Material Handling Systems, Inc. et al v. Cabrera et al
| Material Handling Systems, Inc. and MHS Holdings, Inc. |
| Efrain Figueroa Cabrera and Precise Install Solutions, LLC |
| 3:2021cv00463 |
| July 15, 2021 |
| US District Court for the Western District of Kentucky |
| Benjamin Beaton |
| Regina S Edwards |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.
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Filing 36
NOTICE of Appearance by Peter M. Cummins on behalf of Efrain Figueroa Cabrera, Precise Install Solutions, LLC (Cummins, Peter)
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Schedules: Removed the PI hearing set for 9/15/2021. (JM)
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Filing 35
Text Order: The Court held an in-person hearing on August 19, 2021 in Louisville. The Court granted Plaintiff's unopposed motions DN #20 and DN #33 . The Court defers ruling on DN #19 in light of the parties' consent agreement to maintain the terms of the Court's prior temporary restraining order (DN #10 ) until a Preliminary Injunction hearing on September 24, 2021 at 1:30pm ET. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel(Beilman, Anna)
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Schedules: In-person oral argument set for 9/24/2021 at 1:30 PM in Louisville Courtroom before Judge Beaton. (Beilman, Anna)
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Proceedings held before Judge Beaton: In-person oral argument held on 8/19/2021. (Court Reporter: Becky Boyd.)(TIC: 33min) (JM)
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Filing 34
SEALED DOCUMENT re #33 MOTION for Leave to Seal Document by Plaintiffs MHS Holdings, Inc., Material Handling Systems, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Weis, Rebecca) Modified on 8/18/2021- changed docket text from "SEALED MOTION" to "SEALED DOCUMENT." (JM).
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Filing 33
MOTION for Leave to Seal Document by Plaintiffs MHS Holdings, Inc., Material Handling Systems, Inc. (Attachments: #1 Exhibit 1 - Confidentiality Agreement, #2 Proposed Order) (Weis, Rebecca)
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Filing 32
RESPONSE to Motion re #21 MOTION to Dismiss for Lack of Jurisdiction filed by MHS Holdings, Inc., Material Handling Systems, Inc.. (Weis, Rebecca)
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Filing 31
ORDER Proceedings held before Magistrate Judge Regina S. Edwards: Telephonic Status Conference held on 8/12/2021. Plaintiffs' Emergency Motion to Compel (DN #28 ) is DENIED as moot. Defendants shall produce the documents and information at issue by close of business on August 13, 2021. cc: counsel (JM)
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Filing 30
TEXT ORDER by Magistrate Judge Regina S. Edwards on 8/10/2021. On the Court's motion, a Telephonic Conference is scheduled for 8/12/2021 at 1:30 PM 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)
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Filing 29
RESPONSE in Opposition re #16 Defendants' Position Statement and in support of Plaintiff's position regarding the setting of a bond filed by MHS Holdings, Inc., Material Handling Systems, Inc.. (Weis, Rebecca) Modified text on 8/9/2021 (JM).
