Peoplelink, LLC v. Boutell
| Peoplelink, LLC |
| Kelly Boutell |
| 3:2022cv00197 |
| March 10, 2022 |
| US District Court for the Northern District of Indiana |
| Michael G Gotsch |
| Damon R Leichty |
| Other Statutory Actions |
| Plaintiff |
Docket Report
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| Filing 40 STATEMENT of Compliance (Amended) filed by Peoplelink, LLC. (Chan PHV, Joanne) |
| Filing 39 CERTIFICATE Amended Certificate of Service. (Ongaro PHV, David) |
| Filing 38 CERTIFICATE of Service re: Statement of Compliance. (Ongaro PHV, David) |
| Filing 37 STATEMENT of Compliance. (Ongaro PHV, David) |
Filing 36
ORDER granting #33 Motion to Withdraw as Attorney. Attorney Erin Linder Hanig terminated. Text-only order by Judge Damon R Leichty on 5/4/22. (dk)
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| Filing 35 TRANSCRIPT of HEARING held on APRIL 25, 2022, before Judge Damon R Leichty. Court Reporter Debra Bonk, Telephone 574-246-8039, E-mail debra_bonk@innd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. IMPORTANT: Notice is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above matter. The parties have 7 calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. Within 21 days of the filing of the transcript, a Redaction Request - Transcript shall be e-filed with the Court. Access to this request will be restricted to the Court and attorneys of record in the case. If no such Notice and Redaction Request are filed, the transcript may be made remotely, electronically available to the public without redaction. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the Court Reporter. Counsel are strongly urged to share this notice with all clients so that an informed decision about the inclusion of certain materials may be made. The responsibility for redacting these personal identifiers rests solely with counsel and the parties. The Clerk and Court Reporter will not review each transcript for compliance with this rule. Notice of Intent to Redact due 5/11/2022. Redaction Request due 5/23/2022. Redacted Transcript Deadline set for 6/2/2022. Release of Transcript Restriction set for 8/1/2022. (db) |
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Filing 34
MEMORANDUM OF DISCOVERY HEARING AND ORDER. The Court DENIES AS MOOT #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Peoplelink, LLC and VACATES the preliminary injunction hearing date of May 13, 2022 and all remaining expedited deadlines outlined in the court's previous scheduling order #16 . Additionally, the court ORDERS Peoplelink to produce to Kelly Boutell all communications (text messages and emails) pertaining to the recruitment of Corey Griffith among any of the four Peoplelink employees (as identified by the parties) or Kimberly Curtiss-Ward by May 5, 2022 and to file a statement by that same date, signed by pro hac vice and local counsel pursuant to Federal Rule of Civil Procedure 11(b), representing that all such communications have been produced. Further scheduling and discovery matters will be addressed by the magistrate judge. Signed by Judge Damon R Leichty on 4/28/22. (ksp)
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| Filing 33 MOTION to Withdraw as Attorney as Co-Counsel for Plaintiff by Plaintiff Peoplelink, LLC. (Hanig, Erin) |
| Filing 32 ZOOM HEARING held on 4/25/2022 before Judge Damon R Leichty. Pla appeared by atty D. Ongaro and E. Hanig. Dft appeared by atty J. Scharkey and M. Phillips. Parties present by zoom. Court hears from counsel regarding discovery disputes. Written order to follow. (Court Reporter D. Bonk) (rmc) |
| Filing 31 NOTICE: The court has been notified that a discovery dispute exists in the current matter and schedules a Zoom hearing to resolve the dispute for 4/25/2022 at 3:00 p.m. (EDT). The parties should email to chambers a non-argumentative, one-page summary of the nature of the discovery dispute and the result each party seeks. Please email this summary to leichty_chambers@innd.uscourts.gov by 12:00 p.m. (EDT) tomorrow, April 22, 2022. (dk) |
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Filing 30
ORDER granting #29 Application to Appear Pro Hac Vice of Attorney John J Scharkey PHV, III for Kelly Boutell. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/19/2022. (ace)
