Terracon Consultants Inc v. Insight Group LLC et al
| Terracon Consultants Inc |
| Kylie Page, Jason Hatch, Bryan Shiver, Ryan Keiper, Matt Silveston and Jeremy Crady |
| Mr. Robert Pavlicek and T T Companies, Inc. |
| Insight Group LLC and William Christopher, Jr |
| 2:2020cv02444 |
| September 14, 2020 |
| US District Court for the District of Kansas |
| Gwynne E Birzer |
| Sam A Crow |
| J Thomas Marten |
| Other Statutory Actions |
| Both |
Docket Report
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This docket was last retrieved on October 30, 2020. A more recent docket listing may be available from PACER.
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Filing 208
MEMORANDUM AND ORDER granting #203 Defendants' Motion to Stay. Signed by District Judge J. Thomas Marten on 10/30/2020. (mam)
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| Filing 207 RESPONSE by Plaintiff Terracon Consultants Inc re #203 Motion to Stay Case (in opposition) (Colligan, Sean) |
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Filing 206
ORDER granting #205 the Consent Motion filed by Plaintiff Terracon Consultants, Inc. with the consent of Defendants, for an extension of the deadline for the report of the parties' planning meeting and provision of their Rule 26 initial disclosures as well as a postponement of the scheduling conference in this matter until after the resolution of the Defendants' Motion to Stay (ECF No. 203). Signed by Magistrate Judge Gwynne E. Birzer on 10/29/20. (adc)
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| Filing 205 Consent MOTION for Order FOR EXTENSION OF DEADLINE FOR REPORT OF PARTIES PLANNING MEETING & PROVISION OF RULE 26 INITIAL DISCLOSURES AND POSTPONEMENT OF SCHEDULING CONFERENCE by Plaintiff Terracon Consultants Inc (referred to Magistrate Judge Gwynne E. Birzer) (Colligan, Sean) |
| Filing 204 MEMORANDUM IN SUPPORT of #203 MOTION to Stay Case by Defendants William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston (Attachments: #1 Exhibit A - July 28, 2020 Order denying TT Motion, #2 Exhibit B - Order denying Motion to Enjoin and Granting Motions to Stay)(Schwartz, Steven) |
| Filing 203 MOTION to Stay Case by Defendants William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston (referred to Magistrate Judge Gwynne E. Birzer) (Schwartz, Steven) |
| Filing 202 NOTICE: Order sent from South Carolina to be filed in case. Order clarifies arbitrable claims to be included with the case. (hw) |
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Filing 201
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 11/5/2020 at 10:00 AM by Zoom Video Conference before Magistrate Judge Gwynne E. Birzer. A Zoom invitation will follow approximately a week prior to the conference. Counsel must submit by email to the undersigned Magistrate Judge a Report of Parties Planning Meeting using the Court form by 10/29/2020. The parties must send any previously-disclosed Rule 26 Initial Disclosures, or preferably updated disclosures specific to this matter, to the undersigned by email no later than 10/29/2020. Signed by Magistrate Judge Gwynne E. Birzer on 10/8/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(adc)
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Filing 200
ORDER granting #198 Motion to Appear Pro Hac Vice of Jaan G. Rannik for William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 10/2/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
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| Filing 199 AMENDED AFFIDAVIT of Jaan G. Rannik re #198 MOTION for attorney Jaan G. Rannik to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5275437) by Defendants William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston.(gw) |
| Filing 198 MOTION for attorney Jaan G. Rannik to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5275437.) by Defendants William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston (referred to Magistrate Judge Gwynne E. Birzer) (Schwartz, Steven) |
| Filing 197 ENTRY OF APPEARANCE by Steven H. Schwartz on behalf of William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston (Schwartz, Steven) |
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Filing 196
ORDER granting #195 Motion to Appear Pro Hac Vice of Jennifer H. Thiem for Terracon Consultants Inc. pursuant to D. Kan. Rule 83.5.4 for purposes of this case only. Signed by Magistrate Judge Gwynne E. Birzer on 9/30/20. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
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| Filing 195 MOTION for attorney Jennifer H. Thiem to appear pro hac vice ( Pro hac vice fee $50, Internet Payment Receipt Number AKSDC-5271770.) by Plaintiff/Counter Defendant Terracon Consultants Inc. (referred to Magistrate Judge Gwynne E. Birzer) (Colligan, Sean) (Modified on 9/29/2020 to correct filing party. (heo)) |
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Filing 194
ORDER REASSIGNING CASE: Case reassigned to District Judge J. Thomas Marten for all further proceedings. District Judge Sam A. Crow no longer assigned to case. Signed by District Judge Sam A. Crow on 9/15/2020. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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| Filing 193 Letter from the clerk to counsel regarding pro hac vice requirements. (hw) |
| Filing 192 CASE TRANSFERRED IN from District of South Carolina; Case Number 2:19-cv-00396. Electronic file case file and docket sheet received. (heo) |
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Filing 191
ORDER The Court rules as follows: 1. Terracon is required to submit to the arbitration proceedings pending in Kansas its claims which are presently pending in this Court that were used to set off payments due to Christopher, Page, and Shiver. 2. Terracons motion to enjoin the pending arbitration proceeding (Dkt. No. #180 ) is DENIED. 3. The Court TRANSFERS to the United States District Court of Kansas, Kansas City Division, the claims set forth in Paragraph C of this Order. The balance of the parties' claims and counterclaims shall remain with this Court. 4. The Court hereby GRANTS Defendants/Counterclaimants' motion to stay the litigation involving the remaining claims with this Court (Dkt Nos. #153 , #154 ) pending the outcome of the arbitration proceeding. The parties are directed to file with the Court a status report 60 (sixty) days from the date of this Order and every 60 (sixty) days thereafter while the arbitration is pending and to provide the Court promptly a copy of any panel decision once issued. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/10/2020.(sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 190 TEXT ORDER Defendants William Christopher, Jr. and Insight Group, LLC's Rule 41(a)(2) and Rule 41(c) motion to dismiss counterclaim for breach of promissory note against Plaintiff Terracon Consultants Inc. is GRANTED. (Dkt. No. #188 ). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/10/2020. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 189 NOTICE of Voluntary Dismissal by Kylie Page (Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 188 Letter from Counsel for Insight & Christopher. (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 187 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Motion Hearing held on 9/4/2020 re 180 MOTION to Enforce Court Order, 162 MOTION to Dismiss, 160 MOTION to Strike, 161 MOTION to Strike and 153 MOTION to Stay. All parties are represented on the call. Filings from Mr. Rannik and Mr. Meyers are due within 5 days. Court to issue written order. Court Reporter Tana Hess. (cper, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 186 REPLY to Response to Motion re #180 MOTION Enforce Court Order and Enjoin Certain Parties From Proceeding with Claims Against Terracon in Arbitration re #99 Order on Motion to Stay,,, Response filed by Terracon Consultants Inc. (Attachments: #1 Exhibit A - Appellants' Opposition to Appellee's Motion for Remand by Insight and Christopher)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 185 RESPONSE in Opposition re #180 MOTION Enforce Court Order and Enjoin Certain Parties From Proceeding with Claims Against Terracon in Arbitration re #99 Order on Motion to Stay,,, Response filed by Jeremy Crady, Jason Hatch, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston.Reply to Response to Motion due by 9/8/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 184 RESPONSE in Opposition re #180 MOTION Enforce Court Order and Enjoin Certain Parties From Proceeding with Claims Against Terracon in Arbitration re #99 Order on Motion to Stay,,, Response filed by William Christopher, Jr, Insight Group LLC.Reply to Response to Motion due by 9/8/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 183 TEXT ORDER On August 18, 2020, Plaintiff filed a motion to enforce Court Order and enjoin certain parties from proceeding with claims against Plaintiff in arbitration. (Dkt. No. 180). Response to the motion is due by September 1, 2020. Any reply to the motion is due on or before September 3, 2020 by 5:00 p.m. EST. