ADVANCED MAGNESIUM ALLOYS CORPORATION v. DERY et al
| ADVANCED MAGNESIUM ALLOYS CORPORATION doing business as AMACOR and ADVANCED MAGNESIUM ALLOYS CORPORATION a Delaware corporation doing business as AMACOR |
| ALAIN DERY and ALLIANCE MAGNESIUM INC. |
| ADVANCED MAGNESIUM ALLOYS CORPORATION |
| 1:2020cv02247 |
| August 27, 2020 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Richard L Young |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 57
Joint MOTION for Entry of Agreed Injunction, filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Text of Proposed Order)(Barr, Matthew)
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Filing 56
STIPULATED PROTECTIVE ORDER: Approved and Entered as an Order of the Court. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 10/20/2020. (GD)
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Filing 58
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 10/19/2020. Parties discussed status of discovery. Telephonic Status Conference set for 11/5/2020 at 4:30 PM (Eastern Time). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 55
Joint MOTION for Protective Order (Stipulated), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Text of Proposed Order)(Barr, Matthew)
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Filing 53
Witness List Preliminary, filed by Defendant ALAIN DERY, Exhibit List Preliminary, filed by Defendant ALAIN DERY. (Kaiser, Todd)
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Filing 52
Defendant' Alain Dery's ANSWER to #1 Complaint and, COUNTERCLAIM against ADVANCED MAGNESIUM ALLOYS CORPORATION, filed by ALAIN DERY.(Kaiser, Todd)
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Filing 51
Witness List for Preliminary Injunction Hearing (Preliminary), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew)
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Filing 50
Exhibit List for Preliminary Injunction Hearing (Preliminary), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew)
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Filing 49
Exhibit List Preliminary Exhibit List for Preliminary Injunction Hearing, filed by Defendant ALLIANCE MAGNESIUM INC.. (Seidler, Robert)
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Filing 48
ORDER ON MOTIONS FOR ISSUANCE OF LETTERS OF REQUEST FOR JUDICIAL ASSISTANCE: This matter is before the Court on three motions filed by Plaintiff: #39 Motion for Issuance of Letters of Request for Judicial Assistance in the United Kingdom; #40 Motion for Issuance of Letters Rogatory for Judicial Assistance from Canada; and #41 Motion for Issuance of Letters Rogatory for Judicial Assistance from Canada. For the reasons set forth below, the motions are DENIED. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 10/9/2020. (GD)
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Filing 47
Exhibit List Preliminary, filed by Defendant ALLIANCE MAGNESIUM INC.. (Seidler, Robert)
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Filing 46
Witness List - Preliminary, filed by Defendant ALAIN DERY, Exhibit List - Preliminary, filed by Defendant ALAIN DERY. (Kaiser, Todd)
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Filing 45
REPLY in Support of Motion re #39 MOTION for Discovery Issuance of Letters of Request for Judicial Assistance in the United Kingdom, #40 MOTION for Discovery Issuance of Letters Rogatory for Judicial Assistance from Canada (Ontario), #41 MOTION for Discovery Issuance of Letters Rogatory for Judicial Assistance from Canada (Quebec) , filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew)
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Filing 44
Exhibit List (Preliminary), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION, Witness List (Preliminary), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew)
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Filing 43
RESPONSE to Motion re #41 MOTION for Discovery Issuance of Letters Rogatory for Judicial Assistance from Canada (Quebec), #40 MOTION for Discovery Issuance of Letters Rogatory for Judicial Assistance from Canada (Ontario), #39 MOTION for Discovery Issuance of Letters of Request for Judicial Assistance in the United Kingdom , filed by Defendant ALLIANCE MAGNESIUM INC.. (Attachments: #1 Exhibit A-Plaintiff's Discovery Requests)(Shank, Robert)
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Filing 42
SCHEDULING ORDER: This matter comes before the Court on Plaintiff's Motion for Issuance of Letters of Request for Judicial Assistance in the United Kingdom [Dkt. #39 ] and Plaintiff's Motions for Issuance of Letters Rogatory for Judicial Assistance from Canada [Dkts. #40 & #41 ]. Any responses to the Motions are due on or before October 7, 2020. Any reply(ies) in support of the Motions are due on or before October 8, 2020. Signed by Magistrate Judge Mark J. Dinsmore on 10/5/2020.(SWM)
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Filing 41
MOTION for Discovery Issuance of Letters Rogatory for Judicial Assistance from Canada (Quebec), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Text of Proposed Order)(Barr, Matthew)
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Filing 40
MOTION for Discovery Issuance of Letters Rogatory for Judicial Assistance from Canada (Ontario), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Text of Proposed Order)(Barr, Matthew)
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Filing 39