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| Filing 29 Application for Attorney John J. Scharkey to Appear Pro Hac Vice on behalf of Kelly Boutell. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4893331 (Attachments: #1 Supplement Certificate of Good Standing, #2 Supplement Certificate of Good Standing)(Scharkey, John) |
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Filing 28
ORDER granting #27 Application to Appear Pro Hac Vice of Attorney Lucas B Terna PHV for Kelly Boutell. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/14/2022. (ace)
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| Filing 27 Application for Attorney Lucas Broderick Terna to Appear Pro Hac Vice on behalf of Kelly Boutell. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4888765 (Attachments: #1 Supplement Certificate of Good Standing)(Terna, Lucas) |
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Filing 26
STIPULATED PROTECTIVE ORDER: The Parties, pursuant to Fed. R. Civ. P. 26(c)(1), stipulate to the Protective Order as outlined in Order.. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/11/2022. (asd)
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Filing 25
ORDER granting #22 Application to Appear Pro Hac Vice of Attorney David Ongaro PHV for Peoplelink, LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/11/2022. (ace)
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Filing 24
ORDER granting #23 Application to Appear Pro Hac Vice of Attorney Joanne C Chan PHV for Peoplelink, LLC. Signed by Magistrate Judge Michael G Gotsch, Sr on 4/11/2022. (ace)
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| Filing 23 Application for Attorney Joanne C. Chan to Appear Pro Hac Vice on behalf of Peoplelink LLC. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4885268 (Attachments: #1 Supplement Certificate of Good Standing)(Ongaro, David) |
| Filing 22 Application for Attorney David R. Ongaro to Appear Pro Hac Vice on behalf of Peoplelink LLC. Pro Hac Vice fee of $ 96 has been received, receipt number AINNDC-4885225 (Attachments: #1 Supplement Certificate of Good Standing)(Ongaro, David) |
| Filing 21 Second MOTION for Protective Order (Agreed) (Stipulated) by Plaintiff Peoplelink, LLC. (Hanig, Erin) |
| Filing 20 ANSWER to #1 Complaint, by Kelly Boutell.(Phillips, Mark) |
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Filing 19
ORDER: The Court DENIES WITHOUT PREJUDICE the parties instant Motion #17 . The parties shall resubmit a proposed protective order drafted in compliance with the standards set forth in this order no later than 4/7/2022. Signed by Magistrate Judge Michael G Gotsch, Sr on 3/31/2022. (nhc)
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| Filing 18 NOTICE by Peoplelink, LLC of Agreed ESI Protocol (Hanig, Erin) |
| Filing 17 Joint MOTION for Protective Order by Plaintiff Peoplelink, LLC. (Hanig, Erin) |
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Filing 16
MEMORANDUM OF STATUS CONFERENCE AND EXPEDITED SCHEDULING ORDER GRANTING #6 MOTION to Expedite Discovery, Preservation of Evidence, and Evidentiary Hearing on Motion for Temporary Restraining Order and Preliminary Injunction filed by Peoplelink, LLC. By March 24, 2022, the parties must serve their initial written discovery requests. By March 29, 2022, the parties must file a joint motion and proposed protective order. By March 30, 2022, the parties must agree to an ESI protocol, including for any inspectionof the devices or cloud storage at issue here. By April 15, 2022, the parties must exchange their initial witness lists, including disclosure of any opinion witness under Fed. R. Evid. 702 for the purpose of the preliminary injunction request. By April 29, 2022, the parties must complete all discovery related to the preliminary injunction request. By May 6, 2022, the parties must file their final witness lists and any supplemental briefing, not to exceed 20 pages. By May 11, 2022, the parties must submit to chambers a binder of joint exhibits for the injunction hearing. A one day Evidentiary Hearing set for May 13, 2022 at 10:00 AM (EST) in US District Court - South Bend, Robert Lowell Miller, Jr. Courtroom, before Judge Damon R Leichty on the Preliminary Injunction Motion. Signed by Judge Damon R Leichty on 3/24/22. (mlc)
