DIAMOND CHEMICAL COMPANY, INC. v. GURTLER INDUSTRIES, INC. et al
| DIAMOND CHEMICAL COMPANY, INC. |
| GURTLER INDUSTRIES, INC., HEBERT MICHAEL, GORDON ALAN, MICHAEL HEBERT and ALAN GORDON |
| 2:2021cv01468 |
| January 29, 2021 |
| US District Court for the District of New Jersey |
| Leda D Wettre |
| Susan D Wigenton |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 46
TEXT ORDER The parties having brought discovery issues before the Court by way of ECF 44 and 45, and the Court having held a telephone conference concerning this issues, it is hereby ORDERED that (1) defendant Hebert shall make his I-Cloud backup, personal computer and Gmail account available forthwith for imaging by a forensic expert to be retained and paid by plaintiff's counsel, and the images shall be held by the expert without providing access to plaintiff's counsel until a protocol for accessing the data is agreed by counsel; (2) plaintiff may serve an interrogatory upon defendant Hebert on or before March 30, 2021 concerning where he may have saved plaintiff's information, and Hebert shall respond to that interrogatory and certify his response on or before April 2, 2021. So Ordered by Magistrate Judge Leda D. Wettre on 3/26/2021. (Wettre, Leda)
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| Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 3/26/2021. (kd) |
| Filing 45 Letter from Thomas G. Gardiner, Esq. to the Honorable Leda D. Wettre, U.S.M.J. (GREENBERG, BRUCE) |
| Filing 44 Letter from Lauren M. Paxton. (PAXTON, LAUREN) |
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Filing 43
TEXT ORDER At the request of counsel, there shall be a telephone conference on March 26, 2021 at 4 pm to address emergent issues that cannot await the previously scheduled conference in April. Letters with all issues intended to be raised at the conference shall be filed by the close of business on March 25, 2021. To the extent any matters in the letters are confidential and cannot be filed on the public docket, they may be emailed to ldw_orders@njd.uscourts.gov. Counsel shall dial 1-888-684-8852, access code 8948139#. So Ordered by Magistrate Judge Leda D. Wettre on 3/24/2021. (Wettre, Leda)
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| Filing 42 Letter from Lauren M. Paxton. (PAXTON, LAUREN) |
| Filing 41 Letter from Thomas G. Gardiner, Esq. to the Honorable Leda D. Wettre, U.S.M.J re #39 Letter, #38 Letter. (GREENBERG, BRUCE) |
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Filing 40
ORDER granting #12 Motion to Seal Document; that the information identified in Appendix A to the Declaration of Lauren Paxton Lee (ECF No. 12-2) is hereby ordered SEALED; that plaintiff is directed to file public, redacted versions of the above-referenced documents within 14 days of the date of this Order. Signed by Magistrate Judge Leda D. Wettre on 3/11/2021. (ld, )
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| Filing 39 Letter from Thomas G. Gardiner, Esq. to the Honorable Leda D. Wettre, U.S.M.J. (GREENBERG, BRUCE) |
| Filing 38 Letter from Lauren M. Paxton. (PAXTON, LAUREN) |
| Filing 37 SUMMONS Returned Executed by DIAMOND CHEMICAL COMPANY, INC.. GURTLER INDUSTRIES, INC. served on 2/4/2021, answer due 2/25/2021. (PAXTON, LAUREN) |
| Filing 36 Summons Returned Unexecuted by DIAMOND CHEMICAL COMPANY, INC. as to GURTLER INDUSTRIES, INC.. (PAXTON, LAUREN) |
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Filing 35
TEXT ORDER - A telephonic conference is set for 4/12/2021 at 4:30 p.m. before Magistrate Judge Leda D. Wettre. At the allotted time, counsel shall dial (888) 684-8852, access code 8948139. The parties shall file a joint letter proposing a discovery schedule at least three business days in advance of the conference. So Ordered by Magistrate Judge Leda D. Wettre on 3/1/2021. (kd)
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Filing 34
ORDER denying #2 Motion to Dismiss; denying #2 Motion to Transfer Case; that plaintiff's request for a preliminary injunction is denied except as setforth herein; that plaintiff's motion for expedited discovery is denied exceptas set forth below; that defendants' request that no discovery occur until after a decision on defendants' pending motion to dismiss, transfer, or stay this action (ECF No. 2) is denied; that the temporary restraints previously imposed by the Court (ECF No. 18) are vacated;etc. Signed by Judge Susan D. Wigenton on 2/25/2021. (ld, )
