Henry Industries, Inc. v. Hill et al
| Henry Industries, Inc. |
| Bradley Hill, Jacob Bland, Phillip Balano and Nicholas Cicero |
| 6:2023cv01113 |
| June 1, 2023 |
| US District Court for the District of Kansas |
| John W Broomes |
| Angel D Mitchell |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Defendant |
Docket Report
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This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
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Filing 46
TRANSCRIPT of Other Hearing held September 12, 2023 before Judge John W. Broomes, Court Reporter Jana McKinney, 316-315-4268, jana_mckinney@ksd.uscourts.gov. Transcript purchased by: Ms. Emma Schuering. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ksd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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 from the court reporter or through PACER. Release of Transcript Restriction set for 12/18/2023. (jlm)
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Filing 45
MINUTE ENTRY for proceedings held before District Judge John W. Broomes: MOTION HEARING held on 9/12/2023 re #32 MOTION for Temporary Restraining Order filed by Henry Industries, Inc.. Motion DENIED for reasons stated on the record. WITNESSES: BRECK NICKELL, BRENT HENRY, MATTHEW PIERCE, NICHOLAS CICERO, KELLI STONE, JACOB BLAND (By Depo), BRAD HILL (By Depo). (Court Reporter Jana McKinney.) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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Filing 44
REPLY TO RESPONSE TO MOTION by Plaintiff Henry Industries, Inc. re: #32 Motion for Temporary Restraining Order. (Attachments: #1 Exhibit A - Deposition of Jacob Bland)(kas)
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Filing 43
(DISREGARD - REFILED AS #44 FOR ADMINISTRATIVE PURPOSES) MEMORANDUM IN SUPPORT of #32 MOTION for Temporary Restraining Order by Plaintiff Henry Industries, Inc. (Attachments: #1 Exhibit A - Deposition of Jacob Bland)(Russell, Kyle) Modified on 9/12/2023 (kas).
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Filing 42
CERTIFICATE OF SERVICE of Defendants First Discovery to Plaintiff by Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill. (Schuering, Emma)
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Filing 41
ORDER granting #40 Unopposed MOTION for Extension of Time to File Reply as to #32 MOTION for Temporary Restraining Order . Reply deadline 9/11/2023. Entered by District Judge John W. Broomes on 09/06/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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MOTION REFERRAL to Magistrate Judge REMOVED as to: #40 Unopposed MOTION for Extension of Time to File Reply as to #32 MOTION for Temporary Restraining Order . The motion will be resolved by the District Judge.(ht)
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Filing 40
Unopposed MOTION for Extension of Time to File Reply as to #32 MOTION for Temporary Restraining Order by Plaintiff Henry Industries, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Ertz, Timothy)
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Filing 39
REPLY TO RESPONSE TO MOTION by Plaintiff Henry Industries, Inc. re: #25 Motion to Amend Complaint (Ertz, Timothy)
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Filing 38
NOTICE by Defendants Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill of taking deposition of Matthew Pierce on September 7, 2023 (Schuering, Emma)
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Filing 37
NOTICE by Plaintiff Henry Industries, Inc. of taking deposition of JACOB BLAND on SEPTEMBER 5, 2023 (Russell, Kyle)
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Filing 36
NOTICE by Plaintiff Henry Industries, Inc. of taking deposition of BRADLEY HILL on SEPTEMBER 5, 2023 (Russell, Kyle)
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Filing 35
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #32 MOTION for Temporary Restraining Order : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing RESET for 9/12/2023 at 01:30 PM in Wichita Courtroom 238 (JWB) before District Judge John W. Broomes. (jmr)
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Filing 34