MOTION for Discovery Issuance of Letters of Request for Judicial Assistance in the United Kingdom, filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Text of Proposed Order)(Barr, Matthew)
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Filing 38
SCHEDULING ORDER: To prepare this matter for resolution of #6 Plaintiff's Motion for Preliminary Injunction, the Court hereby orders as follows. *SEE ORDER FOR DEADLINES & REQUIREMENTS.* Signed by Magistrate Judge Mark J. Dinsmore on 9/29/2020. (GD)
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Filing 37
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Dispositive Motions due by 9/10/2021. Discovery due by 8/13/2021. *SEE ALL DEADLINES.* Signed by Magistrate Judge Mark J. Dinsmore on 9/29/2020. (GD)
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Filing 36
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Initial Pretrial Conference held on 9/29/2020. Approved Case Management Plan with parties' agreed changes to be entered by separate order. Telephonic Status Conference set for 10/19/2020 at 3:30 PM (Eastern Time). Settlement Conference set for 7/6/2021 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)
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Filing 35
ORDER STRIKING STIPULATED PROTECTIVE ORDER: The parties' Stipulated Protective Order #31 is STRICKEN. If the parties seek a protective order, they should properly file a motion requesting such relief. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 9/28/2020. (GD)
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Filing 34
ORDER REGARDING PROTECTIVE ORDERS. *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore on 9/28/2020. (GD)
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Filing 32
Proposed CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION . (Attachments: #1 Exhibit ESI Supplement to Case Management Plan, #2 Exhibit Agreed Protocol for Forensic Investigation and Analysis)(Barr, Matthew)
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Filing 31
**STRICKEN per #35 ** STIPULATION for Entry of Stipulated Protective Order, filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew) Modified on 9/28/2020 (JRB). Modified on 9/28/2020 (GD).
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Filing 30
SCHEDULING ORDER: Initial Pretrial Conference set for 9/29/2020 04:00 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. In addition, the Court and parties will be discussing scheduling deadlines regarding Plaintiff's request for preliminary injunction. [Dkt. #6 ]. 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") on or before September 25, 2020. 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 9/22/2020.(SWM)
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Filing 29
WAIVER OF SERVICE Returned Executed, filed by ALLIANCE MAGNESIUM INC.. ALLIANCE MAGNESIUM INC. waiver sent on 8/31/2020. (Shank, Robert)
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Filing 28
AGREED STANDSTILL ORDER - Within five (5) business days of entry of this Order, Dery and Alliance, and each of them, shall immediately identify, account for, and deliver to the office of AMACOR's counsel the following: any and all proprietary material and information belonging to AMACOR that are inDefendants' possession or control, and all copies or other reproductions thereof, and any other documents containing information derived from those records, in whatever form, including electronic or computerized versions and wherever located, whether on USB devices or in the cloud. As the sole exception to the foregoing, Dery shall have an extra five (5) calendar days to locate and deliver the USB devices that he currently believes to be located in his Indianapolis apartment. This Agreed Standstill Order shall remain in effect until the earlier of the ruling on Plaintiff's Motion for a Preliminary Injunction or December 31, 2020. SEE ORDER. Signed by Judge Richard L. Young on 9/4/2020.(JRB)
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Filing 27
MINUTE ORDER for telephonic conference held 9/04/20 before Judge Richard L. Young. Plaintiff appears by Irving Geslewitz and Matthew Barr;defendant Dery by Todd Kaiser and Defendant Alliance Magnesium Inc. by RobertSeidler and Robert Shank. Response to TRO motion is due 9/16/20 and reply by 9/23/20. A Preliminary Injunction hearing is set for DECEMBER 16, 2020 at 10:00 a.m. before the Honorable Richard L. Young in Room 349 of the Birch Bayh Federal Building and United States Courthouse, Indianapolis, Indiana 46204. (TMD)
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Filing 26
Minute Entry for telephonic conference held 9/02/20 before Judge Richard L. Young. This matter is continued to Friday, SEPTEMBER 4, 2020 at 11:30 a.m. (Eastern time). Dialing information shall remain the same for this hearing. (TMD)
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Filing 24
Corporate Disclosure Statement by ALLIANCE MAGNESIUM INC.. (Seidler, Robert)
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Filing 25
ORDER granting Plaintiff's #15 Motion for Refund Duplicate of Fees Paid Electronically. See Order. Signed by Magistrate Judge Mark J. Dinsmore on 9/1/2020. (SWM)
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Filing 22
NOTICE to File Corporate Disclosure Statement to ALLIANCE MAGNESIUM INC.. (RAGS) (JRB)
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Filing 23
ORDER granting #5 Motion to Appear pro hac vice. Attorney Irving M. Geslewitz for ADVANCED MAGNESIUM ALLOYS CORPORATION added. Signed by Magistrate Judge Mark J. Dinsmore on 8/31/2020. (SWM)
