West Shore Home, LLC v. Wenz et al
| West Shore Home, LLC |
| Jacqueline Wenz, Neil Wenz and East Coast Shower and Bath, LLC |
| 5:2021cv00107 |
| March 5, 2021 |
| US District Court for the Eastern District of North Carolina |
| Richard E Myers |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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| Filing 20 Minute Entry for proceedings held before Chief US District Judge Richard E. Myers II: Motion Hearing held in Wilmington 3/11/2021. Counsel for both parties present. Opening remarks by the court. The court hears arguments from the parties. After hearing from counsel, the court will issue the preliminary injunction with revisions as discussed. A written order to follow. (Court Reporter Risa Kramer) (Waddell, K.) (Waddell, K.). |
| Filing 19 Notice of Special Appearance for non-district by Sara E. Myirski on behalf of West Shore Home, LLC. (Myirski, Sara) |
| Filing 18 Notice of Special Appearance for non-district by Thomas G. Collins on behalf of West Shore Home, LLC. (Collins, Thomas) |
Filing 17
ORDER granting #16 Motion for Leave to File in Paper and Request to Appear Telephonically. Counsel for Defendants will be permitted to file in paper form until such time as he qualifies for CM/ECF system participation. Defendants and counsel for Defendants will be permitted to attend tomorrow's motion hearing telephonically. Conference call instructions will be sent to counsel by email. Signed by Chief US District Judge Richard E. Myers II on 3/10/2021. (Copy of Order and call-in instructions sent to Jeffrey McMillion via electronic mail.) (Waddell, K.)
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| Filing 16 MOTION for Leave to File in Paper and Request to Appear Telephonically, filed by Jeffrey McMillion on behalf of all defendants. (Waddell, K.) |
| Filing 15 Notice of Appearance, filed by Jeffery McMillion on behalf of all defendants. (Waddell, K.) |
| Filing 14 Memorandum in Support regarding #2 First MOTION for Temporary Restraining Order filed by West Shore Home, LLC. (Warren, Caroline) |
| Notice to Counsel regarding: #14 Memorandum in Support. Attorneys Thomas G. Collins and Sara E. Myirski are listed as counsel for plaintiff, but have not yet filed special notices of appearance with the court. Counsel should file their respective appearances prior to signing and electronically signing pleadings and other documents filed with the court. (Waddell, K.) |
| Document Submitted: #14 Supplemental Memorandum in Support submitted to Chief US District Judge Richard E. Myers II. (Waddell, K.) |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #16 MOTION for Leave to File in Paper and Request to Appear Telephonically. (Waddell, K.) |
| NOTICE TO COUNSEL regarding #16 Motion for Leave to File in Paper and Request to Appear Telephonically. Counsel is reminded that in future filings, a non-dispositive motion must be accompanied by a proposed order. Additionally, pursuant to Chief US District Judge Richard E. Myers II Practice Preferences, counsel shall also email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. Failure to comply with these requirements in future filings may result in notice of deficiency. (Copy of Notice sent to Jeffrey McMillion, 200 N. Main Street, Graham, NC 27253 via US Mail.) (Waddell, K.) |
| Filing 13 Affidavit of Service for Summons and Complaint filed by West Shore Home, LLC served on Jacqueline Wenz on March 8, 2021. (Warren, Caroline) |
| Filing 12 Affidavit of Service for Summons and Complaint filed by West Shore Home, LLC served on Neil Wenz on March 8, 2021. (Warren, Caroline) |
| Filing 11 Affidavit of Service for Summons and Complaint filed by West Shore Home, LLC served on East Coast Shower and Bath, LLC on March 8, 2021. (Warren, Caroline) |
| Filing 10 Certificate of Service filed by West Shore Home, LLC regarding #6 Order Setting Hearing on Motion,, Pursuant to March 8, 2021 Text Order. (Attachments: #1 Exhibit A Proof of Email Service, #2 Exhibit B Affidavit of Personal Service East Coast Shower and Bath, LLC, #3 Exhibit C Affidavit of Personal Service Jacqueline Wenz, #4 Exhibit D Affidavit of Personal Service Neil Wenz) (Warren, Caroline) |
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Filing 9
ORDER denying #7 Motion to Expedite Discovery and #8 Motion for Order of Court Directing Preservation of Documents, Software, and Things. Counsel is reminded to read the Order in its entirety for other critical information. Signed by Chief US District Judge Richard E. Myers II on 3/9/2021. (Waddell, K.)