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 8/25/20. (ltap, ) Modified docket text per chambers on 8/25/2020 (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 182 NOTICE of Hearing on all Pending Motions: #180 MOTION Enforce Court Order and Enjoin Certain Parties From Proceeding with Claims Against Terracon in Arbitration re #99 Order on Motion to Stay,,, , #162 MOTION to Dismiss MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, (Renewed), #160 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, MOTION to Dismiss (Renewed), #161 MOTION to Strike #69 Answer to Amended Complaint,, Counterclaim, #48 Answer to Amended Complaint, Counterclaim MOTION to Dismiss (Renewed), #153 MOTION to Stay : Motion Hearing set for 9/4/2020 at 9:30 AM before Honorable Richard M Gergel. Court Staff needed. The Court will forward call-in instructions.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 180 MOTION Enforce Court Order and Enjoin Certain Parties From Proceeding with Claims Against Terracon in Arbitration re #99 Order on Motion to Stay,,, by Terracon Consultants Inc. Response to Motion due by 9/1/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Demand for Arbitration Package, #2 Exhibit B - Email Thread Between J. Rannik and AAA, #3 Exhibit C - Transcript of Status Conference, #4 Exhibit D - Amended Demand for Arbitration Package, #5 Exhibit E - Transcript of Telephonic Status Conference, #6 Exhibit F - Letter from J. Rannik to District Court, #7 Exhibit G - Email Thread Between J. Rannik and AAA, #8 Exhibit H - Appellee's Emergency Motion to Stay Arbitration, #9 Exhibit I - Order of the Fourth Circuit Court Dismissing the Appeal, #10 Exhibit J - Mandate, #11 Exhibit K - Email Thread Between J. Thiem and AAA, #12 Exhibit L - Email Thread Between Defense Counsel and AAA, #13 Exhibit M - Email Thread Between Defense Counsel and AAA, #14 Exhibit N - Email Thread Between J. Thiem and AAA, #15 Exhibit O - Letter from AAA to Defense Counsel, #16 Exhibit P - Email Thread Between J. Rannik and AAA, #17 Exhibit Q - Email Thread Between G. Myers and AAA, #18 Exhibit R - Email Thread Between J. Thiem and AAA, #19 Exhibit S - Email Thread Between J. Thiem and AAA, #20 Exhibit T - T T's Motion to Enforce AAA Ruling on Objection to Jurisdiction, for Partial Dismissal and for 45-Day Stay, #21 Exhibit U - Panel Ruling on Motion to Enforce AAA Ruling on Objection to Jurisdiction, #22 Exhibit V - Email to AAA dated August 17, 2020)No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 179 REPLY to Response to Motion re #160 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, MOTION to Dismiss (Renewed) (Reply to ECF 176 William Christopher's Objection and Opposition to Terracon's Motion to Strike or Dismiss) Response filed by Terracon Consultants Inc. (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 178 REPLY to Response to Motion re #161 MOTION to Strike #69 Answer to Amended Complaint,, Counterclaim, #48 Answer to Amended Complaint, Counterclaim MOTION to Dismiss (Renewed) (Reply to ECF 173 Kylie Page's Response in Opposition) Response filed by Terracon Consultants Inc. (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 176 RESPONSE in Opposition re #162 MOTION to Dismiss MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, (Renewed), #160 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, MOTION to Dismiss (Renewed) Response filed by William Christopher, Jr, Insight Group LLC.Reply to Response to Motion due by 8/14/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 175 REPLY to Response to Motion re #153 MOTION to Stay Response filed by William Christopher, Jr, Insight Group LLC. (Attachments: #1 Exhibit T T Motion to Enforce, #2 Exhibit Panel's Ruling)(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 174 NOTICE of Voluntary Dismissal by William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 173 RESPONSE in Opposition re #162 MOTION to Dismiss MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, (Renewed), #161 MOTION to Strike #69 Answer to Amended Complaint,, Counterclaim, #48 Answer to Amended Complaint, Counterclaim MOTION to Dismiss (Renewed), #160 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, MOTION to Dismiss (Renewed) Response filed by Jeremy Crady, Jason Hatch, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston.Reply to Response to Motion due by 8/12/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Arbitration order, #2 Exhibit Letter re Silveston)(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 171 TEXT ORDER: Defendants have moved, with the consent of Plaintiffs, for an extension of time until 8/7/20 to respond to motions at Dkt. Nos. 160, 161, 162 and 169. (Dkt No. 170). For good cause shown, the motion is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/29/20.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 170 MOTION for Extension of Time to File Response/Reply as to #162 MOTION to Dismiss MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, (Renewed), #169 Response in Opposition to Motion,,,, #161 MOTION to Strike #69 Answer to Amended Complaint,, Counterclaim, #48 Answer to Amended Complaint, Counterclaim MOTION to Dismiss (Renewed), #160 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, MOTION to Dismiss (Renewed) by William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston. Response to Motion due by 8/11/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 169 RESPONSE in Opposition re #153 MOTION to Stay and #154 Motion to Join Response filed by Terracon Consultants Inc.Reply to Response to Motion due by 7/30/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Delaware Secretary of State Information for Terracon and T T, #2 Exhibit B - Order of the Fourth Circuit Court, #3 Exhibit C - Demand for Arbitration Package, #4 Exhibit D - Email Thread Between J. Rannik and AAA, #5 Exhibit E - Amended Demand for Arbitration Package, #6 Exhibit F - Transcript of Telephonic Status Conference, #7 Exhibit G - Letter from J. Rannik to District Court, #8 Exhibit H - Email Thread Between J. Rannik and AAA, #9 Exhibit I - Email Thread Between J. Thiem and AAA, #10 Exhibit J - Email Thread Between AAA and All Counsel, #11 Exhibit K - Email Thread Between AAA and All Counsel, #12 Exhibit L - T T's Motion to Enforce AAA Ruling, #13 Exhibit M - For In Camera Review Only)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 168 TEXT ORDER: Plaintiffs have moved, with the consent of Defendants, to extend the time to mediate until 8/21/20. (Dkt. No. 159). For good cause shown, the motion is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/20/2020.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 167 TEXT ORDER: Plaintiffs have moved, with the consent of Defendants, for an extension to file a response to the motion to stay until 7/23/20. (Dkt. No. 158). For good cause shown, the motion is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/20/2020.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 166 REPLY by Robert Pavlicek(Counterclaim Defendant) to #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, #155 Order, . (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 165 REPLY by Terracon Consultants Inc to #69 Answer to Amended Complaint,, Counterclaim, #155 Order, . (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 164 REPLY by Terracon Consultants Inc to #155 Order, #48 Answer to Amended Complaint, Counterclaim . (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 163 REPLY by Terracon Consultants Inc to #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, #155 Order, . (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 162 MOTION to Dismiss , MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, (Renewed) ( Response to Motion due by 7/31/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by T T Companies, Inc.(Counterclaim Defendant). No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 161 MOTION to Strike #69 Answer to Amended Complaint,, Counterclaim, #48 Answer to Amended Complaint, Counterclaim , MOTION to Dismiss (Renewed) ( Response to Motion due by 7/31/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Terracon Consultants Inc. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 160 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, , MOTION to Dismiss (Renewed) ( Response to Motion due by 7/31/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Terracon Consultants Inc. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 159 Consent MOTION for Extension of Time to Conduct Mediation by Terracon Consultants Inc. Response to Motion due by 7/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 158 Consent MOTION for Extension of Time to File Response/Reply as to #154 Response in Support of Motion, #153 MOTION to Stay by Terracon Consultants Inc. Response to Motion due by 7/30/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 157 TEXT ORDER: Plaintiff has moved, with the consent of Defendants, for an extension of time until 7/17/20 to respond to the pending motion to stay (Dkt. No. 153) and motion to stay pending arbitration (Dkt. No. 154). For good cause shown, the motion is granted. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 6/30/20.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 156 Consent MOTION for Extension of Time to File Response/Reply as to #154 Response in Support of Motion, #153 MOTION to Stay by Terracon Consultants Inc. Response to Motion due by 7/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
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Filing 155
ORDER: The Court hereby vacates the orders at Dkt. Nos. 95 and 100. The parties shall participate in mediation within 45 days of this Order. Further details set forth in Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/25/20. (ltap, ) Modified docket text per chambers on 6/26/2020 (sshe, ). [Transferred from South Carolina on 9/14/2020.]
