BADGER DAYLIGHTING CORP. v. PALMER
Plaintiff: BADGER DAYLIGHTING CORP.
Defendant: Gary Palmer
Case Number: 1:2019cv02106
Filed: May 28, 2019
Court: US District Court for the Southern District of Indiana
Presiding Judge: Sarah Evans Barker
Referring Judge: Mark J Dinsmore
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2019 Opinion or Order Filing 115 ORDER - VACATING PRELIMINARY INJUNCTION AND DISMISSING CASE WITH PREJUDICE IN LIGHT OF PARTIES' SETTLEMENT; Plaintiff, Badger Daylighting Corp., and Defendant, Gary Palmer, respectfully file this Joint Motion to Vacate the Preliminary Injunction that the Court entered on September 20, 2019 (D.E. 89) and to dismiss this case with prejudice. The parties have resolved this case pursuant to a written settlement agreement. Accordingly, the parties respectfully request that the Court vacate the preliminary injunction and dismiss the case with prejudice. The Court GRANTS the motion and vacates the preliminary injunction and dismisses all claims and counterclaims in this case with prejudice. Signed by Judge Sarah Evans Barker on 11/21/2019. (CKM)
November 20, 2019 Opinion or Order Filing 114 ORDER DIRECTING FILING OF DOCUMENTS AUTHORIZING DISMISSAL: The Court has been advised by counsel that a resolution has been reached in this action. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences, hearings (including the November 26, 2019 show cause hearing), and trial, if any, are VACATED. The Court notes the parties have filed a Joint Motion to Vacate Preliminary Injunction Order and Dismiss Case with Prejudice in Light of the Parties' Settlement. [Dkt. 113.] Signed by Magistrate Judge Mark J. Dinsmore on 11/20/2019. (SWM)
November 19, 2019 Filing 113 Joint MOTION to Vacate Preliminary Injunction Order and Dismiss Case with Prejudice in Light of Parties' Settlement, filed by Defendant GARY PALMER. (Attachments: #1 Text of Proposed Order)(Goheen, Barry)
November 19, 2019 Filing 112 NOTICE of Settlement , as to Defendant GARY PALMER, Plaintiff BADGER DAYLIGHTING CORP., Counter Defendant BADGER DAYLIGHTING CORP., Counter Claimant GARY PALMER, filed by GARY PALMER (Goheen, Barry)
November 18, 2019 Opinion or Order Filing 111 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 11/18/2019, The parties were scheduled to appear with their counsel for a continuation of the settlement conference in this matter. Counsel appeared for each party, but Defendant Gary Palmer and an appropriate representative of Plaintiff Badger Daylighting Corp. failed to appear as ordered. [Dkt. 76 at 1-4; Dkt. 104 at 1.] Accordingly, the following individuals shall appear, in person, before the Court on Tuesday, November 26, 2019 at 12:15 p.m. (Eastern) in Room 243, United States Courthouse, 46 East Ohio Street, Indianapolis, Indiana, before Magistrate Judge Mark J. Dinsmore, for a hearing during which the parties and their counsel shall show cause why they should not be sanctioned for their disregard of the Court's order: 1. The chief executive officer of Plaintiff Badger Daylighting Corp. 2. Defendant Gary Palmer; 3. Attorneys Jamila Mensah and Barry Goheen; 4. Any employee of Plaintiff Badger Daylighting Corp. that was involved in any communications regarding the November 18, 2018 settlement conference; 5. Any of the parties' counsel or their employees who were involved in any communications with any employee or representative of that counsel's client regarding the November 18, 2019 settlement conference; 6. Any other individual either party may wish to provide evidence relevant to the order to show cause. Signed by Magistrate Judge Mark J. Dinsmore. (NLR)
November 15, 2019 Filing 110 AFFIDAVIT in Support of Reply in Support of Motion re #105 MOTION to Vacate (Renewed Motion to Lift Portion of Preliminary Injunction Enjoining Mr. Palmer from Working at Hydro Excavators, LLC) (Declaration of Glenn S. Dardick), filed by Defendant GARY PALMER. (Goheen, Barry)
November 15, 2019 Filing 109 REPLY in Support of Motion re #105 MOTION to Vacate (Renewed Motion to Lift Portion of Preliminary Injunction Enjoining Mr. Palmer from Working at Hydro Excavators, LLC) , filed by Defendant GARY PALMER. (Attachments: #1 Exhibit A - Final Transcript of Deposition of Gary Palmer)(Goheen, Barry)
November 14, 2019 Filing 108 STATUS REPORT Supplemental Joint Report on the Status of Discovery by BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
