Keller North America, Inc. v. Earl et al
| Keller North America, Inc. |
| Jeremy Earl, Donald Ray Williams, Josh Senk and Michels Corporation |
| 1:2020cv02401 |
| October 22, 2020 |
| US District Court for the Northern District of Ohio |
| Christopher A Boyko |
| David A Ruiz |
| Defend Trade Secrets Act (of 2016) |
| Both |
Docket Report
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This docket was last retrieved on July 6, 2022. A more recent docket listing may be available from PACER.
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Filing 43
Order of Case Dismissal. Judge David A. Ruiz on 7/6/2022. Related document #42 . (G,CA)
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Copy of #43 Order Dismissing Case mailed to Jeremy Earl, 17835 English Drive, Chagrin Falls, OH 44023 on 7/6/2022. (G,CA)
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Filing 42
Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by Keller North America, Inc.. (Somogye, Matthew)
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Copy of Order (NEF dated 5/13/2022) mailed to Jeremy Earl, 17835 English Drive, Chagrin Falls, OH 44023 on 5/13/2022. (G,CA)
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Order [non-document] canceling telephone status conference set for May 18, 2022. In the event a Stipulated Notice of Dismissal is not filed by July 12, 2022, the parties are instructed to file a Status Report. Judge David A. Ruiz on 5/13/2022. (H,Z)
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Filing 41
Joint Status Report filed by Keller North America, Inc.. (Somogye, Matthew)
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Copy of Order on Motion for extension of time mailed to Jeremy Earl, 17835 English Drive, Chagrin Falls, OH 44023 on 3/4/2022. (G,CA)
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Order [non-document] granting Defendant Williams' Consent #40 Motion for extension of time until 3/30/2022 to Reply to #38 Plaintiff's Brief in Opposition to #37 Motion for leave to file Motion for Summary Judgment. Judge David A. Ruiz on 3/4/2022. (G,CA)
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Filing 40
Motion for extension of time until 3/30/2022 to Reply to #38 Plaintiffs Brief in Opposition to #37 filed by Defendant Donald Ray Williams. Related document(s) #38 . (Kelly, Sandra)
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Copy of #39 Order mailed to Jeremy Earl, 17835 English Drive, Chagrin Falls, OH 44023 on 3/1/2022. (G,CA)
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Filing 39
Order: All prior orders issued in this action, including (but not limited to) Initial Orders and Case Management Orders, shall remain in effect unless such order(s) were superseded by subsequent court order(s). Parties are ordered to confer and file a brief Joint Status Report within 14 days of this Order. IMPORTANT: Parties are advised to carefully read this Order for additional information and requirements. Judge David A. Ruiz on 2/28/2022. (H,SN)
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Copy of the Notice of Electronic Filing of the judge reassignment dated 2/22/2022 mailed to Jeremy Earl at 17835 English Drive Chagrin Falls, OH 44023 on 2/22/2022. (G,M)
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Case reassigned to District Judge David A. Ruiz pursuant to General Order 2022-03. Related document(s) #37 . (G,M)
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Filing 38
Opposition to #37 Motion for leave to file Motion for Summary Judgment filed by Keller North America, Inc.. (Attachments: #1 Exhibit A - Donald Ray Williams Deposition Transcript, #2 Exhibit B - Rule 56(d) Declaration, #3 Exhibit C - Somogye Declaration Authenticating Exhibits, #4 Exhibit D - Text Messages between Josh Senk and Jeremy Earl, #5 Exhibit E - Jeremy Earl's Responses to Keller's First Set of Interrogatories, #6 Exhibit F - Josh Senk 8/21/20 Emails, #7 Exhibit G - Josh Senk 8/19/20 Emails, #8 Exhibit H - Norm Dotson Message to Jeremy Earl and Donald Ray Williams, #9 Exhibit I - Combined Resignation Emails of Keller Employees) (Somogye, Matthew s/by Dustin M. Dow). Modified on 2/23/2022, filer notified that s/signature should be same as filer (H,SP).