MEMORANDUM IN OPPOSITION by Defendants Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill re #32 MOTION for Temporary Restraining Order (Attachments: #1 Exhibit List, #2 Exhibit A - Cicero Dec, #3 Exhibit B - Bland Dec, #4 Exhibit C - Hill Dec, #5 Exhibit D - Balano Dec)(Schuering, Emma)
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Filing 33
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING #32 MOTION for Temporary Restraining Order : (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 8/28/2023 at 09:00 AM in Wichita Courtroom 238 (JWB) before District Judge John W. Broomes. (jmr)
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Filing 32
MOTION for Temporary Restraining Order by Plaintiff Henry Industries, Inc. (Russell, Kyle)
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Filing 31
SCHEDULING ORDER: SEE ORDER FOR DETAILS. Discovery deadline 1/26/2024. Proposed Pretrial Order due by 2/13/2024. Final Pretrial Conference set for 2/23/2024 at 10:00 AM by telephone before Magistrate Judge Angel D. Mitchell. Participants shall dial into the conference call at 888-363-4749, enter access code 3977627, and follow the prompts to join the call. Dispositive motion deadline 3/22/2024. The estimated jury trial time is 5 days. The Court will subsequently set this case for trial. Signed by Magistrate Judge Angel D. Mitchell on 8/23/23. (ala)
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Filing 30
MINUTE ENTRY for proceedings held before Magistrate Judge Angel D. Mitchell: SCHEDULING CONFERENCE held on 8/23/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ala)
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Filing 29
ENTRY OF APPEARANCE by Timothy R. Ertz on behalf of Henry Industries, Inc. (Ertz, Timothy)
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Filing 28
MEMORANDUM IN OPPOSITION by Defendants Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill re #25 MOTION to Amend Complaint re #1 Notice of Removal, (Attachments: #1 Exhibit A - Redline of Complaint and Amended Complaint)(Schuering, Emma)
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Filing 27
CERTIFICATE OF SERVICE of Defendants' Rule 26(a)(1) Initial Disclosures by Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill. (Schuering, Emma)
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Filing 26
CERTIFICATE OF SERVICE of Plaintiff Henry Industries, Inc.'s Rule 26(a)(1) Initial Disclosures by Henry Industries, Inc.. (Russell, Kyle)
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Filing 25
MOTION to Amend Complaint re #1 Notice of Removal, by Plaintiff Henry Industries, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Attachments: #1 Exhibit A)(Russell, Kyle)
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Filing 24
ORDER granting 23 Joint Motion Requesting the Entry of a Protective Order. With minor, non-substantive revisions, the court enters the proposed order submitted by the parties. Signed by Magistrate Judge Angel D. Mitchell on 7/26/2023. (bal)
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Filing 23
Joint Motion Requesting the Entry of a Protective Order. In accordance with the Guidelines for Agreed Protective Orders, the parties jointly moved for the entry of a protective order by emailing a copy of their proposed order to the Magistrate Judge's chambers on July 19, 2023. (referred to Magistrate Judge Angel D. Mitchell) (ht)
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Filing 22
ANSWER to #18 Answer to Complaint,, Counterclaim, to Defendant Bradley Hill's Counterclaim by Henry Industries, Inc..(Russell, Kyle)
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Filing 21
ORDER granting #20 Plaintiff Henry Industries, Inc.'s Unopposed Motion for an Extension of Time to File its Response to Defendant Bradley Hill's Counterclaim. Plaintiff shall have until July 19, 2023, to respond to Hill's counterclaim. Signed by Magistrate Judge Angel D. Mitchell on 7/13/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (ht)
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Filing 20
Unopposed MOTION for extension of time to file its response to Defendant Bradley Hill's Counterclaim by Plaintiff Henry Industries, Inc., Counter Defendant Henry Industries, Inc. (referred to Magistrate Judge Angel D. Mitchell) (Russell, Kyle) Modified motion event on 7/13/2023 (msb).
