AUGUST MACK ENVIRONMENTAL, INC. v. TRESCHOW
| AUGUST MACK ENVIRONMENTAL, INC. |
| STEVEN TRESHOW and STEVEN TRESCHOW |
| 1:2023cv01054 |
| June 16, 2023 |
| US District Court for the Southern District of Indiana |
| M Kendra Klump |
| James R Sweeney |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on August 14, 2023. A more recent docket listing may be available from PACER.
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Filing 26
Order on Motion for Preliminary Injunction - This is a routine business dispute; nothing here calls for the "extraordinary and drastic remedy" of a preliminary injunction. Mazurek v. Armstrong, 520 U.S. 968, 972 (1997). AME, should it prevail on the merits, will be able to prove up its damages from losing four clients (and from Treschow's use of confidential information as well). A monetary award suffices for monetary losses. AME's Motion for Preliminary Injunction, (ECF No. #4 ), and its Motion for an Evidentiary Hearing, (ECF No. #21 ), are both denied. SEE ORDER. Signed by Judge James R. Sweeney II on 08/14/2023. (AAS)
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Filing 25
ORDER denying #24 Motion or Status Conference - SEE ORDER. Copy sent to distribution list via US Mail. Signed by Magistrate Judge M. Kendra Klump on 8/2/23.(JRB)
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| Filing 24 MOTION for Status Conference, filed by Plaintiff AUGUST MACK ENVIRONMENTAL, INC.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order Granting Motion for Status Conference)(Burgan, Blake) |
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Filing 23
ORDER granting #22 Motion for Extension of Time - August Mack's deadline by which to complete Defendant Steven Treschow's deposition is extended by 14 days up to and including August 11, 2023. All other deadlines in the Court's June 30, 2023 Scheduling Order, Dkt. 16, are unaffected by this Order and no further discovery shall be permitted. Copy sent to distribution list via US Mail. Signed by Magistrate Judge M. Kendra Klump on 7/31/2023. (JRB)
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| Filing 22 MOTION for Extension of Time to August 11, 2023 to Conduct Deposition, filed by Plaintiff AUGUST MACK ENVIRONMENTAL, INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Text of Proposed Order Granting Motion for Extension of Time)(Burgan, Blake) |
| Filing 21 MOTION for Evidentiary Hearing on Plaintiff's Motion for Preliminary Injunction, filed by Plaintiff AUGUST MACK ENVIRONMENTAL, INC.. (Attachments: #1 Text of Proposed Order Granting Plaintiff's Motion for Evidentiary Hearing on Motion for Preliminary Injunction)(Burgan, Blake) |
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Filing 20
MINUTE ORDER for Show Cause Hearing held before Magistrate Judge M. Kendra Klump on 7/7/2023. The conference concluded without further order. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 19
AMENDED MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 6/29/2023. Hearing to show cause will be set by separate order. The conference concluded without further order. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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| Filing 18 BRIEF/MEMORANDUM in Support re #4 MOTION for Preliminary Injunction , filed by Plaintiff AUGUST MACK ENVIRONMENTAL, INC.. (Burgan, Blake) |
| Filing 17 APPENDIX re #4 MOTION for Preliminary Injunction by AUGUST MACK ENVIRONMENTAL, INC.. (Attachments: #1 Exhibit 1 - July 7, 2023 Declaration of Bryan Petriko, #2 Exhibit 2 - March 4, 2022 Treschow Non-Solicitation Agreement, #3 Exhibit 3 - May 21, 2023 Schlegel Termination Email, #4 Exhibit 4 - May 23, 2023 Orefield Termination Email, #5 Exhibit 5 - May 25, 2023 Dileos Termination Email, #6 Exhibit 6 - June 13, 2023 Keystone Petroleum Termination Email, #7 Exhibit 7 - May 24, 2023 Demand Letter Transmittal Email, #8 Exhibit 8 - May 24, 2023 Demand Letter to Treschow, #9 Exhibit 9 - June 2, 2023 Letter to Keystone Environmental, #10 Exhibit 10 - June 9, 2023 Response from Keystone Environmental, #11 Exhibit 11 - Treschow LinkedIn Post)(Burgan, Blake) |
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Filing 16
