RED WOLF ENERGY TRADING LLC v. JYLKKA, et al
| RED WOLF ENERGY LLC and RED WOLF ENERGY TRADING, LLC |
| CHRISTOPHER E. JYLKKA, et al, JON MOELLER, BRIAN VOORHEIS, ERIC BROWN, BIA CAPITAL MANAGMENT, LLC, GREGORY V. MOELLER, GROWTHWORKS, LLC, CHRISTOPHER E. JYLKKA and MICHAEL HARRADON |
| 1:2019cv10119 |
| January 17, 2019 |
| US District Court for the District of Massachusetts |
| Mark L Wolf |
| Contract: Other |
| Plaintiff |
Docket Report
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| Filing 40 Judge Mark L. Wolf: ORDER entered. REVISED STIPULATED CONFIDENTIALITY AND PROTECTIVE ORDER. (Bono, Christine) |
| Filing 39 Judge Mark L. Wolf: "ALLOWED, with revisions." ENDORSED ORDER entered granting #38 Motion for Protective Order (Bono, Christine) |
| Filing 38 Joint MOTION for Protective Order and [Proposed] Stipulated Confidentiality and Protective Order by RED WOLF ENERGY TRADING, LLC.(Sten, John) (Main Document 38 replaced on 2/26/2019) (Montes, Mariliz). (Additional attachment(s) added on 2/26/2019: #1 Text of Proposed Order) (Montes, Mariliz). Modified on 2/26/2019 to detach proposed order from motion and re-docket as an attachment (Montes, Mariliz). |
| Filing 37 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Docket No. 3) is DENIED. 2. As agreed by the parties, except for subpoenas to third parties, discovery is stayed until May 10, 2019, to provide the parties an opportunity to identify an expert to evaluate the software of defendant Bia Capital Management, LLC, and to exchange information. 3. The parties shall, by May 10, 2019, confer and report whether they have settled this case or request additional time to confer or to mediate. If the parties have not settled this case and do not request mediation or additional time to confer, they shall jointly submit a proposed scheduling order in the form attached as Exhibit 1." ORDER entered denying #3 Motion for TRO. (Attachments: #1 Scheduling Order) (Bono, Christine) |
| Filing 36 Electronic Clerk's Notes for proceedings held before Judge Mark L. Wolf: Motion Hearing held on 2/7/2019 re #3 MOTION for Temporary Restraining Order filed by RED WOLF ENERGY TRADING, LLC. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Sten, Moreau, Tibbetts, Noonan, Rosenthal, Bierman, Frankel, O'Hara, Deluhery) (Bono, Christine) |
| Filing 35 Judge Mark L. Wolf: ELECTRONIC ORDER entered granting #34 Motion for Leave to Appear Pro Hac Vice Added Kyle M. Noonan. 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. (Montes, Mariliz) |
| Filing 34 Consent MOTION for Leave to Appear Pro Hac Vice for admission of Kyle M. Noonan Filing fee: $ 100, receipt number 0101-7528307 by RED WOLF ENERGY TRADING, LLC. (Attachments: #1 Exhibit A - Declaration of Kyle M. Noonan)(Sten, John) |
| Filing 33 NOTICE of Appearance by Jason C. Moreau on behalf of RED WOLF ENERGY TRADING, LLC (Moreau, Jason) |
| Filing 32 ELECTRONIC NOTICE Resetting Hearing on Motion #3 MOTION for Temporary Restraining Order : Motion Hearing set for 2/7/2019 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. Motion Hearing set for 2/11/2019 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 31 Judge Mark L. Wolf: "It is hereby ORDERED that: 1. Each affiant and any other potential witness shall be present to testify, if necessary, at the February 7, 2019 hearing on plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction. 2. Each potential witness: a. Shall not discuss this case, including but not limited to his or her prospective testimony, with any other potential witness; b. Except for a designated representative of plaintiff and defendants, shall be excluded from the courtroom when other witnesses are testifying; and c. Shall not after testifying tell any prospective witness what he or she was asked or answered. d. This order shall not operate to prevent counsel from conferring with a witness prior to his or her testimony. However, unless protected by the attorney-client privilege or some other applicable privilege, such communications may be explored on direct and/or cross-examination of the witness." ORDER entered. (Bono, Christine) |