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| Filing 154 RESPONSE in Support re #153 MOTION to Stay Response filed by Jeremy Crady, Jason Hatch, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston. (Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 153 MOTION to Stay by William Christopher, Jr, Insight Group LLC. Response to Motion due by 7/1/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Stock Repurchase Agreement, #2 Exhibit Promissory Note, #3 Exhibit Stinson ltr, #4 Exhibit Assignment, #5 Exhibit Amended Arbitration Pleading)No proposed order.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 152 USCA MANDATE re Judgment Order, entered 5/11/2020, takes effect this date as to #107 Notice of Appeal, #119 Notice of Appeal, #132 Notice of Appeal, #139 Subsequent Notice of Appeal, #143 Notice of Appeal, (Attachments: #1 4CCA Judgment Order)(sshe, ) [Transferred from South Carolina on 9/14/2020.] |
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Filing 150
ORDER of USCA as to #107 Notice of Appeal, #119 Notice of Appeal, #132 Notice of Appeal, #139 Subsequent Notice of Appeal, #143 Notice of Appeal, The court denies the petition for rehearing en banc. (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 149 USCA MANDATE In accordance with Rule 41(d)(1), the mandate is stayed pending further order of the 4CCA as to #143 Notice of Appeal, filed by Jeremy Crady, Jason Hatch, Matt Silveston, Bryan Shiver, William Christopher, Jr, Insight Group LLC, Ryan Keiper, Kylie Page, #119 Notice of Appeal, filed by Jeremy Crady, Jason Hatch, Matt Silveston, Bryan Shiver, Kylie Page, Ryan Keiper, #132 Notice of Appeal, filed by William Christopher, Jr, Insight Group LLC, #107 Notice of Appeal, filed by William Christopher, Jr, Insight Group LLC, #139 Subsequent Notice of Appeal filed by Jeremy Crady, Jason Hatch, Matt Silveston, Bryan Shiver, Kylie Page, Ryan Keiper (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
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Filing 148
ORDER of USCA as to #143 Notice of Appeal, filed by Jeremy Crady, Jason Hatch, Matt Silveston, Bryan Shiver, William Christopher, Jr, Insight Group LLC, Ryan Keiper, Kylie Page, #119 Notice of Appeal, filed by Jeremy Crady, Jason Hatch, Matt Silveston, Bryan Shiver, Kylie Page, Ryan Keiper, #132 Notice of Appeal, filed by William Christopher, Jr, Insight Group LLC, #107 Notice of Appeal, filed by William Christopher, Jr, Insight Group LLC, #139 Subsequent Notice of Appeal filed by Jeremy Crady, Jason Hatch, Matt Silveston, Bryan Shiver, Kylie Page, Ryan Keiper. The court dismisses these consolidated appeals for lack of jurisdiction and denies all pending motions as moot. (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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Filing 147
ORDER of USCA The court consolidates Case No. 20-1196(L) ( #107 Notice of Appeal, filed by William Christopher, Jr, Insight Group LLC) and Case No. 20-1436 (as to #143 Notice of Appeal, filed by Jeremy Crady, Jason Hatch, Matt Silveston, Bryan Shiver, William Christopher, Jr, Insight Group LLC, Ryan Keiper, Kylie Page). (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 145 Letter from Jaan G. Rannik in response to Order (ECF #135). (Rannik, Jaan) Modified on 4/15/2020 to edit docket text typo(sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 144 Transmittal Sheet for Notice of Appeal to USCA re #143 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 143 NOTICE OF APPEAL as to #135 Order on Motion to Stay,, Order on Motion to Continue, by William Christopher, Jr, Jeremy Crady, Jason Hatch, Insight Group LLC, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston. - Filing fee $ 505, receipt number 0420-9048136. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
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Filing 142
ORDER of USCA as to #107 (Case No. 20-1196) Notice of Appeal, filed by William Christopher, Jr, Insight Group LLC, #139 (Case Number 20-1399) Subsequent Notice of Appeal filed by Bryan Shiver, Jeremy Crady, Jason Hatch, Matt Silveston, Kylie Page, Ryan Keiper. The court consolidates Case No. 20-1196(L) and Case No. 20-1399. (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 140 Transmittal Sheet for Notice of Appeal to USCA re #139 Subsequent Notice of Appeal The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 139 Subsequent NOTICE OF APPEAL as to 125 Order,, by Jeremy Crady, Jason Hatch, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston . Filing fee $ 505, receipt number 0420-9037010. (Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 138 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Telephonic Status Conference held on 4/1/2020, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.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. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 4/27/2020. Redacted Transcript Deadline set for 5/5/2020. Release of Transcript Restriction set for 7/6/2020. (kmartin, ) [Transferred from South Carolina on 9/14/2020.] |
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Filing 137
ORDER of USCA as to #132 Notice of Appeal, filed by William Christopher, Jr, Insight Group LLC. The court consolidates Case No. 20-1385 and Case No. 20-1196(L). (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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Filing 135
ORDER: The Court is satisfied that no arbitration proceedings will be conducted until the pending legal issues before the federal courts are resolved. Consequently, the Plaintiffs motion for an emergency stay (Dkt. No. 124) is DENIED WITHOUT PREJUDICE. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/1/2020.(ltap, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 134 Transmittal Sheet for Notice of Appeal to USCA re #132 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 133 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 4/1/2020 re #124 Emergency Motion to Stay Arbitration. All parties are represented on the call. Court to issue written order. Court Reporter Karen Martin. (cper, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 132 NOTICE OF APPEAL as to 125 Order,, by William Christopher, Jr, Insight Group LLC. - Filing fee $ 505, receipt number 0420-9029830. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 131 MOTION to Continue Status Conference and Objection to Status Conference by William Christopher, Jr, Insight Group LLC. Response to Motion due by 4/14/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Rannik, Jaan) (Main Document 131 replaced per filing user request) (sshe, ). Modified on 4/2/2020(sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 130 NOTICE of Hearing: Telephone Status Conference set for 4/1/2020 at 10:00 AM before Honorable Richard M Gergel. Plaintiff's Counsel is asked to provide a call-in number (email to all counsel as well as the Court). Court Staff needed. **Due to the volume of conferencing services being utilized at this time-- for better reception it is recommended for as many as possible to utilize a landline if available. Also, to assist the court reporter, when you wish to speak please pause for a brief second after the person before you speaks. (ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 129 REPLY to Response to Motion re #124 Emergency MOTION to Stay Arbitration Response filed by Terracon Consultants Inc. (Attachments: #1 Exhibit A - EMail Thread Between J. Rannik and AAA, #2 Exhibit B - Email From AAA to Counsel, #3 Exhibit C - Cover Email and Communication from AAA, #4 Exhibit D - Email from J. Thiem to J. Rannik)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 128 RESPONSE in Opposition re #124 Emergency MOTION to Stay Arbitration Response filed by William Christopher, Jr, Insight Group LLC.Reply to Response to Motion due by 4/1/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit return to Motion)(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 127 RESPONSE in Opposition re #124 Emergency MOTION to Stay Arbitration Response filed by Jeremy Crady, Jason Hatch, Kylie Page, Bryan Shiver, Matt Silveston.Reply to Response to Motion due by 4/1/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Email to AAA)(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
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Filing 126
