American Boiler Services, Inc. v. Groves
| American Boiler Services, Inc. |
| Stephen M. Groves |
| 4:2023cv00537 |
| April 25, 2023 |
| US District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 17
CONSENT JUDGMENT AND PERMANENT INJUNCTION: IT IS HEREBY ORDERED that the Joint Motion for Entry of Consent Judgment and Permanent Injunction, Doc. #15 , is GRANTED. IT IS FURTHER ORDERED that: (1) Groves is enjoined from directly soliciting business from or otherwise diverting from American Boiler any Established Customer of American Boiler for products or services that are similar to or competitive with products or services offered or sold by American Boiler as of October 24, 2022, including but not limited to any pipefitting services, boiler, or HVAC sales, design, installation, or maintenance, plant maintenance, or equipment services for a period of two years from the date of this Order. Established Customer is defined as any customer with which American Boiler conducted business in the 24-month period preceding Groves October 24, 2022 departure from American Boiler and with which Groves had contact during that period or learned of while employed by American Boiler. (2) This Order is binding on the parties to this action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the terms of this Order by personal service or otherwise. Signed by District Judge Matthew T. Schelp on May 1, 2023. (BRP)
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Filing 16
Docket Text ORDER: In light of the parties' agreement, see Doc. #15 , IT IS HEREBY ORDERED that the hearing on Plaintiff's Motion for Temporary Restraining Order, Doc. #4 , is CANCELLED. Signed by District Judge Matthew T. Schelp on 5/1/2023. (TMT)
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| Filing 15 Joint MOTION for Permanent Injunction and Entry of Consent Judgment by Defendant Stephen M. Groves. (Attachments: #1 Text of Proposed Order Exhibit 1 Proposed Consent Judgment and Permanent Injunction)(Hayes, Kelly) |
| Filing 14 ENTRY of Appearance by Kelly M. Hayes for Defendant Stephen M. Groves. (Hayes, Kelly) |
| Filing 13 NOTICE Certificate of Service: by Plaintiff American Boiler Services, Inc. re #12 Order,, (Twenter, Abigail) |
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Filing 12
ORDER: IT IS HEREBY ORDERED that a hearing will be held on Plaintiff's Motion for Temporary Restraining Order, Doc. #4 , on Monday, May 01, 2023, at noon in Courtroom Fourteen South (14S) of the Thomas F. Eagleton United States Courthouse. IT IS FURTHER ORDERED that Plaintiff shall attempt to give notice of this hearing to Defendant and shall file a certificate of service with the Court certifying any efforts made to give Defendant notice. (Hearing on Motion for Temporary Restraining Order set for 5/1/2023 12:00 PM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp.). Signed by District Judge Matthew T. Schelp on April 26, 2023. (BRP)
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| Filing 11 AMENDED DISCLOSURE STATEMENT by Plaintiff American Boiler Services, Inc.. No corporate parents or affiliates identified. (Ohlms, Mark) Modified on 5/3/2023 (CBL). |
| Filing 10 NOTICE of Filing Deficiency re #2 Disclosure Statement filed by Plaintiff American Boiler Services, Inc.. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Party filed the Disclosure Statement in this action in which jurisdiction is based on diversity under 28 U.S.C.1332(a) but, did not identify the citizenship of the entity. The Disclosure Statement must be refiled using the form adopted by this Court. Please complete and file the corrected disclosure statement as soon as possible. (moed-0001.pdf) (CBL) |
| Filing 9 ENTRY of Appearance by Abigail Leigh Twenter for Plaintiff American Boiler Services, Inc.. (Twenter, Abigail) |
| Filing 8 ENTRY of Appearance by Mark Philip Ohlms for Plaintiff American Boiler Services, Inc.. (Ohlms, Mark) |
| Case Opening Notification. Judge Assigned: Honorable Matthew T. Schelp. 1 Summons(es) issued and emailed to Abigail Leigh Twenter, Jeffrey L. Schultz, and Mark Philip Ohlms. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JBH) |
| Filing 7 NOTICE by Plaintiff American Boiler Services, Inc. re #4 MOTION for Temporary Restraining Order and Preliminary Injunction [Proposed] Bond Order (Schultz, Jeffrey) |
| Filing 6 NOTICE Requesting Hearing on Motion for Temporary Restraining Order: by Plaintiff American Boiler Services, Inc. re #4 MOTION for Temporary Restraining Order and Preliminary Injunction (Schultz, Jeffrey) |
| Filing 5 MEMORANDUM in Support of Motion re #4 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff American Boiler Services, Inc.. (Schultz, Jeffrey) |
| Filing 4 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff American Boiler Services, Inc.. (Attachments: #1 Text of Proposed Order [Proposed] Temporary Restraining Order)(Schultz, Jeffrey) |
| Filing 3 NOTICE OF PROCESS SERVER by Plaintiff American Boiler Services, Inc. Process Server: Frederick Investigations Inc. (Schultz, Jeffrey) |
| Filing 2 DISCLOSURE STATEMENT by Plaintiff American Boiler Services, Inc.. No corporate parents or affiliates identified. (Schultz, Jeffrey) |
| Filing 1 COMPLAINT Verified Complaint for Injunctive and Other Relief against defendant Stephen M. Groves with receipt number AMOEDC-9913292, in the amount of $402 Non-Jury Demand,, filed by American Boiler Services, Inc.. (Attachments: #1 Exhibit 1-Non-solicitation and Non-disclosure Agreement, #2 Exhibit 2-Verified Complaint Exhibit, #3 Original Filing Form, #4 Civil Cover Sheet, #5 Summons Summons to Stephen M. Groves)(Schultz, Jeffrey) |
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| Plaintiff: American Boiler Services, Inc. | |
| Represented By: | Jeffrey L. Schultz |
| Represented By: | Abigail Leigh Twenter |
| Represented By: | Mark Philip Ohlms |
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| Defendant: Stephen M. Groves | |
| Represented By: | Kelly M. Hayes |
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