Ahern Rentals v. McCormac et al
Plaintiff: Ahern Rentals
Defendant: Michelle McCormac and Equipmentshare.com
Case Number: 2:2020cv04148
Filed: August 13, 2020
Court: US District Court for the Western District of Missouri
Presiding Judge: Beth Phillips
Nature of Suit: Other Statutory Actions
Cause of Action: 18 U.S.C. § 1030
Jury Demanded By: Both
Docket Report

This docket was last retrieved on August 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 13, 2020 Filing 35 CASE TRANSFERRED IN from District of Utah; Case Number 2:19-cv-01003.
August 12, 2020 Filing 34 CLERKS ORDER of Conditional Transfer re Ahern Rentals, Inc., Trade Secret Litigation MDL 2945 signed by Karen K. Caldwell, Chair of the Panel on Multidistrict Litigation. Case transferred to the Western District of Missouri. (jwt) [Transferred from utd on 8/13/2020.]
July 14, 2020 Filing 33 REQUEST to Submit for Decision re Motion to Stay Pending Decision by the Judicial Panel on Multidistrict Litigation Dkt. no #26 filed by Plaintiff Ahern Rentals. (Roberts, Gregory) Modified to link it to the document for request on 7/17/2020 (kpf). [Transferred from utd on 8/13/2020.]
July 13, 2020 Filing 32 REPLY to Response to Motion re #26 MOTION to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation filed by Defendant Equipmentshare.com. (Attachments: #1 Affidavit Supplemental Declaration of Colton D. Long in Support of Motion to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation)(Clegg, Perry) [Transferred from utd on 8/13/2020.]
June 29, 2020 Filing 31 Plaintiff's MEMORANDUM in Opposition re #26 MOTION to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation filed by Plaintiff Ahern Rentals. (Attachments: #1 Exhibit A - Declaration of Greg Roberts, #2 Exhibit B - Ahern's Opposition to Motion to Transfer with MDL, #3 Exhibit C - MDL Notice of Hearing)(Roberts, Gregory) [Transferred from utd on 8/13/2020.]
June 17, 2020 Filing 30 Modification of Docket: Correction: Attached approved minute entry. re #11 Status Report and Scheduling Conference. (kpf) [Transferred from utd on 8/13/2020.]
June 17, 2020 Filing 29 NOTICE of Intent to Respond to EquipmentShare.com's Motion to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation (Dkt. 26) by Ahern Rentals (Roberts, Gregory) Modified to edit text on 6/18/2020 (kpf). [Transferred from utd on 8/13/2020.]
June 16, 2020 Filing 28 NOTICE VACATING MOTION HEARING set for 6/23/2020, 10:00 AM before Judge Jenkins. (kms) [Transferred from utd on 8/13/2020.]
June 16, 2020 Opinion or Order Filing 27 ORDER granting #26 Motion to Stay. It is hereby ordered the motion is granted, and the instant action is stayed pending resolution of the transfer petition. Signed by Judge Bruce S. Jenkins on 06/16/2020. (kpf) [Transferred from utd on 8/13/2020.]
June 15, 2020 Filing 26 MOTION to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation filed by Defendant Equipmentshare.com. (Attachments: #1 Affidavit Declaration of Colton D. Long, #2 Text of Proposed Order Order Granting Motion to Stay Pending Transfer Decision by the Judicial Panel on Multidistrict Litigation)(Clegg, Perry) [Transferred from utd on 8/13/2020.]
