National Fish & Seafood, Inc. v. Kathleen A. Scanlon et al
| National Fish & Seafood, Inc. |
| Tampa Bay Fisheries, Inc., John Doe, Kathleen A Scanlon, Mark Pandolfo, Mark Marsh and Robert Paterson |
| 1:2018cv11515 |
| July 20, 2018 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Essex |
| Leo T Sorokin |
| Other Statutory Actions |
| 18 U.S.C. § 1836 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 5, 2018. A more recent docket listing may be available from PACER.
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| Filing 50 Set Hearings: Jury Trial is set to commence on 11/26/2018 at 09:00 AM in Courtroom 13 before District Judge Leo T. Sorokin. (Montes, Mariliz) |
| Filing 49 Set Deadlines: Plaintiff's Supplemental filing due by 10/9/2018; Defendants' Response due by 10/15/2018. (Montes, Mariliz) |
| Filing 48 District Judge Leo T. Sorokin: ORDER ON #4 MOTION OF PRELIMINARY INJUNCTION entered. the Court preliminarily ENJOINS Defendant Scanlon from: (1) viewing or otherwise using any of the National Fish documents that were copied from National Fish computer systems; (2) using the information contained within the recipes and cost information documents that were copied from National Fish computer systems, whether or not such use involves viewing or otherwise using the copied documents; and (3) beginning employment at Tampa Bay. The Court also temporarily ENJOINS Tampa Bay and individual Defendants from viewing or otherwise using any National Fish documents copied by Scanlon, to the extent, if at all, that they possess or have access to any such document. (Montes, Mariliz) |
| Filing 47 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 9/13/2018; Plaintiffs counsel call its first, second and third witnesses, witnesses sworn, examined and step down. Counsel make oral arguments to the court. The court will take the motion under advisement. re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing filed by National Fish & Seafood, Inc.. (Court Reporter: Rachel Lopez at raeufp@gmail.com.) (Simeone, Maria) |
| Filing 46 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #45 Defendants' Assented-To Motion for Extension of Time to Answer #26 Amended Complaint. Defendants, Robert Paterson, Mark Marsh, Mark Pandolfo, Kathleen A Scanlon and Tampa Bay Fisheries, Inc. answer due by 10/10/2018. (Montes, Mariliz) |
| Filing 45 Assented to MOTION for Extension of Time to October 10, 2018 to File Answer to the Amended Complaint by Robert Paterson, Mark Pandolfo, Kathleen A Scanlon, Tampa Bay Fisheries, Inc..(Gershenson, Adam) |
| Filing 44 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 43 Transcript of Motion Hearing held on July 23, 2018, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Rachel Lopez at raeufp@gmail.com Redaction Request due 10/1/2018. Redacted Transcript Deadline set for 10/11/2018. Release of Transcript Restriction set for 12/10/2018. (Scalfani, Deborah) |
| Filing 42 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #39 Defendant, Tampa Bay Fisheries, Inc.'s Assented-To Motion to File Under Seal Exhibits A, E, F and H to Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. (Montes, Mariliz) |
| Filing 41 First MEMORANDUM in Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing filed by Kathleen A Scanlon. (Attachments: #1 Affidavit, #2 Exhibit)(Deragon, Beth) |
| Filing 40 Opposition re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing filed by Tampa Bay Fisheries, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Gershenson, Adam) (Additional attachment(s) added on 9/10/2018: #7 Exhibit A to the Declaration of Elizabeth Trafton filed under seal, #8 Exhibit E to Declaration of Elizabeth Trafton filed under seal, #9 Exhibit F to Declaration of Elizabeth Trafton filed under seal, #10 Exhibit G to Declaration of Elizabeth Trafton filed under seal, #11 Exhibit H to Declaration of Elizabeth Trafton filed under seal) (Montes, Mariliz). |
| Filing 39 Assented to MOTION to Seal by Tampa Bay Fisheries, Inc..(Gershenson, Adam) |
| Filing 38 SUMMONS Returned Executed Mark Marsh served on 9/5/2018, answer due 9/26/2018. (Dillman, Brandon) |
| Filing 37 SUMMONS Returned Executed Mark Pandolfo served on 8/23/2018, answer due 9/13/2018. (Dillman, Brandon) |
| Filing 36 SUMMONS Returned Executed Robert Paterson served on 9/5/2018, answer due 9/26/2018. (Dillman, Brandon) |
| Filing 34 Supplemental MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing filed by National Fish & Seafood, Inc.. (Attachments: #1 Declaration of Michael Mello, #2 Declaration of Christine Oropeza, #3 Declaration of Brandon R. Dillman)(Centurelli, Christopher) |
| Filing 33 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #32 Motion to impound exhibits ; granting #31 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Simeone, Maria) |