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Filing 37
Motion for leave to file Motion for Summary Judgment, with memorandum in support filed by Defendant Donald Ray Williams. (Attachments: #1 Motion for Summary Judgment, #2 Exhibit A - Affidavit Donald Ray Williams, #3 Exhibit B - Defendant's request to Plaintiff's counsel for dismissal) (Kelly, Sandra)
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Filing 36
Notice of Intent to Proceed Pro Se and Motion to be excused from electronic filing filed by Defendant Jeremy Earl. (S,HR)
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Minutes of proceedings [non-document]. Telephonic Status Conference held 11/15/2021. All parties in attendance. There being no opposition to counsels' Motion to Withdraw (Doc. #32 ), the Court GRANTS counsels' Motion. Defendant Jeremy Earl's #36 Motion to proceed pro se is granted. Defendant may proceed pro se, is excused from electronic filing and may view discovery marked "ATTORNEYS' EYES ONLY." Non-Expert Discovery Cut-Off set for 5/13/2022. If the parties decide that a mediation conference would be fruitful during the course of discovery, they shall notify the Court. Telephonic Status Conference call set for 5/18/2022 at 2:00PM. The Court will circulate call-in information prior to the conference. Time: 15 minutes. (S,HR)
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Copy of NEF for non-document Minutes of Proceedings filed 11/16/21 mailed to Jeremy Earl at 17835 English Drive, Chagrin Falls, OH 44023. (S,HR) (S,HR)
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Filing 31
Answer to #17 Amended complaint, filed by Michels Corporation. (Brown, Abbey)
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Order [non-document] granting Defendant Michels Corporation's #30 Motion for Extension of Time to Answer Amended Complaint. Michels Corporation answer due 9/14/2021. Judge Christopher A. Boyko on 9/8/21.(S,HR)
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Filing 30
Unopposed Motion for extension of time until September 14, 2021 to answer Plaintiff's Amended Complaint filed by Defendant Michels Corporation. Related document(s) #17 . (Brown, Abbey)
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Filing 29
Opinion and Order. The Court GRANTS, IN PART and DENIES, IN PART Defendant's #22 Motion to Dismiss. Specifically, the Court: DISMISSES Count III, Interference with Prospective Business Relationship against Michels because OUTSA preempts the claim; DISMISSES Count IV, Conspiracy against Defendants Michels and Senk because Keller failed to state a claim upon which relief may be granted. The Court DISMISSES Defendant Senk from the lawsuit; DENIES Michels' Motion to Dismiss Counts V & VI, Misappropriation of Trade Secrets under OUTSA and the Defend Trade Secrets Act; DISMISSES Count VII, violation of the Computer Fraud and Abuse Act because Keller failed to state a claim upon which relief may be granted; DISMISSES Count VIII, Interference with Contract against Michels because OUTSA preempts the claim; DENIES Michels' Motion to Dismiss Count IX, Destruction of Evidence; and DISMISSES Count X, Fraud against Michels because Keller failed to state a claim upon which relief may be granted. Judge Christopher A. Boyko on 8/24/21.(S,HR)
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Order [non-document] CANCELLING Telephone Conference on 6/28/21 at 2:00 pm. The Court will reset the Conference at a later date. Judge Christopher A. Boyko on 6/24/21. (S,HR)
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Filing 28
Reply in support of #22 Motion to dismiss for failure to state a claim filed by Michels Corporation, Josh Senk. (Brown, Abbey)
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Filing 27
Initial Disclosures filed by Donald Ray Williams. (Kelly, Sandra)
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Minutes of proceedings[non-document]. Case Management Conference held before Judge Christopher A. Boyko. All parties in attendance. Case is assigned Standard track. Telephonic Conference set for 6/28/2021 at 2:00PM. Parties shall begin discovery. Defendants Senk and Michels Corp. are excused from discovery while their Motion to Dismiss remains pending, unless otherwise agreed to by the parties. Time: 15 minutes. (S,HR)
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Filing 26
Opposition to #22 Motion to dismiss for failure to state a claim filed by All Plaintiffs. (Dow, Dustin)
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Filing 25