November 13, 2019 Filing 107 RESPONSE in Opposition re #105 MOTION to Vacate (Renewed Motion to Lift Portion of Preliminary Injunction Enjoining Mr. Palmer from Working at Hydro Excavators, LLC) , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
November 6, 2019 Filing 106 Appendix of Exhibits in Support of Motion re #105 MOTION to Vacate (Renewed Motion to Lift Portion of Preliminary Injunction Enjoining Mr. Palmer from Working at Hydro Excavators, LLC) , filed by Defendant GARY PALMER. (Attachments: #1 Exhibit A - Rough Transcript of Deposition of Gary Palmer, #2 Exhibit B - Declaration of Glenn Dardick, #3 Exhibit C - Declaration of Michelle Bryant, #4 Exhibit D - Declaration of John Strother, #5 Exhibit E - Declaration of Jamie Everhart, #6 Exhibit F - Declaration of Rachel Mortensen, #7 Exhibit G - Declaration of Cindy Ardon, #8 Exhibit H - Declaration of Robert Beverley, #9 Exhibit I - Declaration of Billy Campbell, #10 Exhibit J - Declaration of Ron Meeks)(Goheen, Barry)
November 6, 2019 Filing 105 MOTION to Vacate (Renewed Motion to Lift Portion of Preliminary Injunction Enjoining Mr. Palmer from Working at Hydro Excavators, LLC), filed by Defendant GARY PALMER. (Attachments: #1 Text of Proposed Order)(Goheen, Barry)
October 31, 2019 Opinion or Order Filing 104 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/31/2019. Parties discussed status of settlement. Settlement Conference shall reconvene on 11/18/2019 at 8:45 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Parties' next Supplemental Joint Report on Status of Discovery is now due 11/14/2019. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
October 23, 2019 Opinion or Order Filing 102 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Settlement Conference held on 10/23/2019. Settlement Conference was suspended at end of day due to parties' travel requirements & will reconvene pursuant to subsequent order of Court. Telephonic Status Conference set for 10/31/2019 at 9:30 AM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
October 23, 2019 Opinion or Order Filing 101 ORDER granting Plaintiff's #93 Motion to Continue Pleading Amendment Deadline. The case management plan entered in this case [Dkt. 77] is AMENDED as follows: All motions for leave to amend the pleadings and/or to join additional parties shall be filed on or before October 25, 2019. NO FURTHER EXTENSION OF THIS DEADLINE WILL BE GRANTED. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 10/23/2019. (SWM)
October 21, 2019 Filing 100 STATUS REPORT Joint Report on the Status of Discovery by BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
October 18, 2019 Filing 99 ENTRY - ON DEFENDANT'S EXPEDITED MOTION TO PARTIALLY LIFT PRELIMINARY INJUNCTION; Defendant's Expedited Motion to Lift Portion of Preliminary Injunction Enjoining Defendant from Working at Hydro Excavators, LLC Dkt. #92 is DENIED. *** SEE ENTRY ***. Signed by Judge Sarah Evans Barker on 10/18/2019. (CKM)
October 17, 2019 Filing 98 TRANSCRIPT of Preliminary Injunction Hearing held on 09/04/19 before Judge Sarah Evans Barker. (95 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 11/7/2019. Release of Transcript Restriction set for 1/15/2020. (Howie-Walters, Laura)
October 17, 2019 Filing 97 NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Judge Sarah Evans Barker on 09/06/19 (Howie-Walters, Laura)
October 16, 2019 Filing 96 RESPONSE in Opposition re #92 MOTION to Vacate (Notice of Defendant Gary Palmer of Compliance with Preliminary Injunction and Expedited Motion of Defendant Gary Palmer to Lift Portion of Preliminary Injunction Enjoining Mr. Palmer from Working at Hydro Excavators, LLC) , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Exhibit A - Emails Regarding Forensic Analysis, #2 Exhibit B - Affidavit of Walter Sigmund)(Mensah, Jamila)
October 16, 2019 Filing 95 NOTICE (Supplemental Notice of Defendant Gary Palmer of Compliance with Preliminary Injunction), filed by Defendant GARY PALMER, re #92 MOTION to Vacate (Notice of Defendant Gary Palmer of Compliance with Preliminary Injunction and Expedited Motion of Defendant Gary Palmer to Lift Portion of Preliminary Injunction Enjoining Mr. Palmer from Working at Hydro Excavators, LLC). (Attachments: #1 Affidavit Declaration of Glenn S. Dardick) (Goheen, Barry)
October 15, 2019 Filing 94 RESPONSE in Opposition re #93 MOTION to Continue Pleading Amendment Deadline , filed by Defendant GARY PALMER. (Murphy, Hannesson)
October 11, 2019 Filing 93 MOTION to Continue Pleading Amendment Deadline, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Text of Proposed Order)(Mensah, Jamila) Modified on 10/15/2019 (CKM).