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| Filing 33 BRIEF in Support filed by All Defendants re #2 MOTION to Dismiss , STAY, OR MOTION to Transfer Case to THE CENTRAL DISTRICT OF CALIFORNIA (GREENBERG, BRUCE) |
| Pro Hac Vice counsel, JOHN SCHEFLOW, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jc, ) |
| Filing 32 Notice of Request by Pro Hac Vice John Scheflow, Esq. to receive Notices of Electronic Filings. (GREENBERG, BRUCE) |
| Pro Hac Vice fee as to John Scheflow: $ 150, receipt number CAM012280 (dmr) |
| Filing 31 BRIEF in Opposition filed by DIAMOND CHEMICAL COMPANY, INC. re #2 MOTION to Dismiss , STAY, OR MOTION to Transfer Case to THE CENTRAL DISTRICT OF CALIFORNIA (Attachments: #1 Declaration of Harold Diamond)(MULLENS, GREGORY) |
| Filing 30 Transcript of Order to Show Cause held on February 10, 2021, before Judge Susan D. Wigenton. Court Reporter: Joanne Sekella (908-310-1177). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 3/9/2021. Redacted Transcript Deadline set for 3/19/2021. Release of Transcript Restriction set for 5/17/2021. (wh) |
| Filing 29 Minute Entry for proceedings held before Judge Susan D. Wigenton: Motion Hearing held on 2/10/2021 re #4 MOTION for Temporary Restraining Order and Order to Show Cause Against All Defendants filed by DIAMOND CHEMICAL COMPANY, INC.. (Court Reporter/Recorder JOANNE SEKELLA.) (cds) |
| Filing 28 Proposed Order Entering Preliminary Injunction by DIAMOND CHEMICAL COMPANY, INC.. (PAXTON, LAUREN) |
| Filing 27 AFFIDAVIT in Support - Declaration by Plaintiff's President Regarding Ongoing Investigation and Significance of Additional Information Deleted and Downloaded by Defendant Hebert, in Further Support of Motion for a Preliminary Injunction by DIAMOND CHEMICAL COMPANY, INC.. (PAXTON, LAUREN) |
| Filing 26 AFFIDAVIT in Support - Declaration by Plaintiff's IT Staff Regarding Ongoing Investigation and Additional Information Deleted and Downloaded by Defendant Hebert, in Further Support of Motion for a Preliminary Injunction by DIAMOND CHEMICAL COMPANY, INC.. (PAXTON, LAUREN) |
| Filing 25 Exhibit Index to Re #24 Motion for Preliminary Injunction. (PAXTON, LAUREN) |
| Filing 24 MOTION for Preliminary Injunction - Plaintiff's Reply in Further Support by DIAMOND CHEMICAL COMPANY, INC.. (Attachments: #1 Exhibit A)(PAXTON, LAUREN) |
| Filing 23 CERTIFICATE OF SERVICE by DIAMOND CHEMICAL COMPANY, INC. (PAXTON, LAUREN) |
| Filing 22 BRIEF MEMORANDUM OF LAW IN IN OPPOSITION TO TEMPORARY RELIEF (Attachments: #1 Declaration of Thomas Gariner, #2 Declaration of Michael Herbert, #3 Declaration of Alan Gordon, #4 Supplemental Declaration of Michael Herbert)(GREENBERG, BRUCE) |
| Filing 21 Letter from Bruce D. Greenberg to the Honorable Susan D. Wigenton, U.S.D.J. (Attachments: #1 Declaration of Michael Herbert)(GREENBERG, BRUCE) |
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Filing 20
ORDER FOR ADMISSION OF THOMAS G. GARDINER, ESQ. AND JOHN SCHEFLOW, ESQ.. Signed by Magistrate Judge Leda D. Wettre on 2/4/2021. (ld, )
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| Filing 19 APPLICATION/PETITION for Thomas G. Gardiner, Esq. and John Scheflow, Esq. to be admitted pro hac vice for by ALAN GORDON, GURTLER INDUSTRIES, INC., MICHAEL HEBERT. (Attachments: #1 Certification of Thomas G. Gardiner, Esq., #2 Certification of John Scheflow, Esq., #3 Text of Proposed Order)(GREENBERG, BRUCE) |
| Set Deadlines as to #12 First MOTION to Seal Document. Motion set for 3/1/2021 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) |
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Filing 18
ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION AGAINST GURTLER INDUSTRIES, INC., MICHAEL HEBERT, AND ALAN GORDON; that Defendants shall appear and show cause before the United States District Courtfor the District of New Jersey, before the Honorable Judge Susan D. Wigenton at the Martin Luther King Building & United States Courthouse, 50 Walnut Street, Newark, New Jersey 07102, at 11:00 a.m. on the 10th day of February, 2021; that Plaintiff and/or its authorized representative must serve a copy of this Order, together with Plaintiff's Verified Complaint and the Memorandum of Law in support of the Application, on or before February 3, 2021 at 12:00 p.m. upon counsel of record for Defendants, via email to Bruce D. Greenberg (bgreenberg@litedepalma.com) and overnight delivery to 570 Broad Street, Suite 1201, Newark, NJ 07102; *Defendants are to file opposition to the Order to Show Cause no later than Friday, February 5, 2021 at 4 pm; Plaintiff's reply shall be filed no later than Monday, February 8, 2021 at 4 pm.. Signed by Judge Susan D. Wigenton on 2/2/2021. (ld, )