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Filing 28
Emergency MOTION to Compel Defendants to Provide Complete Responses by Plaintiffs MHS Holdings, Inc., Material Handling Systems, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Exhibit Exhibit 3, #6 Exhibit Exhibit 4, #7 Exhibit Exhibit 5, #8 Exhibit Exhibit 6, #9 Exhibit Exhibit 7, #10 Exhibit Exhibit 8, #11 Exhibit Exhibit 9, #12 Exhibit Exhibit 10, #13 Exhibit Exhibit 11, #14 Exhibit Exhibit 12, #15 Exhibit Exhibit 13, #16 Exhibit Exhibit 14, #17 Exhibit Exhibit 15) (Weis, Rebecca)
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Filing 27
Notice of Filing Official Transcript re #26 Transcript - Court Official,,. Please review the complete Notice for instructions. (Boyd, Rebecca)
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Filing 26
FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference held on July 22, 2021, before Judge Benjamin J. Beaton. Court Reporter Rebecca S. Boyd, Telephone number (502) 625-3777. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/30/2021. Redacted Transcript Deadline set for 9/7/2021. Release of Transcript Restriction set for 11/5/2021. (Boyd, Rebecca)
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Filing 25
Notice of Filing Official Transcript re #24 Transcript - Court Official. Please review the complete Notice for instructions. (TT)
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Filing 24
FILING OF OFFICIAL TRANSCRIPT of Telephonic Hearing held on 7/29/2021, before Judge Benjamin Beaton. Court Reporter Terri Turner, Telephone number 270-415-6417. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/27/2021. Redacted Transcript Deadline set for 9/7/2021. Release of Transcript Restriction set for 11/4/2021. (TT)
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Filing 23
ORDER for proceedings held before Magistrate Judge Regina S. Edwards: Telephone Conference held on 8/5/2021. Denying #12 Joint Motion for Protective Order. cc:counsel (KJA)
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Filing 22
Order by Judge Beaton: For good cause, the Court extends the current TRO set to expire on August 5, 2021 until August 19, 2021. The parties may file responses to DNs 19 and 21 on or before August 12, 2021 and may file replies on or before August 17, 2021. The Court schedules an in-person hearing on August 19, 2021 at 2:00pm ET in Louisville. cc:counsel (KJA)
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Filing 21
MOTION to Dismiss for Lack of Jurisdiction by Defendants Efrain Figueroa Cabrera, Precise Install Solutions, LLC (Attachments: #1 Memorandum in Support Defendants' Motion to Dismiss, #2 Proposed Order) (Graham, Courtney)
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Filing 20
MOTION for Leave to File Excess Pages by Plaintiffs MHS Holdings, Inc., Material Handling Systems, Inc. (Attachments: #1 Proposed Order Proposed Order on Motion for Leave to Exceed Page Limit) (Weis, Rebecca)
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Filing 19
Emergency MOTION for Temporary Restraining Order to Extent TRO and for a Status Conference by Plaintiffs MHS Holdings, Inc., Material Handling Systems, Inc. (Attachments: #1 Affidavit Declaration of Ronald Buckley, #2 Affidavit Declaration of Shane Clifton, #3 Affidavit Declaration of Eric Kierstead, #4 Affidavit Declaration of Keli Taylor, #5 Affidavit Declaration of Pei Zhang, #6 Exhibit Emails Re Identification of Defendants' Employees, #7 Proposed Order Proposed Order Extending TRO) (Weis, Rebecca)
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Filing 18
TEXT ORDER by Magistrate Judge Regina S. Edwards on 8/2/2021. On the Court's motion, a Telephonic Conference is scheduled for 8/5/2021 at 12:30 PM 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)
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Filing 17
Text Order by Judge Beaton: As indicated in the Court's prior order entering a temporary restraining order (DN #10 ), the Court on 7/29/21 held a telephonic hearing concerning the scope and duration of the injunction as well as Defendants' request that Plaintiffs post a bond. The Court GRANTS Defendants' unopposed oral motion to extend the deadline for a responsive pleading to 8/4/21, REFERS the parties' motion for a protective order (DN #12 ) to Judge Edwards for a telephonic hearing, and DEFERS ruling on the question of a reasonable bond amount until after the Court reviews supplemental filings that the parties indicated would be forthcoming. Plaintiffs' response, if any, to Defendants' responsive pleading is due on 8/11/21. (Court Reporter: Terri Turner.)(TIC: 56min) This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM)
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Filing 16