October 11, 2019 Filing 92 MOTION to Vacate (Notice of Defendant Gary Palmer of Compliance with Preliminary Injunction and Expedited Motion of Defendant Gary Palmer to Lift Portion of Preliminary Injunction Enjoining Mr. Palmer from Working at Hydro Excavators, LLC), filed by Defendant GARY PALMER. (Attachments: #1 Exhibit A - Declaration of Gary Palmer, #2 Exhibit B - Declaration of Glenn Dardick, #3 Text of Proposed Order)(Goheen, Barry)
September 23, 2019 Opinion or Order Filing 91 SCHEDULING ORDER: In order to assist the Court to more efficiently and effectively manage discovery in this matter, on or before October 21, 2019, the parties shall jointly file a "Joint Report on the Status of Discovery". *SEE ORDER FOR REQUIREMENTS.* Signed by Magistrate Judge Mark J. Dinsmore on 9/23/2019. (GD)
September 23, 2019 Opinion or Order Filing 90 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 9/23/2019. Parties discussed status of discovery & readiness for upcoming settlement conference. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
September 20, 2019 Opinion or Order Filing 89 ORDER - granting in part and denying in part #22 Motion for TRO; Plaintiff Badger Daylighting Corporation's Motion for Preliminary Injunction is GRANTED in part and DENIED in part. Defendant Gary Palmer, his agents and all persons in active concert or participation with him who receive actual notice of this order, are hereby PRELIMINARILY ENJOINED until further order of this Court from possessing, using, or disclosing to others Badger's confidential information or trade secrets. Mr. Palmer is further enjoined from working at SEC or HydroX until he provides evidence in a proper verifiable form that he has either surrendered to Badger all the Badger documents he wrongfully took or that he no longer has access to or possession of Badger's confidential information and trade secrets and that no third party to whom he may have distributed these materials continues to retain them in derogation of his requests that they be returned to Badger. Signed by Judge Sarah Evans Barker on 9/20/2019. (CKM)
September 13, 2019 Filing 87 Witness List (Preliminary), filed by Defendant GARY PALMER, Exhibit List (Preliminary), filed by Defendant GARY PALMER. (Murphy, Hannesson)
September 13, 2019 Filing 86 NOTICE of Filing Power Point Presentation by BADGER DAYLIGHTING CORP. (Attachments: #1 Exhibit Power Point Presentation) (Mensah, Jamila)
September 10, 2019 Opinion or Order Filing 85 SCHEDULING ORDER - Final Pretrial Conference set for 11/24/2020 02:00 PM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Jury Trial set for 12/7/2020 09:30 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. (CKM)
September 9, 2019 Opinion or Order Filing 84 ORDER denying Plaintiff's #80 Motion to Continue Settlement-Related Deadlines. The Plaintiff's motion fails to comply with Local Rule 6-1(a)(5), which requires a motion for extension of time to be filed at least three business days prior to the deadline absent extraordinary circumstances. However, the Court, sua sponte, hereby amends Section III(E) of the approved Case Management Plan [Dkt. 77] as follows (see Order). Signed by Magistrate Judge Mark J. Dinsmore on 9/9/2019. (SWM)
September 9, 2019 Filing 83 NOTICE of Filing by GARY PALMER (Attachments: #1 Exhibit Power Point Presentation) (Murphy, Hannesson)
September 6, 2019 Filing 82 Exhibit List Plaintiff's Preliminary Exhibit List, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Arceneaux, Adam)
September 6, 2019 Filing 81 Witness List Plaintiff's Preliminary Witness List, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Arceneaux, Adam)
September 6, 2019 Filing 80 Unopposed MOTION to Continue Settlement-Related Deadlines, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Text of Proposed Order to Extend Settlement-Related Deadlines)(Arceneaux, Adam) Modified on 9/9/2019 (CKM).
