Ahern Rentals Inc. v. Young
| Ahern Rentals Inc. |
| John Matthew Young |
| 2:2021cv02190 |
| December 13, 2021 |
| US District Court for the District of Nevada |
| Jennifer A Dorsey |
| Brenda Weksler |
| Contract: Other |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on May 13, 2024. A more recent docket listing may be available from PACER.
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Filing 47
NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. AO 85 Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (A copy of form AO 85 has been mailed to parties not receiving electronic service.) (no image attached) (KF)
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Filing 46
SCHEDULING ORDER Granting #44 Discovery Plan and Scheduling Order. Discovery due by 6/21/2022. Motions due by 7/22/2022. Proposed Joint Pretrial Order due by 8/22/2022. Signed by Magistrate Judge Brenda Weksler on 2/8/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 45
ORDER. It is ORDERED that #6 Motion for Preliminary Injunction is GRANTED in part. On or before 2/11/2022, Young must turn over to Ahern, and cease any use of, Aherns documents that contain information concerning Aherns customers and pricing, as well as any other confidential information he is in possession of or has access to. #6 Motion is DENIED in all other respects.It is ORDERED that #14 Motion to to Dissolve or Modify Temporary Restraining Order is GRANTED. The TRO is vacated. It is ORDERED that #16 Motion to Stay Case is DENIED.It is ORDERED that 40 Motion for Order to Show Cause is DENIED as moot. It is ORDERED that #34 Motion to Seal 33 Brief and #41 Motion to Seal 40 Motion for Order to Show Cause are GRANTED. Signed by Judge Jennifer A. Dorsey on 2/7/2022. (Copies have been distributed pursuant to the NEF - KF)
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Filing 44
Stipulated Discovery Plan and Scheduling Order by Plaintiff Ahern Rentals Inc.. (Kim, Emil)
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Filing 43
RESPONSE to 33 Brief re #6 Motion for Preliminary Injunction, by Defendant John Matthew Young. (Attachments: #1 Exhibit John Young Deposition Transcript Excerpts, #2 Exhibit Emails from John Young (Redacted)) (DiRaimondo, Anthony) Modified to add link on 1/31/2022 (MR).
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Filing 41
MOTION to Seal 40 Motion for Order to Show Cause, by Plaintiff Ahern Rentals Inc.. (Kim, Emil)
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Filing 39
NOTICE of New Authority by Ahern Rentals Inc.. (Attachments: #1 Exhibit A - Memorandum and Recommendation) (Kim, Emil)
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Filing 37
CLERK'S NOTICE. Attorney Action Required to ECF No. 35 . ERROR: Document does not comply with Local Rule IA 10-3. Counsel is advised to file an Index of Exhibits ONLY using the event Notice of Corrected Image/Document. (no image attached) (MR)
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Filing 36
PROTECTIVE ORDER. ORDER Granting #32 Stipulated Protective Order. Signed by Magistrate Judge Brenda Weksler on 1/25/2022.(Copies have been distributed pursuant to the NEF - KF)
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Filing 34
MOTION to Seal 33 Brief,,, by Plaintiff Ahern Rentals Inc.. (Kim, Emil)
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Filing 32
STIPULATED PROTECTIVE ORDER by Plaintiff Ahern Rentals Inc.. (Kim, Emil)
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Filing 31
MINUTES OF PROCEEDINGS - Motion Hearing held via videoconference on 1/18/2022 before Judge Jennifer A. Dorsey. Crtrm Administrator: Danielle Cacciabaudo; Pla Counsel: Bill Foster, Emil Kim; Def Counsel: Edward Gaskins, Anthony DiRaimondo; Court Reporter: Amber McClane; Time of Hearing: 9:34 a.m. - 10:26 a.m.; Courtroom: 6D;The Court makes preliminary remarks and hears representations of counsel on the Emergency Motion for Preliminary Injunction #6 and the Emergency Motion to Dissolve or Modify Temporary Restraining Order #14 . As stated on the record, the Court needs supplemental briefing from the parties to issue her ruling. Accordingly, Ahern has 5 days to file its supplemental brief of no more than 10 pages. Defendant Young will then have 5 days to file his response of no more than 10 pages. IT IS FURTHER ORDERED that the TRO is extended an additional 20 days. Court adjourns. (no image attached) (Copies have been distributed pursuant to the NEF - DC)