NOTICE Defendants' Position Statement on Bond and TRO by Efrain Figueroa Cabrera, Precise Install Solutions, LLC re #10 Order on Motion for TRO,, (Graham, Courtney)
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Filing 15
Joint STATUS REPORT (Attachments: #1 Exhibit) by Material Handling Systems, Inc.. (Weis, Rebecca)
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Filing 14
BRIEF REGARDING AUTHORITY AND ARGUMENTS CONCERNING SECURITY AND CONTINUING NEED FOR TRO re #10 Order on Motion for TRO,, by MHS Holdings, Inc., Material Handling Systems, Inc.. (Weis, Rebecca)
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Filing 13
NOTICE of Filing Affidavit by Efrain Figueroa Cabrera re #10 Order on Motion for TRO,, (Attachments: #1 Exhibit Affidavit of Efrain Figueroa Cabrera) (Graham, Courtney)
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Filing 12
Joint MOTION for Protective Order by Plaintiffs MHS Holdings, Inc., Material Handling Systems, Inc. (Attachments: #1 Proposed Order Confidentiality and Protective Order) (Weis, Rebecca)
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Filing 11
TEXT ORDER. The Court has received email communications from both sides regarding deadlines and relief requests in this case. Sending emails that copy opposing counsel may be used to relay ministerial information, but should be used to convey substantive material only as a last resort. The Court respectfully asks the parties to use ECF for any such requests or notifications going forward. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 10
ORDER by Judge Beaton on 7/23/2021. The Court GRANTS the Plaintiffs' motion for temporary restraining order (DN #6 ) and sets a schedule for discovery, briefing, and in-person argument on the preliminary injunction. The Court acknowledges the Plaintiffs withdrawal of their motion to preserve evidence (DN #6 ). The temporary restraining order shall remain in effect until August 5, 2021 unless a further order of the Court dissolves or extends it. The Court sets a telephonic status conference for July 29, 2021 at 2:00 p.m. Eastern before Judge Beaton. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. (JM).
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Proceedings held before Judge Benjamin Beaton: Status Conference held on 7/22/2021. (Court Reporter: Becky Boyd.) (JM)
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Filing 9
Corporate Disclosure Statement by MHS Holdings, Inc.. (Weis, Rebecca)
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Filing 8
Corporate Disclosure Statement identifying Corporate Parent MHS Holdings, Inc. for Material Handling Systems, Inc.. by Material Handling Systems, Inc.. (Weis, Rebecca)
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Filing 7
TEXT ORDER: Judge Beaton would like to schedule a telephonic status conference for 7/22/2021 at 2:00 p.m. Eastern. Counsel may connect by dialing 888-363-4734 and entering access code 4268238. Should counsel need to reschedule due to a conflict, please contact opposing counsel and propose at least two mutually convenient alternative windows by contacting chambers at judge_Beaton_Chambers@kywd.uscourts.gov. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: counsel (JM)
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Filing 6
MOTION for Temporary Restraining Order and to Preserve Evidence, and Motion for status conference to set an expedited scheduling order by Plaintiffs (Attachments: #1 Proposed Order) (Weis, Rebecca) Modified text/filers on 7/19/2021. (JM).
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Filing 5
TEXT ORDER: Under 28 U.S.C. 636(b)(1)(A), the Court REFERS this matter to U.S. Magistrate Judge Regina S. Edwards for hearing and determining all pretrial matters, including non-dispositive motions. Judge Edwards may conduct a settlement conference in this matter at any time. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: counsel (JM)
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Filing 4
CLERK'S NOTICE re #1 Notice of Removal. cc: Counsel of Record, Jefferson Circuit Court (MNM)
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Filing 3
Corporate Disclosure Statement by Precise Install Solutions, LLC. (MNM)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Judge Benjamin Beaton. (MNM)
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Filing 1
NOTICE OF REMOVAL by Efrain Figueroa Cabrera and Precise Install Solutions, LLC from Jefferson Circuit Court, case number 21-CI-003941 (filing fee $402, receipt number 0644-3381835). (Attachments: #1 Exhibit A - State Complaint, #2 Exhibit B - Remainder of State Court File, #3 Cover Sheet) (MNM)
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