Ahern Rentals Inc v. Donato et al
| Ahern Rentals Inc |
| Adam Donato and EquipmentShare.com Inc |
| 2:2020cv04146 |
| August 13, 2020 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Both |
Docket Report
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This docket was last retrieved on August 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 37 CASE TRANSFERRED IN from District of South Carolina; Case Number 2:20-cv-01428. |
| Filing 36 Case transferred to Missouri Western District per certified copy of Transfer Order Number from MDL No. 2945. The Transferring Clerk's Office hereby attests the record and the docket sheet available through CM/ECF to be the certified list. (vdru, ) [Transferred from scd on 8/13/2020.] |
| Filing 35 NOTICE of Filing of MDL Notice of Related Action by Adam Donato, EquipmentShare.com Inc (Attachments: #1 Exhibit A - Transfer Order)(Sumner, Robert) [Transferred from scd on 8/13/2020.] |
| Filing 34 RESPONSE in Opposition re #31 MOTION for Hearing MOTION FOR EVIDENTIARY HEARING REGARDING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION Response filed by Adam Donato.Reply to Response to Motion due by 8/12/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Gaskins, E) [Transferred from scd on 8/13/2020.] |
| Filing 33 REPLY to Response to Motion re #31 MOTION for Hearing MOTION FOR EVIDENTIARY HEARING REGARDING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION Response filed by Ahern Rentals Inc. (Foster, William) [Transferred from scd on 8/13/2020.] |
| Filing 32 RESPONSE in Opposition re #31 MOTION for Hearing MOTION FOR EVIDENTIARY HEARING REGARDING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION Response filed by EquipmentShare.com Inc.Reply to Response to Motion due by 8/4/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Sumner, Robert) [Transferred from scd on 8/13/2020.] |
| Filing 31 MOTION for Hearing MOTION FOR EVIDENTIARY HEARING REGARDING PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Ahern Rentals Inc. Response to Motion due by 8/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Foster, William) [Transferred from scd on 8/13/2020.] |
| Filing 30 Sealed Document. (Attachments: #1 Exhibit B, #2 Exhibit C)(Foster, William) [Transferred from scd on 8/13/2020.] |
| Filing 29 TEXT ORDER REFERRING MOTION: #13 MOTION for Preliminary Injunction filed by Ahern Rentals Inc is referred to Magistrate Judge Molly H. Cherry. Entered at the Direction of The Honorable Bruce Howe Hendricks on 7/17/2020. Motion referred to Molly H Cherry.(vdru, ) [Transferred from scd on 8/13/2020.] |
| Filing 28 TEXT ORDER granting #27 Plaintiff's Unopposed Motion to Seal Documents. Entered at the Direction of The Honorable Bruce Howe Hendricks on 7/16/2020.(vdru, ) [Transferred from scd on 8/13/2020.] |
| Filing 27 MOTION to Seal Document (Exhibits) by Ahern Rentals Inc. Response to Motion due by 7/10/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Non-Confidential Description Index, #2 Memo in Support of Motion to Seal)No proposed order.(Foster, William) [Transferred from scd on 8/13/2020.] |
| Filing 26 REPLY to Response to Motion re #13 MOTION for Preliminary Injunction Response filed by Ahern Rentals Inc. (Attachments: #1 Exhibit A - Declaration of Michael Stilwagner, #2 Exhibit B - Donato emails with Meadows (subject to motion to seal), #3 Exhibit C - Additional Meadows emails with EquipmentShare (subject to motion to seal))(Foster, William) [Transferred from scd on 8/13/2020.] |
Filing 25
ORDER granting #23 Motion to Appear Pro Hac Vice.; granting #24 Motion to Appear Pro Hac Vice. Allen Al-Haj and Mark D. Taylor who represent Defendant EquipmentShare.com Inc are granted admission pro hac vice in this case. Entered at the Direction of The Honorable Bruce Howe Hendricks on 6/22/2020.(vdru, ) [Transferred from scd on 8/13/2020.]
