Damon v. Navsav Holdings, LLC
| Jackie Damon |
| Navsav Holdings, LLC |
| 8:2023cv00351 |
| August 9, 2023 |
| US District Court for the District of Nebraska |
| 8 Omaha Office |
| Brian C Buescher |
| Michael D Nelson |
| Civil Rights: Jobs |
| 28 U.S.C. § 1332 Diversity-(Citizenship) |
| None |
Docket Report
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Filing 35
TEXT ORDER granting #34 Unopposed Motion to Extend. Defendant shall have an extension of time to October 10, 2023, to file a reply to its Motion to Dismiss or in the Alternative, Motion to Transfer Venue #10 . Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 34 UNOPPOSED MOTION to Extend Time for Defendant to File Reply Brief in Support of Motion to Dismiss, or in the Alternative, Motion to Transfer Venue Brief #33 , Brief #11 , MOTION to Dismiss Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer Venue #10 , Order on Motion to Extend, 29 , Index,, #12 by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
| Filing 33 BRIEF in opposition to MOTION to Dismiss Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer Venue #10 by Attorney Andrew Tugan on behalf of Plaintiff Jackie Damon.(Tugan, Andrew) |
| Filing 32 NOTICE of Appearance by Attorney Andrew Tugan on behalf of Plaintiff Jackie Damon (Tugan, Andrew) |
| Filing 31 NOTICE of Filing by Attorney Gregory C. Scaglione on behalf of Plaintiff Jackie Damon (Attachments: #1 Exhibit A - Order in Texas Case, #2 Exhibit B - Response in Texas Case)(Scaglione, Gregory) |
| Filing 30 TRANSCRIPT (UNREDACTED) of preliminary injunction proceedings before District Judge Brian C. Buescher held on August 18, 2023. Pages 1 through 95. 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 9/29/2023. Redacted Transcript Deadline set for 10/9/2023. Release of Transcript Restriction set for 12/7/2023. (BLF) |
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Filing 29
TEXT ORDER granting #28 Joint Motion for Extension of Time to Respond to Defendant's Pending Motions. Plaintiff shall have an extension of time to September 26, 2023, to file an opposition to Defendant's Motion to Dismiss or in the Alternative, Motion to Transfer Venue #10 . Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 28 JOINT MOTION to Extend Time to Respond to Defendant's Pending Motions Brief #11 , MOTION to Dismiss Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer Venue #10 , Index,, #12 by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
| Filing 27 REQUEST FOR TRANSCRIPT for proceedings held on August 18, 2023 before District Judge Brian C. Buescher Request for Transcript for hearing on August 18, 2023 regarding Minutes, Filing 20 Motion Hearing,,, by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
| Filing 26 SCHEDULING LETTER from USCA - 8th Circuit as to Interlocutory Appeal( #24 in 8:23-cv-00351-BCB-MDN). Transcript Designation set for 10/10/2023. (Attachments: #1 Letter by Clerk from USCA)(JES) Modified on 8/29/2023 to correct case number (JES). |
| Filing 25 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Interlocutory Appeal #24 , Memorandum and Order #21 , and Preliminary Injunction #22 . Notice of Appeal filed on 8/28/23 by Defendant Navsav Holdings, LLC. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (LKO) |
| Filing 24 INTERLOCUTORY APPEAL regarding Preliminary Injunction, #22 , Memorandum and Order,, Terminate Motion and R&R Deadlines/Hearings, #21 Filing fee $ 505, receipt number ANEDC-4929065. (Wentz, Kenneth) |
| Filing 23 TEXT RECEIPT FOR BOND in the amount of $ 500.00, receipt number 8067633, paid by Cody Roach, 6410 s. 107th Street, Omaha, NE 68127, regarding Preliminary Injunction #22 . (ADB) |
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Filing 22
PRELIMINARY INJUNCTION regarding Memorandum and Order #21 . Under Federal Rule of Civil Procedure 65(c), the bond of $500 or $500 cash in lieu of bond is sufficient for the payment of such costs and damages as may be incurred or suffered by any party who is subsequently found to be wrongfully enjoined or restrained hereby and that this Preliminary Injunction shall issue immediately upon the posting of such security. Ordered by Judge Brian C. Buescher. (LRM)
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Filing 21