June 15, 2020 Filing 25 AMENDED NOTICE OF TELEPHONIC HEARING ON MOTION re: #19 Defendant's Short Form Discovery Motion : Motion Hearing set for 6/23/2020 at 10:00 AM before Judge Bruce S. Jenkins. TELECONFERENCE INSTRUCTIONS:Please plan to participate on a landline rather than a cell phone if possible. Also avoid the use of a speaker phone. During the call, announce your name each time you speak and pause regularly during any statements to allow the judge to maintain control. Mute your phone when you are not speaking. As a participant, the conference instructions are as follows: 1. Dial 888-684-88522. Enter Access Code 62703563. Enter the conference as a participant by pressing #key. If the call has not been activated by the Court, you will be placed on hold. 4. Once the call is activated you will be prompted to enter the participant security code 0623201 followed by the # key. You will now be entered into the conference. If you have any questions before the hearing begins please do not hesitate to contact chambers at 801-524-6507. If you are having issues during the hearing, you can email the courtroom deputy at Kim_Forsgren@utd.uscourts.gov. This hearing will be conducted telephonically. Members of the public, including media, are not able to attend in the courtroom and should contact the case manager at kathleen_smith@utd.uscourts.gov for information to obtain electronic access to the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (kms) [Transferred from utd on 8/13/2020.]
May 1, 2020 Filing 24 NOTICE OF HEARING ON MOTION re: #19 Defendant's Short Form Discovery MOTION re: Request for Production No. 5 : Motion Hearing set for 6/23/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. (kms) [Transferred from utd on 8/13/2020.]
April 13, 2020 Opinion or Order Filing 23 ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Colton Long for Equipmentshare.com.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge Bruce S. Jenkins on 4/13/20. (jrj) [Transferred from utd on 8/13/2020.]
April 10, 2020 Filing 22 Defendant's MOTION for Admission Pro Hac Vice of Colton Long , Registration fee $ 250, receipt number AUTDC-3544657,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Equipmentshare.com. (Attachments: #1 Exhibit Application for PHV, #2 Text of Proposed Order Proposed Order)(Clegg, Perry) [Transferred from utd on 8/13/2020.]
April 2, 2020 Filing 21 REQUEST to Submit for Decision re #19 Defendant's MOTION for Short Form Discovery re: Request for Production No. 5 Defendant's MOTION to Expedite Short Form Discovery Motion and Memorandum in Support filed by Defendant Michelle McCormac. (Egan, Austin) [Transferred from utd on 8/13/2020.]
March 31, 2020 Filing 20 MEMORANDUM in Opposition re #19 Defendant's MOTION for Short Form Discovery re: Request for Production No. 5 Defendant's MOTION to Expedite Short Form Discovery Motion and Memorandum in Support filed by Plaintiff Ahern Rentals. (Roberts, Gregory) [Transferred from utd on 8/13/2020.]
March 24, 2020 Filing 19 Defendant's MOTION for Short Form Discovery re: Request for Production No. 5 , Defendant's MOTION to Expedite Short Form Discovery Motion and Memorandum in Support filed by Defendant Michelle McCormac. (Attachments: #1 Exhibit Exhibit A - Ahern's Response to Request No. 5, #2 Text of Proposed Order Proposed Order)(Egan, Austin) [Transferred from utd on 8/13/2020.]
March 16, 2020 Filing 18 NOTICE of Appearance by Andrew Applegate on behalf of Ahern Rentals (Applegate, Andrew) [Transferred from utd on 8/13/2020.]
February 4, 2020 Opinion or Order Filing 17 SCHEDULING ORDER: Amended Pleadings due for Defendant by 5/29/2020. Joinder of Parties for Defendant due by 5/29/2020. Expert Discovery due by 8/31/2020. Motions due by 9/15/2020. Proposed Pretrial Order due by 11/11/2020. Final Pretrial Conference set for 11/13/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Signed by Judge Bruce S. Jenkins on 2/4/20. (jmr) [Transferred from utd on 8/13/2020.]
January 30, 2020 Opinion or Order Filing 16 ORDER granting #14 Motion for Admission Pro Hac Vice of Mark D. Taylor for Equipmentshare.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 1/30/20. (jmr) [Transferred from utd on 8/13/2020.]
January 30, 2020 Opinion or Order Filing 15 ORDER granting #13 Motion for Admission Pro Hac Vice of Michael E. Brewer for Equipmentshare.com. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Bruce S. Jenkins on 1/30/20. (jmr) [Transferred from utd on 8/13/2020.]