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Keller North America, Inc. (Dow, Dustin)
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Filing 24
Stipulated Protective Order and Supplemental Statement regarding the Filing of the Electronic Device Protective Order. Judge Christopher A. Boyko on 2/12/21.(S,HR)
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Filing 23
Protective Order Governing Imaging, Inspection of Electronic Devices and Protection of Confidential, Protected, and Privileged Information and Preservation of Privilege and Protections. (Related Doc #13 .) Judge Christopher A. Boyko on 2/12/21.(S,HR)
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Filing 22
Motion to dismiss for failure to state a claim with memorandum in support filed by Michels Corporation, Josh Senk. Related document(s) #17 . (Brown, Abbey)
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Filing 21
Case Management Conference Scheduling Order with telephonic case management conference to be held on 3/15/2021 at 10:30 AM before Judge Christopher A. Boyko. This Court requires the participation of lead counsel. The Court will host the conference call and inform counsel by way of separate email of the telephone number for the conference call. Parties shall be available by phone, if needed. Judge Christopher A. Boyko on 2/8/21. (Attachments: #1 Exhibit A - Report of Parties Planning Meeting, #2 Exhibit B - Consent)(S,HR)
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Filing 20
Answer to #17 Amended complaint, filed by Jeremy Earl. (Murnane, Colleen)
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Order [non-document] granting Michaels Corporation and Josh Senk's Motion for Extension (Doc. #19 ) to Answer Amended Complaint. Michaels Corporation and Josh Senk answer due 2/11/2021. Judge Christopher A. Boyko on 1/27/21.(S,HR)
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Filing 19
Unopposed Motion for extension of time until February 11, 2021 to answer Amended Complaint filed by Michels Corporation, Josh Senk. Related document(s) #17 . (Brown, Abbey)
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Filing 18
Joint Motion for Entry of Stipulated Protective Order and Supplemental Statement regarding the Filing of the Electronic Device Protective Order filed by Plaintiff Keller North America, Inc. (Attachments: #1 Proposed Stipulated Protective Order)(Dow, Dustin)
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Filing 17
First Amended complaint against All Defendants. Filed by Keller North America, Inc.. (Attachments: #1 Exhibit A - Earl Confidentiality Agreement, #2 Exhibit B - Earl Email 2020-07-18, #3 Exhibit C - Earl_Michels Employment Offer Letter, #4 Exhibit D - Williams_Michels Employment Offer Letter) (Dow, Dustin)
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Order [non-document] GRANTING Plaintiff's Unopposed Motion to Stay Briefing (Doc. #16 ). Given the parties' representation in the Motion to Stay, the Court also GRANTS Plaintiff's Motion to Amend the Complaint (Doc. #14 ). Plaintiff must file its Amended Complaint on the Docket as its own entry before 1/20/2021. Due to the Amended Complaint, the Motion to Dismiss (Doc. #12 ) is MOOT and the Court DISMISSES it without prejudice. Judge Christopher A. Boyko on 1/13/2021.(D, I)
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Filing 16
Unopposed Motion to stay briefing and decision on motion to dismiss complaint against Michels and Senk filed by Plaintiff Keller North America, Inc.. Related document(s) #12 . (Dow, Dustin)
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Filing 15
Corporate Disclosure Statement filed by Michels Corporation. (Brown, Abbey)
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Filing 14
Motion to amend complaint filed by Plaintiff Keller North America, Inc.. (Attachments: #1 Exhibit 1 - First Amended Complaint, #2 Exhibit 2 - First Amended Complaint (with tracked changes))(Dow, Dustin)
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Filing 13
Joint Motion for protective order filed by Plaintiff Keller North America, Inc.. (Attachments: #1 Proposed Order Protective Order Governing Imaging, Inspection of Electronic Devices and Protection of Confidential, Protected, and Privileged Information and Preservation of Privilege and Protections in the Event of Inadvertent Production of Privileged Material)(Dow, Dustin)