| Filing 32 Assented to MOTION to Impound Exhibits Attached to Declarations re #31 Assented to MOTION for Leave to File Supplemental Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction by National Fish & Seafood, Inc..(Centurelli, Christopher) |
| Filing 31 Assented to MOTION for Leave to File Supplemental Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction by National Fish & Seafood, Inc.. (Attachments: #1 Supplemental Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction, #2 Declaration of Michael Mello, #3 Declaration of Christine Oropeza, #4 Declaration of Brandon R. Dillman)(Centurelli, Christopher) |
| Filing 30 NOTICE of Appearance by Michael R. Creta on behalf of National Fish & Seafood, Inc. (Creta, Michael) |
| Filing 29 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #28 Joint Motion for Entry of a Protective Order. (Montes, Mariliz) |
| Filing 28 Joint MOTION for Protective Order and Confidentiality Stipulation by National Fish & Seafood, Inc.. (Attachments: #1 Exhibit 1)(Centurelli, Christopher) |
| Filing 27 Summons Issued as to Robert Paterson, Mark Marsh, Mark Pandolfo. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Montes, Mariliz) |
| Filing 26 AMENDED COMPLAINT VERIFIED against John Doe, Tampa Bay Fisheries, Inc., Kathleen A Scanlon, Robert Paterson, Mark Pandolfo, Mark Marsh, filed by National Fish & Seafood, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Centurelli, Christopher) |
| Filing 25 SUMMONS Returned Executed Tampa Bay Fisheries, Inc. served on 8/20/2018, answer due 9/10/2018. (Dillman, Brandon) |
| Filing 24 SUMMONS Returned Executed Kathleen A Scanlon served on 8/20/2018, answer due 9/10/2018. (Dillman, Brandon) |
| Filing 23 ELECTRONIC NOTICE Resetting Hearing on Motion: The Motion Hearing/ Evidentiary Hearing on #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing is reset to 9/12/2018 at 09:30 AM in Courtroom 13 before District Judge Leo T. Sorokin. (Montes, Mariliz) |
| Filing 22 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. #20 Defendant's Motion to Continue Evidentiary Hearing on Plaintiff's #4 Motion for Preliminary Injunction is ALLOWED in part and DENIED in part. The Evidentiary Hearing is CONTINUED from September 7 to September 12, 2018 at 9:30 AM. However, any response by the defendants to the pending motion (Doc. No. 4) remains due on or before September 7, 2018. (Montes, Mariliz) |
| Filing 21 Opposition re #20 MOTION to Continue Evidentiary Hearing on National Fish & Seafood Inc.'s Motion for Preliminary Injunction to September 12, 2018 filed by National Fish & Seafood, Inc.. (Centurelli, Christopher) |
| Filing 20 MOTION to Continue Evidentiary Hearing on National Fish & Seafood Inc.'s Motion for Preliminary Injunction to September 12, 2018 by Kathleen A Scanlon, Tampa Bay Fisheries, Inc..(Gershenson, Adam) |
| Filing 19 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. In light of the #18 Joint statement of counsel filed by the parties, the evidentiary hearing on #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing previously scheduled for 8/3/2018, is re-scheduled to September 7, 2018 at 9:30 AM in Courtroom 13 before District Judge Leo T. Sorokin. Any response to the motion is due by 9/7/2018. ( Responses due by 9/7/2018, (Montes, Mariliz) |
| Filing 18 JOINT STATEMENT of counsel . (Dillman, Brandon) |
| Filing 17 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #16 Motion for Leave to Appear Pro Hac Vice Added David L. Prince. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Simeone, Maria) |
| Filing 16 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of David L. Prince Filing fee: $ 100, receipt number 0101-7249211 by Tampa Bay Fisheries, Inc.. (Attachments: #1 Exhibit)(Trafton, Elizabeth) |
| Filing 15 NOTICE of Appearance by Elizabeth A. Trafton on behalf of Tampa Bay Fisheries, Inc. (Trafton, Elizabeth) |
| Filing 14 NOTICE of Appearance by Adam S. Gershenson on behalf of Tampa Bay Fisheries, Inc. (Gershenson, Adam) |
| Filing 13 NOTICE of Appearance by Michael Sheetz on behalf of Tampa Bay Fisheries, Inc. (Sheetz, Michael) |
| Filing 12 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The Court will hold an evidentiary hearing on the motion for injunctive relief on Friday August 3, 2018 commencing at 9:00 a.m., unless, based on the Court's review of the joint status report, the Court concludes such a hearing is unnecessary. Defendant Scanlon shall appear to testify along with representative(s) of Tampa Bay regarding the information, if any, taken from National Fisheries and the information disclosed, if any, by Defendant Scanlon or anyone within or working for Tampa Bay. In addition, the parties may present whatever other evidence and witnesses they deem relevant.( Evidentiary Hearing set for 8/3/2018 09:00 AM in Courtroom 13 before District Judge Leo T. Sorokin. re: #4 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction)(Simeone, Maria) |
