FENDLEY, ET AL v. BADGER DAYLIGHTING CORP.
| SCOTT FENDLEY and JOEL FINCHER |
| BADGER DAYLIGHTING CORP. |
| 1:2019cv04555 |
| November 14, 2019 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on November 25, 2019. A more recent docket listing may be available from PACER.
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Filing 30
ORDER - GRANTING #29 JOINT STIPULATION OF DISMISSAL WITH PREJUDICE. This matter came before the Court on the Parties' Joint Stipulation of Dismissal With Prejudice, and the Court being duly advised, hereby ORDERS that the above- captioned cause of action be dismissed in its entirety, with prejudice, and with each party to bear its own costs and attorneys' fees. Signed by Judge Tanya Walton Pratt on 11/25/2019.(NAD)
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| Filing 29 STIPULATION of Dismissal with Prejudice, as to Counter Defendants JOEL FINCHER, SCOTT FENDLEY, Plaintiffs SCOTT FENDLEY, JOEL FINCHER, Counter Claimant BADGER DAYLIGHTING CORP., Defendant BADGER DAYLIGHTING CORP., filed by JOEL FINCHER, SCOTT FENDLEY. (Attachments: #1 Text of Proposed Order)(Murphy, Hannesson) |
| Filing 28 NOTICE of Appearance by Hannesson Ignatius Murphy on behalf of Plaintiffs SCOTT FENDLEY, JOEL FINCHER. (Murphy, Hannesson) |
| Filing 27 NOTICE of Appearance by Adam Arceneaux on behalf of Defendant BADGER DAYLIGHTING CORP.. (Arceneaux, Adam) |
| Filing 26 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (NAD) |
| Filing 25 Case transferred in from District of Georgia Northern; Case Number 2:19-cv-00200. Original file copy of transfer order and docket sheet received. |
| Civil Case Terminated. (dgr) [Transferred from Georgia Northern on 11/14/2019.] |
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Filing 24
ORDER granting #8 Motion to Transfer Case. This case is hereby TRANSFERRED to the United States District Court for the Southern District of Indiana pursuant to 28 U.S.C. 1404(a). The Court notes that Defendant has requested attorney's fees. Defendant contends that it is entitled to fees based upon a provision in Plaintiffs' noncompetition agreements stating that Badger "shall be entitled to recover from Employee all reasonable attorney's fees and costs incurred by the Corporation in enforcing this Agreement" [Doc. Nos. 8-1 and 8-2, 7]. The Court finds that improper venue selection does not constitute a breach of contract sufficient for an award of fees under the Agreements. Defendant's request for an award of attorney's fees is DENIED. Signed by Judge Richard W. Story on 11/13/2019. (dgr) [Transferred from Georgia Northern on 11/14/2019.]
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| Filing 23 RESPONSE re #8 MOTION to Transfer Case to the Indianapolis Division of the United States District Court for the Southern District of Indiana Pursuant to 28 U.S.C. 1404(a) filed by Scott Fendley, Joel Fincher. (Alexander, Mark) [Transferred from Georgia Northern on 11/14/2019.] |
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Filing 22
ORDER denying #13 Motion to Remand to State Court. Plaintiffs are ORDERED to file a response to Defendants Motion to Transfer no later than Tuesday, November 12. Defendant is ORDERED to file a reply no later than Monday, November 19. Signed by Judge Richard W. Story on 11/5/2019. (dgr) [Transferred from Georgia Northern on 11/14/2019.]
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Filing 21
ORDER granting #20 Motion to Stay. Discovery in this case, including the parties' deadlines to serve Initial Disclosures and file their Joint Preliminary Report and Discovery Plan, is hereby STAYED until such time as the Court rules on Plaintiffs' Motion to Remand and Defendant's Motion to Transfer. If the Court denies both motions, discovery will commence (and the parties' Initial Disclosures and Joint Preliminary Report and Discovery Plan will be due) 14 days after the date on which the Court denies the last of those two motions. Signed by Judge Richard W. Story on 10/18/2019. (dgr) [Transferred from Georgia Northern on 11/14/2019.]
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| Filing 20 Joint MOTION to Stay Discovery and Related Deadlines with Brief In Support by Badger Daylighting Corp.. (Attachments: #1 Text of Proposed Order)(Waddell, Timothy) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 19 REPLY to Response to Motion re #13 MOTION to Remand to State Court filed by Scott Fendley, Joel Fincher. (Alexander, Mark) [Transferred from Georgia Northern on 11/14/2019.] |
| Submission of #13 MOTION to Remand to State Court , to District Judge Richard W. Story. (sk) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 18 RESPONSE in Opposition re #13 MOTION to Remand to State Court filed by Badger Daylighting Corp., Badger Daylighting Corp.. (Attachments: #1 Exhibit A - Letter to B. Waddell re compensation)(Waddell, Timothy) [Transferred from Georgia Northern on 11/14/2019.] |
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Filing 17
ORDER granting #16 Motion for Extension of Time to File Answer to Counterclaim. Signed by Judge Richard W. Story on 10/10/2019. (dgr) [Transferred from Georgia Northern on 11/14/2019.]
