Nesco Resource LLC v. Reid et al
Plaintiff: Nesco Resource LLC
Defendant: Roxanne Reid and Superior Staffing Limited Liability Company
Case Number: 3:2020cv00768
Filed: November 13, 2020
Court: US District Court for the Western District of Kentucky
Presiding Judge: Regina S Edwards
Referring Judge: David J Hale
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1331
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 21, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 8, 2021 Filing 42 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM / Rule 12(b)(6) Motion to Dismiss Defendant Superior Staffing Limited Liability Company's Counterclaim by Plaintiff Nesco Resource LLC (Lydon, Angela)
January 8, 2021 Filing 41 RESPONSE to Motion re #20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Nesco Resource LLC. (Attachments: #1 Exhibit A - Declaration of Joanne Prewitt) (Lydon, Angela)
December 30, 2020 Opinion or Order Filing 40 TEXT ORDER by Magistrate Judge Regina S. Edwards on 12/30/2020. At the request of counsel, the Telephonic Status Conference set for 1/7/2021 is RESCHEDULED to 1/13/2021 at 9:30 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
December 30, 2020 Opinion or Order Filing 39 AGREED ORDER Signed by Magistrate Judge Regina S. Edwards on 12/29/2020 granting #38 Proposed Agreed Order. Plaintiff, Nesco Resource LLC, shall have through and including 1/8/2021 in which to serve its responses to Defendants' Motion #20 to Dismiss Plaintiff's Complaint and #22 the Counterclaims of Defendant, Superior Staffing, LLC cc: Counsel(JM)
December 22, 2020 Filing 38 Proposed Agreed Order For Extension to Time by Nesco Resource LLC. (Calabrese, Jeffrey)
December 17, 2020 Filing 37 EXHIBIT INVENTORY by D. Legg Court Reporter (re: Preliminary Injunction hearing held on 12/14/2020) (JM)
December 16, 2020 Opinion or Order Filing 36 TEXT ORDER by Magistrate Judge Regina S. Edwards on 12/16/2020. A Telephonic Status Conference is scheduled for 1/7/2021 at 10:00 AM before Magistrate Judge Regina S. Edwards. To participate in the conference, counsel shall use the following dial in information: 1-888-808-6929, Access Code 2887606. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel (AEH)
December 15, 2020 Filing 35 MEMORANDUM OF HEARING for proceedings held before Judge David J. Hale: A preliminary-injunction hearing was held in this matter on 12/14/2020. The Court heard testimony and argument on Plaintiff's motion and issued a preliminary injunction. (Court Reporter: Dena Legg.) cc: Counsel (DLW)
December 15, 2020 Filing 34 REPORT ON SETTLEMENT for proceedings held before Magistrate Judge Regina S. Edwards: The Court conducted ex parte calls with counsel regarding settlement, but the parties were unable to reach an agreement. Further conferences will be scheduled if so requested by the parties or upon further order of the Court. cc: Counsel (DLW)
December 14, 2020 Opinion or Order Filing 33 ORDER by Judge David J. Hale on 12/14/2020. In light of Preliminary Injunction, this matter is REFERRED to Magistrate Judge Regina S. Edwards for a status conference to discuss next steps. cc:counsel (KJA)
December 14, 2020 Filing 32 PRELIMINARY INJUNCTION signed by Judge David J. Hale on 12/14/2020. Granting #12 Motion for Preliminary Injunction; denying as moot #23 Motion to Dissolve the TRO. cc: Counsel(KJA)
December 11, 2020 Filing 31 SUPPLEMENT re #24 Response to Motion by Roxanne Reid, Superior Staffing Limited Liability Company. (Siegenthaler, Craig)
December 11, 2020 Filing 30 REPLY to Response to Motion re #23 MOTION to Vacate #15 Order on Motion for Extension of Temporary Restraining Order, #7 Order on Motion for TRO, Motion to Dissolve Temporary Restraining Order filed by Nesco Resource LLC. (Attachments: #1 Exhibit A - Declaration of R. Sinkhorn) (Calabrese, Jeffrey)
December 11, 2020 Filing 29 Witness List by Nesco Resource LLC. (Calabrese, Jeffrey)
