Right at Home, LLC v. Gaudet et al
| Right at Home, LLC |
| Alyssa Gaudet, Neal Gaudet and Gaudet & Company Inc. |
| 8:2020cv00462 |
| November 3, 2020 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Cheryl R Zwart |
| Contract: Franchise |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Document Text |
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| Filing 51 REPLY regarding MOTION to Dismiss or in the Alternative, Stay Proceedings #21 by Attorney Christine Burns on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc..(Burns, Christine) |
| Filing 50 BRIEF in support of MOTION for Preliminary Injunction #19 by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC.(Carson Perkins, Heather) |
| Filing 49 BRIEF in opposition to DEFENDANTS' POST-HEARING BRIEF IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Attorney Christine Burns on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc..(Burns, Christine) |
| Filing 48 INDEX in opposition to MOTION to Dismiss or in the Alternative, Stay Proceedings #21 by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC. (Attachments: #1 Exhibit Ex. 1 - Motion to Intervene, #2 Exhibit Ex. 2 - Opp. to Motion to Intervene, #3 Exhibit Ex. 3 - RAH Motion to Dismiss Gaudet & Co. Crossclaims)(Carson Perkins, Heather) |
| Filing 47 RESPONSE regarding MOTION to Dismiss or in the Alternative, Stay Proceedings #21 , Brief -Memorandum of Law in Support of Motion to Dismiss, or in the Alternative, Stay Proceedings #22 by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC.(Carson Perkins, Heather) |
| Filing 46 TRANSCRIPT (UNREDACTED) of completion of preliminary injunction proceedings before Senior Judge Joseph F. Bataillon held on December 21, 2020. Pages 1 through 139. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 7 calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 1/12/2021. Redacted Transcript Deadline set for 1/22/2021. Release of Transcript Restriction set for 3/22/2021. (BLF) |
| Filing 45 WITNESS LIST from Motion Hearing held on December 15, 2020 and December 21, 2020. (TCL) |
| Filing 44 EXHIBIT LIST from Motion Hearing held on December 15, 2020 and December 21, 2020.(TCL) |
| Filing 43 TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon Motion Hearing held on 12/21/2020 regarding MOTION for Preliminary Injunction #19 . Hearing held in Omaha by video conference. Evidence by plaintiff. Evidence by defendant. The plaintiff shall file its brief by the close of business on December 30, 2020. The defendant shall file its response by the close of business on December 30, 2020. This matter is taken under advisement. Written order forthcoming. Courtroom Deputy: Tiwauna Lawrence; Reporter: Brenda Fauber ; Appearance for Plaintiff: Heather Carlson Perkins, Harvey B. Cooper and Heather Burgess: Appearance for Defendant: Christine Burns; Time Start: 10:02 AM; Time Stop: 3:16PM; Time in Court: 3 Hours 39 Minutes. (TCL) |
| Filing 42 INDEX in support of MOTION for Preliminary Injunction #19 by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC. (Attachments: #1 Exhibit Exhibit F, Royalty Underpayment)(Carson Perkins, Heather) |
| Filing 41 INDEX in opposition to MOTION for Preliminary Injunction #19 Supplemental Index of Evidence by Attorney Christine Burns on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc.. (Attachments: #1 Exhibit 106 Alabana Certified Nurse Aide Registry, Nurse Aide Status Report, #2 Exhibit 107 - Persopo background report for S. Ross, #3 Exhibit 108 Records sent to senior living facilities regarding S. Ross, #4 Exhibit 109 Backround Report for S. Ross, #5 Exhibit 110 S. Ross's shift schedule from ClearCare, #6 Exhibit 111 Text messages)(Burns, Christine) |
| Filing 40 NOTICE of Appearance of Counsel by Attorney Harvey B. Cooper on behalf of Plaintiff Right at Home, LLC (Cooper, Harvey) |