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Filing 19
INITIAL ORDER REGARDING PLANNING AND SCHEDULING: Scheduling Conference set for 8/23/2023 at 10:00 AM in Telephone ADM - CONFERENCE LINE 1-888-363-4749; ACCESS CODE 3977627 before Magistrate Judge Angel D. Mitchell. Rule 26 Planning Conference Deadline 8/2/2023. Rule 26 Initial Disclosures Deadline set for 8/11/2023. Proposed Scheduling Order Deadline 8/11/2023. Signed by Magistrate Judge Angel D. Mitchell on 6/28/2023. (ht)
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Filing 18
ANSWER to Complaint by Phillip Balano, Jacob Bland, Bradley Hill, Nicholas Cicero AND COUNTERCLAIM against Henry Industries, Inc. by Bradley Hill. (Attachments: #1 Exhibit A) (Bartels, Todd) Modified on 6/22/2023 to remove Phillip Balano, Jacob Bland and Nicholas Cicero as parties to the counterclaim. (mam)
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Filing 17
DEMAND FOR TRIAL BY JURY by Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill. (Hanson, Meghan)
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Filing 16
CONSENT TEMPORARY RESTRAINING ORDER granting #13 Joint Motion for Entry of Consent Temporary Restraining Order. Signed by District Judge John W. Broomes on 6/14/2023. (mam)
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Filing 15
ORDER finding as moot 6 Motion for TRO and Motion for Preliminary Injunction. Entered by District Judge John W. Broomes on 06/14/2023. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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Filing 14
NOTICE OF CANCELLED HEARING: Motion for Temporary Restraining Order June 14, 2023 cancelled. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jmr)
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Filing 13
Joint MOTION for Temporary Restraining Order by Plaintiff Henry Industries, Inc. (Attachments: #1 Exhibit 1 - Consent Temporary Restraining Order)(Russell, Kyle)
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Filing 12
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING re 6 Motion for Temporary Restraining Order and Preliminary Injunction: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) At request of counsel, Motion Hearing RESET for 6/14/2023 at 01:30 PM in Wichita Courtroom 238 (JWB) before District Judge John W. Broomes. (jmr)
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Filing 11
RESPONSE by Defendants Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill re 6 Motion for Temporary Restraining Order and Preliminary Injunction. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Bartels, Todd)
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Filing 10
ENTRY OF APPEARANCE by Todd H. Bartels on behalf of All Defendants. (Bartels, Todd)
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Filing 9
NOTICE of Hearing: THIS IS AN OFFICIAL NOTICE FOR THIS HEARING re 6 Motion for Temporary Restraining Order and Preliminary Injunction: (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) Motion Hearing set for 6/7/2023 at 02:00 PM in Wichita Courtroom 238 (JWB) before District Judge John W. Broomes. (jmr)
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Filing 8
ENTRY OF APPEARANCE by Isaac T. Caverly on behalf of All Defendants. (Caverly, Isaac)
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Filing 5
DESIGNATION OF PLACE OF TRIAL filed by Defendants Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill - trial to be held in Kansas City. (Hanson, Meghan)
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Filing 7
MEMORANDUM IN SUPPORT of 6 Motion for Temporary Restraining Order and Preliminary Injunction by Plaintiff Henry Industries, Inc. (FILED IN SEDGWICK COUNTY DISTRICT COURT ON 05/26/2023; See Doc #1 for pleading). (mls)
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Filing 6
MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff Henry Industries, Inc. (FILED IN SEDGWICK COUNTY DISTRICT COURT ON 05/26/2023; See Doc #1 for pleading). (mls).
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Filing 4
NOTICE OF SERVICE by Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill of Notices to State Court and Plaintiff of Removal. (Attachments: #1 Exhibit A - Notice to State Court of Removal with Exhibit 1, #2 Exhibit B - Notice to Plaintiff of Removal with Exhibit 1) (Hanson, Meghan)
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Filing 3
CORPORATE DISCLOSURE STATEMENT by Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill identifying none as corporate parent. (Hanson, Meghan)
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Filing 2
CIVIL COVER SHEET by Defendants Phillip Balano, Jacob Bland, Nicholas Cicero, Bradley Hill. (Hanson, Meghan)
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Filing 1
NOTICE OF REMOVAL from the District Court of Sedgwick County, Kansas, Case Number 2023-CV-000962-CE, trial location of Wichita (Filing fee $402, Internet Payment Receipt Number AKSDC-6074293.), filed by Phillip Balano, Jacob Bland, Bradley Hill, Nicholas Cicero. (Attachments: #1 Exhibit A - File- Sedgwick County) (Hanson, Meghan)
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NOTICE OF JUDGE ASSIGNMENT: Case assigned to District Judge John W. Broomes and Magistrate Judge Angel D. Mitchell for all proceedings. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) NOTICE OF MAGISTRATE JUDGE AVAILABILITY: A United States magistrate judge is available to conduct all proceedings in this civil action if all parties voluntarily consent. Information & consent forms are available at http://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge (jsh)
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NOTICE OF DEFICIENCY - Designation of place of trial is missing. The filing party/attorney is directed to correct the deficiency immediately. (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (jsh)
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