September 6, 2019 Filing 79 Minute Entry for Hearing on #22 Plaintiff's Motion or Preliminary Injunction held before Judge Sarah Evans Barker on 9/6/2019. Parties appeared in person and by counsel. Plaintiff's counsel presented her oral arguments. Defense counsel presented his oral arguments. The Court takes the matter under advisement. Court is adjourned. (Court Reporter Laura Howie-Walters.) (LDH)
August 27, 2019 Opinion or Order Filing 78 ORDER granting #74 Motion to Appear pro hac vice. Attorney Carolyn Webb for BADGER DAYLIGHTING CORP. added. If not already registered with the Court's Electronic Filing System, Carolyn Webb is ordered to register within ten (10) days of the entry of this order. Copy to Carolyn Webb via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 8/27/2019. (SWM)
August 27, 2019 Filing 75 Submission of Proposed Order Granting Motion to Appear Pro Hac Vice, re #74 MOTION for Attorney(s) Carolyn Webb to Appear pro hac vice (Filing fee $100, receipt number 0756-5598262), filed by Plaintiff BADGER DAYLIGHTING CORP.. (Pittman, Alexandria)
August 26, 2019 Filing 74 MOTION for Attorney(s) Carolyn Webb to Appear pro hac vice (Filing fee $100, receipt number 0756-5598262), filed by Plaintiff BADGER DAYLIGHTING CORP., Counter Defendant BADGER DAYLIGHTING CORP.. (Attachments: #1 Exhibit A: Certification of Carolyn Webb In Support of Motion To Appear Pro Hac Vice, #2 Text of Proposed Order Granting Motion To Appear Pro Hac Vice)(Pittman, Alexandria) Modified on 8/27/2019 (CKM).
August 23, 2019 Opinion or Order Filing 77 ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 3/6/2020. Discovery due by 2/7/2020. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 8/23/2019. (GD) (Main Document 77 replaced on 8/27/2019) (GD).
August 23, 2019 Opinion or Order Filing 76 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 8/23/2019. Approved Case Management Plan, as amended, to be entered by separate order. Telephonic Status Conference set for 9/23/2019 at 1:45 PM (Eastern Time). Settlement Conference set for 10/23/2019 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER FOR DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
August 21, 2019 Opinion or Order Filing 73 ORDER GRANTING JOINT EMERGENCY MOTION TO RESCHEDULE AUGUST 16, 2019 HEARING - This matter is before the Court on the parties' #69 Joint Emergency Motion to Reschedule August 16, 2019 Hearing. Having reviewed the Motion and being duly advised, this Court grants the Motion and orders that the hearing scheduled for August 16, 2019 is vacated and rescheduled on September 6, 2019 at 2:00 p.m. in Room 216, United States Courthouse, Indianapolis, Indiana. Signed by Judge Sarah Evans Barker on 8/21/2019.(APD)
August 16, 2019 Filing 71 CASE MANAGEMENT PLAN TENDERED, filed by Counter Claimant GARY PALMER, Defendant GARY PALMER . (Murphy, Hannesson)
August 16, 2019 Opinion or Order Filing 70 ORDER - OVERRULING DEFENDANT GARY PALMER'S OBJECTION TO MAGISTRATE JUDGE'S ORDER DENYING MOTION TO TRANSFER CASE; This matter comes before the Court on Defendant's objection to the Magistrate Judge's June 20, 2019 Order denying Defendant's Motion to Transfer Venue to the United States District Court for the Northern District of Georgia Docket No. #54 . Defendant argues that the Magistrate Judge's denial of his motion is clearly erroneous and contrary to law pursuant to 28 U.S.C. 1404(a). We hold that the Magistrate Judge's June 20, 2019 Order is neither clearly erroneous nor contrary to law. Defendant's objection is therefore OVERRULED. Signed by Judge Sarah Evans Barker on 8/16/2019. (CKM)
August 14, 2019 Filing 69 MOTION to Vacate (Joint Emergency Motion to Reschedule August 16, 2019 Hearing), filed by Defendant GARY PALMER. (Attachments: #1 Text of Proposed Order)(Murphy, Hannesson)
August 8, 2019 Filing 68 BRIEF/MEMORANDUM in Support re #22 MOTION for Temporary Restraining Order Plaintiff's Amended Brief in Support of its Application for Injunctive Relief, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
August 8, 2019 Opinion or Order Filing 67 ORDER granting Plaintiff's #65 Motion for Leave to File Amended Brief in Support of Its Application for Temporary and Permanent Injunctive Relief. On or before August 9, 2019, Plaintiff shall file its Amended Brief in Support of Its Application for Temporary and Permanent Injunctive Relief in substantially the same form as was attached to Plaintiff's Motion for Leave. [Dkt. 65-1.] Signed by Magistrate Judge Mark J. Dinsmore on 8/8/2019. (SWM)
August 5, 2019 Filing 66 Submission of Proposed Order , re #65 MOTION for Leave to File Amended Brief in Support of its Application for Temporary and Permanent Injunctive Relief, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
August 2, 2019 Filing 65 MOTION for Leave to File Amended Brief in Support of its Application for Temporary and Permanent Injunctive Relief, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Exhibit 1 - Plaintiff's Amended Brief in Support of its Application for Injunctive Relief)(Mensah, Jamila)
August 2, 2019 Filing 64 REPLY in Support of Motion re #22 MOTION for Temporary Restraining Order Application for Injunctive Relief, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