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| Filing 24 MOTION to Appear Pro Hac Vice by Mark D. Taylor ( Filing fee $ 250 receipt number 0420-9169424) by EquipmentShare.com Inc. Response to Motion due by 7/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application, #2 Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Sumner, Robert) [Transferred from scd on 8/13/2020.] |
| Filing 23 MOTION to Appear Pro Hac Vice by Allen Al-Haj ( Filing fee $ 250 receipt number 0420-9169422) by EquipmentShare.com Inc. Response to Motion due by 7/6/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Application, #2 Certificate of Good Standing, #3 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Sumner, Robert) [Transferred from scd on 8/13/2020.] |
| Filing 22 Sealed Document in re document #17 . (Attachments: #1 Exhibit Emails from personal account to Ahern employees, #2 Exhibit Emails from Ahern employees to personal account, #3 Exhibit Email from Ahern account to personal account in Dec 2018, #4 Exhibit Images of Ahern customer names, #5 Exhibit Price Quotes emailed to personal account, #6 Exhibit Email by Ahern customer to Donato re needed equipment)(Gaskins, E) [Transferred from scd on 8/13/2020.] |
| Filing 21 TEXT ORDER granting #20 Plaintiff's Motion for Extension of Time: The deadline for Plaintiff to file replies to Defendants' responses to the Motion for Preliminary Injunction is extended until Friday, June 26, 2020. Entered at the Direction of The Honorable Bruce Howe Hendricks on 6/18/2020.(vdru, ) [Transferred from scd on 8/13/2020.] |
| Filing 20 MOTION for Extension of Time to file Replies by Ahern Rentals Inc. Response to Motion due by 7/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Foster, William) [Transferred from scd on 8/13/2020.] |
| Filing 19 TEXT ORDER granting #16 Motion to Seal. Defendant Adam Donato is permitted to file the documents specified in his motion under seal. Entered at the Direction of The Honorable Bruce Howe Hendricks on 6/16/2020.(vdru, ) [Transferred from scd on 8/13/2020.] |
| Filing 18 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction Response filed by EquipmentShare.com Inc.Reply to Response to Motion due by 6/19/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Customer Review 1, #2 Exhibit Customer Review 2, #3 Exhibit Customer Review 3, #4 Exhibit Customer Review 4, #5 Exhibit Customer Review 5, #6 Exhibit Customer Review 6, #7 Exhibit Customer Review 7, #8 Exhibit Customer Review 8, #9 Exhibit Customer Review 9, #10 Exhibit Customer Review 10, #11 Exhibit Customer Review 11, #12 Exhibit Customer Review 12, #13 Exhibit Customer Review 13, #14 Exhibit Customer Review 14, #15 Exhibit Customer Review 15, #16 Exhibit Customer Review 16, #17 Exhibit Customer Review 17, #18 Exhibit Declaration of Robert Sumner)(Sumner, Robert) (Attachment 2 replaced on 6/15/2020) (vdru, ). Modified to replace attachment #2 with correct document provided by the filer on 6/15/2020 (vdru, ). [Transferred from scd on 8/13/2020.] |
| Filing 17 RESPONSE in Opposition re #13 MOTION for Preliminary Injunction Response filed by Adam Donato.Reply to Response to Motion due by 6/19/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Adam Donato, #2 Exhibit Exhibit A to Donato Declaration, #3 Exhibit Exhibit B to Donato Declaration, #4 Exhibit Exhibit C to Donato Declaration, #5 Exhibit Exhibit D to Donato Declaration, #6 Exhibit Exhibit E to Donato Declaration, #7 Exhibit Exhibit F to Donato Declaration, #8 Exhibit Declaration of Josh Feathers)(Gaskins, E) [Transferred from scd on 8/13/2020.] |