ORDER of USCA as to #107 (Case No. 20-1196) Notice of Appeal, filed by William Christopher, Jr, Insight Group LLC and #119 (Case No. 20-1292) Notice of Appeal, filed by Bryan Shiver, Jeremy Crady, Jason Hatch, Matt Silveston, Kylie Page, Ryan Keiper. The court consolidates Case No. 20-1196 and Case No. 20-1292. (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 125 TEXT ORDER: Plaintiff has moved for an emergency order enjoining arbitration proceedings pending resolution of issues pending before this Court and the Fourth Circuit Court of Appeals. (Dkt. No. 124). Defendants are directed to file a response to this motion on or before 3/25/20. A consent to stay arbitration by Defendants pending resolution of pending issues in the federal courts on the arbitration question will be a sufficient response. Otherwise, Defendants need to set forth in detail their authority to proceed to arbitration in light of the unsettled legal issues on this matter. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/20/20. (ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 124 Emergency MOTION to Stay Arbitration by Terracon Consultants Inc. Response to Motion due by 4/3/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Demand for Arbitration Package, #2 Exhibit B - Email Thread)No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 123 NOTICE of Cancellation of Hearing: Telephone Status Conference set for 3/23/2020 at 10:00 AM. (cper, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 122 NOTICE of Hearing: Telephone Status Conference set for 3/23/2020 at 10:00 AM before Honorable Richard M Gergel. Attorneys are to provide a call-in number or initiate telephone conference and then call into Chambers. Court Staff needed.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 120 Transmittal Sheet for Notice of Appeal to USCA re #119 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 119 NOTICE OF APPEAL as to #100 Order on Motion to Strike,, Order on Motion to Dismiss,,,,, by Jeremy Crady, Jason Hatch, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston. - Filing fee $ 505, receipt number 0420-8991514. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 118 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 2/28/2020, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.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. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 3/25/2020. Redacted Transcript Deadline set for 4/6/2020. Release of Transcript Restriction set for 6/2/2020. (kmartin, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 117 AMENDED ORDER AND NOTICE OF INDICATIVE RULING re #114 Order Signed by Honorable Richard M Gergel on 3/3/2020. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 116 TEXT ORDER: Defendants Christopher and Insight have filed a motion regarding the Courts Indicative Ruling, inquiring whether a written motion for reconsideration of the Courts earlier order striking the Amended Answer (Dkt. No. 95) was necessary. (Dkt. No. 115). No written motion is necessary. These Defendants orally requested that the Court reconsider its earlier ruling striking the Amended Answer during the hearing of February 28, 2020, and the Court responded that it would grant such a motion but presently did not have the authority to grant the requested relief because the matter was pending in the Court of Appeals. The Courts Indicative Ruling then followed. Should the Court of Appeals remand the matter to the District Court, the motion to reconsider will be granted and the Court will then address the merits of these Defendants motions to stay and compel arbitration. These Defendants also correctly noted two scriveners errors in the Order and Notice of Indicative Ruling, and the Court will file an Amended Order correcting those matters. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 3/3/20. (ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 115 MOTION In re Indicative Order by William Christopher, Jr, Insight Group LLC. Response to Motion due by 3/16/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
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Filing 114
ORDER AND NOTICE OF INDICATIVE RULING The purpose of this Order is to provide the Court of Appeals formal notice of the District Court's Indicative Ruling and that the District Court is prepared on remand to vacate its prior decision striking the Amended Answer of Christopher and Insight (Dkt. No. 95 ) and to address and rule upon the "substantial issues" raised by the motion of these parties to stay and compel arbitration. The District Court believes that such remand would promote judicial efficiency and economy and avoid unnecessary expense and delay. Fabian v. Storage Tech., Corp., 164 F.3d887, 891 (4th Cir. 1999). In light of the Court's Order herein, Christopher and Insight are directed, pursuant to Fed. R. Civ. P. 62.1 and Fed. R. App. P. 12.1, to advise the Clerk of the Fourth Circuit of the Court's Indicative Ruling in this matter and to provide a copy of this Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/28/2020. (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 113 Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 2/28/2020. Court to issue order re: arbitration and scheduling. Court Reporter Karen Martin. (cper, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 111 Counterclaim Defendant Robert Pavlicek's Reply to Counterclaimants Insight Group, LLC and William Christopher, Jr.'s Counterclaims ANSWER to Counterclaim #96 by Robert Pavlicek(Counterclaim Defendant).(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 110 Plaintiff's Reply to Defendants Insight Group, LLC and William Christopher, Jr.'s Amended Answer to Amended Complaint and Counterclaims ANSWER to Counterclaim #96 by Terracon Consultants Inc.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 109 NOTICE of Hearing: Status Conference set for 2/28/2020 at 1:00 PM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. (ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 108 Transmittal Sheet for Notice of Appeal to USCA re #107 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 107 NOTICE OF APPEAL as to 103 Order on Motion to Stay,, #99 Order on Motion to Stay,,, 95 Order on Motion to Strike,,,,,, Order on Motion to Dismiss,,,,,,,,,,,,,,,,, by William Christopher, Jr, Insight Group LLC. - Filing fee $ 505, receipt number 0420-8949865. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 106 STATUS REPORT (Joint) by William Christopher, Jr, Insight Group LLC. (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 105 NOTICE of Request for Protection from Court Appearance by Jaan Gunnar Rannik for February 29, 2020 - March 10, 2020 (Revised) (Attachments: #1 Proposed Order)(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 104 TEXT ORDER: Plaintiff and Defendants separately moved for an extension of time to identify expert witnesses. (Dkt. Nos. 87, 101). The requests do not include new proposed deadlines for the expert witness identifications. In addition, the parties represent that a proposed amended scheduling order is forthcoming, but as of this date the Court is not in receipt of a revised scheduling order. The Court instructs the parties to file a joint status report to provide the Court with new deadlines for expert witness identifications on or before Monday, February 17, 2020. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 2/13/20. (ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 103 TEXT ORDER On October 15, 2019, Defendants William Christopher, Jr. and Insight Group, LLC moved to stay and compel arbitration. (Dkt. No. 47.) On February 9, 2020, Defendants William Christopher, Jr. and Insight Group, LLC filed a subsequent motion to stay the case pending the resolution of arbitration. (Dkt. No. 97.) On February 10, 2020, the Court denied without prejudice William Christopher, Jr. and Insight Group, LLC's motion to stay and compel arbitration. (Dkt. No. 47.) As such, the subsequent motion to stay (Dkt. No. #97 ) is DENIED AS MOOT. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/12/2020.(sshe, ) [Transferred from South Carolina on 9/14/2020.] |
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Filing 102
ORDER re #98 Motion for clarification of the Court's text order entered on February 6, 2020. The Court's order entered on February 6, 2020 (Dkt. No. 95) is clarified to the extent that Christopher and Insight's amended answer (Dkt. No. 46) is struck without prejudice. The Court's order does not preclude Christopher and Insight from filing a motion to amend the answer and submit a proposed amended answer for the Court's review. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/10/2020.(sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 101 MOTION for Extension of Time to Identify Expert Witness(es) by William Christopher, Jr, Insight Group LLC. Response to Motion due by 2/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
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Filing 100
ORDER AND OPINION Terracon's partial motion to strike or dismiss Defendant Page's third, fourth, and fifth counterclaims is GRANTED. (Dkt. No. #58 .) In addition, Terracon's partial motion to strike or dismiss Defendant Shiver's second and third counterclaims is GRANTED. (Dkt. No. #79 .) AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/10/2020.(sshe, ) [Transferred from South Carolina on 9/14/2020.]