MEMORANDUM AND ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER AND MOTION FOR PRELIMINARY INJUNCTION Damon's Motion for Temporary Restraining Order, Filing #4 , is denied as moot. Damon's Motion for Preliminary Injunction, also in Filing #4 , is granted. A separate Preliminary Injunction will issue in this case upon the posting of the security required above. Ordered by Judge Brian C. Buescher. (LRM)
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| Filing 20 TEXT MINUTE ENTRY for proceedings held before Judge Brian C. Buescher Motion Hearing held on 8/18/2023 regarding MOTION for Temporary Restraining Order and Motion for Preliminary Injunction; and Request for Hearing Regarding Requested Issuance of a Preliminary Injunction #4 . The court takes judicial notice of the exhibits previously filed in this matter. Proposed Exhibit List Filing #19 is stricken for reasons set forth on the record. Evidence and argument by parties. Matter taken under advisement. Written order forthcoming. Hearing held in Omaha. Courtroom Deputy: Tracy McKibben; Reporter: Brenda Fauber; Appearance for Plaintiff: Gregory C.Scaglione, Andrew Tugan: Appearance for Defendant: Kenneth M. Wentz, III. Time Start: 10:44 a.m.; Time Stop: 11:35 a.m.; Time in Court: 50 minutes. (TJM) |
| Filing 19 STRICKEN - PROPOSED EXHIBIT LIST Plaintiff's Amended List of Exhibits by Attorney Gregory C. Scaglione on behalf of Plaintiff Jackie Damon. (Scaglione, Gregory) Modified on 8/18/2023 to strike per Filing 20 (TJM). |
| Filing 18 BRIEF in support of Plaintiff's Brief in Support of Motion for Preliminary Injunction by Attorney Gregory C. Scaglione on behalf of Plaintiff Jackie Damon.(Scaglione, Gregory) |
| Filing 17 PROPOSED EXHIBIT LIST Plaintiff's List of Exhibits by Attorney Gregory C. Scaglione on behalf of Plaintiff Jackie Damon. (Scaglione, Gregory) |
| Filing 16 INDEX in support of MOTION FOR TEMPORARY RESTRAINING ORDER; and MOTION FOR PRELIMINARY INJUNCTION; and REQUEST FOR HEARING REGARDING REQUESTED ISSUANCE OF PRELIMINARY INJUNCTION by Attorney Gregory C. Scaglione on behalf of Plaintiff Jackie Damon.(Scaglione, Gregory) |
| Filing 15 PROPOSED EXHIBIT LIST Defendant NavSav Holdings, LLC's Proposed List of Exhibits by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC. (Wentz, Kenneth) |
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Filing 14
TEXT ORDER granting #13 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Pending Motions. Plaintiff shall have an extension of time to September 8, 2023, to file its opposition to Defendant's Motion to Dismiss or in the Alternative, Motion to Transfer Venue #10 . Ordered by Magistrate Judge Michael D. Nelson. (SMN)
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| Filing 13 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading PLAINTIFFS UNOPPOSED MOTION TO EXTENSION OF TIME TO RESPOND TO DEFENDANTS PENDING MOTIONS by Attorney Gregory C. Scaglione on behalf of Plaintiff Jackie Damon.(Scaglione, Gregory) |
| Filing 12 INDEX in support of Brief #11 , MOTION to Dismiss Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer Venue #10 by Attorney Quinn R. Eaton on behalf of Defendant Navsav Holdings, LLC. (Attachments: #1 Exhibit 1. Dan Headlee Declaration, #2 Exhibit 2. Ragen Murray Declaration, #3 Exhibit 3. Assignment of Employee Restrictive Covenants, #4 Exhibit 4. Proprietary Information Agreement, #5 Exhibit 5. Universal Non-Solicit Agreement, #6 Exhibit 6. Damon - NavSav Agreement, #7 Exhibit 7. Iowa Withholding Allowance, #8 Exhibit 8. New Hire Packet)(Eaton, Quinn) |
| Filing 11 BRIEF in support of MOTION to Dismiss Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer Venue #10 by Attorney Quinn R. Eaton on behalf of Defendant Navsav Holdings, LLC.(Eaton, Quinn) |
| Filing 10 MOTION to Dismiss Defendant's Motion to Dismiss, or in the Alternative, Motion to Transfer Venue by Attorney Quinn R. Eaton on behalf of Defendant Navsav Holdings, LLC.(Eaton, Quinn) |
| Filing 9 INDEX in opposition to MOTION for Temporary Restraining Order and Motion for Preliminary Injunction; and Request for Hearing Regarding Requested Issuance of a Preliminary Injunction #4 , Brief, #8 Index of Evidence in Support of Defendant's Brief in Opposition to Motion for Preliminary Injunction by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC. (Attachments: #1 Exhibit 1. Dan Headlee Declaration, #2 Exhibit 2. Ragen Murray Declaration, #3 Exhibit 3. Assignment of Employee Restrictive Covenants, #4 Exhibit 4. Proprietary Information Agreement, #5 Exhibit 5. Universal Non-Solicit Agreement, #6 Exhibit 6. Damon - NavSav Agreement, #7 Exhibit 7. Iowa Withholding Allowance, #8 Exhibit 8. New Hire Packet, #9 Exhibit 9. Dan Headlee Declaration - dated 8.2.23)(Wentz, Kenneth) |
