ConvergeOne, Inc. v. Logicalis, Inc. et al
| ConvergeOne, Inc. |
| Logicalis, Inc., Ben Hudson, Mark Smalley and Lucas Smith |
| 2:2022cv02151 |
| April 21, 2022 |
| US District Court for the District of Kansas |
| Angel D Mitchell |
| Holly L Teeter |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on December 5, 2022. A more recent docket listing may be available from PACER.
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Filing 44
MEMORANDUM IN OPPOSITION by Defendants Ben Hudson, Logicalis, Inc., Mark Smalley, Lucas Smith re #35 MOTION for Preliminary Injunction (Attachments: #1 Exhibit List, #2 Exhibit A - Logicalis Depo Excerpts, #3 Exhibit B - Lucas Smith Depo Excerpts, #4 Exhibit C - ConvergeOne Depo Excerpts, #5 Exhibit D - Benjamin Hudson Depo Excerpts, #6 Exhibit E - Mark Smalley Depo Excerpts, #7 Exhibit F - Smith Text with O'Brian)(Schuering, Emma)
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Filing 43
UNOPPOSED MOTION TO FILE PORTIONS OF #39 PLAINTIFF'S MEMORANDUM IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION AND EXHIBITS UNDER SEAL OR AS REDACTED by Defendants Ben Hudson, Logicalis, Inc., Mark Smalley, Lucas Smith (referred to Magistrate Judge Angel D. Mitchell) (Schuering, Emma) Modified on 6/17/2022 to re-title. (mam)
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Filing 42
MOTION TO SEAL/REDACT AND MEMORANDUM IN SUPPORT by Plaintiff ConvergeOne, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Brown, Laura)
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Filing 41
NOTICE of Proposed Sealed Record by ConvergeOne, Inc. re #39 SEALED Memorandum in Support of Motion,,,,, (Brown, Laura)
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Filing 40
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: TELEPHONE CONFERENCE held on 6/9/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 39
SEALED MEMORANDUM IN SUPPORT of #35 MOTION for Preliminary Injunction by Plaintiff ConvergeOne, Inc. (Attachments: #1 Exhibit List, #2 Exhibit 1 -- Excerpts from Hudson Deposition, #3 Exhibit 2 -- Dep. Ex. 33, #4 Exhibit 3 -- Excerpts from Smith Deposition, #5 Exhibit 4 -- Dep. Ex. 9, #6 Exhibit 5 -- Excerpts from Smalley Deposition, #7 Exhibit 6 -- Dep. Ex. 21, #8 Exhibit 7 -- Dep. Ex. 32, #9 Exhibit 8 -- Dep. Ex. 8, #10 Exhibit 9 -- Dep. Ex. 31, #11 Exhibit 10 -- Dep. Ex. 20, #12 Exhibit 11 -- Excerpts from Logicalis Corp. Rep. Deposition, #13 Exhibit 12 -- Dep. Ex. 28, #14 Exhibit 13 -- Dep. Ex. 47, #15 Exhibit 14 -- John Hill Declaration, #16 Exhibit 15 -- Dep. Ex. 10, #17 Exhibit 16 -- Dep. Ex. 34, #18 Exhibit 17 -- Dep. Ex. 35, #19 Exhibit 18 -- Dep. Ex. 12, #20 Exhibit 19 -- Dep. Ex. 13, #21 Exhibit 20 -- Dep. Ex. 37, #22 