PRELIMINARY INJUNCTION SCHEDULING ORDER HON. M. KENDRA KLUMP, MAGISTRATE JUDGE - The court GRANTS Plaintiff's Motion for Expedited Discovery, Dkt. #5 to the extent that the Court establishes the following schedule to prepare this matter for a hearing on Plaintiff's Motion for Preliminary Injunction. Plaintiff must file a Brief/Memorandum in Support of its Motion for Preliminary Injunction by July 7, 2023. Defendant's response to the Motion for Preliminary Injunction is due July 28, 2023. A reply does not appear to be needed; nor has one been requested. The parties are to serve requests for production, along with any interrogatories or requests for admissions, focused upon the issues to be addressed during the preliminary injunction hearing, by no later than July 13, 2023. The parties shall fully respond to such discovery requests on or before July 20, 2023, including the production of any documents requested and the logging of any privileged or other documents withheld. If the parties request an evidentiary hearing, the parties must file a motion on or before July 13, 2023 requesting evidence and witnesses be permitted at the hearing. Each party may conduct no more than two depositions in connection with the motion for preliminary injunction. Each deposition shall last no more than three hours. All such depositions shall be completed on or before July 28, 2023. The parties shall work together to ensure the scheduling of the depositions in compliance with this order. SEE ORDER. Copy sent to distribution list via US mail. Signed by Magistrate Judge M. Kendra Klump on 6/30/2023. (JRB)
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Filing 15
ORDER SETTING SHOW CAUSE HEARING - A Telephonic Show Cause Hearing is set for 7/7/2023 at 2:30 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. The Parties are to call 1-877-336-1274 to participate in the conference. Callers will be required to enter Access Code 9785171 and Security Code 231054. Call-in information is to be used by the Parties only. Signed by Magistrate Judge M. Kendra Klump on 6/30/2023. Copy to Defendant via US mail, per BAS. (JSR)
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Filing 14
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 6/29/2023. The conference concluded without further order. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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Filing 13
MINUTE ORDER for Telephonic Status Conference held before Magistrate Judge M. Kendra Klump on 6/23/2023. Telephonic Status Conference set for 6/29/2023 at 12:00 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. See Minute Order for further information. Signed by Magistrate Judge M. Kendra Klump. (BAS)
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| Filing 12 NOTICE of Proof of Service, filed by Plaintiff AUGUST MACK ENVIRONMENTAL, INC. (Attachments: #1 Exhibit A - Proof of Service) (Burgan, Blake) |
| Filing 11 NOTICE of Service, filed by Plaintiff AUGUST MACK ENVIRONMENTAL, INC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Burgan, Blake) |
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Filing 10
SCHEDULING ORDER: This matter is set for a telephonic pretrial conference on Friday, 6/23/2023 at 1:30 PM (Eastern Time) before Magistrate Judge M. Kendra Klump. The purpose of the conference is to discuss a schedule regarding Plaintiff's Motion for Preliminary Injunction, Dkt. #4 , and Motion for Expedited Discovery, Dkt. #5 . The Parties are to call 1-877-336-1274 to participate in the conference. Callers will be required to enter Access Code 9785171 and Security Code 231054. Call-in information is to be used by the Parties only. Counsel for Plaintiff is hereby ordered to serve a copy of this Order on Defendant and to file proof of such service on or before June 23, 2023. Otherwise, Plaintiff must move to continue the conference until such proof of service can be filed. Signed by Magistrate Judge M. Kendra Klump on 6/21/2023.(KAA)
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| Filing 9 PRACTICES AND PROCEDURES before Judge James R. Sweeney II. (JDC) |
| Filing 8 Summons Issued as to STEVEN TRESHOW. (JDC) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (JDC) |
| Filing 6 NOTICE of Appearance by Kristine Anne Gordon on behalf of Plaintiff August Mack Environmental, Inc.. (Gordon, Kristine) |
| Filing 5 MOTION for Expedited Discovery, filed by Plaintiff August Mack Environmental, Inc.. (Attachments: #1 Exhibit A - Requests for Production, #2 Exhibit B - Interrogatories, #3 Exhibit C - Notice of Deposition - Steven Treschow, #4 Exhibit D - Notice of Deposition - Keystone (30)(b)(6), #5 Text of Proposed Order Granting Motion for Expedited Discovery)(Burgan, Blake) |
| Filing 4 MOTION for Preliminary Injunction , filed by Plaintiff August Mack Environmental, Inc.. (Burgan, Blake) |
| Filing 3 Rule 7.1 Disclosure Statement by August Mack Environmental, Inc.. (Burgan, Blake) |
| Filing 2 NOTICE of Appearance by Blake J. Burgan on behalf of Plaintiff August Mack Environmental, Inc.. (Burgan, Blake) |
| Filing 1 COMPLAINT against Steven Treschow, filed by August Mack Environmental, Inc.. (Filing fee $402, receipt number AINSDC-7680886) (Attachments: #1 Exhibit A - Agreement, #2 Civil Cover Sheet, #3 Proposed Summons to Steven Treschow)(Burgan, Blake) |
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