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Filing 21
SCHEDULING ORDER: The telephonic conference set for August 31, 2020 is VACATED AND RESET to SEPTEMBER 2, 2020 at 3:00 p.m. (Eastern time). The information needed to participate in this telephonic conference remains the same as previously provided by a separate notification. Signed by Judge Richard L. Young on 8/31/2020.(JRB)
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Filing 20
NOTICE of Appearance by Todd J. Kaiser on behalf of Defendant ALAIN DERY. (Kaiser, Todd)
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Filing 19
NOTICE of Appearance by Robert F. Seidler on behalf of Defendant ALLIANCE MAGNESIUM INC.. (Seidler, Robert)
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Filing 18
NOTICE of Appearance by Robert D. Shank on behalf of Defendant ALLIANCE MAGNESIUM INC.. (Shank, Robert)
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Filing 16
SCHEDULING ORDER - The court SETS this matter for a telephonic conference on AUGUST 31, 2020 at 3:00 p.m. (Eastern) before the Honorable Richard L. Young, Judge. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Judge Richard L. Young on 8/28/2020.(AAS)
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Filing 15
Unopposed MOTION for Refund of Fees Paid Electronically , filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Text of Proposed Order)(Barr, Matthew)
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Filing 14
MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JRB)
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Filing 13
Summons Issued as to ALLIANCE MAGNESIUM INC. and ALAIN DERY. (JRB)
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Filing 12
NOTICE Pursuant to Federal Rule of Civil Procedure 65(b)(1)(B), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION, re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction . (Attachments: #1 Exhibit A - E-mail to Defendants) (Barr, Matthew)
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Filing 11
DECLARATION of Yaniv Schiff re #6 Motion for TROMotion for Preliminary Injunction, #7 Brief/Memorandum in Support by ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew)
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Filing 10
DECLARATION of Jan Guy re #6 Motion for TROMotion for Preliminary Injunction, #7 Brief/Memorandum in Support by ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Exhibit A - Non-Competition Agreement, #2 Exhibit B - Confidentiality Agreement, #3 Exhibit C -Standards of Business Conduct, #4 Exhibit D - Alliance Press Release, #5 Exhibit E - Dery 3/22/2018 E-mail, #6 Exhibit F - Dery 1/28/2020 E-mail, #7 Exhibit G - Dery 8/14/2019 E-mail, #8 Exhibit H - Dery 8/14/2019 E-mail, #9 Exhibit I - Dery 10/1/2019 E-mail, #10 Exhibit J - Dery 10/1/2019 E-mail, #11 Exhibit K - Dery 12/14/2019 E-mail, #12 Exhibit L - Alliance/Dery Contract, #13 Exhibit M - Alliance Presentation, #14 Exhibit N - Dery 1/21/2020 E-mail, #15 Exhibit O - Seneca Summary Report, #16 Exhibit P - Dery 3/14/2020 E-mail, #17 Exhibit Q - Dery 4/7/2020 E-mail, #18 Exhibit R - Dery 4/17/2020 E-mail, #19 Exhibit S - Gagnon 5/14/2020 E-mail, #20 Exhibit T - Dery 5/6/2020 E-mail, #21 Exhibit U - Dery 5/6/2020 E-mail, #22 Exhibit V - Dery 5/19/2020 E-mail)(Barr, Matthew)
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Filing 9
NOTICE of Reassignment of Case to Judge Richard L. Young. Judge James R. Sweeney II is no longer assigned to this case. Please include the new case number, 1:20-cv-02247-RLY-MJD, on all future filings in this matter. (AKH)
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Filing 8
ORDER OF RECUSAL. Clerk is directed to randomly reassign case and notify parties of newly assigned Judge. Signed by Judge James R. Sweeney II on 8/27/2020. (BRR)
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Filing 7
BRIEF/MEMORANDUM in Support re #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew)
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Filing 6
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction , filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Text of Proposed Order)(Barr, Matthew)
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Filing 5
MOTION for Attorney(s) Irv Geslewitz to Appear pro hac vice (Filing fee $100, receipt number 0756-6152346), filed by Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Attachments: #1 Exhibit A - Geslewitz Certification, #2 Text of Proposed Order)(Barr, Matthew)
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Filing 4
Corporate Disclosure Statement by ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew)
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Filing 3
NOTICE of Appearance by Alexander Pape Orlowski on behalf of Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Orlowski, Alexander)
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Filing 2
NOTICE of Appearance by Matthew B. Barr on behalf of Plaintiff ADVANCED MAGNESIUM ALLOYS CORPORATION. (Barr, Matthew)
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Filing 1
COMPLAINT against ALLIANCE MAGNESIUM INC., ALAIN DERY, filed by ADVANCED MAGNESIUM ALLOYS CORPORATION. (Filing fee $400, receipt number 0756-6152285) (Attachments: #1 Exhibit A - Non-Competition Agreement, #2 Exhibit B - Confidentiality Agreement, #3 Exhibit C - Standards of Business Conduct, #4 Civil Cover Sheet, #5 Proposed Summons)(Barr, Matthew)
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