Exhibit 21 -- Dep. Ex. 27, #23 Exhibit 22 -- Dep. Ex. 17, #24 Exhibit 23 -- AEO Dep. Ex. 29, #25 Exhibit 24 -- AEO Dep. Ex. 52, #26 Exhibit 25 -- Dep. Ex. 40, #27 Exhibit 26 -- Dep. Ex. 41, #28 Exhibit 27 -- Dep. Ex. 42, #29 Exhibit 28 -- AEO Dep. Ex. 15, #30 Exhibit 29 -- Excerpts from ConvergeOne Corp. Rep. Deposition, #31 Exhibit 30 -- AEO v. Johnson Petition, #32 Exhibit 31 -- AEO v. Johnson Hearing Transcript, #33 Exhibit 32 -- AEO v. Johnson Order)(Brown, Laura)
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Filing 38
ORDER denying #34 Motion for Leave to File Under Seal. To further discuss the procedure outlined in the order for requesting leave to file under seal, the court sets this case for a status conference on Thursday, June 9, 2022, at 2:00 p.m. via telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627. Signed by Magistrate Judge Angel D. Mitchell on 6/8/2022. (ca)
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Filing 37
EXHIBITS 30-32 IN SUPPORT of #36 Memorandum in Support of Motion by Plaintiff ConvergeOne, Inc. (Replacement of Corrupted Exhibits 30-32.) (Attachments: #1 Exhibit 30 -- AOS v. Johnson Petition, #2 Exhibit 31 -- AOS v. Johnson Hearing Transcript, #3 Exhibit 32 -- AOS v. Johnson Order)(Brown, Laura)
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Filing 36
MEMORANDUM IN SUPPORT of #35 MOTION for Preliminary Injunction by Plaintiff ConvergeOne, Inc. (Attachments: #1 Exhibit List, #2 Exhibit 1 -- Excerpts from Hudson Deposition, #3 Exhibit 2 -- Filed Under Seal, #4 Exhibit 3 -- Excerpts from Smith Deposition, #5 Exhibit 4 -- Filed Under Seal, #6 Exhibit 5 -- Excerpts from Smalley Deposition, #7 Exhibit 6 -- Filed Under Seal, #8 Exhibit 7 -- Dep. Ex. 32, #9 Exhibit 8 -- Dep. Ex. 8, #10 Exhibit 9 -- Dep. Ex. 31, #11 Exhibit 10 -- Dep. 20, #12 Exhibit 11 -- Excerpts from Logicalis Corp. Rep. Deposition, #13 Exhibit 12 -- Filed Under Seal, #14 Exhibit 13 -- Filed Under Seal, #15 Exhibit 14 -- John Hill Declaration, #16 Exhibit 15 -- Filed Under Seal, #17 Exhibit 16 -- Filed Under Seal, #18 Exhibit 17 -- Dep. Ex. 35, #19 Exhibit 18 -- Filed Seal, #20 Exhibit 19 -- Dep. Ex. 13, #21 Exhibit 20 -- Dep. Ex. 37, #22 Exhibit 21 -- Dep. Ex. 27, #23 Exhibit 22 -- Filed Under Seal, #24 Exhibit 23 -- Filed Under Seal, #25 Exhibit 24 -- Filed Under Seal, #26 Exhibit 25 -- Filed Under Seal, #27 Exhibit 26 -- Filed Under Seal, #28 Exhibit 27 -- Filed Under Seal, #29 Exhibit 28 -- Filed Seal, #30 Exhibit 29 -- Excerpts from ConvergeOne Corp. Rep. Deposition, #31(Corrupted) Exhibit 30 -- AOS Petition, #32 (Corrupted) Exhibit 31 -- AOS Hearing Transcript, #33 (Corrupted) Exhibit 32 -- AOS Order)(Brown, Laura) Modified on 6/8/2022 (hw).