| Filing 8 BRIEF in opposition to MOTION for Temporary Restraining Order and Motion for Preliminary Injunction; and Request for Hearing Regarding Requested Issuance of a Preliminary Injunction #4 Defendant's Brief in Opposition to Plaintiff's Motion for Preliminary Injunction by Attorney Kenneth M. Wentz, III on behalf of Defendant Navsav Holdings, LLC.(Wentz, Kenneth) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Other Affiliate PBH & Associates, LLC - Texas, Other Affiliate ALWRW Holdings, LLC - Texas, Other Affiliate ALWRW Holdings, LLC - Texas for Navsav Holdings, LLC. by Attorney Kenneth M. Wentz, III on behalf of Defendants Navsav Holdings, LLC, PBH & Associates, LLC - Texas, ALWRW Holdings, LLC - Texas, ALWRW Holdings, LLC - Texas.(Wentz, Kenneth) |
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Filing 6
ORDER SETTING HEARING ON MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AND SETTING REQUIREMENTS FOR PRE-HEARING SUBMISSIONS Navsav shall have until 12:00 p.m. CDT on Wednesday, August 16, 2023, to file an opposition to Damon's Motion for Temporary Restraining Order and Motion for Preliminary Injunction. Damon shall have until 12:00 p.m. CDT on Thursday, August 17, 2023, to file any reply brief and any additional evidence on which she intends to rely to support her Motions. Briefs shall comply with NECivR 7.1. A hearing on Damon's Motion for Temporary Restraining Order and Motion for Preliminary Injunction is scheduled for 11:00 a.m. CDT on Friday, August 18, 2023. The hearing shall be for a maximum of one (1) hour, and each party shall be allocated fifteen (15) minutes to present its argument on Damon's Motions. The hearing shall be on arguments and written submissions only. Not later than 5:00 p.m. CDT on Wednesday, August 16, 2023, any party who believes that live testimony is required to present its case on the Motions must file a motion requesting live witnesses demonstrating good cause for presentation of live testimony and indicating the estimated time required to hear the live testimony. Both parties shall file exhibit lists of all evidence to be considered at the hearing not later than 12:00 p.m. CDT on Thursday, August 17, 2023. All exhibits shall be identified by their docket numbers and docket page numbers. Ordered by Judge Brian C. Buescher. (LRM)
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| Filing 5 INDEX in support of MOTION FOR TEMPORARY RESTRAINING ORDER; and MOTION FOR PRELIMINARY INJUNCTION; and REQUEST FOR HEARING REGARDING REQUESTED ISSUANCE OF A PRELIMINARY INJUNCTION by Attorney Gregory C. Scaglione on behalf of Plaintiff Jackie Damon.(Scaglione, Gregory) |
| Filing 4 MOTION for Temporary Restraining Order and Motion for Preliminary Injunction; and Request for Hearing Regarding Requested Issuance of a Preliminary Injunction by Attorney Gregory C. Scaglione on behalf of Plaintiff Jackie Damon.(Scaglione, Gregory) |
| Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Navsav Holdings, 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. (ADB) |
| Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Judge Brian C. Buescher and Magistrate Judge Michael D. Nelson 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. (ADB) |
| Filing 1 NOTICE OF REMOVAL against NAVSAV HOLDINGS, LLC from DISTRICT COURT OF DOUGLAS COUNTY, NEBRASKA, Case number CI 23-5320 with attached state court pleadings, ( Filing fee $ 402, receipt number 8067492) by Attorney Quinn R. Eaton on behalf of NAVSAV HOLDINGS, LLC (Attachments: #1 Exhibit State Court Pleadings, #2 Exhibit B. Walters Declaration)(Eaton, Quinn) Modified on 8/9/2023 to add filing fee receipt number (ADB). |
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| Plaintiff: Jackie Damon | |
| Represented By: | Andrew Tugan |
| Represented By: | Emily M. Coffey |
| Represented By: | Gregory C. Scaglione |
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| Defendant: Navsav Holdings, LLC | |
| Represented By: | Kenneth M. Wentz, III |
| Represented By: | Quinn R. Eaton |
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