January 29, 2020 Filing 14 MOTION for Admission Pro Hac Vice of Mark D. Taylor , Registration fee $ 250, receipt number 1088-3474209, filed by Defendant Equipmentshare.com. (Attachments: #1 Exhibit)(Clegg, Perry) [Transferred from utd on 8/13/2020.]
January 29, 2020 Filing 13 MOTION for Admission Pro Hac Vice of Michael E. Brewer , Registration fee $ 250, receipt number 1088-3474132, filed by Defendant Equipmentshare.com. (Attachments: #1 Exhibit)(Clegg, Perry) [Transferred from utd on 8/13/2020.]
January 28, 2020 Filing 12 NOTICE of Appearance by Andrea Kelly on behalf of Equipmentshare.com (Kelly, Andrea) [Transferred from utd on 8/13/2020.]
January 22, 2020 Filing 11 Minute Entry for proceedings held before Judge Bruce S. Jenkins: Status Conference held on 1/22/2020. Final Pretrial Conference set for 11/13/2020 at 10:00 AM in Rm 7.200 before Judge Bruce S. Jenkins. Attorney for Plaintiff: Gregory Roberts, Attorney for Defendant: Perry Clegg, Austin Egan. Court Reporter: Michelle Mallonee.(Time Start: 1:11:33, Time End: 1:27:07, Room 7.200.)(las) Modified to add text and image on 6/17/2020 (kpf). [Transferred from utd on 8/13/2020.]
January 22, 2020 Filing 10 REPORT OF ATTORNEY PLANNING MEETING. (Roberts, Gregory) [Transferred from utd on 8/13/2020.]
January 14, 2020 Filing 9 DEMAND for Trial by Jury by Plaintiff Ahern Rentals. (Roberts, Gregory) [Transferred from utd on 8/13/2020.]
January 10, 2020 Filing 8 NOTICE OF HEARING: Status Report and Scheduling Conference set for 1/22/2020 at 01:10 PM in Rm 7.200 before Judge Bruce S. Jenkins. PLEASE NOTE: The standard procedure before Judge Jenkins is to hold status and scheduling conferences in open court and on the record. (kms) [Transferred from utd on 8/13/2020.]
January 6, 2020 Filing 7 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Equipmentshare.com identifying None as Corporate Parent. (Clegg, Perry) [Transferred from utd on 8/13/2020.]
January 6, 2020 Filing 6 ANSWER to Complaint and Affirmative Defenses to Plaintiffs filed by Equipmentshare.com.(Clegg, Perry) [Transferred from utd on 8/13/2020.]
December 31, 2019 Filing 5 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Michael E. Brewer, for Defendant Equipmentshare.com. (nl) [Transferred from utd on 8/13/2020.]
December 31, 2019 Filing 4 NOTICE OF ADR, e-mailed or mailed to Plaintiff Ahern Rentals, Defendants Equipmentshare.com, Michelle McCormac. (nl) [Transferred from utd on 8/13/2020.]
December 30, 2019 Filing 3 ANSWER to Complaint with Jury Demand filed by Michelle McCormac.(Egan, Austin) [Transferred from utd on 8/13/2020.]
December 30, 2019 Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 190908058, (Filing fee $ 400, receipt number 1088-3450610) filed by Michelle McCormac. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A - Amended Complaint, #3 Exhibit Exhibit B - State Court Filings) Assigned to Judge Bruce S. Jenkins (Egan, Austin) [Transferred from utd on 8/13/2020.]
December 30, 2019 Filing 1 Case has been indexed and assigned to Judge Bruce S. Jenkins. Defendants Equipmentshare.com, Michelle McCormac are directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (jwt) [Transferred from utd on 8/13/2020.]

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Defendant: Michelle McCormac
Represented By: Austin B. Egan
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Defendant: Equipmentshare.com
Represented By: Andrea Kelly
Represented By: Perry S. Clegg
Represented By: Mark D. Taylor
Represented By: Michael E. Brewer
Represented By: Colton D Long
Represented By: Mark David Taylor
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Plaintiff: Ahern Rentals
Represented By: Gregory S. Roberts
Represented By: Andrew Applegate
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