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Filing 35
MOTION for Preliminary Injunction by Plaintiff ConvergeOne, Inc. (Brown, Laura)
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Filing 34
SEALED MOTION for Leave to File Under Seal Plaintiff's Motion for Leave to File Portions of Memorandum in Support of Motion for Preliminary Injunction and Exhibits Thereto Under Seal by Plaintiff ConvergeOne, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit A -- Memo in Support of Plaintiff's Motion for Preliminary Injunction, #2 Exhibit B -- Excerpts from B. Hudson Deposition, #3 Exhibit C - Dep. Ex. 33 (Hudson Logicalis Job App), #4 Exhibit D -- Excerpts from L. Smith Deposition, #5 Exhibit E -- Dep. Ex. 9 (Smith Logical Job App), #6 Exhibit F -- Excerpts from M. Smalley's Deposition, #7 Exhibit G -- Dep. Ex. 21 (Smalley Logicalis Job App), #8 Exhibit H -- Excerpts from Logicalis Corp. Rep. Deposition, #9 Exhibit I -- Dep. Ex. 28 (Smalley Logicalis Offer Letter), #10 Exhibit J -- Dep. Ex. 47 (Jan. 25, 2022 Email with Employee Targets), #11 Exhibit K -- Dep. Ex. 10 (Smith Logicalis Offer Letter), #12 Exhibit L -- Dep. Ex. 34 (Hudson Logicalis Offer Letter), #13 Exhibit M -- Dep. Ex. 12 (Reminder Letter), #14 Exhibit N -- Dep. Ex. 17 ((Do Not Call List Email), #15 Exhibit O -- AEO Dep. Ex. 29 (Customer Email), #16 Exhibit P -- AEO Dep. 52 (Logicalis Account List), #17 Exhibit Q -- Dep. Ex. 40 (LinkedIn Chat), #18 Exhibit R -- Dep. Ex. 41 (Herren Email), #19 Exhibit S -- Dep. Ex. 42 (Opening of KTA Account), #20 Exhibit T -- AEO Dep. Ex. 15 (Smith/Hudson Emails)(Brown, Laura)
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Filing 33
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: DISCOVERY HEARING held on 6/6/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 32
ORDER granting in part and denying in part 31 Oral Motion to Compel. C1 shall provide Logicalis with customer list(s) by June 7, and Logicalis shall produce additional documents by June 20. Signed by Magistrate Judge Angel D. Mitchell on 6/6/2022. (mls)
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Filing 31
Oral Motion. During the discovery conference on June 6, 2022, plaintiff ConvergeOne, Inc. made an oral motion to compel defendant Logicalis, Inc. to produce certain documents. (referred to Magistrate Judge Angel D. Mitchell) (ht)
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Filing 30
ENTRY OF APPEARANCE by Ross T. Weimer on behalf of All Defendants (Weimer, Ross)
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Filing 29
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Discovery Hearing set for 6/6/2022 at 09:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749 ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. (ht)
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Filing 28
CERTIFICATE OF SERVICE of Responses to Plaintiff's First Interrogatories and Requests for Production by Ben Hudson, Logicalis, Inc., Mark Smalley, Lucas Smith. (Schuering, Emma)
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Filing 27
CERTIFICATE OF SERVICE of Responses to First Interrogatories and Request For Production of Documents by ConvergeOne, Inc.. (Rayl, Melody)
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Filing 26
ANSWER and Affirmative Defenses to Complaint by Ben Hudson, Logicalis, Inc., Mark Smalley, Lucas Smith. (Hanson, Meghan)
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Filing 25
NOTICE by Defendants Ben Hudson, Logicalis, Inc., Mark Smalley, Lucas Smith of taking deposition of ConvergeOne 30(b)(6) on May 26, 2022 (Schuering, Emma)
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Filing 24
NOTICE by Plaintiff ConvergeOne, Inc. of taking deposition of Logicals, Inc. on June 1 2022 (Brown, Laura)
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Filing 23
NOTICE by Plaintiff ConvergeOne, Inc. of taking deposition of Ben Hudson on June 1 2022 (Rayl, Melody)
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Filing 22
NOTICE by Plaintiff ConvergeOne, Inc. of taking deposition of Mark Smalley on May 31 2022 (Rayl, Melody)
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Filing 21
NOTICE by Plaintiff ConvergeOne, Inc. of taking deposition of Lucas Smith on May 31 2022 (Rayl, Melody)
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Filing 20
PROTECTIVE ORDER. Signed by Magistrate Judge Angel D. Mitchell on 5/17/2022. (mam)
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Filing 19
ORDER denying as moot and without prejudice #3 Motion for Temporary Restraining Order and Preliminary Injunction. The parties have agreed to a stipulated and expedited discovery schedule, which potentially includes the filing of a renewed motion. Accordingly, the original motion is denied as moot and without prejudice. Signed by District Judge Holly L. Teeter on 5/12/2022. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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Filing 18