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| Filing 17 Letter from Bruce D. Greenberg to the Honorable Susan D. Wigenton, U.S.D.J. (GREENBERG, BRUCE) |
| Filing 16 Corporate Disclosure Statement by ALAN GORDON, GURTLER INDUSTRIES, INC., MICHAEL HEBERT. (GREENBERG, BRUCE) |
| Filing 15 SUMMONS Returned Executed by DIAMOND CHEMICAL COMPANY, INC.. (PAXTON, LAUREN) |
| Filing 14 Summons Returned Unexecuted by DIAMOND CHEMICAL COMPANY, INC. as to ALAN GORDON. (PAXTON, LAUREN) |
| Filing 13 CERTIFICATE OF SERVICE by DIAMOND CHEMICAL COMPANY, INC. (PAXTON, LAUREN) |
| Filing 12 First MOTION to Seal Document by All Plaintiffs. (Attachments: #1 Declaration, #2 Appendix, #3 Text of Proposed Order)(MULLENS, GREGORY) |
| Filing 11 Letter from Plaintiff in Support of Order to Show Cause - Proposed Expedited Discovery Requests. (PAXTON, LAUREN) |
| Filing 10 Corporate Disclosure Statement by DIAMOND CHEMICAL COMPANY, INC. identifying Diamond Chemical Holding Corp as Corporate Parent.. (PAXTON, LAUREN) |
| Filing 9 NOTICE of Appearance by GREGORY SONAM MULLENS on behalf of DIAMOND CHEMICAL COMPANY, INC. (MULLENS, GREGORY) |
| Filing 8 NOTICE of Appearance by LAUREN MARY PAXTON on behalf of DIAMOND CHEMICAL COMPANY, INC. (PAXTON, LAUREN) |
| Filing 7 DEMAND for Trial by Jury by DIAMOND CHEMICAL COMPANY, INC.. (PAXTON, LAUREN) |
| Filing 6 Certification on behalf of DIAMOND CHEMICAL COMPANY, INC. Re #5 Statement. (PAXTON, LAUREN) |
| Filing 5 STATEMENT LOCAL CIVIL RULE 10.1(a) by DIAMOND CHEMICAL COMPANY, INC.. (PAXTON, LAUREN) |
| Filing 4 MOTION for Temporary Restraining Order and Order to Show Cause Against All Defendants by DIAMOND CHEMICAL COMPANY, INC.. (Attachments: #1 Text of Proposed Order Proposed Order to Show Cause with Temporary Restraints, #2 Brief Supplemental Memorandum of Law in Support, #3 Declaration Declaration of Lauren M. Paxton in Support, #4 Exhibit Exhibit A to Paxton Declaration, #5 Exhibit Exhibit B to Paxton Declaration - Verified Complaint, #6 Exhibit Exhibit C to Paxton Declaration - Memorandum of Law in Support of Order to Show Cause with Temporary Restraints, #7 Exhibit Exhibit D to Paxton Declaration - Affidavit of Jason DeLotto in Support, #8 Exhibit Exhibit E to Paxton Declaration - Affidavit of Matthew Merrick in Support, #9 Exhibit Exhibit F to Paxton Declaration)(PAXTON, LAUREN) |
| Filing 3 DECLARATION of Thomas G. Gardiner, Esq. re #2 MOTION to Dismiss , STAY, OR MOTION to Transfer Case to THE CENTRAL DISTRICT OF CALIFORNIA by ALAN GORDON, GURTLER INDUSTRIES, INC., MICHAEL HEBERT. (GREENBERG, BRUCE) |
| Filing 2 MOTION to Dismiss , STAY, OR, MOTION to Transfer Case to THE CENTRAL DISTRICT OF CALIFORNIA by All Defendants. (Attachments: #1 Brief, #2 Declaration of Thomas G. Gardiner, Esq., #3 Declaration of Alan Gordon, #4 Declaration of Michael Hebert, #5 Text of Proposed Order)(GREENBERG, BRUCE). |
| Judge Susan D. Wigenton and Magistrate Judge Leda D. Wettre added. (ps) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Cause of Action, Party Information, Removal-Other Court Information. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jc, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The Declaration of Thomas G. Gardiner (ECF No. 2-2), submitted as part of the #2 MOTION to Dismiss, etc. by Bruce Greenberg on 2/1/21, contains an improper signature. Only the filing user (Bruce Greenberg) is permitted to sign electronically filed documents with an s/. PLEASE RESUBMIT the Declaration Only using the event Exhibit (to Document) and link back to the motion. This submission will remain on the docket unless otherwise ordered by the court. (jc, ) |
| Set Deadlines as to #2 MOTION to Dismiss, STAY, OR MOTION to Transfer Case to THE CENTRAL DISTRICT OF CALIFORNIA. Motion set for 3/1/2021 before Judge Susan D. Wigenton. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jc, ) |
| Filing 1 NOTICE OF REMOVAL by GORDON ALAN, HEBERT MICHAEL, GURTLER INDUSTRIES, INC. from Superior Court of New Jersey, Chancery Division, Bergen County, case number BER-C-15-21. ( Filing and Admin fee $ 402 receipt number ANJDC-12059816), filed by GORDON ALAN, HEBERT MICHAEL, GURTLER INDUSTRIES, INC..(GREENBERG, BRUCE) |
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