December 11, 2020 Filing 28 Witness List by Roxanne Reid, Superior Staffing Limited Liability Company. (Siegenthaler, Craig)
December 11, 2020 Opinion or Order Filing 27 TEXT ORDER Signed by Judge David J. Hale on 12/11/2020 granting #18 Motion for Angela D. Lydon to Appear Pro Hac Vice ; granting #19 Motion for Christopher C. Koehler to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
December 7, 2020 Opinion or Order Filing 26 TEXT ORDER by Magistrate Judge Regina S. Edwards on 12/7/2020. The Court will conduct ex parte discussions with counsel for the purpose of exploring early resolution. The Court will reach out to counsel to schedule those discussions. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel (AEH)
December 7, 2020 Filing 25 MEMORANDUM OF CONFERENCE AND ORDER for proceedings held before Judge David J. Hale: Telephonic Status Conference held on 12/7/2020. This matter is REFERRED to U.S. Magistrate Regina S. Edwards for full pretrial/non-dispositive matters. This matter is set for a hearing on Plaintiff's #12 motion for preliminary injunction and #23 Defendants' motion to dissolve the temporary restraining order on 12/14/2020, at 1:30 p.m. by videoconference. No later than 12:00 p.m. Friday, 12/11/2020: (a) Each party shall file a list of witnesses whose testimony it intends to present at the hearing. (b) Plaintiff shall file its response to the motion to dissolve the TRO. (c) Defendants shall file any supplemental response to the motion for preliminary injunction. (Court Reporter: Dena Legg.) cc: Counsel, RSE-CM (DLW)
December 7, 2020 Filing 24 RESPONSE to Motion re #12 MOTION for Preliminary Injunction filed by Roxanne Reid, Superior Staffing Limited Liability Company. (Siegenthaler, Craig)
December 7, 2020 Filing 23 MOTION to Vacate #15 Order on Motion for Extension of Temporary Restraining Order, #7 Order on Motion for TRO, Motion to Dissolve Temporary Restraining Order by Defendants Roxanne Reid, Superior Staffing Limited Liability Company (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Reid Affidavit, #3 Proposed Order) (Siegenthaler, Craig)
December 7, 2020 Filing 22 COUNTERCLAIM against Nesco Resource LLC, filed by Roxanne Reid, Superior Staffing Limited Liability Company. (Siegenthaler, Craig)
December 7, 2020 Filing 21 ANSWER to #1 Complaint, by Roxanne Reid, Superior Staffing Limited Liability Company. (Siegenthaler, Craig)
December 7, 2020 Filing 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction by Defendants Roxanne Reid, Superior Staffing Limited Liability Company (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Reid Affidavit, #3 Proposed Order) (Siegenthaler, Craig)
December 4, 2020 Filing 19 MOTION for Christopher C. Koehler to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3239175. by Plaintiff Nesco Resource LLC (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Miles, Amy)
December 4, 2020 Filing 18 MOTION for Angela D. Lydon to Appear Pro Hac Vice Filing fee $ 125, receipt number 0644-3239169. by Plaintiff Nesco Resource LLC (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Miles, Amy)
December 2, 2020 Filing 17 ATTORNEY NOTICE of Deficiency to Christopher C. Koehler re #12 Motion for Preliminary Injunction.Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 12/16/2020. (KJA)
December 2, 2020 Filing 16 ATTORNEY NOTICE of Deficiency to Angela D. Lydon re #12 Motion for Preliminary Injunction. Reason for Deficiency: motion to appear pro hac vice not filed. Failure to comply will be brought to the attention of the Court. Response due by 12/16/2020. (KJA)