CERTIFICATE OF SERVICE of Plaintiff's First Interrogatories and Requests for Production of Documents to Defendants by ConvergeOne, Inc.. (Brown, Laura)
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Filing 17
CERTIFICATE OF SERVICE of First Discovery to Plaintiff by Logicalis, Inc.. (Schuering, Emma)
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Filing 16
ORDER entering the parties stipulated and expedited discovery and briefing schedule. Defendants must file their respective responses, whether an answer or motion to dismiss, to Plaintiff's complaint on or before May 23, 2022. Plaintiff must file its renewed motion for preliminary injunction on or before June 7, 2022. Responses are due on or before June 17, 2022. Replies are due on or before June 27, 2022. An evidentiary hearing on the renewed motion for preliminary injunction is set for 7/7/2022 at 09:00 AM in KC Courtroom 463 (HLT) before District Judge Holly L. Teeter. See Order for additional deadlines. Signed by District Judge Holly L. Teeter on 5/11/2022.(md)
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Filing 15
SUMMONS RETURNED EXECUTED -- Personal Service by ConvergeOne, Inc. upon Mark Smalley served on 4/24/2022, answer due 5/16/2022 (Brown, Laura)
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Filing 14
SUMMONS RETURNED EXECUTED -- Personal Service by ConvergeOne, Inc. upon Lucas Smith served on 4/23/2022, answer due 5/16/2022 (Brown, Laura)
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Filing 13
SUMMONS RETURNED EXECUTED -- Personal Service by ConvergeOne, Inc. upon Logicalis, Inc. served on 4/22/2022, answer due 5/13/2022 (Brown, Laura)
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Filing 12
SUMMONS RETURNED EXECUTED -- Personal Service by ConvergeOne, Inc. upon Ben Hudson served on 4/22/2022, answer due 5/13/2022 (Brown, Laura)
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Filing 11
CORPORATE DISCLOSURE STATEMENT by Logicalis, Inc. identifying Datatec, Ltd. as corporate parent. (Schuering, Emma)
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Filing 10
NOTICE OF CANCELLED HEARING: Per email to the parties, the Status Conference set for 4/28/2022 is cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (md)
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Filing 9
ENTRY OF APPEARANCE by Meghan Hanson on behalf of All Defendants. (Hanson, Meghan)
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Filing 8
NOTICE of Telephonic Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING Status Conference is set for 4/28/2022 at 11:00 AM via CONFERENCE LINE 1-877-411-9748 ACCESS CODE 6895973 before District Judge Holly L. Teeter. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)(md)
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Filing 7
ENTRY OF APPEARANCE by Emma R. Schuering on behalf of All Defendants (Schuering, Emma)
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Filing 6
CORPORATE DISCLOSURE STATEMENT by ConvergeOne, Inc. identifying None as corporate parent . (Rayl, Melody)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #3 MOTION for Temporary Restraining Order and Preliminary Injunction. The motion will be resolved by the District Judge.(ht)
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Filing 5
ENTRY OF APPEARANCE by Melody Lorrain Rayl on behalf of ConvergeOne, Inc. (Rayl, Melody)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge Holly L. Teeter and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (lb)
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SUMMONS ISSUED as to Ben Hudson, Logicalis, Inc., Mark Smalley, Lucas Smith. (issued to Attorney for service) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry) (lb)
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Filing 4
MEMORANDUM IN SUPPORT of #3 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff ConvergeOne, Inc.(Brown, Laura)
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Filing 3
MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff ConvergeOne, Inc. (Attachments: #1 Exhibit Temporary Restraining Order Information Sheet)(Brown, Laura)
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Filing 2
CIVIL COVER SHEET by Plaintiff ConvergeOne, Inc.. (Brown, Laura)
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Filing 1
COMPLAINT with trial location of Kansas City ( Filing fee $402, Internet Payment Receipt Number AKSDC-5763595.), filed by ConvergeOne, Inc.. (Attachments: #1 Exhibit 1 -- Smalley Agreement, #2 Exhibit 2 -- Smith Agreement, #3 Exhibit 3 -- Hudson Agreement, #4 Exhibit 4 -- Hudson Cease and Desist Letter, #5 Exhibit 5 -- Logicalis - Hudson Notice Letter, #6 Exhibit 6 - smalley Cease and Desist Letter, #7 Exhibit 7 -- Logicalis - Smalley Notice Letter, #8 Exhibit 8 -- Smith Cease and Desist Letter)(Brown, Laura)
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