| Filing 39 TRANSCRIPT (UNREDACTED) of preliminary injunction proceeding before Senior Judge Joseph F. Bataillon held on December 15, 2020. Pages 1 through 143. In accordance with the transcript redaction procedure, available at http://www.ned.uscourts.gov/internetDocs/pom/tran_redaction_procedure.pdf, the transcript can only be viewed at the court's public terminal or purchased through Court Reporter Brenda L. Fauber at (402) 661-7322 or b.fauber@yahoo.com before the expiration of the Release of Transcript Restriction deadline. The parties have 7 calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). Redaction Request due 1/7/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/17/2021. (BLF) |
Filing 38
RESTRICTED CASE CONFERENCE INSTRUCTIONS. ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 5.2(e). The Motion Hearing is set for 12/21/2020 at 10:00 AM by Internet/Telephonic Conferencing before Senior Judge Joseph F. Bataillon. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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| Filing 37 TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon Motion Hearing held on 12/15/2020 regarding MOTION for Preliminary Injunction #19 . Hearing held in Omaha. Opening statements by the parties. Evidence by plaintiff. Evidence by defendant. Hearing is continued to 12/21/2020 10:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Courtroom Deputy: Tiwauna Lawrence; Reporter: ; Appearance for Plaintiff: Heather Carson Perkins and Samuel R. O'Neill: Appearance for Defendant: Christine Burns; Time Start: 2:03 PM; Time Stop: 5:26 PM; Time in Court: 3 Hours 10 Minutes. (TCL) Modified on 12/16/2020 to correct next hearing date(TCL). |
| Filing 36 INDEX in opposition to MOTION for Preliminary Injunction #19 Evidence for Preliminary Injunction Hearing by Attorney Christine Burns on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc..(Burns, Christine) |
| Filing 35 INDEX in support of MOTION for Preliminary Injunction #19 by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC. (Attachments: #1 Exhibit Exhibit A, Declaration Margaret Haynes, #2 Exhibit Exhibit A-1, 2015 FA, #3 Exhibit Exhibit A-2, 2016 Assignment, #4 Exhibit Exhibit A-3, Map of Alabama, #5 Exhibit Exhibit A-4, 2018 FA, #6 Exhibit Exhibit A-5, Background Check Best Practices, #7 Exhibit Exhibit A-6, Caregiver Schedule, #8 Exhibit Exhibit A-7, Notice of Default, #9 Exhibit Exhibit A-8, Notice of Termination, #10 Exhibit Exhibit A-9, ClearCare Log, #11 Exhibit Exhibit A-10, Secret Shopper, #12 Exhibit Exhibit A-11, Gaudet Deposition, #13 Exhibit Exhibit B, Declaration Petranick, #14 Exhibit Exhibit B-1, Petranick Exhibit 1, Whistleblower Email, #15 Exhibit Exhibit C-12, 019-09-20 D Gaudet_s NOS - Supplemental documents to Plaintiff in response to RFP No. 10, #16 Exhibit Exhibit C-13, Invoice Reconconciliation, #17 Exhibit Exhibit C-14, RAH invoices, #18 Exhibit Exhibit C-15, Gaudet & Co. invoices, #19 Exhibit Exhibit C-16, RAH invoice list, #20 Exhibit Exhibit C-17, Redacted client checks, #21 Exhibit Exhibit C-18, All Carelogs Right at Home Mobile & Foley pdf, #22 Exhibit Exhibit C-19, Response to Plts 1st RFP to Gaudet & CO with attachment, #23 Exhibit Exhibit C-20, August 1 2018 Schedule, #24 Exhibit Exhibit D, Gaudet_RAH Secret Shopper Declaration, #25 Exhibit Exhibit E 2020-12-10 - Page Vault Affidavit - SIGNED, #26 Exhibit Exhibit E-1, 2020-12-10 LinkedIn Capture)(Carson Perkins, Heather) Modified on 12/15/2020 to seal Exhibit 22 per Judge Bataillon's chambers.(TCL). |
| Filing 34 REPLY BRIEF in support of MOTION for Preliminary Injunction #19 by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC. (Attachments: #1 Exhibit Gaudet_RAH Evidence Index to PI Reply, #2 Exhibit Exhibit C-12, 019-09-20 D Gaudet's NOS - Supplemental documents to Plaintiff in response to RFP No. 10, #3 Exhibit Exhibit C-13, Invoice Reconconciliation, #4 Exhibit Exhibit C-14, RAH invoices, #5 Exhibit Exhibit C-15, Gaudet & Co. invoices, #6 Exhibit Exhibit C-16, RAH invoice list, #7 Exhibit Exhibit C-17, Redacted client checks, #8 Exhibit Exhibit C-18, All Carelogs Right at Home Mobile & Foley, #9 