July 29, 2019 Filing 63 RESPONSE in Opposition re #22 MOTION for Temporary Restraining Order (Defendant's Opposition to Motion for Preliminary Injunction, filed by Defendant GARY PALMER. (Murphy, Hannesson)
July 24, 2019 Opinion or Order Filing 62 SCHEDULING ORDER: Initial Pretrial Conference set for 8/23/2019 04:30 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 7/24/2019.(SWM)
July 22, 2019 Filing 61 BRIEF/MEMORANDUM in Support Application for Injunctive Relief, re #22 MOTION for Temporary Restraining Order , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
July 15, 2019 Opinion or Order Filing 60 SCHEDULING ORDER - This cause is set for a hearing on Plaintiff's Motion for Preliminary Injunction on August 16, 2019 at 10:15 a.m. in Room 216 of the United States Courthouse in Indianapolis, Indiana. Signed by Judge Sarah Evans Barker on 7/15/2019. (NAD)
July 12, 2019 Filing 59 Submission Plaintiff's Evidentiary Submission, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Exhibit Plaintiff's Exhibits 1-38, #2 Exhibit Plaintiff's Exhibits 39-76, #3 Exhibit Plaintiff's Exhibits 77-114)(Mensah, Jamila)
July 12, 2019 Filing 58 Submission (Defendant's Evidentiary Submission for Preliminary Injunction Hearing, filed by Defendant GARY PALMER. (Attachments: #1 Exhibit A - Palmer Deposition Transcript, #2 Exhibit B - Palmer Deposition Exhibits, #3 Exhibit C - Campbell Deposition Transcript, #4 Exhibit D - Campbell Deposition Exhibits Part 1, #5 Exhibit D - Campbell Deposition Exhibits Part 2, #6 Exhibit E - Preston Deposition Transcript, #7 Exhibit F - Preston Deposition Exhibits, #8 Exhibit G - Kelly Deposition Transcript, #9 Exhibit H - Kelly Deposition Exhibits, #10 Exhibit I - Peterson Deposition Transcript, #11 Exhibit J - Peterson Deposition Exhibits, #12 Exhibit K - Wallace Transcript, #13 Exhibit L - Wallace Exhibits, #14 Exhibit M - Vanderberg Transcript, #15 Exhibit N - Vanderberg Exhibits, #16 Exhibit O - Declaration of Riley, #17 Exhibit to Riley Declaration, #18 Exhibit P - Declaration of Dardick, #19 Exhibit Q - Declaration of Palmer, #20 Exhibit R - Declaration of Preston, #21 Exhibit S - Declaration of Everhart, #22 Exhibit T - Declaration of Mortensen, #23 Exhibit U - Declaration of Campbell, #24 Exhibit V - Second Declaration of Everhart)(Murphy, Hannesson)
July 11, 2019 Filing 57 Exhibit List Plaintiff's Amended Exhibit List, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
July 11, 2019 Filing 56 Witness List (Defendant's Supplemental List of Witnesses for Preliminary Injunction Hearing), filed by Defendant GARY PALMER. (Murphy, Hannesson)
July 11, 2019 Filing 55 Exhibit List (Defendant's Supplemental List of Exhibits for Preliminary Injunction Hearing), filed by Defendant GARY PALMER. (Murphy, Hannesson)
July 5, 2019 Filing 54 OBJECTION (Defendant Gary Palmer's Objections to Magistrate's Order Denying Motion to Transfer) by GARY PALMER. Related document: #48 Order on Motion to Transfer Case.(Goheen, Barry)
July 3, 2019 Opinion or Order Filing 53 ORDER denying Parties' #51 Joint Motion to Amend Scheduling Order. The parties' motion fails to comply with Local Rule 6-1(a) (5). However, the Court, sua sponte, hereby amends its Scheduling Order [Dkt. 18] as follows (see Order for established deadline and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 7/3/2019. (SWM)
July 1, 2019 Filing 52 ANSWER Original Answer and Affirmative and Other Defenses to Defendant's Counterclaim, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Arceneaux, Adam)
June 28, 2019 Filing 51 MOTION for Extension of Time to 7/12/19 (Joint Motion to Amend Scheduling Order), filed by Defendant GARY PALMER. (Attachments: #1 Text of Proposed Order)(Goheen, Barry)
June 24, 2019 Opinion or Order Filing 50 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/24/2019. Parties discussed status of discovery & dispute regarding production of electronic devices in Defendant's possession. Plaintiff was authorized to file motion to compel with regard to that dispute. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
June 21, 2019 Filing 49 Witness List Plaintiff's Amended Witness List, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
June 20, 2019 Opinion or Order Filing 48 ORDER denying Defendant's #27 Motion to Transfer Case. Badger requested this Court grant reasonable attorneys' fees; however, it failed to cite any basis for an entitlement to such fees. If such entitlement exists, Badger may file a motion for such fees within fourteen days of the date of this order. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 6/20/2019. (SWM)
June 19, 2019 Filing 47 Exhibit List , filed by Defendant GARY PALMER. (Murphy, Hannesson)
June 19, 2019 Filing 46 Exhibit List , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
June 17, 2019 Opinion or Order Filing 44 ORDER granting #38 Motion to Appear pro hac vice. Attorney Gordon M. Berger for GARY PALMER added. If not already registered with the Court's Electronic Filing System, Gordon M. Berger is ordered to register within ten (10) days of the entry of this order. Copy to Gordon M. Berger via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 6/17/2019. (SWM)