| Filing 30 Judge Mark L. Wolf: "It is hereby ORDERED that: 1. The Consent Motion Regarding Scheduling of Second Day of Hearing (Docket No. 29} is ALLOWED. If necessary, the February 7, 2019 hearing will continue on February 11, 2019 or another date. 2. The February 7, 2019 hearing shall be attended by each of the individuals who filed affidavits concerning plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, a representative of defendant BIA Capital Management, LLC with full settlement authority, and each individual defendant who did not file an affidavit or a representative of such defendant with full settlement authority. 3. Counsel for the parties shall confer forthwith and be prepared to discuss at the February 7, 2019 hearing what discovery would be necessary, and how long it would take conduct, if the court decides to consolidate the hearing on plaintiff's motion for a preliminary injunction with the trial on the merits. See Fed. R. Civ. P. 65(a) (2)." ORDER entered granting #29 Motion (Bono, Christine) |
| Filing 29 Consent MOTION re 26 Notice of Hearing on Motion, Regarding Scheduling of Second Day of Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction by RED WOLF ENERGY TRADING, LLC.(Sten, John) |
| Filing 28 RESPONSE TO COURT ORDER by RED WOLF ENERGY TRADING, LLC re #25 Memorandum & ORDER,, . (Sten, John) |
| Filing 27 RESPONSE TO COURT ORDER by CHRISTOPHER E. JYLKKA re #25 Memorandum & ORDER,, . (Rosenthal, David) |
| Filing 26 ELECTRONIC NOTICE Resetting Hearing on Motion #3 MOTION for Temporary Restraining Order : Motion Hearing set for 2/7/2019 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. Motion Hearing set for 2/8/2019 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 25 Judge Mark L. Wolf: "...[I]t is hereby ORDERED that: 1. Red Wolf and Jylkka shall, by February 5, 2019, state whether they each waive enforcement of the forum selection clause and, if not, explain why this case should not be dismissed without prejudice concerning Jylkka. 2. The hearing on Red Wolf's Motion for Temporary Restraining Order and Preliminary Injunction will begin on February 7, 2019, at 9:30 a.m., and continue on February 8, 2019, if necessary." ORDER entered. MEMORANDUM AND ORDER(Bono, Christine) |
| Filing 24 NOTICE of Appearance by Matthew J. Frankel on behalf of CHRISTOPHER E. JYLKKA (Frankel, Matthew) |
| Filing 23 ELECTRONIC NOTICE Setting Hearing on Motion #3 MOTION for Temporary Restraining Order : Motion Hearing set for 2/6/2019 at 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. Motion Hearing shall continue on 2/7/2019 at 09:30 AM in Courtroom 10 before Judge Mark L. Wolf. (Bono, Christine) |
| Filing 22 Opposition re #3 MOTION for Temporary Restraining Order filed by CHRISTOPHER E. JYLKKA. (Attachments: #1 Affidavit Declaration of Christoper E. Jylkka)(Rosenthal, David) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by GROWTHWORKS, LLC. (O'Hara, Christopher) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT by BIA CAPITAL MANAGMENT, LLC. (O'Hara, Christopher) |
| Filing 19 Opposition re #3 MOTION for Temporary Restraining Order filed by BIA CAPITAL MANAGMENT, LLC, ERIC BROWN, GREGORY V. MOELLER, GROWTHWORKS, LLC, MICHAEL HARRADON, JON MOELLER, BRIAN VOORHEIS. (Attachments: #1 Exhibit A to Bia Defendants' Opposition, #2 Affidavit of Gregory Moeller, #3 Exhibit A to Moeller Affidavit, #4 Exhibit B to Moeller Affidavit, #5 Affidavit of Michael Harradon, #6 Affidavit of Eric Brown)(O'Hara, Christopher) |