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Filing 30
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 1/17/2022. By Deputy Clerk: Danielle Cacciabaudo. IT IS HEREBY ORDERED that the motion hearing scheduled for 1/18/2022 will be conducted via video. The hearing will be conducted using Zoom video conference. The courtroom administrator will provide counsel listed on the docket with the Zoom link to attend the video conference. Counsel is instructed not to forward the link to others. If additional participants need to appear, counsel is directed to contact Courtroom Administrator Danielle Cacciabaudo at danielle_cacciabaudo@nvd.uscourts.gov. Members of the public may access and listen to the hearing by calling 888-808-6929 and entering access code 2178469 no later than five minutes before the scheduled hearing start time. For clarity of the record and best participation, the Court strongly recommends that all participants use a headset with a microphone during the hearing.Photographing, recording, and rebroadcasting of court proceedings is strictly prohibited. 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. Counsel is reminded that this is a formal court proceeding and that proper courtroom attire is expected. (no image attached) (Copies have been distributed pursuant to the NEF - DC)
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Filing 29
Joint STATUS REPORT by Plaintiff Ahern Rentals Inc.. (Kim, Emil)
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Filing 28
REPLY to Response to #6 Motion for Preliminary Injunction, by Plaintiff Ahern Rentals Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1-Correspondence to EQS re Young Restrictive) (Kim, Emil)
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Filing 27
ORDER Granting #26 Verified Petition for Permission to Practice Pro Hac Vice for Attorney William Foster for Ahern Rentals Inc. and approving Designation of Local Counsel Emil S Kim. Signed by Judge Jennifer A. Dorsey on 1/12/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - JQC)
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Filing 26
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by William H. Foster and DESIGNATION of Local Counsel Emil S. Kim (Filing fee $ 250 receipt number 0978-6758228) by Plaintiff Ahern Rentals Inc.. (Kim, Emil)
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Filing 25
RESPONSE to #16 Motion to Stay Case by Plaintiff Ahern Rentals Inc.. Replies due by 1/17/2022. (Kim, Emil)
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Filing 24
ORDER granting #21 Verified Petition for Permission to Practice Pro Hac Vice for E. Brandon Gaskins for John Matthew Young and approving Designation of Local Counsel. Signed by Judge Jennifer A. Dorsey on 1/7/2022. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov(Copies have been distributed pursuant to the NEF - KF)
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Filing 23
CLERK'S NOTICE Regarding Local Rule IC 5-1(b). ECF No. #22 was not filed pursuant to LR IC 5-1(b). Please note the signatory must be the attorney or pro se party who electronically files the document. No further action is required concerning this document at this time. (no image attached) (MR)
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Filing 22
RESPONSE to #14 Motion to Vacate, by Plaintiff Ahern Rentals Inc.. Replies due by 1/13/2022. (Attachments: #1 Exhibit Index, #2 Exhibit A - Email on March 3, 2021 attaching customer target, #3 Exhibit B - Email on September 14, 2021) (Kim, Emil)
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Filing 21
MOTION/VERIFIED PETITION for Permission to Practice Pro Hac Vice by E. Brandon Gaskins and DESIGNATION of Local Counsel Anthony J. DiRaimondo (Filing fee $ 250 receipt number 0978-6752876) by Defendant John Matthew Young. (Attachments: #1 Exhibit Certificate of Good Standing) (DiRaimondo, Anthony)
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Filing 20