June 17, 2019 Opinion or Order Filing 43 UNIFORM STIPULATED PROTECTIVE ORDER #37 Approved and Entered as an Order of the Court. Signed by Magistrate Judge Mark J. Dinsmore on 6/17/2019.(SWM)
June 14, 2019 Filing 42 Witness List , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Mensah, Jamila)
June 14, 2019 Filing 41 REPLY in Support of Motion re #27 MOTION to Transfer Case to the United States District Court, Northern District of Georgia, Atlanta Division , filed by Defendant GARY PALMER. (Murphy, Hannesson)
June 14, 2019 Filing 39 Witness List (Defendant's List of Witnesses for Preliminary Injunction Hearing), filed by Defendant GARY PALMER. (Murphy, Hannesson)
June 14, 2019 Filing 38 MOTION for Attorney(s) Gordon M. Berger to Appear pro hac vice (Filing fee $100, receipt number 0756-5480460), filed by Defendant GARY PALMER. (Attachments: #1 Exhibit A - Certification of Gordon Berger, #2 Text of Proposed Order)(Murphy, Hannesson)
June 14, 2019 Filing 37 Joint MOTION for Protective Order , filed by Defendant GARY PALMER. (Attachments: #1 Text of Proposed Order Uniform Stipulated Protective Order)(Murphy, Hannesson)
June 13, 2019 Opinion or Order Filing 40 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/12/2019. Parties discussed status of discovery & continuing discussions regarding interim relief pending decision on motion for preliminary injunction. Telephonic Status Conference set for 6/24/2019 at 12:00 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
June 12, 2019 Filing 36 ANSWER to #24 Amended Complaint , COUNTERCLAIM against BADGER DAYLIGHTING CORP., filed by GARY PALMER.(Murphy, Hannesson)
June 11, 2019 Filing 35 BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re #27 MOTION to Transfer Case to the United States District Court, Northern District of Georgia, Atlanta Division , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Exhibit A - Confidentiality and Non Competition Agreement)(Mensah, Jamila)
June 11, 2019 Filing 34 RESPONSE in Opposition re #27 MOTION to Transfer Case to the United States District Court, Northern District of Georgia, Atlanta Division , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Text of Proposed Order)(Mensah, Jamila)
June 11, 2019 Opinion or Order Filing 32 AMENDED SCHEDULING ORDER: The Court has been advised by counsel that there are no pending discovery disputes at this time. Therefore, pursuant to the Court's Order #17 dated May 31, 2019, the in-person status conference currently scheduled for June 12, 2019 at 8:00 a.m. is hereby CONVERTED to a telephonic conference and will now commence at 8:30 a.m. (Eastern). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 6/11/2019. (GD)
June 6, 2019 Opinion or Order Filing 31 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/5/2019. Court & parties discussed pending application for temporary restraining order (TRO). Parties committed to discuss possible agreed resolution of request for TRO & to report back to Court. Defendant's counsel reported intent to Answer Complaint & to not file motion to dismiss. Based upon that representation, Defendant's oral motion for enlargement of time to respond to Complaint was GRANTED without objection. Defendant shall respond to Complaint on or before June 12, 2019. Telephonic State Conference set for 6/12/2019 remains on calendar as scheduled. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
June 5, 2019 Opinion or Order Filing 30 ORDER withdrawing Plaintiff's #21 Motion for Expedited Discovery; granting Plaintiff's #26 Motion to Withdraw Docket Number 21. Signed by Magistrate Judge Mark J. Dinsmore on 6/5/2019. (SWM)
June 4, 2019 Filing 29 Appendix of Exhibits in Support of Motion re #27 MOTION to Transfer Case to the United States District Court, Northern District of Georgia, Atlanta Division , filed by Defendant GARY PALMER. (Attachments: #1 Exhibit A - Declaration of Gary Palmer, #2 Exhibit B - Declaration of Billy Campbell, #3 Exhibit C - Declaration of Paul Preston, #4 Exhibit D - Declaration of Rachel Mortensen, #5 Exhibit E - Declaration of Jamie Everhart, #6 Exhibit F - Caseload Profiles)(Murphy, Hannesson)
June 4, 2019 Filing 28 BRIEF/MEMORANDUM in Support re #27 MOTION to Transfer Case to the United States District Court, Northern District of Georgia, Atlanta Division , filed by Defendant GARY PALMER. (Murphy, Hannesson)
June 4, 2019 Filing 27 MOTION to Transfer Case to the United States District Court, Northern District of Georgia, Atlanta Division, filed by Defendant GARY PALMER. (Attachments: #1 Text of Proposed Order)(Murphy, Hannesson)
June 4, 2019 Filing 26 MOTION to Withdraw #21 MOTION for Discovery Expedited , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Text of Proposed Order)(Pittman, Alexandria)
June 3, 2019 Filing 25 Submission of Additional State Court Records received from Marion County Superior Court Cause No. 49D01-1905-PL-021201. (Attachments: #1 Envelope). (MAC) (Additional attachment(s) added on 6/6/2019: #2 Envelope 3 of 5 received June 6, 2019, containing no additional documents to be scanned) (DJH).