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Order [non-document] DISMISSING AS MOOT Plaintiff's Motion for Expedited Discovery (Doc. #4 ) in light of the parties' Joint Stipulation (Doc. #9 ). Judge Christopher A. Boyko on 12/17/2020.(D, I)
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Notice by Clerk that Michels Corporation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (H,SP)
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Filing 12
Motion to dismiss for failure to state a claim Plaintiff's Complaint filed by Michels Corporation, Josh Senk. (Related document(s) #1 ) (Brown, Abbey)
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Filing 11
Answer to #1 Complaint, with Jury Demand filed by Donald Ray Williams. (Kelly, Sandra)
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Filing 10
Answer to #1 Complaint, filed by Jeremy Earl. (Murnane, Colleen)
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Filing 9
Joint Proposed Stipulation of Plaintiff Keller North America, Inc. and Defendant Jeremy Earl filed by Keller North America, Inc.. Related document(s) #4 .(Dow, Dustin)
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Order [non-document] granting Defendant's #7 Motion for Extension of Time to Answer or otherwise respond to Plaintiff's Complaint. Michels Corporation and Josh Senk's response to the Complaint is due on or before 12/14/2020. Judge Christopher A. Boyko on 11/13/2020.(J,G)
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Order [non-document] granting Defendant's #8 Motion for Extension of Time to Answer. Jeremy Earl's response to the Complaint is due on or before 11/17/2020. Judge Christopher A. Boyko on 11/13/2020.(J,G)
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Filing 8
Motion for extension of 5 days until 11/17/2020 to answer , Move or Otherwise Plead in Response to Plaintiff's Complaint filed by Defendant Jeremy Earl. (Farkas, Gregory)
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Filing 7
Unopposed Motion for extension of time until December 14, 2020 to answer or otherwise respond to Plaintiff's Complaint filed by Michels Corporation, Josh Senk. (Brown, Abbey)
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Order [non-document] granting #5 Defendant's Motion to Seal Exhibit A to Doc. #4 ; and granting #6 Joint Motion for Extension of Time for Defendant to Answer. Donald Ray Williams answer due 11/30/2020. Judge Christopher A. Boyko on 11/4/2020.(D, I)
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Filing 6
Joint Motion for Extension of Time until 11/30/2020 for Donald Ray Williams to Answer Complaint filed by Plaintiff Keller North America, Inc. (Dow, Dustin)
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Filing 5
Motion to seal Exhibit A to #4 Motion for Expedited Discovery from Defendant Jeremy Earl filed by Plaintiff Keller North America, Inc.. (Related document(s) #4 ). (Attachments: #1 Proposed Order) (Dow, Dustin)
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Filing 4
Motion for Expedited Discovery from Defendant Jeremy Earl filed by Plaintiff Keller North America, Inc.. (Attachments: #1 Memorandum in Support, #2 Exhibit A - First Set of Expedited Requests for Production of Documents to Defendant Jeremy Earl, #3 Proposed Order) (Dow, Dustin)
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Filing 3
Original Summons and Magistrate Consent Form issued to counsel for service upon Jeremy Earl, Michels Corporation, Josh Senk, Donald Ray Williams. (Attachments: #1 Magistrate Consent Form) (L,MI)
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Filing 2
Corporate Disclosure Statement identifying Corporate Parent Keller Group PLC for Keller North America, Inc. filed by Keller North America, Inc.. (Dow, Dustin)
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Filing 1
Complaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-10362463. Filed by Keller North America, Inc. (Attachments: #1 Exhibit A - Earl Confidentiality Agreement, #2 Exhibit B - 2020.07.18 Email to and from Earl re Customer Contacts, #3 Exhibit C - Earl Signed Offer Letter, #4 Exhibit D - Williams Signed Offer Letter, #5 Civil Cover Sheet, #6 Summons - Jeremy Earl, #7 Summons - Donald Ray Williams, #8 Summons - Josh Senk, #9 Summons - Michels Corporation) (Dow, Dustin)
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Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge William H. Baughman, Jr. (L,MI)
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Judge Christopher A. Boyko assigned to case. (L,MI)
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