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| Filing 15 ZOOM STATUS CONFERENCE held on 3/23/2022 before Judge Damon R Leichty. Pla appeared by atty Hanig. Dft appeared by atty Phillips. The court hears from the parties. The court established deadlines and SET Preliminary Injunction Hearing for 5/13/2022 10:00 AM (EDT) in US District Court - South Bend before Judge Damon R Leichty. Written order to follow. (Court Reporter D. Bonk.) (dk) |
| Filing 14 RESPONSE to Motion re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Kelly Boutell. (Attachments: #1 Affidavit, #2 Affidavit)(Phillips, Mark) |
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Filing 13
ORDER: The parties are ORDERED to preserve all documents and electronically stored information relevant to the facts and circumstances alleged in plaintiffs complaint in their possession, custody, or control until further order of this court, including but not limited to all electronic devices where such information may be stored, such as the parties computers, tablets, phones, electronic devices, storage devices, and cloud-based data storage, specifically including iCloud account storage.. Signed by Judge Damon R Leichty on 3/18/2022. (shk)
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| Filing 12 ZOOM STATUS CONFERENCE held on 3/17/2022, before Judge Damon R Leichty. Pla appeared by atty Hanig. Dft appeared by atty Phillips. The court hears from the parties. For reasons stated, Zoom Status Conference CONTINUED to 3/23/2022 03:00 PM (EDT) in US District Court - South Bend before Judge Damon R Leichty. Connection link forwarded by email. Parties to notify the court by noon on 3/23 of any stipulations and submit proposed preservation order by 3/18. (Court Reporter D. Bonk.) (dk) |
| Filing 11 BRIEF in Support of #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Peoplelink, LLC. (Attachments: #1 Exhibit A)(Hanig, Erin) |
| Filing 10 NOTICE of Appearance by Mark L Phillips on behalf of Kelly Boutell (Phillips, Mark) |
| Set Deadlines per #9 Kelly Boutell answer due 4/4/22. (nal) |
| Filing 9 AFFIDAVIT of Service for Summons and Complaint served on Kelly Boutell on 3/13/2022, filed by Peoplelink, LLC. (Attachments: #1 Exhibit A - Photos of Service)(Hanig, Erin) |
| Filing 8 NOTICE of Hearing: Zoom Status Conference set for 3/17/2022 02:00 PM (EDT) in US District Court - South Bend before Judge Damon R Leichty. Connection link forwarded by email. (dk) |
| Filing 7 Summons Issued as to Kelly Boutell. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e-mail. (lhc) |
| Judge Damon R Leichty and Magistrate Judge Michael G Gotsch, Sr added. *NEW CASE; MOTIONS PENDING* (lhc) |
| Filing 6 MOTION to Expedite Discovery, Preservation of Evidence, and Evidentiary Hearing on Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Peoplelink, LLC. (Attachments: #1 Exhibit A)(Hanig, Erin) |
| Filing 5 **FILING ERROR, SEE DE #11 FOR CORRECT DOCUMENT*** BRIEF in Support of #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Peoplelink, LLC. (Attachments: #1 Exhibit A)(Hanig, Erin) Modified on 3/17/2022 (jld). |
| Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Peoplelink, LLC. (Hanig, Erin) |
| Filing 3 Corporate Disclosure Statement by Peoplelink, LLC. (Hanig, Erin) |
| Filing 2 NOTICE of Appearance by Erin Linder Hanig on behalf of Peoplelink, LLC (Hanig, Erin) |
| Filing 1 COMPLAINT with JURY DEMAND against Kelly Boutell( Filing fee $ 402 receipt number AINNDC-4856411.), filed by Peoplelink, LLC. (Attachments: #1 Exhibit 1 - K. Proctor Severance Agreement, #2 Proposed Summons, #3 Civil Cover Sheet)(Hanig, Erin) |
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| Plaintiff: Peoplelink, LLC | |
| Represented By: | Erin Linder Hanig |
| Represented By: | David Ongaro PHV |
| Represented By: | Joanne C Chan PHV |
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| Defendant: Kelly Boutell | |
| Represented By: | John J Scharkey PHV, III |
| Represented By: | Lucas B Terna PHV |
| Represented By: | Mark L Phillips |
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