June 3, 2019 Filing 24 AMENDED COMPLAINT FOR TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF, AND DAMAGES against GARY PALMER, filed by BADGER DAYLIGHTING CORP.. (Attachments: #1 Affidavit, #2 Exhibit TAB A, #3 Exhibit TAB B, #4 Exhibit TAB C, #5 Exhibit TAB D, #6 Exhibit TAB E)(Pittman, Alexandria)
June 3, 2019 Filing 23 *** PLEASE DISREGARD DUPLICATE ENTRY *** MOTION for Temporary Restraining Order , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Text of Proposed Order)(Pittman, Alexandria) Modified on 6/4/2019 (CKM).
June 3, 2019 Filing 22 MOTION for Temporary Restraining Order , filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Pittman, Alexandria)
June 3, 2019 Filing 21 *** WITHDRAWN PER ORDER DATED 6/5/2019 *** MOTION for Discovery Expedited, filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Text of Proposed Order)(Pittman, Alexandria) Modified on 6/5/2019 (SWM).
June 3, 2019 Filing 20 Jurisdictional Statement by BADGER DAYLIGHTING CORP.. (Arceneaux, Adam)
May 31, 2019 Filing 19 Jurisdictional Statement by GARY PALMER. (Murphy, Hannesson)
May 31, 2019 Opinion or Order Filing 18 SCHEDULE ORDER: This matter is before the Court on Plaintiff's Application for Temporary Restraining Order and Preliminary and Permanent Injunctive Relief [Dkt. 1-3 at 53] and Motion for Expedited Discovery [Id. at 102]. The Court establishes the following schedule to prepare this matter for a hearing on Plaintiff's anticipated refiled motion for preliminary injunction (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 5/31/2019.(SWM)
May 31, 2019 Opinion or Order Filing 17 MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: In-Person Pretrial Conference held on 5/31/2019. Court & parties discussed schedule to prepare matter to address Plaintiff's Application for Temporary Restraining Order and Preliminary and Permanent Injunctive Relief [Dkt. #1 -3 at 53] and Motion for Expedited Discovery [Dkt. #1 -3 at 102]. Schedule will be entered by separate order. Each party shall file jurisdictional statement articulating each party's citizenship by 6/3/2019. Plaintiff shall file amended complaint & amended versions of any motions filed prior to removal by 6/3/2019. Defendant shall file any anticipated motion to transfer venue by 6/4/2019; Plaintiff's response due by 6/11/2019; Defendant's reply due by 6/14/2019. Defendant's response to Plaintiff's amended complaint due by 6/5/2019; if Defendant files motion to dismiss, then Plaintiff's response due by 6/11/2019; Defendant's reply due by 6/14/2019. In-Person Status Conference set for 6/12/2019 at 8:00 AM (Eastern Time) in room #243, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. Court will address all pending discovery disputes. Parties are directed to meet-and-confer in advance in effort to resolve all pending discovery disputes & bring with them to conference copies for Court of all discovery requests & responses with regard to which dispute remains pending. Conference will be converted to telephonic if parties advise Court that all pending discovery disputes have been resolved by no later than 3:00 PM (Eastern Time) on 6/11/2019. Unless conference is converted to telephonic, leave will not be granted for counsel to appear telephonically. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
May 31, 2019 Opinion or Order Filing 16 ORDER REGARDING PROTECTIVE ORDERS. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 5/31/2019.(SWM)
May 31, 2019 Opinion or Order Filing 15 ORDER granting #6 Motion to Appear pro hac vice. Attorney Jamila S. Mensah for BADGER DAYLIGHTING CORP. added. If not already registered with the Court's Electronic Filing System, Jamila S. Mensah is ordered to register within ten (10) days of the entry of this Order. Copy to Jamila S. Mensah via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 5/31/2019. (SWM)
