Sisk v. Scripps Media, Inc.
| Stephen Lee Sisk |
| Scripps Media, Inc. |
| 8:2024cv00086 |
| March 1, 2024 |
| US District Court for the District of Nebraska |
| Joseph F Bataillon |
| Michael D Nelson |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Dispute |
| None |
Docket Report
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| Filing 30 TRANSCRIPT (UNREDACTED) of hearing on motion for temporary restraining order before Senior Judge Joseph F. Bataillon held on March 8, 2024. Pages 1 through 104. 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 5/16/2024. Redacted Transcript Deadline set for 5/28/2024. Release of Transcript Restriction set for 7/24/2024. (BLF) |
| Filing 29 COPY of Order from USCA - 8th Circuit (24-1594) The motion for leave to file a Rule 60(a) motion in the underlying district court case is granted. The pending briefing schedule is held in abeyance pending the disposition of the Rule 60(a) motion. (TCL) |
| Filing 28 REQUEST FOR TRANSCRIPT for proceedings held on March 8, 2024 before Senior Judge Joseph F. Bataillon regarding Minutes, Filing 17 Motion Hearing,, (McIntyre, Michael) |
| Filing 27 SCHEDULING LETTER from USCA - 8th Circuit as to Interlocutory Appeal, #24 . Transcript Designation set for 4/30/2024. (TCL) |
| Filing 26 Letter by Clerk USCA - 8th Circuit (24-1594) regarding Interlocutory Appeal, #24 . The appeal has been docketed and assigned case number 24-1594. (TCL) |
| Filing 25 NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by Clerk to USCA regarding Interlocutory Appeal #24 , Memorandum and Order #23 . Notice of Appeal filed on 3/19/2024 by Defendant Scripps Media, Inc. NOTIFICATION TO COUNSEL AND PARTIES - FILE REQUEST FOR TRANSCRIPT WITH THE DISTRICT COURT CLERKS OFFICE. (TCL) |
| Filing 24 INTERLOCUTORY APPEAL regarding Order on Motion for TRO,, #23 Filing fee $ 505, receipt number ANEDC-5052911. (McIntyre, Michael) Modified on 3/19/2024 to reflect that the filing fee is $605. The system was not updated to collect the correct amount. Additional $100 receipted on 3/19/24, receipt number 8069208. (JLS) |
Filing 23
MEMORANDUM AND ORDER Plaintiff Stephen Lee Sisk's Motion for Temporary Restraining Order and request for Preliminary Injunction (Filing Nos. #7 and #20 ) are granted. Defendant, Scripps Media, Inc., is enjoined from taking any action to enforce the noncompetition and non-solicitation covenants in the Agreement between Defendant and Plaintiff pending the final disposition of this action. Plaintiff shall, pursuant to Fed. R. Civ. P. 65, post a nominal bond in the amount of Five Hundred Dollars ($500) or $500 cash in lieu of bond with the Clerk of the Court. Ordered by Senior Judge Joseph F. Bataillon. (E-mailed to finance) (LRM)
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| Filing 22 ANSWER to Notice of Removal Complaint regarding: Notice of Removal Attorney - Complaint, #1 , COUNTERCLAIM against Stephen Lee Sisk regarding Notice of Removal Attorney - Complaint, #1 filed by Scripps Media, Inc. by Scripps Media, Inc. (McIntyre, Michael) |
| Filing 21 BRIEF Motion Hearing,, 17 (Supplemental Authority) by Attorney Michael S. McIntyre on behalf of Defendant Scripps Media, Inc.. (Attachments: #1 Exhibit 1-March 4, 2024 Email Chain)(McIntyre, Michael) |
| Filing 20 BRIEF in support of MOTION for Temporary Restraining Order #7 by Attorney Patrick J. Barrett on behalf of Plaintiff Stephen Lee Sisk.(Barrett, Patrick) |
| Filing 19 EXHIBIT LIST from Motion for Temporary Restraining Order hearing held on March 8, 2024. (TCL) |
| Filing 18 WITNESS LIST from Motion for Temporary Restraining Order hearing held on March 8, 2024. (TCL) |
| Filing 17 TEXT MINUTE ENTRY for proceedings held before Senior Judge Joseph F. Bataillon. Motion Hearing held on 3/8/2024 regarding MOTION for Temporary Restraining Order #7 . Hearing held in Omaha. Argument by parties. Evidence by Defendant. Closing Argument by parties. Parties to submit additional law to Court by close of business on 3/11/2024. This matter is deemed submitted to the Court. Written order forthcoming. Courtroom Deputy: Tiwauna Lawrence; Reporter: Brenda Fauber; Appearance for Plaintiff: Patrick J. Barrett and Kristin Nalbach: Appearance for Defendant: Michael S. McIntyre; Time Start: 1:33 PM; Time Stop: 3:55 PM; Time in Court: 2 Hours 11 Minutes. (TCL) |