December 2, 2020 Opinion or Order Filing 15 ORDER Signed by Judge David J. Hale on 12/2/2020 - The motion for extension (D.N. #11 ) is GRANTED. The temporary restraining order is EXTENDED fourteen (14) days from November 30, 2020, to December 14, 2020. Telephonic Status Conference set for 12/7/2020 at 10:30 a.m. before Judge David J. Hale. The Court anticipates setting a hearing on the motion for preliminary injunction at that time. Counsel shall connect to the telephonic status conference by dialing the toll-free number 1-877-402-9753 and entering access code 9073187#. Counsel are DIRECTED to confer in advance of the call regarding a litigation and hearing schedule. (KD)
December 2, 2020 Filing 14 NOTICE of Appearance by Craig P. Siegenthaler on behalf of Roxanne Reid, Superior Staffing Limited Liability Company (Siegenthaler, Craig)
November 30, 2020 Filing 13 Receipt of Non-Electronic Document re #12 MOTION for Preliminary Injunction filed by Nesco Resource LLC. (KD)
November 30, 2020 Filing 12 MOTION for Preliminary Injunction by Plaintiff Nesco Resource LLC (Attachments: #1 Exhibit A - Ritchey Declaration, #2 Exhibit B - Prewitt Declaration, #3 Proposed Order) (Calabrese, Jeffrey)
November 30, 2020 Filing 11 MOTION re #7 Order on Motion for TRO, FOR EXTENSION OF TEMPORARY RESTRAINING ORDER by Plaintiff Nesco Resource LLC (Attachments: #1 Proposed Order) (Calabrese, Jeffrey)
November 18, 2020 Filing 10 NOTICE of Filing of Posting Security by Nesco Resource LLC re #7 Order on Motion for TRO, (Calabrese, Jeffrey)
November 17, 2020 Filing 9 SUMMONS Returned Executed by Nesco Resource LLC. Superior Staffing Limited Liability Company served on 11/17/2020, answer due 12/8/2020. (Calabrese, Jeffrey)
November 17, 2020 Filing 8 SUMMONS Returned Executed by Nesco Resource LLC. Roxanne Reid served on 11/17/2020, answer due 12/8/2020. (Calabrese, Jeffrey)
November 16, 2020 Opinion or Order Filing 7 TEMPORARY RESTRAINING ORDER Signed by Judge David J. Hale on 11/16/2020 - Plaintiff's Motion for Temporary Restraining Order (Docket No. #4 ) is GRANTED. IT IS FURTHER ORDERED that Plaintiff post a bond in the amount of $10,000.00. Pursuant to Federal Rule of Civil Procedure 65(b)(2), this Order will expire within fourteen (14) days of entry unless extended for good cause or by agreement of the parties. (KD)
November 16, 2020 Filing 6 Summonses Issued as to Roxanne Reid and Superior Staffing Limited Liability Company. Counsel for Plaintiff is responsible for printing and serving the attached issued summonses. (Attachments: #1 Summons) (KD)
November 16, 2020 Filing 5 NOTICE OF FILING OF SUMMONSES by Nesco Resource LLC re #1 Complaint,, (Attachments: #1 Summons Defendant Reid, #2 Summons Defendant Superior Staffing) (Calabrese, Jeffrey)
November 13, 2020 Filing 4 MOTION for Temporary Restraining Order and Memorandum in Support by Plaintiff Nesco Resource LLC (Attachments: #1 Proposed Order) (DJT)
November 13, 2020 Filing 3 Corporate Disclosure Statement by Nesco Resource LLC. (DJT)
November 13, 2020 Filing 2 Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (DJT)
November 13, 2020 Filing 1 COMPLAINT FOR TEMPORARY RESTRAINING ORDER, PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF, AND DAMAGES against Roxanne Reid, Superior Staffing Limited Liability Company Filing fee $ 400, receipt number 0644-3226732., filed by Nesco Resource LLC. (Attachments: #1 Cover Sheet, #2 Exhibit A - Staff Employment Agmt, #3 Exhibit B - Articles of Organization, #4 Exhibit C - Superior Staffings Website, #5 Exhibit D - Cease & Desist Ltr, #6 Exhibit E - Follow up Ltr. to Cease & Desist Ltr) (DJT)

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Plaintiff: Nesco Resource LLC
Represented By: Amy L. Miles
Represented By: Jeffrey Calabrese
Represented By: Christopher C. Koehler
Represented By: Angela D. Lydon
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Defendant: Roxanne Reid
Represented By: Craig P. Siegenthaler
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Defendant: Superior Staffing Limited Liability Company
Represented By: Craig P. Siegenthaler
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