| Filing 16 MOTION to Seal by Adam Donato. Response to Motion due by 6/26/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit Confidential Information to be Submitted to Court in Connection with Motion to Seal, #3 Exhibit Business emails between Donato and Ahern employees, #4 Exhibit Ahern emails sent to Donato's personal email, #5 Exhibit Email from Ahern account to personal email, #6 Exhibit Images of screen shots of customer names, #7 Exhibit Email dated April 23, 2019, #8 Exhibit Email dated April 25, 2019)No proposed order.(Gaskins, E) [Transferred from scd on 8/13/2020.] |
| Filing 15 TEXT ORDER granting #14 Defendants' Motion for Extension of Time to File Response/Reply re #13 Plaintiff's MOTION for Preliminary Injunction . Response to Motion due by 6/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Entered at the Direction of The Honorable Bruce Howe Hendricks on 6/1/2020.(vdru, ) [Transferred from scd on 8/13/2020.] |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #13 MOTION for Preliminary Injunction by EquipmentShare.com Inc. Response to Motion due by 6/12/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Sumner, Robert) [Transferred from scd on 8/13/2020.] |
| Filing 13 MOTION for Preliminary Injunction by Ahern Rentals Inc. Response to Motion due by 6/5/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit 1 - Verified Complaint and Exhibits, #3 Exhibit 2- Vessel Medical, Inc. v. Elliott, #4 Exhibit 3 - Industrial Packaging Supplies, Inc. v. Martin, #5 Exhibit 4 - World Cam, LLC v. Omnibond Sys., LLC, #6 Exhibit 5 - Woven Elecs. Corp. v. Advance Group, Inc.)No proposed order.(Foster, William) [Transferred from scd on 8/13/2020.] |
| Filing 12 Local Rule 26.01 Answers to Interrogatories by Adam Donato.(Gaskins, E) [Transferred from scd on 8/13/2020.] |
| Filing 11 Local Rule 26.01 Answers to Interrogatories by EquipmentShare.com Inc.(Sumner, Robert) [Transferred from scd on 8/13/2020.] |
| Filing 10 ANSWER to #1 Complaint, by EquipmentShare.com Inc.(Sumner, Robert) [Transferred from scd on 8/13/2020.] |
| Filing 9 ANSWER to #1 Complaint, by Adam Donato.(Gaskins, E) [Transferred from scd on 8/13/2020.] |
| Filing 7 ACCEPTANCE OF SERVICE OF COMPLAINT by Ahern Rentals Inc. Adam Donato served on 4/15/2020. (Foster, William) (Main Document 7 replaced on 4/30/2020) (vdru, ). Modified to replace with correctly signed document as provided by filer on 4/30/2020. (vdru, ). [Transferred from scd on 8/13/2020.] |
| Filing 6 ACCEPTANCE OF SERVICE OF COMPLAINT by Ahern Rentals Inc. EquipmentShare.com Inc served on 4/15/2020. (Foster, William) (Main Document 6 replaced on 4/30/2020) (vdru, ). Modified to replace with correctly signed document as provided by filer on 4/30/2020. (vdru, ). [Transferred from scd on 8/13/2020.] |
| Filing 3 Summons Issued as to Adam Donato, EquipmentShare.com Inc. (vdru, ) [Transferred from scd on 8/13/2020.] |
| Filing 2 Local Rule 26.01 Answers to Interrogatories by Ahern Rentals Inc.(vdru, ) [Transferred from scd on 8/13/2020.] |
| Filing 1 COMPLAINT against Adam Donato, EquipmentShare.com Inc ( Filing fee $ 400 receipt number 0420-9051642.), filed by Ahern Rentals Inc. Service due by 7/13/2020. (Attachments: #1 Exhibit A; Confidentiality and Invention Assignment Agreement, #2 Exhibit B: Handbook Acknowledgment and Ahern Policies, #3 Exhibit C: Security Agreement, #4 Exhibit D: Email of Customer List, #5 Exhibit E: Email of Quotes and Outage, #6 Supporting Documents Verification).(vdru, ). [Transferred from scd on 8/13/2020.] |
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