Exhibit Exhibit C-19, Reponse to Plsts 1st RFP to Gaudet & CO (05.08.19) with attachment_Part1, #10 Exhibit Exhibit C-19, Reponse to Plsts 1st RFP to Gaudet & CO (05.08.19) with attachment_Part2, #11 Exhibit Exhibit C-19, Reponse to Plsts 1st RFP to Gaudet & CO (05.08.19) with attachment_Part3, #12 Exhibit Exhibit C-19, Reponse to Plsts 1st RFP to Gaudet & CO (05.08.19) with attachment_Part4, #13 Exhibit Exhibit C-19, Reponse to Plsts 1st RFP to Gaudet & CO (05.08.19) with attachment_Part5, #14 Exhibit Exhibit C-20, August 1 2018 Schedule, #15 Exhibit Exhibit D, Gaudet_RAH Secret Shopper Declaration, #16 Exhibit Exhibit E, 2020-12-10 - Page Vault Affidavit - SIGNED, #17 Exhibit Exhibit E-1, 2020-12-10 LinkedIn Capture)(Carson Perkins, Heather) |
| Filing 33 NOTICE of Appearance AMENDED NOTICE OF APPEARANCE by Attorney Christine Burns on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc. (Burns, Christine) |
| Filing 32 NOTICE of Appearance NOTICE OF APPEARANCE by Attorney Christine Burns on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc. (Burns, Christine) |
| Filing 31 INDEX in opposition to MOTION for Preliminary Injunction #19 Evidence in Support by Attorney Lewis R. Shreve on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc..(Shreve, Lewis) |
| Filing 30 BRIEF in opposition to MOTION for Preliminary Injunction #19 and Incorporated Memorandum of Law by Attorney Lewis R. Shreve on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc..(Shreve, Lewis) |
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Filing 29
TEXT ORDER Continuing Hearing on MOTION for Preliminary Injunction #19 . The defendants' motion to continue hearing is granted. The Motion Hearing is continued to 12/15/2020 at 02:00 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Defendants shall file a brief on or before December 9, 2020 and plaintiff shall file a reply brief on or before the close of business on December 14, 2020. Ordered by Senior Judge Joseph F. Bataillon. (TCL)
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| Filing 28 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 Corporate Disclosure Statement by Attorney Thomas W. Griffin, III on behalf of Defendants Gaudet & Company Inc., Alyssa Gaudet, Neal Gaudet.(Griffin, Thomas) |
| Filing 27 RESPONSE regarding MOTION to Continue Hearing and Incorporated Memorandum in Support Thereof #26 by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC.(Carson Perkins, Heather) |
| Filing 26 MOTION to Continue Hearing and Incorporated Memorandum in Support Thereof by Attorney Lewis R. Shreve on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc..(Shreve, Lewis) |
| Filing 25 NOTICE of Appearance by Attorney Heather Burgess on behalf of Plaintiff Right at Home, LLC (Burgess, Heather) |
| Filing 24 TEXT ORDER granting Motion for Admission Pro Hac Vice #23 for attorney Lewis R. Shreve. Ordered by Deputy Clerk. (JLS) |
| Filing 23 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4291424 by Attorney Lewis R. Shreve on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc..(Shreve, Lewis) |
| Filing 22 BRIEF Memorandum of Law in Support of Motion to Dismiss, or in the Alternative, Stay Proceedings by Attorney Thomas W. Griffin, III on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc.. (Attachments: #1 Exhibit A Complaint State Court, #2 Exhibit B Amended Complaint State Court, #3 Exhibit C Second AMended Complaint State Court, #4 Exhibit D Cross-Claim State Court, #5 Exhibit E Motion to Dismiss State Court, #6 Exhibit F Counterclaims)(Griffin, Thomas) Modified on 12/3/2020 to correct event type from a motion to a brief (ADB). |
| Filing 21 MOTION to Dismiss or in the Alternative, Stay Proceedings by Attorney Thomas W. Griffin, III on behalf of Defendants Alyssa Gaudet, Neal Gaudet, Gaudet & Company Inc..(Griffin, Thomas) |
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Filing 20