| Filing 16 INDEX Response #15 by Attorney Michael S. McIntyre on behalf of Defendant Scripps Media, Inc.. (Attachments: #1 Exhibit 1-K. Choal Decl., #2 Exhibit 2-L. Volenec Decl., #3 Exhibit 3-L. Clark Decl, #4 Exhibit 4- Agreement, #5 Exhibit 5-2022 Director of Sales Agreement)(McIntyre, Michael) |
| Filing 15 RESPONSE regarding MOTION for Temporary Restraining Order #7 by Attorney Michael S. McIntyre on behalf of Defendant Scripps Media, Inc..(McIntyre, Michael) |
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Filing 14
TEXT ORDER granting #13 Unopposed Motion for Extension of Time to File a Responsive Pleading. Defendant shall have an extension of time to March 18, 2024, to file an answer or other responsive pleading to the complaint. 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 (to Complaint) by Attorney Michael S. McIntyre on behalf of Defendant Scripps Media, Inc.. (Attachments: #1 Text of Proposed Order)(McIntyre, Michael) |
| Filing 12 SUPPLEMENT regarding Index, #9 by Attorney Patrick J. Barrett on behalf of Plaintiff Stephen Lee Sisk. (Attachments: #1 Supplemental Declaration of Stephen Lee Sisk)(Barrett, Patrick) |
| Filing 11 TEXT NOTICE of Hearing regarding MOTION for Temporary Restraining Order #7 . A Motion Hearing is set for 3/8/2024 at 01:30 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. (TCL) |
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Filing 10
TEXT ORDER Setting Hearing on MOTION for Temporary Restraining Order, Filing No. 7, for 3/8/2024 at 01:30 PM in Courtroom 3, Roman L. Hruska Federal Courthouse, 111 South 18th Plaza, Omaha, NE before Senior Judge Joseph F. Bataillon. Ordered by Senior Judge Joseph F. Bataillon. (AEV)
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| Filing 9 INDEX in support of MOTION for Temporary Restraining Order #7 by Attorney Patrick J. Barrett on behalf of Plaintiff Stephen Lee Sisk. (Attachments: #1 Exhibit #1 - Affidavit of Stephen Lee Sisk with A and B)(Barrett, Patrick) |
| Filing 8 BRIEF in support of MOTION for Temporary Restraining Order #7 by Attorney Patrick J. Barrett on behalf of Plaintiff Stephen Lee Sisk.(Barrett, Patrick) |
| Filing 7 MOTION for Temporary Restraining Order by Attorney Patrick J. Barrett on behalf of Plaintiff Stephen Lee Sisk.(Barrett, Patrick) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent The E.W. Scripps Company for Scripps Media, Inc.. by Attorney Michael S. McIntyre on behalf of Defendants Scripps Media, Inc., The E.W. Scripps Company.(McIntyre, Michael) |
| Filing 5 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Defendant Scripps Media, Inc.. 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. (LKO) |
| Filing 4 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon 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. (LKO) |
| Filing 3 NOTICE of Appearance by Attorney Michael S. McIntyre on behalf of Defendant Scripps Media, Inc. (McIntyre, Michael) |
| Filing 2 RESPONSE by Attorney Michael S. McIntyre on behalf of Defendant Scripps Media, Inc.. (Attachments: #1 Exhibit 1-K. Choal Decl., #2 Exhibit 2-Agreement)(McIntyre, Michael) |
| Filing 1 NOTICE OF REMOVAL against Stephen Lee Sisk from Douglas County District Court, Case number CI 24 000917 ( Filing fee $ 405, receipt number ANEDC-5042005) with attached state court pleadings, by Attorney Michael S. McIntyre on behalf of Scripps Media, Inc. (Attachments: #1 Exhibit 1-State Court Documents, #2 Exhibit 2-Agreement, #3 Exhibit 3-K. Choal Decl., #4 Exhibit Notice of Notice of filing, #5 Civil Cover Sheet)(McIntyre, Michael) |
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| Plaintiff: Stephen Lee Sisk | |
| Represented By: | Patrick J. Barrett |
| Represented By: | Kristin Nalbach |
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| Defendant: Scripps Media, Inc. | |
| Represented By: | Michael S. McIntyre |
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