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| Notice to Counsel regarding: #7 Motion to Expedite. Counsel did not properly identify exhibits pursuant to Section V.E. of the CM/ECF Policies and Procedures Manual (i.e., "Exhibit 1" is not a sufficient description). Case Administrator corrected the entry to include the description for the exhibits. No action by counsel is required at this time. (Edwards, S.) |
| Filing 8 First MOTION Order of Court Directing Preservation of Documents, Software, and Things filed by West Shore Home, LLC. (Attachments: #1 Text of Proposed Order) (Warren, Caroline) |
| Filing 7 First MOTION to Expedite Discovery filed by West Shore Home, LLC. (Attachments: #1 Exhibit A - Plaintiff's First Set of Interrogatories to Neil Wenz, #2 Exhibit B - Plaintiff's First Set of Interrogatories to East Coast Shower and Bath, LLC, #3 Exhibit C - Plaintiff's First Request for Production of Documents to Neil Wenz, #4 Exhibit D - Plaintiff's First Request for Production of Documents to East Coast Shower and Bath, LLC, #5 Exhibit E - Notice of Videotaped Deposition of Neil Wenz, #6 Exhibit F - Notice of Videotaped Deposition of Jacqueline Wenz, #7 Exhibit G - Corporate Notice of Deposition to East Coast Shower and Bath, LLC, #8 Text of Proposed Order) (Warren, Caroline) |
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Filing 6
ORDER regarding #2 MOTION for Temporary Restraining Order. The motion is DENIED IN PART: the request for a temporary restraining order is DENIED and the request for a preliminary injunction is SET FOR HEARING on Thursday, March 11, 2021, at 10:00 am before Chief US District Judge Richard E. Myers II in Wilmington Courtroom 160. Any requests for telephonic or remote attendance shall be made by motion no later than Wednesday, March 10, 2021, at 10:00 am. Signed by Chief US District Judge Richard E. Myers II on 3/8/2021. (Copy of Order sent to Defendants Neil Wenz, Jacqueline Wenz, and East Coast Shower and Bath, LLC at the following address: 139 Edmondson Dr., Willow Spring, NC 27592 via US Mail.) (Waddell, K.)
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| Filing 5 Summons Issued as to East Coast Shower and Bath, LLC, Jacqueline Wenz, Neil Wenz. (*NOTICE: Counsel shall print the attached summons and serve with other case opening documents in accordance with Fed.R.Civ.P. 4.*) (Rudd, D.) |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #7 First MOTION to Expedite Discovery. (Waddell, K.) |
| TEXT ORDER: Plaintiff is DIRECTED to provide a copy of the Order at Docket Entry #6 to Defendants as soon as possible and no later than close of business tomorrow, Tuesday, March 9, 2021. Furthermore, Plaintiff SHALL file on the Docket a Certificate of Service demonstrating compliance with this order. Entered by Chief US District Judge Richard E. Myers II on 3/8/2021. (Waddell, K.) |
| NOTICE OF DEFICIENCY regarding #8 Motion for Order of Court Directing Preservation of Documents, Software, and Things filed by West Shore Home, LLC. Pursuant to District Judge Richard E. Myers II Practice Preferences, counsel shall email proposed orders in a word processing format to Documents_Judge_Myers@nced.uscourts.gov. (Waddell, K.) |
| Motion Submitted to Chief US District Judge Richard E. Myers II regarding #8 First MOTION for Order of Court Directing Preservation of Documents, Software, and Things. (Waddell, K.) |
| Filing 4 Financial Disclosure Statement by West Shore Home, LLC (Warren, Caroline) |
| Filing 3 Notice of Appearance filed by Caroline Bassett Warren on behalf of West Shore Home, LLC. (Warren, Caroline) |
| Filing 2 First MOTION for Temporary Restraining Order and Preliminary Injunction filed by West Shore Home, LLC. (Attachments: #1 Memorandum in Support of Motion for Temporary Restraining Order and Preliminary Injunction, #2 Text of Proposed Temporary Restraining Order) (Warren, Caroline) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0417-5913899.), filed by West Shore Home, LLC. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons Neil Wenz, #3 Proposed Summons Jacqueline Wenz, #4 Proposed Summons East Coast Shower and Bath LLC, #5 Exhibit Complaint Verification, #6 Exhibit A, Declaration of Jacob Peffley, #7 Exhibit B, Declaration of Danny Fisher) (Warren, Caroline) |
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