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 12/29/2021. ORDER continuing hearing on #6 Motion for Preliminary Injunction. On December 22, 2021, the court entered an order granting in part Ahern Rentals Inc.'s Emergency Motion for a Temporary Restraining Order and set various hearings and deadlines #13 . Defendant John Matthew Young has filed three of his own emergency motions: to stay the case, to dissolve or modify the TRO, and to continue the various deadlines and the preliminary-injunction hearing #14 #15 #16 . Good cause appearing, IT IS HEREBY ORDERED that the request to continue the hearing and related deadlines #15 is GRANTED in part. The hearing on the motion for preliminary injunction is continued to 1/18/2022 at 9:30 a.m. in LV Courtroom 6D by videoconference before Judge Jennifer A. Dorsey. The TRO is extended and will expire at 5:00 p.m. on 1/18/2022. Defendant's deadline for a response to the motion for preliminary injunction #6 is extended to 1/7/2022, and the reply deadline is extended to 1/12/2022. The court will consider defendant's motions to stay this case and dissolve the TRO #14 #16 at the 1/18/2022 hearing. (no image attached) (Copies have been distributed pursuant to the NEF - JAD)
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Filing 19
RESPONSE to #6 Motion for Preliminary Injunction, by Defendant John Matthew Young. Replies due by 1/5/2022. (Attachments: #1 Exhibit Declaration of Young, #2 Exhibit Minute Order Granting Summary Judgment, #3 Appendix Printout from https://www.calcmaps.com/map-radius/, #4 Appendix Printout from https://www.calcmaps.com/map-radius/, #5 Appendix Printout from https://www.calcmaps.com/map-radius/, #6 Index Index of Exhibits) (DiRaimondo, Anthony)
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Filing 18
STATEMENT REGARDING REMOVAL by Defendant John Matthew Young. (DiRaimondo, Anthony)
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Filing 17
CERTIFICATE of Cash Deposit as to Littler Mendelson: $ 200.00, receipt number NVLAS078960 Re #13 Order on Motion for Temporary Restraining Order. (JQC)
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Filing 16
Emergency MOTION to Stay Case by Defendant John Matthew Young. Responses due by 1/10/2022. (Attachments: #1 Exhibit Declaration of E. Brandon Gaskins) (DiRaimondo, Anthony)
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Filing 15
Emergency MOTION to Continue Hearing re #13 Order on Motion for TRO,,, Temporary Restraining Order,, by Defendant John Matthew Young. (Attachments: #1 Exhibit Declaration of John Matthew Young, #2 Exhibit Declaration of E. Brandon Gaskins) (DiRaimondo, Anthony)
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Filing 14
Emergency MOTION to to Dissolve or Modify Temporary Restraining Order By Continuing Hearing and Related Deadlines by Defendant John Matthew Young. (Attachments: #1 Exhibit Declaration of John Matthew Young, #2 Exhibit Declaration of E. Brandon Gaskins) (DiRaimondo, Anthony) Modified on 12/27/2021 (EDS).
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Filing 13
TEMPORARY RESTRAINING ORDER granting in part and denying in part #5 Motion for Temporary Restraining Order. TRO to expire at 5:00 PM on 1/4/22. Plaintiff to post $200 bond by 5:00 PM on 12/27/2021. Deadlines set re: #6 Motion for Preliminary Injunction. Responses due by 12/29/2021. Replies due by 1/3/2022. Motion Hearing set for 1/4/2022 at 01:30 PM in LV Courtroom 6D by videoconference before Judge Jennifer A. Dorsey. Signed by Judge Jennifer A. Dorsey on 12/22/2021. (Copies have been distributed pursuant to the NEF - KF)
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Filing 12
ORDER Granting in part and Denying in part #7 Motion to Expedite Discovery. Plaintiff shall be permitted to depose Defendant (virtually) three days (at the latest) prior to the date set for the hearing on injunctive relief. The deposition shall last no more than three hours. See Order for additional specific instruction. Signed by Magistrate Judge Brenda Weksler on 12/22/2021. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 11
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 12/22/2021. IT IS ORDERED that the informal discovery conference set for 12/22/2021 regarding ECF No. #7 is hereby VACATED. A written order will be issued. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 10
RESPONSE to #7 Motion to Expedite,, by Defendant John Matthew Young. Replies due by 12/29/2021. (Attachments: #1 Exhibit Declaration of John Matthew Young) (DiRaimondo, Anthony)
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Filing 9
MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge Brenda Weksler on 12/21/2021. Regarding ECF No. #7 Plaintiff's Emergency Motion to Expedite Discovery and Preserve Evidence: IT IS ORDERED that Defendant's response is due by noon (PST) on 12/22/2021. IT IS FURTHER ORDERED that the parties will telephonically meet with Judge Weksler for an informal discovery conference at 3:00 p.m. (PST) on 12/22/2021. Parties must call (877) 810-9415, access code 2365998, five minutes before the conference. (no image attached) (Copies have been distributed pursuant to the NEF - RA)
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Filing 8
ANSWER re #1 Petition for Removal,, Answer to Ahern's Complaint for Damages and Injunctive Relief filed by John Matthew Young. Discovery Plan/Scheduling Order due by 2/4/2022.(DiRaimondo, Anthony) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Filing 7
Emergency MOTION to Expedite Discovery re #6 Motion for Preliminary Injunction, #5 Motion for TRO, by Plaintiff Ahern Rentals Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Agreement, #3 Exhibit 2 - Declaration of Mike Vawter, #4 Exhibit 3 - May 10, 2021 Letter, #5 Exhibit 4 - Declaration of Emil Kim in support of Emergency Motion for Leave to Conduct Limited Expedited Discovery and for an Order to Preserve Evidence, #6 Exhibit 5 - Proposed Plaintiff's First Set of Expedited Requests for Production to John Young, #7 Exhibit 6 - Proposed Plaintiff's First Set of Expedited Interrogatories to John Young) (Kim, Emil)
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Filing 6
Emergency MOTION for Preliminary Injunction re #1 Petition for Removal,, by Plaintiff Ahern Rentals Inc.. Responses due by 1/3/2022. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Declaration of Mike Vawter, #3 Exhibit 2 - Agreement, #4 Exhibit 3 - May 10, 2021 Letter, #5 Exhibit 4 - Declaration of Emil Kim in support of Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction) (Kim, Emil)
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Filing 5
Emergency MOTION for Temporary Restraining Order re #1 Petition for Removal,, by Plaintiff Ahern Rentals Inc.. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Declaration of Mike Vawter, #3 Exhibit 2 - Agreement, #4 Exhibit 3 - May 10, 2021 Letter, #5 Exhibit 4 - Declaration of Emil Kim in support of Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction) (Kim, Emil)
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Filing 4
CERTIFICATE of Interested Parties by John Matthew Young. There are no known interested parties other than those participating in the case (DiRaimondo, Anthony)
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Filing 3
NOTICE TO COUNSEL PURSUANT TO LOCAL RULE IA 11-2. Counsel Brandon Gaskins to comply with completion and filing of the Verified Petition and Designation of Local Counsel. For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov. Upon approval of the Verified Petition, counsel is required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of documents. Please visit the Court's website www.nvd.uscourts.gov to register Attorney. Verified Petition due by 12/27/2021. (no image attached) (DRS)
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Filing 2
MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey on 12/13/2021. Statement regarding removed action is due by 12/28/2021. Joint Status Report regarding removed action is due by 1/12/2022. (Copies have been distributed pursuant to the NEF - DRS)
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Filing 1
PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Case Number A-21-844000-B, (Filing fee $ 402 receipt number 0978-6730069) by John Matthew Young. (Attachments: #1 Exhibit A - Summons, Complaint and Initial Appearance Fee Disclosure, #2 Exhibit B - Motion for Temporary Retraining Order, #3 Exhibit C - Notice of Filing of Notice of Removal, #4 Civil Cover Sheet) (DiRaimondo, Anthony) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Attorney update in case due to case entry error by counsel: Attorney Patrick H. Hicks and Emil S Kim for Plaintiff Ahern Rentals Inc. NEF of Petition for Removal will be regenerated. David A. Carroll, Robert Edward Opdyke, and Brandon Gaskins for John Matthew Young added. (DRS)
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Case randomly assigned to Judge Jennifer A. Dorsey and Magistrate Judge Brenda Weksler. (Chambers shall be notified of what appears to be a pending TRO filed at [1-2] - DRS)
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