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Filing 99
ORDER Defendants motion to stay and compel arbitration is DENIED WITHOUT PREJUDICE. (Dkt. Nos. #47 ; #71 .) The motion for protective order is DENIED AS MOOT. (Dkt. Nos. 47; 71.) AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/10/2020.(sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 98 MOTION for Clarification re 95 Order on Motion to Strike,,,,,, Order on Motion to Dismiss,,,,,,,,,,,,,,,,, by William Christopher, Jr, Insight Group LLC. Response to Motion due by 2/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A (Emails between counsel))No proposed order.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 97 MOTION to Stay by William Christopher, Jr, Insight Group LLC. Response to Motion due by 2/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A (Stock Purchase Agreement), #2 Exhibit B (Promissory Note), #3 Exhibit C (Letter from Counsel))No proposed order.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 96 Amended ANSWER to #41 Amended Complaint,,,,, , COUNTERCLAIM against Robert Pavlicek, Terracon Consultants Inc by William Christopher, Jr, Insight Group LLC.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 95 TEXT ORDER Court allowed William Christopher, Jr. and Insight Group, LLC to amend their answer to add Robert Pavlicek as a counterclaim Defendant and assert counterclaims against Terracon Consultants, Inc. and Robert Pavlicek for defamation and violation of the South Carolina Unfair Trade Practices Act. (Dkt. No. 45.) William Christopher, Jr. and Insight Group, LLC filed an amended answer adding TT Companies, Inc. as a counterclaim defendant and asserting a counterclaim against Terracon/TT for breach of promissory note. (Dkt. No. 46.) Terracon Consultants, Inc. and TT Companies, Inc. separately moved to strike or dismiss William Christopher, Jr. and Insight Group, LLCs counterclaim for breach of promissory note and drop TT companies as a counterclaim Defendant. (Dkt. Nos. 57; 88.) The Court strikes William Christopher, Jr. and Insight Group, LLCs amended answer as improperly filed. William Christopher, Jr. and Insight Group, LLC are instructed to file an amended answer consistent with the Courts order (Dkt. No. 46) within three (3) days of the entry of this order. Terracon Consultants, Inc. and TT Companies, Inc.s motions to strike or dismiss (Dkt. Nos. #57 ; #88 ) are DENIED WITHOUT PREJUDICE. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/6/2020.(sshe, ) Modified docket text (added Text Order) on 2/7/2020 (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 94 REPLY to Response to Motion re #88 MOTION to Dismiss or Strike Defendant William Christopher, Jr.'s Counterclaim for Breach of Promissory Note, and Drop T T Companies, Inc. as a Counteclaim Defendant MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, Response filed by T T Companies, Inc.(Counterclaim Defendant). (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 93 WAIVER OF SERVICE by Kylie Page. T T Companies, Inc. waiver executed on 1/10/2020, answer due 3/10/2020. (Filing corrected for event type, answer due deadline) (sshe, ) Modified to original document number on 1/29/2020 (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 92 NOTICE of Request for Protection from Court Appearance by Jaan Gunnar Rannik for March 2 - 9, 2020 (Rannik, Jaan) (Main Document 92 replaced on 1/23/2020) (sshe, ). Modified on 1/23/2020 to replace with correct document as requested and provided by filing user(sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 91 TEXT ORDER granting #89 Motion for Extension of Time until February 10, 2020 to conduct mediation. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/22/20.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 90 RESPONSE in Opposition re #88 MOTION to Dismiss or Strike Defendant William Christopher, Jr.'s Counterclaim for Breach of Promissory Note, and Drop T T Companies, Inc. as a Counteclaim Defendant MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, Response filed by William Christopher, Jr, Insight Group LLC.Reply to Response to Motion due by 1/28/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Demand for Arbitration)(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 89 Consent MOTION for Extension of Time to Conduct Mediation by Terracon Consultants Inc. Response to Motion due by 1/31/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 88 MOTION to Dismiss or Strike Defendant William Christopher, Jr.'s Counterclaim for Breach of Promissory Note, and Drop T T Companies, Inc. as a Counteclaim Defendant, MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, ( Response to Motion due by 1/21/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by T T Companies, Inc.(Counterclaim Defendant). No proposed order.(Thiem, Jennifer) (Main Document 88 replaced on 1/7/2020) (sshe, ). Modified on 1/7/2020 to replace with corrected signature document provided by filing user(sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 87 Consent MOTION for Extension of Time of Expert Witness Disclosure Deadline by Terracon Consultants Inc. Response to Motion due by 1/21/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 86 REPLY to Response to Motion re #57 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, for Breach of Promissory Note and Drop T T Companies, Inc. as a Counterclaim Defendant MOTION to Dismiss Response filed by Terracon Consultants Inc. (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 85 REPLY to Response to Motion re #58 MOTION to Strike #48 Answer to Amended Complaint, Counterclaim for Interference with Prospective Contractual Relations, Breach of Promissory Note, and Injunctive Relief and Drop T T Companies, Inc. as a Counterclaim Defendant MOTION to Dismiss Response filed by Terracon Consultants Inc. (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 83 Counterclaim Defendant Robert Pavlicek's ANSWER to #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, by Robert Pavlicek.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 82 TEXT ORDER granting #81 Motion for Extension of Time to File Reply. Replies due by 1/3/2020. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 12/27/2019.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 81 MOTION for Extension of Time to File Response/Reply as to #58 MOTION to Strike #48 Answer to Amended Complaint, Counterclaim for Interference with Prospective Contractual Relations, Breach of Promissory Note, and Injunctive Relief and Drop T T Companies, Inc. as a Counterclaim Defendant MOTION to Dismiss , #57 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, for Breach of Promissory Note and Drop T T Companies, Inc. as a Counterclaim Defendant MOTION to Dismiss by Terracon Consultants Inc. Response to Motion due by 1/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order for Extension of Time)Proposed order is being emailed to chambers with copy to opposing counsel.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 80 ANSWER to Counterclaim #69 of Defendant Bryan Shiver by Terracon Consultants Inc.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 79 MOTION to Dismiss , MOTION to Strike #69 Answer to Amended Complaint,, Counterclaim, ( Response to Motion due by 1/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Terracon Consultants Inc. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 78 RESPONSE in Opposition re #71 MOTION to Stay and Compel arbitration Response filed by Terracon Consultants Inc.Reply to Response to Motion due by 1/2/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 77 RESPONSE in Opposition re #58 MOTION to Strike #48 Answer to Amended Complaint, Counterclaim for Interference with Prospective Contractual Relations, Breach of Promissory Note, and Injunctive Relief and Drop T T Companies, Inc. as a Counterclaim Defendant MOTION to Dismiss Response filed by Jeremy Crady, Jason Hatch, Ryan Keiper, Kylie Page, Bryan Shiver.Reply to Response to Motion due by 12/27/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Letter of Oct 9 2019)(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 76 REPLY to Response to Motion re #47 MOTION to Stay and Compel Arbitration and for Protective Order Response filed by William Christopher, Jr, Insight Group LLC. (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 75 RESPONSE in Opposition re #57 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, for Breach of Promissory Note and Drop T T Companies, Inc. as a Counterclaim Defendant MOTION to Dismiss Response filed by William Christopher, Jr.Reply to Response to Motion due by 12/27/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Rannik, Jaan) (Main Document 75 replaced on 12/23/2019) (sshe, ). Modified on 12/23/2019 to replace with corrected document as requested and provided by filing user(sshe, ). [Transferred from South Carolina on 9/14/2020.] |
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Filing 73
ORDER granting #72 Motion for Sean W. Colligan to Appear Pro Hac Vice for Terracon Consultants Inc. Signed by Honorable Richard M Gergel on 12/19/2019.(sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 72 MOTION to Appear Pro Hac Vice by Sean W. Colligan ( Filing fee $ 250 receipt number 0420-8836114) by Terracon Consultants Inc. Response to Motion due by 1/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Application/Affidavit for Pro Hac Vice Admission, #2 Supporting Documents Certificate of Good Standing, #3 Proposed Order Proposed Order/Pro Hac Vice Admission)Proposed order is being emailed to chambers with copy to opposing counsel.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 71 MOTION to Stay and Compel arbitration by Jeremy Crady, Jason Hatch, Ryan Keiper, Kylie Page, Bryan Shiver, Matt Silveston. Response to Motion due by 12/27/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 70 Amended ANSWER to #41 Amended Complaint,,,,, by Jeremy Crady, Jason Hatch, Matt Silveston.(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 69 ANSWER to #41 Amended Complaint,,,,, , COUNTERCLAIM against T T Companies, Inc., Terracon Consultants Inc by Bryan Shiver. (Attachments: #1 Exhibit Promissory Note, #2 Exhibit Stock Purchase Agreement)(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 68 ANSWER to #41 Amended Complaint, by Jeremy Crady, Jason Hatch, Bryan Shiver, Matt Silveston.(Meyers, Gregg) Filing corrected to include all applicable defendant party filers, clerk removed subsequent duplicative filing (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 67 TEXT ORDER granting #66 Consent Motion for Extension of Time until 12/20/19 to respond to #58 Motion to Strike. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 11/19/2019.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 66 MOTION for Extension of Time by Kylie Page. Response to Motion due by 12/3/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 65 TEXT ORDER granting #64 Motion for Extension of Time to File Response/Reply re #62 RESPONSE in Opposition re #47 MOTION to Stay and Compel Arbitration and for Protective Order, #57 MOTION to Strike. Response to Motion #57 , Reply to #47 due by 12/20/2019. ALL DEADLINES SET FORTH IN THE 2ND AMENDED SCHEDULING ORDER REMAIN AS SET. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Entered at the direction of the Honorable Richard M Gergel on 11/14/2019.(ltap, ) Modified docket text for correct link per chambers on 11/14/2019 (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 64 MOTION for Extension of Time to File Response/Reply as to #62 RESPONSE in Opposition re #47 MOTION to Stay and Compel Arbitration and for Protective Order, #57 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, for Breach of Promissory Note and Drop T T Companies, Inc. as a Counterclaim Defendant MOTION to Dismiss by William Christopher, Jr, Insight Group LLC. Response to Motion due by 12/2/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Rannik, Jaan) Modified on 11/14/2019 to correct link to associated event as to 62 (incorrectly referenced in document as [ECF No. 63]) (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 63 REPLY Response in Opposition to (Motion to) Compel Arbitration by Terracon Consultants Inc to #49 Answer to Amended Complaint, Counterclaim, #48 Answer to Amended Complaint, Counterclaim. (Attachments: #1 Exhibit A - Delaware Secretary of State Division of Corporations Information for Terracon and TT)(Thiem,Jennifer) Refiled as additional correct event type verified by filing user(sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 62 RESPONSE in Opposition re #47 MOTION to Stay and Compel Arbitration and for Protective Order Response filed by Terracon Consultants Inc.Reply to Response to Motion due by *12/20/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A - Delaware Secretary of State Division of Corporations Information for Terracon and TT)TT)(Thiem, Jennifer) Filing corrected for event type verified by filing user(sshe, ) Modified on 11/14/2019 re *Reply due date (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 61 ANSWER to Counterclaim #49 by Terracon Consultants Inc.(Thiem, Jennifer) Filing corrected for event type(sshe, ) Modified on 11/13/2019 (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 60 ANSWER to Counterclaim #48 by Terracon Consultants Inc.(Thiem, Jennifer) Filing corrected for event type(sshe, ) Modified on 11/13/2019 (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 59 ANSWER to Counterclaim #46 by Terracon Consultants Inc.(Thiem, Jennifer) Filing corrected for event type(sshe, ) Modified on 11/13/2019 (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 58 MOTION to Strike #48 Answer to Amended Complaint, Counterclaim for Interference with Prospective Contractual Relations, Breach of Promissory Note, and Injunctive Relief and Drop T T Companies, Inc. as a Counterclaim Defendant, MOTION to Dismiss ( Response to Motion due by *12/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Terracon Consultants Inc. No proposed order.(Thiem, Jennifer) Modified on 11/19/2019 re *Response due date (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 57 MOTION to Strike #46 Answer to Amended Complaint,, Third Party Complaint,, Counterclaim, for Breach of Promissory Note and Drop T T Companies, Inc. as a Counterclaim Defendant, MOTION to Dismiss ( Response to Motion due by *12/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Terracon Consultants Inc. No proposed order.(Thiem, Jennifer) Modified on 11/14/2019 re *Response due date (sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 56 WAIVER OF SERVICE by Insight Group LLC, William Christopher, Jr. T T Companies, Inc. waiver executed on 11/8/2019, answer due 1/7/2020. (Rannik, Jaan) (Main Document 56 replaced on 11/12/2019) (sshe, ). Modified on 11/12/2019 to replace with corrected signature document provided by filing user(sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 55 WAIVER OF SERVICE by Insight Group LLC, William Christopher, Jr. Robert Pavlicek waiver executed on 10/29/2019, answer due 12/30/2019. (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 54 TEXT ORDER granting #53 Consent Motion for Extension of Time to File Response/Reply to #47 MOTION to Stay and Compel Arbitration and for Protective Order, #49 Answer to Amended Complaint, Counterclaim, #48 Answer to Amended Complaint, Counterclaim. Response to Motion due by 11/12/2019. AND IT IS SO ORDERED. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Entered at the direction of the Honorable Richard M Gergel on 10/28/2019.(ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 53 Consent MOTION for Extension of Time to File Response/Reply as to #47 MOTION to Stay and Compel Arbitration and for Protective Order, #49 Answer to Amended Complaint, Counterclaim, #48 Answer to Amended Complaint, Counterclaim by Terracon Consultants Inc. Response to Motion due by 11/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 52 Summons Issued re #46 as to Robert Pavlicek, T T Companies, Inc.. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 50 WAIVER OF SERVICE by Terracon Consultants Inc. Jeremy Crady waiver executed on 10/9/2019, answer due 12/9/2019; Jason Hatch waiver executed on 10/9/2019, answer due 12/9/2019; Kylie Page waiver executed on 10/9/2019, answer due 12/9/2019; Bryan Shiver waiver executed on 10/9/2019, answer due 12/9/2019; Matt Silveston waiver executed on 10/9/2019, answer due 12/9/2019. (Attachments: #1 Exhibit Waiver of Service Kylie Page, #2 Exhibit Waiver of Service Matt Silveston, #3 Exhibit Waiver of Service Jason Hatch, #4 Exhibit Waiver of Service Brian Shiver, #5 Exhibit Waiver of Service Jeremy Crady)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 49 ANSWER to #41 Amended Complaint,,,,, , COUNTERCLAIM against Terracon Consultants Inc by Ryan Keiper.(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 48 ANSWER to #41 Amended Complaint,,,,, , COUNTERCLAIM against Terracon Consultants Inc by Kylie Page. (Attachments: #1 Exhibit Stock Purchase Agreement, #2 Exhibit Note)(Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 47 MOTION to Stay and Compel Arbitration and for Protective Order by William Christopher, Jr, Insight Group LLC. Response to Motion due by 10/29/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit August 16, 2019 TT ltr to Christopher, #2 Exhibit Stock Repurchase Agreement, #3 Exhibit Promissory Note)No proposed order.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 46 ANSWER to #41 Amended Complaint,,,,, , THIRD PARTY COMPLAINT against T T Companies, Inc., Robert Pavlicek, COUNTERCLAIM Defendants, and COUNTERCLAIM against Terracon Consultants Inc by William Christopher, Jr, Insight Group LLC. (Attachments: #1 Exhibit Stock Repurchase Agreement, #2 Exhibit Promissory Note, #3 Exhibit August 16, 2019 TT ltr to Christopher)(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
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Filing 45
ORDER Defendant Insight Group, LLC and William R. Christopher's motion to amend the answer (Dkt. No. #34 ) is GRANTED. Defendants are DIRECTED to promptly file their amended answer. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/7/2019.(sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 44 STATUS REPORT by Ryan Keiper. (Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 43 Summons Issued as to Jeremy Crady, Jason Hatch, Kylie Page, Bryan Shiver, Matt Silveston. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 41 AMENDED COMPLAINT against All Defendants, filed by Terracon Consultants Inc. Service due by 12/30/2019 (Attachments: #1 Exhibit A - E-Manual & Policy, #2 Exhibit B - Terracon CPT Log, #3 Exhibit C - Insight CPT Log, #4 Exhibit D-1 - QMS Corrective Action Procedure Redline, #5 Exhibit D-2 - QMS NIST Reference Standard List and NIST Reference REDLINE, #6 Exhibit D-3 - QMS Retesting of Retained Items Redline, #7 Exhibit D-4 - QMS Subcontractor List Redline, #8 Exhibit D-5 - QMS Vendor List Redline, #9 Exhibit D-6 - QMS Receiving and Inspection Form Redline, #10 Exhibit D-7 - QMS New Form Review Request Redline, #11 Exhibit D-8 - Software Verification Procedure Redline, #12 Exhibit D-9 - QMS Sampling and Sample Transfer Procedure, #13 Exhibit D-10 - QMS Training Competency Summary Redline, #14 Exhibit D-11 - QMS Management Review Procedure and Management Review Redline, #15 Summons as to Jason Hatch, #16 Summons as to Kylie Page, #17 Summons as to Bryan Shiver, #18 Summons as to Jeremy Crady, #19 Summons as to Matt Silveston) (Thiem, Jennifer) (Additional attachment(s) added on 10/1/2019: #20 Exhibit E Redline Comparisons of Terracon and Insight QMS Documents, #21 Exhibit F - QF01-Master Document List) (sshe, ). Modified on 10/1/2019 to add attachments inadvertently omitted at time of filing, as requested and provided by filing user(sshe, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 40 REPLY to Response to Motion re #34 MOTION to Amend/Correct #17 Answer to Complaint Response filed by William Christopher, Jr, Insight Group LLC. (Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
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Filing 39
ORDER The parties' motion to amend the complaint (Dkt. No. #35 ) is GRANTED. Plaintiff is DIRECTED to promptly file its amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/27/2019.(sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 37 RESPONSE in Opposition re #34 MOTION to Amend/Correct #17 Answer to Complaint Response filed by Terracon Consultants Inc.Reply to Response to Motion due by 10/1/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 36 TEXT ORDER: Plaintiff moved to compel discovery responses from Defendant Ryan Keiper and Defendant advised the Court that he did not receive Plaintiffs discovery requests and agreed to respond. Defendant Ryan Keiper is ordered and directed to respond to Plaintiffs First Set of Interrogatories and Requests for Production of Documents on or before 10/7/19 and shall advise the Court that the deadline has been satisfied. The Court will hold Plaintiffs Motion to Compel in abeyance. (Dkt. No. 32.) Entered at the direction of the Honorable Richard M Gergel on 9/19/2019. (ltap, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 35 Consent MOTION to Amend/Correct #1 Complaint, by Terracon Consultants Inc. Response to Motion due by 9/24/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Amended Verified Complaint, #2 Proposed Order Proposed Order Granting Leave to Amend)Proposed order is being emailed to chambers with copy to opposing counsel.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 34 MOTION to Amend/Correct #17 Answer to Complaint by William Christopher, Jr, Insight Group LLC. Response to Motion due by 9/24/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Amended Answer, CC, and TP Complaint)No proposed order.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 33 RESPONSE in Opposition re #32 MOTION to Compel Response filed by Ryan Keiper.Reply to Response to Motion due by 9/12/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 32 MOTION to Compel by Terracon Consultants Inc. Response to Motion due by 9/5/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Discovery Requests to Ryan Keiper, #2 Exhibit B - Email)No proposed order.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 31 CONSENT CONFIDENTIALITY ORDER granting #30 Motion for Confidentiality Order Signed by Honorable Richard M Gergel on 7/24/2019.(sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 30 Consent MOTION for Confidentiality Order by Terracon Consultants Inc. Response to Motion due by 8/1/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order, #2 Supporting Documents Redline of Motion for Entry of Consent Confidentiality Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 29 SECOND AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 9/10/2019,, Plaintiffs ID of Expert Witness due by 1/10/2020,, Defendants ID of Expert Witnesses Due by 2/12/2020,, Records Custodian Affidavit due by 2/19/2020,, Discovery due by 3/10/2020,, Motion in Limine due by 15 business days prior to jury selection,, Motions due by 3/24/2020,, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection,, Pretrial Briefs due by 5 business days prior to jury selection,, Case ready for Jury Selection and/or Trial Deadline on or after 7/1/2020 (Motion granted: #28 Consent MOTION for Extension of Time to Amend #26 Scheduling Order filed by Terracon Consultants Inc). Signed by Honorable Richard M Gergel on 7/10/2019. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 28 Consent MOTION for Extension of Time to Amend #26 Scheduling Order,,, Terminate Motions,, by Terracon Consultants Inc. Response to Motion due by 7/24/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Second Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