TEXT ORDER Setting Hearing on MOTION for Preliminary Injunction #19 . Motion Hearing set for 12/8/2020 at 10:00 AM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Defendants shall file a brief on or before December 7, 2020 and plaintiff shall file a reply brief on or before December 10, 2020.Ordered by Senior Judge Joseph F. Bataillon. (copy e-mailed to attorney Robert Matthews as listed in motion #19 )(ADB)
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| Filing 19 MOTION for Preliminary Injunction by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC. (Attachments: #1 Supplement Right at Home Memorandum of Law In Support of Its Motion for Preliminary Injunction, #2 Exhibit Right at Home Index of Evidence In Support of Motion for Preliminary Injunction, #3 Exhibit Exhibit A Haynes Decl ISO Motion for Preliminary Injunction_Part1, #4 Exhibit Exhibit A Haynes Decl ISO Motion for Preliminary Injunction_Part2, #5 Exhibit Exhibit A Haynes Decl ISO Motion for Preliminary Injunction_Part3, #6 Exhibit Exhibit B Petranick Decl ISO Motion for Preliminary Injunction)(Carson Perkins, Heather) |
| Filing 18 SUMMONS Returned Executed upon Alyssa Gaudet (second service) defendant Right at Home, LLC on 11/16/2020. (Carson Perkins, Heather) |
| Filing 17 SUMMONS Returned Executed upon Neal Gaudet defendant Right at Home, LLC. (Carson Perkins, Heather) |
| Filing 16 SUMMONS Returned Executed upon Gaudet & Company defendant Right at Home, LLC. (Carson Perkins, Heather) |
| Filing 15 SUMMONS Returned Executed upon Alyssa Gaudet defendant Right at Home, LLC on 11/11/2020. (Carson Perkins, Heather) |
| Filing 14 ATTACHMENT - CONTINUED regarding Amended Complaint #10 . Exhibit C to Amended Complaint by Attorney Samuel R. O'Neill on behalf of Plaintiff Right at Home, LLC.(O'Neill, Samuel) |
| Filing 13 ATTACHMENT - CONTINUED regarding Amended Complaint #10 . Exhibit B to Amended Complaint by Attorney Samuel R. O'Neill on behalf of Plaintiff Right at Home, LLC.(O'Neill, Samuel) |
| Filing 12 ATTACHMENT - CONTINUED regarding Amended Complaint #10 . Exhibit A to Amended Complaint by Attorney Samuel R. O'Neill on behalf of Plaintiff Right at Home, LLC.(O'Neill, Samuel) |
| Filing 11 TEXT ORDER granting Motion for Admission Pro Hac Vice #8 for attorney Heather Carson Perkins. Ordered by Deputy Clerk. (JLS) |
| Filing 10 AMENDED COMPLAINT for Declaratory, Equitable and Injunctive Relief against Defendant All Defendants, by Attorney Samuel R. O'Neill on behalf of Right at Home, LLC(O'Neill, Samuel) |
| Filing 9 NOTICE of Acknowledgement of Oath of Admission of Heather Carson Perkins for Pro Hac Vice by Attorney Samuel R. O'Neill on behalf of Plaintiff Right at Home, LLC (O'Neill, Samuel) |
| Filing 8 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4273387 by Attorney Heather Carson Perkins on behalf of Plaintiff Right at Home, LLC.(Carson Perkins, Heather) |
| Filing 7 Summons Issued as to defendant Alyssa Gaudet, Neal Gaudet and Gaudet & Company Inc. regarding Complaint #1 . YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (MKR) |
| Filing 6 Summons Requested as to Defendants regarding Complaint #1 . (O'Neill, Samuel) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Samuel R. O'Neill on behalf of Plaintiff Right at Home, LLC.(O'Neill, Samuel) |
| Filing 4 ATTORNEY LETTER by Clerk that Attorney Heather Carson Perkins has not registered for admittance to practice. If the requested action is not taken within fifteen (15) days of the date of this letter, this matter will be referred to the assigned magistrate judge for the entry of a show cause order. (TCL) |
| Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Right at Home, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(TCL) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Cheryl R. Zwart assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (TCL) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400, receipt number ANEDC-4271997), by Attorney Samuel R. O'Neill on behalf of Right at Home, LLC(O'Neill, Samuel) |
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