May 30, 2019 Filing 14 Corporate Disclosure Statement by BADGER DAYLIGHTING CORP. identifying Corporate Parent Badger Daylighting Ltd. for BADGER DAYLIGHTING CORP... (Pittman, Alexandria)
May 30, 2019 Filing 12 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Barry Goheen hereby notifies the Clerk of the court of changed contact information. (Goheen, Barry)
May 30, 2019 Filing 11 NOTICE of Appearance by Barry Goheen on behalf of Defendant GARY PALMER. (Goheen, Barry)
May 30, 2019 Opinion or Order Filing 10 AMENDED SCHEDULING ORDER: In-Person Pretrial Conference set for 5/30/2019 at 4:45 p.m. is hereby RESCHEDULED to 5/31/2019 at 9:00 AM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 5/30/2019. (GD)
May 29, 2019 Filing 13 NOTICE to File Corporate Disclosure Statement to BADGER DAYLIGHTING CORP.. (LAB) (CKM)
May 29, 2019 Opinion or Order Filing 9 SCHEDULING ORDER: In-Person Pretrial Conference set for 5/30/2019 at 4:45 PM (Eastern Time) in room #257, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Magistrate Judge Mark J. Dinsmore. The purpose of the conference is to discuss a schedule regarding Plaintiff's Application for Temporary Restraining Order and Preliminary and Permanent Injunctive Relief and Plaintiff's Motion for Expedited Discovery. Counsel for Plaintiff and Defendant shall personally appear. Signed by Magistrate Judge Mark J. Dinsmore on 5/29/2019. (GD)
May 29, 2019 Opinion or Order Filing 8 ORDER - This matter was removed from Marion Superior Court 1. Counsel shall promptly register as an electronic filing user with this Court's Electronic Case Filing System as required by Local Rule 5-3. Counsel shall also comply with Local Rule 83-7(b) if applicable (requiring attorney not admitted to practice before this court to comply with Local Rule 83.5 or withdraw appearance within 21 days of case being transferred). Additionally, any pending motions shall be refiled in this matter no later than June 5, 2019. Signed by Judge Sarah Evans Barker on 5/29/2019. (CKM)
May 29, 2019 Filing 7 NOTICE of Appearance by Alexandria Hanauer Pittman on behalf of Plaintiff BADGER DAYLIGHTING CORP.. (Pittman, Alexandria)
May 29, 2019 Filing 6 MOTION for Attorney(s) Jamila S. Mensah to Appear pro hac vice (Filing fee $100, receipt number 0756-5452493), filed by Plaintiff BADGER DAYLIGHTING CORP.. (Attachments: #1 Exhibit A - Certification of Jamila S. Mensah, #2 Text of Proposed Order Granting Motion for Pro Hac Vice)(Arceneaux, Adam)
May 29, 2019 Filing 5 NOTICE of Appearance by Adam Arceneaux on behalf of Plaintiff BADGER DAYLIGHTING CORP.. (Arceneaux, Adam)
May 29, 2019 Filing 4 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DJH)
May 28, 2019 Filing 3 NOTICE of Pending State Court Motions, filed by Defendant Gary Palmer (Murphy, Hannesson)
May 28, 2019 Filing 2 NOTICE of Appearance by Hannesson Ignatius Murphy on behalf of Defendant Gary Palmer. (Murphy, Hannesson)
May 28, 2019 Filing 1 NOTICE OF REMOVAL from Marion Superior Court, case number 49D01-1905-PL-021201, filed by Gary Palmer. (Filing fee $400, receipt number 0756-5449936) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Verified Complaint, #3 Exhibit B - State Court Record (Docket, Notice Identifying Commercial Court Case, Summons, Verified Complaint, Appearance of Ice Miller LLP, Application for Temporary Restraining Order, Motion for Expedited Discovery, Motion for Hearing, Attorney Certificate))(Murphy, Hannesson)

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Defendant: Gary Palmer
Represented By: Hannesson Ignatius Murphy
Represented By: Gordon M. Berger
Represented By: Barry Goheen
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Plaintiff: BADGER DAYLIGHTING CORP.
Represented By: Jamila S. Mensah
Represented By: Alexandria Hanauer Pittman
Represented By: Adam Arceneaux
Represented By: Carolyn Webb
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