| Filing 18 Judge Mark L. Wolf: "ALLOWED. Any reply shall be filed by January 31, 2019 unless the parties jointly request an extension or the court grants an extension." ENDORSED ORDER entered granting #16 Motion for Extension of Time to File Response/Reply (Bono, Christine) |
| Filing 17 NOTICE of Appearance by Aimee E. Bierman on behalf of CHRISTOPHER E. JYLKKA (Bierman, Aimee) |
| Filing 16 Assented to MOTION for Extension of Time to 1/29/2019 to File Response/Reply as to #3 MOTION for Temporary Restraining Order [Unopposed] by BIA CAPITAL MANAGMENT, LLC, ERIC BROWN, CHRISTOPHER E. JYLKKA, GREGORY V. MOELLER, GROWTHWORKS, LLC, MICHAEL HARRADON, JON MOELLER, BRIAN VOORHEIS. (Attachments: #1 Text of Proposed Order Proposed Order on Defendants Unopposed Motion for Extension of Time to Respond to Plaintiffs Emergency Motion for Temporary Restraining Order and Preliminary Injunction)(Rosenthal, David) |
| Filing 15 NOTICE of Appearance by Maria T. Davis on behalf of BIA CAPITAL MANAGMENT, LLC, ERIC BROWN, GREGORY V. MOELLER, GROWTHWORKS, LLC, MICHAEL HARRADON, JON MOELLER, BRIAN VOORHEIS (Davis, Maria) |
| Filing 14 NOTICE of Appearance by Megan C. Deluhery on behalf of BIA CAPITAL MANAGMENT, LLC, ERIC BROWN, GREGORY V. MOELLER, GROWTHWORKS, LLC, MICHAEL HARRADON, JON MOELLER, BRIAN VOORHEIS (Deluhery, Megan) |
| Filing 13 NOTICE of Appearance by Christopher R. O'Hara on behalf of BIA CAPITAL MANAGMENT, LLC, ERIC BROWN, GREGORY V. MOELLER, GROWTHWORKS, LLC, MICHAEL HARRADON, JON MOELLER, BRIAN VOORHEIS (O'Hara, Christopher) |
| Filing 12 RESPONSE TO COURT ORDER by RED WOLF ENERGY TRADING, LLC re #10 Order,, . (Sten, John) |
| Filing 11 RESPONSE TO COURT ORDER by RED WOLF ENERGY TRADING, LLC re #10 Order,, to Report on 7.1(a)(2) Conference. (Sten, John) |
| Filing 10 Judge Mark L. Wolf: "This motion does not contain the certification that the parties conferred and attempted to resolve or narrow their dispute required by Local Rule 7.1(a)(2). It is hereby ORDERED that they do so and by 12:00 noon on January 22, 2019, report the result of the conference or request more time to do so. If necessary, defendants shall, by January 24, 2019, at 12:00 noon, respond to the motion." ENDORSED ORDER entered. re #3 MOTION for Temporary Restraining Order filed by RED WOLF ENERGY LLC (Bono, Christine) |
| Filing 9 Summons Issued as to ALL DEFENDANTS. 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) (Main Document 9 replaced on 1/18/2019) (Montes, Mariliz). Modified on 1/18/2019 by replacing summons to correct plaintiff's name. NEF Regenerated (Montes, Mariliz). |
| Filing 8 CERTIFICATE OF SERVICE pursuant to LR 5.2 by RED WOLF ENERGY LLC . (Sten, John) |
| Filing 7 ELECTRONIC NOTICE of Case Assignment. Judge Mark L. Wolf assigned to case. (Healy, Bethaney) |
| Filing 6 DECLARATION of Wesley Allen by RED WOLF ENERGY LLC. (Sten, John) |
| Filing 5 DECLARATION of Adam Christian by RED WOLF ENERGY LLC. (Sten, John) |
| Filing 4 MEMORANDUM in Support re #3 MOTION for Temporary Restraining Order filed by RED WOLF ENERGY LLC. (Sten, John) |
| Filing 3 MOTION for Temporary Restraining Order by RED WOLF ENERGY LLC. (Attachments: #1 Proposed Order)(Sten, John) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by RED WOLF ENERGY LLC. (Sten, John) |
| Filing 1 COMPLAINT against CHRISTOPHER E. JYLKKA, et al Filing fee: $ 400, receipt number 0101-7499339 (Fee Status: Filing Fee paid), filed by RED WOLF ENERGY LLC. (Attachments: #1 Category Sheet, #2 Civil Cover Sheet Civil Cover Sheet)(Sten, John) (Main Document 1 replaced on 1/18/2019) (Montes, Mariliz). (Additional attachment(s) added on 1/18/2019: #3 Exhibit A) (Montes, Mariliz). Modified on 1/18/2019 to detach Exhibit from Complaint and re-docket as an attachment (Montes, Mariliz). |
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