| Filing 11 Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 7/23/2018 re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing filed by National Fish & Seafood, Inc. Counsel state the background of the case regarding previous employment of Ms. Scanlon, and disclosure to a competitor future employer of confidential documents and information plaintiffs allege she took before leaving to work for that competitor, Tampa Bay. Counsel for Ms Scanlon represents that she has not disclosed any information to anyone but counsel and returns the I-phone in open court to plaintiffs counsel, Atty Dillman. Counsel discuss competitor employment and setting a cooling off period to prevent disclosure. The court orders the order issued on 7/21/18 will remain in place for now unless ordered otherwise until 7/31/18 and Ms. Scanlon shall not work for Tampa Bay during that time. Defendants will provide what confidential documents and information within their possession by Thursday 7/26/18 at 5:00pm with a proposal to verify the information has not been disclosed. Counsel are to file a joint status report by Monday 7/30/18 as to where the case stands and how to proceed. ( Status Report due by 7/30/2018). (Court Reporter: Rachel Lopez at raeufp@gmail.com.)(Attorneys present: Atty Centurelli, Atty Dillman, Atty Deragon, Atty Pastori, Atty Prince for Tampa Bay) (Simeone, Maria) |
| Filing 10 NOTICE of Appearance by Brandon R. Dillman on behalf of National Fish & Seafood, Inc. (Dillman, Brandon) |
| Filing 9 CORPORATE DISCLOSURE STATEMENT by National Fish & Seafood, Inc. identifying Corporate Parent Peaksville Limited, Corporate Parent Pacific Andes International Holdings (BVI) Limited for National Fish & Seafood, Inc... (Centurelli, Christopher) |
| Filing 8 District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Beth Deragon. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Simeone, Maria) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Beth A Deragon Filing fee: $ 100, receipt number 0101-7240381 by Kathleen A Scanlon. (Attachments: #1 Affidavit deragon affidavit pro hac vice, #2 Appendix pastori appearance)(Pastori, Terri) |
| Filing 6 ELECTRONIC NOTICE Setting Hearing on Motion #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing : Motion Hearing set for 7/23/2018 02:15 PM in Courtroom 13 before District Judge Leo T. Sorokin. (Rynne, Michelle) |
| District Judge Leo T. Sorokin: ORDER entered. In light of the Motion for Temporary and Preliminary Injunctive Relief and request for expedited hearing, the Court will hold a hearing on this Motion on Monday July 23, 2018 at 2:15 p.m. Defendant Kathleen Scanlon shall appear in person. Defendant Tampa Bay shall send a designated representative. Defendant Scanlon shall bring her NFS issued iPhone along with its password to the hearing. Pending further hearing, in light of the filings by Plaintiff and to preserve the status quo given the initial showing by Plaintiff, Defendant Scanlon as well as her agents are ENJOINED from any disclosure or use of any confidential information of NFS except in communications with her counsel in defense of this action. Defendant Tampa Bay as well as its agents and employees are ENJOINED from any use or disclosure to any person or entity of any confidential information of NFS except in communications with counsel in defense of this action. Plaintiff bears the burden of serving Defendants with all of its papers filed in this action as well as this Order. The Court will reconsider this Order de novo and consider the pending Motion de novo upon hearing from Defendants at the hearing on July 23, 2018 or such further hearing(s) as scheduled by the Court.(Sorokin, Leo) |
| Filing 5 MEMORANDUM in Support re #4 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Request for an Expedited Hearing filed by National Fish & Seafood, Inc.. (Centurelli, Christopher) |
| Filing 4 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction and Request for an Expedited Hearing ( Responses due by 8/3/2018) by National Fish & Seafood, Inc..(Centurelli, Christopher) |
| Filing 3 Summons Issued as to John Doe, Kathleen A Scanlon, Tampa Bay Fisheries, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McKillop, Matthew) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Danieli, Chris) |
| Filing 1 COMPLAINT VERIFIED against John Doe, Tampa Bay Fisheries, Inc., Kathleen A Scanlon Filing fee: $ 400, receipt number 0101-7239118 (Fee Status: Filing Fee paid), filed by National Fish & Seafood, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Civil Cover Sheet, #5 Category Form)(Centurelli, Christopher) |
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