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Filing 27
ORDER TO CONDUCT MEDIATION Mediation Due by 2/10/2020 Signed by Honorable Richard M Gergel on 6/5/2019. (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 26 AMENDED SCHEDULING ORDER Motions to Amend Pleadings due by 7/10/2019,, Plaintiffs ID of Expert Witness due by 11/12/2019,, Defendants ID of Expert Witnesses Due by 12/12/2019,, Records Custodian Affidavit due by 12/19/2019,, Discovery due by 1/10/2020,, Motion in Limine due by 15 business days prior to jury selection,, Motions due by 1/24/2020,, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection,, Pretrial Briefs due by 5 business days prior to jury selection,, Case ready for Jury Selection and/or Trial Deadline on or after 5/1/2020 Signed by Honorable Richard M Gergel on 6/5/2019. (sshe, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 25 NOTICE of Appearance by Gregg Meyers on behalf of Ryan Keiper (Meyers, Gregg) [Transferred from South Carolina on 9/14/2020.] |
| Filing 24 Local Rule 26.03 Answers to Interrogatories by William Christopher, Jr, Insight Group LLC, Ryan Keiper.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 23 Joint Rule 26(f) Report by Terracon Consultants Inc. (Attachments: #1 Proposed Order Consent Amended Scheduling Order, #2 Supporting Documents Discovery Plan, #3 Supporting Documents Mediation Form)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 22 Local Rule 26.03 Answers to Interrogatories by Terracon Consultants Inc.(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
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Filing 21
SCHEDULING ORDER Rule 26(f) Conference Deadline 4/4/2019, 26(a) Initial Disclosures due by 4/18/2019, Rule 26 Report due by 4/18/2019, Motions to Amend Pleadings due by 6/12/2019, Plaintiffs ID of Expert Witness due by 7/12/2019, Defendants ID of Expert Witnesses Due by 8/12/2019, Records Custodian Affidavit due by 8/19/2019, Discovery due by 9/10/2019, Motion in Limine due by 15 business days prior to jury selection, Motions due by 9/24/2019, Rule 26(a)(3) Disclosures due by 21 business days prior to jury selection, Pretrial Briefs due by 5 business days prior to jury selection, Case ready for Jury Selection and/or Trial Deadline on or after 1/1/2020 Signed by Honorable Richard M Gergel on 3/14/2019. (sshe, ) [Transferred from South Carolina on 9/14/2020.]
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| Filing 20 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by William Christopher, Jr, Insight Group LLC, Ryan Keiper.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 19 Case Reassigned to Judge Honorable Richard M Gergel. Judge Honorable Bruce Howe Hendricks no longer assigned to the case. (glev, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 18 Local Rule 26.01 Answers to Interrogatories by William Christopher, Jr, Insight Group LLC, Ryan Keiper.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 17 ANSWER to #1 Complaint, by William Christopher, Jr, Insight Group LLC, Ryan Keiper.(Rannik, Jaan) [Transferred from South Carolina on 9/14/2020.] |
| Filing 16 NOTICE of Cancellation of Hearing: The Hearing on the MOTION for Temporary Restraining Order set for Monday, 3/4/2019 is CANCELLED. The parties have resolved the issue and a Consent Order has been filed. (vdru, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 15 CONSENT ORDER re #3 Motion for TRO: The Parties have consented to the entry of a preliminary injunction. Details set forth in order. The parties shall update the Court regarding their discovery efforts within 60 days. Signed by Honorable Bruce Howe Hendricks on 3/4/2019.(vdru, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 14 TEXT ORDER denying #12 Motion for Extension of Time to File Response/Reply Entered at the direction of the Honorable Bruce Howe Hendricks on 3/1/2019. (nsw) [Transferred from South Carolina on 9/14/2020.] |
| Filing 13 Letter from Jennifer H. Thiem. (Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 12 MOTION for Extension of Time to File Response/Reply as to #3 MOTION for Temporary Restraining Order by William Christopher, Jr, Insight Group LLC, Ryan Keiper. Response to Motion due by 3/14/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Epting, Andrew) [Transferred from South Carolina on 9/14/2020.] |
| Filing 11 CERTIFICATE OF SERVICE by Terracon Consultants Inc re 7 Notice of Hearing on Motion, (Attachments: #1 Exhibit A - Proof of Service)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 10 SUMMONS Returned Executed by Terracon Consultants Inc. William Christopher, Jr served on 2/19/2019, answer due 3/12/2019. (Attachments: #1 Exhibit A - Proof of Service)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 9 SUMMONS Returned Executed by Terracon Consultants Inc. Ryan Keiper served on 2/14/2019, answer due 3/7/2019. (Attachments: #1 Exhibit A - Proof of Service)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 8 SUMMONS Returned Executed by Terracon Consultants Inc. Insight Group LLC served on 2/19/2019, answer due 3/12/2019. (Attachments: #1 Exhibit A - Proof of Service)(Thiem, Jennifer) [Transferred from South Carolina on 9/14/2020.] |
| Filing 7 NOTICE of Hearing on Motion #3 MOTION for Temporary Restraining Order : Motion Hearing set for Monday, 3/4/2019 at 10:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. (vdru, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 5 Summons Issued as to William Christopher, Jr, Insight Group LLC, Ryan Keiper. (vdru, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 3 MOTION for Temporary Restraining Order by Terracon Consultants Inc. Response to Motion due by 2/25/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit A: Affidavit of Judy Smith, #3 Exhibit B: Terracon CPT Log, #4 Exhibit C: Insight CPT Log, #5 Exhibit D: Christopher Acknowledgement, #6 Exhibit E: Keiper Acknowledgement, #7 Exhibit F: E-Manual & Policy). No proposed order.(vdru, ) (Attachment 2 replaced on 2/28/2019) (vdru, ). Modified to replace Exhibit A with correct document per filer's request on 2/28/2019 (vdru, ). [Transferred from South Carolina on 9/14/2020.] |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Terracon Consultants Inc.(vdru, ) [Transferred from South Carolina on 9/14/2020.] |
| Filing 1 COMPLAINT against William Christopher, Jr, Insight Group LLC, Ryan Keiper ( Filing fee $ 400 receipt number 0420-8263263.), filed by Terracon Consultants Inc. Service due by 5/13/2019. (Attachments: #1 Exhibit A: E-Manual & Policy, #2 Exhibit B: Terracon CPT Log, #3 Exhibit C: Insight CPT Log). (vdru, ) [Transferred from South Carolina on 9/14/2020.] |
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