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| Filing 16 MOTION for Extension of Time to Answer Counterclaim re: #7 Answer to Complaint (Notice of Removal),, Counterclaim, by Scott Fendley, Joel Fincher. (Alexander, Mark) [Transferred from Georgia Northern on 11/14/2019.] |
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Filing 15
ORDER: This case is before the Court on Defendant's Motion to Transfer #8 and Plaintiffs' Motion to Remand #13 , which was filed in response to Defendant's Motion #8 . Defendant's request for five days to respond to Plaintiffs Motion is GRANTED. Defendant's response in opposition to the Motion to Remand #13 is due no later than Monday, October 14, 2019. Plaintiffs' reply, if any, is due no later than Thursday, October 17, 2019. Signed by Judge Richard W. Story on 10/8/2019. (dgr) [Transferred from Georgia Northern on 11/14/2019.]
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| Filing 14 REPLY BRIEF re #8 MOTION to Transfer Case to the Indianapolis Division of the United States District Court for the Southern District of Indiana Pursuant to 28 U.S.C. 1404(a) filed by Badger Daylighting Corp., Badger Daylighting Corp.. (Waddell, Timothy) [Transferred from Georgia Northern on 11/14/2019.] |
| Submission of #8 MOTION to Transfer Case to the Indianapolis Division of the United States District Court for the Southern District of Indiana Pursuant to 28 U.S.C. 1404(a), to District Judge Richard W. Story. (sk) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 13 MOTION to Remand to State Court with Brief In Support by Scott Fendley, Joel Fincher. (Attachments: #1 Brief)(Alexander, Mark) [Transferred from Georgia Northern on 11/14/2019.] |
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Filing 12
ORDER granting #9 Motion to Expedite Briefing. Plaintiffs response in opposition to the Motion to Transfer #8 is due no later than Monday, September 30, 2019. Defendants reply, if any, is due no later than Friday, October 4, 2019. Signed by Judge Richard W. Story on 9/26/2019. (dgr) [Transferred from Georgia Northern on 11/14/2019.]
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Filing 11
ORDER granting #6 Application for Admission Carolyn Webb Pro Hac Vice. Signed by Judge Richard W. Story on 9/24/2019. 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.(dgr) [Transferred from Georgia Northern on 11/14/2019.]
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Filing 10
ORDER granting #5 Application for Admission Jamila S. Mensah Pro Hac Vice. Signed by Judge Richard W. Story on 9/24/2019. 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.(dgr) [Transferred from Georgia Northern on 11/14/2019.]
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| Clerk's Certificate of Mailing as to Jamila S. Mensah and Carolyn Webb re #10 Order on Application for Admission PHV and #11 Order on Application for Admission PHV. (dgr) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 9 MOTION to Expedite Treatment of Motion to Transfer Venue, Pursuant to Local Rules 7.2(B) and 65.2 by Badger Daylighting Corp., Badger Daylighting Corp.. (Waddell, Timothy) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 8 MOTION to Transfer Case to the Indianapolis Division of the United States District Court for the Southern District of Indiana Pursuant to 28 U.S.C. 1404(a) with Brief In Support by Badger Daylighting Corp., Badger Daylighting Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Waddell, Timothy) [Transferred from Georgia Northern on 11/14/2019.] |
| APPROVAL by Clerks Office re: #5 APPLICATION for Admission of Jamila S. Mensah Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8941839). Documents for this entry are not available for viewing outside the courthouse.. Attorney Jamila S. Mensah added appearing on behalf of Badger Daylighting Corp., Badger Daylighting Corp. (pmb) [Transferred from Georgia Northern on 11/14/2019.] |
| APPROVAL by Clerks Office re: #6 APPLICATION for Admission of Carolyn Webb Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8941854). Documents for this entry are not available for viewing outside the courthouse.. Attorney Carolyn Webb added appearing on behalf of Badger Daylighting Corp., Badger Daylighting Corp. (pmb) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 7 ANSWER to #1 NOTICE OF REMOVAL with Jury Demand ( Discovery ends on 2/18/2020.), COUNTERCLAIM (Verified) against All Plaintiffs with Jury Demand by Badger Daylighting Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Waddell, Timothy) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 6 APPLICATION for Admission of Carolyn Webb Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8941854). Documents for this entry are not available for viewing outside the courthouse.by Badger Daylighting Corp.. (Waddell, Timothy) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 5 APPLICATION for Admission of Jamila S. Mensah Pro Hac Vice (Application fee $ 150, receipt number AGANDC-8941839). Documents for this entry are not available for viewing outside the courthouse.by Badger Daylighting Corp.. (Waddell, Timothy) [Transferred from Georgia Northern on 11/14/2019.] |
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Filing 4
COURT NOTICE of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) [Transferred from Georgia Northern on 11/14/2019.]
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| Filing 3 NOTICE of Appearance by Michael A. Caplan on behalf of Badger Daylighting Corp. (Caplan, Michael) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 2 Certificate of Interested Persons and Corporate Disclosure Statement by Badger Daylighting Corp. identifying Corporate Parent Badger Daylighting Ltd. for Badger Daylighting Corp. (dgr) [Transferred from Georgia Northern on 11/14/2019.] |
| Filing 1 NOTICE OF REMOVAL with COMPLAINT filed by Badger Daylighting Corp. (Filing fee $ 400 receipt number AGANDC-8920120) (Attachments: #1 Exhibit A with Complaint, #2 Exhibit B, #3 Notice of Appearance, #4 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. [Transferred from Georgia Northern on 11/14/2019.] |
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