, Abbott)
August 20, 2020 Filing 21 NOTICE of Appearance by Jason A. Dean and Abbott Hayes on behalf of Larry Heath Sealey. (Dean, Jason) Modified on 8/20/2020 to identify all counsel appearing (sk).
August 19, 2020 Clerk's Certificate of Mailing as to Larry Heath Sealey re #20 Order o. (dgr)
August 19, 2020 NOTICE of Hearing on Motion re: #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED Motion Hearing set for 8/24/2020 at 01:30 PM in GAIN Courtroom 303 before Judge Richard W. Story. (dgr)
August 18, 2020 Opinion or Order Filing 20 ORDER granting #16 Motion for Extension of Time. After due consideration, Defendants' Motion #16 is GRANTED, such that Defendants' response to the Motion for Temporary Restraining Order, Expedited Discovery, and Preliminary Injunction shall be due not later than August 21, 2020. Plaintiffs Motion for Temporary Restraining Order is set for hearing on Monday, August 24, 2020, at 1:30 PM in Courtroom 303, US Courthouse, Gainesville, Georgia. Signed by Judge Richard W. Story on 8/18/2020. (dgr)
August 18, 2020 Filing 19 MOTION to Strike #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED by Interstate Resources, Inc.. (Gibbs, John)
August 18, 2020 Filing 18 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by Interstate Resources, Inc.. (Attachments: #1 Exhibit 1 - Anderton Declaration, #2 Exhibit 2 - Grimm Declaration)(Gibbs, John)
August 17, 2020 Filing 17 RESPONSE in Opposition re #16 MOTION for Extension of Time File Response to Plaintiff's Motion to Temporary Restraining Order re: #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED filed by WestRock Services, LLC. (Boyd, Matthew)
August 14, 2020 Filing 16 MOTION for Extension of Time File Response to Plaintiff's Motion to Temporary Restraining Order re: #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED by Interstate Resources, Inc.. (Gibbs, John)
August 14, 2020 Opinion or Order Filing 15 COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk)
August 13, 2020 Opinion or Order Filing 14 PROTECTIVE ORDER. See Order for further details. Signed by Judge Richard W. Story on 8/12/2020. (dgr)
August 12, 2020 Filing 13 NOTICE Of Filing Stipulated Protective Order by Interstate Resources, Inc. (Attachments: #1 Exhibit A - Stipulated Protective Order)(Gibbs, John)
August 11, 2020 Filing 12 Return of Service Executed by WestRock Services, LLC. Larry Heath Sealey served on 8/6/2020, answer due 8/27/2020. (Boyd, Matthew)
August 11, 2020 Filing 11 Return of Service Executed by WestRock Services, LLC. Interstate Resources, Inc. served on 8/6/2020, answer due 8/27/2020. (Boyd, Matthew)
August 7, 2020 Filing 10 NOTICE of Appearance by John Sikes Gibbs, III, Seth T. Ford, Richard Gerakitis, and James B. Manley, Jr. on behalf of Interstate Resources, Inc. (Gibbs, John) Modified on 8/7/2020 to identify all counsel appearing (sk).
August 4, 2020 Opinion or Order Filing 8 GENERAL ORDER 20-01 SIXTH AMENDMENT IN RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (dgr)
August 4, 2020 Filing 7 Corporate Disclosure Statement by WestRock Services, LLC identifying Corporate Parent WestRock Company for WestRock Services, LLC by WestRock Services, LLC.(dgr)
August 4, 2020 Filing 6 Electronic Summons Issued as to Interstate Resources, Inc. and Larry Heath Sealey. (Attachments: #1 Summons Larry Heath Sealey)(dgr)
August 4, 2020 Filing 5 MOTION for Leave to File Excess Pages in re: [2-1] Brief in Support of Motion for Temporary Restraining Order by WestRock Services, LLC. (Attachments: #1 Text of Proposed Order)(dgr)
August 4, 2020 Filing 4 MOTION to Seal Document 9 NOTICE Of Filing by WestRock Services, LLC re #4 MOTION to Seal Document #3 Notice of Filing. (Attachments: #1 Brief in Support of Motion to File Under Seal, #2 Text of Proposed Order)(dgr) Modified on 8/5/2020 relationship (rsg).
August 4, 2020 Filing 3 NOTICE Of Filing Redacted Exhibits and Declarations in Support of its Motion for Temporary Restraining Order by WestRock Services, LLC re #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED (Attachments: #1 Declaration of Jennifer Lattimore, #2 Declaration of John Gift, #3 Declaration of Peter Durette, #4 Declaration of Ronald G. Polly, #5 Declaration of Russ Lawrimore, #6 Declaration of Yvette Mahan)(dgr) Modified on 8/4/2020 (dgr). Modified on 8/5/2020 to unseal (rsg).
August 4, 2020 Submission of #2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED, to District Judge Richard W. Story. (dgr)
August 4, 2020 Filing 2 MOTION for Temporary Restraining Order IMMEDIATE HEARING REQUESTED with Brief In Support by WestRock Services, LLC. (Attachments: #1 Brief In Support of Motion For Temporary Restraining Order)(dgr) (Additional attachment(s) added on 8/4/2020: #2 Text of Proposed Order) (dgr).
August 4, 2020 Filing 1 COMPLAINT with Jury Demand filed by WestRock Services, LLC. (Filing fee $400, receipt number AGANDC-9989632) (Attachments: #1 Civil Cover Sheet)(dgr) 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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Defendant: Interstate Resources, Inc. doing business as DS Smith North America Packaging and Paper
Represented By: Richard Gerakitis
Represented By: John Sikes Gibbs, III
Represented By: James Barton Manley, Jr.
Represented By: Seth T. Ford
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Defendant: Larry Heath Sealey
Represented By: Abbott S. Hayes, Jr.
Represented By: Jason A. Dean
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Plaintiff: WestRock Services, LLC
Represented By: Ronald G. Polly, Jr.
Represented By: Matthew A. Boyd
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